Loading...
HomeMy WebLinkAboutLL 2011 #09 STATE OF NEW YORK DEPARTMENT OF STATE ANDREW M. CUOMO GOVERNOR CESAR A. PERALES SECRETARY OF STATE. August22,2011 Lynda M Rudder Deputy Town Clerk Town Ha11,53095 Main Road PO Box 1179 Southold NY 11971 RECEIVED AUG 2 5 Soethold Tovm (ler~ RE: Town of Southold, Local Law 9 2011, filed on August 22, 2011 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from out website, www.dos.state.ny, us. Sincerely, State Records and Law Bureau (518) 474-2755 ONE COMMERCE PLAZA, 99 WASHINGTON AVENUE ° ALBANY, NY 12231-0001 · (518)474-0050 WWW.DOS.STATE.NY.US E-MAIL; INFO,DOS.STATE.NY.US SOUTHOLD MPO SOUTHOLD, New York 119711000 3548330971-0098 08/18/2011 (800)275-8777 02:57:05 PM ---- Sa]es Receipt Product Sale Unit Final Description Qty Price Price ALBANY NY 12231 $18.30 Zone-2 Express Mail PO-Add Flat Rate Env 3.10 oz. Label ~:EM390736633US Sat 08/20/11 12:00 PM - Guaranteed Delivery Signature Requested Paid by account: $18.30 EMCA number: 119294 TOWN OF SOUTHOLD Issue PVI: $0.00 Total: $0,00 Paid by: Order stamps at USP$,com/shop or call 1-800-Stamp24, Go to USPS,com/clicknship to print shipping labels with postage. For other information call 1-800-ASK-USP8, m~mm~mm~$~mmm~$~m~mm~m~ Get your mail when and where you mant it with a secure Post Office Box, Sign up for a box online at usps.com/poboxes. ~m~mm~mm~m~mm~m~mm Bi11#:1000201611240 Clerk:7B All sales final on stamps and postage Refunds for guaranteed services only Thank you for your business mm¢~mm~m~m$~mmmm~mm~ HELP US SERVE YOU BETTER Go to: https://postalexperience.com/Pos TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE YOUR OPINION COUNTS ~¢~$~m~mmm~m~$~mmm~mmm$~ ~m%~m~m~m~mm~m~mm~m~mm~m~ Customer Copy EM 3'~0736633 US EXPRESS UNITED STATES POSTAL SERVICE® Customer Copy Ms. Llnda ~sch TO~ OF 5OUTHOLD Principal Clerk BOX SOUTHO~D NY ~[97[-09~ NYS Department of State State REcords & ~w O~ Commerce Plaza 99 Wa~ington Avenue Albany, NY 12231 Rudder, Lynda From: Sent: To: Subject: ezsupp [ezsupp@generalcode.com] Tuesday, August16,2011 10:01 AM Rudder, Lynda RE: L L #9.doc Thank you for your e-mail. If you are sending legislation for your next Code supplement, it will be processed in the usual manner. All other messages will be forwarded to the appropriate person, who will respond to your inquiry as soon as possible. If you have any questions, please do not hesitate to call or e' mail your Account Representative. General Code 1-800-836-8834 ezsupp@generalcode.com ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtOwn.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD EM390736633US August 18,2011 Express Mail Local Law No. 9 of 2011 Town of Southold, Suffolk County Ms. Linda Lasch Principal Clerk New York State Department of State State Records & Law Bureau One Commerce Plaza 99 Washington Avenue Albany, NY 12231 Dear Ms. Lasch: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copy of Local Law No. 9 of 2011 of the Town of Southold, suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. Very truly yours, Lynda M Rudder Deputy Town Clerk Enclosures cc: Town Attorney Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANYI 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. rn County [] City [] Town of rn Village SOUTHOLD Local Law No. 9 of the year 2011. A Local Law entitled, A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of that portion of SCTM 1t1000-140-2-32 from R-40 to LI Be it enacted the Town Board of the: rn County [] City [] Town of Cl Village SOUTHOLD Section 1. Purpose. By Local Law No. 30 of 1999, the Town Board of the Town of Southold, in connection with the County Route 48 Land Use Study, rezoned the entirety of a parcel of land in Mattituck identified as SCTM # 1000-140- 2-32, from Light Industrial (LI) to R-40. The rezoning of the entirety of the parcel appears to have been in error, as the supporting Planning documents contemplated rezoning only the portion of that parcel fronting on O Mary's Road from LI to R-40. The Town Board finds it appropriate to correct that error and to rezone the portion of SCTM # 1000-140-2-32 that was to have remained LI, back to LI. Therefore, rezoning of the portion of the subject site as LI will be consistent with the County Route 48 Land Use Study. Section 2. Code Amendment. Based upon our intention to correct the error, and upon our consideration of the recommendations of the Town Planning Board, the Suffolk County Planning Commission, the SEQRA report, and the public comments taken at the public hearing and otherwise, we hereby amend the Official Zoning Map of the Town of Southold as adopted by Section 100-21 (now known as Section 280-6) of the Town Code to change the portion of SCTM #1000-140~2-32 from R-40 to LI. The portion of the lot being rezoned is approximately .9 acres and is located between the Long Island Railroad property and Hill Street and immediately adjacent to SCTM #1000-140-2-30, as depicted in the attached map. The remaining portion of SCTM #1000-140-2-32 (the .52 acre portion adjacent to Mary's Road) shall continue to be zoned R-40. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev 05/05) Section 3. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 4. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. 2 (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) 1 hereby certify that the local law annexed hereto, designated as local law No. 9 of 20 11 . of the (Czxn.