HomeMy WebLinkAboutLL # 42 1999 ELIZABETH A. NEVII,I,I~, Town Hall, 53095 Main Road
TOWN P.o. Box 1179
~.o~ ~~ ~ ~ Southold, New York ~1971
~GIST~tR OF ~T~ STATISTICS ~~~~ ~ Fax (516) 765-1823
RECORDS ~AGEME~ OFFICER
FREEDOM OF INFO~TION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD '
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. 42 OF THE YEAR 1999
A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THE PARCEL
OF PROPERTY KNOWN AS Suffolk Count? Trax Map (SCTM) # 1000-074.00-03 00-017.000
FROM THE
IR-40) RESIDENTIAL LOW DENSITY ZONING DISTRICT DESIGNATION TO THE
/HB) HAMLET BUSINESS ZONING DISTRICT DESIGNATION.
BE IT ENACTED BY THE TOWN BOARD OF ~ TOWN OF SOUTHOLD AS FOLLOWS:
Section t. 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 identify and adopt the following
ovcrall 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
from the shared vision held by residents and local public officials of the Town and which are
intended to foster a strong ecoanmy and which encourage and pre_serve 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 the Town of SouthalcL The open
farml~nd~ are not only highly cherished for their ecouomic value, but for the scenic vistas th~ provide.
Thc opcu space and sc~eoy cn:atod by f- ...I,~,~ agdifiomlly conlrib~c~ to Ihc q~dity of Iffc of thc
residents, while promoting tourimn stol mc~afion.
P~tion of Open and RecreatJoual Space
~. The T~ 0f ~ld rdies hcavily, upen its ~¢beal~Y,. ~ open land-mapes for
r~a~agn, cl~t. ~mr and water, as well as for ns attractio~ to tdmists and rec~alion-suekers. The
Town has aUi-a~ted many second homeowners because of its ~natma[ r~amme~, aN]ndunCe of
open space, fmlns, picture,clue villages, and ~h¢ ever-present waterflonf' (Master Plan Update,
1985). Due to Ibis open space, the Town has a tremendous development petenthL Bleak pictures
have been painted in a few documents, warning of ship-type development, suburban sprawl and
water supply isgues. Thc preservation of open and recreational space is not only aesthetic, but also
a nceessitv for the present and.future needs of the Town.
3. Preservation of the Rural, Cultural, Commercial and Historical Character of/he
Hamlets and
are keeping growth in tba exisUng hamlet centers and preserving the enhancing fl~e surrounding mini area~
Additionally. the Master Plan Update recommends the provision for "a community of residemial hamlets
that are comprised of a variety of honaing opportunities, commercial, service and cultural actiwties, set in
an open or rLtral atmospher~ and suppeaed by a cliversified econor~c base (including agriculture, marine
commercial and seasonal recreation activities)."
4. Preservation of the Natural Environment
Accoramodatmg "grouch'and change within the Town without dcstro34og its Lraditional
economic base. the natural environmenl of which that base rests, and the unique character
and the way of life that defines the Town" is of utmost imperlance" (Ground Watershed
Protection and Water Supply Management Strategy). The Master Plan Update
woodlands and to "achieve a ta~d use pattern that is sensitive to the limited indigenous
water mpply and will not degrade the subsurface water quality.
