[HISTORY: Adopted by the Town Board of the
Town of Southampton 7-22-2008 by L.L. No. 44-2008. Amendments noted
where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 330.
A.
In 1970, the Town Board of the Town of Southampton
adopted a Master Plan which states long-term planning objectives,
establishes a general plan to guide both public and private development,
and addresses critical community planning issues, including protection
of natural resources, the provision of affordable housing, forecasting
the need for improved or additional municipal facilities, sustaining
the local economy, and improving transportation management.
B.
The 1999 Comprehensive Plan Update (Update) builds
upon the 1970 Master Plan, both of which identify a number of significant
land use, transportation, zoning, and capital improvement strategies.
The Update emphasizes that the challenge is not just in reviewing
new development, but in addressing issues raised by existing development.
"The objective is to make the highway business areas productive, attractive
and consistent with the Town's resort image." The recommendations
must, however, be applied in ways that will vary for each hamlet and
business center based upon "the physical characteristics, zoning,
demand, tax base and other hamlet conditions, including the priorities
of local citizenry and businesses." The overall vision of the study
area is "a gateway corridor with commercial concentrations instead
of commercial sprawl, access and visual upgrades throughout as part
of an overall Access Design and Development Management Plan for the
entire County Road 39 Corridor."
C.
To respond to this need, land adjacent to County Road
39 within the boundaries of the County Road 39 Study Area ("the Study
Area"), beginning in Shinnecock Hills to the west and extending east
along County Road 39 to the terminus in the hamlet of Water Mill,
shall be analyzed through the County Road 39 Corridor Planning Study
that will examine the cumulative and site-specific impacts of land
use proposals and scenarios along the Corridor. While concentrating
on the road and development adjacent to it, the study shall also consider
the surrounding area within a minimum 1/2 mile of the roadway, widening
to include hamlet and village centers when appropriate, as well as
major development projects. In addition, CR 39 is the major conduit
for traffic to and from the Town of Easthampton. Although this project
will not be planning for that community, it should take into account
the potential impacts of zoning and development trends there on the
County Road 39 Study Area.
D.
This study will look at the potential cumulative land
uses and impact thresholds for the County Road 39 Corridor Study Area.
It will identify, consolidate, confirm and update goals and objectives
for the corridor, evaluating recommendations from previous planning
efforts in terms of whether they have been, or have the potential
to be, successfully implemented, including a comprehensive assessment
of all plans for cross access. Barriers to implementation will be
identified and addressed. Following a build-out analysis, the Study
will also formulate and evaluate alternative rezoning scenarios, including
zoning issues which are already apparent:
(1)
The Highway Business District (HB) that governs a
portion of the corridor was created in the 1960s-1970s era when strip
commercial development was promoted. This zoning needs to be updated
to conform to current visions for corridor development.
(2)
The Study Area contains properties targeted by the
private sector for rezoning. Other current development proposals include
potential hospital relocation, a major supermarket, and a national
chain bank. One project calls for redevelopment of a property with
a structure of historic and architectural value.
E.
Additional Study recommendations concerning zoning
will include specific proposals for changes to districts, uses, bulk
regulations, and site plan and architectural design standards which
may need to vary by location along the corridor. Further land use
planning and development strategies may include procedural changes,
regulations for environmental protection and historic preservation,
infrastructure improvements for accommodating anticipated new development,
and recommendations for capital projects to improve the area's appearance
and to support walking, cycling, and the use of mass transit.
F.
The Study will also address specific large-scale projects
and user populations, including the student population at SUNY Southampton
and potential workforce housing project populations.
G.
Finally, the Study will provide a detailed implementation
plan that will address the cost, scheduling and funding of proposed
capital improvements, as well detailing who has primary responsibility
for each action and how it will be carried out.
H.
While this Study is being conducted, the Town shall
impose a twelve-month moratorium for the County Road 39 Corridor Study
Area to address specific areas, including but not limited to developments
of regional significance; fiscal impacts of developments and increased
density proposals on school districts, transportation issues, potential
impacts on designated source water recharge areas; preservation of
greenspace/greenways to preserve community character; trail systems;
wildland/urban interface issues, including firewise design standards,
fuel break standards, etc.; roadside beautification projects, street
trees; watershed planning; wetland/coastal land preservation priorities;
and stormwater management issues.
I.
The Town's efforts to support sound planning, zoning
and public investment in the County Road 39 Corridor Study Area and
its surrounding areas have contributed significantly to the confidence
and commitment of private investors. A rational and comprehensive
development, zoning, design, transportation and public investment
strategy, as outlined by the Comprehensive Plan Update and more specifically
resulting from this Study, will continue to contribute to these efforts.
The Study Area is as depicted on a map prepared
by the Town of Southampton's GIS Department, dated June 10, 2008,
and named "County Road 39 Corridor Study Boundary."
