HomeMy WebLinkAboutLL # 47 1999ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF \~T-~J- ST.kTISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFOI~IATION OFFICER
Totem Hall, 53095 Main Road
P.O. Box 1179
Southold, Ne~v York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING. LOCAL LAW WAS ADOPTED
BY THE 5OUTHOLD TOWN BOARD AT A SPECIAL MEETING HELD ON
OCTOBER, 19. 1999:
LOCAL LAW NO. 47 OF THE YEAR 1999.
A LOC,M- LAW TO CHANGE THE ZONING DISTPJCT DESIGNATION OF THAT PART
OF THE PARCEL OF PROPERTY KNOWN AS Suffolk Count_, Tax Map
(SCTM) # 1000-059.004)7.004)29.002 WHICH IS CURREIxTrLY IN
Tl~ (LB) LIMITED BUSINESS ZONING DISTRICT FROM
TI4~
(LB] LIMITED BUSINESS ZONING DISTRICT DESIGNATION TO THE
(.a, CI ~.GRICU[.TURAL CONSERVATION ZONING DISTRICT DESIGN,\TION.
BE IT ENACTED BY 'FILE 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 i~ 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 (1) Pmservafian of Fatnnland 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 ~,rong economy and which encourage and preserve the existing high quality of
life~ a~ more ilpecffieall~ I~t forth hea~ below:.
1. Preservation of lrazmland and Agriculture
Patlldnnd ~ a valuable and ~y*mmlc industzy in the Town of SoutholcL The ~
farmlands are not only highly cherished for theft' economic: value, but for the sce~c vistas th~ prmrid~.
The open space and scenery created by [~uufland addltioually contzibutes 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, clca~ air and water, as. well as for its alii'action to touris~ and recrcalion..seekcrs. The
Town has attracted many second homeowners because of its "natural resources, abundance of
open space, farms, picturesque villages, and the ever-present waterfront" (lvlastcr Plan Update,
1985). Due to this open space, thc Town has a tremendous development potential Bleak pictures
have be~t t~imed in a £~"w do,umbra, wa~ of stfip-tT~ d~"velopmcat, suburban sprawl and
3. Preservation of thc Rural, Cultural, Commercial and Historical Character of the
Hamlets and Surrou riding Areas
The Town of Southold is renowned for its nual, cultural, commercial and ldstorio
character. This unique character is recognized in all of Ute documents reviewed. Based on the input of
Town residents, the Final Report and Recommendations slates that the two most prevalent and key issues
are keeping gro',~ih iii rite existing hamlet centers and preserving the enkancmg the surrounding rural areas.
Additionally, the Master Plan Update recommends the provision for "a commmm3' of residential hamlets
flint are comprised of a 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, manne
commercial and seasonal recreation activities)."
