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HomeMy WebLinkAboutSH RES 847,848,857,858,860Southampton Town Board 116 Hampton Road Southampton, NY 11968 Sundy A. Schermeyer Town Clerk Telephone: (631) 257-5740 Fax: (631) 283-5606 Hampton Bays Annex: (631) 723-2712 August 25, 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~southamotontownnv.uov. Please be advised that the Town Board, at a meeting held on August 23, 2011 6:00 PM, reviewed the following resolution(s): Resolution RES-2011-847 Adopted [3 to 2] Resolution of Adoption 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 ora Formal Planned Development District Application, or the Amendment of an Approved Planned Development District Project Resolution RES-2011-848 Adopted [4 to 1] Resolution Directing Submission of Ballot Proposition and Abstract, Together with Spanish Translation, Regarding the Amendment of 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, or the Amendment of an Approved Planned Development District Project, to the Board of Elections Resolution RES-2011-857 Adopted [Unanimous] Notice of Public Hearing to Consider Amending Town Code §330-163 (Organization and general procedure) of Article XVII! (Board of Appeals) to Reduce the Zoning Board Membership from Seven to Five, and to Lengthen the Term of Appointment from Four Years to Five Resolution RES-2011-858 Adopted [Unanimous] Notice of Public Hearing to Consider Amending Town Code §330-181 (Applicability of Site Plan Procedure and Standards; Organization of the Planning Board) to Reduce the Planning Board Membership from 5even to Five and to Lengthen the Term of Appointment from Four Years to Five Generated 8/25/2011 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 August 25, 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 August 23, 2011 6:00 PM, reviewed the following resolution(s): Resolution RES-2011-847 Adopted [3 to 2] Resolution of Adoption Amending Town Code §330-244 (Applications; Review Procedure) of Article XXW (Planned Development District) to Require a Supermajority Vote of the Town Board for the Approval of a Formal Planned Development District Application, or the Amendment of an Approved Planned Development District Project Resolution RES-2011-848 Adopted [4 to 1] Resolution Directing Submission of Ballot Proposition and Abstract, Together with Spanish Translation, Regarding the Amendment of 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, or the Amendment of an Approved Planned Development District Project, to the Board of Elections Resolution RES-2011-857 Adopted [Unanimous] Notice of Public Hearing to Consider Amending Town Code §330-163 (Organization and general procedure) of Article XVI:: (Board of Appeals) to Reduce the Zoning Board Plembership from Seven to Five, and to Lengthen the Term of Appointment from Four Years to Five Resolution RES-2011-858 Adopted [Unanimous] Notice of Public Hearing to Consider Amending Town Code §330-181 (Applicability of Site Plan Procedure and Standards; Organization of the Planning Board) to Reduce the Planning Board Plembership from Seven to Five and to Lengthen the Term of Appointment from Four Years to Five Generated 8/25/2011 Page i Southampton Town Board - Letter Board Meeting of August 23, 2011 Resolution RES-2011-860 Adopted [Unanimous] Notice of Public Hearing to Amend Town Code Article XXVIII to Revise the Criteria for a Town Landmark Designation and the Procedure for the Designation of Town Historic Districts Sincerely Yours, Sund¥ A. Schermeyer Town Clerk Generated 8/25/2011 Page 2 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 August25,2011 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 August 23, 2011 6:00 PM, reviewed the following resolution(s): Resolution RES-2011-847 Adopted [3 to 2] Resolution of Adoption Amending Town Code §330-244 (Applications; Review Procedure) of Article XXW (Planned Development District) to Require a Supermajority Vote of the Town Board for the Approval of a Formal Planned Development District Application, or the Amendment of an Approved Planned Development District Project CC: Michael Baldwin Janice D'Angelo Freda Eisenberg Christopher Nuzzi, Councilman John Capone, Network Admin Kim Myers Kathleen Murray Lisa Dunlap Nancy Graboski, Councilwoman Cindy Guerriero Kim Ottati Sundy Schermeyer, Town Clerk Tara Leach, Assistant 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 John Zucca relli Lorraine David Jefferson Murphree, Land Management David Wilcox Diane Neill, PR Planner Jacqueline Sherman-Smith, Principal Planner John Blaney, Vice Chairman Janice Wilson Kristen Tuffy Generated 8/25/2011 Page 1 Southampton Town Board - Letter Board Meeting of August 23, 2011 Janice Scherer Beth Kamper, 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 Rebecca 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 Sarah Lansdale, Director L.I. State Park Commission Laura 3. 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 RES-2011-848 Adopted [4 to 1] Resolution Directing Submission of Ballot Proposition and Abstract, Together with Spanish Translation, Regarding the Amendment of 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, or the Amendment of an Approved Planned Development District Project, to the Board of Elections CC: Michael Baldwin Janice D'Angelo Freda Eisenberg Christopher Nuzzi, Councilman John Capone, Network Admin Kim Myers Kathleen Murray Lisa Dunlap Nancy Graboski, Councilwoman Cindy Guerriero Kim Ottati Sundy Schermeyer, Town Clerk Tara Leach, Assistant Sandra Cirincione Anna Throne-Hoist, Supervisor Tamara Wright, Comptroller Kathryn Scott Paul Rubano Karin 3ohnson 3ames Malone, Councilman Bridget Fleming, Councilwoman Russell Kratovill Tiffany Scarlato Dennis Finnerty, Planning Board Chairman John Zucca relli Lorraine David 3efferson Murphree, Land Management Generated 8/25/2011 Page 2 Southampton Town Board - Letter Board Meeting of August 23, 2011 David Wilcox Diane Neill, PR Planner Jacqueline Sherman-Smith, Principal Planner John Blaney, Vice Chairman Janice Scherer Beth Kamper, 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 Rebecca Molinaro, Village Clerk - Treasurer Michael Benincasa, Chief Building Tnspector 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 Sarah Lansdale, 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 Commissioners Resolution RES-2011-857 Adopted [Unanimous] Notice of Public Hearing to Consider Amending Town Code §$$0-165 (Organization and general procedure) of Article XVIII (Board of Appeals) to Reduce the Zoning Board Plembership from Seven to Five, and to Lengthen the Term of Appointment from Four Years to Five CC: Michael Baldwin Janice D'Angelo Freda Eisenberg Christopher Nuzzi, Councilman John Capone, Network Admin Kim Myers Kathleen Murray Lisa Dunlap Nancy Graboski, Councilwoman Cindy Guerriero Kim Ottati Sundy Schermeyer, Town Clerk Tara Leach, Assistant Sandra Cirincione Anna Throne-Hoist, Supervisor Tamara Wright, Comptroller Kathryn Scott Paul Rubano Karin 3ohnson 3ames Malone, Councilman Bridget Fleming, Councilwoman Russell Kratovill Tiffany Scarlato Dennis Finnerty, Planning Board Chairman Generated 8/25/2011 Page 3 Southampton Town Board - Letter Board Meeting of August 23, 2011 3ohn Zucca relli Lorraine David 3efferson Murphree, Land Management David Wilcox Diane Neill, PR Planner 3acqueline Sherman-Smith, Principal Planner 3ohn Blaney, Vice Chairman 3aneen Cevasco, Assistant 3anice Scherer Beth Kamper, 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 Rebecca 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 Sarah Lansdale, Director L.I. State Park Commission Laura 3. Delessandro, Village Cerk Honorable Dorothy Ogar, Town Clerk Honorable Diane Wilhelm, Town Clerk Georgia Welch, Village Clerk Tim Laube, Clerk Andrew Freleng, Chief Planner Adam Grossman