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HomeMy WebLinkAboutLL-2000 #04Local Law Filin& ' NEV~r/- XRK STATE DEPARTMENT OF STATE .. _3TATE 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. ~tty~ of ..... .s..o..u. _t_h_ _o. ! _d. ....................................................................... Town Local Law No .......... -q- ...... ; ................... of the year 20--0--0-- A local law-in--Re~-a--tj-~-n.-t--~---A-..-m--e-~dj-n-g--t-be...-z-.~--n-i--n-g--~--9.d--e---£Ln-~U~D~--~9--J£B]~-~p~ (In~n District to {B) General Business District for that part of the parcel of property identified by $CTM #1000-122-3-6 as is in the R-gO Zonin§ District. Be It enacted by the ............_T__o_.w.?__._B__o__a__r_d__ .................................................. - ...... of the ~R~: of ........ ._S_o__u__t._h,o_!_d. .................................................................... as follows: Town Section 1. Enactment SCTM #1000-122-3-6 is more fully described below. A part of the parcel identified by SCTM .#1000-122-3-6 is cu£rentiy in the R-40 Residential Zoning District as designated by the Zoning Map of the Town. Based upon the consideration of the recommendations and comments of the Town Planning Board and the Suffolk County Planning Commission and public comment taken at the public hearing(s) and otherwise, we hereby change the zoning district designation of that part of the parcel identified by SCTM #1-000-122-3-6 as is subject to the R-40 Residential District designation from the R-40 Residential District to the General Business (B) District designation. SCTM #1000-122-3-6 ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, (If additional space Is needed, attach pages the same size as this sheet, and number each.) ~os-2~0 (~v. ~ t~) (1) known and designated as the rear 140 feet of SCTM#1000-122-3-6, beginning at an intedor point distant the following two courses and distances from the monument on the southerly side of Main Road and the easterly side of Bay Avenue: (1) Northeasterly along the southerlY side of Main Road 375 feet to a monument at the northeast comer'Of land now or formerly of Suter; (2) thence South 27 degrees 45 minutes 40 seconds West 196.71 feet to a monument; from said point of beginning, running North 48-degrees 21 minutes 40 seconds East 183.94 feet to a monument; running thence North 46 degrees 45 minutes East 14.64 feet to a monument and land now or formedy of Lyons & Sheppard; running thence South 58 degrees 06 minutes 30 seconds East 143~60 feet to a monument at:the northerly side of a 33' right-of-way; running thence along said 48 degrees 00. minutes West 218,00 feet to a I now or forme~ thence North 58 degrees 1 ; West 145.93 North 51 [6 feet to the ~. Being to be contiguous to the remainder of SCTM#1000- described parcel. Section 2. The zoning map as adopted by section 100-21 of the Town Code of the Town of Southold is hereby amended to reflect the within change of zoning district designation for said parCel. Section 3. This Local Law shall take effect immediately upon filing with the Secretary ' of State. (Complete the certifi an in the paragraph that applies to the · strike out that which is not applicable.) ag of this local law and 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No ........ 3 .......................... of 20_110__ of thL(Colt~(61/~(Town)(Sfffix~ of .... _S_olJ~l.ol_cJ ............................................... was duly passed by the ....... J_ 9_ .w_ _n_ _ _ ~_ 9_a_ _r_ _°_ ~ ..................... onF_alar_u~r_¥_2_9 g00_O__, in accordance with the applicable provisions of law. (Name of Leglslative Body) 2. (Passage by local legislative body with approval, no disapproval or repassage 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)Crown)(Village) of ................................................................. was duly passed by the ............................................... on .................. 20 ---, and was (approved)(not approved)(repassed after OVame of Legislative Body) disapproval) by the .................................................. and was deemed duly adopted on .................. 20 ...., (Elective Chief Executive Officer*) in accordance with the applicable prov/sions 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 (Name of £egislative Body) disapproval) by the ................................................. on ................... 20- .... Such local law was submitted (Elective Chief Executive Officer*) to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (geneml)(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 (CountyXCity)(Town)(Village) of ................................................................. was duly passed by. the ................................................... on .................. 