HomeMy WebLinkAboutLL # 32 1999 ELIZABETH A. NEVI~LLE ~ ~, Town Hall, 53095 Main Road
TOWN CLERK ~, P.O. Box 1179
Southold, New York 11971
REGISTRAR OF x. qT-iL STATISTICS Fax (516) 765-1823
MARRIAGE OFFICER
(516)
765-1800
RECORDS ~LA_NAGEMENT OFFICER ~etepuone
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLF~RK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING LOCAL LAW WAS ADOPTED
BY THE SOUTHOLD TOWN BOARD AT A SPECIAL MEETING HELD
OCTOBER 19, 1999:
LOCAL LAW NO. 32 OF THE YEAR 1999.
A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THE PARCEL
OF PROPERTY KNOWN AS Suffolk CouaW Tax Map (SCTM) # 1000-140.00-01.00-011.000
FROM THE
(B) GENERAL BUSINESS ZONING DISTRICT DESIGNATION TO THE
(RO) RES]X)ENTIAL OFFICE ZONING DiSTIL[CT DESIGNATION.
BE IT ENACTED BY ~ TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS:
Section I Legislative Intent
Consistent with our comprehensive land use plan and our established objectives and goals as
reflected by the existing zoning patlerns 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 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) Preservation of the Rural, Cultural, Commercial and Ristorical 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:
1. Preservation of Farmland and Agriculture
Farmla~ is a valuabl~ and dynamic indu..qxy in the Town of Southold. The open
u~sident~ while promoting tourism and m:vmfion.
2. P reserVatiOn of Open ~nd Recrenlional Spnce .... '
The To~°~'SouthoM ~ heavily upon its scenic b~n-~y ~ OlX:n landscap~ for
reot~ation, clean ~md water, as well ~ for i~ nt~ction to toufis~ and recrea~on-see, ke~ The
Town has al~raclod fimny s~olld homeowne~ because of its"o-~,~al ~source~ abundance of
open space, fanns, pictumsqun villages, and the ever-present v,~t~t~ ~ Plan Update,
1985). Due to this open space, the Town has a ucmendous development potential. Bleak pictures
have been poimed in a few documents, warmng of strip-type development, suburban sprawl and
water supply issncs. The preservation of open und rcc~atiunal space is not only aesthetic, but also
a necessity for th~ present and future n~:ds of the Town.
3. P~atloa of the Rural, Cultural. Commem~ and Historical Character of the
arc keeping growth in ~hc e~is6ng hamlet centers and preserving thc ~oing the surrounding rur~ areas.
Additionally, tho Master Plan Update recommends the prmdsinn for "a conununily of rczidential bamlcts
tbat are comprised of a variety of housing opportunities, commercial, service and oultuml a~vities, set in
an open or rural atmosphere and supported by a diversified economic base (including agncoltum, marine
commercial and seasonal recre, ation aotMties)."
4. Preservation of the Natural Environment
Aooow_mod~tmg "growth and olmnge within thc To~m without destroying its traditional
economic base, the mmml environment of which that base rests, and the unique oharactcr
and the w~y of ~if¢ that defines the Tm~" is of uLmost importance" (Ground Watershed
Protection and Water Supply lvl~gement Slxate~0. 'l~e Master Plan Update
recommends presep,,ation of the Town's natural envtronment from wetlands to
woodlands and to "achieve a land use pattern that i~ sensitive to the limited indigenous
water supply and will not degrade the subsurface water qanlity.
Thc outstanding needs enumcrated below are thc cuhninalim~ o(c~mfnl comparison of tl~e inlenI ~d
obj~tlVgS of the lo~ (as sat~ in paa l~d u~ pl~s and auth.) ~d fl~c c~cn~y existing ~n~gons
along ~e Coun~ Route 48 ~mdor. ~ese n~ refl~ ~e ~st ~d pre.ut vision of ~e Town ~d ~e
work ~l still n~s to ~ done due to ~e pm~ of Coun~ Route 48 to ~e ~et mm~ ~nte~
~d to avoid ~tenti~ly m~i~i~ d~elopment s~tegx~ for such ~s. ~ese outing n~ we find
exist ~u~out ~e To~ ~d ~ ~ffi~ly ide~fi~ as follo~:
1) to provide for viable ~ u~ d~elopmcnt at l~els of inte~ifi~ whch ~e ~nsitive to ~bs~a~
wamr qm~ ~ q~,
2) To ~in~N ~d s~n~en hamlel ~nte~ as the foc~ ofcommemial, residenti~, and ~mml
activiB~;
3) To prem~e the o~ a~tml ~ ~ character of ~ms outside of the ha~et ~nters;
4) m provide for a vme~ of ho~ing op~nmti~ for cilkens of different in~mes ~d age levels;
5) to e~ ~eop~n~fi~ for ~-ffi~y shoppx~;
6) to ~n~e tothe mp~ of the Tom's a~colt~ ~nomy;
7) to m~ ~e Tom's mt~ a~. ~clu~g i~ ~1 l~tion ~d a~l~ ba~, by
b~cing m~er~ r~id~ ~d ~rmfio~l u~;
8) to ~en~m ~e Tom's m~mfio~ ~d ~e~emi~ actimti~;
9) to enmmge ~ p~afion of~ ~d p~lic a~ m ~e watson;
10) to ~ to~m~ ~ng md ~g ~e To~'s a~ ~ f~er a ~ rode,
~y ~a ~ ~n~ ~odc h~g~ ~t~ a ~ of pl~, of ~ ~ ~n
H) to p~~ ~e m~;n~m;
1~) m ~ ~ ~ ~ ~ ~ ~1o~ ~ ~ ~e Tom;
14~ to ~mm~ ~e ~ ~ ~ ~ ~d o~ of ~el
15) to pmmm~nomy~m~;
16) to p~ ~e ~m~ of ~e T~'s vegetative ~blmt[ incin~g ~hmt~ w~ ~d
wo~lun~.
