HomeMy WebLinkAboutLL # 45 1999 ELIZABETH A. NEVILLE Town Hall, 53095 Main Road
TOWN CLERK P.O. Box 1179
REGISTILa~R OF VIT.a~L STATISTICS ~ Southold, New York 11971
M.~RIAGE OFFICE~ ~ F~ (516) 765-1823
RECORDS ~L~AGEMENT OFFICE~ Telephone (516) 765-1800
FREEDOM OF I~ORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOW~' OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING LOCAL LAW WAS ADOPTED
BY THE SOUTHOLD TOWN BOARD AT A SPECIAl MEETING HELD ON
OCTOI3ER 19, 1999:
LOCAL LAW NO. 45 OF THE YEAR 1999.
A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THE PARCEL
OF PROPERTY KNOWN AS Suffolk Count)' Tax Map (SCTM) # [000-074.00-03.00-020.000
FROM THE
(R-80) RESIDE~FIAL LOW DENSITY ZONING DISTRICT DESIGNATION TO THE
(FIB) HAMLET BUSINESS ZONING DISTRICT DESIGNATION.
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS:
Scclion 1 Legislalive lnlent
Consistent with our comprehensive laud use plan and our ex~ablished objectives and goals as
reflected by the erdstiug zoning patterns within the Town, and ba~d upon our curreu~ Courtly 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
Ihe parcel identified her~iu as well as other lands; thus, we hereby identi~' and adopt the following
overall theme.s of (1) Preservation of Farmland and Agriculture; (2) Preservation o[ Open and
Recrealional Spacel (3) Preservation of the Raral, Cultural, Commercial and Itistorical Character of
the Hamlets and Surrounding Are~; (4) Preservation of the Natural Envlcenmc~t; w/:icb derive
from the shared vision held by residents and local public officials of the Town and which are
intended to foster a strong e~onomy and which eucodrage and preserve the existing high quality of
life, as more speeifirally set forth herein below:
L · Preservation of Farmland aad Agriculture
Fanaland is a valuable and dynamic indualxy in the Town of Southold. The open
farttdands arc not only highly ~ for fo¢ir econo ,mic value, bul for Ibc _sgcnic vis{az ~ provide_
msid~ts, wt~il~ promoting ~ a~!
2. Pr~rvatlon of Open and Recreational Space
The Town of Southold miles heavily upon its scenicbeauty ~d oiza landscapes for
recreation, r. Jea6 ah' and Water, as weU as for its atlm~tion tO tO~'Ls and re~'mafiotz-sedcers. The
Town I~s attracted many second homeowtlets be~anse of its natural ~esouroas, abundance of
open space_ famls, picturec, que villages, and thc ever-present waterfront" (Master Plan Update.
1985). Due ~o this open space, the Town bas a Lremendous development potential Bleak pictures
bave been painted in a few documents, warning of strip-typo development, suburban sprawl and
water supply issues. The pros~rvafon 0f open and recreational spac~ is not only aesthetic, but also
a necessity for the present and fmure needs of the Town.
Preservation of the Rural, Cultural, Commercial and Histurieal Character of the
HamleU aaa SurroumlingAvo~
Tho Town of f~uthold is ~tmwned for it~ nmfl, ~sltuml. oamngax/m! ~ hi~tafi~
are keeping growth m the extstmg hatnlet centers and preserving the enhancing the surroanchng rural areas.
Additionally. the Master Plan Updale recommends the provision for "a community of residential bamlets
that are comprised of a vartet3' of housing opportunities, commercial, servi~e and cultural ~c_tivifius. set in
an open or rural atmosphere and supported by a diversified economic base (including agricnlture, marine
commercial and seasonal rccreation activities)?
4. Prostration of the Natural Environment
Accommodating "growth and change within the Town without destroying its traditional
economic base; the natm'al environment of which flhat base re. as, and the itmique character
and the way of life that defines the Town" is of utmost importance~ (Grooed Watershed
Protection and Water Supply Management Strateg3,). The Master Plan Update
recormnends preservation of the Tow n s tmi~u-al enx 'ronment from wetlands to
woodlands and to "achieve a l~d use pattern that is sensitive to the limited indigenous
water supply aud wi[[ not degrade the subsurface water quality.
