HomeMy WebLinkAboutLL #54 1999 ELIZABETH A. NEVILLE Town Hall, 53095 Main Road
TOWN CLERK P.O. Box 1179
$outho]d, New York 11971
REGISTRAR OF VITAL STATISTICS Fax (516/765-1823
MARRIAGE OFFICER Telephone (5161 765 1800
RECORDS MANAGEMENT OFFICE R
FREEDOM OF INFORMATION OFFICER
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. 54 OF THE YEAR 1999.
A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THE PARCEL
OF PROPERTY KNOWN AS Suffolk County Tax Map (SCTM) # 1000-04000-04.00-001 000
FROM THE
(HD) HAMLET DENSITY ZONING DISTRICT DESIGNATION TO THE
(R-80) RESIDENTIAL LOW DENSITY 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 hy 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; O) Preservation of the Rural, Cultural, Commercial and Itistorical Character of
the Hamlets'and Surrounding Areas; (4) Preservation of the Natural Environment; ~vhich 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 ot~ Farmland and Agriculture
Fannland i~ a valuable and dynnmic ~ ia th~ Town of Southold. The open
re~ide~t~, while promoting tomkm and ~
2. P~servation of Open and Recreational Space
Thc Town of Southold relies heavily upon its scenic beauty and open landscapes for
recr~tion, dean air and water, as well as for its attraction to tourists and recr~tionq~s. The
Town has aitracted many seoond homeowners because of its 'natural resources, abundsn~ of
open space, farms,, pi~uresque villages, and the ever-pre.hi waterfront" (lvtaster Plan Update,
1985). Due to this open space, the Town bas a tremendous development potential. Bleak pictures
have been painted in a low 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 fmure needs of the Town.
3. Preservation of the Rural, Cultural, Commercial and Historical Character of the
lhmlm and iu ~mlmdl~
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, commemial, service and cultural activities, set in
an open or rural atmosphere and supported by a diversified economic base (including agriculture, marine
coinmcrcial 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 enviroment 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 Su-atc~9. The Master Plan Update
recommends preservation of the Town's natural environment from wetlands to
woodlands and to "achieve 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 studics) and thc currentl.,, existing conditions
along the County Route 48 comdor. These needs reflect the past and presem vision of the Town and die
work that still needs to be done due to the proximity of County Route 48 to the bamlet 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 ) lo 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
activity;
3) To preserve the open, agricultural and rural character of areas outside of ~t~e hamlet centers;
4) to provide for a variety of housing opportunities for cilizens of different incomes and age levels;
5) to enhance the opportunities for pedearian-friendly shopping;
6) to continue to the support of the Town's agricultural economy;
7) to maximize the Town's natural assets, including its coastal location and agricultural base, by
balancing commercial, residential and recreational uses:
8) to slrengthen the Town's marine-recreational and manna-commercial activities;
9) to encourage the preservation of parldand and public access to the waterfront;
10) to support tourism by ll~nintnlning 8lld b'lll~il~.~ll~ the Town's assets that foster a tourist trade,
nam~ h~,~,~l ~ ~ ~l~t.~.o .'.n~. ~ al~ahit~'u~ a s~s, of place, of lllral arid open
11) to pres*~ prlm~ r~-~a; and ~
12) to pl'eser~ ~l~lfistor~ Ils_.li-i~i, ~lilte~md 8ndarclmeologicel reso~oes of tim Town;
13) to enaurevisual q~fllltofk'nvlet 0~t~s;
14) to enoomage app~o~alate land. uses both inside and out of haml~ centers;
15) to promote balanced economy and tsx base;
16) to preserve thc integrity of thc Town's vegetative habitats, including freshwater wcllands and
woodlands
S~tion 2. Enactment
