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HomeMy WebLinkAboutLL #43 2000LOCAL LAW 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)//1000-074.00-04.00-010.000 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 Inteut 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 Iand use studies nod 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 Agricuhm'e; (2) Preservation of Open and Recreational Space; (3) Preservation of the Rural, Cultural, Commercial and Historical Character of the Hamlets and Sm-rounding 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 whiclx encourage and preserve the existing high quality of life. as more specifically let forth herein below: 1. Preservation or Farnfland and Agricultural Use Farmland is a valuable and dynamic indusn~' in the Town of Southold. The open farmlands are not only highly cherished for their economic value, but for the scenic vistas they provide. The open space and scenery created by farmland additionally contributes to the quality of life of the residents while promoting tourism and recreation. 2. Preservation of Open and Recreational Space The Town of Southold relies heavily upon its scenic beauty and open landscapes for recreation, clean air and water, as well as for its attraction to tourists and recreation seekers. The Town has attracted many second homeowners because o fits "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 ar;d water supply issues. The preservation of open and recreational space is not only aesthetic, but also a necessity for thc present and fi:ture needs of the Torah. 3. Preservation of the Rural, Cultural. Commercial and Historical Character of the Hamlets and Surrounding Areas TEe Town ot Sotuhold is renowned for its rural, cultural, commercial and historic character. This unique characte: is recogmzcd 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 reconmnends the provision for % 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 Accormnodating "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 ) to provide fbr 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 farmland; and encourage, the diversification of agriculture; 12) to preserve the historic, cultural, architectural and archaeological resources of the Town; 13) to ensure visual quality of hamlet centers; 14) to encourage appropriate land uses both inside and out of hamlet centers; 15) to promote balanced economy and tax base; 16) to preserve the integrity of the Town's vegetative habitats, including freshwater wetlands and woodlands. Section 2. Enactment Therefore, based upon the aforementioned goals and identified needs of the Town and upon our consideration of the recommendations and comments of our Planning Board, the Suffolk County Planning Commission, our planning consultant (CCG) and the public comment taken at the public hearing and other~vise, we hereby change the zoning district designation for the parcel known as SCTM # 1000-074.00-04.00-010.000 (and more tully described herein below) from the (13) GENERAL BUSINESS zoning district designation to the (LB) LIMITED BUSINESS zoning district designation. SCTM iq 1000-074.00-04.00-010.000 All. that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in Peconic, Town of SouthoId, County of Suffolk, and State of New York, bounded on the North by Middle Road on the East by land now or formerly of Steve w. Stepnoski, on the South by land of Steve w. Stepnoski; and on the West by land of Harold E. Paul. Said premises M~own on the Suffolk County Tax: Map as 1000-074.00-04.00-010.000. Together with and subject to a Life Estate in favor of Francis Misloski, Henry Misloski and Maryann Misloski, all residing at No# North Road, Peconic, New York. Grantor herein was specifically devised the subject premises in the Last Will and Testament of Kenneth D. Case dated 10/23/73 and filed in the Suffolk County Surrogates Court as 1682 p 1973. 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 STAll E. SCTM # 1000-074.00-04.00-010.000 All. that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in Peconic, Town of Southold, County of Suffolk, and State of New York, bounded on the North by Middle Road on the East by land now or formerly of Steve W. Stepnoski, on the South by land of Steve W. Stepnosk/; and on the West by land of Harold E. Paul. Said premises known on the Suffolk County Tax Map as 1000-074.00-04.00-010.000. Together with and subject to a Life Estate in favor of Francis Misloski, Henry Misloski, and Maryann Misloski, all residing at No# North Road, Peconi¢, New York. Grantor herein was specifically devised the subject premises in the Last W'fll and Testament of Kenneth D. Case dated 10/23/73 and ftledin the Suffolk County Surrogates Court as 1682 p 1973. 