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HomeMy WebLinkAboutLL # 52 1999 ELIZABETH A. NEVILLE TOWN CLEP,,K REGISTRAR OF VIT3_L STATISTICS MARRIAGE OFFICER RECORDS i'~La. NAGEMENT OFFICER FREEDOM OF IIKFOR_MATION OFFICER Town Ha]l, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE 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, 1999: LOCAL LAW NO. 52 OF THE YEAR 1999. A LOCAL LAW TO CHANGE TH]~ ZONING DISTKICT DESIGNATION OF THE PARCEL OF PROPERTY KNOWN AS Suffolk Count~' Tax Map (SCTIvl) # 1000-055.00-05.004) 12.002 FROM THE (B) GEN~EILM_ BUSINESS ZONING DISTRICT DESIGNATION TO THE (RO) RESIDENTIAL OFFICE ZONING DISTRICT DESIGNATION. BE IT ENACTED BY TIIE TOWN BOARD OF ~ TOWN OF SOUTHOLD AS FOLLOWS: Section 1. Legislative Intent Consistent with our comprehensive land use plan and our established objeciives 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 thc 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 moro specifically set forth herein below: 1. Preservation of Farmland and Agriculture Farmland is a valuable and dynamic indus~ in the Town of Southoicl. The open famdands ~ not only highly ch~rishixi for Ih~it ec~nmuic value, hut for I1~ t~-n~ visl~ they la'Ovide. T~e opan spaoe and sonm~ crannied by f~vmlnnd addilion~y conm~m~ to ~e q~t ay of life of llx¢ while lav,m~;..~ Iolai~ ~ ~:lltiO~ . 2. Preservation of Open and Rer. reationnl Spac~ Th~ Town of Southold relies heavily upon its scenic ~ and open landscapes f~r- recreation, clean air and water, as weJl as for ils attraction to tourists ami t~.n~iion-sceker~. Thc Town has ala'acted many second homenwncr~ b~causu of its "~nt~al resuurc~, ~ of open space, farms, pictu~.,quc villages, and the evar-prcsent waterfront" (Master Plan Update. 1985). Due to this open space, the To~xt has a tremendous development potential. Bleak pictures have been painted m a few do~aments, warning of strip4ype development, suburban sprawl and water supply issnes. The presorvafion of open and n~-eational space is not only ae~thelic, but also a necessity for the present and future needs of rite Town. 3. Preservation of the Rurnl, Cultural, Commercial and Historical Character of the are keeping gr'OWth in the existing hamlet centers and preserving file eul~ancing rite surrounding ire'al areas. Additionally, the Master Plat Update recommends the provisiun for "a community of residential hamlets that are comprised of a variety of housing oppon'unifies, commercial, service and cultural acfivifies, set in an open or rural atmospliare and supported by a diversified ecenomic base (including agriculture, marine commercial and seasonal recreation activities)." Preservation of the Natural Environment AccommOdating "growth ami change within the Town wtthout destroying its Iraditional economic base, the natural environment of which that base resk~ and rite unique character and tlie way. of life that defines the Town" is of utmost impor[anee" (Ground Watershed Protection and Water Supply Munagentent Strategy). The Master Plan Update recommends preservation of the Town's natafal envLronment from wetlands to wo°dlunds and to "achieve a land use pattern that is sensitive to the limited indigenous water supply and will not degrade the subsurface water quality. Thc outstanding n.--~s enumerated below are die culrmnation of careful comparison of the inlem and objectives of the Iown (as stated in past land usc plans and studies) and the currenti) existing cendinons along the Coumy Route 48 cemdoc These needs reflect the past and present vision of the Town and the work hhat still needs to be done due to the proximity of County Route 48 to the hamlet commercial centers and to avoid potentially conflicting development slrategies for such areas. These outStaading needs we find exist throughout the Town and are specitieally identified as follows: 1 ) tO provide for