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HomeMy WebLinkAboutLL 2012 #01ANDREW M. CUOMO STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA 99 WASHINGTON AVENUE ALBANY, NY 12231-0001 February 1, 2012 · CESAR A. PERALES SECRETARY OF STATE Lynda M Rudder Deputy Town Clerk Town Hall, 53095 Main Road PO Box 1179 Southold NY 11971 FE3 6 20]~ RE: Town of Southold, Local Law I 2012, filed on January 31, 2012 Dear Sir/Madam: The above referenced material was filed by this office as indicated· Additional local law fi!~ng forms can be obtained from out website, www.dos.state.n¥.us. Sincerely, State Records and Law Bureau (518) 474-2755 WWW,OOS.STATE.NYUS ' E-MAIL:INFO~DOS.STATE.NY.US SOUTHOLO MPO SOUTHOLD, New York 119711000 3548330971-0097 01/26/2012 (800)275-8777 11:23:13 AM ~ Sales Receipt ~ Product Sale Unit Final Description Oty Price Price Unnumbered Parcel Hail Pickup $0.00 ALBANY NY 12231 $18.95 Zone-2 Express Hail PO-Add Flat Rate Env 3.00 cz. Label ~:EN39073664?US Fri 01/27/12 12:00 PH - Expected Delivery. Honey Back guarantee Signature Requested Paid by account~ $18.95 EMCA number: 119294 TOWN OF SOUTHOLD Issue PVI: $0.00 Total: $0.00 Paid by: Order stamps at usps.com/shop or call 1-800-Stamp24. 80 to usps.com/clicknship to print shipping labels with postage. For other information call 1-BOO-ASK-USPS. Get your mail when and where you want it with a secure Post Office Box. Sign up for a box online at usps.com/poboxes. Bill#:1000302135828 Clerk:77 All sales final on stamps and postage Refunds for guaranteed services only Thank you for your business HELP US SERVE YOU BETTER Go to: https://postalexperience.com/Pos TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE YOUR OPINION COUNTS Customer Copy 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, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 26, 2012 Express Mail RE: Local Law No. 1 of 2012 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. I of 2012 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 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. rn County r~ City [] Town of [] Village SOUTHOLD Local Law No. 1 of the year 2012. A Local Law entitled, A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a .52-acre portion of SCTM #1000-140-2-32 from R-40 to RO Be it enacted the Town Board of the: rn County n City [] Town of r~ Village SOUTHOLD Section 1. Purpose. The Town Board of the Town of Southold has performed the necessary analyses and studies in connection with the inclusion of this .52-acre portion of SCTM #1000-140-2-32 in the RO zone and finds that this amendment to the zoning map is consistent with the Town's comprehensive plan and the zoning in the adjacent area. The purpose of this Local Law is to promote the planned orderly growth and development of the Town. Section 2. Code Amendment. Based upon the Town Board's 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 280-6 of the Town Code to extend the RO zoning district to include and incorporate the .52-acre portion of SCTM #1000-140-2-32 with frontage on Mary's Road as depicted on the attached map. The remaining portion of SCTM #1000-140-2-32 (the 9-acre portion adjacent to SCTM #1000-140-2-30) shall continue to be zoned LI. 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. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rcv 05/05) SCTM 1000-140,-2-32 (in partt Zoning Tax Parcel MIp Prepared by Tow~l Noyemt~r 3, 2014 Atd~I Pholog;~pPr~ Tsken F:rom ~ng 200? 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. I of 20 12 . of the (C~::n.~')(C:.~,)(Town) (V~c.g:) of SOUTHOLD was duly passed by the TOWN BOARD on December 20 ,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 approvedXrepassed after disapproval) by the on 20 . Such local law was submitted to the people by reason of a (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.) 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) (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.) 1 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.) 1 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.) 1 further certify that 1 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. Cler~ of~h~ounty-legi~lative bo'~y.~City. Town or Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk Date: January 23~ 2012 (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 I, the undersigned, hereby certify that the foregoing local law contain~e corot text and that all proper proceedings have been had or taken for the enactment of the local law annexe~l~_~' ) SignatuYe,_~----~ Martin D. Finnegan, Town Attorney Jennifer Andaloro~ Esq. Assistant Town Attorney Title Town of SOUTHOLD Date: January23~2012 RESOLUTION 2011-872 ADOPTED DOC ID: 7443 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-872 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 20, 2011: WHEREAS, there was presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 9th day of November, 2011, a Local Law entitled "A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a .52-acre portion of SCTM #1000-140-2-32 from R-40 to RO"; 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 a portion of a parcel fronting on Mary's Road, Mattituck, identified as SCTM #1000-140-2-32, from Light Industrial (LI) to R- 40; and WHEREAS, upon further review of the zoning in the area, the Town Board finds it appropriate to extend the adjacent Residential Office (RO) zoning to include this .52-acre portion of SCTM #1000-140-2-32; and WHEREAS, extending the RO zoning and rezoning the portion of the subject site as RO is consistent with the zoning of the adjacent area and the comprehensive plan of the Town; and WHEREAS, the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law on Tuesday, December 6, 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 December 6, 2011 and conducted a SEQRA review on the proposed zone change, and on December 6, 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 Chan~in~, the Zoning Designation of a .52-acre portion of SCTM #1000-140-2-32 from R-40 to RO" which reads as follows: LOCAL LAW NO. 1 of 2012 Section 1. Purpose. Resolution 2011-872 Board Meeting of December 20, 2011 The Town Board of the Town of Southold has performed the necessary analyses and studies in connection with the inclusion of this .52-acre portion of SCTM #1000-140-2-32 in the RO zone and finds that this amendment to the zoning map is consistent with the Town's comprehensive plan and the zoning in the adjacent area. The purpose of this Local Law is to promote the planned orderly growth and development of the Town. Section 2. Code Amendment. Based upon the Town Board's 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 280-6 of the Town Code to extend the RO zoning district to include and incorporate the .52-acre portion of SCTM #1000-140-2-32 with frontage on Mary's Road as depicted on the attached map. The remaining portion of SCTM #1000-140- 2-32 (the 9-acre portion adjacent to SCTM # 1000-140-2-30) shall continue to be zoned LI. 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: 1/23/2012 11:20 AM by Lynda Rudder Page 2 Resolution 2011-872 Board Meeting of December 20, 2011 Divello Property SCTM 1000-140.-2-32 (in part) Zoning Tax Parcel Mep Prq)ared by 'r'ow~ of Southold Ql$ November 3, 201 ~ Aertal Photographs Taken From ~rtng 2007 Right RESULT: Elizabeth A. Neville Southold Town Clerk ADOPTED [UNANIMOUS] Updated: 1/23/2012 11:20 AM by Lynda Rudder Page 3 Resolution 2011-872 Board Meeting of December 20, 2011 MOVER: Albert Krupski Jr., Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Updated: 1/23/2012 11:20 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 Sou~hold, NewYork 11971 i!: ~Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 16, 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 December 6, 2011: 7:32 PM - Local Law to amend the Zoning Map of the Town of Southold by Cham,in~ the Zoning Designation of a .$2-acre portion of SCTM #1000-140-2-32 from R-40 to RO. Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attacks 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 Shelter Island Town of Southampton Southold Town Building Department Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals 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 November 16, 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 December 6, 2011: 7:32 PM - Local Law to amend the Zoning Map of the Town of Southold by Changing the Zoning l)esignation of a .52-acre portion of SCTM #1000-140-2-32 from R-40 to RO. Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments cc: Sfl'folk ~4~llage County Department of Planning of Greenport Email: Town of Riverhead Pleas, Town of Southampton Southold Town Planning Board Southold Town Assessors Ir?, R. eceivedDB~/~.; . r,'// //o ~rint name Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Southold Town Building Department Southold Town Trustees Southold Town Board of Appeals Date: /I //2~'/t { Title: PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK ELIZAB~TIt A. NEVII.LE, TOWN CLERK REGISTRAR OF VITAL ~EATISTICS IVLARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 8outhold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtowmnorthfork, net OFFICE OF ~ TOWN CLERK TOWN OF SOUTHOLD November 15, 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 December 6, 2011: 7:32 pM - Local Law to amend the Zoning Map of the Town of Southold by ChanRing the Zoninp Designation of a .52-here oorfion of SCTM #1000-140-2-32 from R-4O to RO. Please sign a duplicate of this letter and return to me at your earliest converdence by mall or email. Thank you. Attachments cc: Suffolk County Depaihuent of Planning Village of Greenport Email: Southold Town Planning Board Southold Town Assessors Southold Town Building Depamnent t~_qwn V e Sig~e, Receive~l. Bl~ ~ ] ~*-a~c+~_o /~- I/Ut 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 Date: Title: ~,0 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.north fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 16, 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 December 6, 2011: 7:32 PM - Local Law to amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a .52-acre portion of SCTM #1000-140-2-32 from R-40 to RO. Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport f./L~ong 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 ture, Received B~ '1 \[ Please print name Date: 11-1'7~11 Title:t~to~-/_.a~cX?r_ ,4-e-~ PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGE~NT OFFICER FREEDOM OF INFORMATION OFFICER Town HaH, 53095 Main Road ~-O, ]~oa 1179 ~uthold, NewYork 11971 Fax (631) 765-614~ 'l'~loPhOr~e (6~1) 785-1800 aoutholdtawn.northgork~ r~ OFFICE OF THE TOWN CLRRK TOWN OF SOUTHOLD November 16, 2011 PLEASE TAKE NOTICE that the Town Board of ~he Town of Southold will hold PUBLIC HEAR/NC on the proposed Local Law listed below on December 6. 2011: 7.:32 PM - Loca.! Law to amend the Zoning Mac of the Town of Southold by Changing the Zoniar Designation cfa .S2-aere portion of $CTM #1000-140-~-32 from R-40 to RQ~ Please sign a duplicate of this letter and ~emm to mc at yo~ earliest convenience by mail or email. Thank you. Atlachraents cc: Suffolk Coun~ Department of Plan.Mng Village of Oreenport Fan,*q: Southold Town Planning Board $outhold Town Assessors Southold Town Building Department Town of RJvcrhead Signature, Received B~ o Elizabeth A. Neville Town Clerk Long Island State P~rk Commission Southold Town Trustees t~ownthold Town Board of Appeals of Shelter Island Town of Southampton Date: //~ t Title: ~ PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK 11/17/2011 16:31 6312035606 TOWN CLERK PAGE 01/01 ELIZABETH A. NEVILLE, MMC TOWN CLERK .RIDGISTPd~R OF VITAL STATISTICS iVLARRIAGE OFFICEI~ I{ECORDS OF MANAGEIVfENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road Re, Box 1179 Soutlio]d, New York 11971 Fox (631) 765-6148 Telephone (631) 768-1800 ~ou,tholdtowmnorO~fork,met OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 16, 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 December 6, 2011: 7:32 PM - Local Law to amend the Zoning MaD of the Town..of..Sonthoid bY Changln~ the Z0nin~ Designation of a .52-acre oorfion of SCTM #1000-140,-2-32,from R-40 to RO. Please sign a duplicate of this letter and remm to me at your earliest convenience by mail or emaJl. Thank you, Attachments cc: Suffolk County Department of Plarming Village of Greenport Email: Southold Town Planning Board Southold Town Assessors Southold Town Building Department Town of Riverhead Signature, Received By Please print naine ' / Elizabeth A. Neville Town Clerk Long island State Park Commission Southold Town Trustees Southold Town Board of Appeals Town Of Shelter Islam l...-T~wn of Southampton Date: ////7// [ Title: PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILL1E, 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 RFCEIVED OFFICE OF ~ TOWN CI TOWN OF SOUTHOLD November 16, 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 December 6, 2011: 7.:32 PM - Local Law to amend the Zoning Map of the Town of Southold by Changiw, the ZoninR Designation of a .52-acre portion of SCTM 01000-140-2-32 from R-40 to RO. 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 T of Riv head 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 Date: I1- I(o- II PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK 11/16/2811 15:17 ~317659064 ZONIN~BDOF~PPEALS P~6E 81/01 ELIZABETtt A. NEVILLE, b~VIC TOWN CLERK ~GE OFF~ER ~CORDS OF ~AGEMENT OFFICER FREEDOM OF INPO~TION OFFICER (631) 76S-61~ ~lephone (681) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Novcmbcr 36, 2011 Southold Town Clerk PLEASE TAKE NOTICE that the Town Bo~d of the Tovm of Southold will hold PUBLIC HEARING on thc proposed Local Law listed below on December 6, 2011: 7.!32 PM - Loc,al Law to amend the Zonin~ Mai> of the Town ,of SouLh,pld by Chanein~ the Zonin~ Designation of a .52-acre portion of SCTM #100fl-140M2-32 fram R-40 to RO. Please sign a 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 Crreenport Email: Southold Town Planning Board Southold Town Azsesso2's Southold Town Building Department Signature, Reeelved B~i~x 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 ANDREW M. CuoMo GOVERNOR STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA 99 WASHINGTON AVENUE ALBANY, NY 12231-0001 CESAR A. PERALEE; Dear Sir/Madc~m: January 19, 2012 The above-referenced materials are being returned for the following reason(s): For the purpose of filing a local law with the Depadment of State, number each local law consecutively, beginning with the number one for the first local law filed in each calendar year. The next number in sequence should be applied to each local law when it is submitted to the Department of State for filing, regardless of its date of introduction or adoption or introductory bill number. Please note that the date of filing of a local law is the date on which the local law is placed on file by the Department. Therefore, since these Local Laws were mailed and received in 2012, they must be a 2012 law. It is Suggested that municipalities use introductory identifying bill numbers for · proposed local laws. After the local law is enacted (and approved by the voters, if required), the local law should then be numbered with the next consecutive local law number, as described above, and then submitted to the Department for filing. Sincerely, Linda Lasch Principal Clerk Bureau of State Records (518) 474-2755 WWW.DO$.STATE.NY.US * E-MAIL:INFOQDOS,STATE.NY.U$ Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREE1 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 Cl Village SOUTHOLD Local Law No. 14 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 a .52-acre portion of SCTM # 1000-140-2-32 from R-40 to RO Be it enacted the Town Board of the: [] County [] City [] Town of [] Village SOUTHOLD Section 1. Purpose. The Town Board of the Town of Southold has performed the necessary analyses and studies in connection with the inclusion of this .52-acre portion of SCTM # 1000-140-2-32 in the RO zone and finds that this amendment to the zoning map is consistent with the Town's comprehensive plan and the zoning in the adjacent area. The purpose of this Local Law is to promote the planned orderly growth and development of the Town. Section 2. Code Amendment. Based upon the Town Board's 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 280-6 of the Town Code to extend the RO zoning district to include and incorporate the .52-acre portion of SCTM # 1000-140-2-32 with frontage on Mary's Road as depicted on the attached map. The remaining portion of SCTM #1000-140-2-32 (the 9-acre portion adjacent to SCTM #1000-140-2-30) shall continue to be zoned L1. 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. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev.05/05) DJvello Property SCT M 1000-140.