Therefore~ based upon the aforementioned goals and identified needs of lhe Town and upon our
consideration of the recommendations and comments of our Planning Board. the Suffolk County planmng
Commission. our planning consultant (CCG) and the public comment taken at the public healing and
olhcI~vise, we hereby change the zoning district dcsignatioo for tile parcel known as
SCTM# ~O00-OtJO-OD-O4''00-001' 00 (and as more fully described
herein below) from tile
(',
SCTIvl #1000-040.00-04.00-001.000
ALL TitAT CERTAIN plot, piece or parcel of land with the buildings and
improvements thereon erected, situate, lying and being in the Town of Southold, near
Greenport, County of Suffolk and State of New York bounded and described as
follows:
BEGINNING at a monument on the southerly side of Middle Road (CR. 48; North
Road), where the same is intersected by the westerly side of land now or formerly of
the Village of Greenport, which point is distant 350.68 feet westerly from the comer
formed by the intersection of the southerly side of said Ivfiddle Road with the westerly
side of Moore's Lane, and from said point of beginning;
RUNNING THENCE still along said land, South 84 degrees 53 minutes 30 seconds
West, 474.24 feet;
RUNNING THENCE still along said land, North 04 degrees 06 minutes I0 seconds
West, 830.50 feet to a monument set in the southerly side of said Middle Road;
RUNNING THENCE along the southerly side of said Middle Road, North 55 degrees
01 minutes 10 seconds East, 554.24 feet to the point or place of BEGINNING
Section 3.
The zoning map as adopted by section 100-21 of the Town Code of fl~e Town of Southold is
hereby amended to reflect the witlfin clumge of zoning dislric! designation for said parcel
Section 4
THIS LOCAL LAW SHALL TAKE EIq~ECT IMMEDIATELY UPON FILING WITH THE
SECRETARY OF STATE
H A. NEVILLE
$OUTHOLD TOWN CLERK
OCTOBER 19. 1999
LOCAL LAW NO. 54 OF THE YEAR t999.
A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THE PARCEL
OF PROPERTY KNOWN AS Suffolk Counly Tax Map (SCTM) # 10004)40 00-04 00-001.000
FROM THE
(HD) HAMLET DENSITY ZONING DISTRICT DESIGNATION TO THE
IR-80) RESIDENTIAL LOW DENSITY ZONING DISTRICT DESIGNATION
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS:
Section 1. Legislative lntcnt
Consistent with our comprehensive land use plan and our established objectives and goals as
reflected by the existing zoning patterns within thc 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 re~4se 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 beld by residents and Io~al public officials of the Town and which are
intended to foster a strong economy and which encourage and preserve thc existing high quality of
lif~, as more specifically sc~ 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 highly ~ for their economic value, but for the scenic vistas they provide.
T~e opm sp~ce and scem~y O~ed by farmland additionally contributes to the quality of lif~ of the
resklents, while promoting tourism ami rna-cation.
2. Preservation of Open and Recreational Space
The Town of Southold relies heavily upon its scenic I~.auty and open lands~pes for
recreation, clean air and water, as well as for its atlractinn to tomists and recrcafionq;eekers. The
Town has attracted many second homeowners bc~ans¢ of its ~natuml resource, abandan~ of
open space, farms, picturesque villages, and the ¢vor-present waterfront" (Master Plan Update,
I985). Due to this open space, the Town has a tremendous development potential. Bleak pictures
have been painted in a few doeumants, warning of strip-type development, suhuffoan sprawl and
water supply issues. The presc~afion of opon and recreational space is not only aesthetic, but also
a necessity for the present and future needs of tile Town
3. Preservation of the Rural, Cultural, Commercial and Historical Character of the
are keeping growth in the existing hamlet centers and preserving the enhancing the sun'ounding rural areas.
