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Southampton Town Board 3 Sundy A. Schermeyer Town Clerk
116 Hampton Road a Telephone: (631) 287-5740
Southampton, NY 11968 '�;, �” Fax: (631) 283-5606
Hampton Bays Annex: (631) 723-2712
July 16, 2015
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.gov.
Signature: Date: -2
Please be advised that the Town Board, at a meeting held on July 14, 2015 1:00 PM,
reviewed the following resolution(s):
Town Board Resolution RES -2015-713 Adopted [Unanimous]
Resolution Adopting Amendments to Town Code Section 330-5 (Definitions) and Town Code
Section 330-109 (Fences, walls, accessory driveway structures, and clotheslines) in
Connection with Public Garden Fencing
Town Board Resolution RES -2015-716 Adopted [Unanimous]
Resolution to Consider Adopting Amendments to Article XXIX of the Town Code to Update
and Clarify Provisions as they Relate to the Town Code's Outdoor Lighting Regulations
Town Board Resolution RES -2015-719 Adopted [Unanimous]
Authorize the Designation of the Reverend Nathaniel Fanning Residence located at 1372
Flanders Road, Flanders as a Historic Landmark under Southampton Town Code Section
330-321
Town Board Resolution RES -2015-733 Adopted [Unanimous]
Adopt Final Scope for the Preparation of a Draft Environmental Impact Statement (DEIS) for
the Zone Change Application Entitled "The Hills at Southampton'; to Rezone Certain
Properties in the Hamlet of East Quogue from Residential 200 (CR200) to Mixed -Use
Planned Development District (MUPDD)
Town Board Resolution RES -2015-741 Adopted [Unanimous]
Notice of Public Hearing to Consider zoning changes in the Hamlet of Westhampton from
Office District (OD) to Hamlet Office/Residential (HO) and Hamlet Commercial/Residential
(HC)
Generated 7/16/2015 Page 1
Southampton Town Board - Letter Board Meeting of July 14, 2015
Sincerely Yours,
s
Sundy A. Schermeyer
Town Clerk
Generated 7/16/2015 Page 2
Southampton Town Board
116 Hampton Road
Southampton, NY 11968
Honorable Elizabeth Neville
Town of Southold
P.O. Box 1179
Southold, NY 11971
Dear Honorable Elizabeth Neville:
Sundy A. Schermeyer Town Clerk
Telephone: (631) 287-5740
Fax: (631) 283-5606
Hampton Bays Annex: (631) 723-2712
July 16, 2015
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 July 14, 2015 1:00 PM,
reviewed the following resolution(s):
Town Board Resolution RES -2015-713 Adopted [Unanimous]
Resolution Adopting Amendments to Town Code Section 330-5 (Definitions) and Town Code
Section 330-109 (Fences, walls, accessory driveway structures, and clotheslines) in
Connection with Public Garden Fencing
Town Board Resolution RES -2015-716 Adopted [Unanimous]
Resolution to Consider Adopting Amendments to Article XXIX of the Town Code to Update
and Clarify Provisions as they Relate to the Town Code's Outdoor Lighting Regulations
Town Board Resolution RES -2015-719 Adopted [Unanimous]
Authorize the Designation of the Reverend Nathaniel Fanning Residence located at 1372
Flanders Road, Flanders as a Historic Landmark under Southampton Town Code Section
330-321
Town Board Resolution RES -2015-733 Adopted [Unanimous]
Adopt Final Scope for the Preparation of a Draft Environmental Impact Statement (DEIS) for
the Zone Change Application Entitled "The Hills at Southampton'; to Rezone Certain
Properties in the Hamlet of East Quogue from Residential 200 (CR200) to Mixed -Use
Planned Development District (MUPDD)
Town Board Resolution RES -2015-741 Adopted [Unanimous]
Notice of Public Hearing to Consider zoning changes in the Hamlet of Westhampton from
Office District (OD) to Hamlet Office/Residential (HO) and Hamlet Commercial/Residential
(HC)
Generated 7/16/2015 Page 1
Southampton Town Board - Letter Board Meeting of July 14, 2015
Sincerely Yours,
<--� K5c�
Sundy A. Schermeyer
Town Clerk
Generated 7/16/2015 Page 2
Southampton Town Board
116 Hampton Road
Southampton, NY 11968
Honorable Elizabeth Neville
Town of Southold
P.O. Box 1179
Southold, NY 11971
Dear Honorable Elizabeth Neville:
Sundy A. Schermeyer Town Clerk
Telephone: (631) 287-5740
Fax: (631) 283-5606
Hampton Bays Annex: (631) 723-2712
July 16, 2015
Please be advised that the Town Board, at a meeting held on July 14, 2015 1:00 PM,
reviewed the following resolution(s):
Town Board Resolution RES -2015-713 Adopted [Unanimous]
Resolution Adopting Amendments to Town Code Section 330-5 (Definitions) and Town Code
Section 330-109 (Fences, walls, accessory driveway structures, and clotheslines) in
Connection with Public Garden Fencing
CC: Kerri Meyer
Patricia Boudreau -Sullivan
Kathleen Murray
Stan Glinka, Councilman
Kim Ottati
Tara Coady, Assistant
Kyle Collins
]anice Wilson
Cindy Guerriero
Anna Throne-Holst, Supervisor
Janice Scherer, Principal Planner
Bridget Fleming, Councilwoman
Christine Preston Scalera, Councilwoman
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
Kandice Cowell
Kathryn Garvin
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
Helen Burgess, ZBA Member
Generated 7/16/2015 Page 1
Southampton Town Board - Letter Board Meeting of July 14, 2015
Elizabeth Lindtvit, Village Clerk - Treasurer
Michael Benincasa, Chief Building Inspector
Clare Vail, Principal Planner
David Wilcox
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
Janice Scherer
Sarah Lansdale, Director
Denise O'Brien
Tullio Bertoli, Commissioner of PELM
Brian DeSesa
Jacqueline Fenlon, Senior Planner
Keith Tuthill
Adam Grossman, Vice Chairman
L.I. State Park Commission
Laura J. Dalessandro, Village Cerk
Laura Tooman, Zoning Board Member
Honorable Dorothy Ogar, Town Clerk
Amy Pfeiffer
Georgia Welch, Village Clerk
Daniel Dresch, Director of Traffic Engineering
Andrew Freleng, Chief Planner
Town Board Resolution RES-20IS-716 Adopted [Unanimous]
Resolution to Consider Adopting Amendments to Article XXIX of the Town Code to Update
and Clarify Provisions as they Relate to the Town Code's Outdoor Lighting Regulations
CC: Kerri Meyer
Patricia Boudreau -Sullivan
Kathleen Murray
Stan Glinka, Councilman
Kim Ottati
Tara Coady, Assistant
Kyle Collins
]anice Wilson
Cindy Guerriero
Anna Throne-Holst, Supervisor
Janice Scherer, Principal Planner
Bridget Fleming, Councilwoman
Christine Preston Scalera, Councilwoman
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
Kandice Cowell
Kathryn Garvin
Beth Kamper, Village Clerk
Christopher Lubicich
Brenda Prusinowski, Deputy Comm. of PELM
Lori Riccardi, ZBA Head Clerk
Martin Haley, Comm. of Bldg & Fire Prevention
Generated 7/16/2015 Page 2
Southampton Town Board - Letter Board Meeting of July 14, 2015
Donna Lent, Brookhaven Town Clerk
Helen Burgess, ZBA Member
Elizabeth Lindtvit, Village Clerk - Treasurer
Michael Benincasa, Chief Building Inspector
Clare Vail, Principal Planner
David Wilcox
