HomeMy WebLinkAboutLL #22 2000THIS IS TO CERTIF1Y THAT THE FOLLOWING LOCAL LAW WAS ADOPTED AT THE REGULAR
MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 12, 2000:
LOCAL LAW 22 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) #1000-035.00-01.00-027.003
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 pa~terns 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 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 s~ong
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 farr~land 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 $outhold relies heavily upon its scenic beauty and open landscapes £ur recreation, clean air
and water, as well as for its attraction to tourists and recreation seekers. The To~vn 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 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 To~vn.
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 in all of the documents reviewed. Based on the input of Town residents, the Final
Report and Recommendations states that the t~vo 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 reconunends the provision for "a community of residential hamlets that are comprised ora
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 wiflmut destroying its traditional economic base, the
natural envirolm~ent of which that base rests, and the unique character and the way of life that defines the
Town is of utmost inrportance" 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 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 fred 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
~vater quality and quantity;
2) to nraintain 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 oppm~cunities 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;
1 l) to preserve prime fanniand; and encourage, the diversification of agriculture;
12) to preserve thc historic, cultural, architectural and archaeological resources of thc 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 fresh~vater 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 Planning
Comnussion, our plam~ing co~asultant (CCG) and the public comment taken at the public hearing and otherwise, we
hereby change the zoning district designation for the parcel kno~vn as
SCTM # 1000~035.00-01.00-027.003 (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 #1000-035.00-01.00-027.003
ALL 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 point on the northerly side of the North Road where said road is intersected
with the Easterly line of and of Frank
Justin Mclntosh, said point of beginning being also on a course South 66 degrees 1 minute 20
seconds West, 694.76 feet from land now or formerly of Ripley;
RUNNING THENCE North 11 degrees 31 minutes 10 seconds West along lands of Frank Justin
Mclntosh, 331.33 feet to a point;
THENCE South 72 degrees 25 minutes 20 seconds West still along lands of Frank Justin
Mclntosh, 169.21 feet to lands now or formerly of Gus Schad;
RUNNING THENCE the following four (4) courses and distances along lands now or formerly
of Gus Schad: 1) North 19 degrees 16 minutes West 205.32 feet; 2) North 65 degrees 47 minutes
10 seconds East 213.37 feet; 3) South 19 degrees 16 minutes East 344.00 feet and ~t,) ~.~o~ r~' //
Section 3.
The zoning map as adopted by section 100-21 of the Town Code of the Town 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
SCTM #1000-035.00-01.00-027.003
ALL 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 point on the northeriy side of the North Road where said road is intersected
with the Easterly line of and of Frank
Justin Mclntosh, said point of beginning being also on a course South 66 degrees l minute 20
seconds West, 694.76 feet from land now or formerly of Ripley;
RUNNING THENCE North 11 degrees 31 minutes 10 seconds West along lands of Frank Justin
Mclntosh, 331.33 feet to a point;
THENCE South 72 degrees 25 minutes 20 seconds West still along lands of Frank Justin
Mclntosh, 169.21 feet to lands now or formerly of Cms Schad;
RUNNING THENCE the following four (4) courses and distances along lands now or formerly
of Gus Schad: 1) North 19 degrees 16 minutes West 205.32 feet; 2) North 65 degrees 47 minutes
10 seconds East 213.37 feet; 3) South 19 degrees 16 minutes East 344.00 feet and q,,) ~r~/ //
ELIZABETH A. NEVILLE Town Hall, 53095 Main Road
TOWN CLERK P.O. Box 1179
REGISTRAR OF VITAL STATISTICS Southold, New York 11971
MARRIAGE OFFICER Fax (631) 765-6145
RECORDS MANAGEMENT OFFICER Telephone (631) 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
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 Density Zoning District Designation to the
R-80 Residential Low Density Zoning District Designation of a certain parcel of land lying in
the Town of Southold identified by SCTM # 1000-035.00-01.00-027.003; 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 rules and regulations,
Eli~abeth A. l~eville
Southold Town Clerk
September 12, 2000
LEGAL NO~CE
NOT1CE OF I~OBLlC HEAR-
]NO ON A LOCAL LAW TO STATE OF NEW¥ORK)
AMEND THE ZONING MAP OF
THE TOWN OF SOUTHOLD BY
CHANGING THE ZONING DIS- CO~[NT~ OF S~UFFO~-K.)
