HomeMy WebLinkAboutLL #26 2000THIS IS TO CERT1FIY THAT THE FOLLOWING LOCAL LAW WAS ADOPTED AT THE REGULAR
MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 12, 2000:
LOCAL LAW 26 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) #1000-141.00-03.00-032.001
FROM THE
(LI) LIGHT INDUSTRIAL 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 paRerns within the Town, and based upon our current County Route 48 Land use study as well as
nur~erous land use studies and plans developed heretofore, we hereby determine that it is necessary and desirable to
rewse 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 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 attxacted 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 sprawi 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 Recorrmaeodations 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 Town without destroying its traditional economic base, the
natural envirmm~ent 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 To~vn' 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 proxi~nity 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)
4)
5)
6)
7)
8)
9)
10)
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 To~vn'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 presmwe 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
Comndssion, our plamfing consultant (CCG) and the public comment taken at the public hearing and otherwise, we
hereby change the zoning district designation for the parcel kno~vn as
SCTM # 1000~ 141.00-03.00-032.001 (and more fully described herein below) from the
(LI) LIGHT INDUSTRIAL zoning district designation to the
(LB) LIMITED BUSiNESS zoning district designation.
SCTM # 1000-141.00-03.00-032.001
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon
erected, situate, bSng and being at Mattimck, in the Town of Southold, Suffolk County, New
York, and bounded and described as follows:
BEGINNING at a point on the northwesterly line of land of the Long Island Raikoad, distant
North 45 degrees 05 minutes 00 seconds East, 77.52 feet as measured along the northwesterly
line of land of the Long Island Railroad, fi.om the comer formed by the intersection of the north
westerly line of land of Long Island Railroad and the northeasterly side of Westphalia Avenue said
point of beginning also being where the northeasterly line of land of Harry Sacks intersects the
northwesterly line of land of Long Island Railroad; running thence North 44 degrees 55 minutes
00 seconds West, along said land of Sacks, 65.00 feet to a 25 foot right-of-way (formerly Albert
H. Silkworth and formerly ofHemy P. Tuthill); thence North 45 degrees 05 minutes 00 seconds
East, along said right-of-way, 30.00 feet to land formerly of Albert H. Silkworth (formerly Hemy
P. Tuthill); thence South 44 degrees 55 minutes 00 seconds East, along said last mentioned land,
65.00 feet to land of Long Island Railroad; thence South 45 degrees 05 minutes 00 seconds West,
along said last mentioned land, 30.00 feet to the point or place of BEGINNING.
Together with a non-exclusive fight of way 25 feet in width running fi.om the northeast comer of
said premises west along land of Sacks to Westphalia Avenue.
The party of the first part herein is the same person as the grantee in the deed dated 8/22/74
recorded 8/26/74 in Liber 7701 cp 415.
Section 3.
The zoning map as adopted by section 100-21 of the Town Code of the Town of S outhold 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.
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 Ha]l, 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 fi.om LI Light Industrial Zoning District Designation to the
LB Limited Business Zoning District Designation of a certain parcel of land ly/ng in the Town
of Southold identified by SCTM It 1000-141.00-03.00-032.001; and
WHEREAS, GEIS which said "no further SEQRA review required" when "Changing the
Zoning Category of a pamel fi.om one industrial zone to another industrial zone, or from one
commercial zone to another commercial zone, of fi.om an industrial zone to a commercial zone
shall not require further SEQRA review iff
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 fi-eshwater 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 NEGAT1VE DECLARATION
pursuant to the SEQRA roles and regulations.
Southold Town Clerk
September 12, 2000
LEGAL NO~ICE
NOTICE OF PUBLIC HEAR-
lNG Obi A LOCAL LAW TO
AMEND THE ZONING MAP OF
THE TOWN OF SOUTHOLD BY
CHANGING THE ZONING DIS-
TRICT DESIGNATION OF SCTM
# 1000-14L0(I-03.00-032.001 FROM
THE LIGHT INDUSTRIAL (LI)
DISTRICT DESIGNATION TO
THE LIMITED BUSINESS (LB)
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 Southold,
Suffolk County, New York, that the
Town Board of the Town of Southold
will hold a PUBLIC HEARING aa
the Aforesaid I~OCAL LAW at
SOUTHOLD TOWN HALL, 53095
Main Road, Southold, New York at
5:00 p.m,, Tuesday, August 29, 2000.
The purpose of the Local Law isto
Change the Zoning District
D~i~ation of SCTM # 1000-14L00-
03.004)32.001, on the Town Board's
Own Motion, from the Light
Ind~trial (LI) District Design~tinn
to the Limited Business (LB) ~
De~ffi~ation. The assessment records
li~t Wllhem Ga~ton a~ the Ow~ of
the I~roperty. The Property is located
on the north side of Westphalia Road
we~t of the intersection of the Long
Island Railroad and Westphalia
Road. Tbe Property contains
approximately .18 acres.
