HomeMy WebLinkAboutLL # 30 1999 ELIZABETH A. NEVII,LF, ,/~'%~1~ Town Hall, 53095 Main Road
LI P:O. Box 1179
~ Southold, New York 11971
TOWN
CLERK
REGISTRAR OF VIT.,kL STATISTICS ~ Fax (516) 765-1823
M.h~RRIAGE OFFICER '
RECORDS gL~x_NAGEMENT OFFICER ~ Telephone (516) 765-1800
FP~EDOM OF INFORiYIATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING LOCAL LAW WAS ADOPTED
BY THE SOUTHOLD TOWN BOARD AT A SPECIAL MEETING HELD ON
OCTOBER 19. 1999:
LOCAL LAW NO. 30 0F THE YEAR 1999.
A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THAT PART
OF TI-I~ PARCEL OF PROPERTY KNOWN AS Suffolk CounB' Tax Map
(SCTM) # 1000-140 004)2.00432 000 WHICH IS CURRENTLY IN
THE (LI) LIGHT INDUSTRIAL ZONING DISTRiCT FROM
THE
(L[) LIGHT INDUSTRIAL ZONING DISTRICT DESIGNATION TO THE
(R-40) RESIDENTIAL LOW DENSITY ZONING DISTRICT DESIGNATION.
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS:
Section 1. Legislative Intent
Consistent with our comprehensive land use 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 land use studies and plans developed heretofore, we hereby
determine that it is necessar~ 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) Preservation of Farmland and Agriculture; (2) Preservation of Open and
Recreallonal Space; (3) Preservation of the Rural, Cultural, Commercial and Historical Character of
the Hamlets and Sarroundlng Areas; (4) Preservation of the Natural Em4mnment; which derive
fr~m the shami vision head by residents and local public officials of thc Town and which are
-' intended to foster a strong economy and which encourage and p~serve the existing high quality of
. life, as more ~ztfically ~et forth herein below:
t. Preservation ~f earmIand and Agr~ture
Farml~m,~ is a valmble and dymm,lc imius~ in the Town of Southold. The open
fxrndands arc not only highly cherished for 'their economic value, but for the scenic vistas th~ provide.
The open space and scene~ czmled by farmland additionally contrfi~utss to the quality of life of the
residents, while promoting tumism and
~. PrcserVaglou ~ Open and~Re~attioual Space
The Town of Southold relic~ heavily upon its scenic beauty and open land.capes for
rea'cation, dCan ~ir and wares, as.well.as for its ailmctian to tourists and rca~tiou-zeeke~. The
Town haz a~aetcd many second homebwne~ becanse of/ts "natmal resources, abandance of
open space, fame, piOure~ue villages, and the ever-presem waterfront" (lv~ster Plan Update,
19g$). Due to. this open ~pace, the T°wn ~ a uemendous development potemi, l. Bleak pictmes
have ~ ~pj~dina fray do~um~ _w~mgofstfip-1!~ .d~v~lopmm~t, subuthan.v,a~vland
3' preservation of t-he Rural, Cultural~ Commercial and Historical Chm'acter of the
Hamlets and Surrounding Areas
The Town of Southold is renowned for its rural, co[taral, commercial and historic
character. This umqu¢ character is recognized in all of the documents reviewed. Based on the input of
Town residents, thc Final Report and R~:ommendations states that the two most prevalent and key ~ssues
arc keeping gro~vth in the ex/sting hamlet centers and presen4ng thc enhancing the sur~oandLng rum1 areas.
Adchdom~ly, the I~mstcr Plan Update recommends the provision for "a comrrmmty of residenti~l haralets
that arc comprised of a'variety of housing opportm'Litins, commorcml~ seawice and cultural activities, set in
ma opon or rural atmosphere and supported by a diversified economic base (inchicling agriculture, marine
commercial mad se~somfi recreation activities)."
