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HomeMy WebLinkAboutLL # 31 1999 ELIZABETH A. NEVII,I,~ ~ Town Hall, 53095 Main Road TOWN CLERK ~ P.O. Box 1179 ~ Soathold, New York 11971 REGISTRAR O~ VIT?J. STATI~qICS Fax (.516) 765-1823 MARRL~GE OFFICER , RECORDS MANAGEMENT OFFICER Telephone (51t3) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF TI-IE 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. 31 OFTHE YEAR 1999. A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THE PARCEL OF PROPERTY KNOWN AS Suffolk CounV,., Tax Map (SCTM) # 1000-140.U0-01 004310.000 FROM THE (B) GENEILAL BUSINESS ZONING DISTR/CT DESIGNATION TO THE (RO) KESIDENTIAL OFFICE ZONING DISTRICT DESIGNATION. BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS: Seclion 1. Legislative Intent Consistent with our comprehensive land rise 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 Land use study as well as numerous land 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 wall as other lands; thus, we hereby identify and adopt the following overall themes of (I) Preservation of Famland and Agriculture; (2) Preservation of Open and Recreational Space; (3) Preservation of the Rural Cultural, Commercial and Historical Character of the Hamlets and Surrounding Areas; (4) Preservation of the Natural Environment; 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 life, as more specifically set forth herein below: I. Preservation of Farmland and Agriculture Farmland is a valuable and dynamio inth,~'7 in the Town of Soulhold. The open farmlands are not only I~ghly cherished f. or their economic v~u~, but for the scenic vistas they p~de- 2. P~servatlon effOpen, m~d Recreational Space Thc Town of $outhold relies heavily upon its scenic l~anty and open landscapes for n~crcation, clean air and ~-ater, as well as for its atUacfion to tourists and re~ou-~. Thc Town has.allmcted many second homcowness because of its ~namml resources, abtmdancc of open space, farms, picturesqan villages, and the ever-present w"aterf~ont~ (Mastc~ Plan Update, 1985). Due to this open space, the Town has a tremendous development pntcnlial. Bleak pictures have been paimed in a few documents, warning of strip-type development, suburban sprawl and water supply issues. The preservafian of open and recreational space is not only aesthetic, but also a necessity for'the present and future needs of the Town. 3. Pre~er?ation of the Rural, Cultural, Commercial and Historical Character of the arc keeping grc~h intha cxistiug lmmlot centers and presen,ing the cnlmncing thc surrounding rural areas. Additionally, the Master Plan Update recommends the provision for "a community of residential hamlets that.,are comprised of a variety of housing opportunities, commercial service and cultural activities, set in an open or rural atmosphere and supported by a diversified economic base (including agriculture, manne commercial and seasonal recreation acfix4ties)." 4. Preservation of the Natural' Environment Accommodating "growth and change within the Town ~4thout destToying its waditinnal economic hase~ the natural environment of which that base rests, and the unique character and the way of life that defines the Town" is of utmost importance" (Ground Watershed Protection and Water Supply Management Strategy). The Master Plan Update reconunends preservation of the Town's natural envLronment from weft;rods to wocxilands and to "achieve a land use pattern chat is sensitive to the limited indigenous water supply and will not degrade the subsurface water quality. 