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Home My WebLink AboutSH RES 860 & 893Southampton Town Board 116 Hampton Road Southampton, NY 11968 Sundy A. Schermeyer Town Clerk Telephone: (631) 287-5740 Fax: (631) 283-5606 Hampton Bays Annex: (631) 723-2712 August 30, 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 town¢lerk@southamotontownnv.oov. S i g n at u re: (~]~c~. _O,~,~_~ Date: ~/~ Please be advised that the Town Board, at a meeting held on August 28, 2012 6:00 PM, reviewed the following resolution(s): Resolution RES-2012-860 Adopted [Unanimous] Not/ce of Public Hearing to Cons/der Amending Town Code Chapter 216 in Order to Provide a Priority to Homeowners that Are Displaced by Natural Disasters who Are Eligible for Housing Opportunities Created Pursuant to Town Code Chapter 330 Resolution RES-2012-893 Adopted [4 to 1] Commence SEC2RA and Coordinate Lead Agency for Change of Zone Application from Highway Business (HB) and Residential Zoning Districts (R-20) to Shopping Center Business (SCB) as it Relates to the Redevelopment of the Tuckahoe Center Sincerely Yours, Sundy A. Schermeyer Town Clerk Generated 8/30/2012 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 August30,2012 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 August 28, 2012 6:00 plVl, reviewed the following resolution(s): Resolution RES-2012-860 Adopted [Unanimous] Notice of Public Hearing to Consider Amending Town Code Chapter 216 in Order to Provide a Priority to Homeowners that Are Displaced by Natural Disasters who Are Eligible for Housing Opportunities Created Pursuant to Town Code Chapter CC: Kim Myers Christopher Nuzzi, Councilman John Capone, Network Admin Kathleen Murray Lisa Dunlap Cindy Guerriero Kim Ottati Sundy Schermeyer, Town Clerk Tara Coady, Assistant Michael Baldwin Sandra Cirincione Anna Throne-Hoist, Supervisor Paul Rubano Karin Johnson James Malone, Councilman Bridget Fleming, Councilwoman Russell Kratovill Tiffany Scarlato Christine Preston Scalera, Councilwoman Alexandra Sullivan Leonard Marchese Michael Benincasa Richard Blowes, Executive Director William Dalsimer Diane Neill, PR Planner Wilson, Police Chief Dennis Finnerty, Planning Board Chairman Janice Scherer Freda Eisenberg Kara Bak Bonnie Cannon, Chair, Housing Authority Barbara Fair Steven Kenny Ann Gajowski Lisa Goree Generated 8/30/2012 Page Southampton Town Board - Letter Board Meeting of August 28, 2012 Beth Kamper, Village Clerk Christopher Lubicich 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, Planner David Wilcox Honorable Dorothy Ogar, Town Clerk 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 Jacqueline Fenlon, Principal Planner L.I. State Park Commission Laura J. Delessandro, Village Cerk Kerri Meyer Honorable Diane Wilhelm, Town Clerk Kyle Collins, Town Planning & Development Administrator Georgia Welch, Village Clerk Tim Laube, Clerk Andrew Freleng, Chief Planner Pamela Giacoia Virginia Bennett Resolution RE$-2012-893 Adopted [4 to 1] Commence SEQRA and Coordinate Lead Agency for Change of Zone Appfication from Highway Business (HB) and Residential Zoning Districts (R-20) to Shopping Center Business (SCB) as it Relates to the Redevelopment of the Tuckahoe Center CC: Kim Myers Freda Eisenberg Christopher Nuzzi, Councilman John Capone, Network Admin Kathleen Murray Lisa Dunlap Cindy Guerriero Kim Ottati Sundy Schermeyer, Town Clerk Tara Coady, Assistant Michael Baldwin Sandra Cirincione Anna Throne-Hoist, Supervisor Paul Rubano Karin Johnson James Malone, Councilman Bridget Fleming, Councilwoman Russell Kratovill Tiffany Scarlato Christine Preston Scalera, Councilwoman Alexandra Sullivan Leonard Marchese Michael Benincasa Alex Gregor, Superintendent of Highways Catherine Kovalsky Diane Neill, PR Planner Janice Scherer, Principal Planner Cheryl Kraft Generated 8/30/2012 Page 2 Southampton Town Board - Letter Board Meeting of August 28, 2012 Wilson, Police Chief Dennis Finnerty, Planning Board Chairman ]anice Scherer John La Rosa Beth Kamper, Village Clerk Christopher Lubicich 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, Planner David Wilcox Honorable Dorothy Ogar, Town Clerk 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 ]acqueline Fenlon, Principal Planner L.T. State Park Commission Laura 3. Delessandro, Village Cerk Kerri Meyer Honorable Diane