Conservation Easement

LEGAL NOTICE - NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday,_April 23, 2019 at 4:30 pm, Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a Conservation Easement on properties owned by Island’s End Golf and Country Club, Inc. Said properties are identified as part of SCTM #1000-35.-2-12 and part of SCTM #1000-35.-2-17.1 with addresses 5243 and 4675 NYS Route 25, respectively, in Greenport. The properties are located in the R-80 Zoning District and situated on the northerly side of NYS Route 25 in the vicinity of the intersection of NYS Route 25 with Maple Lane.

The Town proposes to purchase a Conservation Easement on the combined 32.45± total acres referenced as the Premises. The Town proposes to purchase the development rights on approximately 30.22± acres, referenced as the Protected Areas. The development rights will be retained on approximately 1.8± acres referenced as the Development Area and a 0.43± acre area that is subject to a recorded parking area easement. 

The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the landowner. The easement will be acquired using Community Preservation Funds. The purchase price accepted by the landowner is $1,293,750 (one million two hundred ninety-three thousand seven hundred fifty dollars). The Town will pay for closing costs associated with the acquisition areas. 

The Town’s purchase offer is below the fair market value of the Easement as determined by the Town’s commissioned appraisal by a qualified appraiser, and the landowner may be eligible to claim a bargain sale. The Town acknowledges that the purchase of this Easement constitutes a bargain sale. 

The property is listed on the Town’s Community Preservation Project Plan as property that should be preserved due to its recreational, open space and agricultural values and for the protection of undeveloped beach lands and shore lines. Acquisition of the proposed easement will yield a significant public benefit by promoting public outdoor recreational enjoyment and opportunities within the Town, by providing affordable recreational opportunities for the residents of the Town and others, and by prohibiting development of the Protected Areas for any other purpose but recreational use. The Town recognizes that the public recreational use may become unsustainable, and subject to Town Board approval and pursuant to the terms of the easement, the Premises may be used for agricultural purposes.

The Premises together with the adjacent two parcels currently identified as SCTM #1000-35.-2-1 and SCTM #1000-35.-2-11 comprise the operating golf course known as Island’s End Golf and Country Club and the owners of those adjacent parcels, William King and Robert Turner, as Tenants in Common, are entering into a similar Easement with the Town concurrent with this acquisition proposal in order to preserve the existing golf course use and for the same purposes as this acquisition. This acquisition is subject to and contingent upon the Town’s acquisition of the Easement on said adjacent properties.

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.

Dated:  April 9, 2019

BY THE ORDER OF THE 

SOUTHOLD TOWN BOARD

Elizabeth A. Neville

Southold Town Clerk