HomeMy WebLinkAboutLL # 50 1999I~I.17, ABETH A. NEVII,[,E
TOWN CLERK
REGISTP, AR OF V-tT.kL STATISTICS
MAI~RIAGE OFFICER
RECORDS I_~L~d~TAGEMENT 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. 199~):
THAT THE FOLLOWING LOCAL
TOWN BOARD AT A SPECIAL
LAW WAS ADOPTED
MEETING HELD ON
LOCAL LAW NO. 50 OF THE YEAR 1999.
A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THE PARCEL
OF PROPERTY KNOWN AS Suffolk County Tax Map (SC734) # 1000~355.00-05 00-002.003
FROM THE
(B) GENE[LkL BUSINESS ZONING DISTRICT DESIGNATION TO THE
(RO) RES[DENT[AL 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 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 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 at' Farmland and Agriculture
Fan~l~n4 is a valuable and dynamic indua~r in the Town of 8outhold. The open
~ermlands ~u~ not only highly ~c~_ c~h~ ~or their cconom~c v~ac, bul ~or tbg scenic vistes they provide.
Tho op~.al~ac~ and ~ty cR~d ~y famnland addilionally conlnlm~ to I1~ qmti~y of li-~ of tl~
resklcnts, while promoting tourism and te~a,r, aGon_
2. Preservation of Open and Recreational Space
The Town of Southoid relies heavily upon its scenic beauty and open landscapes for
retention, clean air and watch, as well as for its attraction to tourists and roxcation..~e~ The
Town has attracted many scennd immenV~rs because of its %atuml vesenrcc~, ab~m,l~r~e of
open space, fanus, picturesque villages, and the ever-pmaent watcff~uut" (Master Plan Update,
1985). Due to this open space, the Town bas a tremendous d~elopment potential. Bleak pictures
have been palme$1, in a few documents, warning of stAp-type developmen~ suburban sprawl and
wates 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. Pr~.r~ation of the Rural, Cultural, Commercial and Historical Character of the
Hmlm and SullJ~l~g~9~
are keeping growth in the existing hamlet centers and preserving the enhancing the surrounding rural axe, as.
AddifionaUy, the Master.Plan Update recommends the provision for da community of residential hamlets
that are comprised of a variety of housing opportunities, commercial, sen,ice 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)."
Preservation of the Natural Environment
Accommodating "growth and clmnge within the Town without destxoying its Lraditional
economic base, the natural environment of which that base rests, and the unique character.
and the way of life that defines the Town" is of utmost importance" (GrouvA Watershed
Protection and Water Supply Management Strategy). The Master Plan Update
recommends preservation of the Towu's natural environment from wetlands to
woodlands and to "acl~eve a land use pattern that is sensitive to the limited indigenous
water supply and will not degrade the subsurface water quality.
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 proximity of County Route 48 to the bamlet conu'aereial centers
and to avoid potentially conflicting development 51x'ategies for such areas These outstanding needs we find
exist throughout the Town and me specifically identified as follows:
1 ) to provide fo:r viable land use developmeut at levels of intensifies which are sensitive to subsurface
water quality and quantity
21 To maintain and strengthen bamlet centers as the focus of commemial, residential, and coltuml
activi .W;
3) To preserve the open~ agricultural and rural character of areas outside of the hamiet centem:
4) to provide for a variety of housing opportunities for citizens of different incomes and age levels;
5) to enlmnce the opportunilies for pedesLdan-friendly shopping;
6) to continue to rite support of the Town's agdcultmal economy;
7) to ma:dmize the Town's natural assets, including its coastal lueation and agricultural'base, by
balancing commercial, residential and recreational uses;
8) to strengthcu the Town's me-recreational and manue--commercial activities;,
9) to encourage the presei~ation of parkla~ and public access to the waterfront;
10) to support tourism by maintaining and stnmgthealng the Town's assets that foster a tourist Irade,
11) to pn~nve,ptimo farmland; and ~ the diversification of agrienltum;
12) to ~ the historic, o,~,*al, ~ and arnhn~ological resenmes of thc Town;
13) to ensure visual quality of h~mlet {:enters;
14) to encourage appropriate Land us~ both inside and out of bamlel conters;
15) to promote balanoed economy and tax base;
16) to preserve the integrity of the Town's veg¢lative babitats, including fxeshwater wetlands and
woodlands.
