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HomeMy WebLinkAbout1000-127.-3-8 r � r /(el OFFICE LOCATION: tiO��oF Ql® MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) CA ,c Southold, NY 11971 ® ,O� Telephone: 631 765-1938 Q Fax: 631 765-3136 �yC0um,� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Town of Southold Town Board From: Mark Terry, LWRP Coordinator Date: August 15, 2016 Re: Proposed Purchase of Properties known as the Brushes Creek Properties SCTM #1000-127.-3-8; 9.2; 10.2; 10.3 and#1000-128.-8-17.2 & 17.3 The proposed action is the simultaneous purchase of the properties identified as: • SCTM #1000-127.-3-8 Tristate Capital Holdings, LLC (5.4±acres) • SCTM #1000-127.-3-9.2 Capital Asset Retirement Fund, LLC and Tristate Capital Holdings, LLC (2.1±acres) • SCTM #1000-127.-3-10.2 Jeffry Hallock (3.4±acres) • SCTM #1000-127.-3-10.3 Hallock Holding Corp. (1.8± acres) • SCTM #1000-127.-8-17.2 Capital Asset Retirement Fund, LLC and Tristate Capital Holdings, LLC (0.67± acre) • SCTM #1000-127.-8-17.3 Capital Asset Retirement Fund, LLC (12.5± acres) The total area of the combined properties is 25.87± acres.The properties are located on Diachun Road and the north side of Peconic Bay Boulevard approximately 517 feet east from the intersection of North Oakwood Road and Peconic Bay Boulevard in Laurel. The properties are located within the Agricultural-Conservation (A-C) Zoning District and partially within the R- 40 Zoning District. The combined properties have approximately 98±feet of road frontage on Peconic Bay Boulevard and 1800±feet along Brushes Creek. The action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department as well as the records available to me, it is My recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Please contact me at (631) 765-1938 if you have any questions regarding the above recommendation. Cc: Bill Duffy, Town Attorney Melissa Spiro, Land Preservation Coordinator Town of Southold 0E C E ED1E LWRP CONSISTENCY ASSESSMENTFORIYTA. INSTRUCTIONS 1• All applicants for permits* including Town of Southold agencies, shall complete this CCAF for Proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in : making a determination of consistency. *Except minor exempt actions including Building Permits and other-ministerial permits not located within the Coastal Erosion Hazat-d area. 2- Before answering the questions in Section C, the preparer of this form should review -minor action list, policies and explanations of each policy contained in the Town of Southold Local 'Waterfront Revitalization Program A proposed action will be e beneficial valuated as to its significant and adverse effects upon the coastal area which includes all of outhold Town . 3. If any question in Section C on this form is answered ,yes,, or "no then the 'rosed affect the achievement of the LWRP policy standards and conditions contained o the consistency action ill review law. Thus each answer must be ex lamed in detail listinor both su ertin and'noa- suPnortina facts. If an action cannot be certified as consistent with the LWRP polic conditions, it shall not be undertaken y standards and A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown northfbrknet), the Board of Trustees Office, the planning Department,all local libraries and the Town Clerk's office. B. DESCRIPTION OI+'SITE AND PRO POSED ACTION, •C-A AiSe*�:(enee vr�� LLC-j. I LL7 P 3 8 '.9) 10, 2. tc�•� ,.- � rfzs�.k C'.1p,�A 11, OSS,L61c, SCTM#�— ��F rj wc.11oGlc --�_— 17____•Z�• 17�aj • 4ot I�oc.t�' I�pud�;n� (01?- PROJECT NAME o u { -J • a(��'�-o� / s<e'tt2af�`c�e vv-e A-FU LLC. `` C the Application has beenus bmitted to (checkd ro ririate app p response): town Board • M PlauniugBoardG Buildin De t. g p © Board of Trustees Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital construction,.plaiuung activity, agency regulation, land transaction) (b) Financial assistancee.g. ( grant, loan, subsidy) (c) Pennit,approval, license, certification: ature and extent of action: a c w . fiiS'Cal r�14�f�e f� rnSG�p aZCJd 4, n `` Ce UfQoseS , r 0.c Iq loOY`CYividQ in rtS� ccS ` Alm -in- ro-A rnc� av`L lbv�ri `�c GCkp�f2 q A'��D unDiv,`c&v L4&%kr,t , Location of action:,V, oqi 2Sr Ep C. S1c9� �t .cs Cro.ck"• fi Site acreage: are c, marc c lS e1u4s °tS. 7 8 a crrS Present land use: qaectrr. Wo ��� .�. 0. n ( , Present zoning classification:_ A — C' an L` t4 O 2. If anapplication for the proposed action has been filed with the Town of Southold agency, the following infonnation shall be provided: (a) Name of applicant: (b) Mailing address: (c) Telephone number: Area Code( ) (d) Application number, if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No❑ If yes, which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will-farther support or not, support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. MV Yes ❑ No ❑ Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See UAW Section III— Policies Pages 3 through 6 for evaluation criteria ❑ Yes 0 No ❑ Not Applicable usY1 N�` u� CjC CS%4-,' Attach additional sheets if necessary Policy 3. Enhance visual quality and protect Scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation'criteria . Yes E No R Not Applicable C�SeCV Co1V ` yod "to' atae o �c? Yom' C1f-, Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria R(Yes 0 No 0 Not Applicable •� 6 g` Attach additional sheets if necessary Policy S. