HomeMy WebLinkAboutLL #42 2000LOCAL LAW OF THE YEAR 2000
A I, OCAI, LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THAT CERTAIN
PART OF THE PARCEL OF PROPERTY KNOWN AS Suffolk County Tax Map (SCTM) #1000-
074.00-04.00-009.000 FROM THE (B) GENERAL BUSINESS ZONING DISTRICT
DESIGNATION TO THE (LB) LIMITED BUSINESS ZONING DISTRICT DESIGNATION.
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS:
Section 1. Legislative Intent
Consistent with our comprehensive land use plan and our established objectives and goals as reflected by
the existing zoning patterns within the Town, and based upon our current County Route 48 Land use study as well as
numerous land use studies and plans developed heretofore, we hereby determine that it is necessary and desirable to
revise and amend the zoning designation applicable to the parcel identified herein as well as other lands; thus, we
hereby identify' and adopt the following overall themes of (I) Preservation of Farmland and Agriculture; (2)
Preservation of Open and Recreational Space; (3) Preservation of the Rural, Cultural, Commercial and Historical
Character of the Hamlets and 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 let forth herein
below:
1. Preservation or Farmland and Agricultural Use
Farmland is a valuable and dyuamic 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. Preservatiou of Open and Recreational Space
The 1 o;~n 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,
farnts, 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 f'exv 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 in all of the documents reviewed. Based on the input of Town residents, the Final
Report and Recommendations states that the two most prevalent and key issues are keeping growth in the
existing hamlet centers and preserving the enhancing the surrounding rural areas. Additionally, the Master
Plan Update recommends the provision for "a community of residential hamlets that are comprised of a
variety of housing opportunities, commercial, service and cultural activities, set in an open or rural
atmosphere and supported by a diversified economic base (including agriculture, marine commercial and
seasonal recreation activities)."
4. Preservation of the Natural Environment
Acconm~odating "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 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:
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
l~)
12)
13)
14)
15)
16)
to provide for viable land use development at levels of intensities which are sensitive to
subsurface water quality and quantity;
to maintain and strengthen hamlet centers as the focus of commercial, residential, and
cultural activity;
to preserve the open, agricultural and rural character of areas outside of the hamlet
centers;
to provide tbr a variety of housing opportunities for citizens of different incomes am age
levels;
to enhance the opportunities for pedestrian-friendly shopping;
to continue to the support of the Town's agricultural economy;
to maximize the Town's natural assets, including its coastal location and agricultural
base, by balancing commercial, residential and recreational uses;
to strengthen the Town's marine-recreational and marine-commercial activities;
to encourage the preservation of parkland and public access to the waterfront;
to support tourism by maintmning 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;
to preserve prime farmland; and encourage, the diversification of agriculture;
to preserve the historic, cultural, architectural and archaeological resources of the Town;
to ensure visual quality of hamlet centers;
to encourage appropriate land uses both inside and out of hamlet centers;
to promote balanced economy and tax base;
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 Planning
Commission, our planning consultant (CCG) and the public comment taken at the public hearing and
otherwise, we hereby change the zoning district designation for that certain part of the parcel known as
SCTM # 1000-074.00-04.00-009.000 (and more fully described herein below) from the (B) GENERAL
BUS[NESS zoning district designation to the (LB) L1MITED BUSINESS zoning district designation.
SCTM # 1000-074.00-04.00-009.000
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon I
erected, situate, lying and being in the
ALL that certain plot, piece or parcel of Iand situate, lying and being at Peconic, in the Town of
Southold, County of Suffolk and State of New York, bounded and described as follows:
BEGINNiNG at a point on the southeasterly line of the North Road (Middle Road or C.R 45) as
widened; about 975.00 feet southwesterly along said line from the southwesterly line of Peconic
Lane. being intersection of said southeasterly line with the northeasterly line of a certain private
road; and
RUNNING THENCE along said southeasterly line of the North Road North 52 degrees 48' 50"
east 112.66 feet to land now or formerly of Case;
HENCE along said land of Case and along land now or formerly of R. Chilton south 38 degrees
2I 150" east 464.82 feet to the land of the Long Island Rail Road;
HENCE along the last mentioned land south 55 degrees 05' 20" west 112.84 feet to the
northeasterly line of thc aforesaid Private Road; and
HENCE along the northeasterly line of said Private road north 38 degrees 2 i' 50" west 460.36
feet to the point or place of BEGINNING.
