Public Hearing: Town of Riverhead - Application to amend a Deed of Conservation Easement for Major Subdivision of Demchuk Estates
TOWN OF RIVERHEAD
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that a public hearing will be held before the Town Board of the Town at Riverhead at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, on the 7th day of February, 2017 at 2:05 o'clock p.m. to consider an application to amend a Deed of Conservation Easement for Major Subdivision of Demchuk Estates as follows:
WHEREAS, the applicant is an owner of property, 15± acres located between Twomey Avenue and Riley Avenue at Calverton, New York, preserved for and limited to agricultural use by Deed of Conservation Easement dated June 7, 2007, recorded with the Suffolk County Clerk on June 17, 2007 at Liber D00012509, Page 141; and
WHEREAS, the applicant/owner of the 15+- acre parcel described above appeared before the Town of Riverhead Farmland Preservation Committee seeking waiver of site plan and approval to construct a pole barn and six (6) greenhouses on the subject property; and
WHEREAS, after review of the Deed of Conservation Easement and such other documents related to Planning Board approval for the subdivision known as Demchuk Estates, the Town of Riverhead Farmland Preservation Committee referred the matter to the Planning Board for clarification regarding the language set forth in the Deed of Conservation Easement, specifically, language related to construction of barn, accessory buildings and square footage recitals set forth therein; and
WHEREAS, at the request of the Town of Riverhead Farmland Preservation Committee the Planning Board reviewed Deed of Conservation Easement and all relevant documents, together with applicant’s proposed plot plan related to the construction of and location of a barn and greenhouses and determined it was appropriate, subject to public hearing and Town Board approval, to amend the Deed of Conservation Easement dated June 7, 2007, recorded with the Suffolk County Clerk on June 17, 2007 at Liber D00012509, Page 141, as follows:
“NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN PURSUANT TO PLANNING BOARD RESOLUTION, #4 DATED January 4, 2007 GRANTING CONDITIONAL FINAL APPROVAL TO MAP OF DEMCHUK ESTATES, THE PREMISES DESCRIBED IN SCHEDULE “A” SHALL ALLOW THE CONSTRUCTION OF A ONE SINGLE FAMILY RESIDENCE, RELATED RESIDENTIAL USES AND BARN STRUCTURES AND ACCESSORY BUILDINGS TOTALING 6,000 SQUARE FEET OF SURFACE AREA, ON A FLOATING BUILDING ENVELOPE OF AT LEAST 40,000 SQUARE FEET WITHIN THE SITE AS APPROVED BY THE RIVERHEAD TOWN PLANNING BOARD”
“NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NO STRUCTURES MAY BE ERECTED OR MAINTAINED ON THE PROPERTY DESCRIBED IN SCHEDULE “A” EXCEPT AS PERMITTED BY THIS PARAGRAPH:
1. _ DEER FENCING ALONG PERIMETER BOUNDARIES AND EXISTING POTATO BARN TOGETHER WITH TRANSFORMER BOX AND PANEL BOX FOR ELECTRICITY.
2. _ ONE POLE BARN AS DESCRIBED IN BUILDING PERMIT APPLICATION NO. 77 DATED FEBRUARY 9, 2016 NOT TO EXCEED 40 FEET BY 100 FEET.
3. _ SIX GREENHOUSES EACH NO LARGER THAN 30 FEET BY 150 FEET AS DEPICTED UPON A SURVEY TO BE FILED WITH THE PLANNING BOARD BEARING THE SIGNATURE OF THE CHAIRMAN OF THE BOARD AND DATE OF APPROVAL.
4. _ UPON THE COMPLETE REMOVAL OF ALL OF THE GREENHOUSES, A SINGLE FAMILY RESIDENCE AND ACCESSORY STRUCTURES MAY BE CONSTRUCTED AND MAINTAINED SUBJECT TO THE FOLLOWING LIMITATIONS AND CONDITIONS: THE SQUARE FOOTAGE MAY NOT EXCEED A TOTAL OF 3000 SQUARE FEET FOR THE SINGLE FAMILY RESIDENCE AND ACCESSORY STRUCTURE(S); COMPLIANCE WITH THE THEN CURRENT LOT YARD DIMENSIONAL REQUIREMENTS; APPROVAL OF SITING ALL SUCH RESIDENTIAL IMPROVEMENTS BY THE PLANNING BOARD; AND RESTORATION OF THAT PORTION OF PROPERTY WHEREIN THE GREENHOUSES WERE LOCATED TO CROP PRODUCTION OR GRAZING LAND FREE OF ANY STRUCTURES OR EQUIPMENT, TEMPORTY OR PERMANENT.
5. _ NO OTHER STRUCTURE OR EQUIPMENT, TEMPORARY OR PERMANENT, FOR ANY PURPOSE SHALL BE ERECTED AT THE PROPERTY. MARKETING OR RETAIL SALES SHALL BE PROHIBITED.”
Overstrike represents deletion(s)
Underscore represents addition(s)
Dated: Riverhead, New York
January 18, 2017
BY THE ORDER OF THE TOWN BOARD
OF THE TOWN OF RIVERHEAD
DIANE M. WILHELM, Town Clerk