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HomeMy WebLinkAboutLL #29 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 29 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) #1000-059.00-10.00-002.000 FROM THE (LB) LIMITED BUSINESS ZONING DISTRICT DESIGNATION TO THE (AC) AGRICULTURAL CONSERVATION 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 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 t~eretofom, we l~ereby detemdne that it is necessary and desirable to revise and amend the zoning designation applicable to the pamel identified herein as well as other lands; thus, we hereby identify and adopt the follow/rig overall themes of(I) Preservation of Farmland and Agriculture; (2) Preservation of Open and Recreational Space; (3) Preservation of the Rural, Cultural, Commercial at~d Historical Character of the Hamlets and Surrounding Areas; (4) Preservation of the Natural Environment; wlfich 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 Town of Southold relies heavily upon its scenic beauty and open landscapes for recreation, clean ak 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 txaditional 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 environment from wetlands to Woodlands and to "achieve a land pattern that is sensitive to the limited indigenous water supply and will sot degrade the subsurface water quality. The outstanding needs enumerated below are the culmination of careful comparison of the intent and objectives of the to;un (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 offue To~vn 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: ~) 2) 3) 4) 5) 6) 7) 8) 9) 10) i2) i3) 14) ~5) 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 feral and open character, agriculture, and marine activity; to p~'esm've prime farmland; and encourage, the diversification of agriculture; to preserve the historic, cultural, architectural and archaeological resources of the Town; to ensure visual quality ofl~amlet 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 c°nsiderati°n °f the rec°mmendati°ns and c°mments of our Plannin. Bo~.a .L · · o a.u, me ;~nlIOIK CoUllty Planning CornnnssJon, our planning consultant (CCG) and the public comment taken at the public hearing and otherwise, we hereby change the zoning district designation for that certain part of the parcel known as SCTM # 1000-059,00-10.00_002.000 (and more fully described herein below) from the (LB) LIMITED BUSINESS zoning district designation to the (AC) AGRICULTURAL CONSERVATION zoning district designation· SCTM # 1000-059,00-10.00-002.000 All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Village and Town of Southold, County of Suffolk and State of New York and being more fully described as follows BEGINNING at a point on the easterly side of North Road, C.R. 48 ( also known as Middle Road) where same is intersected by land now or formerly of Pudge Corp.: said point also lying approximately 1162.7 Feet southerly from the westerly most end ora line connecting the westerly side of Tucker Lane with the easterly side of North Road as measured by the easterly side of the North Road. THENCE south 34 degrees 40 minutes 30 seconds east along land now or formerly of Pudge Corp. 821.75 Feet to land now or formerly of David Mudd. THENCE south 33 degrees 19 minutes 40 seconds west along land now or formerly of Mudd 373.60 feet to land now or formerly of Raymond Jay Akscin. THENCE north 44 degrees 48 minutes 50 seconds west along land now or formerly of Asckin 781.56 feet to the easterly side of North Road. THENCE north 33 degrees 39 minutes 10 seconds east 520.79 feet along the easterly side of North