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Home My WebLink AboutSH RES 513Southampton 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) 723-27:[2 April 25, 2012 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~., southamptontownny.qov. Signature: ~{O~;~-.2~_~ ~_ Da re: ~[/~, //? _~ Please be advised that the Town Board, at a meeting held on April 24, 2012 6:00 PM, reviewed the following resolution(s): Resolution RES-20:L2-S:L3 Adopted [Unanimous] Notice of Public Hearing to Cons/der Enacting Town Code Art/cie VZ(A) to Add the University- 25 Zoning District to the Southampton Town Zoning Code Sincerely Yours, Sundy A. $chermeyer Town Clerk Generated 4/25/2012 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 April 25, 2012 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 April 24, 2012 6:00 PM, reviewed the following resolution(s): Resolution RES-2012-513 Adopted [Unanimous] Notice of Public Hearing to Consider Enacting Town Code Article VI(A) to Add the University- 25 Zoning District to the Southampton Town Zoning Code CC: Fred W. Thiele, Jr., NYS Assemblyman Kenneth LaValle, Senator Russell Kratovill Christopher Nuzzi, Councilman John Capone, Network Admin Kim Myers Kathleen Murray Lisa Dunlap Cindy Guerriero Kim Ottati Sundy Schermeyer, Town Clerk Tara Leach, Assistant Michael Baldwin Sandra Cirincione Anna Throne-Hoist, Supervisor Paul Rubano Karin Johnson James Malone, Councilman Bridget Fleming, Councilwoman Tiffany Scarlato Christine Preston Scalera, Councilwoman Leonard Marchese Diane Neill, PR Planner Dennis Finnerty, Planning Board Chairman Janice Scherer Freda Eisenberg Michael Benincasa, Chief Building Inspector Herb Phillips Cheryl Kraft Jacqueline Fenlon, Principal Planner Kerri Meyer David Wilcox Clare Vail, Assistant Beth Kamper, Village Clerk Kimberly Shaw Brenda Prusinowski, Deputy Comm. of PELM Generated 4/25/2012 Page i Southampton Town Board - Letter Board Meeting of April 24, 2012 Lori Riccardi, ZBA Head Clerk Mart:in Haley, Comm. of Bldg & Fire Prevention Pat:ricia Eddingt:on, Brookhaven Town Clerk Rebecca IV]olinaro, Village Clerk - Treasurer William H. Rogers, Deputy Commissioner of PELIV] Tullio Bert:oli, Commissioner of PELIV] Robert: Quinlan, Brookhaven Town At:t:y Gilbert Anderson, Deputy Commissioner Stephen Funsch, Village Clerk/Treasurer Rosemarie Cary Winchell, Village Clerk Donald Louchheim, Mayor Honorable Frederick Overt:on, Town Clerk Sarah Lansdale, Director L.T. State Park Commission Laura ]. Delessandro, Village Cerk Honorable Dorothy Ogar, Town Clerk Honorable Diane Wilhelm, Town Clerk Georgia Welch, Village Clerk Tim Laube, Clerk Andrew Freleng, Chief Planner Catherine Shamoun William Wright, Architectural Review Bd Timot:hy A. Rumph Michael Charrier, Chair, ARB Thomas Downing Ir. Theodore ]ankowski Sincerely Yours, Sund¥ A. Schermeyer Town Clerk Generated 4/25/2012 Page 2 Southampton Town Board - Letter Board Meeting of April 24, 2012 RESOLUTION 2012-513 ADOPTED Item # 6.26 DOC ID: 14698 Notice of Public Hearing to Consider Enacting Town Code Article VI(A) to Add the University-25 Zoning District to the Southampton Town Zoning Code RESOLVED, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on May 22, 2012, 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 to enact Town Code Article VT(A) to add the University-25 Zoning District to the Southampton Town Zoning Code," which provides as follows: LOCAL LAW NO. OF 2012 A LOCAL LAW enacting Town Code Article VT(A) to add the University-25 Zoning District to the Southampton Town Code. BE [T ENACTED by the Town Board of the Town of Southampton as follows: SECTTON 1. Legislative Tntent. The Town Board of the Town of Southampton recognizes the value institutions of higher education bring to the community, not only by creating jobs and attracting businesses, but by providing the necessary re-education and training community members need to secure good paying jobs in these difficult economic times. Tn an effort to ensure that the Town's college campuses are always dedicated to higher education purposes, the Town Board seeks to create a University-25 (U-25) Zoning District, the best and most appropriate tool to preserve areas primarily used for university and college functions, while still maintaining the educational and cultural offerings such institutions provide to the community. Tn short, a parcel designated U-25 could be used as a college or university with its affiliate enterprises such as institutes, hospitals, museums, theaters, laboratories, marine stations, radio stations, and other not-for-profit enterprises; each parcel would have to meet a minimum lot area requirement of at least 25 acres. Tn creating said district, the Town of Southampton hopes to encourage institutions of higher education