Wilhelm, Town Clerk Kyle Collins, Town Planning & Development Administrator Georgia Welch, Village Clerk Tim Laube, Clerk Andrew Freleng, Chief Planner Marty Shea Christine Fetten, Town Director of Municipal Works Elizabeth Vail, Assistant Lin Marzano Frances Genovese Bonnie Goebert, Co-Chair Carol Oborski Justin Hipperling, Director of Highway Planning & Permits Kimberly Kennedy, Assistant to General Counsel Joe Martens, Commissioner Peter Scully, Director Edson Brolin Lizabeth Plouff Valerie Fletcher Michael Charrier, Chair, ARB Thomas Neely Nicole Hadix, Secretary Tan King Rodney Pierson Chris Dyer, Superintendent Mark Epley, Mayor Sincerely Yours, Sund¥ A. Schermeyer Town Clerk Generated 8/30/2012 Page 3 Southampton Town Board - Letter Board Meeting of August 28, 2012 RESOLUTION 2012-860 ADOPTED Item # 6.3 DOC ID: 15558 A Notice of Public Hearing to Consider Amending Town Code Chapter 216 in Order to Provide a Priority to Homeowners that Are Displaced by Natural Disasters who Are Eligible for Housing Opportunities Created Pursuant to Town Code Chapter 330 BE IT HEREBY RESOLVED, that the Town Board hereby directs that a public hearing shall be held on September 25, 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 amending Sections 216-2 and 216-4 of Town Code Chapter 216 to provide a priority to homeowners that are displaced by natural disasters who are eligible for housing opportunities created pursuant to Town Code Chapter 330," which provides as follows: LOCAL LAW NO. OF 2012 A LOCAL LAW amending Sections 216-2 and 216-4 of the Code of the Town of Southampton to provide a Priority to homeowners that are displaced by natural disasters who are eligible for housing opportunities created pursuant to Town Code Chapter 330. BE IT ENACTED by the Town Board of the Town of Southampton as follows: SECTION 1. Legislative Tntent. The Town Board of the Town of Southampton recognizes that there are certain homeowners whose primary residence has been rendered uninhabitable due to a natural disaster. This local law shall be amended so those homeowners will be eligible for a priority for housing opportunities created pursuant to Town Code Chapter 330. SECTION 2. Amendment. Section 216-2 (Definitions) of the Southampton Town Code is hereby amended by deleting the stricken words and adding the underlined words as follows: §216-2. Definitions. As used in this chapter, the following terms shall have the meanings indicated: ACCESSORY APARTMENT As defined in {}330-5 of the Town Code. ADAPTABLE DESIGN As defined in §123-30 of Chapter 123, Building Construction, of the Town Code. [Added 6- 9-2009 by L.L. No. 24-2009] AFFORDABILITY RESTRICTIVE COVENANT Generated 8/30/2012 Page 4 Southampton Town Board - Letter Board Meeting of August 28, 2012 A recorded restriction imposed on real property reserved for income-eligible households that limits any windfall profits upon resale of the real property and ensures long-term affordability. AFFORDABLE HOUSING For purposes of this chapter, community benefit housing located in the Town of Southampton that is subject to an affordability restrictive covenant, as defined herein, to ensure occupancy by households meeting income limitations. See "low-income household," "moderate-income household," "median-income household," and "middle-income household." AGE-RESTRICTED UNIT A housing unit in which there are restrictions on occupancy as set forth in §330-14A, B, C, D and E or as the Town Board may determine by resolution ordinance or local law. Procedures governing the provisions for qualified disabled individuals are set forth in § 216- 5E of this chapter. APARTMENT As defined in §330-5 of the Town Code. APARTMENT HOUSE As defined in §330-5 of the Town Code. APPRECIATION BENEFIT The difference between the original market value of the unit based upon the Town's appraisal and the market value at the time of resale and upon the Town's appraisal less the cost of any permanent improvements. BUYER BENEFIT A lien on a housing unit calculated by the difference between the original purchase price of the housing unit paid by the buyer and the Town's appraisal of the fair market value of the housing unit at the time of sale. CERTIFICATE OF CONFORMITY The document issued by the Town to confirm that resale prices are in conformity with the applicable provisions of