viable land use development at levels of intensifies winch are seasitive to subsurface water quality and quantity 2) To mainlain and strengthen hamlet centers as the focus of commemial, residential, and cultural activity; 3) To preserve the open. agricultural and raral character of areas outside of the hamlet centers: 4) to provide for a variety of housing opportunities for citizens of different incomes and age levels; 5) to enbance the oppertum fies for pedestfian-ffiennly shopping; 6) to continue to the suppert of theTown'sagriculturaleconomy; 7) to maximize the Town's natuial asso~, includiag ils coastal location and agricultural base, by balancing commercial, residential and recreational uses: 8) to strengthen the Town's marine-~creational and marine-commercial activities; 9) to encourage thc preservation of parkland and public access to the wateffxont; 10) to support ~ by mai~taining smd ~tac. agthenl.ng the Town's assuts that fostera tourist trade, mm~y hnmlct lal~ter ~,nint~, hialofic li~rilagc, architecture, a scnso of place, of rural a~l ol~n 11) to preserve p~ fapv*land', and ce~ the divcr6ification of agxiodhwe; t2) to presentelhe historic, cultuml, arclfitcchaalandarcbaenlogicnlrcsutm?softheTown; 13) to eusurevisualqualityofhnmletc~aters; 14) to encom'a§e appropriate land uses beth inside and out of hamlet centers; 15) to promote balanced economy and tax base; 16) to preseln/e the integrity of the Tow'n's vegetative habilats~ inciudLug freshwater wetlands aad woodlands Section 2 Enactment Therefore, based upon rite 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 heating and othep, vise. we hereby change the zoning district designation for the parcel known as SCTM# IO00-~oc'-,O0-O~-oOD-Dlo,~.Olgc,Q, (and as more fully described herein below) [rem the ~ ~>,_~.., '~ 6_ -- ~I.~/)'XJ~_~.~_D_.~ '"?'"'S district dcstghati,':,r, tr, SCTM #1000-055.00-05.00-012.002 ALL that certain plot, piece or parcel of land, with thc buildings and improvements thereon erected situate, lying and being in the Town of Southold, County of Suffolk, State of New York, more particularly bounded and described as follows: BEGINNING at a monument set on the southerly side of I~fiddle Road at the northeasterly comer, now or formerly of Barczak and the northwest comer the premises herein described; THENCE along the southerly side oflvfiddle Road two courses as follows: (1) Northeasterly at a curve to the left having a radius of 2, 325.0 l feet, a distance of 241.62 feet; ('2'1 Southeasterly on a cur~,e to the right having a radius of 67.23 feet. a distance of I58.53 feet to :}~e ,.,. esterb,' line ,31' B,aisseau Avenue: I'H,~N(."E along tl'~e westerly tine of Bolsseau Avenue ~ou[~, 2 :iesrees 3,q.' n'~nutes 2,0 >econds west 163.75 feet; THENCE along other land of the party of the first part south 81 degrees 16 minutes 50 sec. West 278.95 feet to land or formerly of Barczak; THENCE north 8 degrees 57 minutes 30 seconds west along land now or formerly of Barczak 11 h 54 feet to the point of BEGINENING. Section 3. The zoning map as adopted by section 100-21 o£ the Town Code of fl~e Town o£ Southold is hereby amended to reflecl the witlfin change or' zoning district designation for said parcel. Section 4. THIS LOCAL LAW SHALL TAKE EFFECT IMMEDIATELY UPON FILING WITH THE SECRETARY OF STATE. A. NEVILLE SOUTHOLD TOWN CLERK OCTOBER 19. 1999 Local Law FiIir g ~ YORK STATE DEPARTMENT OF STATE 41 STATE STREET. ALBANY, Ny 12231 (Use this form to Hie a Io,-,,I law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. K~lt% or .............................. .s_ _o_ _u_ _t_B_o_ ! _d_ ............................................. Town ~m~x LOCAL LAW NO. 52 OF THE YEAR '[999. A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THE PARCEL OF PROPERTY KNOWN AS Suffolk Count3, Tax Map (SC22M) # 1000-055.00-05.00-012.002 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 TO~,2'q OF SOUTHOLD AS FOLLOWS: Please see attached. (If additional space is needed, attach pages the same size as this shcet, and number each.) LOCAL LAW NO. 52 OF THE YEAR 1999. A LOCAL LAW TO CHANGE TH~ ZONING DISTRICT DESIGNATION OF TH!E P_~CEL OF PROPERTY KNOWN AS Suffolk Counn.' Tax Map (SCTM) # 1000-055.00-05.00-012.002 FROM T~E (B) GENERAL BUSINESS ZQNING DISTRICT DESIGNATION TO THE (RO) RESIDENT[AL OFFICE ZONING DISTRICT DESIONATION. 