4. Preservation of the Natural Environment
Aceommeclating "growth and change within thc Town without dcsLroying its wadifional
economic base, the natural cwAronment of which that base rests~ and thc aniqu¢ character
and the way of [ifc that defines the Towu' is of utmost importance' (Ground Watershed
Prm~ctinn and Water Supply Management St~ateg3'). The Master P[~ Ul:~te
recommends prese~'ation o£ the Town's nattLral cn~ irommant from wetlands to
woodlands and to "achieve a land use pattern [hat is sensitive to the im~itM in~genou:
water supply and will not dcgi'ade the subsurface water quali(),.
The outstanding needs enumerated.below are the culmination of careful comparison of the intent and
objectives of the town (as stated in past land use plans and studies) and the currently existing conditions
along the County Route 48 corridor. These needs reflect the past 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 conflicting development strategies for such areas. These outstanding needs we find
exist Ihroughout the Town and are specifically identified as follows:
1) to provide ['or viable land use development at levels of intensities which an: sensitive to subsurface
water quality and quantity
2) To maintain and sU'angthen hamlet centers as the focus of commercial, residential, and cultm'ul
activity;,
3) To preserve the open, agricuthrral and rural chameter of areas outside of the hamlet centers;
4) to provide for a variety of housing opportunities for citizens of different incomes and age levels;
5) to enhance the opportanities for l~:destrian-fxiandly shopping;
6) to continue to the support of the Town's a~ric~lmr~ economy;
7) toma,tlmi~t~llmTown's.en~ralassets, indudingitscmstaHocationandagrio.lu,mlbasc, by
8) to ~cutheTowu'sumrinc-rea~mfionalandmafine-commacialacfivities;
9) to eacoumg~ the presenration c~ paddami and public access to the wat~fron~
10) to ~lppo1~ tu~-i~ll by m~inlninlr~ and I~holling thc TowR'~ ~oets Ihnf fo~tor a tollrist wade,
namely hamlet center bu~xesses, historic heritage, architeetm~, a sense of place, of rural and open
11) to preserve prime fi~ml~nd: m3d encomag¢ the diversification of agricalmre;
12) to preserve thehistoric, ~ architeetm~l and m~cbaeological resanrces of the Town~
13) to ens~evisual quality ofbamIet center~,
14) to cncou, rage appropriate land uses both inside and out of hamlet centem;
15) to promote balanced economy and tax base~
16) to preserve the integrity of the Town's vnge~tivc habitats, including freshwater wethinds and
woodlands.
Section 2 Enactment
~ 0 _'.~:. ,q~'~O~ ri~''~ hereinbelo,.~
SC~/~ ']~D.~-~.~ tsmoremuya~ ~ '. A~ofSC~
I~ - I~0.~ - 0~. ~ _0~ .~enfly in axe
(~) ~ ~H~ ~t)~v.c~t~ [ ~ ~ning aiwa as a~i~t~ by the ~g ~p of
the Town Ba~ u~n fl~e a[oremenfioncd goals ~d identifi~ n~ds of the.To~ ~d u~n our
~nsideration of ~e r~mm~n~tions ~d ~ents of our Piing Boa~ ~e S~o~ Cowry Piing
Commission. our pla~ing consultant (CCG) ~d ~e public comment ~en at &e public h~g ~d
/~_/~, ~ ~ ~. ~_ 0 ~- as xs subject to tlxc
~) L,~ ~T ~O~O~T~' ~ ~ zo~ng di~ct desi~tion mom me
~ ~.~ ~ zo~g ~ct d~i~afion to &e
~.. gCCFM # 1000-140.00-02.00-( ;.bO0 , '
JOHN DiVETLLO and FRANCES C. DiVELLO, his wife, both residing at No # Westphalia Road,
Mallituck, N&w York 11952,
ALL that certain plot, piece or parcel of land, situate, lying and being Man/tuck, m
the Town of Southold, County of Suffolk, Sh~te of New York, more particularly
bounded and described as follox~:
BEGINNING at a POint in the Southerly line of land of Long Island Raikoad Company, distant
Easterly as measured along said Southerly line 157 feet, fi-om the Easterly line of ~,Vickham Avenue and
which point of beginning is the Northeasterly crime/- of land now or formerly of Vahlsing;
RUNNING THENCe:. ~ong ~l~e Soudmrlv line of sa/d land of thc Long [sim'id Rrdlroad
lirzc ol .Ma~' ~ Road;
THENCE along the Westerly ILae of said Mars,'s Road South 15 degrees 36 minutes 50 seconds East,
132.58 feet to a monumem and the Northerly line of a certain
highway 33 feet wide, which cormects Mars,'s Road ~Sth X~rickham Avenue, known as Hill S[reer;
THENCE along the Northerly line of the highway last menuoned South 47 degrees 08 minutes ~0 seconds
.~rest, 399.05 feet to a monument;
THENCE s611 along [he Northerly line of said highway South ~ degrees 52 minutes 30 seconds ~rest,
119.66 feet to a monument set in the Southeasterly comer of said land now or formerly of Vahlsing;
THENCE along the Easterly line of land last mentioned North ~3 degrees 39 minutes 40 seconds
X~est, 111.2~ feet to the point of BEGINNING.
