HomeMy WebLinkAboutLL #28 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 28 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) #1000-140.00-01.00-004.000
FROM THE
(B) GENERAL BUSINESS ZONING DISTRICT DESIGNATION TO THE
(RO) RESIDENTIAL OFFICE ZONING DISTR/CT 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 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 To~vn 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 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 reconm~ends 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 econom/c base (including agriculture, marine commercial and
seasonal recreation activities)."
4. Preservation of the Natural Environment
Accommodating "gro~vth and change within the To~vn without destroying its lraditional economic base, the
natural envirmunent 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 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 carefnl comparison of the intent and
objectives of the tova~ (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 To~vn and
are specifically identified as follows:
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
11)
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 maintai~fing 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 thc integrity of the Town's vegetative habitats, includthg 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 recmmnendations and comments of our Plam~ing Board, the Suffolk County Planning
Commission, 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# 1000-140.00~01.00-004.000 (andmore fully described herein below) fromthe
(B) GENERAL BUSINESS zoning distric! designation to the
(RO) RESIDENTIAL OFFICE zoning district designation.
SCTM #1000-140.00-01,00-04.00
ALL that certain plot, piece or parcel of land, with the buildings and improvemems
thereon erected, situate, lying and being in the Town of Southold, at Mattituck, Suffolk
County, New York, bounded and described as follows:
BEGI2qNllqG at a monumem set in the southwesterly side of Wickham Avenue distant the
following two (2) courses and distances from the most southerly end of a line connecting
the southwesterly side of Wickham Avenue with the northwesterly side of Middle Road,
as widened:
(1) North 1 degree 17 minutes east 44.34 feet;
(2) North 39 degrees 07 minutes 20 seconds west, 46.28 feet and from said point or place
of Be~nning;
RUNNING THENCE along the land now or formerly of H.R. Reeve & Sons south 47
degrees 36 minutes 10 seconds west, 225.22 feet;
THENCE still along land formerly of H.R. Reeve & Sons, now of Mattituck Laundromat,
north 43 degrees 41 minutes 20 seconds west, 59.91 feet to a monument and land
formerly of Tyler;
RUNNIlqG THENCE north 47 degrees 36 minutes 10 seconds east, 230.00 feet to a
monument set in the southwesterly side of Wickham Avenue;
RLrNNING THENCE along the southwesterly side of Wickham Avenue south 39 degrees
07 minutes 20 seconds east, 60.00 feet to the point or place of BEGINNING.
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 within change of zoning dis~ict 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 Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (651) 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 It 1000-140.00-01.00-004.000; and
WHEREAS, GEIS which said "no further SEQRA review required" when "Changing the
Zoning Category o fa 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 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 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 rules and regulations.
Southold Town Clerk
September 12, 2000
i~.g~AL NOTICE
NOTICE OF PUBLIC HEA~x-
lNG ON A LOCAL LAW TO
AMEND THE ZONING MAP OF
THE TOWN OF SOUTHOLD BY
CHANGING THE ZONING DIS-
TRICT DESIGNATION OF SCTM
# 1000-140.00-01.00-004.000 FROM
THE GENERAL BUSINESS (B)
DISTRICT DESIGNATION TO
THE RE$IDIilqFIAL OFFICE
(RO) DISTRICT DESIGNATION.
PL, I~'~C ~ IS
GIVEaN th~ ~ to Section 265
of. th~_'gm~t~ Last and r~tuirmr~nt~
of the Code o! the Town of Southold,
Suffolk County, New York, that the
Town Board of the Town of Southold
will hold a PUBLIC HEARING on
the Aforesaid LOCAL LAW at the
SOUTHOLD TOWN HALL, 53095
Main Road, Southold, New York at
5.'00 p.m., Tuesday, August 29, 2~0.
