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Home My WebLink AboutSH RES 610 & 628 Planned Development DistrictSouthampton Town Board 116 Hampton Road Southampton, NY 11968 Sundy A. Schermeyer Town Clerk Telephone: (631) 287-5740 Fax: (631) 283-$606 Hampton Bays Annex: (631) 723-2712 May 26, 2011 Honorable Elizabeth Neville Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Elizabeth Neville: Responding to this letter will serve as an acknowledgement of receipt of the attached copies of resolutions adopted by the Southampton Town Board. Please sign this letter and return it to the Town Clerks Office via standard mail, by fax at 631-283-5606 or you may scan and email it back to townclerkL~southamotontownny.qov, Sig natu re: ~(~~(/~ .~--~..~__/, Date: ~/c~,//[ Please be advised that the Town Board, at a meeting held on May 24, 2011 6:00 PM, reviewed the following resolution(s): Resolution RES-2011o610 Adopted [Unanimous] Resolution of Adoption Amending Town Code §330-245 (General Development Standards) of Article XXVI (Planned Development District) to Address Evaluation Criteria Resolution RES-2011-628 Adopted [Unanimous] Notice of Public Hearing to Consider Amending Town Code §350-247 (Establishment by Town Board) of Article XXV! (Planned Development District) to Conform the Procedure with Recent Amendments to §330-244 Sincerely Yours, Sund¥ A. Schermeyer Town Clerk Generated 5/26/2011 Page i Southampton Town Board 116 Hampton Road Southampton, NY 11968 Sundy A. $chermeyer Town Clerk Telephone: (631) 287-5740 Fax: (631) 283-5606 Hampton Bays Annex: (631) 723-2712 May 26, 2011 Honorable Elizabeth Neville Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Elizabeth Neville: Please be advised that the Town Board, at a meeting held on May 24, 2011 6:00 PM, reviewed the following resolution(s): Resolution RES-2011-610 Adopted [Unanimous] Resolution of Adoption Amending Town Code §$$0-245 (General Development Standards) of Article XXVI (Planned Development District) to Address Evaluation Criteria CC: Nancy Graboski, Councilwoman Janice Scherer David Wilcox Christopher Nuzzi, Councilman John Capone, Network Admin Kim Myers Kathleen Murray Lisa Dunlap Klm Ottati Sundy Schermeyer, Town Clerk Tara Leach, Assistant Barbara Meyer Michael Baldwin Sandra Cirincione Anna Throne-Hoist, Supervisor Tamara Wright, Comptroller Kathryn Scott Paul Rubano Karin Johnson James Malone, Councilman Bridget Fleming, Councilwoman Russell Kratovill Tiffany Scarlato Janice Wilson Kristen Tuffy Dennis Finnerty, Planning Board Chairman Jefferson Murphree, Land Management Diane Neill, PR Planner Jacqueline Sherman-Smith, Principal Planner Lorraine David Sandra L. Schroeder, Village Clerk Kimberly Shaw Brenda Prusinowski, Deputy Comm. of PELM Lori Riccardi, ZBA Head Clerk Martin Haley, Comm. of Bldg & Fire Prevention Patricia Eddington, Brookhaven Town Clerk Generated 5/26/2011 Page 1 Southampton Town Board - Letter Board Meeting of May 24, 2011 Becky Molinaro, Village Clerk - Treasurer Michael Benincasa, Chief Building Inspector Clare Vail, Assistant William H. Rogers, Deputy Commissioner of PELM Tullio Bertoli, Commissioner of PELM Robert Quinlan, Brookhaven Town Arty Gilbert Anderson, Deputy Commissioner Herb Phillips Stephen Funsch, Village Clerk/Treasurer Rosemarie Cary Winchell, Village Clerk Donald Louchheim, Mayor Honorable Frederick Overton, Town Clerk Thomas Isles, Director L.I. State Park Commission Laura J. Delessandro, Village Cerk Honorable Dorothy Ogar, Town Clerk Honorable Diane Wilhelm, Town Clerk Georgia Welch, Village Clerk Tim Laube, Clerk Andrew Freleng, Chief Planner Resolution RE$-2011-628 Adopted [Unanimous] Notice of Public Hearing to Consider Amending Town Code §$$0-247 (Establishment by Town Board) of Article XXVI (Planned Development District) to Conform the Procedure with Recent Amendments to §330-244 CC: Nancy Graboski, Councilwoman Janice Scherer David Wilcox Christopher Nuzzi, Councilman John Capone, Network Admin Kim Myers Kathleen Hurray Lisa Dunlap Klm Ottati Sundy Schermeyer, Town Clerk Tara Leach, Assistant Barbara Meyer Michael Baldwin Sandra Cirincione Anna Throne-Hoist, Supervisor Tamara Wright, Comptroller