~')(C~')(Town) ~) of SOUTHOLD was duly passed by the TOWN BOARD on August 2 ,20 11 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or re-passage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 __., and was (approved)(not approved)(re-passed after disapproval) by the and was deemed duly adopted on 20 in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved)(mpassed after disapproval) by the on 20__. Such local law was submitted to the people by reason ofa (mandatory)(permissive) referendum, and received the affirmative vote ora majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village). of was duly passed by the on 20 , and was (approved)(not approved) (repassed after disapproval) by the on 20__ Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide basis or, If there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 3 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 __ of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 __ became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) O1 further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript there from and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph I , above. (Seal) Clerk ~ft~ County 13~slatixie body. City. Town or Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk Date: August 16~ 2011 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK 1, the undersigned, hereby certify that the foregoing local law contai, n~he-corrc~ext and have been had or taken for the enactment of the local law annexe~ that all proper proceedings Signature ~ Martin D. Finnegan, Town Attorney Jennifer Andaloro~ Esq. Assistant Town Attorney Title Town of SOUTHOLD Date: August 16~ 2011 4 RESOLUTION 2011-568 ADOPTED DOC ID: 7047 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-568 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 2, 2011: WHEREAS, there was presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 21st day of June, 2011, a Local Law entitled "A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of that portion of SCTM #1000-140-2-32 from R-40 to LI'.; and WHEREAS, by Local Law No. 30 of 1999, the Town Board of the Town of Southold, in connection with the County Route 48 Land Use Study, rezoned the entirety of a parcel of land in Matfituck identified as SCTM #1000-140-2-32, from Light Industrial (LI) to R-40; and WHEREAS, the rezoning of the entirety of the parcel appears to have been in error, as the supporting Planning documents contemplated rezoning only the portion of that parcel fronting on Mary's Road from LI to R-40; and WHEREAS, the Town Board finds it appropriate to correct that error and to rezone the portion of SCTM #1000-140-2-32 that was to have remained LI, back to LI; and WHEREAS, rezoning of the portion of the subject site as LI is consistent with the County Route 48 Land Use Study; and WHEREAS, the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law on Tuesday, July 19, 2011 at which time all interested persons were given an opportunity to be heard; and WHEREAS, the Town Board has received and reviewed all written comments, recommendations, and reports submitted in this matter; and WHEREAS, the Town Board declared itself Lead Agency on July 19, 2011 and conducted a coordinated SEQRA review on the proposed zone change, subdivision plan, and sanitary flow credit transfer; and on July 19, 2011 adopted a negative declaration pursuant to SEQRA. NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled "A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of that portion of SCTM #1000-140-2-32 from R-40 to LI" which reads as follows: LOCAL LAW NO. 9 of 2011 Resolution 2011-568 Board Meeting of August 2,2011 Section 1. Purpose. By Local Law No. 30 of 1999, the Town Board of the Town of Southold, in connection with the County Rome 48 Land Use Study, rezoned the entirety of a parcel of land in Mattituck identified as SCTM #1000-140-2-32, from Light Industrial (LI) to R-40. The rezoning of the entirety of the parcel appears to have been in error, as the supporting Planning documents contemplated rezoning only the portion of that parcel fronting on Mary's Road from LI to R-40. The Town Board finds it appropriate to correct that error and to rezone the portion of SCTM #1000-140-2-32 that was to have remained LI, back to LI. Therefore, rezoning of the portion of the subject site as LI will be consistent with the County Rome 48 Land Use Study. Section 2. Code Amendment. Based upon our intention to correct the error, and upon our consideration of the recommendations of the Town Planning Board, the Suffolk County Planning Commission, the SEQRA report, and the public comments taken at the public hearing and otherwise, we hereby amend the Official Zoning Map of the Town of Southold as adopted by Section 100-21 (now known as Section 280-6) of the Town Code to change the portion of SCTM #1000-140-2-32 from R-40 to LI. The portion of the lot being rezoned is approximately .9 acres and is located between the Long Island Railroad property and Hill Street and immediately adjacent to SCTM # 1000-140-2-30, as depicted in the attached map. The remaining portion of S CTM # 1000-140- 2-32 (the .52 acre portion adjacent to Mary's Road) shall continue to be zoned R-40. Section 3. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 4. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Updated: 8/2/2011 11:26 AM by Lynda Rudder Page 2 Resolution 2011-568 Board Meeting of August 2, 2011 RESULT: Elizabeth A. Neville Sonthold Town Clerk ADOPTED [UNANIMOUS} Updated: 8/2/2011 11:26 AM by Lynda Rudder Page 3 Resolution 2011-568 Board Meeting of August 2, 2011 MOVER: Christopher Talbot, Councilman SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Updated: 8/2/2011 11:26 AM by Lynda Rudder Page 4 ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 27, 2011 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Law listed below on July 19, 2011: Local Law #8 of 2011: Local Law to amend the Southold Town Zoning Map SCTM #1000-140-2-32 OPlease sign you. the duplicate of this letter and return to me at your earliest convenience by mail or email. Thank Attachments cc: Suffolk County Department of Planning Village of Greenport Elizabeth A. Neville Town Clerk Long Island State Park Commission Email: Town of Riverhead Town of Southampton Southold Town Planning Board Town of Shelter Island Southold Town Building Department Signature, Received By Please print name Date: Title: PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK RESOLUTION 2011-540 ADOPTED DOC ID: 7021 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-540 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 19, 2011: WHEREAS, by Local Law No. 30 of 1999, the Town Board of the Town of Southold, in connection with the County Route 48 Land Use Study, rezoned the entirety of a parcel of land in Mattituck identified as SCTM #1000-140-2-32, from Light Industrial (Ll) to R-40; and WHEREAS, the rezoning of the entirety of the parcel appears to have been in error, as the supporting Planning documents contemplated rezoning only the portion of that parcel fronting on Mary's Road from LI to R-40; and WltEREAS, the Town Board finds it appropriate to correct that error and to rezone the portion of SCTM #1000-140-2-32 that was to have remained LI, back