NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Town Board of the Town of East Hampton will hold a public hearing at Town Hall, 159 Pantigo Road, East Hampton, New York, on Thursday, October 6, 2016, at 6:30 p.m., or as soon thereafter as this matter may be heard, to consider comments of all persons regarding a Local Law providing for the temporary suspension of the authority to grant subdivisions and/or site plan approvals for certain properties located on or adjacent to Montauk Highway in Wainscott in non-residential Central Business (CB) or Commercial Industrial (CI) zoning districts, or properties in residential zoning districts currently used for non-residential uses, in order to permit the Town of East Hampton to complete its Wainscott hamlet study and to implement any new land use regulations which may arise therefrom, all as more fully set forth in the text of the Local Law, said Local Law to read as follows:
LOCAL LAW NO. OF 2016
INTRODUCTORY NO. 51 OF 2016
A Local Law providing for the temporary suspension of the Planning Board's authority, pursuant to Chapter 255 ("Zoning") of the East Hampton Town Code, § 274-a of the New York Town Law to grant certain site plans, and Chapter 220 ("Subdivision of Land") of the East Hampton Town Code, and § 276 of the New York Town Law, to grant certain subdivision approvals, for properties located on or adjacent to Montauk Highway in Wainscott in non-residential Central Business (CB) or Commercial Industrial (CI) zoning districts, or properties in residential zoning districts currently used for non-residential uses, in order to permit the Town of East Hampton to complete its Wainscott hamlet study and to implement any recommendations which may arise from the Study.
BE IT ENACTED by the Town Board of the Town of East Hampton as follows:
SECTION I. - FINDINGS AND OBJECTIVES:
The Town Board of the Town of East Hampton has retained consultants to work with Town staff, members of the business community, property owners and other stakeholders to develop a new and workable business and hamlet action plan, as called for in the Town’s 2005 Comprehensive Plan, to meet the future commercial needs of the community in compliance with the goals of the Comprehensive Plan.
The hamlet study area includes properties in the business hamlet areas within the Town, including Wainscott, Springs, North Main Street East Hampton, Amagansett, Montauk Downtown and Montauk Dock areas. Zoning within these areas include Residential (B, A & numbered A), Neighborhood Business (NB), Central Business (CB), Commercial Industrial (CI), Commercial Service (CS), and properties within such districts with Affordable Housing Overlays (AHO) and Limited Business Overlays (LBO).
However, the Wainscott hamlet area, particularly along the Montauk Highway corridor, experiences extremely high traffic volumes which are significantly higher than the other hamlet study areas, due in large part to Montauk Highway in Wainscott being the primary entrance into the Town of East Hampton. As a result of these exceptionally high traffic volumes occurring on Montauk Highway, neighboring residential neighborhoods to the north and south of the highway are impacted, as motorists seek alternate routes through these residential districts in order to avoid the heavy to gridlock traffic conditions along Montauk Highway. Many of these residential streets are not designed for high volumes of traffic and when used as by-passes, place pedestrians in danger. Development of properties along the highway corridor may exacerbate the situation. The Hamlet Study is anticipated to provide, among other recommendations, potential changes to the Town Code which may result in changes to the use tables and/or design specifications for properties within hamlet areas.
With regard to the Wainscott hamlet, anticipated recommendations include plans for a walkable hamlet center that is internally focused rather than sprawled along the Montauk Highway corridor. In this regard, Wainscott is unique. Amagansett, East Hampton and Montauk have clearly defined historic hamlet centers. Springs contains a number of small commercial nodes and residents of that hamlet have indicated that consolidation of commercial development is not appropriate for Springs. Commercial development in Wainscott is currently stretched along the highway and automobile focused, thus adding to traffic impacts created by the hamlet’s westernmost location. The Wainscott hamlet charrette workshop revealed a great potential for transforming the Wainscott commercial area to remedy this situation while creating a traditional style hamlet center.
It is anticipated that the study will contain recommendations that may mitigate traffic impacts, improve motorist and pedestrian safety, and further the quiet enjoyment of surrounding residential properties. However, if development continues along this portion of the Montauk Highway while the study is pending, and the Town is unable to implement recommended changes prior to further approvals being issued, opportunities to improve safety and mitigate traffic and other impacts may be lost. For this reason, the Town Board finds it essential that a moratorium be imposed upon certain development or re-development of non-residential properties with Central Business (CB) or Commercial Industrial (CI) zoning districts, or residential properties (B, A and numbered A zoning districts) used for non-residential uses, along the Montauk Highway corridor through Wainscott, which includes properties south of the Long Island Rail Road between Town Line Road at the west and Hedges Lane and the East Hampton Village Boundary to the east , until such time as the Hamlet Study is completed and its recommendations implemented. Therefore, for a period of one (1) year the Planning Board shall be prohibited from deeming such subdivision and/or site plan applications complete, or proceeding to a public hearing or an approval on such applications.
