HomeMy WebLinkAboutLL # 38 1999 ELIZABETH ~ NEV'I~LE ,~',I~ Town t'Iall, 53095 Main Road
TO~C~ ~ ~~' -- P.O. Box1179
[ ~ Sou~hold, New York 11971
~GIST~R OF ~ STATISTICS ~ F~x ~51~) 765-1823
M.~GEpFFICER
RECORDS ~AGEMENT O~ICER Telephone ~516) 765-1800
FREEDO~{ OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWINC LOCAL LAW WAS ADOPTED
BY THE SOUTHOLD TOWN BOARD AT A SPECIAL MEETING HELD ON
OCTOBER 19. 1999:
LOCAL LAW NO. 38 OF THE YEAR 1999.
A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THE PARCEL
OF PROPER'IT KNOWN AS Suffolk Count}, Tax Map (SCTM) # 1000-074.004~Y004)15.000
FROM THE
(R-40) RESIDENTIAL LOW DENSITY ZONING DISTRICT DESIGNATION TO THE
fRO) RESIDENT[AL OFFICE ZONING DIST~dCT DESIGNATION.
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS:
Section l. LegislaOve Intent
, Consistent with our comprehensive land use plan and our estahlished objectives and goals as
reflected by the crdsting zoning patterns within the Town, and based upon our currant County Route
48 Land use study ~ well as numerous land use studies and plans developed heretofore., we hereby
detemlne that it ss necessary and desirable to revise and amend the zoning designation ~tpplicable 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 lfistorical Character of
the Hamlets and Surrounding Areas; (4) Preservation of the Nal~ral Environment; which derive
from the shared ~nssen 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 hi~b quality of
life~ ~s more specificnlly set fo~h herein below:
I 1. Preservation of Farmland and Agriculture
I.. Farm~nd is a va~.nabl~ ami .tb~a~nic ~ in th' T°wn °f 8°uth°kL The °Pen
~side~, while promoting ~im n.d mmnlio~
preparation of Open and Recreational Space ~/
The Town of Santhold relies heavily upon its scenic beamy and open landscapes for
recreation, ~:lcan air and water, as we. Il as for/ts atRacfion to tout~ and rec~cal/on-ceekeP& The
Town bas a~cted many second homc°wn~ because Of/ts "natural ~csmirces, at. md~nce of
open space_, funns, picturceque villagcs, and thc ever-prescm waterfront" (Maste~ Plan Update,
1985). Due to this open space, the Town has a tremendous development petcntial. Bleak pictures
have been painted ia a low documenlz, warning of stiip-type developmenk suburban sprawl and
water supply issues. The preservation of open and rccreational space is not only aesthetic, but also
a necessity for the presen(ami future needs of file Town.
3. Preservation.of the Rural, Cultural, Commercial and Hialorical Character of the
Hmlm,and S~ ,
ciam~..Tla~ ~ '- ~i' '~ .,~,~k~/.~ -, _.., ' ~ ~
are keeping growth in fl}e c, xisliag hamlet centet~ and pre~erving the enhancing the sun'oanding nwal areas.
Additionally, the Master Plan Update recommends the provision [or ~a community of re~dential hamlets
that are comprised ora variety of housing opportunities, commercial, setwice and cultural activities, set in
au 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 deslroying its tmditioual
economic base. the natural cnvironmenl of which that base res[s, and the unique character
and the way of life that defines the Town" is of utmost impOrlanea'' (Ground Watershed
Protection and Water Supply Management Strategy). The Master Plan Update
recom.men~ presen, atiort of the Town's natural environment from wetlands to
woodlan& and to "aclueve a land use pattern that is sensitive to the limited indigenous
water mpply and will not degrade ~e subsurface water quality.