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 11th 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, $outhold, 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 11 tl.~~ day of__October ' Public ,2000. LYNDA M. BOHN NOTARY PUBLIC, State of New York No. 01 BO6020932 Oualified in Suffolk County Term Expires March 8, 20 ~ ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Feux (631) 765-6145 Telephone (631) 765-1800 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 B General Business Zoning District Designation to the RO Residential Office Zoning District Designation of a certain parcel of land lying in the Town of Southold identified by SCTM # 1000-074.00-04.00-010.000; and WHEREAS, GElS which said "no further SEQRA review required" when "Changing the Zoning Category of a parcel from one industrial zone to another industrial zone, or from one commemial zone to another commercial zone, of from an industrial zone to a commercial zone shall not require further SEQRA review if: a) b) c) d) the proposed new zoning category for the subject parcel is consistent with the zoning of surrounding parcels, or the proposed change of zone does not permit higher intensity use of the subject parcel as compared to the existing zone in terms of lot coverage, building height, parking requirements, traffic, impervious area, drainage, and setbacks, or the proposed change zone does not take place in a designated historical area, a critical environmental area, areas of low depth to groundwater, or contain or are adjacent to freshwater wetlands or tidal wetlands, or the proposed change of zone is consistent with the County Road 48 Corridor Land Use Study and past land use plans of the Town of Southold and this proposed action meets this criteria/threshold"; and WHEREAS, the Town Board nevertheless conducted a LEAF pursuant to SEQRA in addition to the GEIS findings statement; and 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 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. A. Neville Southold Town Clerk September 12, 2000 NOTICE OF PUBLIC HEAR- ING ON A LOCAl. LAW TO AMEND THE ZONINC} MAP OF THE TOWN OF $OUTHOLD BY CHANGING THE ZONING DIS- TRICT DESIGNATION OF SCTM # 1(~0-074.00-04.00-010.000 FROM THE GENERAI~ BUS1N~SS (B) DISTRICT DESIGNATION TO THE RESIDENTIAL OFFICE (RO) DISTRICT DESIGNATION. PUBLIC NOTICI.~ 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 bold a PUBLIC HEARIN~ [[~e Afore~i~ LOCAL LAW ~ th~ SOUTHOLD TOWN HALL, ~ Road, Southold. New Yol-k at 5,'00 p.m., Tuesday, August 29, 2000. T~ parpose of the Local Law is lo C~e the Zoning D~ation of SCTM # 1000-074.00- 0~.00-010,000, on the Town ~-d'~ Owa Molion, from the Basiness (B) District Deslgnl~tMI to th~ R.~sid~ntial Office (RO) ~ D~lation. The assessment records ~ of th~ property. The is lo.ted on the south side of Route 48 east of the intersection of Private Road. The Prot~rty approximate]}, .~ acres. The Local Law is entltIed, "A LOC,~L LAW TO CHANGE THE ZONING DISTRICT DES- IGNATION OF THE PARCEL OF PROPERTY KNOWN AS SCTM # I000-074.00-04.00-010.000 PROM THE GENERAL BUSINHSS (B) DISTRICT DESIGNATION TO THE RESIDENTIAL OFFICE (RO) DISTRICT DESIGNATION. Copies of this Local Law are avail- able in the Office of the Town Clerk to any interested l~,~s dmi~ reg- ular hu~s Any p~nom desir~ ~o b~ h~rd GO ~e p~c~l~ed ~ M~o~ld fled. Any persgn 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, SOUTHO'LD, NEW YORK. Dated: August 15, 2000 Elizabeth A. Neville Southold Town Clerk 1487-1TAu17 STATE OF NEW YORK) )SS: COUNTY OF SgFFO. L,K,) ~,J<~(~r~ F, (J~)l ~(~ ~ o! 