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Home My WebLink AboutTOR RES 286 am miu Southampton Town Board Sundy A. Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 *, 1 •��` Fax: (631) 283-5606 1� In o"... February 28 2019 Honorable Elizabeth Neville Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Elizabeth Neville: Responding to this letter will serve as an acknowledgement of receipt of the attached copies of resolutions adopted by the Southampton Town Board. Please sign this letter and return it to the Town Clerks Office via standard mail, by fax at 631-283-5606 or you may scan and email it back to townclelrk south m tontownn . o . 2 G17 Signature. X Date: , _ Please be advise hat the Town Board, at a meeting held on February 26, 2019 6:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2019-286 Adopted [Unanimous] Notice of Adoption of a Local Law to Change the Zoning Classification from Residential (R40) to Hamlet Commercial/Residential (HC) as proposed in the Zone Change Application entitled "5 Cedar Lane LLC" (Cromer's Market), Noyac Sincerely Yours, Sundy A. Schermeyer Town Clerk Generated 2/28/2019 Page 1 Southampton Town Board Sundy A. Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 Fax: (631) 283-5606 February 28, 2019 Honorable Elizabeth Neville Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Elizabeth Neville: Responding to this letter will serve as an acknowledgement of receipt of the attached copies of resolutions adopted by the Southampton Town Board. Please sign this letter and return it to the Town Clerks Office via standard mail, by fax at 631-283-5606 or you may scan and email it back to townclerk@southamptontownny.gov. Signature: ____________________________ Date: __________________ Please be advised that the Town Board, at a meeting held on February 26, 2019 6:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2019-286 Adopted \[Unanimous\] Notice of Adoption of a Local Law to Change the Zoning Classification from Residential (R40) to Hamlet Commercial/Residential (HC) as proposed in the Zone Change Application entitled "5 Cedar Lane LLC" (Cromer's Market), Noyac Sincerely Yours, Sundy A. Schermeyer Town Clerk Generated 2/28/2019 Page 1 Southampton Town Board Sundy A. Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 Fax: (631) 283-5606 February 28, 2019 Honorable Elizabeth Neville Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Elizabeth Neville: Please be advised that the Town Board, at a meeting held on February 26, 2019 6:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2019-286 Adopted \[Unanimous\] Notice of Adoption of a Local Law to Change the Zoning Classification from Residential (R40) to Hamlet Commercial/Residential (HC) as proposed in the Zone Change Application entitled "5 Cedar Lane LLC" (Cromer's Market), Noyac Sincerely Yours, Sundy A. Schermeyer Town Clerk Generated 2/28/2019 Page 1 Southampton Town Board - Letter Board Meeting of February 26, 2019 TOWN BOARD RESOLUTION 2019-286 Item # 7.52 ADOPTED DOC ID: 31239 Notice of Adoption of a Local Law to Change the Zoning Classification from Residential (R40) to Hamlet Commercial/Residential (HC) as proposed in the Zone Change Application entitled "5 Cedar Lane LLC" (Cromer's Market), Noyac WHEREAS, in July 2016, 5 Cedar Lane LLC submitted a request, pursuant to Town Code §330-185(C), for a public work session to discuss a proposed application for a change-of- zone; and WHEREAS, specifically, Cedar Lane LLC seeks a zoning change from Residential (R-40) to Hamlet Commercial/Residential (HC) on a .1 acre (5,172 sq. ft.) parcel located on the west side of Cedar Lane Avenue approximately 150 ft. North of Noyack Rd, within the Hamlet of Noyac (SCTM #900-6-1-44); and WHEREAS, the subject parcel is a pre-existing, non-conforming lot in the Residential (R-40) zone directly adjacent to Cromer’s Market (SCTM #900-6-1-43) and is currently utilized for ancillary parking and storage associated with the Market; and WHEREAS, the proposed zone change would allow the applicant to formalize the parking for the Market use in addition to retaining the existing building on the site for office/storage use and utilize the private roadway upon abandonment as part of the site plan to accommodate parking and drive aisles while still providing easement access to the north; and WHEREAS, a public work session was held on the change-of-zone proposal on July 6, 2017 where the Department of Land Management submitted a report and recommendation as provided in §330-185 (C) (1); and WHEREAS, pursuant to Town Code §330-185(C) (4), by Resolution No. 2017-1154, the Town Board elected to consider a formal application on said proposal; and WHEREAS, on June 26, 2018 the Town Clerk received a formal application for the subject change of zone; and WHEREAS, a public hearing was held on August 14, 2018 to hear any and all persons either for or against the proposal with a majority of support for this action expressed in the community; and WHEREAS, the Town Board coordinated Lead Agency with the Planning Board as the only other identified involved agency and referred the matter to the Suffolk County Planning Commission; and WHEREAS, by letter dated August 2, 2018 the Suffolk County Planning Commission determined the Action to be a matter of local jurisdiction; WHEREAS, on August 23, 2018 the Planning Board declined Lead Agency status by Resolution 2018-284; and Generated 2/28/2019 Page 2 Southampton Town Board - Letter Board Meeting of February 26, 2019 WHEREAS, by Resolution 2018-943 the Town Board assumed Lead Agency for the purpose of SEQRA review for the subject application; and WHEREAS, by Resolution 2019-163 the Town Board as Lead Agency adopted a Negative Declaration (determination of non-significance) pursuant to SEQRA for the subject zone change; now, therefore, be it hereby RESOLVED, that Local Law No. 6 of 2019 is