Kathryn Scott Paul Rubano Karin Johnson James Malone, Councilman Bridget Fleming, Councilwoman Russell Kratovill Tiffany Scarlato Dennis Finnerty, Planning Board Chairman Jefferson Murphree, Land Management Diane Neill, PR Planner Jacqueline Sherman-Smith, Principal Planner Lorraine David Sandra L. Schroeder, Village Clerk Kimberly Shaw Brenda Prusinowski, Deputy Comm. of PELM Lori Riccardi, ZBA Head Clerk Martin Haley, Comm. of Bldg & Fire Prevention Patricia Eddington, Brookhaven Town Clerk Becky Molinaro, Village Clerk - Treasurer Michael Benincasa, Chief Building Inspector Clare Vail, Assistant Generated 5/26/2011 Page 2 Southampton Town Board - Letter Board Meeting of May 24, 2011 William H. Rogers, Deputy Commissioner of PELM Tullio Bertoli, Commissioner of PELM Robert Quinlan, Brookhaven Town Atty Gilbert Anderson, Deputy Commissioner Herb Phillips Stephen Funsch, Village Clerk/Treasurer Rosemarie Cary Winchell, Village Clerk Donald Louchheim, Mayor Honorable Frederick Overton, Town Clerk Thomas Tsles, Director L.T. State Park Commission Laura J. Delessandro, Village Cerk Honorable Dorothy Ogar, Town Clerk Honorable Diane Wilhelm, Town Clerk Georgia Welch, Village Clerk Tim Laube, Clerk Andrew Freleng, Chief Planner Sincerely Yours, Sund¥ ^. Schermeyer Town Clerk Generated 5/26/2011 Page 3 Southampton Town Board - Letter Board Meeting of May 24, 2011 RESOLUTION 2011-610 ADOPTED Item # 6.29 DOC ID: 13278 Resolution of Adoption Amending Town Code §330-245 (General Development Standards) of Article XXVI (Planned Development District) to Address Evaluation Criteria WHEREAS, the Town Board of the Town of Southampton is considering amending Town Code {}330-245 (General Development Standards) of Article XXV[ (Planned Development District) to address evaluation criteria; and WHEREAS, a public hearing was held on May 24, 2011, at which time all persons either for or against said amendment were heard; and WHEREAS, the Department of Land Management has advised the Town Board that this proposed local law is considered a "Type [[ Action" under 6 NYCRR Part 617.5, provisions of the New York State Environmental Quality Review Act (SEQRA) and Chapter 157 of the Town Code, and that no further review under New York Conservation Law, Article 8, is necessary; now therefore be it RESOLVED, that Local Law No. 17 of 2011 is hereby adopted as follows: LOCAL LAW NO. 17 OF 2011 A LOCAL LAW amending Town Code {}330-245 (General Development Standards) of Article XXV[ (Planned Development District) to address evaluation criteria. BE [T ENACTED by the Town Board of the Town of Southampton as follows: SECTTON 1. Legislative Tntent. Currently, the Town Board of the Town of Southampton is revising its local regulations as they relate to Planned Development Districts, or "PDD's" proposed within the Town. When addressing PDD's, or incentive zoning provisions, as authorized under Town Law §261-b, the Town Board may advance the Town's specific physical, social and/or cultural policies, in accordance with the Town's Comprehensive Plan and other community planning mechanisms and land use techniques, for zoning incentives, such as "community benefits." The purpose of this local law is to further address and more aptly articulate what makes a specific community benefit appropriate for the Town Board's consideration. SECTTON 2. Amendment. Southampton Town Code §330-245 (General Development Standards) of Article XXV[ (Planned Development District) is hereby amended by deleting the stricken words and adding the underlined words as follows: §330-245. Evaluation criteria and Ggeneral development standards. No earth work, land clearing, construction or development shall take place on any property in a PDD except in accordance with the subdivision or site plan approved by Generated 5/26/2011 Page 4 Southampton Town Board - Letter Board Meeting of May 24, 2011 the Planning Board in accordance with this article and the procedures and standards for site plan approval set forth in this chapter. Tn cases in which a proposed project also involves the subdivision of land, no development may proceed until the Planning Board has granted final subdivision approval in accordance