11~¢ omstanding needs enumcrated bclox~ are thc culnlir~ilr~on el carel-ul compahso~t of thc intent and
objccfivcs of tire Iox~ Cs smt~ in para l~d ~c plm~s ~d studies) m~d thc c~en~y existing ~nditions
~ong ~e Cou~ R~te 48 mmdor. ~e~ n~ refl~ ~e ~m and pre,ut vis,on of fire Town ~d the
work ~t ~11 n~s to ~ done due m ~e pm~i~ of Coun~ Route 48 to ~e ~et ~ ~mem
~d to avoid ~tenti~ly ~i~ing development s~ategi~ for such ~ms. ~e~ oul~hg n~s we find
exim ~ou~out ~e Tom ~d ~ ~mlly idenfifi~ as follows:
1) to provide for ~able l~d um devehipmem at levels of intensifi~ whch ~e m~itive to mbs~a~
water qmli~ ~d quant~
2) To main~in ~d ~en~en ham[Et ~nmm as the focus ofmmmemial, residential ~d c~l
activiB':
3) To pm~'e the o~ a~tml ~d ~ c~cter of ~ms outside of the linnet centers;
4) to pm~Sde for a v~e~ of ho~g op~mti~ for cil~e~ of different in~mcs ~nd age levels;
5) to e~ ~e op~fi~ ~r ~-~en~y shopping;
6) to ~n~uetoflte~p~aof ~eTom'sa~l~nomy;
7) to ~m ~e Tom's ~t~ a~m, inclu~g i~ ~I I~tian' ~d a~cnl~ b~e, by
b~cing ~e~l, ~id~ti~ ~d ~fio~l
. 8) Io s~e~ the Tom's me-mtion~ ~d ~ne~mmerciM a~i~ties;
9) to en~mge~epr~a~onofp~publica~to~ewat~nt;
l 0 ) to ~ t~m by ~m~ ~d ~c~g ~ T~'s a~ ~ fo~er a to~ ~de,
~y ~ ~ ~,~ ~o~ ~g~ ~ a ~ of pla~, o~ ~I ~ o~
14) to ~ge ~d ~ ~ ~ide ~d ~t of ~et ~m~
15) m ~~~my~m~m;
16) to ~ ~ ime~ of th~ To~'s ~g~five ~bimt~ indu~g ~hmt~ ~fl~ ~
w~lands.
Section 2. Enactment
Therefore, based upon thc aforementioned goals and identified needs of the To,am and upon our
consideration of thc recommendations and comracnts ol'our Planning Board. the Suffolk County Planning
Commission~ our planning consultant (CCG) and the public comment taken at the public [teanng and
od~e. nvise, we hereby change the zoning distnc designalion for file parcel known
SCTM# /000 - 0 7hi. O0 - 0_3. oo - 0 2.6, ooo _(and as mo~
· herein below) from file
SC'PM # 1000-074.00-03.00-020.000
ALL that certain plot; piece or parcel of land, with the 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 point 'on the easterly side of Peconic Lane chstant 169 feet
southerly fi:om land of LONG ISLAND tL~ILROAD CO.;
RUNNING TI-IENCE along land formerly of ANNIE PRINCE and now or
formerly of HENRY J SMITH (1)54 de~ees 10' 00" East 82.78 feet:'
THENCE South 55° 26' 40" West along land now or formerly of JAMES H. RIClf
ESTATE 220 feet to the easterly side of Peconic Lane:
THENCE North 34° 33' West along the easterly side of Pecomc Lane 50 feet to
the point or place of BEGINNING.
BEING AND INTENDED TO BE the same premises conveyed to the parties of
the first part, as to a one-half undivided interest, and LEON GORDON, as; to a one-
half undivided interest, by deed dated September 16, 1985 and recorded in the
Suffolk Cotmty Clerk's office on October 7, 1985 in Liber 98, Page 483.
Section 3.
The zoning map as adopied by seclion 100-21 of the Town Code of Ihe Town of Soul. hold is
hereby amended lo reflect Ihe witlfin c[mnge of zoning distric[ designation for said parcel.
Section 4.
THIS LOCAL LAW SHALL TAKE EFFECT IMMEDIATELY UPOi~I FILING'WITH THE
SECRETARY OF STATE.