20 ...., and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the .................................................. on .................. 20 .... Such local law was subject to (Elective Chief Executive Officer*) 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 ora 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, (2)- 5. (City local law concerning Ch~r~er reviSion proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No .................................... of 20 ...... of the City of ............................................. having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on ................... 20 .... , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No .................................... of 20 ...... of the County of .................................................... State of New York, having been submitted to the electors at the General Election of November ...................... 20 .... , pursuant to subdivisions 5 and 7 of Section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit- ies 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 therefrom and of the whole of such original local law, and was finally adopted in the manner in- dicated in paragraph ...... 1 ..... , above. Elizabeth A. Neville, Town Clerk (SeaO Date: 4-/4 / 0 0 (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 lawfi~ontains the ~xt and that all proper proceedings have been had or taken for the. enactment of the local law an~xed hereto..' Gre§ory F. Yakaboski, Town Attorney Title ~g of Town Date: Southolct 4/4/00 (3) RECEIVED $outhhold Town Clerk STATE OF NEW YORK DEPARTNENT OF STATE 4 I STATE STREET ALBANY, NY 12231-000 I ALEXANDER F. TREADWELI SECRETARy OF' STA~E April 14, 2000 ELIZABETH A. NEVILLE TOWN HALL 53095 MAIN ROAD SOUTHOLD, NY 11971 RE: Town of Southold, Local Law 4, 2000, filed 04/10/2000 The above referenced material was received and filed by this office as law filing forms will be forwarded upon request. indicated. Additional local Sincerely, Principal File Clerk Bureau of State Records (518) 474-2755 JGD :ml WVWV. DOS. STATE. NY. US · E-MAIL: NFO~DOS.STATE. NY. US 4tl 1t2000 The following material has been received and will be prc~essed for inclusion in your Code as supplemental pages (where ~pplicabte): EL Nos. 4-2000 through 7-2000 RECEIVED Town of Southold APR -~o1~ T~,,m ~ ~ B~ 1179 ~172293 ~uthotd, NY 11971 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 6, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED New York State Department of State State Records and Law Bureau [[1 State Street Albany, New York 12231 Re: Local Law Numbers [[ through 7 of 2000 Town of Southold, Suffolk County Dear Sirs: In accordance with provisions of Section 27 of the Municipal Home Rule Law, ! am enclosing herewith certified copies of Local Law Numbers ~ through 7 of 2000 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, Elizabeth A. Neville Southold Town Clerk Enclosures cc: Town Attorney PUBLIC HEARING SOUTHOLD TOWN BOARD JANUARY 4, 2000 8:00 P.M. ON THE PETITION OF STEPHEN KING FOR A CHANGE OF ZONE FROM RESIDENTIAL R-40 DISTRICT TO GENERAL DISTRICT (B) DISTRICT, SCTM #1000- Present: Absent: 122-3-6 Supervisor Jean W. Cochran Justice Louisa P. Evans Councilman William D. Moore Councilman Brian G. Murphy Councilman Craig A. Richter Town Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski Councilman John M. Romanelli SUPERVISOR COCHRAN: Councilman Moore will read the public notice. COUNCILMAN MOORE: "Pursuant to Section 265 of the Town Law and requirements of the Code of the Town of Southold, Suffolk County, New York, a public hearing will be held by the Town Board of the Town of Southold, at the Town Hall, 53095 Main Road, Southold, New York, at 8:00 P.M., Tuesday, January 4, 2000, on the proposal of Stephen King to amend the Zoning Code (including the Zoning Map) of the Town of Southold, Suffolk County, New York, by changing the zone from (R~40) R-40 Residential District to (B) General Business District. Any persons desiring to be heard on the proposed amendment should appear at the time and place above so specified. The legal description of the aforesaid property is as follows: All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk, State of New York, and described as follows: ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, Town of Southold, County of Suffolk, and State of New York, known and designated as the rear 140 feet of SCTM #1000-122-3-6, beginning at an interior point distant the following two courses and distances from the monument on the southerly side of Main Road and the easterly side of Bay Avenue: (1) Northeasterly along the southerly side of Main Road 375 feet to a monument at the northeast corner of land now or formerly of Suter; (2) thence South 27 degrees 45 minutes 40 seconds West 196.71 feet to a monument; from said point of beginning, rurming North. 