Thc omslanding needs enmncraled below arc [tlc culmination of careful comparison of Ibc inlenl and
objecuves of the to~na (as stat~ in pa~ l~d u~ pl~s ~ st~i~) ~d flxe c~enfiy existing mndigo~
along ~e Coun~ Route 48 ~mdon ~ n~s refl~t ~e ~ ~d pm~nt v~ion of ~e Town ~d
work ~t still n~s to ~done due to ~e pm~mi~ of CounB, Route 48 to ~e ~et m~ei~ ranters
~d lo avoid ~tent~ly m~i~i~ development s~tegi~ for ~ch ~s. ~e~ out~ng n~s we find
exi~ ~ou~out ~e To~ ~ ~e ~ly identifi~ as follows:
1) to provide for ~able ~d u~ d~elopment at levels of intemifi~ wMch ~e ~nsifive to subs~am
wamr q~ ~d q~ti~
2) To ~min ~d s~n~en hamlet ~te~ as ~e focus of mmmercial, msidenti~, ~d c~l
activity;
3 ) To pmso~e ~e o~ a~i~tml ~d ~ c~cter of ~s ouuide of die l~et ~nters;
4) to provide for a v~ of ho~Mg op~amti~ for ~tmns of different inmmes ~d age levels;
5) to e~ ~ op~mfi~ for ~-fdm~y shopping;
6) to ~n~e to the sup~ of ~ To~'s a~cul~ ~nomy;
7) to m~m ~e Tom's m~ ~ incfu~g its ~1 I~tion ~d a~ml~ ba~, by
bal~ng ~mmemh~ ~idenfi~ ~d ~fio~l ~:
8) to ~ ~e Town's me-mtio~ ~d ~e~mm~c~ aaivifi~;
9) m entourage ~ p~fion of ~d ~d pubic a~ W ~e wateffiont;
[0) to mp~R ~ by malntai~ ~d ~c~ ~e To~'s ~ ~t foyer a mm~ ~e,
~mely ~ m~ ~ ~ ~ofic ~gg ~t~ a ~ ~ p~, .of ~ ~ o~n
11)[ m p~~ ~ ~~on~;
12~ m ~ ~ ~ odt..~ ~ ~d ~o~ ~ of ~e T~;
14)2 tu enmm~ ~ ~ ~ ~ ~de ~ out of
15~ to prorate ~ ~nomy ~ m ~;
16~ m p~e ~e ~e~ of the T~'s v~emfive ~b~ induing ~hmter w~ ~d
w~lan~.
Section 2. Enactment
Therafore, based upon rite aforementioned goals and identified need~ of the Town and upon our
consideration of rite recommendations and comments of our Planning Board. the Suffolk Count3' Planning
CommiSSiotz our planning consultant (CCG) and the public comment taken at.the public heating and
otherwise, we horeby change the zoning dis[rim designation for tim parcel known as
SCTIvI~ ~(~)(.,~C)-(~'"[i.J(, 0C)-03.C)0-011~_ 000 __(and as more fully described
hcrcin below) from the
SCTM # 1000-074.00-03.00-015_000
ALL that certain plot, piece, or parcel of' land with the buildings and improvements thereon
erected, 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 northeast side of`Peconic Lane distant 213.40 feet
southeasterly from the comer formed by the intersection of the southeasterly side of Middle Road
with the northeast side of Peconic Lane, said point also being where the southeasterly line of land
now formerly of Waxler intersects the said northeast side of Peconic Lane; running thence along
said last mentioned land North 43 degrees 06 minutes 40 seconds East 236 99 feet to the easterly
comer thereof; mrming thence still along said land now or formerly of Waxier, North 43 degrees
59 nsnures 1,3 seconds West 101 60 feet to the easterly comer of land now or 5ormerl5 of
Pupecki. ~tirt~rtu thence along the nc.r~t-~easterl',' iit:e ,::f said last i'tteilti,3i~¢d !and >\o~h 43 degree':
26 minutes 30 seconds ~t,'est i0 i7,5 feet to the southeast side of Middle Road, vt~rming thence
North 45 degrees 36 minutes East along the southeast side of Middle Road 155.20 feet to the
southwesterly line of land now or formerly ofWolo~K', mrming thence along said last mentioned
land South 43 degrees40 minutes East 197.93 feet to the southerly comer of said land of Wolost'~
running thence along the southeasterly line of said last mentioned lind North 43 degrees 54
minutes East 78.85 feet to land now or formerly of Lang; rtmning thence along the southwesterly
lines of last mentioned land and land now or formerly of Hmrston South 40 degrees'01 minutes ~r0~,
120.73 feet to land now or formerly of Adipietro; running thence along the northwesterly line of
said last mentioned land South 43 degrees 29 minutes West 466.25 feet to the northeast side of
Peconic llme; minting thence North 42 degrees 15 minutes 30 seconds West along the northeast
side of Peconic Lane 120.00 feet to the point or place of beginning.