the Town Code of the Town of Southampton. CERTIFICATE OF ELIGIBILITY The document issued by the Town to confirm eligibility status for an applicant seeking a unit reserved for an income-eligible household. CONSUMER PRICE INDEX Generated 8/30/2012 Page 5 Southampton Town Board - Letter Board Meeting of August 28, 2012 The Consumer Price Index as published by the United States Department of Labor, Bureau of Labor Statistics for the New York Metropolitan Area. COMMUNITY BENEFIT UNIT Housing unit(s) which is (are) intended to provide a long-term benefit to the community as an affordable housing unit(s) for income-eligible households. COMMUNITY HOUSING Owner-occupied housing for households whose incomes are not sufficient, pursuant to banking industry standards, to induce private lenders to finance the costs of acquisition of a home with a value at or less than median housing value in the particular hamlet area or census tract, without benefit of subsidies or special financing programs from the Town. COMMUNITY HOUSING ADVISORY COMMISSION The Town of Southampton Housing Commission established pursuant to this chapter of the Town Code. COMMUNITY HOUSING OPPORTUNITIES Generally, defined as below-market-rate housing. COMMUNITY HOUSING OPPORTUNITY FUND (CHOF) The revolving fund established by the Town Board, pursuant to this chapter and Chapter 8, Budget, to facilitate community housing opportunities. COMMUNITY HOUSING TRUST The Southampton Town Community Housing Land Trust, a private nonprofit corporation. COMMUNITY HOUSING UNIT INVENTORY The list maintained by the Department of Land Management of units reserved for income- eligible households. Said inventory of community housing units shall be listed on a community planning area basis or by hamlet, with respective school districts and pertinent property information identified. COMMUNITY LAND TRUST (CLT) A non-profit corporation created to acquire and hold land for the benefit of a community and provide affordable access to land and housing for community residents. In particular, the CLT attempts to meet the needs of residents least served by the prevailing market. The Community Land Trust helps the community keep housing affordable for future residents and capture the value of public investment for long-term community benefit. CURRENT APPRAISED VALUE The value of a housing unit which is a calculation of the average of the Town's appraisal of such unit and the owner's private appraisal of such unit. Editor's Note: The former definition Generated 8/30/2012 Page 6 Southampton Town Board - Letter Board Meeting of August 28, 2012 of "Director of Housing," which immediately followed, was repealed 8-12-2008 by L.L. No. 49-2008. DWELLING UNIT As defined in §330-5 of the Town Code. EFFICIENCY UNIT As defined in §330-5 of the Town Code. ELIGIBILITY LISTS The lists, maintained by the Department of Land Management, of applicants (households) seeking a unit reserved for either a Iow-income, moderate-income, or middle-income household. [Amended 8-12-2008 by L.L. No. 49-2008] HOMEOWNER DISPLACED BY NATURAL DISASTER A Homeowner Displaced by a hurricane, flood, tornado whose primary residence has been rendered uninhabitable as determined by the Suffolk County Department of Health Services; and who lives and/or works in the County of Suffolk and who had no other source of total indemnity for the loss of the primary residence available to the homeowner from any other federal, state or county program. HOUSING AUTHORITY The Southampton Town Housing Authority, a municipal corporation. Editor's Note: The former definition of "Housing Office," which immediately followed, was repealed 8-12-2008 by L.L. No. 49-2008. HOUSING REGISTRY The listing, maintained by the Department of Land Management, of applicants seeking certificates of eligibility for community housing opportunities. [Amended 8-12-2008 by L.L. No. 49-2008] INCOME-ELIGIBLE HOUSEHOLDS Those individuals/families whose incomes are classified as "low income," "moderate income" or "middle income" as defined by Town Board resolution adopted annually or at such other additional times as the Town Board deems appropriate. INTENT TO SELL NOTICE A written notice, sent certified mail to the Town or its agent by the owner of a particular housing unit setting forth his/her desire to locate a buyer for such unit. LOTTERY OR HOUSING LOTTERY A random selection process in connection with community housing opportunities. LOW-INCOME HOUSEHOLD Generated 8/30/2012 Page 7 Southampton Town Board - Letter Board Meeting of August 28, 2012 A household, according to the U.S. Department of Housing and Urban Development (HUD), whose gross annual income is less than 50% of the median gross household income for households of the same size within the housing region in which the housing is located, or as determined from time to time by Town Board resolution. MEDIAN-INCOME HOUSEHOLD According to the U.S. Department of Housing and Urban Development (HUD), a household whose gross annual income is 100% of the median gross household income for households of the same size within the housing region in which the housing is located. MIDDLE-INCOME HOUSEHOLD According to the U.S. Department of Housing and Urban Development (HUD), a household whose gross annual income is greater than 80%, but does not exceed 120% of the median gross household income for households of the same size within the housing region in which the housing is located, or as determined from time to time by Town Board resolution. MODERATE-INCOME HOUSEHOLD According to the U.S. Department of Housing and Urban Development (HUD), a household whose gross annual income is greater than 50%, but does not exceed 80% of the median gross household income for households of the same size within the housing region in which the housing is located, or as determined from time to time by Town Board resolution. MULTIFAMILY PLANNED RESIDENTIAL DEVELOPMENT (MFPRD) As defined in §330-5 and subject to the provisions of Article TV of Chapter 330, Zoning, of the Town Code. MULTIFAMILY RESIDENTIAL DEVELOPMENT (MFRD) As defined in §330-5 and subject to the provisions of §330-138 of the Town Code. MULTIPLE DWELLING As defined in §330-5 of the Town Code for "dwelling, multiple." ONE-FAMILY DWELLING As defined in §330-5 of the Town Code. PERMANENT FIXED IMPROVEMENT Additions that provide added value to the property above and beyond repairs to maintain a property in good condition; for purposes of this chapter, an improvement to a unit reserved for income-eligible households which cannot be removed without substantial damage to the subject premises or total loss of value of said improvements. No adjustment will be deemed a permanent fixed improvement unless the actual cost of the improvement to the owner exceeds 1% of the purchase price for the unit paid by the owner. No adjustment will be made unless valid written documentation of the cost of said improvement is presented to the Director. Generated 8/30/2012 Page 8 Southampton Town Board - Letter Board Meeting of August 28, 2012 PLANNED DEVELOPMENT DISTRICT (PDD) As defined in Article XXVI, §_330-240, of the Town Code. QUALIFIED ACTIVE MEMBER OF FIRE/EMS VOLUNTEER COMMUNITY SERVICE An enrolled volunteer who is certified to be so enrolled for not less than one year by an incorporated volunteer fire company, fire department or volunteer ambulance service. QUALIFIED DISABLED INDIVIDUAL An individual who is not age-eligible for senior citizen housing or an age-restricted housing unit but at the time of availability of a community benefit unit has a physical impairment that substantially impairs one or more of his / her major life activities. Such individual shall be eligible for occupancy within an age-restricted unit under other provisions of applicable law governing age-restricted housing, provided that a letter of permission is authorized by the Town, pursuant to §216-5E. The Town may require proof of disability. SENIOR CITIZEN As defined in §330-5 of the Town Code. SENIOR CITIZEN HOUSING As defined in §330-5 of the Town Code. SENIOR CITIZEN HOUSING UNIT As defined in §330-5 of the Town Code. SENIOR CITIZEN PLANNED RESIDENTIAL DEVELOPMENT (SCPRD) As defined in §~330-5 and subject to the provisions of this chapter and Article TTT of Chapter 330, Zoning, of the Town Code. TOWN The Town of Southampton. TWO-FAMILY DWELLING As defined in §330-5 of the Town Code. UNIT RESERVED FOR LOW-INCOME HOUSEHOLD A dwelling unit, or unimproved lot, the cost of which makes it available to a Iow-income household; rental price and maximum sales price to be determined by the Department of Land Management based upon a formula adopted