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Southampton board hears plan to allow nonprofit shelters to exceed 15,000‑sq‑ft cap
Summary
Town board members heard shelter representatives request a local-law amendment to add nonprofit animal shelters to the list of exceptions that can exceed the 15,000 square‑foot gross floor‑area limit in Highway Business zones; counsel said any larger facility would still need Planning Board special‑exception review and a public hearing.
Shelter representatives asked the Southampton Town Board on Friday to amend a zoning provision so nonprofit animal shelters can build facilities larger than the town’s 15,000‑square‑foot cap for buildings in Highway Business zones.
"We are simply asking that a not for profit animal shelter be included among those exceptions," the shelter’s representative told the board, arguing that modern animal‑care, veterinary isolation, administrative and educational space makes the current limit impractical for a nonprofit shelter.
The request came during a work session where the board discussed drafting a local law to add nonprofit animal shelters as a new item to section 3‑30‑105(k). Counsel said the change would not remove public oversight: any project larger than 15,000 square feet would still require Planning Board review, traffic analysis, design compliance and a special‑exception approval with public notice and comment.
Shelter officer Chris Devasas described the organization as a no‑kill facility that provides veterinary care, training and outreach and said the group is fundraising and completing due diligence on a parcel on Montauk Highway. Devasas also noted recent leadership turnover, saying the executive director submitted a resignation and the nonprofit is preparing a staffing and budget plan for a potential second site.
Town counsel Carl Benacasa summarized the procedural steps the board would take if it wants to proceed: draft the local law amending chapter 3‑30 (adding a new subsection to 3‑30‑105(k) naming nonprofit animal shelter), refer it to the Planning Board and the county for review, and schedule a public hearing. "We would schedule a public hearing for a local law chapter 3‑30 amendment... and we would refer to the planning board, refer to the county, and, you know, go from there," Benacasa said.
Board members asked the town law department to review the proposed language before placing a hearing on an agenda; a hearing date discussed in the meeting would likely be in July. The board did not take a vote on the amendment at the work session.
The board also sought clarification from counsel and staff about change‑of‑use and resale implications: if a shelter built a larger facility for the nonprofit use and later sold the property, the subsequent use would remain constrained by the zoning unless a variance or other approvals were sought.
The board closed the agenda item by asking staff to circulate the draft language and timelines to the board and to the shelter, and to return with details about the Planning Board referral and public‑hearing scheduling.
