HomeMy WebLinkAboutLL #20 2000THIS IS TO CERTIFIY THAT THE FOLLOWING LOCAL LAW WAS ADOPTED AT THE REGULAR
MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 12, 2000:
LOCAL LAW 20 OF THE YEAR 2000..
A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THE PARCEL OF
PROPERTY KNOWN AS Suffolk County Tax Map (SCTM) #1000-045.00-02.{)0-010.005
FROM THE
(LB & HD) LIMITED BUSINESS & HAMLET DENSITY ZONING DISTRICT DESIGNATION TO THE
(R-80) 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 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 (I) Preservation of Farmland and Agriculture; (2)
Preservation of Open and Recreational Space; (3) Preservation of the Rural, Cultural, Commercial and Historical
Character of the Hamlets and Surroun¢Fmg Areas; (4) Preservation of the Natural En¥iromnent; wl~mh 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 let forth herein
below:
1. Preservation or Farmland and Agricultural Use
Farmland is a valuable and dynamic industry in the Town of Southold. The open farmlands are not only
highly cherished for their economic value, but for the scenic vistas they provide. The open space and
scenery created by farmland additionally contributes to the 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 well as for its attraction to tourists and recreation seekers. The Town has atlracted many
second homeowners because of its "natural resources, abundance of open space, farms, picturesque
villages, and the ever-present waterfront" (Master Plan Update, 1985). Due to this open space, the Town
has a tremendous development potential. Bleak pictures have been painted in a few documents, warning of
strip-type development, suburban sprawl and water supply issues. The preservation of open and
recreational space is not only aesthetic, but also a necessity for the present and future needs of the Town.
3. Preservation of the Rural, Cultural. Commercial and Historical Character of the Hamlets and
Surrounding Areas
The Town of Southold is renowned for its rural, cultural, conunercial and historic character. This unique
character is recognized in all of the documents reviewed. Based on the input of Town residents, the Final
Report and Recommendations states that the two most prevalent and key issues are keeping growth in the
existing hamlet centers and preserving the enhancing the 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, marine commercial and
seasonal recreation activities)."
4. Preservation of the Natural Environment
Accommodating "growth and change within the Town without destroying its traditional economic base, the
natural environment of which that base rests, and the unique character and the way of life that defines the
To~vn is of utmost importance" Ground Watershed Protection and Water Supply Management Strategy).
The Master Plan Update recommends preservation of the Town' s natural environment from wetlands to
Woodlands and to "achieve a land pattern that is sensitive to the limited indigenous water supply and will
not degrade the subsurface water quality.
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 stucV~es) 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 sU-ategies for such areas. These outstanding needs we find exist ttu'oughout the To~xm and
are specifically identified as follows:
1) to provide for viable land use development at levels of intensifies which are sensitive to subsurface
water quality and quantity;
2) to maintain and strengthen hamlet centers as the focus of commercial, residential, and cultural
activity;
3) to preserve the open, agricultural and rural character of areas outside of the hamlet centers;
4) to provide for a variety of housing oppommities for citizens of different incomes am age levels;
5) to enhance the opportunities for pedestrian-friendly shopping;
6) to continue to the support of the Town's agricultural economy;
7) to maximize the Town's natural assets, including its coastal location and agricultural
base, by balancing commercial, residential and recreational uses;
8) to strengthen the Town's marine-recreational and marine-commercial activities;
9) to encourage the preservation of parkland and public access to the waterfront;
10) to support tourism by maintaining and strengthening the Town's assets that foster a tourist trade.
namely hamlet center businesses, historic heritage, architecture, a sense of place, of rural and open
character, agriculture, and marine activity;
11) to preserve prime farmland; and encourage, the diversification of agriculture;
12) to preserve the historic, cultural, architectural and archaeological resources of the Town;
13) to ensure visual quality of hamlet centers;
14) to encourage appropriate land uses both inside and out of hamlet centers;
15) to promote balanced economy and tax base;
16) to preserve the integrity of the Town's vegetative habitats, including freshwater wetlands and
woodlands.
