HomeMy WebLinkAbout1000-122.-4-44.2
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ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
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Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
sou tholdtown.northfork.net
OFFICE OF THE TOWN CLE
TOWN OF SOUTH OLD
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THIS IS TO CERTIFY THAT THE FOLLOWING RESOLU
WAS ADOPTED AT THE REGULAR MEETING OF THE S
ON SEPTEMBER 23, 2003:
WHEREAS the Southold Town Board intends to ratify a previous zone change to conform to
the Town Code and other legal requirements, and
WHEREAS, the petitioner has requested to amend the Zoning Map ofthe Town of Southold by
changing the Zoning District designation ofSCTM# 1000-122-4- 44.2 from Low Density
Residential (R-80) District to Marine (M-I); and
WHEREAS, the Local Law is entitled, .. A LOCAL LAW TO AMEND THE ZONING MAP
OF THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT
DESIGNATION OF SCTM # 1000-122-4- 44.2 from LOW DENSITY RESIDENTIAL (R-80)
DISTRICT TO MARINE (M-I )"; now therefore be it
RESOLVED that pursuant to Section 265 of the Town Law and requirements of the Code of the
Town of South old, Suffolk County, New York, the Town Board of the Town of South old will
hold a public hearinl! on the aforesaid local law at the Southold Town Hall, 53095 Main
Road, Southold. New York at 5:05 p.m., Tuesdav, October 21, 2003. The purpose of this
Local Law is to ratify the change of Zoning District Designation of SCTM# 1000-122-4- 44.2
from Low Density Residential (R-80) District to Marine (M-I). The petitioner for this request is
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the Town Board of the Town of Southold. The petitioner for the original zone change was
Strong's Marine. The property is approximately 8.46 acres and is located at the end of a right-of-
way off Camp Mineola Road, adjacent to James Creek, Mattituck, New York.
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Elizabeth A. Neville
Southold Town Clerk
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Richard G. Ward, Chairman
George R~chie Latham, Jr.
Bennett O~owski, Jr.
Mari< S. McDonald
Kenneth L. Edwards
Town Hall, 53095 Main Road
P. O. Box 1179
Southold, New Vori< 11971
Fax (516) 765-3136
Telephone (516) 765-1938
PLANNING BOARD MEMBERS
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
RECEIVED
MAY 5 1995
TO:
FROM:
RE:
DATE:
Judith T. Terry. Southold Town Clerk
Richard G. Ward, Chairman ~
SoulhoId T nwn CIeri<
Petition of Strong's Marine for change of zone
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May 1. 1995
The Planning Board has reviewed the change of zone application
of Strong's Marine.
Ordinarily. the PB would not recommend the extension of the MI
zone into fragile wetland areas. However. in this case. the 1989
designation of this property into MI with a narrow, (160'
average). strip of R-80 zoning is difficult to justify. If the
intent of so doing was to provide a buffer for the residential
zoning across the creek. the applicant's offer to provide a
scenic easement across the northern edge of the marina will have
the same result.
The applicant needs the additional land to place 190 linear
feet. (190'). of rack storage units for the storage of boats in
the winter. and the addition of 26 parking spaces.
The PB suggests that in accepting the offer of the scenic
easement. that that the applicant be asked to show the metes and
bounds of the east and west edges of this easement line. The
intent of showing such a line is to prevent any disputes about
the exact location of the line. The PB has discussed this with
the applicant, who is willing to add that additional information
to the property deed.
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Our understanding is that the vegetation on the land between the
scenic easement and the waters edge will be left alone, so as to
provide a visual buffer between the rack storage units and the
residential homes across the creek. When we accept or place
scenic easements on property, we typically require the terms of
the easement be filed as a declaration of Covenant and
Restrictions in order to prevent future problems or
disagreements about the permitted use of the land under the
easement. We suggest the Town Board consider the same in this
application.
In this particular case, the PB does not see the need to
require the supplementing of the existing vegetative buffer.
However, the removal of the existing vegetation should be
prohibited.
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JUDITH T. TERRY
TOWN CLERK
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON SEPTEMBER 5. 1995:
RESOLVED that the Town Board of the Town of Southold hereby amends
resolution no. 16, adopted on August 22, 1995. grantLng a change of zone to
Strong's Marine, Inc., by changing subparagraph b. to read as follows:
b. That there shall be a 50-foot scenic easement as shown on the Survey
for Zoning change as submitted by Peconic Surveyors, PC, under date
of March 1. 1995.
