HomeMy WebLinkAboutLL # 49 1999ELIZABETH A. NEVH
TOWN CLERK
REGISTP,~.R OF VITAL STATISTICS
MARRIAGE OFFICER
RECOP~DS I~LANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Totem Hall, 53095 Main Road
P.O- Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
OFFICE OF Tt'I~ TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING LOCAL LAW WAS ADOPTED
BY THE SOUTHOLD TOWN BOARD AT A SPECIAL MEETING HELD ON
OCTOBER 19. 1099:
LOCAL LAW NO. 49 OF THE YEAR 1999.
A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THE PARCEL
OF PROPERTY KNOWN AS Suffolk Count3_' Tax Map (SCTM) # 1000-059.00-03.00-030.000
FROM THE
I'B) GENEK~_L BUSINESS ZONING DISTRICT DESIGNATION TO THE
(LB) LIMITED BUSINESS ZONING DISTRICT DESIGNATION.
BE IT ENACTED BY THE 5-OWN BOARD OF THE TOWN OF SOUTHOLD AS FOL[~OWS:
Section l 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 studic~ and plans developed heretofore, we hereby
detennlne that it is necessary and desirable to revise and amend the zoning designation applicable to
the parcel identified herein as well as other lauds; thus, we hereby identify and adopt the following
overall themes of (l) 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 exi~ing high quality of
life, as more specifically s~ forth herein below:
1. Preservation of Farmland and Agriculture
Fannlnnd is a valuable and dynamic industzy in the Town of Southold. The open
2. PreseTvation of Open and RecreafiOual Space
' The Town of Southold toiles heavily upen it~ scenic beanty and open landscapes for
recreation, dean air and wat~, as well as for its iilraction to tourists and recroafion~ The
Town has allractcd many scared homeowners because of its "natural rosouwes, atamdanoe of
open space, farms, pictun~lue villagc~, and the ever-present wate~nt' (Master Plan Update, .
1985). Due to this open space, the Town has a Ircmendous development potential. Bleak pictures
have ~n l~imed in a few'documen~ warning of strip-type development, subuCoan sprawl and
water supply issues. The t~esen, a0oa of open and recreational space is not only aesthetic, but also
a necessity for ihe present and future needs of ate Town.
Pre~rv&fion of the Rural, Cul~r~l, Commerci~ a~d Historical Character of the
are keeping growth in rite existing hamlet centers and prese~ing the enhancing the surrounding rural areas.
Additionally, the Master Plan Update recommends the provision for "a co ~mmunity of residential hamlets
that are comprised of a variety of housing opporttmltics, commercial, service and cultural activities, set in
an open or nn'al atmosphere and supperted by a diversified economic base Oncludtng agriculture, marine
commercial and geasonal recreation activities)."
Preservation of the Natural Environment
Accommodating "growth and change within the Town without destroying its waditional
economic base, the natural enviromnem of which tha~ base rests, and the unique character
and the way of life that defines the Town" is of utmost impostance~ (Ground Watershed
Protection and Water Supply Management Strategy_). The Master Plan Update
recommends preservation of the Town's natmal environment from wetlands to
woodlands and to "achieve a land use pattern that is sensiti',,e to the limited indigenous
water supply and 'Mil not degrade the subsurface water quality.
Thc outstanding needs enumerated bclox: are die culmination of carcfnl colnpan~on of the intent and
objectives of the town (as stated in past land use plans and studies) and the currently existing condifioas
along the County Route 48 comdor. These needs reflect the past and pmsem vision of the Town 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:
1) to provide for viable land use development at levels of intensities which are sensitive to subsurface
water quality and quantity
2) To maintain and strengthen hamlet centers as the focus of commercial, residential, and cultural
activiB';
3) To preservetheopen~agriculturalandmralchamcterofareasoutsideofthehamletcenters;
4) to provide for a variety of housing opportunities for citizens of different incomes and age levels:
5) to enhance the opportunities for pedesh-ian-ffiendly shopping:
6) to continue to the support of the Town's agricultural economy;
7 ) to maxSmize the Town's natural as.sets, including its coastal location and agnculm.ral base, by
balancing commercial, residential and recreational uses;
8) to strengthen the Town's marine-recreational and manne-cemmercial activities;
9) to encore'age the preservation of parklam:t and public access to the wateffrom;
10) to support tomismby maintaining and sLrengthening rite Town's assets that foster a tourist Wade,
namely hamlel center businesses, historic Imritage, amhitectme, a sen.se of place, of nanl and open
12) to pn~erve I1~ Ifi~todc, culm~ aw. lfitedmnl and m'cha~logical, resmtrc¢~ of the Town;
13) to casm~vimalqualityofhamletc~ama-s;
14) to encourage appropmte land usaa both inaide and out of hamlet centers;
15) to promote balanced economy and lax base;
16) to preserve the integrity of the Tom's vegetative habitats, including fi'eshwater wetlands and
woodlands.
