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HomeMy WebLinkAboutLL #38 2000THIS IS 'FO CERT1FIY THAT THE FOLLOWING LOCAL LAW WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 12, 2000: LOCAL LAW 38 OF THE YEAR 2000: A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THAT CERTAIN PART OF THE PARCEL OF PROPERTY KNOWN AS Suffolk County Tax Map (SCTM) #1000-055.00-02.00-024.002 FROM THE (B) GENERAL BUSINESS ZONING DISTRICT DESIGNATION TO THE (RO) RESIDENTIAL OFFICE ZONING DISTRICT DESIGNATION. BE 1T 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 establish, ed 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 pla~ developed heretofore, we hereby determine that it is necessary and desfl'able 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, Coramercial 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 scetfm 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 Town of Sonthold 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 homeovmers 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 recreationa~ 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 To~vn residents, the Final Report and Reconmaendations states that the two most prevalent and key issues are keeping growth in the existing hamlet centers and preserving the enhancing thc 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 environment 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 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 shll 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: 2) 3) 4) s) 6) 7) 8) 9) 10) lI) l~) 13) 15) 1,5) 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 presm~:e 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 Town'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 the reconunendations and comments of our Planning Board, the Suffolk County Planning Commission, our plaaning consultant (CCG) and the public comment taken at the public hearing and other~vise, we hereby change the zoning district designation for that certain part of the parcel known as SCTM # 1000-055.00-02.00-024.002 (and more fully described herein below) from the (B) GENERAL BUSINESS zoning district designation to the (RO) RESIDENTIAL OFFICE zoning district designation. SCTM #1000-055.00-02.00-024.002 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, Suffolk County, State of New York more particularly bounded and described as follows: BEGINNrlNG at a point on the easterly line of land of Dickerson at the northwesterly comer of land of the party of the second part, said point being N. 10 degrees 53' 50' W.- 296.33 feet from the northerly line of Middle Road; RUNNING THENCE along said land ofDickerson N. 10 degrees 53' 50' W.-400.43 feet to land of Carroll; THENCE ALONG said land of Carroll N. 79 degrees 15' 00" E> - 267.65 feet; THENCE ALONG other land of the party of the first part S. 10 degrees 53' 50" E.-450.43 feet to the northwesterly corner of land of Davis; THENCE ALONG said other land of the party of the second part two courses: (l) N. 23 degrees 21' 20" W. - 51.23 feet; thence (2) S. 79 degrees 15' 00" W. 256.60 feet to the point of beginning. Containing 2.467 acres. 