No preview available
HomeMy WebLinkAboutSH y`�Is�rsrp. •j 0-, n'ary Southampton Town Board Sundy A Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 °''ry .. sr Fax: (631) 283-5606 Op a 50�711Ab11� March 30, 2023 Honorable Denis Noncarrow Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Denis Noncarrow: Responding to this letter will serve as an acknowledgement of receipt of the attached copies of resolutions ado p by he Southampton Town Board. Please sign this letter and return it to the Town CI ks fi is standard mail, by fax at 631-283-5606 or you may scan and email it back o t rk@southamptontownny.go v.Signature: Date: Please be advised that the Town Board, at a meeting held on March 28, 2023 6:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2023-507 Adopted [Unanimous] Public Hearing to Amend Chapter 330-340 to 330-346 "Dark Sky Laws"for Enhanced Enforcement Language Additions Sincerely Yours, < �. 'SSg� Sundy A Schermeyer Town Clerk Generated 3/30/2023 Page 1 `lP,i•r lJa � x Southampton Town Board Sundy A Schermeyer Town Clerk 116 Hampton Road "may Telephone: (631) 287-5740 Southampton, NY 11968 °'�; y March , Honorable Denis Noncarrow Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Denis Noncarrow: Please be advised that the Town Board, at a meeting held on March 28, 2023 6:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2023-507 Adopted [Unanimous] Public Hearing to Amend Chapter 330-340 to 330-346 "Dark Sky Laws" for Enhanced Enforcement Language Additions - Sincerely Yours, �- Saiz� Sundy A Schermeyer Town Clerk Generated 3/30/2023 Page 1 Southampton Town Board - Letter Board Meeting of March 28, 2023 TOWN BOARD RESOLUTION 2023-507 Item#7.66 ADOPTED DOC ID: 42880 Public Hearing to Amend Chapter 330-340 to 330-346 "Dark Sky Laws" for Enhanced Enforcement Language Additions RESOLVED, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on Tuesday, April 25, 2023, at 6:00 p.m., both in-person, at Southampton Town Hall, 116 Hampton Road, Southampton, New York, and via videoconferencing, to hear any and all persons either for or against a local law entitled: "A LOCAL LAW amending various sections of Town Code chapter 330-340 through 330-346 in order to enhance enforcement of"Dark Sky" laws," which provides as follows: LOCAL LAW NO. OF 2023 A LOCAL LAW amending various sections of Town Code chapter 330-340 through 330-346 in order to enhance enforcement of"Dark Sky" laws," BE IT ENACTED by the Town Board of the Town of Southampton as follows: SECTION 1. Legislative Intent. The purpose of the proposed amendments is to enhance enforcement ability of the body of law known as "Dark Sky" law in order to protect the health, safety and welfare of the general public, conserve valuable energy resources, prevent light trespass from interfering with our quality of life, protect our ecological and natural resources, and preserve the ability to view the celestial features of the night sky for present and future generations. SECTION 2. Amendment. Section 330-341 of the Town Code is hereby amended by deleting the stricken words and adding the underlined words as follows: § 330-341 Definitions. As used in this article, the following terms shall have the meanings indicated: AVERAGE FOOTCANDLES The average level of illuminance for a given area measured at ground level with a light meter placed parallel to the ground. COLOR RENDERING INDEX (CRI) A number from 0 to 100 representing the ability of a light source to accurately reproduce the colors of an illuminated object. (Higher index numbers indicate greater accuracy.) CORRELATED COLOR TEMPERATURE (CCT) The perceived color of the light emitted by a lamp, expressed in kelvin (K) units. The lower the kelvin rating, the "warmer" or more yellow the light; the higher the rating, the "cooler" or more blue the light. ESSENTIAL LIGHTING Light used for a specified period of time that is necessary for a specific purpose, as defined herein, while said purpose is actively being served. This includes fully shielded lighting that Generated 3/30/2023 Page 2 Southampton Town Board - Letter Board Meeting of March 28, 2023 is necessary to promote location identification, identify entrances and exits for public circulation, to illuminate walkways in order to promote public safety, and fully shielded security lighting activated by motion sensors and/or timers providing for illumination for a maximum period of 10 minutes per triggering event. [Amended 7-14-2015 by L.L. No. 22-2015] EXCESSIVE LIGHTING Light that exceeds the amount that is needed to perform a visual task at night or is required for safety, per suggested minimum illuminance levels published by IES in its Recommended Practices. FIXTURE The complete lighting assembly that houses the lamp or lamps and can include all or some of the following parts: a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a refractor or lens; also referred to as a "luminaire." FLOOD- OR SPOTLIGHT Any light fixture or lamp that incorporates a reflector, a refractor, or a prismatic lens to concentrate the light output into a directed beam in a particular direction. FLUORESCENT A type of discharge lamp that employs mercury vapor and phosphors. Unlike incandescent lamps, fluorescent lamps require a ballast to regulate the flow of electricity. FOOTCANDLE The unit of measurement used to quantify the amount of light falling on a surface. One footcandle is the illuminance produced by a candle on a surface one foot square from a distance of one foot. FULL CUTOFF For the purposes of this article, a "full-cutoff fixture" is considered one that delivers 100% of the total lumens within the 00 to 900 zone with a maximum of 10% of total lumens delivered within the 800 to 900 zone. Full-cutoff fixtures are considered fully shielded. See Figure 1. [Amended 7-14-2015 by L.L. No. 22-2015] FULLY SHIELDED A fixture constructed and installed in a fixed position and in such a manner that all light emitted is projected below the horizontal plane through the fixture's lowest light-emitting part. Unlike a full-cutoff fixture, a fully shielded fixture is not engineered to limit lumen distribution in the 800 to 900 zone. See Figure 1. [Amended 7-14-2015 by L.L. No. 22- 2015] Figure 1 Generated 3/30/2023 Page 3 Southampton Town Board - Letter Board Meeting of March 28, 2023 it x=. S900A 1 get No light above 90°. Max 140tQ of total lumens within 80-90' zone. 1 '6. 1 GLARE A visual effect produced when a light source within the field of view is brighter than the level to which the eyes are adapted. Glare may cause annoyance, discomfort, loss of visual acuity, or momentary blindness. HIGH-INTENSITY DISCHARGE (HID) LIGHTING An energy-efficient family of lighting that includes high-pressure sodium, mercury vapor, and metal-halide-type bulbs. These types require a warmup time, usually require a ballast exclusive to the light source, and have a higher lumen output per watt than incandescent or halogen lamps. HIGH-PRESSURE SODIUM (HPS) A type of high-intensity discharge lamp that primarily employs sodium. These lamps produce light with a warm Correlated Color Temperature of approximately 2100 K and have a Color Rendering Index of around 25. [Amended 7-14-2015 by L.L. No. 22-2015] HOLIDAY LIGHTING Temporary lighting of various types and colors installed in connection with holiday or religious observances and removed thereafter. IES Illuminating Engineering Society, the trade association of the lighting industry. IES RECOMMENDED PRACTICES IES publications setting forth recommended light levels for a particular application. Recommended Practices cited in this article are: Lighting for Exterior Environments (RP-33), Lighting for Parking Facilities (RP-20), Roadway Lighting (RP-8), and Sports and Recreational Areas Lighting (RP-6). ILLUMINANCE Generated 3/30/2023 Page 4 Southampton Town Board - Letter Board Meeting of March 28, 2023 The amount of light falling on a surface, measured in footcandles (lumens per square foot). KELVIN The unit of measurement used to characterize the color of light emitted by a lamp. See also "Correlated Color Temperature." [Amended 7-14-2015 by L.L. No. 22-2015] LAMP A light bulb or other component of a fixture that changes electricity into visible light. [Amended 7-14-2015 by L.L. No. 22-2015] LAMP TYPE The category to which a lamp belongs by virtue of the process by which it produces,light. The principal categories are incandescent, fluorescent, low-pressure sodium, high-intensity discharge (HID) (which includes high-pressure sodium, metal halide, and mercury vapor), and LED (light-emitting diode). The categories vary in terms of: [Amended 7-14-2015 by L.L. No. 22-2015] A. The amount of light output (lumens) per watt consumed; B. Lamp life; C. The color of the light emitted (Correlated Color Temperature); and D. The accuracy with which colors of an illuminated object are reproduced (Color Rendering Index). LED (Light-Emitting Diode) A semiconductor device that emits visible light when electrical current passes through it. [Added 7-14-2015 .by L.L. No. 22-2015] LIGHTING Man-made illumination or equipment used to produce it. [Amended 7-14-2015 by L.L..No. 22-20151 LIGHT LEVEL The illuminance as measured by a light meter or reported in photometric calculations. Light levels are indicated in ,footcandle measurements and may also be expressed as uniformity ratios, maximum or average to minimum. LIGHT POLLUTION Any adverse effect of artificial light including, but not limited to, glare, light ,trespass, skyglow, visual clutter; excessive or unnecessary lighting, or any artificial light that unnecessarily diminishes the ability to view the night sky or is disruptive to the natural environment. LIGHT SOURCE The light-emitting part or parts of a light fixture, consisting of the lamp or lamps and any transparent or translucent covering over the lamp, as well as any refractors, reflectors, prismatic lenses, mirrors, or diffusers which emit or transmit light. LIGHT TRESPASS Light projected onto a property or into the public right-of-way from -a light source on a different property. LOW-PRESSURE SODIUM A type of discharge lamp that primarily employs sodium. These lamps have a higher lumen Generated 3/30/2023 Page 5 Southampton Town Board - Letter Board Meeting of March 28, 2023 output per watt than HID lamps but low Color Rendering Index. [Amended 7-14-2015 by L.L. No. 22-2015] LUMEN The unit of measurement used to quantify the amount of light produced by a lamp or emitted from a fixture (as distinct from "watt," which is a measurement of the electrical power). For the purposes of this article, measurements in lumens shall refer to "initial lamp lumens" (as opposed to "maintained lamp lumens") as rated by the manufacturer when the lamp is new, as listed on the packaging. LUMINAIRE See "fixture." MERCURY VAPOR A type of high-intensity discharge lamp that uses mercury as the primary light-producing element. Mercury vapor lamps produce light with a cool Correlated Color Temperature (CCT) from 3000 to 7000 K. [Amended 7-14-2015 by L.L. No. 22-20151 METAL HALIDE A type of high-intensity discharge lamp that uses mercury and several halide additives as light-producing elements. Metal halide lamps are typically available with cool Correlated Color Temperatures (CCT) from 2300 to 5400 K and with CRI values from 60 to 93. [Amended 7-14-2015 by L.L. No. 22-20151 MOUNTING HEIGHT The vertical distance measured from the average elevation of the existing natural grade or average elevation of the approved grade (if cut/fill activities are proposed) to the lowest light-emitting part of an installed fixture. [Amended 7-14-2015 by L.L. No. 22-20151 NONCONFORMING Lighting which does not meet the requirements and specifications contained in this article. NONESSENTIAL LIGHTING Lighting which is unnecessary for pedestrian passage or other tasks and therefore not generally useful (i.e., decorative and landscape lighting). This includes lighting intended for a specific task or purpose when said task or purpose is not being actively performed (e.g., parking lot illumination and wall-mounted perimeter lights after business hours). NONRESIDENTIAL LIGHTING Any outdoor lighting intended for use on a lot with a business (except home occupation), industrial, or institutional use (or, if undeveloped, is zoned for such use). Municipal buildings and facilities shall follow nonresidential standards. NUISANCE LIGHTING Any outdoor lighting that creates a potential hazard to the public, illuminates the interior of a neighboring residential structure from an external point, or creates a light trespass or glare to neighboring properties; thereby causing loss of enjoyment, comfort, or repose. OUTDOOR LIGHTING Lighting that provides illumination to a surface, building, structure, device, or other outdoor feature. Any fixture located indoors that is intended to illuminate something outdoors is considered outdoor lighting for the purposes of this article. [Amended 7-14-2015 by L.L. Generated 3/30/2023 Page 6 Southampton Town Board - Letter Board Meeting of March 28, 2023 No. 22-2015] PHOTOMETRIC(S) or PHOTOMETRY A test to determine light distribution and performance of a fixture. A photometric report, which may include candlepower distribution data, cutoff or other light distribution classification, footcandle chart, etc., is generally available from the manufacturer. [Amended 7-14-2015 by L.L. No. 22-2015] REPAIR Any service normally provided by a licensed electrician to a light fixture or lighting installation, including replacement, modification, or relocation of any of the following: poles, mounting arms, wiring, housings, or any component within or attached to a light fixture. Replacement of a user-serviceable lamp (i.e., light bulb) shall not by itself be considered a repair. RESIDENTIAL LIGHTING Any outdoor lighting on a lot having a structure or structures whose primary use is residential (or, if undeveloped, is zoned for such use). Although reviewed as a commercial site plan, lighting plans for multifamily or condominium developments shall follow residential standards. SEARCHLIGHT Lighting designed to project a high-intensity beam of light that is typically used to sweep the