Additionally, the Master Plan Update recommends the provision for "a communiB, 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 ag~culture, 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 ~ests, 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 Town's natural envirotunent from wetlands to
woodlands and to "achieve a land use pattern thut is sensitive to the limited indigenous
water supply and will not degrade the subsurface water quality.
obj~l~vcs of Ihe town (as slat~ in pa~ l~d u~ plans and studies) and II~e c~enll) existing ~nditioas
along ~e CounW Route 48 mmdor. ~e~ n~s refl~t ~e ~st ~d premm vision of the Town ~d the
work ~1 still n~s Io ~ done due to ~e pm~miw of CounW Route 48 lo ~e ~et m~emi~
~d to avoid ~tenti~ly m~i~ing d~elopment s~tegi~ for such ~ms. ~e~ out~an~ng n~s we find
exi~ ~oughout ~e Tom ~d ~e ~ffi~lly identifi~ as follows:
1 ) 1o provide for ~able l~d u~ developmen~ at levels of intensifies whch ~e ~nsitive to subsuffa~
water qmliw and quantity
2) To mtn/sin ~d stren~en hamle~ ~nte~ as the focus of~mmercial, residential. ~d
aclivi~,;
3) To pre~c the o~m agric~tml ~d mr~ character of ar~s outside of the Immlet centers;
4) to provide for a v~iety of ho~g op~mties for cilkens of different in~mes ~d age levels;
5) to e~ ~e op~mfies for ~-ffien~y shoppi~;
6) to ~n~ue to the sup~ of the To~'s a~cull~ ~nomy;
7) to ma~ze the To~'s nat~ a~, inclu~g its ~astal I~tion ~d a~ml~ ba~, by
bal~cing ~mme~al, ~sidenti~ ~d ~fioml
8) to s~e~en ~e Town's ~ne-mtiunM ~d ~ne~mmerciM a~ivi~ies;
9) to en~umge ~e p~afion of ~ ~d public a~s to ~e wateffrom;
10) m ~n t~m by ~ ~ ~mg ~c Town's am ~t f~r a mm~ ~dc,
13) to
14) to ~ge a~ro~ ~ ~ ~ ~ide ~d out of ~ct
15) to ~mote ~1~ ~nomy ~d m ~;
16) to p~e ~e inte~W of the Tom's vegetative Mbi~t[ inclu~ ~hwater wefl~
w~l~.
Section 2. Enaclmem
Therefore, based upon the aforementioned goals and idcnlified needs of thc Town and upon our
consideration of thc recommendations and comments of our Planning Board. the Suffolk Courtly Plam~ing
Commission, our planning consultant (CCG) and the public comment taken at the public beanng and
olherxvise, we hereby change the zoning district designation for the parcel known as
SCTM# ~O00-OdrO.OO--04~,O0-O01. O0 (and as more fully described
herein below) from the
(~
SCTM #1000-040.00-04.00-001.000
ALL TItAT CERTAIN plot, piece or parcel of land with the buildings and
improvements thereon erected, situate, lying and being in the Town of Southold, near
Greenport, County of Suffolk and State of New York bounded and described as
follows:
BEGINNING at a monument on the southerly side of Middle Road (C.R. 48; North
Road), where the same is intersected by the westerly side of land now or formerly of
the Village of CJreenport, which point is distant 350.68 feet Westerly from the comer
formed by the intersection of the southerly side of said Middle Road with the westerly
side of Moore's Lane, and from said point of beginning;
i l()o 60 ~'cet;
RUNNING THENCE still along said land, South 84 degrees 53 minutes 30 seconds
West, 474.24 feet;
RUNNiNG THENCE still along said land, North 04 degrees 06 minutes 10 seconds
West, 830.50 feet to a monument set in the southerly side of said Middle Road;
RUNNING THENCE along the southerly side of said Middle Road, North 55 degrees
01 minutes 10 seconds East, 554.24 feet to the point or place of BEGINNING.
Section 3.
The zoning map as adopted by section 100-21 of the Town Code of Ihe Town of Southold is
hereby amended to reflect the within clmnge of zoning district designation for said parcel.
Scction 4.
