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HomeMy WebLinkAboutSH RES 936, 937, 952 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 September 28, 2016 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 September 27, 2016 6:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2016-936 Adopted \[Unanimous\] Resolution Adopting Amendments to Provisions of the Southampton Town Code to Promote Solar Energy Systems as an Accessory Use in All Districts Town Board Resolution RES-2016-937 Adopted \[Unanimous\] Resolution to Adopt Amendments to Article V (Energy Conservation) of the Town Code Town Board Resolution RES-2016-952 Adopted \[Unanimous\] Grant an Extension of Time for the Suffolk County Planning Commission to Review the Tuckahoe Center Zone Change Petition Sincerely Yours, Sundy A. Schermeyer Town Clerk Generated 9/28/2016 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 September 28, 2016 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 27, 2016 6:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2016-936 Adopted \[Unanimous\] Resolution Adopting Amendments to Provisions of the Southampton Town Code to Promote Solar Energy Systems as an Accessory Use in All Districts CC: Sundy A. Schermeyer, Town Clerk Andrew Freleng, Chief Planner Sarah Lansdale, Director Linda Marzano John Capone, Network Admin Kim Myers Kathleen Murray Cindy Guerriero Kim Ottati Michael Baldwin Sandra Cirincione Dorota Godlewski Russell Kratoville Christine Preston Scalera, Councilwoman Leonard Marchese Stan Glinka, Councilman Jay Schneiderman, Supervisor John Bouvier, Councilman Julie Lofstad, Councilwoman James Burke Clare Shea, Principal Planner Kerri Meyer Jacqueline Fenlon, Senior Planner Janice Scherer, Principal Planner Patricia Boudreau-Sullivan Kyle Collins Janice Wilson Dennis Finnerty, Chairman Deborah Dillon Beth Kamper, Village Clerk Christopher Lubicich Brenda Prusinowski, Deputy Comm. of PELM Lori Riccardi, ZBA Head Clerk Patricia Ryan, Chief Deputy Town Clerk Helen Burgess, ZBA Member Elizabeth Lindtvit, Village Clerk - Treasurer Generated 9/28/2016 Page 1 Southampton Town Board - Letter Board Meeting of September 27, 2016 Michael Benincasa, Chief Building Inspector David Wilcox William H. Rogers, Deputy Commissioner of PELM Jason Richberg, Clerk Honorable Diane Wilhelm, Town Clerk Michael Romero, Brookhaven Town Clerk's Office Thomas J. Schiavoni Herb Phillips Stephen Funsch, Village Clerk/Treasurer Rosemarie Cary Winchell, Village Clerk Donald Louchheim, Mayor Carole Brennan, Town Clerk Janice Scherer Denise O'Brien Tullio Bertoli, Commissioner of PELM Brian DeSesa Keith Tuthill Adam Grossman, Vice Chairman L.I. State Park Commission Angela Chinnici, Village Cerk Kathryn Garvin Laura Tooman, Zoning Board Member Honorable Dorothy Ogar, Town Clerk Kandice Cowell, Confidential Secretary Georgia Welch, Village Clerk Daniel Dresch, Director of Traffic Engineering Town Board Resolution RES-2016-937 Adopted \[Unanimous\] Resolution to Adopt Amendments to Article V (Energy Conservation) of the Town Code CC: Sundy A. Schermeyer, Town Clerk Andrew Freleng, Chief Planner Sarah Lansdale, Director Linda Marzano John Capone, Network Admin Kim Myers Kathleen Murray Cindy Guerriero Kim Ottati Michael Baldwin Sandra Cirincione Dorota Godlewski Russell Kratoville Christine Preston Scalera, Councilwoman Leonard Marchese Stan Glinka, Councilman Jay Schneiderman, Supervisor John Bouvier, Councilman Julie Lofstad, Councilwoman James Burke Clare Shea, Principal Planner Kerri Meyer Jacqueline Fenlon, Senior Planner Janice Scherer, Principal Planner Patricia Boudreau-Sullivan Kyle Collins Janice Wilson Dennis Finnerty, Chairman Deborah Dillon Beth Kamper, Village Clerk Christopher Lubicich Brenda Prusinowski, Deputy Comm. of PELM Lori Riccardi, ZBA Head Clerk Patricia Ryan, Chief Deputy Town Clerk Helen Burgess, ZBA Member Elizabeth Lindtvit, Village Clerk - Treasurer Generated 9/28/2016 Page 2 Southampton Town Board - Letter Board Meeting of September 27, 2016 Michael Benincasa, Chief Building Inspector David Wilcox William H. Rogers, Deputy Commissioner of PELM Jason Richberg, Clerk Honorable Diane Wilhelm, Town Clerk Michael Romero, Brookhaven Town Clerk's Office Thomas J. Schiavoni Herb Phillips Stephen Funsch, Village Clerk/Treasurer Rosemarie Cary Winchell, Village