BEING and intended to be the same premises conveyed to the Pardes of the First
Part by Deed dated July 19, 1976 and recorded in the Suffolk County Clerk's
Office on August 17, 1976 in Liber 8088, Page 15~.
Soction 3.
The zoning map as adopted by section 100-2 ! of the Town Code o f tl~e Towa of Southold is
hereby amended to reflect the within change of zoning district designation for said parcel.
Section 4.
THIS LOCAL LAW SHALL TAKE EFFECT IMMEDIATELY UPON FILING WITH TI-IE
SECKETARY OF STATE.
ELIZABETH A. NEVILLE
$OUTHOLD TOWl~l CLERK
OCTOBER 19. 1999
Local --t.mo
(Use this form to file a lo. al law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
leK3< or .............................. _S_ _o..u. _t_b.o_ ! _d_ ..............................................
"l~own
LOCAL LAW NO. 30 OF THE YEAR 1999.
A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THAT PART
OF THE PARCEL OF PROPERTY KNOWN AS Suffolk Count3, Tax Map
(SCTM) # 1000-140.00-02.00-032.000 WHICH IS CUKRENTLY IN
THE (LI) LIGHT INDUSTRIAL ZONING DISTRICT FROM
THE
(LI) LIGI-iT INDUSTRIAL ZONING DISTRICT DESIGNATION TO TI-~
(R-40) RESIDENTIAL LOW DENSITY ZONING DISTRICT DESIGNATION.
BE IT ENACTED BY THE TOWN BOARI) OF TIlE TOWN OF SOUTHOLD AS FOLLOWS:
Please see attached.
additional spuce is needed, atXnch pages the same size ns this sheet, and number each.)
LOCAl. LAW NO. 30 OF THE YEAR 1999
A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THAT PART
OF THE PARCEL OF PROPERTY KNOWN AS SuE-elk Count5_' Tax Map
(SCTM) # 1000-140.00-02.00-032.000 WHICHIS CURRENTLY IN
THE (LI) LIGHT INDUSTRIAL ZONING DISTRICT FROM
THE
(LI) LIGHT INDUSTRIAL ZONING DISTRICT DESIGNATION TO THE
(R-40) RESIDENTIAL LOW DENSITY ZONING DISTRICT DESIGNATION.
BE IT ENACTED BY THE TOWN BOARD OF 'IItE TOWN OF SOUTHOLD AS FOLLOWS:
Section I. Legislafix,e Intent
Consistent with our comprehensive land use 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 land use studies and plans developed heretofore, we hereby
determine that it is necessary and desirable to res~ise and mend 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) Preservation of Farmland and Agriculture; (2) Preservation of Open and
Recreational Space; (3) Pre~ervatlon of the Rural, Cultural, Commercial and Historical Character of
the Bamlets and Surrounding Areas; (4) Preservation of the Natural En,Sronment; which derive
from the shared vision held by residents and local public officials of the Town and which are
intended to foster a strong economy and which encourage and preserve the existing high quality of
Rfc, as more specifically set forth herein below:
1. Preservation of Farmland and Agriculture
Famfland is a valuable and d3mami¢ industxy in the Town of 8outhold. The open
farmlands are no~ only highly cherished for their economic value, but for the scenic vistas they provide.
