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Home My WebLink AboutSH RES 305 & 312 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 March 10, 2016 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: __________________ Please be advised that the Town Board, at a meeting held on March 8, 2016 1:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2016-305 Adopted \[Unanimous\] Resolution of Adoption Exempting American Flags from those Signs Prohibited under Section 330-203(B)(10) of the Town Code of the Town of Southampton Town Board Resolution RES-2016-312 Adopted \[Unanimous\] Notice of Public Hearing on a Local Law to Amend Town Code 330-9B to include Hamlet Office/Residential (HO) and Hamlet Office/Commercial (HC) in List for Zoning District Eligibility Sincerely Yours, Sundy A. Schermeyer Town Clerk Generated 3/10/2016 Page 1 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 March 10, 2016 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 March 8, 2016 1:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2016-305 Adopted \[Unanimous\] Resolution of Adoption Exempting American Flags from those Signs Prohibited under Section 330-203(B)(10) of the Town Code of the Town of Southampton CC: Kerri Meyer Patricia Boudreau-Sullivan Dennis Finnerty, Chairman Kim Ottati Dorota Godlewski Janice Wilson Kathleen Murray Stan Glinka, Councilman Linda Marzano Tara Coady, Assistant Kyle Collins Cindy Guerriero Janice Scherer, Principal Planner Christine Preston Scalera, Councilwoman Jay Schneiderman, Supervisor John Bouvier, Councilman Julie Lofstad, Councilwoman Sundy A. Schermeyer, Town Clerk Michael Baldwin Leonard Marchese Kim Myers John Capone, Network Admin Sandra Cirincione Russell Kratoville David Wilcox Kathryn Garvin Herb Phillips Laura Tooman, Zoning Board Member Helen Burgess, ZBA Member Beth Kamper, Village Clerk Christopher Lubicich Brenda Prusinowski, Deputy Comm. of PELM Lori Riccardi, ZBA Head Clerk Patricia Ryan, Chief Deputy Town Clerk Elizabeth Lindtvit, Village Clerk - Treasurer Michael Benincasa, Chief Building Inspector Generated 3/10/2016 Page 1 Southampton Town Board - Letter Board Meeting of March 8, 2016 Clare Shea, Principal Planner William H. Rogers, Deputy Commissioner of PELM Jason Richberg, Clerk Honorable Diane Wilhelm, Town Clerk Michael Romero, Brookhaven Town Clerk's Office 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 Honorable Dorothy Ogar, Town Clerk Kandice Cowell Amy Pfeiffer Georgia Welch, Village Clerk Daniel Dresch, Director of Traffic Engineering Andrew Freleng, Chief Planner Deborah Dillon Mark Viseckas James Burke Town Board Resolution RES-2016-312 Adopted \[Unanimous\] Notice of Public Hearing on a Local Law to Amend Town Code 330-9B to include Hamlet Office/Residential (HO) and Hamlet Office/Commercial (HC) in List for Zoning District Eligibility CC: Kerri Meyer Patricia Boudreau-Sullivan Dennis Finnerty, Chairman Kim Ottati Dorota Godlewski Kathleen Murray Stan Glinka, Councilman Linda Marzano Tara Coady, Assistant Kyle Collins Cindy Guerriero Christine Preston Scalera, Councilwoman Jay Schneiderman, Supervisor John Bouvier, Councilman Julie Lofstad, Councilwoman Sundy A. Schermeyer, Town Clerk Michael Baldwin Leonard Marchese Kim Myers John Capone, Network Admin Sandra Cirincione Russell Kratoville David Wilcox Kathryn Garvin Herb Phillips Laura Tooman, Zoning Board Member Helen Burgess, ZBA Member Beth Kamper, Village Clerk Christopher Lubicich Brenda Prusinowski, Deputy Comm. of PELM Lori Riccardi, ZBA Head Clerk Generated 3/10/2016 Page 2 Southampton Town Board - Letter Board Meeting of March 8, 2016 Patricia Ryan, Chief Deputy Town Clerk Elizabeth Lindtvit, Village Clerk - Treasurer Michael Benincasa, Chief Building Inspector Clare Shea, Principal Planner William H. Rogers, Deputy Commissioner of PELM Jason Richberg, Clerk Honorable Diane Wilhelm, Town Clerk Michael Romero, Brookhaven Town Clerk's Office 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 Honorable Dorothy Ogar, Town Clerk Kandice Cowell Georgia Welch, Village Clerk Daniel Dresch, Director of Traffic Engineering Andrew Freleng, Chief Planner Deborah Dillon Mary Jane Asato, Esq. James Burke Sincerely Yours, Sundy A. Schermeyer Town Clerk Generated 3/10/2016 Page 3 Southampton Town Board - Letter Board Meeting of March 8, 2016 TOWN BOARD RESOLUTION 2016-305 Item # 6.38 ADOPTED DOC ID: 24419 Resolution of Adoption Exempting American Flags from those Signs Prohibited under Section 330-203(B)(10) of the Town Code of the Town of Southampton WHEREAS, the Town Board is considering amending Chapter 330, Section 330-203(B) of the Southampton Town Code, to permit the hanging of American Flags from vehicles, buildings, utility poles, and other structures, and WHEREAS, a public hearing was held on March 8, 2016, at which time all persons either for or against the enactment were heard; and WHEREAS, the Department of Land Management has advised the Town Board that the proposed amendment to Chapter 150 of the Town Code of Southampton is a "Type II Action" Under the 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 Environmental Conservation Law, Article 8, is necessary; now, therefore, be it RESOLVED, that Local Law No. 5 of 2016 is hereby adopted as follows: LOCAL LAW NO. 5 OF 2016 A LOCAL LAW to amend Chapter 330, Section 330-203(B), to permit the hanging of American Flags from vehicles, buildings, utility poles, and other structures. BE IT ENACTED by the Town Board of the Town of