Clerk Donald Louchheim, Mayor Carole Brennan, Town Clerk Janice Scherer Denise O'Brien Tullio Bertoli, Commissioner of PELM Brian DeSesa Keith Tuthill Adam Grossman, Vice Chairman L.I. State Park Commission Angela Chinnici, Village Cerk Kathryn Garvin Laura Tooman, Zoning Board Member Honorable Dorothy Ogar, Town Clerk Kandice Cowell, Confidential Secretary Georgia Welch, Village Clerk Daniel Dresch, Director of Traffic Engineering Town Board Resolution RES-2016-952 Adopted \[Unanimous\] Grant an Extension of Time for the Suffolk County Planning Commission to Review the Tuckahoe Center Zone Change Petition CC: Cheryl Kraft Sundy A. Schermeyer, Town Clerk Thomas Neely Andrew Freleng, Chief Planner Sarah Lansdale, Director Linda Marzano John Capone, Network Admin Kim Myers Kathleen Murray Cindy Guerriero Kim Ottati Michael Baldwin Sandra Cirincione Dorota Godlewski Russell Kratoville Christine Preston Scalera, Councilwoman Leonard Marchese Stan Glinka, Councilman Jay Schneiderman, Supervisor John Bouvier, Councilman Julie Lofstad, Councilwoman James Burke Clare Shea, Principal Planner Kerri Meyer Jacqueline Fenlon, Senior Planner Dennis Finnerty, Chairman John Blaney, Planning Board Vice Chair Jacqui Lofaro, Board Member Janice Scherer, Principal Planner John Zuccarelli, Board Member Philip A. Keith, Secretary Carl Benincasa Cathie Gandel, Planning Board Member Anthony Trezza, Principal Planner Patricia Boudreau-Sullivan Generated 9/28/2016 Page 3 Southampton Town Board - Letter Board Meeting of September 27, 2016 Robin Long, Board Member Michelangelo Lieberman Kyle Collins Janice Wilson Tara Coady, Assistant Dennis Finnerty, Chairman John LaRosa Beth Kamper, Village Clerk Christopher Lubicich Brenda Prusinowski, Deputy Comm. of PELM Lori Riccardi, ZBA Head Clerk Patricia Ryan, Chief Deputy Town Clerk Helen Burgess, ZBA Member Elizabeth Lindtvit, Village Clerk - Treasurer Michael Benincasa, Chief Building Inspector David Wilcox William H. Rogers, Deputy Commissioner of PELM Jason Richberg, Clerk Honorable Diane Wilhelm, Town Clerk Michael Romero, Brookhaven Town Clerk's Office Thomas J. Schiavoni Herb Phillips Stephen Funsch, Village Clerk/Treasurer Rosemarie Cary Winchell, Village Clerk Donald Louchheim, Mayor Carole Brennan, Town Clerk Janice Scherer Denise O'Brien Tullio Bertoli, Commissioner of PELM Brian DeSesa Keith Tuthill Adam Grossman, Vice Chairman L.I. State Park Commission Angela Chinnici, Village Cerk Kathryn Garvin Laura Tooman, Zoning Board Member Honorable Dorothy Ogar, Town Clerk Kandice Cowell, Confidential Secretary Georgia Welch, Village Clerk Daniel Dresch, Director of Traffic Engineering Jennifer Garvey Mike Benincasa Theresa Masin Sincerely Yours, Sundy A. Schermeyer Town Clerk Generated 9/28/2016 Page 4 Southampton Town Board - Letter Board Meeting of September 27, 2016 TOWN BOARD RESOLUTION 2016-936 Item # 6.22 ADOPTED DOC ID: 25587 Resolution Adopting Amendments to Provisions of the Southampton Town Code to Promote Solar Energy Systems as an Accessory Use in All Districts WHEREAS, the Town Board is considering amending provisions of the Town Code to promote Solar Energy Systems as an accessory use in all zoning districts; and WHEREAS, public hearings were held on August 9, 2016, August 23, 2016, and September 13, 2016, at which time all persons either for or against said amendments were heard; and WHEREAS, the Town of Southampton Department of Land Management has reviewed the provisions of the New York State Environmental Quality Review Act (SEQRA) and Chapter 157 (Environmental Quality Review) of the Town Code and has advised that the proposed action meets the criteria of a “Type I Action”; and WHEREAS, after reviewing the information contained in the Environmental Assessment Forms prepared by the Department of Land Management and considering the potential impacts of the proposed action, the Town Board finds that the proposed amendments will not result in any large and important impacts and thus, will not have a significant impact on the environment; now, therefore, be it RESOLVED, that the Town of Southampton hereby adopts a Negative Declaration pursuant to the State Environmental Quality Review Act and Chapter 157 of the Southampton Town Code; now, therefore, be it further RESOLVED, that Local Law No. 10 of 2016 is hereby adopted as