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HomeMy WebLinkAboutSH RES 661, 682, 684 ............ri YA4i1 Sund A. Scherme er Town Clerk Southampton Town Board Y Y 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 Fax: (631) 283-5606 Hampton Bays Annex: (631) 723-2712 May 29, 2014 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@southam2tontownnv.gov. Signature: Date: ...,-'5/49// 9 Please be advised that the Town Board, at a meeting held on May 27, 2014 6:00 PM, reviewed the following resolution(s): Town Board Resolution 2014-661 Adopted [Unanimous] Resolution of Adoption Amending Town Code Section 330-5 and Town Code 330-84D to Address Pyramid Encroachments and Maximum Height in Conformance with State and Federal Regulations Town Board Resolution 2014-682 Adopted [Unanimous] Assume Lead Agency for the Purpose of SEQRA Review to Repeal and Replace 330-248T, Sandy Hollow Cove Residential Planned Development District (SHCRPDD), Hamlet of Tuckahoe Town Board Resolution 2014-684 Adopted [Unanimous] Notice of Public Hearing to Consider Amending Town Code Sections 330-9D(4) to Incentivize Landmark Designation for Carriage Houses Sincerely Yours, Sundy A. Schermeyer Town Clerk Generated 5/29/2014 Page 1 0,111 ` 1640 Southampton Town Board Sundy A. Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 �,. Fax: (631) 283-5606 Ink VI Hampton Bays Annex: (631) 723-2712 May 29, 2014 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@southamptontownnv.aov. Signature: Date: Please be advised that the Town Board, at a meeting held on May 27, 2014 6:00 PM, reviewed the following resolution(s): Town Board Resolution 2014-661 Adopted [Unanimous] Resolution of Adoption Amending Town Code Section 330-5 and Town Code 330-84D to Address Pyramid Encroachments and Maximum Height in Conformance with State and Federal Regulations Town Board Resolution 2014-682 Adopted [Unanimous] Assume Lead Agency for the Purpose of SEQRA Review to Repeal and Replace 330-248T, Sandy Hollow Cove Residential Planned Development District (SHCRPDD), Hamlet of Tuckahoe Town Board Resolution 2014-684 Adopted [Unanimous] Notice of Public Hearing to Consider Amending Town Code Sections 330-9D(4) to Incentivize Landmark Designation for Carriage Houses Sincerely Yours, <--� K5c � Sundy A. Schermeyer Town Clerk Generated 5/29/2014 Page 1 0,111 ` 1640 Southampton Town Board Sundy A. Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 �,. Fax: (631) 283-5606 Hampton Bays Annex: (631) 723-2712 May 29, 2014 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 May 27, 2014 6:00 PM, reviewed the following resolution(s): Town Board Resolution 2014-661 Adopted [Unanimous] Resolution of Adoption Amending Town Code Section 330-5 and Town Code 330-84D to Address Pyramid Encroachments and Maximum Height in Conformance with State and Federal Regulations CC: Kyle Collins Alexandra Sullivan Kathleen Murray Stan Glinka, Councilman ]anice Wilson Cindy Guerriero Anna Throne-Holst, Supervisor Janice Scherer, Principal Planner Bridget Fleming, Councilwoman Christine Preston Scalera, Councilwoman Kim Ottati Tara Coady, Assistant Dennis Finnerty, Chairman Dorota Godlewski Sundy A. Schermeyer, Town Clerk Lisa Dunlap Leonard Marchese Bradley Bender, Councilman Michael Baldwin Tiffany Scarlato Paul Rubano Kim Myers John Capone, Network Admin Sandra Cirincione Russell Kratoville Beth Kamper, Village Clerk Christopher Lubicich Brenda Prusinowski, Deputy Comm. of PELM Lori Riccardi, ZBA Head Clerk Martin Haley, Comm. of Bldg &Fire Prevention Donna Lent, Brookhaven Town Clerk Elizabeth Lindtvit, Village Clerk -Treasurer Michael Benincasa, Chief Building Inspector Clare Vail, Planner David Wilcox Generated 5/29/2014 Page 1 Southampton Town Board - Letter Board Meeting of May 27, 2014 Honorable Dorothy Ogar, Town Clerk William H. Rogers, Deputy Commissioner of PELM Tim Laube, Clerk Honorable Diane Wilhelm, Town Clerk Herb Phillips Stephen Funsch, Village Clerk/Treasurer Rosemarie Cary Winchell, Village Clerk Donald Louchheim, Mayor Carole Brennan, Town Clerk Sarah Lansdale, Director Tullio Bertoli, Commissioner of PELM Jacqueline Fenlon, Principal Planner L.I. State Park Commission Laura J. Dalessandro, Village Cerk Kerri Meyer Amy Pfeiffer Georgia Welch, Village Clerk Daniel Dresch, Director of Traffic Engineering Andrew Freleng, Chief Planner Town Board Resolution 2014-682 