The resolution granting the Strong's Marine. Inc. change of zone petition reads
as follows:
WHEREAS, Strong's Marine, Inc., by petition filed April 12, 1995, applied to the
Town Board of the Town of Southold for a change of zone on certain property
located at the end of a right-of-way off Camp Mineola Road, and adjacent to
James Creek, Mattituck, New York, (SCTM #1000-122-4-44.2), from Low Density
Residential (R-80) District to Marine (M-1) District; and
WHEREAS, said petition was referred to the Southold Town Planning Board and
the Suffolk County Department of Planning for official recommendations and
reports; and
WHEREAS, the Trustees and Planning Board have recommended the proposed
rezoning and will be reviewing any development of the property pursuant to site
plan and wetland regulations: and
WHEREAS, the subject property is adjacent to an existing marina and the
Comprehensive Plan calls for efficient use of the limited areas available for
marina uses; and
WHEREAS, the subject property, together with the existing marina, is located on
a peninsula and are geographically separated from surrounding residential uses,
which separation will be preserved by the following conditions:
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WHEREAS, a Negative Declaration was issued on June 22,. 1995 which found
that the proposed rezoning would not have a significant effect on the
environment: and
WHEREAS, the Town Board, pursuant to due notice, held a public hearing
thereon on the 25th day of July, 1995, at which time all interested persons were
given an opportunity to be heard; now, therefore, be it
RESOLVED that the proposed rezoning is found to be consistent with the
Town's Comprehensive Plan; and be it further
RESOLVED that Strong's Marine, Inc. be and hereby is granted a change of
zone from Low Density Residential (R-80) District to Marine (M-1) District on the
following described property: Beginning at the northeasterly comer of the parcel
about to be described, which comer is located the following six (6) courses and
distances from a point on the easterly side of Olejulane, which point is 154.97
feet southerly from the point on the easterly side of Olejulane, which point is
154.97 feet southerly from the point on the easterly side of Olejulane, which
point is 154.97 feet southerly from the intersection of the southerly side of Kraus
Road and the easterly side of Olejulane: (1) South 80 degrees 39 minutes 10
seconds East, 423.36 feet; (2) South 11 degrees 22 minutes 50 seconds West,
174.33 feet; (3) South 22 degrees 13 minutes 00 seconds West, 293.00 feet; (4)
South 57 degrees 21 minutes 20 seconds West, 100.99 feet; (5) South 44
degrees 10 minutes 10 seconds West, 160.97 feet; (6) South 35 degrees 19
minutes 00 seconds West, 95.30 feet; running thence from the true point or
place of beginning, South 35 degrees 19 minutes 00 seconds West, 302.73 feet;
thence South 18 degrees 48 minutes 20 seconds East, 106.14 feet; thence
South 71 degrees 11 minutes 40 seconds West, 380 feet, more or less, to the
ordinary high water mark of James Creek; thence along the ordinary high water
mark of James Creek, and a dredged canal, a distance of 850 feet to a point and
lands now or formerly of E. E. Wilsberg; thence South 30 degrees 29 minutes 40
seconds East, 85 feet, more or less, to the point of beginning; all to be condi-
tioned upon the execution and recording of C&Rs by the property owner in a
form acceptable to the Town Attorney and which make the following covenants:
a. That no boat rack be located within 100 feet of the northerly tie line
(along the dredged canal) of the parcel; and
b. That there shall be a 50-foot scenic easement as shown on the Survey
for Zoning change as submitted by Peconic Surveyors, PC, under date
of March 1, 1995; and
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c. That there shall be no dockage north of the northerly tie line of the
property (along the dredged canal); and
d. There shall be no structure or rack at the two M-1 zpned parcels owned
by Strong's Marine, Inc. which would exceed 28 feet in height, and no
boat placed on this rack may exceed 28 feet in height.
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Southold Town Clerk
September 6, 1995
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LAURY L. DOWD
Town Attorney
THOMAS H. WICKHAM
Supervisor
Town Hall. 53095 Main Road
P.O. Box 1179
Southold. New York 11971
Telephone (516) 765-1889
Fax (516) 765-1823
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
August 3 1, 1995
Charles Cuddy, Esq.
180 Old Country Road
P.O. Box 1547
Riverhead, NY 11901
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PLANNING BOARD
Re: Strong's Marine Rezoning
Dear Mr. Cuddy:
The Town Clerk is mailing out a copy of the resolution on Strong's Marine. It cans for
certain easements to be filed in order for the zoning to become effective.