TRICTDESlGNAT1ONOFSCTM \[q_CL/~ ~-' (~)l~'~ t~ of Mattituck, in said
# 1000-035.00-01.00-027.003 FROM
THE HAMLET DENSITY (HD) county, being duly sworn, says that he/she is Principal
DISTRICT DESIGNATION TO clerk of THE SUFFOLK TIMES, a weekly newspaper,
TH~ (R-SO) RESmENUUAL LOW
DENSITY DIST]UCT DESIONA- published at Mattituck, in the Town of Southold,
T]ON. ' County of Suffolk and State of NewYork, and that the
~UBLlC NOT~C~ IS HEREBY Notice of which the annexed is a printed copy, has
GIVEN that pursuant to Section 265
in
said
Newspaper
once
of the Town Law and requirements been regularly
o1' the Code of the Town of $oushold, each week for [ weeks s.ugcessively,
s~ol~ County, New York. that ,~e the I ~-~ ~' ~'~ day
Town Boasd of the Town of So~hokl commencing o~
M~in Road, Southold, New Yo~'k at
5.{10 p.m,, Tuesday, August 29, 2Bi}0. tt ~ Principal Clerk
Th~ ptlrposo of th~ Local Law is to
Ch~ge the Zoning Di~t
D~t~atlon o! SCTM # 10~0-0~0- Sworn to ~,efore me ti~is
0L~0-027,003, on the Town
Ovn~ Motion, from the Han~let day Of ~ CA~,~ ~c-~"~ 20
~ (HD) District
to ~ (R~80) Residential Low
~ Dimict Desiguntion. The as-
~nt reeord~ list Ynmk Juslia
MCllltOMt as the Ovmas' of the prop- Ol~ldla~l~tCot~ly
erty. The Property i~ located on the
north side of Rout~ 23 across from
the intersection ao.te ZS and --C
Manhussot Avenue. The Property
contalas approximately 1.5 acres.
The Local Law is. entitled, "A
LOCAL LAW TO CHANGE THE
ZONING DISTRICT DES-
IGNATION OF THE PARCEL OF
PROPERTY KNOWN AS SCTM #
1000-035.00-01.00-027.003 FROM
THE HAMLET DENSITY (FID)
DISTRICT DESIGNATION TO
THE (R-SO) RESIDENTIAL LOW
DENSITY DISTRICT DESIGNA-
TION.
Copies of this Local Law are avail-
able in the Office of the Town Clerk
to any interested p~rsons during reg~
ular bttsiness hours.
Any persons desiring to lac heard
on the proposed amendment should
appear, and has the fight to appear,
at the thee and place above so speci-
fied. Any person also has the fight to
submit written comments to the
$outhold Town Clerk either prior to
the Public Hearing or at the Public
Hearing.
BY ORDER OF THE TOWN
BOARD OF THE TOWN OF
SOUTHOLD, $OUTHOLD, NEW
YORK.
Dated: August 15, 2000
Elizabeth A. Neville
Southold Town Clerk
I~7~-ITAul7
LOCAL LAW NO. OF THE YEAR 2000.
A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THE PARCEL OF
PROPERTY KNOWN AS Suffolk Count, Tax Map (SCTM) # ! O 00 ~ 0 ~3 5. OO - 0 I, O0 - O~Z'7. L)O ~
FROM THE
~'N?-~I~ ~/~t/kL ZONING DISTRICT DESIGNATION TO THE
)
~) ~{~,C~tE:~r~A~I~ LD~t-D~/X}.~}V ZONING DISTPdCT DESIGNATION.
