HomeMy WebLinkAboutLL #21 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 21 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) #1000-035.00-01.00-027.002
FROM THE
(HD) 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 oar current County Route 48 Land use study as well as
numerous land use studies and plans developed heretofore. ~ve 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 Surrounding Areas; (4) Preservation of the Natural Enviromnent; which derive from
the shared vision held by residents and local public officials &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 forih 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 econom/c 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 Sotuhold 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 attracted 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 tre~nendous 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 Sotuhold is renowned for its rural, cultural, commercial 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 Recormnendations 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, se~xice 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 enviroun~ent 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 Toua~' s natural environment ~om wetlands to
Woodlands and to "achieve a land patrem 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 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 hamlet centers;
4) to provide for a variety of housing opportunities 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 farm!and; and encourage, the diversification of agriculture;
12) to preserve the historic, cultural, architectural and archaeological resources of the Town;
13) to ensure visual quality ofhamlet 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 Planning Board, the Suffolk County Plaaning
Commission, 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 # 1000-035.00-01.00-027.002 (and more fully described herein below) from the
(HD) HAMLET DENSITY zoning district designation to the
(R-80) RESIDENTIAL LOW DENSITY zoning district designation.
SCTM #1000-035.00-01.00-027.002
Ail that certain plot, piece or parcel of land, with the buildings and improvements thereon
erected, situate, lying and being near Greenport, Town of Southold, County of Suffolk, State of
New York bounded and described as follows:
BEGI2N-N1NG at a monument set in the Northerly line of North Road
(opposite the Sterling Cemetery) at the Southwesterly comer of the premises herein described and
adjoining land now or formerly of William Pollert;
THENCE along said last mentioned land the following three courses and distances:
1) North 19 degrees 16 minutes 00 seconds West 344.83 feet;
2) North 72 degrees 25 minutes 20 seconds East 169.21 feet; and
(3) South 11 degrees 31 minutes 10 seconds East 331.33 feet to the Northerly line of the North
Road;
THENCE South 66 degrees 01 minutes 20 seconds West along the Northerly line of the North
Road 8.73 feet; and
THENCE South 65 degrees 23 minutes 50 seconds West along the
Section 3.
The zoning map as adopted by section 100-21 of the Town Code of the To~vn 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 THE SECRETARY OF
STATE.
ELIZABETH A. NEVILLE
SOUTHOLD TOWN CLERK
SEPTEMBER 12, 2000
ELIZABETH A. NEVILLE c(~ ~Y-~ Town Hail, 53095 Main Road
TOWN CLERK ~o-~i P.O. Box 1179
REGISTRAR OF VITAL STATISTICS ~.~ Southold, New York 11971
MARRIAGE OFFICER Fax (631) 765-6145
RECORDS MANAGEMENT OFFICER ~'ff0~/ Telephone (631) 765-1800
FREEDOM OF INFOtLMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT
THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON
SEPTEMBER 12, 2000:
WHEREAS the Town Board of the Town of Southold is considering a change in the zoning
designation from HD Hamlet Desity Zoning District Designation to the
R-80 Residential Low Denisty Zoning District Designation of a certain parcel of land lying in
the Town of Southold identified by SCTM # 1000-035.00-01.00-027.002; and
WHEREAS, GEIS which said "no further SEQRA review required" when "Changing the
Zoning Category of a parcel from a higher density residential zone to a lower density residential
zone to a lower density residential zone or Agricultural Conservation Zone shall not require
further SEQRA review." And this proposed action meets this criteria; and
WHEREAS, the Town Board nevertheless conducted a LEAF pursuant to SEQRA in addition to
the GEIS findings statement; and be it
RESOLVED the Town Board found that for the above action there is no other involved agency,
that for the above action the Town Board is Lead Agency; that this action is an Unlisted Action;
all pursuant to SEQRA Rules and Regulations 6 NYCRR 617.1 et. Seq. and Chapter 44 of the
Southold Town Code; and be it further
RESOLVED by the Town Board that this proposed project will not have any significant adverse
environmental impacts and therefore the Town Board issues a NEGATIVE DECLARATION
pursuant to the SEQRA roles and regulations.