with the standards and procedures of Chapter 292 of this Code. Approval of a site plan for any of the uses listed in this article shall be conditioned upon sanitary waste discharge levels which are found to be acceptable by the Suffolk County Department of Health Services. Unless restricted otherwise herein, minimum yard setbacks, allowable lot coverage, maximum height or other dimensional requirements for any of the structures devoted to uses listed in this article shall be set by the Planning Board and delineated on the approved plan rather than determined by any other provisions in this Code, but shall in no event be less restrictive than those dimensions set forth on the preliminary site plan submitted in accordance with §330-244 and upon which the Town Board placed reliance in approving the PDD amendment. The Town Board and Planning Board shall consider the dimensional requirements of the underlying zone as the initial basis for the development design. On-site parking and access requirements shall be determined by the Planning Board based upon the off-street parking schedule in this chapter and reasonable planning standards. Parking and access requirements shall not be less than those shown on the preliminary site plan unless the Town Board shall, by resolution, consent to any such reduction. The Town Board and Planning Board shall consider the requirements of the underlying zone as the initial basis for the development design. No planned development district shall be located within the Central Pine Barrens core preservation area as defined in §330-217 of this chapter. [Amended 12-21-2001 by L.L. No. 54-2001] No planned development district shall be located within the Central Pine Barrens compatible growth area as defined in §330-217 of this chapter or within a critical resource area as defined in §4.5.4.1 of the Central Pine Barrens Comprehensive Land Use Plan, unless the proposed development adheres to the Commission's review pursuant to §4.5.4 of the Central Pine Barrens Comprehensive Land Use Plan, provided that the PDD ensures enhanced protection of the critical resource feature for which the CRA is designated and if the PDD is located within the Aquifer Protection Overlay District, also complies with the minimum clearing restrictions set forth in §330-67 and, if applicable, open space requirements of §247-8. [Amended 12-21-2001 by L.L. No. 54-2001] A planned development district may be authorized where the Town Board finds that the development will be beneficial, compatible and harmonious with the surrounding land uses and not have a significant adverse impact upon the environment. The siting of a planned development district shall also be consistent with the recommendations of the Comprehensive Plan. [Added 12-21-2001 by L.L. No. 54- 2001] Community Benefit. For each PDD approved, the Town Board shall establish a Generated 5/26/2011 Page 5 Southampton Town Board - Letter Board Meeting of May 24, 2011 required community benefit(s) specific to the project. The required benefit(s) shall be detailed in the resulting PDD legislation. Tn determining the community benefit requirement for a proposed PDD, the Town Board shall consider: The benefit to the applicant of the proposed zone changes, above an as-of- right project on the subject property; The value to the Town and hamlet of achieving the proposed development or redevelopment project in the project location, including, but not limited to, whether the project (i) advances the goals of the Town's Comprehensive Plan and other adopted plans relevant to the project location, (ii) eliminates a nonconforming use, (iii) meets an established community need, (iv) involves site rehabilitation or reclamation, (v) will set a model for future area development or redevelopment, or (vi) stimulates desired economic development activity; Community impacts anticipated as a result of the PDD that cannot be mitigated through project design and traffic system improvements. Such impacts include, but are not limited to, long term costs of community services and development inducing impacts; The cost to the applicant of providing the community benefit, with such costs verified by