WHEREAS the Town Board of the Town of East Hampton ("Condemnor") has proposed the acquisition by eminent domain of approximately 6,090 sq. ft. of land, situated at Amagansett, Town of East Hampton, County of Suffolk, State of New York ("Subject Premises") for the purposes of completing Urban Renewal Parcel No. 6 in Urban Renewal Map Sheet EH-17, Town of East Hampton, Old Filed Map Study, Map No. 501, Montauk Villa Park, Filed April 5, 1912; and
WHEREAS, the New York State Eminent Domain Procedure Law ("EDPL") sets forth uniform procedures for condemnation of property interests; and
WHEREAS, under the EDPL Sections 201 through 204, a municipality is required to hold a public hearing to review the public use to be served by a proposed acquisition of a property interest and the impact of such an acquisition on the environment and residents of the surrounding locality; and
WHEREAS, Condemnor held a public hearing with respect to the proposed acquisition of Subject Premises on October 6, 2016 in the County of Suffolk, and such hearing was held open for a period of ninety days for written submissions; and
WHEREAS, An Environmental Assessment Form Part 1 and 2 has been prepared on behalf of the Town Board and no significant adverse environmental impacts are found to result from the proposed condemnation, and a negative declaration is hereby adopted by this Board.
NOW, THEREFORE, let it be known that Condemnor, pursuant to EDPL Section 204, hereby determines and finds:
1. The Subject Premises is 6,090 sq. ft. of land, situated at Amagansett, Town of East Hampton, County of Suffolk, State of New York.
2. The public use and benefit of acquiring the Subject Premise is for the purposes of completing Urban Renewal Parcel No. 6 in Urban Renewal Map Sheet EH-17, Town of East Hampton, Old Filed Map Study, Map No. 501, Montauk Villa Park, Filed April 5, 1912, pursuant to the Town of East Hampton Urban Renewal Law, Chapter 232, and incorporated authority therein, Section 232-1-2.
3. Condemnor has assessed the impact of the proposed acquisition on the environment and local residents. It has determined that the acquisition would not have any significant adverse impacts.
Copies of this Determination and Findings are available and will be forwarded without cost, upon written request sent to:
Attn: Joshua Rikon, Esq.
Goldstein, Rikon, Rikon & Houghton, P.C.
381 Park Avenue South, Suite 901
New York, New York 10016
Under section two hundred seven of the Eminent Domain Procedure Law, there are thirty days from the completion of the condemnor's newspaper publication requirement to seek judicial review of the condemnor's determination and findings; and
Under sections two hundred seven and two hundred eight of the Eminent Domain Procedure Law, the exclusive venue for judicial review of the condemnor's determination and findings is the appellate division of the supreme court in the judicial department where any part of the property to be condemned is located.