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.
STATE OF NEW YORK )
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being
duly sworn, says that on the 11 t~, day of October ,2000, she affixed a
notice of which the annexed printed notice is a tree copy, in a proper and substantial
manner, in a most public place in the Town of Southold, Suffolk County, New York, to
wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York.
Notice of Public Hearing for the following two Route 48 properties:
Part of 1000-074.00-04.00-009.000
1000-074.00-04.00-010.000
Southold Town Clerk
Sworn before me this
1 lth day of October ,2000.
Public
LYNDA M. BOHN
NOTARY PUBLIC;, State of NeW YO~
No. 01BO6020932
Oualified in Suffolk Counfl~
Term Expires March ii,
I~G~L NO~ICE
NOTICE OF PUBLIC HEAR-
lNG ON A LOCAL LAW TO
AMEND THE ZONING MAP OF
THE TOWN OF SOUTHOLD BY
CHANGING THE ZONING DIS-
TRICT DESIGNATION OF THAT
PART OF SCTM # 1000-074.00-
04.00-009.000 THAT IS CURRENT-
LY IN THE GENERAL BUSINESS
(B) DISTRICT DESIGNATION
FROM THE GENERAL BUSI-
NESS (B) DISTRICT DESIG-
NATION TO THE RESIDENTIAL
OFFICE (Re) DISTRICT
DESIGNATION.
PUBLIC NOTICE IS HEREBY
GIVEN that pursuant to Section 265
of the Town Law and requirements
of the Code oI the Town of Southold,
Suffolk County, New York, that the
Town .Board of the Town of
~11 ~dd a PUBLIC HEARltq~
lira ~k~r~sahi LOCAL LAW as a~
SOUTHOLD TOWN HALL,
Main Road, Southold, New ~ at
5.~0 p.m., Tuesday, August 29, 2~0.
The porpose of the local Law b to
Change the Zoning
l~i~ation of that part of $CTM #
1000-074.00.04.00- 009.000 which
currnntly zoned in the C~ae. ral
Bminess (B) district designating
the Town Board's Own Motion, from
the General Business (B) District
Designation to the Residential
Office (RO) District Designation,
The assessment records list Andreas
& Stacy Paliouras as the Owner of
the property. The Property is located
on the south side oI Route 48 east of
Private Road. The Property contains
appsoXunately L18 acres.
The Local Law is entitled, "A
LOCAL LAW TO CHANGE THE
ZONING DISTRICT DES-
IGNATION OF THAT PART OF
THE PARCEL OF PROPERTY
KNOWN AS SCTM # 10004374.00-
04.00-009.000 THAT IS CURRENT-
LY IN THE GENERAL BUSINESS
(B) DISTRICT DESIGNATION
FROM THE GENERAL
BUSINESS (B) DISTRICT DESIG-
NATION TO THE RESIDENTIAL
OFFICE (Re) DISTRICT DES-
IGNATION.
Copies of this Local La~, are avail-
able in the Office of the Town Clerk
to any interested persons during reg-
ular business hours,
Any persons desiring to be heard
on the proposed amendment should
appear, and has the fight 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
the Public Hearing or at the Public
Hearing.
BY ORDER OF THE TOWN
BOARD OF THE TOWN OF
SOUTHOLD, SOUTHOLD, NEW
YORK.
Dated: August 15, 2000
Elizabeth A. Nev:"-
Southold Town C
1505-1TAu17
STATE OF NEWYORK)
)SS:
COUNTY OF S~UFFQI~K),
~._)~L-~/~ [~. (,/~)l{l~ ~ of Mattituck, in said
county, being duly sworn, says that he/she is Principal
clerk of THE SUFFOLK TIMES, a weekly newspaper,
published at Mattituck, in the Town of Southold,
County of Suffolk and State of NewYork, and that the
Notice Df which the annexed is a printed copy, has
been regularly published in said Newspaper once
each week for[ we.e~s,~_uccessively,
the
comme~ncing ~qon
of [~,tj(, (~ ~
Sworn to b~?re me thi~
day of ~j~ ~ (.4 ~ C
day
20 t'~ ·
(J Principal Clerk
20_QD__
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
THE (ffid _/ff~,O~'/p_.~ { ""~c' ~t',,.l~-~_~ ZONING DISTRICT FROM
ZONING DISTRICT DESIGNATION TO THE
(~ /~',~l~=,'~,3'/"i'~r~... O~'~:::/~g'- ZONING DISTRICT DESIGNATION.