sky for promotional purposes. SENSOR (MOTION) A, device that causes a light fixture to turn on or off in response to motion or light or infrared radiation or a combination thereof. SHIELD or SHIELDED An opaque device that is attached to a light fixture to prevent light from being emitted in certain directions. Auxiliary "back" or "house-side" shielding added to an already fully shielded fixture can help limit trespass where a fixture is located near the property line. SKYGLOW The brightening of the night sky or the overhead glow from artificial light that is directed upward or from light reflected upward from the ground or off other surfaces. Skyglow is caused by the reflection of light off moisture and dust particles in the atmosphere, reducing the ability to view the natural night sky. SPORTS LIGHTING Light fixtures used to illuminate courts, arenas, fields, tracks, and recreational areas. STREETLIGHTING Permanent outdoor lighting that is owned and maintained by a municipality or other public agency and that is specifically intended to illuminate streets for automotive vehicles and may also incidentally light sidewalks and private property. TEMPORARY LIGHTING Lighting which is intended to be used for a specified purpose and for a limited time and is removed thereafter. TOWN Generated 3/30/2023 Page 7 Southampton Town Board - Letter Board Meeting of March 28, 2023 The Town of Southampton and its employees, officers, or agents, including any agency, authority, board, bureau, commission, committee, council, department, or division of the Town created by law or by the Town Board or by the Town Supervisor, the expenses of which are paid in whole or in part from Town funds. UL RATING A reference to "Underwriters Laboratory," a commercial agency that certifies the maximum safe wattage for fixtures and other electrical devices. A UL label indicating the maximum safe wattage is affixed or imprinted on all light fixtures which are offered for sale. UNIFORMITY RATIO A ratio that describes uniformity of illuminance across an area. The uniformity ratio may be a ratio of the maximum to minimum illuminance or the average to minimum illuminance. UNSHIELDED A fixture designed or installed so that it is not fully shielded, i.e., emits light above the lowest light-emitting part of the fixture. WATT The standard unit of measurement of electrical power. One watt is one ampere of current flowing at one volt. SECTION 3. Amendment. Section 330-342 of the Town Code is hereby amended at subsection B by deleting the stricken words and adding the underlined words as follows: § 330-342 Applicability. [Amended 7-14-2015 by L.L. No. 22-20151 A. New lighting. All outdoor lighting newly installed after the effective date of this article shall comply with its provisions. B. Preexisting lighting. All properties with legally existing and operative outdoor lighting, as evidenced by a valid electrical permit, at the effective date of this article shall be exempt from compliance, subject to the provisions below, but for requirements that such lights be fully shielded. (1) Any outdoor lighting fixture that is replaced, changed, repaired, or relocated, in whole or in part, after the effective date of this article shall comply with its provisions. (2) Nonresidential lighting. (a) Subsequent to the effective date of this article, any addition or expansion (whether single or cumulative) that is made to a nonresidential property, whereby lot coverage or floor area is increased by 25% or more, shall subject said nonresidential property to the provisions of this article for the entire property, including previously installed and any new outdoor lighting. (b) Subsequent to the effective date of this article, any addition or expansion (whether single or cumulative) that is made to an existing nonresidential property encompassing at least 4,000 square feet of development (including a commercial center or industrial park) prior to expansion, whereby lot coverage or floor area is increased by 25% or more, shall subject said nonresidential property to the provisions of this article for the entire property, Generated 3/30/2023 Page 8 Southampton Town Board - Letter Board Meeting of March 28, 2023 including previously installed and any new outdoor lighting. (3) Residential lighting. Subsequent to the effective date of this article, any addition or expansion (whether single or cumulative) that is made to a residential property, whereby lot coverage or floor area is increased by 25% or more, shall subject said residential property to the provisions of this article for the entire property, including previously installed and any new outdoor lighting. (4) Nuisance lighting. The exemption shall not apply if the Town determines that certain outdoor lighting creates nuisance lighting as defined in § 330-341 If the Town determines, that nuisance lighting exists on a property causing loss of enjoyment, comfort, or repose, that lighting shall comply with Subsection B(5) below, in accordance with the procedures outlined in § 330-348B . (a) Light trespass shall be considered nuisance lighting when: [1] Illuminance at or beyond a property line abutting a residential parcel, nature preserve, or waterway exceeds 0.05 footcandle as measurable from any orientation of the measuring device; or [2] Illuminance at or beyond a property line abutting a nonresidential property or public right-of-way exceeds 0.1 footcandle as measurable from any orientation of the measuring device; or (b) Glare light shall be considered nuisance lighting when a light source is seen from a neighboring property or roadway at sufficient intensity to cause discomfort, annoyance, or impaired visibility. (c) Light shall be considered nuisance when such light is illuminating the interior of a neighboring residential structure from an external point. SECTION 4. Amendment. Section 330-343 of the Town Code is hereby amended at subsection B by deleting the stricken words and adding the underlined words as follows: B. Prohibited outdoor lighting. The following outdoor lighting shall not be permitted within the Town as of the effective date of this article, except as exempt above: (5) Neon lights, except as legally permitted by the Town of Southampton. SECTION S. Amendment. Section 330-345 of the Town Code is hereby amended at subsection B by deleting the stricken words and adding the underlined words as follows: B. Shielding. All outdoor lighting fixtures shall be fully shielded and aimed straight downward, with the following exceptions: (1) Outdoor lighting fixtures with total light output of X GO 600 lumens or less (69 40 watts incandescent equivalent or less) are exempt from the shielding and aiming requirement above. SECTION 6. Amendment. Generated 3/30/2023 Page 9 Southampton Town Board - Letter Board Meeting of March 28, 2023 Section 330-345 of the Town Code is hereby amended at subsection E by deleting the stricken words and adding the underlined words as follows: § 330-345 Residential lighting standards. E. Hours of operation. Automated shutoff controls for outdoor lighting are encouraged to conserve energy, to extinguish lighting that is not needed for safety, and to alleviate nuisance lighting. (1) Nonessential outdoor lighting shall not remain on continuously from 12:00 ^':a.,"d h 10:00pm until dawn. (2) Essential outdoor lighting sufficient for security purposes may be in operation continuously from 10:00pm until dawn, provided that illumination on the ground or on any vertical surface is not greater than 0.5 footcandle. SECTION 7. Amendment. Section 330-346 of the Town Code is hereby amended at subsection F by deleting the stricken words and adding the underlined words as follows: § 330-346 Nonresidential Lighting Standards. E. Hours of Operation. (1) Nonessential outdoor lighting shall not remain on continuously from 12:00 midni^4�10:00pm until dawn. SECTION S. Authority. This amendment is enacted pursuant to.New York State Town Law §274-a and §274-b, and Municipal Home Rule Law §10. SECTION 9. 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.10. 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 shall forward 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 and directed to publish the following Notice of Public Hearing: t Generated 3/30/2023 Page 10 Southampton Town Board - Letter Board Meeting of March 28, 2023 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 Tuesday, April 25, 2023, at 6:00 p.m., both in-person, at Southampton Town Hall, 116 Hampton Road, Southampton, New York, and via videoconferencing, to hear any and all persons either for or against a local law entitled: "A LOCAL LAW amending various sections of Town Code chapter 330-340 through 330-346 in order to enhance enforcement of`Dark Sky" laws"; and take FURTHER NOTICE, that, pursuant to Local Law No. 14 of 2022, the public will have an opportunity to see and hear the meeting live both in-person as well. as via videoconferencing, and to provide comments in either format, with a transcript provided upon request. If participating via videoconferencing, the public can watch the live meeting online from either the Town of Southampton website on the Town Clerk's Meeting Portal, 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: town clerkCabsouthamptontownny.gov. Please continue to check the Town Clerk's website and Meeting Portal as the hearing date approaches for any updated information, including the specific meeting Zoom link, and/or more detailed instructions on how to access the meeting virtually. Summary of Proposed Law This proposed local law seeks to enhance enforcement ability of the body of law known as "Dark Sky" law in order to protect the health, safety and welfare of the general public, conserve valuable energy resources, prevent light trespass from interfering with our quality of life, protect our ecological and natural resources, and preserve the ability to view the celestial features of the night sky for present and future generations. Copies of the proposed local law, sponsored Councilwoman McNamara, 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: Cynthia McNamara, Councilwoman SECONDER: John Bouvier, Councilman AYES: Schneiderman, McNamara, Martel, Bouvier, Schiavoni Generated 3/30/2023 Page 11 Southampton Town Board Sundy A Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 Fax: (631) 283-5606 April 13, 2023 Honorable Denis Noncarrow Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Denis Noncarrow: 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 11, 2023 1:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2023-565 Adopted \[Unanimous\] Notice of Public Hearing to Consider a Change of Zone from R-80 to Agricultural Conservation and to Consider Acceptance of an Agricultural Conservation District Easement for Property located at 50 Job’s Lane, Bridgehampton (SCTM 900-134-1-55) with Corresponding Amendment to the Zoning Map Town Board Resolution RES-2023-566 Adopted \[Unanimous\] Resolution Setting a Public Hearing to Consider Amending Town Code Section §330-77 to Increase the Permitted Required Rear Yard Lot Coverage Percentage Sincerely Yours, Sundy A Schermeyer Town Clerk Generated 4/13/2023 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 13, 2023 Honorable Denis Noncarrow Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Denis Noncarrow: Please be advised that the Town Board, at a meeting held on April 11, 2023 1:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2023-565 Adopted \[Unanimous\] Notice of Public Hearing to Consider a Change of Zone from R-80 to Agricultural Conservation and to Consider Acceptance of an Agricultural Conservation District Easement for Property located at 50 Job’s Lane, Bridgehampton (SCTM 900-134-1-55) with Corresponding Amendment to the Zoning Map Town Board Resolution RES-2023-566 Adopted \[Unanimous\] Resolution Setting a Public Hearing to Consider Amending Town Code Section §330-77 to Increase the Permitted Required Rear Yard Lot Coverage Percentage Sincerely Yours, Sundy A Schermeyer Town Clerk Generated 4/13/2023 Page 1 Southampton Town Board - Letter Board Meeting of April 11, 2023 TOWN BOARD RESOLUTION 2023-565 Item # 8.50 ADOPTED DOC ID: 40431 Notice of Public Hearing to Consider a Change of Zone from R- 80 to Agricultural Conservation and to Consider Acceptance of an Agricultural Conservation District Easement for Property located at 50 Job’s Lane, Bridgehampton (SCTM 900-134-1-55) with Corresponding Amendment to the Zoning Map WHEREAS, the Town of Southampton Department of Land Management received an application pursuant to Town Code Article X.1, §§330-51.1-51.3, (Agricultural Conservation District) from Fox Tail Farm, LP (Stacy Ludlow and Arthur Ludlow) owner of an approximate 34.7 acre property, in agricultural use within the Town’s Agricultural Overlay District and located at 50 Job’s Lane, Bridgehampton, NY, further identified as Suffolk County Tax Parcel 900-134-1-55, for a change of zone for said property from R-80 to Agricultural Conservation (AC); and WHEREAS, the subject property is more specifically located at the southwest corner of the intersection of Job’s Lane and Mecox Road, having approximately 1,812 linear feet of frontage on Mecox Road, and approximately 820 linear feet of frontage on Job’s Lane; and WHEREAS, the subject property meets the following criteria for consideration of the requested zone change: 1. single or contiguous tax parcel/s having a combined area of at least 7 acres; 2. location in the Agricultural Overlay District; 3. location in the CR/R 40, 60, 80, 120 and 200 residential zoning districts; and 4. currently in agricultural use, with the intention to continue said use. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on Tuesday, May 9, 2023, at 1:00 p.m., both in-person, at Southampton Town Hall, 116 Hampton Road, Southampton, New York, and via videoconferencing, to hear any and all persons either for or against the acceptance of an Agricultural Conservation District Easement and a local law entitled: “A LOCAL LAW to change the zoning classification for an approximately 34.7 acre agricultural property, located at 50 Job’s Lane, Bridgehampton, NY, further identified as Suffolk County Tax Parcel 900-134-1-55, from R-80 to Agricultural Conservation (AC), with a corresponding amendment to the Zoning Map of the Town of Southampton, pursuant to Town Code Article X.1, §§330-51.1-51.3, (Agricultural Conservation District), which provides as follows: LOCAL LAW NO. ____ OF 2023 A LOCAL LAW to change the zoning classification for an approximately 34.7 acre agricultural property, located at 50 Job’s Lane, Bridgehampton, NY, further identified as Suffolk County Tax Parcel 900-134-1-55, from R-80 to Agricultural Conservation (AC), with a corresponding amendment to the Zoning Map of the Town of Southampton, pursuant to Town Code Article X.1, §§330-51.1-51.3 (Agricultural Conservation District). BE IT ENACTED by the Town Board of the Town of Southampton as follows: Generated 4/13/2023 Page 2 Southampton Town Board - Letter Board Meeting of April 11, 2023 SECTION 1. Legislative Intent. This Local Law is intended to implement the goals and objectives of the Agricultural Conservation District (the “ACD”), pursuant to Town Code Article X.1, §§330-51.1-51.3, the objective of which is to encourage the protection of farming and the business of farming in the Town of Southampton by balancing the impact of regulatory mechanisms, such as zoning, against the farm owner’s ability to maintain equity in a farm operation. (Town Code §330-51.1(A)). Under the ACD, the farm owner and the Town enter into an Agricultural Conservation District Easement (the “Easement”), by which the land is limited to agricultural production, as same is defined by § 301 of the New York State Agriculture and Markets Law, for a minimum term of 10 years, or until such time thereafter that the Easement is terminated by the property owner. During the time that the Easement remains in effect, the property is zoned Agricultural Conservation (AC), and the landowner is granted a specific subdivision yield, development right allocation, and an agricultural open space set-aside percentage, which are all specified within the Easement. During the term of said Easement, the Town and/or the landowner may explore a number of development/preservation options, outlined in Town Code §330-51.1(D), including the: 1. Town purchase of development rights; 2. Town acquisition of the property in its entirety, or a portion thereof; 3. Sale/Transfer of development rights for off-site use; or 4. Limited development of the property as a Conservation Opportunities Subdivision. SECTION 2. Amendment. Chapter 330 of the Town Code (Zoning Map) is hereby amended by changing the zoning classification, from R-80 to Agricultural Conservation (AC), for an approximately 34.7 acre agricultural property, located at 50 Job’s Lane, Bridgehampton, NY, further identified as Suffolk County Tax Parcel 900-134-1-55, with a corresponding amendment to the Zoning Map of the Town of Southampton, as indicated on the following map. Generated 4/13/2023 Page 3 Southampton Town Board - Letter Board Meeting of April 11, 2023 SECTION 3. Authority. The Town Board may adopt local laws providing for zoning map amendments pursuant to New York State 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, sentence or provision of this law, now or through supplementation, shall be adjudged by any court of competent jurisdiction to be invalid or held unconstitutional, any judgment made thereby shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the section, subsection, paragraph, clause, phrase, sentence 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 forward a copy of this proposed local law to the Southampton Town Planning Board, and the Suffolk County Planning Commission, for their review and recommendations; and be it further Generated 4/13/2023 Page 4 Southampton Town Board - Letter Board Meeting of April 11, 2023 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 Tuesday, May 9, 2023, at 1:00 p.m., both in-person, at Southampton Town Hall, 116 Hampton Road, Southampton, New York, and via videoconferencing, to hear any and all persons either for or against the acceptance of an Agricultural Conservation District Easement and a local law entitled: “A LOCAL LAW to change the zoning classification for an approximately 34.7 acre agricultural property, located at 50 Job’s Lane, Bridgehampton, NY, further identified as Suffolk County Tax Parcel 900-134-1-55, from R-80 to Agricultural Conservation (AC), with a corresponding amendment to the Zoning Map of the Town of Southampton, pursuant to Town Code Article X.1, §§330-51.1-51.3 (Agricultural Conservation District); and take FURTHER NOTICE, that, pursuant to Local Law No. 14 of 2022, the public will have an opportunity to see and hear the meeting live both in-person as well as via videoconferencing, and to provide comments in either format, with a transcript provided upon request. If participating via videoconferencing, the public can watch the live meeting online from either the Town of Southampton website on the Town Clerk’s Meeting Portal, 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. Please continue to check the Town Clerk’s website and Meeting Portal as the hearing date approaches for any updated information, including the specific meeting Zoom link, and/or more detailed instructions on how to access the meeting virtually. Summary of Proposed Local Law This Local Law proposes changing the zoning classification of a single agricultural property consisting of approximately 34.7 acres, from R-80 to Agricultural Conservation, subject to the acceptance of an Agricultural Conservation District Easement setting forth the specific terms and conditions for the preservation of the agricultural use of the property, and any future subdivision. Copies of the proposed law, sponsored by Councilman Bouvier and Councilwoman McNamara, 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 4/13/2023 Page 5 Southampton Town Board - Letter Board Meeting of April 11, 2023 RESULT: ADOPTED \[UNANIMOUS\] MOVER: Cynthia McNamara, Councilwoman SECONDER: John Bouvier, Councilman AYES: Schneiderman, McNamara, Martel, Bouvier, Schiavoni Generated 4/13/2023 Page 6 Southampton Town Board - Letter Board Meeting of April 11, 2023 TOWN BOARD RESOLUTION 2023-566 Item # 8.51 ADOPTED DOC ID: 42897 Resolution Setting a Public Hearing to Consider Amending Town Code Section §330-77 to Increase the Permitted Required Rear Yard Lot Coverage Percentage RESOLVED, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on May 9, 2023, at 1:00 p.m., both in-person, at Southampton Town Hall, 116 Hampton Road, Southampton, New York, and via videoconferencing, to hear any and all persons either for against a local law entitled, “A LOCAL LAW amending Town Code §330-77 to increase the permitted required rear yard lot coverage percentage for accessory buildings and structures in residence districts,” which provides as follows: LOCAL LAW NO. OF 2023 A LOCAL LAW amending Town Code §330-77 to increase the permitted required rear yard lot coverage percentage for accessory buildings and structures in residence districts. BE IT ENACTED by the Town Board of the Town of Southampton as follows: SECTION 1. Legislative Intent Currently, not only does the Town Code limit the placement of accessory buildings and/or structures, but it also only allows 20% of the required rear yard for a main or principal building to be covered by such buildings and structures. This calculation factors in all accessory buildings and structures including, but not limited to, pools, tennis courts, and decks and patios greater than 12 inches above grade. In an effort to encourage the placement of such accessory buildings/structures in the required rear yard in conforming locations rather than to cause property owners to seek side yard variances, this amendment proposes to increase the permitted percentage of rear yard lot coverage. SECTION 2. Amendment. Town Code §330-77 is hereby amended by adding those words that are underlined and to deleting those words that are stricken through as follows: §330-77. Placement of accessory buildings, structures and uses in residence districts. D. Accessory buildings and/or structures to be located or constructed in any residential zone in the required rear yard for a main or principal building shall not occupy more than 20 50% of such required rear yard, except for the area of the footprint associated with a ground-mount energy system having a minimum output of five kilowatts and decks and patios within 12 inches of grade. The total lot coverage shall not exceed the maximum lot coverage provided in §330-11. Generated 4/13/2023 Page 7 Southampton Town Board - Letter Board Meeting of April 11, 2023 SECTION 3. Authority. The proposed local law is enacted pursuant to Town Law Article 16, as well as Municipal Home Rule Law §§10(1)(ii)(a)(11) and (12) SECTION 4. Severability. If any clause, sentence, paragraph, or part of this local law, or the application thereof to any person, firm, or corporation, or circumstance, shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law, or in its application to the person, individual, firm, or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. SECTION 5. Effective Date. This local law shall take effect immediately upon filing with the Secretary of State pursuant to Municipal Home Rule Law. AND BE IT 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 and post 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 Tuesday, May 9, 2023, at 1:00 p.m., both in-person, at Southampton Town Hall, 116 Hampton Road, Southampton, New York, and via videoconferencing, to hear any and all persons either for against a local law entitled, “A LOCAL LAW amending Town Code §330-77 to increase the permitted required rear yard lot coverage percentage for accessory buildings and structures in residence districts”; and take FURTHER NOTICE that, pursuant to Local Law No. 14 of 2022, the public will have an opportunity to see and hear the meeting live both in-person as well as via videoconferencing, and to provide comments in either format, with a transcript provided upon request. If participating via videoconferencing, the public can watch the live meeting online from either the Town of Southampton website on the Town Clerk’s Meeting Portal, 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 any updated information, including the specific meeting Zoom link, and/or more detailed instructions on how to access the meeting virtually. Generated 4/13/2023 Page 8 Southampton Town Board - Letter Board Meeting of April 11, 2023 Summary of Proposed Law The purpose of this local law is to increase the permitted required rear yard lot coverage percentage for accessory buildings and structures in residence districts. Copies of this 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: Tommy John Schiavoni, Councilman AYES: Schneiderman, McNamara, Martel, Bouvier, Schiavoni Generated 4/13/2023 Page 9 160 'sa Southampton Town Board w Sundy A Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 Fax: (631) 283-5606 P 56f:!II:Y�1Crtsl April 13, 2023 Honorable Denis Noncarrow Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Denis Noncarrow: Responding to this le er will serve as an acknowledgement of receipt of the attached copies of resolutions ad ed y the outhampton Town Board. Please sign this letter and return it to the Town erks f' e a standard mail, by fax at 631-283-5606 or you may scan and email it bac to to cl lc4outhamptontownny.ciov. Signature: Date: Please be advised that the Town Board, at a meeting held n April 11, 2023 1:00 PM, reviewed the following resolution(s): Town Board Resolution. RES-2023-565 Adopted [Unanimous] Notice of Public Hearing to Consider a Change of Zone from R-80 to Agricultural Conservation and to Consider Acceptance of an Agricultural Conservation District Easement for Property located at 50 Job's Lane, Bridgehampton (SCTM 900-134-1-55) with Corresponding Amendment to the Zoning Map Town Board Resolution RES-2023-566 Adopted [Unanimous] Resolution Setting a Public Hearing to Consider Amending Town Code Section §330-77 to Increase the Permitted Required Rear Yard Lot Coverage Percentage Sincerely Yours, � � K 5c�� Sundy A Schermeyer Town Clerk Generated 4/13/2023 Page 1 �nU'+It,T LY�L 1610 'i Southampton Town Board `v M1 W Sundy A Schermeyer Town Clerk 116 Hampton Road w Telephone: (631) 287-5740 Southampton, NY 11968 �y;. E; ';;V Fax: (631) 283-5606 F .i SQCI"IIA�1Ql0 _ April , 2023 I���II���III�I1�111�1�1�111�1111 Honorable Denis Noncarrow Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Denis Noncarrow: Please be advised that the Town Board, at a meeting held on April 11, 2023 1:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2023-565 Adopted [Unanimous] Notice of Public Hearing to Consider a Change of Zone from R-80 to Agricultural Conservation and to Consider Acceptance of an Agricultural Conservation District Easement for Property located at 50 Job's Lane, Bridgehampton (SCTM 900-134-1-55) with Corresponding Amendment to the Zoning Map Town Board Resolution RES-2023-566 Adopted [Unanimous] Resolution Setting a Public Hearing to Consider Amending Town Code Section §330-77 to Increase the Permitted Required Rear Yard Lot Coverage Percentage Sincerely Yours, Sundy A Schermeyer Town Clerk Generated 4/13/2023 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 27, 2023 Honorable Denis Noncarrow Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Denis Noncarrow: 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 25, 2023 6:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2023-630 Adopted \[Unanimous\] Coordinate Lead Agency for a Supplemental Generic Environmental Impact Statement (SGEIS) for the siting and construction of a Community Sewage Treatment Plant (STP) in the Hamlet of Riverside Sincerely Yours, Sundy A Schermeyer Town Clerk Generated 4/27/2023 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 27, 2023 Honorable Denis Noncarrow Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Denis Noncarrow: Please be advised that the Town Board, at a meeting held on April 25, 2023 6:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2023-630 Adopted \[Unanimous\] Coordinate Lead Agency for a