Public notices

Public Notice: Town of Riverhead– resolution to purchase property

PUBLIC NOTICE

TOWN OF RIVERHEAD

NOTICE IS HEREBY GIVEN that at a regular meeting of the Town Board, as governing body of the Town of Riverhead, held on August 4, 2020 the Town Board duly adopted a resolution, an abstract of which follows, which resolution was made subject to a permissive referendum pursuant to the provisions of Town Law and Municipal Home Rule Law:

Resolution Authorizes the town of riverhead to Purchase Property Located at 117 East Main Street, Riverhead, NY (SCTM# 0600- 129-1.00-012.000); 121 East Main Street, Riverhead, NY (SCTM# 0600-129-1.00-013.000) and 127 East Main Street, Riverhead NY (SCTM# 0600-129-1.00-014.000) subject to permissive referendum

WHEREAS, for several decades beginning as far back as the early 1980’s the Town recognized and expressed its desire to revitalize and assist in the redevelopment of the Downtown Business District, particularly the East Main Street corridor, beginning with the condemnation, purchase, demolition and improvement of lands along the Peconic River east of Peconic Avenue, including installation of bulk heading along the riverfront to provide transient boat dockage (Country Fair and Nautical Festival), purchase of the Vail Leavitt Music Hall, purchase of the Cavanaro property (located behind former Sweezy’s) for parking, purchase and lease of land to East End arts, together with other public improvements such as installation and repair of sidewalks and planting of street trees; and

 

WHEREAS, in furtherance of the Town and Community Development Agency’s determination to restore the economic vitality to the Downtown Business District and need to address the increasing numbers of vacant or underutilized structures,  areas of blight and deteriorated structures, in 1992 the Town and Community Development Agency pursued the designation of the East Main Street corridor (along the north and south side of Main Street east of Peconic Avenue and hereinafter after referred to as “EMSURA”)  as an urban renewal area (General Municipal Laws Article 15 and 15A) to create a legal mechanism to accomplish the redevelopment, economic development and beautification goals of the community; and

 

WHEREAS, in 1993, the Town and Community Development Agency adopted the East Main Street Urban Renewal Plan reciting  the major goals and objectives as promotion of tourist and river related redevelopment; encouragement of commercial and recreational uses more directly related to the Peconic River; creation of tourist destination, with land uses such as restaurants, retail of products indigenous to the region, and art galleries; encouragement of private financing, state funding, subsidies and capital grants to achieve desired urban renewal goals; and

 

WHEREAS, the 1993 East Main Street Urban Renewal Plan recited potential for acquisition, preservation, and redevelopment of the Vail-Leavitt Music Hall (constructed in 1881 over a haberdashery with second story opera house); Suffolk Theatre (a 1920’s movie theatre with balcony seating); and a host of properties on and along Peconic Avenue and Main Street and unimproved portions of properties along Main Street, including SCTM # 600-129-1-14; and

 

WHEREAS, in 2000, as part of the Town and Community Development Agency’s  continued efforts to restore economic vitality to the Downtown area, the Town a retained a firm to prepare a “Revitalization Strategy for Downtown Riverhead” (later incorporated into the Comprehensive Plan adopted in 2003) which included the following goals and policies: preservation and enhancement of pedestrian access and views corridors between East Main Street and the Peconic River; establish park uses along the edges of the waterfront: implement streetscape and landscape improvements: build pedestrian walkways between Main Street and the waterfront; and

 

WHEREAS, due to changes in land use, including but not limited to, Atlantic Marine World; Suffolk Theatre; Vail Leavitt Music Hall; Suffolk Community College Culinary Arts Program; Grangebel Park Improvement Project, Peconic Riverfront Pedestrian Improvement Project: restoration of John Lombardi Park gazebo and garden area, and,  public policy changes, including but not limited to, the adoption of the 2003 Comprehensive Plan and changes in zoning from Business D District to Downtown Center 1, Downtown Center 2 and other zone changes, in 2008 the Town and Community Development Agency studied and adopted an update to the East Main Street Urban Renewal Plan; and

 

