HomeMy WebLinkAboutLL # 18 1999 ELIZABETH A. NEVILLE ,~ Town Hall, 53095 Main Road
TOWN CLERK I P.O. Box 1179
Southold, New York 11971
REGISTRAR OF ~IT.a_L STATISTICS Fax (516) 765-1823
M.~RIAGE OFFICER
RECORDS ~La~,IAGEMENT OFFICER Telephone (516) 765-1800
FREEDOM OF INFORI~La. TION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING LOCAL LAW WAS ADOPTED
I~'- ~ THE $OUTHOLD TOWN BOARD AT A SPECIAL MEE:TING H[LD Oed
OCTOBER 19~ 1999:
LOCAL LAW NO. 18 OF THE YEAR 1999.
A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THAT PART
OF IHE PARCEL OF PROPERTY KNOWN AS Suffolk Count3' Tax Map
(SCTM) # 1000-12l 00-05.00-004.001 WHICH IS CURRENTLY iN
THE (LBI LIMITED BUS[NESS ZONING DISTRICT FROM
(LB) LIMITED BUS[NESS ZONING DISTR/CT DESIGNATION TO THE
(R-8(B RESIDENTIAL LOW DENSITY ZONING DISTRICT DESIGNATION.
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS:
Section I. Legislauve Intent
Consistent with our comprehensive land usc plan and our established objectives and goals as
reflected by the existing zoning patterns within the Town, and based upon our current County Route
48 Laud use study as well as numerous laud use studies and plans developed heretofore, we hereby
determine that it is necessary and desirable to revise and amend the zoning designation applicable to
the parcel identified herein as well as other lands; thus, we hereby identify and adopt the following
overall themes of (1) Pre~ervatian of Farmland and Agriculture; (2) Preservation of Open and
Recreational Space; O) Preservation of the Rural, Cultural, Commercial and ltistorical Character of
the Hamlets and Surrounding Areas; (4) preservation of the Natural Environment; which derive
from the shared vision held hy residents and local public officials of the Town and which are
intended to foster a strong economy and which encourage and preserve the eaisting high quality of
life, as more qmcifieally ~et forth herein below:
1. Preservation of Farmland and Agriculture
Farmland is a valuable and dymmic industry in the Town of Southold. The open
farmlands are not only highly cherished for their economic value, but for the scenic vis'Las they provide.
The open space and scenery created by farmland additionally contributes to the qualilb' of life of the
residents, while promoting tourism and recreation_
2. Prese.~-/atien of Open sod Rccreati0nal Space ~,-
Thc Town of Southold r~lics heavily upon its scenic buau, ty and open landscapes for
recreation, cleiin air and water, as. well as for its atWactien to tourists and rcc:roafion-zccke~. The
Town has atWact~l many second homcowne~b~ause Of its :'normal resources, ab~,ndznce of
open space, farms, piOuresqu¢ villagc~, add thc ever-pre~ent waterfront" (IVmstcr Plan Update,
1985). Due ~ this .open space, thc Town bas a IrcmcndOUS development potential Bleak pictures
have ~ [!aiilted m a few documents, warning of strip-type d~opment, suburban sprawl and
3. Preservation of the Rural, Cultural, Commercial and i:l'istorical Character of the
Hamlets and Surrounding Areas
The Town of Southold is renowned for its rural, cultm~l, commercial and historic
character. This unique ebro'actor is recnginzed m all of the docomcnt~ r~%vaxi. Based on thc input of
Town residents, the Final Report and Recommendations states that the two most prevalent and key issues
are keaping growth in the exiS~ hamlet centers and preserving thc enl~mcing the surrounding rural areas.
Additionally, the Master Plan Updato recommends the provision for "a community of t~sidential hamlct~
that arc comprised of a variety of henaln~ opportanitic~, commercial, service and ctdtm~ activities, set in
an open or raral atmosphere and supported by a diversified economic base (including al~icolture, marine
eommercia! and seasonal recreation actvvifies).'