Preservation of the Natural Environment
Accommodating "growth and change vnthin the Town without destroying its ~raditional
economic base, the natural envirenment of xvlfich that base rests, and the unique character
and rite way of life that defines the Town" is of utmost importance" (Ground Watershed
Protection and Waler Supply Management Strateg,,) The Master Plan Up&ate
rozotnnlClld5 prcscrv:4{ioll of thc Tow n's natural environment froln wetlands to
~ oodlands and to "aclucve a llmd u.~ pattern ~hat is seixsiuve to thc limitcxl [nddgenou~,
water supply and will not degrade the subsurface water qnalit¥
The outstanding needs enumerated below are the culmination of careful comparison of Lhe intent and
objectives of the town (as staled in past land use plans and studies) and rite currently existing conditions
along the County Route 48 comdor. These needs reflect the past and present vision of the Town and the
work tirol still needs to be done due to the proximity of Count}, Route 48 to the hamlet commercial centers
and to avoid potentially conflicting development strategies for such areas. These outstanding needs we find
exist Ihroughout the Tox~m and are specifically identilied as follows:
1 ) to provide for viable land use development at levels of intensities which are sensitive to subsurface
water qnality and quantity
2) To maintain and strengthen hamlet centers as the focus of commercial, residential, and cultural
3) To preserve the open, agricultural and rural character of areas outside of the hamlet centers;
1) to provide for a yariely of housing opportunities for citizens of different incomes and age levels:
5) to enhance Lhe opportimifies for podeshian-friemlly shopping;
6) to conthmc to thc support of Iht Town's agric~lhLral ~::onomy;
7) to marhni?c Ibc Town's natural assets, including ils c~aslal location and agriofltmal base, by
8) to strcn~gthcnh'tcTown'smarinc-t*c~onalandmaxine-commcrcialactivifies;
9) to encourage the preserva~on ofparldand and public at. ss to thc waterh~nt;
[0) to 8UppOl'[ tourism by [ll~pt~tinin~ ~lld 8tl~ll~h¢Itift~ lite Town's ~ that foster a tourist trade,
namely lmndct ccnler businesses, historic hcrita§c, aroldtccture, a .sense of place, of rural and open
11) to preserve prime famdand; and enoourage tile diversification of agriculture;
17_) to pm the lfistodc,, cultural, arohiteauml and arolmcologinal resources of the Town;
i3) to ensure visual quality of hamlet c~ntem;
14) to encot}m§e appropriate land uses both inside and out of hamlet ochers;
15) to promote balanced economy and lax base;
16) to preserve the integrity of the Town's vegetative habilats, including fieshwater wetlands and
woodlands.
Section 2. ~nactment
SCTM # [ 000 ~ O,~q-00- b7. OO -6 ~q-O~s~ore ~lly descd~ herein ~low. A ~ of SCm~
IO0o-ds~, 0o -07, oo- 0~. oo ~ is c~enflv in
( L~ ) C[~ f F~ '~0~[~ zoningdis~asdesi~t~bytheT~g~pof
/he Town Based u~n tim a forcmenfioned goals ~d identified n~ds of the Town and u~n our
consideration of ~e mcommen~tions ~d comments of our Pla~ing Boar& ~e S~olk Co~B, Piing
Commission_ our planning consultant (CCG) ~d ~c public commenl ~en at fl~e public h~ng and
(~) t f~ fT~ ~ OS f M ESS zomng died desi~ation from Se
( L6 ) ~ ~ I T ~ 8 U3/M ~% zo~ng di~ct d~i~ation to ~e
(~C)~[CUCT~&-~O~A~/O~ zo~ng di~ct desi~ation
SCTM # 1000-059.00-07.00-~29.002
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon
erected, situate, lying and being in the at Southold, in the Town of Southold, County of Suffolk
and State of New York;
BEGINNING at a point on the northwesterly side of Middle Road (County Road #27 (which
point of beginrfing is 536.14 feet, more or less southerly from the intersection of the northwesterlv
side of Middle Road (Couttty Road #27) and the southwesterly side of Kermy's
Road, said poim of beginning being also the intersection of the southerly c, otner of land now or
formerly of Gol&ich, with the northwesterly side of Middle Road, fi-om said point of begiiming
tanning thence along the northwesterly side of Middle Road (County_ Road #27) south 33
degrees; l minutes 40 seconds west a distance of I00 t'eet r,3 land now or formedv of Charne~vs.
distances;
(I) north 41 degrees 51 minutes west 200 feet to a point; tbence
(2) south 48 degrees 09 minute~ west 218.38 feet to land now or formerly of Aliano;
RUNNING THENCE along said land now or formerly o£Aliano, north 41 degrees 51 minutes
west 570 feet to a point and other lands of the grantors herein;
RUNNING THENCE llorth 48 degrees 0I minutes 10 seconds east 316.83 feet to land now or
formerly of Goldrich;
RUNNING THENCE along land now or formerly of Goldrich south 41 degrees 43 minutes 10
seconds east 745-49 feet to the point or place of BEGINNING
Kno~ as Lot No. 4 on a certain minor subdivision plat made for Robert T. Bayley as
amended September 8, 1976 by Roderick Van Tuyl, P.C. Surveyors, and approved by the
Southold Town Planning Board on September 20th, 1976
Section 3.