BE IT ENAL'rt~D BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS:
Section 1. Legislative lntent
Consistent with our comprehensive land use plan and our established objeetives 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 uae studies and plans developed heretofore, we hereby
determine that it is necessary and desirable to revise and amend the zoning de~dgnation 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 thc Town and which are
intended to foster a strong economy and which encourage and preserve the existing high quality of
life, as more specifically set forth herein below:
I. Preservation of Farmland and Agriculture
Farmland is a valuable and dynamic industry in the Town of Southold. Tlxe open
farmlar~s are not only highly cherished for thek economic value, but for the scenic vistas they provide.
The open space and scenery created by farmland addilionally conffibutes to the quality of life of the
residents, wlxile promoting tourism and recreation.
2. Preservation of Open and Recreational Space
The Town of Southold relies heavily upon its scenic beauty and o{xgn land,seapes for
recreation, clean air and water, as well as for its attraction to tourists and recreation-seekers. The
Town has attracted many second horacowncrs because of its "natural resource% almpxlance 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, subuthan 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 Historlr. al C'haracter of the
Hamlets and Surrounding Areas
The Town of Southold is renowned for its rural, cultural, conune~ial anti historic
character. This un/que character is recognized in all of the documents reviewed. Based on the input of
Town resider0s, the Final Report and Recommendations states that the two most p~val~t and key issues
arc keeping growth in the existing hamlet centers and preserving ~he enhancing file surrounding rural areas.
Additionully. 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 cultaral 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, the natural environment of which tlmt 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 degTade the subsurface water quality.
The outstanding needs enumerated below arc the culmination of careful compavisun of the ~tent 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 ~ill 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 commemial, residential, and cultural
activity;
3 ) To preserve the open, agricultural and rural character of areas outside of tile 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 mmxSmize the Town'S natural assets, inchiding its coastal location and agricultural base, by
balancing commercial, residential and recreational uses;
8) to strengthen the Town's me-recreational and me-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 ntral and open
character, agriculiure~ 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 handel 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. Enactmenl
Therefore, based upon thc aforementioned goals and identified needs of the Town and upon our
consideration of the recommendations and comments of our Planning Board, the Suffolk County Planning
Commission~ our planning consultant (CCG) and ~he public comment taken at the public heanng and
othcrwise we hereby change the zoning dislxict designation for file parcel known as
SCTM# iO00'~O~'~5.00-Ol. O0--O~e~-O0~ (and as more fully described
herein below) from file
(14't)) ~(fODl?l~ D~e'~'I~ ~-~%lOi~D/¥1.. zonmg district designation to the
(:[~0) ~gIP~'N~ 1431/1/-1)~7~(7-~ zoning distfict designation.
SCTM #1000-035.00-01.00-027.003
ALL 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 point on the northerly side of the North Road where said road is intersected
with the Easterly line of and of Frank
Justin Mclntosh, said point of beginning being also on a course South 66 degrees 1 minute 20
seconds West, 694.76 feet from land now or formerly of Ripley;
RLrNN1NG THENCE North 11 degrees 31 minutes 10 seconds West along lands of Frank Justin
Mclntosh, 331.33 feet to a point;
THENCE South 72 degrees 25 minutes 20 seconds West still along lands of Frank Justin
Mclntosh, 169.21 feet to lands now or formerly of Gus Schad;
KUNN1NG THENCE the following four (4) courses and distances along lands now or formerly
of Gus Schad: 1) North 19 degrees 16 minutes West 205.32 feet; 2) North 65 degrees 47 minutes
10 seconds East 213.37 feet; 3) South 19 degrees 16 minutes East 344.00 feet and ~t) o<:~ r6' //
Seclion 3.
The zoning map as adopted by section 100-21 of the Town Code of the Town o£ Southold is
hereby amended to reflect the within change of zoning dislrict designation for said parcel.
Section 4.
