HomeMy WebLinkAboutSH RES 573, 580 ,os
Southampton Town Board Sundy A. Schermeyer Town Clerk
116 Hampton Road Telephone: (631) 287-5740
Southampton, NY 11968Fax: (631) 283-5606
June 25 2020
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 torte lerk so aum tomo n o .
Signature, ate. _. ..
Please be advise hat the Town Board, at a meeting held on June 23, 2020 6:00
PM, reviewed the following resolution(s):
Town Board Resolution RES-2020-573 Adopted [Unanimous]
Notice of Adoption to Amend Town Code Chapter 330-137.1 (G) Reconstruction or
Expansion of Pre-existing Marinas and Boatyards in Residential Districts
Town Board Resolution RES-2020-580 Adopted [Unanimous]
Notice of Public Hearing to Consider (i) Repealing Town Code Section 330-248 (Q) ("RTW
Residential Planned Development District (RTWRPDD))" in its Entirety, and (ii) Amending
the Zoning Map to Revert Two Corresponding Parcels to their Prior Zoning Classification of
Highway Business (HB), in the Hamlet of Hampton Bays
Sincerely Yours,
Sundy A. Schermeyer
Town Clerk
Generated 6/25/2020 Page 1
Southampton Town Board Sundy A. Schermeyer Town Clerk
116 Hampton Road Telephone: (631) 287-5740
Southampton, NY 11968 Fax: (631) 283-5606
June 25, 2020
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 June 23, 2020 6:00
PM, reviewed the following resolution(s):
Town Board Resolution RES-2020-573 Adopted \[Unanimous\]
Notice of Adoption to Amend Town Code Chapter 330-137.1 (G) Reconstruction or
Expansion of Pre-existing Marinas and Boatyards in Residential Districts
Town Board Resolution RES-2020-580 Adopted \[Unanimous\]
Notice of Public Hearing to Consider (i) Repealing Town Code Section 330-248 (Q) (“RTW
Residential Planned Development District (RTWRPDD))" in its Entirety, and (ii) Amending
the Zoning Map to Revert Two Corresponding Parcels to their Prior Zoning Classification of
Highway Business (HB), in the Hamlet of Hampton Bays
Sincerely Yours,
Sundy A. Schermeyer
Town Clerk
Generated 6/25/2020 Page 1
Southampton Town Board Sundy A. Schermeyer Town Clerk
116 Hampton Road Telephone: (631) 287-5740
Southampton, NY 11968 Fax: (631) 283-5606
June 25, 2020
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 June 23, 2020 6:00
PM, reviewed the following resolution(s):
Town Board Resolution RES-2020-573 Adopted \[Unanimous\]
Notice of Adoption to Amend Town Code Chapter 330-137.1 (G) Reconstruction or
Expansion of Pre-existing Marinas and Boatyards in Residential Districts
Town Board Resolution RES-2020-580 Adopted \[Unanimous\]
Notice of Public Hearing to Consider (i) Repealing Town Code Section 330-248 (Q) (“RTW
Residential Planned Development District (RTWRPDD))" in its Entirety, and (ii) Amending
the Zoning Map to Revert Two Corresponding Parcels to their Prior Zoning Classification of
Highway Business (HB), in the Hamlet of Hampton Bays
Sincerely Yours,
Sundy A. Schermeyer
Town Clerk
Generated 6/25/2020 Page 1
Southampton Town Board - Letter Board Meeting of June 23, 2020
TOWN BOARD RESOLUTION 2020-573 Item # 7.35
ADOPTED DOC ID: 34221
Notice of Adoption to Amend Town Code Chapter 330-137.1 (G)
Reconstruction or Expansion of Pre-existing Marinas and
Boatyards in Residential Districts
WHEREAS, the Town Board has considered the amendment of Chapter 330-137.1 (G)
(Reconstruction or Expansion of Pre-existing Marinas and Boatyards in Residential Districts)
of the Town Code of the Town of Southampton seeking to correct an omission; and
WHEREAS, the Town Board held a public hearing on the subject amendment on April 14th,
2020, where the special exception standards enacted by local law no. 13 incorrectly omit
the specification “feet in height” for vegetative screening; and
WHEREAS, the subject amendment of Chapter 330-137.1 (G) (Reconstruction or Expansion
of Pre-existing Marinas and Boatyards in Residential Districts) 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. 4 of 2020 is hereby adopted as follows:
LOCAL LAW NO. 4 OF 2020
A LOCAL LAW amending Chapter 330-137.1 G (2) (a) of the Code of the Town of
Southampton to correct an omission of local law 13 of 2018 and include "feet in height", to
the specification that requires vegetative screening.
BE IT ENACTED by the Town Board of the Town of Southampton as follows:
SECTION 1. Legislative Intent.
th
On June 26 of 2018, the Town of Southampton adopted local law no. 13 of 2018 to amend
§ 330-10 (Table of Use Regulations) and establish special exception standards for the
renovation and expansion of pre-existing marinas and boatyards in residential districts.
The special exceptions standards stated in Chapter 330-137.1 G (2) (a) inadvertently
omitted specific language describing the height of the required screening along the adjoining
street right-of-way.
The proposed legislation seeks to correct the omission in § 330-137.1 G (2) (a) so the
standard is clear.
SECTION 2. Amendment
Chapter § 330-137.1 G (2) (a) of the Southampton Town Code is hereby amended by
adding the underlined words as follows:
G. The following minimum required transitional yards and screening shall be provided
within the nonresidential property in order to assure orderly and compatible
relationships along certain boundary lines:
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Southampton Town Board - Letter Board Meeting of June 23, 2020
(2) Adjoining street right-of-ways. The minimum required transitional front yard shall
be 20 feet, unless the Planning Board finds for aesthetic and safety reasons that
additional area is necessary.
(a) The minimum required screening within such transitional yards cited
above shall be landscape plantings, including evergreen shrubs not less
than three feet in height and street trees meeting Town specifications.
Any fencing proposed greater than six-feet, as deemed appropriate by the
Planning Board shall require landscaping located between the fence and
the public right-of-way.
SECTION 3. Authority.
The proposed Local Law is enacted pursuant to §10 of Municipal Home Rule Law and
§130(1) of New York State Town Law.
SECTION 4. 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 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 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 April 14, 2020, the Town Board, at their meeting of June 23, 2020
adopted LOCAL LAW NO. 4 OF 2020 as follows: “A LOCAL LAW Chapter 330-137.1 G (2) (a)
(Reconstruction or Expansion of Pre-existing Marinas and Boatyards in Residential Districts)
of the Code of the Town of Southampton to correct an omission of local law 13 of 2018 and
include "feet in height", to the specification that requires vegetative screening.”
Summary of Proposed Law
A LOCAL LAW amending Chapter 330-137.1 G (2) (a) of the Code of the Town of
Southampton to correct an omission of local law 13 of 2018 and include "feet in height", to
the specification that requires vegetative screening as per the conditions and standards for
the Reconstruction or Expansion of Pre-existing Marinas and Boatyards in Residential
Districts.