As you know, the Planning Board win be reviewing the site plan aspects of the marina. The
scenic easement will also be a part of their review. In order to minimize your work on the
easements, I have asked the Planning Board to list the provisions they will be requiring for
the scenic easement. You can, therefore, prepare one easement which win satisfy the needs of
both boards, rather than executing multiple documents.
I suggest that the scenic easement include the following covenants: The easement shaH
provide that the entire easement area shall remain in its natural state. No trees or shrubs shall
be destroyed, cut, or removed from the area, except as required for reasons of irrigation,
water and draining control, or sanitation or disease control. The easement area shall not be
filled with soil, sand, brush or other debris. The easement area may be traversed by a
walkway, whether elevated or on the ground, provided permits can be obtained from the
applicable agencies, which may include the Southold Town Board of Trustees, and the New
York State Department of Environmental Conservation. Any disturbance to the land within
the easement shall be redressed by the restoration of said land to its prior state within sixty
(60) days of the disturbance or of the date the disturbance was reported to either the Planning
Board of the Bay Constable. No structure or building shall be placed within the easement
area. The terms "structure" and "building" shall be interpreted as including swimming pools;
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Charles Cuddy, Esq.
Page 2
August 31, 1995
patios; garages; sheds and other storage buildings; structures for the housing of domesticated
animals; the storage of boats, trailers, recreational vehicles; and the placement of fences,
retaining walls and bulkheads.
Please contact the Planning Board if you have any questions, as I will be on vacation until
September 18.
Very truly yours,
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Laury J". Dq;Jd
Town Attorney
cc: Town Clerk /
Planning Board
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JUDITH T. TERRY
TOWN CLERK
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
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SOuTHCLD TOWN
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THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WA
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON SEPTEMBER 5, 1995:
RESOLVED that the Town Board of the Town of Southold hereby amends
resolution no. 16, adopted on August 22, 1995, granting a change of zone to
Strong's Marine, Inc., by changing subparagraph b. to read as follows:
b. That there shall be a 50-foot scenic easement as shown on the Survey
for Zoning change as submitted by Peconic Surveyors, PC, under date
of March 1, 1995.
The resolution granting the Strong's Marine, Inc. change of zone petition reads
as follows:
WHEREAS, Strong's Marine, Inc., by petition filed April 12, 1995, applied to the
Town Board of the Town of Southold for a change of zone on certain property
located at the end of a right-of-way off Camp Mineola Road, and adjacent to
James Creek, Mattituck, New York, (SCTM #1000-122-4-44.2), from Low Density
Residential (R-80) District to Marine (M-1) District; and
WHEREAS, said petition was referred to the Southold Town Planning Board and
the Suffolk County Department of Planning for official recommendations and
reports; and
WHEREAS, the Trustees and Planning Board have recommended the proposed
rezoning and will be reviewing any development of the property pursuant to site
plan and wetland regulations: and
WHEREAS, the subject property is adjacent to an existing marina and the
Comprehensive Plan calls for efficient use of the limited areas available for
marina uses; and
WHEREAS, the subject property, together with the existing marina, is located on
a peninsula and are geographically separated from surrounding residential uses,
which separation will be preserved by the following conditions:
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WHEREAS, a Negative Declaration was issued on June 22,. 1995 which found
that the proposed rezoning would not have a significant effect on the
environment: and
WHEREAS, the Town Board, pursuant to due notice, held a public hearing
thereon on the 25th day of July, 1995, at which time all interested persons were
given an opportunity to be heard; now, therefore, be it
RESOLVED that the proposed rezoning is found to be consistent with the
Town's Comprehensive Plan; and be it further
RESOLVED that Strong's Marine, Inc. be and hereby is granted a change of
zone from Low Density Residential (R-80) District to Marine (M-1) District on the
following described property: Beginning at the northeasterly comer of the parcel
about to be described, which comer is located the following six (6) courses and
distances from a point on the easterly side of Olejulane, which point is 154.97
feet southerly from the point on the easterly side of Olejulane, which point is
154.97 feet southerly from the point on the easterly side of Olejulane, which
point is 154.97 feet southerly from the intersection of the southerly side of Kraus