The open space and scene[y created by farl~land additionally conWibutes to lhe quality of life of the
residents, while promoting tourism and recreation_
2. Preservation of Open and Recreational Space
The Town of Southold relies heavily upon its scenic beauty and open landscapes for
recreation, clean air and water, as. wall as for its attraction to tourists and recreation-seekers. The
Town has af~mcted many second homeowners because of its "natural resources, abundance of
open space, farms, picturesque villages, and the ever-present waterfront" (Master Plan Update,
1985). Duc to this open space, the Town has a tremendous development potential. Bleak pictures
have been painted in a f~v dOCUmm~ts, warning of snip-type development, suburban. ~tJ~a~l and
water mpply issues. The preservation of open and recrealional space is not only aesthete, but also
a necessity for the present and future needs of tho Town.
c/oD
~;~ LEGAL NOTICE ~"
' 'HIE 'row~ 4)~ SOi rllaOI I) ItY ' STATE OF ~W YO~)
/-~CHANG~G ~E ZONING DIS-' ~ )S~:
~TRI~ OF SCTM ~ PlO 10~-
;}~1~.~-02.~:m2.~ FROM 'thc CO~ OF S~FOLK)
~ kiWI lndffi~rial {LI) District to the. kI~ ¢ ~ ( {~ 5 of Matntuck. m smd
~('R-~ 'Rbsidemial Low-Demity
,~IR~) District. '/ : : co--W, berg d~y sworn, says ~at he/she is
wee~y at MattOck.
. ~e To~ of Sou~old. Co~
7Town of Southold ~'~H ~'PUB-'" State of New York. ~d ~at ~e No~ce of w~
~¢[m m~ma ~, t~ ~to~u I ~e ~ed is a p~ted copy. ~ been re~-
~iLOCAL LAW at the:SOU~OLD l~ly pub~shed ~ s~d Newspaper once each
~'~; ~ning Dis~ 0f tha~ p~ ~f the
':.'~Bo,.d'~ O~m M.*:ia.: . horn Light Swor~ to b~for~ me
~. 1'~ Local Law Is ennrled, 7A ~
~._ LOC~ LAW TO ~NGE ~
~J )IGNATIO~ OF~TXpART OF
~} T~ PAR~ OF ~ROPER~
'Al ~1 I)OISTRI(q' r)ESIGNA i
J~.IIOARI) ()F THh T()XVN~ 'OF.I
. ' sOtrl'llOM). SOU'll RS1 I)
............... ;L:t 7- , -
· .. _ (, F,i,,.,~'s THIS INDEN~RE, ~. % the 7 flay of ~(.c~ :~_'~¢ , n ne ee 4
~, JO~ Di%~,~ ~d FR~B C. Oila.2, his wife, k~ resi~ng at
- No. ~ Westphalia ~d, ~ttitu~, .;~ York 11952
party of the first part, and
JO~N D.LV[7~ and P~'~4~ C. DiV~A i, his wife, bo~ residing at
No % Westphalia ~ad, },~ttiku~, ~ie,d York 11952, ~ ten,ts by
~%e enti~, ~ to a 90% interest ~d~_~l~,~td~,
a N~ York ~rati~ wi~ princL?al offi~ at 800 Wick~
D~ttituck, New Yo~, ~ to a 10% L terest,
part)' of the see,Jlld
WiTNESSEYH, that the party of the first part, in consideratia~ :,f ten dollars and other ~aluable consideration
paid by the party of the second pan, does hereby grant and rel~: se unto the party of the second part,.the heirs
or successors and assigns of the partyofthe second part fore. mr. ~::'
ALL that certain plot, p~ece or parcel of land, w2~xB~24zx~t~a~a~X~ situate,
lying and being ~ a~ 5~kki~uck~ ~ ~ W~ o~ ~,9'~hold~ ~ky o~ Su~o~