Copies of the local law, sponsored by Councilman John Bouvier, 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
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Southampton Town Board - Letter Board Meeting of June 23, 2020
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: John Bouvier, Councilman
SECONDER: Julie Lofstad, Councilwoman
AYES: Schneiderman, Lofstad, Martel, Bouvier, Schiavoni
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Southampton Town Board - Letter Board Meeting of June 23, 2020
TOWN BOARD RESOLUTION 2020-580 Item # 7.43
ADOPTED DOC ID: 34298 A
Notice of Public Hearing to Consider (i) Repealing Town Code
Section 330-248 (Q) (“RTW Residential Planned Development
District (RTWRPDD))" in its Entirety, and (ii) Amending the
Zoning Map to Revert Two Corresponding Parcels to their Prior
Zoning Classification of Highway Business (HB), in the Hamlet of
Hampton Bays
RESOLVED, that the Town Board of the Town of Southampton hereby directs that a public
hearing shall be held on Tuesday, July 14, 2020, 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 (i) repealing Town Code §330-248(Q)(RTW
Residential Planned Development District (RTWRPDD)) in its entirety, and (ii) amending the
Zoning Map to revert the zoning of two corresponding parcels, that is, SCTM #900-253-1-
22 and #900-253-1-23, back to their prior zoning classification of Highway Business (HB),
in the hamlet of Hampton Bays,” which provides as follows:
LOCAL LAW NO. OF 2020
A LOCAL LAW (i) repealing Town Code §330-248(Q)(RTW Residential Planned Development
District (RTWRPDD)) in its entirety, and (ii) amending the Zoning Map to revert the zoning
of two corresponding parcels, that is, SCTM #900-253-1-22 and #900-253-1-23, back to
their prior zoning classification of Highway Business (HB), in the hamlet of Hampton Bays.
BE IT ENACTED by the Town Board of the Town of Southampton as follows:
SECTION 1. Legislative Intent.
On June 26, 2007, by Local Law No. 33 of 2007, the Town Board of the Town of
Southampton authorized and implemented Town Code §330-248(Q), known as the RTW
Residential Planned Development District (RTWRPDD). This PDD converted the land of
RTW Associates, LLC, identified as SCTM #900-253-1-22 and 23, and consisting of
approximately 8.24 acres, from Highway Business (HB) to a Residential Planned
Development District (RPDD) in order to allow the construction of a 50-unit age-restricted
(55 yrs. and over) housing development.
Subsequent to this approval, and based upon the applicant’s request, the Town Board,
following a public hearing, granted the applicant an extension of time pursuant to Town
Code §330-244(J), to extend the expiration date of the PDD to February 13, 2020. Despite
this extension however, no work at the subject premises ever commenced, and the
RTWRPDD designation has expired. Based upon these circumstances, the applicant no
longer seeks to extend or develop the property pursuant to its PDD approvals. Thus, in an
effort to create certainty as to the zoning classification of the subject premises, the
applicant is seeking to revert the zoning of the subject parcels, that is, SCTM #900-253-1-
22 and 23, back to the underlying Highway Business (HB) zoning, as directed by Town
Code 330-244(J), which states, in relevant part, “in the event of an expiration of approval,
the PDD may, after proper notice and a public hearing, revert to its prior zoning
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Southampton Town Board - Letter Board Meeting of June 23, 2020
classification, and the Town Clerk shall amend the official copy of the Zoning Map in
accordance therewith.”
From the Town’s perspective, it is important to note that, by Local Law 16 of 2017, the
Town Board eliminated PDDs as a zoning tool for all applications made after June 6, 2016.
And while the Town Board recognizes the loss of the potential for 15 community benefit
(affordable) units, among the 50 total senior units that were to be developed in the
RTWRPDD and counted within the GEIS and Hamlet-wide Build Out Assessment, it also
recognizes that the recently enacted Hampton Bays Downtown Overlay District (HBDOD)
contemplates increased density within the Hamlet Center, and includes provisions for a mix
of retail stores, service-related businesses, restaurants, and workforce and senior housing
options, which can fill this need. To that end, the Highway Business (HB) classification
remains comprehensive in the subject location, and reclassifying the parcels as HB will
designate them for low-traffic generating uses including, but not limited to, certain
transient services, offices and wholesale facilities, as outlined within Town Code §330-33,
the Business Districts Table of Use Regulations.
SECTION 2. Amendment.
Town Code Chapter 330-248(Q), RTW Residential Planned Development District
(RTWRPDD), is hereby repealed in its entirety by deleting the stricken words and adding
the underlined words as follows:
Q. RTW Residential Planned Development District (RTWRPDD). Reserved.
(1) Purpose and objectives.
(a) The RTW Residential Planned Development District (RTWRPDD) is designed to
accomplish the findings, purposes, and long-term goals established by the Town
Board as part of Article XXVI (Planned Development District) of the Code of the Town
of Southampton, and specifically those established for a residential planned
development district. The RTWRPDD provides an alternative type of residential
housing for senior citizens. The Town Board of the Town of Southampton recognizes
that Southampton has a high percentage of senior citizens and, given present
economic factors impacting many seniors, including but not limited to fixed incomes,
physical restrictions, and the rapidly accelerating costs of maintaining a single-family
residence, the Town Board deems it necessary to provide for such housing within the
Town. The RTWRPDD also facilitates the use of public transportation, as the site is
situated along a public bus route and will incorporate the construction of a bus
shelter on the Montauk Highway Corridor as one of the public benefits.
(b) The RTWRPDD also supports implementation of the 1999 Town of Southampton
Comprehensive Plan Update and the 1999 Hampton Bays Hamlet Study in that it (a)
increases the amount of affordable housing for senior citizens in the Town, not only
for moderate-income seniors, but also for middle-income seniors that are priced out
of the market, (b) creates affordable housing that is in keeping with the historic,
architectural, and natural qualities of the Town, (c) maintains the residential
character of the hamlet of Hampton Bays, and (d) helps to retain the visual
continuity along this portion of the Corridor by providing substantial landscaping.
(c) The RTWRPDD provides an alternative housing type in the form of multi- units,
and much-needed affordable senior housing in the form of community benefit units,
as that term is defined in Chapters 216 and 330 of the Code of the Town of
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Southampton Town Board - Letter Board Meeting of June 23, 2020
Southampton. The RTWRPDD development shall be designed to incorporate various
features appropriate for senior lifestyles as well as "traditional neighborhood design"
and "smart growth" principles, including (a) providing centralized common
areas/Village green(s), around which the residential units will be situated, thereby
providing places for the residents to gather and/or engage in recreational activities,
(b) constructing sidewalks throughout the development, on-street parking and rear-
facing garages to facilitate compact development, (c) providing connections to public
transportation and future pedestrian cross access for adjacent uses, and (d) provide
building designs that are residential in character, well articulated but not overly
exaggerated, that incorporate the traditional architectural features characteristic of
the Town of Southampton (including front porches and gabled roofs for all
condominium units). In addition, the RTWRPDD shall provide a sewage treatment
facility that meets Suffolk County Health Department standards to protect
groundwater resources. By enabling a density of approximately six units per acre,
the RTWRPDD will be able to provide multi-unit housing opportunities in a creative,
desirable, and aesthetic design, that will help achieve both the affordable and senior
housing goals of the Town. Moreover, the RTWRPDD provides these housing
opportunities in a manner that is considered transitional, beneficial and compatible
with the surrounding land uses.
