East Hampton Town Board              Carole Brennan

              159 Pantigo Road              Telephone:

              East Hampton, NY  11937

Town Board Meeting of April 1, 2014
East Hampton, New York

I.              Call to Order

10:00 AM Meeting called to order on April 1, 2014 at Town Hall Meeting Room, 159 Pantigo Road, East Hampton, NY.


Attendee Name





Councilwoman Kathee Burke-Gonzalez





Councilman Peter Van Scoyoc





Councilwoman Sylvia Overby





Councilman Fred Overton





Supervisor Larry Cantwell





II.              Public Portion

III.              Topics

A.              Bids - Jeanne Carroza

B.              Shellfish Hatchery 2013 Annual Report - John Dunne

C.              RFP For Builders of Two Affordable Lots - Tom Ruhle

D.              Sherrill Foster Farm - Richard Barons

E.              Local Government Efficiency Grant - Consolidation of Services

F.              Culloden Point Beach Stairs

G.              Technical Zoning Changes, Single Family Residences - VanScoyoc

H.              Draft Taxi Legislation - VanScoyoc

I.              Formation of Business Committee - Overby

J.              Draft mass Gathering Law - Cantwell

K.              Capital Plan - Bernard

IV.              Liaison Reports

V.              Resolutions



RESOLUTION:              2014-383

CATEGORY:                            Warrant Approval

SPONSORED BY:              Kathee Burke-Gonzalez

DEPARTMENT:              Town Clerk

Special Warrant- Approval of Claims - FAA - $14,115.71

RESOLVED, that Claims on Special Warrant #SW/FAA, dated April 1, 2014, in the amount of $14,115.71 was audited by the Town Board and the Supervisor is hereby directed to pay same.



RESOLUTION:              2014-384

CATEGORY:                            Local Law

SPONSORED BY:              Sylvia Overby

DEPARTMENT:              Town Attorney

Resolution Setting a Public Hearing to Consider Amending the Town Code Regarding Formula Businesses in the Town of East Hampton


BE IT RESOLVED, that a public hearing is hereby scheduled to be held on a proposed Local Law amending Chapter 255 ("ZONING") of the East Hampton Town Code in order to restrict formula businesses in the Town of East Hampton, as more fully set forth in the text of the Local Law, said hearing to be held at the Town Hall Court Room, East Hampton Town Hall, 159 Pantigo Road, East Hampton, on Thursday April 17, 2014, at 6:30 p.m. or as soon thereafter as this matter may be heard, and said proposed Local Law to read as follows:

                                                        LOCAL LAW NO.      OF 2014

                                                        INTRODUCTORY NO.       OF 2014

              A Local Law providing for the amendment of Chapter 255 ("ZONING") of the East Hampton Town Code to read as follows:


              BE IT ENACTED by the Town Board of the Town of East Hampton as follows:




Established in the 1600s, the Town of East Hampton has a rich history providing a vast array of natural and cultural resources that make the Town’s character unique; thereby creating a highly desirable place to live, work and visit. Large tracts of open space between small hamlet centers provide expansive vistas while maintaining the Town’s historic character. Moreover, established historic districts within the Town provide guidelines and restrictions to maintain the essential character of each district and to maintain the connection with the Town’s rural past.


The Town Board is granted the authority by the State of New York to adopt regulations pursuant to a duly adopted comprehensive plan. These regulations are enacted to promote valid public purposes such as the protection of historic character, community aesthetics, distinctive community character and the maintenance of diverse and vibrant commercial areas. The Town Board established the desire and the importance of maintaining these purposes in its 2005 Comprehensive Plan (the “Plan”).  According to the Plan, adopted on May 6, 2005, the Board established a series of specific goals to preserve and protect the Town’s unique character. Those relevant goals are as follows:


1)              Maintain, and restore where necessary, East Hampton’s rural, semi-rural character and the unique qualities of each of East Hampton’s historic communities;

2)              Take forceful measure to protect and restore the environment, particularly groundwater. Reduce impacts of human habitation on ground water, surface water, wetlands dunes, biodiversity, ecosystems, scenic resources, air quality, the night sky, noise, and energy consumption;

3)              Reduce the total build-out of the Town to protect the natural and cultural features identified in goals one and two; and

4)              Encourage local businesses to serve the needs of the year-round population and reduce the environmental impact of commercial and industrial uses.

5)              Protect historic buildings, hamlets, neighborhoods, landscapes and scenic vistas from incompatible development. Prevent further loss of the Town’s cultural and archaeological resources.