Ann Nowak, Esq. Brian Desesa Kathryn Garvin Keith Tuthill David Reilly, Member, ZBA Kandice Cowell Resolution RES-2011-858 Adopted [Unanimous] Notice of Pubfic Hearing to Consider Amending Town Code §330-181 (Applicability of Site Plan Procedure and Standards; Organization of the Planning Board) to Reduce the Planning Board Membership from Seven to Five and to Lengthen the Term of Appointment from Four Years to Five CC: Michael Baldwin Janice D'Angelo Freda Eisenberg Christopher Nuzzi, Councilman John Capone, Network Admin Kim Myers Kathleen Murray Lisa Dunlap Nancy Graboski, Councilwoman Cindy Guerriero Kim Ottati Sundy Schermeyer, Town Clerk Tara Leach, Assistant Sandra Cirincione Generated 8/25/2011 Page 4 Southampton Town Board - Letter Board Meeting of August 23, 2011 Anna Throne-Hoist, Supervisor Tamara Wright, Comptroller Kathryn Scott Paul Rubano Karin 3ohnson 3ames Malone, Councilman Bridget Fleming, Councilwoman Russell Kratovill Tiffany Scarlato Dennis Finnerty, Planning Board Chairman 3ohn Zucca relli Lorraine David 3efferson Murphree, Land Management David Wilcox Diane Neill, PR Planner 3acqueline Sherman-Smith, Principal Planner 3ohn Blaney, Vice Chairman 3aneen Cevasco, Assistant 3anice Scherer Beth Kamper, 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 Rebecca 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 Sarah Lansdale, Director L.I. State Park Commission Laura 3. 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 RES-2011-860 Adopted [Unanimous] Notice of Pubfic Hearing to Amend Town Code Article XXVIII to Revise the Criteria for a Town Landmark Designation and the Procedure for the Designation of Town Historic Districts CC: Michael Baldwin Christopher Nuzzi, Councilman 3ohn Capone, Network Admin Kim Myers Kathleen Murray Lisa Dunlap Nancy Graboski, Councilwoman Cindy Guerriero Kim Ottati Sundy Schermeyer, Town Clerk Tara Leach, Assistant Sandra Cirincione Anna Throne-Hoist, Supervisor Tamara Wright, Comptroller Generated 8/25/2011 Page 5 Southampton Town Board - Letter Board Meeting of August 23, 2011 Kathryn Scott Paul Rubano Karin 3ohnson 3ames Malone, Councilman Bridget Fleming, Councilwoman Russell Kratovill Tiffany Scarlato Dennis Finnerty, Planning Board Chairman Lorraine David 3efferson Murphree, Land Management David Wilcox Diane Neill, PR Planner 3acqueline Sherman-Smith, Principal Planner 3oseph Burke 3aneen Cevasco, Assistant 3anice Scherer Historic Landmarks Board 3anet 3ohnson Zachary Studenroth Beth Kamper, 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 Rebecca 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 Sarah Lansdale, Director L.I. State Park Commission Laura 3. Delessandro, Village Cerk Honorable Dorothy Ogar, Town Clerk Honorable Diane Wilhelm, Town Clerk Georgia Welch, Village Clerk Tim Laube, Clerk Andrew Freleng, Chief Planner Lin Marzano Sincerely Yours, Sund¥ A. Schermeyer Town Clerk Generated 8/25/2011 Page 6 Southampton Town Board - Letter Board Meeting of August 23, 2011 RESOLUTION 2011-847 ADOPTED Item # 6.25 DOC ID: 13557 Resolution of Adoption 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, or the Amendment of an Approved Planned Development District Project WHEREAS, the Town Board is considering 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, or the amendment of an approved Planned Development District project, exclusive of Agricultural PDDs; and WHEREAS, public hearings were held on August 9, 2011, and August 23, 2011, at which time all persons either for or against said enactment were heard; and WHEREAS, the Department of Land Management has advised the Town Board that this proposed local law is considered a "Type II Action" under 6 NYCRR Part 617.5, provisions of the New York State Environmental Quality Review Act (SEQRA) and Chapter 157 of the Town Code, and that no further review under New York Conservation Law, Article 8, is necessary; now therefore be it RESOLVED, that Local Law No. of 2011 is hereby adopted as follows: LOCAL LAW NO. OF 2011 A LOCAL LAW 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, or the amendment of an approved Planned Development District project, exclusive of Agricultural PDDs. BE IT 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 Town Board recognizes that, given the time invested in PDD projects, by both the applicant and the Board, the complexity often surrounding PDD projects, the scale of said projects in relation to the surrounding community, and the potential resultant impacts of said projects, formal PDD applications, and the amendment of any approved PDD project, should be held to a higher standard. Generated 8/25/2011 Page 7 Southampton Town Board - Letter Board Meeting of August 23, 2011 Thus, 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, or the amendment of an approved PDD project, exclusive of Agricultural PDDs. Because Agricultural PDDs seek to preserve the zoning designation, or stated differently, the status quo, of precious and valuable farmland within the Town of Southampton, the supermajority requirement is not sought for these projects. If adopted, this local law is subject to a mandatory referendum at the general election to be held on November 8, 2011, pursuant to Municipal Home Rule Law §23(2)(f). SECTTON 2. Amendment. Subsection (T) (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. T. 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 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 §330-245of 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. Generated 8/25/2011 Page 8 Southampton Town Board - Letter Board Meeting of August 23, 2011 [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, or the amendment of an approved PDD project, exclusive of Agricultural PDDs, which shall be subject to a simple majority vote. SECTTON 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: "EXCLUSIVE OF AGRICULTURAL PLANNED DEVELOPMENT DISTRICT (PDD) PROTECTS, SHALL A SUPERMAIORITY VOTE OF THE TOWN BOARD BE REQUIRED FOR THE APPROVAL OF A FORMAL PDD APPLICATION, OR THE AMENDMENT OF AN APPROVED PDD PROTECT?" SECTTON 4. Authority. The proposed local law requiring a supermajority vote of the Town Board for the approval of a formal Planned Development District (PDD) application, or the amendment of an approved PDD project, exclusive of Agricultural PDDs, is enacted pursuant to Municipal Home Rule Law §§10(1)(ii)(a)(ll) and (12), as well as §10(1)(ii)(d)(3). SECTTON 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, or the amendment of an approved PDD project, exclusive of Agricultural PDDs, is expressly intended to supersede the provisions of Town Law 2265. SECTTON 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. SECTTON 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 publish the Generated 8/25/2011 Page 9 Southampton Town Board - Letter Board Meeting of August 23, 2011 following Notice of Adoption: NOTICE OF ADOPTION TAKE NOTICE that, after public hearings were held by the Town Board of the Town of Southampton on August 9, 2011, and August 23, 2011, the Town Board, at its meeting of August 23, 2011, adopted LOCAL LAW NO. of 2011 as follows: "A LOCAL LAW 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, or the amendment of an approved Planned Development District project, exclusive of Agricultural PDDs.' If adopted, this local law is subject to a mandatory referendum at the general election to be held on November 8, 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 Impact: None. RESULT: ADOPTED [3 TO 2] HOVER: Anna Throne-Hoist, Supervisor SECONDER: Bridget Fleming, Councilwoman AYES: Anna Throne-Hoist, Nancy Graboski, Bridget Fleming NAYS:lames Malone, Chris Nuzzi Generated 8/25/2011 Page 10 Southampton Town Board - Letter Board Meeting of August 23, 2011 RESOLUTION 2011-848 ADOPTED Item # 6.26 DOC ID: 13558 Resolution