Southold Town Clerk
September 12, 2000
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 NEWYORK)
TRICT DESIGNATION OF SC'TM )SS:
# 1000-035.00-0L00~027,002 FROM
THE HAMLET DENSITY (HD) COL[NTY OF SUFFOI~ .K)
DISTRICT DESIGNATION TO \J~Z_C~./'"X ~" ~)1'( [ I ~" of Mattituck, in said
THE (R-80) RESIDENTIAL LOW
DENSITY DISTRICT DESIGNA- county, being duly sworn, says that he/she is Principal
TION. clerk of THE SUFFOLK TIMES, a weekly newspaper,
PUBLIC NOTICE IS HEREBY
GIVEN that pursuant to Section 265 published at Mattituck, in the Town of Southold,
of the Town Law and requirements County of Suffolk and State of New York, and that the
of the Cnde of the Town of Southold. Notice of which the annexed is a printed copy, has
~Suffolk County, New York, that the
Town Board of the Town of Southold been regularly published in said Newspaper once
will hold a PUBLIC HEARING on each week for
weeks
successively,
the Aforesaid LOCAL LAW at the
SOUTHOLD TOWN HALL, 53095 commencing on the I~'~ +~ day
Main Road, SoUthoid, New York at of ~[,( C~ CL
5.00 p.m., Tuesday, August 29; 2000. C.~ -
Chafige the Zoning District
Designation of SCTM # 100~035.00- ~ '
Principal
Clerk
01.00-027.002, on the Town Board'~
Own Motion, from the Hamlet
Demity (HD) District Designatina Sworn to N'~'e~°re me
to the (R-80) Residential Low
Demity District Designation. The aa- day of ~ ~(~ .~'~-- 20
sesament records list Frank
Mdl~0sh & M~rk Ande~o~, A~
Tm~s m the Owner of the proper- OARI~NkT.~
ty. The Property is located on the
north I~ide of Route 25 across from
thc intersection of' Route 25 and Co.,~_~._[~lmba. 13,,~(~ i~r"~ ~----~vt
Manhasset Avenue. The Property
contains approximately 1.1 acres.
The Local Law is entitled, "K '--'
LOCAL LAW TO CHANGE THE
ZONING DISTRICT DES-
IGNATION OF THE PARCEL OF
PROPERTY KNOWN AS SCTM #
1000-035.00-0L00-027.002 FROM
THE HAMLET DENSITY (HD)
DISTRICT DESIGNATION TO
THE (R~0) RESIDENTIAL LOW
DENSITY DISTRICT DESIGNA-
TION.
Copies of this Local Law are avail-
able in the Office of the Town Clerk
to any interested persons during reg-
ular business hours.
Any per~os clgslring to be heard
on the propo~d m~aendment ~hould
appear, and has th~ right to appear,
at the time ami ptage above so speci-
fied. Any person silo has the right to
submit written ~omments 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, SOUTHOLD, NEW
YORK.
Dated: August I5; 2000
Elizabeth A. Neville
Southold Town Clerk
1473-1TAu17
LOCAL LAW NO. 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 - 035 - O I. O0 - 0 ,R -/.
FROM TIqE
( h~O ) ~ I~q" ])~ ~ t~¢5/D~/¥~ONING DISTRICT DESIGNATION TO THE
(Rgb) lO~glb~q')/~ LO W- ~/~"TQe31 ~ 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 aa 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; O) Preservation of the Rural, Cultural, Commercial and ltistorieal 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 Reereatlanal 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 atlractien to tourists and recreation-seekers. The
Town has attracted many second homeowners bemuse of its "natural resources, abupxlance 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..
J. Preservation of the Rural, Cultural, Commercial and Historical Character of the
Hamlets and Surrounding Area~
The Town of Southold is renowned for its rural cultural, ~ and historic
character. This unique character is recogni?ed in all of the documents reviewed, l~sed on the input of
Town residents, the Final Report and Recommendations states that the ~vo most prevalent and key issues
are keeping growlh in the existing bamlet centers and presen,ing the enhancing the surrounding rural areas.
Additionally. the Master Plan Update recommends the provision for "a community of residential bamiets
that are comprised of a variety of housing opportunities, commercial, service and cultural activities, set in
an open or rural atmospliere 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 To'aaa 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 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 ofthetown:(as stated in past landuse plansand stndies) and the currently existingcondifiona
along fine 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 sUategies 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 hamlet 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-friendly sliopping;
6) to continue to thc 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) lo strengthen the Town's manne-recreational and marine-commercial activities;
9) to encourage the preservation ofparldand and public access to the waterfront;
10) to support tourism by maintaining and strengthening the Town's assets that foster a tourist trade,
namely hamiet center businesses, historic heritage, architecture, a sense of place, of rural and open
charanter, agriculture, and marine activities;
11) to preserve prime farmland; and encourage the diversification of agriculture;
12) to preserve the historic, ealtural, 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 ottt
consideration of the recommendations and comments of our Planning Board, the Suffolk County Planning
Commission, our planning consultant (CCG) and the public comment ~aken at the public hearing and
otherwise, we hereby change the zoning district designation for the parcel known as
SCTM# IOoo-O_q~-Ol. OO-O,R"[.OO~ (and as more fully described
herein below) from the
(/4~) ~/1AL~ff ~)~q;,IW ~f-.ll"~;:/xf~/&l zoning distfict designation to the
zoning district de~ifgnafion.