THIS LOCAL LAW SHALL TAKE EFFECT IMMEDIATELY UPON FILING WITH THE
SECRETARY OF STATE.
t~G~.]~o~c[ STATE OF NEWYORK) ~S - I - ~ .-~
NOTmE OP ~USL~C ~AR- )SS:
lNG ON A LOCAL LAW TO C~N~ OF ~F~OL~
AMEND THEZON~GMAPOF ~ ~ ~///~'~ of Maffituck, in said
~E TO~ OF SO~O~ BY
CHA~G[NG ~ ZONING DIS- count, being duly sworn, says that he/she is Principal
TEI~ DESIGNATION OF S~ clerk of THE SUFFOLK TIMES, a weekly newspa~r,
THE HAMLET DENS!~ (~) published at Ma~ituck, in the Town of Southold,
D[STm~ DESIGNATION TO Coun~ of Suffolk and State of NewYork, and that the
~E (R-~) ~S[DE~ LOW
D[NSIW DI$~I~ DESIGNA- Notice of which the annexed is a printed copy, has
~oN. been regularly published in said Newspaper once
PUBLIC NO~CE IS ~REBY each week ~r / weeks successively,
GIVEN that pum~t to S~ion ~5
of m~ To~ L~ and ~e~ms co~n,cing on the ~ ~ day
Suffolk County, New Yor~ that the
Town Board of the Town of Southold
th~ ~or~ LOCAL ~W at the ~
SOUTHOLD TOW~ ~LL,
Main Road, Southold, ~ew York at
8:05 a.m., ~esday, August. 15, 2~. 0worn to b,~~
~e pu~ of ~e ~1 ~w is to
Change the Zoning District day of ~ 20
Designation of S~ ~
01.~7.~3 on the Town Board's
Own Motion, from the Hamlet CHRIS,NAT. WEBER
Density (~) D~tHct. Designat on NotaF Public, State 0f New
to the (R-80) Residential Low No. 01WE60~
Density District De~gnation. ~e m- Cc~i.sbn Expires Decem~r ~3,~
Mel~osh ~ the Owner of the prop- ~ ~
ao~h side of Rou~e ~ a~ from
LOCAL ~W TO CH~GE THE
ZONING DISTRI~ DESIGNA-
able in the Off~ of the To~
fled. Any pe~n al~ h~ ~e fi~t to
Southold Town Clerk eithe~ pdor to
Headn$.
BY o~ER OF ~E TOWR
BOARD OF ~E TO~ OF
so--OLD, soU~O~, NEW
YORK.
Dated: July 21, ~
E~ A.
1417-1TJ~
This is a copy of the Public Hearing Notice as it
?~ ~ LEGAL NOIICE
NOTfC~OF PHEUC HEM- appeared in the July 27, 2000 edition of the
INO ON A LOCAL L~W TO
.~D 'nm zo~ ~ ov Suffolk Times. ~hoto~op~ea ~v L~ ~oh~
~ XO~ O~ SO~O~ ~v
~ING ~ ZONING DIS-
~ D~IQNA~ON OFS~
~ 1~35.~1;~7,~ ~OM
~ ~MLET DENSI~ (~)
DISTRI~ DESIGNATION TO
~ (R-80) ~IDE~ LOW
D~$I~ DIS~I~ DESIGNA-
~ON. ~ ·
~uc ~0T~c~ iS
~I~ ~at pm~t to Section ~
of ~ Town ~w and r~quir*m*n~
of ~* Code of ~e Town of Sou~old,
S~olk ~unty, N~w York, that th~
To~n Board of the Town o[ Southold
'will ~ld a PUBLIC HEA~NG on
~ Afom~d ~CAL ~W at the
SOU~OLD TOWN ~LL,
~ Road, Southold, New York at
8:~ a.m., ~y, Aught 15, ~.