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
Janice Scherer
Sarah Lansdale, Director
Denise O'Brien
Tullio Bertoli, Commissioner of PELM
Brian DeSesa
Jacqueline Fenlon, Senior Planner
Keith Tuthill
Adam Grossman, Vice Chairman
L.I. State Park Commission
Laura J. Dalessandro, Village Cerk
Laura Tooman, Zoning Board Member
Honorable Dorothy Ogar, Town Clerk
Amy Pfeiffer
Georgia Welch, Village Clerk
Daniel Dresch, Director of Traffic Engineering
Andrew Freleng, Chief Planner
Town Board Resolution RES -2015-719 Adopted [Unanimous]
Authorize the Designation of the Reverend Nathaniel Fanning Residence located at 1372
Flanders Road, Flanders as a Historic Landmark under Southampton Town Code Section
330-321
CC: Kerri Meyer
Patricia Boudreau -Sullivan
Kathleen Murray
Stan Glinka, Councilman
Kim Ottati
Tara Coady, Assistant
Kyle Collins
Cindy Guerriero
Anna Throne-Holst, Supervisor
Bridget Fleming, Councilwoman
Christine Preston Scalera, Councilwoman
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
Kandice Cowell
Kathryn Garvin
Beth Kamper, Village Clerk
Christopher Lubicich
Brenda Prusinowski, Deputy Comm. of PELM
Generated 7/16/2015 Page 3
Southampton Town Board - Letter Board Meeting of July 14, 2015
Lori Riccardi, ZBA Head Clerk
Martin Haley, Comm. of Bldg & Fire Prevention
Donna Lent, Brookhaven Town Clerk
Helen Burgess, ZBA Member
Elizabeth Lindtvit, Village Clerk - Treasurer
Michael Benincasa, Chief Building Inspector
Clare Vail, Principal Planner
David Wilcox
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
Janice Scherer
Sarah Lansdale, Director
Denise O'Brien
Tullio Bertoli, Commissioner of PELM
Brian DeSesa
Jacqueline Fenlon, Senior Planner
Keith Tuthill
Adam Grossman, Vice Chairman
L.I. State Park Commission
Laura J. Dalessandro, Village Cerk
Laura Tooman, Zoning Board Member
Honorable Dorothy Ogar, Town Clerk
Amy Pfeiffer
Georgia Welch, Village Clerk
Daniel Dresch, Director of Traffic Engineering
Andrew Freleng, Chief Planner
Edward Wesnofske, Landmarks & Historic Districts Board
Nancy Mullan
Janice Jay Young
Kara Bak
Stephanie Davis, Biking Citizen Advisory Committee
Judith Pascale, SC Clerk
Janet M Johnson
Sally Spanburgh, Landmarks & Historic Districts Board
William Heine
Gary Cobb
Susan Clark
Sheila Comparetto
Zachary Studenroth, Town Historian
Sarah Pleat
Rich Naso
Victoria Farruggia
Vincent Taldone
Kenneth Ettlinger
Town Board Resolution RES-20IS-733 Adopted [Unanimous]
Adopt Final Scope for the Preparation of a Draft Environmental Impact Statement (DEIS) for
the Zone Change Application Entitled "The Hills at Southampton'; to Rezone Certain
Properties in the Hamlet of East Quogue from Residential 200 (CR200) to Mixed -Use
Planned Development District (MUPDD)
CC: Christine Fetten
Kerri Meyer
Patricia Boudreau -Sullivan
Kathleen Murray
Stan Glinka, Councilman
Kim Ottati
Tara Coady, Assistant
Kyle Collins
Generated 7/16/2015 Page 4
Southampton Town Board - Letter Board Meeting of July 14, 2015
Cindy Guerriero
Anna Throne-Holst, Supervisor
Bridget Fleming, Councilwoman
Christine Preston Scalera, Councilwoman
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
Robert Pearce
Kandice Cowell
Kathryn Garvin
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
Helen Burgess, ZBA Member
Elizabeth Lindtvit, Village Clerk - Treasurer
Michael Benincasa, Chief Building Inspector
Clare Vail, Principal Planner
David Wilcox
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
Janice Scherer
Sarah Lansdale, Director
Denise O'Brien
Tullio Bertoli, Commissioner of PELM
Brian DeSesa
Jacqueline Fenlon, Senior Planner
Keith Tuthill
Adam Grossman, Vice Chairman
L.I. State Park Commission
Laura J. Dalessandro, Village Cerk
Laura Tooman, Zoning Board Member
Honorable Dorothy Ogar, Town Clerk
Amy Pfeiffer
Georgia Welch, Village Clerk
Daniel Dresch, Director of Traffic Engineering
Andrew Freleng, Chief Planner
Bob Kandall, East Quogue Civic
Al Algieri, East Quogue Civic
Joan Hughes, Chair
Lorraine Gregory, Secretary - Board of Fire Commissioners
Robert Long, Interim Superintendent
Wayne Bruyn, Esq.
Michael Charrier, Chair, ARB
Cheryl Kraft
Peter Scully, Director
Julie Hargrave
Walter Hilbert, PE
Kimberly Shaw
Generated 7/16/2015 Page 5
Southampton Town Board - Letter Board Meeting of July 14, 2015
Chief War Memorial Ambulance
Town Board Resolution RES -2015-741 Adopted [Unanimous]
Notice of Public Hearing to Consider zoning changes in the Hamlet of Westhampton from
Office District (OD) to Hamlet Office/Residential (HO) and Hamlet Commercial/Residential
(HC)
CC: Kerri Meyer
Patricia Boudreau -Sullivan
Kathleen Murray
Stan Glinka, Councilman
Kim Ottati
Tara Coady, Assistant
Kyle Collins
Cindy Guerriero
Anna Throne-Holst, Supervisor
Bridget Fleming, Councilwoman
Christine Preston Scalera, Councilwoman
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
Hank Beck, Chair
Steven Rosmarin, Member
Robert Mozer, Member
Kandice Cowell
Kathryn Garvin
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
Helen Burgess, ZBA Member
Elizabeth Lindtvit, Village Clerk - Treasurer
Michael Benincasa, Chief Building Inspector
Clare Vail, Principal Planner
David Wilcox
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
Janice Scherer
Sarah Lansdale, Director
Denise O'Brien
Tullio Bertoli, Commissioner of PELM
Brian DeSesa
Jacqueline Fenlon, Senior Planner
Keith Tuthill
Adam Grossman, Vice Chairman
L.I. State Park Commission
Laura J. Dalessandro, Village Cerk
Generated 7/16/2015 Page 6
Southampton Town Board - Letter Board Meeting of July 14, 2015
Laura Tooman, Zoning Board Member
Honorable Dorothy Ogar, Town Clerk
Amy Pfeiffer
Georgia Welch, Village Clerk
Daniel Dresch, Director of Traffic Engineering
Andrew Freleng, Chief Planner
Carol Oborski
John Blaney, Vice Chair Planning Board
Sincerely Yours,
Sundy A. Schermeyer
Town Clerk
Generated 7/16/2015 Page 7
Southampton Town Board - Letter Board Meeting of July 14, 2015
TOWN BOARD RESOLUTION 2015-713 Item # 8.25
ADOPTED DOC 1D: 22621
Resolution Adopting Amendments to Town Code Section
330-5 (Definitions) and Town Code Section 330-109 (Fences,
walls, accessory driveway structures, and clotheslines) in
Connection with Public Garden Fencing
WHEREAS, the Town Board is considering amending Town Code §330-5 (Definitions) and
Town Code §330-109 (Fences, walls, accessory driveway structures, and clotheslines) in
connection with Public Garden Fencing; and
WHEREAS, public hearings were held on June 23, 2015, and July 14, 2015, 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. 19 of 2015 is hereby adopted as follows:
LOCAL LAW NO. 19 OF 2015
A LOCAL LAW amending Town Code §330-5 (Definitions) and Town Code §330-109 (Fences,
walls, accessory driveway structures, and clotheslines) in connection with Public Garden
Fencing.