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 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 REG1STRJ~A~ 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 that certain part of the parcel of land lying in the Town of Southold identified by SCTM # 1000-055.00-02.00-024.002; and WHEREAS, GElS 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 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 INO ON A LOCAL LAW TO AMEND ~ ~O~I~G ~ OF THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DIS- TRICT DESIGNATION OF THAT PART OF SCTM # 1000-055.00- 02.00-024.002 THAT IS CURRENT- LY IN THE GENERAL BUSINESS (B) DISTRICT DE$1(3NATION FROM THE GENERAL BUSI- NESS (B) DISTRICT DESIG-. NATION TO THE RESIDENTIAL OFFICE (RO) DISTRICT DESIGNATION. PUBLIC NOTICE IS HEREBY GIVEN that Imv~uant to S~--tion 265 of the Town Law and requiremcms of the Cod~ of the Town of Southotd, Suffolk County, New York, that Tmva Board of the Town of SonthoM ~ ~old a PUBLIC HEARING ~ ~ &fore, id LOCAL LAW at the SOUTHOLD TOWN HALL, 5309~ ~ Road, Southold, New York ~ 5~0 l~.m.~ Tuesday, August 29, 20~0. The [~urpose of the Local Law is to Chafe the Zoning District D~atton of that part of SCTM # 10~0~055.00-02.00-02i;002 which is currently zoned iR the General Busi~ss (B) district designation, on the Town Board's Own Motion, from the General-Business (B) District Designation to the Residential Office (RO) District Designation. The assessment records list Field ss tile Owner of the property. The Property is located on the north side of Route 48 east of Boisseau Avenue. The Property contains approximately ?.2~ acres. The Locat Law is entitled, "A LOCAL LAW TO CHANGE THE ZONING DISTRICT DES- IGNATION OF THAT PART OF THE PARCEL OF PROPERTY KNOWN AS SCTM # 02.(10-024.002 THAT IS CURRENT- LY IN THE GENERAL BUSINESS (B) DISTRICT DESIGNATION FROM THE GENERAL BUSINESS (B} DISTRICT DESIG- NATION TO THE RESIDENTIAL OFFICE (RO) DISTRICT DES. IGNATION. Copies of this Local Law are avail- able in the Office of the Town C~erk to any interested per-~ms during reg- ular business hours. Any persons desiring to be heard on the proposed amenshnent 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 ~ither 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 $outhold Town Clerk 151~-ITAul? STATE OF NEWYORK) )SS: COqNTY OF SUFFOI~ .K) ~.J 0~0~/'~ F~, (~i'( [ t ~' of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for commencing o.~ Sworn to ~efore me this day of (l~ ~ ~( .~,'~- CHRISTINA T. WE~E~I weeks successively, the { ~'( + ~'~ day ,.._.)Principal Clerk 20 LEGAL NOTICE NOTICE OF l~Br~lC HEAR- ING ON A LO~AL LAW TO AMEND THE ZONING MAPOF THE TOWN OF SOLrH-IOLD BY CHANGING ~ ZONING DIS- TRICT DESIGNATION OF THAT PART OF SCTM # 1000-055.00- 02.00*024.002 THAT IS CURRENT- LY IN THE GENERAL BUSINESS (B) DISTRICT DESIGNATION FROM THE GENERAL BUSINESS (B) DISTRICT DESIG- NATION TO THE RESIDENTIAL OFFICE (RO) DISTRICT DESIGNATION. PUBLIC NOTICE IS HEREBY GIVEN that pursuant to Seg~ion 265 of the Town Law and requh'ements of the Code of the Town of Southold, Suffolk County, New York, that the Town Board of the Town of Southold will hold a PUBLIC H~ARING the Afo~$aid LOCAL LAW at the SOUTHOLD TOWN HALL, $3095 Main Road, Southold, New York at 8~$ a.m.. Tuesday, August 15, 2000. The purpose of the L~cal Law is to Change the Zoning District Designation of that part of SCTM # I000-055.00-02.00-0~24.002 which is currently zoned iz~ the General Business (B) disttiet designation, on the Town Board's Own Motion, from the General Business (B)-. District Designation to the Residential Office (RO) District Designation. The assessment record~ list M~rg~et Field ~$ the Ow~e? of the property. The Property is located on the no~th side of Route 48 east of Boisseau enu¢. The Property contains approx- imately ?.25 acres. The Local Law is entitled, "A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNA- TION OF THAT PART OF THE PARCEL OF PROPERTY KNOWN AS SCTM # 1000~05S.00- 02.00-024.002 THAT IS CUR- RENTLY IN THE GENERAL BUSINESS (B) DISTRICT DESIG- NATION