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Home My WebLink AboutSH RES 461Southampton Town Board ;t16 Hampton Road Southampton, NY 1;L968 Sundy A. Schermeyer Town Clerk Telephone: (631) 287-5740 Fax: (631) 283-5606 Hampton Bays Annex: (631) 723-2712 April 25, 2013 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 ba~,l~.to townclerk@southaml~tontownnv.oov. Sign a t u re ,~/~'~'~ ~-~'?(' ~--'~-~ Date: Please be advisec~that the Town Board, at a meeting held on April 23, 2013 6:00 PM, reviewed the following resolution(s): Town Board Resolution 2013-46:~ Adopted [Unanimous] Resolution of Adoption Amending Town Code Chapter 250 (Outdoor Sidewalk Dining) Sincerely Yours, Sundy A. Schermeyer Town Clerk Generated 4/25/2013 Page 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, 2013 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 23, 2013 6:00 plVl, reviewed the following resolution(s): Town Board Resolution 2013-461 Adopted [Unanimous] Resolution of Adoption Amending Town Code Chapter 250 (Outdoor Sidewalk Dining) CC: Christopher Nuzzi, Councilman Kyle Collins Janice Wilson Cindy Guerriero Kristen Tuffy Anna Throne-Hoist, Supervisor Janice Scherer, Principal Planner James Malone, Councilman Bridget Fleming, Councilwoman Christine Preston Scalera, Councilwoman Cheryl Kraft 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 Michael Benincasa, Chief Building Tnspector Clare Vail, Planner Dennis Finnerty, Planning Board Chairman David Wilcox Honorable Dorothy Ogar, Town Clerk William H. Rogers, Deputy Commissioner of PELM Tullio Bertoli, Commissioner of PELM Annette Eaderesto, Brookhaven Town Arty Gilbert Anderson, Deputy Commissioner Herb Phillips Stephen Funsch, Village Clerk/Treasurer Rosemarie Caw Winchell, Village Clerk Donald Louchheim, Mayor Honorable Frederick Overton, Town Clerk Janice Scherer Sarah Lansdale, Director Jacqueline Fenlon, Senior Planner L.T. State Park Commission Laura J. Delessandro, Village Cerk Generated 4/25/2013 Page i Southampton Town Board - Letter Board Meeting of April 23, 2013 Alexandra Sullivan Kerri Meyer Kathleen Murray Honorable Diane Wilhelm, Town Clerk Georgia Welch, Village Clerk Tim Laube, Clerk Andrew Freleng, Chief Planner Sundy Schermeyer, Town Clerk Lisa Dunlap Leonard Marchese, Comptroller Michael Baldwin Tiffany Scarlato Dorota Godlewski, Deputy Comptroller Paul Rubano Kim Myers John Capone Sandra Cirincione Russell Kratovill Kim Ottati Tara Coady Sincerely Yours, Sund¥ A. Schermeyer Town Clerk Generated 4/25/2013 Page 2 Southampton Town Board - Letter Board Meeting of April 23, 2013 TOWN BOARD RESOLUTION 2013-461 ADOPTED Item # 6.20 DOC ID: 17401 Resolution of Adoption Amending Town Code Chapter 250 (Outdoor Sidewalk Dining) WHEREAS, the Town Board is considering amending Town Code Chapter 250 (OUTDOOR STDEWALK DTNTNG) Section 2 (B) (8), to allow for restaurants to have a minimum of four (4) outdoor seats; and WHEREAS, a public hearing was held by the Town Board of the Town of Southampton on April 23, 2013, at which time all persons either for or against said amendment were heard; and WHEREAS, this proposed local law is considered a "Type TT 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. 8 of 2013 is hereby adopted as follows: LOCAL LAW NO. 8 OF 2013 A LOCAL LAW amending Town Code Chapter 250 (OUTDOOR STDEWALK DTNTNG) to allow for restaurants to have a minimum of four (4) outdoor seats. BE TT 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, both economic and aesthetic, that outdoor dining provides to a resort community such as the Hamptons. The current legislation allows existing restaurants to offer outdoor sidewalk dining within the Town from May through October of each year, subject to a license issued annually by the Chief Fire Marshal. Through this legislation the Town has allowed local businesses to take advantage of the beautiful scenery and streetscapes within the Town when serving their patrons. The intent of the proposed amendment to Chapter 250, Section 2(8) is to permit smaller establishments to have a minimum of four (4) outdoor seats so that those establishments are also able to take advantage of this opportunity. SECTTON 2. Amendment. Section 250-2 (License required; conditions of license) of Town Code Chapter 250 (Outdoor Sidewalk Dining) is hereby amended by adding the underlined words as follows: CHAPTER 250 OUTDOOR STDEWALK DTNTNG §250-2. License required; conditions of license. Generated 4/25/2013 Page 3 Southampton Town Board - Letter Board Meeting of April 23, 2013 A. Upon obtaining a license to do so from the Chief Fire Marshal, a standard restaurant, as defined in Town Code §330-5, may use the public sidewalk to provide outdoor sidewalk dining in accordance with the following provisions. B. Tn order to be eligible for a license, a business must meet the following requirements: (1) The business must be a standard restaurant which lawfully serves food for consumption on the business premises at indoor dining seats. (2) The business must be located in a building which directly abuts a sidewalk which is no less than 10 feet in width measured from the exterior wall of the building in which the business is located to the