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HomeMy WebLinkAboutSH RES 1206, 75, 159, 160-163 Southampton Town Board Sundy A. Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968Fax: (631) 283-5606 4,ad 1 to m�n4''t"w"'"n Janua 24 2019 Honorable Elizabeth Neville Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Elizabeth Neville: Responding to this letter will serve as an acknowledgement of receipt of the attached copies of resolutions adopted by the Southampton Town Board. Please sign this letter and return it to the Town Clerks Office via standard mail, by fax at 631-283-5606 or you may scan and email it bac' to towpcierk@souittiamptontownD . ov- Signature; � -Dae: _ l 4 Please be advised It the Town Board, at a meeting held on January 22, 2019 6:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2018-1206 Adopted as Amended [Unanimous] Resolution of Adoption Authorizing an Amendment to Town Code §330-11A (Accessory Apartments) and Town Code Chapter 270 (Rental Properties) to Provide for Additional Affordable Housing Throughout the Town Town Board Resolution RES-2019-75 Adopted [Unanimous] Notice of Public Hearing to Consider the Adoption of Hampton Bays Waterfront Revitalization Plan Pursuant to New York State General Municipal Law Article 15 Urban Renewal Law Town Board Resolution RES-2019-159 Adopted [Unanimous] Notice of Public Hearing to Consider Amending Town Code §330-109 (Fences, walls, accessory driveway structures, and clotheslines) as it Relates to Retaining Walls for Sanitary Systems Town Board Resolution RES-2019-160 Adopted [Unanimous] Notice of Public Hearing to Consider Amending Town Code §330-62 (Special permit procedure) to Establish Fees for Special Permits in the Special Old Filed Map Overlay District Town Board Resolution RES-2019-161 Adopted [Unanimous] Assume Lead Agency and Adopt Negative Declaration for the Purposes of SEQRA for Proposed Code Amendment to Chapter§330-11A (Accessory Apartments) and Chapter 270 (Rental Properties). Town Board Resolution RES-2019-163 Adopted [Unanimous] Adopt Negative Declaration for the Change of Zone Petition entitled "5 Cedar Lane LLC" (Cromer's Market) Requesting Change From Residential (R-40) to Hamlet Commercial/Residential (HC), Noyac Generated 1/24/2019 Page 1 Southampton Town Board Sundy A. Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 Fax: (631) 283-5606 January 24, 2019 Honorable Elizabeth Neville Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Elizabeth Neville: Responding to this letter will serve as an acknowledgement of receipt of the attached copies of resolutions adopted by the Southampton Town Board. Please sign this letter and return it to the Town Clerks Office via standard mail, by fax at 631-283-5606 or you may scan and email it back to townclerk@southamptontownny.gov. Signature: ____________________________ Date: __________________ Please be advised that the Town Board, at a meeting held on January 22, 2019 6:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2018-1206 Adopted as Amended \[Unanimous\] Resolution of Adoption Authorizing an Amendment to Town Code §330-11A (Accessory Apartments) and Town Code Chapter 270 (Rental Properties) to Provide for Additional Affordable Housing Throughout the Town Town Board Resolution RES-2019-75 Adopted \[Unanimous\] Notice of Public Hearing to Consider the Adoption of Hampton Bays Waterfront Revitalization Plan Pursuant to New York State General Municipal Law Article 15 Urban Renewal Law Town Board Resolution RES-2019-159 Adopted \[Unanimous\] Notice of Public Hearing to Consider Amending Town Code §330-109 (Fences, walls, accessory driveway structures, and clotheslines) as it Relates to Retaining Walls for Sanitary Systems Town Board Resolution RES-2019-160 Adopted \[Unanimous\] Notice of Public Hearing to Consider Amending Town Code §330-62 (Special permit procedure) to Establish Fees for Special Permits in the Special Old Filed Map Overlay District Town Board Resolution RES-2019-161 Adopted \[Unanimous\] Assume Lead Agency and Adopt Negative Declaration for the Purposes of SEQRA for Proposed Code Amendment to Chapter §330-11A (Accessory Apartments) and Chapter 270 (Rental Properties). Town Board Resolution RES-2019-163 Adopted \[Unanimous\] Adopt Negative Declaration for the Change of Zone Petition entitled "5 Cedar Lane LLC" (Cromer's Market) Requesting Change From Residential (R-40) to Hamlet Commercial/Residential (HC), Noyac Generated 1/24/2019 Page 1 Southampton Town Board - Letter Board Meeting of January 22, 2019 Sincerely Yours, Sundy A. Schermeyer Town Clerk Generated 1/24/2019 Page 2 Southampton Town Board Sundy A. Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 Fax: (631) 283-5606 January 24, 2019 Honorable Elizabeth Neville Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Elizabeth Neville: Please be advised that the Town Board, at a meeting held on January 22, 2019 6:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2018-1206 Adopted as Amended \[Unanimous\] Resolution of Adoption Authorizing an Amendment to Town Code §330-11A (Accessory Apartments) and Town Code Chapter 270 (Rental Properties) to Provide for Additional Affordable Housing Throughout the Town Town Board Resolution RES-2019-75 Adopted \[Unanimous\] Notice of Public Hearing to Consider the Adoption of Hampton Bays Waterfront Revitalization Plan Pursuant to New York State General Municipal Law Article 15 Urban Renewal Law Town Board Resolution RES-2019-159 Adopted \[Unanimous\] Notice of Public Hearing to Consider Amending Town Code §330-109 (Fences, walls, accessory driveway structures, and clotheslines) as it Relates to Retaining Walls for Sanitary Systems Town Board Resolution RES-2019-160 Adopted \[Unanimous\] Notice of Public Hearing to Consider Amending Town Code §330-62 (Special permit procedure) to Establish Fees for Special Permits in the Special Old Filed Map Overlay District Town Board Resolution RES-2019-161 Adopted \[Unanimous\] Assume Lead Agency and Adopt Negative Declaration for the Purposes of SEQRA for Proposed Code Amendment to Chapter §330-11A (Accessory Apartments) and Chapter 270 (Rental Properties). Town Board Resolution RES-2019-163 Adopted \[Unanimous\] Adopt Negative Declaration for the Change of Zone Petition entitled "5 Cedar Lane LLC" (Cromer's Market) Requesting Change From Residential (R-40) to Hamlet Commercial/Residential (HC), Noyac Sincerely Yours, Sundy A. Schermeyer Town Clerk Generated 1/24/2019 Page 1 Southampton Town Board - Letter Board Meeting of January 22, 2019 TOWN BOARD RESOLUTION 2018-1206 Item # 7.3 ADOPTED DOC ID: 30701 Resolution of Adoption Authorizing an Amendment to Town Code §330-11A (Accessory Apartments) and Town Code Chapter 270 (Rental Properties) to Provide for Additional Affordable Housing Throughout the Town WHEREAS, the Town Board of the Town of Southampton is considering amending Chapter 330 Article 11A (Accessory Apartments) and Chapter 270 (Rental Properties) of the Code of the Town of Southampton in order to provide additional affordable housing throughout the Town; and WHEREAS, a public hearing was held on December 20, 2018, at which time any and all persons either for or against the amendments were heard; and WHEREAS, the Department of Land Management has advised the Town Board that this proposed local law is considered a "Type II Action" under 6 NYCRR Part 617.5, provisions of the New York State Environmental Quality Review Act (SEQRA) and Chapter 157 of the Town Code, and that no further review under New York Conservation Law, Article 8, is necessary; now therefore be it RESOLVED that Local Law No. 3 of 2019 is hereby adopted as follows: LOCAL LAW NO. 3 OF 2019 A LOCAL LAW amending Chapter 330 Article 11A (Accessory Apartments) and Chapter 270 (Rental Properties) of the Code of the Town of Southampton in order to provide additional affordable housing throughout the Town. BE IT ENACTED by the Town Board of the Town of Southampton as follows: SECTION 1. Legislative Intent. There is a critical need to ensure housing opportunities for income-eligible households within the Town of Southampton in order to sustain the local economy and community services. Regional employers are finding it difficult to retain and hire employees because of the limited availability of affordable housing. Recruiting essential volunteers for public health and safety, fire and EMS is increasingly becoming challenging. While the Town has benefited from increased tourism and second home ownership, income eligible households including senior citizens, health care professionals, teachers, municipal employees, mechanics, shop clerks and many others are being priced out of market rate housing. In addition, as the cost of living increases, the extra-income derived from an accessory apartment is needed to keep many current residents in their homes. SECTION 2. Amendment. Chapter 330 Article 11A (Accessory Apartments) of the Southampton Town Code is hereby amended by deleting the stricken words and adding the underlined words as follows: §330-11.1 Building Permit; Filing fees; approval Generated 1/24/2019 Page 2 Southampton Town Board - Letter Board Meeting of January 22, 2019 \[Amended 4-23-2002 by L.L. No. 7-2002\] A. In order to construct an accessory apartment, the applicant shall apply for and receive a building permit from the Town Building Department in the manner