ELIZABETH A. NEVILLE
SOUTHOLD TOWN CLERK
OCTOBER 19, 1999
Local Law~. .~, ,,~ s-~-,~ s~,,~,., ~.~ ~:~,,~
(Use this form to file a local law with the Secretory of State_)
Text of law should be given as amended. Do not include matter being eliminated and do not Use
italics or underlining to indicate new matter.
K:K1X of Southold ...................................
Town .......................................................
xm~x
LOCAL LAW NO. 45 OF THE YEAR 1999.
A LOCAL LAW TO CH_~qGE THE ZONING DISTRICT DESIGNATION OF THE PARCEL
OF PROPERTY KNOWN AS Sttffolk Cotmh.' Tax Map (SCTM) # 1000-074.00-03.00-020.000
FROM THE
(R-gO) RESIDENTIAL LOW DENSITY ZONING DISTRICT DESIGNATION TO THE
(I-~3) HAMLET BUSINESS ZONING DISTRICT DESIGNATION.
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS:
Please see attached.
(If nddltlonnl Space La needed, attach pages the same size an t/ab sheet, and number each.)
( 1 '~
LOCAL LAW NO. 45 OF TffE YEAR 1999.
A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THE PARCEL
OF PROPERTY KNOWN AS Suffolk Cotmty T~x Map (SCTM) # 1000-074.00-03.00-020.000
FROM THE
(R-80) RESIDENTIAL LOW DENSITY ZONI~G DISTRICT DESIGN.aT[ON TO THE
([lB) HAMLET BUSINESS 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 Connty Route
48 Land use stud3 as ~'efi as numerous land use studies and plans developed heretofore, we hereby
determine that it is necessary and desirable to re~4se 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 o1' (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 ltamlets and Surrounding Areas; (4) Preservation of the Natural Environment; which derive
from the shared visian 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 indu~a-y in the Town of Sonthold. The open
farmlands are not only higtdy cherished for theft' economic value, but for the .scenic vistas they provide.
i The open space and sconety 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 Town of Southold rebe~ heavily upon tls scemc beauty and open landscape~ for
recreation, clean air and water, as well as for its ara'action to tourism and recreafion-~ekers. Th~
Town has allmcted many second homcewner~ because of its "natural resources, abundance of
open space, farms, picturesque x411ages, and the ever-present waterfront" (Master Plan Update,
1985). Due to this open space, rite Town has a tremendous developraent potential. Bleak 9ictuses
have been painted in a few documents, warning of strip-type development, suburban sprawl and
water supply issues. The pre~rvation 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 ~f the
: Hnmleta and Surrounding Are. as I
Thc Town of Southnld is renowned for its mini, cultural, co~ nnd historic
: character. ,This unique character is recognized in all or the documents reviewed. Based on the inpUt of
; Town residenls, the Final Report and Recommendations states that the two most prevalent and key i~sues
ELIZABETH A. NEVILLE t~ 'l Town Hall, 53095 Main Road
i ~?. ~ P.O. Box 1179
TOWN CLERK ,' ~o~ Southo~d, Ne~v York 11971
REGISTI~kR OF VITAL STATISTICS ~ Fax (516) 765-6145
i~iAR RL~.GE OFFICER ~
RECORDS ~LkNAGEMENT OFFICER Telephone (516) 765-1_800
FREEDOM OF INFORiYLkTION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THiS IS TO C£RTIFY THAT THE FOLLOWINg; R£$OLOTION WAS
ADOPTED AT A R~GOLAR MEETI~G OF THE SOOTHOLD TOW~ BOARD
H[LD O~ SEPTEMBER 2~. ]999:
~AS Ibc To~ B~d, of the To~ of Sou~old is cons[tieing a change in thc
zo~ng desi~afion ~om (RS0) Residential Low-Dcnsky Distfi~ to ~) H~let
Bus[n~s D~stdct of ce~n p~ls of land lying in the To~ of Southold identified by
SCTM~ 1000-074.00-0] 00-20.00;
~SOL~D by thc Tow 1 Board of the To~ of Southold that fo~ the above actions there
[s no other involved agen ~y p~suant to SEQ~ Rules and Re~lafions set fo~h [n 6
~C~ 617.1 et. seq. ~ Chapter 44 of the Somhold To~ Code; be k ~her
~SOL~D by thc To~ Bo~d of the To~ of SouthoId that for the above a~ions thc
To~ Bo~d is Lead Age: ~cy pursuit to SEQ~ Kules and ~lafions s~t fo~h in 6
~C~ 617.1 et. seq. an i Chapter 44 of the Southold To~ Code; be it ~her
~SOL~D by thc To~ Bo~d of the To~ of Southold t~t these a~ions each arc ~
Unl]sted Action pursuant[to SEQ~ Rules ~d Re~lafions set fo~h in 6 ~C~ 617:. 1
et. seq. and C~pier 44 of the Southold To~ Code.