!
SCTM #1000-035.00-01.00-027.002
Ail that certain plot, piece or parcel of land, with the buildings and improvements thereon
erected, situate, lying and being near Greenport, Town of Southold, County of Suffolk, State of
New York bounded and described as follows:
BEGINNING at a monument set in the Northerly line of North Road
(opposite the Sterling Cemetery) at the Southwesterly comer of the premises herein described and
adjoining land now or formerly of William Pollert;
THENCE along said last mentioned land the following three courses and distances:
1) North 19 degrees 16 minutes 00 seconds West 344.83 feet;
2) North 72 degrees 25 minutes 20 seconds East 169.21 feet; and
(3) South 11 degrees 31 minutes 10 seconds East 331.33 feet to the Northerly line of the North
Road;
THENCE South 66 degrees 01 minutes 20 seconds West along the Northerly line of the North
Road 8.73 feet; and
THENCE South 65 degrees 23 minutes 50 seconds West along the
Section 3.
The zoning map as adopted by section 100-21 of thc Town Code of the Town of Southold is
hereby amended to reflect the witlfin clmnge of zoning district designation for said parcel.
Section 4.
THIS LOCAL LAW SHALL TAKE ElqqzCT IMMEDIATELY UPON FILING WITH THE
SECRETARY OF STATE.
I~GAI. No'neE STATE OF NEWYORi
NOT~CE OF PUBUC HEAR- )SS:
~G ON ^ LOCAL LAW TO COUNTY OF SUF, FOLK)
THE TOWN OF soLrrHoL~ BY of Mattituck, in said
CHANGING
DIS-
county,
being duly sworn, says that he/she is Principal
TRICT DESIGNATION OF SCTM
# lo~-o~soO-Ol.~-m?.oo2 FROM cl~rk of THE SD~FOLK TIMES, a weeM¥ newspapar,
THE H^MLET DENSITY (~D) published at Mattituck, in the Town of Southold,
THEDJSTRICT(R-80) RESIDENTIALDESIGNATIONLowTO County of Suffolk and State of New York, and that the
DENSIT~ DISTRICT D~IONA- Notice of which the annexed is a printed copy, has
TION.
PUBLIC NOTICE IS HEReBy been regularly publi/~hed in said Newspaper once
GIVEN that porsuam to S.ction 265 each week for / wo,~--uccessively,
of the Town Law and mquimmems coff~r~c}na
of the Code of the Town of SouthoJd, of ~.--' _ ~'.~/' ' on the ~ ~7~ day
Suffolk County, New York, that the c~ 20 ('~'~) .
Town Board of the Town of Southuld --
the Aforesakl LOCAL L~W at the
SOLrmOLO TOW~ ~LL, 5:~0~5 (~ Principal Clerk
Main Roed, Southol& New York at
8:05 a.m., Tuesday, Augnft 15, 2000.
The purpose of the Local Law ia to Sworn to be~_~Le me this
Change the Zoning District
Designation of SC'[~[ # t0~l-035,t]CI- day of - \~ ~, ~ .~ ~ 20j~(~
01.00~027.002, on the Town Board's
Own Motion, from the Hamlet
Density (HD) District Designation CHRISTINAT. WEaER
to the (R-80) Residential I~ow Not~yPublic, StateofNewY0rk
Density District Designation. The as-
sussmettt records list Freak ,la.ia Commission Expires December
Mdntosh & Mark Aedarsoa. As
ty, The Property is located on the
north side of Route 25 acroes from
the intersection of Route 2~ and
Manhasset Avenue. The Property
contains approximately 1,1 acres.
The Local Law is ellfitled, "A
LOCAL LAW TO CHANGE THE
ZONING DISTRICT DESIGNA-
TION OF THE PARCEL OF
PROPERTY KNOWN AS SCTM #
1000-035.00-0L00-027.002 FROM
THE 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 any interested persons during reg-
ular business hours.
