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Home My WebLink AboutSH RES 742 Formal Planned District ApplicationSouthampton 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 ]uly 13, 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 townclerk@southamptontownn¥.qo¥. Signature: Date: Please be advised that the Town Board, at a meeting held on July 12, 2011 1:00 PM, reviewed the following resolution(s): Resolution RES-2011-742 Adopted [Unanimous] Notice of Public Hearing to Consider Amending Town Code §$$0-244 (Applications; Review Procedure) of Article XXVI (Planned Development District) to Require a Supermajority Vote of the Town Board for the Approval of a Formal Planned Development District Application Sincerely Yours, Sundy ^. Schermeyer Town Clerk Generated 7/13/2011 Page i Southampton Town Board 116 Hampton Road Southampton, NY 11968 Sundy A. $chermeyer Town Clerk Telephone: (631) 287-5740 Fax: (631) 283-5606 Hampton Bays Annex: (631) 723-2712 3uly 13, 2011 Honorable Elizabeth Neville Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Elizabeth Neville: Please be advised that the Town Board, at a meeting held on July 12, 2011 1:00 PM, reviewed the following resolution(s): Resolution RES-2011-742 Adopted [Unanimous] Notice of Public Hearing to Consider Amending Town Code §$$0-244 (Applications; Review Procedure) of Article XXVI (Planned Development District) to Require a Supermajority Vote of the Town Board for the Approval of a Formal Planned Development District Application CC: Michael Benincasa, Chief Building Inspector 3efferson Murphree, Land Management Cindy Guerriero Nancy Graboski, Councilwoman 3ohn Capone, Network Admin 3anice Scherer David Wilcox 3anice D'Angelo Russell Kratovill Christopher Nuzzi, Councilman Kim Myers Kathleen Murray Lisa Dunlap Kim Ottati Sundy Schermeyer, Town Clerk Tara Leach, Assistant Michael Baldwin Sandra Cirincione Anna Throne-Hoist, Supervisor Tamara Wright, Comptroller Kathryn Scott Paul Rubano Karin 3ohnson 3ames Malone, Councilman Bridget Fleming, Councilwoman Tiffany Scarlato Dennis Finnerty, Planning Board Chairman 3ohn Zucca relli Lorraine David Diane Neill, PR Planner 3acqueline Sherman-Smith, Principal Planner Freda Eisenberg 3ohn Blaney, Vice Chairman Georgia Welch, Village Clerk Donald Louchheim, Mayor Generated 7/13/2011 Page i Southampton Town Board - Letter Board Meeting of 3uly 12, 2011 Bet:h Kamper, Village Clerk Becky IHolinaro, Village Clerk - Treasurer Kimberly Shaw Brenda Prusinowski, Deputy Comm. of PELIV] Lori Riccardi, ZBA Head Clerk Mart:in Haley, Comm. of Bldg & Fire Prevention Pat:ricia Eddingt:on, Brookhaven Town Clerk Clare Vail, Assistant William H. Rogers, Deputy Commissioner of PELIV] Tullio Bert:oli, Commissioner of PELIV] Robert: Quinlan, Brookhaven Town At:t:y Gilbert Anderson, Deputy Commissioner Herb Phillips Stephen Funsch, Village Clerk/Treasurer Rosemarie Cary Winchell, Village Clerk Honorable Frederick Overt:on, Town Clerk Sarah Lansdale, Director L.I. State Park Commission Laura J. Delessandro, Village Cerk Honorable Dorothy Ogar, Town Clerk Honorable Diane Wilhelm, Town Clerk Tim Laube, Clerk Andrew Freleng, Chief Planner Sincerely Yours, Sund¥ ^. Schermeyer Town Clerk Generated 7/13/2011 Page 2 Southampton Town Board - Letter Board Meeting of 3uly 12, 2011 RESOLUTION 2011-742 ADOPTED Item # 6.32 DOC ID: 13444 Notice of Public Hearing to Consider Amending Town Code §330-244 (Applications; Review Procedure) of Article XXVI (Planned Development District) to Require a Supermajority Vote of the Town Board for the Approval of a Formal Planned Development District Application RESOLVED, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on August 9, 2011, at 1:00 p.m., at Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against a local law entitled: "A LOCAL LAW amending Town Code {}330-244 (Applications; Review Procedure) of Article XXV[ (Planned Development District) to require a supermajority vote of the Town Board for the approval of a formal Planned Development District application," which provides as follows: LOCAL LAW NO. OF 2011 A LOCAL LAW amending Town Code §330-244 (Applications; Review Procedure) of Article XXV[ (Planned Development District) to require a supermajority vote of the Town Board for the approval of a formal Planned Development District application. BE [T ENACTED by the Town Board of the Town of Southampton as follows: SECTTON 1. Legislative Tntent. Currently, a simple majority vote of the Town Board is required to adopt a particular change in zone known as a Planned Development District, or a "PDD." Given the recent changes to the Planned Development District legislation, or Town Code §330-244, the Town Board seeks to address approvals of PDD applications. Specifically, the purpose of this local law is to require a supermajority vote of the Town Board for the approval of a formal Planned Development District application. [f adopted, this local law is subject to a mandatory referendum at the general election to be held on November 8, 2011. SECTTON 2. Amendment. Subsection ([) (Town Board action) of Southampton Town Code §330-244 (Applications; review procedure) is hereby