With the support of environmentalists, labor, and the Town Board, Councilman Steve Fiore-Rosenfeld’s proposed legislation regarding “big box” stores was unanimously passed at the May 1 Town Board meeting.
This change in the Town Code provides that any new commercial shopping centers of 125,000 square feet or larger would be required to obtain a special permit from the Town Board. The new legislation also provides “green’ building incentives for big-box stores.
“Brookhaven, like most towns on Long Island, developed zoning provisions when no one could have imagined the current trend of squeezing large box stores on smaller and smaller parcels,” said Councilman Steve Fiore-Rosenfeld. “Our current zoning code does not adequately allow for the proper planning of large commercial ‘box’ stores and other commercial centers of 125,000 square feet or more. This type of development has a significant impact on traffic, water usage, sewage disposal, and other environmental and economic issues impacting on our communities.”
“It is critical for the Town of Brookhaven to have control over the establishment of big box stores,” said Supervisor Brian X. Foley. “The impact of such huge stores on traffic, aesthetics and smaller, local businesses that form the heart of our commercial community is enormous. The Town Board will now have direct control over permitting these stores.
“The inclusion of the green building incentives in the law is an important first step as Brookhaven Town moves ahead with improving sustainability and conserving our energy resources. It’s a win-win situation—developers who build to LEED standards will enjoy long-term financial benefits from energy savings, and we all benefit by limiting energy use. We want to make sure that all planning decisions are made using today’s environmental and design standards.”
Bruce W. Both, President of the UFCW (United Food and Commercial Workers) Union Local 1500, stated, “We appreciate the efforts of the elected officials from the Town of Brookhaven who have passed this common sense legislation that will require increased scrutiny of any retail center/development of 125,000 sq. ft. or more.”
An important aspect of the new amendment is a Green Building Incentive whereby the floor area ratio may be increased by one percent for each level of LEED/Green Building standard achieved. LEED (Leadership in Energy and Environment Design) is the standard by which the design, construction, and operation of buildings are judged. In order to earn certification, a building project must meet certain prerequisites and performance benchmarks (“credits”) within each category. Projects are awarded Certified, Silver, Gold, or Platinum certification depending on the number of credits they achieve.
Jessica Helm, Conservation Chair of the Long Island Sierra Club, said, “This bill is an important step towards energy independence and responsible stewardship of the environment.” The Sierra Club quoted statistics from the 2006 Buildings Energy Data Book, U.S. Department of Energy, to explain that commercial buildings in the U.S. account for approximately 20% of U.S. primary energy consumption, and the U.S. consumes approximately 23% of the world’s consumption. Total commercial building CO2 emissions were 28 billion (metric) tons in 2004 and accounted for 52% of the total U.S. sulphur dioxide emissions in 2002.
The adopted change to the Town Code also requires a special escrow permit fee that will allow the Town to hire an outside LEED-certified consultant to review the site plans, inspect the building during the construction stage, and provide a final certification of the LEED level achieved.
Fiore-Rosenfeld concluded, “Large retail chains are seeking to build super-centers, even larger than what currently exists, that not only threaten our environment but can also adversely impact our traditional downtown shopping areas. This long-overdue measure will allow our residents to provide input and become involved in the decision-making process when these special permit applications are presented at public hearings of the Town Board.”
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