follows: LOCAL LAW NO. 10 OF 2016 A LOCAL LAW amending provisions of the Town Code to promote Solar Energy Systems as an accessory use in all zoning districts. BE IT ENACTED by the Town Board of the Town of Southampton as follows: Section 1. Legislative Intent . Solar energy is a renewable and non-polluting energy resource that does not produce fossil fuel emissions and will reduce a municipality’s energy load. Energy generated from solar energy can be used to offset energy demand on the grid. The Town of Southampton is committed to such goals, and has articulated such in its Comprehensive Plan and Southampton 400+ Sustainability Plan, which states “because climate change poses a direct threat to the New York shoreline, any effort to reduce carbon footprint is a benefit to a waterfront community like Southampton” and recommends that the Town “Support the construction and expansion of, and improvements to all forms of energy supply infrastructure as a means to provide enhanced environmental benefits, greater fuel diversity and consumer choice to all Southampton Town residents” These amendments therefore . seek to increase the prevalence of solar by promoting the accommodation of solar energy systems as an accessory use in all zoning districts. Generated 9/28/2016 Page 5 Southampton Town Board - Letter Board Meeting of September 27, 2016 Section 2. Amendment . Town Code §330-5 (Zoning, Definitions), of the Code of the Town of Southampton is hereby amended by adding the underlined words alphabetically as follows: §330-5. Definitions. GROUND-MOUNTED SOLAR ENERGY SYSTEM: A Solar Energy System that is anchored to the ground and attached to a pole or other mounting system, detached from any other structure. ROOF-MOUNTED SOLAR ENERGY SYSTEM: A solar panel system located on the roof of any legally permitted building or structure. SOLAR ENERGY EQUIPMENT: Electrical energy storage devices, material, hardware, inverters, or other electrical equipment and conduit of photovoltaic devices associated with the production of electrical energy. SOLAR ENERGY SYSTEM: A system that transforms solar energy into another form of energy or transfers heat from a collector to another medium using mechanical, electrical, or other means. SOLAR PANEL: A device capable of collecting and converting solar energy into electrical or thermal energy. Section 3. Amendment. Town Code §330-67 is hereby amended by adding the underlined words as follows: §330-67. Protection of natural vegetation. A. To ensure maximum water recharge and to minimize the potential for fertilized vegetation, natural vegetation located on a tract or lot shall be preserved to the maximum extent possible, consistent with the following parameters: (4) Residential lots and tracts: (a) For residential lots, the amount of disturbance of natural vegetation shall not exceed the following percentages, except on flagpole lots, where the area of the pole shall be exempt from the total lot area and the total amount of clearing permitted: (1) the pole portion of a flagpole lot shall be exempt for the total lot area and the total amount of clearing permitted; and . (2) Ground-Mounted Solar Energy Systems having a minimum output of 5 kw and a maximum of 4,500 square feet shall be exempt from the total amount of clearing permitted; provided that no more than 20% of this exempt area shall contain impervious surfaces. If such system is removed or becomes inoperable, the subject lot shall be revegetated so as to comply with the clearing restriction of this section, per a site disturbance plan approved by the Planning Board pursuant to §330-67A(1). Section 4. Amendment. Town Code §330-76 is hereby amended by adding the underlined words as follows: § 330-76. Placement of accessory buildings structures, and uses in all districts. , Generated 9/28/2016 Page 6 Southampton Town Board - Letter Board Meeting of September 27, 2016 L. Solar Energy Systems. All such systems are permitted as an accessory use in all zoning districts when the primary purpose is for producing electricity or thermal energy for onsite consumption. (1) Roof-Mounted Solar Energy Systems. (a) All such systems are subject to the requirements of §123-39.1. (b) Height. Shall not exceed the maximum height restrictions of the zoning district within which they are located. (c) Aesthetics. Roof-Mounted