Supplemental Generic Environmental Impact Statement (SGEIS) for the siting and construction of a Community Sewage Treatment Plant (STP) in the Hamlet of Riverside Sincerely Yours, Sundy A Schermeyer Town Clerk Generated 4/27/2023 Page 1 Southampton Town Board - Letter Board Meeting of April 25, 2023 TOWN BOARD RESOLUTION 2023-630 Item # 7.59 ADOPTED DOC ID: 43157 Coordinate Lead Agency for a Supplemental Generic Environmental Impact Statement (SGEIS) for the siting and construction of a Community Sewage Treatment Plant (STP) in the Hamlet of Riverside WHEREAS, in 2015 following public hearings and the preparation of a Generic EIS in accordance with Section 617.10 of 6 NYCRR (SEQRA), the Southampton Town Board as Lead Agency by resolution 2015-1227 accepted the Final GEIS and filed A Notice of Completion for Publication in the Environmental Notice Bulletin (ENB) as prescribed in SEQRA (6 NYCRR) Section § 617.12; and WHEREAS, subsequently the Riverside Overlay District (ROD) Zoning Amendments were adopted into Chapter 330 of the Town Code of the Town of Southampton; and WHEREAS, as identified in the GEIS, in order to implement the zoning and realize the development plan for Riverside, the construction of a Sewage Treatment Plant (STP) and creation of a Capital Improvement/Sewer District is necessary; and WHEREAS, in anticipation of this, the Town of Southampton has worked with New York State's Environmental Facilities Corporation (EFC) to evaluate an Engineering Report that is required in order to formulate a sewer district to identify and describe information including but not limited to the specific details of the siting and design details for the plant, pump stations, wells, clearing of land, infrastructure plan and required easements and economic considerations; and WHEREAS, the original GEIS did not contain the specific details of the required STP as denoted above since the Town has been acquiring multiple parcels for this purpose, therefore the Town Board has determined that a Supplemental Generic Environmental Impact Statement (SGEIS) is needed and since there are several additional agencies with oversight such as the NYS Pine Barrens Joint Planning Commission and the NYSDEC, the Town Board is re-coordinating Lead Agency pursuant to SEQRA; and WHEREAS, the following are involved agencies: 1. New York State Department of Environmental Conservation-Region 1 (SPDES, STP Design, Permitting) Attn: Susan Ackerman 50 Circle Road Stony Brook, New York 11790-3409 2. Central Pine Barrens Joint Planning & Policy Commission (CGA) Attn: Judy Jacobson, Executive Director 624 Old Riverhead Road Westhampton Beach, New York 11978 3. New York State Environmental Facilities Corporation (Funding) Attn: Harry Nelson, P.E. Manager, Metro and Eastern Projects Generated 4/27/2023 Page 2 Southampton Town Board - Letter Board Meeting of April 25, 2023 625 Broadway, Albany, New York 12207-2997 Harry.Nelson@efc.ny.gov 4. New York State Department of Transportation (Mains, pump station easement) Region 10, Office of Right of Way Perry B. Duryea, Jr. State Office Building 250 Veterans Memorial Highway Hauppauge, NY 11788 Attn: Michael Librizzi Real Estate Acquisition, Surplus Property, Property management 5. New York State Comptroller (Sewer district formation) Attn: Michael Caplice, Long Island Regional Director Office of Intergovernmental & Community Affairs State Office Building, Suite 4A-8A 250 Veterans Memorial Highway Hauppauge, NY 11788 6. Suffolk County Department of Health Services (Sewer connections) Chief Craig Knepper, P.E., Office of Wastewater Management 335 Yaphank Avenue Yaphank, New York 11980 7. Suffolk County Department of Public Works (Mains along County Roads, Individual sewer connections) William Hillman, P.E., Chief Engineer 335 Yaphank Avenue Yaphank, NY 11980 8. Suffolk County Water Authority 4060 Sunrise Highway Oakdale, NY 11769 9. Suffolk County Sewer Agency Joseph Brown, P.E., Commissioner of Public Works and Sewer Agency Chair 335 Yaphank Avenue Yaphank, NY 11980 10. PSEG Long Island (electrical demand) 117 Doctors Path Riverhead, NY 11901 Attn: Chris Hawks 11. National Grid Environmental Department 175 East Old Country Road Hicksville, NY 11801 Attn: Cathy Waxman, Environmental Engineer 12. Southampton Town Planning Board (STP Site plan approval) Attn: Jacqui Lofaro, Chair 13. Southampton Town Building Department (STP Building Permits) Attn: Sean McDermott, Chief Building Inspector 14. Southampton Town Highway Department (Mains along Town Roads) Generated 4/27/2023 Page 3 Southampton Town Board - Letter Board Meeting of April 25, 2023 Attn: Charles McArdle, Superintendent 15. Southampton Town Engineering Department Attn: Thomas Houghton, P.E., Town Engineer WHEREAS, the following are identified as interested agencies: 1. FRNCA c/o Angela Huneault P.O. Box 602 Riverhead, NY 11901 2. Peconic Estuary Partnership Attn: Joyce Novak, PhD, Executive Director 300 Center Drive Room 250S, Riverhead NY 11901 3. Town of Riverhead Attn: Dawn Thomas, Esq., Community Development Director 200 Howell Avenue, Riverhead NY 11901 4. Riverhead Central School District Attn: Dr. Augustine E. Tornatore, Superintendent of Schools 814 Harrison Avenue Riverhead, New York 11901 NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Southampton hereby coordinates lead agency status and directs the Town Clerk to forward the Environmental Assessment Form (EAF) Part I to all involved agencies for the purposes of determining Lead Agency for the Supplemental SEQRA review; and be it further RESOLVED, the Town Board hereby refers this SEQRA matter to the Suffolk County Planning Commission pursuant to General Municipal Law and authorizes the Department of Land Management to upload a copy of the proposal as per the County requirements via Plannin.ugpi9cmyw7vg0oku@u.box.com Financial Impact: None RESULT: ADOPTED \[UNANIMOUS\] MOVER: Jay Schneiderman, Supervisor SECONDER: Tommy John Schiavoni, Councilman AYES: Schneiderman, McNamara, Martel, Bouvier, Schiavoni Generated 4/27/2023 Page 4 i Irao. Southampton Town Board ;' Suindy A Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 �'�, °�, Fax: (631) 283-5606 SOOTIIAM September 28, 2023 Honorable Denis Noncarrow Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Denis Noncarrow: Responding to thisI er will serve as an acknowledgement of receipt of the attached copies of resolutions adop a by the Southampton Town Board. Please sign this letter and return it to the Town Cle s Officei a standard mail, by fax at 631-283-5606 or you may scan and email it back t w cl outham tontownn ov. Signature: Date: Please be advised that the Town Board, at a meeting held on September 26, 2023 6:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2023-1127 Adopted [Unanimous] Notice of Public Hearing to Consider a Change in Nonconforming Use at 424 North Sea Road, North Sea Sincerely Yours, �- 5dAA' Sundy A Schermeyer Town Clerk Generated 9/28/2023 Page 1 r rnrr..rh>q Southampton Town Board ; ,., Sundy A Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 �'�ti .. y�T Fax: (631) 283-5606 Op � September 28, 2023 Honorable Denis Noncarrow Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Denis Noncarrow: Please be advised that the Town Board, at a meeting held on September 26, 2023 6:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2023-1127 Adopted [Unanimous] Notice of Public Hearing to Consider a Change in Nonconforming Use at 424 North Sea Road, North Sea Sincerely Yours, Sundy A Schermeyer Town Clerk Generated 9/28/2023 Page 1 Southampton Town Board - Letter Board Meeting of September 26, 2023 TOWN BOARD RESOLUTION 2023-1127 Item#7.57 ADOPTED DOC ID: 44291 Notice of Public' Hearing to Consider a Change in Nonconforming Use at 424 North Sea Road North Sea WHEREAS, the Town Board has received an application for a change in a nonconforming use pursuant to Town Code §330-185.1, for that certain parcel located at 424 North Sea Road, in the hamlet of North Sea, County of Suffolk, and State of New York, further identified on the Suffolk County Tax Map as No. 900-159-1-3; and WHEREAS, the Department of Land Management has reviewed said application and has determined that it complies with the submission requirements and review criteria of Town Code §330-185(D); now therefore, be it RESOLVED, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on Tuesday, October 24, 2023, at 6:00 p.m., both in-person, at Southampton Town Hall, 116 Hampton Road, Southampton, New York, and via videoconferencing, to hear any and all persons either for or against an application to approve a change in a nonconforming use pursuant to Town Code §330-185.1 for that certain parcel located at 424 North Sea Road, in the hamlet of;Shinnecock Hills, County of Suffolk, and State of New York, further identified on the Suffolk County Tax Map as No. 900-159-1-3, for a change from Special Trade Contractor for Plumbing and Electrician, to a Sign Company (Hampton Signs) also categorized as "Special Trade Contractor" in the Business Districts Table of Use Regulations and to further allow future tenancy changes under this category; and be it further RESOLVED, that the Town Clerk is hereby authorized and directed to forward a copy of said application to the Southampton Town Planning Board, and the Suffolk County Planning Commission, for its report and recommendation; and be it further RESOLVED, that the Town Clerk is hereby authorized and directed to post and publish the following Notice of 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 Tuesday, 'October 24, 2023, at 6:00 p.m., both in-person, at Southampton Town Hall, 116 Hampton Road, Southampton, New York, and via videoconferencing, to hear any and all persons either for or against an application to approve a change in a nonconforming use pursuant to Town Code §330-185.1 for that certain parcel located at certain parcel located at 424 North Sea Road, in the hamlet of Shinnecock Hills, County of Suffolk, and State of New York, further identified on the Suffolk County Tax Map as No. 900-159-1-3, for a change from previously ZBA approved storage, sale and repair of small garden equipment', to a Sign Company (Hampton Signs) categorized as "Special Trade Contractor" in the Business Districts Table of Use Regulations and to further allow future tenancy changes under this category; and take FURTHER NOTICE that, pursuant to Local Law No. 14 of 2022, the public will have an opportunity to see and hear the meeting live both in-person as well as via videoconferencing, and to provide comments in either format, with a transcript provided upon request. Generated 9/28/2023 Page 2 Southampton Town Board - Letter Board Meeting of September 26, 2023 If participating via videoconferencing, the public can watch the live meeting online from either the Town of Southampton website on the Town Clerk's Meeting Portal 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(a)southamptontownn r gov <mai Ito:townclerkCcbsouthamptontownny.gov>. Please continue to check the Town Clerk's website and Meeting Portal as the hearing date approaches for any updated information, including the specific meeting Zoom link, and/or more detailed instructions on how to access the meeting virtually. 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: Cynthia McNamara, Councilwoman AYES: Schneiderman, McNamara, Martel, Bouvier, Schiavoni 1 Generated 9/28/2023 Page 3 0,111 ` 1640 Southampton Town Board Sundy A Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 Fax: (631) 283-5606 !`1ryC Ink VIC October 12, 2023 Honorable Denis Noncarrow Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Denis Noncarrow: 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@southamntontownnv.aov. Signature: Date: Please be advised that the Town Board, at a meeting held on October 10, 2023 1:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2023-1187 Adopted [Unanimous] Notice of Public Hearing Regarding the Lease of Town Land for the Purpose of the Design, Construction, and Management of a Wireless Communications Structure Sincerely Yours, <--� K5c � Sundy A Schermeyer Town Clerk Generated 10/12/2023 Page 1 0,111 ` 1640 Southampton Town Board Sundy A Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 Fax: (631) 283-5606 !