Publication: The Southampton Press

Proposed zoning code evolves in Sag Harbor

Jul 14, 08 11:49 AM  
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Save Sag Harbor members Nanette Stavis and Sara Gage hand out stickers, pins
and other promotional items on Main Street Saturday morning after the Sag
Harbor Village Board discussed proposed changes to the village zoning code.
Save Sag Harbor members Nanette Stavis and Sara Gage hand out stickers, pins and other promotional items on Main Street Saturday morning after the Sag Harbor Village Board discussed proposed changes to the village zoning code.

The Sag Harbor Village Board held the most recent in a series of public input sessions on proposed and evolving changes to the village zoning code on Saturday morning, meeting at the unusual time to allow summer residents and weekenders to weigh in on the controversial new provisions.

Since the code’s first draft was released to the public in May, the board has listened closely to the public and made changes in the hopes of pleasing as many residents as possible while maintaining the original goal: protecting Sag Harbor’s lively and diverse historic Main Street and the unique character that separates it from the neighboring villages of East Hampton and Southampton.

The initial plan for the proposed code update was introduced in September, and from the start it garnered heavy criticism from village business owners and landlords, who take issue with limitations to size, location and use of real estate in the business district. If the code is adopted, the business district will be reduced from 23.68 acres to 17.52 acres, and only retail and restaurant establishments will be allowed at street level, with the exception of preexisting businesses. New doctor and real estate offices, banks and similar businesses will be permitted only in an outlying office district, which has been reduced twice since the first draft was released and public input began.

A number of business and property owners have presented a united front in the form of the Sag Harbor Business Association and say the village is trying to take too much control over their interests. The proposed code includes a list of approved uses for each of five districts, including retail, office, residential, waterfront and resort/motel zones.

According to the proposed code, if a preexisting, non-retail establishment closes in the business district and is replaced by a new use, the original use will no longer be permitted as a special exception. Originally, if a property changed from one proposed use to another, the switch would require a site plan review, but the board acquiesced to the village business community and streamlined that process, according to village planning consultant Rich Warren. He said diversity of use on Main Street is essential.

Mr. Warren said on Monday that as long as there are no substantial changes to a business, especially to parking or sewage density, the approval process would be abbreviated and under the purview of the village building inspector. He added that substantial public comment during a series of meetings has led to a number of amendments to the original draft of the code, though Mr. Warren acknowledged that it would be difficult to please everyone in Sag Harbor.

“I would hope they understand our interest is trying to preserve what is in the village,” he said, noting, “Nobody really likes regulations.”

Saturday’s meeting attracted more people than could fit within the small Municipal Building meeting room and attendees spilled out the door. Some sat in the hallway and others lined the walls inside. A majority of those in attendance identified themselves as among the 1,500 members of the community preservation group Save Sag Harbor, which is largely made up of part-time residents and those of Sag Harbor’s outlying school district in Noyac, North Haven and points south, leading to Sunrise Highway and Sagaponack.

One after the other, Save Sag Harbor members spoke in favor of the proposed code on Saturday, congratulating the board and expressing the need for a closer look at size restrictions and legislation to keep big box and formula stores from proliferating in the historic former whaling port.

“The goal of the zoning code is to keep the craziness,” Save Sag Harbor’s attorney Jeffrey Bragman said, adding that Sag Harbor’s current zoning code—adopted in 1984—is outdated, inadequate for the present village and fraught with loopholes that can be manipulated by savvy lawyers for big developers.

Mr. Bragman commended the board for listening to the concerns of the village and responding by changing the proposed code.

“We’re delighted to have a board as nimble and responsive as they’ve been,” he remarked, adding that he would like to see more to stop formula stores, but would not want to slow the process for something that could be revisited later. “The time to act is now,” Mr. Bragman said.

American Hotel owner and member of the SHBA board of directors Ted Conklin as well as a number of other SHBA members left Saturday’s meeting early, after it was clear that SSH members had commandeered the floor. The two organizations have had discussions about their goals relating to the proposed code and while their opinions on certain matters are divergent, it is unclear whether the relationship is strained. Mr. Conklin was not available for comment on Monday, but the hotel proprietor has said the proposed code is “awful.”