BE IT ENACrED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS:
Section 1. Legislative Intern
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 wblch are
intended to foster a strong economy and which encourage and preserve the e~isting high quality of
llfe, 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 contn'butes to the quality of life of the
residents, while promoting tourism and recreatiOrL
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 arb-acted many second homeowners because of its ~'natural r~ourees, ab,ncl~nce of
open space, farms, picturesque villages, and the ever-present waterfront" {Master Plan Ulxlate,
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, submtnm sprawl and
water supply issues. ~ preservation of open and recreational space is not only aesthetic, but also
a nec~sity for the pres~m and future needs of the Town.
3. Preservation of thc Rural, Cultural, Commercial and Historical Character of the
Hamlets and Surrounding Areas
The Town of Southold is reno~aed 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 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 communi~, of residential hamlets
that are comprised of a variety of housing opportunities, commercial, service and cultural activities, set in
an open or rural atmosphere and supported by a diversified economic base (including agriculture, marine
commercial and seasonal recreation activities)."
Preservation of the Natural Environment
Accommodating "growth and change within the Town without destroying its traditional
economic base, the natural em'ironment of which that base rests, and the unique character
and the way of life that deflnc~ the Town" is of utmost importance" (Ground Watershed
Protection and Water Supply Managemem Strategy). The Master Plan Update
recommends preservation oflhe Town's natural environment from wetlands to
woodlands and to "achieve a laext use pattern that is sensitive to the limited indigenous
water supply and will not degrade the subsurface water quality.. -
The outstanding needs enumerated below am the culmination of carefifl comparisun of thc intent and
objectives of the town (as stated in past land usc plan~ 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 corifiicting development strategics for such areas. These outstanding needs we find
exist throughout the Town and are specifically idemified 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 mamtainandstrengthenhamietcemersasthefocnsofcommemial, rcsidential, 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 OlYportanitics for pedemian-fi'iendly 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 n~a~ational uses;
8) to st~gthen the Town's marine-recrealimml and marine-commercial activities;
9) to enenumge the preservation ofparldand and public access to the wat~afiunt;
10) to support tourism by maintaining and smmgthening the Town' s assets that foster a tourist Wade,
namely hamlet center businesses, historic heritage, architecture, a sense of phce, of rural and open
character, agriculture, and marine activities;
11) to preserve prime farmland; and encourage the diversifivatian of agriculture;
12) to preserve the historic, cultural, architectural and arcbacological resources of the Town;
13) to ensurevisualqualityofbamlet ecme~s;
14) to enecumge 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 fieshwater wetlands and
woodlands.
Section 2. Enactment
t~7~ q'~ h n .v
SCTM#/~70.,O~/3/.~y-O--O~.~D- is more fully descfibed e~i ~1o~. A~ofS~0
( ~ ) ~~ ~ ~, ,.~ t30~5 zoning distdO ~ d~t~ by the ~mg ~p of
· e To~. Bas~ u~n fl~e aforemenfion~ g~s ~ identifi~ n~s of~e To~ ~ u~n our
mnsi&mtion of ~e recommen~tions ~d ~enU of our Pl~ing ~ ~e S~o~ Co~ Plug
Co--iota our pl~ing ~nmlmnt (CCG) ~ ~e public mmment ~m at ~e public h~g ~d
o~em~, we he,by c~ge ~e zon~g ~s~ d~i~fion of ~t p~ of ~e ~l i&n~t~ by S~ ~
zoning district designation from the
zoning district designation to the
zoning dimict designation.
SCTM # 1000-074.00-04.00-009.000
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon
erected, situate, lying and being in the
ALL that certain plot, piece or parcel of land situate, lying and being at Peconic, in the Town of
Southold, County of Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point on the southeasterly line of the North Road (Middle Road or C.R. 45) as
widened; about 975.00 feet southwesterly along said line from the southwesterly line of Peconic
Lane, being intersection of said southeasterly line with the northeasterly line of a certain private
road; and
RUNNING THENCE along said southeasterly line of the North Road North 52 degrees 48' 50"
east 112.66 feet to land now or formerly of Case;
THENCE along said land of Case and along land now or formerly of R. Chilton south 38 degrees
21' 50" east 464.82 feet to the land of the Long Island Rail Road;
THENCE along the last mentioned land south 55 degrees 05' 20" west 112.84 feet to the
northeasterly line of the aforesaid Private Road; and
THENCE along the northeasterly line of said Private road north 38 degrees 21' 50" west 460.36
feet to the point or place of BEGINNING.
