HomeMy WebLinkAboutLL # 48 1999ELIZABETH A. NEVILLE
TOWN CLERK
REOISTP~R OF VITAL STATISTICS
M_~qRIAGE OFFICEP.
RECORDS I~hkNAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
F~_x (516) 765-1823
Telephone (516) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY
BY THE SOUTHOLD
OCTOBER 19. 1999:
THAT THE FOLLOWING LOCAL LAW WAS ADOPTED
TOWN BOARD AT A SPECIAL MEETING HELD ON
LOCAL LAW NO. 48 OF THE YEAR 1999.
A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THE PARCEL
OF PROPERTY KNOWN AS Suffolk Count_',' ~lax Map (SCTM) # 1000-059.00-03.00-029.000
FROM TIlE
(B'I GENEP,~i. BUSINESS ZONING DISTRICT DESIGNATION TO THE
(LB) LLMITED BUSINESS ZONING DISTRICT DESIGNATION.
BE IT ENACTED BY ~ TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS:
Section 1. Legislative [nleni
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 az 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 az 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; O) Preservation of the Rural, Cultural, Commercial and Histori~ 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 oconomy 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 industry in the Town of Southnld_ Thc ogen
farmlands are not only highly ~ed for their economic value, but for the scenic vistas fl~ provide.
msid*nts, while p~moting tourism and
2. Prcsen, afiou of Open and Recreational Space
The Town of Sanflmld relies heavily upeu ha seeaic beauty and op~ landscap~ for
recreation, clean air and water, as well as for its attiactiun to tomists and tcc~alion-scckers. The
Town has all~_~ aed ..many second.bomenwne~ be~ansu of ils "natural t~r~ur~a, abandaa~ of
open space, f'~s, picturesque ,nllages, and thc ever-preseut waterer' (1~ Plan Update,
1985). Due t6 this open space, rite Town has a tremendou.~*dcvelopment petoutial. Bleak pictm'es
have bean painted in a few document~, warning of st~p-type de~elopmeut, suburban spt'awl and
water supply issues. The presorvafiun of open and reereationaI space is not only aesthetic, but also
a necessity for the present and thtore needs of the Town.
3. Preservation of the Rural, Cultural, Commercial a~d Historical Character of the
are keeping growth in the e~sting hamlet centem and preserving the enhancing the surrounding rural areas.
Additionally, the Master Plan Update recommends the provision for "a community of msideatial hamlets
that.are comprised ora variety of housiag opperttmitias, commercial, service and eahxaal activi6es, set in
an open or rural atmosphere and supported by a diversified economic base (inehiding agriculture, mahne
commercial and seasonal recreation aclivities)."
Preservation of the Natural Environment
Accommodating "grovAh and change ~n~thin the Town without destroying its traditional
economic base, the natural envu-onmeut 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 Stratos,) The Master Plan Update
recormnends preservation of the Town's natural environment from wetlands to
woodlands and to "achi~,e a land use pattern that is sensitive to the limited indigenous
water supply and will not degrade the subsurface water quality.
Thc outstanding needs ellui/lcrated bolo,.; arc thc culmin,qtion of careful comparison ol tile intenl and
objectives of the toxvn (as sm. teal in past land use plans and studies) and the current[> existing conditions
along the Count'3' 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 proximi _ty-of Counb, 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:
I) to provide for viable land use development at levels of intensities which a~e sensitive to subsurface
water quail _ty and quantity
2) To mainlsin and strengthen hamlet centers as the focus of commercial, residemial, and cultural
activity;
3) To presetwe the open. agricultural and rnral character of areas outside of file hamlet centers;
4) to provide for a variety of housing opportunities for citizens of different incomes and age levels;
5) to enhance the opportunities for pedestrian-friendly shopping:
6) to continue to file support of file Town's agricultural economy;
7) to ma.',dmize the Town's natural assets, including its coastal location and agricultural base, by
balancing commercial residential and recreational ases;
8) to strengnhen the Town's me-recreational and me-commercial activities:
9) to encore'age the preservation of parkland and public access to the waterfront;
10) to support tourism by maintaining and Stmlgthening the Town's assets that foster a tourist trade,
namely hamlet c*,ntor b.niness~, hi,to[lc heffiage, architecture, a sense of place, of rtnal and open
12) to pr~erve the historic, cultural, arnl~teetmal and axahaeologiml m of the Town;
13) to ensu~visualqtmlityofimml~t~mte~;
14) to encourage appropriate land use~ both inside and out of hamlet centers;
15) to promote halanced economy and tax base;
16) to preserve the integrity of the Town's vegetative habilats, 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 Suffotk County Pbnn/ng
Commission. our planning consultant (CC(]) and the public comment taken at the public hearing and
othem'ise. ,ae hereby cb. ange fl',c zoning district designation for the parcel known as
SCTM# [OOO-O.,~.OO-OB.(~K]-O2-°1-OOO (and as more full_',, described
herein below) [rom tlte
SCTM # 1000-059.00-03.00-029.000
All that certain plot, piece or parcel of land, with the buildings and improvements thereon
erected, situate, lying and being at Southold, in the Town of Southold, County of Suffolk and
State of New York being more particularly bounded and described as follow:
BEGINNING at a point on the northerly side of Middle Road at the southeasterly comer of the
land of Jennings and the southwesterly comer of the premises herein described;
rurming thence along the northerly side of Middle Road, North 65 degrees 32 minutes 00 seconds
east a distance of 170 feet;
running thence north 35 degrees 08 minute 20 seconds west a distance of I37.45 feet to an iron
pipe and land now or formerly of Long Island Cauliflower Distributors Inc
minutes 20 seconds west a distance of I70 feet more or leas to Iar~d
running thence along said land of Jermings, South 36 degrees 15 miimtes 20 seconds east a
distance of 121.87 feet to the point or place of beginning.
BEING and intended to be the same premises conveyed by CoastIine
Growers Co-operative Inc. to Samuel Markel and Mary Katherine Markel,
his wife, James Hertsch and Christa Hertsck,' His wife, and Rudolph
Rauco and Rose Rauco, his x*Sfe, by deed dated November 16, I970 and
recorded November 19, 1970 in Liber 6842 cp.294.'
Section 3.
The zoning map as adopted by section 100-2 l of fl~c Town Code of the Town o[ Southold is
hereby amended to reflect the within change of zoning district designation for said parcel.
Section 4.
THIS LOCAL LAW SHALL TAKE Et- vgCT IMMEDIATELY UPON FILING WITH THE
SECRETARY OF STATE
ELIZAI~ETH A. NEVILLE
SOUTIJOLD TOWN CLERK
OCTOBER 19. 1999
Local Law FiI2.g
~'~v. YORK STATE DEPARTMENT OF STATE
"~'" 41STantTE STREET' ALBANY,NY 12231
COse 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 USc
italics or underlining to indic-ate new matter.
lCK~ or .............................. _5. _o. _ _uct. b_o_l_c! ..............................................
Town
LOCAL LAW NO. 48 OF THE x~EAR 1999
A LOCAL LAW TO CH_AN'GE THE ZONING DISTRICT DESIGNATION OF THE PARCEL
OF PROPERTY KNOWN AS Suffolk County Tax Map (SCTIvl) # 1000-059 00-03.00-029.000
FROM THE
(B) GENERAL BUSINESS ZONING DISTRICT DESIGNATION TO THE
(LB) LIMITED BUSINESS ZONING DISTRICT DESIGNATION.
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS:
Please see auached
(I[ additional space IS ueeded, attach pages the same size ns this sheet~ and number each.)
(1)
LOCAL LAW NO 48 OF THE YEAR 1999.
A LOCAL LAW TO CfLaaNGE THE ZONING DISTRICT DESIGNATION OF THE PARCEL
OF PROPERTY KNOWN AS Suffolk Count3.' Tax Map (SCTM) # 1000-059.00-03.00-029.000
FROM THE
(B) GENERAL BUSINESS ZONING DISTRICT DESIGNATION TO ~
/I_,B) LllvlITED BUSINESS ZONING DISTRICT DESIGNATION.