Directing Submission of Ballot Proposition and Abstract, Together with Spanish Translation, Regarding the Amendment of 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, or the Amendment of an Approved Planned Development District Project, to the Board of Elections WHEREAS, on August 23, 2011, the Town Board of the Town of Southampton, by Resolution No. 847 of 2011, authorized the adoption of a local law 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, or the amendment of an approved Planned Development District project, exclusive of Agricultural PDDs; and WHEREAS, said resolution is subject to a mandatory referendum at the general election to be held on November 8, 2011; now therefore be it RESOLVED, that the Town Clerk is hereby authorized to send a certified copy of Resolution No. 847 of 2011, and the following ballot proposition and abstract, together with a Spanish translation, to the Suffolk County Board of Elections, Yaphank Avenue, Yaphank, New York, for inclusion on the ballot at the November 8, 2011, general election: PROPOSITION NO. For Submission to the Electors of the Town of Southampton At the next general election to be held on November 8, 2011 "EXCLUSIVE OF AGRICULTURAL PLANNED DEVELOPMENT DISTRICT (PDD) PROIECTS, SHALL A SUPERMAJORITY VOTE OF THE TOWN BOARD BE REQUIRED FOR THE APPROVAL OF A FORMAL PDD APPLICATION, OR THE AMENDMENT OF AN APPROVED PDD PROJECT?" ABSTRACT OF PROPOSITION 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 Town's Planned Development District legislation, or Town Code {}330-244, the Town Board seeks to address approvals of PDD applications. Specifically, the Town Board recognizes that, given the time invested in PDD projects, by both the applicant and the Generated 8/25/2011 Page 11 Southampton Town Board - Letter Board Meeting of August 23, 2011 Board, the complexity often surrounding PDD projects, the scale of said projects in relation to the surrounding community, and the potential resultant impacts of said projects, formal PDD applications, and the amendment of any approved PDD project, should be held to a higher standard. Thus, 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, or the amendment of an approved PDD project, exclusive of Agricultural PDDs. Because Agricultural PDDs seek to preserve the zoning designation, or stated differently, the status quo, of precious and valuable farmland within the Town of Southampton, the supermajority requirement is not sought for these projects This local law is subject to a mandatory referendum pursuant to Municipal Home Rule Law §23(2)(f), since it seeks to abolish, transfer, or curtail a power of an elective officer(s). Tf approved, this local law would supersede that part of the provisions of Town Law §265 which requires a simple majority vote of the Town Board. Fiscal Tmpact: None. RESULT: ADOPTED [4 TO 1] MOVER: Anna Throne-Hoist, Supervisor SECONDER: Bridget Fleming, Councilwoman AYES: Anna Throne-Hoist, ]ames Malone, Nancy Graboski, Bridget Fleming NAYS: Chris Nuzzi Generated 8/25/2011 Page 12 Southampton Town Board - Letter Board Meeting of August 23, 2011 RESOLUTION 2011-857 ADOPTED Item # 6.35 DOC ID: 13577 Notice of Public Hearing to Consider Amending Town Code {}330-163 (Organization and general procedure) of Article XVIII (Board of Appeals) to Reduce the Zoning Board Membership from Seven to Five, and to Lengthen the Term of Appointment from Four Years to Five RESOLVED, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on September 27, 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 {}330-163 (Organization and general procedure) of Article XVIII (Board of Appeals) to reduce the Zoning Board membership from seven to five, and to lengthen the term of appointment from four years to five," which provides as follows: LOCAL LAW NO. OF 2011 A LOCAL LAW amending Town Code {}330-163 (Organization and general procedure) of Article XVIII (Board of Appeals) to reduce the Zoning Board membership from seven to five, and to lengthen the term of appointment from four years to five. BE IT ENACTED by the Town Board of the Town of Southampton as follows: SECTTON 1. Legislative Tntent. Given the current economic climate, the Town Board of the Town of Southampton has taken the opportunity to carefully review the finances, expenditures, and costs within the Town in an effort to minimize its operating expenses. After measured thought and careful consideration, the Town Board finds that one such cost-saving solution is to reduce the membership of the Zoning Board of Appeals from seven members to five. In addition, in an effort to maintain consistency with Town Law, this law seeks to lengthen the term of appointment from four years to five, or equal to the number of members on the board. SECTTON 2. Amendment. Town Code 330-163 (Organization and general procedure) of Article XVIII (Board of Appeals), is hereby amended by deleting the stricken words and adding the underlined words as follows: §330-163. Organization and general procedure. The Board of Appeals, consisting of scvc.n five members, was duly constituted and organized by the Building Zone Ordinance of the Town of Southampton adopted on October 1, 1957, and the same shall continue in existence, and the members thereof and their terms of office shall continue as heretofore established. The method of appointment, terms of office and tenure of its members shall be as prescribed by law Generated 8/25/2011 Page 13 Southampton Town Board - Letter Board Meeting of August 23, 2011 herein. The Board shall have all the powers and duties prescribed by law and by this chapter. The Board shall appoint a Secretary and shall prescribe rules for the conduct of its affairs. All meetings of the Board of Appeals shall be open to the public. A quorum shall consist of .... three members. Every decision by the Board shall be by resolution and shall contain a full record of the findings of the Board in the particular case. Any person appointed as a member of the Zoning Board shall serve for a term of .... five years, at such compensation as may from time to time be fixed by the Town Board. After the expiration of the terms of the members serving on the Zoning Board, any member reappointed, or any successor in office, shall serve for a term of fo'dr five years. Tf a vacancy shall occur other than by expiration of term, it shall be filled by the Town Board by appointment for the unexpired term. However, no such appointment shall exceed four five years. Any new appointment, reappointment, or appointment to a vacancy shall not exceed .... five years. The Town Board shall designate the Chairperson and Vice Chairperson of the Zoning Board of Appeals. Tn the absence of the Chairperson, the Vice Chairperson shall serve as Chairperson. The designation of Chairperson and Vice Chairperson may be withdrawn at the pleasure of the Town Board. The affected member will continue to serve as members unless removed by cause pursuant to Town Law. All members of the Board of Appeals shall be required to meet the training and continuing education requirements as set forth in Chapter 62, Article T, of the Town Code. SECTTON 3. Authority. The proposed local law is enacted pursuant to Municipal Home Rule Law §10(1)(ii)(a)(1) and §10(1)(ii)(d)(3), as well as Town Law §§267(5) and 267(7). SECTTON 4. Applicability. Pursuant to Town Law §267(7), that part of this local law which seeks to reduce the Zoning Board from seven members to five, shall take effect upon the next two expirations of terms on the Zoning Board; no incumbent shall be removed from office except upon the expiration of his or her term. SECTTON 5. Severability. If any section or subsection, paragraph, clause, phrase or provision of this law shall be judged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. Generated 8/25/2011 Page 