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HomeMy WebLinkAboutLL #55 1999ELIZABETH A. NEVILLE Town Ha/I, 53095 Main Road TOWN CLERK P.O. Box 1179 Southold, New York ] 1971 REGISTRAR OF VITAl. STATISTICS Fax (516) 765 1823 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER Telephone (516) 765-1800 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. 55 OF THE YEAR 1999 A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THAT PART OF THE PARCEL OF PROPERTY KNOWN AS Smffolk Count5 Tax Map (SCTM) # 1000-035.00-01.004)25.000 WHICH IS CURRENTLY IN THE (LB) LIMITED BUSINESS ZONING DISTRICT FROM THE (LB) LIMITED BUSINESS ZONING DISTRICT DESIGNATION TO THE (R-81)) RI~SII)FN I'IAI. [O\~ DENSITY ZONING I)ISTRI('I BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS: Section 1. Legislativc Inlenl 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 ltlstorical 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 aFe intendcd to foster a strong econon~ and which encourage and preserve the existing high quality of life, as more qm~a~ly set forth herein below: 1. Prc~ervaflon of Farmbmd and Agriculture Farmland is a x, nlnnhl~ and dytmmio iud __u~,Xy iR lbo Town of 8outhold. The open farmlands aro nm osly highly cherished for their economic vahe. but for the sc~ai¢ vista~ they ~o,4de. The op~ tpace and ~enet~ cre~te~d by farmland additionally con~tes to ~e c~al~ of life of the residents, while promoting tourism and recreation. 2. Pr~rvation of OImn and R~creationai Spaea The Town of Sonthold relies heavily upon its scenic beanty and open landacap~ for r~ereation, clean air and water, as well as for its attraction to tourists and recreafion..s~kers. The Town has attracted many r, ceond homeowners beenu~e of its "natural ree, ourees, abundance of open space, farms, picturesque villages, and the ever-present waterfront" (Master Plan Update, 1985). Due to this open apace, the Town has a tremendous development potential. Bleak pictures have been l~,ed in a few documoa~ wanung of i,,lfip.type d~velopm~nt, suburban i~rawl and 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 uniquc character is recognized in all of the documents reviewed. Based on the input of Town residents, the Final Reporl and Recommendations s~ales that the two most prevalent and key issues are keeping growth in the existing hamlet centers and preserving thc entrancing thc surrounding rural areas Additionally, the Master Plan Update rcconunends thc provision for "a community of residential hamlets that are comprised of a variety of housing oppurtumties, commercial, service and cultural activines, sel 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 5vithin the Town without destxoyiag its Waditional economic base, the natural environmem of wlfich that base rests, and the unique character and the way of life thal defines the Town" is of utmost imporlance" (Ground Watershed Protection and Walcr Supply Managemenl Strategy) The Masler Plan Update rccoluincnds prcservation of ll/e Town's ll21tllral environn/cllt £rom we~lands lo woodlands and lo "aclficvc a land u~ pattern that is scusilivc lo thc limilM indigenous water supply aud will not degrade thc subsurface water qnality The outstanding needs enumerated below are the culmination of careful comparison of the intent and 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 hamlet commercial centers and to avoid potentially conflicting development strategies for such areas, These outstanding needs we find exisl througliout 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 cultmal activity; 3)To preserve the open, agricultural and rural character of areas outside of the hamlet centers; 4) to provide for a variety of housing opportunities for citizens of dffi'erent incomes and age levels; 5) to enhance thc opportunities for I~lestxian-fri~ly shopping; 6) to ~onam,etotl~ppotlof theTowa'sngri~ultural©eoaomy; 8) to sa~QgthmtheTow~'s ' ' I~lmafine.~omm~salaa/vities; 9) to et~our~tt~l~emrvation~l'pafU~naandput~lloaoo=stotl~wataffro=; 10) to mpporttomi~mby malra~i-i-gand~rengtheaingtheTowa,~az~tsthat fosm-a tomist trade, mm~ly hamlet o'.~,.