The URL can be used to link to this page

Home My WebLink AboutSH RES 929 Southampton Town Board Sundy A. Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 Fax: (631) 283-5606 Hampton Bays Annex: (631) 723-2712 August 29, 2014 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 August 26, 2014 6:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2014-929 Adopted \[Unanimous\] Notice of Public Hearing to Amend Chapter 330 (ZONING), ARTICLE XVII (Special Exception Uses) to Add Specific Special Exception Standards Applicable to Uses in Excess of 5,000 Sq. Ft. and Less than 15,000 Sq. Ft. Sincerely Yours, Sundy A. Schermeyer Town Clerk Generated 8/29/2014 Page 1 Southampton Town Board Sundy A. Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 Fax: (631) 283-5606 Hampton Bays Annex: (631) 723-2712 August 29, 2014 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 August 26, 2014 6:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2014-929 Adopted \[Unanimous\] Notice of Public Hearing to Amend Chapter 330 (ZONING), ARTICLE XVII (Special Exception Uses) to Add Specific Special Exception Standards Applicable to Uses in Excess of 5,000 Sq. Ft. and Less than 15,000 Sq. Ft. CC: Leonard Marchese John Capone, Network Admin Kyle Collins Kathleen Murray Kim Ottati Tara Coady, Assistant Kerri Meyer Patricia Boudreau-Sullivan, Planning Secretary Stan Glinka, Councilman Cindy Guerriero Anna Throne-Holst, Supervisor Bridget Fleming, Councilwoman Christine Preston Scalera, Councilwoman Sundy A. Schermeyer, Town Clerk Lisa Dunlap Bradley Bender, Councilman Michael Baldwin Tiffany Scarlato Dorota Godlewski Paul Rubano Kim Myers Sandra Cirincione Russell Kratoville Herb Phillips Kandice Cowell Janice Scherer David Wilcox Michael Benincasa, Chief Building Inspector Beth Kamper, Village Clerk Christopher Lubicich Brenda Prusinowski, Deputy Comm. of PELM Lori Riccardi, ZBA Head Clerk Martin Haley, Comm. of Bldg & Fire Prevention Donna Lent, Brookhaven Town Clerk Helen Burgess, ZBA Member Generated 8/29/2014 Page 1 Southampton Town Board - Letter Board Meeting of August 26, 2014 Elizabeth Lindtvit, Village Clerk - Treasurer Clare Vail, Principal Planner Dennis Finnerty, Chairman Honorable Dorothy Ogar, Town Clerk William H. Rogers, Deputy Commissioner of PELM Tim Laube, Clerk Honorable Diane Wilhelm, Town Clerk Stephen Funsch, Village Clerk/Treasurer Rosemarie Cary Winchell, Village Clerk Donald Louchheim, Mayor Carole Brennan, Town Clerk Sarah Lansdale, Director Denise O'Brien Tullio Bertoli, Commissioner of PELM Brian DeSesa Jacqueline Fenlon, Senior Planner Keith Tuthill Adam Grossman, Vice Chairman L.I. State Park Commission Laura J. Dalessandro, Village Cerk Kathryn Garvin Laura Tooman, Zoning Board Member Amy Pfeiffer Georgia Welch, Village Clerk Daniel Dresch, Director of Traffic Engineering Andrew Freleng, Chief Planner Sincerely Yours, Sundy A. Schermeyer Town Clerk Generated 8/29/2014 Page 2 Southampton Town Board - Letter Board Meeting of August 26, 2014 TOWN BOARD RESOLUTION 2014-929 Item # 5.30 ADOPTED DOC ID: 20789 Notice of Public Hearing to Amend Chapter 330 (ZONING), ARTICLE XVII (Special Exception Uses) to Add Specific Special Exception Standards Applicable to Uses in Excess of 5,000 Sq. Ft. and Less than 15,000 Sq. Ft. RESOLVED, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on September 23, 2014, 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 amending Town Code Chapter 330 (ZONING) ARTICLE , XVII (Special Exception Uses) to add specific special exception standards which would be applicable to uses in excess of 5,000 sq. ft. and 15,000 sq. ft. in the Village Business zoning district,” which provides as follows: LOCAL LAW NO. OF 2014 A LOCAL LAW amending Town Code Chapter 330 (ZONING), ARTICLE XVII (Special Exception Uses) to add specific special exception standards which would be applicable to uses in excess of 5,000 sq. ft. and 15,000 sq. ft. in the Village Business zoning district. BE IT ENACTED by the Town Board of the Town of Southampton as follows: SECTION 1. Legislative Intent. Southampton Town is one of the premiere resort towns in the nation. Three of the Town’s primary industries are tourism, second home construction and summer rentals. These important industries depend upon small town charm to survive. Southampton retains much of its early New England character. The Town’s hamlets are centralized and have a distinct character flavor where many historic structures remain. Southampton’s character depends heavily on retaining its small town charm. Large, oversized commercial uses and buildings, particularly in the Town’s Village Business zoning districts interfere with this character and , charm, thus undermining three of our major industries, and the property values of residents. The Town Board finds that smaller commercial uses and businesses encourage the growth of strong community character by providing a foundation for the web of connections and trust that are essential to a healthy community. These smaller uses are, by their nature, unique in that they are not found in numerous other locations. Their products (whether retail goods, food or other services) are typically tailored to, and unique to, the hamlet center and therefore contribute to the community‘s identity. In addition, larger uses tend to draw customers on a regional basis, thus exacerbating traffic problems in Southampton that have already reached near-crisis proportions. By satisfying the need for commercial uses in smaller, rather than larger stores, smaller stores may be distributed throughout Town. These smaller stores would have a local rather than a regional draw, thereby reducing traffic problems. Finally, the proposed code amendments serve to implement Southampton’s Comprehensive Plan, which notes that “Southampton’s retailing is notable for both the quality of its’ stores Generated 8/29/2014 Page 3 Southampton Town Board - Letter Board Meeting of August 26, 2014 and for the vibrancy of its village and hamlet centers. These qualities will, however, be subject to increasing strains, as the pressure for strip, shopping center, “Superstore” and chain/franchise development increases. Clearly, it is in the interest of the town’s tax and job base to stay responsive to retail and commercial development