WHEREAS, the 2008 East Main Street Urban Renewal Plan Update recited similar goals set forth in the studies above, including, encouragement of more scenic vistas along the Peconic River Corridor; pedestrian parks and courtyards to provide positive aesthetic quality; dual entrance design to connect commercial and retail uses to the waterfront and parking areas; promote open space and community facilities for tourists and local residents;  enlargement of public space along the river corridor south of East Main Street by reducing land dedicated to parking and seek public/private partnerships to make improvements and maintain view sheds; minimize alleyways and hidden spaces that pose risks to public safety; and implementation of beautification projects; and

 

WHEREAS, the 2008 East Main Street Urban Renewal Plan Update (at page 23), not dissimilar to the 1993 East Main Street Urban Renewal Plan, “there are properties both north and south of East Main Street and West of McDermott that are being considered for public and private acquisition. Public acquisition of additional lands, where warranted, may be necessary to foster the overall goals of this update. Public land within the EMSURA, such as areas utilized for parking, should be reviewed periodically and a determination rendered as to whether parking is the appropriate use. If not, public/private funding for reuse of parking with acceptable development or conversion to parkland should be considered; and

WHEREAS, since the early 1980’s through to the present, the Town, together with the Community Development Agency, have made some significant accomplishments consistent with the revitalization plans above, and continued to update and study the East Main Street corridor with a focus on the goals to encouragement of more scenic vistas along the Peconic River Corridor; pedestrian parks and courtyards to provide positive aesthetic quality; dual entrance design to connect commercial and retail uses to the waterfront public/private partnerships to make improvements and maintain view sheds encouragement of private financing, state funding, subsidies and capital grants to achieve desired urban renewal goals; and

 

WHEREAS, during the past year, the Community Development Agency and Town adopted resolutions evidencing commitment to revitalize of the EMSURA, including support for grant funding for a Town Square and  designation of parcels appropriate for acquisition with the Old Drinking Water Protection Program 12-D money; and

WHEREAS, in December of 2019, the Community Development Agency successfully made application for grant monies wherein the Town of Riverhead was awarded an $800,000 grant through the Long Island Regional Economic Development Council for a project to create a Town Square consisting of a public gathering space, pedestrian connectivity and open vistas from Main Street to the riverfront; and

 

WHEREAS, two parcels located on East Main Street , 121 East Main Street (SCTM# 0600-129-1.00-013.000) and 127 East Main Street (SCTM# 0600-129-1.00-014.000) were identified for possible acquisition and included as part of the Town’s grant application to the Long Island Regional Economic Development Council and five parcels located on East Main Street, including 117 East Main Street (SCTM# 0600-129-1-12), 121 East Main Street (SCTM# 0600-129-1.00-013.000) and 127 East Main Street SCTM# 0600-129-1.00-014.000 were all identified by the Town as priority parcels for acquisition with funding through the Old Drinking Water Protection Program 12-D reciting the parcels proximity to the Peconic River with rehabilitation of such parcels mitigating known negative impacts and achieving desired goals of the Peconic Estuary Program Comprehensive Conservation and Management Plan (CCMP); and

 

WHEREAS, the Town and Community Development Agency seek to purchase 117 East Main Street SCTM# 0600-129-1-12, 121 East Main Street SCTM# 0600-129-1.00-013.000) and 127 East Main Street SCTM# 0600-129-1.00-014.000 in furtherance of the goals recited above, specifically, creation of a public gathering space with pedestrian connectivity and open vistas from Main Street to the Peconic River, together with encouragement and pursuit of private financing, public and private partnership(s), federal, state and local funding, subsidies and capital grants to design and construct commercial and retail uses compatible with public space all consistent with the urban renewal policies and goals recited above; and

 

WHEREAS, the owner of parcels 117 East Main Street SCTM# 0600-129-1-12, 121 East Main Street SCTM# 0600-129-1.00-013.000) and 127 East Main Street SCTM# 0600-129-1.00-014.000 has expressed willingness to sell the subject properties to the Town of Riverhead and/or Community Development Agency for $1, 250,000.00, $950,000.00, $2,650,000.00 respectively; and

 

WHEREAS, the Town/Community Development Agency seek to purchase the properties subject to and conditioned upon the following terms and conditions all to be made part of formal contract of sale for each parcel:

