HomeMy WebLinkAboutLL #31 2000THIS IS TO CERT1FIY THAT THE FOLLOWING LOCAL LAW WAS ADOPTED AT TIlE REGULAR
MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 12, 2000:
LOCAL LAW 3l 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) #1000-059.00-04.00-009.000
FROM THE
(B) GENERAL BUSINESS ZONING DISTRICT DESIGNATION TO THE
(RO) RESIDENTIAL OFFICE 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 pai~ems within the To~vn, 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 foltowing overall themes of ([) 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
Thc Town 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 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
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 reconmaends the provision for "a community of residential hamlets that are comprised ora
variety of housing opportunities, commemial, 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 enviroranent of which that base rests, and the unique character and the way of life that def'mes 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 laud pattern that is sensitive to the Ftmited 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 still needs
to be done due to the proxim/ty 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:
1)
2)
3)
4)
s)
6)
7)
8)
9)
10)
11)
12)
13)
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 opportumties 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 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 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 recommendations and comments of our Planning 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# 1000-059.00-04.00-009.000 (andmore fully described herein below) fromthe
(B) GENERAL BUSINESS zoning district designation to the
(RO) RESIDENTIAL OFFICE zoning district designation.
SCTM # 1000-059.00-04.00-009.000
All that certain plot, piece or parcel of land, with the buildings and improvements thereon
erected, situate, at Southold, in the Town of Southold, County of Suffolk and State of
New York, bounded and described as follows:
BEGINNING at a point on the southerly line of Middle Road, 200 feet easterly along said
line fi.om the northeasterly comer of land of Conway Brothers and be'rog the northwesterly
comer of the premises herein described; running thence along said southerly line of Middle
Road, two courses: (1) easterly on a curve to the left having a radius of 8,872 feet, a
distance of 132.42 feet; thence (2) North 54 degrees 25 minutes 40 seconds East, 67.58
feet; thence along other land of Pudge Corp., (Lot 3) South 41 degrees 56 minutes 20
seconds East, 301.86 feet to said land of Conway Brothers; thence along said land, South
54 degrees 25 minutes 40 seconds West, 200 feet; thence along other land of Pudge
Corp., (Lot 1), North 41 degrees 54 minutes 30 seconds West 303.22 feet to the point of
beginning.
BEING AND INTENDED TO BE A PORTION OF PREMISES HI~RETOFORE
CONVEYED TO THE GRANTOR HEREIlq BY DEED DATED MAY 16,
1980, AND RECORDED IN THE OFFICE OF THE CLERK OF THE COUNTY
- OF SUFFOLK IN LIBER 8825 CP 299 ON MAY 20, 1980.
Section 3.
The zomng 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
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 (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 a certain parcel of land lying in the Town
of Southold identified by SCTM # 1000-059.00-04.00-009.000; and
WHEREAS, GEIS which said "no further SEQRA review required" when "Changing the
Zoning Category ora parcel from one industrial zone to another industrial zone, or from one
coinmercial zone to another commercial zone, of from an industrial zone to a commemial zone
shall not require further SEQRA review if:
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 roles and regulations.
Southold Town Clerk
September 12, 2000
NOTICi~ OF PUBLIC HEAR-
ING ON A LOCAL LAW TO
A~ TH~ ZONING MAP OF
THE TOWN OF SOUTHOLD BY
CHANGING THE ZONING DIS-
TRICT DESIGNATION OF $CrM
# 1000-059.00-04.00-009.000 FROM
THE GENERAL BUSINESS (B).
DISTRICT DESIGblATION TO
THE RESIDENTIAL OFFICE
(Re) DISTRI~TF DESIGNATION.
PUBLIC NOTICE IS HEREBY
OIVEN that pbrsuant to Section 265
et the Town Law and requirements
olth¢ Code of the Town of Southold,
Suffolk County, blew York, that the
Town Bo~rd Of the Town of Southold
wig #aM u PI~LIC IIEARING on
~he Arousal L(K:&L LAW st the
SOUTHOLD TOWN HALL, 53095
Main Road, ~outhold, New York at
5:00 p.m., 'I~sd~y, August 29, 2(1~.
