HomeMy WebLinkAboutLL # 43 1999EIJZABETtt A. NEVILLE ~ Town Hall, 58095 Main Road
TOWN CLERK 'a~,,, P.O. Box 11.79
, Southold, New York 11971
REGISTIL~R OF \qT.a-L STATISTICS Fax (516) 765-1823
M.~RL~GE OFFICER r
RECORDS ~,~.~4.:~-GEMENT OFFICER Telephone (516) 765-1800
FREEDOM OF LNFORi~Lt~TION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING LOCAL LAW WAS ADOPTED
BY THF SOUTHOLD TOWN BOARD AT A SPECIAL MEETING HELD ON
OCTOBER 19, 1999:
LOCAL LAW NO. 43 OF THE YEAR 1999.
A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THE PARCEL
OF PROPERTY KNOWN AS Suffolk Counb,_' Tax Map (SCTM) # 1000-074.00-05.00-001 000
FROM THE
(R-40) RESIDENT[AL LOW DENSITY ZONING DISTRICT DESIGNATION TO THE
(FIB) H_,MMLET BUSINESS ZONING DISTRICT DESIGNATION.'
BE [T ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS:
Section I. LegisiaUve 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 R 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; (3) Preservation of thc Rural, Cultural, Commercial and Historical Character or-
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
Fanvhnd is a valuable and dy~mmi¢ ~ i~ ~TowII Of Southold. The Olin
Pr~ ef Open and Recreational Space
re~Tcation, clean, air and watch, as well as for its attraction to Mu.fists and l~onq;cckcl~, Thc
Town has a~'actcd man~ secoml homeowner's because of its "na~xml [~sourc~, abundance of
opon spoce, farms, pictu~uc ~illagcs, and lite ever-present waterfront" ~ Plan Update.
1985). Due to this open spa~, the Town has a tremendous development potential. Bleak piOuses
'lmve been l~inted in a few documents, warning of strip-type development, subu~oan sprawl and
water supply issues. The prese~afion of open and l~-*reational space is not only aesthetic, but also
a ncoessity for the presem and future aeeds of the Town.
'~. Preservation of the Rflral, Cultural, Commercial and liistorical Character of the
Hamlets and
'II~ Tmm~ Sm~ is RiOowncd for ils ru~ mlltund, Gomm~ end bistoflc
arc keeping growth in the existing hamlet centers and preserving the enhancing the sursou.~cling rural areas.
Additionally. the Master Plan Update recommends the provision for "a community of residential hamlets
that are comprised ora variety of housing opportunities, commercial, service and cultural activities, set in
an open or rural atmosphere and supported by a diversified economic base (including ngricultme, marine
commercial and seasonal recreation actix4fies)."
4. Preservation of the Natural Environment
Acoommodatmg "growth and change within the Town without destroying its lradifional
economic hasu, the natural environment of which that base rests, and the unique character
and the way of life that defines rite Town" is. of utmost imper'mnce" (Ground Watershed
Protection and Water Supply Management Strateg3_'). The Master Plan Update
recommends preservation of the Town's natural environment from wetlands to
woodlands and to "achieve a land use pattern that is sensitive to the limited inchgenous
water supply and will not degrade the subsurface water qua[itT.