Section 2. Enactment
Therefore, based upon the aforementioned goals and identified needs of the Town and upon our
consideration of the recommendations and comments of our Plmming Board, the Suffolk County Planning
comnmssion, our planning consultant (CCG) and the public comment taken at the public hearing and otherwise, we
hereby change the zoning district designation for the parcel known as
SCTM # 1000-045.00-02.00-010.005 (and more fully described herein below) from the
(LB & HD) LIMITED BUSINESS & HAMLET DENSITY zoning district designation to the
(R-80) R-80 RESIDENTIAL LOW DENSITY zoning district designation.
SCTM # 1000-045.00-02.00-010.005
ALL that certain plot, piece or parcel of land, with the buildings and
improvements thereon erected, situate, lying and being at Greenport, Town
of Southold, County of Suffolk and State of New York, as more
particularly set forth in Schedule A annexed hereto and made a pan hereof.
BEING the same premises conveyed to the Grantor herein by Deed dated
the 30th day of June, 1993 and recorded on the 1 lth day of January, 1994
in Liber 11659 at page 613 in the Office of the Clerk of the County of
Suffolk.
Section 3.
The zoning map as adopted by section 100-21 of the Town Code of the Town of S outhold 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 THE SECRETARY OF
STATE.
ELIZABETH A. NEVILLE
SOUTHOLD TOWN CLERK
SEPTEMBER 12, 2000
LineAL NOaaCE STATE OF NEWYORK)
NOTICE OF ~BLIC HEAR-
ING ON A LOCAL LAW TO )SS:
AMEND ~E ZONING MAP OF C~N~ OF ~UFFOL~
of
Manituck,
CHANGING ~E ZONING D[S-
~;~ DES1GNA~ON OF S~ counW, being duly sworn, says that he/she is Principal
~ ;~-ms.~.~10.~5 ~oM clerk of THE SUFFOLK TIMES, a weekly newspaper,
~E LIMI~D BUSINESS (LB)
ANn n~LET DENS[~ (~) published at MaRituck, in the Town of Southold,
DISTRI~ DESIGNATION TO Coun~ of Suffolk and State of NewYork, and that the
DENSI~E (R-~)DiS~i~SIDEN~ALDEsiGNA.LOW Notice of which the annexed is a printed copy, has
·ioN. been regularly published in said Newspaper once
PUBLIC NO~CE iS HE.BY each week for / weeks succe~ively,
GI~N that pursuant to S~ion 2~
ot ~= ~o~ ra~ a~d r~u~emen*s core.ricing on the ~7/~ day
of the Code of the To~ of ~u~old, of ~]& 2~ .
Suffolk ~unty, New York, ~at ~c
TownBoardofthcTo~ofSouthold ~ ~ . ~ ,
~he Afo~d LOCAL LAW at the
SOU~OLD TO~ HALL, 53~5 ~ Principal Clork
Main Road, Southold, New York at
8:05 a.m., Tuesday, August 15, 2~. Sworn to before me this
~e pu~ of the ~ ~w is to
Change the Zoning District da~ o~ ~
Desi~ation of S~ ~ 1~5.~-
02.~-010.~5, on the To~ Bo~dg
Own Motion, .from the Limited CH~IS~NAT. W~E~
Business (LB) ~d Ha~ct ~nsity b.'ota~Pu~Stat~of~wyo~
(HD) District Desi~ation to the (R- N0.0~WE~
~) Residential Low ~nsi~ Dhtri~ G~mm~s=ion ~ir~ D~ 13,~
Designation. ~e ~e~ment re~r~
thc pro.its ~e ~y b l~t~
on the no~h sid~ of Route 25 at ~e
interaction of Route 25 and ~a~l
Lane. ~e ~o~y ~nt~s appr~-
imately 31.0 a~es.
The ~al Law is entitled,
LOCAL LAW TO ~ANGE ~
ZONING DISTRI~ DESIGNA-
TION OF ~E PARCEL OF
PROPER~ ~OWN AS S~ ~
1000-045.00-02.~-010.~5 PROM
~E LIMI~D BUSINESS (LB)
AND HAMLET DENS~ (HD)
DISTRI~ DESIGNATION TO
~E (R-~) RESIDE~IAL LOW
DENSI~ DISTRI~ DESIONA-
TION.
Copies of this ~al ~w are avail-
able in the Offi~ of the Town Clerk
to any interested pe~ns during reg-
ular business hours.