Tim purpose of the 'Local Law is to
~ the Zoning District
l)a~lmflon of SCTM # 1000-059.~0-
~l~9.(~0, on the Town Boa~l'~
Ow~ Motion, from the Gene~l
~ (B) District Designation m
I~ ]~lidential Office (Re) Dist~ct
~i~on. Th~ assessment
Retry Corp. m the Ow~e
o~ fl~ ~prop~rty. The Property is
[~m*,~[ On thc south side of Route 48
~[ ~ Hortons Lane. The P£operly
~ apptoximataly 1.4 acres.
TI~ Local Law is entitled, "A
LOCAL La~W TO CHANGE THE
ZONING DISTRICT DES-
IGNATION OF ~ PARCEL OF
PROPERTY KNOWN AS SCTM #
10~30-0 $9.~0-04.00-0~9.000 FROM
THE GENERAL BUSINESS (B)
DISTRIC~ DESIGNATION TO
THE RESIDENTIAL OFFICE
(Re) DISTRICT DESIGNATION.
Copies of this Local Law are avail-
able in the Office of the Town Clerk
to any interested persons during reg-
ular business hours.
Any persons desiring to b~ heard
on the ptopesed amendment should
appear, and has the right to app~a~,
at the time and place above so speci-
fied. Any person also has the right to
submit w~itten 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
STATE OF NEWYORK)
)SS:
COUNTY OF SUFFOLK). ,
~.J~C/.2~ ~. (].)~'[(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 regularly published in said Newspaper once
each week for ~ weeks .~uccessively,
comme~ncing ~on the 1 ~[ +~ day
of ~(, (~ C~' ~'~ 20 ~r) . ,
Principal Clerk
Sworn to b~fore me thi{~
day of I~\~( c~ (.~ ~ [-
20 0(~
LECAL ~O~]cE - --
NOTICE OF PUBLIC HEAR-
ING ON A LO~AL LAW TO
AMEND THE ZONING MAP OF
THE TOWN OF SOUTHOLD BY
CHANGING THE ZONING DIS-
TRICT DESIGNATION OF SCTM
# 1DO0-0~9~0-04.00-009.D00 FROM
THE GENERAL BUSINESS (B)
DISTRICT DESIGNATION TO
THE RESIDENTIAL OFFICE
(RO) DISTRICT DESIGNATION.
PUBLIC 'NOTICE IS HEREBY
GIVEN that pursuant to Section 265
of tho Town Law and requirements
of the Code of the Town of Southold,
Suffolk Couoty, New York, that the
Town Board of the Town of Southold
~ h0kl · PUBLIC HEARING on
the Afeared LOCAL L-~W at thc
SOUTHOLD TOWN HALL, 5309~
Main Ro~d, Southold, New York at
8.O~ a.m., T~esday, August 15, 2000.
The purpo~ of the Local Law is to
Change the Zoning District
Designation of SCTM #
04.~0~09.0~0, on thc Town Board~
Own Motion, from the General
Business (B) District Designation to
the Residentiul Office (RO) Distr/ct
De~i~atioa. The a~se~mcot records
of the property. The Property is
located on thc south side of Route 48
west of Ho~toos Lane. The Property
contains ~pproximteely 1.4 ac~es.
The Local Law is entltied, "A
LOCAL LAW TO CHANGE THE
ZONING DISTRICT DESIGNA-
TION OF THF. PARCEL OF
PROPERTY KNOWN AS SCTM #
1000-059.00-04.00-00~.000 FROM
TH~ GENERAL BUSINESS (B)
DISTRICT DESIGNATION TO
THE RESIDENTIAL OFFICE
(RO) DISTRICT DES~[GNATION.