-2-32 (in part} r'-'-"l zoning Tax Parcel Map Prepare,~ by Tow~ ol ~oulbold Ola Aedal Ph~ograph~ Taken Prom ~tng ~O? Iqlght 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.) I hereby certify that the local law annexed hereto, designated as local law No. 14 of 20 11 of the (Cz::n?.;)(C~,~')(Town) ('.q~:.g:) of SOUTHOLD was duly passed by the TOWN BOARD on December 20 ., 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)(repassed 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.) 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) (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 ora 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.) 1 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.) I 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 1 , above. Clerk ofthe-Ou-nty legislative body. City. Town or- (Seal) Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk Date: December 30~ 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 co~ correct'X~xt have been had or taken for the enactment of the local lawannexe~~ signat ur~ Martin D. Finnegan, Town Attorney Jennifer Andaloro~ Esq.~ Assistant Town Attorney Title Town of SOUTHOLD Date: and that all proper proceedings December 30~ 2011 4 RESOLUTION 2011-872 ADOPTED DOC ID: 7443 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-872 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 20, 2011: WHEREAS, there was presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 9th day of November, 2011, a Local Law entitled "A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a .52-acre portion of SCTM #1000-140-2-32 from R-40 to RO'; 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 a portion of a parcel fronting on Mary's Road, Mattituck, identified as SCTM #1000-140-2-32, from Light Industrial (Ll) to R- 40; and WHEREAS, upon further review of the zoning in the area, the Town Board finds it appropriate to extend the adjacent Residential Office (RO) zoning to include this .52-acre portion of SCTM #1000-140-2-32; and WHEREAS, extending the RO zoning and rezoning the portion of the subject site as RO is consistent with the zoning of the adjacent area and the comprehensive plan of the Town; and WHEREAS, the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law on Tuesday, December 6, 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 December 6, 2011 and conducted a SEQRA review on the proposed zone change, and on December 6, 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 Southoid by Chan~,im, the Zoning Designation of a .52-acre portion of SCTM #1000-140-2-32 from R-40 to RO" which reads as follows: LOCAL LAW NO. 14 of 2011 Section 1. Purpose. Resolution 2011-872 Board Meeting of December 20, 2011 The Town Board of the Town of Southold has performed the necessary analyses and studies in connection with the inclusion of this .52-acre portion of SCTM # 1000-140-2~32 in the RO zone and finds that this amendment to the zoning map is consistent with the Town's comprehensive plan and the zoning in the adjacent area. The purpose of this Local Law is to promote the planned orderly growth and development of the Town. Section 2. Code Amendment. Based upon the Town Board's 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 280-6 of the Town Code to extend the RO zoning district to include and incorporate the .52-acre portion of SCTM #1000-140-2-32 with frontage on Mary's Road as depicted on the attached map. The remaining portion of SCTM #1000-140- 2-32 (the 9-acre portion adjacent to SCTM # 1000-140-2-30) shall continue to be zoned LI. 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: 1/9/2012 8:47 AM by Lynda Rudder Page 2 Resolution 2011-872 Board Meeting of December 20, 2011 Divello Property SCTM 1000-140,-2-32 (in part) ~ Zoning Tax Parcel RESULT: Elizabeth A. Neville Southold Town Clerk ADOPTED [UNANIMOUS] Updated: 1/9/2012 8:47 AM by Lynda Rudder Page 3 Resolution 2011-872 Board Meeting of December 20, 2011 MOVER: Albert Krupski Jr., Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Updated: 1/9/2012 8:47 AM by Lynda Rudder Page 4 US Airbill Express 8663 9461 6448 Date J_ C~. ~(~[~,.. AccountNumber NameSender's 1067-70~9-8 Co~,anyTOWN OF SOUTHOLD 4b ExpressheightService FedEx 1Da Frei Address 53095 ROUTE ~5 5 Packagino c~SOUTHOLD s~.te NY zip 11971 To NameRecipient's L \ ~,.~ll~ O~' L ~LS ~...~'~ Phone( ) 4a Express Package Senrice dEx Pdodty Ovemighi ~..~ ~"--.~i~=~ ~j,n~ mor~r~ ' F~deY FedEx Standard Overnight ~ FedExPak* [] FedEx ~ FedEx [] Ot~er ;I Terms And Conditions I)elinitions On this Airbill, "we,' 'OLJrr" US," and "FedEx" Respa sibi it,: F~ ~ack;~gi~j A,-,d Cem;}!eting Airbill Limitations On Our Liability And Liabilities Not Assumed · We won t be liagle: for your acts or om~ssions, g/cludirig but riot gmked to improper or insufficient packing, securing, marking or addressing, or those o~ the recipient or anyone else with an interest in the package Declared 'v'4~ u~ l;ii~its · The highest declared value allowed !or a FedEx Envelope or FedExPakshipmenti S500 · For other shipments, the highest declared value ahowed is value, in which ease the. I?ighes[ declared value allowed is $500 · Items of extraordinary value include shipments co~taining · You may send more than one package on this AJrgillan¢ in the total declared value for ali packages, not te exceed the SlO0, $500, or S50,000 per package limit described above (Example: 5 packages carl have a total declared value of up [o $250,000 1 In ~hat case, ou¢ lia bflity is limited to the actuaJ value of the pac kage(s) lost or damaged, but may not exceed the maximdm aflowabie declared value(s) ortho total declared Rudder, L}/nda From: Sent: To: Subject: ezsupp [ezsupp@generalcode.com] Monday, January 09, 2012 3:19 PM Rudder, Lynda RE: 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 Fsx (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 9, 2012 Federal Express Local Law No. 14 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. 14 of2011 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 ALBANYl 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. 14 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 a .52-acre portion of SCTM # 1000-140-2-32 from R-40 to RO Be it enacted the Town Board of the: rn County [] City [] Town of [] Village SOUTHOLD Section 1. Purpose. The Town Board of the Town of Southold has performed the necessary analyses and studies in connection with the inclusion of this .52-acre portion of SCTM #1000-140-2-32 in the RO zone and finds that this amendment to the zoning map is consistent with the Town's comprehensive plan and the zoning in the adjacent area. The purpose of this Local Law is to promote the planned orderly growth and development of the Town. Section 2. Code Amendment. Based upon the Town Board's consideration of the recommendations of the Town Planning Board, the Suftblk 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 280-6 of the Town Code to extend the RO zoning district to include and incorporate the .52-acre portion of SCTM #1000-140-2-32 with frontage on Mary's Road as depicted on the attached map. The remaining portion of SCTM #1000-140-2-32 (the 9-acre portion adjacent to SCTM #1000-140-2-30) shall continue to be zoned L1. 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. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev 05/05) Divello Property SCTM 1000-140.-2-32 (in part) Zoning Tax Parcel Map Prepared by Tow~ November :~, 201 Aerial Photoglaph$ Taken From ~ng 2007 FIIgM 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.) I hereby certify that the local law annexed hereto, designated as local law No. 14 of 20 11 of the (~Gotm~)(q?~,O(Town) (V:.P.:G:) of SOUTHOLD was duly passed by the TOWN BOARD on December 20 ,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 approvedXrepassed 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.) 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) (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 ora 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.) 1 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 ora 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.) 1 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.) I further certify that 1 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. 6~eal) Cler~ofth~ounty)fi~islatix36 body. City. Town or Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk Date: December 30~ 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 contain~ect text~a that all have been had or taken for the enactment of the local law annexed~,~ Signature Martin D. Finnegan, Town Attorney Jennifer Andaloro~ Esq.