inside edge of the curb. (3) The sidewalk dining area shall be located directly in front of the building occupied by the licensed business, shall not extend more than six feet from the exterior wall of the building, unless otherwise approved by the Chief Fire Marshal, and shall stay within the width of (shall not exceed beyond the width of) the building space occupied by the restaurant. (4) The sidewalk dining area shall be located so as to assure adequate space on the sidewalk for pedestrians utilizing the sidewalk. An unobstructed (such obstructions including, but not limited to, trees, signs, bicycle racks, utility poles, and planters) sidewalk width of at least six (6) feet shall be maintained for pedestrian use of the sidewalk. (5) All exits and means of egress from the business premises occupied by the licensed business shall be maintained and shall not be obstructed in any manner. (6) The sidewalk dining area shall be open to the sky, except that it may be covered only with a retractable awning. No advertising may be displayed on said awning other than the name of the licensed business. (7) The sidewalk dining area shall not be enclosed. No fencing, railing, or similar barrier shall be utilized to delineate the sidewalk dining area. The sidewalk dining area may be delineated by utilizing ropes. No objects shall be placed on the sidewalk dining area other than movable tables and chairs. (8) The sidewalk dining area may contain movable tables and chairs for outdoor dining. The number of outdoor dining seats within the sidewalk dining area shall not exceed 20% or four (4) seats, whichever is greater, of the number of indoor dining seats, lawfully provided by the licensed business on the business premises. During the period when outdoor dining seats are provided on the sidewalk dining area, the number of indoor dining seats utilized by the licensed business shall be correspondingly reduced. (9) The term of such license shall be from April 1 to November 1. An outdoor sidewalk dining license shall not be transferred or assigned by the licensed business. (10) The permitted hours of operation of a sidewalk dining area shall be from 7:00 a.m. to 11:00 p.m. Tables and chairs must be removed from the sidewalk by Generated 4/25/2013 Page 4 Southampton Town Board - Letter Board Meeting of April 23, 2013 11:30 p.m. and may not be placed on the sidewalk prior to 7:00 a.m. Tables and chairs must be removed from the sidewalk during inclement weather. (11) The sidewalk dining area shall not be used for any purpose other than the service of food and beverages (including alcoholic beverages) for consumption on the sidewalk at tables and chairs within the sidewalk dining area. The service of alcoholic beverages alone, without any food, shall be prohibited at the outdoor dining area. (12) The licensed business operating the sidewalk dining area shall be responsible for trash removal and shall maintain the public property on which it is located, and the surrounding five feet up to the road margin, in a clean and litter-free manner during the hours of operation. Tables and chairs shall be maintained in good condition. (13) The applicant for an outdoor sidewalk dining license shall be responsible for obtaining, maintaining in full force and effect, and complying with the terms and conditions of any permit which may be required under any other law or regulation for the serving of food and beverages, including alcoholic beverages, provided that such activity has been licensed by the State Liquor Authority pursuant to Town Code §89-4. (14) A sidewalk dining area shall not use any public amenities such as benches, seats, or trash receptacles provided for public use of the sidewalk. (15) Exterior lighting equipment that may present a tripping hazard is not permitted. Temporary electrical connections, such as extension cords, are not permitted. Exterior electrical lighting specifically designed for the sidewalk dining area is not permitted. (16) Outdoor music shall be prohibited in the outdoor dining area. SECTION 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). SECTION 4. Severability. ]f any section or subdivision, 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 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 the Municipal Home Rule Law. AND BE ]T FURTHER RESOLVED, that the Town Clerk is hereby directed to publish the following Notice of Adoption: NOTICE OF ADOPTION Generated 4/25/2013 Page 5 Southampton Town Board - Letter Board Meeting of April 23, 2013 TAKE NOTTCE that, after a public hearing was held by the Town Board of the Town of Southampton on April 23, 2013, the Town Board, at its meeting of April 23, 2013, adopted LOCAL LAW NO. 8 OF 2013, as follows: "A LOCAL LAW amending Town Code Chapter 250 (OUTDOOR STDEWALK DTNTNG) to allow for restaurants to have a minimum of four (4) outdoor seats." Copies of the law, sponsored by Councilman Christopher Nuzzi, 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 Financial Tmpact: none RESULT: ADOPTED [UNANTMOUS] MOVER: Chris Nuzzi, Councilman SECONDER: Christine Preston Scalera, Councilwoman AYES: Throne-Hoist, Malone, Scalera, Fleming, Nuzzi Generated 4/25/2013 Page 6