Southold TOwn Clerk
September 28, 1999
LEGAL NOTICE ·
· /:.?''~: .NOTICE OF PUBLIC HEAK-~ :...
?:;:i~IG ON A LOCAL LAW TO
";. AMEND THE ZONING MAP OF
l] - THE TOWN.OF SOUTHOLD BY I STATE OF NEW YORK)
'- CHANGING THE ZONING DIS-
.;i' TRICT OF SCTM # 1000-074.00- )SS:
,i 03.00-020.000 FROM the R-80
' Residential Low-Density District to COUNTY OF SU~,FOLK)
: !;.. the Hamlet Business (UB) District. k.~'-~O.~ ~- ~()'t([[S of Mattituck, in .said
ii: PUBLIC NOTICE IS HEREBY
si,' GIVEN that Pursuant to Section COUXlty, being duly sworn,says that he/she is
:'.;:. 265 of the Town Law and require- Principal clerk of THE SUFFOLK TIMES, a
u. merits of the Code of the Town of
'~. Sou)~hold, Suffolk Cdunty. New weeklynewspaper, published at MattitUck, in
'i'~ York that the Town Board of LAc ' '
!:' Town of Southold-will hold a PUB. q the Town of Southold, County of Suffolk and
!]:' LIC HEARING on the aforesaid [ State of New York, and that the. Notice of which
il,. ' LOCAL LAW at the SOUTHOLD
{!; [ TOWN HALL, 53095 Main Road : the mmexed is a printed copy, has been regu-
,!i.. 'Southold New ·York, at3:30 pm ,
[i Monday. October 4. 1999; the PiJhlic larly published in. said Newspaper once each
(,. Hearing will be ..continued on . week for '~': weeks . su,,ccessively,
?. Wednesday,' October 6, 1999 at 6;00 r'~l
hi' pm at the sade locafiofl The p.ur- commenqing , On. thec-~-~ day
i(T pose of the Loc~il Law is to Change l Of 60T ' kSLFmclq ..
iii. the ZoniEg District Of SCTM # 1000- I
',' 074.O0-03.0/~-figfi.fmO oo iht To~n [ · , ·
i',' Bo:vd: i'~Ur. M,'.l.d.q Ir.',m fl'lc R-KI'I : .
II~l Rrs.JeilD'd [,:..~-De.~!0'. D.'~r.ck h3
'the a,,n~, a., ....... ,ac, D,:.,~..:, Principal Clerk
. Ibc p*,:.p~ f,', ,, k.,~tc,J or, ,J-,.: :c. um [ Sworn to before me this ~:,~7 ~X.
&'tion of aoute 48 and Peeome L~nc day of
,:'1 (cross street)_ The pioperty cofitains
L ;; approximately :25 acres.
i;:': This Local Law is entitled, "A ' ~ARY DIANA FOSTER
~]0TARY PUi~LIC, STATE OF N~¥ YORK
, LOCAL LAW TO CHANGE THE ~.~.0.; 52-4655242, SUFFOU~ COUNTY
iI' ZONING D[STRICq~. 'DES-
CO~,A~ISSION -EXPIRES AUGUST 31, .2..O79i
i~'i; [GNATION OFTHE'PARCEL OF --
(: PROPERTY ICNOWN AS SCTM #
[i;~*1000:074 00~03/00-020 000 'FROM
~k~ THE R-80 RESIDENTIAL LOw-
H!!',i~;,, DENSITY DISTRICT' DESIGNA-
[??TION TO THE HAMLET BUSf- ...
i;:NESS (HB) DISTRICT DESIG:'
[I., NATION.- ·
:,'i Copies o£ this Local Law are
[::-2 .available in the Office of the Town
;;' Clerk to any interested persona dur-
l[i;il ing regular business hourS. .
