HomeMy WebLinkAboutLL #37 2000THIS IS TO CERTIFIY THAT THE FOLLOWING LOCAL LAW WAS ADOPTED AT THE REGULAR
MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 12, 2000:
LOCAL LAW 37 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) #1000-055.00-05.00-002.004
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:
Section 1. Legislative Intent
Consistent with our comprehensive land use plan and our established objectives and goals as reflected by
the existing zoning paiXerns 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(I) Presetwation 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 Farnfland 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
The Town of' $outhold 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 homeowners 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 spra~vl 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 recoginzed 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 recommends the provision for "a community of residential hamlets that 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, 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 environment 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 Strategy).
The Master Plan Update recommends preservation of the To~vn' s natural environment from wetlands to
Woodlands and to "achieve a land pattern that is sensitive to the limited 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 tova~ (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 ham/et 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)
4)
5)
6)
7)
8)
9)
10)
11)
12)
13)
14)
~5)
16)
to provide fur viable land use development at levels of intensities ~vhich 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 opportunities 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 reconm~endations 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 # 1000-055~00-05.00-002.004 (and more fully described herein below) from the
(B) GENERAL BUSINESS zoning district designation to the
(LB) LIMITED BUSINESS zoning district designation.
SCTM ii 1000-055.00~05.00-002004
All that certain plot, piece of parcel of land, situate and being at Southold, Town of Southold,
County of Suffolk and State of New York, bounded and described as follows:
Beginning at a point on the Southerly side of Middle Road at the North West comer of the
premises herein described, adjoining land of Middle Road Corp., on the West, running;
Thence along the Southerly line of the Middle Road, North 67 degrees 06 mutes 40 seconds
East, 370.690 feet to other land now or formerly of Frank W. Abrams, Jr.: running;
Thence along said land South 17 degrees 55 minutes 50 seconds East, 367.40 feet to land of
Charaevs, running;
Thence along said land South 72 degrees 04 minutes 10 seconds West 418.14 feet to said land of
Middle Road Corp., running;
Thence along said land North 09 degrees 37 minutes 50 seconds West 338.91 feet to the point or
place of beginning.
SAID PROPERTY BEING COMMONLY KNOWN AS ABRAMS LANE, SOUTHOLD, NEW
YORK and being described as District 1000, Section 055.00 Block 05.00, Lot 002.004 on the
Tax Map of the Town of Southold, County of Suffolk.
Section 3.
The zoning map as adopted by section 100-21 of the Town Code of the Town of Southold is hereby amended
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
SCTM # 1000-055.00-05.00-002.004
All that certain plot, piece of parcel of land, situate and being at Southold, Town of Southold,
County of Suffolk and State of New York, bounded and described as follows:
Beginning at a point on the Southerly side of Middle Road at the North West coruer of the
premises herein described, adjoining land of Middle Koad Corp., on the West, running;
Thence along the Southerly line of the Middle Koad, North 67 degrees 06 minutes 40 seconds
East, 370.690 feet to other land now or formerly of Frank W. Abrams, Jr.: running;
Thence along said land South 17 degrees 55 minutes 50 seconds East, 367.40 feet to land of
Charaevs, running;
Thence along said land South 72 degrees 04 minutes 10 seconds West 418.14 feet to said land of
Middle Road Corp., rurming;
Thence along said land North 09 degrees 37 minutes 50 seconds West 338.91 feet to the point or
place of beginning.
SAID PROPERTY BEING COMMONLY KNOWN AS ABRAMS LANE, SOUTHOLD, NEW
YORK and being described as District I000, Section 055.00 Block 05.00, Lot 002.004 on the
Tax Map of the Town of Southold, County of Suffolk.
