[HISTORY: Adopted by the Town Board of the Town of Southampton 12-23-2003 by L.L. No. 77-2003.Amendments noted where applicable.]
Editor’s Note: This local law superseded former Ch. 310, Moratorium: Bridgehampton, adopted 8-12-2003 by L.L. No. 60-2003.
The 1999 Comprehensive Plan Update recommended that additional studies be conducted concerning the Town‘s Hamlet Centers. The Plan recognizes that each Hamlet presents different challenges and opportunities. The Comprehensive Plan Update directs that the Bridgehampton Hamlet should be looked at independently with the participation of local business, resident and civic communities. In response, the Town Board has authorized funding for a Bridgehampton Center Hamlet Strategy Study (“Hamlet Study”), hired a consultant to conduct the study and has already directed the consultant to begin the study. The grant of approvals for certain types of development in the study area will be prohibited during the period of time required to complete the study.
The Comprehensive Plan notes that the pressure for retail development is expected to grow in response to new second home development and the growing part-time and year round uses of seasonal homes. Bridgehampton already serves as a regional shopping center and there is increased pressure for even more commercial development within this hamlet. Recently, a number of significant rezoning and redevelopment efforts have been considered within the Bridgehampton Hamlet Center, including two change of zone proposals that have been presented to the public, which encompasses two retail centers that could generate approximately 120,000 square feet of new commercial development. This intensity and concentration of proposed commercial development activity is unprecedented in Bridgehampton and indeed throughout the Town of Southampton.
The Town’s efforts to support sound planning, zoning and public investment in the Bridgehampton Hamlet Center 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, will continue to contribute to these efforts. The increased demand for services, housing that is affordable to a range of incomes, preservation of historic buildings and structures, and the need for additional open space and parks must be balanced with a vision that is defined by the Bridgehampton community. In order to respond to this the need, the Bridgehampton Hamlet shall be studied. While this study is conducted, the Town has already imposed a nine-month moratorium for the Bridgehampton Hamlet Center to address specific areas, including but not limited to:
Changes in the Town Zoning Code with respect to current commercial, residential and industrial zoning;
Prepare design guidelines, in the form of text and illustrations, for the hamlet center that address building location, orientation, landscaping, streetscape improvements, access, parking, signage, lighting and other features as recommended by the Plan;
Completion of a detailed transportation improvement program;
Expand upon the Comprehensive Plan recommendations for a park acquisition or cluster development to preserve open space especially focusing on open space along Corwith Avenue;
Preserve open space buffers and unique historic and architectural features of existing residential and commercial properties and;
Address additional piecemeal development that could create a continuous strip environment that would diminish the area’s remaining scenic hamlet center quality and worsen already difficult traffic conditions.
The Town of Southampton received a draft of the Bridgehampton Hamlet Center Strategy which was prepared by the Town’s consultant. The extension is necessary in order for the advisory committee to review the draft report and make its recommendations to the Town Board.
This moratorium extension of three months will enable the Town to implement the Hamlet Center Strategy by preparing draft code amendments. The priority shall be the preparation of a planned development district for the properties listed in the draft hamlet study as the “Carvel and Surrounding Parcels, Montauk Highway.”
This chapter is adopted pursuant to 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 require the Town Board, Planning Board or Zoning Board of Appeals to accept, process and approve applications within certain statutory time periods.
The provisions of this chapter shall apply to all lands within the Town of Southampton that are zoned CR-80, R-60, CR-40, R-20, OD, RTPDD, SCB, LI-40, HB and VB with the exception of all public and private schools and that are within the boundaries of the Bridgehampton Hamlet Area, as defined as the study area that shall consist of that area, more particularly described as: Beginning at the center point of the intersection of Montauk Highway (State Road 27) and Lake Road just north of Kellis Pond; running thence in a northerly direction 3,000 feet, including the north east shore of Long Pond, then in an easterly direction 4,100 feet, to the intersection of Snake Hollow Road and Mitchell Lane; and then from Mitchell Lane heading directly east 1,200 feet, to Butter Lane and then north east 3,000 feet, to Lumber Lane and Sellentin Road; and then heading in a southerly direction on Lumber Lane 1,450 feet, to the intersection of Lumber Lane and the Long Island Railroad Right of Way; and then at the intersection of Long Island Railroad Right of Way heading in a northeasterly direction 1,200 feet, along the tracks to the intersection of Sag Harbor Turnpike and the Long Island Railroad right-of-way; and then continuing along the Long Island Railroad right-of-way, 1,150 feet until just north of the intersection of Narrow Lane and Norris Lane; and then heading south including the properties to the east side of Norris Lane, 2,550 feet until reaching the intersection of Norris Lane and Montauk Highway (State Road 27); and then crossing Montauk Highway heading in a southerly direction bordering Bridgehampton School, 1,050 feet until reaching the northeast part of William Way and then running along William Way, 750 feet until reaching the intersection of William Way and Hildreth Avenue; and then heading in a westerly direction, 1,700 feet along Hildreth Avenue until reaching Atlantic Avenue (Ocean Road); and then heading in a northwesterly direction along Atlantic Avenue, 1,000 feet until reaching the center point of the intersection of Church Lane and Atlantic Avenue and School Street; then heading along Church Lane, 1,050 feet until reaching the intersection of Church Lane and School Street; and then heading in a westerly direction, 1,050 feet to the intersection of Hildreth Lane and Halsey Lane and continuing, 1,000 feet to the intersection of Hildreth Lane and Montauk Highway (State Road 27) and including all the parcels adjacent to the south side of Montauk Highway (State Road 27) and those parcels adjacent to the parcels bordering those parcels adjacent to Montauk Highway (State Road 27) and in a west-southwesterly direction, 3,850 feet until reaching the westerly service entrance of Bridgehampton Commons; and then heading along the center line of Montauk Highway (State Road 27), 850 feet until reaching the intersection of Montauk Highway (State Road 27) and Lake Road (the starting point).
In addition, the Town Clerk has on file the boundary map of the Bridgehampton Hamlet Moratorium, dated April 4, 2002.
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 § 310-3 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.
This chapter shall apply for a period of three months from the effective date hereof. This chapter shall expire after said three-month period unless and until this time period is extended by the Town Board after adoption of a subsequent local law.
The following applications are excluded from this chapter:
All public and private schools;
Building permits for projects that have received all necessary approvals prior to the adoption of this chapter;
Minor additions less than 1,000 square feet to existing structures;
Renovations of existing structures which do not involve a change of use;
Modifications to approved applications which do not involve expansion of existing structures;
Individual setback and lot line variances.
A site plan and special exception application submitted on behalf of a nonprofit museum for educational purposes.
A subdivision application for a parcel that has already preserved at least 80% of the parcel.
A subdivision application that has received final conditional approval from the Planning Board prior to the effective date of this chapter.
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:
The size of the subject parcel;
The proximity of the applicant’s premises to pine barrens, wetlands, endangered plant and animal species, wildlife and other similar environmental concerns;
The extent of the proposed development and/or disturbance of the applicant’s premises;
The environmental significance, if any, of the applicant’s parcel and the proposed development’s impact upon the environment, including existing transportation resources; and
Compatibility of the proposed development with the aesthetic resources of the community or with the existing community or neighborhood character.
Compatibility of the proposed development with the recommendations of the 1970 Mater Plan and 1999 Comprehensive Plan Update.
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 § 310-3 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.
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.