(d) Based on the foregoing, the RTWRPDD provides public benefits through (a) the
provision of 15 community benefit units, among the 50 total units to be developed,
with the first offering of all units, including market-rate units, exclusively to residents
of Hampton Bays and East Quogue for a six-month period; (b) the construction of
sidewalks and, where appropriate, pedestrian trails internally throughout the
community; (c) the construction of internal streets that are lined with deciduous
trees and provide parallel parking to reflect traditional neighborhood design (TND)
standards (d) the construction of new sidewalks along the entire frontage of Montauk
Highway to connect to the existing sidewalks to the east, to include the installation of
street trees to screen the pedestrian from the highway (where permissible by the
Suffolk County Department of Public Works) (e) upgrading (repair) of the existing
sidewalks to the east that this development will connect to in order to provide a
continuous walkway to the nearby shopping center (f) retain and augment the
existing vegetation along the entire frontage to provide year-round visual screening
and continuity along this stretch of corridor as well as substantial interior and
perimeter plantings; (g) construction of a cedar-clad bus shelter along Montauk
Highway in front of the site to facilitate use of public transportation; (h) contribution
of park fee representing $1,000 per market-rate unit (total of $35,000) to the Town
to facilitate additional recreational amenities for the community of Hampton Bays; (i)
contribution of a traffic preemption (total of $15,000) to facilitate ambulance and fire
service response to the subject property; (j) installation of fire sprinklers within all
residential buildings to enhance life-safety (noting that the cost of said installation is
offset by reducing the number of Pine Barren Credits or TDRs required from four
down to two); (k) transfer of two development rights or Pine Barrens credits within
the Hampton Bays School District or cash-in-lieu thereof in order to achieve the
goals of PDD legislation by offsetting increases in density and providing open space.
\[Amended 11-10-2009 by L.L. No. 45-2009\]
(e) As indicated above, establishment of the RTWRPDD helps implement the overall
goals and recommendations of the 1999 Town of Southampton Comprehensive Plan
Update. Specifically, the RTWRPDD:
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Southampton Town Board - Letter Board Meeting of June 23, 2020
\[1\] Promotes an efficient and purposeful use of vacant land;
\[2\] Creates a planned residential community that provides senior housing to
address the social and economic needs of the older residents of the hamlet of
Hampton Bays and the overall needs of the Town of Southampton;
\[3\] Increases the amount of senior and affordable housing in the Town and
helps to disperse it throughout the Town;
\[4\] Provides affordable housing that is in keeping with the historic,
architectural, and natural qualities of the Town, and does not stigmatize the
residents of such housing;
\[5\] Establishes innovative land use and zoning standards;
\[6\] Allows development of a community wherein the housing type, layout and
arrangement encourages the creation and preservation of a sense of place,
pride, and values;
\[7\] Effectively protects groundwater resources by providing a sewage
treatment system;
\[8\] Provides open space;
\[9\] Encourages comprehensive and innovative planning and design of the
highest quality; and
\[10\] Encourages the use of public transportation.
\[11\] Preserves open space and implements the Central Pine Barrens Plan
through transferring Pine Barren credits or development rights or contributing
the cash equivalent based upon fair market value for municipal purchase to
accomplish same.
\[12\] Incorporates design standards in the interest of "aging-in-place" and
independent-living/life-safety enhancements appropriate for higher-risk
occupancies, such as age-restricted housing.
(2) District boundary. The Hampton Bays West Residential Planned Development District
shall consist of two parcels designated as Suffolk County Tax Map Nos. 0900-253-1-
22 and 0900-253-1-23, comprising approximately 8.24 acres located on the north
side of Montauk Highway (C.R. 80), approximately 140 feet east of Allomara Road,
south side of LIRR, Hampton Bays, Town of Southampton, Suffolk County, New York,
as shown on surveys prepared by Jacob Buckheit of Dolliver Associates (survey of
253-1-22 dated November 27, 2000, and revised August 15, 2002; survey of 253-1-
23 dated May 17, 1982, and revised November 27, 2000) and more particularly
described as all that certain plot, piece or parcel of land situate, lying and being in
Hampton Bays, Town of Southampton, County of Suffolk and State of New York,
bounded and described as follows:
(a) Parcel 1: BEGINNING at a point in the northerly line of Montauk Highway, distant
from the intersection of the northerly line of Montauk Highway with the southerly line
of land of the Long Island Railroad Company, the following four courses and
distances along the said northerly line of Montauk Highway:
\[1\] South 45 degrees 13 minutes 20 seconds west, a distance of 71.35 feet;
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Southampton Town Board - Letter Board Meeting of June 23, 2020
\[2\] South 51 degrees 29 minutes 20 seconds west, a distance of 975.57 feet;
\[3\] South 61 degrees 5 minutes 30 seconds west, a distance of 580.28 feet;
\[4\] South 78 degrees 32 minutes 0 seconds west, a distance of 1191.05 feet;
RUNNING THENCE from said point of BEGINNING, along the northerly line of
Montauk Highway, South 78 degrees 32 minutes 00 seconds West, a distance
of 331.21 feet to land now or formerly of William W. Hubbard;
THENCE along said land now or formerly of William W. Hubbard, North 11
degrees 28 minutes West, a distance of 661.14 feet to land of the Long Island
Railroad Company;
THENCE along said land of the Long Island Railroad Company, North 78
degrees 37 minutes East a distance of 331.21 feet to other land now or
formerly of William H. Hubbard;
THENCE along said other land now or formerly of William W. Hubbard, South
11 degrees 28 minutes East, a distance of 660.64 feet to the point or place of
BEGINNING.
(b) Parcel 2: BEGINNING at a point in the Northerly line of Montauk Highway which
is a distance of 937.29 feet Eastwardly form the Easterly line of the New York State
Parking Area, which lies opposite or near opposite Jones Road;
AND FROM said point of beginning running thence North 11 degrees 28 minutes West
661.45 feet (deed) 661.37 (actual) to land now or formerly of Long Island Railroad
Company;
THENCE along said land now or formerly of Long Island Railroad Company North 78
degrees 37 minutes East 212.46 feet to land now or formerly of Depak Realty
Assoc.;
THENCE along said land now or formerly of Depak Realty Assoc., South 11 degrees
28 minutes East 661.14 feet (deed) 661.06 (actual) to the northerly line of Montauk
Highway;
THENCE along the Northerly line of Montauk Highway, South 78 degrees 32 minutes
00 seconds West, 212.46 feet to the point or place of BEGINNING.
(3) Permitted uses within the RTWRPDD may include the following uses only subject to
review and approval by the Planning Board and compliance with all applicable laws,
rules and regulations:
(a) Multifamily dwellings, single-family townhouses, duplexes, attached
condominiums, manor houses, zero-lot-line residences and other multiple dwellings
in a single building.