Section 2. Enactmen~
Therefore. based upon the aforementioned goals and identified needs of/he Town and upon our
consideration of tim recommendations and comments of our Planning Board. the Suffolk Count), plaurUng
Commission~ our planning consultant (CCG) and rite public comment taken at the public hearing and
olbem'ise, we herebv change the zoning district designation for the parcel known as
herein below) from the
, ~, i. ~gM~P,L C-'3I.)5>fk/g~5 zc. ninedN]rictdcsim~atic,,to
,,L¢o, LIbA{T~ ~'D- IO.~g~ .:o~mgd~slncldes~gnat~,-~
SCTM #1000-059.00-03.00-030.000
ALL that certain plot, piece or parcel of lined, with the buildings and improvements
thereon erected situate, lying and being in the
"SEE ATTACHED SCHEDULE A"
Section 3.
Thc zoning map as adopted by section 100-21 of thc Town Code of the Town of Southold is
hereb_v amended to reflect the x~itldn change of zoning district designation for said' parcel.
Section 4.
THIS LOCAL LAW SHALL TAKE EkP~CT [MlvIEDIATELY UPON FILING WITH THE
SECRETARY OF STATE.
~IELIZABETH A. NEVILLE
$OUTHOLD TOWN CLERK
OCTOBER 19. 1999
Local Law "'
YORK STATI~ DEPAIt.TMENT OF STATE
41 STATE STREE'~ ALBANy, Ny 12231
(Use this form to file a Iocui law wllh the Secrelary
Text of law should he giveu as amended. Do not include matter being eliminated and do not Use
italics or underlining to indicate new matter.
I~1~ of .............................. .S_ _o..u_ .t_h_ .o_ l .d_ ..............................................
Town
~x
LOCAL LAW NO. 49 OF THE YEAR 1999.
A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THE PARCEL
OF PROPERTY KNOWN AS Suffolk Cotmty Tax Map (SCTM) # 1000-059.00-03.004)30.000
FROM
(B) GENERAL BUS1N"ESS ZONING DISTRICT DESIGNATION TO THE
(LB) LIIVL[TED BUSI2NESS ZONENG DISTRICT DESIGNATION·
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS:
Please see attached,
(If additional spnc~ Is needed, attach page~ 0ne same size as this sheet, and number each.)
LOCAL LAW NO. 49 OF THE 'tEAR 1999:
A LOCAL LAW TO CHANGE rGtB ZONING DISTRICT DESIGNATION OF THE PARCEL
OF PROPERTY KNOWN AS Suffolk Count5_' Tax Map (SCTM) # 1000-059.00-03.00-030.000
FROM THE
(B) GENERAL BUSINESS ZONING DISrl~dCT DESIGNATION TO THB
(LB) LIM1TED BUSINESS ZONING DISTRICT DESIGNATION.
BE IT ENACTED BY THE TOWIq 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 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 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 Charnoter 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
Famtland ia a valuable and dynamic induslry in the Town of Sottthold. The open
· farmlands are not only highly chefi~ed for theft economic value, but for the scenic vista~ they grovide.
The open space and scenery created by famfland additionally contributes to the quality of life of the
residents, while promoting tom and rccreatiom
2. Preservation of Open and Recreational Space
The Town of gouthold relies heavily upon its scenic beauty and open landscapes for
recreation~ clean ak and water, as well as for its :ittraction to tourists and recreation-seekem. The
Town has aaractod many second homcevmers because of its "uatuml resources, abundance of
open space, farms, picturesque villages, and the ever-present waterfront" (Master Plaa Update,
1985). Due to this open space, the Town has a tremendous development pe/enfinl. Bleakpictores
have been paimed in a few documents, warning of strip-type dcvelopmen~ 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.
Preservation of the Rural, Cultural, Commercial and Historical Character of the
Hamlets and Surrounding Areas
The Town of,~thnld is nmowned for its rural cnltural, co~ and historic
character. This unique character is recoil,ed in aUof thc documeats reviewed. Based on the input of
Town: resident, the Fhinl R~port and Recommendat{ous slates that the tx~o most prevalimt and'kt~j issues
ELIZABETH A. NEVILLE
TOWN CLEI~K
REGISTRAR OF VITAL STATISTICS
R~q RL~GE OFFICER
RECORDS NIANAGEMENT OFFICER
FREEDOI%{ OF IIN~'OEIVL~_TION OFFICER
Town Hail, 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 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 To.aa Board of the Town of Southold is considering a change in the
zoo_ing designation from (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 SEQRA Rules and Regulations set forth in 6
NYCRK 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
NYCRK 617. l 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 Kules and Regulations set forth in 6 NYCRR 617 1
et. seq. and Chapter 44 of the Southold Town Code.
~Elizabeth ~. Neville
Southold Town Clerk
September 28. 1999
' LEGP~L NOTICE
lNG ON A LOCAL LAWS~0!