14 Southampton Town Board - Letter Board Meeting of August 23, 2011 SECTION 6. Effective Date. This Local Law shall take effect upon filing with the Secretary of State pursuant to Municipal Home Rule Law. AND BE IT FURTHER RESOLVED, that the Town Clerk is hereby 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 shall hold a public hearing on September 27, 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 {}330-163 (Organization and general procedure) of Article XVIII (Board of Appeals) to reduce the Zoning Board membership from seven to five, and to lengthen the term of appointment from four years to five." Summary of Proposed Law Given the current economic climate, the Town Board of the Town of Southampton has taken the opportunity to carefully review the finances, expenditures, and costs within the Town in an effort to minimize its operating expenses. After measured thought and careful consideration, the Town Board finds that one such cost-saving solution is to reduce the membership of the Zoning Board of Appeals from seven members to five. In addition, in an effort to maintain consistency with Town Law, this law seeks to lengthen the term of appointment from four years to five, or equal to the number of members on the board. Copies of the proposed law, sponsored by Councilwoman Nancy Graboski, 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 Impact: To be inserted by Comptroller. RESULT: ADOPTED [UNANIMOUS] MOVER: Nancy Graboski, Councilwoman SECONDER: ]ames Malone, Councilman AYES: Throne-Hoist, Malone, Graboski, Fleming, Nuzzi Generated 8/25/2011 Page 15 Southampton Town Board - Letter Board Meeting of August 23, 2011 RESOLUTION 2011-858 ADOPTED Item # 6.36 DOC ID: 13578 Notice of Public Hearing to Consider Amending Town Code {}330-181 (Applicability of Site Plan Procedure and Standards; Organization of the Planning Board) to Reduce the Planning Board Membership from Seven to Five and to Lengthen the Term of Appointment from Four Years to Five RESOLVED, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on September 27, 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 Chapter {}330-181 (Applicability of Site Plan Procedure and Standards; Organization of the Planning Board) to reduce the Planning Board membership from seven to five, and to lengthen the term of appointment from four years to five," which provides as follows: LOCAL LAW NO. OF 2011 A LOCAL LAW amending Town Code Chapter {}330-181 (Applicability of Site Plan Procedure and Standards; Organization of the Planning Board) to reduce the Planning Board membership from seven to five, and to lengthen the term of appointment from four years to five. BE [T ENACTED by the Town Board of the Town of Southampton as follows: SECTTON 1. Legislative Tntent. Given the current economic climate, the Town Board of the Town of Southampton has taken the opportunity during its preparation of the annual budget, to carefully review the finances, expenditures, and costs within the Town in an effort to minimize all unnecessary expenses. After measured thought and careful consideration, the Town Board finds that one such cost- saving solution is to reduce the membership of the Planning Board from seven members to five. Tn addition, in an effort to maintain consistency with Town Law, this law seeks to lengthen the term of appointment from four years to five, or equal to the number of members on the board. SECTTON 2. Amendment. Town Code {}330-181 is hereby amended by deleting stricken words and adding the underlined words as follows: §330-181. Applicability of site plan procedure and standards; organization of Planning Board. An application for a building permit for any use, building or structure shall require site plan approval by the Town Planning Board or, if eligible pursuant to {}330-183.1 of this chapter, an administrative site plan approval by the Town Planning and Generated 8/25/2011 Page 16 Southampton Town Board - Letter Board Meeting of August 23, 2011 Development Administrator, except for the following: (1) One and two-family detached dwellings; or (2) Agricultural buildings and structures; or (3) Tn a nonresidential zoning district, commercial interior renovations for a permitted use that do not increase the required parking, provided that the building permit is accompanied by a commercial compliance certification issued by the Chief Building Tnspector pursuant to the standards outlined in § 330-183.4 below. (4) A change in tenancy from one permitted use to another permitted use, provided both permitted uses are within the same use classification within the Table of Business Use Regulations as found in 2330-11 of the Town Code and the change of tenancy does not increase the required parking, and provided that the building permit is accompanied by a commercial compliance certification issued by the Chief Building Tnspector pursuant to the standards outlined in 2330-183.4 below. Notwithstanding the requirements of §330-181A, any one- and two-family detached residential dwellings, including accessory structures, that are to be situated on a lot equal to or greater than 15 acres and located within the Agricultural Overlay District as defined by Article X of this chapter shall also require site plan review and approval by the Town Planning Board. Tn all cases where site plan approval is required by §§330-181 through 330-184 inclusive, no building permit shall be issued by the Building Tnspector except upon authorization of and in conformity with plans approved by the Planning Board or an administrative site plan approval by the Town Planning and Development Administrator. The Planning Board, currently consisting of sc,;cn five members, was a duly constituted and organized Board prior to the Building Zone Ordinance of the Town of Southampton adopted on October 1, 1957, and the same shall continue in existence, and the members thereof and their terms of office shall continue as heretofore established. The Town Board shall by resolution appoint the members of such Board and designate the Chairperson and Vice Chairperson thereof. Tn the absence of the Chairperson, the Vice Chairperson shall serve as Chairperson. The designation of Chairperson and Vice Chairperson may be withdrawn at the pleasure of the Town Board. The affected member will continue to serve as a member unless removed for cause pursuant to Town Law. The Planning Board shall appoint a Secretary and shall prescribe rules for the conduct of its affairs. Any person appointed as a member of the Planning Board shall serve for a term of fo'dr five years, at such compensation as may from time to time be fixed by the Town Board. After the expiration of the terms of the members serving on the Planning Generated 8/25/2011 Page 17 Southampton Town Board - Letter Board Meeting of August 23, 2011 Board, any member reappointed, or any successor in office, shall serve for a term of four five years. Tf a vacancy shall occur other than by expiration of term, it shall be filled by the Town Board by appointment for the unexpired term. However, no such appointment shall exceed four five years. Any new appointment, reappointment, or appointment to a vacancy shall not exceed .... five years. All meetings of the Planning Board shall be open to the public. A quorum shall consist of ~: .... .... three members. Every decision of the Board shall be by resolution and shall contain a full record of the findings of the Board in the particular case. All members of the Planning Board shall be required to meet the training and continuing education requirements as set forth in Chapter 62, Article T, of the Town Code. SECTION 3. Authority. The proposed local law is enacted pursuant to Town Law §§271(5) and 271(7), as well as Municipal Home Rule Law §10(1)(ii)(a)(1) and §10(1)(ii)(d)(3). SECTION 4. Applicability. Pursuant to Town Law §271(7), that part of this local law which reduces the number of Planning Board members from seven to five shall take effect upon the next two expirations of terms on the Planning Board; no incumbent shall be removed from office except upon the expiration of his or her term. SECTION 5. Severability. If any section or subsection, paragraph, clause, phrase or provision of this law shall be judged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. SECTION 6. 