The zoning map as adopled by seclion 100-21 of the Town Code of the Town of Southold is
hereby amended to reflect the within change of zoning district designarion for said parcel.
Section 4.
THIS LOCAL LAW SHALL TAKE EI~ECT IMMEDIATELY UPON FILING WITH THE
SECRETARY OF STATE
ELIZABETH A. NEVILLE
$OUTHOLD TOWN cLERK
OCTOBER 19. 1999
Local Law Fth..g
YORK STATE DEPARTMENT OF STATE
41 STAT~$TREET, ALBANy, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text o[ law should be given as amended. Do not include matter being eliminated and do not use
italic~ or underlining to indicate new matter.
~1~ or ................. ~ ..... : ...... _S..o_ .u. _t b.oJ .d_ ..............................................
Town
LOCAL LAW NO. 47 OF THE 3~EAR 1999.
A LOCAL LAW TO CHANGE THE~ ZONING DISTRICT DESIGNATION OF THAT PART
OF THE PARCEl. OF PROPERTY KNOWN AS Suffolk Cotmty Tax Map
(SCTM) # 1000-059.00-07.00-029.002 WHICH IS CURRENTLY IN
TH~ (LB) LIIvlITED BUSINESS ZONING DISTRICT FROM
THE
(LB) LIMITED BUSINESS ZONING DISTRICT DESIGNATION TO THE
(AC) AGRICULTURAL CONSERVATION ZONING DISTRICT DESIGN_Al'ION.
BE IT ENACTED BY THE TOWN BOARD OF THI~ TOWN OF SOIJ~I-IOLD AS FOLLOWS:
Please see attached.
(If addltloual spac~ Is' needed, aH=ach pages the same size ns tads sh~.t~ and number each.)
LOCAL LAW NO. 47 OF THE YEAR 1999.
A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THAT PART
OF THE PARCEL OF PROPERTY KNOWN AS Suffolk Comtty Tax
(SCTM) # 1000-059.00-07.00-029.002 WHICH IS CURi~;NTLY IN
THE (LB) LIMITED BUSINESS ZONING DISTRICT FROM
THE
(LB) LIMITED BUSINESS ZONING DISTRICT DESIGNATION TO TIlE
(AC) AGRICULTUR3~E CONSERVATION ZONING DISTRICT DESIGNATION.
BE IT ENACTED BY '][HE TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS:
Section 1. Legislative hiteot
Consistent with our comprehensive laud use plan and our es/ablished objectives and goals as
reflected by the existing zoning patterns ~Sthio the Town, and based upon our current Count)- 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 rex~ise 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 (1) 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 set forth herein below:
1. Preservation of Farmland and Agriculture
Farmland is a valuable and d}mamie 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 crmted by farmland additionally contributes to the quality of life of the
residents, while promoting tourism and recreafioi~
2. Preservation of Open and Recreational Space
The Town of Southold relies heax,/ly upon its scenic beauty and open landscapes for
recreation, clean air and water, as well as for its amaclion to tourists and recrealion-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' (Ma.qer Plan Update,
1985). Due to th/s open space, the Town has a tremendous development potential. Bleak pi~m-es
have been painted ia a few documents, wanting of strip-type development, subud0an sprawl and
water supply issues. Thc prcscrvation of open and recreational space is not only aesthetic, but also
a neceasity for the preseut and futura needs of the Towu.