Sec'lion 2. Enactment
Therefore. based upon the at'oremcotioned goals and identified needs of the Town and upon our
consideration of fl~e recolnmendations and comments of our Planning Board. the Sm°fork County Planning
Commission. our planning consultant (CCG) and the public comment ~aken at the public heating and
otherwise, we hereb3 change the zoning dktrict designation for die parcel knov.'n as
SCTIvl# /.q:?y~, /gt~ O'Z -0/. O-C) --'D /Ir. ~ (and as more fall>, described
herein below) from the
SCTM # 1000-140.00-01.00-011.000
ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town
of Southold, County of Suffolk, and State of New York, bounded and described
as follows:
BEGINNING at a point on the southwesterly side of Maiden Lane with the
northwesterly side of Middle Road CR48 (as w~dened);
RUNNING THENCE fi.om said point of beginning along the northwesterly side of
Middle Road CR48 (as widened), South 44 degrees 40 minutes West 114.53 feet to a
point;
IH]SNCE along land now or formerly of Carrig & McDonald (formerly Long), north 44
degrees 44 m/nutes 50 seconds East 114.71 feet to a point on ~he southwesterly side
of Maiden Lane;
THENCE along the southwesterly side of Maiden Lane, South 47 degrees 25 minutes
10 seconds East 62.40 feet to the point or place of BEGINNING.
Being and intended to be the same premises conveyed to the part}, of the first part by
deed liber 5014 cp 456.
(
Section 3.
The zoning map as adopted b)' section 100-21 of the Town Code of the Town of Southold is
hereby amended to reflect the within cltange of zoning district designation for said parcel.
Section 4.
THIS LOCAL LAW SHALL TAKE EFFECT IMMEDIATELY UPON FILING WITH THE
SECRETARY OF STATE.
ELIZABETH A- NEVILLE
SOUTHOLD TOWN CLERK
OCTOBER 19. 1999
Law '-" '[ ] [. WYORKSTATEDEPARTMENTOFSTATE
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not
italics or underlining to indicate new matter.
~K-~ or .............................. ~_o_ ~ .t_b.o_ ta_ ..............................................
'lhwn
~X
LOCAL LAW NO. 32 OF THE YEAR 1999
A LOCAL LAW TO CI-I.~qGE THE ZONING DISTRICT DESIGNATION OF THE PARCEL
OF PROPERTY KNOWN AS Suffolk Courtb- T~x Map (SCTIvI3 # 1000-140.00-01.00~011.000
FROM TIIE
(B) GENERAL BUSINESS ZONING DISTRICT DESIGNATION TO THE
(RO) RESIDENTIAL OFFICE ZONING DISTRICT DESIGNATION.
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOED AS FOLLOWS:
Please see a~ached
additional space Is needed, attach pages the same size ns tiffs sheet, and number each.)
LOCAL LAW NO. 32 OF THE YEAR 1999.
A LOCAL LAW TO CHANGE THE ZON]2qG DISTRICT DESIGNATION OF THE PARCEL
OF PROPERTY KNOWN AS Suffolk County T&x Map (SCTM)' # 1000-140.00-01.00-011.000
FROM THE
(qB) GENERAL BUSINESS ~ONING DISTRICT DESIGNATION TO THE
(RO) RESIDENTLAL OFFICE ZONING DISTRICT DESIGNATION.
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS:
Section 1. Legislative Intent
Consistent with our co~nprehensive land use plan and our established objectives and goals as
reflected by the existing zoningl patterns within the Town, and based upon our current County Route
48 Land use study as well as n~merous 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 9'ell as other lands; thus, we hereby identify and adopt the following
overall themes of (1) Preservation of Farmland and Agriculture;' (2) Pr6~ervation 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 ~ision held by~esidants and local public officials of the Town and which are
intended to foster a strong ecohamy and which encourage and preserve the existing high quality of
life, as more specifically set forth herein below:
1. Pres~rvatian of Farmland and Agriculture
Farmland is a ~raluable and dynamic industry in the Town of Southnld. The open
farmlands are not only highly cherished for their economic value, but for the scenic vistas th~ provide.
