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Home My WebLink AboutSH RES 1360 & 1364 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 December 19, 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 towncierkC&southaMDtontownny.gov. Signature: Date: r Please be advised that the Town Board, at a meeting held on December 18, 2014 11:00 AM, reviewed the following resolution(s): Town Board Resolution RES-2014-1360 Adopted [Unanimous] Notice of Public Hearing to Amend Chapter 330, Article XVII(Special Exception Uses) Adding a New Section 330-162.18 (Accessory Vending Vehicles to a Restaurant) Town Board Resolution RES-2014-1364 Adopted [4 to 1] Deem DEIS Adequate for the Purpose of Commencing Public Review; Schedule Public Hearing on DEIS for the Zone Change Application Entitled "Tuckahoe Center", to Rezone Certain Properties from Highway Business (HB) and Residential Zoning Districts (R-20) to Shopping Center Business (SCB), Hamlet of Tuckahoe Sincerely Yours, <�;� K SCLI-4� Sundy A. Schermeyer Town Clerk Generated 12/19/2014 Page I 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 December 19, 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 December 18, 2014 11:00 AM, reviewed the following resolution(s): Town Board Resolution RES-2014-1360 Adopted [Unanimous] Notice of Public Hearing to Amend Chapter 330, Article XVII (Special Exception Uses) Adding a New Section 330-162.18 (Accessory Vending Vehicles to a Restaurant) CC: 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 Elizabeth Lindtvit, Village Clerk-Treasurer Michael Benincasa, Chief Building Inspector Clare Vail, Principal Planner Dennis Finnerty, Chairman David Wilcox Honorable Dorothy Ogar,Town Clerk William H. Rogers, Deputy Commissioner of PELM Tim Laube, Clerk Honorable Diane Wilhelm,Town Clerk Herb Phillips Stephen Funsch, Village Clerk/Treasurer Rosemarie Cary Winchell,Village Clerk Donald Louchheim, Mayor Carole Brennan,Town Clerk Patricia Boudreau-Sullivan, Planning Secretary Janice Scherer 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 3. Dalessandro, Village Cerk Kathryn Garvin Laura Tooman, Zoning Board Member Alexandra Sullivan Kandice Cowell Generated 12/19/2014 Page I Southampton Town Board - Letter Board Meeting of December 18, 2014 Kerri Meyer Kathleen Murray Amy Pfeiffer Kyle Collins Georgia Welch,Village Clerk Daniel Dresch, Director of Traffic Engineering Andrew Freleng, Chief Planner Carl Benincasa Sundy A. Schermeyer,Town Clerk Bridget Fleming, Councilwoman Lisa Dunlap Christine Preston Scalera, Councilwoman Leonard Marchese Bradley Bender, Councilman Michael Baldwin Tiffany Scarlato Kim Ottati Dorota Godlewski Stan Glinka, Councilman PaulRubano Kim Myers John Capone, Network Admin Cindy Guerriero Anna Throne-Holst, Supervisor Sandra Cirincione Russell Kratoville Tara Coady,Assistant Todd Bennett Susan Ralph Town Board Resolution RES-2014-1364 Adopted [4 to 1] Deem DEIS Adequate for the Purpose of Commencing Public Review; Schedule Public Hearing on DEIS for the Zone Change Application Entitled "Tuckahoe Center"' to Rezone Certain Properties from Highway Business (HB) and Residential Zoning Districts (R-20) to Shopping Center Business (SCB), Hamlet of Tuckahoe CC: 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 Elizabeth Lindtvit,Village Clerk-Treasurer Michael Benincasa, Chief Building Inspector Clare Vail, Principal Planner Dennis Finnerty, Chairman David Wilcox Honorable Dorothy Ogar,Town Clerk William H. Rogers, Deputy Commissioner of PELM Tim Laube, Clerk Honorable Diane Wilhelm,Town Clerk Herb Phillips Stephen Funsch,Village Clerk/Treasurer Rosemarie Cary Winchell,Village Clerk Donald Louchheim, Mayor Carole Brennan,Town Clerk Patricia Boudreau-Sullivan, Planning Secretary Janice Scherer Sarah Lansdale, Director Denise O'Brien Tullio Bertoli, Commissioner of PELM Brian DeSesa Jacqueline Fenlon, Senior Planner Keith Tuthill Generated 12/19/2014 Page 2 Southampton Town Board - Letter Board Meeting of December 18, 2014 Adam Grossman, Vice Chairman L.I. State Park Commission Laura J. Dalessandro,Village Cerk Kathryn Garvin Laura Tooman, Zoning Board Member Alexandra Sullivan Kandice Cowell Kerri Meyer Kathleen Murray Amy Pfeiffer Kyle Collins Georgia Welch,Village Clerk Daniel Dresch, Director of Traffic Engineering Andrew Freleng, Chief Planner Frances Genovese Bonnie Goebert, Co-Chair Janice Scherer, Principal Planner William Hillman, P.E., Chief Engineer Thomas Neely Kimberly Kennedy Christine Fetten John LaRosa Lin Marzano Cheryl Kraft Alex Gregor, Superintendent of Highways Valerie Fletcher Michael Charrier, Chair, ARB Roy Wines IV, Chief Kristin White, Secretary Board of Directors, EMS Advisory Committee President Sundy A. Schermeyer,Town Clerk Bridget Fleming, Councilwoman Lisa Dunlap Christine Preston Scalera, Councilwoman Leonard Marchese Bradley Bender, Councilman Michael Baldwin Tiffany Scarlato