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Sep 5, 2012 8:36 AMPublication: The Southampton Press

Study Says Fresh Market Would Not Cause A Significant Impact On The Environment Or Traffic

Sep 5, 2012 10:56 AM

Southampton Village may be one step closer to having a Fresh Market grocery store at the intersection of Hampton and Flying Point roads, within sight of the busy merge of Montauk Highway and County Road 39.

A study by Nelson, Pope and Voorhis, an engineering consultant firm hired by Southampton Village, found that a change in the zoning code to allow supermarkets on certain parcels in the highway business district on a special permit basis would not cause a significant impact to the environment or to traffic, locally or regionally.

The study was the last piece village officials needed to complete before putting legislation enacting the zoning code change before the Village Board.

If the board approves the new law, members of the Glennon family, who own a 68,950-square-foot property in the village’s eastern corner and are hoping to build and lease to Fresh Market, could apply to do so. According to the firm, the Glennon property could accommodate a 17,233-square-foot supermarket. The proposed law, if approved, would require individual applicants to provide their own studies and go through the various village regulatory boards to get approval.

The Village Board has broad power to deny a special exception application if granting it would be contrary to public health, safety or welfare.

The Nelson, Pope and Voorhis analysis looked at seven sites along County Road 39 and Flying Point Road, with a minimum lot size of 60,000 square feet, or 1.38 acres, in order to assess potential adverse environmental impacts and their magnitude.

The Village Board first introduced legislation to change the zoning code to allow for supermarkets in the business district last October. A month later, it was revealed that the Glennon family had already signed a deal with Fresh Market to build a grocery store on the property at 630 Hampton Road, a former automobile dealership, and that the legislation was prompted by the Glennons reaching out to village officials with a desire to build the supermarket.

According to the analysis, the seven parcels in the study lack “environmental sensitivity” that would warrant further study. For instance, the areas are flat, the soil is well-drained, there are no wetlands near any of the parcels, and all parcels are served by public water and public utilities.

A July 2009 State Department of Transportation volume count determined that the average daily traffic for the portion of County Road 39 between David White’s Lane and Hampton Road is 22,600 vehicles per day. The study acknowledges that County Road 39 is an arterial highway but estimates that a supermarket would result in significantly less traffic during Saturday peak hours than a drive-in restaurant.

The Glennon property, if transformed into a Fresh Market, may warrant construction of a center turning lane on Hampton Road to allow left turns onto the site, according to Nelson, Pope and Voorhis. And although traffic may not be as voluminous as a drive-in restaurant, like a McDonald’s, for example, traffic would increase.

“The site has access for traffic to and from all directions, although some movements will require adding traffic volume to the signal-controlled intersection,” the study concluded.

Southampton Village Mayor Mark Epley said that a public hearing on the proposed zoning amendment would close to public comment on Thursday, September 13, during a board meeting. He said the board would either make a decision that night or at future meeting, with the advice of Village Attorney Richard DePetris.

“I think this is a good thing and a good use of the property,” Mayor Epley said of the Glennon parcel. “There are parts of County Road 39 in the town and the village that are not good uses for supermarkets, but that’s why the special permit process is important to go through. That way the boards can look at opportunities here and decide if that’s the right thing or wrong thing for the area.”

The study also compared the different land uses, maximum yields for water use, sanitary flow, solid waste and parking requirements for other uses in the highway business district, including medical arts, offices, restaurants, drive-in restaurants and banks—all of which are permitted under current zoning. According to the analysis, supermarket water and sanitary use would be significantly lower than other uses, and solid waste estimates indicate that a supermarket would generate more than office and restaurant uses, but less than a drive-in restaurant. A 20,000-square-foot supermarket would require more parking spaces than medical arts, restaurant and drive-in restaurant uses, but would require fewer parking spots than an office or bank, the study said.

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A clean new building and site as you leave and enter the village. Many new jobs and a competitive market place with variety. Increased tax revenue from the property comparied to the existing building and previous tax role. Traffic is always an issue here all year round it seems, so what’s the difference. I do not see anything wrong with it.
By Common Scense (24), Southampton on Sep 5, 12 9:30 AM
Emperor Epley has spoken. Start digging the hole!

The NYS traffic data is over 3 years old. An updated traffic study MUST be ordered!

You can't make this stuff up . . .