The open space and seen~-y cre0ted by fa~nland addi~Jonslly conln~antes to the quality of life of the
residents, while promoting tourism and recreation.
2. preServatio~ of Open and Recreational Space
The Town of ISouthold relies heavily upon its scenic beauty avxl open landscapes for
recreation, clean air and water, as well as for its attraction to tourists and recreation-seekers. The
Town has am-acted n~my second homeowners because of its ~natural re~urces, abundance of
open space, farms, piqturesque villa ges, and fue ever-present waterfxont (Master Plan Dpdate,
I985), Due to this open space, Me Town has a h-emendoas development potential. Bleak pictures
have been painted in ~ few documants, warning of suip-type development, suburban sprawl and
water supply issues. '0re preservation of open and recreational space is not only aesthetic, but also
a necessity fo[ the present and future needs of the Town.
3. Preservation of the Rural, Cultural, Commercial and ltistorical Character of the
ltamlets and Surranndi~g ~
The Town of ~outhold is reoowned for its nmd, cultural, commercial and historic
characler. This unique cI~aca~ ~x is reeogni~ed in all of the doonn¢fits.mviewed. Based oa the input of
Town residents, the Final Re art ava Recommendations states that the two most prevalent and key issues
CONSULT YOUR LAWYER BEFORE SIGNING THiS ]NSTRUMENT~THIS INSTRUMENT SHOULD BE USED BY
THL~ ]NDE/%U~URE, m~dc the 31st ~y of October , nineteen hundred and ninety-.f,i
BE~ THEO])ORE MARANGAS and CATHERINE MAKA~GAS, his wife, , ~
resi,~ing at P.0% Box 155, Mattituck, NY I1952,
DI~TRI~ ~TION BLOCK LOT
party of th0first pa~, a a~'2 1 7 ~1 ~0 :,~
STEV~ N C. FREETHY and DEBORAH G. GI.BSON-FREETHY,
his 'ife, residing at No~, Maiden Lane,Mattituck, NY~:
par~y of th~ second pa~
W~H, dmt [h~ art of the first art in cons[derafion of Ten Dollars and o her valuable cons,derzt on
,~o~ ~rt, does ~er~y grant and release unto file party et the second ~, th~
paid by the pa~y of the ' '
or successors and assign; of the party of the second part forever~
ALL that c~in plot, pi~o or p~l of land, situate, lyin~ and b~in~ at MaRituck,
Town o$ Sou~old, G~un~ o$ Suffolk, and State of N~w York, Dounded and d~scrib~
as ~ollows:
BEOlNNINO at a po~r t on the southwe$t~rl? sid~ of Maiden ~n~ with
,/~o~hwest~rly sido of ~iddl~ ~oad GB~ (as
/~UNNINO THENGE f~om said point of b~innin~ alono the noahw~sterl~ sid~ of
Middle Head GH~ (~ widenS), South ~ do~re~s ~ minutes W~t ~ ~;.50 feet to a
/
THENCE along land ow or fo~erly of Pierce (fo~erly Brown), No~h 47 degre~ 35
minutes 20 s~onds ~est 62.56 feet to a point;
THENCE along land ~ow or formerly of Cardg & McDonald (formerly Long), no~h ~
degrees ~ minut~ 5p seconds E~t 114.71 feet to a point on the so~hw~terly side
of Maiden ~ne;
THENCE along the sc uthw~terly side of Maiden ~ne, South 47 degrees 25 minutes
10 seconds East 62.4 ~ feet to the point or place of BEGINNING.
Being and intend~ tc be ~e same premises ~onvey~ to the pa~ of the fi~t par by
de~ liber 5014 cp ~.
/
TOGETHER with all right, title and interest, if 'any, et the party of the first part in and to asy stre~ ant
rrmds abutting the a~ve d~scribed premises to the center lines ther~f; TOGETHER wi~h the '
and all the estate and rigl~ts of the party of the first pa~ in and to ~id premises; TO HAVE AND
]lOLl) the premises here]h grauted onto thc pa~y of ~e second ~rt, the heirs or successors and assigns
AND the party o[ tl~e fir~ pa~ covenant~ t~t the ~rt7 o[ the fir~{ pa~ ~ not done or suffered ~n thin
whereby the said pr~nises~ave been encumbered in any way whatever, exert as aforesaid.
ANI) Ihe pnrly .f die firs~ part, in compliance w~th ~tiou 13 of the Lien Law. covenants that the ~tty
· cfirstl, r v r~eve [ectls era o fort scoxveya cea dw et t erg t to recevesu~c0ns[~
eration as a trust {und to b ~ applied first for {he ~r~se of paying' the cost of the improv~ent and will
The x~rd )arty" shall be construed as if it read "panics" ~ver tbe sense et this indenture so
IN ~N~ WH~O~ the ~rt~ of th~ first ~r ed ~is deed the day and year first
..... ,
· , ...... - ...... .'")21" .
NOV 6 1W5 m