48 degrees 21 minutes 40 seconds East 183.94 feet to a monument; rurming thence North 46 degrees 45 minutes East 14.64 feet to a monument and land now or formerly of Lyons & Sheppard; running thence South 58 degrees 06 minutes 30 seconds East 143.60 feet to a monument at the northerly side of 33' right-of-way; running thence along said right-of-way South 48 degrees 00 minutes West 145.93 feet to a monument; thence North 51 degrees 41 minutes East 21.26 feet to the point or place of beginning. Being and intended to be contiguous to the remainder of SCTM #1000-122-3-6 lying North of the described parcel. By Order of the Southold Town Board. Elizabeth A. Neville, Southold Town Clerk." I have an affidavit of publication in the official paper of the Town, an affidavit that it was published on the Town Clerk's Bulletin Board, a letter from the Town Planning Board stating that they are in favor of this proposed Zone change, setting forth their reasons why. That is it for correspondence. SUPERVISOR COCHRAN: You have heard the reading of the proposed zone change. At this time is there anyone that would like to speak in favor or against this change? The applicant's attorney? ABIGAIL WICKHAM: Good evening. My name is Abigail Wickham. I am an attorney on behalf of the applicant. I understand that this hearing may be recessed in order to complete the notice, and the environmental review, and we would like to submit our comments on the hearing at that time. SUPERVISOR COCHRAN: Wonderful. Okay. Anyone else like to address the Board in relation to the zone change? (No response.) If not we will keep the hearing open. I believe it will be a month from now. When it comes back we will reconvene the hearing, but it will be noticed. Right, Greg? Anyone else like to talk in relation to this change of zone? That's it now. A month from now if you would like to have input on the zone change. Elizabeth A. Neville Southold Town Clerk PUBLIC HEARING SOUTHOLD TOWN BOARD FEBRUARY 15, 2000 5:00 P.M. ON THE PETITION OF STEPHEN KING FOR A CHANGE OF ZONE FROM RESIDENTIAL R-40 DISTRICT TO GENERAL BUSINESS DISTRICT (B), SCTM #1000-122-3-6 Present: Absent: Justice Louisa P. Evans Councilman William D. Moore Councilman John M. Romanelli Councilman Brian G. Murphy Councilman Craig A. Richter Town Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski Supervisor Jean W. Cochran COUNCILMAN ROMANELLI: "Pursuant to Section 265 of the Town Law and requirements of the Code of the Town of Southold, Suffolk County, New York, a public hearing will beheld by the Town Board of the Town of Southold, at the Town Hall, 53095 Main Road, Southold, New York, at 5:00 P.M., Tuesday, February 15, 2000, on the proposal of Stephen King to amend the Zoning Code (including the Zoning Map) of the Town of Southold, Suffolk County, New York, by changing the zone from (R-40) Residential District to (B) General Business District. Any persons desiring to be heard on the proposed amendment should appear at the time and place above so specified. The legal description of the aforesaid property is as follows: All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, lying and being in the Town of Southold, County of Suffolk, State of New York, and described as follows: ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, Town of Southold, County of Suffolk, and State of New York, known and designated as the rear 140 feet of SCTM #1000-122-3-6, beginning at an interior point distant the following two courses and distances from the monument on the southerly side of Main Road and the easterly side of Bay Avenue: (1) Northeasterly along the southerly side of Main Road 375 feet to a monument at the northeast comer of land now or formerly of Suter; (2) thence South 27 degrees 45 minutes 40 minutes West 196.71 feet to a monument; from said point of beginning running North 48 degrees 21 minutes 40 seconds East 183.94 feet to a monument and land now or formerly of Lyons & Sheppard; running thence South 58 degrees 06 minutes 30 seconds East 143.60 feet to a monument at the northerly side of a 33' right-of-way; running thence along said right-of-way South 48 degrees 00 minutes West 218.00 feet to a monument and land no~v or formerly of Palmer; running