BE IT ENACTED by the Town Board of the Town of Southampton as follows:
SECTION 1. Legislative Intent.
The Town Code currently does not permit eight foot deer fences within the Town of
Southampton absent either: (i) a variance from the Zoning Board of Appeals or (ii) approval
from the Town of Southampton Planning Board for residential properties located within an
Agricultural Overlay District. Since the Town Board finds that the promotion and
preservation of public gardens is essential to the community, this amendment would
empower the Planning Board to increase the height of deer fencing on properties boasting
public gardens in all zoning districts so long as they are operated by philanthropic,
governmental, or educational organizations.
SECTION 2. Amendment.
Town Code §330-5 (Definitions) is hereby amended by adding the underlined words in
alphabetical order as follows:
As used in this article, the following terms shall have the meanings indicated:
§330-S. Definitions.
Generated 7/16/2015 Page 8
Southampton Town Board - Letter Board Meeting of July 14, 2015
PUBLIC GARDEN - A garden designed for educational purposes with scientifically ordered
and maintained collections of plants, usually documented and labeled, and open to the
general public on a regular and predetermined basis for purposes, including but not limited
to, scientific research, conservation, display and education. A public garden shall be
operated by a philanthropic or governmental organization; or affiliated with an educational
institution.
SECTION 3. Amendment.
Town Code 330-109 (Fences, walls, accessory structures, and clotheslines) is hereby
amended by adding the underlined words as follows:
§330-109. Fences, walls, accessory driveway structures, and clotheslines.
F. Public Garden Fencing.
(1) Within all Zoning Districts, the Planning Board may approve an increase in the
permitted height of a fence located in any yard in order to protect subject gardens
from damage due to deer, subject to the following_
(a) The maximum height of the fence may not exceed eight feet.
(b) Visibility (open space) must be provided through said fence equaling a
minimum of 40% of the area.
(c) The subject public garden meets the definition pursuant to section 330-5.
(d) The fence shall be located landward of any existing buffer area or transition
yard required pursuant to X330 -83G, but in no case less than 20 feet from
any public right-of-way.
(e) The installation of the fencing will be accomplished in a manner to preserve
and protect the visual and scenic resources of the Town, which may include
appropriate ornamental planting or natural buffer provided in order to screen
the subject fence from the public right-of-way.
(2)An application for public garden fencing shall be submitted to the Planning Board and
shall included a landscape plan as may be necessary to illustrate compliance with
X330 -109F(1) above.
SECTION 4. Authority.
The proposed local law is enacted pursuant to Town Law §264 and §265 and Municipal
Home Rule Law §10(1)(ii)(a)(12) and §10(1)(ii)(a)(14).
SECTION S. 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 6. Effective Date.
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Southampton Town Board - Letter Board Meeting of July 14, 2015
This Local Law shall take effect upon filing in 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 public hearings were held by the Town Board of the Town of
Southampton on June 25, 2015, and July 14, 2015, the Town Board, at its meeting of July
14, 2015, adopted LOCAL LAW NO. 19 of 2015, as follow: "A LOCAL LAW amending Town
Code §330-5 (Definitions) and Town Code §330-109 (Fences, walls, accessory driveway
structures, and clotheslines) in connection with Public Garden Fencing;
Summary of Proposed Law
This amendment to Town Code Section 330-5 (Definitions) and Town Code Section 330-109
(Fences, walls, accessory driveway structures, and clotheslines) adds a definition for "Public
Garden" and authorizes the Town Planning Board to increase the height of deer fencing for
public gardens in all zoning districts.
Copies of the proposed local law, sponsored by Councilwoman Christine 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: Stan Glinka, Councilman
AYES: Throne-Holst, Bender, Scalera, Fleming, Glinka
Generated 7/16/2015 Page 10
Southampton Town Board - Letter Board Meeting of July 14, 2015
TOWN BOARD RESOLUTION 2015-716 Item # 8.28
ADOPTED DOC 1D: 22626
Resolution to Consider Adopting Amendments to Article
XXIX of the Town Code to Update and Clarify Provisions as
they Relate to the Town Code's Outdoor Lighting Regulations
WHEREAS, the Town Board is considering amending Article XXIX of the Town Code to
update and clarify provisions as they relate to the Town's outdoor lighting regulations; and
WHEREAS, a public hearing was held on June 23, 2015, 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. 22 of 2015 is hereby adopted as follows:
LOCAL LAW NO. 22 OF 2015
A LOCAL LAW amending Article XXIX of the Town Code to update and clarify provisions as
they relate to the Town's outdoor lighting regulations.
BE IT ENACTED by the Town Board of the Town of Southampton as follows:
Section 1. Legislative Intent
Since the adoption of the Town's Outdoor Lighting Code (Article XXIX) in December 2009,
the Dark Skies Advisory Committee has been monitoring both the implementation of the
new regulations and developments in the fast -changing lighting industry. As a result, the
Committee is proposing some amendments to the Code. Use of LED fixtures for outdoor
lighting was in its infancy in 2009 but is now commonplace. Such fixtures emit light with a
high blue content that has much greater impact on the environment and human health than
the High Pressure Sodium fixtures that previously dominated the field. The original Code
frequently required/preferred HPS rather than Metal Halide, an earlier blue -rich technology.
A number of the proposed amendments are to establish a consistent maximum Correlated
Color Temperature rather than specifying or limiting particular types of lamps.
Also since adoption of Article XXIX, the Illuminating Engineering Society has introduced a
new luminaire classification system called BUG (for Backlight, Uplight, and Glare) to replace
the previous "cutoff' categories. After careful review, the Committee has decided not to
recommend switching Article XXIX to the BUG system because of its complexity and the fact
that it has not been universally adopted. (Cutoff classification can still be determined from
photometric data submitted by the applicant.) Some additional revisions are proposed to
streamline, clarify, and strengthen the Outdoor Lighting Code.
Section 2. Amendment.
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Southampton Town Board - Letter Board Meeting of July 14, 2015
Town Code §330-341 (Definitions) is hereby amended by deleting the stricken words and
adding the underlined words as follows:
§330-341. Definitions.
As used in this article, the following terms shall have the meanings indicated:
ESSENTIAL LIGHTING Light used for a specified period of time that is necessary for a
specific purpose while said purpose is actively being served. This includes lighting that is
necessary to promote location identification, public circulation, e -public safety, and fully
shielded security lighting.