This chapter is adopted pursuant to the Municipal Home Rule Law and the State Environmental Quality Review Act and its implementing regulations and expressly supersedes any provisions of Chapters 247, 292 and 330 of the Town Code of the Town of Southampton and Article 16 of the Town Law of the State of New York. In particular, this chapter shall supersede those provisions of the Town Code and New York State Law which requires the Town Board, Planning Board or Zoning Board of Appeals to accept, process and approve applications within certain statutory time periods.
No agency of the Town of Southampton shall process or approve any application for a change of zone, subdivision, site plan, variance or special exception within the study area defined in § 318-2 during this moratorium. No new applications affected by this section shall be accepted by an agency of the Town of Southampton after the effective date of this chapter, except as provided herein.
[Amended 3-24-2009 by L.L. No. 11-2009]
This chapter shall expire on March 30, 2009.
A.
The following applications are excluded from this
chapter:
(1)
Building permits for projects that have received all
necessary approvals prior to the adoption of this chapter;
(2)
Routine maintenance;
(3)
Minor additions less than 1,000 square feet to existing
structures;
(4)
Renovations of existing structures which do not involve
a change of use;
(5)
Facade improvements;
(6)
Building permits for single-family homes;
(7)
Variance applications for single-family homes;
(8)
Residential two-lot subdivisions;
(9)
Individual setback and lot line variances;
(10)
Permits associated with management or stewardship
aspects of the Community Preservation Project Plan;
(11)
A site plan and special exception application
submitted on behalf of a nonprofit museum for educational purposes;
(12)
Modifications to approved applications which
do not involve expansion of existing structures;
(13)
A subdivision or site plan application that
has received final conditional approval from the Planning Board prior
to the effective date of this chapter;
(14)
Subdivision applications deemed by the Planning Board to be a transfer of property or resubdivision as defined in § 292-3 of the Subdivision Regulations;
(15)
Applications to open development sections connected
with Old Filed Maps;
(16)
Accessory apartments on single and separate
residential lots or in compliance with the provisions of HO/HC Zoning
Districts;
(17)
Government-initiated projects, including park
development;
(18)
A subdivision, site plan, special exception,
or variance application submitted by a nonprofit religious establishment;
(19)
A subdivision, site plan, special exception,
or variance application involving a nonprofit public safety, emergency
service provider;
(20)
Planned development district applications whose
zone changes have been approved by the Town Board by local law and
have been referred to the Planning Board for site plan approval;
(21)
The Southampton Fairfield, LLC, Residential Planned Development District petition (SCTM No. 900-158-2-13.1) with 30% (15) community benefit (workforce housing) units pursuant to Chapter 216;
(22)
The Sandy Hollow Cove Residential Planned Development District petition (SCTM No. 900-111-03-24) with 100% (16) community benefit (workforce housing) units pursuant to Chapter 216;
(23)
Any application of or on behalf of the Lobster
Inn, more particularly described as SCTM No. 900-176-2-1.3 and 50,
including, but not limited to, an application to the Zoning Board
of Appeals for a change of use or an application to the Town Board
for an amendment of the Planned Development District designation,
provided that, as a condition of any approval, the necessary right-of-way
is dedicated to the Town for purposes of improving East Inlet Road
for safer egress pursuant to the recommendations of the Suffolk County
Department of Public Works.
A.
Applications requesting exemption from the moratorium
will provide, at a minimum, written documentation sufficient to prove:
(1)
That the proposed project in no way interferes with
the intent of the Corridor Study.
(2)
That the proposed project is compatible with the recommendations
of the 1970 Master plan and 1999 Comprehensive Plan Update.
(3)
That there is minimal or no environmental impact on
wetlands, endangered plant and animal species, and wildlife.
(4)
That there is no impact on the school district or
a written statement from the school district that it supports the
application.
(5)
That there is no impact on the archaeological and
historical resources of the area.
(6)
That the applicable fire, ambulance, emergency, and
police services can meet the needs of the proposed project.
(7)
That an applicable traffic impact study shows that
there is minimal or no impact on traffic in the area.
(8)
That the Suffolk County Water Authority is able to
support the project.
(9)
That the proposed project is compatible with the aesthetic
resources of the community and with the neighborhood character.
(10)
That the project complies with all requirements
of the Suffolk County Department of Public Health and Department of
Public Works.
B.
Applications may be exempted from the provisions of
this chapter, following a public hearing on notice before the Town
Board.
C.
In making a determination under Subsection A, the Town Board may obtain and consider written reports from the Department of Land Management and such other sources as required in the judgment of the Town Board and consistent with the purpose of this chapter.
D.
An application under Subsection A shall be accompanied by a fee of $500 and 18 copies of the application, together with the applicant's written undertaking, in a form to be approved by the Town Attorney and, in substance, approved by the Town Board, to pay either in advance or by reimbursement, at the Town Board's on-going election, any out-of-pocket costs incurred by the Town in studies and/or by retainer of resource personnel and relating to the hearing, review, and determination of such application.
