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Home My WebLink AboutSH RES 875 tsm " Southampton Town Board _ Sundy A. Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 "k,. Fax: (631) 283-5606 `'rrn,,,„4~°`~~ Hampton Bays Annex: (631) 723-2712 September 6, 2013 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(a~southamotontownnv.aov. Signature: Date: Please be advised that the Town Board, at a meeting held on September 5, 2013 11:00 AM, reviewed the following resolution(s): Town Board Resolution 2013-875 Adopted [Unanimous] Notice of Public Hearing to Amend Zoning Map in Order to Change the Zoning Classification of a Certain Split-Zoned Parcel from Residential (R-40)\Motel Business (MTL) to Country Residential (CR-40), in Westhampton Sincerely Yours, Sundy A. Schermeyer Town Clerk Generated 9/6/2013 Page 1 tsm " Southampton Town Board _ Sundy A. Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 "k,. Fax: (631) 283-5606 `'rrn,,,„4~°`~~ Hampton Bays Annex: (631) 723-2712 September 6, 2013 I~~~II~~~III~I~~I~~~I~~~II~~~III 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 September 5, 2013 11:00 AM, reviewed the following resolution(s): Town Board Resolution 2013-875 Adopted [Unanimous] Notice of Public Hearing to Amend Zoning Map in Order to Change the Zoning Classification of a Certain Split-Zoned Parcel from Residential (R-40)\Motel Business (MTL) to Country Residential (CR-40), in Westhampton CC: Wayne Bruyn, Esq. Christopher Nuzzi, Councilman Cindy Guerriero Anna Throne-Holst, Supervisor James Malone, Councilman Bridget Fleming, Councilwoman Christine Preston Scalers, Councilwoman Sundy A. Schermeyer, Town Clerk Lisa Dunlap Kathleen Murray Leonard Marchese, Comptroller Michael Baldwin Tiffany Scarlato Dorota Godlewski Paul Rubano Kim Myers John Capone Sandra Cirincione Russell Kratovill Kim Ottati Tara Coady Janice Scherer Hank Beck, Chair Steven Rosmarin Robert Mozer Beth Kamper, Village Clerk Christopher Lubicich Brenda Prusinowski, Deputy Comm. of PELM Lori Riccardi, ZBA Head Clerk Martin Haley, Comm. of Bldg & Fire Prevention Patricia Eddington, Brookhaven Town Clerk Elizabeth Lindtvit, Village Clerk -Treasurer Michael Benincasa, Chief Building Inspector Clare Vail, Planner Dennis Finnerty, Chairman Generated 9/6/2013 Page 1 Southampton Town Board -Letter Board Meeting of September 5, 2013 David Wilcox Honorable Dorothy Ogar, Town Clerk William H. Rogers, Deputy Commissioner of PELM Tullio Bertoli, Commissioner of PELM Gilbert Anderson, Deputy Commissioner Herb Phillips Stephen Funsch, Village Clerk/Treasurer Rosemarie Cary Winchell, Village Clerk Donald Louchheim, Mayor Honorable Frederick Overton, Town Clerk Sarah Lansdale, Director Jacqueline Fenlon, Principal Planner L.I. State Park Commission Laura J. Delessandro, Village Cerk Alexandra Sullivan Kerri Meyer Amy Pfeiffer Honorable Diane Wilhelm, Town Clerk Kyle Collins Georgia Welch, Village Clerk Tim Laube, Clerk Andrew Freleng, Chief Planner Tamara Turner Jamie Cunningham Sincerely Yours, Sundy A. Schermeyer Town Clerk Generated 9/6/2013 Page 2 Southampton Town Board -Letter Board Meeting of September 5, 2013 TOWN BOARD RESOLUTION 2013-8'7g item # 4., ADOPTED DOC 1D: 75624 a Notice of Public Hearing to Amend Zoning Map in Order to Change the Zoning Classification of a Certain Split-Zoned Parcel from Residential (R-40)IMotel Business (MTL) to Country Residential (CR-40), in Westhampton BE IT HEREBY RESOLVED, that the Town Board hereby directs that a public hearing shall be held on September 24, 2013 at 6:00 p. m., at Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against a local law entitled: ~~A LOCAL LAW to amend the zoning map in order to change the zoning classification of a certain split-zoned parcel from Residential (R-40)/Motel Business (MTL) to Country Residence (CR-40) in Westhampton," which provides as follows: LOCAL LAW NO. OF 2013 A LOCAL LAW amending the zoning map of the Town of Southampton as defined in Chapter 330 entitled 'Zoning' of the Code of the Town of Southampton, in order to change a parcel from Residential (R-40)/Motel Business (MTL) to Country Residence (CR-40). The parcel represents approximately 31.8 acres (1,385,208 sq. ft.) located at 42 Montauk Highway, within the hamlet of Westhampton, Town of Southampton, and is further identified on the Suffolk County Tax Map as 900-356-2-1.6. BE IT ENACTED by the Town Board of the Town of Southampton as follows: SECTION 1. Legislative Intent. Commonly known as the Bailey's Motel site, the subject parcel is located on Montauk Highway, west of the intersection with Mill Road and Old Country Road. The property is currently located in two zoning districts and as such is split-zoned Residential (R-40) and Motel Business (MTL) and is proposed to be amended to Country Residence (CR-40). This parcel represents approximately 1,385,208 square feet, or 31.8 acres located at 42 Montauk Highway in the hamlet of Westhampton and is identified on the Suffolk County Tax Map as 900-356-2-1.6 The 2004 Eastport/Speonk/Remsenburg/Westhampton Area Study, adopted as an addendum to the Comprehensive Plan, states the following regarding this property: "Bailey's Motel Property', (KMT Realty), (Westhampton) • The Bailey's Motel site has the potential to provide meaningful community open space. If this privately owned site is to be redeveloped, any construction should reflect the community-gateway interest, and utilize a clustering method. Construction should be concentrated on the center of the site, preserving