of N,~,q York, ~ore pa~ic~arly ~-~ded ~d ~.:::~k,~d ~ follo,,s:
Bi, GiN%liNG at a p~t ~n ~e Soa~ecly line of - :nd of I~ng Isled ~ircad ~y,
fils~ ,m~t E,~Lerly ~ Fe~ed along said Sou~:a ly line 157 feet, from ~e E~terly
].~.~%e of Wi~h~ Ar~nue '~d whi~-h poiDt of ~ ,lng is the Not,easterly ~mer
of ~ ~ud n~v or fo~rly of V~ls~g;
Cn~p~y ~,bz¢h 46 de~es 20 minutes 20 seconds E~%, 583.05 feet ko ~e Westerly
/[ ~ line of ~.'~'s Road;
" '~N~ ~ong ~e Westerly line of s~d l,~'s ~d Sou~ 14 degrees 36 ~nutes '
:k~:.~ -~ . ~ 50 secon~ E~L, 132.58 f~t to a mn~nt ~d ~e No~erly line of a
-~.~ highway 33 fee~ wide, %~ich ~e~ ~'s ~.at wi~ Wi~ A~nue,
Hill Strut;
~g~ along ~e Noz~herly l~e of ~e hi~w~- l~t r~oned Sou~ 47 d~e~ 08
i~dnutes 40 se~n~
.._st, 399.05 feet to a ~n'~ant;
IST~ ~_~N~ still along ~e No~erly line of s~d r;i~way Sou~ 45 degrees 52 ~nutes
300 30 se~n~ West, 119.66 f~t ~ a mn~t set ~ ~e Sou~e~terly ~mer of
s~d l~d n~v or fo~r!y of V~ls~g;
~ION qSP?~ ~ong ~e E~terly line of l~d ].~t ~.tioned No~ 43 degas 39 ~nutes
40 o~ 40 se~n~ West, 111.24 f~t %o ~e pint of
~M.ng ~d inten~d ~ ~ ~e s~ p~ses ~:"-ay~ ~ ~e Pa~ies of the Fi~t
F~ by ~ed ~ted J~y 19, 1976 ~d ~r~ -n ~e S~fo~ ~ty Clerk's
Offi~ on Aunt 17, 1976 ~ ~r 8088, Page -54.
2~ ~ : ~B~ SfCT!ON 8LOCK LOT
TOGETHER ~ith all right, title and interest, if any, of the la. ':y of the first part in and to any str(,'~s and
roads abuttiogthe above descril~dpremises to the center lines '~r~-of; TOGETHER v, hh th~ appurtenances
and all the estate and rights of the part)' of the first part i~ .-,d lo said prcmises; 20 HAVE AND TO
HOLD thc premises~rem- ' granted unto the part)' of th~- sec:- 5 part, the heirs or successors and assigns of
AND the party of the first part covenants d'.at the part)' of'-t first part has not done or suffered anything
v.,'c,c:'eby the said premises have been encumbered ~n any ~a}' '., a:ever, except as aforesaid.
AND ~he party of the first part, in compliance whh S~cdc, n 1J t,f the Lien I~w, covenams that thc part)'of
the first part will receive the consideration for this conveyanc~ :.n4 will hold the right to r~.,-eive such consid
- cr,uicn as atrust fund to.applied first for the purpose of pa .-g the cost of the improv~-ment and will apply
thc same first to the payment of the rom of the iraprovemcnt ~ .re using any part of the total of the same for
~:;;5' other purpose.
'Eke word "party" shall be co.strued as if it read 'p~r' ecs' ' ;, - vvcr the sense of this in,]~nh:ie, sO reqtfires.
IN WITNESS WHEREOF, thc party of the first ~art 'ms du. ~zccuted this deed eke day nod )ear first a~ve
& written. - ..... z~ .... ~-__ ['--'~'~ D
RECEIVED
/
t,'0V 9 1333 - -J~e4 bi;..,~;,Trb ...... : ....
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"" ... C,~:.:.iy - .... - '. .- ¢ ~_~