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HomeMy WebLinkAboutSouthampton Town 4p 9NNrow yt. Southampton Town Board `„ Sundy A Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968u- � `�.�" Fax: (631) 283-5606 s"I rcN1:MfiNY"""G, December 17 2021 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 town cl'+erl tham ptontownn ..gov. Signature. :.. '' � .� date: Please be advised that the Town Board, at a meeting held on December 14, 2021 1:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2021-1224 Adopted as Amended [Unanimous] Notice of Public Hearing for a Change of Zone Application entitled "The Preserve at South Country Road" for a Change from CR-40 to Multi-Family Planned Residential District (MFPRD) on a 17 Acre Parcel in order to Facilitate Development of 104 Units (6 Units/Acre) of Affordable Rental Housing in the Hamlet of Quiogue Sincerely Yours, Sundy A Schermeyer Town Clerk Generated 12/17/2021 Page 1 Southampton Town Board Sundy A Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 Fax: (631) 283-5606 December 17, 2021 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 December 14, 2021 1:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2021-1224 Adopted as Amended \[Unanimous\] Notice of Public Hearing for a Change of Zone Application entitled "The Preserve at South Country Road" for a Change from CR-40 to Multi-Family Planned Residential District (MFPRD) on a 17 Acre Parcel in order to Facilitate Development of 104 Units (6 Units/Acre) of Affordable Rental Housing in the Hamlet of Quiogue Sincerely Yours, Sundy A Schermeyer Town Clerk Generated 12/17/2021 Page 1 Southampton Town Board Sundy A Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 Fax: (631) 283-5606 December 17, 2021 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 December 14, 2021 1:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2021-1224 Adopted as Amended \[Unanimous\] Notice of Public Hearing for a Change of Zone Application entitled "The Preserve at South Country Road" for a Change from CR-40 to Multi-Family Planned Residential District (MFPRD) on a 17 Acre Parcel in order to Facilitate Development of 104 Units (6 Units/Acre) of Affordable Rental Housing in the Hamlet of Quiogue Sincerely Yours, Sundy A Schermeyer Town Clerk Generated 12/17/2021 Page 1 Southampton Town Board - Letter Board Meeting of December 14, 2021 TOWN BOARD RESOLUTION 2021-1224 Item # 7.73 ADOPTED DOC ID: 38968 Notice of Public Hearing for a Change of Zone Application entitled "The Preserve at South Country Road" for a Change from CR-40 to Multi-Family Planned Residential District (MFPRD) on a 17 Acre Parcel in order to Facilitate Development of 104 Units (6 Units/Acre) of Affordable Rental Housing in the Hamlet of Quiogue WHEREAS, on March 5, NRP Group 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, for properties located at 670 Montauk Highway (SCTM No. 900-359-4-47) and 107 South Country Road (SCTM No 900-359-4-46); and WHEREAS, specifically, the lot area of the parcel that will encompass the proposed development is approximately 17.34 acres (762,300 sq. ft.) of an overall 23.02 acre (1,002,923 sq. ft.) site that is partially occupied by Strebel’s Laundry Inc.; and WHEREAS, the applicant seeks to subdivide the parcel partially containing Strebel’s into two lots, namely the parcel containing said pre-existing laundry use consisting of approximately 5.7 acres and the resulting parcel consisting of approximately 16.2 acres; and WHEREAS, the resulting 16.2 acre parcel will be incorporated with the vacant parcel (1.3 acres) located at 900-359-4-46 to formulate the 17.34 project site; and WHEREAS, the subject parcels are currently zoned County Residence (CR-40) and front on both Montauk Highway to the south, and South Country Road to the north, with access being from South Country Road, in the Hamlet of Quiogue; and WHEREAS, NRP Groups seeks a zoning change from (CR-40) to Multi-family Planned Residential District (MFPRD) to allow a maximum of six (6) units per acre to facilitate the development of 100% affordable community benefit rental housing; and WHEREAS, the applicant proposes to construct eight (8) two-story residential buildings with a total of one hundred and four (104) units of rental apartments including a clubhouse and open space containing recreational trails and amenities as well as one hundred forty eight (148) parking spaces and an onsite sewage treatment facility; and WHEREAS, the portion of the subject property currently occupied by Strebel’s Laundry Inc. shall remain CR-40; and WHEREAS, pursuant to Town Code §330-185(C) (4), and by Resolution No. 2021-412, the Town Board elected to consider a formal application on said proposal; and WHEREAS, on August 20, 2021, the Town Clerk received a formal application for said change of zone; and WHEREAS, the proposed Change of Zone is a Type I Action pursuant to the State Generated 12/17/2021 Page 2 Southampton Town Board - Letter Board Meeting of December 14, 2021 Environmental Quality Review, and the regulating provisions of 6 NYCRR Part 617; and WHEREAS, on November 9, 2021, by Resolution No. 2021-1091, the Town Board assumed Lead Agency with the SEQRA determination of significance pending; now, therefore BE IT HEREBY RESOLVED, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on January 11, 2022 at 1:00 p.m., at Southampton Town Hall, 116 Hampton Road, Southampton, NY, to hear any and all persons either for or against a local law entitled: “A LOCAL LAW to change the zoning classification for the resulting 16.2 acre parcel (formerly 900-359-4-47) which is proposed to be incorporated with an existing vacant parcel (1.3 acres SCTM 900-359-4-46) for the proposed development, entitled "The Preserve at South Country Road" for a zone change from CR-40 to Multi-Family Planned Residential District (MFPRD) on the merged 17 acre parcel in order to Facilitate Development of 104 Units (6 Units/Acre) of Affordable Rental Housing in the Hamlet of Quiogue,” which provides as follows: LOCAL LAW NO. OF 2022 A LOCAL LAW to change the zoning classification of +/-17 acre parcel identified as SCTM No. 900-359-4-46 from CR-40 to Multi-Family Planned Residential District (MFPRD) in the Hamlet of Quiogue. BE IT ENACTED by the Town Board of the Town of Southampton as follows: SECTION 1. Legislative Intent. Pursuant to Chapter 330, Section 185, a petition has been received requesting a change in the zoning classification of certain parcels identified as SCTM No 900-359-4-46 (vacant), and SCTM No. 900-359-4-47 (Strebel’s) in the Hamlet of Quiogue. Specifically, NRP Group seeks to subdivide the parcel partially containing Strebel’s into two lots, namely the parcel containing said pre-existing laundry use consisting of approximately 5.7 acres and the resulting parcel consisting of approximately 16.2 acres. In tandem with the subdivision, NRP Group seeks a zoning change from (CR-40) to Multi-family Planned Residential District (MFPRD) on the properties located at 670 Montauk Highway and 107 South Country Road, to allow six (6) units per acre to facilitate the development of 100% affordable community benefit rental housing. The applicant proposes to construct eight (8) two-story residential buildings with a total of one hundred and four (104) units of rental apartments with a clubhouse and open space containing recreational trails and amenities. It is the intention of this Local Law to effectuate the aforementioned zone change if the Town Board determines that this action is in the best interests of the Town and any and all impacts pursuant to SEQRA are assessed and mitigated. SECTION 2. Map Amendment. Those certain parcels identified as SCTM No. 900-359-4-47 and 900-359-4-46 are hereby changed from Country Residential (CR-40) to Multi-family Planned Residential District (MFPRD) with the resulting Strebel’s Laundry Inc. to remain CR-40. SECTION 3. Authority. Generated 12/17/2021 Page 3 Southampton Town Board - Letter Board Meeting of December 14, 2021 The Town Board may adopt local laws providing for zoning map amendments pursuant to Town Law §§264 and 265, as well as Municipal Home Rule Law §§10(1)(ii)(a)(11) and (12). 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 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 January 11, 2022, at 1:00 p.m., at Southampton Town Hall, 116 Hampton Road, Southampton, NY, to hear any and all persons either for or against: “A LOCAL LAW to change the zoning classification for the resulting 16.2 acre parcel (formerly 900-359-4-47) which is proposed to be incorporated with an existing vacant parcel (1.3 acres SCTM 900-359-4-46) for the proposed development entitled, "The Preserve at South Country Road" for a zone change from CR-40 to Multi-Family Planned Residential District (MFPRD) on the merged 17 acre parcel in order to facilitate development of 104 Units (6 Units/Acre) of affordable rental housing in the Hamlet of Quiogue”. Summary of Proposed Law The subject change of zone seeks to modify the zoning classification for the resulting 16.2 acre parcel which will be incorporated with a vacant parcel (1.3 acres) located at 900-359- 4-46 for the proposed development, entitled "The Preserve at South Country Road" for a zone change from CR-40 to Multi-Family Planned Residential District (MFPRD) on the 17 acre parcel in order to Facilitate Development of 104 Units (6 Units/Acre) of Affordable Rental Housing in the Hamlet of Quiogue, Copies of the proposed local law, sponsored by Supervisor Jay 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 12/17/2021 Page 4 Southampton Town Board - Letter Board Meeting of December 14, 2021 RESULT: ADOPTED AS AMENDED \[UNANIMOUS\] MOVER: Jay Schneiderman, Supervisor SECONDER: John Bouvier, Councilman AYES: Schneiderman, Lofstad, Martel, Bouvier, Schiavoni Generated 12/17/2021 Page 5 ASF,ae a' r Southampton Town Board Sundy A Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 '� ,� , .. Fax: (631) 283-5606 xt IAx%h'ti v„ November 29 2021 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 t wLi _.r � h m tarn to wnn w ov Signature ¢. { .Date. ...r - rim Please be advised that the Town Board, at a meeting held on November 23, 2021 6:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2021-1130 Adopted [Unanimous] Notice of Adoption Enacting Article XIV (Cultural Resources Protection Overlay District) of Chapter 330 (Zoning) of the Southampton Town Code Sincerely Yours, S Sundy A Schermeyer Town Clerk Generated 11/29/2021 Page 1 Southampton Town Board Sundy A Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 Fax: (631) 283-5606 November 29, 2021 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 November 23, 2021 6:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2021-1130 Adopted \[Unanimous\] Notice of Adoption Enacting Article XIV (Cultural Resources Protection Overlay District) of Chapter 330 (Zoning) of the Southampton Town Code Sincerely Yours, Sundy A Schermeyer Town Clerk Generated 11/29/2021 Page 1 Southampton Town Board Sundy A Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 Fax: (631) 283-5606 November 29, 2021 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 November 23, 2021 6:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2021-1130 Adopted \[Unanimous\] Notice of Adoption Enacting Article XIV (Cultural Resources Protection Overlay District) of Chapter 330 (Zoning) of the Southampton Town Code Sincerely Yours, Sundy A Schermeyer Town Clerk Generated 11/29/2021 Page 1 Southampton Town Board - Letter Board Meeting of November 23, 2021 TOWN BOARD RESOLUTION 2021-1130 Item # 7.34 ADOPTED DOC ID: 38820 Notice of Adoption Enacting Article XIV (Cultural Resources Protection Overlay District) of Chapter 330 (Zoning) of the Southampton Town Code WHEREAS, the Town Board of the Town of Southampton is considering a LOCAL LAW enacting Article XIV (Cultural Resources Protection Overlay District) of Chapter 330 (Zoning) of the Southampton Town Code; WHEREAS, public hearings were held, via video conferencing, by the Town Board on October 26, 2021, and November 9, 2021, at which time all persons either for or against said enactment were heard; and WHEREAS, the Department of Land Management has advised that this proposed Local Law is classified as an “Unlisted Action” pursuant to New York State Environmental Quality Review Act (SEQRA) 6 NYCRR Part 617; and Southampton Town Code Chapter 157 (Environmental Quality Review); and; WHEREAS, the Town Board has reviewed the information contained in the Environmental Assessment Forms prepared by the Department of Land Management and the magnitude and importance of potential impacts have been considered; and WHEREAS, there being no involved agencies, other than the Town Board; now therefore be it RESOLVED, that the Town Board hereby assumes Lead Agency status and finds that the proposed action will result in no significant adverse impacts on the environment and therefore an environmental impact statement need not be prepared, and hereby issues a NEGATIVE DECLARATION pursuant to the New York State Environmental Quality Review Act (SEQRA) 6 NYCRR Part 617.7 and Chapter 157-7 of the Town Code; and be it further RESOLVED, that Local Law No. 24 of 2021 is hereby adopted as follows: LOCAL LAW NO. 24 OF 2021 A LOCAL LAW amending Chapter 330 (Zoning) of the Southampton Town Code enacting Article XIV (Cultural Resources Protection Overlay District), to establish a procedure for identifying unmarked human burial sites and culturally sensitive archeological sites, prior to the commencement of certain types of construction and development activities and to ensure they remain undisturbed to the maximum extent practicable. BE IT ENACTED by the Town Board of the Town of Southampton as follows: SECTION 1. Legislative Intent. As articulated in the 1999 Comprehensive Plan Update, the historic and cultural past of Southampton Town is integral to its identity, sense of place and community, economy, and its attraction as a visitor destination and second home market. The Town Board finds that for this historic and cultural identity to be maintained, our historic and cultural resources Generated 11/29/2021 Page 2 Southampton Town Board - Letter Board Meeting of November 23, 2021 must be identified, recognized, preserved and interwoven into the fabric of the Town. To that end, the Town has codified its commitment to the protection, enhancement and preservation of historic resources with legislation providing for the creation of historic districts and the designation of historic landmarks. In addition the Town actively pursues the acquisition of real property to ensure preservation of community character and the establishment of administrative management and stewardship for these resources. The fabric that identifies the Town includes the Shinnecock Indian Nation, the indigenous Native American tribe that has occupied Southampton for hundreds of generations. It is understood that cultural sites related to this occupation have the potential to include unmarked burial sites and associated funerary objects. Although these sites may exist throughout the Town, the Sebonac and Shinnecock Hills environs and the areas of Shinnecock Hills, identified as the Sugar Loaf Hill Shinnecock Indian Burial Grounds and Archaeological Resource Area and the Shinnecock Indian Contact Period Village Fort Area; designated on July 24, 1990 by Local Law 21-1990 as Critical Areas of Particular Concern with Respect to Locations having Social, Cultural, Historic, Archaeological or Educational Importance, are especially significant to the people of the Town, particularly to members of the Shinnecock Indian Nation, with which they are associated. Similarly, non-indigenous inactive and / or abandoned family burial sites contribute to our historical identity. These sites have been identified, located and inventoried on the “Historic Cemetery List”, maintained by the Town Clerk Historic Division. The Town Board acknowledges the sanctity of human burial sites and their intrinsic historic value to the cultural and religious traditions with which they are associated. New York is one of very few states which has no express statutory protection for unmarked burial sites and burial sites on private property. The Town recognizes that existing laws have proven inadequate to protect both unmarked and marked burial sites on private property from unintentional disturbance in the course of construction, land development and other related activities, and regrettably, intentional and deliberate destruction, vandalism, and looting. On September 8, 2020, by Local Law No. 7-2020 the Town Board enacted Chapter 330-333 of the Town Code (Protection and treatment of unmarked graves) On September 8, 2020, by Local Law No. 8-2020 the Town enacted the Shinnecock Hills Moratorium for the purpose of reviewing current Town building and development codes and procedures with the goal of adopting local legislation that would allow for human remains, associated funerary artifacts, and culturally sensitive archeological artifacts to be identified before they are disturbed by the process of construction and development and to ensure that they remain undisturbed to the maximum extent practicable, and treated with the utmost respect consistent with the wishes of lineal descendants and culturally affiliated groups. SECTION 2. Amendment. Chapter 330 (Zoning) of the Southampton Town Code is hereby amended by enacting Article XIV (Cultural Resources Protection Overlay District) with underlined words as follows: Article XIV. Cultural Resources Protection Overlay District § 330-71. Intent and Purpose. It is the intent of this Article to establish a Cultural Resources Protection Overlay Generated 11/29/2021 Page 3 Southampton Town Board - Letter Board Meeting of November 23, 2021 District, within which construction and development activities requiring either a Building Permit, Site Plan Approval, Subdivision Approval or authorization by a Town Department Head for Town sponsored activities on Town land or in Town street rights of way, which activities exceed specific site disturbance thresholds depending on or proximity to known burial and other sensitive sites, will be required to conduct appropriate Cultural Resource Investigations for the purpose of identifying the existence of burial sites, human remains, associated funerary artifacts, and other culturally sensitive archeological sites; and to ensure that such sites, remains and artifacts are undisturbed to the maximum extent practicable. § 330-72. Applicability. The provisions of this Article shall apply to lands in the Town, outside the Shinnecock Indian Nation and Incorporated Villages and encompassing properties in the following areas: Cultural Resources Protection Area A - Areas of greater sensitivity encompassing the Shinnecock Fort site, Sugar Loaf Hill burial site and other areas of sensitivity identified in the “Phase IA Cultural Resources Survey for Shinnecock Hills, Sebonac and Environs”, superimposed upon the Zoning Map of the Town of Southampton and delineated as “Cultural Resources Protection Overlay District Area A”, as same may be updated from time to time as a result of new information from ongoing investigations. Cultural Resources Protection Area B - Areas of general sensitivity beyond the more sensitive area of the Shinnecock Fort site and Sugar Loaf Hill burial site, superimposed upon the Zoning Map of the Town of Southampton and delineated as “Cultural Resources Protection Overlay District Area B”, as same may be updated from time to time as a result of new information from ongoing investigations. Cultural Resources Protection Area C - Inactive and / or Abandoned Family Burial Sites, identified on the “Town of Southampton Historic Cemetery List”, superimposed upon the Zoning Map of the Town of Southampton and delineated as “Cultural Resources Protection Overlay District Area C”, as same may be updated from time to time as a result of new information from ongoing investigations as same may be updated from time to time as a result of new information from ongoing investigations. § 330-73. Definitions. As used in this article, the following terms shall have meanings as indicated: Site Disturbance Disturbance, excavation or regrading of the ground surface associated with all forms of construction, development, landscaping, and vegetation removal in conjunction with any application to the Town Building Division or to the Town Planning Board for Site Plan or Subdivision Approval. New York State Standards for Cultural Resource Investigations Standards established by New York Archaeological Council (NYAC) and Generated 11/29/2021 Page 4 Southampton Town Board - Letter Board Meeting of November 23, 2021 adopted by New York State Office of Parks Recreation and Historic Preservation (NYS OPRHP) as may be amended from time to time. These standards can be located at <https://nysarchaeology.org/nyac/professional-standards/> Phase IA - Cultural Resource Investigation: Literature Search and Sensitivity Assessment Reconnaissance and documentary research intended to gather information concerning the environmental/physical setting of a specific project as well as its cultural setting as more fully outlined by the NY Archaeological Council standards referenced herein. Phase IB - Cultural Resource Investigation: Field Investigation Guidelines Field investigations designed to assess archaeologically sensitive areas that include, but are not limited to systematic surface survey, subsurface shovel testing, and remote sensing studies as more fully outlined by the NY Archaeological Council standards referenced herein. Phase II - Cultural Resource Investigation: Site Evaluation The primary goals of Phase II Cultural Resource Investigations are to obtain detailed information on the integrity, limits, structure, function, and cultural/historical context of an archaeological site sufficient to evaluate its Potential National Register eligibility as more fully outlined by the NY Archaeological Council standards referenced herein Phase III - Cultural Resource Investigation: Data Recovery Phase III Cultural Resource Investigations are required if an archaeological/historical resource listed on or eligible for inclusion on the State or National Register of Historic Places (SHPO) is identified and impacts to this resource by a proposed project are anticipated. When a data recovery plan is developed, it should be based on a balanced combination of resource-preservation, engineering, environmental and economic concerns. Mitigation may take the form of avoidance through project redesign, reduction of the direct impacts on the resource with data recovery on the portion to be destroyed, data recovery prior to construction, recordation of structural remains, and/or a combination of the above, as more fully outlined by the NY Archaeological Council standards referenced herein. § 330-74. Construal with other statutes. Portions of the Overlay District are designated as Critical Areas of Particular Concern with Respect to Locations having Social, Cultural, Historic, Archaeological or Educational Importance, pursuant to the State Environmental Quality Review Act and Chapter 157-10 (Environmental Quality Review, Critical areas) of the Code of the Town of Southampton. § 330-75. Protection of cultural resources Generated 11/29/2021 Page 5 Southampton Town Board - Letter Board Meeting of November 23, 2021 A. Site Disturbance Plan To ensure the protection of archeological and cultural resources, particularly human burial sites and funerary artifacts, any application to the Town Building Division or to the Town Planning Board, within the Overlay District shall include a Site Disturbance Plan. In addition, any work performed on Town owned land or Town street rights of way, either directly by the Town, a contractor or an outside agency, shall be required to submit a Site Disturbance Plan to the Town Planning Division, prior to the issuance of any permits or the commencement of any work or disturbance. The Site Disturbance Plan shall be based on a recent survey of the subject property (less than 6 months) at a minimum scale of one (1) inch to forty (40) feet, with topographic contour intervals not more than 5 feet. The Site Disturbance Plan shall identify the location of existing and proposed structures, buildings, pools, recreation courts, driveways, landscaping, and naturally occurring vegetated areas. The Site Disturbance Plan shall also delineate the location, limits and extent of areas to be disturbed, excavated, or regraded and shall indicate the square footage, depth and volume of all such disturbance, in conjunction with all forms of construction, development, landscaping and vegetation removal, whether for public or private purposes. At the time of said application or project on Town land or street right of way the corner locations of all proposed buildings and/or structure shall be staked by a licensed surveyor in accordance with a building survey and plastic surveying ribbon or an equivalent shall be placed around the perimeter of all such areas proposed to be disturbed, excavated or graded, as depicted on the Site Disturbance Plan. The Site Disturbance Plan shall be submitted and reviewed in accordance with the following Site Disturbance Activity procedures: (1) Activity requiring a Building Permit A Site Disturbance Plan shall be submitted to the Town Building Division with any application requiring a Building Permit. A permit shall not be issued until referral of the Site Disturbance Plan has been made to the Planning Division and reviewed and approved in accordance with this section. (2) Activity requiring a Site Plan Approval or Subdivision Approval A Site Disturbance Plan shall be submitted to the Town Planning Board with any application requiring Site Plan Approval or Subdivision Approval. Approvals shall not be issued until the Site Disturbance Plan has been reviewed and approved by the Planning Division in accordance with this section. (3) Activity occurring on Town owned land or street right of way A Site Disturbance Plan shall be submitted to the Town Planning Division prior to the issuance of any permits or the commencement of any work or disturbance on Town owned land or within any Town street right of way, Generated 11/29/2021 Page 6 Southampton Town Board - Letter Board Meeting of November 23, 2021 either directly by the Town, a contractor or an outside agency. Approvals or commencement of work shall not occur until the Site Disturbance Plan has been reviewed and approved by the Planning Division in accordance with this section. (4) The Planning Division shall review all Site Disturbance Plans to determine if site disturbances exceed any of the following thresholds for the applicable Overlay District Sub-Area. (5) Site Disturbance Thresholds: As per the table below: Overlay Excavation Excavation New House Any Any District Depth and Volume Construction Disturbance Disturbance Sub-Areas Volume Area A X Area B > 2 foot > 50 cubic X depth and > yards 20 cubic yards Area C within 20 feet of burial area B. Phase IB Cultural Resource Investigation If the Planning Division determines that a Site Disturbance threshold for the respective Overlay District Sub-Area has been exceeded, the Building Permit application, Site Plan application or Subdivision application shall be considered incomplete and the Building Division or Planning Board shall respectively notify the applicant that a Phase IB Cultural Resource Investigation will be required. Likewise, for disturbance of Town owned land and Town street rights of way that exceed a Disturbance threshold, the applicable Town Department Head shall be notified that a Phase IB Cultural Resource Investigation is required. A Phase IA Cultural Resource Investigation Survey for Shinnecock Hills, Sebonac and Environs, has been conducted by the Town and will be updated periodically to reflect newly identified Burial Sites and areas of Sensitivity as a result of new finds and information from subsequent Investigations in the Overlay District. Said Phase IB Cultural Resource Investigation shall be conducted by a Registered Professional Archaeologist, in accordance with New York State Standards for Cultural Resource Investigations, covering the area within which a disturbance threshold is exceeded. Phase IB Cultural Resource Investigations prepared in connection with past subdivision or development projects will not satisfy this requirement as they will not be as site specific as required herein. The applicant for development, or the applicable Town Department Head in the case of disturbances on Town owned land or Town street rights of way, shall provide the Town Planning and Development Administrator at least a 10 day notice of the date and time for the commencement of any field investigation and shall also provide written outline and description of the plan and methodology by which the Investigation will be conducted. Generated 11/29/2021 Page 7 Southampton Town Board - Letter Board Meeting of November 23, 2021 For applications located in the Cultural Resources Protection Overlay District Areas A and B, that require a Phase IB Cultural Resource Investigation, the applicant for development, or the applicable Town Department Head in the case of disturbances on Town owned land or Town street rights of way, shall be required to mail written notice by certified mail, return receipt requested, to Shinnecock Indian Nation Tribal Office, Post Office Box 5006, advising of the pending nature of the proposed construction, development or disturbance, together with a copy of the project application form or project description and the Site Disturbance Plan. Said notice to the Shinnecock Nation shall be mailed no less than 10 days prior to the submission of the Phase IB Cultural Resource Investigation to the Town. Proof of said mailing must be submitted to the applicable Town Department along with the Phase IB Cultural Resource Investigation. The mailing of said notice shall be considered jurisdictional and failure to mail notice along with the project application form and Site Disturbance Plan or to provide the return receipt, will result in the rejection of the application until such time as the mailing notification requirements have been satisfied. For applications located in the Cultural Resources Protection Overlay District Area C, that require a Phase IB Cultural Resource Investigation, the applicant shall erect a temporary fence around the typical burial limits of any unfenced marked or unmarked burial site during the conduction of the Phase IB CRI, to avoid disruption of possible remains associated with the known burial site, either marked or unmarked. At the conclusion of all required CRI’s, where there is no existing fencing, the applicant shall install a permanent fence around the typical burial limits of any unfenced marked or unmarked burial site. For those applications and projects determined to exceed a Site Disturbance threshold, the Phase IB Cultural Resource Investigation shall be submitted by the applicant to the Building Division in connection with a Building Permit and to the Planning Board in connection with a Site Plan or Subdivision Application; which shall then be referred to the Town Planning and Development Administrator, or designated alternate, for review. Phase IB Cultural Resource Investigations for projects on Town owned land or Town street rights of way shall be submitted to the Town Planning and Development Administrator. The Town Planning and Development Administrator shall ensure a copy of the Phase IB Cultural Resource Investigation to the Shinnecock Indian Nation Tribal Office and to New York State Historic Preservation Office (SHPO) at least two weeks prior to making a determination on the Phase IB. If the Town Planning and Development Administrator, or designated alternate, determines that the conclusions and recommendations of the Cultural Resource Investigation are accepted and no further investigation is warranted, the Administrator is empowered to authorize the review and issuance of permits and approvals to proceed accordingly. C. Phase II Cultural Resource Investigations If the conclusions and recommendations of the Phase IB Cultural Resource Investigation suggest that further investigations are warranted, a Phase II Cultural Resource Investigation shall be required, in order to establish the significance of the archaeological site, covering the area within which a Generated 11/29/2021 Page 8 Southampton Town Board - Letter Board Meeting of November 23, 2021 disturbance threshold is exceeded. The Phase II Investigation shall be conducted by a Registered Professional Archaeologist, in accordance with New York State Standards for Cultural Resource Investigations and shall include, at a minimum, information on boundaries, integrity and significance of the archaeological resource(s), evaluation of the impact of the proposed project, and any additional data necessary to evaluate eligibility. The applicant shall provide the Town Planning and Development Administrator at least a 10 day notice of the date and time for the commencement of any field investigation and shall also provide written outline and description of the plan and methodology by which the Investigation will be conducted. The Town Planning and Development Administrator will provide a copy of the Phase II Cultural Resource Investigation to the Shinnecock Indian Nation Tribal Office and to New York State Historic Preservation Office (SHPO) at least one week prior to making a determination on the Phase II. As an alternative to preparation of a required Phase II Investigation, the applicant shall have the option of submitting a revised Site Disturbance Plan, which would require a new Phase IB Investigation. D. Phase III Cultural Resource Investigation If a National Register listed or eligible resource cannot be avoided, some form of mitigation is required, which would be in the form of a Phase III Data Retrieval Plan, conducted by a Registered Professional Archaeologist in accordance with New York State Standards for Cultural Resource Investigations. Mitigation may include the reduction of the direct impact on the resource as well as data retrieval for the portion of the site to be impacted. A Data Retrieval Plan should be developed that balances resource-preservation, engineering, environmental and economic concerns, while addressing research questions. The Town Planning and Development Administrator will provide a copy of the Phase III Cultural Resource Investigation to the Shinnecock Indian Nation Tribal Office and to New York State Historic Preservation Office (SHPO) at least one week prior to making a determination on the Phase III. The full implementation of the Data Retrieval Plan shall ensure adequate mitigation of the resource. E. Stop-Work Order for Revised Site Disturbance Plan The Town Planning and Development Administrator shall assign appropriate Land Management Staff to conduct a site inspection to determine whether or not the areas proposed for construction and site disturbance, as staked and marked at the site, are consistent with the approved construction plans and survey and the Site Disturbance Plan. The Administrator may request the Town Archaeologist or other qualified expert be present to assist in making a determination, assessment or recommendation related to the Site Disturbance Plan. Should there be a violation of the Site Disturbance Plan, a Stop-Work Order, as provided in Chapter 123 of the Town Code, shall be issued. It shall be the burden of the applicant to prove that areas of site disturbance complies with the approved construction plans and the Site Disturbance Plan by the submission of an as-built survey. Should the Town Planning and Development Administrator, or designated alternate, determine there is no further violation, the Stop-Work Order shall be rescinded. Should the Town Planning and Development Administrator, or alternate, determine that said as-built survey depicts a violation of these Generated 11/29/2021 Page 9 Southampton Town Board - Letter Board Meeting of November 23, 2021 provisions, the Stop-Work Order shall remain in effect and a Revised Site Disturbance Plan shall be submitted to determine if a new or revised Phase IB Cultural Resource Investigation is required. F. Stop-Work Order for Discovery of unmarked burial site and / or human remains In the event of a discovery of an unmarked human burial site or possible human remains, either in the course of a Cultural Resource Investigation or during site construction or excavation following the issuance of a building permit or authorization to commence work, a Stop-Work Order, as provided in Chapter 123 of the Town Code, shall be issued and provisions of Chapter 330-333 of the Town Code (Protection and treatment of unmarked graves) shall immediately take effect. SECTION 3. Authority. The Town Board may adopt this local law pursuant to Municipal Home Rule Law §§10 (1)(ii) (a)(11) and (12). 