4. Preservation of the Natural Enviconment
Accommodating ~growth and change within thc Town without de.~-oying i~s traditional
economic base, thc natural environment of winch that base rests, and the unique character
and thc way of life tho! defines thc Town" ~s of u~most imporuance' (Ground Watershed
Protection and Water Supply Management S~ate~'). The Master Plum Ulxiat¢
woodlands and to :'achJcvc a lar~d usc pattern fllat ts sensiti',,.¢ to ti-~e ]imbed inc[igenou~
water supply and will not degrade the subsurface water quality.
The outstanding needs enumemtod below are the culmination of careful comparison of the intent and
objectives of the tox~m (as stated in past land use plans and studies) and the currently exist/rig conditions
along the County Route 48 comdor. These needs reflect the pasl and present vision of the Town and the
work that still needs to be done due to the proximity of County Route 48 to the hamlet commercial centers
and to avoid potentially conllicting development strategies for such areas. These outstanding needs we find
exist thJ-oughout the Town and are specifically identified as follows:
1) to provide for viable land use development at levels of intensities which are sensitive to subsurf~ec
water quality and quantity
2) To maintakn and strengthen hamlet centers as the focus of commercial, residential, and cultural
activity;
3) To preserve the opon, agricultuml and mml character of areas outside of the hamlet centem;
4) to pr~vid~f6ravari~ty~fh~using~pportunitiesf~rcitizens~fdi~erentincomesandage~ev~~s;
5) to enhance the opportu_rd~e~ for pedestrian-friendly shopping;
6) to continue to thc support of thc Town's ngricultm'al economy;
7) to ma~mi~ tl~ Town's natural assets, including its {:oastal location and ngr/cultoral base, by
8) to st~thcTown~smafinc-x~m~mienalandmarinc.commcrdalactivifics;
9) to encoumgethepl~set'valionofpafldandandpublicaceesstothewat~ar, od~4
I0) to supDOt't tOtffi~ by m~nlniniqg alld strengthening the Town's assets that fo6ter a tourist trade,
namely hamhit center businesses, historic hcritsgc, architecture, a sense of place, of rural and Olin
cimlactor, a~icultul~, and marine activities;
11 ) to preserve prime fllrmland; and encetuag¢ the divc~i.fication of agricolturc;
12) to prcse~e thc historic, cultural, architoctural and archaenlngiual r~enrces of the Town;
13) to ensure visual quality ofhantlet centers;
14) to enent?age appropriate land uses both inside and out of hamlet centers;
15) to promoto balan~ economy and tax base:
16) to preserve the integrity of the Town's ve§otmive hah!lots, including freshwater wetlands and
woodtands.