amended by deleting the stricken words and adding the underlined words as follows: §330-244. Applications; review procedure. I. Town Board action. (1) A copy of the resolution containing the Town Board's decision either to approve or deny the proposed PDD shall be forwarded to the Planning Board and the applicant within three business days. A copy shall also be placed on Generated 7/13/2011 Page 3 Southampton Town Board - Letter Board Meeting of Iuly 12, 2011 file in the office of the Town Clerk, and, if in the form of an approval, the official copy of the Town Zoning Map shall be amended accordingly. Approval is required to authorize the applicant to proceed with the detailed design of the proposed project in accordance with the concept design plan and the subsequent procedures and requirements of this article. (2) The resolution containing the Town Board's decision shall include the following: (a) The reasoning behind the Town Board's decision, referring to the extent to which the proposal meets established Town and hamlet goals for the project area; (b) If approved, a detailed statement of the required community benefit, including a description of the benefit, how the benefit was determined, how it meets the criteria given in {}330-245 of the Town Code, and how and when it will be provided. When the approved community benefit consists all or in part of a cash-in-lieu payment to the Town, the resolution shall enumerate the allowable expenditures of such monies. [1] The Town Board shall establish a schedule for implementation of the established community benefit(s). Said schedule shall be incorporated into the Town Code for the newly established PDD zone. [2] When all or part of the required community benefit(s) is to be provided by a cash-in-lieu-of payment, the PDD legislation shall enumerate the allowable expenditures of such monies. A preferred, and at least one alternate use of the funds, option shall be given to facilitate the expenditure in a timely manner. [3] Any cash-in-lieu-of payments shall be deposited into a restricted account attendant to those uses specified in the PDD legislation. A supermajority vote of the Town Board shall be required for the approval of a formal PDD application. SECTION 3. Proposition. Pursuant to Municipal Home Rule Law §23(2)(f), this Local Law is subject to a mandatory referendum as it seeks to abolish, transfer, or curtail a power of an elective officer(s). Therefore, the following proposition shall be submitted to the electors of the Town at the general election to be held on November 8, 2011: "SHALL A SUPERMAIORITY VOTE OF THE TOWN BOARD BE REQUIRED FOR THE APPROVAL OF A FORMAL PLANNED DEVELOPMENT DISTRICT (PDD) APPLICATION?" SECTION 4. Authority. Generated 7/13/2011 Page 4 Southampton Town Board - Letter Board Meeting of Iuly 12, 2011 The proposed local law requiring a supermajority vote of the Town Board for the approval of a formal Planned Development District (PDD) application is enacted pursuant to Municipal Home Rule Law §§10(1)(ii)(a)(11) and (12), as well as §10(1)(ii)(d)(3). SECTION 5. Supersession of state law. Pursuant to §§10(1)(ii)(a)(ll) and (12), as well as §10(1)(ii)(d)(3) of Municipal Home Rule Law, the proposed local law requiring a supermajority vote of the Town Board for the approval of a formal Planned Development District (PDD) application is expressly intended to supersede the provisions of Town Law 2265. SECTION 6. Severability. If any section or subsection, paragraph, clause, phrase or provision(s) 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 7. Effective date. This Local Law shall take effect after filing with the Secretary of State and after approval at the general election to be held on November 8, 2011, by the affirmative vote of the qualified electors of the Town of Southampton upon the proposition set forth in Section 3 of this Local Law. AND BE IT 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 TAKE NOTICE, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on August 9, 2011, at 1:00 p.m., at Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against a local law entitled: "A LOCAL LAW amending Town Code 2330-244 (Applications; Review Procedure) of Article XXVI (Planned Development District) to require a supermajority vote of the Town Board for the approval of a formal Planned Development District application." Summary of Proposed Law Currently, a simple majority vote of the Town Board is required to adopt a particular change in zone known as a Planned Development District, or a "PDD.' The purpose of this local law is to require a supermajority vote of the Town Board for the approval of a formal Planned Development District application. If adopted, this local law is subject to a mandatory referendum at the general election to be held on November 8, 2011. Generated 7/13/2011 Page 5 Southampton Town Board - Letter Board Meeting of July 12, 2011 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 [UNANTMOUS] MOVER: Anna Throne-Hoist, Supervisor SECONDER: Bridget Fleming, Councilwoman AYES: Anna Throne-Hoist, ]ames Malone, Bridget Fleming, Chris Nuzzi ABSENT: Nancy Graboski Generated 7/13/2011 Page 6