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 September 27, 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 Generated 8/25/2011 Page 18 Southampton Town Board - Letter Board Meeting of August 23, 2011 local law entitled: "A LOCAL LAW amending Town Code Chapter §330-181 (Applicability of Site Plan Procedure and Standards; Organization of the Planning Board) to reduce the Planning Board membership from seven to five, and to lengthen the term of appointment from four years to five." Summary of Proposed Law Given the current economic climate, the Town Board of the Town of Southampton has taken the opportunity during its preparation of the annual budget, to carefully review the finances, expenditures, and costs within the Town in an effort to minimize all unnecessary expenses. After measured thought and careful consideration, the Town Board finds that one such cost- saving solution is to reduce the membership of the Planning Board from seven members to five. In addition, in an effort to maintain consistency with Town Law, this law seeks to lengthen the term of appointment from four years to five, or equal to the number of members on the board. Copies of the proposed law, sponsored by Councilwoman Nancy Graboski, 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 Impact: To be inserted by Comptroller. RESULT: ADOPTED [UNANIMOUS] MOVER: Nancy Graboski, Councilwoman SECONDER: ]ames Malone, Councilman AYES: Throne-Hoist, Malone, Graboski, Fleming, Nuzzi Generated 8/25/2011 Page 19 Southampton Town Board - Letter Board Meeting of August 23, 2011 RESOLUTION 2011-860 ADOPTED Item # 6.38 DOC ID: 13561 Notice of Public Hearing to Amend Town Code Article XXVlll to Revise the Criteria for a Town Landmark Designation and the Procedure for the Designation of Town Historic Districts BE IT RESOLVED, that the Town Board hereby directs that a public hearing shall be held on September 27, 2011, at 6:00 p.m., at the Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against a proposed local law entitled: "A LOCAL LAW amending Article XXVIII (Landmarks and Historic Districts and Heritage Resource Areas) of the Southampton Town Code to Revise the Criteria for a Town Landmark Designation and the Procedure for the Designation of Town Historic Districts," which provides as follows: LOCAL LAW NO. OF 2011 A LOCAL LAW amending Article XXVIII (Landmarks and Historic Districts and Heritage Resource Areas) of the Southampton Town Code to Revise the Criteria for a Town Landmark Designation and the Procedure for the Designation of Town Historic Districts. BE IT ENACTED by the Town Board of the Town of Southampton as follows: SECTTON 1. Legislative Tntent. As articulated in the 1999 Comprehensive Plan Update, the historic and cultural pasts of Southampton Town are integral to our sense of place, sense of community, economy, and attraction as a visitor destination and second home market. Historic resources add greatly to Southampton's scenic quality, sense of place, developmental heritage, and aesthetic character. As such, they contribute significantly to the continued economic vitality of the Town, both in terms of local business development, and the tourism that many of the Town's residents and businesses rely upon. In order for these resources to be adequately protected, the Town Board recognizes that this historic identity must be recognized and preserved. The goal of historic preservation is to preserve continuity with the past, not the isolation of the past. Indeed, the continuity of our cultural heritage both anticipates and encourages ongoing change and development. Historic properties are recognized as resources important to the ongoing development of our communities. In order to increase community awareness of historic structures and ensure that these structures are given due consideration prior to alterations that may affect their historic integrity it is necessary to provide both a procedure for the designation of landmarks and historic districts and for the issuance of a Certificate of Appropriateness (COA). A historic district is a distinct area or concentration of structures that are highly intact and emulate a specific period, architectural style or are considered a significant historic resource for the hamlet or for the Town. Designations are normally considered prestigious recognitions and have the added effect of preserving or increasing property values. In addition historic districts allow for individuals to request landmark status for their properties Generated 8/25/2011 Page 20 Southampton Town Board - Letter Board Meeting of August 23, 2011 and once obtained, apply for the purchase of fa(;ade easements or tax credits to offset the costs of maintenance or rehabilitation. Currently, a historic resources survey is under way in the Town, which is scheduled to be completed in November 2011. The survey will identify buildings, structures and/or sites that meet the eligibility criteria outlined in the Town Code and that adhere to the Secretary of the Tnterior's Standards and Guidelines for Tdentification and Evaluation. This type of reconnaissance is the most basic approach for systematically documenting and evaluating historic buildings. Based on fieldwork and accepted methodology, the Survey will include recommendations for the designation of landmarks and historic districts. Tn anticipation of the survey results, these amendments seek to revise the existing criteria and streamline the procedure for designation of Town landmarks and historic districts in order to better balance the objective of historic preservation with protecting the rights of property owners to ensure the goals of the comprehensive plan are met. SECTION 2. Amend Article XXVIII. Article XXVTTT of the Southampton Town Code is hereby amended by adding the underlined words and deleting the stricken words as follows: §330-320. Landmarks and Historic Districts Board. The Town Landmarks and Historic Districts Board~,..~*"~ "~-'~"~w., ~ is hereby established. The Board shall consist of nine Town residents to be appointed by the Town Board and, to the extent available in the community, shall be representative of the entire Southampton Town community and drawn from the following disciplines: architecture, architectural history, archaeology, local history, law, historic preservation and real estate. All members shall have demonstrated significant interest in and commitment to the field of historic preservation or related fields and shall have a known interest in historic, cultural, and architectural development within the Town of Southampton. The Southampton Town Historian shall serve as an ex- officio member of the Landmarks and Historic Districts Board. Landmarks and Historic District Board members shall serve for a term of three years, with the exception of the initial term of one of the members which shall be one year, two for two years and two for three years. Members may serve for more than one term. The Chairman shall be annually selected by the Town Board. The Town Board may elect to designate a Vice Chairman and Secretary. Administrative support for the Landmarks and Historic Districts Board shall be provided by the Department of Land Management, which shall also perform records management, prepare minutes and agendas, and receive and distribute correspondence on behalf of