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 Zoning Map of the Town of Southampton is hereby amended to indicate the existence of the Cultural Resources Protection Overlay District areas as noted herein and as depicted on the maps included in the Legislative record, and the Town’s GIS Department is authorized to include such areas in the Town’s GIS mapping and Govern software; and be it further RESOLVED, that the Town Clerk is hereby directed to publish the following Notice of Adoption: NOTICE OF ADOPTION TAKE NOTICE, that after public hearings were held via videoconferencing by the Southampton Town Board on October 26, 2021, and November 9, 2021, the Town Board, at its meeting on November 23, 2021, via videoconferencing, adopted LOCAL LAW NO. 24 OF 2021, as follows “A LOCAL LAW amending Chapter 330 (Zoning) of the Southampton Town Code, enacting Article XIV (Cultural Resources Protection Overlay District), to establish a procedure for identifying unmarked human burial sites and culturally sensitive archeological sites, prior to the commencement of certain types of construction and development activities and to ensure they remain undisturbed to the maximum extent practicable.” A copy of this Local Law, sponsored by Supervisor Schneiderman, is on file in the Southampton Town Clerk’s Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m. Generated 11/29/2021 Page 10 Southampton Town Board - Letter Board Meeting of November 23, 2021 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, Martel, Bouvier, Schiavoni Generated 11/29/2021 Page 11 buawwre.w r eta .w 4db. n*. Southampton Town Board Sundy A Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 Fax: (631) 283-5606 November 15 2021 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 b� to towncierk south t nt wnn . +ov. Signatures t ate .m Please be advised that the Town Board, at a meeting held on November 9, 2021 1:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2021-1086 Adopted [Unanimous] Notice of Public Hearing to amend Chapter 330-37 (Industrial Districts Table of Use Regulations) to Include Physical Fitness Facilities as a Special Exception Use in the Light Industry, LI-40 and LI-200 Zoning Districts. Town Board Resolution RES-2021-1087 Adopted [Unanimous] Notice of Public Hearing to amend Chapters 330-5 (Definitions) and 330-33 to Define and List Medical Marijuana Dispensary in the Business Districts Table of Use Regulations and enact Special Exception Standards within 330-162.22 of the Zoning Code Town Board Resolution RES-2021-1088 Adopted [Unanimous] Notice of Public Hearing to Amend Town Code Chapters 330-162 Special Exception and 330- 33 Table of Use Regulations Listing Self-service Storage Facility as a Special Exception Use in the Highway Business (HB) Zoning District Town Board Resolution RES-2021-1089 Adopted [Unanimous] Notice of Public Hearing to Consider Historic Landmark Designation of the 680 Scuttle Hole Road, Water Mill, SCTM 900-67-1-6.5, aka "The Maples" Town Board Resolution RES-2021-1090 Adopted [Unanimous] Notice of Public Hearing to Consider Historic Landmark Designation of the structure known as "Laffalot" located at 8 Studio Lane, Shinnecock Hills, SCTM 900-211-2-30.1 Town Board Resolution RES-2021-1091 Adopted [Unanimous] Assume Lead Agency for the Purpose of SEQRA in Connection with NRP Group's Change of Zone Application entitled "The Preserve at South Country Road" for a Change from CR-40 to Multi-Family Planned Residential District (MFPRD) on a 17 Acre Parcel in order to Facilitate Development of 104 Units (6 Units/Acre) of Affordable Rental Housing in the Hamlet of Quiogue Generated 11/15/2021 Page 1 Southampton Town Board Sundy A Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 Fax: (631) 283-5606 November 15, 2021 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 November 9, 2021 1:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2021-1086 Adopted \[Unanimous\] Notice of Public Hearing to amend Chapter 330-37 (Industrial Districts Table of Use Regulations) to Include Physical Fitness Facilities as a Special Exception Use in the Light Industry, LI-40 and LI-200 Zoning Districts. Town Board Resolution RES-2021-1087 Adopted \[Unanimous\] Notice of Public Hearing to amend Chapters 330-5 (Definitions) and 330-33 to Define and List Medical Marijuana Dispensary in the Business Districts Table of Use Regulations and enact Special Exception Standards within 330-162.22 of the Zoning Code Town Board Resolution RES-2021-1088 Adopted \[Unanimous\] Notice of Public Hearing to Amend Town Code Chapters 330-162 Special Exception and 330- 33 Table of Use Regulations Listing Self-service Storage Facility as a Special Exception Use in the Highway Business (HB) Zoning District Town Board Resolution RES-2021-1089 Adopted \[Unanimous\] Notice of Public Hearing to Consider Historic Landmark Designation of the 680 Scuttle Hole Road, Water Mill, SCTM 900-67-1-6.5, aka "The Maples" Town Board Resolution RES-2021-1090 Adopted \[Unanimous\] Notice of Public Hearing to Consider Historic Landmark Designation of the structure known as "Laffalot" located at 8 Studio Lane, Shinnecock Hills, SCTM 900-211-2-30.1 Town Board Resolution RES-2021-1091 Adopted \[Unanimous\] Assume Lead Agency for the Purpose of SEQRA in Connection with NRP Group's Change of Zone Application entitled "The Preserve at South Country Road" for a Change from CR-40 to Multi-Family Planned Residential District (MFPRD) on a 17 Acre Parcel in order to Facilitate Development of 104 Units (6 Units/Acre) of Affordable Rental Housing in the Hamlet of Quiogue Generated 11/15/2021 Page 1 Southampton Town Board - Letter Board Meeting of November 9, 2021 Sincerely Yours, Sundy A Schermeyer Town Clerk Generated 11/15/2021 Page 2 Southampton Town Board Sundy A Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 Fax: (631) 283-5606 November 15, 2021 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 November 9, 2021 1:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2021-1086 Adopted \[Unanimous\] Notice of Public Hearing to amend Chapter 330-37 (Industrial Districts Table of Use Regulations) to Include Physical Fitness Facilities as a Special Exception Use in the Light Industry, LI-40 and LI-200 Zoning Districts. Town Board Resolution RES-2021-1087 Adopted \[Unanimous\] Notice of Public Hearing to amend Chapters 330-5 (Definitions) and 330-33 to Define and List Medical Marijuana Dispensary in the Business Districts Table of Use Regulations and enact Special Exception Standards within 330-162.22 of the Zoning Code Town Board Resolution RES-2021-1088 Adopted \[Unanimous\] Notice of Public Hearing to Amend Town Code Chapters 330-162 Special Exception and 330- 33 Table of Use Regulations Listing Self-service Storage Facility as a Special Exception Use in the Highway Business (HB) Zoning District Town Board Resolution RES-2021-1089 Adopted \[Unanimous\] Notice of Public Hearing to Consider Historic Landmark Designation of the 680 Scuttle Hole Road, Water Mill, SCTM 900-67-1-6.5, aka "The Maples" Town Board Resolution RES-2021-1090 Adopted \[Unanimous\] Notice of Public Hearing to Consider Historic Landmark Designation of the structure known as "Laffalot" located at 8 Studio Lane, Shinnecock Hills, SCTM 900-211-2-30.1 Town Board Resolution RES-2021-1091 Adopted \[Unanimous\] Assume Lead Agency for the Purpose of SEQRA in Connection with NRP Group's Change of Zone Application entitled "The Preserve at South Country Road" for a Change from CR-40 to Multi-Family Planned Residential District (MFPRD) on a 17 Acre Parcel in order to Facilitate Development of 104 Units (6 Units/Acre) of Affordable Rental Housing in the Hamlet of Quiogue Generated 11/15/2021 Page 1 Southampton Town Board - Letter Board Meeting of November 9, 2021 Sincerely Yours, Sundy A Schermeyer Town Clerk Generated 11/15/2021 Page 2 Southampton Town Board - Letter Board Meeting of November 9, 2021 TOWN BOARD RESOLUTION 2021-1086 Item # 7.54 ADOPTED DOC ID: 38466 Notice of Public Hearing to amend Chapter 330-37 (Industrial Districts Table of Use Regulations) to Include Physical Fitness Facilities as a Special Exception Use in the Light Industry, LI-40 and LI-200 Zoning Districts. BE IT HEREBY RESOLVED, that the Town Board hereby directs that a public hearing shall be held on December 14, 2021 at 1:00 p.m., via videoconferencing, to hear any and all persons either for or against to hear any and all persons either for or against a local law entitled: “A LOCAL LAW amending Section 330-37, entitled Industrial Districts Table of Use Regulations of Chapter 330 Zoning, to include physical fitness facilities as a Special Exception use in the LI-40 zoning districts”; and take FURTHER NOTICE, that due to public health and safety concerns related to COVID-19, the Southampton Town Board will not be meeting in-person. In accordance with Chapter 417 of the Laws of 2021, the Town Board meeting will be held via videoconferencing, and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live, and to provide comments. The public can watch the live meeting online from the Town of Southampton website on the Town Clerk’s Meeting Portal, via YouTube, or through the Zoom App. If any interested members of the public would like to provide comments on the public hearing, comments can be called in during the meeting via telephone or the Zoom App. Comments can also be emailed up until one hour before the start of the meeting to the Town Clerk at townclerk@southamptontownny.gov <mailto:townclerk@southamptontownny.gov>. Please continue to check the Town Clerk’s website and Meeting Portal as the hearing date approaches for further instructions on how to access the virtual meeting, and for any updated information. “A LOCAL LAW amending Section 330-37, entitled Industrial Districts Table of Use Regulations of Chapter 330 Zoning, to include physical fitness facilities as a Special Exception use in the LI-40 zoning district,” which provides as follows: LOCAL LAW NO. OF 2021 A LOCAL LAW amending Section 330-37, entitled Industrial Districts Table of Use Regulations of Chapter 330 Zoning of the Code of the Town of Southampton to include physical fitness facilities as a Special Exception use in the LI-40 zoning district within the Town of Southampton. SECTION 1. Legislative Intent. The purpose of this update is to allow for Physical Fitness Facilities in the LI-40 Districts throughout the Town of Southampton, which are defined as “Establishments primarily engaged in operating facilities featuring strength training, exercise and other active physical fitness conditioning, whether or not on a membership basis (SIC 7999)”. Also included in this industry are establishments providing aerobic dance, exercise and yoga classes and Generated 11/15/2021 Page 3 Southampton Town Board - Letter Board Meeting of November 9, 2021 other similar programs designed for physical fitness. The Southampton Sustainability 400 + Plan, adopted as a Comprehensive Plan element in 2013, indicates the Quality of Life Goal as follows: Goal: Provide access for all Town residents to a healthy lifestyle including opportunities for active recreation, locally produced/organic food, safe drinking water, educational and cultural activities, community engagement, and personal fulfillment. The American economy is ever-changing and becoming more complex, particularly with regard to the characteristics of industrial land use and a trend towards non-industrial manufacturing. This means that physical fitness facilities can likely co-exist within light- industrial districts without conflict. The intent of this code amendment is to allow for the establishment of physical fitness facilities as a Special Exception use in the LI-40 Zoning district and further provides conditions and safeguards for Planning Board review. In doing so, the Town provides more opportunities for indoor uses for active recreation, promoting public health as a matter of policy while still ensuring good community planning. SECTION 2. Amendment Chapter 330-37 (Business Districts Table of Use Regulations) of the Southampton Town Code is hereby amended by adding the underlined words as follows: SECTION 4. Amendment Chapter 330-162 (Special exception uses) of the Southampton Town Code is hereby amended by adding the underlined words as follows: §330-162.23 Physical Fitness Facilities A. Industrial use activities, if consistent with good industrial practices and established prior to the surrounding non-industrial activities, are deemed reasonable and shall not be considered a nuisance or an interference with the comfortable enjoyment of life and property, unless the activity has a substantial adverse effect on the public health and safety, and provided that such activities are not being conducted in violation of any other provision of the Town Code. B. The Planning Board shall consider the existing traffic and pedestrian circulation and make findings that they will not be negatively impacted and or interrupted by the proposed development. C. The applicant shall demonstrate that the proposed physical fitness use can be Generated 11/15/2021 Page 4 Southampton Town Board - Letter Board Meeting of November 9, 2021 accommodated in terms of parking requirements and traffic. All traffic signs and pavement markings shall be in accordance with the New York State Manual of Uniform Traffic Control Devices (NYS MUTCD). Pedestrian crosswalks and signs shall be in accordance with the NYS MUTCD and shall be provided at locations where significant crossing activities occur, such as at main building doorways and across drive-through lanes. SECTION 3. Authority. The Town Board may adopt this local law pursuant to Municipal Home Rule Law §§10 (1)(ii)(a)(11) and (12). 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 authorized to publish the following Notice of Public Hearing: NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that the Town Board hereby directs that a public hearing shall be held on December 14, 2021 at 1:00 p.m., via videoconferencing, to hear any and all persons either for or against to hear any and all persons either for or against a local law entitled: “A LOCAL LAW amending Section 330-37, entitled Industrial Districts Table of Use Regulations of Chapter 330 Zoning, to include physical fitness facilities as a Special Exception use in the LI-40 zoning districts.” Summary of Proposed Law The intent of this code amendment is to update §330-37, Industrial Districts, Table of Uses Regulations to include physical fitness facilities as originally contemplated in the 1972 SIC code as a Special Exception use in the LI-40 and LI-200 zoning districts in the Town of Southampton. 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, Martel, Bouvier, Schiavoni Generated 11/15/2021 Page 5 Southampton Town Board - Letter Board Meeting of November 9, 2021 TOWN BOARD RESOLUTION 2021-1087 Item # 7.55 ADOPTED DOC ID: 38430 Notice of Public Hearing to amend Chapters 330-5 (Definitions) and 330-33 to Define and List Medical Marijuana Dispensary in the Business Districts Table of Use Regulations and enact Special Exception Standards within 330-162.22 of the Zoning Code BE IT HEREBY RESOLVED, that the Town Board hereby directs that a public hearing shall be held on December 14, 2021 at 1:00 p.m., via videoconferencing, to hear any and all persons either for or against to hear any and all persons either for or against a local law entitled: “A LOCAL LAW amending Chapters 330-5 (Definitions) and 330-33 to Define and List Medical Marijuana Dispensary in the Business Districts Table of Use Regulations and enact Special Exception Standards within 330-162.22 of the Zoning Code”; and take FURTHER NOTICE, that due to public health and safety concerns related to COVID-19, the Southampton Town Board will not be meeting in-person. In accordance with Chapter 417 of the Laws of 2021, the Town Board meeting will be held via videoconferencing, and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live, and to provide comments. The public can watch the live meeting online from the Town of Southampton website on the Town Clerk’s Meeting Portal, via YouTube, or through the Zoom App. If any interested members of the public would like to provide comments on the public hearing, comments can be called in during the meeting via telephone or the Zoom App. Comments can also be emailed up until one hour before the start of the meeting to the Town Clerk at townclerk@southamptontownny.gov <mailto:townclerk@southamptontownny.gov>. Please continue to check the Town Clerk’s website and Meeting Portal as the hearing date approaches for further instructions on how to access the virtual meeting, and for any updated information. “A LOCAL LAW amending Chapters 330-5 (Definitions) and 330-33 to Define and List Medical Marijuana Dispensary in the Business Districts Table of Use Regulations and enact Special Exception Standards within 330-162.22 of the Zoning Code,” which provides as follows: LOCAL LAW NO. OF 2021 A LOCAL LAW amending Chapters 330-5 (Definitions) and 330-33 to Define and List Medical Marijuana Dispensary in the Business Districts Table of Use Regulations and enact Special Exception Standards within 330-162.22 of the Zoning Code for the Town. BE IT ENACTED by the Town Board of the Town of Southampton as follows: SECTION 1. Legislative Intent. Medical Marijuana is currently legal 36 states and is commonly used for treating medical conditions including, but not limited to glaucoma, Crohn’s Disease, seizures, anorexia (stimulates appetite), nausea (which is beneficial to cancer patients nauseous due to Generated 11/15/2021 Page 6 Southampton Town Board - Letter Board Meeting of November 9, 2021 chemotherapy), bipolar disorder, muscle spasms, anxiety, and emphysema. In July of 2014, Governor Andrew Cuomo signed legislation permitting the use of cannabis for medical purposes in the state of New York. Therefore, the intent of this legislation is to allow for local access to New York State licensed medical cannabis dispensaries in designated business districts and establishing special exception standards for said use when located in the Hamlet Business (HB) zoning district. Medical marijuana dispensaries are intended to be accessed by certified individuals who are medically prescribed marijuana for various health reasons. It is not intended for recreational use. SECTION 2. Amendment Chapter 330-5 (Definitions) of the Southampton Town Code is hereby amended by adding the underlined words as follows: MEDICAL MARIJUANA DISPENSARY A business that is registered to operate in the State of New York that sells or otherwise distributed marijuana to certified patients, designated caregiver's or practitioners. SECTION 3. Amendment Chapter 330-33 (Business Districts Table of Use Regulations) of the Southampton Town Code is hereby amended by adding the underlined words as follows: SECTION 4. Amendment Chapter 330-162 (Special exception uses) of the Southampton Town Code is hereby amended by adding the underlined words as follows: §330-162.22 Medical Marijuana Dispensary A. The Planning Board may request a traffic impact analysis which determines that the existing roadway network in the area of the proposed development will be able to handle the existing through traffic, plus the additional traffic that the development will generate. B. The overall appearance and layout of the medical marijuana dispensary, including both the building and the site, and the operation thereof, shall be designed to be in conformity with the character of the community in which it is located. Generic and standard architectural design derivatives of national or regional chains shall not be permitted. Architectural design, including the use of facade materials, roof materials, window and door treatments, lighting, landscaping and signage, shall be reflective of and harmonious with the vernacular architecture of the particular hamlet in which the medical marijuana dispensary is located. Excessive signage and lighting shall be prohibited. C. The proposed Medical Marijuana Dispensary shall not be located within close proximity (minimum 1,500 feet) of another lot on which another Medical Marijuana Dispensary is located. Generated 11/15/2021 Page 7 Southampton Town Board - Letter Board Meeting of November 9, 2021 D. Said use shall not be permitted within 500 feet of a school or within 200 feet of a house of worship. E. Each applicant proposing a medical marijuana dispensary shall provide the Department of Land Management with an inventory of existing Medical Marijuana Dispensaries that are either within the jurisdiction of the Town or within one mile of the border thereof. F. A medical marijuana dispensary shall submit evidence that all necessary licenses and/or permits have been obtained from NYS and all other applicable agencies to the Town prior to the issuance of a Certificate of Occupancy. Said licenses and/or permits shall be posted in a conspicuous place, near the main exit or exit access doorway. G. A medical marijuana dispensary shall have a security system and cameras to prevent and detect diversion, theft, or loss, using commercial grade equipment. SECTION 4. Authority. The Town Board may adopt this local law pursuant to Municipal Home Rule Law §§10 (1)(ii)(a)(11) and (12). 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 PLEASE TAKE NOTICE that a public hearing will be held by the Town Board of the Town of Southampton on December 14, 2021 at 1:00 p.m., via videoconferencing, to hear any and all persons either for or against “’A LOCAL LAW amending Chapters 330-5 (Definitions) and 330-33 to Define and List Medical Marijuana Dispensary in the Business Districts Table of Use Regulations and enact Special Exception Standards within 330-162.22 of the Zoning Code.’” Summary of Proposed Law The proposed local law seeks to amend Chapters 330-5 (Definitions) and 330-33 to Define and List Medical Marijuana Dispensary in the Business Districts Table of Use Regulations and enact Special Exception Standards within 330-162.22 of the Town Zoning Code. 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 11/15/2021 Page 8 Southampton Town Board - Letter Board Meeting of November 9, 2021 SUNDY A. SCHERMEYER, TOWN CLERK Financial Impact: None RESULT: ADOPTED \[UNANIMOUS\] MOVER: Jay Schneiderman, Supervisor SECONDER: John Bouvier, Councilman AYES: Schneiderman, Lofstad, Martel, Bouvier, Schiavoni Generated 11/15/2021 Page 9 Southampton Town Board - Letter Board Meeting of November 9, 2021 TOWN BOARD RESOLUTION 2021-1088 Item # 7.56 ADOPTED DOC ID: 38469 Notice of Public Hearing to Amend Town Code Chapters 330-162 Special Exception and 330-33 Table of Use Regulations Listing Self-service Storage Facility as a Special Exception Use in the Highway Business (HB) Zoning District BE IT HEREBY RESOLVED, that the Town Board hereby directs that a public hearing shall be held on December 14, 2021 at 1:00 p.m., via videoconferencing, to hear any and all persons either for or against to hear any and all persons either for or against a local law entitled: “A LOCAL LAW to amend Chapters 330-162 Special Exception Uses and Chapter 330-33 Business Districts Table of Use Regulations of the Code of the Town of Southampton to list self-service storage facility as a special exception use in the Highway Business (HB) zoning district and establish additional special exception standards,”; and take FURTHER NOTICE, that due to public health and safety concerns related to COVID-19, the Southampton Town Board will not be meeting in-person. In accordance with Chapter 417 of the Laws of 2021, the Town Board meeting will be held via videoconferencing, and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live, and to provide comments. The public can watch the live meeting online from the Town of Southampton website on the Town Clerk’s Meeting Portal, via YouTube, or through the Zoom App. If any interested members of the public would like to provide comments on the public hearing, comments can be called in during the meeting via telephone or the Zoom App. Comments can also be emailed up until one hour before the start of the meeting to the Town Clerk at townclerk@southamptontownny.gov <mailto:townclerk@southamptontownny.gov>. Please continue to check the Town Clerk’s website and Meeting Portal as the hearing date approaches for further instructions on how to access the virtual meeting, and for any updated information. “A LOCAL LAW to amend Chapters 330-162 Special Exception Uses and Chapter 330-33 Business Districts Table of Use Regulations of the Code of the Town of Southampton to list self-service storage facility as a special exception use in the Highway Business (HB) zoning district and establish additional special exception standards,” which provides as follows: LOCAL LAW NO. OF 2021 A LOCAL LAW amending Chapters 330-162 Special Exception Uses and Chapter 330-33 of the Code of the Town of Southampton to list self-service storage facility as a special exception use in the Highway Business (HB) Zoning District with additional special exception standards. BE IT ENACTED by the Town Board of the Town of Southampton as follows: SECTION 1. Legislative Intent. It is the intention of the Town Board to act on behalf of the recommendations identified Generated 11/15/2021 Page 10 Southampton Town Board - Letter Board Meeting of November 9, 2021 within the 1999 Comprehensive Plan. As described within the adopted Comprehensive Plan, a “Vision Goal” of the Town should be to “Upgrade the town’s “highway” business corridors, by: Providing greater flexibility as to use; but with greater attention to design.” Highway corridors within the Town are “gateway” themed, featuring landscape, signage and related corridor amenity improvements often tied to the cultural identity of the given hamlet. Additionally, uses permitted in Highway Business are often low traffic generating so not to further burden the existing roadway and or negatively impact traffic patterns. The Town Board recognizes the important balance of promoting growth and a vibrant business atmosphere in an attractive manner, without compromising what makes Southampton a special place. This notion is especially true with regards to approaching development along highway business areas. The purpose of this code amendment is to list self-service storage facilities as a special exception use in Highway Business (HB) zoning district and establish additional special exception standards which reflect and compliment community character. Currently, the Town allows self-storage facilities in Light Industry, LI-40 and LI-200 zoning districts by special exception. Due to the nature of self-service storage, special exception design standards were established in efforts to mitigate undesirable characteristics of the use. While self-service storage facilities are recognized as a low trafficking generating use and therefore a compatible use in Highway Business (HB) zoning district, improved design standards are necessary to maintain the aesthetic importance of Highway corridors. In continuing to support business and stimulate demand for local industry, the Town board seeks to list self-service storage facilities as a special exception use in Highway Business (HB) zoning district and require higher degree of design standards to ensure the business corridors of the Town are designed to reinforce planning and design objectives for the surrounding district and neighborhood. SECTION 2. Amendment Chapter 330-33 (Business Districts Table of Use Regulations) of the Southampton Town Code is hereby amended by deleting the stricken words and adding the underlined words as follows: SECTION 3. Amendment Chapter 330-162 (Special Exception Standards) of the Southampton Town Code is hereby amended by adding the underlined words as follows: 330-162.4 Self-service storage facility M. Self-storage facilities located within the Highway Business (HB) zoning district shall be required to design said facility to be harmonious with the vernacular architecture of the particular hamlet and meet the following additional design standards: Generated 11/15/2021 Page 11 Southampton Town Board - Letter Board Meeting of November 9, 2021 (1) At a minimum all structures associated with said use will be designed to reflect the maritime and or agriculture heritage of a given hamlet and shall be consistent with the scale and character of structures which have been historically developed within the Town. (2) Generic and standard architectural design derivatives of national or regional chains shall not be permitted. (3) Flat roofs are prohibited. (4) Gable, gambrel and or hip roofs shall be encouraged. (5) Mansard roofs shall be a maximum of seven feet in height and shall be designed in proportion to the size of the facade below. The roof shall step in from the eave to the top of the mansard one to two feet (6) Roof massing: Single-roof type is not encouraged for structures more than 5,000 square feet, unless a green roof is proposed. Larger buildings shall have a more complex roof design which consists of the main roof with lower and intersecting secondary roof types. (7) Maximum setbacks should be established for particular areas where new facilities may compromise the visual continuity of a street or corridor. When necessary, landscape screening of parking and loading areas shall include tall evergreen trees, shrubs, and/or berms. SECTION 3. Authority. The Town Board may adopt this local law pursuant to Municipal Home Rule Law §§10 (1)(ii)(a)(11) and (12). 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 authorized to publish the following Notice of Public Hearing: Generated 11/15/2021 Page 12 Southampton Town Board - Letter Board Meeting of November 9, 2021 NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that the Town Board hereby directs that a public hearing shall be held on December 14, 2021 at 1:00 p.m., via videoconferencing, to hear any and all persons either for or against to hear any and all persons either for or against a local law entitled: “A LOCAL LAW to amend Chapters 330-162 Special Exception Uses and Chapter 330-33 Business Districts Table of Use Regulations of the Code of the Town of Southampton to list self-service storage facility as a special exception use in the Highway Business (HB) zoning district and establish additional special exception standards.’” Summary of Proposed Law The intent of the proposed code amendment is to list self-service storage facility as a special exception use in the Highway Business (HB) Zoning District and establish additional special exception standards to mitigate adverse impacts of said use while promoting development that compliments the existing community character. 