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Home My WebLink AboutLL # 37 1999 ELIZABETH Ai NEVU~LE Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 REG1STtC&R OF VITikL STATIST[CS Sou[hold, New York 11971 t6~-1823 M~IAGE OFFICER F~ (516~ ~ = RECORDs ~AGEME~ OF~CER Telephone ~516) 765-1800 FREEDO~I OF INFOE~{ATION OFFICER ~ OFFICE OF TI-IE TOWN CLERK TOWN OF SOUTYIOLD THIS IS TO CERTIFY THAT THE FOLLOWING LOCAL LAW WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A SPECIAL MEETING HELD ON OCTOBER 19. 1999: LOCAL LAW NO. 37 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) # 1000-074.00-03.00~ 14.000 FROM THE (R-40) RESiDENTIAL LOW DENSITY ZONING DISTR~CT DESIGNATION TO THE (RO) RESIDENTI/LL OFFICE ZONING DISTRICT DESIGNATION. BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS: Section 1. Leg~slalive Intcnt ~ 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 thezoning 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 fro~ 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 lir moce specifically set forth henfin below: L Preservation of Farmland and Agriculture Famfland ia a valuable and dynamic imlu.qa'y in the Town of ~outltold. The open fatmlan~ ar~ not only hlgMy ~ for Ila~ir e~:Ol~mic val~, bul far th~ c, eanic vizlas tlmy provide. residcots, ~xil¢ prom~ touri~n nmi ~:~atlan. 2. Preservation of Open and Recreational Space Thc Town of ~o~thold relies,h~rilyi~upon its a:uni~ ~-~y and opm lamlscap~ for recrcatio~ clean air and water, a~ well as for i~ athaction to tom.ts and rec~afion-seekers. Tho Town ha~ a~act~d m~y secon~ homeowners!becaus~ of its ~na~l re~ource~ ab-~ce of open space~ farms, piam~que ~flla~ca, and the ever-preseut Waterfront" (Master Plan Update, 1985). Due to this open space, thc Town has a ta~mendous dev¢Ippment potential. Bleak pictures have be~n painted in a few documonLs, wanting of stiip-Vype d~velopment, suburban sprawl and water supply issues. The pres~natiou ofopen and recrealion~l space is not only aesthetic, but also a necessity for thc pre,ut and f~ture needs of the Town. 3. Prcserv~lion of the Rural, Cultural, Commercial and Historical Charactor of the Bmlets,~nd are keeping growth in thc existing hamleI ceutcr~ and preserving the ~mhuncing the surrounding rural ar~as. Additionally, the IVmstcr Plan Update recommends the provision for "a cemmunl/y of residanfial hamlets that are comprised ora variety of housing opportunities, commercial servico and cultural activilies, s~t in an open or rural almosphem and supported by a diversified economic ha.se (inoluding agriculture, manne commercial and seasonal recreation actixdties)" 4_ Preservation of the Natural Environment Accommodating "growth and change within thc Town without dostruying ils traditional ec~onomic base the natural cnvironmeut of which that has~ resis, and thc unique character and the way of life that defines the Town" is of utmost irdportance" (Ground Watershed Protection and Water Supply Management StrategY). The Master Plan UlXtate recowanends prcscv,,ation of the Town's natural envkonment from wetlands to woodlands and to "acluev¢ a land uso pattern that is s~usitiv¢ to the limited indigenous water supply and ~411 not degrade the subsurface water quali~,. Thc outstanding needs enumerated below arc the culnfination of careful comparison of thc intent and obj~tiv~ of the toxxm (as smt~ in paa l~d ~e pt~s ~d studies) ~d ~e c~enfly existing con~fions along ~e Cou~ Route 48 mmdor. ~ n~ ~efl~t ~e ~st ~d premnt vision of~e To~ ~d ~e work ~1 mill n~s to ~ done due to ~e pmhmi~ of Coun~ Route 4~ to ~e M~et m~emi~ ~ntem ~d to avoid po~nti~ly ~iai~ development mtegies for ~ch ams. ~e~ out~ng n~ we find exist ~oughout ~e T~ ~d ~ ~ifimlly ide~ ~ follows: 1) to provid~ for ~able ~d um development at l~,els of intensifies whch ~e mnsitive lo mbs~am water q~i~ ~d q~mi~ 2) To ~in~in ~d s~n~en ~mlet ~nt~s as ~e focus of mmmercial, residenfi~, ~d activiB,: 3) To pre~e the o~ a~c~t~ ~d ~ ch~cter of ~s ou~ide of fl~e ha~et ~nters; 4) to provide