ELIZABETH A. NEV~,I,E
TOWN CLERK
REGISTRAR OF VITteL ST.tT[STICS
I~LLRRIAGE OFFICER
RECORDS MANAGE~IENT OFFICER
FREEDOi~I OF INFORi~LkTION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765~6145
Telephone (516) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTYIOLD
THIS IS TO CERTIFY THAT THE
ADOPTED AT A REGULAR MEETING OF
HELD ON SEPTEMBER 28. 1999:
FOLLOWING RESOLUTION WAS
THE $OUTHOLD TOWN BOARD
WHEREAS the Town Board of the Town of Southold is considering a change in the
zoning designation fi:om (LB) Light Business District to (AC) Agricultural ConserVation
District of certain parcels of land lying in the Town of Southold identified by SCTM#
1000z059.00-10.00-04.000; SCTM# 1000-059.00-10.00-05.000; SCTM# 1000-059.00-
07.00-30.000; SCTM# 1000~059.00-07.00-31.004; SCTM~ 1000-059.00-07.00-32.000;
and part of certain parcels identified by SCTM# 1000-059.00-10.00-02.000; SCTM#
1000-059_00-10_00-03.001; SCTM~ 1000-059_00-07.00-29.002; SCTM# 1000-059_00-
07.00-30.000; SCTM# 1000-059.00-09.00-30.004;
RESOLVED by the Town Board of the Town of Southold that for the above actions there
is no other involved agency pursuant to SEQRA Rules and Regulations set forth in 6
NYCRR 617 1 et. seq. and Chapter 44 of the Southold Town Code; be it further
RESOLVED by the Town Board of the Town of Southold that for the above actions the
Town Board is Lead Agency pursuant to SEQRA Rules and Regulations set forth in 6
NYCRR 617.1 et. seq. and Chapter 44 of the Southold Town Code; be it further
RESOLVED by the Town Board of the Town of Southold that these actions each are an
Unlisted Action pursuant to SEQKA Rules and Regulations set forth in 6 NYCRR 617.1
et. seq and Chapter 44 of the Southold Town Code.
Southold Town Clerk
September 28. 1999
' LEGAL NOTICE
NOTICE OF PUBLIC HEAE-
lNG ON A LOCAL LAW TO
AMEND THE zONIN6 ~P OF
CHANG~G ~ Z~NING Di~-
0~L~).uT0,J.I.~29.(~)2 FROM
I.~maed Bo~me~ ILB~ Io
~;= "po~ of thc L~I ~w ~ lo Ch~n~e
L~m,ted Bb~m~s~ (LBI
Di;tr,cl on Ih¢ rm~ n 8o3{d, Own
Mouon. ~om ibc Limned
{LB) Zomn~ Dl~mct [o ,~e
A~r~culfural Con~ersallOn I
Al~e$ & 3glief Fr0della a~ Ihe
tS located on the norlB ~,de o[ Route
45 Ke~t of the tnl~rSeellon Gl Route
~ an0 Kenne}'~ Road tcro<~ dreeL).
Yhe prope[l) contains
I3 a 55 acre~
~)C~ LA~ TO AMEND THE
ZONING MAP OF THE TO~'N
OF $OU~OLD BY CHANGING
1HE ZONING DISTRICT OF
THAT PART OF [HE PARCEL
OF PROPERTY k~O~'N
IN THE LIMITED BL'SI~E~
ILBI ZONING DISTRICT FROM
A~cultural Con~allon IACI
, DI6IHC[ Des,gn.uon."
Copge~ of [hl~ Local L.~ Jre
available m thc O~ice of Ihe To~n
¢Je~k lo ~n} Ifllere%ted pe~on~ dot.
tag regular business hour~.
' . Any person des~iflg Lo be heard
on the ~To~ amendment
'appear, and has the right to ap~ar,
;: i at th~ time arid pl~~ a~w so
'.:ified.:Any p~$on ~o has thc fi~t
. to sub~t written co~ents to
Southolfi ~own Clerk eider prior to
. the.pubfic hearing nr al Ihe p~lrc
%: BY O~ER' OF ~E TOWN
BOA~ OF THE TOWN OF'::
SOU~OLD SOUTHOLD NEX~
..kORK,
:.Dated: 9/14/99
.,' ELIZABE~ A_~EVILLE
STATE OF NEW YORK)
)SS:
COUNTY OF SUF?OL, K)
~-'~ CL/% ~' (~'{Jl 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, Counby of Suffolk and
State of New York, and that the Notice of which
the annexed is a printed copy, has been regu-
laxly published in said Newspaper once each
week for ~ weeks su~ccessively,
commencing on the c.~) cc~ day
.