Thc outstanding nc~cds anumcratcd bclow are Lhe culnunation of careful comparison of the intent and
objectives of the town (as stated in past land use plans and studies) and the currently existing condittons
along the Count3, 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 proximity of County Route 48 to the hamlet comme~ial 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) lo provide for viable land use developmenl at levels of intensities wldch are sens~ttve to subsurface
water quality and quantity
2) To maintain and sa'engthen hamlet centers as the focus of commercial, residential, and cultural
acttvity;
3) To preserve rite open, agricultural and mml character of areas outside of the hamlet centers;
4) to provide for a variety of housing opportunities for'citLzens of different incomes and age levels;
5) to enhance the opportunities for pedestrian-friendly shopping;
6) to continue to the support of the Town's agricultural economy;
7) to maximize the Town's natural assets, iucluding ils coastal location and agricultural base, by
balancing oommcmial, restdential and recreational uses; '
8) to strengthen the Town's me-recreational and me-commercial acttvities;
9) to encourage the preservation of parklana and pub~ access to the waterfront;
10) to support tom'ism by maimaining and st~ thc Town's assets that foster a tourist trade,
mm, ly ]l:lmlq~ qp~,~iq~' ~u,~inc$SCS; 11]8thl~C ~ 81'l~lit ~till*C, aS~ (J~ Jal~k~.~ of IIIIB~ a[KJ opclI
chamc~, a~ieultu~, and marine ~
.11) to pt*esm'~ pt~ ~..*IM~I; .r~ ~ fl~C dictation Qf agriculturo;
12) to presc~c~t~bistofic, cultnml,:~andambacological res,~c~s of the Town;
1~) to cnsurevianalqualitTofhamletoente~;
14) to encmtt'dgC appmp~ land uses both inside and out of h3mlct c~ntem;
15) to promote balanced ~conomy ~nd tax 5use;
16) to pl*c~rve the integrity of the Town's vegetative habitats, incinding freshwater wetlam~ and
woodlands.
Section 2. Enactment
Therefore, based upon the aforementioned goals and identified needs of the Town and upon ou~
consideration of tile recommendations and comments eL- our Planning Board, the Suffolk County Plann/ng
C(~mmissiom our plarming consultant (CCG) and the public comment taken at the public hea~g and
9dte[wisc. we hereby change the zoning chstricl designalion for rite parcel known as
SCTM# ~,~0- ~tT~ ~ ~'~ d'~--D~/, rr'z~ · (and as more full3, described
herein below) from fl~e
/
SCTM # 1000-074.00-05.00'-001_000
All that certain plot. piece or parcel.of land, with the buildings and tmprovements
thereon erected, situate,
lying and being at Peconic, Town of Southold, State of New York, bounded and
described as follows:
BEGINNING at a point on the northgasterly corner of the premises herein described
on the southerly boundary line of property of Long Island Railroad, said point also
being the northwesterly comer of land of Herury Smith, said point also being a distance
of l 3 t feet more or less northwesterly from the intersection of the southerly line of
property of Long Island Railroad and the westerly line of'Peconic Lane and measured
alc/r~, the southerly !il~e of Long. lsla~-~d R. aitroa,J~ fT,~ln said point of
bc~itmh~ ~unning thence along tl'~e southefl} line of Lon~ [~Iand Kailroad in z nontt
westerly direction 90 feet more or less to land of James H Rich; mnmng thence along
said land the followmg two (2) courses and distances: (1) in a southeasterly direction
213 feet more or less to a pipe; (2) thence South 34° 39" 20" East 31.21 feet to an axle
and land of Grathwohl; running thence along said land North. 56° 00' 50" East 90.12
feet to a point and a right of way hereinafter described; mrming
thence along said land North 34° 14' 10" West 31.69 feet to a post
at the south-westerly comer of land of Lizewski; running thence along said land and
land of Smith in a northwesterly direction 213 feet more or less to the point or place of
BEGINNING.
TOGETHER with a right of way as it now exists for access between smd
premises and Peconic Lane and subject to a right of way as it now exists over
a portion of the southeast comer of said premises.
Being and intended to be the same premises of which Louise Fitz Howell died
seized and possessed and devised to the parties of the first part under her Last
Will and Testament dated August 8, 1968 and ~,dmitted to probale under
Surrogale's Court File~1686 P 1968_
Section 3.
The zoning map as adopted by section 100-2 l of tho Town Code of fl~e 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 EFFECT Ilv~/IEDIATELY UPON FILING WITH THE
SECRETARY OF STATE.
~H A- NEVILLE
SOUTHOLD TOWN CLERK
OCTOBER 19. 1999
oca aw 415T t' S- I E' ALSAN¥,N¥ 1
~se th~ fora ~ file a Io~l law w[~ ~e ~ offS)
Text of law should ~ ~ven as ameuded. Do not include matter ~i~ eliminated and do not use
i~li~ or underlining to indi~te new matter.
