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HomeMy WebLinkAboutLL #20 2000 (2) LOCAL LAW NO. OF THE YEAR 2000... A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THAT PART OF THE PARCEL OF PROPERTY KNOWN AS Suffolk County Tax Map (sca # IO00-Oq,.q. O0-Oo .O0-OlO.OOS winCH IS ctm m m ~.~ k~k~.ac -~6rx. tXr. l'~Jxur.',&0J~"t~X~ ZONING DISTRICT DESIGNATION TO THE 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) Pr~ervatian 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 shard 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 llfe, as more specifically set forth herein below: 1. Preservation of Farmland and Agriculture Farmland is a valuable and dynamic indest~ in thc Town of Sonthold. 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 conlzibutes to the quality of life of the residents, while promoting tourism and recreatior~ 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 w~ll as for its attraction to tourists and recreation-seekers. The Town has attracted many second homeowners because of its "~,,,~I resources, abundance of open space, farms, picturesque villages, and the ever-presem wate~ fiuut" (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 atdp-type development, anburban sprawl and water ~pply issues. The prev, e~vation of open and recrealienal ~ 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 clxaracter. 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 arc 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 arc comprised of a ,,'artery of housing opportunities, commercial, service ami 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 lraditional economic base, the natural environment of which that base rests, and the unique ctmmcter 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 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 thc culmination of careful comparison of the intent and objectives of the town (as stated/n past land uso plans and studies) and the correntiy existing oonditious 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) to provide for viable land use development at levels of intensities winch 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 pre,rye the open, agricu/tma/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 eohance the opportuinties for podestrian-friendly shopping; 6) to continue to the support of the Town's agricoltural 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 acfvities; 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 sonso of place, of rural and open character, agriculture, and marine activities; 11) to presevve prime farmland; and encourage the diversification of agricolture; 12) to preserve the historic, cultural, architectural and archaeological resources of the Town; 13) to ensure visual quality of hamlet centers; 14) to encou~ rage app~n,,~ata land uses both inside and out of hamlet centers; 15) to promote balanced ecanomy and tax base; 16) to preserve ~: integrity of the Town's vegetative habitats, including freshwater wetlands and woodlands. Section 2. Ermctmen! 1009--0 ~.0/~ tg~ O0 SC~ g ~ - · is more ~lly de~d~ he~in ~low. A ~ ~le+ ~~~~zoning dis~a ~ desi~t~ by the ~mg ~p of · e Town. Bas~ u~n ~e aforementioned goals ~d identifi~ n~s of~e To~ ~d u~n our consideration of the recommendations and comments of our Planning Board, the Suffolk County Planning Commission, our planning consultant (CCG) and the public comment taken at the public heating and otherwise, we hereby change the zoning district designation of that part of the parcel identified by SCTM # l [Z O - Oq. gT. o-Oo -O I ,o the N. ~.n',l~.'l' '"~_ o,~.',Or-.~ '~n,dg~"¥'~e.~ zoning district designation fromthe ~,-,-, li.~- _.'D~n a~+,~ 'Ilo, ,,'~dm.d",a~ t zoning district desi~tion to the 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 G-reenport, 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 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 file Town of Southold is hereby amended to reflect the within clmnge of zoning district designation for said parcel. Section 4. THIS LOCAL LAW SHALL TAKE EIq~'gCT IMMEDIATELY UPON FILING WITH THE SECRETARY OF STATE. GIIAt~LES ~. GUDDY October 14, 1999 Town Board of the Town of Southold Main Road Southold, NY 11971 Re: Change of Zone SCTM 1000-045.00-02.00-010.005 Dear Board Members: The above 31 acre parcel is presently zoned in part Hamlet Density and in part Limited Business. The change of zone noticed indicates that the entire parcel is to be re-zoned R-80. While I appeared with the owner's representative as well as her attorney, Michael Permut of the firm of Jaspan, Schlesinger, Silverman & Hoffman, LLP at the scheduled hearing, I request that you accept this letter as supplementing the comments made at the hearing. The above site is one which not only has existing multiple dwelling units but is the only substantial site zoned Hamlet Density which is serviced by both public water and sewer. The owner proposes a senior citizen complex which could not be duplicated elsewhere since no other comparable site is serviced by both public water and sewers. The present zoning of the parcel is in accordance