thence North 58 degrees 10 minutes West 145.93 feet to a monument; thence North 51 degrees 41 minutes East 21.16 feet to the point or place of beginning. Being and intended to be contiguous to the remainder of SCTM #1000-122-3-6 lying North of the described parcel. By order of the Southold Town Board. Dated: January 4, 2000." I see no correspondence. TOWN CLERK NEVILLE: The Planning Board and the County. COUNCILMAN ROMANELLI: The County gave their correspondence. They wanted some conditions. The premises should be restricted for parking purposes only. Premises should be developed jointly with adjoining lands to the north. Access to the premises should be through the adjoining lands to the North, and appropriate buffers and screening provided to protect the nearby residences. TOWN CERK NEVILLE: Keep going. There are a lot of administrative things really, but it is there. The County one is in there, and the Town. COUNCILMAN ROMANELLI: Yes, we do have one here from our Planning Board. They are in favor of the zone change, and low density R-40 to General (B) business. There is insufficient area of parking in the General Business portion of property to support the two uses in the existing two buildings on the property. With the zone change there would be sufficient area in parking for the two uses. Because of the lack of parking the property has remained unused and unsightly through the years. The Planning Board considers the zone change to be in the best interest of the town, and that is from our own local Planning Board. That's it. COUNCILMAN MURPHY: Would anyone like to address the Town Board in relation to the zone change? GAIL WICKHAM: Good afternoon. My name is Gail Wickham. I am here on behalf of the applicant, Stephen King. I would like to start by saying I do have the affidavit of posting, which I will submit to you after the hearing. I believe that it is entirely fitting that I had to basically pull myself out of a very important basketball game that my daughter was playing in this afternoon in order to come down here and do this hearing, because for those of you who do not know the Kings, they are very, very vital and important part of supporting a community areas in Mattituck, and the North Fork communities. They own and have owned for over twenty years, East End Sporting Goods, which has been in business in Mattituck, initially on Love Lane, and for almost ten years in the what is now the Waldbaum Shopping Center in Mattituck, and they have made incredible contributions to the sports teams, the school teams, the community teams, and generally the community in general in terms of their athletic business, and I think what they are trying to do here is to enable themselves to continue in a spot where they can do it more economically. One of the difficulties they have had has been competition f~om places like Tan§er, a~d competition fzom places such a~ thc ~atemet where they ~ze dealing with comp~[6ve m~kez p[~ce, that is ou~ide o[ the ~o~W, ~d [t hm bee~ b~au~e of thor I~1 invoN~em in the b~in~s core'W, ~d in the ~po~in~ co~uniw, ~t they ~ve been ~le to do so w~ll, ~d they n~ mo~ ~p~e in ozdet to contln~e that. This p~[cu[~ p~pe~ for those of ~u who may not be f~ili~ ts actu~ly ~t west o~ the beverage p~pe~y. It ~ right b~ind whal us~ ~ be the old movie theatre tn Ma~imck, ~d it is ~ l~ge pi~e of p~peuy, ~t ~fo~tely when the To~ r~on~ in Matt[tuck ye~s a~o w~ only ~ned h~lf w~y b~k. The To~ a~i~ly picked a 200 f~i line to ~zon~, ~d didn't catch ~e b~k of this pmpe~y- Most of thc other prope~ies along there are only about 200 feet deep, so they ~e ~lly c~ver~. But this prope~y h~ been ye~ before the inception of zoning w~ u~d ~ a continuo~ ~d complete business pmpe~y, and all we ~e ~ag m do is to b~icalty legalize ~ so we ~ not dewing wi~ non-confo~ing u~. One of the pmble~ is that the buildings on ~is pmpe~y, which a~n ~ all p~-~ting, ~e I~ge. There ~e almost 9,200 sq~e fe~ of ~a in these building, which ia order ~o~odate c~nt ~ni~ ~d site pl~ ~uimmems, ~t ~a c~ot be ~lly utili~ without having l~ti~ p~kiag faciliw p~king facilifes in the back. ~at is b~ically what we ~ sea.rig m do. ~e prepay has alwa~ been ~ for p~ng in ~ec~on wi~ ~ in ~nt, but it ~ newt b~n approved to m~e it look a~a~ve ~d to ~co~o~tc ~nage, ~ l~i~, ~eae t~cs of thin~. ~ ~e ~gs tried to improve thc l~k ~d the ~ns~ction on ~c p~pe~ ~cy will in f~t be able ~ ~ if you do ~t ~e ~zo~ng. Wi~out ~at pa~ng abili~ in that ~a there is not p~ng on the ~ont pi~e, which is zon~ for business in order to ~e a sufficient ~onomic ~m. ~ ~ give ~u bdef idea of the use of the prope~y the l~ge building, which is ~ally a Quons~ t~e s~tum, w~ built v~ e~ly in ~e 1950s, and ~ for ~ara ~ a movie these, ~d ~e p~king for l~t th~e w~ includ~ in the b~k pi~e, which we ~ now ~king to ~zone. ~e prope~y w~ purch~d ~ one entire pi~e, ~d ~ ~ined in th~ single owners~p pdor to zo~ng A~ the mo~e ~ was discontinue. The building w~ ~ediately conveH~ m r~ail ~d wholes~e auto p~eh~e ~r ~ra, ~d ~, ~d ~s, ~d ~e~ is a side building that w~ ~ for many ye~ at v~o~ ~ez of ~t&l operation. More r~ently the building was a bic~le shop ~ retail usa~, ~ thc building on the west side w~ ~ for ~taii u~s such p~l s~plies, ~d mo~ ~tly ~ng sales. We ~lize that when the To~ is ~k~ to dow~one a pmp~ ~m r~id~tial to b~iness you do have to look at it v~ c~e~ly, but we ~i~ ~ given the nature of the applic~ion it is ~ app~pfi~e ~. The residen~al ~t~e of the lot is not app~pfiate ~ ~e site ~c~se it is in a heavily commemial ~. [~ ia in pall of tho Matti~ck co~erci~ di~ct, ~d the poRion of the pmpe~ ~at ia not busings ~ned ~ ~u ~e seeking ~ zone is not big enou~ to adeq~tely ad~as the 40,~ ~u~e ~idential ~ning, so ~u ~vo to get a v~ce to even ~e it for ~id~t~. Mo~v~ it is not a desirable 1o~ ~ a ~s[dential pi~e, b~a~e of~ huge buildings d~t amid it. I ~ve a letter ~m a realtor, a ~. C~I A~tin of Lewis Realty, who could not bo h~e ~day, but I would like to submit t~t at collusion of~e he.rig. It is his opinion ~at it is inappropriate ~m a value st~dpoint to ~ used ~ a r~id~tial prope~, ~d ~e use of ~at pmpe~y ~ut ~s ~pea[ will be of little or no val~. Ce~inly ~u ~'t ~ it ~r a r~iden~. [ don't ~i~ ~u would be able ~o put ~y ~e of a~aclive house on it ~at would give ~ ~nefit ~ ~e ~a, I think that the main point that [ want to make today is that in my over twenty years of doing this type et-work it is very rare to have received a letter from the Southold Town Piatming Board favoring the dowazoning, and in this case I want to make particular mention of' the fact that the Tows Planning Board does approve this request, and recommends in favor of it, and ifI may quote from that letter. There is insufficient area in parking on the general business portion of the property to support two uses in the existing two buildings. With the zone change there would be sufficient area, and parking for two us~. Because of the lack of parking the propetty has remained unused and unsightly many years, and the Plam~ing Board considerers this zone change to be in the best interests of the town. With respect to the Suffolk County Planning Commission comments. I don't necessa~ly f~l that in the absolute they are inappropriate. I don't think they are appropriate for the condition of a zone change. I think that any comments that they have made would be more appropriate in thc event of a site plan devalnpment and consideration by our local Planning Boa~ as to whether they are appropriate. Ia terms of restricting at the point, if there were any mention of thc buildings du~ to a casualty loss you may prefer to be able to move the buildings back off the highway a little bit, so to put a rest~ctinn on that for parking purposes only, [ think might be shortsighted. Certainly thc lot coverage, and other zoning restrictions would restrict what you could do back the~ even with current developmental property. In terms of providing access to other premises, that would be an economic problem for the applieam although he is certainly thinking about that, and has even talked to the adjourning owners about doing that. I thing: that ttas to be something that comes from the owner, beeau.s~ you can't really severely impose an easement on someone without taking into account th~ entire economic picture. So, we would r~spectively ask that this be rofer~.xl to the Planning Board should they ever need to consider a site plan on this propetty. If you have any questions the things are here, or perhaps I can answer anything you might need to know. COUNCILMAN MOORE: That transaction is clnsed. GAIL WICK. HAM: The property is owned by the Kings at this point. It was previously owned by Mr. Bagshaw. He no longer owns the pwp~tty. Because the Kings am in a rental situation, which is terminating, and becau..~ of the time it took to get to a hearing, unfortunately they were required to close on the prop~xty prior to the conelnsion of this hearing. So, they have really not even gotten the benefit of the property mzoning. Due to the business, they were required to go ahead, so that transaction has concluded. COUNCILMAN MURPHY: Would anyone else wish to address the Town Board on this zone change? 0'40 response.) If nat, I will close the heanng. FEB 2 3 200n beth A. Ncvillc Southold Town Clerk