~ of .............................. ~b~!~ ....................... : ......................
LOCAL LAW NO. 43 OF THE YEAR 1999.
A LOCAL LAW TO CHANGE ~ ZONING DISTRICT DESIGNATION OF THE PARCEL
OF PROPERTY KNOWN AS Suffolk Count5_' Tax Map (SCTM) # 1000-074.00-05.00-001.000
FROM THE
(R-40) RESIDENTL&L LOW DENSITY ZONING DISTRICT DESIGNATION TO THE
(ltB) HAMLET BUSINESS ZONING DISTRICT DESIGNATION.
BE 1T ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS:
Please see auached.
(If additional space Lq needed, attach pages the same size em thh sheet, and number eaCh.)
LOCAL LAW NO. 43 OF THE YEAR 1999.
A LOCAL LAW TO CHPd'qGE THE ZONING DISTRICT DESIGNATION OF THE PARCEL
OF PROPER2W KNOWN AS Suffolk County Tax Map (SCTIvl) # 1000-074.00-05.00-001.000
FROM THE
(R40) RESIDENTIAL LOW DENSITY ZONING DISTRICT DESIGNATION TO THE
(liB) HAMLET BUSINESS ZONING DISTRICT DESIGNATION.
BE IT ENACTED 13Y THE TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS:
Section 1. Legislative Imem
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 heretofure~ we hereby
detemine that it is necessary and desirable to re~4se and amend the zoning designation applicable to
the parcel identified herein as well as other lauds; 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 ~ision 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 dynarmc industry in the To~ of Southnld. The open
farmlancLs are not only highly cherished for their economic value, but for the scemc vistas they provide.
The open space and scenery created by farmland additionally con~butes 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 beanty and open landscapes for
recreation, clean air and water, as well as for its attraction to tourists and recreation-seekers. The
Town has atWacted many second homeowners because of its "mural resources, abundance of
open space, farms, picturesque villages, and the ever-present waterfront" (Mamer Plan Update,
1985). Due to this open space, the Town has a Iremendous 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 ~he 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, cnlturnl, cemmen~al and historic
character. ,This unique charact~ i,s reco~i~ed.in all of the documents reviewed. Based on thc input of
Town residenLs,'the Final Report and Reconunendations s~ates that the two most prevalent and key issues
ELIZABETH A. i~rEVILLE ~_ Town Hall, 53095 M~n Road
TOVtrN CLERK ~.~ P.O. Box 1179
REGISTi~-iR OF VIT.kL STATISTICS Southold: New York 11971
MARRIAGE OFFICER Fax (516) 765-6145
RECORIYS i~MNAGEMENT OFFICER ~,~'~0,~_ Telephone (516) 765-1800
FREEDOM OF rNFORNLkTION OFFICER
OFFICE OF THE TOW~T CLEP, I~
TOVfN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS
ADOPTED AT A REGULAR MEETINC 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 15om (R40) Residential Low-Density District to (I-lB) 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.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 for the above actions the
Town Board is Lead Agency pursuant to SEQKA 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 pursuant to SEQRA Rules and Regulations set forth in 6 NYCRR 617.1
et. seq. and Chapter 44 of the Southold Town Code.