of all other applications for building permits. B. There shall be a minimum filing fee of $100 for each application for an accessory apartment. Where the application entails structural alteration of the dwelling, the applicant shall also pay all other applicable fees as provided under §123-12 of the Town Code. C. In addition to any other standards, codes, rules or regulations which may be applicable to the construction of an accessory apartment, including the New York State Uniform Fire Prevention and Building Code, the Building Inspector shall certify that the special standards of this article have been complied with. D. No building permit for the addition of an accessory apartment which requires structural alterations to the exterior of an existing dwelling shall be issued by the Building Inspector until said application has been approved by the full Board of Architectural Review. E. A rental permit in accordance with Chapter 270 of the Town Code must be issued prior to the occupancy of an accessory apartment. A permit for an accessory apartment shall be valid for a period of three years and shall expire three years from the date of issuance. Accessory apartments may be renewed upon filing of an application and a fee of $100 each time renewed. The one-hundred-dollar application fee shall be waived if the accessory apartment is owner-occupied. The Building Inspector shall conduct inspections of the accessory apartment prior to renewing the permit to ensure compliance with state and local codes. For those accessory apartments receiving building permit approval after January 1, 2019, At at the time of application for a rental permit, the apartment is initially rented to a new tenant or at the time of renewal of the permit and there is a tenant renting the apartment, the owner shall provide a fully executed lease agreement or other documentation to the Building Inspector that demonstrates that the tenant shall meet one or more of the following criteria: that the rent does not exceed the annual Fair Market Rent (FMR) for Suffolk County as established by The Department of Housing and Urban Development (HUD) and that the tenant’s income meets the standards established for low- moderate income or middle income as defined under Chapter 216 of the Town Code. (1) The tenant is the owner or relative of the owner; (2) The tenant is an active member of a volunteer fire department, ambulance corps or the tenant demonstrates a commitment of time on a regular basis to a charitable or not-for- profit corporation such as a hospital, hospice or school within the Town of Southampton; (3) The tenant is employed by the Town of Southampton; (4) The tenant is employed within the Town of Southampton; (5) The owner decides to voluntarily reserve the apartment for low- or moderate-income or middle income housing and this apartment is restricted pursuant to a grant or subsidy from Generated 1/24/2019 Page 3 Southampton Town Board - Letter Board Meeting of January 22, 2019 the federal government, State of New York or other municipal agency to provide low- or moderate-income housing consistent with the intent of this chapter, the Building Inspector may accept such restrictions in lieu of the restrictions set forth in this chapter. § 330-11.2 Special standards. \[Amended 8-22-2000 by L.L. No. 12-2000; 4-23-2002 by L.L. No. 7-2002; 12-23-2003 by L.L. No. 78-2003; 12-13-2005 by L.L. No. 68-2005\] A. Owner occupancy required. The owner or owners of the lot upon which the accessory apartment is located shall reside within the principal dwelling or the accessory apartment, and said dwelling or apartment shall be considered the owner's domicile or principal place of abode. No other owner or owners shall own a larger percentage, collectively or individually, than the owner-occupant. Nothing within this Subsection shall be deemed to apply to lots held in ownership by the Southampton Housing Authority or any not-for-profit agency to which the Southampton Housing Authority transfers title. The exemption of such not-for- profit agency must be approved by the Southampton Town Board, and such exemption will be determined on a lot-by-lot basis. Such required approval shall in no way affect the management of the lot by the Southampton Housing Authority. \[Amended 8-22-2006 by L.L. No. 46-2006; 6-9-2009 by L.L. No. 26-2009\] B. An accessory apartment shall be permitted in a structure that has been issued a certificate of occupancy or a certificate of compliance, or be entitled to the issuance of a certificate of occupancy by virtue of a preexisting status, or is new construction that complies with Chapter 123, Building Construction; Section 164, Fire Prevention; and § 330-5, Definitions: "dwelling, two-family detached" and "accessory apartment." Notwithstanding the above, no permit shall be processed until the lot has a certificate of occupancy for an existing single- family dwelling. C. The lot to which the accessory apartment is to be added shall have only one dwelling unit in existence on the lot at the time of application for an accessory apartment. D. No more than one accessory apartment shall be permitted on the lot. E. No non-conformities or violations of the Town Code shall exist at the time of application for an accessory apartment, except as provided in Subsection below. The Building Inspector shall inspect the premises upon receipt of a completed application, and the application shall not be processed until all outstanding violations are corrected. F. (1) The lot containing the dwelling to which the accessory apartment is to be added shall comply with the district area and dimensional regulations, but in no case shall not be less than 30,000 square feet unless such accessory apartment is located within a Town boundary area defined as a “Census Designated Place” (CDP) where the density measures less than 500 people per square mile according to the 10-year data published by the United States Census Bureau, in such case, the lot shall not be less than 20,000 square feet. A nonconforming lot may be eligible for an accessory apartment, provided that the lot area is not less than 80% of the required lot area for the applicable zone district, but in no case Generated 1/24/2019 Page 4 Southampton Town Board - Letter Board Meeting of January 22, 2019 less than 30,000 square feet unless the lot is located in a CDP that meets the above referenced density requirement, then the non-conforming lot shall be not less than 20,000 square feet. All other dimensional non-conformities shall not be less than 70% of the required setback or lot width. A lot with a nonconformity of a greater degree shall not be eligible for an accessory apartment under this article. Any such request shall be prohibited and can only be treated as an area variance by the Board of Zoning Appeals. G. Minimum and maximum sizes shall be as follows: \[Amended 7-22-2008 by L.L. No. 42-2008\] (1) The accessory apartment shall be a minimum of 400 square feet, and it shall not exceed 35% of the total floor area of the principal dwelling to a maximum of 1,000 square feet on the lot to which the accessory apartment is to be added. (2) An accessory apartment held in perpetuity in the Town of Southampton for affordable housing and constructed pursuant to Chapter 216 (Housing for Income-Eligible Households; Community Housing Opportunity Fund) shall be a minimum of 400 square feet and shall not exceed 50% of the total floor area of the principal dwelling, to a maximum of 750 square feet, on the lot to which the accessory apartment is added. (3) (2) Efficiency unit. Notwithstanding the aforementioned Subsection G(1), an efficiency unit occupied by not more than two persons may have a clear floor area of not less than 220 square feet exclusive of kitchen and bathroom areas. (4) (3) If an accessory apartment is to be constructed in an accessory structure, all habitable living space in that structure will count toward the maximum square footage of the accessory structure. H. The accessory apartment shall contain no more than two conventional bedrooms. I. The bedrooms and bathroom shall not provide the sole access to any other rooms or the sole access to the out-of-doors. J. At least one additional off-street parking space shall be provided for an accessory apartment which is a studio or one-bedroom, and two off-street parking spaces for accessory apartments having two bedrooms, on the lot for the accessory apartment, and such space(s) shall not be located in the required minimum front yard and shall be adequately screened with landscape plantings, which shall include evergreen shrubs, not less than three feet in height at the time of installation. (1) Only one access driveway shall be permitted on the lot having an accessory apartment. K. An accessory apartment shall not be permitted on a lot on which exists a bed-and- breakfast, rooming or boarding house, home occupation, home professional office, preexisting accessory apartment, or multiple-family dwelling. L. If a second or new entrance to the accessory apartment is constructed, ground-floor outside entrances to the accessory apartment shall be from the side or rear yard. Second-floor Generated 1/24/2019 Page 5 Southampton Town Board - Letter Board Meeting of January 22, 2019 outside entrances shall be from the rear yard. M. A dwelling to which the accessory apartment is to be added