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Poli . Pages 16 through 21 for evaluation criteria Yes No D Not Applicable — cPSe(�� w. �c� ► h. leve, I r Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III— Policies; Pages 22 throng 32 for evaluation criteria. Yes Q No 0 Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. �i Yes R No[ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III— Policies; Pages 34 through 38 for evaluation criteria. Q Yes ❑ No 1� Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criter' . Yes❑ No© Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES f Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See WRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑� Yes F1 No Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Pecouic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. [ .1 Yes ❑ No ❑ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. © Yes ❑ No li�Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Polic=plicable 5 through 68 for evaluation criteria. © Yes F] No 'REPARED BY t TITLE 401r�FRI.�1QO�i ATE ,b ended on 811105 RESOLUTION 2016-755 � a DOC ID: 12182 �O1,F Baa' T'71 �c �I7'�--•fl�■ i■ �r-��sa �1 1 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2016-755 WAS SCHEDULED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 9,2016: RESOLVED that pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code,the Town Board of the Town of Southold hereby sets Tuesday, August 23, 2016, at 7:31 p.m., Southold Town Hall, 53095 Main Road, Southold,New York as the time and place for a public hearing for the simultaneous purchase of the properties identified as: • SCTM#1000-127.-3-8 TriState Capital Holdings,LLC (5.4± acres) • SCTM#1000-127.-3-9.2 Capital Asset Retirement Fund, LLC and TriState Capital Holdings, LLC (2.1± acres) • SCTM#1000-127.-3-10.2 Jeffry Hallock(3.4± acres) • SCTM#1000-127.-3-10.3 Hallock Holding Corp. (1.8± acres) • SCTM#1000-127.-8-17.2 Capital Asset Retirement Fund, LLC and TriState Capital Holdings, LLC (0.67±acre) • SCTM#1000-127.-8-17.3 Capital Asset Retirement Fund, LLC (12.5± acres) The total area of the combined properties is 25.871 acres. The properties are located on Diachun Road and the north side of Peconic Bay Boulevard approximately 517 feet east from the . intersection of North Oakwood Road and Peconic Bay Boulevard in Laurel. The properties'are located within the Agricultural-Conservation(A-C) Zoning District and partially within.the R-40 Zoning District. The combined properties have approximately 98±feet of road frontage on Peconic Bay Boulevard and 1800±feet along Brushes Creek. The 25.87± acres will be acquired at a simultaneous closing, with the County acquiring a seventy-nine percent (79%) undivided interest and the Town acquiring a twenty-one percent (21%) undivided interest, as tenants-in-common, to each of the six (6)tax map parcels listed above. The total combined price is $2,131,750± (two million one hundred thirty-one thousand seven hundred fifty dollars,plus or minus),plus all related acquisition costs which will be divided in accordance with the 79% County/21% Town partnership. The exact acreage is subject to survey. The combined purchase price may be adjusted based upon surveyed acreage of SCTM #1000-127.-8-17.2. The purchase price for each of the six(6)parcels and the acquisition costs will be funded in accordance with the 79% County/21%Town partnership with the County's funding from the County New Drinking Water Protection Program, as amended and effective December 1, 2007 and County Old Drinking Water Protection Program as in effect November 30, 2000, and the Town's funding will be from the Town's Community Preservation Fund. The 21% Town's purchase price is $447,667.50± (four hundred forty-seven thousand six hundred sixty-seven dollars and fifty cents, plus or minus)plus acquisition costs. The properties are listed on the Town's Community Preservation Project Plan as properties that should be preserved for open space and wetland protection purposes. The purpose of this Resolution 2016-755 Board Meeting of August 9, 2016 acquisition is for open space protection and passive recreational purposes. Proposed uses of the property may include a nature preserve, passive recreational area with trails and limited parking for access purposes, all subject to a Management Plan which will be developed for this property. The Land Preservation Coordinator has reviewed the acquisition in accordance with Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5. Sanitary Flow Credits may be available for transfer from the properties upon the purchase of the properties. The County of Suffolk will determine if Sanitary Flow Credits (a.k.a. County Workforce Housing Development Rights) are available, and if so, the number of Sanitary Flow Credits available from the properties. Any available Sanitary Flow Credits will be divided between the County and the Town in accordance with the 79% County/21% Town joint partnership percentage. The transfer of the Sanitary Flow Credits allotted to the Town will not be finalized, and shall not occur,until the Town closes on the properties, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold,New York, and may be examined by any interested person during business hours. Elizabeth A. Neville Southold Town Clerk Updated: 8/9/2016 11:53 AM by Lynda Rudder Page 2