Thc outslanding needs enullleraled l~lox% are the cu[mlnatioa of car£fu} colnpanso[~ ol the inlenl ml~
obj~tives of the town (as stat~ in pa~ l~d use pl~s ~d studies) ~d the cugenlly existing con~tions
along the ~unly Route 48 mmdor. ~e~ n~ refl~t ~e ~st ~d premm wsion of ~e Tom ~d the
work ~l still n~ to ~ done due to ~e Pr0~~ of Coun~ Route 48 to ~e ~et m~erci~ mute~
~d to avoid ~tenri~ly m~icti~ d~elopmeut s~tegies for such ~s. ~ese out~&ng n~s we find
exist ~ou~od ~e Toxin ~d ~e s~fimlly iden~ as follow:
l) to provide for ~able I~ ~ developmeut al levcis of intemifi~ whch ~e ~na~tive to subs~a~
water q~i~ and qu~ti~
2) To minmin ~d ~co~an ~mlet ~nte~ as fl~e fores of mmmercial, msidenfi~, ~d ~I
acti~5
3) To pm~e fl~e ope~ a~ic~tml ~d ~ c~cter of ~s ou~ide of fl~e ha~et ~ute~;
4) to provide for a v~ety of hous~g op~mfi~ for cit~ens of differem in~mes ~d age levels;
5) to e~ ~e o~fi~ for ~-ffi~y siiopping;
6) to ~n~ue to the ~p~ of ~eTom's~mlt~nomy;
7) to m~ ~e To~'s m~ a~ ~ciu~g its ~1 l~tion ~d a~l~ b~, by
bal~qing mmme~ ~iden~ ~d rmfioml u~s;
8) to ~m &e To~'s ~fi~ ~d me~mmemi~ a~ihfi~;
9) m en~mge ~e pr~afiun of ~ ~d p~lic a~ to ~e wate~m;
10) to m~ ~m ~ ~ ~d ~g ~e To~'s ~ ~ f~er a toma ~de,
~ly ~ ~ ~, ~ ~e, ~t~ a m~ of p~, of mi ~ o~n
11) to p~ ~e ~1~: ~ ~ ~ ~on ~
12} ~. p~ ~ ~[ ~ ~ ~ ~log~ m die T~
13) to ~~of~;
16) to: ~ ~e ~ of the T~'s ~ti~ ~bi~ inclu~ng ~hmt~ we~ ~
w~l~ds.
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 Count), Planning
Commission, our plamung consultant (CCG) and the public comment taken at the public hearing and
othenvise, we hereby change fl'ia zoning d~strict designation for Otc parcel known as
sc'm# IO00-O"lc[,OorOB.oO-Ot'-I-O00 (Md as mo~e t~U~, do~:i~
hereto beloa9 from rite
,.1/'~9', ~E~ID~'IM-F[~L_ /~LLI-b~-t~J~I'T~ . . ..'ontn~dis[ricrdcs,~zrm, lont~lh¢
SCTM # 1000-07.4.00-03_00-017.000
ALL certain plot, piece or parcel of land, with buildings and improvements thereon erected,
situate, lying and being at Peconic, Town of Southold, County of Suffolk and State of New York,
bounded and described as follows:
BEGINNING at a railroad iron set in the ground at the southwesterly comer of the premises
about to be conveyed; and
KUNNING THENCE northerly along the easterly side of Pecomc Lane a distance of 78.3 feet to
an iron post;
THENCE easterl5 and along lands formerly of Josiah C Case a distance of I66.8 feet to an iron
t',ar set in ~t~e gr,~un,J
THENCE RUNNING southcrl5 on a line at right angles to the last course above mentioned a
distance of 84 feet to an iron bar set in the northerly boundary line ofland of re Long Island
Railroad Company;
THENCE westerly along the northerly side of[and of the Long Island Railroad Company a
distance of 170 feet to the point or place of BEGINNING.
THE GRANTORS HEREIN are the same persons as the Grantees in Deed Liber 2651, Page 359,
' 9
recorded in the Suffolk County Clerk s Office on November 2_, 1946.
Section 3.
Thc zoning map as adopted by section 100-21 of thc Town Code of thc Town of Southold is
hereby amended to reflect the within change of zoning district designation for said parcel.
Section 4.
THIS LOCAL LAW SHALL TAKE EvvECT IMMEDIATELY UPON FILING WITH THE
SECRETARY OF STATE.
ELqZABETH A- NEVILLE
SOUTHOLD TOWN CLERK
OCTOBER 19. 1999
' " 0 aw ~,~.~' 41STAT~STREEI~ALBANY, Ny I2231
CtIse this [om to file a local law with the Secretat-y or' State.)
Text o£ law should be give~ as amended, Do not include matter being eliminated and do not Use
italics or underlining to indicate new matter.
igRl~ or .............................. .S_ .o_ .u..t_h_ _o_ ! ~ _ _ _ _ ~ ......... : ...............................
Town
LOCAL Z^W NO. ~ O~ ~'m~U~ ~999.