$~tion 2. Er, actment
Therefore, based upon tile aforementioned goals and identified needs of the Town and upon our
consideration of tile recommendations and comments o[ our Planning Board, the Suffolk Count3_, Planning
Commission, our planning consullaat (CCG) and the public comment taken at !he public hearing and
otherwise, we hereby clmngc [lie zoning chslricl desil~alion for file parcel known as
SCTM# ~OOID-O5E.00-O5-OO-1302-OO3 (and as more full3' described
herein below) from the
SCTM #1000-055.00-05.00-002.003
ALL that certain plot, piece or parcel of land, with the buildings mad improvements
thereon erected, situate, lying and being at Southold, Town of Southol6, County of
Suffolk and State of New York, more particularly bounded and desqribed as follows:
BEGINNING at a point on the westerly side of Raikoad (or Young's) Avenue where the
same is intersected by the southerly side of land now or formerly of Abrams, said point
being also distant 136.39 feet southerly from the southerly end of a'cun,e connecting the
southerly side of Middle Road (C. K. 48) with the westerly side of Raikoad Avenue;
RLTN%TNG THENCE from said point or place of beginning along the westerly side of
P-xa~tl .~,3d ~.venue
I-c, rn'~erl', or Mallgren
RUNNING THENCE along said land and land now or formerly of Chamews, South 72
degrees 04 minutes 10 seconds West 260 feet to la.nd now or formerly of Abrams;
RUNNING THENCE along said land the following three courses and distances:
i) North 17 degrees 55 minutes 50 seconds West 159.30 feet;
2) North 67 degrees 06 minutes 40 seconds East 60.73 feet;
3) North 76 degrees 17 minutes 40 seconds East 224.44 feet to the westerly side of
Railroad Avenue at the point or place of BEGITNNING.
Section 3.
The zoning map as adopted by section 100-21 of the Town Code of the Town of Southold is
hereby amended to reflect the witlfin change of zoning district designation for said parcel.
Section 4.
THIS LOCAL LAW SHALL TAKE Etq~ECT ~DIATELY UPON FILING WITH THE
SECRETARY OF STATE·
H A. NEVILLE
· $OUTHOLD TOWN CLERK
OCTOBER 19. 1999
- - Local Law
YORK STAI~ DEPARTMENT OF ST.A.TE
41 ST, ATE STREET. ALBANy. Ny 12231
· (lJse this form to file a local law with the Secretacy of State.)
Text o[ law should loetgiven as amended. Do not include matter lo~ing eliminated and do not use
italics or underlining to indicate new matter.
]c}t~x o~ .............................. .s..o. _u_ .t.h..o_ ! .d_ ..............................................
LOCAL LAW NO. 50 OF THE YEAR 1999.
A LOCAL LAW TO CHANGE 'II-IE ZONING DISTRICT DESIGNATION OF TI-IE PARCEL
OF PROPERTY KNOWN AS Suffolk Cmmt) Tax Map (SCTM) # 1000-055.00-05,00-002.003
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:
Please see attached.
(If additional space Is needed, attach pnge~ the same alze nm thin sheet, and number eaCh.)
LOCAL LAW NO. 50 OF THE YEAR 1999.
A LOC.AL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THE PARCEL
OF PROPERTY KNOWN AS Suffolk Count~ Tax Map (SCTM) # 1000-055.00-05.00-002.003
FROM THE
(B) GENERAL BUSINESS ZONING DISTRICT DES[GNATION TO THE
(RO) RESIDENTIAL OFFICE ZONING DISTRICT DESIGNATION.
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS:
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 studies and plans devcloped heretofore, we hereby
determine that it is necessary and desirable to renise 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) Preservatian 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 sision 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 industry in the Town of Southold. The open
farmlands are not only higldy cherished for their economic vnlu¢, but for the scenic vistas they provide.