Road to the point or place of BEGINNING. BEING AND INTENDED being and intended to be tb:e same premises conveyed to party of the first part, by deed dated October 26, 1993 and recorded in the Office of the Clerk of Suffolk County November 4, 1993 in Deed Liber 11650, Page 732. Section 3. The zoning map as adopted by section 100-21 reflect the within change of zoning district of the Town Code of the Town of Southold is hereby amended to 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 REGISTi~MR 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 LB Limited Business Zoning District Designation to the AC Agricultural Conservation Zoning District Designation of that certain part of the parcel of land lying in the Town of Southold identified by SCTM # 1000-059.00-10.00-002.000; and WHEREAS, GEIS which said "no further SEQRA review required" when "Changing the Zoning Category of a parcel from any one of the industrial or commercial zones in the Town of Southold to a single-family residential or Agricultural Conservation zone shall not require further SEQRA review." And this proposed action meets this criteria; and WHEREAS, the Town Board nevertheless conducted a LEAF pursuant to SEQRA in addition to the GEIS findings statement; and be it 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 further 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. A. Neville Southold Town Clerk September 12, 2000 t/~AL NO'rllc~ NCfflC~ OF IRmLIC HEAR- ING ON A LOCAL 1AW TO AI~END THE ZONINO MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DIS- TRICT DESIGNATION OF THAT PART OF SCTM # 1000-059.00- 10.00-002.000 THAT IS CURRENT- LY IN THE LIMITED BUSINESS (LB) DISTRICT DESIGNATION FROM THE LIMITED BUSINESS (LB) DISTRICT DESIGNATION TO THE AGRICULTURAL CONSERVATION (AC) DIS- TRICT 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 will hem a PUBLIC HEARIN~ lira Afort~ufid LOCAL LAW M the SOUTHOLD TOWN HALL, 53095 Main Road, Southold, New York at 5:1]0 p.m., Tuesday, August 29~ The purpose of the Local Law is tO Change the Zoning District De~,natlon of that part of SCTM # 1000-059.00-10.00-002.000 which currently zoned in the Limited Rus~ess (LB) district designatioo, mt the Town Board's Own Motion, fto~t the Limited Business (LB) District Designation to the Agri- cultural Conservation (AC) District Designation. The assessment records list Anne H~l~ld an the Owner of the property. The Property is located on the south side of Route 48 west of Tuckers Lane. ~ Property contains approximately 8 acres. The Local Law is entitled, "A LOCAL LAW TO CHANGE THE ZONING DISTRICT DES- IGNATION OF THAT PART OF THE PARCEL OF PROPERTY KNOWN AS SCTM # 1000-059.00- 10.00-002.000 THAT IS CURRENT- LY IN THE LIMITED BUSINESS (LB) DISTRICT DESIGNATION FROM THE LIMITED BUSINESS (LB) DISTRICT DESIGNATION TO THE AGRICULTURAL CON- SERVATION (AC) DISTRICT DESIGNATION. Copies of this Local Law are avail- able in the Office of the Town Clerk to ~ny interested persons during reg- al~r buslm~ I~m~ Any oerso~s desirin~ to be heard appear, smd hes ~ ri~t to appear, at the ti,n~ and ldl~e above so speci- fied. A~y ~ a~O has the fight 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 Cie 1509-1TAu17 STATE OF NEWYORK) )SS: COUNTY OF SUFFer. K) , \.J ~_O.