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Home My WebLink AboutSH RES 1209, 1216 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 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 December 27, 2016 1:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2016-1209 Adopted \[Unanimous\] Notice of Public Hearing to Change the Zoning Classification of Certain Parcels Identified as SCTM No’s 900-158-3-4, 5, and 6 from Highway Business (HB) to Shopping Center Business (SCB), and a Portion of a Fourth Parcel Identified as SCTM No. 900-158-3-19, which Adjoins the Northeasterly Side of Magee Street, from Residential (R-20) to Shopping Center Business (SCB), in the Hamlet of Tuckahoe Town Board Resolution RES-2016-1216 Adopted \[Unanimous\] Notice of Public Hearing to Consider Amending Town Code §330-202 of Article XXII (Signs) Changing the Extended Amortization Date for Signs to be in Compliance to January 1, 2019 Sincerely Yours, Sundy A. Schermeyer Town Clerk Generated 12/28/2016 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 December 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 December 27, 2016 1:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2016-1209 Adopted \[Unanimous\] Notice of Public Hearing to Change the Zoning Classification of Certain Parcels Identified as SCTM No’s 900-158-3-4, 5, and 6 from Highway Business (HB) to Shopping Center Business (SCB), and a Portion of a Fourth Parcel Identified as SCTM No. 900-158-3-19, which Adjoins the Northeasterly Side of Magee Street, from Residential (R-20) to Shopping Center Business (SCB), in the Hamlet of Tuckahoe CC: Linda Marzano John Capone, Network Admin Kim Myers Kathleen Murray Cindy Guerriero Kim Ottati Sundy A. Schermeyer, Town Clerk 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 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 Janice Scherer Clare Shea, Principal Planner Dennis Finnerty, Chairman David Wilcox William H. Rogers, Deputy Commissioner of PELM Jason Richberg, Clerk Honorable Diane Wilhelm, Town Clerk Generated 12/28/2016 Page 1 Southampton Town Board - Letter Board Meeting of December 27, 2016 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 Patricia Boudreau-Sullivan 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 Angela Chinnici, Village Cerk Kathryn Garvin Laura Tooman, Zoning Board Member Honorable Dorothy Ogar, Town Clerk Kandice Cowell, Confidential Secretary Kerri Meyer Michael Benincasa, Chief Building Inspector Kyle Collins Georgia Welch, Village Clerk Daniel Dresch, Director of Traffic Engineering Andrew Freleng, Chief Planner Noelle Bailly Town Board Resolution RES-2016-1216 Adopted \[Unanimous\] Notice of Public Hearing to Consider Amending Town Code §330-202 of Article XXII (Signs) Changing the Extended Amortization Date for Signs to be in Compliance to January 1, 2019 CC: Linda Marzano John Capone, Network Admin Kim Myers Kathleen Murray Cindy Guerriero Kim Ottati Sundy A. Schermeyer, Town Clerk 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 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 Janice Scherer Clare Shea, Principal Planner Dennis Finnerty, Chairman David Wilcox William H. Rogers, Deputy Commissioner of PELM Jason Richberg, Clerk Honorable Diane Wilhelm, Town Clerk Michael Romero, Brookhaven Town Clerk's Office Generated 12/28/2016 Page 2 Southampton Town Board - Letter Board Meeting of December 27, 2016 Thomas J. Schiavoni Herb Phillips Stephen Funsch, Village Clerk/Treasurer Rosemarie Cary Winchell, Village Clerk Donald Louchheim, Mayor Carole Brennan, Town Clerk Patricia Boudreau-Sullivan 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 Angela Chinnici, Village Cerk Kathryn Garvin Laura Tooman, Zoning Board Member Honorable Dorothy Ogar, Town Clerk Kandice Cowell, Confidential Secretary Kerri Meyer Michael Benincasa, Chief Building Inspector Kyle Collins Georgia Welch, Village Clerk Daniel Dresch, Director of Traffic Engineering Andrew Freleng, Chief Planner Deborah Dillon Mark Viseckas Sincerely Yours, Sundy A. Schermeyer Town Clerk Generated 12/28/2016 Page 3 Southampton Town Board - Letter Board Meeting of December 27, 2016 TOWN BOARD RESOLUTION 2016-1209 Item # 7.38 ADOPTED DOC ID: 26221 Notice of Public Hearing to Change the Zoning Classification of Certain Parcels Identified as SCTM No’s 900-158-3-4, 5, and 6 from Highway Business (HB) to Shopping Center Business (SCB), and a Portion of a Fourth Parcel Identified as SCTM No. 900-158-3-19, which Adjoins the Northeasterly Side of Magee Street, from Residential (R-20) to Shopping Center Business (SCB), in the 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 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, 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, 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, after public scoping was conducted, on January 22, 2013, by Resolution No. 132 of 2013, 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. 