BEING and intended to be the same premises conveyed to the party of the first part herein
by George A. Turner and Sarah M. Hahn by deed dated September 4, 1948 and recorded
inthe Suffolk County (:/~'s Office on September 11, 1948 in Liber 2871 of deeds at
page 42.
Sectio9 3.
I ~l~e zoning map as adopted by section 100-21 of the Town Code of flxe Town of Southold is
herebyI amended Io reflect the ~vilhin change of zoning district designation for said parcel.
Section 4.
THIS LOCAL LAW SHALL TAKE ~,i~ ~CT FM/v~DIATELY UPON FILING- WITH THE
SECRETARY OF STATE.
SOUTHOLD TOWN CLERK
OCTOBER 19, 1999
Local Law 4t
(Use this form to file a local law with the Secretary of State.)
Text of law should be givetl as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
E}t}X of $outhold ...................................
Town .....................................................
LOCAL LAW NO. 38 OF 'DIE YEAR 1999.
A LOCAL LAW TO CHANGE THE ZONING DI.STRICT DESIGNATION OF THE PARCEL
OF PROPERTY KNOWN AS Suffolk Count) Tax Map (SCT1V0 # 1000-074.00-03.00-015.000
FROM TItE
(R40i RESIDENTIAL LOW DENSITY ZONING DISTRICT DESIGNATION TO THE
(RO) RESIDENTIAL OFFICE ZONING DISTRICT DESIGNATION.
BE [T ENACTED BY THE TOWN BOAP. D OF THE TOWN OF SOUTHOLD AS FOLLOWS:
Please see attaclxed.
(If additional spnc~ is needed, nffllch pages the same size ~8 this sheet, and number each.)
(I~
LOCAL LAW NO 38 OF THE YEAR 1999.
A LO 7AL. LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THE PARCEL
OF PROPERTY KNOWN AS Suffolk Cotmt3' Tax Map (SCTIvB # 1000-074_00-03.00-015.000
FROM THE
(R-40~ RESIDEN-I'I~_ nOW DENSITY ZONING DISq~RICT 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 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) Presem,ation of Farmland and Agricultore; (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 set forth herein below:
1- Preservation of Farmland and AgriCulture
Farmland is a valuable and dynamic induslx'j in the Town of Southold. The open
farmlands are not only highly cherished for their economic value, but for the scemc vistas they provide.
The open space and seena-y created by famfland additionally contributes to the.quality of life of the
residents, while promoting touri~n and recreation_
2. Preservation of Open and Recreatioual Space
The Town of Southold relics heavily upon its scenic beauty and open landscapes for
recreation_ clean ak and water, as well as for its atWaction to tourists and recreation-seekers. The
Town Ires 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 Lhis 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 presenl 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 Southold is renowned for its rural, cultural, conunereial and historic
chara~r. Tiffs unique char~ter is m~Lmi?~d in all of the documents tmfcwed. Based on the input of
Town residents, the Final Report and Recommendations states that ;he two most pt, cvalent and key issues
] i ' LEGAL NOTICE
NOTICE OF pLrBLIC HEAR~
i ING ON 'A LOCAL, LAW TO STATE OF NEW YORK)
i: AMEND THE ZONING. MAP OF
- THE TOWN OF SOUTHOLD BY )SS'.