`1ryC Ink VIC c o er 12, 202-1 Honorable Denis Noncarrow Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Denis Noncarrow: Please be advised that the Town Board, at a meeting held on October 10, 2023 1:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2023-1187 Adopted [Unanimous] Notice of Public Hearing Regarding the Lease of Town Land for the Purpose of the Design, Construction, and Management of a Wireless Communications Structure Sincerely Yours, Sundy A Schermeyer Town Clerk Generated 10/12/2023 Page 1 Southampton Town Board - Letter Board Meeting of October 10, 2023 TOWN BOARD RESOLUTION 2023-1187 Item#7.47 ADOPTED DOC ID:44421 Notice of Public Hearing Regarding the Lease of Town Land for the Purpose of the Design, Construction, and Management of a Wireless Communications Structure WHEREAS, certain areas within the Town of Southampton continue to suffer from cell phone service gaps due to the limited infrastructure available to fulfill the capacity needs of cell phone users in these areas; and WHEREAS, one such area is the community of Hampton Bays; and WHEREAS, the Town of Southampton has identified some publicly-owned properties that are considered opportunity areas as per the Town Code; and WHEREAS, one such area is the Shinnecock Commercial Fishing Dock located at 333 Beach Road, Hampton Bays, NY 11946, Suffolk County Tax Map Number 900-364-1-2; and WHEREAS, the Town of Southampton wishes to construct a wireless communications structure at the aforementioned location; and WHEREAS, to that end, the Town of Southampton put out a Request for Proposals for the aforementioned Tower; and WHEREAS, Towerpoint Capital, LLC responded with a proposal to build a wireless communications structure at the Shinnecock Commercial Fishing Dock; and WHEREAS, the Town is considering Towerpoint Capital, LLC's proposal; NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on October 24, 2023 at 6:00 p.m., both in-person, at Southampton Town Hall, 116 Hampton Road, Southampton, New York, and via videoconferencing, to hear any and all persons either for or against the lease of Town land for the construction of a wireless communications structure at the Shinnecock Commercial Fishing Dock; and be it further RESOLVED, that the Town Clerk is 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 Tuesday, October 24, 2023 at 6:00 p.m. both in-person, at Southampton Town Hall, 116 Hampton Road, Southampton, New York, and via videoconferencing, to hear any and all persons either for or against the lease of Town land for the purpose of building a wireless communications structure at the Shinnecock Commercial Fishing Dock, located at 333 Beach Road, Hampton Bays, NY 11946; and take FURTHER NOTICE that, pursuant to Local Law No. 14 of 2022, the public will have an opportunity to see and hear the meeting live both in-person as well as via Generated 10/12/2023 Page 2 Southampton Town Board - Letter Board Meeting of October 10, 2023 videoconferencing, and to provide comments in either format, with a transcript provided upon request. If participating via videoconferencing, the public can watch the live meeting online from either the Town of Southampton website on the Town Clerk's Meeting Portal 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: to irn_c;p_ .irk,C�.sir.u.tlh .irnptontowninyoggy Please continue to check the Town Clerk's website and Meeting Portal as the hearing date approaches for any updated information, including the specific meeting Zoom link, and/or more detailed instructions on how to access the meeting virtually. BY ORDER OF THE TOWN BOARD TOWN OF SOUTHAMPTON, NEW YORK SUNDY A. SCHERMEYER, TOWN CLERK Financial Impact: None to the Town; lease will provide monthly rent payments to the Town. RESULT: ADOPTED [UNANIMOUS] MOVER: Jay Schneiderman, Supervisor SECONDER: Cynthia McNamara, Councilwoman AYES: Schneiderman, McNamara, Martel, Bouvier, Schiavoni Generated 10/12/2023 Page 3 0,111 ` 1640 Southampton Town Board Sundy A Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 Fax: (631) 283-5606 !`1ry1 Ink VIC October 12, 2023 Honorable Denis Noncarrow Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Denis Noncarrow: 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@southamntontownnv.aov. Signature: Date: Please be advised that the Town Board, at a meeting held on October 10, 2023 1:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2023-1189 Adopted [Unanimous] Notice of Public Hearing to Consider Amending Town Code §330-50, §330-51, and §330- 109 in Connection with the Permitting Process for Agricultural Fencing Sincerely Yours, <--� K5c � Sundy A Schermeyer Town Clerk Generated 10/12/2023 Page 1 0,111 ` 1640 Southampton Town Board Sundy A Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 Fax: (631) 283-5606 !`1ry1 Ink VIC c o er 12, 202-1 Honorable Denis Noncarrow Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Denis Noncarrow: Please be advised that the Town Board, at a meeting held on October 10, 2023 1:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2023-1189 Adopted [Unanimous] Notice of Public Hearing to Consider Amending Town Code §330-50, §330-51, and §330- 109 in Connection with the Permitting Process for Agricultural Fencing Sincerely Yours, Sundy A Schermeyer Town Clerk Generated 10/12/2023 Page 1 Southampton Town Board - Letter Board Meeting of October 10, 2023 TOWN BOARD RESOLUTION 2023-1189 Item#7.49 ADOPTED DOC ID:44424 Notice of Public Hearing to Consider Amending Town Code §330-50, §330-51, and §330-109 in Connection with the Permitting Process for Agricultural Fencing RESOLVED, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on November 28, 2023, at 6:00 p.m., both in-person, at Southampton Town Hall, 116 Hampton Road, Southampton, New York, and via videoconferencing, to hear any and all persons either for against a local law entitled, "A LOCAL LAW amending Town Code §330-50, §330-51 and §330-109 in connection with the permitting process for agricultural fencing," which provides as follows: LOCAL LAW NO. OF 2023 A LOCAL LAW amending Town Code §330-50, §330-51 and Town Code 330-109 in connection with the permitting process for agricultural fencing. BE IT ENACTED by the Town Board of the Town of Southampton as follows: SECTION 1. Legislative Intent This Code amendment intends to streamline and expedite the permitting process for applications for agricultural fencing by allowing the Town Planning & Development Administrator, instead of the Town Planning Board, to approve an increase in the permitted height of agricultural fencing up to eight feet on properties: (I) that are preserved by the transfer of development rights or by easement to the Town; or (ii) that are located in the Agricultural Overlay District; so long as certain criteria is met. Based on recommendations from the Agricultural Advisory Committee, a new category has also been added to allow such fencing, so long the same criteria has been met, on properties that are classified by the Town Assessor's Office as "agricultural" and provide the Property Record Card confirming such. SECTION 2. Amendment. Town Code §§330-50A and D are hereby amended by deleting the stricken words and adding the underlined words as follows: 330-50. Farmlands Preservation Program; sale of development rights. A. As used in this article, the following terms shall have the meanings indicated: PERMIT ADMINISTRATOR - A Fesodent of the Town of Southampton who is appointed by the Town BeaFd upon the advice and Fecengn9endatien of the AgFicultuFal AdviseFy Gengng tee—The Town Planning & Development Administrator or his/her designee. D. Erection of structures subsequent to transfer of development rights. No structures of any kind whatsoever shall be permitted to be erected or maintained, except for structures legally existing on the date of transfer, subsequent to the transfer of development rights to the Town, except as specifically set forth in this subsection. (1) Waiver letter. The Permit Administrator shall be empowered to authorize construction by the issuance of a waiver letter for the following specified items: Generated 10/12/2023 Page 2 Southampton Town Board - Letter Board Meeting of October 10, 2023 (a) Repair of structures lawfully existing as of the date of transfer. (b) Installation of fences, irrigation wells and pumps and structures for the storage of feed, fertilizer, harvested crops, fuel or machinery. The Permit Administrator may approve an increase in the permitted height of a fence located in any front, side or rear yard in order to protect agricultural crops from damage due to deer so long as: (I) the maximum height does not exceed eight feet; (ii) the subject property is currently in agricultural production; (iii) the applicant can demonstrate that an economic loss will occur to agricultural crops without an increase in fencing height; (iv) alternatives to fencing that will reduce the economic loss of agricultural crops have been investigated; (v) alternative types and heights of fencing materials have been investigated; and (vi) the installation of the fencing will be accomplished in a manner to preserve and protect the visual and scenic resources of the Town. (c) Temporary use and structures in connection with an accessory farmstand, provided that such accessory farmstand complies with the provisions of §330-79.1 of this chapter. SECTION 3. Amendment. Town Code §330-51 is hereby amended by deleting the stricken words and adding the underlined words as follows: 330-S1. Farmlands Preservation Program; procedure for construction on lands preserved by easement or Suffolk County purchase. A. Acquisition of development rights or easements via subdivision or site plan procedure. No structures of any kind whatsoever shall be permitted to be erected or maintained on lands which have been preserved for agricultural purposes as a condition of subdivision or site plan approval by grant of easement, covenant, deed of development rights, lease or other property interest granted to the Town, except those structures that may be permitted by the Farmland Permit Administrator, Agricultural Advisory Committee and/or Planning Board pursuant to the same procedural requirements as set forth in §330-50D(l) and (2). B. Suffolk County purchase of development rights program. No structures, of any kind whatsoever shall be permitted to be erected or maintained on lands which have been preserved for agricultural purposes as a condition of the sale of development rights to the County of Suffolk, except those structures that may be permitted by the Suffolk County Farmland Committee and, if applicable, the Planning Board where special exception permission and/or site plan review is necessary. SECTION 4. Amendment. Town Code §330-109E is hereby amended by deleting the stricken words and adding the underlined words as follows: 330-109 Fences, walls, accessory driveway structures and clotheslines. E. Agricultural fencing. (1) Within all Country Residential (CR) and Residential (R) Zoning Districts, situated within the AgFicultuFal E)veF!ay DistFict, the Planning Be the Town Planning & Generated 10/12/2023 Page 3 Southampton Town Board - Letter Board Meeting of October 10, 2023 Development Administrator may approve an increase in the permitted height of a fence located in any front, side or rear yard in order to protect agricultural crops from damage due to deer. The maximum height of an agricultural fence approved by the Planning Be Town Planning and Development Administrator may not exceed eight feet. (2)The increase in permitted fence height shall be based on the following findings of the Planning BeaFd the Town Planning & Development Administrator: (a) The subject property is currently in agricultural production. (b) The applicant can demonstrate that an economic loss will occur to agricultural crops without an increase in fencing height. (c) Alternatives to fencing that will reduce the economic loss of agricultural crops have been investigated. (d) Alternative types and heights of fencing materials have been investigated. (e) The installation of the fencing will be accomplished in a manner to preserve and protect the visual and scenic resources of the Town. (f) If the property is located outside of the Agricultural Overlay District, the applicant must provide a copy of the Property Record Card confirming that it is classified as lagricultural" property. (3) An application to install agricultural fencing that exceeds the permitted height shall be in the form of a building permit application submitted to the Town's Building Inspector. The application shall include a plan of the property accurately showing the delineation of the proposed fence and a description of the proposed fence materials. The Building Inspector shall submit a complete application to the Town Planning & Development Administrator The Town Planning & Development Administrator shall approve, approve with conditions or deny the application. In reviewing applications for agricultural fencing, the Town Planning & Development Administrator may seek an advisory report from the Agricultural Advisory Committee. (4) An application for agricultural fencing on preserved farmland as a condition of the sale of development rights to the County of Suffolk, shall be submitted to the Suffolk County Farmland Committee in accordance with Article X, Agricultural Overlay District for its approval prior to the issuance of any Town permits. SECTION S. Authority. The proposed local law is enacted pursuant to Town Law Article 16, as well as Municipal Home Rule Law §§10(1)(ii)(a)(11) and (12) SECTION 6. Severability. If any clause, sentence, paragraph, or part of this local law, or the application thereof to any person, firm, or corporation, or circumstance, shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law, or in its application Generated 10/12/2023 Page 4 Southampton Town Board - Letter Board Meeting of October 10, 2023 to the person, individual, firm, or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. SECTION 7. Effective Date. This local law shall take effect immediately upon filing with the Secretary of State pursuant to Municipal Home Rule Law. AND BE IT 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 and post 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 Tuesday, November 28, 2023, at 6:00 p.m., both in- person, at Southampton Town Hall, 116 Hampton Road, Southampton, New York, and via videoconferencing, to hear any and all persons either for against a local law entitled, "A LOCAL LAW amending Town Code §330-50, §330-51 and §330-109 in connection with the permitting process for agricultural fencing;" and take FURTHER NOTICE that, pursuant to Local Law No. 14 of 2022, the public will have an opportunity to see and hear the meeting live both in-person as well as via videoconferencing, and to provide comments in either format, with a transcript provided upon request. If participating via videoconferencing, the public can watch the live meeting online from either the Town of Southampton website on the Town Clerk's Meeting Portal, 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: to irn_c;p_ .irk,C�.sir.u.tlh .irnptontowninyoggy Please continue to check the Town Clerk's website and Meeting Portal as the hearing date approaches for any updated information, including the specific meeting Zoom link, and/or more detailed instructions on how to access the meeting virtually. Summary of Proposed Law The purpose of this local law is to streamline and expedite the permitting process for applications for agricultural fencing. Copies of this local law, sponsored by Councilperson Cynthia McNamara, 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 10/12/2023 Page 5 Southampton Town Board - Letter Board Meeting of October 10, 2023 RESULT: ADOPTED [UNANIMOUS] MOVER: Cynthia McNamara, Councilwoman SECONDER: Tommy John Schiavoni, Councilman AYES: Schneiderman, McNamara, Martel, Bouvier, Schiavoni Generated 10/12/2023 Page 6 Southampton Town Board - Letter Board Meeting of October 10, 2023 TOWN BOARD RESOLUTION 2023-1187 Item#7.47 16 ADOPTED DOC ID: 44421 Notice of Public