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, Martel, Bouvier, Schiavoni Generated 11/15/2021 Page 13 Southampton Town Board - Letter Board Meeting of November 9, 2021 TOWN BOARD RESOLUTION 2021-1089 Item # 7.57 ADOPTED DOC ID: 38686 Notice of Public Hearing to Consider Historic Landmark Designation of the 680 Scuttle Hole Road, Water Mill, SCTM 900- 67-1-6.5, aka "The Maples" WHEREAS, pursuant to Section 330-321 of the Southampton Town Code, the Town Board has the authority to designate certain properties as Southampton Town Historic Landmarks; and WHEREAS, the Town Department of Land Management received a Historic Site Designation Application from BH680 L.L.C.; owner of property located at 680 Scuttle Hole Road, Water Mill, NY (Suffolk County Tax Parcel 900-67-1-6.5) aka “The Maples”; and WHEREAS, the Landmarks and Historic Districts Board has reviewed the nomination application for Landmark designation, including pertinent materials with regard to the subject property and has found that the said property meets the following three designation criteria of Town Code Section 330-321 (B)(1): (a) Possesses special character or historic or aesthetic interest of value as part of the cultural, political, economic or social history of the locality, region, state or nation. (by virtue of its connection to the agricultural economy and history of the Town as embodied in its 1911 farmhouse origin). (b) Is identified with historic personages or is the site of an historic event in the Town, state, or nation. (by virtue of the owning person of Henri de Kerillis, recognized French World War I hero and anti-Nazi political leader prior to and during World War II) (c) Embodies the distinguishing characteristics of an architectural type, period, or style or contains elements of design, details, materials or craftsmanship which represent a significant innovation. (by virtue of its design and construction in th the form a vernacular shingled style, gabled roof farmhouse of early 20 Century); WHEREAS, by a duly adopted resolution dated October 19, 2021, the Landmarks and Historic Districts Board recommended Town Board designation of the said property, as a Southampton Town Historic Landmark; and WHEREAS, pursuant to Section 330-321(E)(1) of the Southampton Town Code, the Town Board is required to hold a public hearing prior to taking action on an application for designation as a Historic Landmark; now therefore be it RESOLVED, that the Town Board directs that a public hearing shall be held by video conferencing on December 14, 2021 at 1:00 p.m., to hear any and all persons either for or against said application to designate Lot 2 on the proposed Subdivision Map of BH680 LLC, which will contain the existing dwelling and accessory structures, as a Southampton Town Historic Landmark; and be it further RESOLVED, that the Town Board directs the Town Clerk to forward said application and Generated 11/15/2021 Page 14 Southampton Town Board - Letter Board Meeting of November 9, 2021 report from the Town Landmarks and Historic Districts Board, to the Planning Board for their review and recommendations pursuant to Section 330-321(D); and be it further RESOLVED, that the Town Board directs the Town Clerk to provide a copy of this resolution to the Chief Building Inspector for compliance with Section 330-321(E)(2); and be it further RESOLVED, that the Town Clerk is hereby authorized to publish the following Notice of Public Hearing, and mail a copy of the Notice to the owner of the property. NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that a public hearing will be held by the Town Board of the Town of Southampton, by video conferencing, on December 14, 2021 at 1:00 p.m., to hear any and all persons either for or against an application from BH680 L.L.C, owner of property located at 680 Scuttle Hole Road, Water Mill, NY (Suffolk County Tax Parcel 900-67-1-6.5) aka “The Maples”, for Southampton Town Historic Landmark designation of Lot 2 on the proposed Subdivision Map of BH680 LLC, which will contain the existing dwelling and accessory structures. FURTHER NOTICE, that due to public health and safety concerns related to COVID-19, the Southampton Town Board will not be meeting in-person. In accordance with Chapter 417 of the Laws of 2021, the Town Board meeting will be held via video conferencing, and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live, and to provide comments. The public can watch the live meeting online from the Town of Southampton website on the Town Clerk’s Meeting Portal, via You Tube, or through the Zoom App. If any interested members of the public would like to provide comments on the public hearing, comments can be called in during the meeting via telephone or the Zoom App. Comments can also be emailed up until one hour before the start of the meeting to the Town Clerk at townclerk@southamptontownny.gov <mailto:townclerk@southamptontownny.gov>. Please continue to check the Town Clerk’s website and Meeting Portal as the hearing date approaches for further instructions on how to access the virtual meeting, and for any updated information. Copies of said application are on file in the Office of the Town Clerk and are available for public review. BY ORDER OF THE TOWN BOARD TOWN OF SOUTHAMPTON, NEW YORK SUNDY A. SCHERMEYER, TOWN CLERK Financial Impact: NONE RESULT: ADOPTED \[UNANIMOUS\] MOVER: John Bouvier, Councilman SECONDER: Tommy John Schiavoni, Councilman AYES: Schneiderman, Lofstad, Martel, Bouvier, Schiavoni Generated 11/15/2021 Page 15 Southampton Town Board - Letter Board Meeting of November 9, 2021 TOWN BOARD RESOLUTION 2021-1090 Item # 7.58 ADOPTED DOC ID: 38687 Notice of Public Hearing to Consider Historic Landmark Designation of the structure known as "Laffalot" located at 8 Studio Lane, Shinnecock Hills, SCTM 900-211-2-30.1 WHEREAS, pursuant to Section 330-321 of the Southampton Town Code, the Town Board has the authority to designate certain properties as Southampton Town Historic Landmarks; and WHEREAS, the Town Department of Land Management received a Historic Site Designation Application from John F. and Lisa R. Cowell; owners of property located at 8 Studio Lane, Shinnecock Hills, NY (Suffolk County Tax Parcel 900-211-2-30.1) for Town Historic Landmark designation of the structure known as “Laffalot”; and WHEREAS, the Landmarks and Historic Districts Board has reviewed the nomination application for Landmark designation, including pertinent materials with regard to the subject structure and has found that the said structure meets the following three designation criteria of Town Code Section 330-321 (B)(1): (a) Possesses special character or historic or aesthetic interest of value as part of the cultural, political, economic or social history of the locality, region, state or nation. (by virtue of its connection to the Art Village, the community of patrons of the pleine air painting movement, and the school of William Merritt Chase), (b) Is identified with historic personages or is the site of an historic event in the Town, state, or nation. (by virtue of the person of Zella de Milhau, recognized artist and civic leader), (c) Embodies the distinguishing characteristics of an architectural type, period, or style or contains elements of design, details, materials or craftsmanship which represent a significant innovation. (by virtue of its design and construction in the form an Arts and Crafts shingled style cottage with hipped roof); and WHEREAS, by a duly adopted resolution dated October 19, 2021, the Landmarks and Historic Districts Board recommended Town Board designation of the said structure known as “Laffalot”, as a Southampton Town Historic Landmark; and WHEREAS, pursuant to Section 330-321(E)(1) of the Southampton Town Code, the Town Board is required to hold a public hearing prior to taking action on an application for designation of a Historic Landmark; now therefore be it RESOLVED, that the Town Board directs that a public hearing shall be held by video conferencing on December 14, 2021 at 1:00 p.m., to hear any and all persons either for or against said application to designate the said structure known as “Laffalot” as a Southampton Town Historic Landmark; and be it further RESOLVED, that the Town Board directs the Town Clerk to forward said application and report from the Town Landmarks and Historic Districts Board, to the Planning Board for their Generated 11/15/2021 Page 16 Southampton Town Board - Letter Board Meeting of November 9, 2021 review and recommendations pursuant to Section 330-321(D); and be it further RESOLVED, that the Town Board directs the Town Clerk to provide a copy of this resolution to the Chief Building Inspector for compliance with Section 330-321(E)(2); and be it further RESOLVED, that the Town Clerk is hereby authorized to publish the following Notice of Public Hearing, and mail a copy of the Notice to the owner of the property. NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that a public hearing will be held by the Town Board of the Town of Southampton, by video conferencing, on December 14, 2021 at 1:00 p.m., to hear any and all persons either for or against an application from John F. and Lisa R. Cowell; owners of property located at 8 Studio Lane, Shinnecock Hills, NY (Suffolk County Tax Parcel 900- 211-2-30.1) for designation of the structure known as “Laffalot” as a Southampton Town Historic Landmark.. FURTHER NOTICE, that due to public health and safety concerns related to COVID-19, the Southampton Town Board will not be meeting in-person. In accordance with Chapter 417 of the Laws of 2021, the Town Board meeting will be held via video conferencing, and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live, and to provide comments. The public can watch the live meeting online from the Town of Southampton website on the Town Clerk’s Meeting Portal, via You Tube, or through the Zoom App. If any interested members of the public would like to provide comments on the public hearing, comments can be called in during the meeting via telephone or the Zoom App. Comments can also be emailed up until one hour before the start of the meeting to the Town Clerk at townclerk@southamptontownny.gov <mailto:townclerk@southamptontownny.gov>. Please continue to check the Town Clerk’s website and Meeting Portal as the hearing date approaches for further instructions on how to access the virtual meeting, and for any updated information. Copies of said application are on file in the Office of the Town Clerk and are available for public review. BY ORDER OF THE TOWN BOARD TOWN OF SOUTHAMPTON, NEW YORK SUNDY A. SCHERMEYER, TOWN CLERK Financial Impact: NONE RESULT: ADOPTED \[UNANIMOUS\] MOVER: John Bouvier, Councilman SECONDER: Tommy John Schiavoni, Councilman AYES: Schneiderman, Lofstad, Martel, Bouvier, Schiavoni Generated 11/15/2021 Page 17 Southampton Town Board - Letter Board Meeting of November 9, 2021 TOWN BOARD RESOLUTION 2021-1091 Item # 7.59 ADOPTED DOC ID: 38723 Assume Lead Agency for the Purpose of SEQRA in Connection with NRP Group's Change of Zone Application entitled "The Preserve at South Country Road" for a Change from CR-40 to Multi-Family Planned Residential District (MFPRD) on a 17 Acre Parcel in order to Facilitate Development of 104 Units (6 Units/Acre) of Affordable Rental Housing in the Hamlet of Quiogue WHEREAS, on March 5, and November 5 of 2020, NRP Group submitted a request pursuant to Town Code section 330-185(C), for a public work session to discuss a proposed application for a change-of-zone, for properties located at 670 Montauk Highway and 107 South Country Road; and WHEREAS, specifically, the lot area of the proposed development is approximately 17.34 acres (762,300 sq. ft.) of an overall 23.02 acre (1,002,923 sq. ft.) site that is partially occupied by Strebel’s Laundry Inc. and is comprised of two lots (SCTM No 900-359-4-46 is vacant; SCTM No. 900-359-4-47 is Strebel’s); and WHEREAS, the applicant seeks to subdivide the parcel partially containing Strebel’s into two lots, namely the parcel containing said pre-existing laundry use consisting of approximately 5.7 acres and the resulting parcel consisting of approximately 16.2 acres; and WHEREAS, the resulting 16.2 acre parcel will be incorporated with the vacant parcel (1.3 acres) located at 900-359-4-46 to formulate the project site; and WHEREAS, the subject parcels are currently zoned County Residence (CR-40) and front on both Montauk Highway to the south, and South Country Road to the north, in the Hamlet of Quiogue; and WHEREAS, NRP Groups seeks a zoning change from (CR-40) to Multi-family Planned Residential District (MFPRD) to allow six (6) units per acre to facilitate the development of 100% affordable community benefit rental housing; and WHEREAS, specifically the applicant proposes to construct eight (8) two-story residential buildings with a total of one hundred and four (1 0 4) units of rental apartments with a clubhouse and open space containing recreational trails and amenities as well as one hundred forty eight (148) parking spaces and onsite sewage treatment facility; and WHEREAS, pursuant to Town Code §330-185(C) (4), by Resolution 2021-412, the Town Board elected to consider a formal application on said proposal; and WHEREAS, on August 20, 2021, the Town Clerk received a formal application for the change of zone; and WHEREAS, the proposed Change of Zone is a Type I Action pursuant to the State Environmental Quality Review, and the regulating provisions of 6 NYCRR Part 617; and Generated 11/15/2021 Page 18 Southampton Town Board - Letter Board Meeting of November 9, 2021 WHEREAS, the following are identified as involved agencies: 1. Town of Southampton Planning Board c/o Jacqui Lofaro, Chair 2. Suffolk County Department of Health Services c/o John Sohngen, P.E. Office of Ecology, 360 Yaphank Avenue suite 2 B Yaphank, New York 11980 3. Suffolk County Water Authority 4060 Sunrise Highway Oakdale, NY 11769 4. Suffolk County Department of Public Works c/o William Hillman, P.E., Chief Engineer 335 Yaphank Avenue Yaphank, NY 11980 5. Suffolk County Sewer Agency c/o Boris Rukovets, P.E. 335 Yaphank Ave Yaphank, NY 11980 6. Jonathan Keyes Director of Downtown and Transit-Oriented Development Suffolk County Department of Economic Development & Planning Executive Director/CEO, Suffolk County Economic Development Corporation 100 Veterans Memorial Highway, 11th Floor Hauppauge, NY 11788 ; and WHEREAS, the following are identified as interested agencies: 1. Westhampton Beach, Board of Trustees Village of Westhampton Beach 165 Mill Road Westhampton Beach, NY 11978 2. New York State Housing and Community Renewal c/o Travis Edington 38-40 State Street Hampton Plaza Albany, NY 12207 3. Westhampton War Memorial Beach Ambulance Associate c/o Robert Brancroft (Chief) 3 Hazelwood Ave. Westhampton Beach, NY 11978 4. Westhampton Beach Fire Department c/o Mauro Dibenedetto (Chief) 92 Sunset Avenue. Generated 11/15/2021 Page 19 Southampton Town Board - Letter Board Meeting of November 9, 2021 P.O. Box 1526 Westhampton Beach, NY 11978 5. Southampton Town Engineering Department c/o Thomas Houghton, P.E. 6. Southampton Town Building Department c/o Chief Building Inspector 7. Southampton Town Department of Public Safety c/o John Rankin, Chief Fire Marshal 8. Southampton Town Highway Department c/o Alex Gregor, Superintendent of Highways 9. Southampton Town Architectural Review Board c/o Michael Charrier, Chairman 10. Southampton Town Police Department c/o Chief Steven E. Skrynecki 11. Southampton Town Transportation Commission c/o Tony Filorimo, Chairman 12. Westhampton Beach School District c/o Carolyn Probst, Superintendent 340 Mill Road, Westhampton Beach, NY 11978 13. Citizen Advisory Committee West c/o Emily Sanz - Chair WHEREAS, pursuant to Resolution 2021-985 dated October 12, 2021, the Town Clerk forwarded the Change of Zone application to all involved agencies for the purposes of determining Lead Agency for the SEQRA review; and WHEREAS, no involved agency has requested Lead Agency for this action; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Southampton hereby assumes Lead Agency, and will assess the potential significance of any associated adverse impacts on the environment pursuant to the State Environmental Quality Review Act and Chapter 157 of the Town Code; and BE IT FURTHER RESOLVED, the Town Clerk is directed to notify all involved and interested agencies of the Town Board’s Lead Agency Status. Financial Impact: None. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Jay Schneiderman, Supervisor SECONDER: John Bouvier, Councilman AYES: Schneiderman, Lofstad, Martel, Bouvier, Schiavoni Generated 11/15/2021 Page 20 Southampton Town Board - Letter Board Meeting of November 9, 2021 Generated 11/15/2021 Page 21 r,6n^e tlpd{Ir ix a" Southampton Town Board Sundy A Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 ��,� tiw Fax: (631) 283-5606 ti .,tl September 30 2021 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 town+clerk so thia tontownn . o . Signature: Date Please be advised` hat the Town Board, at a meeting held on September 28, 2021 6:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2021-924 Adopted [Unanimous] Historic Landmark Designation of the "Winter Cabin"building (aka Dining Hall, associated with the former Girl Scout Camp Tekekwitha) located at the Town's Squiretown Park with entrance at 62 Red Creek Road, Hampton Bays, Pursuant to Southampton Town Code Section 330-321 Town Board Resolution RES-2021-936 Adopted [Unanimous] Notice of Public Hearing to Consider A Local Law Amending Chapter 330 (Zoning) of the Southampton Town Code, with the Addition of Article XIV (Cultural Resources Protection Overlay District) Sincerely Yours, S Sundy A Schermeyer Town Clerk Generated 9/30/2021 Page 1 Southampton Town Board Sundy A Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 Fax: (631) 283-5606 September 30, 2021 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 September 28, 2021 6:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2021-924 Adopted \[Unanimous\] Historic Landmark Designation of the “Winter Cabin” building (aka Dining Hall, associated with the former Girl Scout Camp Tekekwitha) located at the Town's Squiretown Park with entrance at 62 Red Creek Road, Hampton Bays, Pursuant to Southampton Town Code Section 330-321 Town Board Resolution RES-2021-936 Adopted \[Unanimous\] Notice of Public Hearing to Consider A Local Law Amending Chapter 330 (Zoning) of the Southampton Town Code, with the Addition of Article XIV (Cultural Resources Protection Overlay District) Sincerely Yours, Sundy A Schermeyer Town Clerk Generated 9/30/2021 Page 1 Southampton Town Board Sundy A Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 Fax: (631) 283-5606 September 30, 2021 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 September 28, 2021 6:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2021-924 Adopted \[Unanimous\] Historic Landmark Designation of the “Winter Cabin” building (aka Dining Hall, associated with the former Girl Scout Camp Tekekwitha) located at the Town's Squiretown Park with entrance at 62 Red Creek Road, Hampton Bays, Pursuant to Southampton Town Code Section 330-321 Town Board Resolution RES-2021-936 Adopted \[Unanimous\] Notice of Public Hearing to Consider A Local Law Amending Chapter 330 (Zoning) of the Southampton Town Code, with the Addition of Article XIV (Cultural Resources Protection Overlay District) Sincerely Yours, Sundy A Schermeyer Town Clerk Generated 9/30/2021 Page 1 Southampton Town Board - Letter Board Meeting of September 28, 2021 TOWN BOARD RESOLUTION 2021-924 Item # 7.15 ADOPTED DOC ID: 38412 Historic Landmark Designation of the “Winter Cabin” building (aka Dining Hall, associated with the former Girl Scout Camp Tekekwitha) located at the Town's Squiretown Park with entrance at 62 Red Creek Road, Hampton Bays, Pursuant to Southampton Town Code Section 330-321 WHEREAS, the Town Department of Land Management received a Historic Site Designation Application from The Town Community Preservation Office for the Town owned building known as the “Winter Cabin” (aka Dining Hall, associated with the former Girl Scout Camp Tekekwitha) located at the Town's Squiretown Park at 7 West Land Road with entrance at 62 Red Creek Road, Hampton Bays, NY (further identified on the Suffolk County Tax Map as #900-174-1-35); and WHEREAS, the Landmarks and Historic Districts Board has reviewed the aforesaid application, including pertinent materials with regard to the subject property and has found that the said building meets the following two designation criteria of Town Code Section 330-321 (B)(1)(a) possesses special character or historic aesthetic interest of value as part of the cultural, political, economic and social history of the locality, region, state or nation (by virtue of its long association with and use by the Girl Scout organization; the socialization experience of the young to the world of nature in camping, hiking, swimming, fishing, bird watching, developing self-reliance), and (c) Embodies the distinguishing characteristics of an architectural type, period, or style or contains elements of design, details, materials or craftsmanship which represent a significant innovation (by virtue of its design and construction in the form of Adirondack style lodge); and WHEREAS, the Landmarks and Historic Districts Board, by resolution adopted April 20, 2021, recommends that the Town Board designate the aforesaid building as a Southampton Town Historic Landmark; and WHEREAS, the Southampton Town Planning Board, by resolution adopted September 9, 2021, recommends that the Town Board designate the aforesaid building as a Southampton Town Historic Landmark; and WHEREAS, the Town Board of the Town of Southampton held a public hearing on September 14, 2021 to consider Landmark designation of the aforesaid building; and WHEREAS, the Town Board of the Town of Southampton, based on the reports and recommendations submitted by the Town Planning Board and the Landmarks and Historic Districts Board, finds that the aforesaid building is an important historic resource and finds that the aforesaid building meets the criteria for Historic Landmark designation as defined by Section 330-321 (Procedure and criteria for designation of landmarks or historic districts) of the Town Code of the Town of Southampton; and WHEREAS, the Landmark designation of the aforesaid building is considered a "Type II Action" under 6 NYCRR Part 617.5(c) (32), provisions of the New York State Environmental Quality Review Act (SEQRA) and Chapter 157 of the Town Code, and no further environmental review is necessary; now therefore be it Generated 9/30/2021 Page 2 Southampton Town Board - Letter Board Meeting of September 28, 2021 RESOLVED, that the Town Board of the Town of Southampton hereby designates the “Winter Cabin” building (aka Dining Hall, associated with the former Girl Scout Camp Tekekwitha) located at the Town's Squiretown Park at 7 West Land Road with entrance at 62 Red Creek Road, Hampton Bays, NY (further identified on the Suffolk County Tax Map as #900-174-1-35) as a Town Historic Landmark, subject to the provisions of Section 330-321 of the Southampton Town Code; and be it further RESOLVED, that the Town Board directs the Town Clerk to forward notice of the designation of the aforesaid building as a Town Historic Landmark to the office of the Suffolk County Clerk for recording. Financial Impact: Recording fee to be paid from PDD Special Agency and Trust Account R3-99-R302-00-6420- 0000 RESULT: ADOPTED \[UNANIMOUS\] MOVER: John Bouvier, Councilman SECONDER: Tommy John Schiavoni, Councilman AYES: Schneiderman, Lofstad, Martel, Bouvier, Schiavoni Generated 9/30/2021 Page 3 Southampton Town Board - Letter Board Meeting of September 28, 2021 TOWN BOARD RESOLUTION 2021-936 Item # 7.29 ADOPTED DOC ID: 38443 Notice of Public Hearing to Consider A Local Law Amending Chapter 330 (Zoning) of the Southampton Town Code, with the Addition of Article XIV (Cultural Resources Protection Overlay District) LOCAL LAW NO. ___ OF 2021 A LOCAL LAW amending Chapter 330 (Zoning) of the Southampton Town Code with, the addition of adding Article XIV (Cultural Resources Protection Overlay District), to establish a procedure for identifying unmarked human burial sites and culturally sensitive archeological sites, prior to the commencement of certain types of construction and development activities and to ensure they remain undisturbed to the maximum extent practicable. BE IT ENACTED by the Town Board of the Town of Southampton as follows: SECTION 1. Legislative Intent. As articulated in the 1999 Comprehensive Plan Update, the historic and cultural past of Southampton Town is integral to its identity, sense of place and community, economy, and its attraction as a visitor destination and second home market. The Town Board finds that for this historic and cultural identity to be maintained, our historic and cultural resources must be identified, recognized, preserved and interwoven into the fabric of the Town. To that end, the Town has codified its commitment to the protection, enhancement and preservation of historic resources with legislation providing for the creation of historic districts and the designation of historic landmarks. In addition the Town actively pursues the acquisition of real property to ensure preservation of community character and the establishment of administrative management and stewardship for these resources. The fabric that identifies the Town includes the Shinnecock Indian Nation, the indigenous Native American tribe that has occupied Southampton for hundreds of generations. It is understood that cultural sites related to this occupation have the potential to include unmarked burial sites and associated funerary objects. Although these sites may exist throughout the Town, the Sebonac and Shinnecock Hills environs and the areas of Shinnecock Hills, identified as the Sugar Loaf Hill Shinnecock Indian Burial Grounds and Archaeological Resource Area and the Shinnecock Indian Contact Period Village Fort Area; designated on July 24, 1990 by Local Law 21-1990 as Critical Areas of Particular Concern with Respect to Locations having Social, Cultural, Historic, Archaeological or Educational Importance, are especially significant to the people of the Town, particularly to members of the Shinnecock Indian Nation, with which they are associated. Similarly, non-indigenous inactive and / or abandoned family burial sites contribute to our historical identity. These sites have been identified, located and inventoried on the “Historic Cemetery List”, maintained by the Town Clerk Historic Division. The Town Board acknowledges the sanctity of human burial sites and their intrinsic historic value to the cultural and religious traditions with which they are associated. New York is Generated 9/30/2021 Page 4 Southampton Town Board - Letter Board Meeting of September 28, 2021 one of very few states which has no express statutory protection for unmarked burial sites and burial sites on private property. The Town recognizes that existing laws have proven inadequate to protect both unmarked and marked burial sites on private property from unintentional disturbance in the course of construction, land development and other related activities, and regrettably, intentional and deliberate destruction, vandalism, and looting. On September 8, 2020, by Local Law No. 7-2020 the Town Board enacted Chapter 330-333 of the Town Code (Protection and treatment of unmarked graves) On September 8, 2020, by Local Law No. 8-2020 the Town enacted the Shinnecock Hills Moratorium for the purpose of reviewing current Town building and development codes and procedures with the goal of adopting local legislation that would allow for human remains, associated funerary artifacts, and culturally sensitive archeological artifacts to be identified before they are disturbed by the process of construction and development and to ensure that they remain undisturbed to the maximum extent practicable, and treated with the utmost respect consistent with the wishes of lineal descendants and culturally affiliated groups. SECTION 2. Amendment. Chapter 330 (Zoning) of the Southampton Town Code is hereby amended with the addition of Article XIV (Cultural Resources Protection Overlay District) with underlined words as follows: Article XIV. Cultural Resources Protection Overlay District § 330-71. Intent and Purpose. It is the intent of this Article to establish a Cultural Resources Protection Overlay District, within which construction and development activities requiring either a Building Permit, Site Plan Approval, Subdivision Approval or authorization by a Town Department Head for Town sponsored activities on Town land or in Town street rights of way, which activities exceed specific site disturbance thresholds depending on or proximity to known burial and other sensitive sites, will be required to conduct appropriate Cultural Resource Investigations for the purpose of identifying the existence of burial sites, human remains, associated funerary artifacts, and other culturally sensitive archeological sites; and to ensure that such sites, remains and artifacts are undisturbed to the maximum extent practicable. § 330-72. Applicability. The provisions of this Article shall apply to lands in the Town, outside the Shinnecock Indian Nation and Incorporated Villages and encompassing properties in the following areas: Cultural Resources Protection Area A - Areas of greater sensitivity encompassing the Shinnecock Fort site, Sugar Loaf Hill burial site and other areas of sensitivity identified in the “Phase IA Cultural Resources Survey for Shinnecock Hills, Sebonac and Environs”, superimposed upon the Zoning Map of the Town of Southampton and delineated as “Cultural Resources Protection Overlay District Area A”, as same may be updated from time to time as a result of new information from ongoing investigations. Generated 9/30/2021 Page 5 Southampton Town Board - Letter Board Meeting of September 28, 2021 Cultural Resources Protection Area B - Areas of general sensitivity beyond the more sensitive area of the Shinnecock Fort site and Sugar Loaf Hill burial site, superimposed upon the Zoning Map of the Town of Southampton and delineated as “Cultural Resources Protection Overlay District Area B”, as same may be updated from time to time as a result of new information from ongoing investigations. Cultural Resources Protection Area C - Inactive and / or Abandoned Family Burial Sites, identified on the “Town of Southampton Historic Cemetery List”, superimposed upon the Zoning Map of the Town of Southampton and delineated as “Cultural Resources Protection Overlay District Area C”, as same may be updated from time to time as a result of new information from ongoing investigations as same may be updated from time to time as a result of new information from ongoing investigations. § 330-73. Definitions. As used in this article, the following terms shall have meanings as indicated: Site Disturbance Disturbance, excavation or regrading of the ground surface associated with all forms of construction, development, landscaping, and vegetation removal in conjunction with any application to the Town Building Division or to the Town Planning Board for Site Plan or Subdivision Approval. New York State Standards for Cultural Resource Investigations Standards established by New York Archaeological Council (NYAC) and adopted by New York State Office of Parks Recreation and Historic Preservation (NYS OPRHP) as may be amended from time to time. These standards can be located at https://nysarchaeology.org/nyac/professional-standards/ Phase IA - Cultural Resource Investigation: Literature Search and Sensitivity Assessment Reconnaissance and documentary research intended to gather information concerning the environmental/physical setting of a specific project as well as its cultural setting as more fully outlined by the NY Archaeological Council standards referenced herein. Phase IB - Cultural Resource Investigation: Field Investigation Guidelines Field investigations designed to assess archaeologically sensitive areas that include, but are not limited to systematic surface survey, subsurface shovel testing, and remote sensing studies as more fully outlined by the NY Archaeological Council standards referenced herein. Phase II - Cultural Resource Investigation: Site Evaluation The primary goals of Phase II Cultural Resource Investigations are to obtain detailed information on the integrity, limits, structure, function, Generated 9/30/2021 Page 6 Southampton Town Board - Letter Board Meeting of September 28, 2021 and cultural/historical context of an archaeological site sufficient to evaluate its Potential National Register eligibility as more fully outlined by the NY Archaeological Council standards referenced herein Phase III - Cultural Resource Investigation: Data Recovery Phase III Cultural Resource Investigations are required if an archaeological/historical resource listed on or eligible for inclusion on the State or National Register of Historic Places (SHPO) is identified and impacts to this resource by a proposed project are anticipated. When a data recovery plan is developed, it should be based on a balanced combination of resource-preservation, engineering, environmental and economic concerns. Mitigation may take the form of avoidance through project redesign, reduction of the direct impacts on the resource with data recovery on the portion to be destroyed, data recovery prior to construction, recordation of structural remains, and/or a combination of the above, as more fully outlined by the NY Archaeological Council standards referenced herein. § 330-74. Construal with other statutes. Portions of the Overlay District are designated as Critical Areas of Particular Concern with Respect to Locations having Social, Cultural, Historic, Archaeological or Educational Importance, pursuant to the State Environmental Quality Review Act and Chapter 157-10 (Environmental Quality Review, Critical areas) of the Code of the Town of Southampton. § 330-75. Protection of cultural resources A. Site Disturbance Plan To ensure the protection of archeological and cultural resources, particularly human burial sites and funerary artifacts, any application to the Town Building Division or to the Town Planning Board, within the Overlay District shall include a Site Disturbance Plan. In addition, any work performed on Town owned land or Town street rights of way, either directly by the Town, a contractor or an outside agency, shall be required to submit a Site Disturbance Plan to the Town Planning Division, prior to the issuance of any permits or the commencement of any work or disturbance. The Site Disturbance Plan shall be based on a recent survey of the subject property (less than 6 months) at a minimum scale of one (1) inch to forty (40) feet, with topographic contour intervals not more than 5 feet. The Site Disturbance Plan shall identify the location of existing and proposed structures, buildings, pools, recreation courts, driveways, landscaping, and naturally occurring vegetated areas. The Site Disturbance Plan shall also delineate the location, limits and extent of areas to be disturbed, excavated, or regraded and shall indicate the square footage, depth and volume of all such disturbance, in conjunction with all forms of construction, development, landscaping and vegetation removal, whether for public or private purposes. At the time of said application or project on Town land or street right of way the Generated 9/30/2021 Page 7 Southampton Town Board - Letter Board Meeting of September 28, 2021 corner locations of all proposed buildings and/or structure shall be staked by a licensed surveyor in accordance with a building survey and plastic surveying ribbon or an equivalent shall be placed around the perimeter of all such areas proposed to be disturbed, excavated or graded, as depicted on the Site Disturbance Plan. The Site Disturbance Plan shall be submitted and reviewed in accordance with the following Site Disturbance Activity procedures: (1) Activity requiring a Building Permit A Site Disturbance Plan shall be submitted to the Town Building Division with any application requiring a Building Permit. A permit shall not be issued until referral of the Site Disturbance Plan has been made to the Planning Division and reviewed and approved in accordance with this section. (2) Activity requiring a Site Plan Approval or Subdivision Approval A Site Disturbance Plan shall be submitted to the Town Planning Board with any application requiring Site Plan Approval or Subdivision Approval. Approvals shall not be issued until the Site Disturbance Plan has been reviewed and approved by the Planning Division in accordance with this section. (3) Activity occurring on Town owned land or street right of way A Site Disturbance Plan shall be submitted to the Town Planning Division prior to the issuance of any permits or the commencement of any work or disturbance on Town owned land or within any Town street right of way, either directly by the Town, a contractor or an outside agency. Approvals or commencement of work shall not occur until the Site Disturbance Plan has been reviewed and approved by the Planning Division in accordance with this section. (4) The Planning Division shall review all Site Disturbance Plans to determine if site disturbances exceed any of the following thresholds for the applicable Overlay District Sub-Area. (5) Site Disturbance