~ CHANGING THE ZONING DIS- COI~NTY OF SUEFO~K)
.TR,CT oP sc. # 1000-074.00-
'/03_00-015.000 PROM the R-40 LU{ of Mattituck, in said
., R~.:... (: , .: O,...,~ county, being duly sworn, says that he/She is
..... ,i x(,~. ~.. ~ ~l. Principal clerk of THE SUFFOLK TIMES, a
,,. , ,,~,~,,~ .., ,.:..,..,.,¢
... a. :',a.... '" ~"~" ' ! the ToWn of $outhold. County of Suffolk and
':~ ~fork. that the Town Board of the State of New York. and that the Notice of which
,!!', Town of Southoid will hold -a PUB-
!:;LIC. HEARING on the aforesaid the annexed is a printed copy, has been regu-
i LOCAL LAW at the $OUTHOLD. larly published m said Newspaper once each
~ ' TOWN HALL, 53095 Main Road,
i~! Southold, New York, at 2:30pm, week for [ weeks sttccessively.
~!:Monday. O~toher4, 1999: thb P~blic commencing 9n the
day
i ~Hearing ~vill be continued on
· i' at the same location. The purpose of
'!:-the Local Law:is to Change the [ --~[.~x~_O &~i ~'~
Iii' Zoning District of SCTM # 1000- ,
~'/- 074 00-03 00-015 000 on the Town '
' R~.qdenlial I.ow'-Dcn~fl~ Di~tric! lo
: !hc R¢s~dcnlial ¢)fficc (I;lO) i)~a;ricL
Ihc as~c~mcn! rocorcl hsl*, Edward Sworn ~o beforc
"prop~rl.V. 'l'h¢ p~operlv is Iocaled on
· inlcrscclion o1' Rn.{c 48 a,d I"ceo.lc ~"/'c"~'d.~ ~ [~ RY DIANA FOSIE?~
Lane (cross -Iru¢l). I'h¢ prol}Clly
conlain.°. approxirnau:ly 2 acres -.,
; Ilus Local Law is 'entitled, "A -
;LLOCAL LAW TO CHANGE THE , ,
!!~ .ZONING DISTRICT DES-
..... - ,.,.,...,,..,,,..,.,,, ...,.I
DENSITY DISTRICT DESIGNA-
:TION TO 'THE RESIDENTIAL
~:OFFICE (,R.,O.) DISTRICT ' '
i DESIGNATION . . '
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
17 on the proposed amendment should
i. appear, and has the right tO apl~ar,
[ ! at the time ~nd piace,above so spe~: '""
': ified: Any person also has tl~e right
[i~ to submit written comments to the
,, South01d Town Clerk ~ither print to
,l~.li' th~ public,hearing or atthe public
. BY ORDER OF'THE TOWN
i;i: BOARD OF THE 'TOWN .OF
[~i SOUTHOLD, souTHOLD, NEW
irt;. Dated: 9/14/99'
~;i ELIZABETH' A. NEVILLE
~ SOUTHOLD TOWN CLERK
[!!:~770-1TS23 '
ELIZABETH A. NEVILLE ~%%~ Town Hall, 53095 Main Road
TOWN CLEHK ~_SI P.O. Box 1179
Southold, New York 11971
REGISTRAR OF VITAL STATISTICS ~ _e~ ~-~ Fax (516) 765-6145
MARRL~GE OFFICER
RECORDS MANAGEMENT OFFICER Telephone (516) 765-1800
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS
ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
HELD ON SEPTEMBER 1~. 1999:
RESOLVED that the Town Board of the Town of Southold hereby refers the
proposed zoning map changes annexed hereto to the Suffolk County
Planning Commission and the Southold Town Planning Board; and be it
FURTHER RESOLVED that the Town Clerk be and she is hereby authorized
and directed to to schedule the times for public hearings on Monday,
October LL Tuesday. October 5. and Wednesday. October 6. 1999 on the
proposed Local Laws for the zone map amendments.
'E'lizabeth A. Neville
Southold TOwn Clerk
September la.. 1999