'Fhc outstanding n~cc~s enumerated bclox~ are thc culnunation of careful comparison of the inlent and objectives of the Io;,,n (as state~ m past land use plans and studies) and the currend_v existing conditions along the County Route 48 comdon These needs reflect the past and presem v~sion of the Town and the work that still needs to be done due to the proximity of County Route 48 to the hamlet co~nmercial centers and to avoid potentially conflicting development sirategies for such arms. These outstanding needs we find exist throughout the Town and are specifically identified as follows: 1) to provide for viable land use development at levels of intensities which are sensinve to subsurface water quality and quantity 2) To maimain and strengthen hamlet centers as the focus of commercial residential, and cultural activi .ty: 31 To preserve rite open. agricultural and rural character of areas outside of the Immlet centers; 4) to provide for a variety of homing opportmLities for citizens of different incomes and age levels: 5) to enhance the opportunities for pedes'ffian-friendly shopping; 6) to contmue to the suppoa of the Town's agricultural economy; 7) to ma.,dmize the Town's natural assets, including i~s <:oas'ml location and agricultural base. by balancing commercial, reszdential and recreational uses; 8) to strengthen the Town's marine-recreational and me-commercial activities; 9) to encourage the preservation of parkland and public access to the waterfront; 10) to suppod, tom, sm by malntai,fing and slzcngthcning thc Town's assets that foster a tourist trade, name/y, hamlet oentm'b,,ines~, historic hcffiagc, ardaitceturc, a sense of plato, of rural and open 11) to pres~'vc la'imc fam,l:,,,~: and ~:~oumgc thc diversion of agriculture; 12) to la,~crvethghistot~ltm~~andan:im~ologicalmsourcesofthoTown; 13) to cnmlrcvi~'ua.lqualilyoflmmlet c~llter$; 14) to encourage appt,l~iate land uses both inside and om of hanllet centem; 15) to promotcbalancod economy and tax basc; 16) to preserve the integrity of tho Town's vegd. ative habilats, including freshwater wetlands and woodlands. Sec/ion 2. Enactment Therefore, based upon the aforementioned goaIs and identified needs of the Town and upon our consideration of the recommendations and comments of our Planning Board, the Suffolk Count3, Planning Commission. our planning consultant (CCG) and the public comment taken at the public heating and otherwise, we hereby change fire zoning district dcsignalion for the parcel known as SCTM# f~"ro - ./{/-~. d-t5 - E)/. tg'D - O/t9. t:~xD (and as more full_,,, described herein belowl from the SCTM # 1000-140 00-01 ALI, that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Mattttuck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point marked by a monument, set in the southwesterly side of Maiden Lane, said point being distant 62 4 feet westerly from the northerly side of Middle Road; THENCE from said point of beginning along lands now.or formerly of Marangas and Brown, South 44 degrees 44 minutes 50 seconds West 174 71 feet to a monument; THENCE North 47 degrees 35 minutes 20 seconds West 80.00 feet to a monument and lands now or formerly of Sx~ assort; ] HENCE along >aid Im~d~ Nenh 44 degrees 44 minutes J,) se,:,,:rt,Js Ea~,t i74 96 f'eer to THENCE along said southwesterly side of Maiden Lane South 47 degrees 25 minutes 10 seconds East, 80.00 feet to the point or place of BEGINNING. Section 3. The zoning map as adopted by section 100-21 of thc Town Code of the Towrt of Southold is hereby amended to reflect Ihe witlfin clkange of zoning district designation for said parcel. Section 4. THIs LOCAL LAW SHALL TAKE EI'I~ECT IMMEDIATELY UPON FILING WITH THE SECRETARY OF STATE. E[.IZABETH A. NEVILLE SOUTHOLD TOWN CLERK OCTOBER 19. 1999 · LC Li~t) ' '~ ~g ,,._~,W YORK STATE DEPARTMENT OF _o_al Fth-; .