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 z~niag patterns within the Town, and based upon our current County Route 48 Land use study as well as numerous land nsc .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 identi~y 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 ~trong 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 iadusa-y in the Town of Southold. The open farmlands are not only highly cherished for their economic value, but for the scenic visias they provide. The open space and scena'y created by fanned additionally conlributes to the quality of life of the residents, while promoting totLri~a and recreation. 2. Preservation of Open and Recreational Space The Town of Sonlhold relies heavily open its Scanic beauty and open landscapes for recreation, clean air and ~ater, as ~1l as for its aVtra~don to tourists and recreaton-seekers. The Tomq has attracted many second Immeownem because of its "natural resom'ces, 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, bat also a necessity for the present and futttr~ needs of the Town 3. Preservation of the Rural, Cultural, Commercial a~d Historical Character of the Hamlets and Surround'rog. Areas The Town of Southold is renowned for its rural, ~ulrural, ~onurmrdal and historic clmmclcr. This unique ch~ is ~i?~d in all of thc documents ~*vinwcd. Basud on the input of Tovm residents, thc Final Report and Recommendations states that the two most prevalent and key issues -ELIZABETH A. NEVILLE TOV~N CLERK REGISTRAR OF VITAL STATISTICS I~LkRRIAGE OFFICER RECOI~DS iVLkNAGEBiENT OFFICER FREEDOM OF INFOILMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, Ne~v 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 Tov,~ Board of the Town of Southold is considering a change in the zoning designation fi-om 03) Business District to (KO) Residential Office District of certain parcels of land lying in the Town of Southold identified by SCTM# 1000-055.00- 02.00-23.000; SCTM# 1000-055.00-05 00-10.000; SCTM# 1000-055.00-05.00-11.000; SCTM# 1000-055.00-05.00-12.002; SCTM# 1000-055.00-05.00-09.001; and part of a certain parcel identified by SCTM# 1000-055.00-02.00-24.002; 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 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 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 SEQKA Rules and Regulations set forth in 6 NYCRR 617. I et. seq. and Chapter 44 of the Southold Town Code. lizabeth A. Neville Southold Town Clerk September 28. 1999 i .';i LEGAL NOTICE -' ', NOTICE OF PUBLIC HEAR. , '-'~II~G ON'A LOCAL LAW' TO. "AMEND THE ZONINO MAP OF · ' THE TOWN OF SOUTHOLD BY , · , CHANGING THE ZONINO DIS- '.05.00-012.002 FROM thc General Busin¢~ '(B) 16 tho ..Residential Office (RO} District. PUBLIC NOTICE IS HEREBY GIVEN that Pursuant to Section : ,,265 of thc Town Law .and reqmra- : 'merits of thc Code of the To~,vn of Sou~hold, Sal[olk Cuunly. New York, Iha! (he Town Board ol [he :~ Town of So~Jthold ~tll hold a PUB- LIC HEARING on Ihe aforesaid LOCAL LAV~' aL Ihe SODTHOLD i'O~N HALL, 53095 Main Road, Sou[hold. New hb[k at 9'['R) 3 m.. Tu-:~d ay. Oc[obe[ 5. 199t). [he Public H~ar[ng ~[ll bc continued on 9 ~&'¢dne~da% Oc[o0c[ O 1~9a at .q fill pm. at the ,,ama Iocatrun ~he pdt. po~¢ Ol' IJ1¢ Lo~l L:,~ i~ to L~ange ~hc Zomug D,qric[ ot SC'IM # 10nO. ... ILN$.II0-OS.00-012.002 on [ha To~n ',Bo~rd'g Own Molton finm Ih~' .,: Gene~l Bus[ness fbi o be i)ldeq ~i nfl'icc tRO) D.