~-bugam~a, I~torie Im'itnge, are~t~ure, a sen~ of place, of rm'al and open 11) to ~ pt-im~ fermium4; and em~m~ th~ diversification of ngri~ultum; 12) to Immense the Iflstoflc,, ~ am~it~aanl and avahaeologieal r~oumes of the Town; 13) to enstu'e visual quality of hamlet eanter$; 14) to en~ourag~ ~ land urea both imida and out of hamlet centers; 15) lo promote balaneed ecenomy and tax base; 16) to preserve the integrity of the Town's vegelative habilats, including freshwater wetlands and woodlands. Section 2. Enactment ( ~ ) ~MIT~ ~Sl~ zoningdis~clasd~i~t~bythe~n~g~pof thc Town Bas~ upon fl~c aforementioned goals aud idcnlified ll~ds of thc Town and u~n our ~nsiderafion of the r~ommen~tions ~d mmments of our Pla~ing Board, fl~e S~olk C0un~ Pl~ng Commission. our p]auning consu]tanl (CCG) and file public commenl lakcn at d/c public h~fing and (~) ~ I~ ~9~ _ zoning di~cl dcsi~ation from tim (~) ~ ~ / 7~ ~S ] ~ ~G~ ~mng di~ct desi~ation to me (~O ~91 ~7/~ ~W-9~ S i~ ~omng di~ct desi~ation SCTM #1000-035.00-01.00-025.000 All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the SEE SCHEDULE "A" ATTACHED HERETO AND MADE A PART HEREOF Section 3. The zoning map as adopted by section 100-21 of the Town Code of the Town of Southold is hereby amended 1o reflect the within change of zoning district designafon for said parcel. Section 4 THIS LOCAL LAW SHALL TAKE EFFECT IMMEDIATELY UPON FILING WITH THE SECRETARY OF STATE BETH A. NEVILLE SOUTHOLD TOWN CLERK OCTOBER 19, 1999 LOCAL LAW NO, 55 OF THE YEAR 1999. A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THAT PART OF THE PARCEL OF PROPERTY KNOWN AS Suffolk County Tax Map (SCTM) # 1000-035.00-01.00-025.000 WHICH IS CURRENTLY IN THE (LB) LIMITED BUSINESS ZONING DISTRICT FROM THE (LB) LIMITED BUSINESS ZONING DISTRICT DESIGNATION 'FO THE BE IT ENACTED BY THE TOWN BOARD OF TI~:/TOWN OF SOUTHOLD AS FOLLOWS: Section I. Legislative lutent Consistent with our comprehensive land usc 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 pm'cci identified herein as well as other lands; thus, wc 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 ~z~cally ~et forth here~n below: 1. Preservation of Farmland and Agriculture Farmland is a valuable and dym~mlc indugay in the Town of SouthokL The open farmlands are not only highly cherisl~l 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 Southold relies heavil-~ upon its scenic beauly an~ open landscapes recreation, clean air and water, as well as for its at'wa~fion to tourists and recreation-seekers. The Town has attracted many second homeowners because of its "natural resource, abundance of open space, farms, picture~que villages, and ~e ever-presem waterfront" (M,~st~ er Plan Update, 1985). Due to this open space, the Town has a tremendou~ development potential. Bleak pictures have b~en painted in a f~w docum~ts, warning of strip-type dovelopmont, suburban sprawl and a tazzmtty for tho iw~t~al IhtUro ttoMs of tho 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 recognized in all of the documents reviewed. Based on the input of Town residents, the Final Report and Recommendations states that thc two most prevalent and key issues arc 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 cmnmercial 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 wlfich that base rests, and the unique character and the way of life that defines the Town" is of utmost importance" (Ground Watershed Pro~eclion and Water Supply Management Strategy). The Master Plan Updale ~oodland$ and to "achieve a land usc pallertl that is scnsill'~c to ltlc limited indigcnot~s water supply and will not degrade the subsurface water qnality The outstanding needs enumerated below are the culmination of carehl comparison of the intent and objectives of the town (as slated in past land use plans and studies) and the currently existing conditions along the Counly Route 48 corridor. These needs reflect the pasl 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 hamlet commercial centers and to avoid potentially conflicting development strategies for such areas. These outstanding needs we find exist throughout fl~e 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 quali .ty and quantity 2) To mmntain 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 the hamlet centers; 4) to provide for a variety of housing opportunities for citizens of different incomes and age levels; 