by Town Board resolution at such times as the Town Board deems appropriate. [Amended 8-12-2008 by L.L. No. 49-2008] UNIT RESERVED FOR MIDDLE-INCOME HOUSEHOLD Generated 8/30/2012 Page 9 Southampton Town Board - Letter Board Meeting of August 28, 2012 A dwelling unit, or unimproved lot, the cost of which makes it available to a middle-income household; rental price and maximum sales price to be determined by the Department of Land Management based upon a formula adopted by Town Board resolution at such times as the Town Board deems appropriate. [Amended 8-12-2008 by L.L. No. 49-2008] UNIT RESERVED FOR MODERATE-INCOME HOUSEHOLD A dwelling unit, or unimproved lot, the cost of which makes it available to a moderate- income household; rental price and maximum sales price to be determined by the Department of Land Management based upon a formula adopted by Town Board resolution at such times as the Town Board deems appropriate. [Amended 8-12-2008 by L.L. No. 49-2008] UNIVERSAL DESIGN As defined in §123-30 of Chapter 123, Building Construction, of the Town Code. [Added 6- 9-2009 by L.L. No. 24-2009] Section 3. Amendment. Section 216-4. (Administration and control of housing opportunities created pursuant to Chapter 330 of Town Code) of Chapter 216 of the Southampton Town Code is hereby amended by deleting the stricken words and adding the underlined words as follows: ,q216-4. Administration and control of housinq opportunities created pursuant to Chapter 330 of Town Code. A. The Department of Land Management or its agent will be responsible for the administration and control of community housing opportunities, as defined in §216-2, and community benefit units created pursuant to Chapter 330, Zoning, of the Town Code. [Amended 8-12-2008 by L.L. No. 49-2008] B. The Town will promulgate all rules and regulations, including model agreements and forms, necessary to implement this chapter and the provisions of Chapter 330, Zoning, pertaining to affordable housing or community benefit units. C. The Town will cause to be prepared and will maintain a housing registry, as defined in §216-2, of applicants interested in community housing opportunities and eligibility lists for the various units reserved for income-eligible households under Chapter 330, Zoning, of this Code. D. The Town will cause to be prepared and will maintain a community housing unit inventory, as defined in §216-2, of all units reserved for income-eligible households. E. Priority households. (1) To the extent permitted by law and federal, state, and county programs, priority for non-age-restricted affordable housing opportunities is as follows: (a) Income-eligible households residing year-round in the Town of Southampton in which at least one adult member is a qualified active member of fire / EMS volunteer community services in the Town, as defined in §216-2. Higher priority will be given to households residing in the school district in which a particular housing unit is located. Generated 8/30/2012 Page 10 Southampton Town Board - Letter Board Meeting of August 28, 2012 (b) Tncome-eligible households residing year-round in the Town in which one adult family member is an honorably discharged veteran of the United States Armed Forces. (c) Tncome-eligible households residing year-round in the Town of Southampton. Higher priority will be given to such households residing in the school district in which a particular housing unit is located. (d) Tncome-eligible households residing year-round outside of the Town of Southampton but in which an adult member works at a location physically within the Town. A higher priority will be given to those households in which at least one adult family member is currently employed by the Town of Southampton. (e) Tncome-eligible households an adult member of which previously resided year-round in the Town of Southampton. All others. (2) To the extent permitted by law and federal, state, and county programs, the priority population for age-restricted housing opportunities is as follows: (a) . . Tncome-eligible households residing year-round in the Town of Southampton in which at least one adult member is a qualified active member of fire / EMS volunteer community services in the Town, as defined in §216-2. A higher priority will be given to those households residing in the subject school district in which a particular housing unit is located. (b) . . Tncome-eligible households residing year-round in the Town in which one adult family member is an honorably discharged veteran of the United States Armed Forces. (c) . . Tncome-eligible households residing year-round in the Town of Southampton. A higher priority shall be given to households currently residing in the school district in which the particular housing unit is located. (d) . . Tncome-eligible households residing outside of the Town in which an adult child or adult grandchild who is a caregiver to the income-eligible /age- eligible individual resides in the Town of Southampton. Higher priority will be given if the child or grandchild is a qualified active member of fire / EMS volunteer community services in the Town, as defined in §216-2. (e) . . Tncome-eligible households who reside outside of the Town of Southampton but in which at least one adult member works at a location physically within the Town. A higher priority will be given to those households in which at least one adult member is currently employed by the Town of Southampton. Tncome-eligible households an adult member of which previously resided year-round in the Town of Southampton. Generated 8/30/2012 Page 11 Southampton Town Board - Letter Board Meeting of August 28, 2012 (g) All others. (3) The Town may develop a system for purposes of ensuring a weighted housing lottery for community housing opportunities. F. New York State General Municipal Law §72-h transfer program. Where designated uninhabitable improved parcels and vacant parcels are transferred by the County of Suffolk to the Town, or other not-for-profit housing organizations, for nominal consideration and constructed and/or reconstructed for affordable housing purposes, the following additional standards shall apply: [Added 6-9-2009 by L.L. No. 24-2009 Editor's Note: This local law also provided for the redesignation of former Subsections F through .1 as Subsections G_ through K_, respectively.] (1) Priority shall be given to income-eligible military veterans prior to any lottery system, consistent with the terms of Article 36 of the Suffolk County Administrative Code and §216-5A(5)(e) herein. Tncome-eligible military veterans shall have served during expeditionary service in a theatre of conflict in Traq or Afghanistan, as verified by the Office of Veterans' Affairs and the Director of Human Services, subject to the following: (a) The Office of Veterans' Affairs, together with the Director of Human Services, shall verify that an applicant possesses a form DD-214 to verify honorable service and one or more of the following awards/medals in order to qualify under this section: I-1] Afghanistan Campaign Medal; 1'2] Traq Campaign Medal; 1'3] Global War on Terrorism Expeditionary Medal; 1'4] Navy Expeditionary Medal (Traq or Afghanistan); 1'5] Marine Corps Expeditionary Medal (Traq or Afghanistan); 1'6] Combat Action Ribbon; 1'7] Combat Action Badge; 1'8] Combat Medical Badge; 1'9] Purple Heart Medal; and 1'10] Silver Star Medal. (2) Prior to any lottery system, priority shall be given to income-eligible Homeowners Displaced by Natural Disasters consistent with the definition provided in Section 216-2 of this Chapter. (2) (3) Units constructed and/or reconstructed on a parcel transferred pursuant to this Subsection F, to wit, the §72-h program, shall be constructed or reconstructed, as the Generated 8/30/2012 Page 12 Southampton Town Board - Letter Board Meeting of August 28, 2012 case may be, using universal design features in compliance with Article TV, Universal Design, of Chapter 123, Building Construction, of the Town Code. (3) (4) Each developer constructing and/or reconstructing units on a parcel transferred pursuant to the §72-h program shall submit written assurance to the Department of Land Management that construction activities will be provided in compliance with Article TV, Universal Design, of Chapter 123, Building Construction, of the Town Code. G. The Town Board may establish a limitation on the percentage of units reserved for income-eligible households for the higher priority populations in order to ensure a greater dispersion among eligible applicants on the housing registry. H. The Town Board may, upon recommendation by the Department of Land Management