to LI; and WHEREAS, rezoning of the portion of the subject site as LI is consistent with the County Route 48 Land Use Study, and WHEREAS the Town Board of the Town of Southold has considered the change of zone of that portion of S CTM # 1000-140-2-32 that was intended to remain LI on its own motion; and now therefor be it RESOLVED that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County, New York, the Town Board of the Town of Southold held a public hearing on this proposed Local Law, and be it further RESOLVED that the Town Board of the Town of Southold hereby ENACTS Local Law No. 8 of 2011 The proposed Local Law entitled "A Local Law to amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of that portion of SCTM #1000-140-2-32 from R-40 to LI" at Southold Town Hall~ 53095 Main Road~ Southold~ New York~ on the 19th day of July: 2011 at 4:35 p.m. The portion of the property to be rezoned is approximately .52 acres, is located offof Mary's Road in Mattituck, and depicted in the attached drawing. Resolution 2011-540 Board Meeting of July 19, 201 l Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] Updated: 7/20/2011 11:56 AM by Elizabeth A. Neville Page 2 Resolution 2011-540 Board Meeting of July 19, 2011 MOVER: Albert Krupski Jr., Scott Russell SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Updated: 7/20/2011 11:56 AM by Elizabeth A. Neville Page 3 Page 1 of 1 Cooper, Linda From: Cooper, Linda Sent: Wednesday, July 27, 2011 9:06 AM To: Bunch, Connie; Cantrell, Elizabeth; Cooper, Linda; Lanza, Heather; Randolph, Linda; Standish, Lauren; Toth, Vicki; Verity, Mike Subject: Notice of Enactment Attachments: LL8 enacted_20110727090017,pdf 7/27/2011 Page 1 of 1 Cooper, Linda From: Cooper, Linda Sent: Wednesday, July 27, 2011 9:05 AM To: 'Riverhead Town Clerk'; 'Shelter Island Town Clerk'; 'Southampton Town clerk' Subject: Notice of enactment Attachments: LL8 enacted_20110727090017.pdf 7/27/2011 Page 1 of 1 Cooper, Linda From: Cooper, Linda Sent: Wednesday, July 27, 2011 9:11 AM To: Sepenoski, John Subject: Change of Zone for Zoning Map Attachments: Printout-7021-1034-M22402.doc 7/27/2011 ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 27, 2011 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Law listed below on July 19, 2011: Local Law #8 of 2011: Local Law to amend the Southold Town Zoning Map SCTM #1000-140-2-32 ~l~lease sign the duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Attachments cc: Suffolk County Department of Plarming~/ Village of Greenport Elizabeth A. Neville Town Clerk Long Island State Park Commission Email: Town of Riverhead Town of Southampton Southold Town Planning Board Town of Shelter Island Southold Town Building Department Please print name Date: Title: PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 27, 2011 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Law listed below on July 19, 2011: Local leaw #8 of 2011: Local Law to amend the Southold Town Zoning Map SCTM #1000-140-2-32 ~l~lease sign the duplicate of this letter and return to mc at your earliest convenience by mail or email. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Elizabeth A. Neville Town Clerk Long Island State Park Commission Email: Town of Riverhead Town of Southampton Southold Town Planning Board Town of Shelter Island Southold Town Building Department ~namre, Received By t \ I Please print name Date: Title: PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVII J ~E, MMC TOWN CLERK REGISTRAR OF ViTAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 South#Id, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 27, 2011 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Law listed below on July 19, 2011: Local Law #8 of 2011: Local Law to amend the South#Id Town Zoning Map SCTM 01000-140-2-32 yOU. sign the duplicate of this letter and return to me at your earliest convenience by mail or email. Thank Attachments cc: Suffolk County Department of Planning Village of Greenport Elizabeth A. Neville Town Clerk Long Island State Park Commission Email: Town of Riverhead Town of Southampton Southold Town Planning Board Town of Shelter Island Southold Town Building Department Please print name Date: Title: PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK RECEIVED ,o ,% ,~ 1 Sou,, o d Tvwa £Ie:k 07./'26/2011 21:08 6317493436 S I TOWN CLERK PAGE 01 ELIZABETit ,~ NEV~,I,e~ MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARR~GE OFFICER RECORDS OF MANAGEMENT OFFICER PREEDOM OF IN'FORMATIoN OFFICER Towr~ Hall, 53095 Main Road P.O. Box 1179 $outho]do lqew York 11971 Fax (6~1) 765-614~ TOlephone (631) 765-1800 ~u~ldWwn,n~ork.ns~ OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Suly 2% 2011 PLEASE TAKE NOTICE that the Town Board of the Town of Southold ha~ Enacted the following Local Law listed below on Suly 19, 2011: OPle~e Local Law//8 9f2011: Lo~#l Law to amend the Southold Town Zgnln~ Map SCTM #1000-14{}.2.32 sign the duplicate of this letter and return to me at your earliest convenience by mall or email. Thank yOU. Attachments cc: Suffolk Coun~ Depaml~ent of Planning Village of Greenpor~ Email: Town of Riverhead Town of Southampton Southold Town Planning Board Elizabeth A, Neville Town Clerk Long IsLand State Park Commission Town of~/~cltcr Isl/~nd Southold Town Building Department Signature, Re~.eived By Please print name Date: PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK RESOLUTION 2011-568 ADOPTED DOC ID: 7047 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-568 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 2, 2011: WHEREAS, there was presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 21st day of June, 2011, a Local Law entitled "A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of that portion of SCTM #1000-140-2-32 from R-40 to LI"; and WHEREAS, by Local Law No. 30 of 1999, the Town Board of the Town of Southold, in connection with the County Route 48 Land Use Study, rezoned the entirety of a parcel of land in Mattituck identified as SCTM #1000-140-2-32, from Light Industrial (LI) to R-40; and WHEREAS, the rezoning of the entirety of the parcel appears to have been in error, as the supporting Planning documents contemplated rezoning only the portion of that parcel fronting on Mary's Road from LI to R-40; and WHEREAS, the Town Board finds it appropriate to correct that error and to