(b) Parking areas, attached or detached garages.
(c) Sewage treatment facility (Chromaglass or similar as approved by the Suffolk
County Department of Health Services), to be accessory to the planned
development, subject to review and approval from the Suffolk County Department of
Health Services.
(d) Fences, arbors, trellis, walkways, decks and patios, provided same are subject to
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site plan review and approval by the Planning Board.
(e) Permitted buildings, structures and accessory uses for the residents and their
guests and customarily incidental to the primary use:
\[1\] Park area to include passive recreational facilities such as: benches and
picnic areas; gazebo.
\[2\] Park area to include active recreational facilities such as golf putting green
or similar; pedestrian trails; exercise trails, etc.
\[3\] A community building with indoor/outdoor recreational facility such as a
community swimming pool, and scooter recharge area.
\[4\] Bus shelter.
(4) Dimensional regulations. The following bulk, area, height and dimensional
regulations shall apply within the RTWRPDD. Notwithstanding any provision in this
chapter to the contrary, the Planning Board may, through the site plan review
process, modify the standards required herein, provided that: no significant adverse
environmental impact to the property or its surroundings will occur, the change is
considered minor, and the modification would better achieve the goals and objectives
described within the legislative intent and this section.
(a) Lot area, minimum: 8.24 acres.
(b) Maximum lot coverage by main and accessory buildings: 20%.
(c) Maximum building size:
\[1\] Manor house (two to four units): 6,000 square feet.
\[2\] Apartment house (five to 10 units): 12,000 square feet.
\[3\] Recreation building (floor area): minimum 10 square feet indoor space per
unit, maximum 74 square feet per dwelling unit (footprint of 2,500 square
feet; maximum gross floor area of 3,700 square feet).
\[4\] Detached garages (two car): 565 square feet maximum.
(d) Minimum lot area per dwelling unit: 7,150 square feet.
(e) Maximum total impervious surface area: 50%.
(f) Height, maximum:
\[1\] Stories: two.
\[2\] Feet: 32.
(g) Yards, principal building, minimum:
\[1\] Frontage/Building setback from Montauk Highway: 80 feet.
\[2\] Front (internal streets): 30 feet.
\[3\] Side (perimeter of site): 40 feet.
\[4\] Side (internal), minimum for one: 0 feet middle units; 10-foot minimum
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Southampton Town Board - Letter Board Meeting of June 23, 2020
for end units.
\[5\] Side (internal), total: 30 feet.
\[6\] Side (abutting internal street on corner lot): 30 feet.
\[7\] Rear (perimeter): 50 feet.
(h) Yards, accessory buildings and structures, including detached garages, except
fences and retaining walls:
\[1\] Distance from (internal) street: 40 feet.
\[2\] Distance from (perimeter) side and rear lot lines: 10 feet.
(i) Buffer yards:
\[1\] A buffer yard with a minimum width of 65 feet shall be established along
the entire property line fronting Montauk Highway with the exception of the
required site and emergency access locations and bus shelter. The natural
vegetation within this buffer shall be retained and augmented as determined
by the Planning Board. Landscaping shall be staggered, and of sufficient
height to fully diffuse and screen the mass and scale of the development from
street view year-round. The term “sufficient height” shall mean deciduous
trees no less than 3 1/2-inch caliper diameter and a variety of evergreen
trees a minimum of 6 feet in height. \[Amended 11-10-2009 by L.L. No. 45-
2009\]
\[2\] A buffer yard of a minimum width of 30 feet shall be provided along all
side and rear property lines. Other landscaping requirements shall be
implemented by the Planning Board as outlined in Subsection Q(7)(d)\[10\].
\[3\] The Town Planning Board may increase or decrease the depth of a
required buffer yard based upon findings that such an increase or decrease is
warranted as a result of an analysis of existing on-site or off-site uses or
dimensional conditions pertaining to the subject property or adjoining
properties. In no case shall the front buffer yard be less than 50 feet.
(j) Porches:
\[1\] Depth: eight feet minimum.
\[2\] Width: 10 to 12 feet.
\[3\] Height (from grade): 24 inches maximum.
(5) Yield and unit size.
(a) The total number of dwelling units within the RTWRPDD shall not exceed 50.
(b) The size of the market-rate units shall be limited to a maximum total gross floor
area of 1,800 square feet and a minimum total gross floor area of 1,000 square feet,
exclusive of basements, garages, and attics, if any.
(c) The size of the 15 community benefit units shall be limited to a maximum total
gross floor area of 1,200 square feet and a minimum total gross floor area of 1,000
square feet, exclusive of basements, garages, and attics, if any.
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Southampton Town Board - Letter Board Meeting of June 23, 2020
(d) The total amount of bedrooms on site shall not exceed 100. Bedroom mix may
vary from one to three between market-rate units; however, all of the 15 community
benefit units shall have two bedrooms.
(6) General development standards. To ensure consistency with the findings, purpose,
goals, and general development standards established for planned development
districts, all development shall conform to §§ 330-240 and 330-245 of the Code of
the Town of Southampton.
(7) Specific development standards.
(a) A revised site plan must be submitted to the Town of Southampton Planning
Board for review, refinement and approval pursuant to § 330-243B and §§ 330-
181 through 330-184.1 of the Town Code of the Town of Southampton. Except
for the elimination of the berm and the retention and augmentation of the
existing vegetation within the 65-foot-wide buffer along Montauk Highway, the
proposed development shall be consistent with the conceptual plan entitled
"Arborview at Tiana" prepared by A. Sutton dated March 21, 2005, and last
revised April 7, 2006, subject to revisions that conform to dimensional
requirements and other performance standards outlined herein. \[Amended 11-
10-2009 by L.L. No. 45-2009\]
(b) The Town of Southampton Planning Board, in reviewing and approving a final
site plan, shall ensure that the plan conforms to the requirements and intent of
the RTWRPDD.
(c) All construction shall be subject to the review of the Board of Architectural
Review, pursuant to Article XIX of this chapter, or its successor. The design and
location of all site improvements and all buildings must be consistent with the
ultimate purpose of achieving independent, self-reliant and pleasant living
arrangements for older persons as outlined herein.
(d) Site plan elements.
\[1\] Architecture and design. Building construction and design shall reflect
traditional hamlet architecture, with consideration being given to the special
character of Southampton as a rural and resort community.
\[a\] Requirements. Buildings shall have a common design theme that
provides variety and character within the project. The design shall
maintain proportional scale and massing with details appropriate to the
architectural style emulated. In the choice of exterior finishes, care
shall be taken to avoid the appearance of a development in which all
units appear exactly the same. Walls and roofs shall include
separations, changes in plane and height, and architectural elements
such as porches, dormers, and cross-gables. Techniques for complying
with this requirement include, but are not limited to:
\[i\] Facade modulation (e.g., stepping back or extending forward
portion of the facade for each interval) to minimize bulk and
massing of buildings;
\[ii\] Articulating each interval with architectural elements such
as porches, balconies, bay windows, etc.;
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\[iii\] Articulating the roof line by stepping the roof and by
emphasizing dormers, chimneys, or gables; and
\[iv\] Providing a ground- or wall-mounted fixture, a trellis, a
tree, or other site feature within each interval.
\[b\] Exterior. Facades of dwelling units shall be designed to avoid
monotony and blank walls. The exterior of the dwelling units shall be
constructed with Hardi-Plank or similar quality material.
\[c\] Porches. Covered porches consistent with the dimensional
regulations provided in Subsection Q(4)(j)\[1\] through \[3\] shall be
provided for all units on the first floor.
\[d\] Detached garages. The Planning Board shall limit the amount of
"extra" detached garages when internal garages have been provided.