5) to enhance the opportunities for lxxlestfian-friandly shopping; 6) to (:Ol~tim~ to th~ $tlppOrt of the Town's agricultural economy; 7) to max4mi~ th~ Town's nv/a,val asse~ incl;ulin§ ils ~;xmstal location and agricul~ ~, ~ 8) to ~,h~a~gthen the Town's m.,~rine-l~r~ational and marine-comm~reial activities; 9) to ~-ge the prorogation of parkland and public am to the waterfront; 10) to support tourism by mainmlning and str~gthening the Town's usseT/s that foster a tourist trade, namely hamlet center businesses, historic heritage, arshitecture, a sense of place, of rural and open chamct~, agfienltur~ and marine activities; 11) to preserve prime farmland; and encourage the diwrsification of agriculture; 12) to preserve the historic, cultural, arehit~ctm'al and archaeological resourees of the Town; 13) to ensure visual quality of hamlet centers; 14) to encuumge appropriate land ur,~ both inside and out of hamlet centers; 15) to promote balanced economy and tax base; 16) to preserve the integrity oftbe Town's vegetative habitats, including freshwater wetlands and woodlands. Section 2. Enactment SCTM # I 0~0 - 035.00 --O I. O0 -~nOorc~fully described herein ~low A ( ~ ) ~MIT~ ~/N~¢ zoningdismctasd~i~t~bythe~n~g~pof the Town Bas~ upon rite aforementioncd goals and idcntified needs of the Town and upon our consideration of the r~ommen~tions ~d ~mments of our Plamfing Board. ~e S~olk Coun~ Piing Commission. our planning consullanl (CCG) and thc public commcnl laken al thc public b~dng and (~) ~ I~ ~¢¢% ~omng di~ict designation from the (~) ~ ~ I~ ~S1~ ~G~ zo~ng di~ct desi~ation to lhe (~ ~t ~7]~ ~W ~ $ i~ zoning di~cl desi~ation SCTM # 1000-035.00-01.00-025.000 All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the SEE SCHEDULE "A" ATTACHED HERETO AND MADE A PART HEREOF Section 3. The zoning map as adopted by section 100-21 of the Town Code of the Town of Southold is hereby amended lo reflect the within change of zoning districl designation for said parcel. Section 4. THIS LOCAL LAW SHALL TAKE EFFECT IMMEDIATELY UPON FILING WITH THE SECRETARY OF STATE Local Law Filing 41 STATE STREET, 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. Z:iq< of .............................. .$.o. ~ .t_h..Q! .O. .............................................. Town LOCAL LAW NO. 55 OF THE YEAR I999. A LOCAL LAW TO CHANGE ~ ZONING DISTRICT DESIGNATION OF THAT PART OF THE PARCEL OF PROPER'f~ KNOWN AS Suffolk dounty Tax Map (SdqWl) # 1000-035.00-01.00-025.000 WHICH IS CURRENTLY IN THE (LB) LIMITED BUSINESS ZONING DISTRICT FROM THE (LB) LIMITED BUSINESS 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: Please see attach6xL (If additional space Is needed, attach pages the same size ns ~ls sheet, and amber- each.) LOCAL LAW NO. 55 OF THE YEAR 1999. A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THAT PART OF THE PARCEL OF PROPERTY KNOWN AS Suffolk County Tax Map (SCTM) # 1000-035.00-01.00-025.000 WHICH IS CURRENTLY IN THE (LB) LIMITED BUSINESS ZONING DISTRICT FROM THE (LB) LIMITED BUS[NESS ZONING DISTRICT DESIGNATION TO THE (R-gO) RESIDENTIAL LOW DENSITY ZONING DISTRICT DESIGNATION. BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS: Section 1. Legislative lntent Consistent with our comprehensive land -se 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 Laud 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) Preservatiou of Farmland and Agriculture; (2) Preservation of Open and Recreational Space; O) Preservation of the Rural, Cultural, Coramereial 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 eeonomy and which encourage and preaerve the existing high quali~ of life, a~ more specifically set forth herein below: L Preservation of Farmland and Agriculture Farmland is a valuable and dynamic indusJ~ 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 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 secend homeowners because of its "natural remurees, 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 6evdopment, suburban ~a'awl and water ~upply i~'ue~. Tim ln~tvalion of ~ and recreational ~ is not only aeanl~d¢, but also a nmeasity for the l~-at a~d futura n~la of the Town. ~ ~ ~ ~a~- STATE OF NEW YORK) A___~m~ 'm~ ZO~O M~P-~ )SS: ~ TO~ OF SO~O~ BY CaX~ ~ ZO~ mS* COUN~ ~ T~t~ OF S~, ~o t~- ~ ¢ ~ ({ [I 5 of Mat~tuck, m s~d 03~,~0L~2~.