Copies of this Local Law are avali-
able in the Off~e~ of the Town Clerk
to any inter~sted persous dusing reg-
ular business houss.
Any persons desiring to bc heard
on the proposed amendment should
~ppear, and IMs the r/iht to appem',
at the time and place above so specl-
fied. Any person also bus the right to
submit written comments, to the
Southold Town Clerk e/ther prior to
the Public Hear/ag or at the Public
BY ORDER OF THE TOWN
BOARD OF THE TOWN OF
sOUTHOLD, sOUTHOLD, NEW
YORK.
Dated: July 21,
Elizabeth A. Ne~'ille
Sonthold Towo Clerk
STATE OF NEW YORK) ~'~ - ~ - ~
)SS:
OF F?, 9,L,K)
~ ~2211/.~ of Ma~ituck, in said
count, being duly sworn, says that he/she is Princi~l
clerk of THE SUFFOLK TIMES, a w~kly newest,
published at Maffltuck, in the Town of Southold,
Coun~ of Suffolk and State of N~York, and that the
Notice of which the annexed is a prJnt~ ~py, has
been regularly pushed Jn said Newspaper once
each week for ~eks successively,
com~n.cing on the ~ ~ ~A day
of 2o . ,
~ Principal Clerk
Sworn to be.y~ ~
day of 20~
CHRtSTtNAT.~BER
No. 01WE~
-~ ',, -;~ LEGAL NOTICE
~- HOTIC~ OF ln, JBLIC,I'IEAR~
~IN'(!.,I)N~ A LOCAJ,.-14kV/ TO
~ AIvlEND 3TIE ZONINO ~ OF;
?{ TH]~ TOWN OF SOUTHOLD
i CHANG1NO THE ZONINO DIS-
TRICI' DESIGNATION OF SC'~M
~ · 1000~5!.004)4.00-009.000; FROM
~TI-I~. GENERAL BUSINESS. (B)
DISTRICr DESIGNATION TO
T'rl~': RESIDENTIAL_ OFI~CE!'~
' (RO)'DISTRICT DESIGNATIONS:?
~ PU~UC so'r~c~ ~s
: GIVEN that pursuant ~o Section 265L:
~ tile Town Law and requirements ~
of the C~de of the Town of $oUthold,
Suffolk County, New Yorlq ihat
Town Board of thc T0wn 0f Soutliol_d~
~11 kold · PUBLIC HEARING
· ~m~AfotessMLOCAL I~AW it tho"
~ SOUTHOLD TOWN HALI~ 5'~095:;,.
Main Road, Southold, New York'at
8.~ a.~m.,Tue~day; August 15, 20(]0.':
~ C~i~e:j ;!th~ ~ Zoning3 ~ l~st riet~.~
; ~isnation or scm #
~'O~llOql09.00~ on-the Town B~rd~i
;tho R~tdeotial Office (RO) Districf
This is a copy of the Public Hearing Notice as it
appeared in the July 27, 2000 edition of the
Suffolk Times. PhotoCopied by L~d~ Soha
weSti6fHort0nS i
: ~omams approxtmatelI
i- ~ON~-O~ T~m
:i~ BY.Off. DER OF THE TOWN
BOARD OF THE TOWN OF
SOUTHOLD, S0UTHOLD, NEW
Dated: July 21, 2000
~ , Ellz~beth A. Neville
~ .. Southold Town Clerk
NYSRPS ASSESSMENT
~73889 SOUTHOLD
59. -4-9
43560 CR 48
= OWNER & MAILING
JIMBO REALTY CORP
50800 MAIN ROAD
PO BOX 1465
SOUTHOLD NY 11971
INQUIRY
SCHOOL SOUTHOLD SCHOOI
PRCLS 330 VACANT COMM
INFO .... MISC
RS-SS
1
BANK
09/08/1999
DATE :
ROLL SEC TAXABLE
TOTAL RES SITE
TOTAL COM SITE
ACCT NO 08
I .............. ASSESSMENT DATA ...........