HIGH-PRESSURE SODIUM (HPS) A type of high-intensity discharge lamp that primarily
employs sodium. These lamps produce light with a warm eCorrelated eColor tTemperature
of approximately 2;100 K and have a eColor rRendering flndex of around 25.
KELVIN The unit of measurement used to characterize the color of light emitted by a lamp.
See also "eCorrelated eColor tTemperature."
LAMP . A light bulb
or other component of a fixture that changes electricity into visible light.
LAMP TYPE The category to which a lamp belongs by virtue of the process by which it
produces light. The principal categories are incandescent, fluorescent, low-pressure sodium,
high-intensity discharge (HID) (which includes high-pressure sodium, metal halide, and
mercury vapor), and LED (light -emitting diode). The categories vary in terms of:
A. The amount of light output (lumens) per watt consumed;
B. Lamp life;
C. The color of the light emitted (eCorrelated eColor tTemperature); and
D. The accuracy with which colors of an illuminated object are reproduced
(eColor rRendering flndex).
LED (Light -Emitting Diode) A semiconductor device that emits visible light when electrical
current passes throuah it.
LIGHTING Equipment and effects of lighting pFeduced by aFtificial n9eans.-Man-made
illumination or equipment used to produce it.
LOW-PRESSURE SODIUM A type of discharge lamp that primarily employs sodium. These
lamps have a higher lumen output per watt than HID lamps but low eColor rRendering
flndex.
MERCURY VAPOR A type of high-intensity discharge lamp that uses mercury as the primary
light -producing element. Mercury vapor lamps produce light with a cool eCorrelated eColor
tTemperature (CCT) from 3;000 to 7;000 K.
METAL HALIDE A type of high-intensity discharge lamp that uses mercury and several
halide additives as light -producing elements. Metal halide lamps are typically available with
cool eCorrelated eColor tTemperatures (CCT) from 2;300 to 5;400 K and with CRI values
from 60 to 93.
MOUNTING HEIGHT, The vertical distance measured from the
average elevation of the existing natural grade or average elevation of the approved grade
(if cut/fill activities are proposed) to the lowest light -emitting part of an installed fixture.
Generated 7/16/2015 Page 12
Southampton Town Board - Letter Board Meeting of July 14, 2015
OUTDOOR LIGHTING Lighting that provides illumination to a surface, building, structure,
device, or other outdoor feature. Any fixture located indoors that is intended to illuminate
something afpt-outdoors suFface, stFuctuFe, e_ etheF feat„_., is considered outdoor lighting
for the purposes of this article.
PHOTOMETRIC(S) or PHOTOMETRY A technical test to determine light distribution and
performance of a fixture. A photometric report, which may include candlepower distribution
data, cutoff or other light distribution classification, footcandle chart, etc., is generally
available from the manufacturer.
Section 3. Amendment
Town Code §330-342 is hereby amended by deleting the stricken words and adding the
underlined words as follows:
§330-342. Applicability.
A. New lighting. All outdoor lighting newly installed on Fesiden ial and non Fesidential
des after the effective date of this article shall comply with its provisions.
B. Preexisting lighting. All Fesid^^}"' and non Fesid^^}"' properties with legally existing and
operative outdoor lighting at the effective date of this article shall be exempt from
compliance, subject to the provisions below.
(1) Any outdoor lighting fixture that is replaced, changed, repaired, or relocated, in
whole or in part, after the effective date of this article shall comply with its
provisions.
(2) Non-residential lighting.
(a) Subsequent to the effective date of this article, any addition or expansion
(whether single or cumulative) that is made to a non-residential property, whereby
lot coverage or floor area is increased by 25% or more, shall subject said non-
residential property to the provisions of this article for the entire property, including
previously installed and any new outdoor lighting.
(b) Subsequent to the effective date of this article, any addition or expansion
(whether single or cumulative) that is made to an existing non-residential property
encompassing at least 104,000 square feet of development (including a commercial
center or industrial park) prior to expansion, whereby lot coverage or floor area is
increased by 1$25% or more, shall subject said non-residential property to the
provisions of this article for the entire property, including previously installed and
any new outdoor lighting.
(3) Residential lighting. Subsequent to the effective date of this article, any addition
or expansion (whether single or cumulative) that is made to a residential property,
whereby lot coverage or floor area is increased by 25% or more, shall subject said
residential property to the provisions of this article for the entire property, including
previously installed and any new outdoor lighting.
(4) Nuisance lighting. The exemption shall not apply if the Town determines, upon
complaint, that certain outdoor lighting creates nuisance lighting as defined in §330-
341. If the Town determines, upon complaint by an affected neighbeFing pFopeFty
public Fight of way, diFectly acFess a body of wateF eF acFess a vacant paFeel -of
land), that nuisance lighting exists on a property causing loss of enjoyment, comfort,
or repose, that lighting shall comply with Subsection B(5) below, in accordance with
the procedures outlined in §330-348B. Any Fesident of the Town who owns or
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Southampton Town Board - Letter Board Meeting of July 14, 2015
eccupies an affected neighbeFing pFepeFty n9ay seek Felief fFeng nuisance lighting—by
filing a complaint with the Town. it is enceuFaged that Fesidents atten9pt to contact,
lighting cencems thFough mediation pFieF to filing a complaint with the Town.
(a) Light trespass shall be considered nuisance lighting when:
[1] Illuminance at or beyond a property line abutting a residential parcel, nature
preserve, or waterway exceeds 0.05 footcandle as measurable from any orientation
of the measuring device; or
[2] Illuminance at or beyond a property line abutting a non-residential property or
public right-of-way exceeds 0.1 footcandle as measurable from any orientation of the
measuring device; or
(b) Glare light shall be considered nuisance lighting when a light source is seen from
a neighboring property or roadway at sufficient intensity to cause discomfort,
annoyance, or impaired visibility.
(5) Abatement of nuisance lighting. If the Town determines nuisance lighting to exist
on a property, that lighting shall comply with either Subsection B(5)(a) or (b) below,
in accordance with the procedures outlined in §330-348B.
(a) To the extent that the abatement of nuisance lighting will require re -aiming a
fixture or re-lamping to reduce lumen output, such lighting shall be re -aimed and/or
re-lamped so that the light source is not visible across property lines.
(b) To the extent that the abatement of nuisance lighting will require removing,
replacing, shielding, retrofitting, or relocating a fixture, such lighting shall be
removed, replaced, shielded, retrofitted, or relocated so that the light source is not
visible across property lines.
(6) Hours of operation. Pre-existing lighting on both residential and non-residential
properties shall comply with the limits on hours of operation set forth in X330 -345E
and X330 -346E of this Code.
(67) All LIPA (or its successors or assigns) leased preexisting nonconforming fixtures
(i.e., "dusk to dawn") shall be removed, replaced or retrofitted on or before January
1, 2012. All replacement or retrofitted lighting shall meet the following requirements:
(a) Full -cutoff fixtures and shields shall be installed so that the light source is not
visible from any adjacent roadway or any private property other than that on which
the lessee is located; and
(b) Light levels shall not exceed the values as specified in Tables 1 and 2;E11 and
(c) High pFessuFe sediung lan9ps shall be used. Correlated Color Temperature of
lamps may not exceed 3000 kelvin.
(d) No new light fixture (other than municipal streetlighting) shall be installed on a
public utility pole after the effective date of this article.
C. Use. Lighting plans and installations shall continue to be reviewed by the Town based on
the use of a property and with due regard to the underlying zoning district as well as
potential impacts to existing adjacent uses.
D. Other laws.
(1) In the case where this article is found to be in conflict with another provision of
local law, the provision or requirement that is the more restrictive, or that which
establishes the higher standard, shall prevail.
(2) Sign lighting. Illumination of signs shall be governed by Article XXII, Signs, of
this Code (Signs) and any amendments thereto.
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Southampton Town Board - Letter Board Meeting of July 14, 2015
(3) Special events. Outdoor lighting for special events shall be governed by
Chapter283 (Special Events) of this Code and any amendments thereto.
E. Other jurisdictions. Federal, state, and county agencies with facilities located within the
Town are urged to comply with the provisions of this article except where doing so would
conflict with established regulations.
Section 4. Amendment
Town Code §330-343 is hereby amended by deleting the stricken words and adding the
underlined words as follows:
§330-342. Exempt and prohibited outdoor lighting.
A. Exempt outdoor lighting. The following are exempt from the provisions of this article:
(1) All temporary emergency lighting determined to be necessary by the Chief of
Police, Chief Fire Marshal, Superintendent of Highways, or other firefighting or
emergency service providers.
(2) Lighting used in municipal road construction or emergency repair or maintenance
of utility lines, sewer, water mains or similar public infrastructure.
(3) Holiday lighting, as defined in §330-341.
(4) Flag uplighting, provided any such flag is not used for advertising purposes and
the light source is not visible across property lines or into from roadways.
(5) Underwater lighting used for swimming pools, provided such lighting meets all
relevant electrical codes.
(6) Lighting for radio, communication and navigation towers, provided that the
owner or occupant demonstrates to the satisfaction of the Planning Board that the
Federal Aviation Administration (FAA) regulations can only be met through the use of
lighting that does not comply with this article, and that the provisions of this article
are otherwise met to the fullest extent possible. Lighting for any wireless
communications facility shall not be permitted unless required by the FAA; in which
case, required lighting shall be of the lowest allowed intensity, unless specifically
forbidden by the FAA.
(7) Runway lighting on any approved landing strip or runway, provided that the
owner or occupant demonstrates that FAA regulations can only be met through the
use of lighting that does not comply with this article.
(8) Lighting installed to illuminate public monuments, provided that the light levels
do not exceed two footcandles on any light surface monument and do not exceed
four footcandles on any dark surface.
(9) Historic -style fixtures that are part of an existing and approved continuous
lighting design, where the piecemeal replacement with compliant fixtures would
unacceptably degrade the aesthetic characteristics of the overall design. This
exemption shall not be construed to preclude the installation of fixtures complying
with this article.
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Southampton Town Board - Letter Board Meeting of July 14, 2015
B. Prohibited outdoor lighting. The following outdoor lighting shall not be permitted within
the Town as of the effective date of this article, except as exempt above:
(1) Lamps having eCorre/ated eCo/or tTemperature in excess of 3;000 kelvin.
(2) Lighting used to illuminate a property other than that on which the fixture is
located.
(3) Searchlights, except those used for governmental or emergency purposes.
(4) Strobe lights and laser lights, including laser light shows and aerial laser lights.
(5) Neon lights, except as legally permitted.
(6) Fixtures that revolve or create blinking, flickering, scrolling, rotating, pulsating or
tracing light, including on signs, exclusive of exempt holiday lighting.
(7) Flashing lights, unless temporarily triggered by a security system and
extinguished at the time of security response.
(8) Any type of lighting used to outline all or part of a building (for example, a
window, roof, or gable), except for fully recessed soffit lighting that otherwise
complies with this article.
(9) Any light fixture that may be construed as or confused with a traffic signal, traffic
control device or maritime navigational markers.
(10) Lighting that is determined by municipal law enforcement to contribute to a
condition of disabling or distracting glare into a public roadway.
(11) Any light fixture located within or illuminating a designated nature preserve,
conservation easement, public beach, or waterway, except as approved by the Town
or the applicable agency.
(12) When visible across property lines, the illumination of vending machines after
the close of business.
(13) "Day burners" or outdoor lighting which is illuminated during daylight hours.
(145) Mercury vapor (MV) lamps.
Section S. Amendment
Town Code §330-345B and §330-345F are hereby amended by deleting the stricken words
and adding the underlined words as follows:
§330-345. Residential lighting standards.
All residential and multifamily residential properties shall comply with the following
standards. For new construction, the Architectural Review Board may permit minor
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Southampton Town Board - Letter Board Meeting of July 14, 2015
adjustments to any lighting requirement herein, provided that the proposed outdoor lighting
is found to be reasonable, necessary, and consistent with the purposes of this article.
B. Shielding. All outdoor lighting fixtures shall be fully shielded and aimed straight
downward, with the following exceptions:
(1) Outdoor lighting fixtures with total light output of 900 lumens or less (60 watts
incandescent or less) are exempt from the shielding and aiming requirement above.
(2) Unshielded outdoor lighting fixtures operated by motion sensors are permitted,
provided that:
(a) The fixture is set to go on only when activated and to go off within five minutes
after activation has ceased; and
(b) The sensor shall not be triggered by activity off the property; and
(c) The output per fixture does not exceed 1,800 lumens (100 watts incandescent).
(3) Unshielded floodlights not exceeding 1,800 lumens per fixture (100 watts
incandescent) are permitted, provided they are aimed no higher than 450 and do not
cause nuisance lighting, as defined in § 330-341 (See Figure 2.)El�
(4) Driveway lighting. Unshielded fixtures installed in or on a pillar or post at the foot
of a driveway may not exceed 250 lumens (25 watts incandescent) per pillar/post.
F. ,
feF speFts lighting puFsuant to §330 346 1(6)-. No light fixture on a residential property
(other than snorts liahtina) shall have a total liaht output exceedina 2.600 lumens (150
watts incandescent).
Section 6. Amendment
Town Code §§330-346 A and F are hereby amended by deleting the stricken words and
adding the underlined words as follows:
§330-346. Non-residential lighting standards. Properties with non-residential lighting, as
defined in §330-341, shall comply with the following standards. The Town Planning and
Development Administrator or Planning Board may permit minor adjustments to any lighting
requirement herein, provided that the proposed outdoor lighting is found to be reasonable,
necessary, and consistent with the purposes of this article.
A. Nuisance prevention. Outdoor lighting on non-residential properties shall be designed and
installed so that all light which that is emitted by any outdoor light fixture shall not shine on
or illuminate any neighboring property. No outdoor lighting shall be maintained or operated
in such a manner so as to be nuisance lighting, as defined in §330-341.
F. Lamp types. Any lamp type except Mercury Vapor may be used as long as the lamp's
Correlated Color Temperature does not exceed 3000 kelvin.
- - - -- - - -- -- - - - - - -- - - - -
•..
('31) Metal halide (MH) lan9ps shall be lingited to speFts lighting and CaF dealeFship do
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Southampton Town Board - Letter Board Meeting of July 14, 2015
Section 7. Amendment
Town Code §330-346I(5) and (6) are hereby amended by deleting the stricken words and
adding the underlined words as follows:
I. Additional lighting requirements for specific applications. In addition to §330-346A
through H, the following requirements shall apply to the specific lighting applications below:
(5) Car dealerships.
(a) All fixtures shall be full -cutoff and shall not cause glare or light trespass onto
adjoining properties or into roadways.
(b) Light levels for display areas shall not exceed those in Table 5.E6� Parking lot and
other areas shall conform to the requirements of §330-346I(1).
fH Any peFn9itted lan9p type not exceeding 3,000 l(elvin n9ay be used On display
aFeas only.
(6) Sports lighting. A combination of high pFessuFe sediung, ngetal halidej
(a) Fixtures shall be full -cutoff as designed and installed. Where full -cutoff fixtures
are not available, light fixtures with auxiliary shielding may be used provided that in
the final installed configuration: (a) the shielding extends to within three (3) inches
of the lowest part of the light fixture opening; and (b) the field -side edge of the
shielding is no more than three (3) inches above a horizontal line running through
the lowest part of the light fixture opening (Figures 4a and 4b). The fixtures shall be
installed and maintained with aiming angles that permit no more than one percent
(1%) of the light emitted by each fixture to project above the horizontal. , �•��"2
exception of fields located on n9unicipal pFepeFty which n9ay engpley fixtuFes t
engit up to 2Q/o of the light above the lowest light engitting part of the fixtuFe.
(b) Light sources shall not exceed 3000 kelvin. On non-residential properties a
combination of lamps with higher (cooler) and lower (warmer) Correlated Color
Temperatures (CCT) may be used as long as the lumen -weighted average CCT does
not exceed 3000 kelvin (Lumen -weighted average CCT = (kelvin degrees of warmer
lamps x total lumens of such lamps) + (kelvin degrees of cooler lamps x total lumens
of such lamps) - total project lumens).
).Sports lighting shall meet the following height and setback requirements:
[1] Residential properties: The mounting height shall be no greater than 1/4 the
distance to the property line and shall not exceed 18 feet.
[2] Non-residential properties: no height restriction.
(d) Sports lighting shall not exceed the following light trespass limits:
[1] Residential properties: at any point on the property line: 0.05 footcandles.
[2] Non-residential properties: at any point on the property line when adjacent to
residential properties: 0.1 footcandle; otherwise: 1.0 footcandle.
(e) Sports lighting shall not exceed the illumination levels appropriate for the amount
of spectator seating. Facilities with 500 or fewer fixed spectator seats may not
exceed illuminance levels specified for Class IV facilities in IES RP -6, "Recommended
Practice for Sports and Recreational Area Lighting." Larger facilities may not exceed
illuminance levels recommended for these other Classes:
501-1,499 fixed spectator seats—Class III
1,500-4,999 fixed spectator seats—Class II
5,000 or more fixed spectator seats—Class I
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Southampton Town Board - Letter Board Meeting of July 14, 2015
(f) Certification. The design and installation of every sports lighting system shall be
certified by a registered engineer, architect, or landscape architect as conforming to
requirements a -e above.
(eg) Sports lighting shall not be turned on if there is no scheduled play and shall be
shut off within one hour after closing to the public. Lower light level off -field lighting
may be provided for safe egress.
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Section 8. Amendment
Town Code §330-347D is hereby amended by deleting the stricken words and adding the
underlined words as follows:
§330-347. Procedures.
D. The following items shall accompany a lighting plan submission for review and approval
by the Planning Board:
(1) A site plan complete with all existing and proposed structures, parking spaces,
building entrances, traffic areas (both vehicular and pedestrian), vegetation that
might interfere with lighting, indicating with shading or highlighting all areas where
pedestrians shall be walking or where pedestrians may come in conflict with vehicles.
(2) A detailed lighting plan shall be submitted for review and approval for sites that
will have a total lumen output of 4,000 or greater. Said plan shall indicate:
(a) Footcandle measurements on a grid of the site showing readings in every five-
foot square. The grid shall include the location and installed height of each existing
and proposed fixture (i.e., pole -mounted lights, wall -mounted lights., and lighting
�g streetlights), and the overall light levels, in footcandles, on the entire site.
(b) The grid shall extend at least 20 feet beyond the site property lines, indicating
the zoning of all adjacent properties to assure compliance with light trespass
requirements.
(c) Photometric plans shall be prepared by the fixture manufacturer or a licensed
professional, architect, landscape architect, or engineer and shall provide calculation
of average maintained footcandles, maximum and minimum footcandle readings, and
the average -to -minimum and the maximum -to -minimum uniformity ratios.
(3) A description of each light fixture as depicted and identified on the site plan,
including the manufacturer, model number, a photograph of the fixture and a
manufacturer's catalog cut -sheet, detailed IES formatted photometric data, a
description of the cutoff characteristics of each fixture, light output; in initial lumens,
and lamp type, and Correlated Color Temperature verifying any compliance
requirements specified within this article.
(4) Mounting height indicated with the distance to the nearest property line for each
proposed and existing fixture, including pole foundation description.
(5) Shielding or glare reduction devices and all mounting details.
(6) Types of timing devices or motion sensor devices used to control the fixtures and
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Southampton Town Board - Letter Board Meeting of July 14, 2015
schedule of the proposed hours when each fixture will be operated.
(7) Total outdoor lamp lumens for all fixtures on the property, calculated at initial
lumen output.
(8) A summary key table identifying the maximum, minimum, and average light
levels in footcandles as well as uniformity ratios for all parking areas and walkways.
E. When considering a site plan application, the Planning Board may require the use of
motion sensor devices to control lighting for illumination of a building entrance, recreation
areas, parking areas, accessways or other such areas.
F. A post -installation inspection shall be conducted by a qualified lighting designer to verify
compliance with the approved plan. The applicant shall submit a certification to the Planning
Board verifying that such inspection was performed and that the installed system operates
and is in conformance with the approved plan along with a manufacturer's cut-
sheet/certification for the installed fixtures prior to the issuance of a certificate of occupancy
or other Town approval.
G. The Town shall have the right to conduct a post -installation inspection on any property
with an approved lighting plan to verify compliance with the requirements of this article
and, if appropriate, to require remedial action at the expense of the applicant.
Section 9. Amendment
Town Code §330-348 is hereby amended by deleting the stricken words and adding the
underlined words as follows:
§330-348. Prohibited acts; penalties for offenses.
A. It shall be unlawful for any person, firm, owner, tenant, person in possession,
partnership, corporation or other business entity (hereinafter "person and/or business
entit to install, alter, repair, move, equip, use or maintain or allow such installation of
any outdoor lighting in violation of any of the provisions of this article, or to fail in any
manner to comply with a notice, directive or order of the Chief Building Inspector or
designee, or Code Enforcement Officer.
B. If, after investigation, the Chief Building Inspector, or designee, or the Code Enforcement
Officer finds that any provision of this article is being violated or nuisance lighting exists,
notice shall be given by hand delivery or by certified mail, return receipt requested, of such
violation to the owner and/or to the occupant of such premises, instructing that the violation
or nuisance lighting must be abated within the time specified in the notice or, in absence
thereof, within 30 days of the date of hand delivery or of the date of mailing of the notice. If
the violation is not abated within said period, the Chief Building Inspector, or designee, or
the Code Enforcement Officer may institute actions and proceedings, either legal or
equitable, to enjoin, restrain or abate any violations of this article.
C. Residential. Any person and/or business entity, fiFm, owneF, tenant, peFsen
who violates this article, or any
provision thereof, shall be guilty of a violation punishable by a civil penalty not to exceed
$250 for residential violations after the expiration of the abatement period provided in
Subsection B, and each day shall constitute a separate offense for the purpose of calculating
the civil penalty; any person and/or business entity ,
who violates this article after
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Southampton Town Board - Letter Board Meeting of July 14, 2015
being convicted of a violation of this article within the preceding year shall be guilty of a
violation punishable by a fine not to exceed $500 or imprisonment for a period not to
exceed 15 days, or both; any person and/or business entity , fimq, owneF, tenant, '
who violates this article after
being convicted of a violation of this article two or more times within the preceding three-
year period shall be guilty of a misdemeanor punishable by a fine not to exceed $1,000
and/or imprisonment for a period not to exceed 30 days.
D. Non-residential. Any person and/or business entity ,
who violates this article, or any
provision thereof, shall be guilty of a violation punishable by a civil penalty not to exceed
$500 for non-residential violations after the expiration of the abatement period provided in
Subsection B, and each day shall constitute a separate offense for the purpose of calculating
the civil penalty; any person and/or business entity ,
who violates this article after
being convicted of a violation of this article within the preceding year shall be guilty of a
violation punishable by a fine not to exceed $1,000 or imprisonment for a period not to
exceed 15 days, or both; any person and/or business entity , fimq, owneF, tenant, '
who violates this article after
being convicted of a violation of this article two or more times within the preceding three-
year period shall be guilty of a misdemeanor punishable by a fine not to exceed $3,000
and/or imprisonment for a period not to exceed 30 days.
§330-349. through §330-359. (Reserved)
Section 10. Amendment
Figure 1 of Town Code §330 -Attachment 11 is hereby amended by replacing the figures
with the following:
Figure 1
Section 11. Amendment
Figure 4 will be replaced with the following and the current Figure 4 will become Figure 5.
Figure 4a
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Southampton Town Board - Letter Board Meeting of July 14, 2015
shield
0
3" max
Lowest point of Horizontal line
fixture opening
Figure 4b
shield
0
3" max
Lowest point of
fixture opening Horizontal line
Figure S.
The following figures illustrate examples of acceptable and unacceptable types of outdoor
lighting fixtures. Note that even those types of fixtures shown as "acceptable" must be
installed and aimed properly to comply with this Article. These figures are provided as
guidelines and serve only as examples.
Section 12. Authority.
This amendment is enacted pursuant to New York State Town Law §274-a and §274-b, and
Municipal Home Rule Law §10.
Section 13. Severability.
If any section or subdivision, paragraph, clause, phrase 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 14. Effective Date.
This local law shall take effect upon filing with the Secretary of State pursuant to the
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 June 23, 2015, the Town Board, at its meeting of July 14, 2015, adopted
LOCAL LAW NO. 22 of 2015, as follow: "A LOCAL LAW amending Article XXIX of the Town
Code to update and clarify provisions as they relate to the Town's outdoor lighting
regulations."
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Summary of Proposed Law
This amendment updates and clarifies various provisions of the Town Code as they relate to
regulations on outdoor lighting.
Copies of the proposed local law, sponsored by Councilwoman Bridget 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
Financial Impact:
None.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Bridget Fleming, Councilwoman
SECONDER: Anna Throne-Holst, Supervisor
AYES: Throne-Holst, Bender, Scalera, Fleming, Glinka
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Southampton Town Board - Letter Board Meeting of July 14, 2015
TOWN BOARD RESOLUTION 2015-719 Item # 8.32
ADOPTED DOC 1D: 22629
Authorize the Designation of the Reverend Nathaniel Fanning
Residence located at 1372 Flanders Road, Flanders as a
Historic Landmark under Southampton Town Code Section
330-321
WHEREAS, the Town Landmarks and Historic Districts Board determined that the Reverend
Nathaniel Fanning residence Located at 1372 Flanders Road, Flanders (further identified on
the Suffolk County Tax Map as #900-149-1-2.1) is an important historic resource and
recommended that the Town Board approve the designation of the structure as a
Southampton Town landmark pursuant to Town Code Section 330-321; and
WHEREAS, on June 25, 2015, the Southampton Town Planning Board adopted a resolution
supporting the landmark designation and recommending that the Town Board adopt the
proposed landmark designation; and
WHEREAS, a public hearing was held on July 14, 2015 by the Town Board of the Town of
Southampton regarding the proposed designation of the structure known as the Reverend
Nathaniel Fanning residence located at 1372 Flanders Road, Flanders as a historic
landmark; and
WHEREAS, the Town Board found that the Reverend Nathaniel Fanning residence meets the
criteria for historic designation pursuant to section 330-321 of the Southampton Town
Code; and
WHEREAS, the designation of the Reverend Nathaniel Fanning residence as a landmark is
considered a "Type II Action" under 6 NYCRR Part 617.5(c)(32), provisions of the New York
State Environmental Quality Review Act (SEQRA) and Chapter 157 of the Town Code, and
no further environmental review is necessary; now therefore be it
RESOLVED, that the Town Board of the Town of Southampton hereby designates the
Reverend Nathaniel Fanning residence located at 1372 Flanders Road, Flanders, as a Town
historic landmark pursuant to the provisions of section 330-321 of the Southampton Town
Code.
Financial Impact:
None
RESULT: ADOPTED [UNANIMOUS]
MOVER: Bridget Fleming, Councilwoman
SECONDER: Christine Preston Scalera, Councilwoman
AYES: Throne-Holst, Bender, Scalera, Fleming, Glinka
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Southampton Town Board - Letter Board Meeting of July 14, 2015
TOWN BOARD RESOLUTION 2015-733 Item # 8.49
ADOPTED DOC ID: 22514
Adopt Final Scope for the Preparation of a Draft
Environmental Impact Statement (DEIS) for the Zone Change
Application Entitled "The Hills at Southampton", to Rezone
Certain Properties in the Hamlet of East Quogue from
Residential 200 (CR200) to Mixed -Use Planned Development
District (MUPDD)
WHEREAS, on June 7, 2013, the Town Board of the Town of Southampton received pre -
application documents for the subject project titled "The Hills at Southampton" from DLV
Quogue, LLC ("Applicant") requesting a Change of Zone from CR200 to Mixed Use Planned
Development District (MUPDD); and
WHEREAS, the proposed action seeks to change four separate land holdings totaling 594.48
acres located in the Hamlet of East Quogue, from Residential 200 (CR200) to Mixed -Use
Planned Development District (MUPDD); and
WHEREAS, the majority of the proposed site, 452.58 acres, lies south of Sunrise Highway,
generally north of Lewis Road, in the vicinity of Spinney Road, and east of Spinney Road,
with 141.90 acres north of Sunrise Highway; and
WHEREAS, the proposed action is to develop a 168.10 acre property with 118 residential
units, an 18 -hole golf course and associated club house, a pond/pond house, and
maintenance area, all to be accessed by new roads and driveways; and
WHEREAS, the proposed Change of Zone is a Type I Action pursuant to the State
Environmental Quality Review, and the regulating provisions of 6 NYCRR Part 617; and
WHEREAS, on April 14, 2015, by Resolution No, 2015-458, the Town made a determination
of significance regarding the proposed action of a positive declaration; and
WHEREAS, on April 28, 2015, the Town Board held a scoping session and again on May 18,
2015, with a 14 -day written comment period, in order to identify the environmental issues
that should be analyzed to ensure that the Draft Environmental Impact Statement (EIS) is a
concise, accurate, and comprehensive document that covers all concerns and issues for
public and agency review in an appropriate method and level of detail, and in compliance
with 6 NYCRR Part 617.8; and
WHEREAS, the Department of Land Management has reviewed the public comments from
the scoping sessions, as well as written correspondence submitted to the Town Clerk's office
during the comment period, and has incorporated all relevant suggestions and comments
into the final scope; now therefore be it
RESOLVED, that, pursuant to 6 NYCRR Part 617.8(f), the Town Board of the Town of
Southampton, as lead agency, hereby adopts the final scope dated July 1, 2015, the
preparation of a Draft Environmental Impact Statement (DEIS) for the Zone Change
application entitled "The Hills at Southampton", to Rezone Certain Properties in the Hamlet
of East Quogue from Residential 200 (CR200) to Mixed -Use Planned Development District
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Southampton Town Board - Letter Board Meeting of July 14, 2015
(MUPDD); and be it further
RESOLVED, that the Town Clerk is hereby directed to forward this resolution and the final
scoping document to the project sponsor, and the involved and interested agencies.