Se~Qon 2. Enactment
SCTM #1drryO . I igl, l. tg-~ - t~ rlo - 'sm6refullydescribedhereinbelow. ApartofSOTM#
/,r¢..~ -/,..,n/. o'¢,- OK. 0"0 - oz:~ht~/i~ c,~¢n%, in
(1'~ ) /_ i*_t.~. .'F-~'. ~ '~o_<,'~ ~_q g zoningdistdctasdesignatedby theZoningMapof
tile Town. Based upon [he aforemenfinned goals and identified needs of the Town and upon our
consideration of the recommendations and comments of our Planning Board, the Suffolk CormB, Planmng
Commission, our planning consultant (CCG) and the public comment taken at the public hearing and
,3thc:,, ~>z ~.2' hero/',) cli,mgc thc ,,onin~ ,district dcstg~t:mor, ,3t' ri,ii [-,;,n 7,1 Ill,' i',ar,:c[ idcntifio3 h) SCTP.'[ =
/OWO - / oQ/. 025 - 0 %. OD - ~ ~'' as ts snbj,~c[ to thc
(L '~) ~-.[',-'t~r' r'~)'~ "~,'-ql',O~q % zoningdismctdesignation fromthe
.[..; r'~ ; ~ ~ id% [t~O~'.~?~c. zoning district designation to the
SCTM # 1000-121.00-05 00-004.001
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon
erected, situate, lying and being in the at Mattituck, Town of Southold, County of SuffOlk and
State of New York being bounded and described as follows:
BEGINNING at a point on the southerly side of Middle Road - C.R 27 where the same is
intersected by the easterly side of land now or formerly of Gabriel Kousourous; mnrdng thence
along the southerly side of Middle Road - C.R 27 and along the southerly side of Sound Avenue
the following courses and distances:
(I, South 89 degrees 13 minutes 4,3 seconds East 39 q0 feet;
~ " ' "' ' '- !28
'.,.rich bears Sc, u~h 85 de~ees =~, ~ ,ute~ -~,_ ~c~ ~d~ East fee~ a distance along said
curve of 12810 feet;
(3) South 72 degrees 46 minutes 00 seconds East 352.10 feet;
(4) South 68 degrees 40 minutes 30 seconds East 625.40 feet;
(5) South 73 degrees 47 minutes 50 seconds East 187.60 feet;
(6) South 80 degrees 28 minutes 20 seconds East 149.51 feet;
(7) South 86 degrees 54 minutes 00 seconds East 162.39 feet to land now or formerly of
Sepko;
Running thence along said land South 16 degrees 20 minutes 30 seconds East 191.23 feet;
Running thence along said land and lands'now or formerly of Overhok, Vincent, Laudenbach and
Mazzaferro South 86 degrees 54 minutes 00 seconds East 432.84 feet and North 87 degrees 33
minutes East 75 feet to land now or formerly of Wolgo;
SEE RIDER ANNEXED
RIDER ANNEXED TO DEED DATED DECEMBER 28, 1982 MADE BY MARY SEPKO
aJk/a MARY E. PYLKO, as G-rantor to MICHAEL ADAMOWICZ, MARY ADAMOWICZ,
MICHAEL ADAMOWICZ, 111 and ELIZABETH MARY FP&SER, as Grantors
Running thence along said land South 22 degrees 28 minutes I0 secon&East 1307.93 feet to land
now or formerly of Charles Prince;
Runaing thence along said land the following courses and distances:
(1) South 57 degrees 37 minutes 50 seconds West 179.34 feet;
(2) South 55 degrees 13 minutes 50 seconds West 141.70 feet;
(3) South 55 degrees 43 minutes 50 s~onds We~t 130.00 f~t;
(4) North 80 degrees 32 minutes.30 e~ond~ W~st.4og.$4 feet;
(5) South 8g d~greos 31 miiiuffis~ lO~s~-W~ 13:2.00 fe~t;
c
(6) North 88 degrees 28 minutes 50 seconds West 276.40 feet;
(7) North 88 degrees 11 minutes 2Oseconds West 200.66 feet;
(8) North 89 degrees 57 minutes 00 seconds West 169.29 feet;
(9) North 2! degrees 53 minutes 00 seconds West 249.70 feet;
(10) North 19 degrees 44 minutes 10 seconds West 335.64 feet;
(11) South 42 degrees 27 minutes 50 seconds West 124 00 feet;
(12) South 59 degrees 36 minutes 50 seconds West 217.00 feet to land now or formerly of H.K
Reeve and Sobs, Inc.;
Running thence along said land and along said land of Gabriel Kousourous North 19 degrees 52
minutes 20 seconds West 1772.43 feet to the southerly side of Middle Road - C.R. 27 at the
point or place of BEGINNING.