Th~ t~urpo~e of the Local Law ia to
Change the Zoning District
D~i~ation of SCTM # 1000.140.~0-
01.00-004.000, on the Town
Own Motion, from the Oaneral
B~l~iness (B) District Designation to
tl~ Residential Office (RO) District
I~ation. The assessment re~otd~
lizt Reymoud Smilovich m
O~mer of the property. The Ptolemy
is located on the south side of
Wickham Avenge West of the in-
tersection of Route 48 and Wickham
Avenue. The Property contains
approximately .31 ae~es.
The Local Law is entitled, "A
LOCAL LAW TO CHANGE THE
ZONING DISTRICT DES-
IGNATION OF THE PARCEL OF
PROPERTY KNOWN AS SCTM #
1000-140.00-01.00-004.000 FROM
THE GENERAL BUSINESS (B)
DISTRICT DESIGNATION TO
THE RESIDENTIAL OFFICE
(RO) DISTRICT DESIGNATION.
Copies of this Eocal 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 speci-
fied. Any person also has the right to
submit 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: August 15, 2000
Elizabeth A. Neville
Southold Town Clerk
1486-1TAu17
STATE OF NEW YORK)
)SS:
COUNTY OF S~UFF01~K~)
~J{~(~f~ ~' I,()Zl(~ ~ of MaEituck, in said
count, being duly sworn, says that he/she is Principal
clerk of THE SUFFOLK TIMES, a weekly newspaper,
published at MaEituck, in the Town of Southold,
County of Suffolk and State of New York, 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,
commencing ~on the 1 ~ +~ d~
~ ~ri~ipal Cl~rk
Sworn to b~fore me thi~
day of
NOTM~ ~M~ lqJ~=iC HEAR-
IN~ ONA ~ LAW TO
AMEN~ ~ ~O ~P ~
~E TO~ OF SO--OLD BY
~ANG~G ~E ZONING DIS-
TRI~ OF S~ ~ I~1~.~-
01.~.~ ~OM the General
Business ~B) Dist~ct to the
R~en~ Off~ (RO) D~.
PUBLIC NO~ IS HE.BY
GIVEN that ~n~nt to S~tion
~ of ~e To~ ~w ~d r~ui~-
men~ of ~e ~e of the Town of
Southold, Suffolk ~unty, New
York, ~t ~e To~ B~rd of the
Town of ~u~ld ~ ~ a PU~
LIC H~G ~ b ~
~CAL ~W at the SO--OLD
TO~ HAL~ 5~5 ~ R~d,
~utbold, New Y~. at 11:~ a,m.,
Mo~y, ~ 4, 1~; &e ~b~c
Hearing ~H be ~ntin~d on
~y, ~r 5. 1~ nt 7~
p.~ at ~e ~e l~n. ~e p~-
~ of ~ ~ ~w ~ to ~ange
on thc north side of Route 48 west of
the intersection of Route 48 and
V~lckham Ave. (c~oss street), The
property contains approximately .31
This Local Law is entitled, "A
LOCAL LAW TO CHANGE THE
ZONING DISTRICT DES-
IGNATION OF THE PARCEL OF
PROPERTY KNOWN AS SCTM #
1000-140.00-01.004)04.000 FROM
THE GENERAL BUSINESS (B)
DISTRICT DESIGNATION TO
THE RESIDENTIAL OFFICE
(RO) DISTRICT DESIGNA-
TION'.
Copies of this Local Law are a
vailable in the Office of the Town
Clerk to any intecestad persons dur-
ing rngmitr business hours.
Any person 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 td submit 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 9/14/99:
ELIZABETH A. NEVILLE
SOUTHOLD TOWN CLERK
1858-1TS23
STATE OF NEW YORK)
)SS:
COUNTY OF SUF, FOL, K)
~.'-~-~ OJ~ ~. [J~_) I ( ~ ~ ~ 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 annexed is a printed copy, has been regu-
larly published in said Newspaper once each
week for ~ weeks su~ccessively,
commenc, lng, on the c-.~-x)r'ct day
of ~'~'~q'~[O~ 19~
~_~ Princlpai Clerk
Sworn to before me this =;27 ~
day of m
~OI^R¥ PU[tI.IC, STALE OF Na/~ YORK
NO. 524655242, SU[FOLK
COMMISSION EXPIRES AUGUST
/ISTRICT
000
3ECTION
.40.00
~LOCK
il.00
.OT
)04.000
CONSULT YOUR LAWYER BEFCJRE SIGNING THIS INSTRUMENT--THIS INSTRUM...dT SHOULD BE USED BY LAWYERS ONLY.
