Eastport Hamlet Center II

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EMPOA's 10/29/18 email is here.

The 2/4/11 update is at the end and highlighted like this sentence.

KEY FACTS:

SCTM

200-686-1-11 and 25.4

Acres

13.2 acres

Current zoning

A-1 Residence except for approximately 1 acre of J2-Business

Historic District status

The site is within the Historic District and the Transitional Zone. A band of varying widths but roughly 100 feet wide along Eastport Manor Road and Old Montauk Highway is within the Historic District.

School District

Eastport-South Manor

Brookhaven log #

2006-021-CZ

Application

For a change of zone to J Business 6, Main Street Business District

Proposed use

60,000 sq. ft. of retail and 15,000 sq. ft. of office space is to be in 5 buildings,

Hearing date

The Town Board denied the application at its Tuesday, January 25 meeting.

Applicant's attorneys

Tim Shea, Certilman Balin

To view documents with Google Docs, click on the links in the text below.

To view with a pdf reader or in your browser, or to download, uploaded documents on this application, click here, but for documents on the original application, click here.

Below is a portion of the latest plan with colors added to help

identify the location of exisiting and proposed buildings and buffers.

Originally, the developer sought to rezone this property to PDD, Planned Development District, and presented a plan for 78 residential units and 75,000 sq. ft. of retail space. Its May 2009 conceptual plan showed intensive use of the property, although the 2008 traffic study concluded there would be no adverse impact. The application was scheduled for hearing on December 8, 2009, but on November 8, 2009, the developer requested an adjournment in order "to address the many of the issues raised". For detailed information on the prior application, documents pertaining to it and news articles, click here.

An amended application was filed June 15, 2010, and requested J-6 Business District zoning rather than PDD. An Environmental Assessment Form was filed with it. The residential units were eliminated; the application asked that 60,000 square feet of retail space and 15,000 square feet of office space be approved. The revised conceptual plan shows noticeably more open space and better protection of the existing residences. You may view a version of the plan with colors added to more easily see the location of the buildings and buffers. The developer has also filed a conceptual building elevation, that is, a graphic showing what one building may look like.

According to the EAF, of the existing wooded 13 acres, 3 acres will remain wooded; buildings and paved surfaces will cover 8 acres; and 1/2 acre will be landscaped. Buildings will reach 35 feet in height. There are to be 460 parking spaces, and the project would generate approximately an additional 300 vehicular trips per hour on local roads at the peak (projected for Saturdays). Public water and on-site septic system for 2,700 gallons per day are specified. 2 phases of construction are anticipated.

The EAF states that the present zoning would allow a maximum of 12 single family houses and 7,800 square feet of commercial space based on the existing A-1 Residential and J-2 Business zoning. This is depicted on the filed Yield Map.

Other Proposed Major Changes

Simultaneously, a change to J-6 zoning is being sought on the next block for the "Commons at Eastport", and shown in this aerial

Click image to enlarge. For a full size pdf, click here .

Information on the Commons is here. All the potentially major changes being sought in the area are described here.

Potential Uses

A change of zone does not limit uses to the concept that is presented to support the change. Once property is zoned J-6, the Town Code says what the property can be used for. When an application for site plan approval is submitted to the Planning Board, it reviews the proposed plan to see that the proposed uses are within the Code. According to the Town Code:

"Main Street Business Districts will be designated in those long-established downtown areas, central business districts, and/or main street areas, and existing or planned future adjacent areas that have commercial and/or mixed-use development with a storefront character. Main streets are designed to give priority to pedestrians and provide transit service, when available." (Town Code, §85-268.B.)

The following uses are allowed in J-6:

A. Retail sales and/or personal service stores.

B. Restaurant.

C. Office(s).

D. Bank with or without accessory drive-through facility.

E. Bar/tavern/night club.

F. Live performance - community theater.

G. Museum or nonprofit cultural centers.

H. Artist studio.

I. Billiard hall.

J. Indoor recreation.

K. Health club.

L. Non-degree-granting or recreational schools, including self-defense, dance, swimming, gymnastics and similar instruction/programs, except those associated with manufacturing or truck delivery.

M. Churches or similar places or worship, libraries or municipal buildings or municipal uses.

N. Second story of building restricted to residential or office use.

O. Community movie theater.

Even more uses are allowed if the Town Board gives a special permit:

P. Hotel.

Q. Assembly and social recreation hall.

R. Third story of building restricted to residential use.

S. Private or public automobile parking field or garage for automobiles and commercial vehicles with a gross vehicle weight rating of less than 10,000 pounds

T. Funeral homes (undertaking establishment).

U. Day care (in accordance with § 85-396).

V. Veterinarians.

1/25/11 Hearing

More than a dozen residents spoke against the application. Many spoke of the rural, bucolic character of the area, saying that the scale and additional density would be out of character for the area.

When testimony was completed, Councilman Dan Panico made a motion to deny the application. Supervisor Lesko asked the other Board members to abstain so that there could be exploration of whether the applicant would be willing to give a benefit to the community in exchange for zone change. This application and prior variations of it have been under discussion for 5 years, and the applicant has not offered such a benefit.

On the vote, Councilpersons Fiore-Rosenfeld, Bonner, Walsh and Mazzei supported Councilman Panico's motion. Supervisor Lesko and Councilwoman Kepert abstained. The Town Board's resolution states simply that the "application for a change of zone is denied."