Any persous desiring to he hoard
on the proposed amendment should
appear, and has the right to appear,
at the time and place above so speci-
fied. Any person also has the right to
submit written comments to the
Southold Town Clerk either prior to
die Public Hearing or at the Pubhe
Heating.
BY ORDER OF THE TOWN
BOARD OF THE TOWN OF
SOUTHOLD, SOUTHOLD, NEW
YORK.
Dated: July 21, 2000
Blizaheth A. Nevffie
Southold Town Clerk
l~16-1TJy27
This is a copy of the Public Hearing Notice as it
LEGAL NOTICE
NOTICE OF PUBLIC H~R-~,~ appeared in the July 27, 2000 edition of the
ING ON,A LOCAL' LAW TO
AMEND THE ZONING MAP OF Suffolk Times.Photocopied by Lynda Bohn
THE TOWN OF SOUTHOLD BY
· CHANGING THE ZONIN~ DIS-
TRICT DESIGNATION OF SCTM
#. 1 ffj0-035.00-01.00~027.002 FROM
THE HAMLET DENSITY (HD)
DISTRICT DESIGNATION TO
THE (R-80) RESIDENTIAL LOW
DENSITY DISTRICT DESIGNA-
TION.
PUBLIC NOTICE IS HEREBY
GIVEN that pursuant to Section 265
of the Town Law and requirements
of the Code of the Town of Southold,
Suffolk County, New York, that the
Town Board of the Town of Southold
will imld a PUBLlC.ltg, A'RING on
tl~ A/~LOC..~I~ r.~.W at the
SOUTHOLD .TOWN;HALL, 53095
Main Road; Southold~ New York at
8.'05 a.m.. Tuesday, August 15. 2000.
The purpose of thc Local Law is to
Change .the Zoning District
Designation ol SCTM# 1000035.00-
01.00-0~.002. on the Town Board's
Own Motion, [rom the Hamlet
Density (H~) DisLrict Designation
'to the IR-80) Residential Low
Density District Destgnation. The
sessment records list ~ lmlla
Mchtosh & M~rg Anderson, As
Trustees m the Owner of the pro~cr-
"ry. The/Pngperty is located on the
north side o! Route 25 ecro~ from
the intersection of Route 25 and
Mnnhassct Avenue. The Property
contains approximately, l.1
Th~ Local Law i~ entitled, 'A
LOCAL LAW TO CHANGE THE
ZONING DISTRICT DESIGNA-
TION OF THE. PARCEL OF
· PROPERTY KNOWN AS SCTM #
1000~035.00-0 L00-02'L002 FROM
THE .HAMLET DENSITY (HD)
DISTRICT DESIGNATION TO
THE (R-80) RESIDENTIAL LOW
DENSITY DISTRiCT DESIGNA-
TION.
Copies of this Local Law are avail-
n~ble ~n the Office of the Town Clerk
to any intqr~ted person~ during reg-
ular business hours.
Any persons desiring to be he~rd
on the propo~ed, amandment should
appear, and ha~ the fight to appear,
9t th~ time and place abo,~e so
fled. Any person also has th~ right to
submit written comments to the
Southold Town Clerk either prior to
tho.l~blic Heating orat the Public
He~uing.
~Y OP. DER OF-~-~ TOWN
BOARD OF THE. TOWN OF
SOUTHOLD, SOUTHOLD, NEW
YORI~. .
Dated: July 21, 2000
., FAiznb~thA. Neville
i , ..... Southgld Town Clerk
ELIZABETH A. NEVILLE Town Hall, 53095 Main Road
TOWN CLERK P.O. Box 1179
REGISTIL~R OF VITAL STATISTICS Southald, New York 11971
MARRIAGE OFFICER Fax (516) 765-6145
RECORDS MANAGEMENT OFFICER Telephone (516) 765-1800
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS
ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
HELD ON SEPTEMBER 28. 1999:
WHEREAS the Town Board of the Town of Southold is considering a change in the
zoning designation from (I-ID) Hamlet Density District to (RS0) Residential Low-Density
of certain parcels of land lying in the Town of Southold identified by SCTM# 1000-
035.00-01.00-27.002; SCTM# 1000-035.00-01.00-27.003; and be it
RESOLVED by the Town Board of the Town of Southold that for the above actions there
is no other involved agency pursuant to SEQRA Rules and Regulations set forth in 6
NYCRR 617.1 et. seq. and Chapter 44 of the Southold Town Code; be it further
RESOLVED by the Town Board of the Town of Southold that for the above actions the
Town Board is Lead Agency pursuant to SEQRA Rules and Regulations set forth in 6
NYCRR 617.1 et. seq. and Chapter 44 of the Southold Town Code; and be it further
RESOLVED by the Town Board of the Town of Southold that these actions each are an
Unlisted Action pursuant to SEQRA Rules and Regulations set forth in 6 NYCRR 671.1
et. seq. and Chapter 44 of the Southold Town Code.