Kim Ottati Dorota Godlewski Stan Glinka, Councilman PaulRubano Kim Myers John Capone, Network Admin Cindy Guerriero Anna Throne-Holst, Supervisor Sandra Cirincione Russell Kratoville Tara Coady, Assistant Sincerely Yours, <�� K ssuIrtv Sundy A. Schermeyer Town Clerk Generated 12/19/2014 Page 3 Southampton Town Poard - Letter Board Meeting of December 18, 2014 TOWN BOARD RESOLUTION 2014-1360 Item#6.53 0 ADOPTED DOC ID: 21525 Notice of Public Hearing to Amend Chapter 330, Article XVII (Special Exception Uses) Adding a New Section 330-162.18 (Accessory Vending Vehicles to a Restaurant) RESOLVED, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on 3anuary 13, 2015, at 1:00 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 Chapter 330 (Zoning) creating a new Section 330-162.20 (Accessory Vending Vehicle's to a Restaurant) to enable mobile food vending vehicles to be accessory to a restaurant use," which provides as follows: LOCAL LAW NO. OF 2014 "A LOCAL LAW Amending Chapter 330 (Zoning) creating a new Section 330-162.20 (Accessory Vending Vehicle's to a Restaurant) to enable mobile food vending vehicles to be accessory to a restaurant use" BE IT ENACTED by the Town Board of the Town of Southampton as follows: Section 1. Legislative Intent. The Town Board of the Town of Southampton recognizes the important role that small businesses play in our community. As an important member of our business community, Restaurants provide a vital service to our town by employing many of our friends and family, serving as a key member of our tourism industry and catering to our residents. It is important to the Town that restaurants be able to explore new and creative ways of providing their service in order to ensure optimum levels of success. Throughout the county, food trucks are a preferred choice or business owners and consumers alike, and have become sources of high quality, affordable food. Many restaurants have turned to food trucks to limit costs, increase efficiency and expand their ability to reach the consumer. In line with this evolving business model, the Town of Southampton seeks to permit local restaurateurs to utilize food trucks as part of their overall business strategy. This Local Law permits food trucks to operate on private premises as an accessory, special exception use to existing restaurants. Through this amendment, the Town Board hopes to encourage growth in our important food service industry while providing our residents with more convenient, cost-effective food options. Section 2. Amendment. Southampton Town Code Chapter 330 (Zoning) is hereby amended by creating a new section 330-162.20 (Accessory Vending Vehicles to a Restaurant) Adding the underlined words as follows: Section 330-162.20. Accessory Vending Vehicles to a Restaurant. A. An accessoU vending vehicle shall be defined as a motorized, self-l2ropel led, mobile vehicle in which food items are able to be substantially prepared and sold to the general public. An accessory vending vehicle must be licensed to operate under the Generated 12/19/2014 Page 4 Southampton Town Board - Letter Board Meeting of December 18, 2014 same name as the primary restaurant use. B. An accessory vending vehicle, as an accessory use to an existing or new restaurant, shall be subject to site plan review; however, if the primary use restaurant is operating pursuant to a valid, approved site plan such application for special exception shall be subject only to the following: (1) Administrative site plan review procedures as outlined in §330-183.2 and 330-183.3 and in conformance with sign regulations, and (2) An exemption from the requirements of §330-121(B) and the Town Planning and Development Administrator may, at his discretion, assume all authority granted to the Planning Board in §330-120 through §330-123 of this code with respect to an al2plication for this use. C. An accessory vending vehicle shall attain all required licenses and permits associated with the nature of their accesso[y vending vehicles. This includes, but is not limited to, Suffolk County Department of Health Services, Business certificates, and/o Southampton Peddler's license, as may be appiicable. Except where any other law or ordinance or regulation imposes a greater restriction, such law, ordinance or regulation shall control. D. All accessory vending vehicles shall be in compliance with the provisions of §U30-76 and 330-78. E. All accessory vending vehicles must be parked in the parking lot of the restaurant to which it is an accessory use in a location so as it does not impede safe motor vehicle and pedestrian circulation. F. When not in operation, the accessoU vending vehicle is to be stored in a designated truck stall located to the rear of the parking lot so as not to be seen as from the public right of way to the maximum extent possible. The designated truck stall shall be a minimum of 12'x25'. G. The