Adopted [Unanimous] Assume Lead Agency for the Purpose of SEQRA Review to Repeal and Replace 330-248T, Sandy Hollow Cove Residential Planned Development District (SHCRPDD), Hamlet of Tuckahoe CC: Christine Fetten Kyle Collins Alexandra Sullivan Kathleen Murray Stan Glinka, Councilman Cindy Guerriero Anna Throne-Holst, Supervisor Bridget Fleming, Councilwoman Christine Preston Scalera, Councilwoman Kim Ottati Tara Coady, Assistant Dennis Finnerty, Chairman Dorota Godlewski Alex Gregor, Superintendent of Highways Sundy A. Schermeyer, Town Clerk Lisa Dunlap Leonard Marchese Bradley Bender, Councilman Michael Baldwin Tiffany Scarlato Paul Rubano Kim Myers John Capone, Network Admin Sandra Cirincione Russell Kratoville Thomas Neely Frances Genovese Bonnie Goebert, Co-Chair Beth Kamper, Village Clerk Christopher Lubicich Brenda Prusinowski, Deputy Comm. of PELM Lori Riccardi, ZBA Head Clerk Martin Haley, Comm. of Bldg &Fire Prevention Donna Lent, Brookhaven Town Clerk Elizabeth Lindtvit, Village Clerk -Treasurer Michael Benincasa, Chief Building Inspector Clare Vail, Planner David Wilcox Honorable Dorothy Ogar, Town Clerk William H. Rogers, Deputy Commissioner of PELM Generated 5/29/2014 Page 2 Southampton Town Board - Letter Board Meeting of May 27, 2014 Tim Laube, Clerk Honorable Diane Wilhelm, Town Clerk Herb Phillips Stephen Funsch, Village Clerk/Treasurer Rosemarie Cary Winchell, Village Clerk Donald Louchheim, Mayor Carole Brennan, Town Clerk Sarah Lansdale, Director Tullio Bertoli, Commissioner of PELM Jacqueline Fenlon, Principal Planner L.I. State Park Commission Laura J. Dalessandro, Village Cerk Kerri Meyer Amy Pfeiffer Georgia Welch, Village Clerk Daniel Dresch, Director of Traffic Engineering Andrew Freleng, Chief Planner Janice Scherer Walter Hilbert, PE Kimberly Kennedy Cheryl Kraft Michael Charrier, Chair, ARB Kristin White, Secretary Walter Zamorski, EMS Advisory Committee Chris Dyer, Superintendent Town Board Resolution 2014-684 Adopted [Unanimous] Notice of Public Hearing to Consider Amending Town Code Sections 330-9D(4) to Incentivize Landmark Designation for Carriage Houses CC: Kyle Collins Alexandra Sullivan Kathleen Murray Stan Glinka, Councilman Kathryn Santiago, Assistant Town Attorney Cindy Guerriero Anna Throne-Holst, Supervisor Bridget Fleming, Councilwoman Christine Preston Scalera, Councilwoman Kim Ottati Tara Coady, Assistant Dennis Finnerty, Chairman Dorota Godlewski Sundy A. Schermeyer, Town Clerk Lisa Dunlap Leonard Marchese Bradley Bender, Councilman Michael Baldwin Tiffany Scarlato Paul Rubano Kim Myers John Capone, Network Admin Sandra Cirincione Russell Kratoville Zachary Studenroth, Town Historian Beth Kamper, Village Clerk Christopher Lubicich Brenda Prusinowski, Deputy Comm. of PELM Lori Riccardi, ZBA Head Clerk Martin Haley, Comm. of Bldg &Fire Prevention Donna Lent, Brookhaven Town Clerk Elizabeth Lindtvit, Village Clerk -Treasurer Michael Benincasa, Chief Building Inspector Clare Vail, Planner David Wilcox Honorable Dorothy Ogar, Town Clerk Generated 5/29/2014 Page 3 Southampton Town Board - Letter Board Meeting of May 27, 2014 William H. Rogers, Deputy Commissioner of PELM Tim Laube, Clerk Honorable Diane Wilhelm, Town Clerk Herb Phillips Stephen Funsch, Village Clerk/Treasurer Rosemarie Cary Winchell, Village Clerk Donald Louchheim, Mayor Carole Brennan, Town Clerk Sarah Lansdale, Director Tullio Bertoli, Commissioner of PELM Jacqueline Fenlon, Principal Planner L.I. State Park Commission Laura J. Dalessandro, Village Cerk Kerri Meyer Amy Pfeiffer Georgia Welch, Village Clerk Daniel Dresch, Director of Traffic Engineering Andrew Freleng, Chief Planner Sally Spanburgh, Landmarks &Historic Districts Board Janice Scherer Gary Cobb Nancy Mullan Susan Clark Eugene Carlson Janice Jay Young Thomas Ackerson Edward Wesnofske, Landmarks &Historic Districts Board Stephanie Davis, Biking Citizen Advisory Committee Janet M Johnson Sincerely Yours, Sundy A. Schermeyer Town Clerk Generated 5/29/2014 Page 4 Southampton Town Board - Letter Board Meeting of May 27, 2014 TOWN BOARD RESOLUTION 2014-661 Item # 6.22 ADOPTED DOC 1D: 20369 Resolution of Adoption Amending Town Code Section 330-5 and Town Code 330-84D to Address Pyramid Encroachments and Maximum Height in Conformance with State and Federal Regulations WHEREAS, the Town Board is considering amending Town Code Section 330-5 and Town Code Section 330-84D to address pyramid encroachments and maximum height in conformance with state and federal regulations; and WHEREAS, a public hearing was held on May 13, 2014, at which time all persons either for or against said amendment 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. 