with the Town's Comprehensive Plan adopted within the past ten years. No characteristic of the site has changed within that time nor has the surrounding area significantly changed. It should be noted that that part of the site zoned Limited Business is more than 1000 feet from Route 48 and would be the sole parcel on Route 25 to be re-zoned as part of the Route 48 study. It is the owner's position that no argument has been advanced that public health, safety or welfare will be served by changing the zoning of this parcel. The change in zone proposed would, without question, reduce the value of the parcel by more than fifty percent. The owner has expended money in reliance upon the existing zone and that zoning should not be changed. Very truly yours, CRC:JML Charles R. Cuddy ( J cc: Southold Town Clerk oct a LEGAL NOTICE NOTICE OF PUBLIC HEAR- ING ON A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DIS- STATE OF NEWYORIO TRICT DESIGNATION OF SCIWI )SS: # 10oo-o~5.~o2.0o-o~o.0o5 mom COqNTY OF S_UFFgI~K,) THE LIMITE, D BUSINESS (LB) AND H~LET DENSITY (HD) \~_(~/~ {'-' (~,../I~, I ~ ~' of Mattituok, in said DISTRIC'r DESIGNATION TO county, being duly sworn, says that he/she is Principal THE (R-SO) ~SIDE~rnAL LOW DENSITY DISTRICT DESlGNA- clerk of THE SUFFOLK TIMES, a weekly newspaper, TION. published at Mattituck, in the Town of Southold, PUBLIC NOTICE IS HEREBY County of Suffolk and State of NewYork, and that the GIVEN that pursuant to Section 265 of the Town Law and requirements Notice of which the annexod is a printed copy, has oftheCodeoftheTownofSouthl~d, been regulaHy published in said Newspapor once Suffolk County, New York, that the Town Board of thc Town of Southold each week for { weeks successively, wa hold a I'~BUC t~EAmNG N the { ~ + ~' day ~ ~ ~ c~w ~t ~ commencing som ou Tow..Au. of 20 . ~ ~ o~ tl~ ~ t~w ~. ~ (._J Principal Clerk C~e the Zoaing District D~atinn of SCUM # l~00-04S.01~ o~.eO. OlO.005, ua t~e Town Boam'~ Sworn to ~efore me this Own Motion, from the Limite. d ihl~ss (LB) a~d Hamlet Density day of {~ J .~' 20 (HD) District Designation to the (R- · )) ResidentiaJ Low Density District Designation, The assessment records ~t Adrian~e Solor es the Owner of the property. The Property is located ~ In ~ ~ .-j ~ on the north side of Route 25 at the intersection of Route 25 and Chapel imately 31.0 acres, The Local Law is entitled, "A LOCAL LAW TO CHANGE THE ZONING DISTRICT DES- IGNATION OF THE PARCEL OF PROPERTY KNOWN AS SCTM # 1000-045.00-02.00-010.005 FROM THE LIMITED BUSINESS (LB) AND HAMLET DENSITY (HD) DISTRICT DESIGNATION TO THE (R-80) RESIDENTIAL LOW DENSITY DISTRICT DESIGNA- TION. Copies of this Local Law are avail- able in the Office of the Town Clerk to ~ny interested persons during reg- ular business hours. Any persons desiring W be heard on the proposed amendment should appear, ~nd has the fight to appear, at the time and place above so speci- fied. An), person aho has the right to submit written comments to the Southold Town Clerk either prior to the Public Hearing or at the Public Hearing. BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, SOLrrHOLD, NEW YORK. Dated: August 15, 2000 Elizabeth A. Neville So,athoid Town Clerk 1472-1TAu17 L~.G At. NOTICE NOTIC~ OF A HEARING ON A I..O~AL LAW TO AMF.,N~ THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTR~CT OF SCTM # 1000. STATE OF NEW YORK) 045,00-02.00-010.005 FROM the Hamlet Density Residential District Deusity(HD) tOD~,~. ~ R-SO Re.i~.t~l ~o,. COUNTY OF SUF. FOL, K) .U.LfCNO~CEISHem~.Y ~.~3'-~ OJ'X F' (.J._)ll[ tS of MatUtuck, in said GIVEN that Pursuant to Section ~5 of t~e To.,. Law and rout, e- county, being duly sworn, says that he/she is meats of the Code of the Tayto of PriI1clpl3J. clerk of TH~ SUFFOLK TIIViES, a Southold, Suffolk County. NeW that the Town Bo~d of the weck.ly newspaper, Dllblfshed York, at Mattltuck, UC*°~".E~mNG of So.thold o."4n~.~U~e ~Jn- the Town of Southold,- ---County of Suffolk and LOCAL lAW at the SOUTHOLD State of New York, and thal: thc Notice of which TOWN HALL. 53095 Main Road, Southold, New York, at 9.'00 p.m. thc annexed 1s a prJllted copy, has been reg.- Monday, October 4, 1999;the Public l~I'ly pllbilshed ]Lrl said Newspaper once each Hearing will be continued on Tuesday. October 5, 1999 at 3:30 week for ~ weeks su~ccessIve~y, po.P'm' atofthethe sameLocallOcation.Law is toThec~angePur' commenc, lng, on the~ c.~-~) rd day ,be p~l of ~m k.o,,, q_/~xtoLF . SCTM # 10004145.110412.00-0104105 whid~ is currently in tbe Hamlet Dons~y R.~id,~l ~ (ND), on ~1~ ro~ ~ o~ Macinn, /1 Principal Clerk from the Hamlet Density Resident/al District (HD) to the R- 80 Residential Low-Density ~WOl'n to before me this ~'~ Dim.~. The asse--em recosds li.t ~_~4ay~f ~% 19 ~'~' Adrk~nn~ Sola! as the owner of the property. The property is located on ' the south side of Route 48 east of ~-~-..~ MgRY DIR~IR FOSIER thc intersection of Route 48 and NOTARY PUItLtC, STATE OF N~BV YORK Chapel Lane (cross street). The NO. 524~55242, SUF[0LK C00NIY This Local Law is entitled, "A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANG- OF THAT PARCEL OF FROP- ERTY KNOWN AS SCTM ~I000. 