The Town Board finds that proliferation of formula businesses within the Town of East Hampton threaten these valid public purposes listed above and are in contradiction of the goals of the 2005 Comprehensive Plan and the Preservation Goals established in the Town’s historic district guidelines. Specifically, these businesses would erode the Town’s unique historic character by creating a sameness that would dilute our community’s identity. The Town Board finds that promoting unique businesses preserves the Town’s character and benefits the community as a whole.


The Board finds that prohibiting formula businesses within the historic district and within a certain distance of said historic district to be an essential element of maintaining the Town’s unique rural and historic character. The Board finds that some formula businesses may conform to the Town’s character provided the business complies with specific standards as set forth in this law.

SECTION II. - TOWN CODE AMENDED: The Town Code is hereby amended by adding the following language.

§ 255-1-20- DEFINITIONS:



A type of retail sales establishment, restaurant, tavern, bar, or take-out food establishment which is under common ownership or control or is a franchise, and is one of 10 or more other businesses or establishments worldwide maintaining two or more of the following features:


(1) Standardized menu or standardized array of merchandise with 50% or more of in-stock merchandise from a single distributor bearing uniform markings.


(2) Trademark or service mark, defined as a word, phrase, symbol or design, or a combination or words, phrases, symbols or designs, that identifies and distinguishes the source of the goods from one party from those of others, on products or as part of store design, such as cups, napkins, bags, boxes, wrappers, straws, store signs or advertising devices.


(3)  Standardized color scheme used throughout the interior or exterior of the establishment, including, but not limited to, graphics, awnings, signage, and the like visible from the exterior of the structure.


(4)  Standardized interior decor, including, but not limited to, style of furniture, wall coverings, permanent fixtures, displays, window treatments.


(5)  Standardized uniform, including but not limited to aprons, pants, shirts, smocks or dresses, hat, and pins (other than name tags).

§255-5-50. Specific standards and safeguards.


(1)              When making its decision to grant a special permit, the Planning Board shall consider:

a.              The establishment is compatible with existing surrounding uses, and has been designed and will be operated in a non-obtrusive manner to preserve the community’s unique rural and historic character;

b.              The approval of the formula business shall be consistent with the policies, goals and standards of the comprehensive plan;

(2)              In order to be eligible for such permit for a formula business, the following design requirements shall be complied with:

a.              The formula business shall not contain the features or attributes of the formula business except for the service or product;

b.              The formula business shall utilize a unique visual appearance that is consistent with the character of Town and not project a visual appearance that is homogenous with its element in other communities.

c.              The street level frontage permitted for any formula business building shall be a maximum of 65 linear feet.

d.              The maximum gross floor area of a formula business shall be 2,500 sq. ft. The gross floor area shall include the entire area used for the purpose of the formula business, including storage areas.

e.              Only one formula business shall be permitted per building or lot.

§255-11-10. Use Table for Commercial Uses.


A Formula Business, as defined herein, shall be a special permit use in a Central Business District and shall be prohibited in all other residential and commercial districts.


§255-11-88. Additional rules for particular principal and accessory uses.




(1)              Special Permit Required. No person shall construct, commence to use or expand a formula business without first having obtained a special permit after a public hearing pursuant to Article V hereof which specifically authorizes the proposed use.

(2)              A formula business shall be prohibited within any historic district, within half of a mile from any designated historic building and within one mile of any historic district.

(3)              In addition the findings in §255-5-40G, an applicant seeking a special permit shall submit a traffic study with specific information requested by the Planning Board. The Planning Board shall have the authority to waive this requirement.


              This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.


AND BE IT FURTHER RESOLVED, that the Town Clerk is directed to publish a Notice of Public Hearing in the April 3, 2014 edition of the East Hampton Star;


              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, April 17, 2014, at 6:30 p.m., or as soon thereafter as this matter may be heard, to consider comments of all persons regarding the amendment of Chapter 255 ("ZONING") of the East Hampton Town Code in order to restrict formula businesses in the Town of East Hampton.


Any person who wishes to be heard with regard to the proposed local law may appear in person or by agent at the time of the hearing or by correspondence addressed to the East Hampton Town Board, c/o Town Clerk, 159 Pantigo Road, East Hampton, New York 11937, said correspondence to be received before the date and time of the hearing.


Copies of the proposed local law, sponsored by Councilperson Overby are on file in the Town Clerk’s Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m.


Intro. #6 of 2014

This proposed local law amends Chapter 255 (ZONING) of the East Hampton Town Code in order restrict or provide additional review of formula businesses within the Town. This local law is intended to promote unique businesses within the Town and promote the preservation of the Town’s historic character and provide a benefit to the community as a whole.


DATED: April 1, 2014                                          BY ORDER OF THE TOWN BOARD

                                                                                    TOWN OF EAST HAMPTON, NEW YORK

                                                                                        CAROLE BRENNAN, TOWN CLERK

VI.              Executive Session - CPF, Litigation