for a v~e~ of houshg op~ for cit~ns of different th~m~ ~d age l~els; 5) m e~ ~e op~fi~ for ~-ffi~y shopp~ 6) m ~n~ue to the mp~ of &e To~'s a~l~ ~nomy; 7) to ma~m ~e Tom's na~ ~mm, inclu~g its mamal l~/ion ~d a~ml~ barn, by bal~cing ~mmem~ ~ident~ ~d r~fio~ ~; 8) to ~en~m ~e Tom's me~fiun~ ~d ~ne~mmerc~ activiti~; 9) to enmmge ~e p~afion of ~ ~d public a~s to &e mteffiont; 10) to ~ to~ by ~g ~d ~e~ ~e Tom's a~ ~t f~r a tom~ ~de, mmly ~ ~ ~6n~ ~OfiC ~g~ ~t~ a ~ of ph~, d ~ ~ o~n 11) to P~~~e~~~; 12) m ~61~ ~ ~,,,~l ~ ~1o~ m ~eT~; 14) to enmm~ ~ ~d ~ ~ ~de ~d out of ~et ~m~; 15) to pmm~o ~ ~nomy ~d m ~; 16) m p~we ~e im~ of the T~'s v~ve ~i~t~ incin~ng ~hwat~ ~ ~ wo~lan&. Section 2. Enactment Therefore, basod upon the aforementioned goals and identified needs of the Town and upon our consideration of tile recommendations and comments of our Planning Board. the Suffolk Counly Plarcmng Commissian~ our planning oansul~ant (CCG) and the public comment taken at the public heating and otherwise, we bercby change tile zoning district designation for file parcel known as SCTM# I bS[~- O"l~-GO- OB. O0 - 0!1-[- OOO (and. as more full.,,' described herein below) from tile SCTM # 1000-074.00-03.00-014.000 All certain plot, piece or parcel of land with the buildings an~l improvements thereon erected, situate, lying and being at Peconic, Town of Southold, County of Suffolk and State oflqew York, bounded and described as follows: BEGINNING at a point on the easterly side of Peconic Lane where the same is intersected by the southerly side of land now or formerly of Emil Pupecki; m m'dn.g thence South 57 degrees 27 minutes 00 seconds East, along said land, 233.52 feet; thence along land now or formerly of John P. Turner, (1) South 31 degrees 12 minutes 40 seconds East, 101.60 feet and (2) South 55 degrees 53,minutes I0 seconds West. 236.99 feet to the easterly side of Pecordc Lane and thence North 29 degrees 30 minutes 00 seconds Wes*.. ~loDg The easterly side of Peconic Lane, 108.20 ~e=t LO ~hc poin~ .;,r' place .;,f BEGIX"(I~'xG S~ctio~ 3. ! The zoning map as adoptea:l by section 100~21 of the Town Code ot~ the Town or' Southold is hereby iamended to reflect the within cluange of zoning district designation for said parcel. Sea:lion 4. THIS LOCAL LAW SHALL TAKE Et~I~'ECT IMMEDIATELY UPON FILING WITH TI:-IE SECRETARY OF STATE. L:~iZABETH A. NEVILLE SOUTBOLD TOWN CLERK OCTOBER 19. 1999 41 S~ S~E~, ~B~Y, Ny 12~ 1 ~se this fo~ to file a Io~! law with the ~c~ of ~te.) Text of law should be given ~ amended. Do not include matter ~ing elim~ated and do not ~e itali~ or underlining to indi~te new matter. LOC~ LAW NO. 37 OF ~ ~ t999. A L~C~ LAW TO CHANGE T~ ZO~G DIS'~ICT DESIGNATION OF ~ P.~CEL OF PROPER~- ~()X~ AS S~o~ Co~ Tax Map (SC~h ~ 1000-074.00-03.00-014.000 ~OM T~ ~-4~) RESIDE~I~ LOW DENS~ ZO~NG DIS~CT DESIGNA~ON TO ~ ~O) ~ ~:S~E~ O~ICE ZON~G DIS~CT DESIGNATION BE I~ ENAC~D BY T~ TO~ BO~ OF ~ TO~ OF SO--OLD AS FO~OWS: Please see attached. (If additional space Is needed, attach page~ the same size ns rids sheet, and numtmr each.) LOCAL LAW NO. 37 OF THE YEAR 1999. A LQCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THE PARCEL OF I ROPERTY KNOWN AS Suffolk Coutlty Tax Map (SCTM) # 1000-074.00-03.00-014.000 FROI { THE (R-4£ RESIDENTIAL LOW DENSITY 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 l. Legislative Iment Consistent with our comprehansive land use plan and oar established objectives and goals as reflected by the existing zoning patterns within the Town, and based upon our cnrrent County Route 48 Land use study as well as namerous land use studies and plans developed heretofore, we hereby determine that it is necessa~ 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 Ramlets and Surrounding Areas; (4) Preservation of the Natural Environment; which derive from the shared vision held by residents and local pnhlic 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 Famland and Agriculture Farmland is a valuable and dynamic industry in the Town of