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HomeMy WebLinkAboutLL # 41 1999 EI.IZ~BETH A. NEVII.LE ~'~ Town Hall, 53095 Main Road TOWN CLERK i{~II~l P.O. Box i179 '~ r'° I Southold, New York 11971 REGISTRAR OF VITAL STATISTICS ~ Fax (516) 765-1823 MARRIAGE OFFICER RECORDS ~LMNAGEMENT OFFICER Telephone (516) 765-1800 FREEDOiX{ OF INFORMATION OFFICER , OFFICE OF THE TOW-N CLERK TOWN OF SOUTI-I©LD 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 41 OFTHE YEAR 1999. A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THE PARCEL OF PROPERTY KNO~Sqq AS Suffolk Count3_' Tax Map (SCTM) # 1000-074.00433.00-016.000 FROM THE (R40) RESIDENT[AL LOW DENSITY ZONING DISTRICT DESIGNATION TO THE (HB) HAMLET BUSINESS ZONING DISTRICT DESIGNATION. BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS: Section 1. Legislative [nlent 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 I~nd use studies and plans developed heretofore, we hereby determine that it is nccessary 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 o1' 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, az more specifically set forth herein below: 1. Prezervation of Farmland and Agriculture . Farmland is a valtmbl¢ and dynamic indu.q~ in the Town of Southold. Thc ~ 2. P~an of Open andRecrcattonal Spa~e The.~owh of Southold relics heavily upon itsscenic beauty and op~t recreotio~ ~lean ~iir and water, as v~[[ as for ils at. action to tou~ts and recreation-seeker. The _Town has atlractnd many second homeown~s because of its "r~h,~tl ~ abtmdafi~ of open space, farms, piOurosque villagcs, and the ever-present waterfronC (Master Plan Update, 1985). Due t9 this open space, tho Town has a Ucmcndous development potemial. Bleak pictures have been paintnd in n few documents, warning of strip-type development, suburban sprawl and water supply issues. The preservation of opon and recreational space is not only aesthetic, fiut also a necessity for the pre, cut and future needs of the Town. 3. preservation of thc Rural, Cultunll, Commercial and Historical Character of the llamlete and Surform_ding Are,~ are kcoping growth in thc cxistirtg hamlet centers and pre~.,n~ing the enhancing the sm'rounding rural areas Additionally, the Master Plan Update recommends the, provision for ~a community of residential hamlets that am comprised of a varioty of housing opportunities, commemia[ service aM cultural activities, set in an open or rural atmosphere and supported by a diversified ecortomic base (in¢Iuding agriculture, mm-the commercial and seasona! rccrnation activities).' 4. Preservation of the Natural Environment Accommodating "growth and change wi~rt the Towrt vdthout des~'oying its traditional economic base, tho natural environment ot~ which tl~t bas~ tests, and the tmique chaca~er and the way of life that defines thc Town" is of utmost importance' (Ground Watershed Protection and Water Supply Management Strategy_). The Master Plan Update recommends preservation o£ the Town's natural environment from ~.,etl~mds to woodlands and to "achieve a land use. pottem that is sensitive to the limited indigenous '~ter supply and 4411 not degrade the subsurface water qnatity. ~ttc outs[anding nccd.,~ enumerated bc]o~ arc dtc cuhldrmtJoit of carelul cmnpad~on of Ihe in[em ~d objec[ivcs of Ihe Iown (as s~t~ in pan l~d ~ pl~s ~d studio) ~d the c~em[y e~sfing ~n~ons ~ong ~ Coun~ Rouie 48 ~mdor. ~ n~ refill ~ ~st ~d pr~nl vision of ~e Town ~d the work ~t s~ n~s Io ~ done due to ~e ~o~ of Co~ Route 48 to ~e M~et ~ ~nte~ ~d to avmd ~tenti~ly ~i~i~ d~inpment ~tegi~ for tach ~s. ~em out~ng n~ we find exist ~ou~out ~e Tom ~d ~ ~ly iden~ ~ follows: 1 ) to provide for viable l~d um development at l~e~ of inte~ifies w~ch ~e ~nsitive to subs~a~ water qmliw and q~ 2) To ~n~ ~d ~co~en ~et ~nte~ as ~e fores of ~mmerc~l. r~idenfi~. ~d c~l activi~ 3) To pmm~e ~e o~ a~t~l ~d ~ c~cter of ~s ou~ide of the ha~et ~ntem; 4) to provide for a vmeq of hous~g op~R~fies