accessory vending vehicle shall only operate when the primary restaurant is not open to the public. H. Accessory vending vehicles are required to pick up, remove and dispose of all trash or refuse which consists of materials originally dispensed from the truck and to provide a litter receptacle which is clearly marked with a sign requesting its use by patrons. I. Temporary outside seating accommodating no more than 16 individuals shall be permitted so long as it does not impede safe motor vehicle and pedestrian operation, and is removed when the accessory vending vehicle is not operating, unless the outdoor seating is approved as part of the principle restaurant use. J. Accessory vending vehicles may not play amplified music from the truck. K. No additional permanent outdoor lighting shall be permitted associated with the accessory vending vehicle, except as provided in approved outdoor lighting of the prima[y use restaurant, in conformance with Article XXIX of the Town Code. L. All mechanical eguil2ment, utilities, and other support facilities such as LP tanks, transformers, condensers, heating, ventilatinci and air conditioner units, etc., shall be Generated 12/19/2014 Page 5 Southampton Town Board - Letter Board Meeting of December 18, 2014 self contained within the accessory food vending vehicle however no restrictions contained herein shall prevent a mobile food vending vehicle from obtaining electrical power from an on-site power source outside of,the truck provided such power source and electrical connection(s) complies with all applicable law. M. No alcoholic beverages shall be sold and/or distributed in any manner associated with the actual operation of an Accessory Vending Vehicle. SECTION 3. Authority. The proposed Local Law is enacted pursuant to General Municipal Law §806, as well as Municipal Home Rule Law §10(1)(ii)(a)(I) and New York State Town Law 274(b). SECTION 4. Severabillity. 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 S. -Effective Date. This local law shall take effect immediately upon filing with the Secretary of State pursuant to the 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 January 13, 2015, at 1:00 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 Chapter 330 (Zoning) creating a new Section 330-162.20 (Accessory Vending Vehicle's to a Restaurant)' to enable mobile food vending vehicles to be accessory to a restaurant use " which provides as follows: Summary of Proposed Law This Local Law permits food trucks to operate on private premises as a use accessory, special exception use to existing restaurants, provided the use of the food trucks meets specific standards. Through this amendment, the Town Board hopes to encourage growth in our important food service industry while providing our residents with more convenient, cost-effective food options. Copies of the proposed law, sponsored by Councilman Stan Glinka, 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 Generated 12/19/2014 Page 6 Southampton Town Board - Letter Board Meeting of December 18, 2014 RESULT: ADOPTED [UNANIMOUS] MOVER: Stan Glinka, Councilman SECONDER: Bridget Fleming, Councilwoman AYES: Throne-Hoist, Bender, Scalera, Fleming, Glinka, Generated 12/19/2014 Page 7 Southampton Town Board - Letter Board Meeting of December 18, 2014 TOWN BOARD RESOLUTION 2014-1364 Item#6.57 ADOPTED DOC I D: 21488 Deem DEIS Adequate for the Purpose of Commencing Public Review; Schedule Public Hearing on DEIS for the Zone Change Application Entitled "Tuckahoe Center", to Rezone Certain Properties from Highway Business (HB) and Residential Zoning Districts (R-20) to Shopping Center Business (SCB), Hamlet of Tuckahoe WHEREAS' on July 5, 2012, the Town Board of the Town of Southampton received a Change of Zone application entitled "Tuckahoe Center"; and WHEREAS' the proposal seeks to rezone (i) three adjoining properties along the southeasterly side of Country Road 39 in the Hamlet of Tuckahoe (SCTM No's 900-158-3-4, 5 and 6), from Highway Business (HB), to Shopping Center Business (SCB), and (ii) a portion of a fourth parcel (SCTM No. 900-158-3-19) which adjoins the northeasterly side of Magee Street in the Hamlet of Tuckahoe, from Residential .