Sex:lion 3.
The zoning map as adopted by section 100-21 of the Town Code of tile Town of Southold is
hereby amended to reflect the within change of zoning dislric! designation for said parcel.
Section 4.
THIS LOCAL LAW SHALL TAKE EFFECT IMMEDIATELY UPON FILING WITH THE
SECRETARY OF STATE.
INO O~ A ~:TO
AMEND THE ZONING MAP OF
THE TOWN OF SOUTHOLD BY
CHANGING ~ ZONF~G DIS-
TRICT DB$IGNATION OF THAT
PART OF SCTM # 1000-074~00-
04.0~09.fl00 THAT IS CURRENT-
LY IN THE GENERAL BUSINESS
(B) DISTRICT DESIGNATION
FROM THE GENERAL
BUSINESS (B) DISTRICT DESIG-
NATION TO THE RESIDENTIAL
OFFICE (RO) DISTRICT
DESIGNATION.
PUBLIC NOTICE I$ HEREBY
GIVEN that pursuant to Section 265
of the Town Law and requirements
of the Code of the Town of Southold,
Suffolk Cormty, N~w York, that tha
Town Board of the Town 6f Southoid
w~i hold 8 PUBLIC HEARING on
the A/or.aid LOCAL LAW at the
SOUTHOLD TOWN HALL, 53095
Main Road, SouthoM, New York at
8:05 a.m., Tuesday, August 15, 2000.
The !~trpose of, the Local Law is to
C~ange the Zoning District
D~signation of that part.of SCTM #
1000074.00-04.00-009.000 which is
, Bu~ine~ (B) district dasignation, on
the Town Board's Own Motion, from
the Gooeral B~x~ine~ (B) Dis~ct
De$i§oetion to the Residential
Office (RO) District Desi~natlon~
& SL~y p~iour~ ~s the Owner of
the p~ope~y. Th~ ~opcrty i~ ~ocated
on the south side of Route 48 east of
Private Road. The Proper~y c0nt aim
approximately 1.18 ecres.
The Local .Law is entitled, "A
LOCAL LAW TO CHANGE THE
ZONING DISTRICT DESIGNA-
TION OF THAT PART OF THE
PARCEL OF PROPERTY
KNOWN AS $CTM # 1000-074,00-
04.00-009.000 THAT IS CUR-
RENTLY IN THE GENERAL
BUSINESS (B) DISTRICT DESIG-
NATION FROM THE GENERAL
BUSINESS (B) DISTR1CT DESIG-
NATION TO TH~ RESIDENTIAL
OFFICE (RO) DISTRICT DESIG-
NATION.
Copies of this Local Law are avail;
able in tho Office o! the Town Clerk
to any interested persoas during reg-
ular business horn's.
Any persun~ de~idng to be heard
on the p~ amendment should
appear, and has th~ right to appel,
at the time and place above so speca-
fled. Any person also has the fight to
submit written comments to the
$outhold Town Clerk either prior to
the Public Hoaring or at the Public
Hearing.
BY ORDER OF TH~ TOWN
BOARD OF THE TOWN OF
$OUTHOLD, SOUTHOLD, NEW
YORK.
Dated: July 21, 2000
Elizabeth A. Neville
Southold Town Clerk
1408,1Tly'27
STATE OF NEWYORK)
)SS:
_c~Q(oUNTY QF SUF,F~)~,K)
fir) ~-' {'~)'/I/f~ of Mattituck, in said
county, being duly sworn, says that ha/she is Principal
clerk of THE SUFFOLK TIMES, a weekly newspaper,
published at Mattituck, in the Town of Southold,
County of Suffolk and State of New York, and that the
Notice of which the annexed is a printed copy, has
been regularly published in said Newspaper once
each week for~
w~9_k s successively,
com_~eqc/ng on the r~'?~^ d
of ~Jg~/(J _ 20~(') . ay
U Principal Clerk
Sworn to befoLe~me this
dayoL CS-' --
CHRISTINA T. WEBER
C~:.. z~i~;i E~pires December 13~.___~
.Business (B) d/strict de. si~natioa, on
_, theTownBoard's Own Motion. ~
~he General Business {B) Distric~
' Designation to the Residential
.Oflic~ (RO)' District Designation.