Hearing Regarding the Lease of Town Land for the Purpose of the Design, Construction, and Management of a Wireless Communications Structure WHEREAS, certain areas within the Town of Southampton continue to suffer from cell phone service gaps due to the limited infrastructure available to fulfill the capacity needs of cell phone users in these areas; and WHEREAS, one such area is the community of Hampton Bays; and WHEREAS, the Town of Southampton has identified some publicly-owned properties that are considered opportunity areas as per the Town Code; and WHEREAS, one such area is the Shinnecock Commercial Fishing Dock located at 333 Beach Road, Hampton Bays, NY 11946, Suffolk County Tax Map Number 900-364-1-2; and WHEREAS, the Town of Southampton wishes to construct a wireless communications structure at the aforementioned location; and WHEREAS, to that end, the Town of Southampton put out a Request for Proposals for the aforementioned Tower; and WHEREAS, Towerpoint Capital, LLC responded with a proposal to build a wireless communications structure at the Shinnecock Commercial Fishing Dock; and WHEREAS, the Town is considering Towerpoint Capital, LLC's proposal; NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on October 24, 2023 at 6:00 p.m., both in-person, at Southampton Town Hall, 116 Hampton Road, Southampton, New York, and via videoconferencing, to hear any and all persons either for or against the lease of Town land for the construction of a wireless communications structure at the Shinnecock Commercial Fishing Dock; and be it further RESOLVED, that the Town Clerk is 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 Tuesday, October 24, 2023 at 6:00 p.m. both in-person, at Southampton Town Hall, 116 Hampton Road, Southampton, New York, and via videoconferencing, to hear any and all persons either for or against the lease of Town land for the purpose of building a wireless communications structure at the Shinnecock Commercial Fishing Dock, located at 333 Beach Road, Hampton Bays, NY 11946; and take FURTHER NOTICE that, pursuant to Local Law No. 14 of 2022, the public will have an opportunity to see and hear the meeting live both in-person as well as via Generated 10/12/2023 Page 2 Southampton Town Board - Letter Board Meeting of October 10, 2023 videoconferencing, and to provide comments in either format, with a transcript provided upon request. If participating via videoconferencing, the public can watch the live meeting online from either the Town of Southampton website on the Town Clerk's Meeting Portal 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 Please continue to check the Town Clerk's website and Meeting Portal as the hearing date approaches for any updated information, including the specific meeting Zoom link, and/or more detailed instructions on how to access the meeting virtually. BY ORDER OF THE TOWN BOARD TOWN OF SOUTHAMPTON, NEW YORK SUNDY A. SCHERMEYER, TOWN CLERK Financial Impact: None to the Town; lease will provide monthly rent payments to the Town. RESULT: ADOPTED [UNANIMOUS] MOVER: Jay Schneiderman, Supervisor SECONDER: Cynthia McNamara, Councilwoman AYES: Schneiderman, McNamara, Martel, Bouvier, Schiavoni Generated 10/12/2023 Page 3 Southampton Town Board Sundy A Schermeyer Town Clerk 116 Hampton Road c Telephone: (631) 287-5740 Southampton, NY 11968 �'�ryoF' <-tik a t Fax: (631) 283-5606 SourunM� October 12, 2023 Honorable Denis Noncarrow Town of Southold P.O. Box 1179 Southold, NY 11971 i Dear Honorable Denis Noncarrow: Responding to this le will serve as an acknowledgement of receipt-of-the attached copies of resolutions adop ed y the Southampton Town Board. Please sign this letter and return it to the Town Cl ks fice Va s ndard mail, by fax at 631-283-56 6 or you may scan and email it back o to n rk ou m tontownn ov.� Signature: zz Date: Please be ad d that the Town Board, at a meeting held on October 0, 2023 1:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2023-1187 Adopted [Unanimous] Notice of Public Hearing Regarding the Lease of Town Land for the Purpose of the Design, Construction, and Management of a Wireless Communications Structure Sincerely Yours, Sundy A Schermeyer Town Clerk Generated 10/12/2023 Page 1 }`�,y.VSNT .YYIt. 1640 4 YJ. y 4 v � Southampton Town Board s u, Sundy A Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 °�� a!, ;. .5�r Fax: (631) 283-5606 °�SO°7'l1AM\'fit, October 12, 2023 11111111111111111111111111111111 � Honorable Denis Noncarrow Town of Southold P.O. Box 1179 Southold, NY 11971 I Dear Honorable Denis NIoncarrow: Please be advised that the Town Board, at a meeting held on October 10, 2023 1:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2023-1187 Adopted [Unanimous] Notice of Public Hearing; Regarding the Lease of Town Land for the Purpose of the Design, Construction, and Management of a Wireless Communications Structure Sincerely Yours, mac. Sundy A Schermeyer Town Clerk I 1 I i I I I I i i i I i Generated 10/12/20231 Page 1 i i 16dU J. Southampton Town Board Sundy A Schermeyer Town Clerk 116 Hampton RoadTelephone: (631) 287-5740 Southampton, NY 11968 'e'%oF. 't. a,�° Fax: (631) 283-5606 4' SDUi11A�� October 12, 2023 Honorable Denis Noncarrow Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Denis Noncarrow: Responding!ised to will serve as an acknowledgement of receipt of the attached copies of resolutioted y the So ampton Town Board. Please sign this letter and return it to the Toks ffi vi tandard mail, by fax at 631-283-5606 or you may scan and email it bt le u am tontownn ov. Signature: Date: Please be athat thee Board, at a meeting held on October 10, 2023 1:00 PM, reviewed the following resolution(s): I Town Board Resolution RES-2023-1189 Adopted [Unanimous] Notice of Public Hearing to Consider Amending Town Code §330-50, §330-51, and §330-109 in Connection with the Permitting Process for Agricultural Fencing Sincerely Yours, Sundy A Schermeyer Town Clerk Generated 10/12/2023 Page 1 �yr..vnrq,r Y Southampton Town Board Sundy A Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 Fax: (631) 283-5606 OFS�U711A!A���+ October 12, 2023 11111111111111111�11111111�11111 Honorable Denis Noncarrow Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Denis Noncarrow: Please be advised that the Town Board, at a meeting held on October 10, 2023,1:00 PM,-reviewed the following resolution(s): Town Board Resolution RES-2023-1189 Adopted [Unanimous] Notice of Public Hearing;to Consider Amending Town Code §330-50, §330-51, and §330-109 in Connection with the Permitting Process for Agricultural Fencing Sincerely Yours, r' Sundy A Schermeyer Town Clerk Page 1 Generated 10/12/2023 Southampton Town Board - Letter Board Meeting of October 10, 2023 TOWN BOARD RESOLUTION 2023-1189 Item#7.49 ADOPTED DOC ID: 44424 Notice of Public Hearing to Consider Amending Town Code §330- 50, §330-51, and §330-109 in Connection with the Permitting Process for Agricultural Fencing RESOLVED, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on November 28, 2023, at 6:00 p.m., both in-person, at Southampton Town Hall, 116 Hampton Road, Southampton, New York, and via videoconferencing, to hear any and all persons either for against a local law entitled, "A LOCAL LAW amending Town Code §330-50, §330-51 and §330-109 in connection with the permitting process for agricultural fencing," which provides as follows: LOCAL LAW NO. OF 2023 A LOCAL LAW amending Town Code §330-50, §330-51 and Town Code 330-109 in connection with the permitting process for agricultural fencing. BE IT ENACTED by the Town Board of the Town of Southampton as follows: SECTION 1. Legislative Intent This Code amendment intends to streamline and expedite the permitting process for applications for agricultural fencing by allowing the Town Planning & Development Administrator, instead of the Town Planning Board, to approve an increase in the permitted height of agricultural fencing up to eight feet on properties: (I) that are preserved by the transfer of development rights or by easement to the Town; or (ii) that are located in the Agricultural Overlay District; so long as certain criteria is met. Based on recommendations from the Agricultural Advisory Committee, a new category has also been added to allow such fencing, so long the same criteria has been met, on properties that are classified by the Town Assessor's Office as "agricultural" and provide the Property Record Card confirming such. SECTION 2. Amendment. Town Code §§330-50A and D are hereby amended by deleting the stricken words and adding the underlined words as follows: 330-50. Farmlands Preservation Program; sale of development rights. A. As used in this article, the following terms shall have the meanings indicated: PERMIT ADMINISTRATOR - whe is appeinted by mm ittee. The Town Planning & Development Administrator or his/her designee. D. Erection of structures subsequent to transfer of development rights. No structures of any kind whatsoever shall be permitted to be erected or maintained, except for structures legally existing on the date of transfer, subsequent to the transfer of development rights to the Town, except as specifically set forth in this subsection. (1) Waiver letter. The Permit Administrator shall be empowered to authorize construction by the issuance of a waiver letter for the following specified items: Generated 10/12/2023 Page 2 Southampton Town Board - Letter Board Meeting of October 10, 2023 (a) Repair of structures lawfully existing as of the date of transfer. (b) Installation of fences, irrigation wells and pumps and structures for the storage of feed, fertilizer, harvested crops, fuel or machinery. The Permit Administrator may approve an increase in the permitted height of a fence located in any front, side or rear yard in order to protect agricultural crops from damage due to deer so Iona as: (I) the maximum height does not exceed eight feet; (ii) the subject property is currently in agricultural production; (iii) the applicant can demonstrate that an economic loss will occur to agricultural crops without an increase in fencing height: (iv) alternatives to fencing that will reduce the economic loss of agricultural crops have been investigated; (v) alternative types and heights of fencing materials have been investigated; and (vi) the installation of the fencing will be accomplished in a manner to preserve and protect the visual and scenic resources of the Town. (c) Temporary use and structures in connection with an accessory farmstand, provided that such accessory farmstand complies with the provisions of §330-79.1 of this chapter. SECTION 3. Amendment. Town Code §330-51 is hereby amended by deleting the stricken words and adding the underlined words as follows: 330-51. Farmlands Preservation Program; procedure for construction on lands preserved by easement or Suffolk County purchase. A. Acquisition of development rights or easements via subdivision or site plan procedure. No structures of any kind whatsoever shall be permitted to be erected or maintained on lands which have been preserved for agricultural purposes as a condition of subdivision or site plan approval by grant of easement, covenant, deed of development rights, lease or other property interest granted to the Town, except those structures that may be permitted by the Farmland Permit Administrator, Agricultural Advisory Committee and/or Planning Board pursuant to the same procedural requirements as set forth in §330-50D(l) and (2). B. Suffolk County purchase of development rights program. No structures, of any kind whatsoever shall be permitted to be erected or maintained on lands which have been preserved for agricultural purposes as a condition of the sale of development rights to the County of Suffolk, except those structures that may be permitted by the Suffolk County Farmland Committee and, if applicable, the Planning Board where special exception permission and/or site plan review is necessary. SECTION 4. Amendment. Town Code §330-109E is hereby amended by deleting the stricken words and adding the underlined words as follows: 330-109 Fences, walls, accessory driveway structures and clotheslines. E. Agricultural fencing. (1) Within all Country Residential (CR) and Residential (R) Zoning Districts, situated the Town Planning & within the AgFiebllttHal E)veF!ay DlStFiet, Me Pd Beard Generated 10/12/2023 Page 3 Southampton Town Board - Letter Board Meeting of October 10, 2023 Development Administrator may approve an increase in the permitted height of a fence located in any front, side or rear yard in order to protect agricultural crops from damage due to deer. The maximum height of an agricultural fence approved by the Planning Be Town Planning and Development Administrator may not exceed eight feet. (2)The increase in permitted fence height shall be based on the following findings of the Planning Bead the Town Planning & Development Administrator: (a) The subject property is currently in agricultural production. (b) The applicant can demonstrate that an economic loss will occur to agricultural crops without an increase in fencing height. (c) Alternatives to fencing that will reduce the economic loss of agricultural crops have been investigated. (d) Alternative types and heights of fencing materials have been investigated. (e) The installation of the fencing will be accomplished in a manner to preserve and protect the visual and scenic resources of the Town. (f) If the property is located outside of the Agricultural Overlay District, the applicant must provide a copy of the Property Record Card confirming that it is classified as "agricultural" property. (3) An application to install agricultural fencing that exceeds the permitted height shall be in the form of a building permit application submitted to the Town's Building Inspector. The application shall include a plan of the property accurately showing the delineation of the proposed fence and a description of the proposed fence materials. The Building Inspector shall submit a complete application to the Town Planning & Development Administrator The Town Planning & Development Administrator shall approve, approve with conditions or deny the application. In