Road and the easterly side of Olejulane: (1) South 80 degrees 39 minutes 10
seconds East, 423.36 feet; (2) South 11 degrees 22 minutes 50 seconds West,
174.33 feet; (3) South 22 degrees 13 minutes 00 seconds West, 293.00 feet; (4)
South 57 degrees 21 minutes 20 seconds West, 100.99 feet; (5) South 44
degrees 10 minutes 10 seconds West, 160.97 feet; (6) South 35 degrees 19
minutes 00 seconds West, 95.30 feet; running thence from the true point or
place of beginning, South 35 degrees 19 minutes 00 seconds West, 302.73 feet;
thence South 18 degrees 48 minutes 20 seconds East, 106.14 feet; thence
South 71 degrees 11 minutes 40 seconds West, 380 feet, more or less, to the
ordinary high water mark of James Creek; thence along the ordinary high water
mark of James Creek, and a dredged canal, a distance of 850 feet to a point and
lands now or formerly of E. E. Wilsberg; thence South 30 degrees 29 minutes 40
seconds East, 85 feet, more or less, to the point of beginning; all to be condi-
tioned upon the execution and recording of C&Rs by the property owner in a
form acceptable to the Town Attorney and which make the following covenants:
a. That no boat rack be located within 100 feet of the northerly tie line
(along the dredged canal) of the parcel; and
b. That there shall be a 50-foot scenic easement as shown on the Survey
for Zoning change as submitted by Peconic Surveyors, PC, under date
of March 1, 1995; and
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c. That there shall be no dockage north of the northerly tie line of the
property (along the dredged canal); and
d. There shall be no structure or rack at the two M-1 zoned parcels owned
by Strong's Marine, Inc. which would exceed 28 feet in height, and no
boat placed on this rack may exceed 28 feet in height.
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Southold Town Clerk
September 6, 1995
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THOMAS H. WICKHAM
Supervisor
LAURY L. DOWD
Town Attorney
Town Hall. 53095 Main Road
P.O. Box 1179
Southold. New York 11971
Telephone (516) 765-1889
Fax (516) 765-1823
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
MEMORANDUM
TO:
PLANNING BOARD
FROM:
TOWN ATTORNEY
RE:
CONDITIONAL REZONINGS - CICHANOWICZ AND STRONG'S
MARINE
DATE:
AUGUST 25, 1995
The Town Board has recently approved the above two rezonings. However,
each rezoning is conditioned on the applicant filing C&Rs. It has been a
month since the. Cichanowicz rezoning, and I still haven't gotten C&Rs.
I've called and am told that "they are on the way" but weeks have passed
and still nothing. I'm concerned that the conditions will never be met,
everyone will forget about the conditions, and the applicant will proceed
without them. I spoke to Building and they suggested that the Planning
Board be the roadblock to further development.
Can you make a note in each of these files that no development should
occur unless the conditions of the rezoning are complied with? Can you
suggest other roadblocks?
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GHARLES R. GunDY
ATTORNEY AT LAW
180 OLD CoUNTRY ROAD (RTE. 58)
P. O. BOX 11547
RlvERHEAD, NY 11901
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ADJACENT TO
MOTOR VEHICLE DEPARTMENT
TEL: (&161 369-8200
F~(&1e)3e~O
August 14, 1995
Town Board Members
Town of Southold
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Re: strong's Marine, Inc. - Change. of Zone
Dear Board Members:
As a result of the work session and communications with Town Board
Members, Jeffery strong of strong's Marine, Inc. has asked me to
communicate with you to advise that he is willing to have prepared
and delivered to the Town covenants and restrictions as follows:
1. That would provide no boat rack would be within 100 feet of the
northerly tie line (along the dredged canal) of the parcel which is
the subject of the change of zone application; this set back is to
be separate from the 50 foot scenic easement which would remain
parallel to the dredged canal.
2. That would further provide no structure or boat rack at the two
parcels owned by strong's Marine, Inc. in the M 1 Zoning Use
District would exceed 28 feet in height and thus no boat on a rack
or roof line would be over 28 foot in height.
This Declaration of Covenants and Restrictions would bind not only
strong's Marine, Inc. but its successors and assigns and would be
enforceable by the Town.
These additional covenants are as a result of questions raised at
the work session. They are in addition to the covenants already
stated: 1. 50 foot scenic Easement. 2. No dockage north of the
northerly tie line.
Mr. strong has asked me to place this proposal in writing and to
indicate that he is willing to have the Declaration of Covenants
and Restrictions prepared, signed and delivered to the Planning
Board for disposition in connection with the further site plan
illm:~;:mlrn
SOUTH OLD TOWN
PLANNING BOARD
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Town Board Members
Page -2-
August 14, 1995
review of this application. I would be pleased to answer any
questions or concerns that you might have with regard to this
matter.