Thresholds: As per the table below: Overlay Excavation Excavation New House Any Any District Depth and Volume Construction Disturbance Disturbance Sub-Areas Volume Area A X Area B > 2 foot > 50 cubic X depth and > yards 20 cubic yards Area C within 20 feet of burial Generated 9/30/2021 Page 8 Southampton Town Board - Letter Board Meeting of September 28, 2021 area B. Phase IB Cultural Resource Investigation If the Planning Division determines that a Site Disturbance threshold for the respective Overlay District Sub-Area has been exceeded, the Building Permit application, Site Plan application or Subdivision application shall be considered incomplete and the Building Division or Planning Board shall respectively notify the applicant that a Phase IB Cultural Resource Investigation will be required. Likewise, for disturbance of Town owned land and Town street rights of way that exceed a Disturbance threshold, the applicable Town Department Head shall be notified that a Phase IB Cultural Resource Investigation is required. A Phase IA Cultural Resource Investigation Survey for Shinnecock Hills, Sebonac and Environs, has been conducted by the Town and will be updated periodically to reflect newly identified Burial Sites and areas of Sensitivity as a result of new finds and information from subsequent Investigations in the Overlay District. Said Phase IB Cultural Resource Investigation shall be conducted by a Registered Professional Archaeologist, in accordance with New York State Standards for Cultural Resource Investigations, covering the area within which a disturbance threshold is exceeded. Phase IB Cultural Resource Investigations prepared in connection with past subdivision or development projects will not satisfy this requirement as they will not be as site specific as required herein. The applicant or Town Department Head shall provide the Town Planning and Development Administrator at least a 10 day notice of the date and time for the commencement of any field investigation and shall also provide written outline and description of the plan and methodology by which the Investigation will be conducted. For applications located in the Cultural Resources Protection Overlay District Areas A and B, that require a Phase IB Cultural Resource Investigation, the applicant, or the applicable Town Department Head in the case of disturbances on Town owned land or Town street rights of way, shall be required to mail written notice by certified mail, return receipt requested, to Shinnecock Indian Nation Tribal Office, Post Office Box 5006, advising of the pending nature of the proposed construction, development or disturbance, together with a copy of the project application form or project description and the Site Disturbance Plan. Said notice to the Shinnecock Nation shall be mailed no less than 10 days prior to the submission of the Phase IB Cultural Resource Investigation to the Town. Proof of said mailing must be submitted to the applicable Town Department along with the Phase IB Cultural Resource Investigation. The mailing of said notice shall be considered jurisdictional and failure to mail notice along with the project application form and Site Disturbance Plan or to provide the return receipt, will result in the rejection of the application until such time as the mailing notification requirements have been satisfied. For those applications and projects determined to exceed a Site Disturbance threshold, the Phase IB Cultural Resource Investigation shall be submitted by the applicant to the Building Division in connection with a Building Permit and to the Planning Board in connection with a Site Plan or Subdivision Application; which shall then be referred to the Town Planning and Development Administrator, or Generated 9/30/2021 Page 9 Southampton Town Board - Letter Board Meeting of September 28, 2021 designated alternate, for review. Phase IB Cultural Resource Investigations for projects on Town owned land or Town street rights of way shall be submitted to the Town Planning and Development Administrator. The Town Planning and Development Administrator will provide a copy of the Phase IB Cultural Resource Investigation to the Shinnecock Indian Nation Tribal Office and to New York State Historic Preservation Office (SHPO) at least two weeks prior to making a determination on the Phase IB. If the Town Planning and Development Administrator, or designated alternate, determines that the conclusions and recommendations of the Cultural Resource Investigation are accepted and no further investigation is warranted, the Administrator is empowered to authorize the review and issuance of permits and approvals to proceed accordingly. C. Phase II Cultural Resource Investigations If the conclusions and recommendations of the Phase IB Cultural Resource Investigation suggest that further investigations are warranted, a Phase II Cultural Resource Investigation shall be required, in order to establish the significance of the archaeological site, covering the area within which a disturbance threshold is exceeded. The Phase II Investigation shall be conducted by a Registered Professional Archaeologist, in accordance with New York State Standards for Cultural Resource Investigations and shall include, at a minimum, information on boundaries, integrity and significance of the archaeological resource(s), evaluation of the impact of the proposed project, and any additional data necessary to evaluate eligibility. The applicant shall provide the Town Planning and Development Administrator at least a 10 day notice of the date and time for the commencement of any field investigation and shall also provide written outline and description of the plan and methodology by which the Investigation will be conducted. The Town Planning and Development Administrator will provide a copy of the Phase II Cultural Resource Investigation to the Shinnecock Indian Nation Tribal Office and to New York State Historic Preservation Office (SHPO) at least one week prior to making a determination on the Phase II. As an alternative to preparation of a required Phase II Investigation, the applicant shall have the option of submitting a revised Site Disturbance Plan, which would require a new Phase IB Investigation. D. Phase III Cultural Resource Investigation If a National Register listed or eligible resource cannot be avoided, some form of mitigation is required, which would be in the form of a Phase III Data Retrieval Plan, conducted by a Registered Professional Archaeologist in accordance with New York State Standards for Cultural Resource Investigations. Mitigation may include the reduction of the direct impact on the resource as well as data retrieval for the portion of the site to be impacted. A Data Retrieval Plan should be developed that balances resource-preservation, engineering, environmental and economic concerns, while addressing research questions. The Town Planning and Development Administrator will provide a copy of the Phase III Cultural Resource Investigation to the Shinnecock Indian Nation Tribal Office and to New York State Generated 9/30/2021 Page 10 Southampton Town Board - Letter Board Meeting of September 28, 2021 Historic Preservation Office (SHPO) at least one week prior to making a determination on the Phase III. The full implementation of the Data Retrieval Plan shall ensure adequate mitigation of the resource. E. Stop-Work Order for Revised Site Disturbance Plan The Town Planning and Development Administrator shall assign appropriate Land Management Staff to conduct a site inspection to determine whether or not the areas proposed for construction and site disturbance, as staked and marked at the site, are consistent with the approved construction plans and survey and the Site Disturbance Plan. The Administrator may request the Town Archaeologist or other qualified expert be present to assist in making a determination, assessment or recommendation related to the Site Disturbance Plan. Should there be a violation of the Site Disturbance Plan, a Stop-Work Order, as provided in Chapter 123 of the Town Code, shall be issued. It shall be the burden of the applicant to prove that areas of site disturbance complies with the approved construction plans and the Site Disturbance Plan by the submission of an as-built survey. Should the Town Planning and Development Administrator, or designated alternate, determine there is no further violation, the Stop-Work Order shall be rescinded. Should the Town Planning and Development Administrator, or alternate, determine that said as-built survey depicts a violation of these provisions, the Stop-Work Order shall remain in effect and a Revised Site Disturbance Plan shall be submitted to determine if a new or revised Phase IB Cultural Resource Investigation is required. F. Stop-Work Order for Discovery of unmarked burial site and / or human remains In the event of a discovery of an unmarked human burial site or possible human remains, either in the course of a Cultural Resource Investigation or during site construction or excavation following the issuance of a building permit or authorization to commence work, a Stop-Work Order, as provided in Chapter 123 of the Town Code, shall be issued and provisions of Chapter 330-333 of the Town Code (Protection and treatment of unmarked graves) shall immediately take effect. SECTION 3. Authority. The Town Board may adopt this local law pursuant to Municipal Home Rule Law §§10 (1)(ii)(a)(11) and (12). 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, the adoption of the Cultural Resources Protection Overlay District is Generated 9/30/2021 Page 11 Southampton Town Board - Letter Board Meeting of September 28, 2021 considered an “Unlisted Action” pursuant to 6 NYCRR Part 617, provisions of the New York State Environmental Quality Review Act ("SEQRA"), and Chapter 157 of the Town Code and thus, the Town Board will conduct an uncoordinated review pursuant to 6 NYCRR §617.6(b) (4); and be it further RESOLVED, that the Zoning Map of the Town of Southampton is hereby amended to indicate the existence of the Cultural Resources Protection Overlay District areas as noted herein and as depicted on the maps included in the Legislative record, and the Town’s GIS Department is authorized to include such areas in the Town’s GIS mapping and Govern software; and be it further RESOLVED that, pursuant to General Municipal Law §239-m, the Town Clerk is hereby authorized and directed to send a copy of this local law to the Suffolk County Planning Commission, as well as the Southampton Town Planning Board, 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 PLEASE TAKE NOTICE that a public hearing will be held by the Town Board of the Town of Southampton on October 26, 2021, 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 a proposed local law entitled: “A LOCAL LAW amending Chapter 330 (Zoning) of the Southampton Town Code, with the addition of Article XIV (Cultural Resources Protection Overlay District), to establish a procedure for identifying unmarked human burial sites and culturally sensitive archeological sites, prior to the commencement of certain types of construction and development activities and to ensure they remain undisturbed to the maximum extent practicable.” FURTHER NOTICE, that due to public health and safety concerns related to COVID-19, the Southampton Town Board will not be meeting in-person. In accordance with Chapter 417 of the Laws of 2021, the Town Board meeting will be held via videoconferencing, and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live, and to provide comments. The public can watch the live meeting online from the Town of Southampton website on the Town Clerk’s Meeting Portal, via YouTube, or through the Zoom App. If any interested members of the public would like to provide comments on the public hearing, comments can be called in during the meeting via telephone or the Zoom App. Comments can also be emailed up until one hour before the start of the meeting to the Town Clerk at townclerk@southamptontownny.gov <mailto:townclerk@southamptontownny.gov>. In addition, the record will remain open after the public hearing for the submission of written comments. Please continue to check the Town Clerk’s website and Meeting Portal as the hearing date approaches for further instructions on how to access the virtual meeting, and for any updated information. Summary of Proposed Law This local law establishes a Cultural Resources Protection Zoning Overlay District wherein a Site Disturbance Plan must be prepared by a developer or project sponsor prior to the Generated 9/30/2021 Page 12 Southampton Town Board - Letter Board Meeting of September 28, 2021 granting of approvals for certain types of construction and development activities. The Site Disturbance Plan must be reviewed and approved by the Town prior to the commencement of the proposed construction or development activities, including Town sponsored activities on Town land or in Town street rights of way. This local law also establishes varying site disturbance thresholds, within the different overlay district sub-areas, which, if exceeded will require the preparation of graduating degrees of Cultural Resource Investigations, depending on the archeological and cultural sensitivity that may or may not be encountered. The purpose of this local law is to establish a proactive procedure for identifying unmarked human burial sites and culturally sensitive archeological sites prior to the commencement of certain types of construction and development activities to ensure that they remain undisturbed to the maximum extent practicable. Copies of the proposed local law, sponsored by Town Supervisor Jay Schneiderman, are on file in the Town Clerk’s Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m. and online at the following link: <https://www.southamptontownny.gov/DocumentCenter/View/24370/-Cultural-Resource- Protection-Overlay> 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, Martel, Bouvier, Schiavoni Generated 9/30/2021 Page 13 Southampton Town Board Sundy A Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 Fax: (631) 283-5606 August 26, 2021 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 August 24, 2021 6:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2021-835 Adopted \[Unanimous\] Resolution of Adoption Amending Various Provisions of the Southampton Town Code, Including Chapters 330 (Zoning), 325 (Wetlands) and 123 (Building Construction) to Remove Notarization Requirement on Particular Forms Town Board Resolution RES-2021-853 Adopted \[Unanimous\] Notice of Public Hearing to Consider Historic Landmark Designation of the former Girl Scout Camp Tekakwitha Winter Cabin (aka Dining Hall) located at Squiretown Park, 7 West Landing Road, with entrance at 62 Red Creek Road, Hampton Bays Sincerely Yours, Sundy A Schermeyer Town Clerk Generated 8/26/2021 Page 1 Southampton Town Board Sundy A Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 Fax: (631) 283-5606 August 26, 2021 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 August 24, 2021 6:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2021-835 Adopted \[Unanimous\] Resolution of Adoption Amending Various Provisions of the Southampton Town Code, Including Chapters 330 (Zoning), 325 (Wetlands) and 123 (Building Construction) to Remove Notarization Requirement on Particular Forms Town Board Resolution RES-2021-853 Adopted \[Unanimous\] Notice of Public Hearing to Consider Historic Landmark Designation of the former Girl Scout Camp Tekakwitha Winter Cabin (aka Dining Hall) located at Squiretown Park, 7 West Landing Road, with entrance at 62 Red Creek Road, Hampton Bays Sincerely Yours, Sundy A Schermeyer Town Clerk Generated 8/26/2021 Page 1 Southampton Town Board - Letter Board Meeting of August 24, 2021 TOWN BOARD RESOLUTION 2021-835 Item # 6.16 ADOPTED DOC ID: 37062 Resolution of Adoption Amending Various Provisions of the Southampton Town Code, Including Chapters 330 (Zoning), 325 (Wetlands) and 123 (Building Construction) to Remove Notarization Requirement on Particular Forms WHEREAS, the Town Board of the Town of Southampton is considering amending various provisions of the Southampton Town Code, including Chapters 330 (Zoning), 325 (Wetlands) and 123 (Building Construction) to remove notarization requirement on particular forms; and WHEREAS, a public hearing was held by the Town Board of the Town of Southampton on August 10, 2021, at which time all persons either for or against said 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. 23 of 2021 is hereby adopted as follows: LOCAL LAW NO. 23 OF 2021 A LOCAL LAW amending various provisions of the Southampton Town Code, including Chapters 330 (Zoning), 325 (Wetlands) and 123 (Building Construction), to remove notarization requirement on particular forms. BE IT ENACTED by the Town Board of the Town of Southampton as follows: Section 1. Legislative Intent. Currently, the Town of Southampton requires notarized affidavit forms in connection with particular Land Management applications to several Town boards and agencies. While notary requirements are essential as a fraud-deterrent process to assure that certain documents are authentic, it is unnecessary to require notarization on particular Land Management application forms. Requiring unnecessary notarization of forms can place burdens upon applicants and impede the Town’s efforts to digitize and streamline application submissions. Thus, the purpose of this legislation is to ease the burden on applicants and streamline the application submission process by removing the notary requirement on particular forms in connection with Land Management applications. Section 2. Amendment. Generated 8/26/2021 Page 2 Southampton Town Board - Letter Board Meeting of August 24, 2021 Subsection D(5) of section 185 (Procedure for amendment of Zoning Law and zone classification) of Town Code Chapter 330 (Zoning), is hereby amended by deleting the stricken words and adding the underlined words as follows: §330-185. Procedure for amendment of Zoning Law and zone classification. D. Any petition for a change in the Zoning Map shall include the following: (1) The name of the property owner. (2) A map, accurately drawn to an appropriate scale, showing the proposed zone district boundary changes, property lines, the calculated areas affected, in acres or square feet, the street rights-of-way in the immediate vicinity and the lands and names of owners immediately adjacent to and extending within 500 feet of all boundaries of the property to be rezoned. (3) A metes and bounds description of the proposed amendment. (4) In the case of any petition for a change in the Zoning Map which is subject to review by the Suffolk County Planning Commission pursuant to §§ 239-l and 239-m of Article 12-B of the General Municipal Law, the petitioner shall comply with any and all additional requirements which said Commission may deem necessary. (5) A disclosure affidavit statement in the form prescribed by the Town Board. (6) The name and address of the relevant fire department, ambulance/emergency medical services agency, and other municipal agencies or districts with jurisdiction over the subject property. (7) The name and address of the school district(s) within which the proposed project lies. (8) A digital copy of all application materials in a format determined, and changed as needed, by the Town Clerk. Section 3. Amendment. Subdivisions D(1) and D(16) of subsection 7 (Application for permits) of Town Code Chapter 325 (Wetlands), is hereby amended by deleting the stricken words and adding the underlined words as follows: §325-7. Application for permits. D. An application shall include, but not be limited to, the following information: (1) The name, address and phone number of the applicant, his/her surveyor and the applicant's agent and/or attorney, if any, and whether the applicant is the owner, lessee or a contract vendee of that parcel. An agent or attorney filing an application on behalf of an applicant shall be required to file an affidavit stating that consent of all owners has been obtained for that agent or attorney to act in their behalf an endorsement from the owner stating that the agent or Generated 8/26/2021 Page 3 Southampton Town Board - Letter Board Meeting of August 24, 2021 attorney is authorized to make such application on their behalf. (2) The subdivision name, subdivision lot number, the zoning district, the Suffolk County Tax Map number and the Town-designated property number, the parcel's location in any zoning overlay districts and the size of the parcel. (3) List whether any rights-of-way, easements, restrictive covenants or any other encumbrances exist on the parcel, and include the legal instrument creating said encumbrance. (4) List whether any wetlands permits have been issued by the Town under Chapter 175 and/or Chapter 325 of Code of the Town of Southampton, and, if so, give the date the permit was issued and the name of the applicant. (5) List whether a wetlands permit or letter of nonjurisdiction has been obtained for the proposed project from the New York State Department of Environmental Conservation, and, if so, provide a copy of document. (6) List the predominant soil types on the parcel, describe the drainage characteristics of the property and the depth to groundwater on the parcel. (7) List whether any hunting, fishing or shellfishing opportunities presently exist on or adjacent to the parcel. (8) List whether the property contains any species of plant and/or animal life listed as rare, threatened or endangered by the United States of America, the State of New York or the New York State Heritage Program, and, if so, list the species and its status. (9) List whether the property has ever been used for the disposal of solid and/or hazardous waste. (10) List the dimensions, square footage, type of each proposed structure and the setback to all wetland boundaries and property lines for each proposed structure. (11) List the type and square feet or acres of vegetation and soil types, if any, to be cleared or removed. (12) List separately the amount of fill to be deposited on site for a septic system and for the rest of the proposed project. (13) List the anticipated water usage per day. (14) List whether the application requires the issuance of federal, state or other local government approval and/or permits. (15) A deed and/or title report demonstrating ownership of the subject parcel. (16) A disclosure affidavit statement from all owners of the property. Section 4. Amendment. Generated 8/26/2021 Page 4 Southampton Town Board - Letter Board Meeting of August 24, 2021 Section 8 (Work not requiring building permit or demolition permit) of Town Code Chapter 123 (Building Construction), is hereby amended by deleting the stricken words and adding the underlined words as follows: §123-8. Work not requiring building permit or demolition permit. An application for a building permit or a demolition permit is not required where there is no change in the perimeter or structural elements of an existing structure which is being repaired, improved or remodeled, or for such kinds, types and methods of repairs, improvements and alterations as the Town Board shall specify from time to time in regulations adopted by said Board by resolution applicable to this article. Notwithstanding, a residential storage shed, as defined in Town Code §330-5, shall not require a building permit but shall require an owner’s affidavit certification attesting to compliance with current Town Zoning Code regulations. Section 5. Amendment. Subdivision B(2) of section 9 (Application for building or demolition permit) of Town Code Chapter 123 (Building Construction), is hereby amended by deleting the stricken words and adding the underlined words as follows: §123-9. Application for building or demolition permit. B. Building permit application form; submission. (1) Application for a building permit shall be made to the Building Inspector on forms provided by the Building Division and shall contain the following information: (a) A description of the land on which the proposed work is to be done. (b) A statement of the use or occupancy of all parts of the land and of the building(s) or structure(s). (c) The valuation of the proposed work. (d) The full name and address of the owner and of the applicant and the names and addresses of their responsible officers, if any of them are corporations. (e) A brief description of the nature of the proposed work. (f) A duplicate set of plans and specifications as set forth in Subsection C of this section. (g) Such other information as may reasonably be required by the Building Inspector to establish compliance of the proposed work with the requirements of the applicable building laws, ordinances and regulations. (h) A digital copy of all application materials shall be submitted in a format determined, and changed as needed, by the Town Clerk. (2) Application shall be made by the owner or owner's agent or by the architect, engineer or builder employed in connection with the proposed work. Where Generated 8/26/2021 Page 5 Southampton Town Board - Letter Board Meeting of August 24, 2021 such application is made by a person other than the owner, it shall be accompanied by an affidavit of an endorsement from the owner stating that the proposed work is authorized by the owner and that the applicant is authorized to make such application for the proposed work. (3) Application for the installation, extension, modification or removal of any electrical systems or parts thereof shall be made to the Electrical Inspector on forms provided by him. Such forms shall contain information as may reasonably be required by the Electrical Inspector to establish compliance with the applicable ordinances and regulations. (4) Application for the construction, alteration, or removal of any plumbing or drainage systems in existing or proposed buildings and structures, or parts thereof, shall be made to the Building Inspector on forms provided by him. Such forms shall contain information as may reasonably be required by the Building Inspector to establish compliance with the applicable ordinances and regulations. (5) Where the building or structure requires referral to the Landmarks and Historic Districts Board pursuant to Subsection A(1)(a) of this section, the following additional information shall be required to be submitted as part of the building permit application, unless otherwise waived by the Landmarks and Historic Districts Board at the request of the applicant: (a) Color photographs of the interior and exterior of all structures that are part of the building permit application. (b) A structural engineering report regarding the condition/integrity of all structures that are part of the building permit application. (c) Architectural drawings, including plans, elevations, and existing and proposed site plans. Section 6. Authority. These amendments are authorized and enacted pursuant to Municipal Home Rule Law §§10(1)(ii)(a)(11), (12), and §10(1)(ii)(d)(3). Section 7. 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 provision so adjudged to be invalid or unconstitutional. Section 8. 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 Board hereby authorizes and directs the Town Clerk to publish the following Notice of Adoption: Generated 8/26/2021 Page 6 Southampton Town Board - Letter Board Meeting of August 24, 2021 NOTICE OF ADOPTION TAKE NOTICE, that after a public hearing was held by the Town Board of the Town of Southampton on August 10, 2021, the Town Board at its meeting of August 24, 2021, adopted LOCAL LAW NO. 23 OF 2021, as follows: “A LOCAL LAW amending various provisions of the Southampton Town Code, including Chapters 330 (Zoning), 325 (Wetlands) and 123 (Building Construction), to remove notarization requirement on particular forms.” Copies of this local law, sponsored by Councilman 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. RESULT: ADOPTED \[UNANIMOUS\] MOVER: John Bouvier, Councilman SECONDER: Julie Lofstad, Councilwoman AYES: Schneiderman, Lofstad, Martel, Bouvier, Schiavoni Generated 8/26/2021 Page 7 Southampton Town Board - Letter Board Meeting of August 24, 2021 TOWN BOARD RESOLUTION 2021-853 Item # 6.34 ADOPTED DOC ID: 37157 Notice of Public Hearing to Consider Historic Landmark Designation of the former Girl Scout Camp Tekakwitha Winter Cabin (aka Dining Hall) located at Squiretown Park, 7 West Landing Road, with entrance at 62 Red Creek Road, Hampton Bays WHEREAS, pursuant to Section 330-321 of the Southampton Town Code, the Town Board has the authority to designate certain properties as landmarks; and WHEREAS, the Town Department of Land Management received a Historic Site Designation Application from The Town Community Preservation Office for the Town owned structure known as the Winter Cabin (aka former Dining Hall associated with the Girl Scout Camp Tekekwitha) located at the Town's Squiretown Park at 7 West Land Road with entrance at 62 Red Creek Road, Hampton Bays, NY (further identified on the Suffolk County Tax Map as #900-174-1-35); and WHEREAS, the Landmarks and Historic Districts Board has reviewed the nomination application for historic landmark designation including pertinent materials with regard to the subject property and has found that the said structure meets the following two designation criteria of Town Code Section 330-321 (B)(1)(a) possesses special character or historic aesthetic interest of value as part of the cultural, political, economic and social history of the locality, region, state or nation (by virtue of its long association with and use by the Girl Scout organization; the socialization experience of the young to the world of nature in camping, hiking, swimming, fishing, bird watching, developing self-reliance), and (c) Embodies the distinguishing characteristics of an architectural type, period, or style or contains elements of design, details, materials or craftsmanship which represent a significant innovation (by virtue of its design and construction in the form of Adirondack style lodge); and WHEREAS, by a duly adopted resolution dated April 20, 2021, the Landmarks and Historic Districts Board recommended the Town Board approve the designation of the said structure , a Southampton Town historic landmark; and WHEREAS, pursuant to Section 330-321(E)(1) of the Southampton Town Code, the Town Board is required to hold a public hearing prior to taking action on an application for designation as a historic landmark; now therefore be it RESOLVED, that the Town Board directs that a public hearing shall be held on September 14, 2021 at 1:00 p.m., Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against said application to designate the said structure located at the subject property as a historic landmark; and be it further RESOLVED, that the Town Board directs the Town Clerk to forward said application and report from the Town Landmarks and Historic Districts Board, to the Planning Board for their review and recommendations pursuant to Section 330-321(D); and be it further RESOLVED, that the Town Board directs the Town Clerk to provide a copy of this resolution to the Chief Building Inspector for compliance with Section 330-321(E)(2); and be it further Generated 8/26/2021 Page 8 Southampton Town Board - Letter Board Meeting of August 24, 2021 RESOLVED, that the Town Clerk is hereby authorized to publish the following Notice of Public Hearing, and mail a copy of the Notice to the owner of the property. NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that a public hearing will be held by the Town Board of the Town of Southampton, on September 14, 2021 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 an application to designate the Town owned structure known as the Winter Cabin (aka former Dining Hall associated with the Girl Scout Camp Tekekwitha) located at the Town's Squiretown Park at 7 West Land Road with entrance at 62 Red Creek Road, Hampton Bays, NY (further identified on the Suffolk County Tax Map as #900-174-1-35) as a Town Historic Landmark. Copies of said application are on file in the Office of the Town Clerk and are available for public purview. BY ORDER OF THE TOWN BOARD TOWN OF SOUTHAMPTON, NEW YORK SUNDY A. SCHERMEYER, TOWN CLERK Financial Impact: NONE RESULT: ADOPTED \[UNANIMOUS\] MOVER: John Bouvier, Councilman SECONDER: Tommy John Schiavoni, Councilman AYES: Schneiderman, Lofstad, Martel, Bouvier, Schiavoni Generated 8/26/2021 Page 9 y. 4xwY h 6," p �^h bnYP'1 k"P F�r v w. Southampton Town Board Sundy A Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 Fax:Fax: (631) 283-5606 raio,uw July 15 2021 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 ._�o to l ritsouth wn,n . oar. Signature: Gate; Please be advised that the Town Board, at a meeting held on July 13, 2021 1:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2021-708 Adopted [4 to 0] Adopt Negative Declaration for Purposes of SEQRA In Connection With Authorizing the Alienation and Discontinuance of Approximately 2.9 Acres of Community Preservation Fund (CPF) Parkland in Furtherance of the Good Ground Road Extension, in Exchange for the Encumbrance and Dedication of Approximately 13.28 Acres of Property to be Used as Parkland within the Hamlet of Hampton Bays, Town of Southampton Town Board Resolution RES-2021-728 Adopted [Unanimous] Notice of Public Hearing to Consider Amending Various Provisions of the Southampton Town Code, Including Chapters 330 (Zoning), 325 (Wetlands) and 123 (Building Construction) to Remove Notarization Requirement on Particular Forms Town Board Resolution RES-2021-730 Adopted as Amended [Unanimous] Issue Positive Declaration for the Change of Zone Petition entitled "Concern for Independent Living" that Requests a Change from R-20 to Multi-Family (MF-44) and an Increase in Residential Density Pursuant to 330-8 to Enable Twelve (12) Units per Acre in Order to Construct a Sixty (60) Unit Supported Housing Development that is 100% Affordable, in the Hamlet of Tuckahoe Sincerely Yours, Sundy A Schermeyer Town Clerk Generated 7/15/2021 Page 1 Southampton Town Board Sundy A Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 Fax: (631) 283-5606 July 15, 2021 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 July 13, 2021 1:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2021-708 Adopted \[4 to 0\] Adopt Negative Declaration for Purposes of SEQRA In Connection With Authorizing the Alienation and Discontinuance of Approximately 2.9 Acres of Community Preservation Fund (CPF) Parkland in Furtherance of the Good Ground Road Extension, in Exchange for the Encumbrance and Dedication of Approximately 13.28 Acres of Property to be Used as Parkland within the Hamlet of Hampton Bays, Town of Southampton Town Board Resolution RES-2021-728 Adopted \[Unanimous\] Notice of Public Hearing to Consider Amending Various Provisions of the Southampton Town Code, Including Chapters 330 (Zoning), 325 (Wetlands) and 123 (Building Construction) to Remove Notarization Requirement on Particular