TH~ INDENTURE, made the ~ O ~-3'~ ~y o£e-'3x~ Cc n b *~. , 'nineteen hundred ~d n i n e t y - s i x
/'BE~ PAUL J. GAYDOS and KIM A. GAYDOS, residing at
125 Avenida Messina, Sarasota, FL 34242 and
3 Pine Road, Rocky Point, NY 11778 respectively
party of the first part, and
RAYMOND SMILOVICH, residing
Mattituck, New York 11952
at 14355 Main Road,
party of the second part,
WlTNF.,SSETH, that the party of the first part, in conside[aiio~ Of T~wDollars and.o~er valuable consideration
paid by the ~Ry of the second part, does hereby grant and release unto the party of the sec0n~'~rt, the heirs
or successors and assi~s of the party of the second part forever,
' ' at Mattituck, Suffolk County, New
York, bounded and described as follows:
BEGINNING at a monument se't in the southwesterly side of Wickham
Avenue distant the following two (2) courses and d~stances from the
most southerly end of a line connecting the southwesterly side of
Wickham Avenue with the northwesterly side of Middle Road, as
widened:
(1) North 1 degree 17 minutes east 44.34 feet;
(2) North 39 degrees 07 minutes 20 seconds west, 46.28 feet and
from said point or place of Beginning;
RUNNING THENCE along the land now or formerly of H. R. Reeve & Sons
south 47 degrees 36 minutes 10 seconds west, 225.22 feet;
THENCE still along land formerly of H. R. Reeve & Sons, now of
Mattituck Laundromat, north 43 degrees 41 minutes 20 seconds west,
59.91 feet to a monument and land formerly of Tyler;
RUNNING THENCE north 47 degrees 36 minutes 10 seconds east, 230.00
feet to a monument set in the southwesterly side of Wickham Avenue;
RUNNING THENCE along the southwesterly side of Wickham Avenue south
39 degrees 07 minutes 20 seconds east, 60.00 feet to the point or
place of BEGINNING.
BEING AND INTENDED TO BE the same premises as was conveyed to the
parties of the first part by Deed dated 8/31/92 and recorded in
the Suffolk County Clerk's office on 8/31/92 in Liber 11528 cp 518.
The within described real property is not encumbered by a credit
line mortgage.
TOGETHER xvith all right, title and interest, if any, of the party of the first part in and to auy streets and
roads abutting the above described premises to the center lines thereof; TOGETHER wi~h 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 prenfises herein granted unto the party of the second part, the heirs 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 an th~n
whereby the said premises have been encumbered i ......... '- · , Y ' g
AND the rt of th fi . . ,, ,~-y ~,,~y whatever, except as atoresaid
pa y e rst part, In comphance withc~iou. 13' pf,tt~Lien Law, covenants tha
the first part will receive the cons deration for this COnve.-~.-2 ~., ...:-~--,~ .... t the party of
eration as a trust fund to be a~-,-lied first for th J?"'-~ .'~"~ .~.m,~,~q~m.g~t to receive such consid-
vv e purpose p~ pay!ng t~e~,~[ O( ~t,I/e~,j~a.l~?Vement and will apply
the same first to the payment of the cost of the improvement before us~nl~ afiy pa,,rt'0f the total of the Same for
any other purpose. , .... . .
The word "l)arty'' shall be construed as if it read "parties" whenever the sense of this indenture so requires.
wntten.Ilhl'WlTNF'2~ WHEREOF~ the party of the first part has duly executed this deed the day and year first above
~0~ ~O~ PAUL ~. GAYS'OS
EDWARD p. ROMAINE
RECORDED ,