FROM THE GENERAL BUSINESS {B) DISTRICT DESIG- NATION TO THE RESIDENTIAL OFFICE (RO) DISTRICT DESIG- NATION. Copies of the L°cai Law ar~ avail- able in the Office of the Town Clerk to any interested per~ons during reg- ular business hours. Any porsous desiring to be heard on the proposed amendment should appear, and has the tight to appear, at ihe time and place above so speci- fied. Any person also has the fight to submit written comments to the Sonthold Town Clerk either prier to the Public Hearing or at the Public Heating. BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, SOUTHOLD, NEW YORK. Dated: July 21, 2000 Eli~'.abeth A. Neville Southold Town Clerk S ATE OF NEW¥ORK) )SS: C--~J~ N 'I'Y' ~ F ~V~F ~FO L K) ~oun~, ~in~ ~uly $~om, ~lerk of THe SUF?O~K ¢oun~ of $~lk an~ 8tat~ of ~Yor~, anO that th~ ~ofi¢~ of ~hiCh th~ ann~x~ ia a pr~nt~ ¢o~y, baa each week ~r CO~encing W~ks succe~ive~, of ~ on the Sworn to before me this dayof -~ k~,x .~ 20_~X~. day k 20 oo LEGAL NOTICE NOTICE OF PUBLIC HEAR- lNG ON A LOCAL LAW TO AMEi~D ~ ZONING MAPOF THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DIS- TRICT DESIGNATION OF THAT PART OF SCTM # 1000-055.00- 02.00024.002 THAT IS CURKENT- LY IN THE GENERAL BUSINESS (B) DISTRICI7 DESIGNATION FROM ' THE GENERAL BUSINESS (B) DISTRICT DESIG- NATION TO THE RESIDENTIAL OFFICE (RO) DISTRICT DESIGNATION. ~ PUBLIC NOTICE IS HEREBY GIVEN that pursuant to Section 265 of the Town Lav~ and requirements Of the Code of the Town of Southold, Suffolk County, New York, that the Town Board of the Town of Southold will hold # PUBLIC HEARING on tl~ Afor~ld LOCAL LAW at the SOUTHOLD TOWN HALL, 53095 LEGALS... ~,-From previous page 8:05 a.m., Tuesday, August 15, 2000. The purpose of the Local Law is to Change the Zoning District Dcsi~natinn of that pa~t of SCTM 1000-055.00-02:00-024.002 which is currently zoned in the General Business (B) district designation, on the Town Board's Own Motion, the General Business (B) District Designation to the Resich:ntial Office (Re) District' Designation. The a~sessment records l/st M~E~ret Field as the. Owner of the proper~y. The Prol~erty is located ~n the north side of Route 48 east of Boisseau Av- enue. Th~ Property contains approx- imately 7.25 acres. The Local Law is entitled, "A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNA- TION OF THAT PART OF THE PARCEL OF PROPERTY KNOWN AS SCTM # 1000-055d]0- 02.00-024;002 THAT IS CUR- RENTLY IN THE GENERAL BUSINESS (B) DISTRICT DESIG- NATION FROM THE GENERAL BU$~NESS (B) DISTRICT DESIG- NATION TO THE RESIDENTIAL OFFICE (Re) DISTRiCT DESIG- NATION. Copies of thls Local La,w are avail. able in the Office of the Town Clerk to any interested persons during reg- ~ 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 aiso 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: July 21, 2000 Elizabeth A. Neville Southold Town Clerk 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 ';4 District 1000 ~lc~arl)' c, t r~ded and desc~.,~ea .o follows: BEO~G .~t ~ point on ~e' ea:;te?ly line of land Co~e~ cfi l'tq C [ the p~rty o? ti ~ second pa~, ~ac 296.3fi /eel ~ or~ the rlorlhe~l/ .~e of Middle ~oad Blk 02.00 ~ot o24.ooj 055.00iko land of (; vo ; THENCI; Al (?h; !a:d ,;.~r,o o' ( :'r,>il N, 79° ]5' UC ;',. ,,' THENCI,' At bit, ,',t.:!q' ia,nd , ~e part'; t ~ the ,.rs, ]:': ! . 'he rJorthweite;'[y 430 43 fee feet to tJle 1, it, % e'~;: e r~> ::~.u'::,:: ~f Land o[ !>avis; THENC}',A~ ;Ni'.~d ,~n:~c laud of the party of the i~ (1) N~ 2! 21 29" ~v. - 5;,2:: feet; lhence (2} S 7 ~ }i (](l" ~.'. - 256. ~30 feet to the p>int ,:: ~ ' [%. ' "~.v other purp')