The open.space and scenet'y created by farmland additionally contxibntes 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 air and water, as well as for its attraction to tourists and recreation-seekers The
Town has alLracted man3, second homeowners because of its "natural resources, abundance of
open space, fam~s, picturesque villages, and the ever-pre, sent waterfront" (Master Plan Update,
1985). Due to this open space, the Town has a tremendous development polential. Bleak ptctmres
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
Tim Town of Southold is nmowned for its. mrnl, cultural, ¢ommeroinl nad historic
character. This unique chara~.er is rccoE~iT~d inall of the do~.unents reviewed. Based on thednpm of
Town residents, the Final Report and Recommendations slates thai the two most prevalent and key issues
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTtL~R OF ¥ITAL STATISTICS
~kRRIAGE OFFICER
RECORDS i~LkNAGEMENT OFFICER
FI~EEDOM OF INFOtk~LiTION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-6145
Telel~hone (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 $OUTHOLD TOWN BOARD
HELD ON SEPTEMBER 28. 1999:
WHEREAS the Town Board of the Town of Southold is considering a change in the
zoning designation fi.om 03) Business District to (RO) Residential Office District of
certain parcels of land lying in the Town of Southold identified by SCTM# 1000-055 00-
05.00-02.003; SCTM# 1000-055.00-05.00-04.000; SCTM# 1000-055_00-05.00-05.005;
RESOLVED by the Town Board of the Town of Southold that for the above actions there
is no other involved agency pursuant to SEQKA Rules and Regulations set forth in 6
NYCRR 617.1 et. seq. and Chapter 44 of the Southold Town Code; be it further
1LESOLVED by the Town Board of the Town of Southold that for the above actions the
Town Board is Lead Agency pursuant to SEQRA Rules and Regulations set forth in 6
NYCRR 617.1 et. seq. and Chapter 44 of the Southold Town Code; be it further
RESOLVED bY the Town Board of the Town of Southold that these actions each are an
Unlisted Action pursuant to SEQRA Rules and Regulations set forth in 6 NYCRR 617.1
et. seq. and Chapter 44 of the Southold Town Code.
E~~a~th A.' Neville
Southold Town Clerk
September 28, 1999
.,, LEGAC NO,riCE ~ ~!
I' NOTICE OF PUBLIC HIz~R-
i lNG ON. A LOCA.L .LA~
· AMEND.THE ZONING MAP. OF
· ~E TOWN OF SOU~OLO BY
, ~ANOING ~E ZONING DIS-
05.~-~2.~3 FROM ~ G¢neraP
Business (B) to th~ R~idential
Office (RO) District. :
· PUBLIC NOTI~, IS ~BY
GIVEN ihal Pur~uanl lo
265 o[ Ihe Tow~ Law ~fld
menl$ o{ Ihe C~e of ~he Toga
Soulho[d $uffolk Coanl% New
Vor~ Ihfil Ihe To. il Board o[
To~n of Southold ~ill hold a PUB-
LIC HEARING on lhe ~fore~aid
LOCAL LA~ a[ {he SOL[~OLD
lO~'~ HALL. 53095 Mare Road
Southold. Ne~ York. a~ o00 a
~uesday. ~tober b. 1990. the ~bli{
Hearing ~l[I be conqnucd on
~'edn~a~. October 6. laq9 al
p m al Ihe s~e IocaBofl. lhe pu~-
po~e of ~he Loom Law ~$ ~ Chan~e
~he Zoning Di~mct o{ S~M ~ l~-
Bo~¢d'~ O~n Molmo [win Ihe
GenCril Bummers lB} m ~he
denl~al Office IRO~ D~mcl The
a~e~smenl ~eco{ds fi~l G~ Rempe
& ~][e ~ Ihe owner o{ II~e p{ope~l~
The properl~ ~ IcK~l~ on thc $oulh
side o[ Ro~l~ 48 ¢a$[ o[ IBc mlerscc.
lion of Ro.al¢ A~ anB Youn~ ~
I'C~,$1 $1reel I ~he property comams
LOCAL LA~' TO AK~ND THE
ZON~G MAP OF THE TOX~
OF SOL.OLD BY CHANGING
~ ZONING DISTRICT OF
FROM Ihe Geoe{al Busine~ ~BI
~h: Re;idenhM Olfice { RO) Dl$lnCl
Coplet o[ Ibis Local L~
ovadable m me Olficc of ~he
Cl~rk to an} mtere~lcd p:[~on~
m~ regula{ bu~ine~ horns.
An~ person de~mng ~o bc hca{d
on ~he propo~d amendm.:n~ ~hould
appe~, and ha~ Ihe n~l to appear.
tt lhe I~me and place above ~o
Soulhold To~n Clerk either pt;o{ to
Ihc poDhc, he~{mg ~ al the
BY ORDER OF ~E {OWN
BOARD OF THE ~OWN OF
· ~ $OO~OLD. SOUIHOLD. ~EW
!' YORK
ELIZABE~I ~ NEVILLE
SOI.~OLD TO~X~ CL E RK
II,
STATE OF NEW YORK)
)SS:
or
co.W,, berg d~y sworn, says ~at he/she Is
~cip~ clerk of T~ S~FOLK ~ES, a
wee~y newspaper, pub~shed at Matamck, ~
~e To~ of Sou~old, CounW of S~fo~ ~d
S~te of New York, ~d ~at ~e Noace of w~ch
~e ~ed is a prated copy, has been regu-
l~ly pub~shed ~ s~d Newspaper once each
Week for ~' weeks s~ccessively,
co~encing On ~e ~r~ day
~ ~cip~ Clerk
Sworn to before me ~s ~7 ~
dayof ~r 19y~
NOTARY PUSUC. STATE OF N~ YOR~
NO. 52q655242, SUFFOLK COUN~
CO~r~ISSION ~PIRES AUGU~ 31,
1000
Sec.