~ Assistant Town Attorney Title Town of SOUTHOLD Date: proper proceedings December 30~ 2011 4 RESOLUTION 2011-872 ADOPTED DOC ID: 7443 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-872 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 20, 2011: WHEREAS, there was presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 9th day of November, 2011, a Local Law entitled "A Local Law to Amend the Zoning Map of the Town of Southold by Chanc, in~ the Zoning Designation of a .52-acre portion of SCTM #1000-140-2-32 from R-40 to RO"; 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 a portion of a parcel fronting on Mary's Road, Mattituck, identified as SCTM #1000-140-2-32, from Light Industrial (LI) to R- 40; and WHEREAS, upon further review of the zoning in the area, the Town Board finds it appropriate to extend the adjacent Residential Office (RO) zoning to include this .52-acre portion of SCTM #1000-140-2-32; and WHEREAS, extending the RO zoning and rezoning the portion of the subject site as RO is consistent with the zoning of the adjacent area and the comprehensive plan of the Town; and WHEREAS, the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law on Tuesday, December 6, 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 December 6, 2011 and conducted a SEQRA review on the proposed zone change, and on December 6, 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 a .52-acre portion of SCTM #1000-140-2-32 from R-40 to RO" which reads as follows: LOCAL LAW NO. 14 of 2011 Section 1. Purpose. Resolution 2011-872 Board Meeting of December 20, 2011 The Town Board of the Town of Southold has performed the necessary analyses and studies in connection with the inclusion of this .52-acre portion of SCTM # 1000-140-2-32 in the RO zone and finds that this amendment to the zoning map is consistent with the Town's comprehensive plan and the zoning in the adjacent area. The purpose of this Local Law is to promote the planned orderly growth and development of the Town. Section 2. Code Amendment. Based upon the Town Board's 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 280-6 of the Town Code to extend the RO zoning district to include and incorporate the .52-acre portion of SCTM #1000-140-2-32 with frontage on Mary's Road as depicted on the attached map. The remaining portion of SCTM #1000-140- 2-32 (the 9-acre portion adjacent to SCTM #1000-140-2-30) shall continue to be zoned LI. 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: 1/9/2012 8:47 AM by Lynda Rudder Page 2 Resolution 2011-872 Board Meeting of December 20, 2011 Dlvello Property SCTM 1000-140-2-32 (in part) r-'-'l zoning Tax Parcel Map Prel)are~ by Town ol' $outhold Aedal Ph~grepht Taken From RESULT: Elizabeth A. Neville Southold Town Clerk ADOPTED [UNANIMOUSl Updated: 1/9/2012 8:47 AM by Lynda Rudder Page 3 Resolution 2011-872 Board Meeting of December 20, 2011 MOVER: Albert Krupski Jr., Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Updated: 1/9/2012 8:47 AM by Lynda Rudder Page 4 MARTIN D. FINNEGAN TOWN ATTORNEY martin.finnegan@town.southold.ny.us JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY jennifer.andaloro@town.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulse@town.southold.ny.us SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM To: Ms. Elizabeth A. Neville, Town Clerk DEC 2 0 2011 From: Lynne Krauza Secretary to the Town Attorney December 20, 2011 LUDiVello Rezone - SEQRA Date: Subject: For your records, I am enclosing the original, fully executed Short Environmental Assessment Form in connection with the referenced matter. We have retained a copy of this document in our file. Also enclosed is a copy of the resolution authorizing Scott to sign same. If you have any questions, please do not hesitate to call me. Thank you for your attention. /Ik Enclosures ORIGINAL Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by A~plicant or Proiect Sponsor) I1. APPLICANT/SPONSOR ~2. PROJECT NAME Town Board of the town of Southold /Zoning Amendment for SCTM # 1000-140-2-32 3. PROJECT LOCATION: Municipality Mattituck County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 305 Hill Street, Mattituck New York 5. PROPOSED ACTION IS: [] New [] Expansion [] Modification/alteration ~}~ 6. DESCRIBE PROJECT BRIEFLY: Amendment to thc Zoning Map of the Town of Southold by Extending the Re zoning district to include and incorporate a .52 acre portion of SCTM if 1000-140-2-32. 7. AMOUNT OF LAND AFFECTED: Initially .52 acres Ultimately .52 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ~L~ Yes [_.J No If No, describe beefly 9. WHAT IS PRESENT LAND USE N VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture [] Park/Forest/Open Space [] Other Describe: 10. DOES ACTION INVOLVE A PERM T APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] No If Yes, list agency(s) name and permit/approvals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] NO if Yes, list agency(s) name and permit/approvals: N/A 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? r-]Yes []No I CERTIFY TH~/T THE INFORMATION PROVIDED ABOVE IS TRUE TO THE Applicant/sponsor name: T~.)~ofSouthold/T~wnBoa~rd. t ..~ BEST OFMYKNOWLEDGE/Date: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? if yes, coordinate the review process and use the FULL EAF. B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. J-'-~ Yes [~]No C. COULD ACTION RESULT IN ANy ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: No C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: No C3. Vegetation or fauna, fish, shellfish or wildlife species, signiflcent habitats, or threatened or endangered species? Explain bdefly: No C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Exp[ain briefly: No C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain bdefly: No C6. Long term, sho~t term, cumulative, or other effects not identified in Cl-C57 Explain briefly: No C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: No WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes ~[~ No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] NO If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: Foreach adverseeffect identified above, determine whetherit is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or raferance supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] checkthisb~ify~uhaveidenfl~ed~ne~rm~repetentia~y~arge~rsigni~centadverseimpactswhichMAY~ccur~ ThenproceeddirectlytotheFUL[ EAF and/or prepare a positive declaration. [] Check this box f you have detsrmined, based on the information and analysis above and any supporting documentation,that the proposed action WILl NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination Town Board of the Town of Southold ,.~. Name of Lead Agency Scott Russell Supervisor ~nature of ~a~rer (If'diff~'ent from responsible officer) RESOLUTION 2011-826 ADOPTED DOC ID: 7395 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-826 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 6, 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 Changing the Zoning Designation of a .52-acre portion of SCTM #1000-140-2-32 from R-40 to RO" 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 December 5,2011 and that said local law is consistent with 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: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Evans, Russell ABSENT: Christopher Talbot MARTIN D. FINNEGAN TOWN ATTORNEY martin.finnegan@town.southold.ny.us JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY jennifer.andaloro@town.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulse@town.southold.ny.us SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 To: From: Date: Subject: OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM Ms. Sandi Berliner Lynne Krauza Secretary to the Town Attorney December 13, 2011 LL/DiVelIo Rezone - SEQRA RECEIVED DEC 1 4 ,~, Southolcl Town Clerk I am enclosing an original Short Environmental Assessment Form in connection with the referenced matter. A copy of the resolution authorizing Scott to sign this document is also enclosed. In this regard, kindly have Scott sign this form in both places where indicated and return to me for processing. Thank you for your attention. If you have any questions, please do not hesitate to call me. /Ik Enclosures ~ cc: Ms. Elizabeth A. Neville, Town Clerk (w/encls.) 