In no case shall any detached garage cause the site to exceed
impervious surface area percentage requirements or compromise any
perimeter buffer areas.
\[e\] Energy. To the maximum extent practicable, the Planning Board
shall assess energy conservation measures that may be appropriate
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for incorporation into building and site designs (e.g., Energy Star in
market-rate units, water conservation/low-flow irrigation, etc.).
\[f\] Noise. During site plan review, the Planning Board shall assess and
determine the need for noise attenuating structures and/or building
materials. The Planning Board may require a notification covenant for
residents of this development to be advised of potential noise from
preexisting uses surrounding the site.
\[2\] Privacy.
\[a\] Buildings shall be oriented for privacy, to the extent practicable,
both within the project and in relation to the surrounding properties.
Techniques for complying with this requirement include, but are not
limited to: \[i\] Facade modulation (e.g., stepping back or extending
forward portion of the facade for each interval) to minimize bulk and
massing of buildings;
\[i\] Reducing the number of windows or decks on the proposed
building which overlook the neighbors;
\[ii\] Staggering windows to avoid aligning with adjacent
windows;
\[iii\] Increasing the side or rear yard setback, or stepping back
the upper floors so that window areas are farther from the
property line.
\[iv\] Any proposed fencing shall be part of a coordinated plan for
the entire site and consistent with § 330-109.
\[v\] Gatehouse or driveway entrance gates shall not be
permitted.
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\[b\] In addition to the above, each housing unit shall be oriented
toward an internal street or common green, with primary entrances
and porches facing these features.
\[3\] General floor plan and site design objectives. To the extent that the
proposed floor plans affect external appearance and unit circulation under
ADA and similar requirements, floor plans shall be reviewed by the Planning
Board with referral to the Architectural Review Board to determine compliance
with the standards outlined herein and to obtain any additional
recommendations that will help to maximize functionality, privacy, and
layout/arrangement objectives for persons to safely "age in place" as follows:
\[a\] Accessibility. The development shall conform to the provisions of
the Americans with Disabilities Act (ADA) and the Fair Housing Act
(FHA) by implementing the American National Standards (ANSI) for
buildings and facilities providing accessibility and usability for
physically handicapped persons. To this end, the Planning Board shall:
\[i\] Ensure that construction and arrangement of each dwelling
unit is done in a cost-effective yet dignified and pleasant
manner, assuring a convenient, safe, and secure environment
for all persons residing in such development, whether active or
physically challenged, youthful or elderly.
\[ii\] Ensure that all designs allow for future renovations, if
needed, to meet the requirements for accessibility pursuant to
the ADA.
\[b\] Universal design. Residential units, to the extent practicable, shall
incorporate visitable and adaptable design concepts by conforming to
the supplemental design requirements listed in Chapter 123, Article IV,
Universal Design, including, but not limited to:
\[i\] Due consideration shall be given in planning walks, ramps,
and driveways to prevent slipping or stumbling, and handrails
and ample places for rest shall be provided. Gradients of walks
shall not exceed 5% and single-riser grade changes in walks
shall not be permitted, unless it is impractical to do so because
of terrain or unusual characteristics of the site.
\[ii\] All outdoor areas available to residents shall permit such
residents to move about without danger and with minimum
effort.
\[c\] Life-safety requirements.
\[i\] In accordance with the recommendations of the Hampton
Bays Fire District, all attached dwelling units shall be equipped
with fire sprinklers as per the National Fire Protection
Association NFPA Life-Safety residential code.
\[ii\] All basements, if any, shall have outside entrances;
however, units shall comply with the two-story height
limitation.
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Southampton Town Board - Letter Board Meeting of June 23, 2020
\[iii\] Coordination with the Hampton Bays Fire District is
required in the event that a central alarm system is proposed
for installation.
\[iv\] All staircases in two-story units shall be straight-runs so as
to facilitate extraction needs for emergency medical service
providers and the comfort and convenience of occupants
requiring medical attention.
\[v\] All units shall be equipped with an emergency pull cord.
\[vi\] The recreational facility ("clubhouse") shall be provided
with an automatic defibrillator (AED), and the site plan shall
ensure adequate parking area reserved for emergency services
adjacent to the clubhouse area.
\[vii\] Common attics and basements or crawl spaces shall be
prohibited.
\[viii\] Fire hydrants shall be required in such number and
location as determined by the Planning Board during site plan
review, after referral to the Fire Marshal and fire district having
jurisdiction.
\[4\] Utilities and services.
\[a\] Water supply and sewage disposal. The RTWRPDD development
shall be served by public water. All necessary approvals shall be
obtained from the Suffolk County Department of Health Services for
sewage disposal, and water supply. For the purpose of fire protection,
the Planning Board shall solicit comments and review from the Fire
Marshal pursuant to § 330-184C.
\[b\] A looped water main shall be designed in accordance with the
specifications of the Hampton Bays Water District. Easements
necessary for maintenance of the system required shall be specified by
the Planning Board during site plan review.
\[c\] Drainage. Stormwater drainage systems shall be designed so that
all potential runoff will be recharged on-site. The calculation of
stormwater retention and the design of the drainage system shall be
subject to review and approval of the Town Engineer.
\[d\] Refuse storage and collection. Plans for the storage and collection
of refuse shall be subject to Planning Board approval. The outside
storage of refuse shall be in rodentproof containers conveniently
located and enclosed or otherwise screened from view. Such facilities
shall comply with all setback requirements applicable to accessory
buildings, and be fully screened. Regular trash collection shall be
required. The Planning Board may impose additional covenants to
ensure property maintenance and upkeep where necessary.
\[e\] Utilities and screening of appurtenances on building facades. All
utilities, including electric, telephone and cable television service, shall
be placed underground. Utility meters and other appurtenances shall
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Southampton Town Board - Letter Board Meeting of June 23, 2020
be screened by lattice enclosures and/or landscaping to soften
appearance. Condensing units and other mechanical systems shall
likewise be screened, to be determined by the Planning Board.
\[5\] Other conveniences.
\[a\] Laundry. Each unit shall contain a washer and dryer.
\[b\] Mailboxes. Each unit may have a private mailbox or a common
mailbox facility may be located in a convenient area for occupant
retrieval as well as postal delivery.
\[c\] Cable television. Each unit shall be wired for cable television and
Internet access.