Southold Town Clerk
September 28. 1999
L~GAL NO~C~
NOTICE OF PUBLIC
lNG ON A LOCAL LAW TO
AMEND THE ZONING ~ OF STATE OF NEW YORK)
THE TOWN OF SOUTHOLD BY
CHANGING THE ZONING DIS- }SS:
TRICF OF SCTM # 1000-035.00.
01.00-027.002 FROM the Hamlet COUNTY OF SUI~FOL, K)
D~nsity (HD) District to the R-80 k.~'~ O J% ~- ~)'t{ I L $ of Mattltuck, in said
Residential Low-Density District
(R~0). county, being duly sworn, says that he/she is
PUBLIC NOTICE IS HEREBY
GIVEN that Pursuant to Section Prlllclpal clerk of THE SUFFOLK TIMES, a
2~5 of the Town Law and require- weekly newspaper, published at Mattituck, in
Tents of the Code of the Town of
Southold, Suffolk County, New the Town of Southold, County of Suffolk and
York, that the Town Board of the State of New York, and that the Notice of which
Town of Southold will hold l PUB-
IdC HEARING on tho srores~ld the annexed is a printed copy, has been regu-
LOCAL LAW at the SOUTHOLD larly published in said Newspaper once each
TOWN HALL, S309S Main Road,
Southold, New York, at 9.'00 a.m,, week for . ~ weeks sLteeessivelv,
Monday, October 4, 1999; the Public
Hearing will b~ ¢o.tinued o. commenc~ing , on the c-,~-~')rc~ day
p.m. at the ~me location. The puro ~' ~ {
~ o~ ~ t~ ~ clpal Clerk
i ~I~ _ a! _ _ILl rs~ Sworn to before me this
Frm~ Jmlln Mclmtosh & Mm~
A~m~T~m~asbo~e~of day of ,~5'.~'~. 10
on the north sida of Routn 48 west of MARY DIANA FOSTER
the iflterr, o~tion of Route 48 and
Manhasaet Avenue (cro~ street). NOTARY PUBLIC, STATE OF N~,~,I YORK
NO. 52-4655242, SUFFOLK 00UHTY
The property contains approxi-
mately 1.13 acres. [~0MMiSSION EXPIRES AtJ~UST
This Local Law is entitled, "A
LOCAL LAW TO AMEND THE
ZONING MAP OF THE TOWN
OF SOUTHOLD BY CHANGING
THE ZONING DISTRICT OF
SCTM # 1000-035.00.01.00.027.002
FROM t~ Hamlet Density (HD)
Rceldanthl Lo~-~ ~
Clerk to any interested ~ dur-
ing r~gular busings hours.
A~y~person desiring to ho h~ard
on the proposed amendment should
appear, and has the right to appear,
at the tim~ and place above so spec-
ified. Any person also has the fight
to submit written comments to tho
Southold Town Clerk either prior to
t~¢ public hearing or at the public
hearing,
BY ORDER OF THE TOWN
BOARD OF THE TOWN OF
SOUTHOLD, SOUTHOLD, NEW
YORK.
Dated: 9/14/99
ELIZABETH A, NEVILLE
SOLTTHOLD TOWN CLERK
1890-1TS23
LOCAL LAW NO. OFTHE YEAR 1999.
A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THE PARCEL OF
PROPERTY KNOWN AS Suffolk Count3' Tax Map (SCTM) # lo00 - 0 35 ~ 0 I. O0 - 0 ~ -7. O0 ~
FROM TIIE
(14~) ~blL~'~ ]~Tq~t T)/ ~$/D~-~J~L~oNING DISTRICT DESIGNATION TO THE
(R~'~) lq~lb/3~'l)/~. LO W- ~)~--~-A}c) ~ Ur/ 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 (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 higlfly cherished for their economic value, bul 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 ~cereation.