A LOCAL LAW TO CI-IANGE THE ZONING DISTRICT DESIGNATION OF ~ PARCEL
OF PROPERTY KNOWN AS Suffolk Count)., Tax Map (SCTM) # 1000-074.00-03.00:0'17.000
FROM THE
(R40) RESIDENTIAL LOW DENSITY ZONI2NG DISTRICT DESIGNATION TO THE
(FIB) HAMI.ET BUSINESS ZONING DISTRICT DESIGNATION.
BE ~T ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS:
Please see attached.
(If nddlltonn! sp.nce I~ needed, a++~ch pnges the snme size ns ~ sheet~ nnd number ench.)
LOCAL LAW NO. 42 OF THE YEAR 1999.
A L{~CAL LAW TO CH_/LNGE THE ZONING DISTRICT DESIGNATION OF ~IlqE PARCEL
OF PROPERTY KNOVv2q AS Suffolk Cotmty Tax Map (SCTM) # 1000-074.00-03.00-017.000
FROM THE
(R-40i) RESIDENTIAL LOW DENSITY ZONING DISTR~CT DESIGNATION TO THE
(HI]) HAMI~ET BUSINESS ZONING DISTRICT DESIGNATION.
YF ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS:
BE
Section 1. Legislative Intent
Consistent with our comprehensive land use plan and our established objentives 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 heveby
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 idenfif3 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 ltamlets 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 presen,e the existing high qualit3' of
life, as more specifically set forth herein below:
1. Preservation of Farmland and Agriculture
Fannland is a valuable and dynamic iaduslry in the Town of Sonthnld. The open
farmlands are not only highly cherished for their economic value, but for the scenic vishas they provide.
The open space and scenery created by farmland additionally conm~0utos 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 atUaction to tourists and recreation-seekers. The '
Toaaa has aaracted many second homeowners because of its ~'uatuml 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 Iremendoua development potential. Bleak pictures
have been painted ni a few documents, vrammg of staSp-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 renowned for ils rural, cultural, commercial and historic
character. This uniqne character i~ reco~iTed in all of the decurnen~ reviewed. Based on the input of
Town residents, the Final Report and Recommendations slates ~ the two most prevalent al~d k~y issues
ELIZABETH A. NEVILLE ..~. ~N~'~ To~vn HeJ], 53095 Main Road
TOWN CLERK ~ P.O. Box 1179
Southold, _New York 11971
REGISTI~ OF VITLkL STATISTICS ~
F~
(516)
765-6145
M. KRRIAGE OFFICER
RECORD~S 1VL~d'IAGEMENT OFFICER Telephone (516) 765-1800
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TO~N 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 from (R40) Residential Low-Density District to (HB) Hamlet
Business District of certain parcels of land lying in the Town of Southold identified 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
NYCRR 617.1 et. seq. and Chapter 44 of the Southold Town Code; be it further
RESOLVED by the Town Board of the Town of S outhold that for the above actions the
Town Board is Lead Agency pursuant to SEQRA Rules and Regulations set forth in 6
NYCRR 617.1 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 pursuam to SEQRA Rules and Regulations set forth in 6 NYCRR 617.1
et_ seq. and Chapter 44 of the Southold Town Code.
A. Neville
Southold Town Clerk
September 28. 1999
i -NOTICE OF PUBLIC HEAR-
.: ING: ON A LOCAL LAW TO
~' AMEND THE ZONING MAP OF
;! 'THETOWN OF sOUTHOLDBy STATE OF NEW YORK)
~ CHANGING THE ZONING DIS- .