\[6\] Common open space. In order to provide focal points for community
recreation and interaction that adds to the overall quality of life for residents,
common open space areas shall be integrated purposefully into the overall
design and not be residual areas left over after buildings and parking lots are
sited, as follows:
\[a\] The minimum amount of common open space shall be 300 square
feet per unit.
\[b\] Open space areas shall be clearly identified on the site plan
submitted for review and approval by the Planning Board. Such
designated open space may be in a natural, undisturbed state; be
landscaped for more formal courtyards or plazas; or may be designed
for active and passive recreation.
\[c\] Areas not allowed as part of common open space. The following
shall not count toward common open space set-aside requirements:
\[i\] Private yards, balconies, patios, decks or other similar
appurtenance dedicated for use by a specific unit;
\[ii\] Public right-of-way or private streets and drives;
\[iii\] Open parking areas and driveways for dwellings;
\[iv\] Land covered by structures, except for ancillary structures
associated with the use of the open space such as gazebos and
picnic shelters or recreational facilities as provided in
Subsection Q(7)(f) below;
\[d\] Land areas between buildings and parking lots or driveways of less
than 40 feet;
\[e\] Required perimeter setbacks; and
\[f\] Detention/retention facilities, including drainage swales, except that
detention or retention areas and stormwater management structures
or facilities may be determined by the Planning Board to meet the
required common open space amount, provided such areas or facilities
are accessible and useable as year-round community amenities by the
residents of the development (e.g., picnic areas, passive recreation
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Southampton Town Board - Letter Board Meeting of June 23, 2020
areas, etc.) and will not cause detriment to the health, safety and
welfare of the residents.
\[g\] Design criteria. Common open spaces, other than those preserved
as natural features or areas, should include gardens, courtyards, or
recreation areas. Compliance with this requirement may include
providing the following features:
\[h\] Seasonal planting areas and/or community gardens.
\[i\] Large, deciduous and/or flowering trees.
\[j\] Seating.
\[k\] Gazebos or other decorative shelters.
\[l\] On-site recreation facility (clubhouse).
\[7\] Recreational facilities. An on-site community recreational building
designed in accordance with the dimensional requirements outlined in
Subsection Q(4)\[c\]\[3\] herein and any other applicable standard regarding
siting, materials, etc. may be counted toward the common open space
requirement as set forth in Subsection Q(7)(d)\[6\]\[a\] above.
\[8\] Private outdoor space. Each individual dwelling unit shall be provided with
a private outdoor space in the form of a patio, terrace, garden, courtyard,
deck or balcony, which space shall be immediately adjoining and directly
accessible to the dwelling unit which it serves. To avoid the possibility of
disparate building materials that may affect the appearance of the overall
development, all private outdoor spaces shall be subject to review and
approval by the Planning Board as part of the site plan submission for the
entire development. Said review may provide for approval of a palette of
options the homeowners will choose from (deck, patio, etc.) and specifications
for installation (e.g., setbacks for decks, etc.).
\[9\] Pedestrian circulation. Pathways shall be utilized throughout the
development to connect all housing units to the community open space areas
and active and passive recreation areas. Pathways shall be sufficiently wide to
accommodate walkers, joggers, and bicyclists and should be easily accessed
from all housing units. Park benches and suitable resting places along
pedestrian pathways and walking trails may be provided to encourage
outdoor activity and active lifestyles for seniors. A comprehensive and unified
pedestrian and bicycle access and circulation plan shall be submitted in
conjunction with the final site plan, to include provisions for future cross-
access (pedestrian and bicycle paths) with adjacent properties.
\[10\] Landscaping. The applicant shall be required to prepare and submit a
comprehensive landscape plan for review and approval by the Planning Board,
including but not limited to the following:
\[a\] Landscaping to augment the natural vegetation to be retained
within the buffer along Montauk Highway and appropriate low-lying
vegetation for the central village green/open space areas. \[Amended
11-10-2009 by L.L. No. 45-2009\]
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\[b\] A landscape planting area shall be provided next to all sidewalks
throughout the development and planted with deciduous street trees
at a consistent spacing (minimum: 22 feet on-center; maximum: 35
feet on-center). Corner intersections shall be landscaped with street
trees, shrubs and appropriate ground cover.
\[c\] The Planning Board may require submission of a tree preservation
and limits of clearing plan to preserve existing large-caliper trees (if
any) and buffer vegetation on-site prior to construction. Where
appropriate, buildings shall be sited to retain/minimize impacts to any
existing large-caliper trees.
\[11\] Exterior lighting. A lighting plan shall be submitted for review and
approval as part of the overall plan submission for the development. A
lighting plan shall include the type, height, location, and illumination coverage
all proposed exterior lighting. Site lighting shall be provided along walkways
throughout the project that is pedestrian-scale, and low in height and
intensity, as well as security lighting in parking areas and trail/recreational
areas.
\[a\] Lighting fixtures shall have a maximum height of 12 feet; shorter
pedestrian-scaled lighting with a maximum height of 10 feet is
preferred where sidewalks are present.
\[b\] All outdoor lighting fixtures shall be of a type containing shields,
reflectors, fracture panels or recessed light sources such that the
cutoff angle is less than 90°. The cutoff angle is an angle formed by a
line perpendicular to the ground and a line drawn from the light source
in the direction of light rays.
\[c\] All new or replacement permanent outdoor luminaires shall be
required to be fully shielded and energy-efficient. Any structural part
of the light fixture providing this shielding must be permanently
affixed.
\[d\] All outdoor lighting shall be designed, located, lamped, and
directed to prevent light pollution, including excessive lighting, glare,
light trespass, and skyglow.
\[e\] The permitted illumination average shall be calculated in
footcandles and measured for the required area only.
\[f\] The maximum maintained illumination average shall not exceed 2.0
footcandles. The minimum maintained illumination average shall not
be less than 0.5 footcandle.
\[12\] Parking.
\[a\] Pursuant to § 330-94, the RTWRPDD development shall use the
parking calculation of 1.5 spaces per dwelling unit and shall include a
sufficient amount of handicap-accessible spaces.
\[b\] Internal and detached garages may be used in the parking count
determination.
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\[c\] To the maximum extent practicable, the site plan shall utilize
parallel on-street parking. The Planning Board may prohibit parking in
every other parking stall so that maneuvering into parallel parking
stalls is simplified.
\[d\] All on-street parking shall be designed in coordination with
sidewalks and street trees at regularly spaced intervals.
\[e\] Alleys may be utilized where appropriate to provide access to
parking facilities located in the rear or side yard or behind buildings.
\[f\] Where provided, small parking lots shall include trees and
appropriate groundcover, to be located in internal planting islands or
along the perimeter of the parking lot.
\[g\] Where appropriate, parking spaces may be designed at a larger
than average width to accommodate senior needs.
\[h\] Parking spaces shall in no case be considered an "extra" or an
"upgrade" for any dwelling unit in the development.
\[13\] Signage. All residential identification signage shall be consistent with
Article XXII (Signs) of the Town Code.