Any per.ns desiring io ~ heard
on the proposed amendment should
ap~ar, and has the right to appear,
at the time and pla~ a~vc so s~cJ-
fled. Any person also has the ri~t to
submit written comments to the
Southold Town Clerk either prior to
the Public Hearing ot at the Public
Hearing.
BY ORDER OF ~E TO~
BOARD OF THE TOWN OF
SOU~OLD, SOU~OLD, NEW
YORK.
Dated: July 21, 2~
Eli~th'A. Neville
Southold Town
1415-1TJy27
LOCAL LAW NO. __ __ OF THE YEAR 1999.
A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THAT PART OF THE
PARCEL OF PROPERTY KNOWN AS Suffolk County Tax Map
(SCm) # lOttO -- Oq~".l~-l~. O0-OlO. ~ WHICH IS CURRENTY IN
ThE (/..J3) t_/L/IT~T> ESMS/M~9S ZONING DISTRICT FROM
(Lg) ].-/K, IlTI:::'--I~ ~51~I~/AJ~-~ ZONING DISTRICT DESIGNATION TOTHE
,eeO ZO ODIS CTDESIONATiON.
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 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 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:
1. Preservation of Farmland and Agriculture
Farmland is a valuable and dynamic industry in the Town of Southold. The open
farmlands are not only highly cherished for their economic value, but for the scenic vistas they provide.
The open space and scenery created by farmland additionally contributes to the quality of life of the
residents, while promoting tourism and recreation.
2. Preservation of Open and Recreational Space
The Town of Sontheld relies heavily upon its scenic 10eauty and open landscapes for
recreation, clean air and water, as well as for its attraction to tourists and recreation-seekers. The
Town has attracted many second homeowners because of its "natural resources, abundance of
open space, farms, pictaresque villages, and the ever-present waterfront" (Master Plan Update,
1985). Due to lifts open space, the Town has a tremendous development potential. Bleak pictures
have been painted in a few documents, warning of strip-type development, suburban sprawl and
water supply issues. The preservation of open and recreational space is not only aesthetic, but also
a necessity for the present and future needs of the Town.
3. Preservation of the Rural, Cultural, Commercial and Historical Character of the
Hamlets and Surrounding Areas
The Town of Southold is renowned for its rural, cultural, commercial and historic
character. Tiffs unique character is recognized in all of the documents reviewed. Based on the input of
Town residents, the Final Report and Recommendations states that the two most prevalent and key issues
are keeping growth in the existing hamlet centers and preserving the enhancing the surrounding rural areas.
Additionally, the Master Plan Update recommends the provision for "a communily 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, marine
commercial and seasonal recreation activities)."
4. Preservation of the Natural Environment
Accommodating "growth and clumge within the Town without destroying its traditional
economic base, the natural environment of which that base rests, and the unique character
and the way of life thai defines the Town" is of utmost importance" (Ground Watershed
Protection and Water Supply Management Strategy). The Master Plan Update
recommends preservation of the Town's natural environment from wetlands to
woodlands and to "achieve a land use pattern that is sensitive to the limited indigenous
water supply and will not degrade the subsurface water quality.
The outstanding needs enumerated below are the cuhnination 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 throughout the Town and are specifically identified as follows:
1 ) 1o provide for viable land use development at levels of intensities which are sensitive to subsurface
water qnali .ty and quantity
2) To maintain and strenglhen hamlet centers as the focus of commercial, residential, and cultural
activity;
3 ) To preserve the opera agricultural and rural character 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 opportomties for pedestrian-friendly shopping;
6) to continue to the support of the Town's agricultural economy;
7) to maximize the Town's natural assets, including its coastal location and agricultural base, by
balancing commercial, residential and recreational uses;
8) to strengthen the Town's marine-recreational and marine, commercial activities;
9) to encourage the preservation of parkland and public access to the waterfront;
10) to support tourism by maintaining and strengthening the Town's assets that foster a tourist trade,
namely hamlet center businesses, historic heritage, architecture, a sense of place, of rural and open
character, agriculture, and marine activities;
11) to preserve prime farmland; and encourage the diversification of agriculture;
12) to preserve the historic, cultural, architectural and archaeological resources of the Town;
13) to ensure visual quality of hamlet centers;
14) to encourage appropriate land uses both inside and out of hamlet centers;
15) to promote balanced economy and tax base;
16) to preserve the integrity of the Town's vegetative habitats, including freshwater wetlands and
woodlands.