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 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 [ we.e~,s,~ccessively, comme~ncing ~on the 1 'l ~r day of t ti C Ci 20 · Principal Clerk Sworn to b,,efore me thi~ day of I~[ ~ {~[ ~ [- 20 OO 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 (SCrM) # lo00 ~07q, O0 - C~. O0 ~ ~)l O, ~} O0 ~OM ~ ZONING DISTRICT DESIGNATION TO THE ZONING DISTRICT DESIGNATION. BE IT ENACTED BY THE Tov~q BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS: Section 1. Legislative Intent Consistent with our comprehensive land use plan and our established ohiectives and goals as reflected by the existing zoning patterns within the Town, and based upon our ~urrent 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 identi~- and adopt the following overall themes of (1) Preservation of Farmland and Agriculture; (2) Preservation of Open and Recreational Space; (J) 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 indusLq, in the Town of Southol& The open farmlands are not only highly cherished for theft economic value, but for the scenic vistas they provide. The open space and scenery created by farmland additionally contributes to the qualily of life of the residents, while promoting tourism and recreation. 2. Preservation of Open and Recreational Space The Town of Southold relies heavily upon its scenic beauty and open landscapes for recreation~ clean air and water, as well as for its attraction to tourists and ~ec~eation-seekers. The Town has attracted many second homeowners because of its "natural resmmx~, 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 poleJ, ial. Bleak pictures have been painted in a few documents, warning of strip-type development, suburban ~prawl and water supply issues. The preset~atiort of open and recreational space is trot 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 Hamlet~ and Surrouuding Areas The Town of Southold is renowned for its rural, cultural, comme~ 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 :he two most p,6-valent and key issues arc keeping growth in the existing hamlet centers and presel~,ing file enhancing file surrounding rural areas. Additionally. the Master Plan Update recommends the provision for ~'a cmnmunity of residential hamlets that are comprised of a variety of housing opporlunitics, commercial, service and cultural activities, scl in an open or rural atmosphere and supported by a diversified economic base (including agriculture, marine commercial and seasonal recreation activities)." 4.. Preservation of the Natural Environment Accommodating "growth and change within the Town without destroying its traditional economic base, the natural environment of which that base rests, and the unique character and file ~vay of life that defines tile 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 pattem 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 correnfly 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 1o 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 file 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 agrienlture; 12) to preserve the historic, caltu~al, 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 thc 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 heating and otherwise, we hereby change the zoning district designation for fire parcel known as SCTM# {000-03~, O0- ~.00- 0[0, 000 (and as more fully described herein below) from the (~) C'2~Jf~--'R.I~t,~ ~l)O_qtt[l~--"~S zoning district designation to the fi-SI O NTI L OFFI zoning district designation. SCTM # 1000-074.00-04.00-010.000 All. that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in Peconic, Town of Southold, County of Suffolk, and State of New York, bounded on the North by Middle Road on the East by land now or formerly of Steve W. Stepnoski, on the South by land of Steve W. Stepnoski; and on the West by land of Harold E Paul. Said premises known on the Suffolk County Tax Map as 1000-074.00-04.00-010.000. Together with and subject to a Life Estate in favor of Francis Misloski, Henry Misloski, and Maryann Misloski, all residing at No# North Road, Peconic, New York. Grantor herein was specifically devised the subject premises in the Last Will and Testament of Kenneth D. Case dated 10/23/73 and filedin the Suffolk County Surrogates Court as 1682 p 1973. Scclion 3. The zoning map as adopted by section 100-21 of thc Town Code of the Town o£ Southold is hereby amended to reflect lhe witltin clumge o£ zoning district designation for said parcel. Section 4. THIS LOCAL LAW SHALL TAKE EIq~LCT IMMEDIATELY UPON FILING WITH THE SECRETARY OF STATE. NOTICE OF PUbLIc HEAR- ING ON A LOCAL LAW TO AMEND THE ZONING ~p OF ~ TO~ OF ~SOU~OLD BY ~G1NG ~ ZONIN~ DIS- TRI~ DESIGNA~ON OF ~ 1~74.~,~-010.