Solar Energy System installations shall incorporate the following design requirements: a. When feasible, Solar Energy Equipment shall be installed inside walls and attic spaces to reduce their visual impact. If Solar Energy Equipment is installed externally, then it shall be placed in the side or rear yard of the subject building so as not to be visible from a public right-of-way. If Solar Energy Equipment is visible from a public right-of-way, it shall match the color scheme of the underlying structure. b. Panels facing the front yard must be mounted at the same angle as the roof’s surface with a maximum distance of 6 inches between the roof and highest edge of the system. (2) Ground-Mounted Solar Energy Systems. (a) Maximum Height shall not exceed 10 feet. (b) Shall adhere to the setback requirements pursuant to §330-77G, as well as transition yard requirements pursuant to §330-83, as may be applicable, but in no case shall it be located closer than 10 feet from any property line. (c) All such systems shall be installed in the side or rear yards. Section 5 Amendment. . Town Code §330-77D is hereby amended by adding the underlined words as follows: 330-77. Placement of accessory buildings, structures, and uses in residence districts. D. Accessory building and/or structures to be located or constructed in any residential zone in the required rear yard for a main or principal building shall not occupy more than 20% of such required rear yard, except for the area of the footprint associated with a Ground-Mount Energy System having a minimum output of 5 kw, and decks and patios within 12 inches of grade. The total lot coverage shall not exceed the maximum lot coverage provided in §330-11. Section 6. Authority. The proposed local law is enacted pursuant to Town Law Article 16 and Municipal Home Rule Law §10(1)(ii)(a)(11) and §10(1)(ii)(d)(3). Section 7. Severability. If any section or subdivision, paragraph, clause, phrase 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 provision so adjudged to be invalid or unconstitutional. Section 8. Effective Date. Generated 9/28/2016 Page 7 Southampton Town Board - Letter Board Meeting of September 27, 2016 This local law shall take effect upon filing with the Secretary of State pursuant to the Municipal Home Rule Law. AND BE IT RESOLVED, that the Town Clerk is hereby directed to publish the following Notice of Adoption: NOTICE OF ADOPTION TAKE NOTICE that after public hearings were held by the Town Board of the Town of Southampton on August 9, 2016, August 23, 2016, and September 13, 2016, the Town Board, at its meeting of September 27, 2016, adopted Local Law No. 10 Of 2016 as follows: “A LOCAL LAW amending provisions of the Town Code to promote Solar Energy Systems as an accessory use in all zoning districts.” SUMMARY OF LOCAL LAW This code amendment promotes Solar Energy Systems as an accessory use in all zoning districts by defining such, and by modifying code provisions regulating rear yard lot coverage and ground disturbance. Copies of the proposed local law sponsored by Councilman Bouvier 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: John Bouvier, Councilman SECONDER: Julie Lofstad, Councilwoman AYES: Schneiderman, Lofstad, Scalera, Bouvier, Glinka Generated 9/28/2016 Page 8 Southampton Town Board - Letter Board Meeting of September 27, 2016 TOWN BOARD RESOLUTION 2016-937 Item # 6.23 ADOPTED DOC ID: 25642 A Resolution to Adopt Amendments to Article V (Energy Conservation) of the Town Code WHEREAS, the Town Board is considering amending provisions of Article V (Energy Conservation) of the Town Code; and WHEREAS, a public hearing was held on September 13, 2016, at which time all persons either for or against said amendments were heard; and WHEREAS, the Town of Southampton Department of Land Management has reviewed the provisions of the New York State Environmental Quality Review Act (SEQRA) and Chapter 157 (Environmental Quality Review) of the Town Code and has advised that the proposed action meets the criteria of a “Type II Action”; now, therefore, be it further RESOLVED, that Local Law No. 11 of 2016 is hereby adopted as follows: LOCAL LAW NO. 11 OF 2016 A LOCAL LAW amending provisions of the Town Code in regards to Article V (Energy Conservation). 