~ STATE STREET, ALBANy, NyST'&TE12231 (Use this form to File a local law with the Secretary of State.) Text of law should bo given as amended. Do not include matter being eliminated aud do not use italics or underlining to indicate new matter. ~:g/< of .............................. .S _ _o..u. _t .h. _o_ ! .O. .............................................. Town LOCAL LAW NO. 3l OF THE YEAR 1999. A LOCAL LAW' TO CHANGE THE ZONING DISTRICT DESIGNATION OF TItE PARCEL OF PROPERTY KNOWN AS Suffolk Count3' Tax Map (SCTM) # 1000-140.00-01.00-010.000 FROM THE (B) GENERAL BUSINESS ZONING DISTRICT DESIGNATION TO THE (R0) RESIDENT[AL OFFICE ZONING DISTRICT DESIGNATION. BE IT ENACTED BY THE TOWN BOARD OF ~ TOWN OF SOUTHOLD AS FOLLOWS: Please see att,ached. (if additional spa,',, is needed, a~ach pages the same size as this sheet, and number each.) '~,' ,_~-NO:rICE OF PuBLIC:HEAR- i' ~NG (~N A',I~OCAI4. LAW T0 ~ ~ THE ZONIN~ g~ OF ~: ~ TO~ OF SO.HOLD BY STATE OF ~W YO~) ~ .CH~GING ~ ~N~G DIS- ?' ~I~ OF S~ ~ 10~-140.~- )~: ~ 01~010.~ FROM th6 -General ~i~ ~) Vi~i~t to ~h~ CO~OF S~FOL~) ~- ~BLIC NOTICE IS HE~Y ~.:~t~tt6s~ counW, berg d~y sworn, sa~ ~t he/she is ~ ot th~ ~o~.. r~. ~.~ ~m~.t~ ~cip~ clerk of T~ S~LK T~S, a ~o[ ~e C~de o[ the Town o[ : So~ho~ S~'o~ C~.~. ~e. wee~y newspaper, pub~shed at Mata~ck, m ~vo~k ~ ~ To~ ~o~ of ~h~ ~e To~ of Sou~old. Co~W of S~folk ~d ~ lo~n o[ Sou&old ~ ho~ n P~B- ~ uc ~.~c o. ~ ~o~a State of New York, ~d ~at ~e Noace ofw~ch .. %OC~ ~l~' al t~ SOL.OLD ~ ro~ n~rL ~0~ ~.~ Ro~d. ~e ~ed is a p~ted copy, h~ been re~- ~som~o~a. s~. ~,~ ~ 1~ ~ l~ly pub~shed ~ s~d Ne~paper once each ~..~' Mo.~. O~mb~.,, ~' i~O9~o~.~d~h~ ~bH~o~ week for ~ weeks ~ccessively, tr,~a~, o~ob~ s, ~ ~ ~:~ commencing on _ me a ~ou~'s .O~ Moitom fro~ ~- ~e~iden~ O~ C~) D~r cL ~ Pmcipffi Clerk i ~a~.'~ ~b~' ~ ~d o, ~ Sworn to before me ~s ~ no~ side o[ Ro~e ~ w~ o[ ~e C ~nta~s ~pmximat~ly 32 a~. ~ ~ ~~ ~RY DIANA FOS~R ~ LOC~ ~W TO ~GE ~'. ~Y PUBLIC, ~ATE 0F H~W YORK ZO~G DIS~[~ - DES- H0.524~55242 SUFF0~ ]GNA~ON OF~ PAR~L OF PROPERS' KNO~' AS S~1 ~ ~ G~ ~US.~SS (~) - ~. Cop~es o[ ~ Local L~ arc ~..av~a~e m [be Office of Ih~ To~n ~ o~ Ihg pro~ed ~endment'shouid ;~ ~e pub~ he~ng or ~ ~e pubbc ' :_~ h~g ' ~- BY O~ER OF ~ TO~~,~ ~'~ SOUTHOLD. SO~O~ NEW: ~'~Datedgll4~; '- · :... ' '-_' -. ~<~' - ~IZABET~ ~'~L~E, ~N~LT 'YOUR LAWYER.'~ )~ SIGNING THIS INS~UMENT--THI5 INSTRUCT SHOULD GE USED BY LAWYERS ONLY ~E L. ~G, resi~ng a~ (~) ~c~nd ~ad, ~u~ld, N~ York 11971 J 94 4 ESt, r Patrick J. C~ h~e of S~fo~ ~ty T ANSFER TAX , party of ~c first pa~, and O0~[y ' ~ S. ~, resi~ng at (No~) Private ~d off P~a~se Point ~, Sou~old, N~ York 11971 parLy o~ ~ ScoOted ~~ W[TN~SETH, that the pa~ of ~e ~rst part, by vi~ue of the power and authori~, ~ven in and by said %Viii and testament, and in consideration DJ ~e h~ fifty ~o~ ~d 00/100 {$150,000.00) ..................... dollars, ]awfuJ money of the Unlt~ States, ~d by the ~rty of ~e ~ : sccond part, does hereby ~t ~d reJcase un~ ~e party of the second par~, ~e heirs or successors and DIS~ assi~s of the party of the second par~ forcver, 1000 ALL that certain plot, pi:ce or parcel of [and, wi~ ~: buildings and im~vcmen~ ther~n crated, sidle, S~ION lyin~ ~d bcin~ ~ at ~t~t~k, ~ of Sou~ld, Co~ of S~fo~ ~ S~te 140.00 of N~ York, ~d~ ~d descr~ as folly: ~ ~ at a ~t ~k~ ~ a ~n~t, set in ~ ~u~esterly side of ~d~ 01.00 ~, s~d ~int ~ing ~s~t 62.4 f~t westerly f~ ~e no~erly side of ~le ~d; ~ ~ fr~ said ~int of ~ng along ~ ~ or folly of ~gas ~ ]10.000 B~, ~u~ 44 d~ees 44 ~utes 50 seco~s West 174.71 feet to a ~n~t; ~ No~ 47 d~ees 35 ~u~s 20 s~o~s West 80~.00 feet to a ~n~t ~ ~ ~ or folly of ~on; ~ along s~d l~ds No~ 44 d~s 44 ~utes 30 s~on~ ~st 174.96 feet to a ~n~t set ~ ~e sou~es~ly side of ~d~ ~e; '~'~CE along s~d sou~wes~rly side-of b~d~ ~e Sou~ 47 d~s 25 ~nu~ 10 se~nds ~st, 80.00 feet to ~ ~t or p~ce of ' ~d ~e ~ty of ~e se~ ~,- b~ ~ ~t~ 1.2/[6f86 ~. r~ord~ on 12/23/86 ~ Id~ 10201 ~qe 92. This conveyance is subjec~ to and the party of the second par[ agreeing to assume the existing first mortgage in the original amount of ~150,000.00 as made to the Southold Savings Bank by Patrick J. Carrig, the party of the first part, and Mark S. McDonald, the party of the second part, dated December 16, 1986 and recorded December 23, 1986 in the Suffolk County Clerk's Office in Liber 12333 pa~e 271 of which the remaining principal balance is $142,954.99.