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. APPLICANT/SPONSOR 12. PROJECT NAME Town Board of the town of Southold /Zoning Amendment for SCTM #1000-140-2-32 3. PROJECT LOCATION: Municipally Mattituck County Suffolk 4, PRECISE LOCATION (Street address and road intersections, prominent landmad[s, etc,, or provide map) 305 Hill Street, Mattituck New York 5. PROPOSED ACTION IS: j--]New r~ Expansion ~] Modifi cation/alteration 6. DESCRIBE PROJECT BRIEFLY: Amendment to the Zoning Map of the Town of Southold by Extending the RO zoning district to include and incorporate a .52 acre portion of SCTM # 1000-140-2-32. 7, AMOUNT OF LAND AFFECTED: Initially .52 acres Ultimately 32 acres 8, VVILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [~J Yes [] No If No, desc~be bdetiy is PRESENT LAND USE IN VICINI OF PROJECT? [] Residential [] Indusbial [] Commerdal [] Agriculture [] PaddFomst/Open Space [] Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [~J Yes [~ No If Yes, list agency(s) name and bennit/approvals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ~J Yes [] No If Yes, list agency(s) name and permit/approvals: N/A 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [--]Yes J~-'] No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Town of'$outhold Town Board Date: Signature: If the action is in the Coastal Area, and you are a state agency, complete the I Coastal Assessment Form before proceeding with this assessment OVER 1 PART II - IMPACT ASSESSMENT {To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL FAF. r~Yes [~'] No WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If NO, a negative declaration may be supemeded by another involved agency. ~-] Yes ~']No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwrit[en, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattam, so~id waste production or disposal, potential for erosion, drainage or flooding probfems? Explain briefly: No C2. Aesthetic, agriculturel, arcflaeelngical, historic, or other natural or cultural resources; or community or neighborhood charactar? Explain briefly: No C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threaten6d or endangered species? Explain briefly: No C4. A community's existing pians o~ goals as officially adopted, or a change in use or intensity of use of land or ether natural resources? Explain bdefly: No C5. Growth, subsequent development, or related activities likely to be induced by the pmposod action? Explain bhefly: No C6. Long term, short term, cumulative, or other effecfe not identified in Cl-C57 Explain briefly: No C7. Other impacts (including changes in uso of either quantity or type of energy)? Explain briefly: No D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes ~-~'l No If Yes, exlflain bhefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately eddmssed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] Check this box if you have identified one or mom petentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULl EAF and/or prepare a positive declaration. [] Check this box if you have determinad, besed on the information and analysis above and any supporting documentation, that the proposed acfion W1LI NOT result in any significant adverse environmental impacts AND provide, on attacl~ments as necessary, the reasons supporting this determinafior Town Board of the Town of Southold A* Name of Lead Agency Scott Russell Pdnt or Type Name of Responsibfe Officer in Lead Agency Signature of Responsible Officer in Lead Agency Date Supervisor r (If'diff~-ent from responsible officer) RESOLUTION 2011-826 ADOPTED DOC ID: 7395 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-826 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 6, 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 Chan~in~ the Zoning Designation of a .52-acre portion of SCTM #1000-140-2-32 from R-40 to RO' 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 December 5, 2011 and that said local law is consistent with 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 [UNANIMOUSI MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Evans, Russell ABSENT: Christopher Talbot SOUTHOLD TOWN BOARD PUBLIC HEARING December 6, 2011 4:32 PM Present: Absent: Supervisor Scott Russell Justice Louisa Evans Councilman Albert Krupski, Jr. Councilman William Ruland Councilman Vincent Orlando Town Clerk Elizabeth Neville Town Attorney Martin Finnegan Councilman Christopher Talbot This heating was opened at 8:04 PM JUSTICE EVANS: NOTICE IS HEREBY GIVEN 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~,ing the Zoning Designation of a .52-acre oortion of SCTM 1/1000-140-2-32 from R-40 to RO" at Southold Town Hall~ 53095 Main Road~ Southold~ New Yorlq on the 6th day of December~ 2011 at 7:32 p.m. The portion of the property to be rezoned is approximately .52 acres, is located on the southwest side of Mary's Road in Mattituck. There has been a legal notice published in the Suffolk Times, I see the person who does the affidavit is on vacation but we have proof in here that it was published from the Suffolk Times and it has been posted on the Town Clerk's bulletin board in Town Hall. I have an affidavit here from our Town Clerk and I have correspondence from Andy Freleng, I have correspondence from the Town Planning Board from Martin Sidor, the chairman. "Thank you for the opportunity to comment on this application, the Planning Board has reviewed this change of zone request for a portion of the parcel referenced above for a residential office zoning district where currently it is in a residential 40 district. The location of this area between a commercial district and a low density residential district fits the purpose of this proposed new zoning designation which is described in Southold Town code section 280-37 as follows: the purpose of the residential office district is to provide a transition area between business areas and low density residential development along major roads that provide opportunity for limited DiVello Change of Zone Public Hearing December 6, 2011 2 non-residential uses and essentially residential areas while strongly encouraging the adaptive reuse of existing older residences to preserve the existing visual character of the town and to achieve the goals of well planned, environmentally sensitive balanced development which the town has determined to be desirable. The surrounding zoning includes residential office immediately to the north and on the west side is light industrial commercial zone. The south of the area is R-40 district zoning and across the street to the east is R-80 zoning, both of which are low density residential zoning districts. Changing the zone of this small area will provide a transition from the adjacent light industrial zone to the low density low residential zones adjacent across the street." And then we also have correspondence from Andrew Freleng, the chief planner from the county, "Pursuant to the requirements of section A14-14 to 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. A decision of local determination should not be construed as either an approval or a disapproval" And then we also have correspondence from Mark Terry, the LWRP coordinator, "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, 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 consistent with the LWRP policy standard and therefore is consistent with the LWRP, specifically policy one which states: foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location and minimizes adverse effect of development. The proposed action is not in a significant material conflict with a community's current plans or goals. The change of zone to residential office R-O will establish a low intensity residential commercial use transitional area between an existing low intensity (light industrial) commercial district (LI) and a low density residential district, R-80. The change further supports the purpose of the proposed new zoning designation R-O which is described in Southold Town code section 280-37 as follows: "The purpose of the residential office district is to provide a transition area between business areas and low density residential development along major roads which provide opportunity for limited nonresidential uses and essentially residential areas while strongly encouraging the adaptive reuse of existing older residences, to preserve the existing visual character of the town and to achieve the goals of well-planned, environmentally sensitive, balanced