BElX. G A~D INTL?xDED t,:, be the same t:,re~-,~ises zon,e,.,'ed ~,~ riae ~:~,:~'.,' ,:f ;~e fi~ pa~ b', dee,J
of Pa~l J. Bxisle,,, Ret'e~e dated Febru~r-. -i, i~5, a~ad ~ccordcd ,~ Lt'te S~:i't'~ [k ('c,,:tt) ('lc~: ~
Office on March 1, 1976 in Liber 7995 cp 330.
EXCEPTING THEREFROM the following.
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon
erected, situate, lying and being at Mattituck, Town of Southold, Count5, of Suffolk and State of
New York, bounded and described as follows:
BEGINNING ar a concrete monument on the southerly line of Sound Avenue at the northwest
comer of the land of Rose Sepko and running thence from said point ofbegilming South 16
degrees 20 minutes 30 seconds East along the land of Rose Sepko 191.23 feet to a concrete
monument at the southwest comer of the land of Rose Sepko;
Thence westerly and northerly through the land of the party of the first part the following courses
and distances:
(l) North 86 degrees 54 minutes 00 seconds West 25.00 feet to a concrete monument;
(2) North 16 degrees 20 minutes 30 seconds West 191.23 feet to a concrete monument in the
southerly line of Sound Avenue;
Thence South 86 degrees 54 minutes 00 seconds East along the southerly line of Sound Avenue
25.00 feet to the point or place of beginning.
BEING AND INTENDED to be the same premises conveyed to the Rose Sepko by deed of Mapl
Pylko dated August 26~ 1981 and recorded at the Suffolk County Clerk's Office on September 23~
1981 in Liber 9074 cp 193.
Section 3.
The zoning map as adopted by section 100-21 of the Town Cede of thc Town of Southold is
hereby amended to reflect the within change of zoning disLfict designation for said parcel.
Section 4.
THIS LOCAL LAW SHALL TAKE EFFECT IMMEDIATELY UPON FILIN'G WITH THE
SECRETARY OF STATE
ELIZABETH A'. NEVILLE
SOUTHOLD TOWN CLERK
OCTOBER 19. 1999
Local Law FiIiff oF
41 STA~ S~E~, ~B~y, NY 12~1
~se this fora to file a io~l law wl~ the ~cremry of S~te.)
Text of law should be given as amended. Do not include matter ~ing elimi~ted and do not ~e
itali~ or underlining to indimte new matter.
~ or .............................. ~mu!b~!~ ..............................................
~x
LOC~ LAW NO. lg OF ~ ~.~ 1999.
A LOC~ LAW TO C~GE
OF ~ P~CEL OF PROPER~ ~O~ AS St~o~ Co~B~ Tax Map
(SCTNfi g 1000-121.00-05.00-004.001 g~CH IS C~Y
~ ~B) L~H~D BUS. SS ZO~G DIS~CT ~OM
~B) L~IED BUS. SS ZO~G DIS~CT DESIGNATION TO
~-80) ~S~E~ LOW DENSI~~ ZON~G DIS~CT DESIGNA~ON.
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS:
Please see attached.
(If additional space Is needed, attach pages the same size az rids sheet~ and number each.)