~rCL ]'he ,'l'l~sgR~nlenl r¢comd( I:~l Donald ', IJl~ill & ~A'i£e a~ Ihe n~ner o! [he ' propert~ Th~ proper[) [~,ltk'ated on , , he ~Otlth side o Rout~. 4b ~¢~1 o )1. B%u~seuu .Ave O.'l'OS~ .~[~ct ) ]-he I',:pmped3, conmms appro~rnatelv I This Local Law [~, cmJlled "A ~ ~OCAL LAW TO AMEND THE ~ ZONING MAP OF ~H~ TO~ ~ .OF SOLJTHO~ BY C~NGING ]:~E ZONING DISTRI~. OF i~M g 1~-0~5.~-05 ~t2 002 ~f'FROKI Ibc General ~ Ihe Re~idenual O(hce ~RO) Disff~t . i, Dcsigna~on." · { · Copies o[.4his Local Law are ~,~vaGable m thc Offi~ of the Town ~ ~Clerk to any rotates[cd ~r~ns dur- ~:,:ing ragu ar bus'ess hours.. , A~, person des~i6g to be' heard 'J, on the proposed amcn~mcm ,hould appear, and has Ihe nght [o dF, pear. . at I~C I~e and phc~ above so [ d~cd. Any ~t~oa al~ has ~ba ngh~ 5oulhold Tov, n Clerk e~me~ pnog the public he,ag or at the pu~hc h~r~g. ' · ' · ' . .BY O~EK OF ~E BOARD 0F THE TOWN OF , SO--OLD, SOUTHOLD, NEW ~ YORK. -'Dated: 9/1'4/~ ' ELIZABE~ A. NEV~LE 'J: SO~O~TO~ CLERK h.~lS~4TS~ '% ' . · .STATE OF NEW YORK) )SS: COUNTY OF SUFFOL, K) ~.~--~ CLFx ~- ~ )'~ t [ tS '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 annexedis a printedc°Py, has been regu- larly published in ,said Newspaper once each week for ~' weeks su~ccessively, commenqing , 'on the <:~-~ day of -- Principal Clerk Sworn to before me this ~Y ~ day of ,~_~_~ 19 NOTARY PUBLIC, STATE OF NEW YORK NO. 52-4~55242, SUF,COL~ COUNTY CO~INHSSION EXPIRES AUGUST 31, CONSULT YOUR L~WYER BEFORE SIGHING THIS IHSTRUMENT - THIS INSTRUMENT SHOULD BE USED BY I. AWryERS ONLY THIS INDENTURE, made the ~ day of March , nineteen hundred and eight~-two BE~EEN HAROLD E. TUTHILL, residing at: (no number) Boisseau Avenue, Southold, New York, 11971 1000 055o ~LO~ 05CY~ party of the first part, and · DONALD TUTHILL, residing at: ~ (no number) BoisseauAvenue, Southold, New York, 11971, and LORNA E. TUTHILL, his wife,· also residing at (no #) Boisseau Ave., Southold: party of the second part, ,'~- WITNES$£TH, that the party of the first part, in consideration of ten dollars and other va~mble consideration paid by the party of the 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, lyingand being in the Town of Southold, County of Suffolk, State of New York, more particularly bounded and described as follows: BEGINNING at a monument set on the southerly side of Middle Road at the northeasterly corner, now or formerly of Barczak and the northwest corner of the premises herein described; THENCE along the southerly side of Middle Road two courses as follows: (1') Northeasterly at a curve to the left having a radius of 2, 325.01 feet, a distance of 241.. 62 feet; (2) Southeasterly on a curve to the right having a radius of 67.23 feet, a disiance of 158.53 feet. to' the westerly line of Boisseau Avenue; THENCE along the westerly line of Boisseau Avenue south 2 degrees 38 minutes 20 seconds west 163.75 feet; THENCE along other land of the party of the first part south 81 degrees minutes 50 sec, Wes~ 278.95 feet to land or formerly of Barczak; THENCE north 8 degrees 57 minutes 30 seconds west along land now or formerl2 of I3arczak 111.54 feet to the point of BEGINNING. DL'-.3T RICT SECTION BLOCK LOT 'E~ 12 17 21 2~ 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 described 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, 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 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 o!her purpose. The word "party" shall'be construed as if it read "Parties" whenever the sense of this indentpre $o requires. IH WITNESS WHEREOF, the party of the first Part has dui)' executed this de&l the daY'and year first above written. IN PRESENCE OF: 22295 i,~.CEIVED ..... . REAL ESTATE MAR -1.9' '19~' -' TF~?,ISFER I'AA SUFFQLK · COl INTV Harold E. Tuthill ARTHUR J. FFI I{~C'