development which the town has determined to be desirable." Residential office zoning occurs immediately to the north and this change would continue the RO zoning district to the south. To the west the zoning is light industrial, a commercial zone. To the south of the area is R-40 zoning district and across the street to the east is R-80 district zoning, both of which are residential zoning districts. The zone change is not expected to have a significant impact on growth and community. Pursuant to chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action." And then we have the Short Environmental Assessment Form, the negative declaration and it is an unlisted action and I think that is it. DiVello Change of Zone Public Hearing 3 December 6, 2011 SUPERVISOR RUSSELL: Would anybody like to comment on this local law? (No response) This hearing was closed at 8:11 PM Elizabeth A. Neville 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 TOWN OF SOUTHOLD ALARM SYSTEM ALARM OWNER RENEWAL FINAL NOTICE Re: Permit No. 1715 Jane DeLynn 930 Leeton Drive Southold, NY I/q'}l Notice Type Renewal Renewal Expiration Period July 2011 July 2012 Amount Due $1o.00 $1o.oo Total Due: $20.00 Disregard this notice if you already paid your renewal(s). ALARM OWNER RENEWAL NOTICE Jane DeLynn Alarm Permit No.: 1715 Location: 930 Leeton Drive, Southold Jane DeLynn 930 Leeton Drive Southold, NY Make check payable to: Elizabeth A. Neville, Town Clerk Southold Town Hall P.O. Box 1179 Southold, NY 11971 Please return this stub with your payment. Thank you Southold Town Board - Letter Board Meeting of December 6, 2011 RESOLUTION 2011-826 ADOPTED Item # 5.27 DOC ID: 7395 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-826 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 6, 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 Changing the Zoning Designation of a .52-acre portion of SCTM #1000-140-2-32 from R-40 to RO" 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 December 5,2011 and that said local law is consistent with 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: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Evans, Russell ABSENT: Christopher Talbot Generated December 12,2011 Page 52 #10471 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Candice Schott 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 24th day of November, 2011. Sworn to before me this LEGAL NOT[CE NOTICE ~ ~BY G~N that 265 of the New York State To~ ~w and the Code of the To~ of Southold, Suffolk County, New York, ~e Town ~ ~e po~on of ~e prop- BY O~ER OF day of Principal Clerk NOTARY PUBLIC-SIATE ©c NEW YORK Quaillied in Su?oik .~eunty 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 November 16, 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 December 6, 2011: 7:32 PM - Local Law to amend the Zoning Map of the Town of Southoid by Changing the Zoning Designation of a .52-acre portion of SCTM #1000-140-2-32 from R-40 to RO. 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 RESOLUTION 2011-758 ADOPTED DOC ID: 7228 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-758 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 9, 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 a portion of a parcel fronting on Mary's Road, Mattituck, identified as SCTM # 1000-140-2-32, from Light Industrial (LI) to R- 40; and WHEREAS, upon further review of the zoning in the area, the Town Board finds it appropriate to rezone a .52-acre portion of SCTM # 1000-140-2-32 that is presently zoned R-40 to RO; and WHEREAS, rezoning of the portion of the subject site as RO is consistent with the zoning of the adjacent area. NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold is considering the change of zone of a .52-acre portion of SCTM #1000-140-2-32 from R-40 to Residential Office (RO) on its own motion; and be it 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 Zoninll Desil~nation of a .52-acre portion of SCTM #1000-140-2~32 from R-40 to RO" at Southold Town Hall~ 53095 Main Road~ Southold~ New York~ on the 6th day of December~ 2011 at 7:32 p.m. The portion of the property to be rezoned is approximately .52 acres, is located on the southwest side of Mary's Road in Mattituck, and is depicted on the attached drawing. Resolution 2011-758 Board Meeting of November 9, 2011 A~rf~l Pho~oor ~ph~ Taken I~rom RESULT: Elizabeth A. Neville Southold Town Clerk ADOPTED [UNANIMOUS] Updated: 11/4/2011 1:01 PM by Lynda Rudder Page 2 Resolution 2011-758 Board Meeting of November 9, 2011 MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Updated: 11/4/2011 1:01 PM by Lynda Rudder Page 3 PLANNING BOARD MEMBERS M~RTIN 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, NY11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 RECEIVED MEMORANDUM DEC S To: From: Date: Re: Elizabeth A. Neville, Town Clerk Martin Sidor, Chairman, Planning Board Southold Town CIerk December 2,201 '1 "A Local Law to Amend the Zonin.q Map of the Town of Southold by ChanRinq the Zonin.q Desi.qnation of a .52-acre portion of SCTM #1000- 140-2-32 from R-40 to RO" Thank you for the opportunity to comment on this application. The Planning Board has reviewed this change of zone request for a portion of the parcel referenced above to be designated as the Residential-Office Zoning District, where currently it is in the Residential-40 District. The location of this area between a commercial district and a Iow density residential district fits the purpose of this proposed new zoning designation, which is described in Southold Town Code §280-37 as follows: "The purpose of the Residential Office (RO) District is to provide a transition area between business areas and Iow-density residential development along major roads which provide opportunity for limited non-residential uses and essentially residential areas while strongly encouraging the adaptive re-use of existing older residences, to preserve the existing visual character of the town and to achieve the goals of well- planned, environmentally sensitive, balanced development, which the town has determined to be desirable." The surrounding zoning includes Residential-Office immediately to the north, and on the west side is Light Industrial, a commercial zone. To the south of the area is Residential- 40 district zoning, and across the street to the east is Residential-80 district zoning, both of which are Iow-density residential zoning districts. Changing the zone of this small area will provide a transition from the adjacent Light Industrial Zone to the Iow-density residential zones adjacent and across the street. cc: Scott Russell, Supervisor Members of the Town Board DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE RFCEiVED NOV 3 0 20~] Soulhold Town Clerk SARAH LANSDALE, AICP DIRECTOR OF PLANNING November 23,2011 Town of Southold PO Box 1179 Southold, New York 11935 Att: Ms. Elizabeth A. Neville, Clerk Applicant: Zoning Action: Resolution No.: S.C.T.M. No.: S.C.P.D. File No.: Town of Southold Change of Zone R40-RO 2011-758 1000 14000 0200 032000 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 Direct ofPlaxmi¢~g~ . 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 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 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 RECEIVED DEC 5 2~11 To: Supervisor Scott Russell Town of Southold Town Board From: Mark Terry, Principal Planner LWRP Coordinator Southold Town tier[ Date: December 5, 2011 Re: A Local Law entitled "A Local Law to amend the Zoninq Map of the Town of Southold by Chanqinq the Zoninq Desiqnation of a .52-acre portion of SCTM 111000- 140-2-32 from R-40 to RO" 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 CONSISTENT with the LWRP Policy Standards and therefore is CONSISTENT with the LWRP specifically Policy 1 which states: Policy 1 Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. The proposed action is not in a si.qnificant material conflict with a community's current plans or goals. The change of zone to Residential Office R-O will establish a Iow intensity residential - commercial use transitional area between an existing Iow intensity (light industrial) commercial district (LI) and a Iow density residential district (R-80). The change further supports the purpose of the proposed new zoning designation (R-O), which is described in Southold Town Code {}280-37 as follows: "The purpose of the Residential Office (RO) District is to provide a transition area between business areas and Iow-density residential development along major roads which provide opportunity for limited nonresidential uses and essentially residential areas while strongly encouraging the adaptive reuse of existing older residences, to preserve the existing visual character of the town and to achieve the goals of well- planned, environmentally sensitive, balanced development, which the town has determined to be desirable." Residential-office (RO) zoning occurs immediately to the north and this change would continue the RO zoning district to the south. To the west the zoning is Light Industrial (LI), a commercial zone. To the south of the area is Residential-40 zoning district, and across the street to the east is Residential-80 district zoning, both of which are residential zoning districts. The zone change is not expected to have a significant impact on growth and community. 