Forms Town Board Resolution RES-2021-730 Adopted as Amended \[Unanimous\] Issue Positive Declaration for the Change of Zone Petition entitled "Concern for Independent Living" that Requests a Change from R-20 to Multi-Family (MF-44) and an Increase in Residential Density Pursuant to 330-8 to Enable Twelve (12) Units per Acre in Order to Construct a Sixty (60) Unit Supported Housing Development that is 100% Affordable, in the Hamlet of Tuckahoe Sincerely Yours, Sundy A Schermeyer Town Clerk Generated 7/15/2021 Page 1 Southampton Town Board Sundy A Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 Fax: (631) 283-5606 July 15, 2021 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 July 13, 2021 1:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2021-708 Adopted \[4 to 0\] Adopt Negative Declaration for Purposes of SEQRA In Connection With Authorizing the Alienation and Discontinuance of Approximately 2.9 Acres of Community Preservation Fund (CPF) Parkland in Furtherance of the Good Ground Road Extension, in Exchange for the Encumbrance and Dedication of Approximately 13.28 Acres of Property to be Used as Parkland within the Hamlet of Hampton Bays, Town of Southampton Town Board Resolution RES-2021-728 Adopted \[Unanimous\] Notice of Public Hearing to Consider Amending Various Provisions of the Southampton Town Code, Including Chapters 330 (Zoning), 325 (Wetlands) and 123 (Building Construction) to Remove Notarization Requirement on Particular Forms Town Board Resolution RES-2021-730 Adopted as Amended \[Unanimous\] Issue Positive Declaration for the Change of Zone Petition entitled "Concern for Independent Living" that Requests a Change from R-20 to Multi-Family (MF-44) and an Increase in Residential Density Pursuant to 330-8 to Enable Twelve (12) Units per Acre in Order to Construct a Sixty (60) Unit Supported Housing Development that is 100% Affordable, in the Hamlet of Tuckahoe Sincerely Yours, Sundy A Schermeyer Town Clerk Generated 7/15/2021 Page 1 Southampton Town Board - Letter Board Meeting of July 13, 2021 TOWN BOARD RESOLUTION 2021-708 Item # 7.29 ADOPTED DOC ID: 36940 Adopt Negative Declaration for Purposes of SEQRA In Connection With Authorizing the Alienation and Discontinuance of Approximately 2.9 Acres of Community Preservation Fund (CPF) Parkland in Furtherance of the Good Ground Road Extension, in Exchange for the Encumbrance and Dedication of Approximately 13.28 Acres of Property to be Used as Parkland within the Hamlet of Hampton Bays, Town of Southampton WHEREAS, by Resolution 2020-288, the Town Board of the Town of Southampton adopted Local Law No. 1 of 2020 amending Town Code Chapter 330 (Zoning), to add a new Article XXXII, Sections 330-421 through 330-439 entitled “Hampton Bays Downtown Overlay District (HBDOD)”; and WHEREAS, as part of that process a Supplemental Draft GEIS and Supplemental Final GEIS were prepared in accordance with the standards and procedures of SEQRA and its implementing regulations set forth in Part 617, Title 6 of the New York Code of Rules and Regulations (6 NYCRR Part 617); and WHEREAS, the Town Board as Lead Agency has duly adopted a Findings Statement that summarizes the facts and conclusions of the Draft SGEIS and Final SGEIS, considering public and agency responses, weighs and balances the relevant environmental impacts with social, economic and other considerations, and provides a rationale for the Town Board's decision; and WHEREAS, as part of the traffic mitigation strategies and as adopted in the SEQRA findings, it is the professional opinion of consulting traffic engineers Nelson & Pope that the traffic impacts associated with the construction of the downtown overlay district will be mitigated by the implementation of improvements and measures so the intersections in the study area will continue to operate at No Build or better levels of service after the construction of the 10-Year Build Condition; and WHEREAS, the extension of Good Ground Road to the light at SR24/Montauk Highway is recommended by the Town’s SEQRA assessment/findings for the HBDOD in order to provide a relief valve for traffic pressure on Main Street, and to serve as an alternative emergency route; and WHEREAS, in order to achieve the purposes described above, the Town seeks to alienate and discontinue as parkland 153 W. Montauk Highway, located in the hamlet of Hampton Bays, and further identified on the Suffolk County Tax Map as No. 900-222-1-18; and WHEREAS, in exchange, the Town proposes to encumber and dedicate as parkland that certain parcel located at 20 South Valley Road, in the hamlet of Hampton Bays, further identified on the Suffolk County Tax Map as No. 900-231-2-15.3, totaling approximately 13.28 acres; and Generated 7/15/2021 Page 2 Southampton Town Board - Letter Board Meeting of July 13, 2021 WHEREAS, pursuant to Town Law §64-e(10) and Town Code §140-7, said alienation and discontinuance is subject to: (I) the express authority of an act of the State Legislature, (ii) the adoption of this local law by a four-fifths majority of the Town Board, and (iii) the approval of this local law by the electors of the Town of Southampton at a mandatory referendum to be held at the November 2, 2021, general election; and WHEREAS, on behalf of the Town Board, Land Management Staff has advised that the proposed activities outlined above are considered an "Unlisted Action" and pursuant to 6 NYCRR Part 616.6 (b), the Town Board as Lead Agency will conduct an Uncoordinated review; and WHEREAS, Land Management has prepared the required Environmental Assessment Forms (EAFs) and the Town Board as Lead Agency has reviewed said documentation and considered the magnitude and importance of each impact; and WHEREAS, based on the review of the SEQRA Environmental Assessment Forms and reasons supporting the determination, the proposed action is consistent with the previously considered SEQRA GEIS/Findings and the proposed exchange of property that will facilitate construction/installation of the associated roadway/bike lane infrastructure, balanced with the social and economic benefits of the revitalization of the downtown via the overlay district regulations is not expected to result in any significant adverse environmental impacts; now therefore, be it RESOLVED, the Town Board hereby ADOPTS a NEGATIVE DECLARATION in accordance with pursuant to the State Environmental Quality Review Act and Chapter 157 of the Town Code; Financial Impact: None RESULT: ADOPTED \[4 TO 0\] MOVER: Jay Schneiderman, Supervisor SECONDER: Tommy John Schiavoni, Councilman AYES: Jay Schneiderman, Julie Lofstad, John Bouvier, Tommy John Schiavoni RECUSED: Rick Martel Generated 7/15/2021 Page 3 Southampton Town Board - Letter Board Meeting of July 13, 2021 TOWN BOARD RESOLUTION 2021-728 Item # 7.49 ADOPTED DOC ID: 36926 Notice of Public Hearing to Consider Amending Various Provisions of the Southampton Town Code, Including Chapters 330 (Zoning), 325 (Wetlands) and 123 (Building Construction) to Remove Notarization Requirement on Particular Forms RESOLVED, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on Tuesday, August 10, 2021, 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 amending various provisions of the Southampton Town Code, including Chapters 330 (Zoning), 325 (Wetlands) and 123 (Building Construction), to remove notarization requirement on particular forms,” which provides as follows: LOCAL LAW NO. OF 2021 A LOCAL LAW amending various provisions of the Southampton Town Code, including Chapters 330 (Zoning), 325 (Wetlands) and 123 (Building Construction) to remove notarization requirement on particular forms. BE IT ENACTED by the Town Board of the Town of Southampton as follows: Section 1. Legislative Intent. Currently, the Town of Southampton requires notarized affidavit forms in connection with particular Land Management applications to several Town boards and agencies. While notary requirements are essential as a fraud-deterrent process to assure that certain documents are authentic, it is unnecessary to require notarization on particular Land Management application forms. Requiring unnecessary notarization of forms can place burdens upon applicants and impede the Town’s efforts to digitize and streamline application submissions. Thus, the purpose of this legislation is to ease the burden on applicants and streamline the application submission process by removing the notary requirement on particular forms in connection with Land Management applications. Section 2. Amendment. Subsection D(5) of section 185 (Procedures for amendment of Zoning Law and zone classification) of Town Code Chapter 330 (Zoning), is hereby amended by deleting the stricken words and adding the underlined words as follows: §330-185. Procedure for amendment of Zoning Law and zone classification. D. Any petition for a change in the Zoning Map shall include the following: (1) The name of the property owner. Generated 7/15/2021 Page 4 Southampton Town Board - Letter Board Meeting of July 13, 2021 (2) A map, accurately drawn to an appropriate scale, showing the proposed zone district boundary changes, property lines, the calculated areas affected, in acres or square feet, the street rights-of-way in the immediate vicinity and the lands and names of owners immediately adjacent to and extending within 500 feet of all boundaries of the property to be rezoned. (3) A metes and bounds description of the proposed amendment. (4) In the case of any petition for a change in the Zoning Map which is subject to review by the Suffolk County Planning Commission pursuant to §§ 239-l and 239-m of Article 12-B of the General Municipal Law, the petitioner shall comply with any and all additional requirements which said Commission may deem necessary. (5) A disclosure affidavit statement in the form prescribed by the Town Board. (6) The name and address of the relevant fire department, ambulance/emergency medical services agency, and other municipal agencies or districts with jurisdiction over the subject property. (7) The name and address of the school district(s) within which the proposed project lies. (8) A digital copy of all application materials in a format determined, and changed as needed, by the Town Clerk. Section 3. Amendment. Subdivisions D(1) and D(16) of subsection 7 (Application for permits) of Town Code Chapter 325 (Wetlands), is hereby amended by deleting the stricken words and adding the underlined words as follows: §325-7. Application for permits. D. An application shall include, but not be limited to, the following information: (1) The name, address and phone number of the applicant, his/her surveyor and the applicant's agent and/or attorney, if any, and whether the applicant is the owner, lessee or a contract vendee of that parcel. An agent or attorney filing an application on behalf of an applicant shall be required to file an affidavit stating that consent of all owners has been obtained for that agent or attorney to act in their behalf an endorsement from the owner stating that the agent or attorney is authorized to make such application on their behalf. (2) The subdivision name, subdivision lot number, the zoning district, the Suffolk County Tax Map number and the Town-designated property number, the parcel's location in any zoning overlay districts and the size of the parcel. (3) List whether any rights-of-way, easements, restrictive covenants or any other encumbrances exist on the parcel, and include the legal instrument creating said encumbrance. (4) List whether any wetlands permits have been issued by the Town under Chapter 175 and/or Chapter 325 of Code of the Town of Southampton, and, if so, give the Generated 7/15/2021 Page 5 Southampton Town Board - Letter Board Meeting of July 13, 2021 date the permit was issued and the name of the applicant. (5) List whether a wetlands permit or letter of nonjurisdiction has been obtained for the proposed project from the New York State Department of Environmental Conservation, and, if so, provide a copy of document. (6) List the predominant soil types on the parcel, describe the drainage characteristics of the property and the depth to groundwater on the parcel. (7) List whether any hunting, fishing or shellfishing opportunities presently exist on or adjacent to the parcel. (8) List whether the property contains any species of plant and/or animal life listed as rare, threatened or endangered by the United States of America, the State of New York or the New York State Heritage Program, and, if so, list the species and its status. (9) List whether the property has ever been used for the disposal of solid and/or hazardous waste. (10) List the dimensions, square footage, type of each proposed structure and the setback to all wetland boundaries and property lines for each proposed structure. (11) List the type and square feet or acres of vegetation and soil types, if any, to be cleared or removed. (12) List separately the amount of fill to be deposited on site for a septic system and for the rest of the proposed project. (13) List the anticipated water usage per day. (14) List whether the application requires the issuance of federal, state or other local government approval and/or permits. (15) A deed and/or title report demonstrating ownership of the subject parcel. (16) A disclosure affidavit statement from all owners of the property. Section 4. Amendment. Section 8 (Work not requiring building permit or demolition permit) of Town Code Chapter 123 (Building Construction), is hereby amended by deleting the stricken words and adding the underlined words as follows: §123-8. Work not requiring building permit or demolition permit. An application for a building permit or a demolition permit is not required where there is no change in the perimeter or structural elements of an existing structure which is being repaired, improved or remodeled, or for such kinds, types and methods of repairs, improvements and alterations as the Town Board shall specify from time to time in regulations adopted by said Board by resolution applicable to this article. Notwithstanding, a residential storage shed, as defined in Town Code §330-5, shall not require a building permit but shall require an owner’s affidavit certification attesting to compliance with current Town Zoning Code regulations. Generated 7/15/2021 Page 6 Southampton Town Board - Letter Board Meeting of July 13, 2021 Section 5. Amendment. Subdivision B(2) of section 9 (Application for building or demolition permit) of Town Code Chapter 123 (Building Construction), is hereby amended by deleting the stricken words and adding the underlined words as follows: §123-9. Application for building or demolition permit. B. Building permit application form; submission. (1) Application for a building permit shall be made to the Building Inspector on forms provided by the Building Division and shall contain the following information: (a) A description of the land on which the proposed work is to be done. (b) A statement of the use or occupancy of all parts of the land and of the building(s) or structure(s). (c) The valuation of the proposed work. (d) The full name and address of the owner and of the applicant and the names and addresses of their responsible officers, if any of them are corporations. (e) A brief description of the nature of the proposed work. (f) A duplicate set of plans and specifications as set forth in Subsection C of this section. (g) Such other information as may reasonably be required by the Building Inspector to establish compliance of the proposed work with the requirements of the applicable building laws, ordinances and regulations. (h) A digital copy of all application materials shall be submitted in a format determined, and changed as needed, by the Town Clerk. (2) Application shall be made by the owner or owner's agent or by the architect, engineer or builder employed in connection with the proposed work. Where such application is made by a person other than the owner, it shall be accompanied by an affidavit of an endorsement from the owner stating that the proposed work is authorized by the owner and that the applicant is authorized to make such application for the proposed work. (3) Application for the installation, extension, modification or removal of any electrical systems or parts thereof shall be made to the Electrical Inspector on forms provided by him. Such forms shall contain information as may reasonably be required by the Electrical Inspector to establish compliance with the applicable ordinances and regulations. (4) Application for the construction, alteration, or removal of any plumbing or drainage systems in existing or proposed buildings and structures, or parts thereof, shall be made to the Building Inspector on forms provided by him. Such forms shall contain information as may reasonably be required by the Building Inspector to establish compliance with the applicable ordinances and regulations. Generated 7/15/2021 Page 7 Southampton Town Board - Letter Board Meeting of July 13, 2021 (5) Where the building or structure requires referral to the Landmarks and Historic Districts Board pursuant to Subsection A(1)(a) of this section, the following additional information shall be required to be submitted as part of the building permit application, unless otherwise waived by the Landmarks and Historic Districts Board at the request of the applicant: (a) Color photographs of the interior and exterior of all structures that are part of the building permit application. (b) A structural engineering report regarding the condition/integrity of all structures that are part of the building permit application. (c) Architectural drawings, including plans, elevations, and existing and proposed site plans. Section 6. Authority. These amendments are authorized and enacted pursuant to Municipal Home Rule Law §§10(1)(ii)(a)(11), (12), and §10(1)(ii)(d)(3). Section 7. 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 provision so adjudged to be invalid or unconstitutional. Section 8. 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 Board of the Town of Southampton hereby directs the Town Clerk to forward a copy of the proposed local 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 and directed 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 August 10, 2021, 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 amending various provisions of the Southampton Town Code, including Chapters 330 (Zoning), 325 (Wetlands) and 123 (Building Construction), to remove notarization requirement on particular forms.” Summary of Proposed Law In an effort to ease burdens on applications, improve efficiency and streamline the submission process in connection with certain Land Management applications, the Town Board of the Town of Southampton seeks to remove notary requirements on particular application forms. Copies of the proposed law, sponsored by Councilman Bouvier, are on file in the Town Generated 7/15/2021 Page 8 Southampton Town Board - Letter Board Meeting of July 13, 2021 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: John Bouvier, Councilman SECONDER: Rick Martel, Councilman AYES: Schneiderman, Lofstad, Martel, Bouvier, Schiavoni Generated 7/15/2021 Page 9 Southampton Town Board - Letter Board Meeting of July 13, 2021 TOWN BOARD RESOLUTION 2021-730 Item # 7.52 ADOPTED DOC ID: 36677 Issue Positive Declaration for the Change of Zone Petition entitled "Concern for Independent Living" that Requests a Change from R-20 to Multi-Family (MF-44) and an Increase in Residential Density Pursuant to 330-8 to Enable Twelve (12) Units per Acre in Order to Construct a Sixty (60) Unit Supported Housing Development that is 100% Affordable, in the Hamlet of Tuckahoe WHEREAS, in October of 2018, Concern for Independent Living submitted a request pursuant to Town Code section 330-185(C), for a public work session to discuss a proposed application for a change-of-zone at the Southampton Full Gospel Church property located at 130 County Road 39; and WHEREAS, the proposal involves the premises located at 130 County Road 39, located on the south side of County Rd 39 approximately 822 ft. west of North Sea Road that is comprised of two tax lots with SCTM No. 900-159-2-25.7 having 9.28 acres and SCTM#: 904-4-1-74.9 having .20 acres within the boundaries of the Incorporated Village of Southampton for a total area of 9.48 acres; and WHEREAS, Concern for Independent Living seeks a zoning change from (R-20) to Multifamily (MF-44) and an increase in residential density under section 330-8 to increase the permitted density on the parcel from six (6) units per acre to twelve (12) units per acre to Construct a Sixty (60) Unit Supported Housing Development that is 100% Affordable; and WHEREAS, in connection with the zone change the applicant would seek a two lot subdivision, so that the first lot fronting on CR39 would be approximately 4.48 acres and proposes to maintain the existing one-story Gospel Church; and WHEREAS, the proposed second lot would be approximately 5.00 acres and is the subject of the proposed zone change application where the applicant seeks to construct five (5) two- story residential apartment buildings, two of which are comprised of fourteen (14) units, one building with twelve (12) units and two buildings with ten (10) apartments for a total of sixty (60) units; and WHEREAS, public work sessions were held on the change-of-zone proposal on February 7, 2019 and August 1, 2019 where the Department of Land Management submitted a report and recommendation as provided in §330-185 (C) (1); and WHEREAS, pursuant to Town Code §330-185(C) (4), by Resolution 2020-179, the Town Board elected to consider a formal application on said proposal; and WHEREAS, on March 17, 2021, the Town Clerk received a formal application for the change of zone; and WHEREAS, the proposed Change of Zone is a Type I Action pursuant to the State Generated 7/15/2021 Page 10 Southampton Town Board - Letter Board Meeting of July 13, 2021 Environmental Quality Review, and the regulating provisions of 6 NYCRR Part 617; and WHEREAS, pursuant to Resolution 2021-435 dated April 13, 2021, the Town Board initiated the requisite SEQRA coordination with all involved agencies for the purposes of determining Lead Agency; and WHEREAS, by Resolution 2021-566 dated May 25, 2021 the Town Board assumed Lead Agency to conduct the SEQRA review; and WHEREAS, the Applicant has submitted an Environmental Assessment Form (EAF) Part 1, and expanded environmental analysis including a Traffic Study; and WHEREAS, the Department of Land Management prepared a Full Environmental Assessment Parts II and III which identified and evaluated the potential impacts of the proposed action, and the Town Board has reviewed said documentation and considered the magnitude and importance of each impact; and WHEREAS, the EAF Parts II and III prepared by the Town identified potentially large/significant environmental impacts that may result from the proposed action; now therefore be it RESOLVED, that the Town Board of the Town of Southampton as Lead Agency hereby adopts a Positive Declaration pursuant to the State Environmental Quality Review Act and Chapter 157 of the Town Code; and be it further RESOLVED, that any public scoping will be scheduled by separate resolution; and be it further RESOLVED, the Department of Land Management is hereby directed to file and publish the Positive Declaration pursuant to 6 NYCRR Section 617.12 (c); and be it further RESOLVED, the Town Clerk is hereby directed to distribute copies to the following involved agencies: 1. Town of Southampton Planning Board c/o Jacqui Lofaro, Chair 2. Suffolk County Department of Health Services c/o John Sohngen, P.E. Office of Ecology, 360 Yaphank Avenue suite 2 B Yaphank, New York 11980 3. Suffolk County Water Authority 4060 Sunrise Highway Oakdale, NY 11769 4. Suffolk County Department of Public Works c/o William Hillman, P.E., Chief Engineer 335 Yaphank Avenue Yaphank, NY 11980 5. Suffolk County Sewer Agency c/o Boris Rukovets, P.E. 335 Yaphank Avenue Generated 7/15/2021 Page 11 Southampton Town Board - Letter Board Meeting of July 13, 2021 Yaphank, NY 11980 ; and be it further RESOLVED, the following are identified as interested agencies: 1. Southampton Village Board of Trustees Village of Southampton 23 Main Street Southampton, NY 11968 2. New York State Housing and Community Renewal c/o Travis Edington Hampton Plaza 38-40 State Street Albany, NY 12207 3. Southampton Volunteer Ambulance Service 1232 N. Sea Rd, Southampton, NY 11968 4. Southampton Fire District c/o David Price (Commissioner) 33 Flying Point Rd., Suite 132 Southampton, NY 11968 5. Southampton Town Engineering Department c/o Christine Fetten, P.E. 6. Southampton Town Building Department c/o Dennis O’ Rourke, Chief Building Inspector 7. Southampton Town Department of Public Safety c/o John Rankin, Chief Fire Marshal 8. Southampton Town Highway Department c/o Alex Gregor, Superintendent of Highways 9. Southampton Town Architectural Review Board c/o Michael Charrier, Chairman 10. Southampton Town Police Department c/o Chief Steven E. Skrynecki 11. Southampton Village Police Department c/o Chief Thomas Cummings 12. Southampton Town Transportation Commission c/o Tony Filorimo, Chairman 13. Southampton Union Free School District c/o Nicholas Dyno, Superintendent 70 Leland Lane, Southampton NY 11968 14. Southampton-Tuckahoe-Shinnecock Hills Citizen Advisory Committee c/o Elaine Bodtmann - Co-Chair; Lorraine Duryea - Co-Chair Generated 7/15/2021 Page 12 Southampton Town Board - Letter Board Meeting of July 13, 2021 ;and be it further RESOLVED, all interested agencies as identified above are hereby provided the digital link to review the EAF Parts II and III on the Town’s website: https://www.southamptontownny.gov/DocumentCenter/View/23608/Concern-for- Independent-Living--Positive-Dec---EAF-Part-II-and-III or a printed copy may be reviewed during regular business hours at the Town Clerk’s Office located at Southampton Town Hall, 116 Hampton Road, Southampton NY 11968. Financial Impact: None RESULT: ADOPTED AS AMENDED \[UNANIMOUS\] MOVER: Jay Schneiderman, Supervisor SECONDER: Julie Lofstad, Councilwoman AYES: Schneiderman, Lofstad, Martel, Bouvier, Schiavoni Generated 7/15/2021 Page 13 Southampton Town Board Sundy A Schermeypr Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 Fax: (631) 283-5606 June 101, 2021 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 wn+cierk so than Dton piNa 0 ,. Signature: Date: . - t4 7,Please be advised Signature: . the Town Board, at a meeting held on June 8, 2021 1:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2021-609 Adopted [Unanimous] Notice of Public Hearing to Consider Authorizing the Alienation and Discontinuance of Approximately 2.9 Acres of Community Preservation Fund (CPF) Parkland in Furtherance of the Good Ground Road Extension, in Exchange for the Encumbrance and Dedication of Approximately 13.28 Acres of Property to be Used as Parkland within the Hamlet of Hampton Bays, Town of Southampton Town Board Resolution RES-2021-611 Adopted as Amended [Unanimous] Notice of Public Hearing to Consider Amending Town Code §330-109 (Fences, walls, accessory driveway structures, and clotheslines) as it Relates to the Height of Walls and Slope of the Grade Immediately in Front of the Walls Sincerely Yours, Sundy A Schermeyer Town Clerk Generated 6/10/2021 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 10, 2021 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 8, 2021 1:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2021-609 Adopted \[Unanimous\] Notice of Public Hearing to Consider Authorizing the Alienation and Discontinuance of Approximately 2.9 Acres of Community Preservation Fund (CPF) Parkland in Furtherance of the Good Ground Road Extension, in Exchange for the Encumbrance and Dedication of Approximately 13.28 Acres of Property to be Used as Parkland within the Hamlet of Hampton Bays, Town of Southampton Town Board Resolution RES-2021-611 Adopted as Amended \[Unanimous\] Notice of Public Hearing to Consider Amending Town Code §330-109 (Fences, walls, accessory driveway structures, and clotheslines) as it Relates to the Height of Walls and Slope of the Grade Immediately in Front of the Walls Sincerely Yours, Sundy A Schermeyer Town Clerk Generated 6/10/2021 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 10, 2021 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 8, 2021 1:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2021-609 Adopted \[Unanimous\] Notice of Public Hearing to Consider Authorizing the Alienation and Discontinuance of Approximately 2.9 Acres of Community Preservation Fund (CPF) Parkland in Furtherance of the Good Ground Road Extension, in Exchange for the Encumbrance and Dedication of Approximately 13.28 Acres of Property to be Used as Parkland within the Hamlet of Hampton Bays, Town of Southampton Town Board Resolution RES-2021-611 Adopted as Amended \[Unanimous\] Notice of Public Hearing to Consider Amending Town Code §330-109 (Fences, walls, accessory driveway structures, and clotheslines) as it Relates to the Height of Walls and Slope of the Grade Immediately in Front of the Walls Sincerely Yours, Sundy A Schermeyer Town Clerk Generated 6/10/2021 Page 1 Southampton Town Board - Letter Board Meeting of June 8, 2021 TOWN BOARD RESOLUTION 2021-609 Item # 8.34 ADOPTED DOC ID: 36717 Notice of Public Hearing to Consider Authorizing the Alienation and Discontinuance of Approximately 2.9 Acres of Community Preservation Fund (CPF) Parkland in Furtherance of the Good Ground Road Extension, in Exchange for the Encumbrance and Dedication of Approximately 13.28 Acres of Property to be Used as Parkland within the Hamlet of Hampton Bays, Town of Southampton RESOLVED, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on June 22, 2021, 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 a local law entitled: “A LOCAL LAW authorizing the alienation and discontinuance of approximately 2.9 acres of Community Preservation Fund (CPF) parkland in furtherance of the Good Ground Road extension, in exchange for the encumbrance and dedication of approximately 13.28 acres of property to be used as parkland within the hamlet of Hampton Bays, Town of Southampton,” which provides as follows: LOCAL LAW NO. OF 2021 A LOCAL LAW authorizing the alienation and discontinuance of approximately 2.9 acres of Community Preservation Fund (CPF) parkland in furtherance of the Good Ground Road extension, in exchange for the encumbrance and dedication of approximately 13.28 acres of property to be used as parkland within the hamlet of Hampton Bays, Town of Southampton. BE IT ENACTED by the Town Board of the Town of Southampton as follows: Section 1. Legislative Findings. By Local Law No. 1 of 2020, adopted on February 25, 2020, the Town Board of the Town of Southampton enacted a new smart growth/transit-oriented zoning district for the commercial center of Hampton Bays known as the “Hampton Bays Downtown Overlay District.” This optional overlay district makes mixed-use and compact development possible within a form-based Code, which includes a significant amount of design and renewable energy requirements to achieve the vision set forth by the community. Indeed, this zoning represents years of planning for economic development in the Hampton Bays downtown area, which will complement Good Ground Park and serve as a catalyst for both investment and revitalization in the area. The extension of Good Ground Road is recommended by the Town’s SEQRA assessment in order to provide a relief valve for traffic pressure on Main Street, and to serve as an alternative emergency route. Thus, the purpose of this local law is to authorize the Town to make a necessary land swap in order to achieve the purposes described above. Specifically, the Town seeks to alienate and discontinue as parkland 153 W. Montauk Highway, located in the hamlet of Hampton Bays, and further identified on the Suffolk County Tax Map as No. 900-222-1-18, totaling approximately 2.9 acres, in furtherance of the extension of Good Ground Road. In exchange, the Town proposes to encumber and Generated 6/10/2021 Page 2 Southampton Town Board - Letter Board Meeting of June 8, 2021 dedicate as parkland that certain parcel located at 20 South Valley Road, in the hamlet of Hampton Bays, further identified on the Suffolk County Tax Map as No. 900-231-2-15.3, totaling approximately 13.28 acres. Because the Town seeks to alienate and discontinue lands purchased with Community Preservation Fund (CPF) monies, that is, 153 W. Montauk Highway, further identified on the Suffolk County Tax Map as No. 900-222-1-18, pursuant to Town Law §64- e(10) and Town Code §140-7, said alienation and discontinuance is subject to: (i) the express authority of an act of the State Legislature, (ii) the adoption of this local law by a four-fifths majority of the Town Board, and (iii) the approval of this local law by the electors of the Town of Southampton at a mandatory referendum to be held at the November 2, 2021, general election. Section 2. Discontinuance of Community Preservation Fund (CPF) Parkland. The Town of Southampton is hereby authorized to discontinue as parkland and alienate that certain parcel located at 153 W. Montauk Highway, in the hamlet of Hampton Bays, and further identified on the Suffolk County Tax Map No. 900-222-1-18, totaling approximately 2.9 acres, in furtherance of a subsequent transfer to allow the Good Ground Road extension. Said parcel was purchased, in part, pursuant to the Community Preservation Fund by Town Board Resolution No. 181 of 2004, for park and recreation purposes. The area to be alienated and discontinued is more particularly described as follows: All that certain plot, piece, or parcel of land, situate, lying, and being in the Town of Southampton, at Hampton Bays, County of Suffolk and State of New York, being more particularly bounded and described as follows: Beginning at a point on the southerly side of Montauk Highway a distance of 107.13 feet from a point on the northerly side of Montauk Highway where the easterly side of Riverhead-Hampton Bays Road would intersect if said road were extended in a southerly direction and from said point of beginning; Running thence along the southerly side of Montauk Highway North 67 degrees 17 minutes 10 seconds East a distance of 162.18 feet; Running thence South 05 degrees 44 minutes 03 seconds East a distance of 853.24 feet; Running thence South 76 degrees 33 minutes 10 seconds West a distance of 151.24 feet (deed) South 76 degrees 34 minutes 20 seconds West 151.26 feet (actual); Running thence North 06 degrees 05 minutes 50 seconds West a distance of 826.19 feet (deed) 826.14 feet (actual) to the southerly side of Montauk Highway and the point or place of Beginning. Total parcel size is 2.9 acres. Section 3. Dedication of Lands to be Used as Community Preservation Fund (CPF) Parkland. Prior to the discontinuance and alienation of the parkland described in Section 2 above, the Town of Southampton shall dedicate that certain parcel located