~, .TRICT OF SCTM .# '1000-074.00- }SS:
,:,:03.00-017.000 FROM the R-40 COUNTY OF SUIt, FOLK)
i:!:.Residential 'Low-Density ' (R40)
:?iDat~iet to ,he Hamlet Busines~ '.~3--q ~ ~' LL)'t {[ tS of MatUmck, m said
~i'(HB)Distriet.. ; · ' - ' county, being duly sWorn, says that he/she is
!!!', ~ PUBLIC NOTICE IS HEREBY i
:[,:GIVEN that Pursuant to Section ; Pl'Lrl. cipal clerk of THE SUFFOLK TIMES, a
?:iii265 of the Town Law and require- .:
,;'; me.ts of the Code'of the Town ol- weekly newspaper, published at Mattituck, in
[!l~,c;'Southoid, Suffolk County, New the Town of South01d, County of Suffolk and
I,~. York that the Town Board of the
, , - ..... ..a ~.~ ,,.~:hoId a eUa. State' of New York, and that the Notice of wbAch
:i: LOC~ ..aW at the SOt3THOLD the annexed is a printed copy, has been regu'
ii:TOWN H~LL. 53095 Main Road larly published m said Newspaper once each
i[!["Southold; New Y6rk, at 2:30 i/m,
t~q~ 'M°nday,' October4'. 1999: the Public week' 'for '~' weeks su,,ccessively,
:,Hearing will be continued on commene, mg ,on 9qth-eq c~-~r~ day
!~[]:i:Tuesday, October 5, 1999 at 5:00pm
!ll: at the same.location. The purpose of Of ~ ~ '~J{-~.J~[~}~/'~ 1 '
~l!i:.'rhe Local Law is to Change [he
II!: the o~er of [he property. The prop-
~i~~ erty' is located on the south side of day of '~'~.. 1 ~ ~'
[lll:~R. oute 4[8 east of the intersection, of
~ I~OTAR¥ PUBLIC, STATE OF N~,qV YORK
?~p__e~ycontamsap.... . .' '.' -~- ~ARY BIANA FOSTER
C0~[k~ISSION FAPIRES AUGUST 31,
{~ZONING' DISTRICT DES-i
i~IGNATION OF THE PARCEL OF
i!PROPERTY KNOWN AS SCTM #
i~000-074,00-03.00-017.000 · FROM
I'HE R.40 RESIDENTIAL LOW- ·
t!DENSITY (R40). DISTRICT DES- ' .
'.~IGNATION TO THE HAMLET I . .
;',BUSINESS (I-lB) DISTRICT DES- I
,; '. Copie~ of this Local Law are
i~vailable in the Office of'the Tow.
,,Clerk'to any interested persons dur-
i;ing regular business hours. , '
Any person desiring to :be heard
m thb proposed amendment should'
~ppear, and has. tl~c right fo appear,'
xt the time and place above ~o spec-
~afied. Any person also has the right
'.to submit written comments to the
'r:$outhold Town Clerk either prior 'to
} the public hearing oi-at the public
?hearing. ' ; , '
i!~; BY ORDER OF THE' TOWN
i;;~BOARD OF THE TOWN' OF
:i' SOtrrUOLO, SOUT~OLD NEW
!I ELIZABETH A. NEVILLE
~,~i':, ' SOUTHOLD ToWN CLERK
~,~,LTER L. HaIRST,3N and ,[R~Ifh~ .. HAIRSTgN, his 4ifa, F, re;entIy resldtpo
(no ~) Carr,31i A',enue, Pecc, n[c, N'f 11958
~le~..YorK,.bounued ~nd desdrlbe~ ~s
BEG[NNING at a railroad lyon set irt she ground at the southueste~ly corner
RUNf~iNG THENCE q~.,.herly aicr, g ~he elsterl2 side of Pecon~c Lane a d~stance of ~'.'
:~ ~ ,
] THENCE easterly and along ' ~ fo~erly Jos'iah C. Case a distance of 166.8 i..'
THENCE RUNNING southerly cna l~r,e st rlghz anq~5 Lo ~:he l~s': course ~bove ::.
][~e of land of the Long Isi~nd RaJlr,ocd Company;
;] TH,.,~CE w=s~er[y along the northerly stde'o= land of the Long island Railroad "
Co.piny a distancs of ~70 fees so the poina or place o~ BSGINNING. ,~::~]:,]:
THE g~NTORS HEREIN are the same pe~s~bs;a's-t~e Gran~ees ~n D~ed kiber 2651,
. Page,359, recorded in ~h. SufFolk Ceunty. Clerk's OFfica:on November 22. I9.~.
17: .. ,~. . . .. .. ~ : · .... .' '.~-".:. ": .:: :'
.
;(.. ~ JU~ E ~ I~ }iALTER. L. ~IRSTO~