Department of Environmental Conservation

D E C banner

ENB - Region 1 Notices 10/25/2017

Conditioned Negative Declaration

Suffolk County - The Southampton Town Planning Board, as lead agency, has determined that the proposed 76 Montauk Hwy LLC. will not have a significant adverse environmental impact provided specific conditions are met. There will be a 30 day public comment period commencing with the date of this notice.

The action involves a request for a variance to allow for a 50% expansion of a pre-existing non-conforming use and to grant a certificate of occupancy for a change in one non-conforming use to another, on a 36,673.58 square foot parcel, located in the R-40 Zoning District, within a New York State Archaeologically Sensitive Area. The project is located at 76 Montauk Highway in Westhampton, Town of Southampton, New York.

The conditions are:

  1. The use is to be limited to nine (9) months of operation, and products sold will be produce, seafood, and typical farm stand items as listed in Town Zoning Code §330-79.1 F(2) and listed on the current Certificate of Occupancy dated July 22, 2015.
  2. The use is precluded from the sale of alcohol, tobacco products, firearms, and games of chance (such as lotto). The preclusion of these sales shall be memorialized in a Covenant and Restriction duly filed in the Suffolk County Clerk's Office.
  3. The use is precluded from winterization.
  4. Site Plan Review will be required in connection to the proposed 50% expansion of the farm stand as well as to address improvements to the site, including the expansion of the parking area which were undertaken without prior authorization.

Contact: Matthew Charters, Town of Southampton, 116 Hampton Road, Southampton, NY 11968, Phone: (631) 287-5735.


  • Contact for this Page
  • ENB
    NYS DEC
    Division of Environmental Permits
    625 Broadway, 4th Floor
    Albany, NY 12233-1750
    518-402-9167
    Send us an email
  • This Page Covers
  • Page applies to all NYS regions