~/~ F' (~)1'~ [ 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 NewYork, 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._0 of Sworn to ~efore me tills day of weeks successively, the ( ~'~ + ~'~ day ipal Clerk 2o h© NOTICE OF PUBLIC HEAR- lNG ON A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE ZON1NO DIS- TRIC"F DESIGNATION OF THAT PART OF SC'TM # 1000-O59.00- 10.00-002.000 THAT IS CURRENT- LY IN THE LIMITED BUSINESS (LB) DISTRICT DESIGNATION FROM THE LIMITED BUSINESS (LB) DISTRICT DESIGNATION TO THE AGRICULTURAL CONSERVATION (AC) DIS- TRICT DESIGNATION. PUBLIC NOTICE 1S HEREBY GIVEN that pursuant to Section 265 of the Town Law and requirements Suffolk County, New York, that the Town Board of the Town of Southold wa hold a PUBLIC HEARLNG on the Aforesaid LOCAL LAW at the SOUTHOLD TOWN HALL, 53095 Main Road, Southold, New York at 8:05 a.m., Tuesday, August 15, 2000. The purpose of tho Local Law is to Change the Zoning District Designation of that part of SCTIvi # 1000-059.00-10.00-002.000 which is currently zoneli in the Limited Business (LB) district designation, on the Town Board's Own Motion, from the Limited Business (LB) District Designation to the Agri- cultural Conservation (AC) District Designation. The essossment records llst Anne Hubbard as the Owner of the property. The Property is located on the south side of Route 48 west of Tuckers Lane. The Property contains approximately 8 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 SCFM # 1000-059.00- 10.0~.002.000 THAT IS CUR- RENTLY IN THE LIMITED BUSINESS (LB) DISTRICT DES- IGNATION FROM THE LIMITED BUSINESS (LB) DIS- TRICT DESIGNATION TO THE AGRICULTURAL CONSERVATION (AC) DIS- TRICT DESIGNATION. Copies of this Local Law are avail- able in the Office of the Town Clerk to any interested persons during reg- usnr business hoers. Any persons desiring to be heard on the proposed amendment should appear, and has the tight to appe,a~., at the time and pla~e above so speci- fied. Any person also has ~he tight to Southold Town Clerk either prior to the ,Public Heating 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 1412-1TJy27 STATE OF NEWYORK) )SS: COUNTY OF SUFFOLK) ,'¥O~v~ ~ ~b//'7~ 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 publisjhed in said Newspaper once each week for / weeks successively, commencing on the C~ ry~A 20 of ~'~c~ day Sworn to before me this rincipal Clerk 200o CHRISTINA T. WEBER Notary Public, State of New York Qualified in Suffolk Courtly ~Co~ LEGAL NOTICE * NOTICE OF PUBLIC HEAR- lNG ON A LOCAL LAW TO ~M~4END ~ ZONING MAP OF THE'TOWN OF:SOUTHOLD BY CHANGING THE ZONING DIS- :TRICT DESIGNATION OF THAT PART OF SC'TM ~ I000-059.00- I0.004102.000 THAT I$ CURRENT- LY IN THE LIMITED BUSINESS i(LB) DISTRICT DESIGNATION · FROM THE.LIMITED BUSINESS (LB) DISTRICT DESIGNATION TO THE AGRICULTURAL CONSERVATION (AC) DIS- TRICT DESIGNATION. PUBLIC NOTICE IS HEREBY GIVEN that pursuant to Section 265 'SUffolk County, N~w York, that the ,van hold u PUBLIC HEARING on 'tho Aforesaid LOCAL L~W at tim SOUTHOLD TOWN HALL, $3095 · l~t.~ R0id, South01d, New York at 8.'05 i.m,, Tuesday, August 15, 2000. 'mo pufpesa o! tho Looal taw lo to ' C, hnnje tho ' Zonip8 District Dmt~nntlon ~! that p~'of .qCTM # 1000,059.00-10:00-002.000 which is outTontly ZOned in tho Limited 'Business 0.,13) district designation, on the ToWn Board's OWn Motion, from thc Limited Business (LB) District Designation to the .digri- cultural Conseryntion (AC) District .Designnti6n. The aSsessment records list Anne Hubbard ns the Owner of the preperty. The Property is located on the south side Of Route 48 west of Tuckers Lane. The Property contains approximately 8 ac~es. Th~ Lanai Law is entitled, "A LOCAL LAW TO CHANGE ~ ZONING DISTRICT DESIGNA- TION OF THAT PART OF THE PARCEL OF PROPERTY · KNOWN AS SCTM # 1000-059.00- ,;t0,'00;~0~i000,,:THAT! IS CUR- ~ RENTLY ~IN THE LIMITED BUSINESS (LB) DISTRICT DES- IGNATION FROM THE LIMITED BUSINESS (LB)DIS- TRICT DESIGNATION TO THE AGRICULTURAL CONSERVATION (AC) DIS- TRICT DESIGNATION. . Copies 0f this