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 attracted many second homeowners because of its "natural resources, abundance of
open space, farms, picturesque villages, and the ever-present wateffronf' (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, commercial and historic
character. This unique character is recognized irt all of the d~cuments rex4ewed. Based on the input of
Town residents~ the Final Report and Recommendations s~ates that the two most prevalent and key issues
arc keeping growth in the existing hmnlet 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 variety of housing opponunities~ 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. Preseevation 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 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 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:
l) 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 thc 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 opportunities for citizens of different incomes and 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 thc Town's marine-recreational and manne-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, arcbitecture, 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 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. Enactment
Therefore, based upon lbe aforementioned goals and identified needs of the Town and upon our
consideration office recommendations and commcnts of our Planning Board, the Suffolk Coun .ty Planning
Commission. our planning consullant (CCG) and file public comment taken at the public hearing and
otherwise~ we hereby change file zoning districl designation for file parcel known as
SCTM# IOOo-O~fg-O}.O0-Ob2"[.OO~,, (and as more fully described
herein below) from fl~e
(/4~) ~tpt-/IAL~f 13~4a~1W [~Cr~i/~,~cvA~q~,&L_ zoning district designation to the
zoning district designation.
SCTM #1000~035.00-01.00-027.002
Ail that certain plot, piece or parcel of land, with the buildings and improvements thereon
erected, situate, lying and being near Greenport, Town of Southold, County of Suffolk, State of
New York bounded and described as follows:
BEGINNING at a monument set in the Northerly line of North Road
(opposite the Sterling Cemete~) at the Southwesterly comer of the premises herein described and
adjoining land now or formerly of William Pollert;
THENCE along said last mentioned land the following three courses and distances:
1) North 19 degrees 16 minutes 00 seconds West 344.83 feet;
2) North 72 degrees 25 minutes 20 seconds East 169.21 feet; and
(3) South 11 degrees 31 minutes 10 seconds East 331.33 feet to the Northerly line of the North
Road;
THENCE South 66 degrees 01 minutes 20 seconds West along the Northerly line of the North
Road 873 feet; and
THENCE South 65 degrees 23 minutes 50 seconds West along the
Section 3.
The zoning map as adopled by section 100-2l of thc Town Code of the Town of Southold is
hereby amended to reflect the within clmnge of zoning dislrict designation for said parcel.
Section 4.
THIS LOCAL LAW SHALL TAKE EI-'I~ECT IMMEDIATELY UPON FILING WITH THE
SECRETARY OF STATE.
Fc~m 8002* - B~sam and Sale Deed. with Covmsats againat O~mtor's Acts - Individual {~'Gc~porution, (single .,hoer )
CONSULT YOUR LAWYER BEFORE SIONiN(I' THIS INS'I'RUMEN'I' -Tills iN,qI'I([JMIil'~I' ,41 Il)~,ll ,D 1½V, [ ISI~I) BY I AW YF.I~.S ONI ,Y.
TH~INDENTUllE, made be ~ , day of /7~ , nineteen hundred and q¢
BETWEEN
FRANK JUSTIN MCINTOSH, residing at Route 25 at Manhasset Avenue,
Greenport, New York 11944
party
at 113 Brockway, Rockwall, Texas 75087, Trustees of the Frank
McIntosh Qualified Personal Residence Trust
party of the second part,
WlTNESSETH, bat be party of be lira part, ~ con~derafiun ofTen Dollars and ob~
v~uab~ con~d~afion p~d by be party of be second part, does h~eby ~ant and release unto be
party of be second pan, Me heks or mccessors and asdgns of~e ~cond pan ~rever,
All, that ce~ain plot, piece ~ p~cd oflan~ wib be buildings and improvements hereon
ere~e~ ~ate, lyingandbe~g near Greenport, Town of Southold, County
of Suffolk, State of New York bounded and described as follows:
BE~INNIN~ at a monument set in the Northerly line of North Road
District (opposite the Sterling Cemetary) at the Southwesterly corner of
1000 the premises herein described and adjoining land now or formerly
Section of William Pollert;
35
Block
THENCE along said last mentioned land the following three courses
1
Lot 27.2 and distances:
1) North 19 degrees 16 minutes 00 seconds West 344.83
feet;
2) North 72 degrees 25 minutes 20 seconds East 169.21
feet; and
3) South 11 degrees 31 minutes 10 seconds East 331.33 feet
to the Northerly line of the North Road;
T~RNCE South 66 degrees 01 minutes 20 seconds West along the
Northerly line of the North Road 8.73 feet; and
THENCE South 65 degrees 23 minutes 50 seconds West along the