HomeMy WebLinkAboutLL #27 2000THIS IS TO CERTIFIY THAT THE FOLLOWING LOCAL LAW WAS ADOPTED AT THE REGULAR
MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 12, 2000:
LOCAL LAW 27 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) #1000-140.00-01.00-012.000
FROM THE
(B) GENERAL BUSINESS ZONING DISTRICT DESIGNATION TO THE
(RO) RESIDENTIAL OFFICE 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 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 (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 £or their economic value, but for the scenic vistas they provide. The open space and
scene~ created by £a~Jand 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 fop recreation, clean air
and water, as well as for its attraction to tourists and recreation seekers. The Town has 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 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 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 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 Recommendations 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 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 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 enviromnent 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 Town' s natural enviromnent 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 culrrdnation 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 proximity 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:
l)
2)
3)
4)
5)
6)
7)
8)
9)
10)
ll)
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 Town'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 preserve 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 Toum'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 tbe reconm~endations and comments of our Planning Board, the Suffolk County Planning
Cormmssion, our planning consultant (CCG) and the public comment taken at the public hearing and otherwise, we
hereby change the zoning district designation for the parcel known as
SCTM # 1000-140.00-01.00-012.000 (and more fully described herein below) from the
(B) GENERAL BUSINESS zoning district designation to the
(RO) RESIDENTIAL OFFICE zoning district designation.
SCTM # 1000-140.00-01.00-012.000
ALL that certain pio~, piece or parcel of land, with the buildings and improvements there erected,
situate, lying and being at Maffituck, Town of Southold, County of Suffolk and State of New Yo~
bounded and described as follows:
BEGINNING at a point on the northwest line of Middle Road, C.R. ~r27, distant 114.53 feet
southwesterly from the comer formed by the intemec~on of the northwesterly line of Middle Road,
C.R. #27, with the southwesterly side of Maiden Lane;
RUNNING THENCE along the northwesterly line of I¢~ddie Road, C.R. ~27, South 44 degrees 40
minutes 00 seconds West 60.0 feet;
THENCE North 47 degrees 35 minutes 20 seconds West 62.64 feet;
THENCE North 44 degrees 44 minutes 5~a~1;~0.00 feet;
THENCE South 47 degrees 35 minutes 20 seconds East 62.56 feet to the point or place of
BEGINNING.
BEING AND INTENDED TO BE the same premises conveyed to the grantor herein by deed of
Kenneth G. Brown, dated November 17, 1975, and recorded in the Suffolk County Clerk's Ofrme
on November 25, 1975, in Eber 7948, page 208.
Section 3.
The zoning map as adopted by section 100-2 ! of the Town Code of the 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 IMMEDIATELY UPON FILING WITH THE SECRETARY OF
STATE.
ELIZABETH A. NEVILLE
SOUTHOLD TOWN CLERK
SEPTEMBER 12, 2000
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTIDkR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 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 from B General Business Zoning District Designation to the
RO Residential Office Zoning District Designation of a certain parcel of land lying in the Town
of Southold identified by SCTM # 1000-140.00-01.00-012.000; and
WHEREAS, GEIS which said "no further SEQRA review required" when "Changing the
Zoning Category of a parcel from one industrial zone to another industrial zone, or from one
commercial zone to another commercial zone, of from an industrial zone to a commercial zone
shall not require further SEQRA review if:
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 freshwater 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 NEGATiVE DECLARATION
pursuant to the SEQRA roles and regulations.
Southold Town Clerk
September 12, 2000
rEGAL NOTICE
NOTIC~ OF PUBLIC HEA~,-
ING ON A LOCAL LAW TO
AMEND TIIE ZONING MAP OF
THE TOWN OF SOUTHOLD BY
CHANGING THE ZONING DIS-
TRICT DESIGNATION OF SCTM
)) 1000-140.00-01.~)~012.000 FROM
THE GENERAL BUSINESS (B)
DISTRICT DESIGNATION TO
THE RESIDENTIAL OFFICE
(RO) 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 So~holfl
will hold a PUBLIC HEARING on
the Afore~ld LOCAL LAW ~ the
SOUTHOLD TOWN HALL,
Main Road, Southolfl, New Yo~k at
5:00 p.m., Tuesday, August 29, ~00O.