Local Law are avail- ~ uble in the Offic~ of the Town Clnrk to a~y interested persons during ol~r business hour~. Any persons desiring to be heard on the propore(~ amendment should appear, and has the right to at the time and plae~ above ZO sl~ei- fled. Any person also has the tight to submtt written comments to the Sonthold Town Clerk either prior to the ~Publt¢ Heating or at the Public He~ing. BY ORDER OF THE TOWN 'BOARD OF THE TOWN OF SOUTHOLD, SOUTHOLD, NEW YORK; Dated: July 2!, 2000 Elh:abeth A. Neville 1412-1T'~-'I~[y27 South(fid 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 INO O~ A LOCAL ~W TO ~ ~ ~N~O ~AP O~ ~E ~ OF SOU~OLD BY ~AHGING ~E ZONING DI~ ~!~ ~AT PART OF THE PARCEL OF PROPERTY ~O~ AS S~ ~ P/O ~ 059.~10.~2.~ WHICH IS ~RRE~Y IN THE (LB) LIM- I~D BUSINESS FROM the ~mite6 Busi~s~ {LB) to .the A~uttur~l Co~ervation (AC) . ~LIC N~ IS HEREBY GIVEN thai ~uant to ~tion ~ of the T~n ~w and requi~- ~uthol6, Suffolk County. New ~k, ~ ~ Town ~nrd of the ~ ~ ~o~d ~ ~M n DU~ ~ ~W at the SO--OLD ~ ~ ~ the ~wn B~d~ Own Mo~on from the ~mited B~ (~) to the A~u~l ~ation (AC) Distri~. ~e ~nt ~ St~ ~ m ~ ~r ~ ~ ~ ~fl~ is ~t~ on ~ ~uth ~ ~ ~te ~ west of the inter- ~ of Rout~ 4~ nnd ~ ~ ~w ~s WHICH IS CURRENTLY IN THE (LB} Lira/ted Buslne. ss Distt~ FROM the ~mit~ B~in~ (~B) to thc A~cultural ~nscrvation Copies of this ~al Law arc available in the 0[~ of the Town ~erk to an7 inter.ted ~ons ios mgul~ b~ness bourn. ~y ~n ~sifing lo ~ heard ~ ibc wo~d amend~nt should ~r, and h~ Ibc fight to a~ar, a1 ~he time aud pla~ ~ve so s~- ified. Any ~n aim has the ri~l ~ut~ To~ C~vk eit~r p~ to the p~l~ hear~g or ~ ~e p~lic h~fin~ BY ORDER OF THF TOWN BOARD OF THE TOWN OF SO--OLD, SO--OLD, NEW YORK. Dat~: ~0~ TOWN CL~R~ 193~1~ STATE OF NEW YORK) )SS: COUNTY OF SuF.FOL, K) of Mattituok, county, being duly sworn, says that he/she Principal clerk of THE SUFFOLK TIMES, weetdy newspaper, published at MattRuck, the Town of Southold, County of Suffolk ant State of New York, and that the Notice of whicl the annexed is a printed copy, has been regu lady published in said Newspaper once eac] week for ~ weeks su~ccessivel~ commencing on the c~-% rc~ da of ~ ~'~./y~LF" 19_~ _' . . Principal Clerk Sworn to before me this day of ~ 19ffff_~ 473889 SOUTHOLD 59.-10-2 40535 CR 48 = OWNER & MAILING INFO === DEFRIEST STEVEN 2305 GLEN ROAD SOUTHOLD NY 11971 NYSRPS ASSESSMENT INQUIRY DATE : 09/08/1999 SCHOOL SOUTHOLD SCHOOL ROLL SEC TAXABLE PRCLS 455 DEALER-PROD. TOTAL RES SITE TOTAL COM SITE ACCT NO 08 =MISC .............. ASSESSMENT DATA ........... RS-SS **CURRENT** RES PERCENT 1 LAND 6,300 **TAXABLE** BANK TOTAL 8,100 COUNTY 8,100 **PRIOR** TOWN 8,100 LAND 6,300 SCHOOL 8,100 TOTAL 8,100 ==DIMENSIONS ===1 ....... SALES ACRES 8.00 IBOOK 11663 SALE DATE 02/04/94 SALE PRICE IPAGE 429 PR OWNER DROSKOSKI WILLIAM & ....... TOTAL EXEMPTIONS 0 ............. I== TOTAL SPECIAL DISTRICTS CODE AMOUNT PCT INIT TERM VLG HC OWN CODE UNITS PCT TYPE IFD028 IPK070 IWW020 {SW011 Fl=NEXT PARCEL F2=PARCEL UPDATE F3=NEXT EXEMPT/SPEC 75.10- 03-050 F6=GO TO INVENTORY F9=GO TO XREF INFORMATION ............ == .................... 1 VALUE F4=PREV EXEMPT/SPEC F10=GO TO MENU P~P.T.S.A. /~ " "'~; lleld for Appo~onmen( Aflid~it OR: ' I .......................... 8 RECORD & RETURN TO ....... ( ,~ D ~) ~ ........ ~J Suffolk Conn~ Recording & Endorsement Page This page forms par~ of fl~e attached l~y.~ made by: (Deed, N,lo~gagc, etc.) SUFFOLK COUN'IT. BEINC; ,",NJ ) IN I'ENDI:D bcmg ai!d m ended o b,c thc s imc pre ~ ' c:; con',c cd lo part:, o( i!~c first pan. deed da cci ()c a-~r 2( 1993 and recorded in Ibc OPdc¢ of !he Clerk of F, tH'Iblk Coum) cf ?,}ox cmtx~r .I.