~ ~OM T~ GENE~L BUSINE~ (B) DISTRI~' DESIGNATIO~ TO ~E RESIDE~IAL O~ICE (R0) DIS~I~ D~IGNA~ON. PUBLIC NO~ lS HE.BY GI~N that puget to Section 265 of ~e Town ~w ~d r~men~ of the ~e of the Town of Sou~old, Suffo~ ~ty, New Y~k, Town Bo~d of [he Town of ~ld ~1 ~M a PUBIC HEA~G t~ Afo~ ~AL LAW at SO~O~ ~ ~L, 5~5 M~ Ro~, ~u~old, New York at 8:05 a.m., ~ay, Augmt ~S, ~e p~o~ of the ~ ~w ~ to Change' the ~n~g District D~ation of S~ ~ ~74,~ ~.~-010.~, on the To~ B~d~ Own Motio~ ~om ~e Gener~ B~ (B) D~a D~i~tion to the Resi~n~ Off~ (RO) Dh~t D~ation. ~e ~nt re~rds ~r of the pro~y. ~e ~ l~ted on &e muth side of Route 48 east of the ~te~on of ~vate R~d. ~ ~y ~n~ a~ox- ~tely .~ acres. ~e ~al ~w h entitled "A LOCAL ~W TO CH~GE ZONING DISTRI~ DESIGNA- ~ON OF ~ PARCEL OF PROP- ER~ ~0~ AS S~ ~ 1~- 074.~.~-010.~ FROM GENERAL BUSINESS (B) DIS- ~I~ DESIGNA~ON TO RESIDENTIAL O~I~ (RO) DI~I~ DESIGNA~ON. ' ~pies of ~ ~1 ~w ~e av~l- able ~ the O~ of the To~ ~rk to ~y ~terest~ ~ns d~g ~eg- ~ bus~e~ houm Any ~ns desi~g to ~ ~ard on the pro~ amen~ent should ap~r, ~d b~ the fi~t W ap~, at t~ ~e and pla~ a~ve ~ sp~ed. Any pe~n ~o h~ the d~t to sub- mit writlen comments to the Soothold To~ Clerk either prior to the ~blic Hearin~ or at thc ~blic Hca~ng. BY ORDER OF THE TO~ BOARD OF ~E TO~ OF SOU~OLD, SO--OLD, ~W YORK. Dat~: J~y 21, 2~ El~beth A. Nellie Southold Town ~erk 1430-1TJ~ STATE OF NEW YORK) )SS: cg_ .Tv OF SUFFOL , ,~.J~,/'~ /~. ~)///~ ~ 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 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 / weeks succes- sivel~v~.c(~mmencing on the ~...T/'~/) day of (J/'c~ 27.~_~_~. ~ Principal Clerk Sworn to before me this day of ~--'~k~l J -~ 20(;0 CHRISTINA T, WEEER Notary Public, State of New York No. O~WE~O~&54 LEGAL NOTICI~ NOTICE OF PUBLIC HEAR- lNG ON A LOCAL LA")/ TO AMEND THE ZONING MAP OF THE'TOWN'OF $OUTHOLD BY C~LkNGEqG TRICT DESIGNYA,T!I~N QF SC'JI]d THE GENERAL BUSINESS. DISTRICT .DESIGNATION ~FO. THE RESIDENTIAL OFFIC~E (RO) DISTRICT DESIGNATION. PUBLIC NOTICE IS HEREBY GIVEN that pursqant to Secfi.'o~ 265 · of the Town l.~w and xequkg~ls of tho Code of the Town of $oul~o~ Suffolk County, New ¥ork~ ~oWn Board Of thy Town of $outhold will hold s ~'UBLIC HEARINO on tl~ Afore~id LOCAL LAW. nt the SOUTHOLD TOWN HALL, 5~095 Main Road, Southold, New York at 8:05 a.m., Tuesday, August 15, 2000. Tim purpose o! the Local Law ks Chaugc ' thc Zoning Designation of SCTM 04.00-010.000, on the Town Bo~d'~ Own Motion, from the Business (B) District. Designatiun to the Residential Oific~ (RO) D~iguatlon. The asaessm~nt r.,eco£cks llst Chester M~sloskl & Others'as Owner of the Property. The ProPerty 48 east of the intersection of Prlvat~ Road. The Property contains approx- imstely .66 acres; - The Local Law is entltl~d, aA LOCAL LAW TO C~GE THE ZONING DISTKICT DESIONA- 'lION OF TH~ PARCEL OF PROP- ERTY KNOWN AS SCTIvl # 1000- 0'/4.00-04.00-010.000 ERGM THE GENERAL BUSINESS (B) DIS-' TRICT DESIGNATION TO TH~ RESIDENTIAL OFFICE (RO~ DISTRICT DESIGNATION. Copies of thi~ Local Law are avail- able in the OI~¢e Of the Town Oerk to any interested per~on~ dm'iog .ular business hours. ~ny per~on~ desiring .to be heard appear, nnd has the right to nppear, at the time and place above so specked. Any per,on aL~o has the ~ght to sub- Southo]d Town ~ erk e~ther prior' to the Public H~aring or ~t' Hearing. EY ©RDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, SOUTHOLD, NEW YORK. Dated: July 21, 2000 . Elizabeth A. Neville ' Southold Tovm C~erk 1430-ITI~,2'/ This is a copy of the Public Hearing Notice as it appeared in the July 27, 2000 edition of the Suffolk Times. p~o~ooop~e~ ~ Ly~a~ ~o~ ELIZABETH A. NEVILLE TOWN CLERK REGISTereR OF VITAL STATISTICS MARRLKGE OFFICI~R RECORDS MANAGEMENT OFFICER FREEDOM OF INFOF~ATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (51_6) 765-6[45 Telephone (516) 765-1800 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 c6nsidering a change in the zoning designation from (B) Business District to (RO) Residential Office District of certain parcels of land lying in the Town of Southold identified by SCTM# 1000-074.00- 04.00-10,000; and part of certain parcels identified by SCTM# 1000-074.00-04.00- 05.00; SCTM# 1000-074.00-04.00-09.00; be it further 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 o£the Southold Town Code; 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 617.1 et. seq. and Chapter 44 of the Southold Town Code. ~A.' Neville Southold Town Clerk September 28. 1999 I~GAL NOTIC~ NOTIC~ OF PUBLIC HF_.Afi- ING ON A LOCAL LAW A~ ~ ~N~O MAP OF ~ ~ OF SOU~OLD BY CHANGING ~ ZONING DIS- TRI~ OF S~ ~ ~-074.~ ~.