at 20 South Valley Road in Generated 6/10/2021 Page 3 Southampton Town Board - Letter Board Meeting of June 8, 2021 the hamlet of Hampton Bays, further identified on the Suffolk County Tax Map as 900-231- 2-15.3, totaling approximately 13.28 acres, to the Town of Southampton Community Preservation Fund (CPF) Program, to be used as parkland. The Town of Southampton is hereby authorized, and shall dedicate this 13.28 acre parcel for use as parkland for public park purposes, to serve as replacement lands for the discontinuance of Suffolk County Tax Map No. 900-222-1-18. The area to be dedicated as parkland, that, is, Suffolk County Tax Map No. 900-231-2-15.3, is more particularly described as follows: All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, and lying and being at Shinnecock Hills, in the Town of Southampton, County of Suffolk, and State of New York and known and designated on a certain map entitled, “Amended Map “A” Westerly Part of Shinnecock Hills, Jere Johnson Jr. Co., Selling Agents, 193 Montague Street, Brooklyn, New York situate in the Town of Southampton, Long Island, Suffolk County, N.Y.” made from plan for subdivision of part of Shinnecock Hills as made by Olmsted Bros. and Downing Vaux, dated 1907 and from actual surveys by Wallace H. Halsey, Professional Engineer and Land Surveyor, Southampton, New York, and filed in the Office of the Clerk of the County of Suffolk as Map 213 on October 22, 1925 as and by Lot 1, Lot 2, Lot 9, and Part of Lot 8 in Block 111, and being more particularly bounded and described as follows: Beginning at a point on the Northwesterly side of Hillover Road at the division line between the within described premises and land now or formerly Frederick A. and Margaret Proper where same intersects the Northwesterly side of Hillover Road; Running thence along the Northwesterly side of Hillover Road South, 61 degrees 46 minutes 40 seconds West, 224.75 feet to other land now or formerly Victoria G. Newman; Thence the following four courses and distances along other land now or formerly Victoria G. Newman: 1) North 28 degrees 13 minutes 20 seconds West, 224.95 feet; 2) North 88 degrees 28 minutes 14 seconds West, 130.29 feet; 3) South 78 degrees 27 minutes 00 seconds West, 147.59 feet; 4) North 80 degrees 09 minutes 40 seconds West, 210.00 feet; to the easterly side of South Valley Road; Thence following the two courses and distances along the Easterly side of South Valley Road: 1) North 8 degrees 00 minutes 20 seconds East, 325.21 feet; 2) Along an arc of curve bearing to the left whose radius is 1350.26 feet a distance of 389.63 feet to the extreme Southerly end of an arc of curve connecting the easterly side of South Valley Road with the Southerly side of Canoe Place Road; Running thence along said last mentioned arc of curve bearing to the right whose radius is 35.00 feet a distance of 77.02 feet to a point on the Southerly side of Canoe Place Road; Generated 6/10/2021 Page 4 Southampton Town Board - Letter Board Meeting of June 8, 2021 Thence the following two courses and distances along the Southerly side of Canoe Place Road: 1) South 62 degrees 07 minutes 30 seconds East, 276.13 feet; 2) North 68 degrees 16 minutes 30 seconds East, 533.49 feet to land now or formerly Gerald M. & Eden W. Rafshoon Thence the following two courses and distances along land now or formerly Gerald M. & Eden W. Rafshoon and another: 1) South 7 degrees 34 minutes 10 seconds West, 584.99 feet; 2) South 63 degrees 56 minutes 50 seconds East, 147.48 feet to land now or formerly Frederick A. & Margaret Proper; Thence along land now or formerly Frederick A. & Margaret Proper South, 21 degrees 46 minutes 10 seconds West, 271.43 feet to the Northwesterly side of Hillover Road and the point or place of Beginning. Total parcel size is 13.28 acres. Section 4. Lands of Equal Environmental and Fair Market Value. In the event that the fair market value of the land to be dedicated as parkland by the Town of Southampton is not equal to or greater than the fair market value of the parkland to be discontinued and alienated, the Town of Southampton shall dedicate the difference of the fair market value of the lands to be alienated and the lands to be dedicated towards the acquisition of additional parkland and/or capital improvements to existing park and recreational facilities. Section 5. Federal Funding Support or Assistance. In the event that the Town of Southampton received any funding support or assistance from the federal government for the purchase, maintenance, or improvement of the parkland to be discontinued and alienated, that is, 153 W. Montauk Highway, said discontinuance and alienation shall not occur until the Town of Southampton has complied with any federal requirements pertaining to the alienation or conversion of parkland, including satisfying the Secretary of the Interior that the alienation or conversion complies with all conditions which the Secretary of the Interior deems necessary to assure that the substitution of other lands shall be equivalent in fair market value and usefulness to the lands being alienated or converted. Section 6. Local Law Subject to Mandatory Referendum. Pursuant to Town Law §64-e(10) and Town Code §140-7, this local law shall be subject to: (i) the express authority of an act of the State Legislature, which shall provide for the substitution of other lands of equal environmental value and fair market value and reasonably equivalent usefulness and location to those to be discontinued, (ii) the adoption of this local law by a four-fifths majority of the Town Board, and (iii) the approval of this local law by the electors of the Town of Southampton at a mandatory referendum to be held at the November 2, 2021, general election. Section 7. Ballot Proposition. Generated 6/10/2021 Page 5 Southampton Town Board - Letter Board Meeting of June 8, 2021 The following proposition shall be placed before the electors of the Town of Southampton at the November 2, 2021, general election: Shall a local law entitled, “A local law authorizing the alienation and discontinuance of approximately 2.9 acres of Community Preservation Fund (CPF) parkland in furtherance of the Good Ground Road extension, in exchange for the encumbrance and dedication of approximately 13.28 acres of property to be used as parkland within the hamlet of Hampton Bays, Town of Southampton,” be approved? Section 8. Authority. The proposed local law is enacted pursuant to Town Law §64-e(10) and Town Code §140-7, as well as Municipal Home Rule Law §§10(1)(ii)(a)(11) and (12). Section 9. Severability. If any section or subdivision, 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 provision so adjudged to be invalid or unconstitutional. Section 10. Effective Date. This local law shall be effective upon its filing with the Secretary of State and upon: (i) the adoption of an act of the State Legislature, as described in Section 6 more fully above, (ii) the adoption of this local law by a four-fifths majority of the Town Board, and (iii) its approval in a mandatory referendum by the electors of the Town of Southampton at the November 2, 2021, general election. AND BE IT FURTHER RESOLVED, that the Town Board of the Town of Southampton hereby authorizes and directs the Town Clerk to post and 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 June 22, 2021, 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 a local law entitled: “A LOCAL LAW authorizing the alienation and discontinuance of approximately 2.9 acres of Community Preservation Fund (CPF) parkland in furtherance of the Good Ground Road extension, in exchange for the encumbrance and dedication of approximately 13.28 acres of property to be used as parkland within the hamlet of Hampton Bays, Town of Southampton.” Summary of Proposed Law The purpose of this local law is to authorize the Town to make a necessary land swap in order to achieve the purposes and goals of the Hampton Bays Downtown Overlay District and, in particular, the extension of Good Ground Road. Specifically, the Town seeks to alienate and discontinue as parkland 153 W. Montauk Highway, located in the hamlet of Hampton Bays, and further identified on the Suffolk County Tax Map as No. 900-222-1-18, totaling approximately 2.9 acres, in furtherance of the needed extension of Good Ground Road. In exchange, the Town proposes to encumber and dedicate as parkland that certain Generated 6/10/2021 Page 6 Southampton Town Board - Letter Board Meeting of June 8, 2021 parcel located at 20 South Valley Road, in the hamlet of Hampton Bays, further identified on the Suffolk County Tax Map as No. 900-231-2-15.3, totaling approximately 13.28 acres. Because the Town seeks to alienate and discontinue lands purchased with Community Preservation Fund (CPF) monies, that is, 153 W. Montauk Highway, further identified on the Suffolk County Tax Map as No. 900-222-1-18, pursuant to Town Law §64- e(10) and Town Code §140-7, said alienation and discontinuance is subject to: (i) the express authority of an act of the State Legislature, (ii) the adoption of this local law by a four-fifths majority of the Town Board, and (iii) the approval of this local law by the electors of the Town of Southampton at a mandatory referendum to be held at the November 2, 2021, general election. Copies of the 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: Rick Martel, Councilman AYES: Schneiderman, Lofstad, Martel, Bouvier, Schiavoni Generated 6/10/2021 Page 7 Southampton Town Board - Letter Board Meeting of June 8, 2021 TOWN BOARD RESOLUTION 2021-611 Item # 8.39 ADOPTED DOC ID: 36649 Notice of Public Hearing to Consider Amending Town Code §330- 109 (Fences, walls, accessory driveway structures, and clotheslines) as it Relates to the Height of Walls and Slope of the Grade Immediately in Front of the Walls RESOLVED, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on July 13, 2021, 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 the height of walls and slope of the grade immediately in front of the walls” which provides as follows: LOCAL LAW NO. OF 2021 A LOCAL LAW to consider amending Town Code §330-109 (Fences, walls, accessory driveway structures, and clotheslines) as it relates to the height of walls and slope of the grade immediately in front of the walls. BE IT ENACTED by the Town Board of the Town of Southampton as follows: SECTION 1. Legislative Intent. This proposed local law seeks to amend the Town Code to measure the height of a retaining wall the same as one would measure the height of a fence/wall, with the additional requirement that the slope of the grade within 36” of the front of any wall not exceed 1’ vertical to 4’ horizontal. Currently the Town Code measures the height of fences/walls from the ground level at the base of the fence, but allows the height of retaining walls to be measured from the average of the ground levels at each side, resulting in retaining walls that often exceed the height of permitted fences/walls. This amendment eliminates the “averaging” for retaining walls; and also specifies a maximum grade immediately in front of all walls in an effort to make them less susceptible to erosion and to allow for a traversable surface that facilitates inspections and potential maintenance. SECTION 2. Amendment. §330-109. Fences, walls, accessory driveway structures, and clotheslines. C. Method of measuring the height of a fence or wall. The height of a fence or wall shall be measured from the ground level at the base of the fence or wall to the highest point of the fence or wall, except that, where there is a retaining wall, the height shall be measured from the average of the ground levels at each side of the retaining wall and further except that any fence or wall required by the New York State Building Code to be erected on the uphill side of such retaining wall may be at least four feet high will not be included in calculating the height of the wall, notwithstanding the provisions of Subsections A and B. The ground level within 36” from the face of any wall shall have a slope of no more than a 1’V:4’H. Generated 6/10/2021 Page 8 Southampton Town Board - Letter Board Meeting of June 8, 2021 SECTION 3. Authority. The proposed local law is enacted pursuant to Town Law Article 16 and Municipal Home Rule Law §10(1)(ii)(a)(11) and (12). 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 July 13, 2021, 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 the height of walls and slope of the grade immediately in front of the walls.” AND TAKE FURTHER NOTICE that the public will have an opportunity to see and hear the meeting live, either via Channel 22, on the Town Clerk’s Meeting Portal via zoom, or in person. Summary of Proposed Law This proposed amendment eliminates the “averaging” for the calculation of the height of retaining walls, and also specifies a maximum grade immediately in front of all walls. Copies of the proposed local law, sponsored by Councilwoman Lofstad 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 6/10/2021 Page 9 Southampton Town Board - Letter Board Meeting of June 8, 2021 RESULT: ADOPTED AS AMENDED \[UNANIMOUS\] MOVER: Julie Lofstad, Councilwoman SECONDER: Tommy John Schiavoni, Councilman AYES: Schneiderman, Lofstad, Martel, Bouvier, Schiavoni Generated 6/10/2021 Page 10 ry Y i V1#yh' ,�' gYwdVl, Southampton Town Board Sundy A Schermeyer Town Clerk 116 Hampton RoadTelephone: (631) 287-5740 Southampton, NY 11968 Fax: (631) 283-5606 May 12 2021 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 ba to townc,lerla south tbntownn . ora. SignatureLa.: .... Please be advise iat the Town Board, at a meeting held on May 11, 2021 1:00 PM, reviewed the following resolution(s) Town Board Resolution RES-2021-471 Adopted as Amended [Unanimous] Resolution of Adoption Amending Town Code §330-5 (Definitions) of Chapter 330 (Zoning) to Add Definitions for "Non-Aviation"and "Distribution Industry" Town Board Resolution RES-2021-519 Adopted [Unanimous] Resolution of Adoption Amending Town Code Chapter 330 (Zoning), Section 183 (Site plan elements) to (i) Address Rainstorm Retention, and (ii) Require Recycling Containers on Site Plans within the Town Sincerely Yours, Sundy A Schermeyer Town Clerk Generated 5/12/2021 Page 1 Southampton Town Board Sundy A Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 Fax: (631) 283-5606 May 12, 2021 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 May 11, 2021 1:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2021-471 Adopted as Amended \[Unanimous\] Resolution of Adoption Amending Town Code §330-5 (Definitions) of Chapter 330 (Zoning) to Add Definitions for “Non-Aviation” and “Distribution Industry” Town Board Resolution RES-2021-519 Adopted \[Unanimous\] Resolution of Adoption Amending Town Code Chapter 330 (Zoning), Section 183 (Site plan elements) to (i) Address Rainstorm Retention, and (ii) Require Recycling Containers on Site Plans within the Town Sincerely Yours, Sundy A Schermeyer Town Clerk Generated 5/12/2021 Page 1 Southampton Town Board Sundy A Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 Fax: (631) 283-5606 May 12, 2021 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 May 11, 2021 1:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2021-471 Adopted as Amended \[Unanimous\] Resolution of Adoption Amending Town Code §330-5 (Definitions) of Chapter 330 (Zoning) to Add Definitions for “Non-Aviation” and “Distribution Industry” Town Board Resolution RES-2021-519 Adopted \[Unanimous\] Resolution of Adoption Amending Town Code Chapter 330 (Zoning), Section 183 (Site plan elements) to (i) Address Rainstorm Retention, and (ii) Require Recycling Containers on Site Plans within the Town Sincerely Yours, Sundy A Schermeyer Town Clerk Generated 5/12/2021 Page 1 Southampton Town Board - Letter Board Meeting of May 11, 2021 TOWN BOARD RESOLUTION 2021-471 Item # 8.2 ADOPTED DOC ID: 36426 Resolution of Adoption Amending Town Code §330-5 (Definitions) of Chapter 330 (Zoning) to Add Definitions for “Non-Aviation” and “Distribution Industry” WHEREAS, the Town Board of the Town of Southampton is considering amending Town Code §330-5 (Definitions) of Chapter 330 (Zoning) to add definitions for “Non-Aviation” and “Distribution Industry”; and WHEREAS, a public hearing was held by the Town Board of the Town of Southampton on April 13, 2021, via videoconferencing, at which time all persons either for or against said amendment 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. 18 of 2021 is hereby adopted as follows: LOCAL LAW NO. 18 OF 2021 A LOCAL LAW to consider amending Town Code §330-5 (Definitions) of Chapter 330 (Zoning) to add definitions for “Non-Aviation” and “Distribution Industry.” 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. 34 of 2007, and later updated on July 26, 2011, by Local Law No. 26 of 2011, the Town Board of the Town of Southampton adopted the Gabreski Airport Commercial/Industrial Planned Development District (the “APDD”) as it relates to the Gabreski Airport, located in the hamlet of Westhampton. As articulated within the APDD legislation, that is, Town Code §330-248(A), in adopting the APDD, the Town Board had various objectives for the site, all of which were non-aviation based. Indeed, there was not an intent then, nor is there any intent now, to allow aviation-based or aviation-related uses at the site. Instead, as articulated in the APDD, the purpose, intent, and objectives of the zoning classification included, but is not limited to: (i) ensuring that future non-aviation development and improvements would be in conformance with the Central Pine Barrens regulations, (ii) creating a unique non-aviation employment and business center to complement existing village and hamlet centers, (iii) attracting future non-aviation development in order to create a mixed-use activity center consisting of complementary light industrial, warehouse, office, service, support, retail, transportation, lodging, and related uses, (iv) targeting future non-aviation development recommended by the 1990 Suffolk County Airport Study, (v) supporting retail and service development with multiple tenants and uses to coincide with on-site demands, and (vi) establishing a distinct business address and a functional and well-designed street, pedestrian, parking, and public transit network, and a complementary landscaping, lighting, and uniform signage program. Generated 5/12/2021 Page 2 Southampton Town Board - Letter Board Meeting of May 11, 2021 While each of these objectives recognize, and confirm, that the proposed uses are to be non-aviation based, in light of recent development efforts within the APDD, the Town Board finds it necessary to define both “non-aviation,” as well as “distribution industry.” By doing so, the Board aims to solidify that the purpose, intent, objectives, and permitted uses within the Gabreski Airport Commercial/Industrial PDD should have no connection to, partnership with, nor reliance on, aviation-related uses. SECTION 2. Amendment. Section §330-5 (Definitions) of Chapter 330 (Zoning) of the Southampton Town Code is hereby amended by adding the following underlined words where appropriate, so that they appear in alphabetical order: §330-5. Definitions. As used in this chapter, the following terms shall have the meanings indicated: DISTRIBUTION INDUSTRY An industry primarily engaged in the activity of distributing items, by ground, produced offsite and warehoused/sorted on premises, to then be delivered to a consumer who has ordered the item or product via the internet, phone, catalog, or other similar means. This definition shall not be construed to mean that the primary delivery of products or goods to the distribution industry via air cargo, air freight, or drone activities and/or similar methods for secondary delivery to a consumer by ground, or any other means listed above, is a permitted activity. NON-AVIATION The absence of aviation-related uses conducted on, in relation to, or in connection with the use of a premises including, but not limited to, air freight, air commercial, air cargo, or drone deliveries and/or activities. SECTION 3. Authority. This local law is proposed pursuant to Municipal Home Rule Law §§10(1)(ii)(a)(11), (12), as well as §10(1)(ii)(d)(3). 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 provision so adjudged to be invalid or unconstitutional. SECTION 5. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State pursuant to Municipal Home Rule Law. RESOLVED, that the Town Clerk is hereby authorized and directed to publish the following Notice of Adoption: Notice of Adoption TAKE NOTICE, that after a public hearing was held by the Town Board of the Town of Southampton on April 13, 2021, via videoconferencing, the Town Board, at its meeting of May 11, 2021, adopted Local Law No. 18 of 2021 as follows: “A LOCAL LAW to consider amending Town Code §330-5 (Definitions) of Chapter 330 (Zoning) to add a definition for Generated 5/12/2021 Page 3 Southampton Town Board - Letter Board Meeting of May 11, 2021 “Non-Aviation” and “Distribution Industry.” Copies of the proposed 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. RESULT: ADOPTED AS AMENDED \[UNANIMOUS\] MOVER: John Bouvier, Councilman SECONDER: Tommy John Schiavoni, Councilman AYES: Schneiderman, Lofstad, Martel, Bouvier, Schiavoni Generated 5/12/2021 Page 4 Southampton Town Board - Letter Board Meeting of May 11, 2021 TOWN BOARD RESOLUTION 2021-519 Item # 8.30 ADOPTED DOC ID: 36455 Resolution of Adoption Amending Town Code Chapter 330 (Zoning), Section 183 (Site plan elements) to (i) Address Rainstorm Retention, and (ii) Require Recycling Containers on Site Plans within the Town WHEREAS, the Town Board of the Town of Southampton is considering amending Town Code Chapter 330 (Zoning), Section 183 (Site plan elements), to (i) address rainstorm retention, and (ii) require recycling containers on site plans; and WHEREAS, a public hearing was held by the Town Board of the Town of Southampton on April 13, 2021, via videoconferencing, at which time all persons either for or against said amendment 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. 19 of 2021 is hereby adopted as follows: LOCAL LAW NO. 19 OF 2021 A LOCAL LAW amending Town Code Chapter 330 (Zoning), Section 183 (Site plan elements), to (i) address rainstorm retention, and (ii) require recycling containers on site plans. BE IT ENACTED by the Town Board of the Town of Southampton as follows: Section 1. Legislative Intent. In amending this chapter, the Town seeks to reduce the volume of potential offsite runoff during heavy storm events. Reducing rainwater runoff can prevent hazardous chemicals, bacteria, and waste from collecting in storm drains and reaching ground water, natural waterways and sources of drinking water, which will greatly benefit the Town of Southampton and its environment. Additionally, the Town seeks to increase efforts to recover and reuse recyclable materials, which will protect and enhance the Town’s physical environment while promoting the health and safety of persons and property herein. Section 2. Amendment. Chapter 330 (Zoning), Section 183 (Site plan elements), Subsection C(4) of the Code of the Town of Southampton entitled “Proposed development” is hereby amended by inserting the underlined words as follows: Generated 5/12/2021 Page 5 Southampton Town Board - Letter Board Meeting of May 11, 2021 (4) Proposed development. (a) The location of proposed buildings or structural improvements, indicating setbacks from all property lines and horizontal distances from existing structures. (b) The location and design of all uses not requiring structures, such as off-street parking and loading areas and pedestrian circulation. Parking calculations shall be shown. (c) The location, direction, power and time of use for any proposed outdoor lighting or public-address systems. (d) The location and plans for any outdoor signs which must be in accordance with applicable sign regulations. (e) Grading and drainage plans shall be based on a two-inch rainstorm retention volume of three inches (3") total, including two inches (2") minimum within leaching structures and one inch (1") in ponding or a combination thereof; drainage calculations, contours and spot grade elevations to be shown. (f) Landscaping, buffering and street tree plans, including material size, quantity and location. A list of plantings shall also be shown. (g) The location of water and sewer mains, electrical service and cablevision installations, location of water valves and hydrants and/or any alternate means of water supply and sewage disposal and treatment. (h) An indication that all storage areas for materials, vehicles, supplies, products or equipment shall be located in either a side or rear yard in compliance with this chapter and that such areas are adequately fenced or screened. (i) If the site plan only indicates a first stage, a supplementary plan shall indicate ultimate development. (j) The location of any fire hydrant, cistern, well or other fire-protection device. (k) Any other information deemed by the Planning Board to be necessary to determine conformity of the site plan with the spirit and intent of this chapter, specifically including any such information necessary to allow the Architectural Review Board to provide a timely advisory report as provided in § 330-170C of this chapter. (l) All site plans for properties situated on a lot equal to or greater than 15 acres located within the Agricultural Overlay District, in addition to the above requirements, shall depict the location of all proposed structures, identify Generated 5/12/2021 Page 6 Southampton Town Board - Letter Board Meeting of May 11, 2021 future development and farmland preservation areas, and provide relevant soil data information. (m) All site plans for private, industrial, institutional, or commercial establishments shall provide suitable covered and secured recycling containers to prevent the dispersal of their contents about the premises or elsewhere. Section 3. Authority. The proposed local law is enacted pursuant to Town Law §274-a and Municipal Home Rule Law §§10(1)(ii)(a)(11) and (12), as well as §10(1)(ii)(d)(3). 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 Board hereby authorizes and directs the Town Clerk to publish the following Notice of Adoption: NOTICE OF ADOPTION TAKE NOTICE, that after a public hearing was held by the Town Board of the Town of Southampton on April 13, 2021, via videoconferencing, the Town Board, at its meeting of May 11, 2021, adopted LOCAL LAW NO. 19 OF 2021, as follows: "A LOCAL LAW amending Chapter 330 (Zoning), Section 183 (Site plan elements), to (i) address rainstorm retention, and (ii) require recycling containers on site plans. Copies of the proposed 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 RESULT: ADOPTED \[UNANIMOUS\] MOVER: John Bouvier, Councilman SECONDER: Julie Lofstad, Councilwoman AYES: Schneiderman, Lofstad, Martel, Bouvier, Schiavoni Generated 5/12/2021 Page 7 .� nku rp i,h tlryr,,A Southampton Town Board Sundy A Schermeyer Town Clerk 116 Hampton Road y' Telephone: (631) 287-5740 Southampton, NY 11968 ap. Fax: (631) 283-5606 MN 3hA M1,�ySiti April 29 2021 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 wncleri south ntownn µ ov. ..... Signature: _.. .- . .. ate: Please be advised at the Town Board, at a meeting held on April 27, 2021 6:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2021-470 Adopted [Unanimous] Resolution of Adoption Amending Town Code Chapter 323 to Extend the Shinnecock Hills Moratorium for Three Months Town Board Resolution RES-2021-473 Adopted as Amended [Unanimous] Resolution of Adoption Amending Southampton Town Code §330-210 (Miscellaneous Provisions) of Article XXII (Signs) to Require Removal of Obsolete Signs and their Supporting Structures 14 Days After the Use or Activity they Identify has Ceased Sincerely Yours, S Sundy A Schermeyer Town Clerk Generated 4/29/2021 Page 1 Southampton Town Board Sundy A Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 Fax: (631) 283-5606 April 29, 2021 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 April 27, 2021 6:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2021-470 Adopted \[Unanimous\] Resolution of Adoption Amending Town Code Chapter 323 to Extend the Shinnecock Hills Moratorium for Three Months Town Board Resolution RES-2021-473 Adopted as Amended \[Unanimous\] Resolution of Adoption Amending Southampton Town Code §330-210 (Miscellaneous Provisions) of Article XXII (Signs) to Require Removal of Obsolete Signs and their Supporting Structures 14 Days After the Use or Activity they Identify has Ceased Sincerely Yours, Sundy A Schermeyer Town Clerk Generated 4/29/2021 Page 1 Southampton Town Board Sundy A Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 Fax: (631) 283-5606 April 29, 2021 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 April 27, 2021 6:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2021-470 Adopted \[Unanimous\] Resolution of Adoption Amending Town Code Chapter 323 to Extend the Shinnecock Hills Moratorium for Three Months Town Board Resolution RES-2021-473 Adopted as Amended \[Unanimous\] Resolution of Adoption Amending Southampton Town Code §330-210 (Miscellaneous Provisions) of Article XXII (Signs) to Require Removal of Obsolete Signs and their Supporting Structures 14 Days After the Use or Activity they Identify has Ceased Sincerely Yours, Sundy A Schermeyer Town Clerk Generated 4/29/2021 Page 1 Southampton Town Board - Letter Board Meeting of April 27, 2021 TOWN BOARD RESOLUTION 2021-470 Item # 8.30 ADOPTED DOC ID: 36429 Resolution of Adoption Amending Town Code Chapter 323 to Extend the Shinnecock Hills Moratorium for Three Months WHEREAS, the Town Board of the Town of Southampton is considering amending Town Code Chapter 323 to extend the Shinnecock Hills Moratorium for three months; and WHEREAS, a public hearing was held by the Town Board of the Town of Southampton on April 13, 2021, via videoconferencing, at which time all persons either for or against said amendment 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. 16 of 2021 is hereby adopted as follows: LOCAL LAW NO. 16 OF 2021 A LOCAL LAW to consider amending Town Code Chapter 323 to extend the Shinnecock Hills Moratorium for three months. BE IT ENACTED by the Town Board of the Town of Southampton as follows: SECTION 1. Legislative Intent. On September 8, 2020, by Local Law No. 8 of 2020, the Town Board of the Town of Southampton imposed a six-month moratorium on certain development actions within particular areas of the hamlet of Shinnecock Hills. As articulated in the legislative intent of Chapter 323, the moratorium was necessary in order to preserve the status quo while the Town Board reviewed its current laws and available land use tools to ensure that human remains, and associated funerary artifacts, remain undisturbed to the maximum extent practicable, and are treated with the utmost respect consistent with the wishes of lineal descendants and culturally-affiliated groups. In connection with this effort, the Department of Land Management was directed to prepare a report reviewing strategies and making recommendations as it relates to future development within the moratorium areas. Because the Department of Land Management is finalizing its review, an extension of the moratorium is necessary to further preserve the status quo during this process. SECTION 2. Amendment. Subsection 3 (Moratorium on Development Actions) of Chapter 323 (Shinnecock Hills Moratorium) is hereby amended by deleting the stricken words and adding the underlined words as follows: §323-3. Moratorium on Development Actions. A. Except as otherwise provided herein, for a period of six (6) months from the effective Generated 4/29/2021 Page 2 Southampton Town Board - Letter Board Meeting of April 27, 2021 date of this local law until July 13, 2021, no agency of the Town of Southampton shall accept, process, or approve any application for a building permit or demolition permit which involves the excavation, digging, grading, or re-grading of: (i) any unimproved lot within Moratorium Area A, as defined above; or (ii) any improved or unimproved lot within Moratorium Area B, as defined above. B. For the purposes of this chapter, grading shall be defined as the subsurface disturbance of at least one (1) foot in depth or more, on average, and at least ten (10) square feet in surface area or more, of a parcel of land. SECTION 3. Authority. This local law is proposed pursuant to Municipal Home Rule Law §§10(1)(ii)(a)(11), (12) and (14), 10(1)(ii)(d)(3), and 22. In addition, all current provisions of Town Code §323-7 addressing the statutory authority for Chapter 323, and the supersession of Town and state laws, remain in full force and effect. 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 provision so adjudged to be invalid or unconstitutional. SECTION 5. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State pursuant to Municipal Home Rule Law. RESOLVED, that the Town Clerk is hereby authorized and directed to publish the following Notice of Adoption: Notice of Adoption TAKE NOTICE, that after a public hearing was held by the Town Board of the Town of Southampton on April 13, 2021, via videoconferencing, the Town Board, at its meeting of April 27, 2021, adopted Local Law No. 16 of 2021 as follows: “A LOCAL LAW to consider amending Town Code Chapter 323 to extend the Shinnecock Hills Moratorium for three months.” Copies of the proposed 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 4/29/2021 Page 3 Southampton Town Board - Letter Board Meeting of April 27, 2021 RESULT: ADOPTED \[UNANIMOUS\] MOVER: Jay Schneiderman, Supervisor SECONDER: Rick Martel, Councilman AYES: Schneiderman, Lofstad, Martel, Bouvier, Schiavoni Generated 4/29/2021 Page 4 Southampton Town Board - Letter Board Meeting of April 27, 2021 TOWN BOARD RESOLUTION 2021-473 Item # 8.34 ADOPTED DOC ID: 36390 A Resolution of Adoption Amending Southampton Town Code §330-210 (Miscellaneous Provisions) of Article XXII (Signs) to Require Removal of Obsolete Signs and their Supporting Structures 14 Days After the Use or Activity they Identify has Ceased WHEREAS, the Town Board of the Town of Southampton is considering enacting Town Code Town Code §330-210, requiring removal of obsolete signs and their supporting structures 14 days after the use or activity they identify has ceased; and WHEREAS, public comment was taken at a meeting held on April 13, 2021, via videoconferencing, for persons either for or against said enactment; 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. 