zabeth A. Neville
Southold Tewn Clerk
September 28. 1999
LEGAL NOTICE ~' '
:' : NOTICE OF PUBLIC HEA
,i!l. ING ON A LOCAL LAW TO ~'""
· ~"' AMENDTHE ZONING MAP OF
~,: THE ToWN OF SOUTHOLD BY
i" .CHANOINO THE ZONING DIS- STATE OF NEW YORK)
,i;,'.' o5.oo,ool.ooo' ~OM the R-40 )SS:
!:,i.:" Re.idential Low-~ensity ~(R.0) COUNTY OF sL!~FOLK)
Di~frict to the Hamlet Business
,., ?, (t-m)r~ismct. . - ,."~ O.~ ¢-' ~J,~'t I / [ S of Mattituck, in said
~:~. PUBLIC~OTICe ~s:m~m~Wt County, being duly sworn, says that he/she ls
[.i, .GIVEN that Pursuant to Section
ii 2~5 Of the Town LaW and'iequire- Prlnelpal clerk of THE SUFFOLK TIMES, a
Ii: me~t~ o£ the Code ~f the To~n of
i southola SnUolk .Court.7 ~ew weekly newspaper, published at Mattituck. in
ii. York, that the Towfi. Board of tlie the Town of Sou, thold, County of Suffolk and
!::i' Town of $outhold ~!1 hold a
uc ttEAm-Na o. the ,*0f~.id State of New·York. and that the. Notice of whlch
i'L0CAL LAW at the $oUTHoLD '~ '"
ii TOWN HAi~, 5~095 Main Road the annexed is a printed copy, has been regu-
,,~' so.chord. New York.., ~at .2,0.. pm larly published in said Newspaper once each
· : · Monday, October 4', :[99[}; the Public
~ii~',m.~in~ ,,~ll be .to.liquid on week for '[' ·weeks su~ccessively,
· Cc~ ·
[i ~!: T. esday. O¢tob;~ 5,1199~.t ~.'~ pm 'commenc. ing , 6n the c::,~-~ day
':"1 "atth~ same locatlon::Tlie PurPose of
l, B~.a-J ~ Own Mo ~'r [:o~,, '~lc i; ~)
, DiMI'IC[ t,3 he Ham · Business
I, ' ' -
r ('HBj D~,lnct. The asse~menl ,
,'., ~e,',~rd h~.la Bennen Blad~bum as
,. Ibe naaer ot Inn pmper1.~ The p~op. ~WOrl]. ~O be~oTe 1Tie thJ. S c:~ ~ ~
:1 e.~ ,~ .o~a.~d o. ~ soa,h .d~ o.' day of ~.~.T. ~
Rome dlJ we~l o1' lhe m[¢~..'.e¢llOn o~
l?strceO. The property contains ggRYDIAtdA
; 117:'. a~pprOximately .5 acrc~. · ': : ,. ~40TARY PUBLIC, STATE OF N~V YORK
i; '*" ¥~Js Local Law .:is entitled, ' A N0. 52-~6§52~2, SUH:0L~(
;i. LOCAL LAW TO ;AMEND' THE C0.~[~I$SION F.~PIR£$ ~UGUST 31,
!'. ZONING MAp OFTHE TOWN
,.:'OF SOUTHOLD BY CHANGING
iyTHE ZONING. DISTRICT OF
:;'$CTM.I - # i000-074 00-05.00-001'.000 [
~, FROM the R-40 Residential Low- '
!:[Density (R40) D~tr ~t Designation
.;~'~o the Hamlet Bus ness (HB)
i District. Desnmatioa "' · . · :. -
i' Copies .of'this £0cal LaW are
.available iri the.Office of [he Town
ilCie~k lo adv init·rested Persons clu~
ling regular ~ulmess hours
it: Any person de,,,nng Io be heard-i
on Ihe propo..'ed ameadmem shoulcl
appear, and ha.~ Ihe ~gh~ ~o appear.'
al the me ~nd pl~ce ubo~e so spec.