055.00
Blk.
05.00
Lot
002.003
................... . ..... fi &s,? --o p
THIS [NDEN~RE, n,ad~ thc c~ da> 0f J~e . nine,eon hundr~.d and eighth-six,
BEatEN L!~A BEEBE W~EN, residing at (no ~[) Linden Avenue,
Cutch~ue, New York 11935, C% ~ ~) ~O
part)' of the first part. and GARY REMPE and JOAN REMPE, his wife, both residin9 at
(no ~) Alvahs Lane, Cutchogue, New York 11935,
party of th~ second pa~, ~2 ? E~ ts
WlTNESSETH, thai the party of die first part, in con~ulcratirm of ten d,flhtra and other valuable consideration
paid by die party of the second part, doc~ hereby g~ant knd rdease unto the party of die second part, the heirs
or successors and assigns of the party of the second part forever,
ALL that ccrlaill plot, piece or pared oi land. with ibc buildings and i,npru~ements thereon erected, situate,
ly,ng ar, d bring ;{~ aE Southold, Town of Southold, County of Suffolk and State of
New York, more ~rriculacly ~unded and describ~ as lot. lows:
BEGINNING at a point on the westerly side of Railroad (or Young's) Avenue
where the same is intersected by the southerly side of land now or formerly
of Abrams, said .point being also distant 136.39 feet southerly from the
southerly end of a curve connecting the southerly side of Middle Road CC. R.
48) with the westerly side of Railroad Avenue:
RUNNING THENCE from said point or place of beginning along the westerly side
of Railroad Avenue, South 08 degrees 35 atinutes 30 seconds East 150 feet to
land now or forn~rly of Mallgren;
R[JNNING THENCE along
degrees 04 minutes
said land and land now or formerly of Charnews, South 72
10 seconds West 260 feet to land now or formerly of
RUNNING THENCE along said land the following three courses and distances:
1) North 17 degrees 55 minutes 50 seconds West 159.30 feet;
2) North 67 degrees 06 minutes 40 seconds East 60.73 feet;
3) North 76 degrees 17 minutes 40 seconds East 224.zM feet to the westerly
side of Railroad Avenue at the point or place of BEGINNING.
BEING AND INTENDED to be the same premises conveyed to the party of the first
part herein by deed dated 5/2/85, ~ecorddd 5/30/85 in Liber 9799, page 282.
The above-described premises are not encumbered by a credit line mortgage.
TOGETHER with .dl rig}It, title and inLerest, ~f arty, of thc part)' uf the first part in and t. any streets and
roads abutting the above descrit~d premises to the center lines tl',crcof; '['OGETHEll with thc appurtenance~
and all thc e=tate am! right= of the party of the first part in ami i~ said premises; TO }lAVE AND TO
HOLD the premises hereto granted unto the party oi tfic second part, the heirs or succcssor, and assigns of
thc part), of the secon,J part forever.
AND the :party of the first part covenants that the party of Ihe first part has not clone or suffercdanything
whereby th,: said premises have beell encumbere,! irt any way whatever, except as aforesaid.
AND th= part)' of the first part, in compliance witlt 5rctimt [3 of dec Lien Law, cu;'enants that the party of
thc first part will receive the consideration for this coovcyancc and will hold tfic right to ~ecei;r such consid-
eration as a trust ~'und to be applied first ]'or Ibc purptn,.- of paying thc cost of the improvement ant[ will apply
Ilit- same first to thc payment of thc cost of lhe imprnverncut before using any part of the total of the same for
ally other purpose.
The word "parly" shat[ [,e c,Jn.strued as if il r~ad "parlies" ~bcncv,'r the sense of tbih indentpre 50 ~equires.
IN WITNESS WHEREOF. the part_,,' uf the fi,'st part has duly t.×ecuted this deed the day and year fi. est above
written.
JUN 10:9~,"
Linda Beebe Warren
~UETTf A. KINSELLA
Suffolk Co.tlt~