independent fair appraisals, professionally prepared estimates and/or other relevant documentation as may be appropriate to the specific benefit(s) under consideration; Whether the project is in a school district with unredeemed Pine Barren Credits. Tf so, priority shall be given to PBC redemption as all or part of the required community benefit; Whether applicant proposes project features that would otherwise be required of development on the subject property through the site plan, subdivision, architectural, SEORA, or other regulatory review process. Said features shall not qualify as community benefits. Whether affordable housing is an appropriate public benefit, that is, when there is a demonstrated need in the hamlet where the project would be located for the type of affordable units proposed. [al Tn making said determination, consideration shall be given to the need for affordable housing in the particular hamlet, the appropriateness of the proposed site, the environmental suitability of the site, and the protection of community character; [bl Tn making said determination, the density incentive should not result in an adverse impact on the affected school district or other special assessment district. A list of desired hamlet-specific community benefits, maintained by the Department of Land Management, and prepared in accordance with (i) community input, and (ii) hamlet-specific priorities identified in the Comprehensive Plan and/or other related studies. Said list shall not be Generated 5/26/2011 Page 6 Southampton Town Board - Letter Board Meeting of May 24, 2011 exclusive. [a] Where there are several alternative benefits being considered, the Town Board shall consider the feasibility and timing of the implementation of each, with priority being given to benefits that may be more readily achieved. SECTION 3. Authority. The Town Board may amend Town Code §330-245 pursuant to Town Law §§261-b, 264, and 265, as well as Municipal Home Rule Law §10(1)(ii)(d)(3). SECTION 4. Severability. Tf any section or subsection, paragraph, clause, phrase, or provision of this law shall be judged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. SECTION 5. Effective Date. This Local Law shall take effect upon filing with the Secretary of State pursuant to Municipal Home Rule Law. AND BE TT FURTHER RESOLVED, that the Town Clerk is hereby directed to publish the following Notice of Adoption: NOTICE OF ADOPTION TAKE NOTTCE that, after a public hearing was held by the Town Board of the Town of Southampton on May 24, 2011, the Town Board, at its meeting of May 24, 2011, adopted LOCAL LAW NO. 17 OF 2011, as follows: "A LOCAL LAW amending Town Code 2330-245 (General Development Standards) of Article XXVT 'Planned Development District) to address evaluation criteria." Copies of the proposed law, sponsored by Supervisor Anna Throne-Hoist, 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 Fiscal Tmpact: None. RESULT: ADOPTED [UNANIMOUS] MOVER: Anna Throne-Hoist, Supervisor SECONDER: Nancy Graboski, Councilwoman AYES: Throne-Hoist, Malone, Graboski, Fleming, Nuzzi Generated 5/26/2011 Page 7 Southampton Town Board - Letter Board Meeting of May 24, 2011 RESOLUTION 2011-628 ADOPTED Item # 6.48 DOC ID: 13282 Notice of Public Hearing to Consider Amending Town Code §330-247 (Establishment by Town Board) of Article XXVI (Planned Development District) to Conform the Procedure with Recent Amendments to §330-244 RESOLVED, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on June 28, 2011, at 6:00 p.m., at Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against a local law entitled: "A LOCAL LAW amending Town Code §330-247 (Establishment by Town Board) of Article XXV[ (Planned Development District) to conform the procedure with recent amendments to §330-244/' which provides as follows: LOCAL LAW NO. OF 2011 A LOCAL LAW amending Town Code §330-247 (Establishment by Town Board) of Article XXV[ (Planned Development District) to conform the procedure with recent amendments to §330-244. BE [T ENACTED by the Town Board of the Town of Southampton as follows: SECTTON 1. Legislative Tntent. On May 10, 2011, by Resolution No. 567 of 2011, the Town Board of