Th~ Imrpose of the Local La~ i~ to
Chnng~e the Zoning
De~i~iation of SCTM # 1000-140.00-
-01.00-012.000, on the Town
Own Motion, from the
Business (B) District Des!gaa¢~ to
the Residential Office (Re) lY~aict
De~ation. The a~seasmant reeoeda
llst Ifmnry Herce & Jeanie Lee ms 1he
Owne~ of the property. The Property
is located on the west side of Route
48 south of the intersection of Route
48 and Maiden Lane. The Property
c, ont aina approximately ,06 acres,
The Local Law is entitled, "A
~OCAL LAW TO CHANGE ~
ZONING DISTRICT DES-
IGNATION OF THE PARCEL OF
PROPERTY KNOWN AS SCYM #
1000-140.00-01.00.012,000 FROM
THE GENERAL BUSINESS (B)
DISTRICT DESIGNATION TO
THE RESIDENTIAL OFFICE
(Re) DISTRICT DESIGNATION.
Copies of this Local Law 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
at'pear, 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
Southolfl Town Clerk either prior to
the Public Hearing or at the Public
Hearing.
BY ORDER OF THE TOWN
BOARD OF THE TOWN OF
$OUTHOLD, SOUTHOLD, NEW
YORK.
Dated: August 15~ 2000
Elizabeth A. Neville
Southold Town Clerk
1485-1TAu17
STATE OF NEW YORK)
)SS:
COUNTY OF S.UFFQI~K),
~.)~L--~f% ~' (,(.)1 [l ~ 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 regular y published in said Newspaper once
each week for I we.e.l~s ,~ccessively,
commencing _~on the,_, 1'[ 'r day
of fab[ {/, 20
~J ~incipal Clerk
b~fore me thi~
Swornday of to
NOTiC~ Gl~ FU~U
{NC, ON A LOCAL ~W
~ND ~ ZON~G ~ OF
~ ~ OF SO~O~ ~Y
~ D~IONA~ON
~E ~iDE~AL
(Re) D~ D~SION~:
~ ~ T~ ~w ~d ~
S~o~ ~, Now Y~
T~ B~ ~ the To~ of
8~5 a.m.,, ~ay, AU~ lJ, -~.
~an{e ~e ~n~g
~aHon ~ S~ { 1~
0t.~12~, on ~e ~
O~ Moron, from the ~al
~on. ~e ~cnt
I~H~ ~Je~ ~
Ow~ ~f ~e pro~.y. ~e ~y
~ 1~ on ~¢ W~I ~d~ ~ Route
~.mutfi of ~o ~te~ion of
~ ~ ~w is en~tl~,
LOCAL LAW TO CH~B 1~
ZONING DISTRI~ DESIGNA-
TION OF ~ PAR~L OF PROP-
140.~-0L~-012.~ FROM
GENERAL BUSINESS (B) DIS-
~I~ DESIGNA~ON
RESIDENTIAL O~I~
DI~RI~ DESIQNA~ON.
able in the Offi~ of ~e To~ C~rk
to any interested ~ flu~g reg-
~y ~ns de~g to ~ ~d
on ~e proud ~end~nt should
a~, and h~ ~e ~t t0 a~, at
the t~e ~d p~ a~e m s~.
~e ~bfic He~g or at ~e ~bHe
He~g.
BY ORDER OF T~ TOWN
BOARD OF ~E TO~ OF
SO~O~, SO~O~, NEW
YO~.