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
NL~RRIAG E OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Ha~[, 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 fi.om B General Business Zoning District Designation to the
LB Limited Business Zoning District Designation of a certain parcel of land lying in the Town
of Southold identified by SCTM # 1000-055.00-05.00-002.004; and
WHEREAS, GEIS which said "no further SEQRA review required" when "Changing the
Zoning Category of a parcel from one industrial zone to another industrial zone, or from one
commercial zone to another commercial zone, of from an industrial zone to a commercial 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 ~vill 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
LEGAL NOTICE
NOTICE OF PUBLIC HEAR-
ING ON A LOCAL LAW TO
AMEND THE ZONING MAP OF
THE TOWN OF SOUTHOLD BY
CHANGING THE ZONING DIS-
TRICT DESIGNATION OF SCTM
# 100~055.0~05.00-002.004 FROM
THE GENERAL BUSINESS (B)
DISTRICT DESIGNATION TO
THE LIMITED BUSINESS '(LB)
DISTRICT DESIGNATION.
PUBLIC NOTICE IS HEREBY
GIVEN that pursuant to Section 265
of the Town Law and requirements
of the Code of thc Town of Southold,
Suffolk County, New York, that the
Town Board of the Town of Southold
vtill hold ~ PUBLIC HEARING on
the Afo~'aaid LOCAL LAW at the
SOUTHOLD TOWN HALL, 53095
Main Road, Southold, New York at
5:00 p.m., Tuesday. August 29, 2~0.
The purpose 9f the Local Law is to
Chan~ the Zoning D~tr~:t
D~/~ion of SCTM # 1000-~5.00-
05.00-002.004, on the Town
O~_a Motion, from the G~ral
~:(B) District Designalim~ to
tl~ Liallted Business (LB) ~
~. The assessment
& Susan McCalllly mt
~ ~ of the property. Thz ~
~ i~ ~¢ated on the south ~ of
Route 4~ west of Young% Av. enue.
Tbe ~erty contains approxi-
mately ~.17 acres.
The Local L~w is entitled, "A
LOCAL LAW TO CHANGE THE
ZONING DISTRICT DES-
IGNATION OF THE PARCEL OF
PROPERTY KNOWN AS SCTM #
1000-055.00-05.00-002.004 FROM
THE GENERAL BUSINESS
DISTRICT DESIGNATION TO
THE LIMITED BUSINESS (LB)
DISTRICT DESIGNATION.
Copies of this Local Law are avail-
able in the Offic~ of the Town Clerk
to any interested persons during reg-
ular business hours.
Any persons desiring lo be heard
on th? proposed amendment should
appear, and has the right to appear,
at the time and place above so speci-
fied. Any person also has the right to
submit written 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,
ELizabeth A. NeviLle
1501-1TAul7
STATE OF NEWYORK)
)SS:
COLINTY OF SUFFO~.K.) ,
\J?._O~/"~ ~" {J(..)l[ I t~' 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 NewYork, and that the
Notice of which the annexed is a printed copy, has
been regularly published in said Newspaper once
each week for { weeks successively,
I'-~ +t.~ day
commencing
Sworn to ~efore me tys
day of {f~.A ~-~(.~'Y
the
20~.~ t ' ,
(J-Principal Clerk
20 0 ("")
NOTIC~ O~ ~ ~.~.R-
LNG ON-A L~ ~W TO
~ ~ ZO~G ~ OF
~ ~ OF ~o~o~ BY
~ D~I~NA~ON OF S~
~ GE~L BUS~S (B)
DI~I~ D~IGNATION TO
~ ~ BUS~ (~)
DI~ D~IGNA~ON. ~
~BLIC NO~ ~ ~y
of ~e ~ ~T~ ~d,
Tg~ ~ of ~e T~ of ~old
· e ~ LOCAL ~W at the
SO~O~ TO~ HA~,
M~ R~d~ ~m~, New York
8:~ a.m., ~e~y, August ~5, 2~.
~ p~ of ~e ~ ~w is to
Change thc Zon~g D~t~
Desi~ation of S~ ~
Own Motion, from the G~ncral
Busin~ (B) D~t~t ~at~n
Desi~ation. ~c ~cnt r~rds
l~t ~ & S~ M~
the Owner of the pro~. ~e
~o~rty ~ ~ted ~ t~ ~uth
of Route 48 wc~t of Young's Avenue.