the Board. The Landmarks and Historic District Board shall adopt rules of procedure as it may deem necessary to the proper exercise of its responsibilities. F. The Landmarks and Historic District Board shall be empowered to: Generated 8/25/2011 Page 21 Southampton Town Board - Letter Board Meeting of August 23, 2011 (1) Conduct surveys of significant historic, architectural and cultural landmarks and historic districts within the Town. (2) Recommend the designation of significant historic, architectural and cultural landmarks and the establishment of historic districts to the Town Board. (3) Increase public awareness of the value of historic, architectural and cultural preservation by developing, implementing and participating in public education programs. (4) Make recommendations to the Town Board concerning the donation or acquisition of facade easements, development rights or other interests in real property as necessary. (5) Make recommendations to the Town Board concerning the utilization of state or private funds to promote the preservation of landmarks and historic districts within the Town of Southampton. (6) Recommend acquisition of a landmark structure by the Town Board where its preservation is essential to the purposes of this act and where private preservation is not feasible. (7) Make recommendations to the Town Board regarding staff and professional consultants necessary to carry out the duties of the Board. (8) Engage in opportunities for professional development. (9) Approve or disapprove applications for certificates of appropriateness. (10) Recommend site selection as Hamlet Heritage Resource Areas. The Town Landmarks and Historic Districts Board Cultural Resources Subcommittee is hereby established. The Cultural Resources Subcommittee shall consist of at least three Town residents and may include ex-officio members duly recognized by the Landmarks and Historic Districts Board. All members shall have demonstrated significant interest in and commitment to the field of historic preservation or related fields and shall have a known interest in archaeology. The terms of office of the members of the Cultural Resources Subcommittee shall run concurrent with the terms of the Landmarks and Historic Districts Board appointments, unless otherwise designated by the Landmarks and Historic Districts Board. (1) The Cultural Resources Subcommittee shall be empowered to: (a) Research and identify possible historic or archaeologically sensitive lands in the Town of Southampton. (b) Recommend a structured archaeological process for the Town. (c) Make recommendations to the Town Board regarding professional consultants necessary to carry out archaeological services. (d) Review and comment on archaeological reports of sensitive lands in Generated 8/25/2011 Page 22 Southampton Town Board - Letter Board Meeting of August 23, 2011 the Town. (e) Work closely with the Landmarks and Historic Districts Board, the Planning Board, and the Town Board to make recommendations regarding archaeologically sensitive lands in the Town, including but not limited to potential burial grounds, sacred sites, and places that may hold subsurface cultural resources. §330-321. Procedure and criteria for designation of landmarks or historic districts. All applications for the designation of a landmark or historic district shall be submitted to the Town Clerk and forwarded to the Landmarks and Historic Districts Board for review. Upon a determination of completeness by the Landmarks and Historic Districts Board, the Landmarks and Historic Districts Board shall submit an advisory report to the Town Board. Upon the submission of an advisory report by the Landmarks and Historic Districts Board, the Town Board sh~ll may designate landmarks ~.nd h!stor!c d!str!cts based on the following criteria, after a public hearing in accordance with this article and with the written consent of the property owner. (1) The Town Board may designate an individual property as a landmark if it meets one or more of the following criteria: (a) (b) Possesses special character or historic or aesthetic interest of value as part of the cultural, political, economic or social history of the locality, region, state or nation; ~F TS identified with historic personages or is the site of an historic event in the Town, state, or nation; ~F (c) Embodies the distinguishing characteristics of an architectural type, period, or style or contains elements of design, details, materials or craftsmanship which represent a significant innovation; ~F (d) Is the work of a designer, engineer, builder, artist, or architect whose work has significantly influenced an age; ~-- (e) Because of a unique location or singular physical characteristic, represents an established and familiar visual feature of the neighborhood2 (f) Qualifies for inclusion on the State or National Registers of Historic Places. (2) The Town Board may designate a group of properties as an historic district after a public hearing in accordance with this article if it: (a) Contains properties which meet one or more of the criteria for designation of a landmark; and (b) By reason of possessing such qualities, it constitutes a distinct section of the Town of Southampton; and Generated 8/25/2011 Page 23 Southampton Town Board - Letter Board Meeting of August 23, 2011 (c) Receives a petition indicating the consent of a minimum of 20% of the property owners within the area to be designated. (i) Religious institutions: Upon application to the Town Board, said Board may, exclude a religious institution from an historic district. For purposes of this subsection, a "religious institution" shall be defined as such organization, association or corporation as complies with the requirements set forth in ~420-a, 420-b (Nonprofit organizations), 460 and 462 of the New York Real Property Tax Law and shall have tax-exempt status as determined by the Assessor of the Town of Southampton. (ii) School district properties: School district properties shall be excluded from the formation of an historic district. For the purposes of this subsection, said property shall be those properties that are exempt from taxation pursuant to ~ 408 of the Real Property Tax Law, and any amendments thereto, and that such property has tax-exempt status as determined by the Assessor of the Town of Southampton. B~. C__. The boundaries of each historic district designated henceforth shall be specified by a survey or map filed in the Town Clerk's office. C~.D__. The Town Board shall refer all~vv,,~.,v,,.~--"~*'~-~ proposed designations ~-,v, .~.,~,,~.,~,,a~'--~*'~- of the Town Planning Board for co,,m,,mcnts an advisory report prior to any action. D~. E__. Hearing; notice; actions during designation process. (1) The Town Board shall hold a public hearing prior to designation of any landmark or historic district. Notice of a proposed designation of property as either an historic landmark or of its inclusion in an historic district shall be sent by certified mail to the owner(s) of record thereof, describing the property proposed and announcing a public hearing by the Town Board to consider the designation. The Town Board shall hold such a public hearing within 45 days of receipt of an advisory report from the Landmarks Board regarding the ~ rccommcnd~t!on of proposed designation. Notice shall be published in the official newspaper at least 10 days prior to the date of the public hearing. (2) Once the Town Board has authorized the publication of a proposed designation, no building permits for demolition may be issued for a proposed landmark or a structure which constitutes a contributing element of a proposed historic district and no building permits shall be issued for substantial alterations or addition for a proposed landmark or a structure which constitutes a