trends; but clearly unplanned commercial development puts at risk the town’s rural image and resort economy.” (See Comp. Plan p. 297). This proposed amendment to add special exception uses specific to those uses in excess of 5,000 sq. ft. and less than 15,000 sq. ft. in the Village Business zoning district seeks to address the concern that unplanned large scale commercial development will have a negative effect on the Town’s hamlet centers. Section 330-105 G (2) currently requires special exception approval for uses having a floor area between 5,000 square feet and 15,000 square feet within the Village Business Zoning District. However, there are no special conditions or safeguards, as contemplated in §330- 123, for the Planning Board to utilize when considering such special exception application. This legislation provides those special conditions and safeguards that will assist the Planning Board in terming the potential impacts of uses having a floor area between 5,000 square feet and 15,000 square feet in the Village Business zoning districts . SECTION 2Amendment . . Chapter 330 ZONING ARTICLE XVII Special Exception Uses (A new section, §330-139.1, shall be added as follows:) §330-139.1. Uses in excess of 5,000 square feet and less than 15,000 square feet in the Village Business District. A. The applicant must demonstrate that the subject parcel can accommodate the proposed building, parking, walkways and any required landscaping; B. The site plan must depict compliance with the parking requirements of this chapter for the proposed use; C. A traffic impact analysis shall be submitted which determines that the existing road network in the area of the proposed use will be able to adequately accommodate the existing through traffic plus the additional traffic generated by the proposed use. Such a traffic analysis shall include trip generation analyses which determine that the particular intended use will not produce trip generation in excess of the proposed use as defined; D. The Planning Board shall determine that there is significant public benefit to be derived from the proposed use; E. The applicant must demonstrate a need for a use larger than 5,000 square feet; F. The Planning Board shall determine that the proposed use(s) will not have an undue adverse impact on the community. In making such a determination, the applicant shall conduct or hire a consultant to conduct a market and municipal impact study at the expense of the applicant. The Planning Board shall be afforded the opportunity to consider its own such study. Such study shall include, but shall not be limited to, an Generated 8/29/2014 Page 4 Southampton Town Board - Letter Board Meeting of August 26, 2014 analysis of the projected impact of the proposed use(s) on: a) The existing local retail market, including market shares, if applicable; b) The supply and demand for local retail space; c) Revenues retained within the local economy; d) Effects on other similar operations in the surrounding market area; e)The Town’s ability to implement its Comprehensive Plan consistent with the proposed project; and f) A comparison of the proposed use with existing similar uses, if any. G. The anticipated impact of the proposed use on the historic character of the hamlet in which it is proposed; and H. Design of the subject building(s) and site shall be designed in conformity with the character of the community in which it is located and reflect the vernacular architecture of the particular hamlet in which it is located. Generic and standard architectural design derivative of national or regional branches shall not be permitted. The Planning Board may require that the design of the proposed building provide articulated facades on all street-facing elevations that make the building appear as multiple buildings rather than one large building. This criterion is met when every 45 feet of building (horizontal length) elevation contains at least one primary entrance, as well as at least one of the following features: windows; weather protection (awnings, canopies, arbors, trellises), building offsets; projections; changes in elevation or horizontal direction; sheltering roofs; terraces; a distinct pattern of divisions in surface materials; ornamentation; screening trees; small-scale lighting (e.g., wall-mounted lighting, or down lighting); and/or similar features. SECTION 3 Applicability. . This local law shall not apply to any site plan approval granted by the Southampton Town Planning Board before the effective date herein, provided that the site plan is signed by the owner pursuant to Section 330-184 (K) and a building permit is obtained within one year of the effective date of this local law. SECTION 4 Authority. . This local law is enacted pursuant to Town Law Article 16 and Municipal Home Rule Law §10(1)(ii)(a)(11). SECTION 5 Severability. . If any section or subsection, paragraph, clause, phrase, or provision(s) of this law shall be judged 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 provision so adjudged to be invalid or unconstitutional. SECTION 6 Effective Date. . Generated 8/29/2014 Page 5 Southampton Town Board - Letter Board Meeting of August 26, 2014 This Local Law shall take effect after 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 publish the following Notice of Public Hearing: NOTICE OF PUBLIC HEARING TAKE NOTICE, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on September 23, 2014 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 amending Town Code Chapter 330 (ZONING), ARTICLE XVII (Special Exception Uses) to add specific special exception standards which would be applicable to uses in excess of 5,000 sq. ft. and 15,000 sq. ft. in the Village Business zoning district.” Summary of Proposed Law The purpose of this local law is to add specific special exception standards which would be applicable to uses in excess of 5,000 sq. ft. and 15,000 sq. ft. in the Village Business zoning district. Copies of the proposed law, sponsored by Supervisor Anna Throne-Holst, 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: Christine Preston Scalera, Councilwoman SECONDER: Stan Glinka, Councilman AYES: Bradley Bender, Christine Preston Scalera, Stan Glinka ABSENT: Anna Throne-Holst, Bridget Fleming Generated 8/29/2014 Page 6