~ FROM the ~t~ S~ (~) D~ ~ CO.W, being d~y sworn, says ~at he/she is Di,,m,. ~cip~ clerk of THE SUFFOLK TIMES, a Matntuck. PUSUc sO~ ~s ~ wee~y newspaper, pub~shed at GI~N i~l ~m~t to ~ ~ of ~ r~ ~ ~- ~e To~ of Sou~old, County of S~folk ~d ~a~ ot ,~ ~ of ~ T~ of State of New York, ~d ~at the No~ce of w~ch Southold, S~k ~. ~New ~o~. m,, ~ T~ ~ of th~ ~e ~ed is a p~ted copy, has been regu- ~n of ~ ~ ~ · ~ l~ly pub~shed ~ s~d Newspaper once each ~c~a~w nt ,~ ~ ~ ~ ~ week for ~ weeks s~ccessively, m~ ~A~ ~ ~ ~ commencigg 9n ~ the,~ ~ra day ~ui~, ~ Y~. ~ 1~ i.m,, ~oft~w~ · e ~ ~ ~ ~ P~ctp~ Clerk ~ ~~ ~ Sworn to beEre me ~ ~ ~,~.~) day of ~/~Z 19 ~ ~-~nsity ~. ~ ~ ~ ~ARY DIANA [0SIE c merit r~d I~ ~ ~ ~ NOTARY PU BLOC, Slhl[ 0f NEW YORKw ~ ~ m ~ ~ ~ NO. 524655242, SUf~OU/COUN-- ~o~. ~ ~ b ~ on COMMISSION EXPIRES AUGUSI ZI,~C the in~t~ ~ R~ ~ ~d Ma~ Ave.. ~ ~y wn- taim a~ately 145 ~. LOCAL ~W ~ CHA~E ~E ZONING DISTRI~ DES- IGniTION OF ~11' P~ OF THE PARCEL OF ~OPER~ KNO~ AS S~ ~ PlO l~ 035.~-01.~025;~ WHICH IS CURRE~LY IN ~E LIMED BUSINESS (LB) DIS~[~ FROM ~E LIMI~D BUSINE~ (LB) DiSTRI~ TO ~E R-~ RESIDENTIAL LOW-DENSI~ DISTRI~. ~pies of this ~l ~W are available in ihe Offi~ ~ t~ ~ C{erk to'any i~te~t~ ~m dur- ~g regular busin~ hour. Any ~n des/finE lo ~ ~ on th~ ~o~d a~nd~nt s~uld a~ar, and has ~e fl~i to a~ar, at lhe time and p~ a~v~ ~ S~- ilia, Any ~a a~ h~ ~ ~i to su~{i ~en ~ to ~e ~uthold Town Cle~ ei~er p~or to the public hea~ng or ai the pab{k Beari~. BY ORDER OF ~E ~ BOARD OF ~E TOWN OF SO~O~, SOU~OLD, NEW YORK. DaSd: ~1~ ELIZA~E~ ~ NEVILLE SO--OLD ~ 1~31-1~ CONSULT YOUR L~WYER BEFOR[ SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY L~WYERS ONLY. ~'~/7[ ~o TH[qlND.ENTUR~ made the /~yof ~aZch ,ninctecnhundred~dn~naCY-n~ne LBV PROPERTIES, LLC, having an office at 888 Veterans Memorial Highway, Suite 520, ~rty o~ th~ ~r~ ~, ~d PECONIC LANDING AT SOUTHOLD, INC., having an office at Feather Hill, Route 25, P.O. Box 430, Southold, New York 11971, party of the second part, WrFNF,~'r., that the party of the first part, in consider,~tio,~ of Ten D.o, llars ~x~do~tht~; paid by the ~y of the se~nd ~rt, does hereby grant an~ remase unto me ~ty s~nd ~, the heirs or succ~sors and assi~s of the party of the se~nd ~rt forever, ~ that certain pIot, piece or parcel of ~d, ~th ~e buildings ~d improv~en~ thereon erred, sit.re, lying and ~ing in ~e SEE SCHEDULE "A" ATTACHED HERETO AND MADE A PART HEREOF The party of the second part covenants that in the event that within five (5) years from the date hereof, the party of the second part shall convey all or any portion of the premises conveyed by this deed to an entity other than a nonprofit entity or an affiliate of the party of the second part (providing that such nonprofit entity or affiliate shall be engaged in the business of developing, owning or operating a life care community to be located on the premises), then fifty (50%) percent of the portion of the purchase price paid therefor which is in excess of $8,200,000.00 shall be paid over to the party of the first part at the time of such conveyance as ~dditional consideration for the conveyance. This covenant shall terminate on the earlier of (a) March 15, 2004 or (b) upon the construction of a life care facility on the premises. For the purposes of this covenant only, the party of.the second part has executed this deed. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines ther~f; TOGETHER wkh the appurtenances and all the estate and rights of the party of the first part in and to mid premises; TO HAVE AND TO HOLD the premises herein granted unto the party of Se second part, the heirs or succes~rs and ~signs of the party of the second part forever. AND the party of the first pa~t covenants that the party of the first part has not done or suffered anything wheroby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of '~he first part, in compliance with Section 13 of the Lien Law, covenants that the party .the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the Same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WlTNF-.S$ WHEREOF, the party of the first part has duly executed this deed the day and year first above written. PECONIC LANDING A SOHTHOLD,