for citke~ of differenl in~m~ ~d age levals; 5) to e~ ~e op~mfi~ for ~-ffi~y shoppi~; 6) to ~n~ue to ~e su~n of &e To~'s a~lt~ ~nomy; 7) to ma~ ~e To~'s ~ ~, indu~g its ~1 I~tion ~d a~cul~ barn, by ~ng ~mmem~ ~idemi~ ~d ~fio~l ~; 8) to ~m ~e Tom's me-mfianM ~d me~emi~ a¢iviti~; 9) to on--ge ~ p~a~on of ~ ~d p~lie a~ to ~e ~teffmat; 10) to ~ t~ by ~ md ~mg ~ Tom's ~ ~t fos~r a toga ~de, ~y ~ ~ b,~ ~ofic hm~g~ ~t~ a ~ of p~, of ~ md o~n 1 I) to p~ ps~ ~,,,1~ ~ ~ ~ ~fion ~ ~ 12) to ~~og~~,,,~l~lo~~eT~; 14) to ~ge ~p~ ~ ~ ~ ~i~ ~ ~ of ~ ~; I ~) to pmm~ ~ ~nomy ~d ~ ~; 16) to p~ ~e i~e~ ofthcTo~'s veg~fi~ ~bi~tm induing ~wat~ wcfl~ ~ wo~lan~. Section 2. Enactment 'fherefore, based upon the aforementioned goals and identified needs of the Town and upon our consideration of rite recommendations and comments of our Planning Board, the Suffolk Count3, planmng Commission, our planning consullant (CCG) and rite public comment taken at the public hearing and otherwise, we hereby change rite zoning district designation for rite parcel known as SCT~# lO00-O'Tt~. O0-03. O0-016 ,000 (and more full], des~ribeA herein below) from rite SCTM # 1000~074.00-03.00-016.00 PATRICK ADIPIETRO and ROBERT ADPI~TRO as joint tenants 2980 Peconic Lane, P_O_ Box 174, Peconic, New York 11958 WITNESSETH, that the party of the first part in consideration of tell dollars and other valuable consideration ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Peconic, Town of Southoid, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northeasterly side of Peconic Lane distant 78 30 feet north-westerly from the intersection of the northeasterly side of Peconic Lane v, itb the ~onhwesterlv ~ide of land of the Long Island Railroad. said ?oin[ of beginning being also x~ biere the northwesrerlxr side of land nov~' or former}.,- or' Hairston intersects the northeasterly side of Pecomc Lane; RUNNING THENCE North 42 degrees 15 minutes 30 seconds West along the northeasterly side of Peconic Lane 128.00 feet to land now or formerly of Turner; RUNNENG THENCE North 43 degrees 29 minutes 00 seconds East along the last mentioned land 466.25 feet to other land now or formerly of Hairston; RUNNING THENCE South 40'degrees 01 minutes 00 seconds East along the last mentioned land 239.43 feet to land of the Long Island Railroad; RUNNING THENCE South 47 degrees 32 minutes 00 seconds West along the last mentioned land 285.61 feet to land now or formerly of Hairston; RUNNING THENCE along the last mentioned land the following two courses and distances: 1. North 44 degrees 30 minutes 00 seconds West 84.00 feet; 2. South 45 degrees 35 minutes 00 seconds West 166.80 feet to the northeasterly side of Peconic Lane at the point or place of BEGINNING. BEING and inlended to be the same premises ns conveyed to party of the tim part by deed dated September 23, 1991 and recorded on September 2.4, 1991 in the Suffolk County Clerk's Office in Liber 11340 Page 315. 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 withirt change of zoning district designation for said parcel. Section 4. THIS LOCAL LAW SHALL TAKE EPH~CT IM/vlEDIATELY UPON FILING WITH THE SECRETARY OF STATE. ZABETH A. NEVILLE SOUTHOLD TOWN CLERK OCTOBER 19. 1999 (.ocaI Law ' ~ '"'*'WYORKSI'ATEDEPARTMENTOFSTATE ~se ~is fo~ W file a Io~l law wl~ ~e ~cmm~ of Smt~) Text of law should be given as amended. Do not include ~Rer ~ing eliminated and do not ital~ or underlining t~ indi~t~ new matter. ~ of .............................. ~!