AMEND THE ZONING
~',,: THE TO~ OF SOUTHOLD BY ·
~ ~: CHANGING THE ZON~G DIS-
~:;-'TRI~ OF S~ ~ 1~-059.00-
{ ~ (0 6,'~-03,.~lEa) FROM Lhe General:
' PUBLIC ~OI'{C~ IS ~B~
:?'GIVEN. t~at Puzsuam to'
, mca~ of Ibc Code of Ibc To~n of
' S,,u,h~ld Sullolk CoouB, N~
'1i/ ~ork. Ih~i !Kc Tn~n Board Gl Ih~
, lo,mn Gl Z~,mhold ~dl hold { PUB-:
LIC HE.~RI~G on Ihe
,,,, i.OCAL LA~' {I dw SOL. HOLD
,~; ~OWN HALL ~3U~ ~um Road,
~? Sou~olH: 'New York, ~ 7
~:. M~nday, Oct0b~r ~ 1~9; t~'P~b]ic
~ H~afin~ '~ill b~ continued
'- '/' T~sday, O~obur. ~,' 1999 ut
;;: p.m. at the same location ~ Pm-
' po~ o['ihe L~al L~w is to ~han~
~{ ih~ Zon~n~ Dislrkt oFS~M ~
, 05g.U0-03.~-~.~0 on lh~ Town
";' Board's Own Motion from thc
';" General Busm~ms (B) m ~hc Limiled
I I, m~nLrceo~d' IS~ Deb0r~h'~dson ~
},' Johnnfs C~r Hop ~ Ih~ o~ne~ of
, ~.,'lhu pro~y. The properly i~ loculed
I,, on ihe,nokth s d~of Rout~
{[1 '~e ini~sucfio~ of ~oui~'4~ and
Hortm Lane (~oss s~reei). The
p~p~r/y com~m~ ~ppro~ma~{y .~
jli~ LOCAL L&W.TO CHANGE THE -'-
'}{d:"ZONINO .' DISTRi~ · DE~
;:~E GENERAL BUSINESS (B)
DISTRICT DESIG N~T[ON~ TO
~DISTRI~ DESIGNATiO~% .
~. ~pi~s. of .~is ~ogal Law ~
.'.av~lable i~ the Offi~ of the To~
~ Cler~ t0 any interested ~ons 'dur[
~[ i~g regular b~s4ness hour~. - '
~ &n~ p~n d~(i~,~ Io be
Go the proposed ameqdm~n~ ~ould ·
~[ Ibe I~me and pl~cc ~bo~e <, ~p~o
' ~fied. Any ~r~on ~l~o ha~ Ih~
b Somhold To~n ~erk eflh~pno~ to
, Ih~ ~biic hearing or al. ih~:b~bli~
~' BY ORDER OF TH~
I~/so~D oF THE [O'WN O~
~SOUTHO?. SOUTHOLO.
~YORK ' , ~.. '
~.Dated: 9114/99..' · :. ~ .
[[~ EL~ABE~ A. NEVILLE '
~:~- Sou'mOLO ZO~ CU~z
'~j1946-lTS23 .. , ~ ......
STATE OF NEW YORK)
)SS:
CO~TNTY OF SUEFOLK)
\~,/2fiJ~ ~ ~z_J I ({( ~ of Mattituck, in said
county, being duly sworn, says that he/she is
Principal clerk of THE SUFFOLK TIMES, a
weeldy 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 successively,
commencin~ on the ~.~ ~ r~ clmr
cipal Clerk
Sworn to before me this -c~ 7 CA
dayof ~.~Z-. 19 ¢7
MARY DIANA FOSTER
NOTARY PUBLIC, STATE OF NEW YOR~
NO. 52-4655242, SUFFOLK
COMMISSION EXPIRES AUGUST 31,
· CONSULT YOUR LAWYER ~.~)RE S~-NING THiS ~NSTRUNlfiNT--THIS NSTR~J~ENT SHOULD SE USED lily LAWYERS ONLY.
THIS INDENTURE, made the 31st
BETWEEN
LEWES L. EDSON, residing at:
(No#) Main Road
Southold, NY 11971
, day of; March
, nineteen hundred and ninety four
party of the first part. and
DEBORAH D. EDSON, residing at:
Uaw York, NY 10021 . ....~.._
party of the second part. {} .[5, '[7 ~"1
WITNESSETH, that the party of the first part, in consideration of Ten Dollars and otfier valuable consideration
paid by the party of thc second part. does hereby grant and release unto the party of the second part, the heirs or
successors and assigns of the party of the second part forever.
ALL. that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate,
lying and being in the
"SEE ATTACHED'SCHEDULE A"
ISTRICT
000
ECTION
LOCK
3.00
o.ooo
This conveyance is subject to the continued lien of the Suffolk County National
Bank's mortgage in the sum of $125,000.00=which Lewis Edson agr.ees to pay and
be responsible for.
~.X MAP
IGNATION'
TOGETHER with all right, title and interest, if any, of the party of the first part In and to any streets and roads
abutting the above d~scribed premises to the center lines thereof; TOGETHER with the appurtenances and all
the estate and rights of'the party of the first part in 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, covenant~ l:hat 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/he 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.
' IN PRESENCE OF: