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Home My WebLink AboutSH RES 1230Southampton Town Board 116 Hampton Road Southampton, NY 11968 Sund¥ A. Schermeyer Town Clerk Telephone: (631) :)87-5740 Fax: (631) 283-5606 Hampton Bays Annex: (631) 723-2712 December 1, 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 town¢lerk~southamotontownnv,oov. Signature: ~~4~~~ Date: ~,// //// Please be advised that the Town Board, at a meeting held on November 29, 2011 6:00 PM, reviewed the following resolution(s): Resolution RES-201:L-1230 Adopted [Unanimous] Notice of Public Hearing to Consider Amending Southampton Town Code §330-5 (Definitions), §330-10 (Residence Districts Table of Use Regulations), §330-94 (Parking Space Requirements for Residential Uses) and §330-147.1(Residential Accessory I~luseum) to Create Regulations for "Residential Accessory Museums~ in Certain Residential Zoning Districts Sincerely Yours, Sundy A. Schermeyer Town Clerk Generated 12/1/2011 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 December 1, 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 November 29, 2011 6:00 PM, reviewed the following resolution(s): Resolution RES-2011-1230 Adopted [Unanimous] Notice of Public Hearing to Consider Amending Southampton Town Code §$$0-5 (Definitions), §330-10 (Residence Districts Table of Use Regulations), §330-94 (Parking Space Requirements for Residential Uses) and §$$O-147.1(Residential Accessory Pluseum) to Create Regulations for "Residential Accessory Pluseums' in Certain Residential Zoning Districts CC: Jefferson Murphree, Land Management Michael Benincasa, Chief Building Inspector Janice Scherer David Wilcox Joseph Burke Alexandra Sullivan Stephen Funsch, Village Clerk/Treasurer Michael Baldwin 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 Janice D'Angelo Generated 12/1/2011 Page 1 Southampton Town Board - Letter Board Meeting of November 29, 2011 Diane Neill, PR Planner 3acqueline Sherman-Smith, Principal Planner Freda Eisenberg 3ohn Blaney, Vice Chairman Kristen Tuffy Scott Foster, Sergeant Cheryl Kraft Erika Smith Chief Wilson, Police Chief Chris Bean Thomas Neely 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 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 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 3oan Andrews Sincerely Yours, Sund¥ ^. Schermeyer Town Clerk Generated 12/1/2011 Page 2 Southampton Town Board - Letter Board Meeting of November 29, 2011 RESOLUTION 2011-1230 ADOPTED Item # 6.45 DOC ID: 14008 Notice of Public Hearing to Consider Amending Southampton Town Code §330-5 (Definitions), §330-10 (Residence Districts Table of Use Regulations), §330-94 (Parking Space Requirements for Residential Uses) and §330- 147.1(Residential Accessory Museum) to Create Regulations for "Residential Accessory Museums" in Certain Residential Zoning Districts BE IT RESOLVED, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on Tuesday, December 13, 2011 at 1:00 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 to amend Southampton Town Code §330-5 (Definitions), §330-10 (Residence Districts Table of Use Regulations), §330-94 (Parking Space Requirements for Residential Uses) and §330-147.1 (Residential Museum) to create regulations for Residential Accessory Museums in certain Residential Zoning Districts," which provides as follows: LOCAL LAW NO. OF 2011 A LOCAL LAW to amend Southampton Town Code §330-5 (Definitions), §330-10 (Residence Districts Table of Use Regulations), §330-94 (Parking Space Requirements for Residential Uses) and §330-147.1 (Residential Museum) to create regulations for Residential Accessory Museums in certain Residential Zoning Districts. BE IT ENACTED by the Town Board of the Town of Southampton as follows: SECTTON 1. Legislative Tntent. Tt has come to the attention of the Town Board that a small number of museum uses, located on residentially-zoned properties existing throughout the Town, that are not permitted under the current regulations under the Town Code. While some display of art, conservation, scientific specimens, historical, and archeological elements are and may be a benefit to the Town, it would only be permitted under certain circumstances, following the review and approval of the Planning Board. The proposed legislation creates a definition of "residential accessory museum" that allows this type of use as accessory to a residential use on a residentially-zoned property and creates special exception standards that will give the Planning Board guidance on approving applications for this use. The special exception standards include a restriction against retail use on the site, other than a small museum shop, increased setbacks, screening for adjoining neighbors and parking requirements, 75% of which may be approved on grass. In order to ensure that such entities are legitimate, not-for-profit museums, rather than profit- making ventures, the proposal requires applicants to prove their status as not-for-profit 501(c) (3) entities. The Board has determined that the proposal provides protection to Generated 12/1/2011 Page 3 Southampton Town Board - Letter Board Meeting of November 29, 2011 neighboring property owners, while giving some flexibility to a charitable organization which owns the property to pursue such an application. SECTTON 2. Amendment. Town Code §330-5, Definitions is hereby amended by adding the underlined words in alphabetical order as follows: CHARITABLE ORGANIZATION - An organization as defined in New York State Executive Law q 171-a, including but not limited to not-for-profit corporations. Such charitable organizations shall be recognized as exempt from federal taxation under Internal Revenue Code q 501(c)(3), shall be duly registered with the Charities Bureau of the Attorney General of the State of New York, and shall provide services or funds that benefit the residents of the Town of Southampton. RESIDENTIAL ACCESSORY MUSEUM - An accessory use to a sinqle-family residence which is devoted to the acquisition, conservation, study, exhibition, educational interpretation of objects, but not the sale of such objects, having scientific, historical, cultural or artistic value or where works of art, scientific specimens, or other objects of permanent value are kept and displayed, which is open to the public on a limited basis. In order to qualify as a residential accessory museum, the museum must be a "charitable organization," as defined herein, and the property and residence on which the residential accessory museum is sited must be solely owned by and operated by the charitable organization, for its benefit. SECTTON 3. Amendment. Town Code §330-10. Residence Table of Use Regulations, Part 1, (F) of Section 330- 10 is hereby amended to include the following use at subsection F, number 16 to reflect the following: Town of Southampton § 330-10, Residence Districts Table of Use Regulations: Part 1, E and F P = Permitted use SE = Special exception use X = Prohibited use ALL UNLISTED USES ARE PROHIBITED IN ALL DISTRICTS Use CR-200 R-120 CR-80 CR-60 CR-40 R-120 R-80 R-60 Classificatio Country Country Country Country Country Residenc Residenc Residenc n Residenc Residenc Residenc Residenc Residenc e e e F. Accessory Generated 12/1/2011 Page 4 Southampton Town Board - Letter Board Meeting of November 29, 2011 USES. (16) SE SE SE X X SE SE X Residential Accessory Museum SECTION 4. Amendment. Town Code §330-10, Residence Table of Use Regulations, Part 2, (F) of Section 330- 10 is hereby amended to include the following use at subsection F, number 16 to reflect the following: Town of Southampton § 330-10, Residence Districts Table of Use Regulations: Part 2, E and F P = Permitted use SE = Special exception use X = Prohibited use ALL UNLISTED USES ARE PROHIBITED IN ALL DISTRICTS Use R40 R20 CR15 R10 MF 44 MHS 40 SC 44 MFRPRD Classification Residence Residence Residence Residence Multi Mobile Senior OSC family Home Citizen Residence Subdi Housing vision Residence (16) X X X X X X X X X Residential Accessory Museum SECTION 5. Amendment. Town Code {}§330-94, Schedule of Off-Street Parking Space Requirements for Residential Uses, is hereby amended by inserting underlined words and deleting words and a letter with a strikethrough as follows: The schedule of Off-Street Parking Space Requirements for Residential Uses is as follows: Generated 12/1/2011 Page 5 Southampton Town Board - Letter Board Meeting of November 29, 2011 Uses Residential Museum Number of Spaces Required Up to 1,000 sq. ft. of interior exhibit space: 6 spaces plus i bus space. For each additional 180 sq. ft. of interior exhibit space, i additional space. SECTTON 6. Amendment. Town Code, ARTICLE XVII, Special Exception Uses, is hereby amended by inserting underlined words as follows: 330-147.1. Residential Museum. A. No more than one residential accessory museum use shall be located on any single family residence lot. B. A residential accessory museum may not be located on a site that contains more than one dwelling unit. A residential museum use shall be prohibited on any lot or parcel of land that is an agricultural reserve, lots upon which the development rights have been purchased either by the Town of Southampton or any other individual or entity, or lands designated as open space. In any district in which a residential accessory museum is permitted, the combined lot area shall not be less than three acres nor shall the frontage be less than 200 feet on a collector street or secondary highway. A residential accessory museum may not contain any retail use, except as specifically permitted in this Section. All required side yard and rear yard setbacks shall be doubled for any additional structure(s) proposed as part of the residential accessory museum use, except that the Planning Board shall have the authority to approve such lesser setbacks for accessory buildings and structures as the Board finds will serve the interest of good planning in the case of a side or rear yard adjoining a parcel which is not residentially zoned. If a pre-existing structure is to be utilized for the residential accessory museum use, the structure must conform to the dimensional setbacks for that district. Required parking shall be located on unpaved, dust-free and permeable surfaces which are residential in character, except for those spaces required to achieve compliance with the Americans with Disabilities Act (ADA). The required bus space must be paved, with appropriate drainage, and must also meet double the dimensional setbacks for accessory structures in the zoning district. H. All parking must be adequately screened from adjoining residential properties. Generated 12/1/2011 Page 6 Southampton Town Board - Letter Board Meeting of November 29, 2011 The Planning Board may approve up to 75% of any required parking on prepared, well-drained, dust-free grass or on a surface with residential character which the Planning Board finds will serve the purposes of this section. There shall be no outdoor public-address or music system No more than two special events shall be permitted on the premises per calendar year and all special events shall be subject to the provisions of Chapter 283 of the Town Code. The ownership and operation of the proposed Residential Accessory Museum, including the property and residence on which the museum is sited, must be solely in the name of the Charitable Organization seeking such use and must provide proof by Certificate of Good Standing or other acceptable means that it is a not-for profit corporation recognized under TRC Section 501(c) (3) of the U.S. Tnternal Revenue Code. A museum shop, comprising not more than 200 square feet shall be permitted on premises. Sales of items on display in the museum, or similar items of equal scientific, cultural, historical or artistic value shall not be offered for sale in the museum shop, but this restriction shall not be deemed to preclude the sale of educational items directly related to the type of approved residential museum use or replicas or reproductions of such items or any related ancillary items typical of a museum gift shop, including but not limited to books, post cards, note cards, posters, collectible, CDs videos or DVDs. Tn the event that an applicant proposes a residential accessory museum which will utilize more than one adjacent parcel which is not held in common ownership, a covenant shall be required, in a form approved by the Town Attorney, which requires that upon separation of the lots approved as part of the site plan or upon the cessation of such use on any one of the approved lots, that the residential accessory museum use shall also cease on all lots involved in the original approval. SECTION 7. Authority. The proposed local law is enacted pursuant to Town Law, §274-b. SECTTON 8. 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. SECTTON 9. Effective Date. This Local Law shall take effect upon filing with the Secretary of State pursuant to Municipal Home Rule Law. Generated 12/1/2011 Page 7 Southampton Town Board - Letter Board Meeting of November 29, 2011 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 December 13, 2011, at 1:00 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 to amend Southampton Town Code §330-5 (Definitions), §330-10 (Residence Districts Table of Use Regulations), §330-94 (Parking Space Requirements for Residential Uses) and §330-147.1 (Residential Museum) to create regulations for Residential Accessory Museums in certain Residential Zoning Districts," which provides as follows: Summary of Proposed Law This Code amendment would permit Residential Accessory Museums as a Special Exception Use, provided they meet the designated special exception criteria, in certain Residential Zoning Districts. Copies of the proposed law, sponsored by Councilwoman 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: None. RESULT: ADOPTED [UNANIMOUS] MOVER: Nancy Graboski, Councilwoman SECONDER: Anna Throne-Hoist, Supervisor AYES: Throne-Hoist, Malone, Graboski, Fleming, Nuzzi Generated 12/1/2011 Page 8