i,',Jfied. Any person al~o bas the right
~!i:'to submit 'written comments to the
Soulhnld To'*n Ck'tk ¢flher prior to!:
I". he pubhc hca~',ng o~ a~ ihi pnblic:
~' hearmg
I'1' BY ORDER OF' r~ Tbwa:/
HI'~::BOARD',~ . OF THE tOWN 'OF :,'
:I~'~OUTHOLD, SOLrmOLD NEW '
I[[~i!Dated 9/14/99 ' ':' ' ' :
~.[,'~i .. ELIZABETH A. NEVI'[~.E [
'~i:,.'' .sou'mocD TOWN CL~R~: I
CONS~T YOUR ~ER J~O~ SIGNING THIS ~iSTRUME~--THIS INSTRUMENT SHOU~ BE US~ BY ~llS ONLI
~ ~D~ made ~e /~ ~y of ~/~ , ~uct~n h~ ~ seventy-ei~t
B~N ~ HO~ ~E, resi~ng at Bir~ ~u~, ~verhead, New York ~d
5T~S - $5.50 -~UISE }D~E B~, fo~rly ~UISE ~E, resi~g at (no %) Peconic L~e,
Peconic, New Y~CT S~CT~ON 8LOC~ LOT :
~d wife, resi~ng at (no ~) Peconic Lane, Peconic, New York,
party of the second paxt,
~11 l~:.~ that the party of the first part, in consideration of Ten Dollars and other valuable consideration
paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs
or successors and usign$ of the party of the second part forever,
Al.I_ that cer~in plot, piece or parcel of la~d, with the buildings a~xd improvements thereon ~re~ted, situate,
lyingamd b~n~w~X at Peconic, Town of Southold, State of New York, bounded and
described as follows:
~% BEGINNING at point on the corner of the premises herein described or
northeasterly
a
the southerly boundary line of property of Long Island Railroad, said point also
being the northwesterly corner of land of Henry Smith, said point also being a dis-
DISTRICT
tance of 131 feet ~ore or less northwesterly from the intersection of the southerly
1000
line of property of Long Island l~ailroad and the westerly line of Peconic Lane and
measured along the southerly line of Long Island Railroad; from said point of be-
SECTION
074.00 ginning running thence along the 'southerly line of Long Island Railroad in a north-
westerly d/rection 90 feet more or less to land of James H. Rich; running thence
BLOCK along said land the following two (2) courses and distances: (1) in a southeaster2
direction 213 feet =ore or less to a pipe; (2) thence South 34: 39" 20" East 31.21
05.00
feet to an axle and land of Grathwohl; running thence along said land North 56~ 00'
50" East 90.12 feet to a point and a right of way hereinafter described; running
LOT
thence along said land North 34~ 14' 10" West 31.69 feet to a post and t_he south-
001.000
westerly corner of land of Lizewski; running thence along said land and land of
~ Smith in a northwesterly direction 213 feet more or less to the point or place of
BE GI~NING. · ~
TOGETHER with a right of way as it now exists for access between said premises and'
Peconic Lane and subject to a right of way as it now exists over a portion of the
¢ ,~ . southeast corner of said premises.
Being and intended to be the same premises of which Louise Fitz Howell died seized
and possessed and devised to the ~arties of the first part under her Last Will and
Testament dated August 8, 1968 and adraittcd to probate under Surrogate's Court File
#1686 P 1968.
Subject to covenants and restrictions of record affecting said premises.
TOGETHER with all right, tide and interest, if any, of the party o[ /he first par~ in and to any stree~ and
roads abutting the above described premises to the center lines thereof; TOGETHER with the appurXenances
and all the estate and rights of the party of the first p~u~ in and to said premises; TO HAVE AND TO
HOLD the premises herein granted unto the ~y of ~e second ~rt, ~e heirs or succe~rs and ~sign~ of
the p~y of the s~ond pa~ forever.
AND the party of the first ~ ~venants t~t the ~y of the fir~ ~ ~ not done or suffered an~hing
wherry the ~id prmlses have ~en enenm~red in any way w~tever, exert as Morbid.
AND the ~y of the first ~m, in ~mpliance with Stolon 13
· the first ~ will r~eive the eonsidmfion for tNs ~uvey~ee and will hold the HOt to r~dve su~ ~nsid-
emfion as a trust {und to ~ appSed first for ~e ~ o~ ~yi~ the mst of ~e improv~ent ~d will a~y
the ~e first to the ~yment of ~e cost of the improv~ent ~fore using any ~ of the ~ ~ ~e ~e for
any o~er pu~se. '
The xs~rd "~y" s~ll ~ cona~ed ~ if it .r~ "~nies" whenever ~e sen~ of ~is indent~e ~ r~r~
~ ~ ~F, t~ ~ny of fie first
~tten.
%¢.:.~.~ ......
REAL ESTATE
JUL 31 ~78
SUFFOLK
COUNTY
ARTHUR J. FELICE ~
R E C 0 R D E D JuL