~ purpose of ~e ~1 ~w ~ to
Changa the ~ning D~trict
~ation o~ S~ ~
01.~7.~3, on ~e.Town B~d~
Own Motion, from the Ha~t
Da~ty (HD) Dist~ct D~i~aflon
to ~s (R~0) R~ntlM ~
~ansity D~t~t Da~lnation. ~a ~
~M~t~h ~ fha Own*~ of th~ prop-
north a de o~ Routo ~ acro~ from
tho ~tor~etlon of Routo ~ ~d
M~ha~al Avenue. ~e Pro~rty
~nmina appr~imatoly 1,S
~_L~l ~w ia:entitle, ~A
~L ~W TO CHANGE ~E
ZONING DISTRI~ DESIGNA-
TION OF THE PARCEL OF
PROPER~ KNOWN AS S~M
1~35.~01.~-027.~3 FROM
THE HAMLET DENSITY (HD)
DISTRI~ DESIGNATION TO
THE (R~ R~IDENTIAL LOW
DENSI~ DISTRIG D~IGNA-
TION,
~piea of thin ~1 ~w~e avail-
abl~ in tha Offi~ of tho Town Cl~rk
to any intereated pe~ns durin~
ul~ b~n~ ~.
.Any ~ ~ ~.~ ~rd
fi~. Any ~raon a~ has ~ ~t to
aub~t ~ritten commenta to tho
~u~old Town ~ork ei~er ~.to
th~ ~blic He~g or at th~ ~b~c
H~g.
BY O~ER OF ~E TO~
BOARD OF THE TOWN OF
so~O~, So~D, NEW
YORK.
Dat~: July 21, ~
~u~9~ Town
- 1417-1T~
lNG ON A lOCAL LAW TO
AMENI} ~ ZON1NO MKP OF
~E TO~ OP SOU~OLD BY STATE OF ~W YO~)
CHANGIN~ ~ ~NIN~ DIS-
TRI~ OF S~ ~ 1~35.~-
01.~27.~3 FROM t~ Ham~t CO~ OF S~FOLK)
De~i~ (~) Dis~ct to the R~
PUSLIC NOTI~ ~S m~Y CO~, berg d~y sworn, says ~at he/she is
GIVEN that ~uant to ~tion
26~ of the To~n ~w ~d mui~- ~clp~ clerk of T~ SUFFOLK T~S, a
men~ of the ~e of ~e T~ of
S~thold, Suf[olk ~unty, New wee~y newspaper, pubBshed at Matatuck,
York, that the T~n ~rd ~ the ~e To~ of Sou~old, Co~W of 8~folk
Town of ~uthold ~ bom a
uc a~.ms~ ~ ~ ~ State of New York, ~d ~at ~e Noace of w~ch
~AL ~W at the ~OLD ~e ~ed is a p~ted copy, h~ been re~-
TO~ HALL, 5~ M~ R~,
~uthold, New Yor~ at 9~ a.m,, l~ly pubBshed ~ s~d Newspaper once each
Money, ~t~r 4,1~; t~ ~bllc
week
for
weeks
Hearing will ~ ~tinu~ on [ s~ccess~ve.y,
~, ~o~ ~, 1~ ~t ~:~ commenqing , on the ~c~ day
p.m. at ~e ~ I~ti~. ~e pur-
the ~n~g Disffi~ of 8~ ~ 1~
~.~~~ ~ ~ ~ P~cip~ Clerk
7
~ ~ ~ ~ ~ ~ Sworn to before me ~s
Imted on the noRh si& of Route ~Ja°'r of ~ 19
~ west of the intention of Rou~
street). ~e pm~rty contains ~ /~ . MARY DIANAFOSTER
approximately 1.~ a~s. ~ NOTA~Y PUBLIC, STATE 0F N~ YORK
~is ~1 Mw ~ entitle, "A N0. 524655242, 8UFFOLE COUN~
LOCAL LAW TO ~END ~E
ZONING MAP OF ~E ~
OF SO--OLD BY ~NGING
THE ZONING DISTRI~ OF
S~M ~ 1~35.ffi~1.~27,~3
FROM the Hmlet Den~ty (HD)
District Designation to the R-~
Residential ~w-Density District
Designation."