~ Fro~y Contorts approximate-
ly 3.~
~c ~al Law is entitled, "A
LOCAL ~W TO CH~GE ~E
ZONING DIS~I~ DESIGNA-
~ON' OF ~E FARCE~ OF
PROPER~ KNO~ AS ~
1~-055.~05.~-~2.~4 FROM
~E GENERAL BUSINESS
DISTRI~ DESIGNATION TO
~E LIMI~D BUSINESS (LB)
DISTRI~ D~IGNATION.
Copies of t~s ~a[ ~w are ava~-
able in thc O~ of the Town Cl~rk
to any interested ~ns d~g teg-
Any ~ns dosing to ~ heard
at the ti~ ~d p~ above so
fi~. Any ~n ~ ~ the.~t to
Southold T~ Oerk either p~r to
· e ~ He~g or at t~e
Hcarin~
BY O~ER OF ~E TO~
BOARD OF THE TO~ OF
SO--OLD, SO--OLD, NEW
YORK.
E~ A. NeviHe
Southold Town ~erk
STATE OF NEW YORK)
)SS:
OF SUFFOU .
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 succes-
sively~_co~nmencing on the ~,v//-~; day
of / 2o .
. (~Principal Clerk
Sworn to before me this c~'-~ ' v
day of ~ ~..~ 20 0o
CHRISTINA T. WEBER
No. 01WE6034~54
~Q~a[ifled i~ Suff0~k Cot~y
~ornmission E~i~e~ Decetabet 13, ._,_.~0 ~
LEGAL NOTICE
NOTICE OF PUBLIC HEAR-
INO ON A LOCAL LAW TO
AMEND THE ZONING MAP OF
THE TOWN OF SOUTHOLD BY
CHANGING THE ZONING DIS-
TRICT DESIGNATION OF SCTM
# 1000-055,00-05.00-002.004 FROM
~ THE GENERAL BUSINESS (B)
:DISTRICT DESIGNATION TO
TH]~ LIIvlfll~D BUSINESS (LB)
DISTRICT Di~IGNATION.
PUBLIC NOTICE IS HEREBY
GIVEN that pursuant ~o Section ~65
Town Boord of the Town of Southold
See I.Z",~s.a, next psge ·
LEGALS.'.
~,,-From previOoS page
~ ~ a PUBLIC HEAP. lNG
the A~oresaid LOC.I~L.LAW at the
SOUT[-IOLD TOWN HALL, ~A~5 '
Main Road, Southol~ New York at
8.~)5 am., Tuesday, August 15, 2000~
The purpose of the Local l~w is to
Change the Zoning District
De. si~nation of SCTM #
05.004102.004. on the Town Bond's
Own Motion, from the General
Business (B) District Designation to
the limited Business (LB) D~
Designation. The asse. s~ment reenrd~
list 'l'nonms & gu~n McCmhy
the Owner of the property. The
Property is located on the south sld~
of Route 4~ west of Young'~ Avenue.
The Property contains appro, lmnt?
ly 3.17 acres·
The Local Law is entitled,-,A
LOCAL LAW TO CHANGE TIlE
ZONING DISTRICT DBSIGNA~
TIOI~ OF THE PARCEL' OF
PROPERTY KNOWN AS SCTM #
1000-055.00-05.00-002.004 PROM
THE GENERAL BUSIN~=.SS (B)
DISTRICT DESIGNATION 'TO
THE LIMITED BUSINESS (LB)
DISTRICT DESIGNATION.
Copies of this Lo~a, I Law are avail,
able in tM Ofii~e of the Town Clerk
to any interested persons dtlring reg-
ular business hours.
Any persons desiring to betleard
on the propped amendment ~hould
at the t~ and
s~bmit written c~mmcnts to
Southold Town, Clerk eithe~
thc Public He~g or at'the
· BY ORDER OF Tile TOWN
BOARD OF THE TOWN
-SOU'mOLD, sOtn"HOL~, NEW
Dated: July 21, 2000 ''
So~old Town Clerl/
144~-lTJy27
This is a copy of the Public Hearing Notice as it
appeared in the July 27, 2000 edition of the
Suffolk Times. Photocopied by Lynda Bohn