reviewing applications for agricultural fencing, the Town Planning & Development Administrator may seek an advisory report from the Agricultural Advisory Committee. (4) An application for agricultural fencing on preserved farmland as a condition of the sale of development rights to the County of Suffolk, shall be submitted to the Suffolk County Farmland Committee in accordance with Article X, Agricultural Overlay District for its approval prior to the issuance of any Town permits. SECTION S. Authority. The proposed local law is enacted pursuant to Town Law Article 16, as well as Municipal Home Rule Law §§10(1)(ii)(a)(11) and (12) SECTION 6. Severability. If any clause, sentence, paragraph, or part of this local law, or the application thereof to any person, firm, or corporation, or circumstance, shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law, or in its application Generated 10/12/2023 Page 4 Southampton Town Board - Letter Board Meeting of October 10, 2023 to the person, individual, firm, or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. SECTION 7. Effective Date. This local law shall take effect immediately upon filing with the Secretary of State pursuant to Municipal Home Rule Law. AND BE IT 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 and post 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 Tuesday, November 28, 2023, at 6:00 p.m., both in- person, at Southampton Town Hall, 116 Hampton Road, Southampton, New York, and via videoconferencing, to hear any and all persons either for against a local law entitled, "A LOCAL LAW amending Town Code §330-50, §330-51 and §330-109 in connection with the permitting process for agricultural fencing;" and take FURTHER NOTICE that, pursuant to Local Law No. 14 of 2022, the public will have an opportunity to see and hear the meeting live both in-person as well as via videoconferencing, and to provide comments in either format, with a transcript provided upon request. If participating via videoconferencing, the public can watch the live meeting online from either the Town of Southampton website on the Town Clerk's Meeting Portal, 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(absouthamptontownny.aov Please continue to check the Town Clerk's website and Meeting Portal as the hearing date approaches for any updated information, including the specific meeting Zoom link, and/or more detailed instructions on how to access the meeting virtually. Summary of Proposed Law The purpose of this local law is to streamline and expedite the permitting process for applications for agricultural fencing. Copies of this local law, sponsored by Councilperson Cynthia McNamara, 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 10/12/2023 Page 5 Southampton Town Board - Letter Board Meeting of October 10, 2023 RESULT: ADOPTED [UNANIMOUS] MOVER: Cynthia McNamara, Councilwoman SECONDER: Tommy John Schiavoni, Councilman AYES: Schneiderman, McNamara, Martel, Bouvier, Schiavoni Generated 10/12/2023 Page 6 ;.�ac.Frrh ne 1640 Southampton Town Board Sundy A Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 �'e� �,�° 5�r Fax: (631) 283-5606 ��Saurunnu'�°�• November 20, 2023 Honorable Denis Noncarrow Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Denis Noncarrow: Responding fflIerk will s ve as an acknowledgement of receipt of the attached copies of resolutiony th Southampton Town Board. Please sign this letter and return it to the Towis vi andard mail, by fax at 631-28 -5606 r you may scan and email it b outham tontownn ov. Signature: Date: �/ �D Please be advised that the Town Board, at a meeting held on November 14, 2023 1:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2023-1357 Adopted [4 to 1] Notice of Public Hearing to Adopt a Climate Action Plan as an element to the Town Comprehensive Plan Town Board Resolution RES-2023-1358 Adopted as Amended [Unanimous] Notice of Public Hearing to Consider Amending Article XXVIII (Landmarks and Historic Districts and Heritage Resource Areas) of Town Code Chapter 330 (Zoning) to Establish the Bridgehampton Bull's Head - Main Street Historic Overlay District Town Board Resolution RES-2023-1370 Adopted [Unanimous] Notice of Public Hearing to Consider Amending Town Code Chapter 330 (Zoning) to Establish Standards and Setbacks for Pickleball Courts Sincerely Yours, Sundy A Schermeyer Town Clerk Generated 11/20/2023 Page 1 y�4un>,kn 4 ` o Southampton Town Board Sundy A Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 °'pry .°F �y� Fax: (631) 283-5606 S°UT71AM�t� November 20, 2023 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Honorable Denis Noncarrow Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Denis Noncarrow: Please be advised that the Town Board, at a meeting held on November 14, 2023 1:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2023-1357 Adopted [4 to 1] Notice of Public Hearing to Adopt a Climate Action Plan as an element to the Town Comprehensive Plan Town Board Resolution RES-2023-1358 Adopted as Amended [Unanimous] Notice of Public Hearing to Consider Amending Article XXVIII (Landmarks and Historic Districts and Heritage Resource Areas) of Town Code Chapter 330, (Zoning) to Establish the Bridgehampton Bull's Head - Main Street Historic Overlay District Town Board Resolution RES-2023-1370 Adopted [Unanimous] Notice of Public Hearing to Consider Amending Town Code Chapter 330 (Zoning) to Establish Standards and Setbacks for Pickleball Courts Sincerely Yours, ( ��,y►�¢�. Sundy A Schermeyer Town Clerk Generated 11/20/2023 Page 1 Southampton Town Board - Letter Board Meeting of November 14, 2023 TOWN BOARD RESOLUTION 2023-1357 Item#7.97 ADOPTED DOC ID: 44716 Notice of Public Hearing to Adopt a Climate Action Plan as an element to the Town Comprehensive Plan WHEREAS, the Town Board of the Town of Southampton authorized the solicitation of request for proposals (RFP) for the preparation of a Climate Action Plan on August 24, 2021 (Resolution 2021-826); and WHEREAS, by Resolution 2021-1123, the Town Board awarded said contract to the consulting firm Ramboll; and WHEREAS, Ramboll,has completed the draft Climate Action Plan that is a community plan to increase sustainability, improve quality of life and achieve the Town's carbon-neutrality goals; now, therefore, BE IT RESOLVED, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on December 12, 2023 at 1:00pm both in-person, at Southampton Town Hall, 116 Hampton Road, Southampton, New York, and via videoconferencing, to hear any and all persons either for or against adoption of the Southampton Climate Action Plan as an element of the Comprehensive Plan; and be it further RESOLVED, that the Town Clerk is directed to refer the plan to the Suffolk County Planning Commission and Planning Board for review and recommendation; and be it further RESOLVED, that the Town Clerk is 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 Tuesday, December 12, 2023 at 1:00pm both in-person, at Southampton Town Hall, 116 Hampton Road, Southampton, New York, and via videoconferencing, to hear any and all persons either for or against the Town's adoption of a 'Climate Action Plan' as an element to the Comprehensive Plan. Copies of the Climate Action Plan, are on file in the Town Clerk's Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m. and on the Town's website at <https://www.southamptontownny.gov/1810/Climate-Action-Plan> ; and take FURTHER NOTICE that, pursuant to Local Law No. 14 of 2022, the public will have an opportunity to see and hear the meeting live both in-person as well as via videoconferencing, and to provide comments in either format, with a transcript provided upon request. If participating via videoconferencing, the public can watch the live meeting online from either the Town of Southampton website on the Town Clerk's Meeting Portal 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 Generated 11/20/2023 Page 2 Southampton Town Board - Letter Board Meeting of November 14, 2023 the Town Clerk at: town clerk(a)southamptontownny.gov Please continue to check the Town Clerk's website and Meeting Portal as the hearing date approaches for any updated information, including the specific meeting Zoom link, and/or more detailed instructions on how to access the meeting virtually. BY ORDER OF THE TOWN BOARD TOWN OF SOUTHAMPTON, NEW YORK SUNDY A. SCHERMEYER, TOWN CLERK Financial Impact: None RESULT: ADOPTED [4 TO 1] MOVER: John Bouvier, Councilman SECONDER: Tommy John Schiavoni, Councilman AYES: Jay Schneiderman, Rick Martel, John Bouvier, Tommy John Schiavoni NAYS:Cynthia McNamara Generated 11/20/2023 Page 3 Southampton Town Board - Letter Board Meeting of November 14, 2023 TOWN BOARD RESOLUTION 2023-1358 Item#7.99 ADOPTED DOC ID:44792 Notice of Public Hearing to Consider Amending Article XXVIII (Landmarks and Historic Districts and Heritage Resource Areas) of Town Code Chapter 330 (Zoning) to Establish the Bridgehampton Bull's Head - Main Street Historic Overlay District RESOLVED, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on Tuesday, December 12, 2023, at 1:00 p.m., both in-person, at Southampton Town Hall, 116 Hampton Road, Southampton, New York, and via videoconferencing, to hear any and all persons either for or against a local law entitled, "A LOCAL LAW amending Article XXVIII (Landmarks and Historic Districts and Heritage Resource Areas) of Town Code Chapter 330 (Zoning) to establish the Bridgehampton Bull's Head - Main Street Historic Overlay District," which provides as follows: LOCAL LAW NO. OF 2023 A LOCAL LAW amending Article XXVIII (Landmarks and Historic Districts and Heritage Resource Areas) of Town Code Chapter 330 (Zoning) to establish the Bridgehampton Bull's Head - Main Street Historic Overlay District. BE IT ENACTED by the Town Board of the Town of Southampton as follows, Section 1. Legislative Intent. The purpose of this local law is to create an overlay district in connection with the Town Board designation of the "Bridgehampton Bull's Head - Main Street Historic District" pursuant to Town Code §330-321, in order to amend the Zoning Map of the Town of Southampton and incorporate any necessary updates to Town Code Chapter 330 (Zoning). Section 2. Amendment. Article XXVIII (Landmarks and Historic Districts and Heritage Resource Areas) of Town Code Chapter 330 (Zoning), is hereby amended by deleting the stricken words and adding the underlined words as follows: 330-334 Resew Bridgehampton Bull's Head - Main Street Historic Overlay District. A. Purpose. The purpose of the Bridgehampton Bull's Head - Main Street Historic Overlay District is to codify the Town Board designation of the "Bridgehampton Bull's Head - Main Street Historic District" in order to protect and preserve the identity of this historic community, its sense of place, unique character, and historically significant structures. B. Applicability. (1) This section shall apply to the Bridgehampton Bull's Head - Main Street Historic Overlay District, which shall encompass the group of properties shown on the Generated 11/20/2023 Page 4 Southampton Town Board - Letter Board Meeting of November 14, 2023 Zoning Map of the Town of Southampton. (2) When the regulations and permitted uses of a zoning district conflict with those of the Bridgehampton Bulls Head - Main Street Historic Overlay District, the more restrictive standards shall apply. C. Definitions. In addition to other definitions set forth in this chapter, the following definitions shall apply to this section: CONTRIBUTING RESOURCE Meets the definition of"Landmark, Historical or Cultural" as defined in §330-5 and/or the criteria for designation as an individual Landmark pursuant to §330-321(B) of this chapter. D. Contributing Resources. The following properties are Contributing Resources within the Bridgehampton Bulls Head - Main Street Historic Overlay District. Suffolk County Street Address Resource Criteria Tax Map Number No Tax Map Founders Monument (Intersection of Montauk Contributing Resource Hwy. and Ocean Rd.) 900-69-5-7.1 23 Corwith Avenue Contributing Resource 900-69-5-9 2400 Montauk Highway Contributing Resource 900-69-5-10 2402 Montauk Highway Contributing Resource 900-69-2-17.8 2266 Montauk Highway Contributing Resource 900-69-2-21.1 2350 Montauk Highway Contributing Resource 900-69-2-22 2368 Montauk Highway Contributing Resource 900-69-5-11.1 2408 Montauk Highway Contributing Resource 900-69-5-11.3 2414 Montauk Highway Contributing Resource 900-69-5-11.5 2418 Montauk Highway Contributing Resource 900-69-5-11.6 2422 Montauk Highway Contributing Resource 900-69-5-11.7 2424 Montauk Highway Contributing Resource 900-69-5-12 2426 Montauk Highway Contributing Resource 900-69-5-14 2434 Montauk Highway Contributing Resource 900-69-5-17 2442 Montauk Highway Contributing Resource 900-69-5-18.1 2446 Montauk Highway Contributing Resource 900-69-5-19.1 2450 Montauk Highway Contributing Resource 900-69-5-20 2454 Montauk Highway Contributing Resource 900-69-5-23 2462 Montauk Highway Contributing Resource 900-69-5-24 2466 Montauk Highway Contributing Resource 900-69-5-25 2468 Montauk Highway Contributing Resource 900-69-5-26 2478 Montauk Highway Contributing Resource 900-69-5-29 2486 Montauk Highway Contributing Resource 900-69-5-34.1 2488 Montauk Highway Contributing Resource 900-71-1-35 39 Lumber Lane Contributing Resource 900-71-3-8.1 1 Bridgehampton Sag Harbor Turnpike Contributing Resource 900-85-1-21 2214 Montauk Highway Contributing Resource 900-85-1-27.1 2200 Montauk Highway Contributing Resource 900-86-1-1 2273 Montauk Highway Contributing Resource Generated 11/20/2023 Page 5 Southampton Town Board - Letter Board Meeting of November 14, 2023 900-86-1-4 2309 Montauk Highway Contributing Resource 900-86-1-8.3 2357 Montauk Highway Contributing Resource 900-86-1-18 2247 Montauk Highway Contributing Resource 900-86-2-1.3 2385 Montauk Highway Contributing Resource 900-86-2-2 2395 Montauk Highway Contributing Resource 900-86-2-3 2397 Montauk Highway Contributing Resource 900-86-2-4 2405 Montauk Highway Contributing Resource 900-86-2-14.2 2463 Montauk Highway Contributing Resource 900-86-2-15 2479 Montauk Highway Contributing Resource 900-86-2-16 2487 Montauk Highway Contributing