East Hampton Town Board              Carole Brennan

              159 Pantigo Road              Telephone:

              East Hampton, NY  11937

 

East Hampton Town Board meeting of June 12, 2018
East Hampton, New York

 

 

I.              Call to Order

10:00 AM Meeting called to order on June 12, 2018 at Montauk Firehouse, 12 Flamingo Avenue, Montauk, NY.

 

Attendee Name

Present

Absent

Late

Arrived

Councilwoman Kathee Burke-Gonzalez

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Councilman David Lys

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Councilwoman Sylvia Overby

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Councilman Jeffrey Bragman

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Supervisor Peter Van Scoyoc

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II.              Public Portion

III.              Topics

A.              Request to re-route Emergency Access Trail at Eddie Ecker Park - David Lys

B.              Manor House - Tom Ruhle

IV.              Liaison Reports

V.              Resolutions

 

RESOLUTION:              2018-713

CATEGORY:                            Appointments

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Town Attorney

Provisionally Appoint David Betts Town Code Compliance and Emergency Management Administrator

 

WHEREAS, the Suffolk County Department of Civil Service has carefully reviewed the duties and responsibilities of the Town Director of Public Safety position and has determined that the position should be reclassified to the position of Town Code Compliance and Emergency Management Administrator; and,

 

WHEREAS, there is no current eligible list for the position of Town Code Compliance and Emergency Management Administrator; and

 

WHEREAS, David Betts is eligible for provisional appointment to the reclassified title; now therefore be it

 

RESOLVED, that effective retroactively for June 11, 2018, David Betts is hereby provisionally appointed to the position of Town Code Compliance and Emergency Management Administrator; and be it further,

 

RESOLVED, that Mr. Betts salary, benefits and work hours shall remain unchanged in his new provisional appointment.

 

RESOLVED, that a copy of this resolution be forwarded by the Town Clerk to the appropriate personnel.

 

RESOLUTION:              2018-714

CATEGORY:                            Local Law

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

Adopt Local Law - Extend Moratorium Wainscott Hamlet Business Properties

 

WHEREAS, a public hearing has been held by the Town Board of the Town of East Hampton on May 17, 2018, regarding a Local Law providing for the extension of the temporary suspension of the Planning Board's authority, pursuant to Chapter 255 ("Zoning") of the East Hampton Town Code, Section 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

Section 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 ("Moratorium"), 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; and

 

WHEREAS, the Town Board has considered the comments of all persons regarding this Local Law, both as submitted in writing and as presented orally at the public hearing; and

 

WHEREAS, the Suffolk County Planning Commission has had opportunity to review the local determination for more than 30 days and has not issued a determination thus making it a local determination; and

 

WHEREAS, the Town Board has considered the comments of all persons regarding this Local Law, both as submitted in writing and as presented orally at the public hearing

 

WHEREAS, the adoption of a moratorium is a Type II action pursuant to Section 6179(c)(30) of the regulations of the State Environmental Quality Review Act (SEQRA);   

 

NOW, THEREFORE, BE IT RESOLVED, that the said Local Law is hereby enacted to read as follows:

LOCAL LAW NO.      OF 2018

INTRODUCTORY NO.      OF 2018

 

A Local Law providing for the six month extension from the expiration date of a  moratorium originally enacted November 17, 2016, 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 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, and such work has been ongoing and completion of the hamlet studies are expected within the coming months.  Recognizing the Montauk Highway corridor in Wainscott Hamlet as the hamlet which experiences the highest traffic volumes and the potential negative impacts of further development of the Montauk Highway corridor area upon neighboring residential areas under existing zoning, the Town originally enacted a moratorium on November 17, 2016 to allow the Town to complete the hamlet study for the Wainscott area. 

              The hamlet study for the Wainscott area has progressed significantly but is not yet complete, and the Town Board wishes to extend the moratorium for a six (6) month period from the expiration date of a moratorium originally enacted November 17, 2016, in order to allow the hamlet study to be completed and suggested changes to the zoning code arising out of the study area to be considered and implemented by the Town.  Without the ability to further suspend the ability of the Planning Board to approve site plans and subdivisions within the study area, the Town's ability to effectively enact changes intended to mitigate traffic impacts, improve motorist and pedestrian safety and further the quiet enjoyment of surrounding residential properties which are serviced by relatively narrow residential streets, not designed for or suitable as by-passes around highway congestion, will not be attainable. Among the recommendations expected from the hamlet study, plans for a walkable hamlet center that is internally focused rather than sprawled along the Montauk Highway corridor are being developed.

 

SECTION II. - CERTAIN REVIEW AND APPROVALS TEMPORARILY PROHIBITED:

 

              Except as otherwise provided herein, for a period of six (6) months from expiration of 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 a 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 the 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 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:  June 12, 2018                                          BY ORDER OF THE TOWN BOARD

                                                                                    TOWN OF EAST HAMPTON, NEW YORK

                                                                                    CAROLE BRENNAN, TOWN CLERK

 

RESOLUTION:              2018-715

CATEGORY:                            Conference

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Police Department

Training Request PO Notel and PO Alversa

 

WHEREAS, officer personnel of the East Hampton Town Police Department have been attending important training; now, therefore be it

 

RESOLVED, that PO Kimberly Notel and PO Kenneth Alversa are hereby authorized to attend Juvenile Offiers NYS Annual Training Conference sponsored by SNYPJOA to be held at NY Holiday Inn Conference Center, Binghamton, NY from August 26th through August 31st, 2018; now therefore be it

 

RESOLVED, that  Registration Fees, Lodging, Meals, Fuel, Tolls, and all other allowable expenses will be paid from Budget Account B3120.54231 upon voucher(s) properly submitted in an amount not to exceed $2,200.00

Financial Impact:

$2,200.00

 

VI.              Executive Session