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HomeMy WebLinkAboutLL #23 2000THIS IS TO CERTIFIY THAT THE FOLLOWING LOCAL LAW WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 12, 2000: LOCAL LAW 23 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) #1000-141.00-03.00-028.000 FROM THE (LI) LIGHT INDUSTRIAL ZONING DISTRICT DESIGNATION TO THE (RO) RESIDENTIAL OFFICE 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 ~dentit~/and adopt the lbllowing 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 dynamic industry in the Town of Southold. The open farmlands are not only highly cherished for their economic value, but for the scenic vistas they provide. The open space and scenery created by farmland additionally contributes to the quality of life of the residents while promoting tourism and recreation. 2. Preservation of Open and Recreational Space The Town of Southold relies heavily upon its scenic beauty and open landscapes for recreation, clean air and water, as well as for its attraction to tourists and recreation seekers. The Town has attracted many second homeowners because of its "natural resources, abundance of open space, farms, picturesque villages, and the ever-present 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 reno~naed for its rural, cultural, commercial and historic character. This umque 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 Accommodating "growth and change within the To~vn 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 sn-ategies for such areas. These outstanding needs we find exist throughout the Town and are specifically identified as follows: 1) 2) 3) 4) 6) ~) 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 for 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 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; 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 the parcel known as SCTM # 1000-141.00-03.00-028.000 (and more fully described herein below) from the (LI) LIGHT INDUSTPdAL zoning district designation to the (RO) RESIDENTIAL OFFICE zoning district designation. LEGAL DESCRIPTION Section 3. The zoning map as adopted by section i00-21 of the Town Code of the Town of Southold is hereby amended to reflect thc within change of zoning district designation for said parcel. Section 4. THIS LOCAL LAW SHALL TAKE EFFECT IMMEDIATELY UPON FILING WITH THE SECRETARY OF STATE. ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK SEPTEMBER 12, 2000 ELIZABETH A. NEVILLE 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 Fax (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 LI Light Industrial 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 # 1000-141.00-03.00-028.000; and WHEREAS, GEIS 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 commercial 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. Southold Town Clerk September 12, 2000 LEGAL NOTICE NOTICE OF PUBLIC HEAR- ING ON A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DIS- TRICt DESIGNATION OF SC~I'M # 1000-14L00-0B.00~.000 FROM THE LIGHT INDUSTRIAL (LI) DISTRICT DESIGNATION TO THE RESIDENTIAL OFFICE (RO) DISTRICT DESIGNATION, PUBLIC NOTICE IS HEREBY GIVEN that pursuant to Section 265 of the Town Law and requirements of the Code of the Town of Southoid, Suffolk County, New York, that the Town Board of the Town of Southold will boM4 PUBLIC HEARING ou the ~dom~d LOCAL LAW at the SOUTHOLD TOWN HALL, 5~ M~ia Road, Southold, Ne~v York at $:00 p.m., Tuesday, August 29, ~ The ~rpuse of the Local Law i~ to CYaaagn the Zoning Distriat De~tation of SCTM # 1000-141.~0- 03.604Y28.000, on the Town Boat, d~ O~m Motion, from the L~t Industrial (LI) District Designatiea to the Residential Office (Re) ~ Designation. The s~essmea~ reme~ list IL~y~ond Nl~e m I~ ~ of the property. The Property is inmt~d on the west side of Love Ieee aea~ the int~ctinn o{ Love I_~ne and Route 48. The l~xty contains approximstely .2/~c~es. The Local Law is entitled, "A LOCAL LAW TO CHANGE THE ZONING DISTRICT DES- IONATION OF THIE PARCEL OF PROPERTY KNOWN AS SCTM # 1000-141.00-03.00-028.000 PROM TH~ LIGHT INDUSTRIAL (LI) DISTRICT DESIGNATION TO THE RESIDENTIAL OFFICE (Re) DISTRICT DESIGNATION. Copies og this Local Law are avail- able in the OFfice of the Town Clerk to any interested perseus during reg- ul~ busines~ hours. Any persons desiring to he boesd ou the propus~d amendmant should appoar, and has the tight to appear, at the time and place above so spe~i- fled. Any person a{so has the right to submit written comments to the Southold Town Clerk eHher 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 E[izaheth A. NeviiJ~ Sonthold Town Clerk 1480.1TAuI7 STATE OF NEW YORK) )SS: COUNTY OF S~UFFO. [~K). ~.