BE IT ENACTED BY THE TOWN BO_,~:~D 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 it is necessar3' and desirable to revise and amend the zoning designation applicable to
the parcel identified herein as well as other lands; thus, we hereby identif) 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 Handets 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 dynamic indusUy 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 croated by farndand additionally contn~outea to the qaality of life of the
residents, while promoting tourism and reereatiol~
2. Preservation of Open and Recreational Space
The Town of Sonthold relies heavily upon its scenic beaut3' and open landscapes for
recreatiom clean ak and water, as well as for ~ts attraction to tourists and recreation-seekers. The
Town has amacted many second homeowners because of its "uamml resources, abundance of
open space, farms, picturesque x411ages, and the ever-preaent waterfront" (Mazter Plan Update,
1985}. Due to this open space, the Town has a tremendous.development pntentml. Bleak ptctures
have been painted in a few documents, wamiag of strip-typo 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
Tho Town of Southold is renowned for its rural, cultural, commercial and historic
character. This unique shammer is reco~ml iTt~I hi all Of the documents t~wicwed. Based on the input of
Town ~Sidenra, the Final Report and Reoonuneadafions s~atea that the two most prevalent and key issues
C~
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTtLkR OF 'vTT)_L STATISTICS
3,LiRRL-kGE OFFICER
RECORDS i'vIAIqAGEi'vIENT OFFICER
FREEDOM OF INFOI:LM-iTION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southald, New York 11971
Fax (516) 765-6145
Telephone (516) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS
ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
HELD ON SEPTEMBER 28. 1999:
WHEREAS the Town Board of the Town of Southold is considering a change in the
zoning designation fi.om (B) Business District to (LB) Limited Business District of
certain parcels of land lying in the Town of Southold identified by SCTM# 1000-059.00-
03.00-29.000; SCTM# 1000-059.00-03.00-30.000;
RESOLVED by the Town Board of the Town of Southold that for the above actions there
is no other involved agency pursuant to SEQKA 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
NYC1LR 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 SEQRA Rules and Regulations set forth in 6 NYCRR 617. l
et. seq. and Chapter 44 of the Southold Town Code.
Elizabeth A. Newlle
Southold Town Clerk
September 28. 1999
LEGAL NOTICE r
'/NOTICE OF PUBLIC HEA~i
. lNG ON A LOCAL LAW:'T~
AMEND THE ZONING MAP OF
THE TOWN OF SOl. ri'HOLD BY
I'.. CHANGING THE ZONING DIS-
:': TRICT OF SCTM #1000-059.00-
; 03.00-029_000 FROM the General
Ii" Business (B) to the Limited Business
i{~ (LBI District.
'" PUBLIC NOTICE IS 'HEREBY
].. GIVEN that Pursuaat to Sectinn 265
;h .-of the Town Law and requirements
l:.~.7, f the C¢-I_e of thc Town of
' LI(~ H[,%RI~G ~Jn the afore,,aid
.' Southcdd, New. York. at ';z:OO p.m.,
i'" t, fo~d~T October .1 19q9 thc Public
' Heal,lng will be conunucd on
', 'l'u,:$dd~, October 5, Iq")9 at -%)0
1,, p m ii the ~,ame location The put.
po',e of the Local L.',u, is In C'han~gc
thc Zoning Dl~,irlct o{ ~C1'~1 #
059.00-03.OO-02q.000 ,:,n Ibc rou. d
BoarG'¢, o~n Motion irom the
CJenei,aJ Bu,,tne~,~. [J~l to ibc Li11utcd
Bu_qne~ (LB} Dl~,ti,lCt. rh,:
;,,, meitt i,ecord hq:, }oho and
,,' Callahan as Ihe o,,,,nmr o{ th~ propel,-
l: ~ The property ,~. located on
not,th ~,idc ol Route 4g u,c_q of th.-'
inLcr~¢ction ol Route .1~, find Horton
L/ne f c£o~s
LOCAL LAU, TO AMEND THE
:',ZONING MAP OF t-HF TOU,'N
IOF e~OLtTHOLD BY £ I-I ~.NGING
THE ZONING DiSFRiCT OF
FRC M the General Bu~.,ne~e (Bi lO
*:!*' the Limited .Business (LB) District
t~ :: Designation2'
~i~, Copins 6f this' Local Law arc
ii fivailab[e, in the Office .of the Towd
~!: Clcrk'to any'interested persons dur-
.... .~":' lng regular business houys~ . · ·
: L-' Any person desiring to't~c hefifd
~I on the'proposed arr, cndment :hou!d
-~, appear and has the riehl to appel.
:r · at the time and place aDo%'e so ~pcc.
'.i:' flied. Any person also has the right
i?.' to.submit written comments.to the
b'~-OI~D£R OF ~E'TOWN
Bi',~AO OF [HE IoWN'OF
ELIZABETH A. NEVII~LE
~'~!:.* : SOUTHOLD TOWN CLERK
?_, 1960-1TS93 - '
Sworn to before me this
day of ~_~.