Copies of this ~al Law are
available in the Offi~ of the Town
Clerk to any ~terested ~ns dur-
ing regular busine~ bourn.
Any ~n desiring to ~ heard
on the proud amendment should
ap~ar, and has the right to a~ar,
at the time and pla~ a~ve m s~c-
ified. Any ~n a~ ~ the
to submit written mmments to the
~uthold Town Oerk either ~or to
the ~blic hearing or at the public
hearing.
~Y OgDE~ OF ~E TO~
BOARD OF THE TO~ OF
SO.HOLD, SO.HOLD, NEW
YORK.
Dat~: 9/1~
ELIZABE~ A. NEVIL~
SO--OLD ~ ~RK
1891-1~23
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 -O~3~.OO -01.00 -051.7. [~OB
FROM THE
) ~Z~qA~-'/- [2~:Tq,~}ff-x(/q,Ec31D~333-//~/ ZONING DISTRICT DESIGNATION TO THE
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 Connty 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 reore 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. Pre~rvation of Open and Recreational Space
The Town of Southold relies heavily upon its scenic beauty and open landscapes for
recreatiorc 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-preseat 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, commercial and historic
clmracter. Tltis 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 thc enhancing the surrounding rural areas.
Additionally. the Master Plan Updale recommends the provision for "a community of residential hamlets
that arc comprised of a variety of housing opporlunitics- commerciak service and cultural activities, set in
an open or mml 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 enviromnent of which that base rests, and file 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 file Town's natural environment from wetlands to
woodlands and to "achieve a land usc pattern that is sensitive to the limited indigenous
water supply and will not degrade the subsurface water qnality.
The outstundmg needs enumerated below are the culmination of eareful comparison of the intent and
objectives oftbe town (as stated in past land use plans and studies) and the cunenfly 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, residentiak and cultural
activity;
3 ) To preserve the open, agricultural and rural character of areas outside of the l~amlet 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 the Town's marine-recreational and marine~commercial activities;
9) to encourage file preservation of parkland and public access to the waterfront;
10) to suppor! 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
characler, agriculture, and marine activities;
1 l) to preserve prime farmlund; 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 taxbase;
16) to preserve the integrity of the Town's vegetative habitats, including freshwater wetlands and
woodlands.
Section 2. Enactmenl
Therefore, based upon lhe aforementioned goals and identified needs of the Town and upon our
consideration of the recommendalions and comments of our Planning Board, the Suffolk County Planning
Commission. our planning consulkant (CCG) and the public commen! taken at the public beanng and
otherwise, we hereby change thc zoning district designation for tile parcel known as
SCTM# i000 '- O ZT~ ~. 00-01.0{-9 -- O,Q T~. O0 3 (and as more fully described
herein below) from file
) ~tlJL~q~' Z)~Ixl~'~-U~ ~V-.,r~I O~xJ-D~ / zoning district designation to the --~?~ I'"/-7 zoning dim'ict designation.
SC TM # 1000-035.00-01.00-027.003
ALL 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 point on the northerly side of the North Road where said road is intersected
with the Easterly line of and of Frank
Justin Mclntosh, said point of beginning being also on a course South 66 degrees 1 minute 20
seconds West, 694.76 feet from land now or formerly of Ripley;
RUNNING THENCE North 11 degrees 31 minutes 10 seconds West along lands of Frank Justin
Mclntosh, 331.33 feet to a point;
THENCE South 72 degrees 25 minutes 20 seconds West still along lands of Frank Justin
Mclntosh, 169.21 feet to lands now or formerly of Gus Schad;
RUNN1NG THENCE the following four (4) courses and distances along lands now or formerly
of Gus Schad: 1) North 19 degrees 16 minutes West 205.32 feet; 2) North 65 degrees 47 minutes
10 seconds East 213.37 feet; 3) South 19 degrees 16 minutes East 344.00 feet and ~,,) ~,':'~t //
V
? z,. ce-U ,',,..6;'
Section 3.