Fiddle Fiddle Fiddle!
By Nero (301), Sag Harbor on Sep 5, 12 10:04 AM
Start digging tomorrow-I shop at a Fresh Market in Fla and would love to see one here by the time I get back in May
By EastEnd68 (888), Westhampton on Sep 5, 12 10:29 AM
1 member liked this comment
I've grown weary of these consultants...
By Toma Noku (616), uptown on Sep 5, 12 10:32 AM
1 member liked this comment
Get it done!
By rjhdad (73), southampton on Sep 5, 12 11:14 AM
In the history of the town, did a consultant ever file an impact study or traffic report that did not validate the point of view of the developer or govt entity that paid for it? The county is now widening Co. Rd 39 to move the East End's worst bottleneck right to the doorstep of the new supermarket, and still this project, like everyone before it--regardless of size-- will have "no significant impact."
By GlassHouses (64), anywhere on Sep 5, 12 11:19 AM
4 members liked this comment
The fact of the matter is that a proposed change like this won't have a significant environmental impact. Look for yourself through the regulations of SEQRA and you will see that there are certain thresholds which determine what will cause a singificant environmental impact. With respect to changes of zoning codes, the change of zone must affect 25 acres or more for it to be a Positive Declaration under SEQRA which would require further analysis under either a Part III Environmental Assessment ...more
By Nature (2966), Hampton Bays on Sep 5, 12 12:00 PM
Nature, I agree that it will have a cumulative effect.

This place has begun to look more and more like Nassau County with each passing year. That's the problem with "humanity". It can't leave "paradise" well enough alone, it has to exploit it until there is nothing left to tarnish, fleece, capitalize, abuse, or "cash in on". You can murder a place, just like a human. The only difference is that what you take is a place's character, not another life.

Call someplace paradise, ...more
By Mr. Z (11847), North Sea on Sep 5, 12 4:50 PM
1 member liked this comment
"The Village will probably never do one because their section of CR39 is relatively small." Nature

Relative to what? The portion of CR39 that is within the Village is larger than the portion that is not, so tell me what "their" section is relatively small compared to?
By ICE (1214), Southampton on Sep 11, 12 10:27 AM
Relatively small in comparison to the amount of land/acreage/mileage of typical land use plans created by/for local municipalities.

These studies come at a great expense and if the results can be achieved through other means, then there is no reason to do a LUP. Sorry I wasn't more clear
By Nature (2966), Hampton Bays on Sep 16, 12 6:50 PM
The village needs a traffic study to prove viability. They hire a traffic study firm to develop a study that will prove viability.
By witch hazel (224), tatooine on Sep 5, 12 11:52 AM
"The Nelson, Pope and Voorhis analysis looked at seven sites along County Road 39 and Flying Point Road, with a minimum lot size of 60,000 square feet, or 1.38 acres, in order to assess potential adverse environmental impacts and their magnitude."

What were these 7 sites and how are they considered valid for comparison.
By witch hazel (224), tatooine on Sep 5, 12 11:53 AM
They are valid for comparison because they are all at least 60,000 square feet in size with the same zoning. The proposed change to the zoning code could be used on any of these 7 sites, not just the Glennon site.
By Nature (2966), Hampton Bays on Sep 5, 12 11:56 AM
Another outdated traffic study? Conducted in early February during a snowstorm? Guess the Village found another Consultant who will write whatever they are told. Can we get some fast food at that intersection for all the hungry people stuck in traffic? Put it on the island there & get them coming & going!
By G (342), Southampton on Sep 5, 12 1:20 PM
And who owns the other sites? Smoke and mirrors re: this site could hiding something? Hmmmmmm . . . .
By Nero (301), Sag Harbor on Sep 5, 12 1:20 PM
Not sure what you are getting at, but if you want to know FOIL it
By Nature (2966), Hampton Bays on Sep 5, 12 1:34 PM
Good news. Now they can tell Morrow no on his Tuckahoe megamall
By progressnow (556), sag harbor on Sep 5, 12 1:41 PM
What does one have to do with the other?
By Nature (2966), Hampton Bays on Sep 5, 12 2:05 PM
Because you say so? What is the difference between the two? Anyone who has driven through this intersection knows that the traffic study is BS. As bad as that intersection is now, it is not going to get worse with a grocery store there? Please. The village wants it and the people they hired say it will be ok. The village spent your tax dollars to further their agenda. Surprise, surprise.
By dnice (2346), Hampton Bays on Sep 5, 12 3:48 PM
2 members liked this comment
A lot of people were convinced that the opening of a Whole Foods Market in EH for the summer on Montauk Highway (which wasn't even at an intersection, let alone a stop light) would result in a traffic nightmare. All the times I drove by there it was no worse than it normally would be and I know of no serious accidents as a result of it.

