[HISTORY:[1] Adopted by the Town Board of the Town of Southampton 4-25-2006 by L.L. No.
18-2006. Amendments noted where applicable.]
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,
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 further refines strategies for the hamlet business centers,
recognizing that each hamlet presents different challenges and opportunities,
and recommends that additional studies be conducted.
C.
The Hamlet of East Quogue is unique, as it presently
contains large undeveloped tracts of land as compared to other hamlets
within the Town, including extensive unbroken tracts of Pine Barrens
known to contain rare and endangered species and having exemplary
glacial knoll and kettle topography. Specific natural resources within
the Hamlet of East Quogue include large contiguous agricultural lands
in the vicinity of Lewis Road, critical resource areas as designated
within the Central Pine Barrens Plan, aquifer recharge areas, public
well sites and source water recharge areas, and Weesuck Creek with
its associated watershed and wetlands.
D.
Currently there are several separate conceptual plans
and preapplications for residential development within a discrete
geographical area of East Quogue that affects approximately 818 acres
and would result in the creation of at least 220 new lots. In addition,
there are inquiries related to the possibility of increasing density
on certain parcels vis a vis the creation of planned development districts
(PDD) to increase the size and intensity of the hamlet center, as
well as adding golf courses and other recreational and commercial
uses throughout the hamlet. This unprecedented and rapid growth has
the potential to place significant adverse pressures on the rural
hamlet as the development proposals, when considered together, may
have common and cumulative impacts on the groundwater/ watershed,
wetlands, surface waters, agriculture, woodland habitat and wildlife
species, as well as growth inducing impacts on the character of the
area, infrastructure, transportation and Town
services that must be examined.
E.
Although the Update recommends "consideration for
more intensive residential, resort and waterfront development further
to the east and southeast of the hamlet center in connection with
transfer of development rights (TDRs) to preserve Pine Barrens and
farmland," it does not contemplate the cumulative environmental impacts
that may occur from the full buildout of the large residentially zoned
tracts, nor does it fully contemplate the use of incentive zoning
techniques to create planned development districts (PDD) and other
transfer of development right scenarios, which inevitably result in
the intensification of development and density within and around the
hamlet center.
F.
Incentive zoning provisions, while a crucial tool
in accomplishing the Town's goals and objectives, such as providing
housing that is affordable to a range of incomes, preserving historic
buildings and structures, conserving open space and natural resources,
and creating greenbelts and parks, which identify and define the East
Quogue community, cumulatively create a demand on Town services and
have a greater potential for environmental impacts which need to be
examined in this uniquely sensitive hamlet.
G.
In order to respond to this need, approximately 4,182
acres within the boundaries of East Quogue ("the study area") shall
be analyzed through a Hamlet Study and accompanying generic environmental
impact statement (GEIS). Phase I of this effort will look at the potential
cumulative land uses and impact thresholds for the East Quogue study
area. It is the purpose of this phase to develop and evaluate land
use alternatives in the context of potential cumulative environmental
impacts. This evaluation will identify potential areas of impacts,
alternatives that could reduce impacts, and mitigation measures. Phase
II is the preparation of a generic environmental impact statement
that would evaluate a selected alternative under the State Environmental
Quality Review Act (SEQRA). That analysis would be a comprehensive
evaluation of a land use proposal for the areas, with the assessment
of all cumulative associated impacts, a consideration of alternatives,
and presentation of mitigation measures.
H.
While this study is being conducted, the Town shall
impose a twelve-month moratorium for the East Quogue study area to
address specific areas, including but not limited to: the examination
of Central Pine Barrens critical resource areas, developments of regional
significance and receiving areas as well as the potential use of Pine
Barrens credits/TDRs; fiscal impacts of developments and increased
density proposals on School Districts, transportation issues, potential
impacts on designated source water recharge areas, public well sites,
primary recharge zones for well sites; preservation of greenspace/greenways
between hamlet centers to preserve community character; trail/bridle
path systems; wildland/urban interface issues, including firewise
design standards, fuel break standards etc.; reclamation/reforestation
of sand and gravel mines; roadside beautification projects, street
trees; Weesuck Creek watershed planning, wetland/coastal land preservation
priorities; aviation/runway navigation corridor restrictions, crash
zones, etc.; and stormwater management issues.
I.
The Town's efforts to support sound planning, zoning
and pubic investment in the East Quogue Hamlet Center 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 and GEIS, will continue to contribute to these efforts.
The Town may seek, where appropriate and in accordance with Town Law,
an apportionment of the costs of the GEIS prepared in connection herewith.