pursuant to this article shall not be eligible for a seasonal rental permit under Article XIV of this chapter. N. M. For existing single-family dwellings, only the owner-occupant of the residence may apply for this building permit and shall execute such agreements, contracts, easements, covenants, deed restrictions or other legal instruments running in favor of the Town as, upon recommendation of the Town Attorney, will ensure that: (1) The principal dwelling or the apartment is the domicile or principal place of abode of the owner-occupants. No seasonal occupancy shall be permitted. (2) The principal dwelling or the apartment is the domicile or principal place of abode of all tenants therein. No seasonal occupancy shall be permitted. (3) The apartment or any proprietary or other interest therein will not be sold to the tenant or any other party, except as part of a sale of the entire residence in which the apartment is located. (4) Proof of income of the Tenant and all All leases of the rental apartment shall be produced in writing and made available to the Town Building Department and/or the Director of Housing upon request and all leases shall be for a minimum of a one-year term or where Where the tenant is a relative of the owner, proof of income shall not be required and a notarized affidavit of proof must of tenancy may be submitted in lieu of a lease for approval by the Director of Housing Chief Building Inspector, prior to the issuance of an accessory apartment permit. (5) The apartment is properly constructed, maintained and used, and both the apartment and the lot upon which it is constructed are free from any unapproved uses as set forth herein. (6) Any other conditions deemed reasonable and necessary by the Town to ensure the immediate and long-term success of the apartment in helping to meet identified housing needs in the community are met. N. Upon the issuance of a permit for an Accessory Apartment, one (1) Town-owned development right will be extinguished by the Town in the school district where the accessory apartment is located. No permit shall be issued without such extinguishment. SECTION 3. Amendment. Chapter 270 of the Southampton Town Code is hereby amended by deleting the stricken words and adding the underlined words as follows: § 270-1 Definitions. \[1\] As used in this chapter, the following terms shall have the meanings indicated: DWELLING UNIT As defined in § 330-5 ENFORCEMENT AUTHORITY Generated 1/24/2019 Page 6 Southampton Town Board - Letter Board Meeting of January 22, 2019 The town agency or official charged with issuing rental permits and enforcing the provisions of this chapter. Said agency or official shall be designated by resolution of the Town Board but must be one of the following: the Chief Building Inspector or his designee, the Chief Fire Marshal or his designee, or investigators/officers assigned to the Town Attorney Investigation Unit. \[Added 5-13-2014 by L.L. No. 15-2014\] FAMILY One of the following: A. One, two or three persons occupying a dwelling unit; or B. Four or more persons occupying a dwelling unit and living together as a traditional family or the functional equivalent of a traditional family. (1) Evidence that four or more persons living in a single dwelling unit who are not related by blood, marriage or legal custody shall create a rebuttable presumption that such persons do not constitute the functional equivalent of a traditional family. (2) The foregoing presumption may be rebutted by submitting evidence to the Chief Building Inspector that all of the following are present: (a) The group is one which in theory, size, appearance, structure and function resembles a traditional family unit; (b) The occupants share the entire dwelling unit and live and cook together as a single housekeeping unit. A unit in which various occupants act as separate roomers is not deemed to be occupied by the functional equivalent of a traditional family; (c) The group shares expenses for food, rent or ownership costs, utilities and other household expenses; (d) The group is permanent and stable. Evidence for such permanency and stability may include: \[1\] The presence of minor dependent children regularly residing in the household who are enrolled in local schools; \[2\] Members of the household have the same address for purposes of voter registration, driver's license, motor vehicle registration and filing of taxes; \[3\] Members of the household are employed in the area; \[4\] The household has been living together as a unit for a year or more whether in the current dwelling unit or other dwelling units; \[5\] There is common ownership of furniture and appliances among the members of the household; and \[6\] Generated 1/24/2019 Page 7 Southampton Town Board - Letter Board Meeting of January 22, 2019 The group is not transient or temporary in nature. (e) Any other factor reasonably related to whether the group is the functional equivalent of a family. (3) An appeal from the Chief Building Inspector's determination may be taken to the Licensing Review Board, by written request, within 30 days of such determination. The Licensing Review Board shall hold a public hearing on such appeal within 30 days after receipt of written notice of such appeal and, after such hearing, shall make written findings and a decision either sustaining or reversing such determination within 30 days after close of such public hearing. IMMEDIATE FAMILY The owner's spouse, children, parents, siblings, grandparents or grandchildren. MANAGING AGENT Any individual, business, partnership, firm, corporation, enterprise, trustee, company, industry, association, public entity or other legal entity responsible for the maintenance or operation of any rental property as defined within this chapter. OWNER Any person, individual, association, entity or corporation whose name is listed as grantee on the last deed of record for the property, as recorded with the Suffolk County Clerk. PERSON Includes any individual, business, partnership, firm, corporation, enterprise, trustee, company, industry, association, public entity or other legal entity. PUBLISH Promulgation of an available rental property to the general public or to selected segments of the general public, in a newspaper, magazine, flyer, handbill, mailed circular, bulletin board, sign or electronic media. RENEWAL RENTAL PERMIT A permit which is to be issued to the owner of the rental property where such dwelling unit has been the subject of a rental permit continuously prior to the date of the application for the permit. RENT A return, in money, property or other valuable consideration (including payout in kind or services or other thing of value), for the use and occupancy or the right to the use and occupancy of a rental property, whether or not a legal relationship of landlord and tenant exists between the owner and the occupant or occupants thereof. RENTAL PERMIT A permit issued by the enforcement authority issued to the owner to allow the use or occupancy of a rental property. \[Amended 5-13-2014 by L.L. No. 15-2014\] RENTAL PROPERTY Generated 1/24/2019 Page 8 Southampton Town Board - Letter Board Meeting of January 22, 2019 A dwelling unit which is occupied for habitation as a residence by persons, other than the owner or the owner's immediate family, and for which rent is received by the owner, directly or indirectly, in exchange for such residential occupation. For purposes of this chapter, the term "rental property" shall mean all non-owner- occupied single-family residences, two-family residences, accessory apartments and townhouses, and shall exclude: A. A dwelling unit lawfully and validly permitted as an accessory apartment in accordance with Article IIA of Chapter 330 of the Code of the Town of Southampton; or B. A. Properties used exclusively for nonresidential commercial purposes in any zoning district; or C. B. Any legally operating commercial hotel/motel business or bed-and-breakfast establishment operating exclusively and catering to transient clientele, that is, customers who customarily reside at these establishments for short durations for the purpose of vacationing, travel, business, recreational activities, conventions, emergencies and other activities that are customary to a commercial hotel/motel business. TENANT An individual who leases, uses or occupies a rental property. TRANSIENT A rental period of 14 days or less. \[Amended 5-14-2013 by L.L. No. 10-2013\] \[1\] Editor's Note: The former definition of “Chief Building Inspector,” which immediately followed, was repealed 5-13-2014 by L.L. No. 15-2014. § 270-2 Applicability; more restrictive provisions to prevail. A. Scope. This chapter shall apply to all rental properties located within the unincorporated area of the Town, whether or not the use and occupancy thereof shall be permitted under the applicable use regulations for the zoning district in which such rental property is located. B. Applicability. The provisions of this chapter shall be deemed to supplement applicable state and local laws, ordinances, codes and regulations; and nothing in this chapter shall be deemed to abolish, impair, supersede or replace existing remedies of the Town, county or state or existing requirements of any other applicable state or local laws, ordinances, codes or regulations. In case of conflict between any provision