'The assessment records list
'the propcrty. The Propert~ is lO'ted
on the south lido of Route 48 cut of
, Private Road. The Proper~y contains
a~roxhnately 1.18 acres.
The Local Law is entitled,
,~. LOCAL LAW TO CH~5,,N~E *ITI]/
ZONING. DISTRICT DESIgNA-
TION O1~ THAT PAP, T/OF TH~
?PARCEL OF PROPERTY
KNOWN AS $crM # 1000-~4.00-
04.00.009.000 THAT IS CUR-
RENTLY IN THB GENERAL
BUSINESS (B) DISTRICT DESIO-
NATION ~ROM TH~
BUSINESS (B) DI~'RICT DI~IO-
NATION TO THE RESlDI/NTIAL
OPFICG (ROi DISTRICT DESIO.
NAT~ON.
_ ,~ Copies of thls Local Law am awil-
'-,to any intor~st~d l~OUS dufln~ ~l-
:~'Any perso~ dei~r/ng to
~ ~llt, .the ~ lmlndmttit ihotdd
~ :]q~ear, and has the,fight to al~eat,
it the time and.place nbov~ ~ q~el.
~(l~l. ,Any person also has the rllht to
'~ub~tlt wrRten' ~mmefits t~the
~outhoid Town Clerk e~ther t~do~=..to
tile Pubilc ~earlnR or at the Public
Hearing.
BY ORDER OF ~ TOWN
BOARD OP THE TOW~ OF
SOUTI-IOLD, SOUTHOLD. N~W
YORK.
Dated: July 21, 2000
Elizabeth A. Neville
Southoid Town Clerk
This is a copy of the Public Hearing Notice as it
appeared in the July 27, 2000 edition of the
Suffolk Times. Photocopied by Lynda Bohn
THE TOWN OF SOIJ?HOL~ BY
CHANGING THE ZONING DIS-
TRICT OF S~M ~ PlO
0~4.~,~9,~ FROM the
Gener~ B~e~ (B) ~fict ~o the
Residenfi~ Offi~ (RO)
PUBLIC NO~CE IS HE.BY
Glen that Pum~nt to Section
265 of the Town ~w and require-
ments of the C~e of ~he To~ of
Southold, Suffolk ~unty, New
York, that the Town B~rd of the
Town of ~uthold wi~ bom ~ PUB-
LIC HEA~NG ~ ~
LOCAL ~W al the SOU~OLD
TOWN HAL~.5~5 Main Road,
Southold, Hew York, at 2:~
Monday, ~t~r 4, 1~; the Public
Hearing will ~ continued on
Tu~a~. ~lo~tS, ~ at 8:~ pm
at the same l~tion. ~e pu~ of
the L~a[ ~w is ~to ~ange the
~ning D~t~ o[ ~at ~ of the
pardi of pro~gy kno~ as ~M
~e as~ment r~r~ lis~ A~
on the ~uth side of R~te ~ e~t of
the intention of Route ~ ~d
Private Road (cr~ ~tr~et).
~o~gy ~n~ins ~proximately 1
A LOCAL LAW TO AMEND
THE ZONING MAP OF THE
TOWN OF SOUTHOLD BY
C~NGING ~E ZONING DIS-
TRI~ OF ~AT PART OF
PARCEL OF PROPERTY
KNO~ AS S~ ~ PlO
CURRE~LY IN THE General
B~ine~ (B) Di~fi~ FROM ~he
General Bu~ines~ (B) District
~si~ation to the R~enfial Of-
Copie~ og thi~ ~1 ~w are
available in ~e Ogfi~ of the Town
Clerk to any inte~ ~ d~-
on ~ ~~ould
, a~ ~~r,
at the~~-
ified. ~~t
Southold To~ Oerk ~t~r ~r
the publ~ h~ng or at the ~blic
hea~ng,
BY O~ER Of ~ TO~
BOARD OF ~E TO~ OF
SOU~OLD, SO--OLD, NEW
YOR~.