~ .............................................. ~wn EO~ EAW ~O. 4] OF ~ ~ ~999. A LOC~ LAW TO CH~GE ~ ZO~G DIS~CT D~SIGNA~ON OF ~ P~CEL OF PROP~~ ~0~ AS S~o~ Co~ Tax ~p (SC~ ~ 1000-074.00-03.00~016.000 ~OM 2~ (R40) ~S~E~[M~ LOW DENS~W ZO~NG DIS~CT DESIGNATION TO ~ ~) H~ET BUS.SS ZO~G DISTRICT DESIGNA~ON BE IT ~AC~D BY ~ TO~ BO~ OF 7~ TOX~ OF SO.HOLD AS FOLLOWS: Please see altached. (If additional space Is needed, attach pages the same size as this sheet, and number each.) LOCAL LAW NO. 41 OF THE YEAR 1999 A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THE PARCEL OF PROPERTY KNOWN AS Suffolk Count5- Tax Map (SCTM) # 1000-074.00-03.00-016.000 FROM THE (R-40) RESIDENTIAL LOW DENSITY ZONEqG DISTRICT DESIGNATION TO THE (HI3) HAMLET BUSINESS ZONING DISTRICT DESIGNATION. BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS: Se~-tion 1. Legislative Intent Consistent with our compcehensive 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 heretofure, 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) Preservation of Farmland and Agriculture; (2) Preservation of Open and Recreational Space; O) 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 industry in thc Town of Southold. The open farmlands are not only highly cheristKM for their economic value, but for the scemc vis~s they provide. "The open space and scenery created by fan-Mand add/fionally cotun'butes to thc quality of l/re of the · residents, wlfile 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 atWaction to tourists and recreation-seekers. The Town has attracted many second homeowne~ because of ils "natural resources, abundance of open space: farms, picturesque villages, and the ever-p~sent waterfront" (Master Plan Update, 1985). Due to this open space, the Town has a t~emendous development potential Bleak pictures have been painted in a few documents, warning of strip-type development, suburban sprawl and water supply issues. Tile preservation of open and recreational space is not only aesthetic, but also a necessity for the present and future ~leeds of the Town. 3. Preservation of the Rural, Cultural, Comntereial and Historical Character of the Hamlets alld Surrounding Areas The Town of Southold is renowned for its rural, cultural, COl~ aed historic character. This uniqan character is recognized in all of th~ documenis reviewed. Basod on the ~ of Town residents, the Final Report and Recommendations states tha~ the two most prevalent and key issues ELIZABETH A. NEVILLE ,~ Tov~ Hall, 53095 Ma~n Road TOWN CLERK I P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold, New York lt97I i',L~RRiAGE OFFICER Fax (516) 765-6145 RECORDS MANAGEMENT OFFICER Telephone (516) 765-1800 FREEDOM OF INFORMATION OFFICEi~ 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 considering a change in the zoning designation Rom (R40) Residential Low-Density District to (I-IB) Hamlet Business District of certain parcels of land lying in the Town of Southold ~dentified by SCTM# 1000-074.00-03.00-16.000; SCTM# 1000-074.00-03.00-17.00; SCTM# 1000- 074.00-05.00-01.000; SCTM# 1000-074.00-05.00-05.000; 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 NYC1LR 617.1 et. seq. and Chapter 44 of the Southold Town Code; be it further RESOLVED by the Tom 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.l et seq. and Chapter 44 of 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. I et. seq. and Chapter 44 of the Southold Town Code Elizabeth A. Neville Southold Town Clerk September 28. 1999 NOT[CE OF PUBLIC lNG ON A LOCAL LA~' TO AMEND [H~_ ZON~G b~ OF. ~ ~o~ or SOL~OL~ a~ ~ STAT~ OF ~W YO~) CH~G~G ~ ZO~NG DIS-' TRICT OF SC~ 100~074.~- . 03.00-016.~0 FROM the R-40 CO~ ~F &esMential Low-DensiW (R40) .(~)~i~t~ '; ~ co--W, berg d~y sworn, says ~t he/she is PUBIC NOT~E.~S HEREBY "~:~s ~ e~"to S~o~ ~cipM clerk of THE SUFFOLK T~, ~265 of th~'~n ~w ~a r~q~- men~ pf ~h~e of the To~ of weeMy newspaper, pub~shed at Ma~ck, ~ Somhold S~oa-Coun~, New ~e Tom of Sou~old, Co~W of S~folk ~d ~/~:~rk,: ~t ~e Town Bo~d of t~ Tow~ of SOa~old wffi~olff a:g~ ~ Smte'of New York, ~d ~at'~e No~ce of w~ch LOCAL LAW ~r ,he SOLilH0~B: tow~ ~L 5xos M~ ~0~d;' . ~ly pubBs~ed m S~d New~aper once ea~ · Som~old, NeW York, at 2~3~m; , week for '}- weeks s~ecessively, -~y, O~rober 4, 1999; thePub~ =u~ wm~ ,o~i~ea o~ ~ commenqmg ,6n the ~r~ day Wedn~ay, October 6, 199P at 5~ the Zo~a~ D~ct of S~l ~ l~- 074.1~)-O3.