of this chapter and any applicable state or local law, ordinance, code or regulation, the more restrictive or stringent provision or requirement shall prevail. The issuance of any permit or the filing of any form under this chapter does not make legal any action or statement of facts that is otherwise illegal under any other applicable legislation. For the purposes of the issuance of appearance tickets pursuant to the New York State Criminal Procedure Law and Southampton Town Code Chapter 5, Appearance Tickets, a violation of this chapter shall be deemed a violation of a Building Code. C. Generated 1/24/2019 Page 9 Southampton Town Board - Letter Board Meeting of January 22, 2019 The name of the tenant, date of birth of the owner(s), and the telephone number of the owner(s) information provided in an application for a rental permit under this chapter shall be deemed personal and private in nature, and the release or disclosure of said information pursuant to public request shall be deemed to constitute an unwarranted invasion of personal privacy under New York State Public Officers Law, Article 6, §§ 84 through 90, and shall not be authorized. § 270-3 Rental permit required. A. Effective January 1, 2008, no owner shall cause, permit or allow the occupancy or use of a dwelling unit as a rental property without a valid rental permit. B. Effective January 1, 2008, no person shall occupy or otherwise use a dwelling unit as a rental property without a valid rental permit being issued for the dwelling unit. C. A rental permit issued under this chapter shall only be issued to the owner(s) of the real property at issue. § 270-4 Term of permits and renewal. A. All permits issued pursuant to this chapter shall be valid for a period of two years from the date of issuance. B. A renewal rental permit application signed by the owner shall be completed and filed with the enforcement authority before the expiration of any valid rental permit. The renewal rental permit application shall contain the following: \[Amended 5-13-2014 by L.L. No. 15-2014\] (1) An official copy of the prior valid rental permit; (2) A signed and sworn affidavit by the owner affirming that the rental property, to the best of his/her knowledge, fully complies with all of the provisions of the Code of the Town of Southampton and the New York State Uniform Fire Prevention and Building Code, that the structure has not been physically altered in any way, except in full conformance with a valid building permit, and the owner is not aware of the property being in violation of the Code of the Town of Southampton or the New York State Uniform Fire Prevention and Building Code. C. In the event of a change in tenancy occurring during a permit term, the owner shall notify the enforcement authority, in writing, of the identity of the new tenants. \[Amended 5-13-2014 by L.L. No. 15-2014\] D. In the case of an accessory apartment issued a building permit after January 1, 2019, a lease agreement or other documentation demonstrating that the maximum monthly rent charged does not exceed the annual Fair Market Rent (FMR) for Suffolk County as established by The Department of Housing and Urban Development (HUD) and that the tenant’s income meets the standards established for low-moderate income or middle income Generated 1/24/2019 Page 10 Southampton Town Board - Letter Board Meeting of January 22, 2019 as defined under Chapter 216 of the Town Code. § 270-5 Application for rental permit. A. Where a dwelling unit is to be used as a rental property, an application for a rental permit shall be filed with the enforcement authority before the term of the rental is to commence. \[Amended 5-28-2013 by L.L. No. 12-2013; 5-13-2014 by L.L. No. 15-2014\] (1) The owner of a rental property having failed to comply with the requirements of § 270-5A shall file all appropriate rental application documents within 30 days of the receipt of actual notice of said failure to comply. Actual notice shall include but not be limited to the issuance of a summons or notice of violation and/or written notice from any Southampton Town official. B. The application shall contain the following: (1) The name, date of birth, telephone number and address of the owner(s). (a) Proof of the legal residence of each owner; (b) In the event that the owner of the rental property is a corporation, partnership, limited liability company, or other business entity, the name, proof of legal residence, and telephone number of each owner, officer, principal shareholder, partner and/or member of such business entity shall be provided; (c) A copy of the last deed of record for the rental property, as recorded with the Suffolk County Clerk, confirming the ownership of record of the rental property. (2) The name, address and telephone number of the managing agent, if applicable. (3) A writing, promulgated by the Office of the Town Attorney, executed by the owner(s) of the rental property, which designates either: (a) A person, firm or corporation with an actual place of business, dwelling place, or usual place of abode located within the boundaries of the Town of Southampton; or (b) The Town Clerk of the Town of Southampton as agent for service for criminal and civil process pursuant to CPLR Section 318. Every owner shall insure that the address for delivery of such process is current and shall advise the Town Clerk whenever the address is changed. The designated agent, upon receipt of service of process under this designation shall forthwith transmit by regular and certified mail to the owner(s) of the rental property at the address included on the owner(s) application. (4) The location of the rental property, including the street address and the Suffolk County Tax Map parcel number. (5) The number of tenants intended to occupy the rental property. Generated 1/24/2019 Page 11 Southampton Town Board - Letter Board Meeting of January 22, 2019 (6) \[1\] A copy of a contract with a carter providing for weekly pickup, at a minimum, of refuse and proof by letter from the carter indicating that full payment for the entire term of the rental has been made, or in the alternative, an affidavit from the owner acknowledging responsibility for refuse removal in a timely and efficient manner. \[1\] Editor's Note: Former Subsection B(6), regarding the names of tenants, was repealed 5-28- 2013 by L.L. No. 12-2013. This local law also provided for the renumbering of former Subsection B(7) through (11) as Subsection B(6) through (10), respectively. (7) The period of the proposed occupancy. (8) A floor plan depicting the location and size of each conventional bedroom. (9) A copy of the certificate of occupancy or pre-existing certificate of occupancy for the rental property. (10) Written certification from a licensed architect or licensed engineer that states that the rental property fully complies with all of the provisions of the Code of the Town of Southampton. The certification shall include, but not be limited to, the number of each bedroom, the square footage of each bedroom, and a description of every improvement indicated on the survey. In lieu of the provision of a certification, an inspection may be conducted by the enforcement authority. \[Amended 5-13-2014 by L.L. No. 15-2014\] (11) In addition to the requirements set forth in this chapter, an application for a rental permit for an Accessory Apartment must contain the following unless the tenant is a relative of the owner: (a) Proof of income of the tenant(s) in a form that is satisfactory to the Director of Housing showing that the tenant(s) meet(s) the income limits for low-moderate income or middle income pursuant to Chapter 216 of the Town Code. (b) Proof of rent charged to the tenant(s) must be set forth in the lease agreement and shall not exceed the annual Fair Market Rent (FMR) for Suffolk County as established by The Department of Housing and Urban Development (HUD). C. The owner(s) of the premises and the managing agent, if applicable, shall submit an application that is signed, sworn to and notarized. § 270-6 Review of application; issuance of rental permit. \[Amended 5-28-2013 by L.L. No. 12-2013; 5-13-2014 by L.L. No. 15-2014\] The enforcement authority shall review each application for completeness and accuracy and shall make an on-site inspection of the proposed rental property unless the owner has elected to provide a certification from a licensed architect or a licensed engineer pursuant to § 270-5B(10). The enforcement authority shall not issue a rental permit, unless the application includes all of the requisite information and documents enumerated in § 270- 5(B)(1) through (10). If satisfied that the proposed rental property fully complies with the Generated 1/24/2019 Page 12 Southampton Town Board - Letter Board Meeting of January 22, 2019 New York State Uniform Fire Prevention and Building Code and the Code of the Town of Southampton and that such rental property would not create a nuisance to an adjoining nearby property, the enforcement authority shall issue the permit or permits. No rental permit shall be issued if there are any violations of the New York State Uniform Fire Prevention and Building Code and the Town of Southampton in existence at the premises. § 270-7 Register of permits. \[Amended 5-13-2014 by L.L. No. 15-2014\] It shall be the duty of the enforcement authority to