The Local Law is entitled, "A
LOCAL LAW TO CHANGE THE
ZONING DISTRICT DES-
IGNATION OF THE PARCEL OF
PROPERTY KNOWN AS SCTM #
10~0-141.00.g3.00-032.001 FROM
THE LIGHT INDUSTRIAL (LI)
DISTRICT DESIGNATION TO
THE LIMITED BUSINESS (LB)
DISTRICT DESIGNATION.
. Copies of this LocaI Lan 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
Southuid Town Cl~rk 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. Neville
Southold Town Clerk
1483-1TAu17
STATE OF NEW YORK)
)SS:
COU. NTY OF SUFFOI~K,) ,
\[~.(~/~ F' (~)1[ [ IS' of Mattituck, in said
county, being duly sworn, says that he/she is Princ%pal
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,
the ~'~ +~ day
commencing o~
of 2o .. ,
(~ -Principal Clerk
Sworn to before me tills
day of
lNG ON A f~O4~.~J, l.~w ~lO
AMEND ,THE ZONING MAP OF
THE TOWN OF SOUTHOLD BY
CHANGING THE ZONING DIS-
TRIC'F DESIGNATION OF SCTM
# 1000-141.00-03.00-032.001 FROM
'I~HE LIGHT INDUSTRIAL (II)
DISTRICT DESIGNATION TO
THE LIMITED BUSINESS (LB)
DISTRICT DESIGNATION.
PUBLIC NOTICE IS HEREBY
GIVEN that pu~uant to Section 265
of the Towfi Law and requirements
of the Code of the Town of Sou&old,
Suffolk County, New York, that the
Town Board of the Town of Southold
',~11 bom a PUBLIC HEARING m
the Arore~ald LOCAL LAW nt the
SOUTHOLD TOWN HALL. 53095
Main Road, Southold, New York at
8'.05 a.m., Tuesday, August 15, 2000.
The purpose of the Local Law is to
Change the Zoning District
Designation of SC'TM # 1000-141.00-
03.00-032.001, on the Town Board's
Own Motion, from the Light
Industrial (LI) District Designation
to the Limited Business (LB) District
Designation. The a~ssment records
list ~'][[Inm Gny~oll u the ~ of
the property. The Property is loc~tod
on the north side of Westphalia Road
west of the intersection of the Long
Island Railroad and Westphalia
Road. The Property coatnin$
aPProximately .18 acres.
The Local Law is entitled, "A
LOCAL LAW TO CHANGE TH~
ZONING DISTRICT DESIGNA-
~TION OF THE PARCEL OF
PROPERTY KNOWN AS SCTM #
! 000-14 L00-03.00-032.00! FROM
THE LIGHT INDUSTRIAL (LI)
DISTRICT DESIGNATION TO
THE LIMITED BUSINESS (LB)
DISTRICT DESIGNATION.
Copies of this Local Law are avail.
able in the Office of the Town Clerk
to any interested petsous during reg-
ular business hom~.
Any persous desiring to be heard
on the proposed~amendment should
aPpear, and has the right'to append,
at the time nnd place above s~apec~-
fied. Any person aiso hes the rlght to
submit written comments to the
S~uthold Town Clerk either prior to
the Public Hearing or at the Public
Hearing.
BY ORDER OF THE TOWN
BOARD OF THE TOWN OF
SOUTHOLD, SOUTH. OLD, NEW
YORK.
Dated: July 21, 2000
Elizabeth A. Neville
Southold Town Clerk
I426-ITJy27
STATE OF NEWYORIO
)SS:
UNTY OF S,U,F =p,
~ ~/.~IF)~ ~/)!///.~ 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,
com~en~ing on the _r,.) 7-~ day
of ~/-.~//~ 20 /'")(~ .
{...) Principal Clerk
Sworn to be~_~j:e me this
day of ~..~ [,~ 20C0
CHR;S'nNA T. WEgER
NoI~/Public, Slate 0{ New Y01k
No. 01WE6034554
Comm~i0n E~)ites Decambe[ 13,<~ I
· ~-~' LE~L NOTICE
~NOTIC~, OF PUBLIC I'I~AR"
INO O~ A LO~AL LAW TO
AMEND THR ZONINO MAP,OF
TO~.OF SOLrI~-IOLD BY
' ~-LANO~G THE ZON~NO DIS-
TRICT DESIONATION OF SCTM
#1000-141,00-03.00-032.00! FROM
THE I~IGHT INDUSTRIAI~'~(LI) '
DISTRICT ' DESIGNATION- TO
'THI~ LIMITED BUSINESS (LB)
L;DISTRICTDESIGNATION. ;.
.~{PIJBLIC NOTICE .IS, HEREBY~!
~rl/EN ~that l~'rSu~nt t~
,-of.~h~:.Town' Law and
of the-Code of the ToWn of Southold,
~Su~olk CoUnty, New York, that the
;'~iTown Board of the Town of SouthOId'
:-will bom a PUBLIC HEARING o~
I~a Afo~said LOCAL LAW.at. the
SOUTHOLD TOWN HALI~ 5~095
Main Road, Soutbold, New Yodc at
8:0S'a,m., Tuesday, AUgUSt 15, 2000.