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 seeks to protect and promote the public health, safety, and welfare of its residents by mandating energy efficient building standards. In March 2016, the New York State Fire Prevention and Building Code Council updated the 2016 Energy Conservation Construction Code of New York incorporating various supplements which, effective October 3, 2016, must be complied with for residential buildings. Several municipalities including the Town of Southampton have adopted more stringent requirements as part of our Town Code, such as EnergyStar, minimum HERS scores, benchmarking and early adoption of the 2012 IECC (International Energy Conservation Code). This proposed Code amendment seeks to modify the Town Code to be consistent with the new regulations and to enact slightly more restrictive regulations as they relate to HERS ratings for dwellings with between 4,501 square feet and 6,500 square feet of conditioned space. Section 2. Amendment. Town Code §123-37 of the Code of the Town of Southampton is hereby amended by adding the underlined words and deleting the strike-through words: §123-37 Home energy rating index requirements. A. Effective October 3, 2016, January 1, 2012, any newly built or substantially reconstructed subject dwelling shall be rated by an independent, Residential Energy Services Network (RESNET) certified home energy rating system (HERS) rater, following the protocol set out by RESNET, including all required reviews and diagnostic tests, including combustion safety tests. The HERS rater must attest that the home was Generated 9/28/2016 Page 9 Southampton Town Board - Letter Board Meeting of September 27, 2016 rated to the HERS index prescribed below and passed all combustion safety tests, prior to the issuance of a certificate of occupancy. (1) Dwellings with up to 3,500 4,500 square feet of conditioned space shall achieve a minimum home energy rating index of 70 54 or less. (2) Dwellings with between 3,501 and 4,500 square feet of conditioned space shall achieve a minimum home energy rating index of 65 or less. (3) Dwellings with between 4,501 and 6,500 square feet of conditioned space shall achieve a minimum home energy rating index of 50 or less. (4) Dwellings with over 6,500 4,500 square feet of conditioned space shall achieve a minimum home energy rating index of 35 or less. B. Effective January 1, 2012, October 3, 2016, prior to the issuance of a building permit for any new or substantially reconstructed subject dwelling, the applicant shall submit a certificate from a certified home energy rating system (HERS) rater that the house design has received the necessary tentative home energy rating index, per Subsection A, based on a review of the plans and specifications. Section 3. Amendment. Town Code §123-38 of the Code of the Town of Southampton is hereby amended by adding the underlined words and deleting the strike-through words: §123-38 Energy Star® requirements for commercial buildings. Reserved. A. New commercial buildings of any size and with conditioned space shall meet the following requirement: (1) As part of a building permit application for a commercial building with conditioned space, the architect shall certify that the design meets the "designed to Energy Star"® \[See <http://www.energystar.gov/ index.cfm?c=new_bldg_design .new_bldg_design_benefits> for details.\] requirements. The supporting calculations for this certification shall be included as part of the building permit application. B. New municipal buildings shall also meet the above requirements. Section 4. Authority. The proposed local law is enacted pursuant to Municipal Home Rule Law §10 and New York State Town Law §130(1) Section 5. Severability. If any section or subdivision, paragraph, clause, phrase 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 provision so adjudged to be invalid or unconstitutional. Section 6. Effective Date. This local law shall take effect upon filing with the Secretary of State pursuant to the Municipal Home Rule Law. Generated 9/28/2016 Page 10 Southampton Town Board - Letter Board Meeting of September 27, 2016 AND BE IT RESOLVED, that the Town Clerk is hereby directed to publish the following Notice of Adoption: NOTICE OF ADOPTION TAKE NOTICE that after a public hearing was held by the Town Board of the Town of Southampton on