rezone the portion of SCTM # 1000-140-2-32 that was to have remained LI, back to LI; and WHEREAS, rezoning of the portion of the subject site as LI is consistent with the County Rotue 48 Land Use Study; and WHEREAS, the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law on Tuesday, July 19, 2011 at which time all interested persons were given an opportunity to be heard; and WHEREAS, the Town Board has received and reviewed all written comments, recommendations, and reports submitted in this matter; and WHEREAS, the Town Board declared itself Lead Agency on July 19, 2011 and conducted a coordinated SEQRA review on the proposed zone change, subdivision plan, and sanitary flow credit transfer; and on July 19, 2011 adopted a negative declaration pursuant to SEQRA. NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Sotuhold hereby ENACTS the proposed Local Law entitled "A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of that portion of SCTM #1000-140-2-32 from R-40 to LI" which reads as follows: LOCAL LAW NO. 9 of 2011 Resolution 2011-568 Board Meeting of August 2, 2011 Section 1. Purpose. By Local Law No. 30 of 1999, the Town Board of the Town of Southold, in connection with the County Route 48 Land Use Study, rezoned the entirety of a parcel of land in Mattituck identified as SCTM # 1000-140-2-32, from Light Industrial (LI) to R-40. The rezoning of the entirety of the parcel appears to have been in error, as the supporting Planning documents contemplated rezoning only the portion of that parcel fronting on Mary's Road from LI to R-40. The Town Board finds it appropriate to correct that error and to rezone the portion of SCTM #1000-140-2-32 that was to have remained LI, back to LI. Therefore, rezoning of the portion of the subject site as LI will be consistent with the County Route 48 Land Use Study. Section 2. Code Amendment. Based upon our intention to correct the error, and upon our consideration of the recommendations of the Town Planning Board, the Suffolk County Planning Commission, the SEQRA report, and the public comments taken at the public hearing and otherwise, we hereby amend the Official Zoning Map of the Town of Southold as adopted by Section 100-21 (now known as Section 280-6) of the Town Code to change the portion of SCTM #1000-140-2-32 from R-40 to LI. The portion of the lot being rezoned is approximately .9 acres and is located between the Long Island Railroad property and Hill Street and immediately adjacent to SCTM # 1000-140-2-30, as depicted in the attached map. The remaining portion of S CTM # 1000-140- 2-32 (the .52 acre portion adjacent to Mary's Road) shall continue to be zoned R-40. Section 3. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 4. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Updated: 8/2/2011 11:26 AM by Lynda Rudder Page 2 'Resolution 20l 1-568 Board Meeting of August 2, 2011 RESULT: Elizabeth A. Neville Southold Town Clerk ADOPTED [UNANIMOUS] Updated: 8/2/20l 1 11:26 AM by Lynda Rudder Page 3 Resolution 2011-568 Board Meeting of August 2, 2011 MOVER: Christopher Talbot, Councilman SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Updated: 8/2/2011 11:26 AM by Lynda Rudder Page 4 RESOLUTION 201'1-567 RESCINDED DOC ID: 7046 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-567 WAS RESCINDED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 2, 2011: RESOLVED that the Town Board of the Town of Southold hereby rescinds Resolution No. 2011-540 in its entirety~ adopted at their regular meeting on July 19~ 2011~ and shall be replaced with Resolution No. 2011-568~ adopted by the Town Board on August 2~ 2011. Elizabeth A. Neville Southold Town Clerk RESULT: RESCINDED IUNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Orlando, Talbot, Kmpski Jr., Evans, Russell SOUTHOLDTOWNBOARD PUBLIC HEARING July 19, 2011 4:35 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Albert Krupski, Jr. Councilman William Ruland Councilman Vincent Orlando Councilman Christopher Talbot Town Clerk Elizabeth Neville Town Attorney Martin Finnegan This hearing was opened at 5:00 PM COUNCILMAN TALBOT: RESOLVED that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County, New York, the Town Board of the Town of Southold will hold a public hearing on a proposed Local Law entitled "A Local Law to amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of that portion of SCTM #1000-140-2-32 from R-40 to LI' at Southold Town Hal[ 53095 Main Road~ Southold, New York~ on the 19th day of July~ 2011 at 4:35 p.m. The portion of the property to be rezoned is approximately .52 acres, is located off of Mary's Road in Mattituck. I have a notice that it was posted on the Town Clerk's bulletin board on June 28 and that it was posted in the Suffolk Times on July 7, 2011. I have a couple of letters, one from Martin Sidor, chairman of the Southold Planning Board, "Thank you for the opportunity to provide comments on the proposed local law referenced above. Then Planning Board has reviewed the proposed legislation and supports this zone change." And from the LWRP coordinator, "The proposed local law has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold and the LWRP policy standards. Based upon the information provided to this department as well as the records available to me, it is my recommendation that the proposed action is exempt from LWRP coastal consistency review pursuant to Chapter 268-3 and therefore consider this recommendation in preparing its written determination regarding the consistency of the proposed action." And from the Suffolk County chief planner, "Pursuant to the requirements of section A 14-14 through A 14-25, the Suffolk County administrative code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter of local determination as there is no apparent significant countywide or inter-community impact. A decision of local Change of Zone, DiVello Public Hearing July 19, 2011 2 determination shall not be construed as either an approval or a disapproval." We have a letter from the applicants attorney. "We are the attorneys for John and Frances DiVello, the owners of the property in question. We reiterate their opposition to the original rezoning of any portion of the property to R-40, as set forth in the record in the original rezoning proceeding in 1999 and in the action brought under Supreme Court index # 00- 08376. We ask