develop needed facilities while still existing and functioning in a manner compatible with surrounding land uses and the Southampton community as a whole. SECTTON 2. Amendment. The Southampton Town Zoning Code (Chapter 330), is hereby amended by adding the underlined words as follows: ARTICLE VI(A) University-25 District ('U-25) ,Ei330-34.1 General Requlations. Generated 4/25/2012 Page 3 Southampton Town Board - Letter Board Meeting of April 24, 2012 A university or college district shall mean the area belonging to an educational institution (a college or university authorized by the State of New York to award degrees), which may contain structures and facilities directly and principally connected to the institution's mission of education. These may include classroom facilities, offices, research laboratories, facilities for health and wellness care, facilities for outdoor education and recreation, cultural facilities, student and faculty housing, and facilities necessary for the maintenance of buildings and grounds. Tt shall exclude any property which produces income from rent, lease, or business activities not demonstrated to have a direct and primary relationship to education activities. The primary use permitted in the U-25 District shall be colleges and universities and such ancillary uses as are typically associated with a university or college that are customary and subordinate to the primary educational function of the university or college use, including academic housing, sports and recreation facilities, auditoriums, and museums. Other uses shall be limited to those uses listed in 2330-34.3, the University District Table of Use Regulations, which can demonstrate a direct relationship to a university academic use, such as medical center uses, research laboratories, radio stations, and noncommercial educational, scientific, and research organizations. ~330-34.2 Specific Requlations. A master plan and facilities plan shall be provided showing all current uses on the property and all uses anticipated within a minimum projected time frame of five years. These plans shall show adjacent properties and surrounding uses and the potential impacts on them by the proposed development. Tf, in the opinion of the Planning Board, the proposed project provides public benefits and educational opportunities to the public at large, the Planning Board is authorized to.' relax the setbacks required by any other sections of the Southampton Town Code. Where such use requires waterfront for establishing waterfront educational improvements, the building setbacks may be reduced by up to 50%, provided that compliance with Town wetland and other relevant environmental regulations is maintained. Where the relaxation of setbacks is authorized, the Planning Board must make a specific finding that the relaxation of those setbacks will not cause adverse environmental or neighborhood impacts; relax the minimum height limitations for the district subject to a specific finding, based upon a visual impact analysis, that the relaxation of said limits will not cause adverse impacts to the community character and scenic views; building heights shall not exceed 72 feet. For the purpose of establishing the number of off-street parking spaces, the Planning Board may consider shared-use parking calculations and/or landbanked parking, allowing a maximum reduction of 25% in the aggregate total parking as required pursuant to other sections of this chapter. Generated 4/25/2012 Page 4 Southampton Town Board - Letter Board Meeting of April 24, 2012 Outdoor lighting shall not project light onto nor shall light sources be visible from neighboring properties. Prior to approval, consideration shall be given to all applicable regulations governing occupancies, including the recommendations of the local Fire Chief having jurisdiction. Architectural design. All construction shall be subject to the review of the Board of Architectural Review, pursuant to Article XIX of this chapter, or its successor. Every effort shall be made to provide for visual harmony and compatibility among all buildings on the site, with particular reference to existing structures of historic interest. Interior circulation shall be designed to support pedestrian convenience and safety, and to establish walkinq as the primary means of mobility within the site. Any application for development in the district, other than those that meet the criteria for administrative review, shall include a circulation plan addressing pedestrians, bicyclists, and transit users as well as motor vehicles. All residential buildings shall have a university-related purpose including, but not limited to, housing for students, faculty, and attendees of on-site conferences and programs. On-campus commercial uses shall be limited to those serving the campus population or to providing unique goods and services directly related to the college or university. ~330-34.3 University District Table of Use Requlations. The University District Table of Use Regulations is included at the end of this chapter. ~330-34.4. University District Table of Dimensional Requlations. The University District Table of Dimensional Regulations is included at the end of this chapter. SECTTON 3. Amendment. The Southampton Town Zoning Code (Chapter 330), is hereby amended by adding the University District Table of Use Regulations as Attachment 5A as follows: ZONING $$0 Attachment 5A Town of Southampton ~330-34.3 University District Table of Use Requlations SIC Code Use Classification U-25 A. Residential uses. Generated 4/25/2012 Page 5 Southampton Town Board - Letter Board Meeting of April 24, 2012 (1) l-family detached dwelling, new. SE (2) 2-family detached dwelling, new. SE (3) Conversion of existing l-family dwelling SE for 2 families. (4) Dwelling lawfully existing prior to adoption P of this chapter. (5) Apartment. SE (6) Conversion into residential condominium X or residential cooperative. (7) 3- and 4-family detached dwelling, new SE B. Residential community facilities. (1) Church or similar place of worship or P religious instruction, parish house, rectory, seminary or convent. (2) (Reserved) (3) Nursery school or child day care. SE (4) Park, playground or recreational area P when authorized or operated by the municipality. (5) Public library or museum. P (6) Fire station, municipal office or any P governmental building of similar character. (7) School, elementary or high public, P denominational or private, nonprofit, operated or licensed by the New York State Education Department. (8) School for the mentally challenged, public SE or private, nonprofit, for which a certificate of incorporation has been approved and an operating certificate issued under Article 31 of the Mental Hygiene Law of the State of New York. 8081 (9) Alcohol or substance abuse rehabilitation X centers. 8321 10) Homeless shelters. X C. General community facilities. (1) Beach dub, nonprofit. X (2) Bus passenger shelter. P (3) (Reserved) (4) (Reserved) (5) (Reserved) (6) Nursing home or proprietary rest home. X (7) Philanthropic, fraternal, social or P educational institutional office or meeting room, nonprofit. (8) Public utility structure or right-of-way, SE sewage treatment plant or water supply facility necessary to serve the municipality. (9) Wireless communications towers and SE Generated 4/25/2012 Page 6 Southampton Town Board - Letter Board Meeting of April 24, 2012 antennas. (10) Yacht club and marina, nonprofit. X 8321 (11) Tndividual and family social services. SE 8399 (12) Social services not elsewhere classified. X D. Business uses. (1) Agricultural category. 01 Agriculture, excluding animal husbandry P 0279 Animal shelter, kennel or aviary X 02 Animal husbandry X 074 Veterinary services or kennel X 0781 Landscape and horticultural services SE Greenhouse, agricultural P Greenhouse, commercial X Plant nursery P Horse farm, horse stabling facility or X horseback riding academy (2) Wholesale business category. 5012 Automotive and other motor vehicles X 5013-4 Automotive parts and supplies X 5021/3 Furniture and home furnishings X 5031 Lumber, plywood and millwork X 5041-2 Sporting and recreational goods and supplies X 5043 Photographic equipment and supplies X 5063 Electrical apparatus and equipment, wiring X supplies and construction materials 5064 Electrical appliances, television and radio sets X 5065 Electronic parts and equipment X 5072 Hardware X 5074-5 Plumbing and heating equipment and supplies X 5078 Refrigeration equipment and supplies X 5081 Commercial office, business, food service and X fountain machines and equipment 5083 Farm and garden machinery and equipment X 5086 Professional equipment and supplies X 5087 Service establishment equipment and X supplies 5094 .lewelry, watches, diamonds and other X precious stones 5099 Other durable goods' wholesale distribution X 5111-3 Paper and paper products X 5133 Piece goods (woven fabrics) X 5134 Notions and other dry goods X 5136-7 Clothing, furnishings and accessories X 5139 Footwear X Beer, wine and distilled alcoholic beverages, X wholesale/retail beverage distribution 5191 Farm supplies X 5199 Other nondurable goods' distribution X (3) Retail business category. X Generated 4/25/2012 Page 7 Southampton Town Board - Letter Board Meeting of April 24, 2012 5231 Paint, glass and wallpaper stores X 5251 Hardware stores X 5261 Retail nursery and lawn and garden supply X stores 5271 Mobile home dealers X 5311 Department stores X 5334 Variety stores SE 5399-3 General merchandise stores SE 5411 Grocery stores X 5422-3 Meat and fish stores X 5431 Fruit and vegetable markets X 5441 Candy, nut and confectionery stores SE 5451 Dairy products stores X 5426-3 Retail bakery, baking and selling SE 5499 Other food stores SE 5511-21 Motor vehicle dealers (new and used) X 5531 Auto and home supply stores X 5541 Gasoline service stations and filling stations X 5551 Boat dealers X 5561/99 Recreational and utility trailer dealers X 5571 Motorcycle dealers X 5611/51 Clothing, personal furnishings and accessories SE 5661 Shoe stores X 5661 Furriers X 5699 Miscellaneous apparel SE 5712 Furniture and home furnishings X 5713 Floor covering stores X 5714 Drapery, curtain and upholstery stores X 5719 Miscellaneous home furnishings X 5722 Household appliance stores X 5732 Radio, television and related stores X 5733 Music stores X 5812 Drive-through or drive-in establishment X 5812 Restaurant, drive-in X 5812 Restaurant, drive-through or drive-thru X 5812 Restaurant, fast-food SE 5812 Restaurant, standard SE 5812 Restaurant, take-out SE 5813 Bar, tavern or nightclub X 5912 Drugstores X 5921 Liquor stores (beer and wine) X 5931 Used merchandise stores X 5934 Antique stores X 5941 Sporting goods and bicycle shops X 5942 Bookstores P 5943 Stationery stores SE 5944 .lewel ry stores X 5945 Hobby, game and toy stores X 5946 Camera and photographic supply stores X 5947 Gift, novelty and souvenir shops SE Generated 4/25/2012 Page 8 Southampton Town Board - Letter Board Meeting of April 24, 2012 5948 Luggage and leather goods X 5949 Sewing, needlework and piece goods stores X 5961 Mail-order houses X 5982 Fuel and ice dealers (except oil and gas) X 5983 Fuel oil dealers (fuel storage in tanks) X 5984 Liquefied-gas dealers (fuel storage in tanks) X 5992 Florists X 5993 Cigar stores and tobacconists X 5994 News dealers and newsstands P Retail center X Community X Hamlet X Regional X 5999 Other retail SE (4) Office business category. SE 60-1 Banks and credit agencies SE 60-1 Drive-through or drive-in bank X 62 Security and commodity brokers, exchanges X and services 63-4 Tnsurance offices X 65-6 Real estate offices X 67 Other investment offices X 731 Advertising services X 732 Credit/mercantile reporting agencies X 733 Mailing, reproduction, commercial art and SE steno services 736 Personnel supply agencies SE 737 Computer and data processing services SE 7392 Management, consulting and public relations SE services 7393 Protective and security agencies X 801-4 Offices of physicians, dentists and other P health practitioners and medical arts buildincjs 807 Medical and dental laboratories P 808 Outpatient care facilities P 809 Health and allied services P 811 Legal services P 824 Correspondence and vocational schools P 829 Other schools and educational services P 861-3 Business, professional and labor organizations P 864 Civic, social and fraternal associations P 865 Political organizations P 869 Other membership organizations P 891 Engineering, architectural and surveying P services 892 Noncommercial educational, scientific and P research organization 893 Accounting, auditing and bookkeeping P services 899 Other services Generated 4/25/2012 Page 9 Southampton Town Board - Letter Board Meeting of April 24, 2012 (5) Personal and other service categories. 15-17 Building construction, general and special X trade contractors 41 Public passenger transportation services and SE terminals 497 Irrigations systems X 721 Laundry, dry-cleaning plants and garment X services Laundry, dry-cleaning and garment services X (picku p/d top-off centers only) Dry cleaning - neighborhood service facility X 722 Photographic studios X 723-4 Beauty or barber shops X 725 Shoe repair X 726 Funeral services, except crematory X 729 Costume and formal wear rental; diet or X weight reducing workshops; and tanning salons 729 Other personal services X 734 Household and building services X 7394 Appliance, furniture and equipment rental and X leasing 751 Auto, truck and trailer rental and leasing X 753169 Automotive and auto body repair shops X 7534 Tire retreading and repair shops X 7535 Auto paint shops X 7542 Auto cleaning and carwashes X 7549 Other auto services X 762 General electrical repair shops X 763 Watch, dock and jewelry repair X 764 Reupholstery and furniture repair X 769 Other repair services, welding X 4121 Taxicab services, including repairs X 7399 Business services, not elsewhere classified X (6) Amusement and recreational business category. 