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 617,20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Applicant or ProJect Sponsor) 1. APPLICANT/SPONSOR 12. PROJECT NAME Town Board of the town of Southold [Zoning Amendment for SCTM #1000-140-2-32 3. PROJECT LOCATION: Municipelily Matt/tuck County Suffolk 4. PRECISE LOCATION (Street address and road in~rsections, prominent landmarks, etc., or provide map) 305 Hill Street, Mattituck New York 5. PROPOSED ACTION IS: [~] New I~ Expansion ~-] Modiflcatio~alteration [N~//~ 6. DESCRIBE PROJECT BRIEFLY: Amendment to thc Zoning Map of the Town of Southold by Extending the RO zoning district to include and incorporate a .52 acre portion of SCTM #1000-140-2-32. 7. AMOUNT OF LANDAFFECTED: Initially .52 acres Ultimately .52 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTtNG LAND USE RESTRICTIONS? [] Yes [] No IfNo, describe bdefly 9. WHAT ,S PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industdal [] Commercial [] Agriculture [] Park/Forest/Open Space [] Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] No If Yes, list agency(s) name and permit/approvals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If Yes, list agency(s) name and permit/approvals: N/A 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? [--]Yes []No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Town of Southold Town Board Date: Signature: I If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment J OVER 1 PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD iN 6 NYCRR, PART 617.47 [] Yes [] NO If yes, coordinate the review process and use the FULL EAF. B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negati~ declaration may be subemeded by another invelved agency. ~'~ Yes []No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) Cl. Existing air quality, surfaco or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: No C2. Aes her c, agricultural, archaeological, historic, or other natural or cultural resources', or communiiy or neighbe~hood character'S. Explain briefly: No C3. Vegetat on or fauna fish, shellfish or wildlife species, significant habitats, or hmatened or endangered species'~. Explain briefly. No C4. A community's existing plans ~- goats as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain bdefly: No C5. Growth, subsequent development, or related activities likely o be nduced by the proposed action? Explain briefly: No C6. Long term, short term, cumulafive, or other effects not identified in C1 -C57 Explain briefly: No C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: No D. WILL THE PROJECT HAVE AN iMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes [] No If Yes, explain briefly: E. tS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] NO if Yes, explain bhetiy: PART Ill - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detati to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. [] Check this bex if you have determined, based on the informatlen and analysis above and any supberting docomentaben, that the proposed action W~Li. NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination Town Board of the Town of Southold Name of Lead Agency Date Scot~ Russell Supervisor Prfnt or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant November 30, 2011 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 7 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed change of zone of a .52-acre portion of SCTM #1000-140-2-32 from R-40 to Residential Office (RO) SCTM#: SCTM#1000-140-2-32 Zone: R-40 Location: SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: Town Board of the Town of Southold is considering the change of zone of a .52-acre portion of SCTM #1000-140-2-32 from R-40 to Residential Office (RO) on its own motion Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed. The determination was based upon the following: SEQR Negative Declaration - Page Two 1. Impact On Land The pamel is improved with a single family residence. No substantial impact to groundwater is expected to occur if the project is implemented as planned. 2, Impact of Water 2.1. Water Supply The site is served by public water. No change in water use will result. The parcel is not located within the Special Groundwater Protection Area. 2.2. Sanitary Disposal No change in sanitary disposal will occur. 2.3. Ground or Surface Water Quality or Quantity No change to ground or surface water quality or quantity will occur. 2.4. Flooding No impacts from threat of flooding will result. Impact on Air No change in existing air quality is expected to occur. Impact on Plants and Animals The parcel is not located within a New York State Department of Environmental Conservation Critical Environmental Area or a New York State Department of State Significant Fish and Wildlife Habitat Area. No significant removal or destruction of large quantities of vegetation will occur. Correspondingly, no substantial interference with the movement of any resident or migratory fish or wildlife species nor impacts on a significant habitat area will occur. Impact on Aflricultural Land Resources No adverse impacts to agricultural land will occur. SEQR Negative Declaration - Paqe Three Impact on Aesthetic Resources No adverse impacts to aesthetic resources are expected to occur. Impact on Historical and Archeological Resource-~ The proposed change of zone will not impact archeological resources. Impact on Open Space and Recreation No impacts to public open space or recreational areas will occur as a result of this action. Impact on Critical Areas The proposed action is not located within a New York Department of Environmental Conservation Cdtical Environmental Area. Impact on Transportation No adverse impacts to traffic (generation and flow) will result. Impact of Energy No major change in the use of either the quantity or type of energy is expected to occur. Noise and Odor Impact No substantial change in noise or odor is expected to occur. Impact on Public Health No creation of a hazard to human health is expected to occur. No substantial increase in solid waste production, leaching or drainage problems capable of affecting public health is expected to occur if the proposed action is implemented as planned. Impact on Growth, Character of Community or Neighborhood The proposed action is not in a significant material conflict with a community's current plans or goals. The change of zone to Residential Office (R-O) will establish a Iow intensity residential - commercial use transitional area between an existing commercial distdct Light Industrial (LI) and a Iow density residential district Residential (R-80) and supports the purpose of the proposed new zoning designation (R-O), which is described in Southold Town Code {}280-37 as follows: ~The purpose of the Residential Office (RO) District is to provide a transition area between business areas and Iow-density residential development along major roads which provide opportunity for limited nonresidential uses and essentially residential areas while strongly encouraging the adaptive reuse of existing older residences, to preserve the existing visual character of the town and to achieve the goals of well- planned, environmentally sensitive, balanced development, which the town has determined to be desirable." The Residential-office (RO) zoning occurs immediately to the north. This change would continue the RO zoning district to the south. To the west the zoning is Light Industrial, a commercial zone. To the south of the area is Residential-40 zoning district, and across the street to the east is Residential-80 