~-010.~ FROM the General Business (B) District to the R~sid~nfial Office (RO) Distri~. PUBLIC NOTICE IS HEREBY ~IVEN that there has b~en ~nted to the Town Board of Town of ~thold, Suffolk ~un~y, New York, on the 14th day of September, a NOTICE I$ FUR- THER GIVEN that Pursuant to lection 26~ of she Town Law and requkements of the C~e of ghe Town of Southold, Suffolk County, New York, that tbe Town Board of tbe To~ of Southold ~l[ bo~ PUBLIC HEARING Ga I~e soig LOCAL LAW at SOUTHOLD TO~ HALL, 53~5 Main Road, Soulhold, New York~ 2:~ ~ ~day, Octp~er 4, 1~; Board's Own Motion from the General Office (B) District to the Residential Office (RO) District. The assessment record lists Chester Mislosld & Othe~ ~s the owner of the property. The property is located on the south side of Route 48 east of the intersection of Route 48 and Private Road (cross street). The property contains approximately .66 acre. This Local Law is entitled, LOCAL LAW TO CHANGE THE ZONING DISTRICT DES- IGNATION OF THE PARCEL OF PROPERTY KNOWN AS SCTM # 1000-074.00-04.00-010.000 FROM THE GENERAL BUSINESS (B) TO THE RESIDENTIAL OFFICE (RO) DISTRICT DESIGNA- TION''. Copies of this Local Law are available in the Office of the Town Clerk to any interested persons dur- ing regular business hours. Any person desiring to be heard on the proposed amendment should appear, and has the right to appear, at the time an.d place above so spec- ified. Any person also has the right to submit written comments to the Southoid Town Clerk either prior to the public heating or at the public hearing. BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, SOUTHOLD, NEW YORK. Dated: 9/14199 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK 1916-1TS23 STATE OF NEW YORK) )SS: COUNTY OF SU ?O K/ ,.~¢ ~ ~. (J,_) t { ~ t S 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 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 successively, -~ ~. cci day commenqlng , on the. c-~ ) of e this ~7~X- Sworn to before m ' day of x~W-~a~. 19 ~q NOI^R¥ Ptl~l.,~, 81^1[ O[ ~.~ YORK NO. 524655242, SUEFOLK GOUNH COMMISSION ~?IRES AUGUST 3},, CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY lAWYERS ONLY. 70 7 11027 072 THIS INDENTURE, made the day of ~e~mer , nineteen hundred and eightynine BETW~N CHESTER blISLOSKI, residing at Nog North Road, Peconi¢, New York ~rtyofthefirstpart.~d CHESTER MISLOSKI, residing at No# North Road, Peconic, New York, ROSE VAN DUSER, residing at 40 Grigonis Path, Southold, New York and REGINA LORAH, residing at No# North Road, Peconic, New York, all as Joint Tenants with survivorship party of the second part, WITNES~ETH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party o£ the second part, the heirs or successors and assigns o£ the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, skuate, lying and being imfllm Pe¢oni¢, Town of Southold, County of Suffolk, and State of New York, bounded on the North by Middle Road on the East by land now or formerly of Steve W. Stepndski, on the South by land of Steve W. Stepnoski; and on the West by land of Harold E. Paul. Said premises known on the Suffolk County Tax Map as 1000-074.00- 04.00-010. 000. Together with and subject to a Life Estate in favor of Francis Misloski, Henry Misloski, and Maryann Misloski, all residing at No# North Road, Peconic, New York. Grantor herein was specifically devised the subject premises in the Last Will and Testament of Kenneth D. Case dated 10/23/73 and filed in the Suffolk County Surrogates Court as 1682 p 1973. :SIGNAT1ON 1000 074.00 04.00 TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD Ihe premises herein granted unto the party of the second part, the heirs or successors and assigns of the party o[ the second part forever. p o.ooo 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 part:f~, 0~the. f~r.~I~pa~t~, n compliance, w.th Section 13 of the Lien Law covenants that the party of the first part w ure~e~ve ith~,consMeraUon for thts conveyance and w I ho d the right to receive such consid- eration as a tru&[,fH[~;.t~lie,:'~pp~&[.~,s.L,for the purpose of paying the cost of the improvement and will apply the same first th' th~ IS,a~i~.e~ .~[,~I0¢ cost of the improvement before using any part of the total of the satne for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN' WITNF_.,~ WHEREOF~ the party of the fi. rst part has duly e~ecuted this deed the day and year first above written. Chester Mislo.~ RECORDED