STATE OF NEW YORK)
)SS:
COjjNTY OF SUE, FOLK)
\],C03q ~ lJ~J Ii {i ,5 of Mattituck, m 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 regu-
larly published in said Newspaper once each
week for / weeks s~uccessively,
commencing on the ~]~, c~ day
of h .
\'
d Principal Clerk
NOTARY PUBLIC, STATE OF NEW YORI~
NO. 52-4555242, SUFFOLt[ COUf~TY
COM~¥'~ISSION ~PIRES AUGUST 3]., ~
INDEITrURF~ made thc /~ day of November , nineteen buadrcd and ninety-four
SAMUEL MARKEL and MARY KATHERINE MAR~EL,: his wife,
residing at 406 Willet Avenue, 'Naples, Florida 33963
DISTRICT 5E~ION ~tOCK tOT'
O 12 17 21
~rlyo[~hefirst~rLand JOHN J. CALLAHAN and JOAN D. CALLAHAN, his wife,
residing at 125 Lighthouse Road, Southold, N. Y.
11971
DIST.
1000
SECT.
059,00
BLOCK
03.00
LOT
029.000
l~ny o! th~ ~ ~
WlTNF_.~t,. I i~ that the ~ of the first
~d by t~ ~ty of-~e ~nd ~n, ~ her~y
]yi~d~at 5ou2ho15, in 2h~ To~n of Sou~hold, County of Suffol~
and Stats of N~, York being more particaiarly bounded and described
as follow:
BEGINNING at a point on the northerly side of Middle Road at the
southeasterly-corner of the land of Jennings and the southwesterly
corner of the premises herein described; running thence along the
northerly side of Middle Road, North 65 degrees 32 minutes 00 seconds
east a distance of 170 feet; running thence north 35 degrees 08 minute
'20 seconds west a distance .of 137.45 feet to' an iron pipe and land now
or formerly of Long Island Cauliflower Distributors Inc.; running
thence along said land of Long Island Cauliflower Distributors Inc.,
south 60 degrees 14 minutes 20 seconds west a distance of 170 feet
more or less to land of Jennings; running thence along said land of
Jennings, South 36 degrees 15 minutes 20 seconds east a distance of
121.87 feet to the point or place of beginning.
BEING and intended to be the same premises conveyed ~y Coastline
Growers Co-operative Inc. to Samuel M~kel_a_rk~_%~l_!Ly_~D.r_illt
his wife,James Hertsch and Christs Hertsch, His wife, and Rudolph
Rauco and Rose Rauco,his wife, by deed dated November 16, 1970 and
~w-N~m~-~, 1970 in Liber 6842
SUBJECT TO a purchase money mortgage in the amount of $150,000.00
which mortgage was executed and delivered by the party Of the second
part to the party of the first part as security for a portion of the
purchase price and which said mortgage is intended to be recorded
simultaneously herewith.
SUBJECT TO existin~ tenancies.
T~ETHER with ali right, title and interest, ii any, o[ r%e party of the first par~ in an~ ro any stre~s and
roads ~butting the a~ve described premises to the ~entzr li~s there[; TOGETHER wit~
and all th~ es~te and rights o[ thc ~rty o[ the hrst ~ in and to ~id premises; TO HAVE AND TO
HOLD the premises herein granted unto the ~rty ol ~e second ~t:, the heir~ or succ~s~rs and
Ihe ~ ~ ~e s~ond ~rt forever.
AND the party of the first part covenants that the party, o~ the first part Imm.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 Sect{on 13 o{ 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 consid-
eration as a trust fund to be applied first, for the purpose of paying the cost of the improvement and wiB apply
lhe same first to the payment of the cost of the improvement before using any part of the total o[ the sa.me [or
any other 1)urpose.
The word "party" shall be construed as if it read "parlies' whenever the sense oi this indenture so requires.
IN WITN~'~-~ WHF.,RF.,OF, the party oi the firat part has duly executed this deed the day and year 5rst alive
wr/tten.
Samuel Markel
Mary Katherine M_a-r~el,__
:.~ ","~,,'~-~,-,~-.~..t, ..... EDWARD P. ROMAINE ;:' ~- ' -,-' ' '
NOV c~n