district zoning, both of which are residential zoning districts. The zone change is not expected to have a significant impact on growth and community. Figure 1. Subject area. Based upon such, no significant adverse impacts to the environment are expected to occur should the project be implemented as planned. For Further Information: Contact Person: Address: Telephone Number: Mark Terry, Principal Planner Planning Board (631) 765-1938 cc: Planning Board DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE November 17, 2011 SARAH LANSDALE, AICP DIRECTOR OF PLANNING RECEIVED Town of Southold PO Box 1179 Southold, New York 11935 Att: Ms. Elizabeth A. Neville, Clerk NOV 2 8 2011 Southoicl Town Clerk Applicant: Zoning Action: Resolution No.: Public Hearing Date: S.C.P.D. File No.: Town of Southold Change of Zone R40- RO #2011-758 12/6/11 SD-11-LD Dear Ms. Neville: Pursuant to the requirements of Sections A14-14 thru A14-25 of the Suftblk 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 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 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN 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 ChanRinR the Zonin~ Designation of a .52-acre portion of SCTM #1000-140-2-32 from R-40 to RO" at Southold Town Hall~ 53095 Main Road~ Southold~ New York~ on the 6th day of December~ 2011 at 7:32 p.m. The portion of the property to be rezoned is approximately .52 acres, is located on the southwest side of Mary's Road in Mattituck. Dated: November 9, 2011 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville, Town Clerk PLEASE PUBLISH ON November 24, 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 Attomey IT Dept for Web site Dated: November 9, 2011 Divello Property SCTM 1000-140,-2-32 (in part} ~ Zoning Tax Parcel BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville, Town Clerk 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 /(,, day of Ato/./ ,2011, she affixed a notice of which the annexed printed notice is a true 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: DiVello CofZ 12/6/11 Sworn before me this /~ dayof ~Jo~' ,2011. gr&r i'u c ' LINDA d COOPER NOTARY PUBLIC, State of New Yor NO, 01C04822563, Suifolk COLIRt~r Term Expires December 31, 20 /<~ - (~) Elizabeth A. Nevil-~- - 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 Novemberl6,20:1! Re: Resolution Number 20:11-758 "A Local Law to amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a .52-acre portion of SCTM #:1000-:140-2-32 from R-40 to R0 Andrew P. Freleng, Chief Planner Suffolk County Department of Planning Post Office Box 6:100 Hauppauge, New York :1:1788-0099 Dear Mr. Freleng: The $outhold Town Board at their regular meeting held on November 9, 20:11 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 7:32P.M., Tuesday, December 6, 20:1:1. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, Southold Town Clerk Enclosure cc: Town Board Town Attorney 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 Martin Sidor, Chairman Southold Town Planning Board Southold Town Hall 53095 Main Road Post Office Box 1179 Southold, New York 1197:1 Dear Mr. Sidor: November 16, 201:1 Re: Resolution Number 201:1-758 "A Local Law to amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a .52-acre portion of SCTM #:1000-140-2-32 from R-40 to RO The Southold Town Board at their regular meeting held on November 9, 20:1:1 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 7:32P.M., Tuesday, December 6, 20:11. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, Southold lown Clerk Enclosure cc: Town Board Page I of 1 Cooper, Linda From: Candice Schott [cschott@timesreview,com] Sent: Wednesday, November 16,2011 3:13 PM To: Cooper, Linda Subject: RE: DiVello CofA Legal Notice Hi Linda, I have received the notice and we are good to go!! ©Candice From: Cooper, Linda [mailto:Linda. Cooper@town.southold.ny.us] Sent: Wednesday, November 16, 2011 1:03 PH To: tr-legals Subject: DiVello CofA Legal Notice Good Afternoon, please confirm receipt of the attached Legal Notice of PH for DiVello Change of Zone for the 11/24 (or 23) edition of the Suffolk Times, Thank you, Icoop 11/16/2011 RESOLUTION 2011-758 ADOPTED DOC ID: 7228 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-758 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 9, 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 a portion of a parcel fronting on Mary's Road, Mattituck, identified as SCTM 91000-140-2-32, from Light Industrial (LI) to R- 40; and WHEREAS, upon further review of the zoning in the area, the Town Board finds it appropriate to rezone a .52-acre portion of SCTM #1000-140-2-32 that is presently zoned R-40 to RO; and WHEREAS, rezoning of the portion of the subject site as RO is consistent with the zoning of the adjacent area. NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold is considering the change of zone of a .52-acre portion of SCTM #1000-140-2-32 from R-40 to Residential Office (RO) on its own motion; and be it 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 b.y Chanp_ine the Zonim, Designation of a .52-acre portion of SCTM #1000-140-2-32 from R-40 to RO' at Southold Town Hall~ 53095 Main Road~ Southold~ New York, on the 6th day of December~ 2011 at 7:32 p.m. The portion of the property to be rezoned is approximately .52 acres, is located on the southwest side of Mary's Road in Mattituck, and is depicted on the attached drawing. Resolution 2011-758 Board Meeting of November 9, 2011 Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] Updated: 11/4/2011 1:01 PM by Lynda Rudder Page 2 R~solution 2011-758 Board Meeting of November 9, 2011 MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Updated: 11/4/2011 1:01 PM by Lynda Rudder Page 3 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, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southo]dtown.nor th fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 16, 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 December 6, 2011: 7:32 PM - Local Law to amend the Zoning Map of the Town of Southold by Changing the Zoninv Designation of a .$2-acre portion of SCTM #1000-140-2-32 from R-40 to RO. t~ease sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed velope. 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 From; ~ Cooper, Linda Print (HF4250)I 5ant: Wed 1 t,tl6/Zo! To: 8c¢: 5co~t, Robert; Bunch~ Connie; Cantrell, Elizabeth; Cooper, Linda; Lanza, Heather; R~s~ddiph, Linda; Standish, Lauren; Toth, V~¢lq; Yerity, 5ubiect: PH No~k:e D~Ve#o Change of Zone ~achments: ~ PH Notice DiVetlo coz_20t t t t t St 42726,pdf (403 KB) LEGAL NOTICE Page 1 of I Cooper, Linda From: Cooper, Linda Sent: Wednesday, November 16, 2011 1:04 PM To: Lanza, Heather; Verity, Mike; Beltz, Phillip; Neville, Elizabeth; Norklun, Stacey; Woodhull, Ruthanne; Al Krupski (alkrupskitown@yahoo.com); Chris Talbot (christptal@yahoo.com); Louisa Evans (Ipevans@fishersisland.net); Russell, Scott; V Orlando (vincent.orlando@town.southold.ny.us); W. Ruland (rulandfarm@yahoo.com); Andaloro, Jennifer; Finnegan, Martin; Krauza, Lynne Cc: Kalin, Carol Subject: Legal Notice - DiVello C of Z LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN 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 ChanEin~ the Z0nin~, Desienation of a .52-acre portion of SCTM #1000~140-2-32 from R-40 to RO" at Southold Town Hall, 53095 Main Road, Southold, New York, on the 6th day of December, 2011 at 7:32 p.m. The portion of the property to be rezoned is approximately .52 acres, is located on the southwest side of Mary's Road in Mattituck. Dated: November 9, 2011 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville, Town Clerk PLEASE PUBLISH ON November 24, 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 Town Attomey Planning Dept. IT Dept for Web site 11/16/2011 Page 1 of 1 Cooper, Linda From: Cooper, Linda Sent: Wednesday, November 16,2011 1:03 PM To: Suffolk Times Legals Subject: DiVello CofA Legal Notice Attachments: part of 140-2-32 COZ 12-2-11.doc Good Afternoon, please confirm receipt of the attached Legal Notice of PH for DiVello Change of Zone for the 11/24 (or 23) edition of the Suffolk Times. Thank you. Icoop 11/16/2011 Page 1 of 1 Cooper, Linda From: Cooper, Linda Sent: Wednesday, November 16, 2011 1:11 PM To: Reisenberg, Lloyd Subject: DiVello p/o 140-2-32 COZ 12-2-11 Attachments: part of 140-2-32 COZ 12-2-11 .doc Please place the attached notice of public hearing on the town's website thank you Icoop 11/16/2011