THIS LOCAL LAW SHALL TAKE EFFECT IMMEDIATELY UPON FILING WITH THE
SECRETARY OF S~FATE
Local Law Fil , g :w YoR[sTATE OEP TM .T OFST^
41 STATES'FREE'T, ALBANy, Ny 12231
(Use this form to file a local 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.
lCYoX or .............................. .s..o..u..t.h..o. ! ~ ..............................................
Town
xm~x
LOCAL LAW NO. 54 OF THE YEAR 1999.
A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THE PARCEL
OF PROPERTY KNOWN AS Suffolk CounD' Tax Map (SCTM) # 10004)40.00-04.00-001.000
FROM THE
(HD) HAMLET DENSITY ZONING DISTRICT DESIGNATION TO THE
(R-80) RESIDENTIAL LOW DENSITY ZONING DISTRICT DESIGNATION.
BE IT ENACTED BY THE TOWN BOARD OF ~ TOWN OF SOUTHOLD AS FOLLOWS:
Please see attached.
(If additional space la needed, attach pages the same size as this sheet, and number each.)
(1)
LOCAL LAW NO. 54 OF THE YEAR 1999.
A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THE PARCEL
OF PROPERTY KNOWN AS Suffolk Coun .ty Tax Map (SCTM) # 1000-040.00-04.00-001.000
FROM THE
(HI)) HAMLET DENS1TY ZONING DISTRICT DESIGNATION TO THE
(R-80) RESIDENTIAL LOW DENSITY 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 of Farmland and Agriculture
Farmland is a valuable and dynamic industry in the Town of Southold. The open
farmlands are not only highly cherished for theft economic value, but for the scenic vistas they provide.
The open space and scene~j created by farmland additionally contributes to the quality of life of the
residents, while promoting tourism and recreatior[
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 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 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.
Preaervation of the Rural, Cultural, Commercial and llistorical Character of the
Hamlets and Surrounding Areas
~ Tovm of Southold is renowned fer its rur~, coltural, ~ a~d histeric
character. This unique char~_~ is recoil=ed in ali of ~he documents r~viewed. Based o~ tho input of
Town residems, ~he Final Report and Recommendations smtea tha~ the lwo most prevsle~t ~.d key issues
NOTICE OF PUBUC H~AR-
ING ON A LOCAL LAW TO
AMEND THE ZONING MAP OF
THE TOWN OF SOUTHOLD BY STATE Ob' NEW YORK)
CHANGING THE ZONING DIS- )SS:
TRICT OF SC'TM # 1000-040.00-
04.00-001.000 FROM the Hamlet COUNTY OF
Density District (HD) to the k."~¢ Od% ~- L() ~ { [ ~ ~ of Mattituck, in said
Residential Low-Density District
(R80). county, being duly sworn, says that he/she
PUBLIC NOTICE IS HEREBY
GIVEN that Pursuant to Section Principal clerk of THE SUFFOLK TIMES, a
265 of the Town Law and require- weekly newspaper, published at Mattltuck, in
ment~ of the Code of the Town of
$outhold, SuB'olk Count}', Now the Town of Southold, County of Suffolk and
York, that the Town Board of the State of New York, and that the Notice of which
Town of Soothold will ~ · PU~-
tlc aEARINO o~ a~e ao,,~a the annexed is a printed copy, has been regu-
LOCAL L~W at the $OUTHOLD
said
Newspaper
each
TOWN HALL. 53095 Main Road, laFly pUous.leu
once
Southo~d, Now yo~k, at 9~ p.,~, week for ~ weeks su~ccesslvely,
Monday, October 4,1999; the Public
Hearing will be continued on commenc, ing, on the c~')rc~ day
~, o, to~r ~. 1~ n, ,:~o of ~-b~ ]h'~q~fklQLg' 19~. .
~-,~ m ~ f,~ t~ clpal Clerk
'04
(mo). ~ ~ sms~ k Sworn to before me this
the oWa~ of the property. The prop- day of ',~. 19
Route 48 west of the intersection of
Route 48 and Moorcs Lane (cross ~ MARY DIANA FOSTER
street). The property contains NOTARY PLJ(~LIC, STATE OF N~ YORK
approximately 11.5 acres. NO. 524655242, SUFFOLK COUHTY
This Local Law is entitled, "A C0h~r. IlSSION EXPIRESAUGDST31,~.OOt
LOCAL LAW TO AMEND THE
zom~qo MAP OF THE TOWN
Tl-ffi .ION~O Dlg'~ICT OF
Rnsi~enlla] LoW-Density District
Dcslgnntlon (RS0)."
Copies of this Local Law arc
availabln in the Office of the Town
Clerk to any interested pe?~ons dur-
ing regular business hours.
Any person desiring to be heard
on thc proposed amendment should
appear, ~md has the right to appear,
at thc tima and place above so spec-
ified. Any person also has the right
to submit written comments to the
Southold Town Clerk either prior to
thc public bearing or at thc public
hearing.
BY ORDER OF THE TOWN
BOARD OF THE TOWN OF
SOUTHOLD, SOUTHOLD, NEW
YORK.
Dated: 9/14/99
ELIZABETH A. NEVILLE
SOUTHOLD TOWN CLERK
1887-1TS23
Ex~utor's Deed - Individual or Cmporation. N.Y.B,T.U. Form 8010
CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT -THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY.
THIS INDENTURE, made the '~7~' day of January, nineteen hundred and ninety-nine
BETWEEN,
MARION M. GEIER, residing at (Nog) Old Airport Road, Box 30, Newport, NC 28570, as executor
0fthe last will and testament of JOIIN R. GEllER, who died on the 13th day of April, nineteen hundred
and ninety-one, the party of the first part, and
SUFFOLK COUNTY WATER AUTHORITY, residing at 4060 Sunrise Highway, Oakdale, NY
11769, party of the second part,
Witnesseth, that the party of the first part, to whom letters testamentary were issued by the Surrogate's
Court, Suffolk County, New York on June 15, 1992, and by virtue of the power and authority given in
and by said last will and testament and/or by Article 11 of the Estates, Powers and Trusts Law, and in
consideration of TWO HUNDRED THOUSAND ($200,000.00) DOLLARS, paid by the party of the
second part, does hereby grant and release unto the party of the second part, the distributees or
successors and assigns of the party of the second part forever,
ALL TIIAT CERTAIN plot, piece or parcel of land with the buildings and improvements thereon
erectzd, situate, lying and being in the Town of Southold, near Greenport, County of Suffolk and State of
New York, bounded and described as follows:
BEGINNING at a monument on the southerly side of Middle Road (C.R. 48; North Road), where the
same is intersected by the westerly side of land now or formerly of the Village of Greenport, which point
is distant 350.68 feet westerly from the comer formed by the intersection of the southerly side of said
Middle Road with the westerly side of Moore's Lane, and from said point of beginning;
RUNNING THENCE along said land, South 04 degrees 01 minutes 10 seconds East, 1106.60 feet;
RUNNING THENCE still along said land, South 84 degrees 53 minutes 30 seconds West, 474.24 feet;
RUNNING THENCE still along said land, North 04 degrees 06 minutes 10 seconds West, 830.50 feet to
a monument set in the southerly side of said Middle Road;
RUNNING THENCE along the southerly side of said Middle Road, North 55 degrees 01 minutes 10
seconds East, 554.24 feet to the point or place of BEGINNING.
TOGETItER 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 line thereof,
TOGETHER with the appurtenances, and also the estate which the said decedent had at the time of
decedent's death in said premises, and also the estate therein, which the party of the first part has or has
the power to convey or dispose of, whether individually, or by virtue of said will or otherwise,