the Town of Southampton adopted amendments to Town Code §330-244, which addresses the application and review procedure for Planned Development District (PDD) applications, to revise the submission and procedural requirements for said applications. During that amendment process, several other sections of the Town Code were identified as also being in need of modification - some resultant of the changes to §330-244. Town Code §330-247 was one such section. Currently, Town Code §330-247 addresses the establishment of PDDs on the Town Board's own motion. Given the recent amendments to §330-244, this section must now be changed to reflect that Town-initiated applications, like all other PDD applications, must comply with the requirements set forth in §330-244. SECTTON 2. Amendment. Southampton Town Code §330-247 (Establishment by Town Board) of Article XXVT (Planned Development District) is hereby amended by deleting the stricken words and adding the underlined words as follows: §330-247. Establishment by Town Board. Nothing contained herein shall be construed to limit the authority of the Town Board to establish a PDD on its own motion. Tn such instances, the procedures for zoning approval for a PDD shall be pursuant to §330-244 oo~ ~ oc ~ ,~.. of +~ ...... ~ ....... + ~+~ ~ +~ ~rt!dc. However, the Town Board shall obtain two appraisals of the land subject to the Generated 5/26/2011 Page 8 Southampton Town Board - Letter Board Meeting of May 24, 2011 planned development district. The first appraisal shall reflect the current zoning and preexisting nonconforming use of the site, taking into account any legal use of the property, including, but not limited to, nonconforming uses to which the owner is entitled. The second appraisal shall reflect the value of the subject property with the proposed zoning overlay, allowable density, and allowable uses under the planned development district. Tf the Town Board established a PDD on its own motion, final site plan or subdivision approval for individual projects shall be obtained from the Planning Board as required by the other provisions of the Town Code. SECTION 3. Authority. The Town Board may amend Town Code §330-247 pursuant to Town Law §§261-b, 264, and 265, as well as Municipal Home Rule Law §10(1)(ii)(d)(3). SECTION 4. Severability, Tf any section or subsection, paragraph, clause, phrase, or provision of this law shall be judged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. SECTION 5. Effective Date. This Local Law shall take effect upon filing with the Secretary of State pursuant to Municipal Home Rule Law. AND BE TT FURTHER RESOLVED, that the Town Clerk is hereby directed to forward a copy of the proposed law to the Southampton Town Planning Board as well as the Suffolk County Planning Commission for their review and recommendations; and be it further RESOLVED, that the Town Clerk is hereby directed to publish the following Notice of Public Hearing: NOTICE OF PUBLIC HEARING RESOLVED, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on 3une 28, 2011, at 6:00 p.m., at Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against a local law entitled: "A LOCAL LAW amending Town Code §330-247 (Establishment by Town Board) of Article XXVT (Planned Development District) to conform the procedure with recent amendments to §330-244." Summary of Proposed Law Town Code §330-247 addresses the establishment of PDDs on the Town Board's own motion. Given the recent amendments to §330-244, this section must now be changed to reflect that Town-initiated applications, like all other PDD applications, must comply with the requirements set forth in §330-244. Copies of the proposed law, sponsored by Supervisor Anna Throne-Hoist, are on file in the Town Clerk's Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m. Generated 5/26/2011 Page 9 Southampton Town Board - Letter Board Meeting of May 24, 2011 BY ORDER OF THE TOWN BOARD TOWN OF SOUTHAMPTON, NEW YORK SUNDY A. SCHERMEYER, TOWN CLERK Fiscal Tmpact: None. RESULT: ADOPTED [UNANTMOUS] MOVER: Anna Throne-Hoist, Supervisor SECONDER: Nancy Graboski, Councilwoman AYES: Throne-Hoist, Malone, Graboski, Fleming, Nuzzi Generated 5/26/2011 Page 10