September 13, 2016, the Town Board, at its meeting of September 27, 2016, adopted Local Law No. 11 of 2016 as follows: “A LOCAL LAW amending provisions of Article V (Energy Conservation) of the Town Code.” SUMMARY OF LOCAL LAW These code amendments make the Town Code consistent with revisions to the New York State Residential Building Code and adopt more stringent regulations as they relate to HERS ratings for dwellings with between 4,501 square feet and 6,500 square feet of conditioned space. Copies of the proposed 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: John Bouvier, Councilman AYES: Schneiderman, Lofstad, Scalera, Bouvier, Glinka Generated 9/28/2016 Page 11 Southampton Town Board - Letter Board Meeting of September 27, 2016 TOWN BOARD RESOLUTION 2016-952 Item # 6.40 ADOPTED DOC ID: 25670 Grant an Extension of Time for the Suffolk County Planning Commission to Review the Tuckahoe Center Zone Change Petition 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 would 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 square foot 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 Act (“SEQRA”), 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 SEQRA and Chapter 157 of the Town Code for this change of zone application; and WHEREAS, after public scoping was conducted, 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, on December 18, 2014, by Resolution No. 2014-1364, the Town Board deemed the DEIS adequate for public review; and WHEREAS, combined public hearings were held on the DEIS and zone change petition on February 3, 2015, February 10, 2015, March 10, 2015; March 24, 2015 and April 28, 2015; and WHEREAS, on November 10, 2015, by Resolution No. 2015-1084, the Town Board accepted and referred the Final Environmental Impact Statement (FEIS) to the Suffolk County Planning Commission (the “Commission”) pursuant to General Municipal Law §239, and the Suffolk County Administrative Code; and Generated 9/28/2016 Page 12 Southampton Town Board - Letter Board Meeting of September 27, 2016 WHEREAS, on December 2, 2015, by Resolution No. ZSR-15-34, the Commission disapproved the change of zone; and WHEREAS, in June of 2016, the Town Board received a plan depicting the following revisions: A 6,000 square foot or 10% reduction in total proposed building area from 58,500  sq. ft. to 52,500 sq. ft. resulting in a 38,000 sq. ft. grocery store and 14,500 sq. ft. of other commercial space in three separate buildings; Elimination of the proposed drive-through lane associated with one of the smaller  commercial buildings; Increase in landscape area by 13,000 sq. ft.;  Increase in the number of parking from 249 to 257, for a total of 8 additional parking  spaces; and WHEREAS, the Town Planning & Development Administrator referred the revised plan and corresponding analysis to the Town’s traffic consultant, who by letter dated July 22, 2016, indicated that the removal of the drive-up window and other reductions within the plan were significant in terms of traffic mitigation; and WHEREAS by memorandum dated July 22, 2016, the Town Planning and Development , Administrator recommended that the Town Board refer the amended plan to the Commission for consideration to determine if said revisions addressed the Commission’s concerns related to traffic impacts to both the local and regional transportation network as outlined in its December 2, 2015 resolution on the subject application; and WHEREAS, by Resolution No. 837 of 2016, the Town Board authorized the Town Clerk to forward said amended plan to the Commission for its review; and WHEREAS, by letter dated September 20, 2016, the Commission has requested additional time to review the amended plan at its October 11, 2016 meeting; and WHEREAS, the Town Board has no objection to said request; now therefore be it RESOLVED, that the Town Board hereby grants an extension of time, beyond the forty-five (45) days allotted to the Commission, for its review of the Tuckahoe Center amended site plan, and pursuant to General Municipal Law §239 and the Suffolk County Administrative Code. Financial Impact: None, see resolution text. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Jay Schneiderman, Supervisor SECONDER: John Bouvier, Councilman AYES: Schneiderman, Lofstad, Scalera, Bouvier, Glinka Generated 9/28/2016 Page 13