045.00-/12.00-010.005 WHICH IS CURRENTLY IN THIt I-hmlet Density Residual ~ FROM T}ffi HAMLET DENSITY RESIDENTIAL (HI)) DESIGNA- TION TO THE R-80 RESIDEN- 'rIAL LOW. DENSITY DISTRICt DESIGNATION (R80). Copies of this Local Law are ina regular business bantu. fried. Any pcmon also has thc right hearing. SOUTHOLD TOWN CLEIt LOCAL LAW NO _ __ OF THE YEAR 1999. A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THE PARCEL OF PROPERTY KNOWN AS Suffolk County Tax Map (SCTM) # 1000 - 0~Lb~ OO - 0,~. O0 '- O FROM THE (~j4~].14_~..~ ~,_.., I~.. - ,,~ ZO~NGOIS~ICTDESIGNATION TO~ ZONING VIS.CT 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 fnllowing 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 Southnld. The open farmlands arc 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, wlfile promoting Iourism 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 aftracted 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 necesshy 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. This anique 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 arc keeping growth in the existing hamlet centers and preserving rite enhancing file surrounding rural areas. Additionally, fire Master Plan Update recommends thc 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 activities)." 4. Preservation of the Natural Environment Accommodating '~growth and change within the Town without destroying its traditional economic base, ~he 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 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 culmination of careful comparison of the intent and objectives of thc 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) to provide for viable land use development at levels of intensities 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 lkamlet centers; 4) to provide for a variety of housing opportunities for citizens of different incomes and age levels; 5) to enhance the opportunities for pedestrian-friendiy shopping; 6) to continue to the support of the Town's agricultural economy; 7) to maximize the Town's natural assets, including ils coastal location and agricultural base, by balancing commercial, residential and recreational uses: 8) to strengthen thc Town's me-recreational and marine-.commercial activities; 9) to encourage the preservation of parkland and public access to the waterfront; 10) to support tourism by raaintathing and strengthehing rite 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 manne activities; 11) to preserve prime farmland; and encourage the diversification of agriculture; 12) to preserve the historic, cultural, architectural and archacohigical resources of the Town; 13) to ensure visual quality of hamlet centers; 14) to encourage appropriate land uses beth 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. Enaclmen! Therefore, bastxl upon the afommentionext goals and identified needs of lbe Town and upon our consideration of tim recommendations and comments of our Plmming Board. the Suffolk Counly Plmming Commission, our plmming consultanl (CCG) and tbe public comment taken at the public hearing and other, vise, we hereby change the zoning districl designation for the parcel known as SCTM# IO00-OOfSoO0 '-O~.l,)~)~'OlO. OO~.~ (and as more fully described herein below) from tim (J:fl~) L-IMI~-~2> I~I23/~'gt~QD t47~11.~[' zoning district designation to the /qTr.-%l DE~'q'/PcL. tJ)lA~'- DgC&l%l T~ zoning dislricl 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 part hereof BE1NG 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 1011-21 of the Town Code of the Town of Southold is hereby amended to reflect the within cl~ange of zoning district designation for said parcek Section 4. THIS LOCAL LAW SHALL TAKE EFFECT IMMEDIATELY ~N FILING WITH THE SECRETARY OF STATE. /?/..;' BARGAIN AND SALE DEED (with Covenants against Grantor's ACts) THIS INDENTU~, made the 1 lth day of December, nineteen hundred and ninety-eight BETWEEN MOH~NG ENTE~SES, INC., a domestic co~oration, having ~ office located at No. 338 Glen Head Road, Glen Head, New York 11545, par~ of the first pa~, ~dAD~ENNE SOLOF, residing atNo. 33 Fairb~s Boulev~d, Woodb~, New York 11797, pa~ of the second part, WlTNESSETH, that ~e p~y of the first p~, in consideration ofTen Dollms ~d other valuable consideration paid by ~e p~y of~e second p~, does hereby gr~t ~d release ~to the p~y of the second p~, the heirs or successor ~d assigns of~e p~y of~e second p~ forever, ALL that certain plot, piece or pmcel ofl~d, with the buildings ~d improvements thereon erected, situate, lying and being at Greenpo~, Tom of Sou~old, Co~ty of Suffolk ~d State 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 ~eGr~tor heroin by Deed dated the 30th day of J~e, 1993 ~d recorded on the 11 ~ day of J~u~, 1994 in Liber 11659 at page 613 in the Office of the Clerk of ~e CounW of Suffolk. Dist. 1000 Sect. O45.0O Block 02.00 Lot 010.005 TOGETHER ~vith 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 thereof; 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 anything 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 ENTERPRISES, INC.