17 of 2014 is hereby adopted as follows: LOCAL LAW NO. 17 OF 2014 A LOCAL LAW amending Town Code Section 330-5 and Town Code Section 330-84D to address pyramid encroachments and maximum height in conformance with state and federal regulations. BE IT ENACTED by the Town Board of the Town of Southampton as follows: SECTION 1. Legislative Intent. On October 29, 2012, a severe storm (Hurricane Sandy) hit the Town of Southampton causing heavy flooding, power outages, and property damage including the destruction of many dwellings. Since then, a large number of our residents have had to repair or entirely reconstruct their homes, some of which require elevation in order to comply with State and Federal regulations. As the current Town zoning height restrictions and other limitations provide significant practical difficulties to these building plans, often necessitating relief from the Zoning Board of Appeals, this amendment seeks to obviate the need for relief by permitting the elevation of existing structures to conform to state and federal regulations notwithstanding the resultant pyramid encroachments or maximum height violations. SECTION 2. Amendment. The definition of "Height of Structure of Building" as provided for in Town Code §330-5 is hereby amended by adding the underlined words and deleting the stricken through words as follows: §330-S. Definitions. Generated 5/29/2014 Page 5 Southampton Town Board - Letter Board Meeting of May 27, 2014 HEIGHT OF STRUCTURE OR BUILDING - A. For buildings and structures in any AE or VE Zone as shown on the applicable Flood Insurance Rate Map (FIRM) prepared by the Federal Emergency Management Agency for the Town of Southampton, the vertical distance measured from elevation 0 NAVD (88) the n9ean sea level to the highest point of the highest roof, or in the case of a structure, to the highest point. Section 3. Amendment. Town Code §330-84D is hereby amended by adding the underlined words as follows: §330-84. Height. D. Pyramid Law. (1) Except on lots in the Village Business (VB) District, Office District (OD), Hamlet Office/Residential (HO) District, Hamlet Commercial/Residential (HC) District, or Light Industrial (LI-40 and LI-200) Districts, all buildings and structures on any lot in any district must remain within the sky plane of the lot. The sky plane shall begin at all property lines from the average elevation of the existing natural grade (prior to any site disturbance) adjacent to that building or structure and extend inward at an angle of 450. Notwithstanding any language in this subsection, the maximum height limitation for a building or structure in the dimensional tables of this chapter (§§330-11, 330-34 and 330-38) [41] shall not be exceeded at any point unless the structure is one exempted under Subsection A hereof or pursuant to D(2)(a) below. An illustration depicting a typical elevation view showing the control of height of buildings and structures under this subsection is included at the end of this chapter. (2) For buildings and structures in any AE or VE Zone as shown on the applicable Flood Insurance Rate Map (FIRM) prepared by the Federal Emergency Management Agency for the Town of Southampton, the height of any building or structure must remain in the sky plane of the lot. The sky plane shall begin at all property lines at base flood elevation plus any free board required by the Residential Code of the State Of New York and extend inward at an angle of 450. a. Except, existing buildings and structures located in any AE or VE Zone may be elevated and exceed the sky plane and the maximum height set forth above in order to conform with current state and federal regulations. E. The maximum height in any AE or VE Zone as shown on the applicable Flood Insurance Rate Map prepared by the Federal Emergency Management Agency for the Town of Southampton shall not exceed elevation +40 feet NAVD (88) plus required Residential Code of New York State freeboard or the maximum height in feet as shown on the table provided for in 330 Attachment 3, whichever is less. Section 4. Amendment. Footnote #6 provided for in 330 Attachment 3 is hereby amended by adding the underlined words and deleting the stricken through words as follows: FN. 6 Maximum height in any AE or VE Zone as shown on the applicable Flood Insurance Generated 5/29/2014 Page 6 Southampton Town Board - Letter Board Meeting of May 27, 2014 Rate Map prepared by the Federal Emergency Management Agency for the Town of Southampton shall not exceed 40 feet above nMean sea level elevation +40 feet NAVD (88) plus required Residential Code of New York State freeboard or the maximum height in feet as shown on this table, whichever is less. SECTION S. 