17 of 2021 is hereby adopted as follows: LOCAL LAW NO. 17 OF 2021 A Local Law amending Southampton Town Code §330-210 (Miscellaneous Provisions) of Article XXII (Signs) to require removal of obsolete signs and their supporting structures 14 days after the use or activity they identify has ceased. BE IT ENACTED by the Town Board of the Town of Southampton as follows: SECTION 1. Legislative Intent. The Town Board of the Town of Southampton recognizes the changing needs of the general public and seeks to maintain the visual aesthetic of the Town, reduce litter and debris, reduce roadway distractions, reduce potential adverse impacts to the safety of passing motorists and pedestrians, and reduce clutter on roadways so that directional signs relating to the public health, safety, and welfare may be unobstructed. In furtherance of that effort, the Town Board seeks to require the removal of obsolete signs no later than 14 days following the event for which said signs were placed, rather than 180 days. SECTION 2. Amendment. Subsection H of Town Code §330-210 (Miscellaneous provisions) of Article XXII (Signs) is hereby amended by deleting the stricken words and adding the underlined words as follows: Generated 4/29/2021 Page 5 Southampton Town Board - Letter Board Meeting of April 27, 2021 § 330-210. Miscellaneous provisions. A. Rights-of-way. No sign other than a sign erected by a governmental agency or permitted under § 330-205H shall be erected or placed within the right-of- way lines of a public street, and the Town may remove any such sign without notice to the owner. B. Sign supports. No lettering shall be permitted on any sign supports. C. Historical buildings. Notwithstanding anything within this article to the contrary, no sign shall be located so as to detract from or obstruct historical buildings (as listed in § 330-321) from public view. D. Wind loads. All signs shall meet the standards of § 1609 of the Building Code of the State of New York, entitled "Wind Loads." E. Variances. All requests for variances from the requirements of this article shall be made to the Zoning Board of Appeals. F. Schedule of Permitted Signs. Schedule B located at the end of this article summarizes the number, size and setback requirements of certain permitted signs according to zoning district. In the event of any conflict between Schedule B and this article, the provisions of this article shall control. G. Town signs. Nothing contained in this article shall be construed to prohibit, limit or restrict the Town of Southampton from erecting and maintaining any signs deemed by it to be in the public interest. H. Obsolete signs. Obsolete signs and their supporting structures shall be removed within 180 14 days after the use or activity they identify has ceased or the property on which they are located has become vacant. SECTION 3. Authority. The Town Board may adopt local laws providing for regulation of signs pursuant to New York State Constitution, Article 9, §2(B)(3); the Statute of Local Governments §10(6); Municipal Home Rule Law §§10(1)(ii)(a)(11) and (12), and §10(1)(ii)(d)(3), and Article 16 of the 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 RESOLVED, that the Town Clerk is hereby directed to publish the following Notice of Adoption: Generated 4/29/2021 Page 6 Southampton Town Board - Letter Board Meeting of April 27, 2021 NOTICE OF ADOPTION TAKE NOTICE, that after a public hearing was held by the Town Board of the Town of Southampton on April 13, 2021, via videoconferencing, the Town Board, at its meeting of April 27, 2021, adopted LOCAL LAW NO. 17 OF 2021 as follows: “A LOCAL LAW amending Southampton Town Code §330-210 (Miscellaneous Provisions) of Article XXII (Signs) to require removal of obsolete signs and their supporting structures 14 days after the use or activity they identify has ceased.” Copies of the local law, sponsored by Councilman Martel and Councilwoman Lofstad, 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: Rick Martel, Councilman SECONDER: Julie Lofstad, Councilwoman AYES: Schneiderman, Lofstad, Martel, Bouvier, Schiavoni Generated 4/29/2021 Page 7 Southampton Town Board .s Sundy A Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 hof y� Fax: (631) 283-5606 S�ur11A March 25, 2021 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 southa tontownn ov. Signature: ate: Jr Please be advised art Town Board, at a meeting held on March 23, 2021 6:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2021-283 Adopted [Unanimous] Notice of Public Hearing to Consider Amending Southampton Town Code 330-210 (Miscellaneous Provisions) of Article XXII (Signs) to Require Removal of Obsolete Signs and Their Supporting Structures 14 Days After the Use or Activity they Identify Has Ceased Town Board Resolution RES-2021-328 Adopted [Unanimous] Notice of Adoption to Amend Article IV of Chapter 330, Zoning, entitled "Multifamily Planned Residential Development Districts (MFPRD)" to eliminate references to PDDs; continue to allow for Pine Barren credits and development rights where appropriate; reference special exception standards for assisted living proposals; reference Chapter 216 for affordable housing requirements; reference the fee schedule; and increase required distance from Hamlet Centers from 500 ft. to 1/4 mile for large senior developments and from V2 mile to 1 mile for all others a Town Board Resolution RES-2021-329 Adopted [Unanimous] Resolution of Adoption Amending Town Code Article X.1 (Agricultural Conservation District) to Reduce the Acreage Requirement from 10 Acres to 7 Acres Town Board Resolution RES-2021-347 Adopted [Unanimous] Notice of Public Hearing to Consider Amending Town Code Chapter 330 (Zoning), Section 183 (Site plan elements) to (i) Address Rainstorm Retention, and (ii) Require Recycling Containers on Site Plans within the Town Sincerely Yours, C Sundy A Schermeyer Town Clerk Generated 3/25/2021 Page 1 Southampton Town Board Sundy A Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 Fax: (631) 283-5606 March 25, 2021 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 March 23, 2021 6:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2021-283 Adopted \[Unanimous\] Notice of Public Hearing to Consider Amending Southampton Town Code 330-210 (Miscellaneous Provisions) of Article XXII (Signs) to Require Removal of Obsolete Signs and Their Supporting Structures 14 Days After the Use or Activity they Identify Has Ceased Town Board Resolution RES-2021-328 Adopted \[Unanimous\] Notice of Adoption to Amend Article IV of Chapter 330, Zoning, entitled "Multifamily Planned Residential Development Districts (MFPRD)" to eliminate references to PDDs; continue to allow for Pine Barren credits and development rights where appropriate; reference special exception standards for assisted living proposals; reference Chapter 216 for affordable housing requirements; reference the fee schedule; and increase required distance from Hamlet Centers from 500 ft. to 1/4 mile for large senior developments and from ½ mile to 1 mile for all others Town Board Resolution RES-2021-329 Adopted \[Unanimous\] Resolution of Adoption Amending Town Code Article X.1 (Agricultural Conservation District) to Reduce the Acreage Requirement from 10 Acres to 7 Acres Town Board Resolution RES-2021-347 Adopted \[Unanimous\] Notice of Public Hearing to Consider Amending Town Code Chapter 330 (Zoning), Section 183 (Site plan elements) to (i) Address Rainstorm Retention, and (ii) Require Recycling Containers on Site Plans within the Town Sincerely Yours, Sundy A Schermeyer Town Clerk Generated 3/25/2021 Page 1 Southampton Town Board - Letter Board Meeting of March 23, 2021 TOWN BOARD RESOLUTION 2021-283 Item # 8.2 ADOPTED DOC ID: 36014 B Notice of Public Hearing to Consider Amending Southampton Town Code 330-210 (Miscellaneous Provisions) of Article XXII (Signs) to Require Removal of Obsolete Signs and Their Supporting Structures 14 Days After the Use or Activity they Identify Has Ceased RESOLVED, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on Tuesday, April 13, 2021, at 1:00 p.m., via videoconference, to hear any and all persons either for or against a local law entitled: “A LOCAL LAW amending Southampton Town Code §330-210 (Miscellaneous Provisions) of Article XXII (Signs) to require removal of obsolete signs and their supporting structures 14 days after the use or activity they identify has ceased,” which provides as follows: LOCAL LAW NO.___ OF 2021 A LOCAL LAW to consider amending Southampton Town Code §330-210 (Miscellaneous Provisions) of Article XXII (Signs) to require removal of obsolete signs and their supporting structures 14 days after the use or activity they identify has ceased. BE IT ENACTED by the Town Board of the Town of Southampton as follows: SECTION 1. Legislative Intent. The Town Board of the Town of Southampton recognizes the changing needs of the general public and seeks to maintain the visual aesthetic of the Town, reduce litter and debris, reduce roadway distractions, reduce potential adverse impacts to the safety of passing motorists and pedestrians, and reduce clutter on roadways so that directional signs relating to the public health, safety, and welfare may be unobstructed. In furtherance of that effort, the Town Board seeks to require the removal of obsolete signs no later than 14 days following the event for which said signs were placed, rather than 180 days. SECTION 2. Amendment. Subsection H of Town Code §330-210 (Miscellaneous provisions) of Article XXII (Signs) is hereby amended by deleting the stricken words and adding the underlined words as follows: § 330-210. Miscellaneous provisions. A. Rights-of-way. No sign other than a sign erected by a governmental agency or permitted under § 330-205H shall be erected or placed within the right-of- way lines of a public street, and the Town may remove any such sign without notice to the owner. B. Sign supports. No lettering shall be permitted on any sign supports. Generated 3/25/2021 Page 2 Southampton Town Board - Letter Board Meeting of March 23, 2021 C. Historical buildings. Notwithstanding anything within this article to the contrary, no sign shall be located so as to detract from or obstruct historical buildings (as listed in § 330-321) from public view. D. Wind loads. All signs shall meet the standards of § 1609 of the Building Code of the State of New York, entitled "Wind Loads." E. Variances. All requests for variances from the requirements of this article shall be made to the Zoning Board of Appeals. F. Schedule of Permitted Signs. Schedule B located at the end of this article summarizes the number, size and setback requirements of certain permitted signs according to zoning district. In the event of any conflict between Schedule B and this article, the provisions of this article shall control. G. Town signs. Nothing contained in this article shall be construed to prohibit, limit or restrict the Town of Southampton from erecting and maintaining any signs deemed by it to be in the public interest. H. Obsolete signs. Obsolete signs and their supporting structures shall be removed within 180 14 days after the use or activity they identify has ceased or the property on which they are located has become vacant. SECTION 3. Authority. The Town Board may adopt local laws providing for regulation of signs pursuant to New York State Constitution, Article 9, §2(B)(3); the Statute of Local Governments §10(6); Municipal Home Rule Law §§10(1)(ii)(a)(11) and (12), and §10(1)(ii)(d)(3), and Article 16 of the 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 Board of the Town of Southampton hereby directs the Town Clerk to forward a copy of this proposed local law to the Southampton Town Planning Board, as well as the Suffolk County Planning Commission pursuant to General Municipal Law §239-m, for their review and recommendations; and be it further RESOLVED, that the Town Clerk is hereby authorized and directed 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 Generated 3/25/2021 Page 3 Southampton Town Board - Letter Board Meeting of March 23, 2021 Southampton on Tuesday, April 13, 2021, at 1:00 p.m., via videoconference, to hear any and all persons either for or against: “A LOCAL LAW amending Southampton Town Code §330-210 (Miscellaneous Provisions) of Article XXII (Signs) to require removal of obsolete signs and their supporting structures 14 days after the use or activity they identify has ceased”; and take FURTHER NOTICE, that due to public health and safety concerns related to COVID-19, the Southampton Town Board will not be meeting in-person. In accordance with the Governor’s Executive Order No. 202.1 and its related extensions, the Town Board meeting will be held via videoconferencing, and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live, and to provide comments. The public can watch the live meeting online from the Town of Southampton website on the Town Clerk’s Meeting Portal, via YouTube, or through the Zoom App. If any interested members of the public would like to provide comments on the public hearing, comments can be called in during the meeting via telephone or the Zoom App. Comments can also be emailed up until one hour before the start of the meeting to the Town Clerk at townclerk@southamptontownny.gov <mailto:townclerk@southamptontownny.gov>. In addition, the record will remain open after the public hearing for the submission of written comments. Please continue to check the Town Clerk’s website and Meeting Portal as the hearing date approaches for further instructions on how to access the virtual meeting, and for any updated information. Summary of Proposed Law The purpose of the proposed law is to require the removal of obsolete sings no later than 14 days following the event for which said signs were posted, rather than 180 days. Copies of the proposed local law, sponsored by Councilperson Martel and Councilperson Lofstad, 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: Rick Martel, Councilman SECONDER: Julie Lofstad, Councilwoman AYES: Schneiderman, Lofstad, Martel, Bouvier, Schiavoni Generated 3/25/2021 Page 4 Southampton Town Board - Letter Board Meeting of March 23, 2021 TOWN BOARD RESOLUTION 2021-328 Item # 8.38 ADOPTED DOC ID: 36185 Notice of Adoption to Amend Article IV of Chapter 330, Zoning, entitled "Multifamily Planned Residential Development Districts (MFPRD)" to eliminate references to PDDs; continue to allow for Pine Barren credits and development rights where appropriate; reference special exception standards for assisted living proposals; reference Chapter 216 for affordable housing requirements; reference the fee schedule; and increase required distance from Hamlet Centers from 500 ft. to 1/4 mile for large senior developments and from ½ mile to 1 mile for all others WHEREAS, the Town Board of the Town of Southampton has considered a LOCAL LAW amending Article IV (Multi-family Planned Residential Development Districts) of Southampton Town Code Chapter 330 (Zoning) to eliminate references to the repealed Planned Development Districts, continue to allow for development right and Pine Barren credits where appropriate, reference the special exception section enacted for Assisted Living proposals, reference Chapter 216 for affordable housing requirements, reference the fee schedule and increase required distance from Hamlet Centers from 500 ft. to 1/4 mile for large senior developments and from ½ mile to 1 mile for all others; and WHEREAS, a public hearing was held by the Town Board on February 23, 2021, at which time all persons either for or against said amendment were given an opportunity to be heard and a written comment period was provided where no written comments were received; and WHEREAS, the Planning Board by Resolution 2021-48 indicated support for the proposed zoning code amendments; and WHEREAS, by letter dated February 19, 2021, Suffolk County has determined this local law to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s); and WHEREAS, the Department of Land Management has advised that this proposed Local Law is classified as an Unlisted Action pursuant to New York State Environmental Quality Review Act (SEQRA) 6 NYCRR Part 617.4(b)(6); and Southampton Town Code Chapter 157 (Environmental Quality Review), and; WHEREAS, the Town Board has reviewed the information contained in the Environmental Assessment Forms prepared by the Department of Land Management where the magnitude and importance of potential impacts have been considered; and WHEREAS, there being no involved agencies, other than the Town Board; now therefore be it RESOLVED, that the Town Board hereby assumes Lead Agency status and finds that the proposed action will result in no significant adverse impacts on the environment and Generated 3/25/2021 Page 5 Southampton Town Board - Letter Board Meeting of March 23, 2021 therefore an environmental impact statement need not be prepared, and hereby issues a NEGATIVE DECLARATION pursuant to the New York State Environmental Quality Review Act and Chapter 157 of the Town Code; and be it further RESOLVED, that Local Law No. 11 of 2021 is hereby adopted as follows: Local Law No. 11 of 2021 A LOCAL LAW amending Article IV (Multi-family Planned Residential Development Districts) of Southampton Town Code Chapter 330 (Zoning) to eliminate references to the repealed Planned Development Districts, continue to allow for development right and Pine Barren credits where appropriate, reference special exception section enacted for Assisted Living proposals, reference Chapter 216 for affordable housing requirements, reference the fee schedule and increase required distance from Hamlet Centers from 500 ft. to 1/4 mile for large senior developments and from ½ mile to 1 mile for all others. BE IT ENACTED by the Town Board of the Town of Southampton as follows: Section 1. Legislative Intent. On July 11, 2017, by Local Law No. 616 of 2017, the Town Board of the Town of Southampton, following a moratorium (Local Law No. 8 of 2016), and after careful review and consideration, eliminated the availability of the planned development district (“PDD”) as a zoning and land use tool within the Town for those applications received after June 6, 2016. Other sections of the Zoning Code that refer to Planned Development Districts that were not also repealed are sometimes found during the normal course of review. In this instance, Article IV of the Zoning Code, entitled “Multifamily Planned Residential Development District (MFPRD)” makes several references to the repealed PDD Code and has other items which require correction. The established MFPRD density standard is 6 units per acre but for residential proposals in excess of 75 units, the Code requires that applications be made under that repealed section. The intent of this legislation is to amend the code to strike out references to the now- repealed PDD Code provisions. In addition, the Comprehensive Plan had intended that PDDs be a repository for Pine Barrens certificates from the Core Preservation Areas. It is still a legislative mandate for the Town to retain a 2:1 ratio of receiving areas under the NYS Pine Barrens Protection Act, so therefore this Code will continue to allow for Pine Barren credit and development right transfers, where found appropriate. In discussing the waiver provisions of the Code, the Town Board has considered the crisis of affordable housing and the limitations of land availability within 500 ft. of a hamlet center. The Town’s Comprehensive Plan still advocates for smart growth and compact, walkable development when contemplating sites proposed for multi-family housing. The Southampton 400+ Sustainability Plan further outlines a healthy, multi-modal, sustainable vision for future development of the Town. The proposed code includes a change to increase the required distance to Hamlet centers from 500 ft. to one-quarter (¼) mile for large senior housing developments, with other developments having the potential to be up to one mile from a Hamlet Center. With this change, the MFPRD floating zone category retains the potential to provide affordable housing and create open space and recreational amenities on-site while still being fairly proximate to essential services. Section 2. Amendment. Generated 3/25/2021 Page 6 Southampton Town Board - Letter Board Meeting of March 23, 2021 Article IV (MFPRD) of Chapter 330 (Zoning) Southampton Town Code Chapter 330 (Zoning), is hereby amended by adding the underlined words and deleting the stricken words as follows: § 330-17. Purpose; definitions; exclusions; special exceptions. A. Purpose. (1) These provisions are enacted to provide for increased housing opportunities and lifestyle options, consistent with the recommendations of the Town of Southampton Master Plan of 1970 and the 1999 Comprehensive Plan Update. Community planning objectives encourage that the Town enable a wide variety of housing types and, more particularly, to help make possible housing opportunities with purchase and rental costs in keeping with the financial means of the Town's residents who have low or lower-middle incomes. Given that there are many economic factors impacting young adults, families, and senior citizens, including but not limited to limited or fixed incomes, physical restrictions, and the rapidly accelerating costs of purchasing and maintaining a single-family residence, the Town Board deems it necessary to provide zoning regulations to permit such multifamily housing developments within the Town. (2) It is the specific purpose and intent of the Multifamily Planned Residential Development (MFPRD) District to provide the opportunity within the Town of Southampton for the development on a planned basis of higher-density housing on sites located in existing single-family neighborhoods but in reasonable proximity to shopping services and other community facilities and with access to major roads and public transportation. To help assure the achievement of this goal with proper protection for existing neighborhood development, the MFPRD District shall be established on a floating zone basis, subject to approval by the Town Board in each case, with exception of small multifamily developments consisting of 20 units or less which may be by special exception use permit. pursuant to § 330-138. MFPRD Districts shall be in accordance with an approved preliminary development concept plan, as described and defined herein. B. Definitions. As used in this article, the following terms shall have the meanings indicated: HAMLET CENTER As defined in § 330-5. MULTIFAMILY HOUSING DEVELOPMENT, LARGE Those developments which consist of more than 40 units, but no greater than 75 units 6 units per acre. In the case where two medium-sized multifamily housing developments are sited contiguously as Phase I and Phase II projects by the same developer (or an entity with development interests in which there are principals in common), they shall be considered as one housing development. MULTIFAMILY HOUSING DEVELOPMENT, MEDIUM Those developments which consist of more than 20 units, but less than 40 units. In the case where two large or medium-sized multifamily housing developments are sited contiguously as Phase I and Phase II projects by the same developer (or an entity with development interests in which there are principals in common), they shall be considered as one housing development. MULTIFAMILY HOUSING DEVELOPMENTS, SMALL Those developments which consist of 20 units or less. In the case where two small-sized Generated 3/25/2021 Page 7 Southampton Town Board - Letter Board Meeting of March 23, 2021 multifamily housing developments are sited contiguously as Phase I and Phase II projects by the same developer (or an entity with development interests in which there are principals in common), they shall be considered as one housing development. PUBLIC TRANSIT AREA As defined in § 330-5. SHORT AND SAFE WALKING DISTANCE Shall be construed as meaning convenient and having adequate sidewalks, streetlights and other pedestrian-friendly, traffic-calming amenities presently available or shall be established of a condition for approval of the floating zone designation. VILLAGE CENTER As defined in § 330-5. C. Exclusions. (1) An MFPRD District shall not be applicable to retirement communities or congregate housing in excess of 75 units. Assisted-living, life-care, continuing-care retirement communities, congregate-housing and independent-living retirement communities in excess of 75 units shall be considered land uses subject to the applicable standards defined in planned development districts (PDDs) Chapter 330 Article XVII, Special Exception Uses. (2) As noted in § 330-10 (Resident Districts Table of Use Regulations), nursing homes and proprietary rest homes are prohibited in MFRPD Districts. D. Special exception uses. (1) Hospitals. As noted in § 330-10 (Residence Districts Table of Use Regulations), hospitals are uses permitted by special exception in the applicable zoning districts, including Multifamily Planned Residential District (MFPRD), in accordance with the performance standards noted within § 330-162.14. (2) Multifamily planned residential development, small. As noted in § 330-10 (Residence Districts Table of Use Regulations), small senior citizen housing developments shall be permitted by special exception in the applicable zoning districts including Multifamily Planned Residential Development District (MFPRD), in accordance with the performance standards noted in § 330-143.2. (3) Bus passenger shelters. As noted in § 330-10 (Residence Districts Table of Use Regulations), bus passenger shelters are permitted by special exception in the applicable zoning districts, including Multifamily Planned Residential Development District (MFPRD), in accordance with the performance standards noted in § 330-127. § 330-18. Application procedure. The procedure for planning and zoning approval of any future proposed multifamily development in an MFPRD District shall involve a two-stage review process as follows: A. Approval of preliminary development concept plan and the reclassification of a specific parcel or parcels of land for development in accordance with that plan by the Town Board; and Generated 3/25/2021 Page 8 Southampton Town Board - Letter Board Meeting of March 23, 2021 B. Approval of a final detailed site plan, as well as a subdivision plat, if appropriate, by the Planning Board. § 330-19. Application to Town Board for zoning approval. Application for the establishment of MFPRD Districts shall be submitted to the Town Board in 15 copies at a regularly scheduled meeting of said Board. The application shall include at least the following items of information: A. The names and addresses of the property owner, the applicant (if other than the owner) and of the planner, engineer, architect, surveyor and/or other professionals engaged to work on the project. B. Where the applicant is not the owner of the property, written authorization from the owner for the submission of the application. C. A written statement describing the nature of the proposed project, how it is designed to serve the purposes of this chapter (including its consistency with the Town Master Plan), an analysis of the site's relationship to immediately adjoining properties and the surrounding neighborhood, the availability and adequacy of community facilities and utilities to serve it, the safety and capacity of the street system in the area in relation to the anticipated traffic generation and such other information as may be required by law or determined necessary by the Town Board or Planning Board to properly enable them to review and decide upon the application. D. A written statement of the proposed method of ownership and maintenance of all common utilities, facilities and open space lands within the proposed development. E. A preliminary development concept plan for the proposed project, drawn to a convenient scale and including the following items of information: (1) The area of the property, in both acres and square feet. (2) A map of existing terrain conditions, including topography with a vertical contour interval of no more than two feet, identification of soil types (including wetlands), existing drainage features, major rock outcroppings, the extent of existing wooded areas and other significant vegetation, existing stone walls, etc. (3) A site location sketch indicating the location of the property with respect to neighboring streets and properties, including the names of all owners of property within 500 feet thereof. This should, also show the existing zoning of the property and the location of all zoning district boundaries in the surrounding neighborhood. (4) A preliminary site development plan indicating the approximate location, height and design of all buildings, the arrangement of parking areas and access drives and the general nature and location of other proposed site improvements, including recreational facilities, landscaping and screening, the storm drainage system, water and sewer connections, etc. (5) A generalized time schedule for the staging and completion of the proposed project. (6) An application fee in the amount of $15 for each proposed dwelling unit. set forth in the Generated 3/25/2021 Page 9 Southampton Town Board - Letter Board Meeting of March 23, 2021 fee schedule, as may be amended by the Town Board. § 330-20. Referral to Planning Board and other agencies. A. Should the Town Board, in the exercise of its discretion, choose to consider an MFPRD zone change, the Town Board shall refer all complete applications for a MFPRD zoning designation to the Planning Board for review and report. Within 30 days of the date of the referral, the Planning Board shall report its recommendations back to the Town Board. No final action shall be taken until the Town Board receives the Planning Board report or the time within which to make that report has expired. The referral time may be extended or shortened by the Town Board. B. With regard to potential impacts to community services, should the Town Board, in the exercise of its discretion, choose to consider a MFPRD zone change, the Town Board shall also transmit the application and/or solicit comments and preliminary review concerning the MFPRD zoning designation from the Chief Fire Marshal, the Fire Department with jurisdiction, or other municipal agencies or districts with jurisdiction, including agencies under contract to provide ambulance/emergency medical services to the subject property. For input from agencies under contract to provide ambulance/emergency medical services to the subject property, the Town Board shall refer the application to the EMS Advisory Association for its recommendations. The Town Board shall also refer the application to the school district in which the proposed project lies for its input. As part of the application, the applicant shall be required to provide to the Town Board the name and address of the applicable fire department, ambulance/emergency medical services agency, other municipal agencies or districts with jurisdiction over the subject property and the school district in which the proposed project lies. § 330-21. Reports from Planning Board and other agencies. A. The Planning Board, in its report to the Town Board, may recommend either approval of the proposed application for the establishment of the MFPRD District, with or without modifications, or disapproval. B. The Fire Marshal, the Fire Department with jurisdiction, or other municipal agencies or districts with jurisdiction, including agencies under contract to provide ambulance / emergency medical services to the subject property, shall forward their comments on the applications for MFPRD zoning designation to the Town Board within 30 days of such request for comments and preliminary review. No response following such thirty-day period shall be construed as no potential adverse impacts to community services solicited upon preliminary review and no additional requirements deemed necessary by such agency for consideration by the Board in its approval of the zone change. C. In preparing its report and recommendation, the Planning Board shall take into consideration the recommendations of the Town Master Plan, the existing nature and arrangement of land uses in the area, the relationship of the proposed design and location of buildings on the site, traffic circulation both on and off the site, the adequacy of available community facilities and utilities to service the proposed development, compliance of the proposed development with the standards and requirements of this chapter, the then- current need for such housing and such other factors as may be appropriately related to the purpose and intent of this article and the Town Code. In the event of a recommendation for disapproval, the Planning Board report shall contain detailed reasons for such Generated 3/25/2021 Page 10 Southampton Town Board - Letter Board Meeting of March 23, 2021 recommendation. § 330-22. Town Board public hearing. A public hearing before the Town Board on an MFPRD zoning designation shall comply with the same notice as prescribed by law for zoning amendments. § 330-23. Town Board action. A. The Town Board may act either to approve, approve with modifications or disapprove the preliminary development concept plan and the establishment of the MFPRD District. Approval or approval with modifications of that concept plan together with the approval of the change of zone shall be deemed to authorize the applicant to proceed with the detailed design of the proposed development in accordance with such concept plan and the subsequent procedures and requirements of this article. A copy of the resolution containing the Town Board's decision shall be forwarded to the Planning Board and to the applicant. A copy shall also be placed on file in the office of the Town Clerk and, if in the form of an approval, the official copy of the Town Zoning Map shall be amended accordingly. B. Approval of the establishment of an MFPRD District shall expire within 18 months of the date of Town Board approval unless the appropriate Planning Board approvals and building permit(s) have been obtained and substantial construction has begun. The Town Board, upon request of the applicant, may extend the above time periods for two additional periods of not more than six months each. In the event of expiration of approval, the MFPRD District may, after proper notice and a public hearing, revert to its prior zoning classification. Thereafter, the Town Clerk shall amend the official copy of the Zoning Map accordingly. § 330-24. Site plan approval by Planning Board. A. No earthwork, land clearing, construction or development shall take place on any property within an MFPRD District except in accordance with a site plan approved by the Planning Board in accordance with this article, and with the procedures and standards for site plan approval as set forth in §§ 330-181 through 330-184 in this chapter. B. Where a proposed multifamily development also involves the subdivision or re-subdivision of land, no development may proceed until the Planning Board has also granted final subdivision approval in accordance with the standards and procedures of Chapter 292, Subdivision of Land, of this Code. § 330-25. Development standards. Development within MFPRD Districts shall be governed by the provisions of this section. A. Location standards. MFPRD Districts shall be permitted in any residence or business