at least 70 percent of the site as open space, so as to preserve the community viewshed, particularly along Old Country Road, Nadine Drive and Seabreeze Avenue. • Support balanced conservation site development plan being sought by developer/landowner of Bailey's Motel tract, with substantial preservation elements and affordable set-aside housing units. Ensure that design Generated 9/6/2013 Page 3 Southampton Town Board -Letter Board Meeting of September 5, 2013 addresses community concerns pertaining to the open space area along Montauk Highway, (e.g., prevent used cars, ensure mowing plan) and protection to the existing historic home and any remaining significant cultural resources on the property. Consistent with the desire to preserve the parcel for open space as well as maintain the visual gateway and high scenic values, the subject property is pending a contract of sale with approximately 28 acres being purchased for preservation by the Town of Southampton Community Preservation Fund in conjunction with the Suffolk County Department of Economic Development and Planning, Division of Real Property Acquisition and Management. The remainder of the parcel is pending sale to the Westhampton Cemetery Association. The property received final conditional approval for subdivision by resolution of the Planning Board on August 22, 2013, to effectuate the division of the property for sale to the different entities as described above. Approximately 132,102 square feet or 3 acres of the property is proposed for use as a new cemetery location for the Westhampton Cemetery Association. The intended use of the property as a cemetery is permitted by special exception in the CR40 zoning district. The zoning change from MTL to CR40 is consistent with the Comprehensive Plan and the residential pattern of development in the surrounding area. The commercial node that occurs along the south side of Montauk Highway in Westhampton in this location extends from west of Seabreeze Avenue to just east of Station Road. Commercial uses in this area are limited to a former nightclub (closed), a motel (Seabreeze), an automotive dealer (closed), two restaurants (Casa Basso, Buoy One), and real estate and other offices. Since the majority of the property will be preserved and the balance used for a cemetery, there will be no additional residential density or impacts to the school district from this action. The adjacent restaurant will not be impacted by this change because the zoning boundary will be offset by approximately 1 foot so that the MTL zone is on the fringe on the subject property. This means that the restaurant or other future use at 62 Montauk Highway will not have to provide a transition yard from the residential zone. SECTION 2. Amendment. Chapter 330 of the Southampton Town Code (Zoning Map) is hereby amended by modifying the zoning of the existing Residential (R-40)/Motel Business (MTL) zoning district boundary starting at a point at the intersection of the centerline of Seabreeze Avenue and the extended southern edge of Eckart Street, heading east 24.75 ft to the corner of the property owned by Spiro Diner, Inc. with tax map number 900-356-2-1.5, marked by a concrete monument, thence S57° 37' 20"W a distance of 273.57' being one survey foot past the concrete monument associated with said property, thence N32° 22' 40" W a distance of 233' to the centerline of Montauk Hwy (S. R. 27A), thence northeast along the centerline of Montauk Highway to the intersection of the centerline of Nadine Drive, thence northeast along the centerline of Nadine Drive to the intersection of the centerline of Old Country Road, thence northwest along the centerline of Old Country Road to the intersection of the centerline of Seabreeze Avenue, thence southwest along the centerline of Seabreeze Avenue to the point of beginning. SECTION 3. Authority. The Town Board may adopt local laws providing for zoning map amendments pursuant to Municipal Home Rule. SECTION 4. Severability. Generated 9/6/2013 Page 4 Southampton Town Board -Letter Board Meeting of September 5, 2013 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. AND BE IT FURTHER RESOLVED, that the Town Clerk is hereby directed to send this proposed local law to the Suffolk County Planning Commission and Planning Board for consideration; and BE IT FURTHER RESOLVED, that the Town Clerk is hereby authorized to publish the following Notice of Public Hearing: NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that a public hearing will be held by the Town Board of the Town of Southampton on September 24, 2013 at 6:00 p.m. at the Southampton Town Hall, 116 Hampton Road, Southampton, New York to hear any and all persons either for or against ~~A LOCAL LAW to amend the zoning map in order to change the zoning classification of a certain split-zoned parcel from Residential (R-40)/Motel Business (MTL) to Country Residence (CR-40) in Westhampton." Summary of Proposed Law A LOCAL LAW to amend the zoning map in order to change the zoning classification associated with the parcel of land located at 42 Montauk Highway (Suffolk County Tax Map No. 900-356-2-1.6) from Residential (R-40)/Motel Business (MTL) to Country Residence (CR-40) in Westhampton. Copies of the proposed local law, sponsored by Councilwoman Bridget Fleming, 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: Bridget Fleming, Councilwoman SECONDER: Anna Throne-Holst, Supervisor AYES: Throne-Holst, Malone, Scalera, Fleming, Nuzzi Generated 9/6/2013 Page 5