and the Community Housing Commission, for a particular housing lottery for certain development projects, establish an additional eligibility preference for first-time home buyers for units reserved for income-eligible households. [Amended 8-12-2008 by L.L. No. 49-2008] T. The Town Board may for any particular housing lottery establish an additional eligibility preference for year-round income-eligible senior citizen residents of the Town who have provided a life estate to their children or grandchildren for their existing home or have agreed to sell an interest in their existing home to the Community Housing Opportunity Fu nd. ,1. Tn instances where the conditions of any grant or federal, state or county regulations require eligibility priorities and restrictions different from the restrictions set forth in this chapter, the Town may accept same. K. Tn instances where the Department of Land Management recommends deviation from the aforementioned eligibility preference, the Town Board, by resolution, may authorize alternative priority income-eligible households. [Amended 8-12-2008 by L.L. No. 49- 2008] SECTION 4. Authority. The proposed local law is enacted pursuant to and Municipal Home Rule Law ~lO(l¥ii~(a¥11~ and (12) and ~lO(1)(ii)(d)(3). SECTION 5. Severability. Tf any section or subsection, paragraph, clause, phrase or provision of this law shall be adjudged 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 provisions 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 authorized to publish the following Notice of Public Hearing: NOTICE OF PUBLIC HEARING Generated 8/30/2012 Page 13 Southampton Town Board - Letter Board Meeting of August 28, 2012 PLEASE TAKE NOTTCE that a public hearing will be held by the Town Board of the Town of Southampton on September 25, 2012 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 LOCAL LAW amending Sections 216-2 and 216-4 of Southampton Town Code Chapter 216 to add Homeowners displaced by natural disasters who are eligible for housing opportunities created pursuant to Town Code Chapter 330 as Priority Households.'" Summary of Proposed Law The Town Board of the Town of Southampton seeks to provide a Priority for housing opportunities to homeowners whose primary residence has been rendered uninhabitable due to a natural disaster. This local law shall be amended so those homeowners will be eligible for a priority for housing opportunities created pursuant to Town Code Chapter 330. Copies of the proposed local 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. Fiscal Tmpact: None BY ORDER OF THE TOWN BOARD TOWN OF SOUTHAMPTON, NEW YORK SUNDY A. SCHERMEYER, TOWN CLERK RESULT: ADOPTED [UNANTMOUS] MOVER: Bridget Fleming, Councilwoman SECONDER: Anna Throne-Hoist, Supervisor AYES: Throne-Hoist, Malone, Scalera, Fleming, Nuzzi Generated 8/30/2012 Page 14 Southampton Town Board - Letter Board Meeting of August 28, 2012 RESOLUTION 2012-893 ADOPTED Item # 6.39 DOC ID: 15785 Commence SEQRA and Coordinate Lead Agency for Change of Zone Application from Highway Business (HB) and Residential Zoning Districts (R-20) to Shopping Center Business (SCB) as it Relates to the Redevelopment of the Tuckahoe Center WHEREAS, by letter dated February 3, 2012, Southampton Venture, LLC ("Southampton Venture'd, requested, pursuant to Town Code §330-185(C), a public work session to discuss its proposed application for a change-of-zone; and WHEREAS, by letter dated February 16, 2012, Southampton Venture provided additional information regarding said proposal, as required by the Department of Land Management; and WHEREAS, a public work session was held on Southampton Venture's change-of-zone proposal on March 16, 2012; and WHEREAS, the Town Board of the Town of Southampton adopted Resolution No. 2012-653 on .lune 12, 2012, electing to consider the Tuckahoe Center Change of Zone Application; and WHEREAS, specifically, Southampton Venture seeks to change three adjoining parcels of property, along the southeasterly side of Country Road 39 in the Hamlet of Tuckahoe (SCTM No's 900-158-3-4, 5, and 6), and a portion of a fourth parcel of property (SCTM No. 900- 158-3-19), which adjoins the northeasterly side of Magee Street in the Hamlet of Tuckahoe within the Town of Southampton, from Highway Business (HB) and Residence (R-20), respectively, to Shopping