maintain a register of permits issued pursuant to this chapter. Such register shall be kept by street address, showing the name and address of the permittee, the number of rooms in the rental property, and the date of expiration of the rental permit. § 270-8 Fees. A. A non-refundable biennial permit application fee, in the amount of $200, shall be paid upon the filing of an application for a rental permit or a renewal rental permit. B. The non-refundable biennial permit application fee shall be waived if the owner of a rental property leases for the entire rental term to low-, moderate-, or middle-income households, and in such rental amounts as adopted by the Town Board through the annual resolution which updates the rental formula multipliers for units reserved for income-eligible households pursuant to Chapter 216 of the Code of the Town of Southampton. C. The non-refundable biennial rental permit application fee shall be $100 if the owner of a rental property qualifies for any of the following real property tax exemptions at his or her primary residence located in the Town of Southampton: (1) Enhanced STAR; (2) Veterans exemption; or (3) Senior citizen’s exemption. D. The non-refundable biennial rental permit application fee shall be $100 if the owner of a rental property submits a sworn affidavit affirming that the rental property will be leased to any active member of a volunteer fire department or ambulance corps and/or is qualified for a volunteer firefighters and ambulance workers real property tax exemption. E. The non-refundable biennial rental permit application fee shall be $150 if the owner of a rental property elects to provide a written certification from a licensed architect or licensed engineer that states that the rental property fully complies with all of the provisions of the Code of the Town of Southampton pursuant to § 270-5B(11). F. The non-refundable biennial rental permit application fee shall be $100 if the owner of a rental property submits a sworn affidavit affirming that the rental property will be leased to a senior citizen, as defined in § 330-5 of the Town Code, or a qualified disabled person, as Generated 1/24/2019 Page 13 Southampton Town Board - Letter Board Meeting of January 22, 2019 defined in § 216-2 of the Town Code. G. If an owner of a rental property is found by any court of competent jurisdiction to have violated this chapter, the non-refundable biennial rental permit application fee will be $500. § 270-9 Regulations. A. A rental property shall only be leased, occupied or used by a family. B. No rental property shall be occupied by more than the number of persons permitted to occupy the dwelling unit under Section 404 of the Property Maintenance Code of the New York State Uniform Fire Prevention and Building Code. C. A transient rental is prohibited. D. No more than two bedrooms shall be permitted in the basement of a rental property. E. The selling of shares to tenants where they obtain rights for use and/or occupancy in a dwelling for less than a month shall be prohibited. F. The leasing, occupancy or use by a tenant of less than the entire rental property is prohibited. G. The owner(s) and tenant(s) shall ensure that all applicable parking regulations provided for in the Code of the Town of Southampton are satisfied. Notwithstanding anything to the contrary, no more than four cars shall be parked at any rental property between the hours of 1:00 a.m. and 6:00 a.m. during the term of a rental period. \[Amended 6-27-2017 by L.L. No. 13-2017\] H. A rental property shall only be occupied or otherwise utilized in accordance with the certificate of occupancy issued for the dwelling unit. I. The owner(s) and tenant(s) shall ensure that all property maintenance regulations provided for in Chapter 261 of the Code of the Town of Southampton are satisfied. J. Dumpsters shall be prohibited in the required front yard and right-of-way. The enforcement authority is authorized to promulgate additional site-specific conditions associated with dumpsters, screening facilities, and off-street parking requirements for rental properties regulated under this chapter. Any such conditions shall be in writing and attached to the rental permit. \[Amended 5-13-2014 by L.L. No. 15-2014\] Generated 1/24/2019 Page 14 Southampton Town Board - Letter Board Meeting of January 22, 2019 § 270-10 Inspections. \[Amended 5-13-2014 by L.L. No. 15-2014\] The enforcement authority and Town personnel who are engaged in the enforcement of the provisions of this chapter are authorized to make or cause to be made inspections to determine the condition of rental properties to safeguard the health, safety, and welfare of the public. The enforcement authority and Town personnel who are engaged in the enforcement of the provisions of this chapter are authorized to enter upon any rental property, with the consent of the owner or managing agent if the rental property is unoccupied or upon consent of the occupant if the rental property is occupied. § 270-11 Application for search warrant authorized. \[Amended 5-13-2014 by L.L. No. 15-2014\] The enforcement authority and Town personnel who are engaged in the enforcement of the provisions of this chapter are authorized to make application for the issuance of a search warrant in order to conduct an inspection of any rental property where the owner or tenant refuses or fails to allow an inspection of its premises and where there is reasonable cause to believe that a violation of this chapter has occurred. The application for a search warrant shall in all respects comply with the applicable laws of the State of New York. § 270-12 Revocation of permit. A. The enforcement authority shall revoke a rental permit when he or she finds that the permit holder has caused, permitted or allowed to exist and remain upon the rental property a violation of any provision of the Code of the Town of Southampton for a period of 14 days or more after written notice has been given to the permit holder, managing agent, or tenant of such rental property. \[Amended 5-13-2014 by L.L. No. 15-2014\] B. An appeal from such revocation may be taken by the permit holder to the Licensing Review Board, by written request, made within 30 days from the date of such revocation. The Licensing Review Board shall hold a public hearing on such appeal within 30 days after receipt of written notice of such appeal and, after such hearing, shall make written findings and a decision either sustaining such permit revocation or reinstating such permit within 30 days after close of such public hearing. § 270-13 Collection of rent. The following shall be conditions precedent to the collection of rent for the use and occupancy of a rental property: A. The existence of a valid rental permit for the rental property. B. The tendering of a written receipt in exchange for any rent payment offered in cash. § 270-14 Presumptive evidence dwelling unit is being used as rental property. A. The presence or existence of any of the following shall create a presumption that a dwelling unit is being used as a rental property: Generated 1/24/2019 Page 15 Southampton Town Board - Letter Board Meeting of January 22, 2019 (1) The property is occupied by someone other than the owner or his/her immediate family; (2) Voter registration, motor vehicle registration, a driver's license, or any other document filed with a public or private entity which states that the owner of the rental property resides at an address other than the rental property; (3) Utilities, cable, phone or other services are in place or requested to be installed or used at the premises in the name of someone other than the record owner; (4) Persons residing in the dwelling unit represent that they pay rent to occupy the premises; (5) A dwelling unit which has been published as being available for rent; (6) Any two of the features enumerated in § 270-15 exist at the dwelling unit. B. The foregoing may be rebutted by evidence presented to the enforcement authority or any court of competent jurisdiction. \[Amended 5-13-2014 by L.L. No. 15-2014\] § 270-15 Presumptive evidence of multifamily occupancy. A. It shall be presumed that a single- or one-family dwelling unit is occupied by more than one family if any two or more of the following features are found to exist on the premises: (1) More than one mailbox, mail slot or post office address; (2) More than one gas meter; (3) More than one electric meter annexed to the exterior of the premises; (4) More than one doorbell or doorway on the same side of the dwelling unit; (5) More than one connecting line for cable television service; (6) More than one antenna, satellite dish, or related receiving equipment; (7) There are three or more motor vehicles registered to the dwelling and each vehicle owner has a different surname; (8) There are more than three waste receptacles, cans, containers, bags or boxes containing waste from the premises placed for pickup at least twice during a weekly garbage pickup area; (9) There are separate entrances for segregated parts of the dwelling; (10) There are partitions or internal doors which may serve to bar access between segregated portions of the dwelling, including but not limited to bedrooms; (11) There exists a separate written or oral lease or rental arrangement, payment or agreement for portions of the dwelling among