Financial Impact:
None
RESULT: ADOPTED [UNANIMOUS]
MOVER: Anna Throne-Holst, Supervisor
SECONDER: Christine Preston Scalera, Councilwoman
AYES: Throne-Holst, Bender, Scalera, Fleming, Glinka
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Southampton Town Board - Letter Board Meeting of July 14, 2015
TOWN BOARD RESOLUTION 2015-741 Item # 8.59
ADOPTED DOC 1D: 227o8
Notice of Public Hearing to Consider zoning changes in the
Hamlet of Westhampton from Office District (OD) to Hamlet
Office/Residential (HO) and Hamlet Commercial/Residential
(HC)
BE IT HEREBY RESOLVED, that the Town Board hereby directs that a public hearing shall be
held on August 11, 2015 at 1:00 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 amend the zoning map in order to change the zoning
classifications of six (6) parcels from Office District (OD) TO Hamlet Office/Residential (HO),
and four (4) parcels from Office District (OD) TO Hamlet Commercial/Residential (HC), and
one Split zoned parcel from Office District (OD) and Residential (R-20) to Hamlet
Commercial/Residential (HC) in WESTHAMPTON pursuant to Section 330-185 of the Town
Code" which provides as follows:
LOCAL LAW NO. OF 2015
BE IT ENACTED by the Town Board of the Town of Southampton as follows:
SECTION 1. Legislative Intent.
In the subject zoning change that is being contemplated, the Town Board is considering the
recommendations of the 2004 Eastpo rt/S peon k/Rem sen bu rg/Westh am pton Area Study
adopted as part of the Town's Comprehensive Plan. Among many places, the Area Study
recognizes the small farms, historic residential neighborhoods, scenic corridor along Old
Country Road and Cook's Pond as well as the scenic beauty along Montauk Highway around
Beaverdam Creek in Westhampton. It is well recognized that the terminus of Mill Road at
Montauk Highway in this area serves as a transition into the Village of Westhampton Beach;
currently the development pattern has a mix of uses and is primarily zoned Office District
(OD).
The 1999 Comprehensive Plan Update indicates that the Town's Office District (OD) was
created out of the 1970 master plan in order to create a transition area between business
and residential districts. It was extensively mapped along major streets adjoining and
proximate to hamlet centers, shopping centers, and highway business areas. However,
since the demand for conventional offices is limited, the Update recommends that the OD
district be generally replaced with the Hamlet Office/Residential District (HO). This district
will permit offices and selected retail/service establishments.
To accomplish the objectives of maintaining Westhampton's historic quality, discouraging
strip development and providing an orderly transition in uses, density and bulk between the
existing residential, retail and office development, Hamlet Office/Residential (HO) would
replace the current Office District (OD) zoning along Mill Road and Montauk Highway in
Westhampton as recommended in the Area Study as the permitted uses, scale of
development and design restrictions would render development that is more compatible
with the surrounding community character.
These areas should maintain their current residential scale as a transition to adjacent
commercial (retail/office), open space or residential development. HO would generally allow
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Southampton Town Board - Letter Board Meeting of July 14, 2015
offices, housing, and low -traffic generating retail and service uses such as those now
allowed in office districts, i.e. antique stores, galleries, restaurants but without liquor
licenses). High traffic/impact uses would not be allowed, i.e. video stores, liquor stores,
fast food establishments, Laundromats, dry cleaners, and gas stations. In addition, HO
zoning would entail performance standards, requiring that buildings appear to be residential
(no front parking, ear or side parking), use residential style setbacks, reduced lot coverage,
i.e. 20% - 25%, small building footprints, i.e. up — to 3,000 square feet, residential style
windows and entries, pitched roofs, and discrete signage.
The proposed Hamlet Commercial/Residential (HC) zoning would replace properties to the
east of John Way along Mill Road in the transition areas that leads to the Village of
Westhampton Beach Business District. The HC zone would involve much the same design
and performance standards as HO zoning, but would allow by special exception some of the
commercial and retail uses allowed in the Village Business districts, in addition to housing,
offices and other HO uses.
SECTION 2. Amendment.
The rezoning pattern contemplated is as indicated on the following map:
And identified specifically by parcel with proposed change in the following chart:
From OD to HO:
From OD to HC: From OD/R20 to HO
SCTM: 900-357-1-1
900-357-3-2.1 900-351-1-14.5
900-357-1-40
900-357-3-63
900-351-1-3
900-357-3-3
900-357-1-4
900-357-3-5.1
900-357-1-6
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Southampton Town Board - Letter Board Meeting of July 14, 2015
900-357-1-39
SECTION 3. Authority.
The Town Board may adopt local laws providing for zoning map amendments pursuant to
Town Law §265 and Municipal Home Rule.
SECTION 4. Severability.
If 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 S. Effective Date.
This local law shall take effect upon filing with the Secretary of State pursuant to Municipal
Home Rule Law.
AND BE IT FURTHER RESOLVED, that the Town Clerk is hereby directed to send this
proposed local law to the Suffolk County Planning Commission and Planning Board for
consideration; and
BE IT FURTHER RESOLVED, that the Town Clerk is hereby authorized to publish the
following Notice of Public Hearing:
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that a public hearing will be held by the Town Board of the Town of
Southampton on August 11, 2015 at 1:00 p.m. at the Southampton Town Hall, 116
Hampton Road, Southampton, New York to hear any and all persons either for or against "A
LOCAL LAW to amend the zoning map in order to change the zoning classifications of six (6)
parcels from Office District (OD) TO Hamlet Office/Residential (HO), four (4) parcels from
Office District (OD) TO Hamlet Commercial/Residential (HC), and one Split zoned parcel
from Office District (OD) and Residential (R-20) to Hamlet Commercial/Residential (HC) in
WESTHAMPTON pursuant to Section 330-185 of the Town Code".
Copies of the proposed local law, co-sponsored by Councilwoman Christine P. Scalera and
Bridget 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
Financial Impact:
None
RESULT: ADOPTED [UNANIMOUS]
MOVER: Christine Preston Scalera, Councilwoman
SECONDER: Bridget Fleming, Councilwoman
AYES: Throne-Holst, Bender, Scalera, Fleming, Glinka
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Southampton Town Board - Letter Board Meeting of July 14, 2015
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