(e) Community benefit units. There shall be maintained on the premises at all times,
subject to the resale provisions of Chapter 216, 15 community benefit units. The
community benefit units will be available for eligible households meeting the age
restriction criteria as set forth in Subsection Q(7)(e)\[3\]\[a\] through \[c\] below,
earning up to 120% of the median family income for a family of that size as
promulgated for the Nassau-Suffolk primary metropolitan statistical area as
published by the Department of Housing and Urban Development (HUD).
\[1\] Units reserved. At least 15 dwelling units shall be set aside as units for
moderate- and middle-income households in conformance with Chapter 216
and the Nassau-Suffolk primary metropolitan statistical area as published by
the Department of Housing and Urban Development (HUD). The objective of
this development is to provide 10 dwelling units as units for moderate-income
households, and five dwelling units for middle-income households; however,
distribution shall be determined by the pool of qualified applicants meeting
program requirements and therefore may be subject to change upon
verification of the Town or its agent, pursuant to Chapter 216. \[Amended 8-
12-2008 by L.L. No. 47-2008\]
\[2\] Eligibility. All sustainable affordability, eligibility and assessment
provisions, standards and/or procedures for the sale and/or resale of the
community benefit units shall be subject to and in conformance with Chapter
216, and covenants and restrictions shall be filed on the premises reflecting
the mandates of Chapter 216 and this section.
\[3\] Priority of households. The Town or its agent shall determine from the list
of applicants who have received certificates of eligibility, to the extent
permitted by federal and state funding programs, the priority of households,
which will be as follows:
\[a\] Income-eligible, bona fide residents of the Hamlet of Hampton
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Southampton Town Board - Letter Board Meeting of June 23, 2020
Bays, 55 years or older, in accordance with standards established by
the Town or its agent.
\[b\] Income-eligible, bona fide residents of the Town of Southampton,
55 years or older, in accordance with standards established by the
Town or its agent.
\[c\] All other income-eligible applicants 55 years or older.
\[4\] Initial sales price. The first offering of the community benefit units shall be
through a lottery coordinated with the Town or its agent. The maximum initial
sales price for an applicant with a certificate of eligibility shall be determined
in accordance with the "formula multiplier" as set forth in Town Code Chapter
216 and by Town Board resolution, as may be amended.
\[5\] Adjustments. The sales prices for the units set forth above may only be
adjusted if there is a change in the median family/household income for the
Nassau-Suffolk Metropolitan statistical area as established by HUD and by
Town Board resolution. To enhance the affordability to purchasers, the
developer shall pursue available subsidies to reduce the sales cost of the
community benefit units.
\[6\] Community benefit units shall be de-concentrated and dispersed
throughout the overall RTWRPDD development in a manner satisfactory to the
Town of Southampton Planning Board.
®
\[7\] Each community benefit unit shall be rated as a New York Energy Star
labeled home prior to the issuance of any certificate of occupancy for such
unit.
\[8\] Owner occupancy of community benefit units. The owner of a community
benefit unit is required to occupy the unit as his/her primary residence and
shall not lease any portion of such unit, as an absentee landlord or otherwise.
In the event the owner of a community benefit unit fails to occupy said unit
as his/her primary residence, or in the event he/she rents said premises or
any portion thereof or conveys or contracts to convey said unit or any portion
thereof to an absentee landlord or an ineligible buyer, or conveys or contracts
to convey all or any portion of the owner's interest in said unit to an ineligible
buyer, all shall be deemed a violation of this section. A covenant and
restriction shall be filed reflecting the mandates of this subsection.
\[9\] Any Town buyer-benefit recording fee shall be paid by the developer in
connection with the sale of each community benefit unit.
(8) Conditions.
(a) As a requirement of the residential planned development district and with
adoption of same, said district shall at all times hereinafter be maintained as a
planned retirement community and be subject to the requirements established
under the provisions herein. To that end, covenants and restrictions approved by
the Town Attorney's office and recorded with the Suffolk County Clerk's office
prior to the issuance of a building permit shall be filed on the subject parcel(s)
providing the following:
\[1\] All dwelling units within the RTWRPDD shall be limited to occupancy by
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persons who are 55 years of age or over, with the following exceptions:
\[a\] A husband or wife or domestic partner under the age of 55 years
who is residing with his or her spouse who is 55 years of age or older.
\[b\] Children or grandchildren residing with their parents or
grandparents where one of said parents or grandparents with whom
the child or children or grandchild or grandchildren is/are residing is 55
years of age or older, provided that said child or children or grandchild
or grandchildren is/are over the age of 19 years.
\[c\] One adult under 55 years of age may be admitted to reside in the
same housing unit as his or her relative or caregiver who is 55 years of
age or older if it is established to the satisfaction of the Town or its
agent that the presence of such person is essential for the physical
care and economic support of the eligible older person(s).
\[d\] One market-rate unit may be occupied by a
caretaker/superintendent of the premises who is under the age of 55
and duly employed by the homeowner's association.
\[2\] The premises shall be developed and maintained, subject to the resale
provisions of Chapter 216, with 15 age-restricted and owner-occupied
community benefit units subject to the provisions outlined in Subsection
Q(7)(e)\[8\] herein.
\[3\] The owner of any dwelling unit shall not sublease any portion of his or her
premises, as an absentee landlord or otherwise. Basements, attics and
garages, if any, shall not be used as habitable living space or sleeping
quarters.
\[4\] The recreation/community center building or any part thereof shall at no
time be eligible for conversion into a dwelling unit.
\[5\] No dwelling unit (both market-rate and community benefit units) shall be
eligible for a summer rental permit as defined in the Southampton Town Code
§ 330-71.
\[6\] No dwelling unit or detached garage, if any, shall be eligible for an
accessory apartment permit as defined in Town Code §§ 330-11.1 and 330-
11.2.
\[7\] Individual residents shall not alter or change facades, construct additions
or any other type of appurtenance other than those approved by the Planning
Board through the site plan process.
\[8\] Failure to file these covenants prior and/or comply with the conditions of
this approval prior to receiving a building permit in accordance herewith shall
be deemed a violation of the conditions of this zoning approval and may be
grounds for the Town to initiate proceedings to revert the zoning of the
subject parcel(s) back to its/their prior zoning classification after a public
hearing.
\[9\] All covenants and restrictions required by the Town Board as conditions of
approval shall only be modified, waived, amended, repealed or terminated, by
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the Town Board, after a public hearing and a Town Board approval by a
majority plus one.
(b) All certificates of occupancy issued for the dwelling units of this RPD shall be
designated as age-restricted (55 years +) market-rate housing or as age-restricted
(55 years +) community benefit units, as the case may be, and shall be endorsed
with a notation that occupancy of such units is conditioned upon continued
compliance with the provisions of this section, Chapter 330, Chapter 216 and any
other applicable laws, rules and regulations.
(c) Prior to the issuance of the first certificate of occupancy, the developer shall pay
a park fee to the Town in the amount of $1,000 per residential unit, excluding the
community benefit units reserved for moderate- or middle-income households. All
such payments shall be held by the Town in the Park District Fund established for
Hampton Bays and exclusively used for the physical improvement and development
of neighborhood parks, playgrounds or other lands for public use located within the
boundaries of the Hampton Bays school district.