~L--~/~ ¢. (k)l I~ ~ Of MaUituck, in said counW, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at MaRituck, in the Town of ~uthold, Coun~ of Suffolk and State of NewYork, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for { weeks successively, commencing ~n the 1 ~ ~ day of 20 · (~} Principal Cterk Sworn to b~fore me thi? [ ~ + ~ day of ~{ ~ ~ ~ F 20 ()~ LEGA~ NOTICE~ NOTICE OF PUBLIC HEAR- INO ON A LOC~L LAW TO t:ltANOlNO ~.ZON~G'Di~ ~I~ D~IGNA~ON OF,S~ '~-~-141.~.~8.~ ~OM '~ LIG~ ~DUS~IAL.(LD DIS~I~.,DESIGNA~ON ~ (R~) R~E~AL .DENS~ DIS~I~ DESIGNA- ~ON. , PUBLIC NO~_IS ~BY G~N t~ pu~uani lo S~i~ of ~e To~ ~w ~d r~qu~m~n~ ofi~ ~d~ of the To~ of S~ol~ S~olk ~y. New York, t~i the · ~ ~ Bo~ of ~he Town of ~ ~oM s P~LIC ~A~G ;~ A[o~sM ~CAL LAW at ~h~ 'SO--OLD ~ H~ ~a~ Road, ~u~o[d. New ~ork ].8~ a.m., ~ay, Aunt' 1~, ' ~e pu~ of ~ ~al ~w ~ io ~'~ge the ~ning D~ :~afion of S~ 9 l~I4E~ . ~.~-~8.~, on ~be To~ Boa~% ;O~ Mo~ion, from ihe Li~hl '[ Industrial ~I) DistH~ Desi~afion ; ~ [be (R.80) Risident al ' ~ ~e O~r 'of'Ibc pro~. ~ ~ve ~ and Roui~ '48. ' ~ ~nt~ a~roxi~tel ~ ~1 ~w ~ entitl=d, 'A . LO~ MW TO ~GE ~N~G DIS~I~ OHSIGNA- ~ON OF ~ PAR~L OF PRO~ ~O~ AS S~ DIS~I~ DESIGNA~ON TO , ~ (R~) R~E~AL ~W D~S~ DIS~I~ D~I~A- ~ON. ~pi~ of this ~1 ~w are ayah- able in the Offi~ of ibc To~ ~k -to ~y ~ter=sied ~ons ~ busine~ houm on ~e propo~d amendment should a~ar, and has the fight to ap~ar, .u~it ~en ~ments to the - ~&old T~ ~k eider t~ ~b~ Hera ~' at the Hea~ng. BY O~ER OF ~ TO~ BOARD OF ~ TO~ OF YORK. Dat~: July 21. ~ E~th ~ N~II~ ~thold ~ 14~-1T~7 This is a copy of the Public Hearing Notice as it appeared in the July 27, 2000 edition of the Suffolk Times. Photocopied byLyndaBohn LEGAL NOTIC~ NOTICE OF PUBLIC ING ON A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DIS- TRICT DESIGNATION OF SCTM # 1000-14L00-0~.00-028~0 FROM THE LIGHT INDUSTRIAl. (LI) DISTRICT DESIGNATION TO THE (R-80) RESIDENTIAL LOW DENSITY DISTRICT DESIONA- TION. PUBLIC NOTICE IS HEREBY OIVEN that pursuant to Section 265 of the Town Law and requlxomonts of the Code of the Town of Southotd, Suffolk County, New York, thl}t the Town Board of the Town of Sonthold the Arore~a{d LOCAL L~W at the SOUTHOLD TOWN HALL, 5309~ Main Road, Southold, New York at 8.~$ am., Tucsday, August 15, 2000. The purpose of the Local Law i~ to Change the Zoning District Desisnatlon of SCTlvl # 1000-141 03.00-028.000, on the Town Board's Own Motion, from the Lisht Indumtrinl (LI) District Desisnation -to the (R-80) Residential Low Density District Desigaation. The scssmont records list Raymond Nlme Is the ~ of the prc~l~, The Propm'ty is locatcd on the west side of Love Lane near the intersection of Love Lane and Route 48. The Property contains approximately .2? The Local Law is entitled, 'A LOCAL LAW TO CHANOE THE ZONINO DISTRICT .DESIGNA- TION OF THE PARCEL OF PROPERTY KNOWN AS SCTM # 1000-141.00-03.00-1}28.000 FROM THE LIGHT INDUSTRIAL (LI) DISTRICT DESIONATION TO THE (R-80) RESIDENTIAL LOW DENSITY DISTRICT DESIGNA- TION. Copies of this Local Law arc avail- able in the Office of the Town Clerk to any interested persons durin~ reg- ular business hours. Any pers~_)_us desiring to be heard on the proposed amendment should appear, and has thc right to appear, at the time and place above so speci. fled. Any person also has the right to Southold Town Clerk either pri~ to the Public Hearing or at the Public Hearing. BY ORDER OF THE TOWN BOARD OF THE TOWN OF sOUTHOLD, SOUI'HOLD, NEW YORK.. Dated: July 21, 2000 Elizabeth A. Neville Southold Town Clerk 1423-IT]y2? STATE OF NEWYORK) { q l - r )SS: C_QJ, JNTY QE. SUFF?/¥~. ~_-]~ZT~') 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 NewYork, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for / weeks, successively, comj3Mncing on the ~ ~7% day of ,~j/.;~/ 20 ,/?/~ . ~J Principal Clerk Sworn to before me this ~'~'~ day of ~-~bl i ~.,~ 20 oo CRRJS3]NA T. WEBER Not~ Pu~ 8tare of New Yo~k No, 01WE~Oa45M Qualified i~ 8uffok Gom~y