The pnspnse of the Local Law is to
Change the Zoning District
De,nation of sC'rlVl # 1000-I4L00-
:03;00-032.001, on the Town Board's
Own Motion from the Light
. Indnstria! (LI) District Desi~Stinn
,tO the Limited Business (LB) DisUtc~
i Deg~natiun. Thg assessment records
Ibt~lmu Gudrun ss the Owo~ of
i ,' ~be ~operi~.~Th~ Property is I~:nMd
~hthe north sidt of Westphalia Rund
· west of 'the inte~don of th~ Long
' Island Railroad and Westphalia
R6ad. The Property contains
a~mately ;18 acres.
The Local Lzw is entitled, "A
LOCAL LAW TO CHANGE THE
~ZONING DISTRICT DESIGNA-
L~TION~ OF THE PARCEL~.OF.
"~PROPERTY KNOWN AS SCTM #
~1000-141.00-03.00;032.001 : FROM
!~TH~ LIGHT INDUSTRIAL (LI)
:kD]~$TRICT DESIGNATION TO
'~i'HE LIMI'I'~D BUSINESS .(LB)
~'DISTRICT DESIGNATION.
: ~'~ Co~ies of this Local Law arenvail-
¥~,~'~ the~Office of the TUwn Oefk
.' ~.~ny interested perSOns during
';tiler business hours.
:, ~my persons desiring to be heard
oh~the proposed amendment ~Unld
~ appear, ned has the right to appear,
at the time and place above s~
~ed. Any person niso has the fight to
m'omit .written comments to the
'~ S~thold Town Clerk either prior to
fhe Public Hearing or at the Public
He~fing. -c
BY O~ER O~ TH~ TOwN
BOARD OF THE TOWN OF
$OUTHOLD, SOUTHOLD, NEW
YORK.
Dated~ July 2I, 2000
Elizabeth'A. Neville
Southold Town Clerk
,142~,.1Tiy27
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
qo.q°
,,
CONSULT YOUR LAWYER BEFOI~E SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY.
T~ LNDF.~ made the 1st day of September , nineteen hundred and ninety-four
B~FN MATTITUCK PARK DISTRICT, a municipal corporation with office and
principal place of business at (no #) Main Road, Mattituck, New York 11952,
party o[ the first part, and
L.Lf
12, ~7 ~- ~1 20
WILLIAM M. GUYTON, residing at 975 Hill Road West, Southold,
New York 11971,
party oi the second part,
WITN~, that the party of the first part, in consideration of Ten and 00/100 ...............
................................ ($10.00) .................................. dollars.
lawful money of the United States. and other good and valuable consideration paid
I~y the party of the second part, does hereby grant and release unto the party of the second part, the heirs or
successors and assigns of the party of the second part forever,
Ail. that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate,
lying and~ingJ:m=~ at Mattituck, Town of Southold, County of Suffolk, State of
New York, bounded and described as follows:
BEGINNING at a point formed by the intersection of the easterly side of
Wgstphalia Avenue with the northwesterly side of land of the Long Island Railroad
Co.; running thence along the easterly side of Westphalia Avenue the following
two (2) courses and distances: (1) North 63° 22' 00" West, 49.70 feet; thence
TAX MAP
DESIGNATION
1000
141.00
03.00
032.000
(2) North 70~ 44' 00" West, 19.83 feet to a monument and land~ now or formerly
of Silkworth and Tuthill; running thence along said land,th 45 05' 00' East,
101.88 feet to a monument and land now or formerly of tTPurchaser; running
thence along said land South 44° 55' 00" East, 65.00 ~et to a monument and
land of Long Island Railroad Co.; running thence 71o said land South 45° 05'
,, i1~ said
00 West, 77.52 feet to the point or place of BEG~N~ING.
TOGETHER with a right-of-way in common with others, which right-of-way is bounded
and described as follows:
BEGINNING at a monument on the easterly side of Westphalia Avenue at the northwest
corner of the premises hereinabove described; from said point of beginning running
along the easterly side of Westphalia Avenue, North 70° 44' 00" West, 27.77
feet to a monument and land now or formerly of Sidor; running thence along said
land the following two (2) courses and distances: (1) North 45~ 05' 00' E~st,
"RECORDED
193.97 feet to a monument; thence (2) South 44° 55~ 00" East, 25 feet to land
now or formerly of Silkworth; running thence South 45° 05' 10" East, 181.88
feet to the point or place of BEGINNING.
BEING AND INTENDED TO BE the same premises conveyed to the party of th~,
first part by deed dated July 8, 1981 and recorded in Suffolk County Clerk's
Office on July 24, 1981 in Liber 9041, Page 95.
EDWARD P, ROI~AiI~
1994 CLERK Ch= SIA=R~K CO{.INlV ,~ ...... .,,.