SECTION II. - CERTAIN REVIEW AND APPROVALS TEMPORARILY PROHIBITED:
Except as otherwise provided herein, for a period of one (1) year from the effective date hereof, the powers and duties of the Planning Board shall be limited as follows:
A. Prohibition on approval of sub-divisions and site plans. With respect to any application for subdivision, or for site plan approval for development, improvement or re-development of properties zoned Central Business (CB) or Commercial Industrial (CI) or residentially zoned properties (B, A and numbered A zoning districts) used for non-residential purposes, and located along either side of the Montauk Highway corridor through Wainscott, and including properties south of the Long Island Rail Road between Town Line Road at the west and Hedges Lane and the East Hampton Village Boundary to the east, the Planning Board shall not be authorized, empowered, or required to do, and shall not do, any of the following:
(1) Grant site plan approval to such application pursuant to Chapter 255 ("Zoning") of the East Hampton Town Code and/or § 274-a of the New York Town Law for any site plan for a non-residential use, which proposes new development upon a parcel, or if expansion is permitted under current zoning, proposes to increase the total area of any existing structures currently approved for and used for one or more non-residential uses, by more than twenty-five (25%) percent of the structure(s) legally existing square footage, if such increase in building area results in an increase in the allowable occupancy of the site.
(2) Grant subdivision approval to such application pursuant to Chapter 220 (“Subdivision of land”) of the East Hampton Town Code and/or § 276 of the New York Town Law for any subdivision of proposing to subdivide any parcel of property zoned Central Business (CB) or Commercial Industrial (CI) or any residentially zoned property (B, A & numbered A) used for non-residential purpose(s).
(3) Determine such application described in (1) or (2) to be complete, or schedule or hold a public hearing on such application.
B. Exemption for site plans and subdivisions which have completed public hearing before the Planning Board and received an approval. The limitations and restrictions imposed on the Planning Board by the foregoing provisions of this Local Law shall not delay, avoid, or invalidate any approval of a site plan or subdivision for which a public hearing has been held and for which approval has been granted under the current provisions of the Town Code.
SECTION III. NEW YORK TOWN LAW SUPERSEDED:
To the extent that any conflict arises between the provisions of this Local Law, the provisions of § 274-a of the New York Town Law, or the provisions of § 276 of the New York Town Law this Local Law shall take precedence over and shall supersede those provisions of the Town Law. This declaration of precedence or supersession is made by authority of the Town's municipal home rule law powers, pursuant to §§ 10 (1) (ii) (a) (14) and 10 (1) (ii) (d) (3) of the Municipal Home Rule Law, § 10 (6) of the Statute of Local Governments, and Article IX, § 2 (b) (3) of the New York State Constitution.
To the extent that any conflict exists between the provisions of this Local Law and certain provisions of the New York Town Law which provide time limitations on the review or processing of applications for site plan approvals or subdivisions which are made or issued by planning board, this Local Law shall take precedence over and shall supersede those provisions of the Town Law. This declaration of precedence or supersession is made by authority of the Town's municipal home rule powers, pursuant to §§ 10 (1) (ii) (a) (14) and 10 (1) (ii) (d) (3) of the Municipal Home Rule Law, § 10 (6) of the Statute of Local Governments, and Article IX, § 2 (b) (3) of the New York State Constitution, and is specifically intended to supersede the the provisions of § 274-a of the New York Town Law, and the provisions of § 276 of the New York Town Law,
SECTION IV. - EXEMPTIONS:
Notwithstanding any other provision of this Local Law, the Town Board may by resolution authorize the Planning Board to grant an application for subdivision or site plan approval, or to deem complete, schedule for hearing, and hear such an application, provided that the following requisites are met:
A. Procedural requirements. The following procedural requirements shall be prerequisite to the grant of an exemption by the Town Board hereunder:
(1) The owner of the land affected shall have filed with the Town Board a written petition specifically requesting exemption from the effect of this Local Law; and
(2) The Town Board shall have held a public hearing on the petition upon at least ten (10) days' prior public notice, which notice shall have been published in the official newspaper of the Town.
B. Substantive requirements. No exemption shall be granted hereunder unless the Town Board shall specifically find and determine, and shall set forth in its resolution granting such exemption, that:
(1) Failure to grant an exemption to the petitioner will cause the petitioner undue hardship, which hardship is substantially greater than any harm to the general public welfare resulting from the grant of the exemption; and
(2) Grant of the exemption, even if the site plan for which exemption is sought is approved, will clearly have no adverse effect upon any of the Town's goals or objectives as set forth in the Town’s Hamlet Study Plan; and
(3) The site plan for which petitioner seeks an exemption is in harmony with the existing character of the Town as a whole and the area of the Town in which the affected land is located, as well as the existing Comprehensive Plan.
SECTION V. - SEVERABILITY:
Should any part or provision of this Local Law be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this Local Law as a whole nor any part thereof other than the part so decided to be unconstitutional or invalid.
SECTION VI. - EFFECTIVE DATE:
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.
DATED: September 15, 2016