Dated: ~uly 21, ~
E~th A. Ne~e
Southold To~ Oerk
STATE OF NEWYORIO { t..{O ,- IH~--
)SS:
/--. ~J////.~ 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 / week_~ ~¥ccessively,
com. j~enjuing on the ...(-~ '/'~/' day
of al(d/(./ 20 /'~}~J · ,,
O' Principal Clerk
Sworn to bgiore me this o~'']~c~-
day of ~ ~LI,.I~A~ 20 cO
CHRISTINA T. WEBEFI
Notay Publ}c, Stste of New Yol~
No. 01WE6034554
LEGAL NOTICE
NOTICE OF PUBLIC HEAR.
lNG ~ON A LOCAL LAW TO
AMEND THE ZONING MAP OF
THE ~['OWN OF SOUTHOLD BY
CHANGING THE ZONING DIS-
TRICT DESIGNATION OF SCrM
# 1000-140.00-01.00-012.000 FROM
~ GENERAL BUSINESS (B)
DISTRICT DESIGNATION TO
THE RESIDENTIAL OFFICE
~(RO) 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
~II hold · PUBLIC HEARING on
~ Aloe-said LOCAL LAW at,the
SOUTHOLD TOWN HALL,
Main Road, Southold, New York ·t
8.~$ a,m., Tuesday, August 15, 2000.
The purpose Of the Local Law is to
Change the- Zoning District
Designation of scrIM # 1000-140.00-
0L00-012.000, on the Town Board's
Own Motion, from the General
Business (B) District Designation to
the Residential Office (RO) District
D6signation. The assessment records
enr~ Piet~e & Jennie Lee us the
r of the properly. The Property
i~ ~incated on the west s~dc of Route
48 south of the intersection of Route
48 and Maiden Lane. The Property
co~ains approxlmntely ,06 ncres~
The Local Law is entitled,
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
LEGALS,,.
~,,-From previous page
LOCAL LAW TO CHANGE THE
ZONING DISTRICT DESIGNA-
'liON OF THE PARCEL OF PROP-
t!RTY KNOWN AS SCrM # 1000-
140.00-01.00-012.000 FROM THE
GENERAL BUSINESS (B) DIS-
TRICT DESIGNATION TO ~THE
RESIDENTIAL OFFICE (RO)
DISTRICT DESIGNATION.
Copies of this Local Law 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 right to appear, at
the time and place above so specified.
Any person also has the right to sub-
mit written comments to the
Southold Town Clerk 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: July 21, 2000
Elizabeth A. Neville
Sou~hold Town Clerk
1428-1TJy27
LEGAL Iq(FHCE
No'ricE OF PUBUC HEAR-
ING ON A LOCAL LAW TO
AMEND ~ ZONING MAI' OF
THE TOWN OF SOUTHOLD BY
CHANGING THE ZONING DIS-
TRICT OF SCTM #
0L00-012.000 FROM the General
Business (B) District to the
Residential Off'~e (RO) D~tr~.
PUBLIC NOTICE IS HEREBY
GIVEN that Pur~uont to Section
265 of the To~ L~w M~d tequ~e-
merits of the Code of the Town of
Southold, Suffolk County, New
York, that the Town Board of the
Town of 5oufilok[ ~ ~4 · FUI~
LIC HEARING o~ ~e ~omold
LOCAL LAW at the SOUTHOLD
TO~ HALL, 53095 M~in
5outhold, New York, al 11:00 a.m.,
Monday, Octob~' 4, 19~; the Public
Hearing w~l be continued on
T~esday, October 5, 1~9 at 7:00
p.m. at the same ioeafion. The put-
of the property. Thc property is
located on the north side of Route
48 west o~ file interseclion of Route
48 and Maiden Lane (cro~ street).
The property contains appronimate-
ly .06 acres.
This Local Law is entitled "A
LOCAL LAW TO CHANGE THE
ZONING DISTRICT DES-
IGNATION OF THE PARCEL OF
PROPERTY KNOWN A5 SCTM #
1000-140.00-01,00-012.000 FROM
THE GENERAL BUSINESS (B)
DISTRICT DESIGNATION TO
THE RESIDENTIAL OFFICE
' (RO) DISTRICT DESIGNA-
TION'.