hereby adopted as follows: LOCAL LAW NO. 6 of 2019 A LOCAL LAW amending the zoning classification of a .1 acre parcel identified as SCTM No. 900-6-1-44 from Residential (R-40) to Hamlet Commercial (HC) in the Hamlet of Noyac”. BE IT ENACTED by the Town Board of the Town of Southampton as follows: SECTION 1. Legislative Intent. The subject parcel is a pre-existing (prior to 1957), non-conforming lot in the Residential (R-40) zone directly adjacent to Cromer’s Market. There is a pre-existing dwelling that is used for record storage/office in connection with the business and the site currently is utilized for ancillary parking and storage associated with the Market. Cromer's Market is a popular and beloved family-owned marketplace that is central to the identity of place in Noyac. The subject parcel is residentially zoned however it already is informally utilized to support the Market use with ancillary parking. The proposed re-zoning would support this practice and under the HC zoning designation, the Planning Board would impose standards for landscaping and drainage as part of the site plan review. Cedar Lane is a private roadway that the applicant has expressed interest in abandoning (with easement access to the north) so that it may be utilized to improve the access and circulation for the market. The public and neighbor to the north supported this concept along with the zoning change to improve the circulation and conditions associated with the market use. Generated 2/28/2019 Page 3 Southampton Town Board - Letter Board Meeting of February 26, 2019 The 1999 Comprehensive Plan Update recommended a ‘country crossroads’ theme for Noyac that features small-scale development and rural vistas along Noyac Road, at the Burkshire Place/Pine Neck vicinity and the Bay Avenue/Cedar Lane vicinity. The Noyac Hamlet Study (November 2004) focused on three different existing commercial ‘nodes’ along Noyac Road, and made land use and design recommendations in tandem with transportation and traffic calming recommendations. Given the scale of the existing land uses in the Study Area and throughout the Hamlet, the study recommended adoption and implementation of the HO-HC zoning for specific parcels in order to accomplish the following objectives of the Comprehensive Plan Update: Creating low impact attractive neighborhood centers with a rural character, Slowing and altering traffic to increase pedestrian and bicyclist safety as well as ease access in and out of businesses, Obviating the need to travel long distances for convenience shopping, and Providing an orderly transition in uses, density and bulk between residential, retail and office development along the central business corridor. Therefore, as per these recommendations of the adopted 2004 Noyac Hamlet Center Study, in 2005 the Hamlet Office/Residential (HO) zoning and Hamlet Commercial/Residential (HC) zoning classifications replaced the Village Business (VB) districts that were designated for Cromer’s Market and the Whalebone General Store While the subject property was excluded from the original rezoning, as described this parcel already acts as ancillary parking and operations to support Cromer’s Market and provides parking off of Noyack Road. Therefore, by extending the boundary of the HC district, the Town can work with the applicant to accomplish the outlined objectives. In doing so the applicant will formalize the parking, add landscaping and configure the site plan elements to be most conducive to the health, safety and welfare of the surrounding neighbors as well as patrons of the Market. SECTION 2. Map Amendment Parcel identified as SCTM No. 900-6-1-44 is hereby changed from Residential (R-40) to Hamlet Commercial/Residential (HC), inclusive of the private roadway of Cedar Lane. The Town’s GIS Department is authorized to make this amendment to the Town’s Zoning Map. SECTION 3. Authority. The Town Board is authorized to amend its zoning map pursuant to Article 16 of the State of New York Town Law. SECTION 4. Severability. If any section or subsection, paragraph, clause, phrase or provision of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provisions so adjudged to be invalid or unconstitutional. SECTION 5. Effective Date. This local law shall take effect upon filing with the Secretary of State pursuant to Municipal Home Rule Law. BE IT FURTHER RESOLVED, that the Town Clerk is hereby authorized to publish the following Notice of Adoption: Generated 2/28/2019 Page 4 Southampton Town Board - Letter Board Meeting of February 26, 2019 NOTICE OF ADOPTION PLEASE TAKE NOTICE,that after a public hearing was held on August 14, 2018 the Town Board at their meeting of February 26, 2019 adopted Local Law No. 6 of 2019 as follows: “A LOCAL LAW to change the zoning of a .1 acre parcel identified as SCTM #900-6-1-44 located on the west side of Cedar Lane Avenue approximately 150 ft. North of Noyack Rd, within the Hamlet of Noyac and currently zoned R-40 to be reclassified as Hamlet Commercial/Residential (HC) inclusive of the private roadway of Cedar Lane pursuant to Section 330-185 of the Town Code” Summary of Proposed Law A local law to change the zoning classification from Residential (R-40) to Hamlet Commercial/Residential (HC) on a .1 acre parcel identified as 5 Cedar Lane, SCTM No. 900- 6-1-44 located on the west side of Cedar Lane Avenue approximately 150 ft. North of Noyack Rd. in the Hamlet of Noyac. Copies of the local law, sponsored by Supervisor Jay Schneiderman are on file in the Town Clerk’s Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m BY ORDER OF THE TOWN BOARD TOWN OF SOUTHAMPTON, NEW YORK SUNDY A. SCHERMEYER, TOWN CLERK Financial Impact: None RESULT: ADOPTED \[UNANIMOUS\] MOVER: Jay Schneiderman, Supervisor SECONDER: Christine Preston Scalera, Councilwoman AYES: Schneiderman, Lofstad, Scalera, Bouvier, Schiavoni Generated 2/28/2019 Page 5