that those matters be incorporated by reference into this hearing transcript, inasmuch as the mzoning to LI proposed in this hearing does not include the entire parcel." And that is it. SUPERVISOR RUSSELL: Would anybody like to comment on this particular local law? (No response) This hearing was closed at 5:03 PM Southold Town Clerk ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 28, 2011 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARING on the proposed Local Law listed below on July 19, 2011: 4:35 PM - Local Law to amend the Southold Town Zoning Map SCTM #1000-140-2-37. :ase sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments cc: Suffolk County Department of Planning, Village of Greenport Elizabeth A. Neville Town Clerk Long Island State Park Commission Email: Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Assessors Town of Shelter Island Southold Town Building Department Southold Town Trustees Southold Town Board of Appeals Date: Title:~,d -- ' 'RETU~'TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 28, 2011 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARING on the proposed Local Law listed below on July 19, 2011: 4:35 PM - Local Law to amend the Southold Town Zoning Map SCTM #1000-140-2-32 ~[lease sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport ~/ Elizabeth A. Neville Town Clerk Long Island State Park Commission Email: Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Assessors Sjg ttlre,- R,eceive l J /1, fise plZint Town of Shelter Island Southold Town Building Department Southold Town Trustees Southold Town Board of Appeals ~_~ASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVIIJ.i~., RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF II, FORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 28, 2011 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on July 19, 2011: 4:35 PM - Local Law to amend the Southold Town Zoning Map SCTM #1000-140-2-32 ase sign a duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Attachments cc: Suffolk County Department of Planning · Vi~e of Greenport Email[2gouthold Town Planning Board Southold Town Assessors Southold Town Build'rog Department Towrrof Riverhead "~grignature, R~ Please print name Elizabeth A. Neville Town Clerk Long Island State Park Commission Southold Town Trustees Southold Town Board of Appeals Town of Shelter Island Town of Southampton PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK EIAZABETH A. NEV~.LE, RMC, CMC TOWN C~,ERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF I~FOEMATION OFFICER Town Hall, 53095 Ma/n Road P,O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtowr~h~et OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 28, 2011 JUN 2 8 2011 Soulho[d Town Clerl~ PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on July 19, 2011: 4:35 PM - Local Law to amend the Southold Town Zoning Map SCTM #1000-140-2-32 Please sign a duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Attachments cc: Suffolk County Department of Plarming Village of Greenport Emaih Southold Town Planning Board Southold Town Assessors Soul,hold Town Builcl~ g Department v Signatu~e,~ceiv_edBy ~, ,,J' h '/- Please print name Elizabeth A. Nevil.le Town Clerk Long Island State Park Commission Southold Town Trustees Southold Town Board of Appeats Town of Shelter Island Town of Southampton Date: ~/~_ r/~/ PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORI~TION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 28,2011 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARING on the proposed Local Law listed be]ow on July 19, 2011: 4:35 PM - Local Law to amend the Southold Town Zoning Map SCTM #1000-140-2-32 ~lease sign the duplicate of this ]cttcr and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Elizabeth A. Neville Town Clerk Long Island State Park Commission Email: Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Assessors Town of Shelter Island Southold Town Building Department Southold Town Trustees Southold Town Board of Appeals Si~ture, Received By ' ['7 I Please print name Date: Title: AND RETURN TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVII,LE, RMC, CMC TOWN CLERK REGISTP, AR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sour holdtown.nort hfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 28, 2011 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on thc proposed Local Law listed below on July 19, 2011: 4:35 PM - Local Law to amend the Southold Town Zoning Map SCTM #1000-140-2-32 Please sign a duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Attachments cc: Suffolk County Department of Plarming Village of Greenport Email: Southold Town Planning Board Southold Town Assessors Elizabeth A. Neville Town Clerk Long Island State Park Commission Southold Town. Building Department ~wn of River~.~5 Si~a,ture, R~ceived l~y ~. ~ Please print name Southold Town Trustees Southold Town Board of Appeals Town of Shelter Island Town of Southampton · Date: ¢~ ¢c~1~' Title: d~/t~,~'~/~gr~'~ ~/~ PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK ELIZABE'I~I A. NEVi-I-E, RMC, CMC TOWN C~ REGIST~ OF ~T~ STATISTICS ~E OFFICER F~DOM OF ~TION OFFICER Town Hall, 53095 M~in Road P.O. Box 1179 Southold, Now York 11971 Fax (631} 765-6145 Telephone (631) 785-1800 OFFICE OF TI-IE TOWN CLERK TOWN OF SOUTHOLD Junc 28. 2011 PLEASE TAKI~ NOTICE Chat the Town Boa~ of the Town of Southold w~ll hold a PUBLIC HEARING on the pwposed Local Law listed below on July 19, 2011; 4:35 PM - Local Law to amend the Southold Town ZontnR Map SCTM #1000-140-2-32 pie sst sign a duplicate of this letter arid r~tum to me at your earliest convenience by mail or emaJl, Thank you. A~achmcnts cc: Suffolk Coun~ Depa~'nent of Plmming Village of Or~onpor~ Ema~l: Southold Town Pla~ming Boa~l $outhold Town Assessors Sou~old Town Building Department Town of Riverhead ~STease print n~'ne Elimbeth A. Neville Town Clerk Long Island S~ate Park Comraission Southold Town Tmst~s Ufv~hOld Town Board of Appeals of Shelter Island Town of Southampton Date: ~/- ,2, Title: ~ PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK - 06/28/2011 14:13 8312035606 TOWN CLERK PAGE 01/01 ELIZA]BET~I A~ NEVILLE, RMC, CMC TOW~ CLERK REGISTRAR OF WI~AL STA'i~I~ICS IVIAItK~GE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORIVI~TION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 ~ckmtho]d, New York Fax (631) 765-6145 Telephone (631) 765-1800 sout[-wkl t, own,north£or k.net; RECEIVED OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 28, 2011 JUN 2 9 2011 Soufho[d Town Crerk PLEASE TAKE NOTICE that the Town Board of the Town of Southold w~ll hold a PUBLIC HEARING on the proposed Local Law listed below on July 19, 2011: he Southold Town Z~in Ma SCTM #1000-140-2-32 Please sign a duplicate of this letter ~nd return to me at you~ earliest convenience by mail or email. Thank you, At'tachrnents Suffolk Coun~ Department of Plarmh~g Village of Greenport Emaih Southold Town Planning Board Southold Tovm Assessors Southold Town Building Dqmrtment Town of Riverhead ~"Signature, Received By ~ , '' Please print nar~e ' Elizabeth A. Nevil.le Town Clerk Long Island State Park Commission Southold Town Trustees Southold Town Board of Appeals Town of Shelter Island /./.T,~m o f Southampton Title: '~.l ~__-(,.'f-/- ~ PLEASE SIGN AND RETURN TO SOUTHOLD TOV~N CLERK e,JUL, 18, 2011'~10:40AM 63i-e5~-4~44 s c PLANTNG DC'pT NO. 936 P, I~6E 82 COUNTY OF SUFFOLK SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING ,Tuly 13,2011 Town of Southold PO Box 1179 Southold, New York 11935 Att: Ms, Elizabeth A. Neville, Clerk FILE SARAH LANSDALE. AICP RECEIVED JUL 1 8 2011 Southohl Town Clerk AppliCant: Zoning Action: Documm~t Id.: Public ltearlug Date: S.C.P,D. I:ge No.: Town of Soufllold Change of Zone R40 To LI #6959 July 19, 2011 $.D- 1 I-LD Dear Ms. Neville: Pursuant to the requirements of Sccdon.~ A14-14 ~ru A14-25 of the Suffolk Com~Py Achninist~at/vc Coclc~ t.he above referenced application whJreh has been submitted to the Suffolk County Planning Commission is considered to be a realtor for loc~,l determlna~ion ~s there is no apparent significant county-wide or inter.¢omm~mity impact(s). A decision o~'looal de~ermim~ion should not be ¢on~tn~ed as either an approval o~' disapproval. Very Uuly yours, Sarah Lamd'ale Dircctor of Plmaning Andrew P. Freleng Chief Planner LOCATION MAILING ADDRESg H, LEE DENNISON BLDG. - e, TH FLOOR P, O, BOX 61 O0 (631) 86~I ~1 100 VETERANI~ MI~ MORIAL HIGHWAY HAUPPAUGE. i*qY '~ ~?BS-OO3~ TEI.~CO~IER (o"~1) 863-4044 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE RECEIVED JUL 1 8 2011 Southold Town Clerk SARAH LANSDALE, AICP DIRECTOR OF PLANNING July 13, 2011 Town of Southold PO Box 1179 Southold, New York 11935 Att: Ms. Elizabeth A. Neville, Clerk Applicant: Zoning Action: Documcnt Id.: Public Hearing Date: S.C.P.D. File No.: Town of Southold Change of Zone R40 to LI #6959 July 19, 2011 SD- 11-LD Dear Ms. Neville: Pursuant to the requirements of Sections A14-14 thru A14-25 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Sarah Lansdale ChiefPlanner APF:ds LOCATION MAILING ADDRESS H LEE DENNISON BLDG. -4TH FLOOR P. O, BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 RESOLUTION 2011-537 ADOPTED DOC ID: 7007 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-537 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 19, 2011: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed Local Law entitled "A Local Law to Amend the Zoning Map of the Town of Southold by ChanRin~ the Zonin~ Desi~,nation of that portion of SCTM 1/1000-140-2-32 from R-40 to LI" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation of Mark Terry dated July 18, 2011 and that said local law is exempt from LWRP coastal consistency review pursuant to §268-3 of the Town Code of the Town of Southold, Waterfront Consistency Review. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell #10311 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that 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 1 week(s), successively, commencing on the 7th day of July, 2011. ' "-l!~ ;'¢,ncipalClerk Sworn to before me this ~'~"~ dayof ~' ~. 2011. I.~C..~L NOI'IC~ . lqOl'N~ ~Mr P~IUC I~.&R~G r~a ~ ~n ~ ~ ~ New York Sm~ T~ ~w ~ t~ ~e of · e To~ ~ ~ S~o~ ~, New Y~ ~ ~ ~d ~ ~e To~ of ~u&o~ ~ ~a~~W~-A ~I~-~T 7~ CHRISTINA ¥OLINSKI NOTARY PUBLIC-STATE OF NEW YORK NO. 01-V06105050 Quollflld In Suffolk County My Commlulon Expires Pebrua~'y 28, 2012 LEGAL NOTICE NOTICE OF PUBLIC HEARING RESOLVED that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County, New York, the Town Board of the Town of Southold will hold a public hearing on a proposed Local Law entitled "A Local Law to amend the Zoning Map of the Town of Southold by Chan~in~, the Zonin~ Desi~,nation of that portion of SCTM #1000-140-2-32 from R- 40 to LI" at Southold Town Hall~ 53095 Main Road, Southold, New York, on the 19th day of July~ 2011 at 4:35 p.m. The portion of the property to be rezoncd is approximately .52 acres, is located off of Mary's Road in Mattituck. Dated: June 21,2011 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville, Town Clerk PLEASE PUBLISH ON July 6, 2011, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times TC's Bulletin Board Building Dept Town Board Members Planning Dept. Town Attorney IT Dept for Web site STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the 02 ~ day of..f'~4J ~ , 2011, she affixed a notice of which the annexed printed notice is a tree copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Re: CoZ 140-3-32 Elizabeth A. Neville Southold Town Clerk Swom before me tJ~s 2¢ dayof ~44_~,2011. LINDA d COOPER NOTARY PUBLIC, State of New York NO. 01CO4822563, Suffolk Countyl Term Expires December 31, 20_/_~ PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLLMM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSKI MAILING ADDRESS: P.O. Box 1179 Southold, NY11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Elizabeth A. Neville, Town Clerk Cc: From: Date: Town Board, Town Attorney Martin Sidor, Chairman, Southold Planning Board//~ ~'~/ July 19, 2011 Re: A Local Law in Relation to amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of that portion of SCTM#1000-140-2-32 from R-40 to LI. Thank you for the opportunity to provide comments on the proposed Local Law referenced above. The Planning Board has reviewed the proposed legislation and supports this zone change. OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, N-Y 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Supervisor Scott Russell Town of Southold Town Board From: Mark Terry, ~n~:olra~nnae[or~'N~ Date: July 18, 2011 Re: Local Waterfront Coastal Consistency Review