782 Motion-picture, film and tape distribution X 783 Motion-picture theaters, community SF 791 Dance halls, studios or schools SF 793 Bowling alleys or billiards SE 799 Physical fitness facilities P 7999 Other indoor activities SE 7999 Miniature golf, driving ranges, pitch-n-putt, X batting cages, go-carts, bumper cars or similar outdoor recreation 7999 Art galleries P (7) Other business uses. Hotels and motels, transient X Motels, resort X Marinas and yacht clubs, for profit X Generated 4/25/2012 Page 10 Southampton Town Board - Letter Board Meeting of April 24, 2012 Waterfront business complex X E. Tndustrial uses: X (1) Nonmanufacturing industry. X 422 Warehousing X Self-service storage facility X (2) Manufacturing industry. X 025 Bakeries, wholesale X 2092 Fresh or frozen packaged fish or commercial X fishing facilities 2097 Manufactured ice X 27 Printing or publishing SE 321-3 Glass and glass products X 326 Pottery and related products X 373 Ship and boat building and repairing or X boatyards 3949 Sporting and athletic goods, not elsewhere X classified 411 (3) Local and suburban passenger transportation. SE 4121 (4) Taxicabs. X F. Accessory uses. (1) Accommodations for not more than 2 SE roomers or boarders in l-family detached dwelling, provided that separate kitchen and entrance facilities shall not be provided. (2) Customary accessory structures and/or P uses, except those prohibited by this chapter. (3) Home occupations other than home X professional offices. (4) Home professional offices. X (5) Private garages or private off-street P parking pursuant to §§330-92 through 330- 101. (6) Private mooring, docks or similar marine SE structures in tidal wetlands or walkways over the dunes on an ocean beach pursuant to §330-39 et seq. (7) Private swimming pools. P (8) Signs pursuant to §§330-85 through 330- P 91. (9) Temporary roadside stands for sale at P retail of farm products grown on the premises. (10) Housing for restaurant employees. X (11) Greenhouses, private. P (12) Accessory apartment pursuant to Article SE ]]A of this chapter. 7011 (13) Bed-and-breakfast in an accessory X building. 7011 (14) Bed-and-breakfast above stores and X restau rants. Generated 4/25/2012 Page Southampton Town Board - Letter Board Meeting of April 24, 2012 SECTION 4. Amendment. The Southampton Town Zoning Code (Chapter 330), is hereby amended by adding the University District Table of Dimensional Regulations as Attachment 5B as follows: ZONTNG $$0 Attachment 5B Town of Southampton ,Ei330-34.4 University District Table of Dimensional Requlations Dimension U-25 Lot area Minimum (acres) 25~ Minimum per dwelling unit (square feet) None Lot coverage Maximum lot coverage by main and accessory 30 buildings (percent) Lot width, minimum (feet) 500 Height, maximum Stories 2 Feet 35 Yards, principal building, minimum (feet) Front 100 Side, minimum for 1 100 Side, total for both on interior lot 200 Side, abutting side street on corner lot 100 Rear 100 Yards, accessory buildings and structures, except fences and retaining walls, minimum (feet) Distance from street 100 Distance from side line 100 Distance from rear line 100 i One or more lots in the same ownership, whether or not contiguous. SECTION 5. Authority. The proposed local law is enacted pursuant to Town Law §264 and Municipal Home Rule Law §§10(1)(ii)(a)(11) and (12) and 10(1)(ii)(d)(3). SECTION 6. 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 Generated 4/25/2012 Page 12 Southampton Town Board - Letter Board Meeting of April 24, 2012 made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. SECTION 7. Effective Date. This Local Law shall take effect 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 TAKE NOTTCE, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on May 22, 2012, 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 to enact Town Code Article VT(A) to add the University-25 Zoning District to the Southampton Town Zoning Code." Summary of Proposed Law The Town Board of the Town of Southampton recognizes the value institutions of higher education bring to the community, not only by creating jobs and attracting businesses, but by providing the necessary re-education and training community members need to secure good paying jobs in these difficult economic times. Tn an effort to ensure that the Town's college campuses are always dedicated to higher education purposes, the purpose of this local law is to create a University-25 (U-25) Zoning District, the best and most appropriate tool to preserve areas primarily used for university and college functions, while still maintaining the educational and cultural offerings such institutions provide to the community. Copies of the proposed law, sponsored by Supervisor Throne-Hoist, are on file in the Town Clerk's Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m. BY ORDER OF THE TOWN BOARD TOWN OF SOUTHAMPTON, NEW YORK SUNDY A. SCHERMEYER, TOWN CLERK Fiscal Tmpact: None. RESULT: ADOPTED [UNANIMOUS] MOVER: Anna Throne-Hoist, Supervisor SECONDER: Bridget Fleming, Councilwoman AYES: Throne-Hoist, Malone, Scalera, Fleming, Nuzzi Generated 4/25/2012 Page 13