I **CURRENT** RES PERCENT
ILAND 2,100 **TAXABLE**
ITOTAL 2,100 COUNTY 2,100
**PRIOR** TOWN 2,100
ILAND 2,100 SCHOOL 2,100
ITOTAL 2,100
==DIMENSIONS
ACRES 1.38 IBOOK
IPAGE
....... TOTAL EXEMPTIONS
CODE AMOUNT PCT INIT TERM VLG HC OWN CODE
Fi=NEXT PARCEL
75.10- 03-050
===1 ....... SALES INFORMATION ..................................
SALE DATE 00/00/00
PR OWNER
0 ............. I== TOTAL SPECIAL DISTRICTS
PCT TYPE
UNITS
IFD028
IPK070
I W-W020
ISW011
F2=PARCEL UPDATE F3=NEXT EXEMPT/SPEC
F6=GO TO INVENTORY Fg=GO TO XREF
VALUE
F4=PREV EXEMPT/SPEC
F10=GO TO MENU
DIST.
t000
SEC.
~CQNSULT YOUR LAWYEK IEFC)RE SIGNING THIS INSTRUMENT--THIS INS'~KUMENT SHOULD BE USED BY LAWYERS ONLY.
~ LI~DE, I~, made the
BF..TW~CN PUDGE CORP. ,
PLACE OF BUSINESS AT 50800 MAIN ROAD,
1STay of NOVEMBER,n{ncteenhnndred and EIGHTY-FOUR,
A DOMESTIC CORPORATION, HAVING ITS PRINCIPAL
SOUTHOLD, NEW YORK,
partyo£thefirstpatt, and JIMB0 REALTY CORP., A DOMESTIC CORPORATION,
HAVING ITS PRINCIPAL PLACE OF BUSINESS AT 50800 MAIN ROAD,
SOUTHOLD, NEW YORK,
DISTRICT ' BLOCK I. OT
8 12 I1 gl '~e
~rty of ~e ~ond ~,
~1'1-~1~ ~t the ~y of the first ~rt, in consideration of T~ENTY THOUSAND AND
($20~000.00)
00/100
dollars,
lawful money of the United States,
paid
by the party of the second part, does hereby grant and release unto the party of the second part, their heirs or
successors and assigns of the party of the second part forever,
i~IJ. that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate,
lying and being:i cyrix at Southold, in the Town of Southold, County of
Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point on the southerly line of Middle Road, 200
feet easterly along said line from the northeasterly corner
of land of Conway Brothers and being the northwesterly corner
of the premises herein described; running thence along said
southerly line of Middle Road, two courses: (1) easterly on a
curve to the left having a radius of 8,872 feet, a distance of
132.q2 feet; thence (2) North 54 degrees 25 minutes 40 seconds
East, $7.58 feet; thence along other land of Pudge Corp., (Lot 3)
South ql degrees 56 minutes 20 seconds East, 301.86 feet to said
land of Conway Brothers; thence along said land, South 54 degrees
55 minutes 40 seconds West, 200 feet; thence along other land of
Pudge Corp., (Lot 1), North 41 degrees 54 minutes 30 seconds West
303.22 feet to the point of beginning.
BEING AND INTENDED TO BE A PORTION OF PREMISES HERETOFORE CONVEYED
TO THE GRANTOR HEREIN BY DEED DATED MAY 16, 1980, AND RECORDED
IN THE OFFICE OF THE CLERK OF THE COUNTY OF SUFFOLK IN LIBER 8825 CP
299 ON MAY 20, 1980.
THIS CONVEYANCE IS MADE IN THE REGULAR COURSE OF BUSINESS
ACTUALLY CONDUCTED BY THE CORPORATE GRANTOR HEREIN.
Z6184
v, , "'"W£
t IAR 0 6 1985