Section 2. Enactment
SCTM # 009-'0q ' is more ~lly descried berein ~low. A ~ of SC~g
( ~ ) ~M ]~ ~1~ zoning district as desi~t~ by the ~ning Map of
thc Town. Based upon fi~e aforementioned goals ~d identified n~ds of the Town ~d u~n our
consideration of the mcommen~tions ~d commenls of our Pla~ing Board, ~e S~olk County Pl~ing
Commissiom our pla~ing cons~tant (CCG) ~d ~e public comment t~en at fl~e public h~ng ~d
othc~ise, we hereby c~ge the zoning ~s~ct desi~tion of flint p~ of ~e p~cel idenfifi~ by SC~ g
(~) ~lg~ I T~ ~%1~ S~ zo~ng ~ct desi~ation ~om ~e
~) ~M IT~ ~M~ zomng di~ict desi~ation to ~e
~ ~l~~ ~~1~ zoffingdi~ctdesi~afion.
SCTM # 1000-045.00-02.00-010.005
ALL that certain plot, piece or parcel o£ land, with the buildings and
improvements thereon erected, situate, lying and being at Greenport, Town
of Southold, County of Suffolk and State of New York, as more
particularly set forth in Schedule A annexed hereto and made a part hereo£
BEING the same prenzises conveyed to the Grantor here'm by Deed dated
the 30th day of June, 1993 and recorded on the 1 lth day of January, 1994
in Liber 11659 at page 613 in the Office of the Clerk of the County of
Suffolk.
Soclion 3.
The zoning map as adopted by section 100-21 of the Town Code of file Town of Southold is
hereby amended 1o reflect the within clmnge of zoning dislrict designation for said parcel.
Section 4.
THIS LOCAL LAW SHALL TAKE EFFECT IMMEDIATELY UPON FILING WITH THE
SECRETARY OF STATE.
BARGAIN AND SALE DEED
(with Coven~ts against Grantor's AcB)
'T-HIS INDENTU~, made the 11 th day of December, nineteen hundred ~d ninety-eight
BETWEEN MOH~NG ENTE~SES, INC., a domestic co¢oration, having ~ office located
m No. 338 Glen Head Road, Glen Head, New York 11545, par~ of the first pa~, ~dAD~ENNE
XOLOF, residing at No. 33 Fairb~s Boulev~d, Woodbu~, New York 11797, pa~ of the second
part,
WITNESSETH, that ~e p~y of the first pm, in consideration ofTen Doll~s ~d o~er valuable
consideration paid by the p~y of~e second pm, does hereby gr~t ~d release ~to ~e p~y of
· e second p~, ~e heirs or successor ~d assigns of~e pray of the second p~ forever,
ALL that ce~ain plot, piece or p~cel ofl~d, wi~ ~e buildings ~d improvements ~emon erected,
situate, lying ~d being at Greenpo~, To~ of Southold, Co~ty of Suffolk ~d S~te of New York,
as more p~icul~ly set fo~h in Schedule A ~exed hereto ~d made a p~ hereof.
BErG ~e sine premises conveyed to theGr~tor herein by Deed dated the 30~ day of J~e, 1993
~d recorded on the i 1 th day of J~u~, 1994 in Liber 11659 m page 613 in ~e Office of the Clerk
of the Coun~ of Suffolk.
Dist.
1000
Sect.
045.00
Block
02.00
Lot
010.005
TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and
roads abutting the above described premises to the center lines thereofi TOGETHER with the appurtenances
and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD
the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party
of the second part forever.
AND the party of the first part covenants that the party of the first part has not done or suffered an~hing
whereby the said premises have been encumbered in any way whatever, except as aforesaid.
AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of
the first part will receive the consideration for this conveyance and will hold the right to receive such
consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and
will apply the same first to the payment of the cost of the improvement before using any part of the total of
the same for any other purpose.
The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires.
IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first
above written.
MOHRING ENTERPK[SES, INC.
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