of "A Local Law to amend the ZoninR Map of the Town of Southold by Chanflin.q the ZoninR Desi.qnation of that portion of SCTM #'1000-140-2-32 from R-40 to LI" The proposed local law has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided to this department as well as the records available to me, it is my recommendation that the proposed action is EXEMPT form LWRP coastal consistency review pursuant to § 268- 3. Definitions. Item V of the Southold Town Code, which states: V. Interpreting an existing code, rule or regulation; Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Martin Finnegan, Town Attorney Jennifer Andaloro, Assistant Town Attorney PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM To: Supervisor Scott Russell Town of Southold Town Board From: Mark Terry, Principal Planner Date: July 18, 2011 Re: 6NYCRR, Part 617 State Quality Review Act review of "A Local Law to amend the Zonin.q Map of the Town of Southold bv ChanQina the Zonin(~ DesiRnation of that portion of SCTM #1000-140-2-32 from R-40 to LI" I have reviewed the action and found that no substantial change in the affected portion of the parcel has occurred. I recommend that the 6NYCRR Part 617 State Quality Review Act environmental assessment conducted in connection with Local Law No. 30, dated October 19, 1999 stands. Cc: Martin Finnegan, Town Attorney Jennifer Andaloro, Assistant Town Attorney DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE July 13,2011 SARAH LANSDALE, AICP Director of Planning Town of Southold PO Box 1179 Southold, New York 11935 Att: Ms. Elizabeth A. Neville, Clerk Dear Ms. Neville: Applicant: Town of Southold Zoning Action: Change of Zone R-40 to LI Public Hearing Date.: July 19, 2011 Resolution No.: 2011-473 S.C.T.M. No.: 1000 14000 0200 032000 S.C.P.D. FileNo.: SD-11-LD Pursuant to the requirements of Sections A14-14 thru A14-25 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for Local Determination as them is no apparent significant county wide or inter-community impact. A decision of Local Determination should not be construed as either an approval or disapproval. Very truly yours, Sarah Lansdale Director of Planning Chief Planner APF:ds LOCATION MAILING ADDRESS H LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 WICKHAM, BRESSLER, GORDON 8~ GEASA, P.C. 1.3015 MAIN ROAD P,O. BOX 14E:4 wwb~aw@acLcom July 19, 20ll RECEIVED Southold Town Board Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 JUt. 1 9 Southolcl Tovm Clef[ Re: SCTM//1000-140-2-32 Divello Property:. Hill Street Rezoning Ladies, Gentlemen: We are the attorneys for John and Frances Divello, the owners of the property in question. We reiterate their opposition to the original rezoning of any portion of the property to R-40, as set forth in the record in the original rezoning proceeding in 1999 and in the action brought under Supreme Court Index No.: 00-08376. We ask that those matters be incorporated by reference into this hearing transcript, inasmuch as the rezoning to LI proposed in this hearing does not include the entire parcel. Very t.mly yours, Ab'~.il A, Wickham AAW/amb letters-divtownboard cc: Town Attorney ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor th fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 23, 2011 Re: Resolution Number 2011-473 "A Local Law to amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of that portion of SCTM #1000-140-2-32 from R-40 to LI" Andrew P. Freleng, Chief Planner Suffolk County Department of Planning Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Freleng: The Southold Town Board at their regular meeting held on June 21, 2011 adopted the resolution referenced above. A certified copy is enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law is also being sent to the Southold Town Planning Department for their review. The date and time for this public hearing is 4:35 P.M., Tuesday, July 19, 2011. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, Southold lown Clerk Enclosure cc: Town Board Town Attorney ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765w6145 Telephone (631) 765-1800 southoldtown.nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 23, 2011 Re: Resolution Number 2011-473 "A Local Law to amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of that portion of SCTM #1000-140-2~32 from R-40 to LI" Martin Sidor, Chairman Southold Town Planning Board Southold Town Hall 53095 Main Road Post Office Box 1179 Southold, New York 11971 Dear Mr. Sidor: The Southold Town Board at their regular meeting held on June 21, 2011 adopted the resolution referenced above. A certified copy is enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law is also being sent to the Suffolk County Department of Planning for their review. The date and time for this public hearing is 4:35P.M., Tuesday, July 19, 2011. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, Southold lown Clerk Enclosure cc: Town Board Town Attorney RESOLUTION 2011-473 ADOPTED DOC ID: 6959 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-473 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 21, 2011: WHEREAS, by Local Law No. 30 of 1999, the Town Board of the Town of Southold, in connection with the County Route 48 Land Use Study, rezoned the entirety of a parcel of land in Mattituck identified as SCTM #1000-140-2-32, from Light Industrial (LI) to R-40; and WHEREAS, the rezoning of the entirety of the parcel appears to have been in error, as the supporting Planning documents contemplated rezoning only the portion of that parcel fronting on Mary's Road from LI to R-40; and WHEREAS, the Town Board finds it appropriate to correct that error and to rezone the portion of SCTM #1000-140-2-32 that was to have remained LI, back to LI; and WHEREAS, rezoning of the portion of the subject site as LI is consistent with the County Route 48 Land Use Study. NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold is considering the change of zone of that portion of SCTM # 1000-140-2-32 that was intended to remain LI on its own motion; and it is further RESOLVED that the Town Board of the Town of Southold requests the Planning Board and/or Planning Staff to prepare a report and recommendations on the proposed rezoning, including a SEQRA report and recommendation; and it is further RESOLVED that the Town Clerk of the Town of Southold is directed to