Principal Clerk
Sworn to before me this ~'~-~7
day of
19 ffq
JVlAR¥ glAt~A FOSIER
h'OTAR¥ PUBLIC, STATE OF NEW YORK
524655242, SUFFOL~ COU~I'Y
gg~l~]SStON LWiRES AUGUST 31, ~
CONSULT YOUR L&WYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY L/kWYERS ONLY.
THIS INDENTURE, made the 23rd day of October ,19 95
BETWEENJOHN PEROTTI and MARY PEROTTI, His wife, both residing
40735 Middle Road, Southold, New York, 11971
DISTRICT
party of the first part. and ,,-,
ALFRED FP, ODELLA, JR. ,
both residing at 189
SECTIC~4 ~OOC LOT
and JULIET FRODEf~i'i His wife,
Gordon Place, Freenport, NY 11520
party of the second part.
WITNESSETH, that the party of the first part. in consideration of TWO HUNDRED NINETEEN THOUSAND
DOLLARS AND 00/100 ($219,000.00) dollars
paid by the party of the second part, does hereby grant and release unto the party of the second pa~, the heirs
or successors and assigns of the party of the second part forever,
Dist:
1000
Sect:
59
Blk:
7
Lot:
29.2
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate,
lying and being in the
at Sou[hold, in [he Town of Sou[ho]d, County of Su~olk and State of
New York;
BEGINNING at a point on [he northwestarl¥ side of Middle Road (County Road #27 (which
point of beginning is 536.14 feet, more or less southerly from [he intersection of the
northwesterly side of Middle Road (County Road #27) and [he southwesterly side of Kermey's
Road, said point of beginning being also the intersection of [he southerly comer of land now or
formerly of Goldrich, with the northwesterly side of Middle Road, from said point of beginning
running thence along the northwesterly side of Middle Road (County Road #27) south 33
degrees 31 minutes 40 seconds west a distance of 100 feet to land now or formerly of
Charnews;
RUNNING TI-~NCE along land now or founerly of Charaews the following two com'ses and
distances;
1. north 41 degrees 51 minutes west 200 feet to a point; thence
2. south 48 degrees 09 minutes west 218.38 feet to land now or formerly of Aliano;
RUNNING THENCE along said land now or formerly of Aliano, north 41 degrees 51 minutes
west 570 feet to a point and other lands of [he grantors herein;
RUNNING THENCE north 48 degrees 01 minutes 10 seconds east 316.83 feet to land now or
formerly of Gold_rich;
RUNNING THENCE along land now or formerly of Goldrich south 4:1 degrees 43 minutes 10
seconds east 745-49 feet to the point or place of BEGINNING.
Known as Lot No. 4 on a certain minor subdivision plat made for Robert T. Bayley as
amended September 8, 1976 by Roderick Van Tuyl, P.C. Surveyors, and approved by [he
Southold Town Planning Board on September 20th, 1976
THE GRANTORS herein being [he same persons as the named Grantees in a certain deed dated
6/20/77 recorded 7/1/77 in Liber 8262 cp 243.
TOGETHER with all right, title and interest if any. ct 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 ~n and to said premises; TO HAVE AND TO HOLD the premises
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 anything whereby
the said premises have been encumbered in any way whatever, except as aforesaid.
AND the party of the first part. in compliance with Section 13, of the Lien Law. covenants that the party of the first
part will receive the consideration for this conveyance and will hold the right to receive such consideration as a
trust fund to be applied first for the purpose of paying the cost of the improvement 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 "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires.
IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written.
RECORDED .0v
JOHN PEROTTI