contributing element of a proposed district. (3) Nothing contained in {}330-?,9D(2) 321E(2) shall prohibit an owner of a property proposed for landmark designation or for inclusion in an historic district from applying for a certificate of appropriateness pursuant to this chapter although the designation process has not been completed. Generated 8/25/2011 Page 24 Southampton Town Board - Letter Board Meeting of August 23, 2011 (4) The Town Board shall render a determination within 45 days of the close of the public hearing and written record on the proposed designation. E~. F__. At the public hearing, the Town Landmarks and Historic Districts Board, owners and any interested parties may present testimony or documentary evidence which will become part of a record regarding the historic, architectural or cultural importance of the proposed landmark or historic district. The Town Board may request any other information it deems reasonable and necessary to make its determination. The record may also contain staff reports, public comments or other evidence offered outside of the hearing. ~ G. The Town Board may adopt specific and unique criteria for the review of certificates of appropriateness in a newly designated historic district. The Town Clerk shall forward notice of each property designated as a landmark and of the boundaries of each designated historic district to the office of the Suffolk County Clerk for recording. §330-322. Certificate of appropriateness for alteration, demolition or new construction affecting landmarks or historic districts. Nothing in this article shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a landmark or property within an historic district which does not involve a change in design, material, color or outward appearance. No person shall carry out any exterior alteration, restoration, reconstruction, demolition, new construction or moving of a landmark e~ o_r property within an historic district, nor shall any person make any material change in the appearance of such a property, its light fixtures, signs, sidewalks, fences, steps, paving or other exterior elements visible from a public street or alley, without first obtaining a certificate of appropriateness from the Landmarks and Historic District Board. §330-323. Criteria for approval of certificate of appropriateness. In passing upon an application for a certificate of appropriateness, the Landmarks and Historic District Board shall not consider changes to interior spaces or consider changes to architectural features that are not visible from a public street or alley. When reviewing plans relating to landmarks or properties within an historic district, the Landmarks and Historic District Board shall utilize and be guided by the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, a copy of which shall be available in the office of the Town Clerk, as well as the following principles: (1) Properties which contribute to the character of the historic district shall be retained, with their historic features altered as little as possible. (2) Any alteration of existing property shall be compatible with its historic character, as well as with the surrounding district. (3) New construction shall be compatible with the district in which it is located. Generated 8/25/2011 Page 25 Southampton Town Board - Letter Board Meeting of August 23, 2011 Tn applying the principle of compatibility, the Landmarks and Historic District Board shall consider the following factors: (1) The general design, character and appropriateness to the property of the proposed alteration or new construction. (2) The scale of proposed alteration or new construction in relation to the property itself, surrounding properties and the neighborhood. (3) Texture, materials and color and their relation to similar features of other properties in the neighborhood. (4) (5) Visual compatibility with surrounding properties, including proportion of the property's front facade, proportion and arrangement of windows and other openings within the facade, roof shape and the rhythm of spacing of properties on streets, including setbacks. The importance of historic, architectural or other features to the significance of the property. The Landmarks and Historic District Board may establish reasonable conditions for approval, including the following: (1) Tn an application for demolition, the documentation of the building and site by photographs, drawings or other appropriate means. (2) Prior to new construction, where warranted, the investigation for cultural remains on site. Access to any resulting information may be limited to protect archaeological sites. §330-324. A. Certificate of appropriateness application procedure. Prior to the commencement of any work requiring a certificate of appropriateness, the owner(s) or authorized representative shall file an application for such a certificate with the Department of Land Management. The application shall contain: (1) (2) (3) (4) (5) (6) Name, address and telephone number of applicant. Authorization for owner's agent or representative. Location, Tax Map designation and photographs of the property clearly indicating all public views. Elevation drawings showing existing conditions and proposed changes, if warranted. Perspective drawings, including relationship to adjacent properties, if warranted. Sample of color or materials to be used, if warranted. Generated 8/25/2011 Page 26 Southampton Town Board - Letter Board Meeting of August 23, 2011 (7) Where the proposal includes signs or lettering, a scale drawing showing the type of lettering to be used, all dimensions and colors, a description of materials to be used, method of illumination and a plan showing the sign's location on the property. (8) Any other information which the Board may deem necessary in order to visualize the proposed work. Preliminary plans, elevations, sketches and/or proposals may be submitted to the Landmarks and Historic District Board by the applicant for a preapplication conference prior to filing an application for a certificate of appropriateness. No building permit shall be issued for such proposed work until a certificate of appropriateness has first been issued by the Landmarks and Historic Districts Board. The certificate of appropriateness required by this chapter shall be in addition to and not in lieu of any building permit or other approval required by the Town Code of the Town of Southampton. The Landmarks and Historic District Board shall approve or deny, or approve with modifications, the application within *gO 913 days from receipt of the completed application. The Landmarks and Historic District Board may hold a public hearing on the application. If the public hearing is held, public notice shall appear in the official newspaper at least 10 days prior to the hearing, and information relative to the public hearing shall be posted on the subject property by the applicant. All decisions of the Landmarks and Historic District Board shall be in writing and filed with the Town Clerk. 325. 