1364 of 2014, 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 Generated 12/28/2016 Page 4 Southampton Town Board - Letter Board Meeting of December 27, 2016 WHEREAS, on November 10, 2015, by Resolution No. 1084 of 2015, the Town Board accepted and referred the Final Environmental Impact Statement (FEIS) to the Suffolk County Planning Commission pursuant to General Municipal Law §239, and the Suffolk County Administrative Code; and WHEREAS, on December 2, 2015, by Resolution No. ZSR-15-34, the Suffolk County Planning 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  square feet to 52,500 square feet, resulting in a 38,000 square foot grocery store and 14,500 square feet 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 square feet;  Increase in the number of parking spaces 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, thereafter, pursuant to Resolution No. 837 of 2016, adopted August 9, 2016, the Town Board referred the matter to the Suffolk County Planning Commission for their reconsideration and review pursuant to General Municipal Law §239 and the Suffolk County Planning Commission Guidelines; and WHEREAS, on December 7, 2016, by Resolution No. ZSR-16-33, the Suffolk County Planning Commission approved the application of “Tuckahoe Center”; and WHEREAS, with approximately 20 months elapsing since the last public hearing, the Town Board seeks to re-open the public hearing to re-familiarize itself with the specifics of the application; now therefore be it RESOLVED, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on January 24, 2017, 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 , proposed local law entitled: “A LOCAL LAW to change the zoning classification of certain parcels identified as SCTM No’s 900-158-3-4, 5, and 6 from Highway Business (HB) to Shopping Center Business (SCB), and a portion of a fourth parcel identified as SCTM No. 900-158-3-19, which adjoins the northeasterly side of Magee Street, from Residential (R- 20) to Shopping Center Business (SCB), in the hamlet of Tuckahoe,” which provides as follows: LOCAL LAW NO. ___ OF 2017 Generated 12/28/2016 Page 5 Southampton Town Board - Letter Board Meeting of December 27, 2016 A LOCAL LAW to change the zoning classification of certain parcels identified as SCTM No’s 900-158-3-4, 5, and 6 from Highway Business (HB) to Shopping Center Business (SCB), and a portion of a fourth parcel identified as SCTM No. 900-158-3-19, which adjoins the northeasterly side of Magee Street, from Residential (R-20) to Shopping Center Business (SCB), in the hamlet of Tuckahoe. BE IT ENACTED by the Town Board of the Town of Southampton as follows: SECTION 1. Legislative Findings . Pursuant to Chapter 330, Section 185, a petition has been received requesting a change in the zoning classification of certain parcels identified as SCTM No’s 900-158-3-4, 5, and 6 from Highway Business (HB) to Shopping Center Business (SCB), and a portion of a fourth parcel identified as SCTM No. 900-158-3-19, which adjoins the northeasterly side of Magee Street, from Residential (R-20) to Shopping Center Business (SCB), in the hamlet of Tuckahoe. It is the intention of this Local Law to effectuate the aforementioned zone change if the Town Board determines that this action is in the best interests of the Town. SECTION 2. Amend the Zoning Map of the Town Code as follows: Parcels identified as SCTM No’s 900-158-3-4, 5, and 6 are hereby changed from Highway Business (HB) to Shopping Center Business (SCB), and a portion of a fourth parcel identified as SCTM No. 900-158-3-19, which adjoins the northeasterly side of Magee Street, from Residential (R-20) to Shopping Center Business (SCB), in the hamlet of Tuckahoe. SECTION 3. Severability. If any section or subsection, paragraph, clause, phrase or provision 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 4. Effective Date . This Local Law shall take effect upon the filing of this Local Law with the Secretary of State pursuant to the Municipal Home Rule Law. AND BE IT FURTHER RESOLVED, that the Town Clerk is hereby authorized to publish the following Notice of Public Hearing: NOTICE OF PUBLIC HEARING TAKE NOTICE that a public hearing will be held on January 24, 2017, 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 proposed local law entitled: “A LOCAL LAW to change the zoning classification of certain parcels identified as SCTM No’s 900-158-3-4, 5, and 6 from Highway Business (HB) to Shopping Center Business (SCB), and a portion of a fourth parcel identified as SCTM No. 900-158-3-19, which adjoins the northeasterly side of Magee Street, from Residential (R-20) to Shopping Center Business (SCB), in the hamlet of Tuckahoe.” Copies of the proposed local law, sponsored by Supervisor Schneiderman, are on file in the Town Clerk’s Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m. Generated 12/28/2016 Page 6 Southampton Town Board - Letter Board Meeting of December 27, 2016 BY ORDER OF THE TOWN BOARD TOWN OF SOUTHAMPTON, NEW YORK SUNDY A. SCHERMEYER, TOWN CLERK Financial Impact: None, see resolution text. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Jay Schneiderman, Supervisor SECONDER: Julie Lofstad, Councilwoman AYES: Schneiderman, Lofstad, Scalera, Bouvier, Glinka Generated 12/28/2016 Page 7 Southampton Town Board - Letter Board Meeting of December 27, 2016 TOWN BOARD RESOLUTION 2016-1216 Item # 7.46 ADOPTED DOC ID: 26230 Notice of Public Hearing to Consider Amending Town Code §330-202 of Article XXII (Signs) Changing the Extended Amortization Date for Signs to be in Compliance to January 1, 2019 BE IT HEREBY RESOLVED, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on January 24, 2017, 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 §330-202 (Compliance; amortization of preexisting signs.) of Article XXII (Signs) of Chapter 330 (Zoning) of the Southampton Town Code changing the extended amortization date to January 1, 2019,” which provides as follows: LOCAL LAW NO. OF 2017 A LOCAL LAW amending Town Code §330-202 (Compliance; amortization of preexisting signs.) of Article XXII (Signs) of Chapter 330 (Zoning) of the Southampton Town Code changing the extended amortization date to January 1, 2019. SECTION 1. Legislative Intent. This proposed local law will change the extended amortization date for bringing signs into compliance from January 1, 2017 to January 1, 2019. This additional time is needed to properly and orderly bring all signs into compliance without putting an undue burden on sign owners or Town staff and resources. SECTION 2. Amendment. Southampton Town Code §330-202 (Compliance; amortization of preexisting signs.), subsection (B) of Article XXII (Signs) of Chapter 330 (Zoning) is hereby amended by deleting the stricken words and adding the underlined words as follows: B. Preexisting signs, amortization. No sign, whenever erected, existing within the Town of Southampton prior to the effective date, shall continue to exist after June 1, 2007 (the "amortization date"), unless it is brought into compliance with the requirements of this article prior thereto; provided, however, that the owner of any sign in compliance with the Southampton Town Code prior to the effective date shall have until January 1, 2017 2019 (the "extended amortization date"), to remove any such sign if, prior to the amortization date, such owner submits an application to the Building Department requesting the extended amortization date, together with, for any such sign existing prior to May 22, 1972, a valid sign permit or a certificate of compliance or three affidavits evidencing such existence, all in accordance with procedures hereafter established by said Department. Any modifications or alterations to any such lawfully preexisting, nonconforming sign prior to the extended amortization date shall subject such sign to all the requirements of this article, except that any change in the business name on any such sign, provided that the business conducted at such existing property has not changed, need not conform to the provisions of this article so long as (i) the sign size or nonconformity is not increased, (ii) if the sign is illuminated, it is brought into compliance with all the requirements of §330-207, and (iii) the Generated 12/28/2016 Page 8 Southampton Town Board - Letter Board Meeting of December 27, 2016 applicant receives a permit for such changes pursuant to the provisions of §330-208A. Signs that are not lawfully preexisting (i.e., signs erected or changed without the benefit of a valid permit, Planning Board approval or a variance) are not entitled to the benefits of such extended amortization and must be brought into compliance with all the provisions of this article prior to the amortization date. No such lawfully preexisting, nonconforming sign may be reestablished after it has been abandoned or discontinued for a period of 90 days or more. SECTION 3. Authority. The Town Board may provide for the adoption or amendment of zoning regulations pursuant to Town Law §§264 and 265 and Municipal Home Rule Law §10(1)(ii)(d)(3). SECTION 4. Severability. If any section or subsection, paragraph, clause, phrase, or provision 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 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 forward a copy of the proposed law to the Southampton Town Planning Board as well as the Suffolk County Planning Commission for their review and recommendations; and be it further RESOLVED, that the Town Clerk is hereby directed to publish the following Notice of Public Hearing: NOTICE OF PUBLIC HEARING RESOLVED, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on January 24, 2017 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 §330-202 (Compliance; amortization of preexisting signs.) of Article XXII (Signs) of Chapter 330 (Zoning) of the Southampton Town Code changing the extended amortization date to be January 1, 2019.” Summary of Proposed Law This proposed local law will change the extended amortization date for bringing signs into compliance from January 1, 2017 to January 1, 2019. Copies of the proposed local 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: Generated 12/28/2016 Page 9 Southampton Town Board - Letter Board Meeting of December 27, 2016 None RESULT: ADOPTED \[UNANIMOUS\] MOVER: Stan Glinka, Councilman SECONDER: Christine Preston Scalera, Councilwoman AYES: Schneiderman, Lofstad, Scalera, Bouvier, Glinka Generated 12/28/2016 Page 10