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 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 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 IT RESOLVED, that the Town Clerk is hereby directed to publish the following Notice of Adoption: NOTICE OF ADOPTION TAKE NOTICE, that after a public hearing was held by the Town Board of the Town of Southampton on May 13, 2014, the Town Board, at its meeting of May 27, 2014, adopted LOCAL LAW NO. 17 of 2014, as follows: "A LOCAL LAW amending Town Code Section 330-5 and Town Code Section 330-84D to address pyramid encroachments and maximum height in conformance with state and federal regulations." Summary of Proposed Law This amendment to Town Code §330-5 and §330-84D permits existing dwellings and structures to be elevated to conform to state and federal regulations without requiring variance relief in connection with pyramid encroachments and maximum height. Copies of the local law, sponsored by Councilwoman Christine Preston Scalera 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 Impact: None. RESULT: ADOPTED [UNANIMOUS] MOVER: Christine Preston Scalera, Councilwoman SECONDER: Bradley Bender, Councilman AYES: Throne-Holst, Bender, Scalera, Fleming, Glinka Generated 5/29/2014 Page 7 Southampton Town Board - Letter Board Meeting of May 27, 2014 TOWN BOARD RESOLUTION 2014-682 Item # 6.44 ADOPTED DOC 1D: 20375 Assume Lead Agency for the Purpose of SEQRA Review to Repeal and Replace 330-248T, Sandy Hollow Cove Residential Planned Development District (SHCRPDD), Hamlet of Tuckahoe WHEREAS, on February 10, 2009 by Resolution 2009-212, the Town Board of the Town of Southampton established a Planned Development District under 330-248T entitled "Sandy Hollow Cove Residential Planned Development District" (SHCRPDD) on a parcel encompassing 2.61 acres of land located at 161 Sandy Hollow Road in the Hamlet of Tuckahoe, Town of Southampton, Suffolk County SCTM# 900-111-03-24; and WHEREAS, the rezoning from Residential 80,000 square feet (R-80) classification to a Residential Planned Development District (RPDD) was for the purpose of constructing a cooperative or condominium residential development consisting of sixteen (16) two- bedroom units; and WHEREAS, on March 28, 2014 the Town Clerk received an application from Georgica Green Ventures LLC to allow for twenty-eight (28) Community Benefit rental apartments with a range of studio, one-bedroom and two-bedroom units for affordable workforce/senior housing as well as design changes to the buildings and site layout in order to achieve the appearance of a traditional farmhouse and residential outbuildings in order to maintain and enhance the rural character of the area; and WHEREAS, the Change of Zone and any amendments thereto are considered a Type I Action pursuant to SEQRA and Section 330-244 G of the Town Code; and WHEREAS, the Town Board has identified the following as involved agencies: 1. Town of Southampton Planning Board 2. Suffolk County Department of Health Services 3. Suffolk County Department of Public Works Highway Planning and Permits 335 Yaphank Avenue Yaphank, New York 11980 WHEREAS, the following are determined to be interested agencies: 1. Suffolk County Planning Commission c/o Andrew Freleng P.O. Box 6100 Hauppauge, NY 11788-0099 2. Suffolk County Water Authority 4060 Sunrise Highway Oakdale, NY 11769 3. Southampton Town Engineer 4. Southampton Town Building Division 5. Southampton Town Fire Marshal 6. Southampton Town Highway Department 7. Southampton Town Architectural Review Board S. Southampton Town Director of Transportation and Traffic Safety Generated 5/29/2014 Page 8 Southampton Town Board - Letter Board Meeting of May 27, 2014 9. Southampton Fire District 10.Southampton Volunteer Ambulance 11.Southampton/Tuckahoe Citizens Advisory Committee 12.Tuckahoe School District WHEREAS, as directed by Resolution 2014-576, the Town Clerk forwarded the Change of Zone application to all involved agencies for the purposes of determining Lead Agency for SEQRA review; and WHEREAS, no involved agency has responded to the coordination request or made comments on this action at this time; now THEREFORE BE IT RESOLVED, that the Town Board of the Town of Southampton hereby assumes Lead Agency, and upon submission of all necessary information from the applicant, will assess the potential significance of any associated adverse impacts on the environment pursuant to the State Environmental Quality Review Act and Chapter 157 of the Town Code; and BE IT FURTHER RESOLVED, that the Town Clerk is directed to notify all involved and interested agencies of the Town Board's Lead Agency status. Financial Impact: None RESULT: ADOPTED [UNANIMOUS] MOVER: Anna Throne-Holst, Supervisor SECONDER: Stan Glinka, Councilman AYES: Throne-Holst, Bender, Scalera, Fleming, Glinka Generated 5/29/2014 Page 9 Southampton Town Board - Letter Board Meeting of May 27, 2014 TOWN BOARD RESOLUTION 2014-684 Item # 6.48 ADOPTED DOC 1D: 2038o A Notice of Public Hearing to Consider Amending Town Code Sections 330-9D(4) to Incentivize Landmark Designation for Carriage Houses WHEREAS, by resolution 2013-704, the Town Board of the Town of Southampton set a public hearing on a proposed local law "amending Town Code §330-9(D)(4) to waive the development right requirement and setbacks for two dwellings on one lot when one of the two dwellings is a designated Town landmark"; and WHEREAS, public hearings were held on August 13, 2013 and September 10, 2013, and closed on September 24, 2013 where through the public process it became apparent that instead of waiving the development right requirement, the Town Board may instead consider extinguishing a Town-owned development right in exchange for landmarking a carriage house; and WHEREAS, by doing this the Town Board has identified another avenue for receiving TDR's and can utilize banked development rights to incentivize the public benefit of maintaining historic resources and community streetscapes; and WHEREAS, the local law has been amended to reflect the changes discussed at the public hearings proposed; and WHEREAS, a public hearing was scheduled for May 27, 2014 and substantial changes have been made to the local law that require re-noticing of the public hearing; now, therefore, be it RESOLVED, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on June 24, 2014 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 §330-9(D)(4) to incentivize landmark designation for carriage houses by extinguishing a Town owned development right, waiving certain setbacks for those carriage houses that are designated Town landmarks and providing for a public hearing before the Town Board for the same," which provides as follows: LOCAL LAW NO. OF 2014 A LOCAL LAW amending Town Code §330-9(D)(4) to incentivize landmark designation for carriage houses by extinguishing a Town owned development right, waiving certain setbacks for those carriage houses that are designated Town landmarks and providing for a public hearing before the Town Board for the same. BE IT ENACTED by the Town Board of the Town of Southampton as follows: Section 1. Legislative Intent. The Town Board of the Town of Southampton recognizes that the identity of a people is founded on its past and that the Town of Southampton has many significant historic, Generated 5/29/2014 Page 10 Southampton Town Board - Letter Board Meeting of May 27, 2014 architectural and cultural resources, all constituting part of its heritage. The Town Board believes that the protection, enhancement and perpetuation of landmarks are necessary to promote the economic, cultural, educational and general welfare of the public. In furtherance of this belief, the Town Board seeks to enact legislation to allow for the extinguishment of a Town owned development right to satisfy the development right requirement for those carriage houses that are designated Town landmarks. This legislation also proposes to relax setback requirements for the resultant accessory structure that is the designated Town landmark and set up procedural guidelines requiring a public hearing