Have you read the report that you claim is BS? Do you understand that the current zoning allows business at that intersection that have their own level ...more
By Nature (2966), Hampton Bays on Sep 5, 12 4:13 PM
1 member liked this comment
Sorry Nature, my comment wasn't directed at you but at progressnow. I agree with you that one has nothing to do with the other. I'm all for both opening to be honest with you. I get irritated that the study "proves" that traffic is ok there but not by pc richards. Politics.
By dnice (2346), Hampton Bays on Sep 5, 12 6:49 PM
What does one have to do with the other? How many grocery stores would you like to see built on CR39, Nature?
By dagdavid (646), southampton on Sep 5, 12 8:44 PM
One is in a village - the other is in a Town. Different Boards making different Decisions. Additionally, this story is about the Town possibly making a change to existing zoning which would allow for someone to seek a special permit allowing a grocery store. The other is a PDD - which is completely different.

Also, the "free market" has some say. Just because a grocery store exists in the Village on CR39 doesn't mean there isn't a market for another one. I'm not advocating for it, but ...more
By Nature (2966), Hampton Bays on Sep 5, 12 9:27 PM
The tuckahoe mega- mall is not a pdd and has not been for some time. It is a spot-zoning request. You are advocating for development based on want and convenience, not need and that is a slippery slope

When a town board grants spot-zoning requests based on nothing more than traffic studies and a hunger for convenience, that has nothing to with the free market.
By dagdavid (646), southampton on Sep 6, 12 9:32 AM
You're right - the PDD plan was dropped and have since sought a COZ. Regardless, my comments stay the same. One doesn't have anything to do with the other - especially since they are in different jurisdictions. The Town and the Village both have veto power on these projects and that veto can come from the voices of the people - that same free market that could choose to support these businesses if they are erected.

The free market comes into play because if the grocery stores are built ...more
By Nature (2966), Hampton Bays on Sep 6, 12 10:39 AM
Oh, and if we are going to get techincal dagdavid, the Tuckahoe mega mall as you call it is anything BUT mega. In its present iteration, it could barely pass muster as a strip mall. But I guess it's fun to scare people with terms like "mega-mall"
By Nature (2966), Hampton Bays on Sep 6, 12 10:40 AM
2 members liked this comment
The Tuckahoe Mega Mall is 60,000 square feet of grocery store and retail space. That's not "mega"? It's present iteration is basically unchanged from the PDD plan as the developer simply gave up on the residential zoning. Beyond a misinterpretation of the term "free market" you have not made a compelling argument for need.

You're right, in the end the power is in the hands of the village and the town boards who may or may not choose to allow the donor voices to drown out the voices ...more
By dagdavid (646), southampton on Sep 6, 12 10:54 AM
60,000 square feet is smaller than your average big box store or home improvement store. There are homes larger than 60,000 square feet in the Town of Southampton. There are zoning districts within the Town of Southampton that require single family dwellings to be on parcels no smaller than 120,000 square feet.

Here's a list of buildings/strip retail centers of similar or larger sizes within Southampton:

Hampton Jitney/Gym on CR39: ~55,000 square feet
Macys/Panera/Bank/Petco ...more
By Nature (2966), Hampton Bays on Sep 6, 12 11:17 AM
2 members liked this comment
This comment has been removed because it is a duplicate, off-topic or contains inappropriate content.
By progressnow (556), sag harbor on Sep 6, 12 1:31 PM
The commons is the mall of the Hamhocks. I could go for a Ham Shank right now! Mega, Mega, Mega HAM SHANK!
By ICE (1214), Southampton on Sep 11, 12 10:34 AM
We need both a Fresh Market and the Morrow Mall-two very different things at different locations. 39 should be one big shopping center-Progress
By EastEnd68 (888), Westhampton on Sep 5, 12 4:30 PM
way to go!!!!!
We MUST support our local farmer...is nothing healthier than eating fresh products....at the same time we are HELPING the local economy!!!!!
By Bel (86), southampton on Sep 5, 12 4:39 PM
In another study, many east enders whined about the possibility of adding a USEFUL new store to the area, and called for the continued support of shopping at "local" over priced stores. the study also showed that these people do not want to participate in the 21st century, and wish to return to the days of horse and buggy.
By louse pt. (143), springs on Sep 5, 12 4:58 PM
1 member liked this comment

When persons commercialize, and exploit what was once a peaceful, bucolic, wide open place to live, and grow up, THAT'S FOUL and you should EXPECT people to take exception to it.
By Mr. Z (11847), North Sea on Sep 6, 12 3:21 AM
2 members liked this comment
FRESH MARKET! What would they let in next? The town will definitely go down hill from here!!!
By kpjc (161), east quogue on Sep 5, 12 8:13 PM
The consultant's logic is bad. Just because these parcels are served by public utilities does not mean they are environmentally insensitive. Bottom line is if these parcels are rezoned, the following happens: more fish die, recreational value of the bays declines, quality of life declines, and so on. JUST SAY NO!
By deKooning (106), southampton on Sep 6, 12 9:56 AM
You state: Bottom line is if these parcels are rezoned, the following happens: more fish die, recreational value of the bays declines, quality of life declines, and so on.