Very truly yours,
Cc:!::/\u:!3
CRC/ejc
cc: Planning Board
cc: Town Trustees
cc: Town Attorney
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RECEIVED
JUN 2 j 1';'1:1
SOUTHOLD TOWN
SOUTHOLD, NY
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4175 OLE JULE LANE
MATTITUCK, NY 11952
JUNE 22, 1995
Scuthold Town Cletl<
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GENTLEMEN:
IN REGARDS TO THE PETITION OF STRONG'S MARINE INC.
FOR A ZONING CHANGE OF ADJOINING PROPERTY.
THE MARINA IS IN THE PRIVATE DEVELOPMENT OF CAMP
MINEOLA, TO THE WEST IS THE PRIVATE COMMUNITY OF SALT
LAKE VILLAGE, AND TO THE NORTH THE OLE JULE COMMUNITY.
THE TOWN MADE A MISTAKE WHEN THE MASTER PLAN
GAVE THEM THE MI ZONING.
BEFORE THE ZONING CHANGE THEY WERE LIMITED TO A
NUMBER OF BOATS. NOW THIS NUMBER HAS DOUBLED. THEY
ElAVE RELOCATED THE BOAT SALES AND THE SUPPLY STORE
FROM ROUTE 25 TO THE MARINA INCREASING TRAFFIC.
THERE ARE 3 MAJOR PROBLEMS:
~1 - THE TRAFFIC ON OLE JULE LANE - THE MARINA
IS ON A PRIVATE ROAD WHICH EXITS TO NEW
SUFFOLK AVENUE (THIS HAS BEEN ABANDONED)
ALL VEHICLES INCLUDING 18 WHEELERS USE OLE
JULE LANE.
~2 - THE SIGHT OF THE BOAT STORAGE RACK WHICH IS
20 FEET HIGH PLUS ANOTHER 8 FEET OF BOAT ON
THE TOP RACK.
~3 - NOISE - A LARGE FORK LIFT IS USED TO PLACE
AND REMOVE BOATS FROM THE STORAGE RACK.
THERE ARE MANY MORE PROBLEMS WHICH WILL BE CREATED
BY THE EXPANSION OF THE MARINA, WHICH I HOPE YOU WILL
CONSIDER IN NOT APPROVING THE ZONING CHANGE.
VERY TRULY YOURS,
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. ERNEST WILSBERG II
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We the undersigned petition the Board of Trustees in the matter of permits
applied for by Strong's Marina Inc SCTM . 122-4-44.2
We believe all permits should be denied at this time for the following reason
1. Jeffrey Strong as an offical of Marineland and now as President of Strong'
Marina 'Inc has continued to ignore the Town requirements for permits until
was stopped this summer from adding yet another illegal structure.
2. Fif~een of the sixteen items for which permission is sought have already b
built on land which is zoned Residental 40 and are inappropiate non confor
uses.
3. The application permit falsley claims the Marina is MIL it is only R40 and
4. The neighborhood objects to the noise and traffic pollution caused by the
Marina.
5. Boat operators from the Marina cause hazardorous conditions on the water a
the entrance of James Creek.
6. Th~ pxisting boat racks are illegal in an R40 zone and are an eyesore to t
communi ty .
7. The Marina is overcrowded with upwards of 220 boats in the summer, far mor
than should be allowed.
8. A clubhouse on R40 property is not a permitted use.
9. The Marina is located in a residential neighborhood and a sizeable Marina
not appropiate.
Signature:
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We the undersigned petition the Board of Trustees in the matter of permits
applied for by Strong's Marina Inc SCTM , 122-4-44.2
We believe all permits should be denied at this time for the following reaso
1. Jeffrey Strong as an offical of Marineland and now as President of Strong
Marina Inc has continued to ignore the Town requirements for permits unti
was stopped this summer from adding yet another illegal structure.
2. Fifteen of the sixteen items for which permission is sought have already
built on land which is zoned Residental 40 and are inappropiate non confo
uses.
3. The application permit falsley claims the Marina is MIl it is only R40 an
4. The neighborhood objects to the noise and traffic pollution caused by the
Marina.
5. Boat operators from the Marina cause hazardorous conditions on the water
the entrance of James Creek.
6. The existing boat racks are illegal in an R40 zone and are an eyesore to
communi ty.
7. The Marina is overcrowded with upwards of 220 boats in the summer, far mO
than should be allowed.
8. A clubhouse on R40 property is not a permitted use.
9. The Marina is located in a residential neighborhood and a sizeable Marina
not appropiate.
rlame: Signature:
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