2330-326. Hardship criteria. A property owner seeking relief from landmark designation or inclusion in an historic district or an applicant whose certificate of appropriateness for a proposed demolition has been denied may apply for relief on the ground of hardship. Tn order to prove the existence of hardship, the applicant shall establish that: (1) The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence; and (2) The property cannot be adapted for any other use, whether by the current owner or by a prospective purchaser, which would result in a reasonable return; and (3) Efforts to find a purchaser interested in acquiring the property and preserving it have failed; and (4) There is an absence of responsibility on behalf of the applicant for any neglect of maintenance that may have contributed to the hardship; and (5) Any difficulty asserted by the applicant is in no manner self-created. An applicant whose certificate of appropriateness for a proposed alteration has been denied may appeal for relief on the ground of hardship, in order to prove the Generated 8/25/2011 Page 27 Southampton Town Board - Letter Board Meeting of August 23, 2011 existence of hardship, the applicant shall establish that he cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence. g ~ ~ ~330-325 Hardship application procedure After receiving written notification of a proposed designation of property as either an historic landmark or of its inclusion in an historic district or of the denial of a certificate of appropriateness, an applicant may request hardship relief from the Zoning Board of Appeals (the "Zoning Board"). No building permit or demolition permit shall be issued unless the Zoning Board makes a finding that a hardship exists. The Zoning Board shall hold a public hearing on the hardship application, upon at least 10 days' notice in the official Town newspaper. The applicant shall consult in good faith with the Landmarks and Historic District Board, local preservation groups and interested parties in a diligent effort to seek an alternative that will result in preservation of the property. All decisions of the Zoning Board shall be in writing and filed in the office of the Town Clerk. {}330-327. Maintenance and repair required. No owner or person with an interest in real property designated as a landmark or included within an historic district shall permit the property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature which would, in the judgment of the Landmarks and Historic Districts Board, produce a detrimental effect upon the character of the historic district as a whole or the life and character of the property itself. {}330-328. Enforcement. Tt shall be the duty of the Building Tnspector to administer and enforce the provisions of this article. {}330-329. Penalties for offenses. Violations of this article shall be subject to the penalties and procedures set forth in {}330- 186 of this chapter. {}330-330. Appeals. A. Any person aggrieved by a decision of the Zoning Board of Appeals relating to hardship may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules. Any person aggrieved by any other decision of the Landmarks and Historic Districts Board may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules. {}330-331. Hamlet Heritage Resource Areas. Generated 8/25/2011 Page 28 Southampton Town Board - Letter Board Meeting of August 23, 2011 Heritage resources are man-made objects at least 50 years old that are connected to human activity. These resources could be any buildings used to house human or animal activities, i.e., homes, sheds, garages, mills, barns, agricultural buildings, offices, schools, churches, commercial and public-use buildings. Tt could be structures such as bridges, canals, roads, docks, fences, monuments and sculptures. Tt could also be burying grounds, trails, archaeological and commemorative or historic sites. These resources, when grouped together, help convey the special heritage of an area. Hamlet Heritage Resource Area is an honorary title bestowed in recognition of the special character of a neighborhood, hamlet or area. Tt honors the properties and the community that has cherished its historic heritage. Properties selected as hamlet heritage resources retain the same current Town rights, uses or regulations. Properties selected as part of Hamlet Heritage Resource Areas are not designated as Town landmarks or Town historic districts. The Hamlet Heritage Resource selection is for honorary purposes only. {}330-332. Procedure and criteria for selection as heritage resource areas. Any person, organization or board of the Town of Southampton may submit an application to the Town Clerk to nominate a man-made object or group of Historic Resources for selection as a Hamlet Heritage Resource Area. Copies of the application shall be forwarded by the Town Clerk to the Department of Land Management, and the Landmarks and Historic Districts Board for review. Upon a determination of completeness by the Landmarks Board, the Department of Land Management and the Landmarks and Historic Districts Board shall submit an advisory report to the Town Board. Tn its advisory report to the Town Board, the following criteria will be considered for selection of a Hamlet Heritage Resource Area by the Landmarks and Historic Districts Boa rd: (1) Date of the heritage resource. (2) The building style of the structure. (3) Compatibility of additions and alterations to the original structure. (4) Association of the heritage resource with a significant architect or builder. (5) Association of the heritage resource with a prominent person. The Town Board may schedule a public hearing on the proposed nomination of a Hamlet Heritage Resource Area or publish a notice of complete application and written comment period. A public hearing is not required. Upon receipt of the Landmarks and Historic Districts Board's advisory report, the Town Board may consider a resolution approving the site selection as a Hamlet Heritage Resource Area. Generated 8/25/2011 Page 29 Southampton Town Board - Letter Board Meeting of August 23, 2011 Upon selection as a Hamlet Heritage Resource Area, the description and the location of the man-made object or group of historic resources so selected as a Hamlet Heritage Resource Area shall be listed in a directory entitled "Heritage Resource Areas" to be maintained by the Landmarks and Historic Districts Board. Said directory shall be maintained on file in the Department of Land Management and the office of the Town Clerk. SECTION 3. Authority. The proposed local law is enacted pursuant to Town Law {}265(2) and Municipal Home Rule Law §10(1)(ii)(a)(12) and §10(1)(ii)(a)(14). SECTION 4. Severability. If any section or subsection, paragraph, clause, phrase, or provision of this law shall be judged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. SECTION 5. Effective Date. This Local Law shall take effect upon filing with the Secretary of State pursuant to Municipal Home Rule Law. AND BE IT FURTHER RESOLVED, that the Town Clerk is directed to forward a copy of the proposed law to the Southampton Town Planning Board as well as the Suffolk County Planning Commission for their review and recommendations; and be it further RESOLVED, that the Town Clerk is hereby authorized to publish the following Notice of Public Hearing: NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that a Public Hearing shall be held on September 27, 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 Article XXVIII (Landmarks and Historic Districts and Heritage Resource Areas) of the Southampton Town Code to Revise the Criteria for a Town Landmark Designation and the Procedure for the Designation of Town Historic Districts." Summary of Proposed Law The Town Board seeks to amend Article XXVIII (Landmarks and Historic Districts and Heritage Resource Areas) of the Southampton Town Code to revise the criteria for a Town Landmark designation and the procedure for the designation of Town Historic Districts. Copies of the proposed local law, sponsored by Councilwoman Nancy Graboski and Councilwoman Bridget Fleming and are on file in the Town Clerk's Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m. BY ORDER OF THE TOWN BOARD TOWN OF SOUTHAMPTON, NEW YORK Generated 8/25/2011 Page 30 Southampton Town Board - Letter Board Meeting of August 23, 2011 SUNDY A. SCHERMEYER, TOWN CLERK Fiscal Impact: None RESULT: ADOPTED [UNANIMOUS] MOVER: Nancy Graboski, Councilwoman SECONDER: Bridget Fleming, Councilwoman AYES: Throne-Hoist, Malone, Graboski, Fleming, Nuzzi Generated 8/25/2011 Page 31