the owner and/or occupants and/or persons in Generated 1/24/2019 Page 16 Southampton Town Board - Letter Board Meeting of January 22, 2019 possession thereof; (12) Any occupant or person in possession thereof does not have unimpeded and/or lawful access to all parts of the dwelling unit; (13) Two or more kitchens, each containing one or more of the following: a range, oven, hotplate, microwave or other similar device customarily used for cooking or preparation of food and/or a refrigerator; (14) There are bedrooms that are separately locked. B. If any two or more of the features set forth in Subsection A(1) through (13) are found to exist on the premises by the enforcement authority or Town personnel engaged in the enforcement of the provisions of this chapter, a verified statement will be requested from the owner of the dwelling unit by the enforcement authority that the dwelling unit is in compliance with all of the provisions of the Code of the Town of Southampton, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York. If the owner fails to submit such verified statement, in writing, to the enforcement authority within 10 days of such request, such shall be deemed a violation of this chapter. \[Amended 5-13-2014 by L.L. No. 15-2014\] § 270-16 Presumptive evidence of owner's residence. A. It shall be presumed that an owner of a rental property does not reside within said rental property if any of the following sets forth an address other than that of the rental property: (1) Voter registration; (2) Motor vehicle registration; (3) Driver's license; or (4) Any other document filed with a public or private entity. B. The foregoing may be rebutted by evidence presented to the enforcement authority or any court of competent jurisdiction. \[Amended 5-13-2014 by L.L. No. 15-2014\] § 270-17 Presumptive evidence of over-occupancy. A. It shall be presumed that a bedroom is over-occupied if more than two mattresses exist in a bedroom. B. The foregoing may be rebutted by evidence presented to the enforcement authority or any court of competent jurisdiction. \[Amended 5-13-2014 by L.L. No. 15-2014\] § 270-18 General applicability of presumptions. The presumptions set forth in §§ 270-14, 270-15, 270-16 and 270-17, subject to the Generated 1/24/2019 Page 17 Southampton Town Board - Letter Board Meeting of January 22, 2019 limitations contained therein, shall also be applicable to the enforcement and the prosecution of building and zoning Town Code violations. § 270-19 Penalties for offenses. A. A violation of this chapter by the owner(s) and/or tenant(s) shall be punishable as follows: \[Amended 5-28-2013 by L.L. No. 12-2013\] (1) A violation of § 270-5A is hereby declared to be an offense punishable by a fine not less than $150 nor more than $1,500 or imprisonment for a period not to exceed 15 days, or both, for a conviction of a first offense; (2) A violation of § 270-5A(1) is hereby declared to be an offense punishable by a fine not less than $1,500 nor more than $8,000 or imprisonment for a period not to exceed 15 days, or both, for a conviction of a first offense; (3) A violation of any section of this chapter other than § 270-5A and/or § 270-5A(1) is hereby declared to be an offense punishable by a fine not less than $3,000 nor more than $15,000 or imprisonment not to exceed a period of six months, or both, for a conviction of a first offense. (4) A second or subsequent violation of this chapter within an eighteen-month period is hereby declared to be an offense punishable by a fine not less than $8,000 nor more than $30,000 or imprisonment not to exceed a period of six months, or both. (5) For the purpose of conferring jurisdiction upon courts and judicial officers in general, violations of this chapter, other than § 270-5A and/or § 270-5A(1), shall be deemed misdemeanors and, for such purpose only, all provisions of law relating to misdemeanors shall apply. Each day's continued violation shall constitute a separate additional violation. (6) In addition to any fines imposed, anyone convicted pursuant to this chapter shall be required to pay a mandatory community housing opportunity surcharge of $100. The community housing opportunity surcharge shall be paid to the Clerk of the Court or administrative tribunal that rendered the conviction. Within the first 10 days of the month following collection of the mandatory surcharge, the collecting authority shall then pay such money to the Town Comptroller, who shall then deposit such money in accordance with the provisions of § 216-6 of the Town Code. \[Added 10-25-2016 by L.L. No. 12-2016\] B. Additionally, in lieu of imposing the fines authorized in § 270-19A, in accordance with Penal Law § 80.05(5), the court may sentence the defendant(s) to pay an amount, fixed by the court, no less than the applicable minimum statutory fine permitted under § 270-19A nor more than double the amount of the rent collected over the term of the occupancy. \[Amended 5-28-2013 by L.L. No. 12-2013\] C. The court may dismiss the violation or reduce the minimum fine imposed where it finds that the defendant had cooperated with the Town of Southampton in the investigation and prosecution of a violation of this chapter. Factors which the court may consider include, but are not limited to, a report from the office of the Town Attorney confirming that the defendant did in fact cooperate and whether: Generated 1/24/2019 Page 18 Southampton Town Board - Letter Board Meeting of January 22, 2019 (1) The defendant reported the violation(s) to the Town of Southampton; (2) The defendant assisted the Town of Southampton in investigating and prosecuting the violation(s); (3) The defendant provided access to the rental property; (4) The defendant promptly pursued his/her/its own rights under the lease to remedy the violation or adequately pursued an eviction proceeding; (5) All violations existing at the rental property have been promptly remediated. D. Where authorized by a duly adopted resolution of the Town Board, the Town Attorney may bring and maintain a civil proceeding, in the name of the Town, in the Supreme Court, to permanently enjoin the person or persons conducting, maintaining or permitting said violation. The owner and tenants of the residence wherein the violation is conducted, maintained or permitted may be made defendants in the action. (1) If a finding is made by a court of competent jurisdiction that the defendants or any of them has caused, permitted, or allowed a violation of this chapter, a penalty to be jointly and severally included in the judgment may be awarded at the discretion of the court in an amount not to exceed $1,000 for each day it is found that the defendants or any one of them individually caused, permitted or allowed the violation. Upon recovery, such penalty shall be paid into the Town Attorney's Enforcement Fund. SECTION 4. Authority. The proposed local law is enacted pursuant to Municipal Home Rule Law §§10(1)(ii)(a)(11) and (12) and §10(1)(ii)(a)(14). SECTION 5. Severability. If any section or subsection, paragraph, clause, phrase or provision of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provisions so adjudged to be invalid or unconstitutional. SECTION 6. Effective Date. This local law shall take effect upon filing with the Secretary of State pursuant to Municipal Home Rule Law. AND BE IT FURTHER RESOLVED, that the Town Clerk is hereby directed to publish the following Notice of Adoption: NOTICE OF ADOPTION PLEASE TAKE NOTICE that, after a public hearing was held by the Town Board of the Town of Southampton on December 20, 2018, the Town Board, at their meeting of January 22, 2019, adopted LOCAL LAW NO. 3 OF 2019 as follows: “A LOCAL LAW amending Town Code Chapter 330 Article 11A (Accessory Apartments) and Chapter 270 (Rental Properties) of the Code of the Town of Southampton in order to provide additional affordable housing throughout the Town” Generated 1/24/2019 Page 19 Southampton Town Board - Letter Board Meeting of January 22, 2019 Summary of Proposed Law The Town Board realizes that there is a critical need to ensure housing opportunities for income-eligible households within the Town of Southampton in order to sustain the local economy and community services. While the Town has benefited from increased tourism and second home ownership, income eligible households including senior citizens, health care professionals, teachers, municipal employees, mechanics, shop clerks and many others are being priced out of market rate housing. These amendments to the accessory apartment law will ensure that additional affordable housing is created throughout the Town of Southampton. In addition, it will enable many residents to derive extra-income from an accessory apartment as the cost of living continues to increase. Copies of the local law, sponsored by Supervisor Schneiderman are on file in the Town Clerk’s Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m. BY ORDER OF THE TOWN BOARD TOWN OF SOUTHAMPTON, NEW YORK SUNDY A. SCHERMEYER, TOWN CLERK Financial Impact: None RESULT: ADOPTED AS AMENDED \[UNANIMOUS\] MOVER: Jay Schneiderman, Supervisor SECONDER: John Bouvier, Councilman AYES: Schneiderman, Lofstad, Scalera, Bouvier, Schiavoni Generated 1/24/2019 Page 20 Southampton Town Board - Letter Board Meeting of January 22, 2019 TOWN BOARD RESOLUTION 2019-75 Item # 7.6 ADOPTED DOC ID: 