(d) Prior to the issuance of a building permit, the developer shall pay a one-time
$15,000 contribution to the Town of Southampton for a traffic preemption device to
be installed at the existing traffic signal immediately east of the subject property to
facilitate ambulance and fire service response.
(e) Sidewalks shall be provided along all internal and external street frontages. The
applicant shall continue the sidewalk construction eastward beyond the Montauk
Highway frontage to extend and connect to the existing sidewalks that lead to the
Tiana Shopping Center (SCTM No. 900-255-1-7.1). The applicant shall repair said
existing sidewalks as necessary to the satisfaction of the Town. Subject to Suffolk
County DPW approval, the Planning Board shall ensure that this age-restricted
housing complex has a safe walking linkage to said shopping plaza, meaning having
adequate sidewalks, streetlights, street trees on the south side of the sidewalks and
other pedestrian-friendly, traffic calming amenities presently available to be
established as a condition of site plan approval.
(f) The applicant shall execute the necessary legal instruments prepared in form and
substance to the satisfaction of the Town Attorney to provide for pedestrian and
bicycle cross access to the east and west of the subject premises. The Planning
Board shall determine the location of the pedestrian and bicycle corridor route along
the south side of the premises by taking into consideration any recommendations
adopted as part of the Hampton Bays Hamlet Center Strategy Update (Corridor
Study - Jones Road to Shinnecock Canal).
(g) In addition to the sidewalk extension required in Subsection Q(8)(e) above, the
applicant shall construct, at his own expense, a cedar-clad bus shelter based upon
the Town's specifications, or may contribute a cash-in-lieu amount equivalent to the
Town's cost to install such bus shelter, which amount shall be held in a trust fund to
accomplish said objective. Said bus shelter shall be installed on Montauk Highway in
the vicinity of this housing complex at a bus stop location to be determined by the
Suffolk County Department of Public Works and the Town of Southampton.
(h) Prior to the commencement of site work, the applicant shall place a conservation
easement, nondisturbance covenant over the existing 65-foot-wide buffer area along
Montauk Highway in a form satisfactory to the Town Attorney to be filed in the Office
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of the Suffolk County Clerk. \[Amended 11-10-2009 by L.L. No. 45-2009\]
(i) Prior to the issuance of a building permit, the applicant shall submit proof that the
two subject properties have been merged into one parcel through the Suffolk County
Office of Real Property.
(j) In addition to the requirements pertaining to the community benefit units, the
applicant shall covenant that the first offering of all market-rate units shall be
extended to persons 55 years of age or older who are bona fide residents of the
Town of Southampton, with a higher priority for residents of Hampton Bays (zip code
11946) and East Quogue (11942) for a period of six months from the date the
offering plan commences. Upon approval of the offering plan by the Attorney
General, the applicant shall provide the Town of Southampton Land Management
Administrator written notice two weeks prior to the commencement and completion
of the six-month offering period. \[Amended 8-12-2008 by L.L. No. 47-2008\]
(k) Prior to the issuance of a certificate of occupancy, the developer shall transfer
two Pine Barrens credits or development rights or contribute a cash-in-lieu
equivalent based on appraisal and fair market value for municipal purchase of same
within the boundaries of the Hampton Bays School District. In the instance that a
community benefit unit is sold by the developer at market value pursuant to the
procedures of § 216-5J, the applicant shall be additionally required to transfer one
full development right per unit to the Town pursuant to the procedures outlined in
Chapter 244. A covenant to this effect shall be filed in the Suffolk County Clerk's
office, after approval of form and substance by the Town Attorney's office.
(l) All covenants and restrictions in connection with the dwellings of the RTWRPDD
shall be filed in the Suffolk County Clerk's office, after approval of form and
substance by the Town Attorney's office and prior to the issuance of a building
permit. Further, an advisory covenant shall be placed on any deed in connection with
any transfer of title of any unit advising of the age restriction for market-rate units
and the age restriction and income restriction for the community benefit units.
(m) Any violation of the covenants and restrictions filed in connection with this RPD
shall also be deemed a violation of this chapter and the Town Board may avail itself
of any and all remedies allowed by law and/or equity which, in the instance of the
community benefit units, may include but not be limited to forfeiture, reversion of
title, the Town's right of re-entry and possession. Further, as any violation shall be
deemed a Southampton Town Code zoning violation under Chapter 330, this will
subject the noncompliant owner to any and all applicable fines and remedies
thereunder.
(n) The applicant shall be responsible for compensating the Town of Southampton for
the consulting costs incurred for the review and preparation of documents for the
proposed PDD, consistent with §§ 330-185 and 330-244 as amended by Local Law
No. 6 of 2007.
(9) Expiration. This local law shall take effect upon its filing with the Secretary of State,
and shall expire on February 13, 2020, unless the appropriate Planning Board
approvals have been obtained and substantial construction has begun. \[Added 4-24-
2018 by L.L. No. 8-2018\]
SECTION 3. Amendment.
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Southampton Town Board - Letter Board Meeting of June 23, 2020
Chapter 330 of the Town Code (Zoning Map), is hereby amended by changing the zoning
classification for those certain parcels identified as SCTM #900-253-1-22 and #900-253-1-
23, encompassing approximately 8.24 acres and located at 310 and 302 West Montauk
Highway, respectively, in the hamlet of Hampton Bays, from RTWRPDD to Highway
Business (HB).
SECTION 4. Authority.
This proposed local law is enacted pursuant to Article 16 of New York State Town Law, as
well as Municipal Home Rule Law §§10(1)(i), 10(1)(ii)(a)(11) and (12), and 10(1)(ii)(d)(3).
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 authorized to publish the
following Notice of Public Hearing:
NOTICE OF PUBLIC HEARING
TAKE NOTICE, that a public hearing will be held by the Town Board of the Town of
Southampton on July 14, 2020 at 1:00 p.m. at the Southampton Town Hall, 116
Hampton Road, Southampton, New York, to hear any and all persons either for or against
“A LOCAL LAW (i) repealing Town Code §330-248(Q)(RTW Residential Planned
Development District (RTWRPDD)) in its entirety, and (ii) amending the Zoning Map to
revert the zoning of two corresponding parcels, that is, SCTM #900-253-1-22 and #900-
253-1-23, back to their prior zoning classification of Highway Business (HB), in the hamlet
of Hampton Bays.”
Summary of Proposed Law
The purpose of this local law is to repeal the RTW Residential Planned Development
District, found at Town Code §330-248(Q), in its entirety, and to amend the Zoning Map to
revert the two corresponding parcels, that is, SCTM # 900-253-1-22 and 23, consisting of
8.24 acres in the hamlet of Hampton Bays, back to Highway Business (HB) zoning.
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
Generated 6/25/2020 Page 24
Southampton Town Board - Letter Board Meeting of June 23, 2020
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Jay Schneiderman, Supervisor
SECONDER: John Bouvier, Councilman
AYES: Schneiderman, Lofstad, Martel, Bouvier, Schiavoni
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