Center Business (SCB); and WHEREAS, on .luly 5, 2012, the Town Board of the Town of Southampton received a formal application for a Change of Zone to allow the development of the proposed Tuckahoe shopping center; and WHEREAS, specifically, the proposal seeks to rezone (i) the aforesaid three properties along the southeasterly side of Country Road 39, which comprise a total of 276,073 square feet, from their Highway Business (HB) designations, to Shopping Center Business (SCB), and (ii) the northerly portion of the aforesaid fourth parcel, which portion of such parcel includes 40,036 square feet, from Residential (R-20) to Shopping Center Business (SCB); and WHEREAS, the proposed redevelopment would encompass a total of 7.2569 acres (or 316,109 square feet) and would include a 40,000 square-foot market, supporting retail and commercial uses (contained in an 8,400 square-foot building and a separate 6,600 square- foot building) a 3,500 square-foot bank, and off-street parking and other accessory uses, as shown on the Proposed Concept Plan of Tuckahoe Center, prepared by The Raynor Group, and last revised .luly 2, 2012; and WHEREAS, the proposed Change of Zone is a Type T Action pursuant to the State Environmental Quality Review, and the regulating provisions of 6 NYCRR Part 617; and Generated 8/30/2012 Page 15 Southampton Town Board - Letter Board Meeting of August 28, 2012 WHEREAS, the following are deemed involved agencies: 1. Town of Southampton Town Board 2. Town of Southampton Planning Board 3. Suffolk County Department of Public Works Highway Planning and Permits 335 Yaphank Avenue Yaphank, New York 11980 4. Suffolk County Department of Health Services Kimberly Shaw, Office of Ecology 360 Yaphank Avenue suite 2 B Yaphank, New York 11980 5. New York State Department of Environmental Conservation-Region 1 SUNY-Building 40 Stony Brook, NY 11790 6. New York State Department of Environmental Conservation - Albany 625 Broadway Albany, NY 12233-0001; and WHEREAS, the following are deemed interested agencies: 1. Suffolk County Planning Commission PO Box 6100 Hauppauge, NY 11788-0099 2. Suffolk County Water Authority 4060 Sunrise Highway Oakdale, NY 11769 3. Southampton Town Engineer's Office 4. Building and Zoning Division 5. Planning Division 6. Environment Division 7. Municipal Works Department 8. Green Committee 9. Fire Marshal 10. Highway Department 11. Architectural Review Board 12. Director of Transportation and Safety 13. Police Department 14. Southampton Town Transportation Commission 15. Southampton Fire District 16. Southampton Village Fire Department 17. Southampton Volunteer Ambulance PO Box 2760 Southampton, NY 11969 18. Tuckahoe Common School District 468 Magee Street Southampton, NY 11968 19. Southampton/Tuckahoe/Shinnecock Hills Citizens Advisory Committee Ms. Bonnie Goebert 17 Hilltop Road Southampton, NY 11968 20. Village of Southampton Southampton Town Southampton Town Southampton Town Southampton Town Southampton Town Southampton Town Southampton Town Southampton Town Southampton Town Southampton Town Generated 8/30/2012 Page 16 Southampton Town Board - Letter Board Meeting of August 28, 2012 Mark Epley, Mayor 23 Main Street Southampton, NY 11968; and WHEREAS, by memorandum dated .luly 30, 2012, the Assistant Town Planning and Development Administrator and Long Range Planning staff determined that the project submission complies with the minimum submission requirements pursuant to Town Code §330-185(D), and thus, may proceed to the Town Board for public review; now therefore be it RESOLVED, that the Town Board of the Town of Southampton hereby coordinates lead agency status and directs the Town Clerk to forward the Environmental Assessment Form (EAF) Part T, together with the Change of Zone application, to all involved agencies for the purposes of determining Lead Agency for SEQRA review; and be it further RESOLVED, that, in addition, the Town Clerk shall forward the Change of Zone application to the Suffolk County Planning Commission, and all other interested agencies for their review and recommendations. Fiscal Tmpact: None RESULT: ADOPTED [4 TO 1] MOVER: Anna Throne-Hoist, Supervisor SECONDER: ]ames Malone, Councilman AYES: Anna Throne-Hoist, ]ames Malone, Christine Preston Scalera, Chris Nuzzi NAYS: Bridget Fleming Generated 8/30/2012 Page 17