.. ' Any person'des~rmg to be heard ' ',
'il
;i :on the proposed amendment should
k.::appear and has the right to appear '
,, at the t~me and place abov~ so spec- '-
[~' died..-bm p.:i~,:,', ~!~o ha~ Ihe dgl,I
B5 r_IRDER OF THE TO~hN
BOA, RD OF THE TO\\N OF
~,OUiq-[iJLD SOL~HOLD NE~
;'!I:YORK. i
I':'Dated:9/14/99 ' · ·
~ .;, ELIZABETH A. NEVILLE
[[;:, .. SOVTHOLD ToWN CLERIC
'? :J_914-tTS23 - '
COHSULT YOUR LAWYER DEFORE $]G, HIHG TH]r` INSTRUI4ENT - THIS IH~TRU~T SHOULD BE USED BY ~ERS ONLT
9~ ~d J~R~, ~s ~fe, rasing at ~o #) ~ ~ad,
party of the second part,;
paid by the part) of the ~econd part, does hereby grant and release unto the party of the second part, the heirs
or successors and assignl of the party of the second part forever,
~LL that cart.sin plot, piece or parcel of land,
with the bbildings and improvements thereon erected,
lying and being at Peconic, Town of Southold, County of
~ Suffolk an~ State of New York, bounded and described as
!,' ?.'-- ! follows: I
"~J' "~! ~EGINNING at a ooint on the easterly side of
, " Peconic La~e distant 169 feet southerly from land of LONG
{C'~,:.7.'! L, iSLAND RAILROAD CO.;
[. ~T..(m ,.,' ~UNNINGm ~ENCE along land formerly of ~NIE
)-:'""~"~'. PRINCE and[ now or ~ormerly of ~k J. SqlTH (i) i~orth 54°
~'~ 7 10' 00" E~st B2'78 feet; (2) N°rth 56° 12' 50" East 137'26
feet; and South 34° 33' East 50 ~eet;
~.~..- -....: ],, m'T~ENCE South 550 26' 40" West along land now or
~j.;-. l~ formerly ~ JAt-IES H. RICH ESTATE 220 feet to the easterly
~: side of peconic Lane;
[T~ENCE North 34~ 33' West along the easterly side
of Peconi~ Lane 50 fee% to the point or place of BEGINNING.
/ ~p IIBEING ~D INTENDED ~ BE ~he same premises
~/~~ conveyed~ the parties of the first part, as to a one-hall
'~ undivided[ Interest, and LEON GORDON, as to a one-half
~ undividedI ~nterest, ay deed dated September 16, 1985 and
recorded lin the Suffolk County Clerk's office on October 7,
~985 in :iber 9~ Page 483.
TOGETHER with a~l r~ght, title ~nd interest, if any, of the party of the ~rst p~m ~n and to any streets and
roads abutting the abbv¢ descried premises to the center Hnes [hereof; TOGETHER wkh ~hc appurtenances
and all the estate an~ ri~b[s of the party of the first part in and ~a s~id premises; TO HAVE AND TO
HOLD thc prem{ses[here~n granted unto the p~y of the second pa~, ~he heirs or successors and assigns
thc parD' of the s¢cobd part
AND the pa~y of the first ~m covenams ~hat the pa~y of thc ~rst part has no~ done or suffered anything
whereby the smd pr~'mises h~w¢ been enamored in any way wha~evcr, except ~s afore~id,
AND Iht part)' of the ~rs~ ~, in compliance with S~¢fion 13 of the Lien ~w, covenants th~l ~h~ party of
the first ~rt will receive the consideration ~or this conveyance ~nd will hold the fight to receive such ¢onsld-
emfon as a true[ {u~d to ~ ~pplied first ~or the put. se ef pay~g the ¢os~ o[ the improvement and will apply
the same first to the[payment of the cost o~ the improvement before ~ing ~y pa~ o~ ~¢ total of the same
any other purpose,
m
The word "party" ~hall ~ construed as if it read "parties" whenever the sense of this indentpre so requires.
1~ WIT~ES$ WH~R~O~, the party of the first ~ has duly e~cuted this deed the day and year first a~ve
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