(R-20) to Shopping Center Business (SCB); and WHEREAS, the proposed SCB zone woul d encompass a total of 7.2569 acres and would facilitate redevelopment of the site to construct a 40,000 square-foot supermarket, an 8,400 square-foot building and a 6,600 square-foot building for supporting retail and commercial uses and a 3,500 square-foot bank with 217 proposed parking spaces and a 46,488 sq. ft. access easement as shown on the Proposed Concept Plan of Tuckahoe Center, prepared by The Raynor Group dated February 3, 2012 and last revised July 2, 2012; and WHEREAS, the proposed Change of Zone is a Type I Action pursuant to the State Environmental Quality Review, and the regulating provisions of 6 NYCRR Part 617; and WHEREAS, on October 23, 2012, by Resolution No. 1052 of 2012, the Town Board adopted a Positive Declaration pursuant to the State Environmental Quality Review Act (SEQRA) and Chapter 157 of the Town Code for this change of zone application; and WHEREAS, on November 27, 2012, the Town Board held a scoping session and again on December 11, 2012 with an additional 30-day written comment period in order to identify the issues to be considered and how they should be analyzed to ensure that the Draft EIS is a concise, accurate, and comprehensive document that covers all concerns and issues for public and agency review in an appropriate method and level of detail, and in compliance with 6 NYCRR Part 617.8; and WHEREAS' on January 22, 2013 by Resolution No. 2013-132, the Town Board issued a final written scope for the purposes of preparing a DEIS; and WHEREAS, on October 1, 2014, the Town Clerk received a Draft Environmental Impact Statement (DEIS) from the applicant; and WHEREAS, pursuant 6 NYCRR § 617.9, the lead agency must determine whether to accept the draft EIS as adequate with respect to its scope and content for the purpose of commencing public review; and Generated 12/19/2014 Page 8 Southampton Town Board - Letter Board Meeting of December 18, 2014 WHEREAS' the Division of Land Management Staff reviewed the DEIS for completeness of content and has determined that the document contains the minimum submission requirements for the purpose of conducting the SEQRA review and is therefore adequate for public review and comment; and WHEREAS, the following are determined to be involved and interested agencies: Involved agencies: 1. Town Board of the Town of Southampton 2. Planning Board of the Town of Southampton 3. Suffolk County Department of Health Services 4. Suffolk County Department of Public Works Interested agencies: 1. Suffolk County Planning Commission 2. Southampton Town Director of Transportation and Traffic Safety 3. Suffolk County Water Authority 4. Southampton Town Engineer 5. Southampton Town Building Division 6. Southampton Town Fire Marshal 7. Southampton Town Highway Department 8.. Southampton Town Architectural Review Board 9. Incorporated Village of Southampton 10. Tuckahoe Citizens Advisory Committee 11. Southampton Fire District 12. Southampton Ambulance 13. Southampton Chamber of Commerce NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Southampton hereby deems the scope and content of the Draft Environmental Impact Statement (DEIS) for the proposed Zone Change application known as "Tuckahoe Center" to be adequate for public review; and BE IT FURTHER RESOLVED, the Town Clerk is hereby directed to prepare and file a Notice�of Completion of DEIS/Notice of Combined Hearing on DEIS and Change of Zone application for publication in the Environmental Notice Bulletin (ENB) as prescribed in SEQRA (6 NYCRR) Section § 617.12; 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 pursuant to the State Environmental Quality Review Act (SEQRA), a public hearing will be held by the Town Board of the Town of Southampton on January 27, 2015 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 the subject of a Draft Environmental Impact Statement (DEIS) prepared for the zone change application of Southampton Venture LLC requesting to rezone (i) three adjoining properties along the southeasterly side of Country Road 39 in the Hamlet of Tuckahoe (SCTM No's 900-158-3-4, 5 and 6), from Highway Business (HB) to Shopping Center Business (SCB) and (ii) a portion of a fourth parcel (SCTM No. 900-158-3-19) which adjoins the northeasterly side of Magee Generated 12/19/2014 Page 9 Southampton Town Board - Letter Board Meeting of December 18, 2014 Street in the Hamlet of Tuckahoe, from' Residential (R-20) to Shopping Center Business (SCB) where the proposed SCB zone would encompass a total of 7.2569 acres and would facilitate construction of a 40,000 square-foot supermarket, an 8,400 square-foot building, a 6,600 square-foot building for supporting retail and commercial uses and a 3,500 square- foot bank with 217 proposed parking spaces and a 46,488 sq. ft. access easement as shown on the Proposed Concept Plan of Tuckahoe Center, prepared by The Raynor Group dated February 3, 2012 and last revised July 2, 2012 Copies of the Draft Environmental Impact Statement (DEIS) are on file in the Town Clerk's Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m., in the Southampton Library and on the Southampton Town Website httl2://www.southamptontownny.ciov BY ORDER OF THE TOWN BOARD TOWN OF SOUTHAMPTON, NEW YORK SUNDY A. SCHERMEYER, TOWN CLERK Financial Impact: None RESULT: ADOPTED [4 TO 1] MOVER: Anna Throne-Hoist, Supervisor SECONDER: Christine Preston Scalera, Councilwoman AYES: Anna Throne-Hoist, Bradley Bender, Christine Preston Scalera, Stan Glinka NAYS:Bridget Fleming Generated 12/19/2014 Page 10