Copies of this Local Law arc
available in the Office of file Town
Clerk to any ldtere-~'ed persons dur-
ing regular busings hours.
Any person desiring to he heard
Gu the proposed emondme~t should
appear, nad has the right to appear,
at the time and place above ~o spec-
ified. Any person also has the right
to submit written comments to the
Southold Town Clerk either prior to
the public bearing or at the public
hearing.
BY ORDER OF THE TOWN
BOARD OF THE TOXVN OF
SOUTHOLD, SOUTHOLD, NEW
YORK.
Dated 9/14/99:
ELIZABETH A. NEVILLE
SOUTHOLD TOWN CLERK
1855.1TS23
STATE OF NEW YORK)
)SS:
COUNTY OF SUF.FOL, K)
~i~ Of~ ~' {~ ~ / { ~ % 3 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 New York, and that the Notice of which
the armexed is a printed copy, has been regu-
larly published tn said Newspaper once each
week for ~ weeks successively,
commenqing . on the c~,.~cd day
Principal Clerk
Sworn to before me this
day of ,~,,~ZT.
PF29 112/79) StandardN,YBT.U F
CONSULT YOUR LAWYER BEFL
_ SIGNING THIS INSTRUMENT--THIS INSTRUM~ SHOULD BE USED BY LAWYERS ONLY.
This Indenture, made the 18th day of January,
Between
EUGENE A. CSICSAK, residing at
Peconic, New York 11958,
party of the first part, and ~,_<~ I I .;..f~j L ,-: .
nineteen hundred and eighty-four
(no number) Henry's Lane,
HENRY PIERCE and JENNIE LEE PIERCE, his wife, both residing
at (no number) Wells Road, Peconic, New York 11958,
party of the second part,
Witnesseth, 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 re ease unto the party of the second part, the he~rs or success%rs
and assigns of the party of the second part forever,
being~:~l:x at Mattituck, Town of Southold, County of Suffolk and State
of New York, bounded and described as follows:
~ ~intersection of the northwesterly line of Middle Road,
DIST. the southwesterly side of Maiden Lane;
BEGINNING at a point on the northwest line of Middle Road,C.R.#27,
distant 114.53 feet southwesterly from the corner formed by the
C.R.#27, with
1000
SEC.
140.00
BLOCK
01.00
RUNNING THENCE along the northwesterly line of Middle Road,
South 44° 40' 00" West 60.0 feet;
THENCE North 47°
THENCE North 44°
THENCE South 47°
BEGINNING.
C.R.#27,
35' 20" West 62.64 feet;
44' 50" East 60.0 feet;
35' 20" East 62.56 feet to the point or place of
LOT
012.00{
BEING AND INTENDED TO BE the same premises conveyed to the grantor
herein by deed of Kenneth G. Brown, dated November 17, 1975, and
recorded in the Suffolk County Clerk's Office on November 25, 1975,
in Liber 7948, page 208.
)
~ · I RESENCIF OF:
Together with 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 to said premises; To Have And To Hold the premises herein g ranted unto the
party of the second pa rt, the heirs or successors and assig ns 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 fi rst pa rt, in compliance with Section 13 of the Lien Law, covenants that the party of the first part
will recerve the consideration for this conveyance and will hold the right to receive such consideration as a trust fund
to be applied first for th e purpose of paying th e cost of the imp rovement and will apply the same first to the payment
of the cost of the improvement before using any part of the total of the same for any other purpose.
The word "pa rty" shall be construed as if it read "parties" whenever the sense of this indenture so requires.
In Witnes...._.s Whereof, the party of the first part has duly executed this deed the day and year first above written.
R ,CORDED
A. Csicsak ~43 33 0
TF,~,I'4 SFER T~ ~
.:, SUFFOLK
COUN~
JAH ~ ~ JULIE~E A.'~INSEL~
C~erk 0f Suff0fA C0un~