for this process. Section 2. Amendment. Town Code Section 330-9(D)(4) is hereby amended by adding the underlined words as follows: (4) Carriage Houses. The Chief Building Inspector may only authorize a density incentive for two dwellings on one lot (one principal and one accessory dwelling on one lot) where one or more development right or PBC is transferred to the site. The development right or PBC transfer shall not be required when one of the two dwellings is a designated Town Landmark, pursuant to Town Code � 330-321, and the Town Board has determined to extinguish a Town-owned development right in favor of the application. Further, in addition to the general standards listed in 330-9C above, the Chief Building Inspector shall determine that such development (carriage house) meets the following criteria: (a) The minimum lot area required for the addition of a carriage house shall be three acres in the CR-200, CR-120 and R-120 Zones and not less than 1 1/2 times the minimum lot size of the zoning district in all other eligible zones. (b) The principal dwelling shall comply with all applicable dimensional requirements of the code; however, the Chief Building Inspector may approve an application where a preexisting principal dwelling does not meet the applicable dimensional regulations when the proposed carriage house meets all of the principal dwelling setbacks. (i) When the preexisting principal dwelling is a designated Town Landmark, pursuant to Town Code � 330-321, and is proposed to be converted to a carriage house in its preexisting location, said historic structure designated as a Town Landmark shall not be required to meet the applicable dimensional regulations provided the proposed new principal dwelling meets all required principal setbacks. (c) The carriage house shall have a front yard setback of at least 10 feet greater than the principal dwelling setback. The carriage house shall have a side yard setback of not less than 30 feet and a rear yard setback of not less than 50 feet. (d) Lot coverage may be increased by the Chief Building Inspector by no more than 2% However, except as explicitly authorized herein, the applicant must in be in conformance with all other applicable zoning regulations. Generated 5/29/2014 Page 11 Southampton Town Board - Letter Board Meeting of May 27, 2014 (e) The carriage house may be one or two stories or added to the second floor of an accessory garage when the maximum height of the building does not exceed 24 feet. (f) The total floor area of the carriage house shall not exceed 50% of the floor area of the principal dwelling or a maximum of 3,000 square feet, exclusive of decks, stairways, patios or other unroofed portions of the structure. (g) The method of water supply and sewage disposal for the two dwellings shall be approved by the Suffolk County Department of Health Services. (h) Access to the principal dwelling and carriage house shall be limited to one driveway. (i) When possible, new utility lines shall be shared; however, any new utilities to the carriage house shall be placed underground. (j) A parcel consisting of a principal structure and carriage house shall not be further subdivided. Lk I Town Board evaluation of an application to extinguish a Town-owned development right, in relation to a carriage house designated, or proposed to be designated, as a Town Landmark, pursuant to Town Code � 330-321, shall be as follows: (i) All applications to extinguish a Town-owned development right, in relation to a carriage house designated as a Town Landmark, shall be available from and submitted to the Department of Land Management and forwarded to the Town Board for review. (ii) Application to extinguish a Town-owned development right may be made at the same time as application for designation as a Town Landmark, or separately. (iii) The Town Board may only extinguish a Town-owned development right in favor of an application concerning a carriage house designated as a Town Landmark, after a public hearing in accordance with this section. (iv) In making a determination under this section, the Town Board may obtain and consider written reports from the Department of Land Management and such other sources as required in the judgment of the Town Board and consistent with the purpose of this section. (v) Hearing; notice; action during process. a. The Town Board shall hold