What is that based on?

The parcels are NOT enviromentally senstive. They don't contain wetlands, they don't contain habitat for endangered/threatened/special concern species. They are currently zoned for commercial uses. The point of the consultants analysis is to demonstrate that making a change to the zoning ...more
By Nature (2966), Hampton Bays on Sep 6, 12 10:36 AM
any action that increases the loading of nitrate into Mecox Bay is SIGNIFICANT
By deKooning (106), southampton on Sep 6, 12 1:49 PM
How do you know it will increase the loading of nitrate into Mecox Bay? It's not like the parcels are zoned for lemonade stands.

Please enlighten me how this proposed change to the zoning code will have an enviromental impact that's MORE adverse than what the current zoning allows. You'll get bonus points for citing actual case law, SEQRA law, etc.
By Nature (2966), Hampton Bays on Sep 6, 12 2:18 PM
I think we need a Supermarket! not a 17,233 square feet { Market } the village has 2 small market's now. Have we looked at all the parsels in the village and on county road 39 for a real Supermarket? Let's start to look out of the BOX.
By org2000@optonline.net (2), Southampton on Sep 6, 12 3:15 PM
2 members liked this comment
That was the point of the KK in Tuckahoe - but the residents were vehemently against it. The Village/Town can't pick and choose who wants to come and open up shop
By Nature (2966), Hampton Bays on Sep 7, 12 3:32 PM
That's right, Nature, the residents were and are vehemently against the Tuckahoe Mega-Mall. The village/town cannot simply pick and choose and I am surprised that you would grant them such autonomous rights. They serve to represent their constituents not to destroy our community with spot-zoning approvals that go against their own studies and master plans.

You are advocating on behalf of development without bothering to identify any need, just like the developers themselves. Spot-zoning ...more
By progressnow (556), sag harbor on Sep 8, 12 11:22 AM
Did you lock the gate behind you?
By Phadreus1340 (144), Southampton on Sep 8, 12 12:00 PM
1 member liked this comment
I'm not promoting any development. My point is that the Town/Village can't say "well, we prefer Whole Foods to King Kullen". The only power the Town/Village has is to approve the structure/site plan/zoning.

I am against spot zoning and the Village is doing the right thing to avoid spot zoning. The Town has yet to make a decision on Tuckahoe (not so mega, megamall) and it is clear that the voice of the people has played a big role in that project.

Also, it's a shame I never ...more
By Nature (2966), Hampton Bays on Sep 8, 12 1:02 PM
1 member liked this comment
"They serve to represent their constituents" I spit my drink all over my keyboard when I read this. What a laugher.

By dnice (2346), Hampton Bays on Sep 9, 12 11:14 AM
I tried to leave a link for you to follow, but forgot that is not allowed. Look for a site entitled no tuckahoe mall and you will fine plenty of well-thought-out reasons to oppose the mega mall including a stunning real world size comparison.
By progressnow (556), sag harbor on Sep 9, 12 1:52 PM
I agree, dnice, they DO NOT serve or represent their constituents especially when developer contributions weigh more than community opposition.
By progressnow (556), sag harbor on Sep 9, 12 1:53 PM
I'm not in SUPPORT of the tuckahoe project - but I'm certainly against calling it a megamall which is really disingenuous
By Nature (2966), Hampton Bays on Sep 9, 12 2:47 PM
1 member liked this comment
Counting down to when I can leave this zoo.
By lazymedic (100), southampton on Sep 7, 12 5:05 PM
1 member liked this comment
Recession set me back more than a few years. So much for a continuing education...
By Mr. Z (11847), North Sea on Sep 9, 12 6:25 AM
Here is a idea!
Lets put the Fresh Market or a Whole foods in place of the Stop & Shop in Hampton bays and put the Section 8 homeless shelter at Flying Point Rd.

There now everyone should be happy problem solved.
By They call me (2826), southampton on Sep 11, 12 6:29 PM
they call me (204) you are a card! Ha Ha. as for lazy medic what a name counting down to when u can leave? ah but maybe the lazy medic has left by now maybe he stuck out his thumb and pulled over a interesting criver headed west.
By summertime (589), summerfield fl on Sep 12, 12 7:41 PM