Dat~
ELI~BE~ A. NE~LLE
SO--OLD TO~ C~RK
19~1TS23
STATE OF NEW YORK)
)SS:
COUNTY OF SUt~FOL, K)
,.~'~ CXX'~ ~' (~_)'( [/L~ of aattituck, in said
county, being duly sworn, says that he/she is
Principal clerk of THE SUFFOLK TIMES, a
weekly newspaper, published at Mattituck, in
the Town of Southold, County of Suffolk and
State of New York, and that the Notice of which
the annexed is a printed copy, has been regu-
larly published in said Newspaper once each
week for ~ weeks s¼~cessively,
commencing on the ~ ~) rcs day
of ("90 ~'~'q/3a,[O~.f laqL~ .
rincipal Clerk
Sworn to before me this
day of .~'/7 19
I'.ARY 9 ANA FOSTER
NOTARY PUBLIC, STATE OF NEW YORK
NO, 52-4655242, SUFFOLK COUNTY
C('&~SStON EXP~ES AUGUST 31,
LOCAL LAW NO. OF THE YEAR 1999.
A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THAT PART OF THE
PARCEL OF PROPERTY KNOWN AS Suffolk County Tax Map
(SCTM) # /~ "~ tTg/~.0-O - t~t~.OD -- D~0~. ~ WHICH IS CURRENTY IN
THE (~) _t~-X]~'.,~ t '~., ~l~J[-~ ZONING DISTRICT FROM
(7'~) &~/,.j~l~.~! ""Z~L~,~5.~ ZONING DISTRICT DESIGNATION TOT HE
ZONmeDISTmCTHESIGNATION.
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTI-IOLD 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
llfe, 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 nol 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.
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-presem waterfront" (Master Plan Update,
1985). Due to this open space, the Town has a tremendous development potential. Bleak piclurcs
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
Thc Town of Sonthold is renowned for its rural, cultural, commercial and historic
character. This unique character is recognized in all of the documents reviewed. Based on thc input of
Town residents, thc Final Report and Recommendations states that thc two most prevalent and key issues
are keeping growth in the existing hamlet centers and preserving the ealumcing 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, commcreial, sen4ce and cultural activities, set in
an open or rural atmosphere and supported by a diversified economic base (including aghcultarc, marine
commercial and seasonal recreation activities)."
Preservation of the Natural Environment
Accommodating "growth and chungc wit/fin thc Town without destroying its traditional
economic base, thc natural environment of which that base rests, and thc unique character
and thc 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 cuumemtod below are the culmination of eareful comparison of the intent and
objectives of the town (as slated in past land use plans and studies) and the currently existing conditions
along the County Route 48 corridor. Them needs reflect the past and present vision of the Town and the
work that still needs to be done due to tile proximity of County Route 48 to the hamlet commercial centers
and to avoid potentially conflicting development sU'ategies for such areas. These outstanding needs we find
exist lhrougbout 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 shopping;
6) to continue to the support of the Town's agricultural economy;
7) to maximize the Town's natural assets, including its coastal location and agricultural base, by
balancing commercial, residential and recreational uses;
8) to strengthen the Town's marine-recreational and marine-commercial activities;
9) to encourage the preservation of parkland and public access to the waterfront;
10) to support tourism by maintaining and strengthening the Town's assets that foster a tourist trade,
namely hamlet center businesses, historic heritage, architecture, a sense of place, of rural and open
character, agriculture, and marine activities;
11) to preserve prime farmland; and encourage the diversification of agriculture;
12) to preserve the historic, cultural, architectural and archaeological resources of thc Town;
l 3 ) to ensure visual quality of hamlet cotxtera;
14) to encourage appropriate land uses both inside and out of hamlet centers;
15) to promote halanced economy and tax base;
16) to preserve the integrity of the Town's vegetative habitats, including freshwater wetlands and
woodlands.
Section 2. Enactment
$CTM #,~rD~ - D ~ ~ 0~.~ - is more fully descri~ hereiu ~low.
/ ~ - 0 q~ ~ - ~ ~. ~ - ~ ~ ~c~enfly in the
( ~ ) ~~ ~ ~t ,.~t ~Og$5 zoning distfi~ as desi~t~ by the ~ning Map of
fl~e Town. Based u~n fl~e aforementioned goals ~d identified n~ds of tbe Town ~d u~n our
consideration of thc recommen~tions ~d comments of our Pla~ing Boa~, the S~olk Co~ Piing
Commission. our planning mnsultant (CCG) ~d tbe public mmment taken at ~e public h~g ~d
othe~, we hereby ch~ge ~e zoning ~s~ct desi~tion of ~at
~~ ~O~t~C<q zo~ngdi~ctdesi~tion fmm~e
(~) ~V~[~L ~0~1'-'~ zo~ngdi~ctdesi~ationto~e
~ ~ I~h~ ~ zo~ng di~ desi~ation.