~-OJ6.OOO On ~ ~qa'fi' ~ P~ to,~-De~s/w ,RI0, +~ ~' cip~ Clerk ~ec~d list~ P~ ~pie~ & Sworn to before me fion of Ro&e 48 ~d P~o~c L~e MARY DIANA FOSTER ~ {aoss s~e¢ ~e prop~.ma=s [. ~OI~Y PUBLIC, SIATE O~~ YORK approimat¢~ 2 acio: ' . ~0. 5246552~2, S~FFOLK COOg~ T~ Local hw i~ enutled. A __ . , . ~ ~0M~SSION~iRESAUGU~31,~ L~ LAW TO C~NGE ~ ZON~G DISTRICT DES-I -IGNA~ON OF ~ PARCEE OF PROPERTY ~O~N AS SC~[ e i0~-O74.fi0-03.~-0 i 6 01~ FROM '~ R-40 RES~EN~AL LOW-" - ~: on t~ propos~d.men~en~ shoed ifi~ ~3 p~soa~o has ~ulhold To~ L~erk eflfier prior t~'pubhc he~ or'~t:the p~c 80~D~ OF .T~ ~OW~ OF , SO~OLD, SO~O~:~W I~,LIZA~ETI-I A. I~-~¥-ILLE ,~x~ Town HaJ], 53095 M~n Read TOWN CLERK ~ P.O. Box 1179 Southolcl, New York 11971 REGISTILiR OF VITAL STATISTICS Fax (516) 765-6145 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER Telephone (516) 765-1800 FREEDOi~! OF INFORMATION OFFICER OFFICE OF TIlE TOViN CLERK TO~VN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE 5OUTHOLO TOWN BOARD HELD ON SEPTEMBER lt~. 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 L~ Tuesday, October 5, and Wednesday, October 6, 1999 on the proposed Local Laws for the zone map amendments. EliZabeth A. Negille Southold TOwn Clerk September 1~. 1999 THIS INDENt/iRE, made the Q'~-day of November , nineteen hundred andninety-five KATHLEEN HANSEN 435 Hummel Avenue, Southold, New York 11971 o~strlct SECTION BLOCK LOT (;,R. PATRICK ~DIPIETROI%nd ROBERT t~IPIETRO as%tint tenants ~- ; 2980 Peconic Lane, P.O. Box 174, Peconic, New York 11958 party of the second part, WITNE. SS£TH, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the parry 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, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying'andbcingil~.~e at Peconic~ Town of Southold, County of Suffolk and State of New York, bounded and described as follo~s: BEGINNING at a point on t.~e n~r~5'~ide of Peconic Lane distant· 78.30 feet north- Dist. ~esterly from the intersection of the northeasterly side of Peconic Lane with the 1000 northwesterly side of land of the Long Island Railroad, said point of be~innin~ bein~ also ~,zhere the northwesterly side of land now or formerly of Hairston intersec~ sect. the northeasterly side of Peconic Lane; 74.00 RUNNING TH~CE North 42 de~rees 15 minutes 30 seconds West alert§ the northeasterly side of Peconic Lane 128.00 feet to land now or formerly of Turner; blk. 03.00 ;;RUNNING THENCE North 43 decjrees 29 minutes 00 seconds East alon~ the last mentioned land 466.25 feet to other land now or formerly of Hairston; Lot ; 016.000 ~NNING THENCE South 40 de~rees 01 minutes 00 seconds East alon~ the last mentioned &/land 239.43 feet to land of the Lon~ Island Railroad; RUNNING THENCE South 47 de§rees 32 minutes 00 seconds West alon~ the last mentioned land 285.61 feet to land now or formerly of Hairston; RUNNING THENCE alon~ the last mentioned land the follo~-~ing two courses and distances: 1. North 44 de~rees 30 minutes 00 seconds West 84.00 feet; 2. South 45 de~rees 35 minutes 00 seconds West 166.80 feet to the northeasterly side of Peconic Lane at the point or place of BEGINNING. BEING and intended to be the same premises as conveyed to party of the first part b3 deed dated September 23, ]·99l and recorded on September 24, 1991 in the Suffolk( County Clerk's Office in Liber 11340 Pa~e 3t5. TOGETHER w/th 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 tv said premises; TO HAVE AND TO HOLD thc premises herein granted unto the parry of the second part, the h~.irs or successors and assigns of the party of the second part forever. 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 party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of thc cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indent.ute $o requires. IN WITNESS WHEREOF, the party of the first part bas duly executed this deed the da.)' and year first above written. ..... I'rdk~ ~ .- ~HANSEN · - E B~VARD RECORDED