30879 Notice of Public Hearing to Consider the Adoption of Hampton Bays Waterfront Revitalization Plan Pursuant to New York State General Municipal Law Article 15 Urban Renewal Law WHEREAS, due to market forces that were unfavorable to a transient resort operation and due to the growing need for affordable housing, some of the motels located in Hampton Bays have gradually become used for long term tenants; and WHEREAS, certain motel properties lacked the proper facilities for such long-term use, and fell into disrepair and became blighted; and WHEREAS, the Town of Southampton has long held the goal of seeing tourism return to the Hampton Bays area with its abundance of natural scenic and recreation locations; and WHEREAS, with sandy ocean beaches and beautiful bays, Hampton Bays draws visitors from afar to its many small waterfront resorts and is well situated for tourism related activities; and WHEREAS, under General Municipal Law Article 15 (Urban Renewal Law), it is proper for a municipality to develop plans to eliminate blighted areas in order to promote growth and development in a manner consistent with the public welfare; and WHEREAS, the Southampton Town Board is an Agency authorized to carry out the provisions of the Urban Renewal Law pursuant to §502(5) of the Urban Renewal Law; and WHEREAS, the purpose of the proposed Hampton Bays Waterfront Revitalization Plan is to create a template for the transformation of those former motels that have become blighted and fallen into disrepair through long-term tenancy use, and to restore these properties back to motel and resort use; and WHEREAS, the major goal of this plan would be to transform a former waterfront motel that has become blighted, and the subject of numerous Town Code violations, into a boutique motel or seasonal condominium, or similar use that would contribute to the tourism economy of Hampton Bays. Such property being identified as Suffolk County Tax Map Number: 900-323-1-4, consisting of approximately 62,290 square feet, and located at 20 Shinnecock Road, in the Hamlet of Hampton Bays; now therefore be it RESOLVED, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on February 26, 2019 at 6:00 p.m., at Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against the adoption of a Hampton Bays Waterfront Revitalization Plan which will create a template for the transformation of those former motels that have become blighted and fallen into disrepair through long-term tenancy use, and to restore these properties back to a motel and resort use in order to facilitate the public purpose of urban renewal; and be it further RESOLVED, that the Town Clerk is hereby authorized to publish the following Notice of Public Hearing: Generated 1/24/2019 Page 21 Southampton Town Board - Letter Board Meeting of January 22, 2019 NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that a public hearing will be held by the Town Board of the Town of Southampton on February 26, 2019 at 6:00 p.m. at the Southampton Town Hall, 116 Hampton Road, Southampton, New York to hear any and all persons either for or against the adoption of a Hampton Bays Waterfront Revitalization Plan which will create a template for the transformation of those former motels that have become blighted and fallen into disrepair through long-term tenancy use, and to restore these properties back to a motel and resort use in order to facilitate the public purpose of urban renewal. Copies of a draft of the Hampton Bays Waterfront Resort Revitalization Plan are on file in the Town Clerk’s Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m. BY ORDER OF THE TOWN BOARD TOWN OF SOUTHAMPTON, NEW YORK SUNDY A. SCHERMEYER, TOWN CLERK . Financial Impact: None. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Jay Schneiderman, Supervisor SECONDER: Julie Lofstad, Councilwoman AYES: Schneiderman, Lofstad, Scalera, Bouvier, Schiavoni Generated 1/24/2019 Page 22 Southampton Town Board - Letter Board Meeting of January 22, 2019 TOWN BOARD RESOLUTION 2019-159 Item # 7.91 ADOPTED DOC ID: 30687 Notice of Public Hearing to Consider Amending Town Code §330- 109 (Fences, walls, accessory driveway structures, and clotheslines) as it Relates to Retaining Walls for Sanitary Systems RESOLVED, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on February 12, 2019, at 1:00 p.m., at Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against a local law entitled: “A LOCAL LAW to consider amending Town Code §330-109 (Fences, walls, accessory driveway structures, and clotheslines) as it relates to walls for sanitary systems” which provides as follows: LOCAL LAW NO. OF 2019 A LOCAL LAW to consider amending Town Code §330-109 (Fences, walls, accessory driveway structures, and clotheslines) as it relates to walls for sanitary systems. BE IT ENACTED by the Town Board of the Town of Southampton as follows: SECTION 1. Legislative Intent. There are numerous existing waterfront homes in the Town of Southampton that have pre-existing, nonconforming septic systems. These nonconforming systems typically consist of only leaching pools, with no septic system, that do not meet the required ground water separation distances. The nitrogen loading associated with these nonconforming systems has a substantial negative impact on the quality of the Town’s surface waters. In order to upgrade these septic systems to meet the ground water separation requirements, the installation of retaining walls around the new conforming systems is often required. By Local Law No. 17 of 2017, the Town Board adopted regulations to require alternative treatment systems (I/A OWTS) approved by the Suffolk County Department of Health Services for: (i) all new residential construction, (ii) any substantial septic system upgrade required by the Suffolk County Department of Health Services, or (iii) an increase of 25% or more in the floor area of a building. In addition, an I/A OWTS approved by the Suffolk County Department of Health Services shall be required for any new septic system or substantial septic system upgrade required by the Conservation Board and/or the Environment Division pursuant to Town Code Chapter 325. These new systems often times require the installation of retaining walls. The installation and upgrading of nonconforming systems furthers the objective to improve surface quality waters within the Town as identified and adopted in the Town of Southampton Coastal Resource and Water Protection Plan by resolution 2015-1264. This amendment seeks to clarify the Town’s policy to exempt from regulation, any retaining walls that are required for use as parts of such sanitary waste disposal systems as they are approved by the Suffolk County Department of Health Services. SECTION 2. Amendment. Generated 1/24/2019 Page 23 Southampton Town Board - Letter Board Meeting of January 22, 2019 §330-109. Fences, walls, accessory driveway structures, and clotheslines. G. The following are exempt from regulation: (1) Retaining walls required for use as integral parts of sanitary waste disposal systems and approved for construction by the Suffolk County Department of Health Services. SECTION 3. Authority. The proposed local law is enacted pursuant to Town Law §264 and §265 and Municipal Home Rule Law §10(1)(ii)(a)(12) and §10(1)(ii)(a)(14). SECTION 4. Severability. If any section or subsection, paragraph, clause, phrase or provision of this law shall be judged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. SECTION 5. Effective Date. This Local Law shall take effect upon filing with the Secretary of State pursuant to Municipal Home Rule Law. AND BE IT RESOLVED, that the Town Clerk is hereby directed to forward a copy of the proposed law to the Southampton Town Planning Board as well as the Suffolk County Planning Commission for their review and recommendations; and be it FURTHER RESOLVED, that the Town Clerk is hereby authorized to publish the following Notice of Public Hearing: NOTICE OF PUBLIC HEARING TAKE NOTICE, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on February 12, 2019, at 1:00 p.m., at Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against a local law entitled: “A LOCAL LAW to consider amending Town Code §330-109 (Fences, walls, accessory driveway structures, and clotheslines) as it relates to retaining walls for sanitary systems.” Summary of Proposed Law This proposed amendment exempts from regulation retaining walls that are required for use as integral parts of sanitary waste disposal systems and approved for construction by the Suffolk County Department of Health Services. Copies of the proposed local law, sponsored by Supervisor Schneiderman are on file in the Town Clerk’s Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m. BY ORDER OF THE TOWN BOARD TOWN OF SOUTHAMPTON, NEW YORK Generated 1/24/2019 Page 24 Southampton Town Board - Letter Board Meeting of January 22, 2019 SUNDY A. SCHERMEYER, TOWN CLERK Financial Impact: None. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Jay Schneiderman, Supervisor SECONDER: John Bouvier, Councilman AYES: Schneiderman, Lofstad, Scalera, Bouvier, Schiavoni Generated 1/24/2019 Page 25 Southampton Town Board - Letter Board Meeting of January 22, 2019 TOWN BOARD RESOLUTION 2019-160 Item # 7.92 ADOPTED DOC ID: 30689 Notice of Public Hearing to Consider Amending Town Code §330- 62 (Special permit procedure) to Establish Fees for Special Permits in the Special Old Filed Map Overlay District RESOLVED, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on February 12, 2019, at 1:00 p.m., at Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against a local law entitled: “A LOCAL LAW to consider amending Town Code §330-62 (Special permit procedure) to establish fees for special permits in the Special Old Filed Map Overlay District that are consistent with those for Zoning Board of Appeals applications” which provides as follows: LOCAL LAW NO. OF 2019 A LOCAL LAW to consider amending Town Code §330-62 (Special permit procedure) to establish fees for special permits in the Special Old Filed Map Overlay District that are consistent with those for Zoning Board of Appeals applications. BE IT ENACTED by the Town Board of the Town of Southampton as follows: SECTION 1. Legislative Intent. The Town Code currently sets forth the fee for special permit applications to the Board of Appeals for properties located within the Special Old Filed Map Overlay District as $75. This proposed amendment establishes the fee for such a permit to be consistent with the fees paid for all Zoning Board of Appeals applications. SECTION 2. Amendment. Article XII. Special Old Filed Map Overlay District. §330-62. Special permit procedure. C. The fee for special permit applications to the Board of Appeals shall be consistent with the fees associated with a Zoning Board of Appeals application as set forth and amended from time to time by Town Board resolution$75. SECTION 3. Authority. The proposed local law is enacted pursuant to Municipal Home Rule Law §10. SECTION 4. Severability. If any section or subsection, paragraph, clause, phrase or provision of this law shall be judged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. Generated 1/24/2019 Page 26 Southampton Town Board - Letter Board Meeting of January 22, 2019 SECTION 5. Effective Date. This Local Law shall take effect upon filing with the Secretary of State pursuant to Municipal Home Rule Law. AND BE RESOLVED, that the Town Clerk is hereby directed to forward a copy of the proposed law to the Southampton Town Planning Board as well as the Suffolk County Planning Commission for their review and recommendations; and be it AND BE IT FURTHER RESOLVED, that the Town Clerk is hereby authorized to publish the following Notice of Public Hearing: NOTICE OF PUBLIC HEARING TAKE NOTICE, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on February 12, 2019, at 1:00 p.m., at Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against a local law entitled: “A LOCAL LAW to consider amending Town Code §330-62 (Special permit procedure) to establish fees for special permits in the Special Old Filed Map Overlay District that are consistent with those for Zoning Board of Appeals applications.” Summary of Proposed Law This amendment proposes to set the fees for special permit applications to the Board of Appeals for properties located within the Special Old Filed Map Overlay to be consistent with the fees paid for all Zoning Board of Appeals applications. Copies of the proposed local law, sponsored by Supervisor Schneiderman are on file in the Town Clerk’s Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m. BY ORDER OF THE TOWN BOARD TOWN OF SOUTHAMPTON NEW YORK SUNDY A. SCHERMEYER, TOWN CLERK Financial Impact: None. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Jay Schneiderman, Supervisor SECONDER: John Bouvier, Councilman AYES: Schneiderman, Lofstad, Scalera, Bouvier, Schiavoni Generated 1/24/2019 Page 27 Southampton Town Board - Letter Board Meeting of January 22, 2019 TOWN BOARD RESOLUTION 2019-161 Item # 7.1 ADOPTED DOC ID: 30992 Assume Lead Agency and Adopt Negative Declaration for the Purposes of SEQRA for Proposed Code Amendment to Chapter §330-11A (Accessory Apartments) and Chapter 270 (Rental Properties). WHEREAS, the Town Board of the Town of Southampton is considering amending Chapter 330 Article 11A (Accessory Apartments) and Chapter 270 (Rental Properties) of the Code of the Town of Southampton (Resolution No. 2018-1206) in order to provide additional affordable housing throughout the Town; and WHEREAS, a public hearing was held on December 20, 2018, at which time any and all persons either for or against the amendments were heard; and WHEREAS, the Department of Land Management has advised the Town Board that this proposed local law is considered an Unlisted Action, with no other involved agency identified for coordination; and WHEREAS, the Department of Land Management completed the Environmental Assessment Forms which identified and evaluated the potential impacts of the proposed action, and the Town Board as Lead Agency has reviewed said documentation and considered the magnitude and importance of each potential impact; and WHEREAS, the Environmental Assessment did not reveal any significant environmental impacts associated with the adoption of the proposed local law to facilitate the creation of affordable housing in the Town without any increase in density, consistent with the Comprehensive Plan; now, therefore, BE IT RESOLVED, that the Town Board of the Town of Southampton hereby assumes Lead Agency for the proposed action; and be it further RESOLVED, that the Town Board of the Town of Southampton as Lead Agency hereby adopts a Negative Declaration (Determination of Non-Significance) in accordance with Article 8 of the Environmental Conservation Law (ECL) for the pending action to adopt an Amendment to Town Code §330-11A (Accessory Apartments) and Town Code Chapter 270 (Rental Properties). Financial Impact: None RESULT: ADOPTED \[UNANIMOUS\] MOVER: Jay Schneiderman, Supervisor SECONDER: Tommy John Schiavoni, Councilman AYES: Schneiderman, Lofstad, Scalera, Bouvier, Schiavoni Generated 1/24/2019 Page 28 Southampton Town Board - Letter Board Meeting of January 22, 2019 TOWN BOARD RESOLUTION 2019-163 Item # 7.94 ADOPTED DOC ID: 30882 Adopt Negative Declaration for the Change of Zone Petition entitled "5 Cedar Lane LLC" (Cromer's Market) Requesting Change From Residential (R-40) to Hamlet Commercial/Residential (HC), Noyac WHEREAS, in July 2016, 5 Cedar Lane LLC submitted a request, pursuant to Town Code §330-185(C), for a public work session to discuss a proposed application for a change-of- zone; and WHEREAS, specifically, Cedar Lane LLC seeks a zoning change from Residential (R-40) to Hamlet Commercial/Residential (HC) on a .1 acres (5,172.01 sq. ft.) parcel located on the west side of Cedar Lane Avenue approximately 150 ft. north of Noyack Rd, within the Hamlet of Noyac (SCTM #900-6-1-44); and WHEREAS, the subject parcel is a pre-existing, non-conforming lot in the Residential (R-40) zone directly adjacent to Cromer’s Market and is currently utilized for ancillary parking and storage associated with the Market; and WHEREAS, the proposed zone change would allow the applicant to formalize the parking for the Market use, utilize the private road of Cedar lane upon abandonment for parking in addition to retaining the existing building on the site for office/storage use; and WHEREAS, pursuant to Town Code §330-185(C) (4), on December 12, 2017 by Resolution 2017-1154, the Town Board elected to consider a formal application on said proposal; and WHEREAS, on April 12, 2017, the Town Clerk received a formal application for the change of zone; and WHEREAS, on August 14, 2018 the Town Board held a public hearing on the subject zone change application; and WHEREAS, the subject zone change is considered an Unlisted action within the provisions of the New York State Environmental Quality Review Act (SEQRA) and Chapter 157 of the Town Code; and WHEREAS, with the referral of the zone change application, the Town Board coordinated Lead Agency with the Planning Board as the only other identified involved agency; and WHEREAS, on August 23, 2018 the Planning Board declined Lead Agency status by Resolution 2018-284; and WHEREAS, by Resolution 2018-943 the Town Board assumed Lead Agency for the purpose of SEQRA review for the subject application; and WHEREAS,the Applicant has submitted a Long Environmental Assessment Form (LEAF) Part I; and WHEREAS, the Department of Land Management completed the Environmental Assessment Generated 1/24/2019 Page 29 Southampton Town Board - Letter Board Meeting of January 22, 2019 Parts II and III which identified and evaluated the potential impacts of the proposed action, and the Town Board as Lead Agency has reviewed said documentation and considered the magnitude and importance of each impact; and WHEREAS, the Environmental Assessment did not reveal any significant environmental impacts associated with the adoption of the proposed zoning map amendment as the change will facilitate the improvement of conditions and traffic on the site; now, therefore, BE IT RESOLVED, that the Town Board of the Town of Southampton hereby adopts a Negative Declaration (Determination of Non-Significance) in accordance with Article 8 of the Environmental Conservation Law (ECL) for the action to amend the zoning map from R-40 to Hamlet/Residential Commercial (HC) for the parcel identified as SCTM No. 900-6-1-44. Financial Impact: None RESULT: ADOPTED \[UNANIMOUS\] MOVER: Jay Schneiderman, Supervisor SECONDER: Tommy John Schiavoni, Councilman AYES: Schneiderman, Lofstad, Scalera, Bouvier, Schiavoni Generated 1/24/2019 Page 30