The zoning map as adopled by section 100-21 of the 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 EFFECT IMMEDIATELY UPON FILING WITH THE
SECRETARY OF STATE.
Form 8002' - Bartam ~md Sale Deed, wi~ Coveal~lts aga/nst Grtmto~s Acts - Individual ~ Corpolati~, (single sheet)
CONSULT YOUR LAWYER BEFORE SIONING THIS INSFRUMENT - Tills INSTRUMENT SHOULD BE USED BY LAWYERS ONLY·
THIS INDENTURE, made the ~½~ , day of ~ , nineteen hundred and m &e.~/
BERlqICE SCItOFIELD, residing at 13340 Re,dfern Lane, Dallas,
Texas 75240, being the sole heir at law and next of kin of Jerry
H. Schofield a/k/a Gerald H. Schofield who died a resident of N.Y.
County on April 3, 1978
party of the first part, and
FRANK JTJ-~TII~ ~ICII~TO$1{, residin~ at 235 East 57th Street, New
York, New York 10022
party of the second pail0 12 17 2 I
WITNESSETH, that the party of the first part, in consideration of FIFTEEN THOUSAND
DOLLAR. S ($15,000.00) and other valuable consideration paid by the party of the second part,
does hereby grant and release unto the party of the second part, the heirs or successors and assigns
of the second part forever,
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon
erected, situate, lying_audbe~rmar Greenport, Town o,f. Southold~ County of
Suffol~e~sff~New York bounded and dese~ib~
ING at a point on the northerly side of the North Road where
)istricb said road is intersected with the Easterly line of land of Frank
1000 Justin McIntosh, said point of beginnin9 being also on a course
;ection South 66 degrees 1 minute 20 seconds West, 694.76 feet from land
035.00 now or formerly of Ripley;
O1.00
,or RUiXlNING THENCE North 11 degrees 31 minutes 10 seconds West along
027.003 lands of Frank Justin McIntosh, 331.33 feet to a point;
THENCE South 72 degrees 25 minutes 20 seconds West still alon9
lands of Frank Justin McIntosh, 169.21 feet to lands now or
formerly of Gus Schad;
RUNlgING TItENCE the following four (4) courses and distances alon9
lands now or formerly of Gus Schad:
1) North 19 degrees 16 minutes West 205.32 feet;
2) North 65 degrees 47 minutes 10 seconds East 213.37 feet;
3) South 19 degrees 16 minutes East 344.00 feet and
4) South 11 degrees 31 minutes 10 seconds East 210.00 feet to
the northerly side of the North Road;
TttENCE South 66 degrees 1 minute 20 seconds West along the
Northerly side of the North Road 60.00 feet to the point or place
of BEGIN~IING.
SAID Justin Mclntosh having acquired
title by a deed from Gus S~had dated 11/24/72 in Liber 7290 cp
598 · /
TOGETHER with all the right, title anti interest, if any, of the party ofth~ first part in and to any
streets and roads abutting the above dpscribed premises to the center lin~s thereof; TOGETHER
with the appurtenances and all the estpte and rights of the party of the fi~st partin and to said
premises; TO HAVE AND TO HOLD the premiases herein granted un~o the party of the second
part, the heirs or successors and assfgns of the party of the second palforever.
AND the party of the first part co~enants that the patty of the first pa/it has not done or suffered
anything whereby the said premis~ have been encumbered in any wa~ whatever, except as
aforesaid. /
AND the party of the first pa~ in compliance with Section 13 ofthet Lien Law, covenants that the
party of the first part will recerve ~he consideration for this convey~hceand will hold the right to
receive such consideration as a trust fundto 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 beforwe
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 WHE~REOF, the ~/arty of the first part has duly ex cuted this deed the day and year
first above written.
iN PRESENCE OF: I
~ ' by Christine C. Anderson Attorney In Fact