such a public hearing within 60 days of receipt of a complete application. Generated 5/29/2014 Page 12 Southampton Town Board - Letter Board Meeting of May 27, 2014 b. The Town Board shall fix a time and place for a public hearing thereon and shall provide for the giving of notice at least 10 days prior to the date thereof in accordance with this section. c. Notice shall be published in the official Town newspaper at least 10 days prior to the date of the public hearing_ d. The Town Board shall require the applicant to erect a white- and-black-lettering sign or signs measuring not less than two feet long and one foot wide, which shall be prominently displayed on the premises facing each public street on which the property abuts, giving notice that an application for extinguishing a Town-owned development right, in relation to a carriage house designated or proposed to be designated as a Town Landmark, is pending and the date, time and place where the public hearing will be held. The sign shall not be set back more than 10 feet from the street line and shall not be less than two nor more than six feet above the grade at the street line. The sign shall be made of durable material and shall be furnished by the Department of Land Management. It shall be displayed for a period of not less than 10 days immediately_preceding the public hearing date. No additional posting shall be required for any adjournment date. The applicant shall file an affidavit that he/she has complied with the provisions of this section. e. If the land involved in an application is within 500 feet of the boundary of any other municipality, notice of the public hearing shall also be mailed to the Municipal Clerk of such other municipality. f. The Town Board shall require the applicant to mail written notice of the date, time and place of the hearing, together with a copy of the application and survey submitted to the Town Board, by certified mail, return receipt requested, to every property owner, as shown on the current Town of Southampton assessment rolls, of parcels abutting and parcels directly opposite (by extension of lot lines through a street or right-of-way) of the property which is the subject of the application, proof of which shall be submitted to the Town Board on or before the commencement of the public hearing in the form of an affidavit with postal receipts annexed thereto confirming mailing of said notices at least 10 days prior to the hearing date. Generated 5/29/2014 Page 13 Southampton Town Board - Letter Board Meeting of May 27, 2014 q. The Town Board shall render a determination within 45 days of the close of the public hearing and written record. 0 The Town Board may require covenants or other similar documents to assure that the provisions of this article are adhered to. Section 3. Authority. This local law is enacted pursuant to Town Law Article 16 and Municipal Home Rule Law §10(1)(ii)(a)(11). Section 4. Severability. If 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 S. Effective Date. This local law shall take effect immediately upon filing with the Secretary of State pursuant to the Municipal Home Rule Law. AND BE IT FURTHER RESOLVED, that the Town Clerk is hereby directed to forward a copy of the proposed amendment 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 June 24, 2014 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 §330-9(D)(4) to incentivize landmark designation for carriage houses by extinguishing a Town owned development right, waiving certain setbacks for those carriage houses that are designated Town landmarks and providing for a public hearing before the Town Board for the same." Summary of Proposed Law The Town Board seeks to incentivize landmark designation for carriage houses by extinguishing a Town owned development right, waiving certain setbacks for those carriage houses that are designated Town landmarks and providing for a public hearing before the Town Board for the same. Copies of the proposed law, sponsored by Councilwoman Fleming 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 Generated 5/29/2014 Page 14 Southampton Town Board - Letter Board Meeting of May 27, 2014 Financial Impact: None RESULT: ADOPTED [UNANIMOUS] MOVER: Bridget Fleming, Councilwoman SECONDER: Bradley Bender, Councilman AYES: Throne-Holst, Bender, Scalera, Fleming, Glinka Generated 5/29/2014 Page 15