SCTM # 1000-074.00-04.00-009.000
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon
erected, situate, lying and being in the
ALL that certain plot, piece or parcel of land situate, lying and being at Peconic, in the Town of
Southold, County of Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point on the southeasterly line of the North Road (Middle Road or C.R. 45) as
widened; about 975.00 feet southwesterly along said line from the southwesterly line of Peconic
Lane, being intersection of said southeasterly line with the northeasterly line of a certain private
road; and
RUNNING THENCE along said southeasterly line of the North Road North 52 degrees 48' 50"
east 112.66 feet to land now or formerly of Case;
THENCE along said land of Case and along land now or formerly of R. Chilton south 38 degrees
21' 50" east 464.82 feet to the land of the Long Island Rail Road;
THENCE along the last mentioned land south 55 degrees 05' 20" west 112.84 feet to the
northeasterly line of the aforesaid Private Road; and
THENCE along the northeasterly line of said Private road north 38 degrees 21' 50" west 460.36
feet to the point or place of BEGINNING.
Seclion 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 distric! designation for said parcel.
Section 4.
THIS LOCAL LAW SHALL TAKE EFFECT IMIvIEDIATELY UPON FILING WITH THE
SECRETARY OF STATE.
O
O
O
TAX MAP
DESIGNATION
Di~t. 1000
S~. 074.00
BIL. 04. O0
Lot(~t009 · 000
CONSULT YOUR LAWYER BEFORE SIGNING TKIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY.
10266 r:I az?az
THI~ INDF. ZCrt/RE, made the /o~ z:~ day o[ February , nineteen hundred and [ ighty-seven
B£TWI=.I~N ANDREAS PALIOURAS residing at 32570 Route 48 and Paul's Lane, Peconic,
New York
party of the first pan, and
ANDREAS PALIOURAS and ST~L~f PALIOURAS, his wife, both residing at
32570 Route 48 and Paul's Lane, Peconic, NY
~$~CT ~T ~ ~' aCK LOT
WlTNF.~[TI{, thai'the party of tl{~'first part, in consideration of Ten Dollars and other valuable constderaUon
paid by the party of the second part, does hereby grant and release unto the party o£ the second pal-t, the heirs
or successors and assigns of the party of the second part forever,
Al.l. that certain plot, piece or parcel of land, with the hnildings and improvements thereon erected, situate,
lying ~nd being in ~hc
ALL that certain plot, piece or parcel of land situate, lying and being
at Peconic, in the Town of Southold, County of Suffolk and State of New York,
bounded and described as follows:
BEGINNING at a point on the southeasterly line of the North Road (Middle Road
or C.R. 45) as widened; about 975.00 feet southwesterly along said line from
the southwesterly line of Peconic Lane, being intersection of said southeasterly
line with the northeasterly line of a certain private road; and
RUNNING THENCE along said southeasterly line of the North Road North 52 degrees
48' 50" east 112.66 feet to land now or formerly of Case;
THENCE along said land of Case and along land now or formerly of R. Chilton
south 38 degrees 21' 50" east 464.82 feet to the land of the Long Island Rail
Road;
THENCE along the last mentioned land south 55 degrees 05' 20" west 112.84 feet
to the northeasterly line of the aforesaid Private Road; and
THENCE along the northeasterly line of said Private road north
21' 50" west 460.36 feet to the point or place of BEGINNING.
TOGETHER w~th all right, Utle and interest, if any, of the party of the first part n~any stre~ and ,'
roads almtting the a~ve described premises to the center lines ther~f; TOGETHER wkh the app~a~_~.~'
and all the estate and rights of the party of the first paa in and to aid premises; TO HAVE AND TO
}lOLl) the premises herein granted unto the party of ~e second ~rt, the heirs or successors and assigns
the party of tbe 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 o~
the first part will receive the consideration for this conveyance and will hold the right to receive such consid-
eration as a trust fund to be applied first for the purpose of paying the cost of the improve~nent 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 "l~arty'' shall be construed as il it read "parties" whenever the sense of this indenture so requires.
IN WFrNF, S$ WHEREOF, the party of the first part has duly executed this deed the day and year first above
written.
Il'; pILESENCE OF:
9 1987 .IULJETTE A. KINSELLA