  • 117 East Main Street: Purchase Price of $1,250,000.00 subject to right to Town/CDA right to conduct a Phase I Environmental Inspection and Assessment with right to terminate if  the Phase I reveals or reports likelihood of environmental contamination i.e. spills, releases or existence of any hazardous material(s)/substances in connection with the use/operation of the building or through the storage or dumping of said hazardous material(s)/substances on or upon the subject property, with the exception of hazardous materials/substances located in the building that are construction materials utilized at the time the building was constructed and remediation or removal of such construction materials do not exceed $50,000.00;
  • 121 East Main Street: Purchase Price of $950,000.00, subject to right to Town/CDA right to conduct a Phase I Environmental Inspection and Assessment with right to terminate if  the Phase I reveals or reports likelihood of environmental contamination i.e. spills, releases or existence of any hazardous material(s)/substances in connection with the use/operation of the building or through the storage or dumping of said hazardous material(s)/substances on or upon the subject property, with the exception of hazardous materials/substances located in the building that are construction materials utilized at the time the building was constructed and remediation or removal of such construction materials do not exceed $50,000.
  • 127 East Main Street: Six month Purchase Option for $50,000.00 non-refundable Purchase Price $2,650,000.00, subject to Phase I environmental inspection and assessment with right to terminate if  the Phase I reveals or reports likelihood of environmental contamination i.e. spills, releases or existence of any hazardous material(s)/substances in connection with the use/operation of the building or through the storage or dumping of said hazardous material(s)/substances on or upon subject property; and
  • All properties, 117 East Main Street, 121 East Main Street and 127 East Main Street shall be subject to and conditioned upon appraisal and Town Board determination that the purchase price is satisfactory and in public interest to proceed with sale, approval of bond indebtedness, good and marketable title; and

 

WHEREAS, the Town/Community Development Agency shall seek to utilize the Long Island Regional Economic Development Council grant ($800,000), continue efforts to obtain Old Drinking Water Protection Program 12-D monies (approximately $613,474.00), and pursue all other available grant funding for the administration costs related to purchase of the above properties, payment of purchase price, and demolition of structures and shall require the issuance of bonding in an amount not to exceed $5,500,000,000.00 as and for purchase price and projected demolition costs; and

WHEREAS, by Resolution #CDA 2020-5 of the Community Development Agency and Resolution #2020-297 of the Town Board adopted on  July 7, 2020, the Town Board, as governing body of the Community Development Agency, did authorize the Town Clerk to publish and post a notice of public hearing scheduled for  July 21, 2020 at  2:05 pm with regard to the purchase of properties 117 East Main Street and 121 East Main Street and contract for option agreement and purchase of 127 East Main Street subject to the terms set forth above and approval of the Town Board with funds for the purchase and demolition costs secured by an authorization for bond indebtedness in the amount not to exceed $5,500,000 subject to provisions of Local Finance and permissive referendum;  and 

WHEREAS, the Town Board as governing body of the Community Development Agency and as governing body of the Town of Riverhead did hold a public hearing and provided the opportunity for all interested individuals to be heard on  July 21, 2020; and 

 

NOW, THEREFORE, BE IT RESOLVED that the Town Board authorizes the purchase of properties 117 East Main Street and 121 East Main Street and contract for option agreement and purchase of 127 East Main Street subject to the terms set forth above and permissive referendum requirements; and

RESOLVED, The Town Board, being the State Environmental Quality Review Act (SEQRA) Lead Agency, hereby finds and determines that this constitutes a Type II action pursuant to Section 617 of Title 6 of the NYCRR and within the meaning of Section 8-0109(2) of the Environmental Conservation Law as a promulgation of regulations, rules policies, procedures and legislative decisions in connection with continuing agency administration management and information collection; and be it further  

RESOLVED, the Supervisor is authorized to enter into and execute contracts of sale and other contract and closing documents subject to the terms and conditions related to said purchases set forth above; and be it further

RESOLVED, that the Director of the Community Development Agency is hereby authorized to order appraisals, Phase I Environmental Assessments/Inspections and Engineering Report (127 East Main Street only) and   directs the Accounting Department to set up a budget; and be it further

THE VOTE

RESULT: ADOPTED [UNAMIMOUS]

MOVER: Catherine Kent, Councilwoman

SECONDER: Frank Beyrodt Jr., Councilman

AYES: Aguiar, Giglio, Hubbard, Kent, Beyrodt Jr.