forward the matter to the Suffolk County Planning Commission for a report and recommendations; and it is further RESOLVED that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County, New York, the Town Board of the Town of Southold will hold a public hearing on a proposed Local Law entitled "A Local Law to amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of that portion of SCTM #1000-140-2-32 from R-40 to LI' at Southold Town Hall~ 53095 Main Road~ Southold~ New York~ on the 19t~ day of July~ 2011 at 4:35 p.m. The portion of the property to be rezoned is approximately .52 acres, is located offof Mary's Road in Mattituck, and depicted in the attached drawing. Resolution 2011-473 Board Meeting of June 21,2011 Ehzabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUSI 1. pdated' 6/23/2011 3:41 PM by [ iada Cooper Page 2 Resolution 2011-473 Board Meeting of June 21, 2011 MOVER: Albert Krupski Jr., Councilman SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Updated: 6/23/2011 3:41 PM by Linda Cooper Page 3 Page 1 of 1 Cooper, Linda From: Candice Schott [cschott@timesreview.com] Sent: Monday, June 27, 2011 12:05 PM To: Cooper, Linda Subject: RE: 140-2-32 Change of Zone 7-19-11 Hi Linda, I have received the notice and we are §ood to §o for the 7/7 issue. Thanks and have a §reat upcomin§ holiday weekend! © Candice P.S.-reminder that our deadline for the 7/7 issue will be this Friday the 3rd. From: Cooper, Linda [mailto:Linda.Cooper@town.southold.ny.us] ~ent: Monday, June 27, 2011 11:32 AM To: tr-legals Subject: 140-2-32 Change of Zone 7-19-11 Hello, Please confirm receipt of this Legal Notice for the 7/6/11 edition of the Suffolk Times. Thank you and have a great day! Icoop 6/28/2011 ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 28, 2011 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARING on the proposed Local Law listed below on July 19, 2011: :35 PM - Local Law to amend the Southold Town Zoning Map SCTM #1000-140-2-32 Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Elizabeth A. Neville Town Clerk Long Island State Park Commission Email: Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Assessors Town of Shelter Island Southold Town Building Department Southold Town Trustees Southold Town Board of Appeals Signature, Received By Please print name Date: Title: PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK Page I of 1 Cooper, Linda From: Bunch, Connie Sent: Tuesday, June 28, 2011 2:45 PM To: 'Cooper, Linda' Subject: RE: PH COZ Got it From: Cooper, Linda Sent: Tuesday, .June 28, 2011 9:23 AH To: Bunch, Connie; Cantrell, Elizabeth; Cooper, Linda; Lanza, Heather; Randolph, Llnda; Standish, Lauren; Toth, Vicki; Verity, Mike Subject: PH COZ 6/29/2011 ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 28,2011 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on July 19, 2011: :35 PM - Local Law to amend the Southold Town Zoning Map SCTM #1000-140-2-32 Please sign a duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Email: Southold Town Planning Board Southold Town Assessors Southold Town Building Department Town of Riverhead Elizabeth A. Neville Town Clerk Long Island State Park Commission Southold Town Trustees Southold Town Board of Appeals Town of Shelter Island Town of Southampton Signature, Received By Please print name Date: Title: PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK Page Iofl Cooper, Linda From: Cooper, Linda Sent: Tuesday, June 28,2011 9:24 AM To: 'Riverhead Town Clerk'; 'Shelter Island Town Clerk'; 'Southampton Town clerk ' Subject: PH COZ Attachments: PH COZ 7_20110628085905,pdf 6/28/2011 Page 1 of 1 Cooper, Linda From: Cooper, Linda Sent: Tuesday, June 28, 2011 9:23 AM To: Bunch, Connie; Cantrell, Elizabeth; Cooper, Linda; Lanza, Heather; Randolph, Linda; Standish, Lauren; Toth, Vicki; Verity, Mike Subject: PH COZ Attachments: PH COZ 7_20110628085905.pdf 6/28/2011 RESOLUTION 2011-473 ADOPTED DOC ID: 6959 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-473 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 21, 2011: WHEREAS, by Local Law No. 30 of 1999, the Town Board of the Town of Southold, in connection with the County Route 48 Land Use Study, rezoned the entirety of a parcel of land in Mattituck identified as SCTM # 1000-140-2-32, from Light Industrial (LI) to R-40; and WHEREAS, the rezoning of the entirety of the parcel appears to have'been in error, as the supporting Planning documents contemplated rezoning only the portion of that parcel fronting on Mary's Road from LI to R-40; and WHEREAS, the Town Board finds it appropriate to correct that error and to rezone the portion of SCTM//1000-140-2-32 that was to have remained LI, back to LI; and WHEREAS, rezoning of the portion of the subject site as LI is consistent with the County Route 48 Land Use Study. NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold is considering the change of zone of that portion of SCTM//1000-140-2-32 that was intended to remain LI on its own motion; and it is further RESOLVED that the Town Board of the Town of Southold requests the Planning Board and/or Planning Staff to prepare a report and recommendations on the proposed rezoning, including a SEQRA report and recommendation; and it is further RESOLVED that the Town Clerk of the Town of Southold is directed to forward the matter to the Suffolk County Planning Commission for a report and recommendations; and it is further RESOLVED that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County, New York, the Town Board of the Town of Southold will hold a public hearing on a proposed Local Law entitled "A Local Law to amend the Zoning Map of the Town of Southoid by Changing the Zoning Designation of that portion of SCTM #1000-140-2-32 from R-40 to LI" at Southold Town Hall~ 53095 Main Road~ Southold~ New York~ on the 19th day of Jul¥~ 2011 at 4:35 p.m. The portion of the property to be rezoned is approximately .52 acres, is located off of Mary's Road in Mattituck, and depicted in the attached drawing. Resolution 2011-473 Board Meeting of June 21,2011 RESULT: Elizabeth A. Neville Southold Town Clerk ADOPTED [UNANIMOUS] Updated: 6/23/2011 3:4l PM by Linda Cooper Page 2 Resolution 2011-473 Board Meeting of June 21, 2011 MOVER: Albert Krupski Jr., Councilman SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Updated: 6/23/2011 3:41 PM by Linda Cooper Page 3