ELIZABETH A. NrEVILLE Town Hadl, 53095 Main Road
TOVv~N CLERK P.O. Box 1179
REGISTI~Ai~ OF ¥~ITAI~ STATISTICS Southold, New York 11971
RLkRRIAGE OPFICER Fax (516) 765-6145
765-
1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THiS IS TO C£RTIFY THAT TH[ ~ FOLLOWIRG R£SOLUTION WAS
ADOPTFD AT A RISGHLAR M£ETING OF TH£ SOOTHOLD TOWN BOARD
HELD ON SFPT£MBFR 28. 1999:
WHEREAS the Town Board of the Town of Southold is considering a change in the
zoning designation from (LB) Light Business District to (RS0) Residential Low-Density
of certain parcels of land lying in the Town of Southold identified by SCTM# 1000-
113.00-12.00-11.000; SCTIvI~ 1000-113.00-12.00-12.000; SCTM~ I000-113.00-12.00-
13.000; SCTM# 1000-113.00-12.00-10.000; SCTM# 1000-121_00-006.00-01.000; and
certain parts of parcels identified by SCTM# 1000-113.00-12.00-14.000; SCTM~ 1000-
121.00-05.00-047001; be it further
RESOLVED by the Town Board of the Town of Southold that for the above actions there
is no other involved agency pursuant to SEQRA Rules and Regulations set forth in 6
NYCRR 617.1 et. seq. and Chapter 44 of the Southold Town Code; be it further
RESOLVED by the Town Board of the Town of Southold that for the above actions the
Town Board is the Lead Agency pursuant to SEQRA Rules and Regulations set forth in 6
NYCRR 617.1 et. seq. and Chapter 44 of the Southold Town Code; be it further
RESOLVED.by the Town Board of the Town of Southold that these actions each are an
Unlisted Action pursuant to SEQRA Rules and Regulations set forth in 6 NYCRR 617. I
et. seq. and Chapter 44 of the Southold Town Code.
~A.' Neville
Southold Town Clerk
September 28. 1999
., '~ NOTfCE OF PUBL,[C .FIEAR-
~-~O ON ALOCAL L~,W TO ~
AMENDTH~ ZONING M~P OF
~ ~omo ~ zou~ ms- STAT~ OF ~W YO~)
~TRI~ OF S~M ~ P~O W0~ )SS:
~;~2L0~0~.00-~,001 FROM the
~ PUBLIC NOU~ ~ ~a~' CO--W, berg d~y s~rn. says ~at he/she is
--.,;.z~s o~ me ~o~u L~ a.a r~q~,~ ~cip~ clerk 'of T~ S~FOLK T~S, a
. .~.~ o~ ~ c~ o~ ~ ro~. o[ wee~y newspaper pub~shed at ~t~tuck, ~
~ 5oh~old. Suffolk Cowry, ~'ew
.. Yo~ ~hat ~ Iowa 8oard.o[ ~ ~e Tom of Sou~old, C0~ of S~O~ ~d
~hc ~md .. ,b~ ~o.~d State of New York, ~d ~at ~e NoOce of w~ch
~ ~oc~ t~ ~ ~ s~mo~v ~e ~ed is a p~ted copy, ha~ be~ re~-
{nT~N ~LL, 5~5 ~n Road.
~.somo~d. ~ ~,~ ,~9:00~m. ~ly pub~shed m s~d Newspap~ once each
~ Mon~7. DetoUr 4. 199~ the ~bUc week for ~' weeks s~cceSsively,
Sworn to before me ~s ~7 ~
O~o~rb~!~rope~ ~ARY DiAnA FOSTER
,m~n~ is ]~d o~ ~somh HOThRY P~BBC, ~T~ QF ~Bg YORR
N0. 524655242, SUFFOLK COUH~
CO~I~SSi0~ ~PIRES AUGUST 31,
. ~. AMe of Route ~ ~e p~ny con-
["ZONING DISTRICT DES-
~; IGNAnO~ OF ~T P~T Or '-
~:~ PA~L OF PROPERS. - '~
~O BUS.ESS ZON~G DI~
.~BUS~SS LLB) OlSrm~ DES-
{~:~ Cop~es ~ this L~l.'Lhw ~e'
~-av~able u Ibc Office of thc Town
~:;~erk to any ~t~ted ~tdur-
~ ,~g r~l= b~ess bouts.
~'/ AD~ ~ desi~g lO be b~d
~D t~ propo~ am~ should
~at ~e fimeand place ~ve ~ sp~-
::Southoid To~ ~¢r~ei~er prior to
~ ~e public ~ ~ ab[be pu~c
~.LBOARD OF ~ TOWN OF
~L~OLD, SOU~OLD, NEW
' DaL=d: 9/1~99
L ' .- ELIZ,~E~H A: NE~LE