As depicted on a map prepared by the Town of
Southampton's GIS Department dated March 8, 2006:
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Beginning at Phillips Creek, the western boundary
of the study area proceeds north, crossing Montauk Highway, for a
distance of approximately 3,100 feet; thence proceeding southwest
along the LIRR right-of-way for a distance of approximately 2,400
feet; thence proceeding north along County Route 104 (Riverhead-Quogue
Road); thence proceeding to the intersection of Lewis Road; thence
proceeding along Lewis Road to its intersection with Sunrise Highway
(SR-27); thence proceeding to the northern boundary of the study area
shown the point of the intersection of Sunrise Highway and Lewis Road,
proceeding east along Sunrise Highway for a distance of approximately
15,500 feet (2.9 miles); thence proceeding south for a distance of
approximately 4,400 feet along the east boundary of the primary study
area by the subdivision map known as "Chardonnay Acres," proceeding
southwest from the intersection of the subdivision map of Southampton
Pines and the Long Island Rail Road for a distance of approximately
1,000 feet terminating at Old Country Road; thence proceeding southwest
along Old Country Road for a distance of approximately 1,900 feet
to the intersection of Emmet Drive and Montauk Highway; thence proceeding
south for a distance of approximately 244 feet; thence proceeding
southwest along the eastern boundary space owned by the Town of Southampton
for a distance of approximately 1,970 feet; thence proceeding southeast
for a distance of approximately 103 feet along the northern boundary
of open space owned by the Town of Southampton to its intersection
with Evergreen Court; thence, proceeding south along Evergreen Court
for a distance of approximately 355 feet ending at its intersection
with Squires Avenue; thence proceeding west along Squires Avenue for
a distance of approximately 167 feet; thence proceeding south along
the eastern boundary of open space that is owned by the Saint Rosalie's
Roman Catholic Church at Good Ground for a distance of approximately
664 feet; thence proceeding south along Josiah Foster Path for a distance
of approximately 1,340 feet to the intersection with Head of Lots
Road; then proceeding east along Head of Lots Road for a distance
of approximately 1,148 feet; thence proceeding south along the eastern
boundary of the open Town-owned open space known as the "Pine Neck
Preserve" for a distance of approximately 2,000 feet; thence proceeding
east for a distance of approximately 710 feet; thence proceeding south
for a distance of approximately 1,150 feet.
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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 approve any application for a change of zone, subdivision, site plan, variance or special exception within the study area defined in § 309-2 during this moratorium. No new applications affected by this section shall be accepted by any agency of the Town of Southampton after the effective date of this chapter, except as provided herein.
[Amended 4-24-2007 by L.L. No. 21-2007; 10-23-2007 by L.L. No. 50-2007; 4-22-2008 by L.L. No. 26-2008]
This chapter shall expire on August 11, 2008.
The following applications are excluded from
this chapter:
A.
Building permits for projects that have received all
necessary approvals prior to the adoption of this chapter.
B.
Routine maintenance.
C.
Minor additions less than 1,000 square feet to existing
structures.
D.
Renovations of existing structures which do not involve
a change of use.
E.
Facade improvements.
F.
Modifications to approved applications which do not
involve expansion of existing structures.
G.
Individual setback and lot line variances.
H.
Permits associated with management or stewardship
aspects of the Community Preservation Project Plan.
I.
A site plan and special exception application submitted
on behalf of a nonprofit museum for educational purposes.
J.
A conservation opportunity subdivision application
for a parcel that has preserved at least 80% of open space for the
preservation of prime agricultural soils.
K.
A subdivision application that has received final
conditional approval from the Planning Board prior to the effective
date of this chapter.
L.
Subdivision applications for three lots or less.
M.
Subdivision applications deemed by the Planning Board to be a transfer of property or resubdivision as defined in § 292-3 of the Subdivision Regulations.
N.
Applications to open development sections connected
with old filed maps.
O.
Accessory apartment applications for single and separate
residential lots or in compliance with the provisions of HO/HC Zoning
Districts.
A.
Applications may be exempted from the provisions of
this chapter, following a public hearing on notice before the Town
Board. Upon such application, the Town Board shall consider:
(1)
The size of the subject parcel;
(2)
The proximity of the applicant's premises to pine
barrens, wetlands, endangered plant and animal species, wildlife and
other similar environmental concerns;
(3)
The extent of the proposed development and/or disturbance
of the applicant's premises;
(4)
The environmental significance, if any, of the applicant's
parcel and the proposed development's impact upon the environment,
including existing transportation resources;
(5)
Compatibility of the proposed development with the
aesthetic resources of the community or with the existing community
or neighborhood character; and
(6)
Compatibility of the proposed development with the
recommendations of the 1970 Mater Plan and 1999 Comprehensive Plan
Update.
B.
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. A grant of an exemption to an applicant's premises shall include a determination of unnecessary hardship and unique circumstances which do not generally apply throughout the study area set forth in § 309-2 and a finding that the grant of an exemption will be in harmony with and will not be unduly disruptive to the hamlet study undertaken pursuant to this chapter.
C.
An application under Subsection A shall be accompanied by a fee of $500, 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.