Southold. The open farndands are not only highly cherished for theit economic value, but for thc soenic vistas they provide. The open space and scenery created by fav~l:ancl additionally conhSbutes to the quality of life of the residents, while promoting tourism and recreation_ 2. Preservation of Open and Recreational Space The Toy. m 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-scekers. The Town has attracted many second homeowne~ because of its "natural resources, abundance of open space, farms, picturesque villages, and the ever-present wateffronf' (Master Plan Update, ,1985). Dge to fids open space, the Town has a h'emendous development potential. Bleak pictures ,have been painted in a few docomenrs, warning of strip-type developarent, 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. Preser?ation of the Rural, Cultural, Commercial and Historical Character of the Hamlets and SuFrOundlhg AFe~s t , The Town of Southold is renowned for its rural, cultural, enmmerdal ued histm-ic character, aids unique chamcler is recognized in ali of the documents reviewed. Based on the input of Town residents, the Final. Report and Recommendations slates that the two most prevalent and key issues , ': LEGAL NOTICE i: NOTICE.OF PUBLIC HEAR- " :ING ON A LOCAL LAW TO ~ AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY i': CHANGING THE ZONING DIS- - STATE OF NEW YORK} ?:: TraCT OF S-CTM # 1000-074~00: )SS: ~ 03_00-014.000 FROM the R-40 i:" Resideotia[ Low-Density District to COUNTY OF SUFFOLK) ',i".the Residential Office (RO) ',~3"~ CLt~ ¢- (J~J'~ {[ ~-S of Mattituck, in said [!/. District. I'.'.,' PUBLIc.NOTICE IS HEREBY· COl.lllty,. being duly sworn, says that he/she is i:,' GIVEN that Pursuant to Section PrlI1cipal clerk of THE SUFFOLK TIMES,' a , .i 265 ~f the Town Law and require- :ments o[ the. Code,,of the Town of weekly neWspaper, published at Mattituck, in .south01d, Suffolk County, 'New : York, thai the Town' Board of the t_he Town of Southold;' County of 'Suffolk and Town of'Southold will hold a PUB- State of New York, a_nd that the Notice of which LIC IIEARING on /he aforesaid i!' .LOCAL LAW at the SOUTHOLD t_~e armexed is a printed copy, .has beenregu- ?:.TOWN HALL, 53095 Main Road, laxly published m .said Newspaper once each '! S0uthold. New York, at 2:30 p_m., · I!:; Monday, October 4, 1999; the Public week for '~ ' weeks su~ccessively, ?Hearing-Writ be continued 6n ,~:~., Wednesday, October 6 1999 at 5:00 commenqmg , on the c~-x) r~ day i:. p.m. at the same location. The put- of pose of the Local Law is to Change __ [~;,i 07&00,03,00=01&000 on the Town ,? 'Board's own MotiOn from the R-40 (~l~ ( Principal Clerk ~:' Residential L6w-Density District. to' ' · ~. ~2: tl~e : R~srdentla~" Office (RO') l!:i DiStrict The assessmer/t records list II!ii, Sldne~ Waxle~ ~ the oW%r of ~ha Sworn to before me this ~.-~7 fi: 'prOPerty. The pr0per0 is loc.ama an '? th& south 'sial6 of Route 48 west oI 'day of ,~ 1 9 ~ li;l!'the intersection·of Route 48 anti ~',' Pe¢onic Lane-'(cross ~treet). The . Ii;.. property contains approximately .5 ~ ~ [~0TAR¥ ~USLtC, b~-)i[[ OF ~.c~ Ii.' 'This Local Law is entitled "A NO. 52-~655242, SUFFOLI(COU~IX [fi !, LOCAL LAW TO AMEND THE . C0?~I~dISS[0~I EXPIRES AUGUST 31, i: · ZONING MAP OF THE TOWN. IL:'THE ZONING· DISTRICT OF ' "' ,12: 'SCTIVI'~ f000:074:O0-i33.00~014.0m ifI,i FROM the R40 Residential Low- ' )?!' Density District Designation to the ' · '-' , <: I., Residential Offtce~:(RO) D~stnct' Clerk ~o '_,n} ,roere .tea p~ Qo,~ dUr- , ~ii lng regular business hours. . · Any person desirihg to be' beard on the proposed amendment should !i!:. appear, and has the right to appear, ?, at the time and place above so spec- i!~. flied. Any pe~-~n also has the right !~. 'tO submit written comments to the lli~ Southold Town Clerk eitlier prior t~ ~i:.i the public hearing or at the public Iii! BOARD OF THE 'rOWN OFI i :'SOUTHOLD SOUTHOLD~ NEW I !i?. Dated: 9/t~/99' . ~'.: ' ELIZABETH A NEVILLE [i:.i SOUTHOLD TOWN CLERK ~ 19094TS23' ·