Resource 900-86-2-17 2489 Montauk Highway Contributing Resource 900-86-2-18 2491 Montauk Highway Contributing Resource 900-86-2-19 2493 Montauk Highway Contributing Resource 900-86-2-20 2495 Montauk Highway Contributing Resource 900-86-2-22.1 30 Ocean Road Contributing Resource 900-86-2-24.3 20 Hull Lane Contributing Resource 900-86-2-25.1 46 Ocean Road Contributing Resource 900-86-2-27.1 32 Hull Lane Contributing Resource 900-86-2-57.5 2429 Montauk Highway Contributing Resource 900-86-2-57.6 2415 Montauk Highway Contributing Resource 900-88-1-1.1 2539 Montauk Highway Contributing Resource E. Non-contributing Resources. The following properties are Non-contributing Resources within the Bridgehampton Bulls Head - Main Street Historic Overlay District: Suffolk County Street Address Resource Criteria Tax Map Number 900-69-5-8 19 Corwith Avenue Non-contributing 900-69-2-10.2 50 Corwith Avenue Non-contributing 900-69-2-17.5 2272 Montauk Highway Non-contributing 900-69-2-17.7 2252 Montauk Highway Non-contributing 900-69-2-19 2322 Montauk Highway Non-contributing 900-69-2-23 Newman Village Condominium Non-contributing 900-69.1-1-1 2284 Main Street, Unit 1 Non-contributing 900-69.1-1-2 2286 Main Street, Unit 2 Non-contributing 900-69.1-1-3 2288 Main Street, Unit 3 Non-contributing 900-69.1-1-4 2290 Main Street, Unit 4 Non-contributing 900-69.1-1-5 2292 Main Street, Unit 5 Non-contributing 900-69.1-1-6 2294 Main Street, Unit 6 Non-contributing 900-69.1-1-7 2296 Main Street, Unit 7 Non-contributing 900-69.1-1-8 2298 Main Street, Unit 8 Non-contributing 900-69.1-1-9 2300 Main Street, Unit 9 Non-contributing 900-69.1-1-10 2302 Main Street, Unit A Non-contributing 900-69.1-1-11 2304 Main Street, Unit B Non-contributing 900-69-1-1-12 2306 Main Street, Unit C Non-contributing 900-69.1-1-13 2308 Main Street, Unit D Non-contributing 900-69.1-1-14 2310 Main Street, Unit E Non-contributing Generated 11/20/2023 Page 6 Southampton Town Board - Letter Board Meeting of November 14, 2023 900-69.1-1-15 2312 Main Street, Unit F Non-contributing 900-69.1-1-16 2314 Main Street Non-contributing 900-69-5-13 41 Montauk Highway Non-contributing 900-69-5-36.1 2510 Montauk Highway Non-contributing 900-85-1-20.1 2228 Montauk Highway Non-contributing 900-85-2-4 2155 Montauk Highway Non-contributing 900-85-2-5 2167 Montauk Highway Non-contributing 900-85-2-6 2173 Montauk Highway Non-contributing 900-85-2-7 2183 Montauk Highway Non-contributing 900-85-2-8 2195 Montauk Highway Non-contributing 900-85-2-9 2209 Montauk Highway Non-contributing 900-85-2-10 2221 Montauk Highway Non-contributing 900-85-2-12.1 2231 Montauk Highway Non-contributing 900-86-1-2 2287 Montauk Highway Non-contributing 900-86-1-3 2297 Montauk Highway Non-contributing 900-86-1-5 2317 Montauk Highway Non-contributing 900-86-1-6 2331 Montauk Highway Non-contributing 900-86-1-7 2339 Montauk Highway Non-contributing 900-86-2-1.1 2393 Montauk Highway Non-contributing 900-86-2-1.4 2389 Montauk Highway Non-contributing 900-86-2-5 2411 Montauk Highway Non-contributing 900-86-2-7.4 95 School Street Non-contributing 900-86-2-7.5 97 School Street Non-contributing 900-86-2-8 89 School Street Non-contributing 900-86-2-23 40 Ocean Road Non-contributing 900-86-2-31.1 2425 Montauk Highway Non-contributing 900-86-2-57.2 99 School Street Non-contributing F. Certificates of Appropriateness. (1) A certificate of appropriateness from the Landmarks and Historic Districts Board shall be required in accordance with the provisions of §330-322 through §330- 326 of this chapter prior to any work affecting the exterior of any property or structure upon a property within the Bridgehampton Bulls Head - Main Street Historic Overlay District, including but not limited to exterior alteration, restoration, reconstruction, demolition, new construction, moving existing structures, and material changes in the exterior appearance of the property or structure that are visible from a public street or alley such as light fixtures, signs, sidewalks, fences, steps, paving. (2) A certificate of appropriateness shall not be required for ordinary maintenance and repair of any exterior architectural feature of a property or structure within the Bridgehampton Bulls Head - ,Main Street Historic Overlay District, so long as such maintenance and repair does not involve a change in design, material, color or outward appearance. (3) In addition to the criteria for approval of a certificate of appropriateness in §330-323, the Landmarks and Historic Districts Board shall be guided by the design guidelines established by the Landmarks and Historic Districts Board in the publication prepared by the Town Historian, titled "Bridgehampton's Historic Generated 11/20/2023 Page 7 Southampton Town Board - Letter Board Meeting of November 14, 2023 Hamlet Review and Design Guidelines," and the Secretary of Interior's Standards for Rehabilitation and the Guidelines for Rehabilitating Historic Buildings (most recent editions). Section 3. Authority. This local law is enacted pursuant to NYS Town Law §§ 262, 264 and 265, Municipal Home Rule Law §§10(1)(ii)(a)(11), as well as General Municipal Law §96-a and Article 5-K. 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 S. 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 shall .forward a,copy of this proposed law to the Suffolk County Planning Commission and the Southampton Town Planning Board 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 Tuesday, December 12, 2023, at 1:00 p.m., both in- person, at Southampton Town Hall, 116 Hampton Road, Southampton, New York, and via videoconferencing, to hear any and all persons either for or against a local law entitled, "A LOCAL LAW amending Article XXVIII (Landmarks and Historic Districts and Heritage Resource Areas) of Town Code Chapter 330 (Zoning) to establish the Bridgehampton Bull's Head - Main Street Historic Overlay District"; and take FURTHER NOTICE, that, pursuant to Local Law No. 14 of 2022, the public will have an opportunity to see and hear the meeting live both in-person as well as via videoconferencing, and to provide comments in either format, with a transcript provided upon request. If participating via videoconferencing, the public can watch the live meeting online from either the Town of Southampton website on the Town Clerk's Meeting Portal, 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.aov. Please continue to check the Town Clerk's website and Meeting Portal as the hearing date approaches for any updated information, including the specific meeting Zoom link, and/or more detailed instructions on how to access the meeting virtually. Generated 11/20/2023 Page 8 Southampton Town Board - Letter Board Meeting of November 14, 2023 Summary of Proposed Law The purpose of this local law is to create an overlay district in connection with the Town Board designation of the "Bridgehampton Bull's Head - Main Street Historic District" pursuant to Town Code §330-321, in order to amend the Zoning Map of the Town of Southampton and incorporate any necessary updates to Town Code Chapter 330 (Zoning). Copies of the proposed law, sponsored by Supervisor Schneiderman, Councilperson McNamara, Councilperson Martel, Councilperson Bouvier, and Councilperson 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 AS AMENDED [UNANIMOUS] MOVER: Tommy John Schiavone, Councilman SECONDER: John Bouvier, Councilman AYES: Schneiderman, McNamara, Martel, Bouvier, Schiavoni Generated 11/20/2023 Page 9 Southampton Town Board - Letter Board Meeting of November 14, 2023 TOWN BOARD RESOLUTION 2023-1370 Item#7.113 ADOPTED DOC ID:44837 Notice of Public Hearing to Consider Amending Town Code Chapter 330 (Zoning) to Establish Standards and Setbacks for Pickleball Courts RESOLVED, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on December 12, 2023, at 1:00 p.m., both in-person, at Southampton Town Hall, 116 Hampton Road, Southampton, New York, and via videoconferencing, to hear any and all persons either for against a local law entitled, "A LOCAL LAW to consider amending Town Code Chapter 330 (Zoning) to establish standards and setbacks for pickleball courts," which provides as follows: LOCAL LAW NO. _ OF 2023 A LOCAL LAW to consider amending Town Code Chapter 330 (Zoning) to establish standards and setbacks for pickleball courts. BE IT ENACTED by the Town Board of the Town of Southampton as follows: SECTION 1. Legislative Intent. With the rapidly growing increase in popularity of pickleball, and in response to complaints about the noise generated from such courts, this amendment proposes to establish a minimum setback of 50 feet for the construction of new pickleball courts and to mandate that such courts be located within the required rear yard in order to mitigate any possible impact on adjacent properties. This proposed setback is considerable since the current side and rear yard setbacks for accessory buildings and structures range from 8 feet (R-10) to 50 feet (CR-200). Alternatively, in most zoning districts, this amendment permits a 30 foot setback for a pickleball court in the required rear yard, but requires both sinking the court and providing sound-attenuation walls to help buffer any noise. Lastly, this proposed amendment provides guidance for the conversion of existing tennis and sports courts into pickleball courts using similar standards and setbacks. SECTION 2. Amendment. Town Code §330-5 is hereby amended by adding the underlined words alphabetically as follows: PICKLEBALL COURT A structure wholly or partially outdoors constructed on the around consisting of a playing area of whatever composition used to engage in the game of pickleball. A backstop, if constructed consistent of netting fencing or similar material and designed to prevent the passage of play balls shall also be part of a pickleball court. SECTION 3. Amendment. Town Code §330-76 is hereby amended by adding the underlined words as follows: §330-76 Placement of accessory buildings, structures, and uses in all districts. N. Pickleball courts. Generated 11/20/2023 Page 10 Southampton Town Board - Letter Board Meeting of November 14, 2023 1. New pickleball courts are permitted within the required rear yard with a minimum 50 foot setback from all property lines. 2. Except in the CR-200 Zoning District a new pickleball court is permitted within the required rear yard with a minimum 30 foot setback from all property lines subject to the following standards: (a) shall be sunken at least four feet when measured from the lowest adjacent existing grade; and (b) shall be surrounded on three sides by a six-foot, sound-attenuation wall, placed no further than 10 feet from the edge of the court, constructed of a minimum of 3/4-inch solid boards, and with the middle section of the wall on the court side closest to the nearest adjoining property line. 3. The conversion of a legally existing tennis court or sports court into a pickleball court is permitted if the existing court is located a minimum of 50 feet from all property lines. 4. Except in the CR-200 Zoning District the conversion of a legally existing tennis court or sports court into a pickleball court is permitted with a minimum 30 foot setback: (a) so long as the court is at least four feet below grade with a solid noise barrier of at least 3/4 inch thick six feet high installed along the length of the two sides of the court closest to the property lines; or (b) if the court is at grade a solid noise barrier at least 3/4 inch thick, eight feet high must be installed along the length of three sides of the court, with the middle section of the wall on the court side closest to the nearing adjoining property line. SECTION 4. Amendment. The proposed local law is enacted pursuant to Town Law Article 16, as well as Municipal Home Rule Law §§10(1)(ii)(a)(11) and (12) SECTION 5. Severability. If any clause, sentence, paragraph, or part of this local law, or the application thereof to any person, firm, or corporation, or circumstance, shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law, or in its application to the person, individual, firm, or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. SECTION 6. Effective Date. This local law shall take effect immediately upon filing with the Secretary of State pursuant to Municipal Home Rule Law. AND BE IT 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 and post the following Notice of Public Hearing: NOTICE OF PUBLIC HEARING Generated 11/20/2023 Page 11 Southampton Town Board - Letter Board Meeting of November 14, 2023 TAKE NOTICE, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on Tuesday, December 12, 2023, at 1:00 p.m., both in- person, at Southampton Town Hall, 116 Hampton Road, Southampton, New York, and via videoconferencing, to hear any and all persons either for against a local law entitled, "A LOCAL LAW amending Town Code Chapter 330 (Zoning) to establish standards and setbacks for pickleball courts;" and take FURTHER NOTICE that, pursuant to Local Law No. 14 of 2022, the public will have an opportunity to see and hear the meeting live both in-person as well as via videoconferencing, and to provide comments in either format, with a transcript provided upon request. If participating via videoconferencing, the public can watch the live meeting online from either the Town of Southampton website on the Town Clerk's Meeting Portal, 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: town clerk(dsouthamptontownny.aov Please continue to check the Town Clerk's website and Meeting Portal as the hearing date approaches for any updated information, including the specific meeting Zoom link, and/or more detailed instructions on how to access the meeting virtually. Summary of Proposed Law The purpose of this local law is to establish zoning standards and setbacks for the construction of new pickleball courts, as well as for the conversion of legally existing tennis/sports courts into pickleball courts. Copies of this 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. RESULT: ADOPTED [UNANIMOUS] MOVER: Jay Schneiderman, Supervisor SECONDER: Tommy John Schiavone, Councilman AYES: Schneiderman, McNamara, Martel, Bouvier, Schiavoni Generated 11/20/2023 Page 12