district, except CR-200, CR-120 and R-120, provided that the site should be located within a convenient distance from a central business district or hamlet center, or village center which provides shopping, access to public transportation, and community facilities. Generally, all multi-unit developments involving higher-density prototypes (e.g., townhouses, apartment buildings, attached housing, etc.) are to be within 1/2 one mile of a hamlet center or village center. (1) Hamlet centers and village centers. Hamlet centers and village centers, as defined in § 330-5, are identified in the Town Comprehensive Plan and further classified as "major Generated 3/25/2021 Page 11 Southampton Town Board - Letter Board Meeting of March 23, 2021 hamlet centers," "small hamlet centers," "major village centers" and "Town business centers." A Map of Hamlet Centers and Village Centers is on file in the office of the Town Clerk. Hamlet centers contain zoning districts such as Village Business Districts (VB), Shopping Center Business Districts (SCB), or hamlet-scale mixed-use business districts such as Hamlet Commercial/Residential (HC) which may incorporate a grocery store, community pantry, and personal services. Large senior housing developments may only be permitted if located a short and safe walking distance, no greater than 500 feet one-quarter (1/4) mile, from a hamlet center or Shopping Center Business (SCB) District, or village center. Medium senior housing developments may only be permitted if located a short and safe walking distance, no greater than 1/2 one mile, from a hamlet center or a Shopping Center Business (SCB) District or village center. (2) Waivers for small multifamily housing developments. Waivers to the above siting requirement are applicable to small multifamily housing developments, that is, those developments which consist of 20 units or less as defined herein, provided some other public benefit is conveyed by such waiver. New York State Town Law defines "community benefits" to include "housing for low- to moderate-income persons." (3) Waivers for large and medium multifamily housing developments. In certain cases, waivers to the above siting requirements may be applicable to medium and large multifamily housing developments in the following circumstances: (a) If consistent with a Hamlet Study adopted as an update to the Town Comprehensive Plan and the use of such innovative planning MFPRD overlay district also assists the Town in realizing substantial community benefits. However, the Town Board may find the zoning classification for the proposed housing development is better accommodated through the use of planned development district standards. \[1\] The Town's Master Plan recommends contemplates that the use of planned development district (PDD) zoning for large multifamily housing developments, whereby additional density can be achieved through the transfer of development rights (TDRs) or Pine Barren Credits (PBCs), such that there is no substantial increase in the number of dwelling units or population within the same school district because development has been redirected in order to channel growth and preserve more ecologically sensitive lands. TDR's may also originate from parcels determined to be important to protect community character, including but not limited to scenic greenways and greenspace within developed neighborhoods within the same school district. As a change of zone or amendment to the Zoning Map is a discretionary act by the legislative body, the Town Board is not obligated to increase the density beyond 6 units per acre using TDRs or PBCs where it finds it would not meet the objectives of the community or the Comprehensive Plan. may find that the zoning classification for the proposed housing development is better accommodated through the use of planned development district standards. (b) In limited circumstances, medium multifamily housing developments may be located on a site which is within a short and safe walking distance no greater than 500 feet from a public transit area (e.g., municipal bus stop or train station). (c) In cases where the multifamily housing development is not located a short and safe walking distance from a hamlet center, village center or a public transit area, the applicant shall provide a shuttle bus service and/or other transportation mitigation measures. Generated 3/25/2021 Page 12 Southampton Town Board - Letter Board Meeting of March 23, 2021 (d) Procedure; Town Board findings. \[1\] An applicant seeking a waiver from the aforementioned location standards shall make such request in writing to the Town Board with a copy filed in the office of the Town Clerk. The applicant shall indicate the following: \[a\] A preliminary project description and the reasons prompting the request for a waiver of aforementioned location standards. \[b\] The nature of the public benefits provided by the proposed senior citizen housing development, including the number of units proposed as set-aside units for low-, moderate- , or middle-income persons. \[c\] Whether or not the applicant is or is working with a bona fide nonprofit corporation and guarantees to develop and maintain a substantial (e.g., 50%) portion of the resultant housing at a purchase price or tenant cost within the moderate- to middle-income housing market. \[d\] Whether the site is identified as a potential site or redevelopment site suitable for multi- unit housing development or incentive zoning in the Town's Master Plan or a Hamlet Study or Area Study adopted as an Update to the Comprehensive Plan. \[e\] Whether or not the proposed project entails transfers of development rights or redemption of Pine Barrens Credits (PBCs) to achieve additional density or yield. \[2\] A waiver of the aforementioned location standards may be granted by the Town Board after a public hearing. Should the Town Board, in the exercise of its discretion, choose to consider an MFPRD change of zone pursuant to this article, and a waiver from the aforementioned location standards is sought, the public hearing on the waiver may be combined with the public hearing on the change of zone. The notice of any such combined hearing must include a specific reference to the change of zone and the waiver sought. \[3\] The Town Board may only authorize a waiver of the aforementioned location standards by resolution, following a public hearing and a favorable determination based on the criteria noted in Subsection A(3)(d)\[4\] below and may request an advisory report from the Town Planning and Development Administrator. \[4\] In deciding whether or not to authorize a waiver of the aforementioned location standards, the Town Board shall consider the following: \[a\] Based upon the preliminary project description, the appropriateness of the site, environmental considerations, and the proposed development design to accommodate such an increased density. \[b\] The nature or the public benefits conveyed by the waiver, including the provision of housing within the means of low- to moderate-income persons. \[c\] Whether the proposed housing development will have a significant negative impact on a special assessment district. \[d\] Whether the proposed housing development incorporates design elements which meld Generated 3/25/2021 Page 13 Southampton Town Board - Letter Board Meeting of March 23, 2021 with the existing neighborhood and hamlet character, if desirable. \[e\] Whether or not the proposed housing development involves the transfer of development rights or redemption of Pine Barrens Credits (PBCs) or a cash-in-lieu amount equivalent to ensure off-site preservation or acquisition of interests in land in order to achieve the development yield or higher density, excluding any requisite below-market-rate units reserved for persons of low-, moderate-, or middle-income with long-term affordability restrictions proposed by covenants and restrictions. \[5\] The findings by the Town Board and all conditions associated with a waiver shall be specified in the resolution noted in Subparagraph b above. The Town Board may require supplemental design standards, TDRs or additional affordable set-aside units or other community benefits, and other mitigation measures. \[6\] A resolution authorizing a waiver of location standards shall be contingent upon a favorable change-of-zone approval to MFPRD District following a thorough review of the project's benefits and potential impacts pursuant to other provisions of this chapter. A waiver of location standards shall run concurrently with any expiration deadlines associated with a change-of-zone approval for the establishment of the MFPRD District. In the event an applicant withdraws his application or fails to receive change-of-zone approval for a MFPRD District, the waiver of location standards shall be considered null and void. B. Minimum site size. The minimum site size required for the establishment of an MFPRD District shall be five acres or 200,000 square feet, but, in any case, the site shall be of such shape, dimension, topography and location as will allow for an appropriate and attractive development with proper setbacks, screening and a harmonious relationship with adjoining land uses and the natural physical terrain. Buffer areas, intended to screen the development from adjacent properties, the road corridor and the railroad right-of-way, shall be required as necessary. C. Ownership. A proposed MFPRD District site may be owned by one or more persons or corporations but shall be presented as a single parcel of land at the time application for rezoning is made. The application shall be jointly filed by all owners and, if approved, shall be jointly binding on them. If required by the Planning Board, this shall be confirmed by written agreement, in recordable form satisfactory to the Town Attorney. D. Density; required affordable set-aside units; findings by the Town Board; administration and control. (1) Permitted density. The permitted density within an MFPRD District shall be no more than six units per acre for multifamily dwellings and one unit per 15,000 square feet for single- family dwellings, as noted in § 330-11, Table of Dimensional Requirements, and provided that the method of sewage treatment is approved by the Suffolk County Department of Health Services. An applicant or developer of an MFPRD District is not entitled to the maximum number of housing units described in § 330-11. The allowable increased density, including use of TDRs or PBCs upon the calculated maximum number of housing units for the subject site, is at the sole discretion of the Town Board based upon evaluation of the proposed development plan's impacts and benefits on the particular hamlet in which the proposed development is to be located, and density incentives permitted to further certain community planning objectives as described in the Town of Southampton Comprehensive Plan. Generated 3/25/2021 Page 14 Southampton Town Board - Letter Board Meeting of March 23, 2021 (2) Set-aside units for moderate-income families affordable housing. At least 20% of all units provided in the development shall be set aside in perpetuity pursuant to Chapter 216 of the Town Code. for moderate income families, as defined in § 330-5 of this chapter. (3) Findings by the Town Board. (a) In determining whether to grant a zone change to MFPRD District, the Town Board, in addition to its usual discretion in considering a change of zone, shall also consider the need for units for moderate-income families in the particular hamlet, the nature and extent to which the applicant intends to provide such units, the appropriateness of the site, environmental considerations, the proposed development design to accommodate such an increased density, and any potentially significant negative impacts to the school district or other special assessment district in which the proposed development is located. In addition, the Town Board shall find that the housing development is consistent with the recommendations of the Comprehensive Plan, will be beneficial, compatible and harmonious with the surrounding land uses and will not have a significant adverse impact upon the environment, the school district or upon other special assessment districts in which the site is located. (b) The Town's Master Plan recommends the use of planned development district (PDD) zoning for large multifamily housing developments, whereby contemplates that additional density can may be achieved through the transfer of development rights (TDRs) or Pine Barren Credits (PBCs), such to the extent that there is no substantial increase in the number of dwelling units or population within the Town because development has been redirected in order to channel growth and preserve more ecologically sensitive lands. (c) As a change of zone or amendment to the Zoning Map is a discretionary act by the legislative body, the Town Board may find that any development or redevelopment of the property is best accommodated under its existing zoning or an alternative zoning overlay district or zoning classification. (4) Administration and control of occupancy. Chapter 216 of the Town Code provides for the control and administration of occupancy of community housing opportunities for income- eligible households created pursuant to Article IV (Multifamily Planned Residential Development Districts) of Chapter 330, Zoning, of the Town Code of the Town of Southampton, including, but not limited to, requirements setting forth priority households for housing lotteries. (5) The total number of units on any site shall not exceed 75 6 units per acre, unless TDRs and PBCs are permitted to be transferred on a parcel by the Town Board, to the extent found reasonable and appropriate pursuant to the Comprehensive Plan and standards provided herein. E. Lot coverage. The maximum permitted building coverage within an MFPRD District shall be 20%. F. Traffic access. Properties within an MFPRD District shall have either direct frontage on a major or collector road as shown on the Town Master Plan or safe and convenient access to such a road without passing through a one-family residential neighborhood. Generated 3/25/2021 Page 15 Southampton Town Board - Letter Board Meeting of March 23, 2021 G. Utilities and services. (1) Water supply and sewage disposal. Developments 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. Adequacy of water supply for fire protection (e.g., fire flow) shall be determined by the Fire Department having jurisdiction. (2) Drainage. Stormwater drainage systems serving any multifamily development shall be designed so that the rate of runoff from the site during a one-hundred-year storm will not exceed that which would have occurred prior to its construction. The calculation of such runoff rate and the design of the drainage system shall be subject to the approval of the Town Engineer. (3) Refuse storage and collection. Plans for the storage and collection of refuse within any multifamily development shall be subject to Planning Board approval. The outside storage of refuse, if permitted, shall be in rodent-proof containers conveniently located and enclosed or otherwise screened from view. Such facilities shall comply with all setback requirements applicable to principal buildings. (4) Underground utilities. All utilities within any multifamily development, including electric, telephone and cable television service, shall be placed underground. (5) Fire protection. The site plans for multifamily development shall provide proper access for firefighting equipment and personnel and shall provide hydrants in such number and location and with such water flow as may be determined adequate and approved by the Planning Board, based upon the recommendations of the Town Engineer and the Fire Department having jurisdiction. In the interest of public safety, key boxes for emergency access are required in certain circumstances involving electronic security driveway gates within MFPRD site plans (e.g., gated community) and shall be in conformance with the requirements of the public safety agencies providing the primary fire protection and emergency medical services to the location. Compliance with the provisions of Chapter 330, Article XXX, Driveway Standards, is also required. H. Recreation and open space. (1) Recreation area. Except as provided below, each multifamily development shall include a recreation area which is designed, improved and maintained for the exclusive use of the residents of such development and their nonpaying guests. The recreation area shall contain at least 75 square feet of lot area per dwelling unit, but in no case less than 50 square feet per bedroom. The plan for the recreation area shall be subject to Planning Board approval as to location, design and adequacy, taking into consideration the size of the development and the anticipated occupancy of the units. Where the Planning Board determines that a suitable recreation area of adequate size cannot be properly located in any such development or is otherwise not practical, the Board may require as a condition of approval of any such site plan a payment to the Town of a sum which shall constitute a trust fund to be used by the Town exclusively for neighborhood park, playground or recreation purposes, including the acquisition of property. Such sum shall be determined in accordance with the provisions of § 292-35B of this Code. (2) Private outdoor space. Each individual multifamily dwelling unit shall, if practicable, be provided with a private outdoor space in the form of a patio, terrace, garden, courtyard, Generated 3/25/2021 Page 16 Southampton Town Board - Letter Board Meeting of March 23, 2021 deck or balcony, which space shall be immediately adjoining and directly accessible to the dwelling unit which it serves. (3) Other open spaces. All portions of any multifamily development which are not used for one or more of the purposes permitted above shall be designed and maintained as permanent open space, either to be landscaped or preserved in its natural state, all in accordance with plans approved by the Planning Board. I. Off-street parking. The development shall meet the parking requirements provided in §§ 330-93 and 330-94 of the Town Code. J. Minimum floor area. The development shall meet the minimum floor area requirement provided in § 330-105 of the Town Code. K. Covenants and restrictions. The Town Board and the Planning Board shall have the right to require that the applicant or owner to execute agreements and covenants as it may deem to be required. Said agreements or covenants shall be recorded in the office of the Suffolk County Clerk and constitute a covenant running with the land. Such covenant or agreement may be modified or released only as set forth in said covenant or agreement or by the Town Board. L. Architectural review. All construction shall be subject to the review of the Board of Architectural Review pursuant to Article XIX of this chapter, or its successor. Building prototypes and design shall reflect indigenous architecture and shall be built with consideration to the special character of Southampton as a rural and resort community. Particularly for large developments comprised of townhouses or detached single-family units, in choice of exterior finish, care shall be taken to avoid the appearance of a development in which all units appear exactly the same. M. Other requirements. (1) Individual unit access. In general, each individual dwelling unit within any multifamily development shall have its own separate entrance/exit leading directly to the outside. The Planning Board may waive this requirement as a part of site plan approval where said Board determines that the basic intent of this requirement in terms of safety and the avoidance of common hallway areas can be met through other elements of the building design. (2) Cable television. Cable television service shall be provided in accordance with plans approved by the Planning Board. Exterior antennas for individual multifamily buildings or dwelling units shall not be permitted. (3) Storage. For the convenience of the residents of the development, provision shall be made for general storage of bulky items, such as trunks. (4) Basements, cellars, attics, and garages. No living units shall be permitted in an attic, basement or cellar area. Garages shall not be converted to habitable living space. (5) Universal design. To the extent practicable, the development shall incorporate visitable design elements of universal design standards to reduce problems meeting requirements for accessibility pursuant to the Americans With Disabilities Act (ADA) and Fair Housing Act (FHA). "Universal design" is a flexible, inclusive process aimed at enabling all occupants Generated 3/25/2021 Page 17 Southampton Town Board - Letter Board Meeting of March 23, 2021 access regardless of size, age, or abilities, including but not limited to accessibility code compliance. The diverse needs of the development's population should be accommodated 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. (a) 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. All outdoor areas available to residents shall permit such residents to move about without danger and with minimum effort. (b) Residential units, to the extent practicable, shall incorporate visitable design concepts by conformance to the supplemental design requirements listed in Chapter 123, Article IV, Universal Design, as applicable to high-density residential development designated as "multifamily housing." (6) Safeguards. No rental of any portion of the unit or subletting of the unit itself shall be permitted. Appropriate safeguards should be instituted to forestall seasonal rentals of any portion of the units or the units in general, including the imposition of covenants and restrictions binding upon all owners and occupants. § 330-26. Action by Town Board on its own motion. Nothing herein shall be construed as limiting the authority of the Town Board to establish an MFPRD District on its own motion. Where the Town Board proceeds on its own motion, the procedures for zoning approval for an MFPRD District shall be pursuant to § 330-185 in lieu of the procedures of this article. Where the Town Board establishes an MFPRD District on its own motion, final site plan approval and subdivision approval, if appropriate, shall be obtained from the Planning Board as required by this section. Section 3. Authority. The proposed local law is enacted pursuant to NYS Town Law §264, as well as Municipal Home Rule Law §§10(1)(i), 10(1)(ii)(a)(11), 10(1)(ii)(a)(12), and 10(1)(ii)(d)(3). 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 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 FURTHER RESOLVED, that the Town Clerk is hereby directed to publish the following Notice of Adoption: Generated 3/25/2021 Page 18 Southampton Town Board - Letter Board Meeting of March 23, 2021 NOTICE OF ADOPTION PLEASE TAKE NOTICE that, after a public hearing was held by the Town Board of the Town of Southampton on February 23, 2021, the Town Board, at its meeting of March 23, 2021, adopted LOCAL LAW NO. 11 OF 2021, as follows: “A LOCAL LAW to amend Article IV of the Southampton Town Code Chapter 330 (Zoning) to eliminate any and all references to the repealed Planned Development Districts; continue to allow for Pine Barren credit and development right transfers, where appropriate; reference special exception section enacted for Assisted Living proposals; reference Chapter 216 for affordable housing requirements; reference the fee schedule; and increase required distance from Hamlet Centers from 500 ft. to 1/4 mile for large senior developments and from ½ mile to 1 mile for all others” A copy of this Local Law, sponsored by Supervisor Schneiderman, is on file in the Southampton 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, Martel, Bouvier, Schiavoni Generated 3/25/2021 Page 19 Southampton Town Board - Letter Board Meeting of March 23, 2021 TOWN BOARD RESOLUTION 2021-329 Item # 8.39 ADOPTED DOC ID: 36040 Resolution of Adoption Amending Town Code Article X.1 (Agricultural Conservation District) to Reduce the Acreage Requirement from 10 Acres to 7 Acres WHEREAS, the Town Board of the Town of Southampton is considering amending Town Code Article X.1 (Agricultural Conservation District) to reduce the acreage requirement from 10 acres to 7 acres; and WHEREAS, a public hearing was held by the Town Board of the Town of Southampton on March 9, 2021, via videoconferencing, at which time all persons either for or against said amendment 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. 12 of 2021 is hereby adopted as follows: LOCAL LAW NO. 12 OF 2021 A LOCAL LAW amending Town Code Article X.1 (Agricultural Conservation District) to reduce the acreage requirement from 10 acres to 7 acres. BE IT ENACTED by the Town Board of the Town of Southampton as follows: Section 1. Legislative Intent. On January 12, 2021, by Local Law No. 1 of 2021, the Town Board of the Town of Southampton adopted Town Code Article X.1, authorizing Agricultural Conservation Districts (“ACD”), formerly known as Agricultural Planned Development Districts, within the Town. In particular, Town Code §330-51.2 addresses the eligibility of a parcel to be designated as an ACD, requiring that said parcel be: (i) 10 acres or greater, (ii) located within the Agricultural Overlay District, and (iii) restricted with an agricultural easement for a period of at least 10 years. Upon review, the purpose of this law is to reduce the minimum acreage requirement noted above from 10 acres to 7 acres. Indeed, by the terms of Article X.1, the resultant agricultural easements are to be consistent with §301 of the Agriculture and Markets Law (“A&ML”). Section 301 of the A&ML defines lands used in agricultural production to mean “not less than seven acres.” Thus, in order to be consistent with §301 of A&ML, the purpose of this law is to reduce the acreage requirement for a parcel to be considered for an ACD from a minimum of 10 acres, to a minimum of 7 acres. Section 2. Amendment. Subsection (A) of §330-51.2 (Requirements and incentives) of Southampton Town Code Generated 3/25/2021 Page 20 Southampton Town Board - Letter Board Meeting of March 23, 2021 Article X.1 (Agricultural Conservation District) is hereby amended by deleting the stricken words and adding the underlined words as follows: §330-51.2. Requirements and incentives. A. A parcel shall be 10 7 acres or greater, situated within the Agricultural Overlay District and be restricted with an agricultural easement for a period of at least 10 years. For purposes of this ACD, a parcel may consist of a lot designated as a single tax number, or of two or more contiguous lots with separate tax map numbers. Section 3. Authority. The proposed local law is enacted pursuant to NYS Town Law §264, as well as Municipal Home Rule Law §§10(1)(i), 10(1)(ii)(a)(11), 10(1)(ii)(a)(12), and 10(1)(ii)(d)(3). 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 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 FURTHER RESOLVED, that the Town Clerk is hereby authorized and directed to publish the following Notice of Adoption: NOTICE OF ADOPTION TAKE NOTICE, that after a public hearing was held by the Town Board of the Town of Southampton on March 9, 2021, via videoconferencing, the Town Board, at its meeting of March 9, 2021, adopted Local Law No. 12 of 2021 as follows: “A LOCAL LAW amending Town Code Article X.1 (Agricultural Conservation District) to reduce the acreage requirement from 10 acres to 7 acres.” Copies of the proposed law, sponsored by Councilman Schiavoni, 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: Tommy John Schiavoni, Councilman SECONDER: Julie Lofstad, Councilwoman AYES: Schneiderman, Lofstad, Martel, Bouvier, Schiavoni Generated 3/25/2021 Page 21 Southampton Town Board - Letter Board Meeting of March 23, 2021 TOWN BOARD RESOLUTION 2021-347 Item # 8.57 ADOPTED DOC ID: 35378 Notice of Public Hearing to Consider Amending Town Code Chapter 330 (Zoning), Section 183 (Site plan elements) to (i) Address Rainstorm Retention, and (ii) Require Recycling Containers on Site Plans within the Town RESOLVED, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on April 13, 2021 at 1:00 p.m., via videoconferencing, to hear any and all persons either for or against a local law entitled: “A LOCAL LAW to consider amending Town Code Chapter 330 (Zoning), Section 183 (Site plan elements), to (i) address rainstorm retention, and (ii) require recycling containers on site plans,” which provides as follows: LOCAL LAW NO. OF 2021 A LOCAL LAW to consider amending Town Code Chapter 330 (Zoning), Section 183 (Site plan elements), to (i) address rainstorm retention, and (ii) require recycling containers on site plans. BE IT ENACTED by the Town Board of the Town of Southampton as follows: Section 1. Legislative Intent. In amending this chapter, the Town seeks to reduce the volume of potential offsite runoff during heavy storm events. Reducing rainwater runoff can prevent hazardous chemicals, bacteria, and waste from collecting in storm drains and reaching ground water, natural waterways and sources of drinking water, which will greatly benefit the Town of Southampton and its environment. Additionally, the Town seeks to increase efforts to recover and reuse recyclable materials, which will protect and enhance the Town’s physical environment while promoting the health and safety of persons and property herein. Section 2. Amendment. Section 183 (Site plan elements), of Chapter 330 (Zoning), is hereby amended at subsection C (4) (Proposed development), by deleting the stricken words and adding the underlined words as follows: (4) Proposed development. (a) The location of proposed buildings or structural improvements, indicating setbacks from all property lines and horizontal distances from existing structures. (b) The location and design of all uses not requiring structures, such as off-street parking and loading areas and pedestrian circulation. Parking calculations shall be shown. (c) The location, direction, power and time of use for any proposed outdoor Generated 3/25/2021 Page 22 Southampton Town Board - Letter Board Meeting of March 23, 2021 lighting or public-address systems. (d) The location and plans for any outdoor signs which must be in accordance with applicable sign regulations. (e) Grading and drainage plans shall be based on a two-inch rainstorm retention volume of two inches (2”) minimum within leaching structures and one inch (1”) in ponding or a combination thereof; drainage calculations, contours and spot grade elevations to be shown. (f) Landscaping, buffering and street tree plans, including material size, quantity and location. A list of plantings shall also be shown. (g) The location of water and sewer mains, electrical service and cablevision installations, location of water valves and hydrants and/or any alternate means of water supply and sewage disposal and treatment. (h) An indication that all storage areas for materials, vehicles, supplies, products or equipment shall be located in either a side or rear yard in compliance with this chapter and that such areas are adequately fenced or screened. (i) If the site plan only indicates a first stage, a supplementary plan shall indicate ultimate development. (j) The location of any fire hydrant, cistern, well or other fire-protection device. (k) Any other information deemed by the Planning Board to be necessary to determine conformity of the site plan with the spirit and intent of this chapter, specifically including any such information necessary to allow the Architectural Review Board to provide a timely advisory report as provided in § 330-170C of this chapter. (l) All site plans for properties situated on a lot equal to or greater than 15 acres located within the Agricultural Overlay District, in addition to the above requirements, shall depict the location of all proposed structures, identify future development and farmland preservation areas, and provide relevant soil data information. (m) All site plans for private, industrial, institutional, or commercial establishments shall provide suitable recycling containers to prevent the dispersal of their contents about the premises or elsewhere. Section 3. Authority. The proposed local law is enacted pursuant to Town Law §274-a, as well as Municipal Home Rule Law §§10(1)(ii)(a)(11) and (12), as well as §10(1)(ii)(d)(3). 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. Generated 3/25/2021 Page 23 Southampton Town Board - Letter Board Meeting of March 23, 2021 AND BE IT FURTHER RESOLVED, that the Town Board of the Town of Southampton hereby directs the Town Clerk to forward a copy of this proposed local law to the Southampton Town Planning Board, as well as the Suffolk County Planning Commission pursuant to General Municipal Law §239-m 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 a public hearing will be held by the Town Board of the Town of Southampton on Tuesday, April 13, 2021 at 1:00 p.m., via videoconferencing, to hear any and all persons either for or against: “A LOCAL LAW to consider amending Town Code Chapter 330 (Zoning), Section 183 (Site plan elements), to (i) address rainstorm retention, and (ii) require recycling containers on site plans”; and take FURTHER NOTICE, that due to public health and safety concerns related to COVID-19, the Southampton Town Board will not be meeting in-person. In accordance with the Governor’s Executive Order No. 202.1 and its related extensions, the Town Board meeting will be held via videoconferencing, and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live, and to provide comments. The public can watch the live meeting online from the Town of Southampton website on the Town Clerk’s Meeting Portal, via YouTube, or through the Zoom App. If any interested members of the public would like to provide comments on the public hearing, comments can be called in during the meeting via telephone or the Zoom App. Comments can also be emailed up until one hour before the start of the meeting to the Town Clerk at townclerk@southamptontownny.gov. In addition, the record will remain open after the public hearing for the submission of written comments. Please check the meeting agenda posted on the Town Clerk’s website as the hearing date approaches for further instructions on how to access the virtual meeting, and for any updated information. Summary of Proposed Law The purpose of this local law is to amend Town Code Chapter 330 (Zoning), Section 183 (Site plan elements), at subsection C (4) to (i) address rainstorm retention on site plans, and (ii) require recycling containers on site plans. Copies of the proposed 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. Generated 3/25/2021 Page 24 Southampton Town Board - Letter Board Meeting of March 23, 2021 RESULT: ADOPTED \[UNANIMOUS\] MOVER: John Bouvier, Councilman SECONDER: Julie Lofstad, Councilwoman AYES: Schneiderman, Lofstad, Martel, Bouvier, Schiavoni Generated 3/25/2021 Page 25