Southampton as follows: SECTION 1. Legislative Intent. The residents of Southampton Town espouse American values and proudly demonstrate our love of county. On patriotic holidays such as Memorial Day, Veteran’s Day and Independence Day, thousands of us gather to take part in celebrations and ceremonies intended to honor American exceptionalism and those that have sacrificed much in furtherance thereof. The Town Board of the Town of Southampton encourages all Southampton residents to engage in outward demonstrations of American Patriotism and public showings of support for our Country. One of the simplest ways to do this is by flying an American flag. The instant legislation is intended to amend the Southampton Town Zoning Code to permit the hanging of an American flag from vehicles, buildings, fences, telephone poles and other structures. SECTION 2. Amendment. Section 330-203 of the Code of the Town of Southampton entitled, “Prohibited Signs” is hereby amended by deleting the stricken words and adding the underlined words as follows: B. Prohibited signs. The following signs shall not be permitted within the Town of Southampton: Generated 3/10/2016 Page 4 Southampton Town Board - Letter Board Meeting of March 8, 2016 (10) Except those exempt under Section 330-203(A)(3) above, Ttemporary or permanent signs resting on, attached to or inside any vehicles, buildings, fences, telephone poles or any other structures or means of support or otherwise displayed in any manner designed to circumvent the restrictions in this article; SECTION 3. Authority. The proposed local law is enacted pursuant to Town Law §274-(A)(2) and Municipal Home Rule Law §10(1)(ii)(a)(12); §10(1)(ii)(a)(14) and §10(1)(ii)(d)(3). SECTION 4. 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 5. 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 forward a copy of the proposed law to the Southampton Town Planning Board as well as the Suffolk County Planning Commission for their review and recommendations; and be it further AND BE IT FURTHER RESOLVED, that the Town Clerk is hereby authorized to publish the following Notice of Adoption: NOTICE OF ADOPTION TAKE NOTICE, that the after a public hearing was held on March 8, 2016 at 1:00 p.m., at , Southampton Town Hall, 116 Hampton Road, Southampton, New York, the Southampton Town Board adopted Local Law No. 5 of 2016 Entitled: “A LOCAL LAW to amend Chapter 330-203(B), to permit the hanging of American Flags from vehicles, buildings, utility poles, and other structures.” Summary of Proposed Law The proposed law exempts Flags of the United States from the prohibited signs listed under Section 330-203(B)(10) of the Town Code of the Town of Southampton. Copies of the proposed law, sponsored by Councilman Bouvier 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 Generated 3/10/2016 Page 5 Southampton Town Board - Letter Board Meeting of March 8, 2016 RESULT: ADOPTED \[UNANIMOUS\] MOVER: John Bouvier, Councilman SECONDER: Julie Lofstad, Councilwoman AYES: Schneiderman, Lofstad, Scalera, Bouvier, Glinka Generated 3/10/2016 Page 6 Southampton Town Board - Letter Board Meeting of March 8, 2016 TOWN BOARD RESOLUTION 2016-312 Item # 6.48 ADOPTED DOC ID: 24192 Notice of Public Hearing on a Local Law to Amend Town Code 330-9B to include Hamlet Office/Residential (HO) and Hamlet Office/Commercial (HC) in List for Zoning District Eligibility BE IT HEREBY RESOLVED, that the Town Board hereby directs that a public hearing shall be held on April 12, 2016 at 1:00p.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 Southampton Town Code §330-9B(2) to include Hamlet Office/Residential (HO) and Hamlet Office/Commercial (HC) in list for Zoning District eligibility” which provides as follows: , LOCAL LAW NO. OF 2016 A LOCAL LAW amending Southampton Town Code §330-9B(2) to include Hamlet Office/Residential (HO) and Hamlet Office/Commercial (HC) in the list for Zoning District eligibility. BE IT ENACTED by the Town Board of the Town of Southampton as follows: SECTION 1 Legislative Intent. . Hamlet Office/Residential (HO) and Hamlet Commercial/ Residential (HC) zoning was created as a transitional zoning district at the periphery of hamlet and village centers throughout the Town where the scale of development and project design are more compatible to the surrounding community character. These districts allow residential uses along with commercial uses. Southampton Town Code §330-9, addressing density incentives, regulates proposals for increased density on certain parcels as receiving sites for development rights or Pine Barrens Credits (PBC) pursuant to Articles X and XXIV of Chapter 330 or to increase residential density if the project proposes the construction of community benefit units as that term is defined in Chapter 216. The 1999 Comprehensive Plan Update indicates as one of the Vision Goals for affordable housing to “provide and equitably disperse affordable housing in all parts of the town, focusing on hamlet centers where various uses and densities are to be encouraged in addition to the recommendation that affordable housing development in Southampton should be built with consideration to the special character of Southampton as a rural and resort community, which is consistent with the HO/HC standards. In addition, the Comprehensive Plan Update also recommends accommodating increases in population and spending power by channeling growth to existing Hamlet centers. This sentiment is echoed in the Southampton 400+ Sustainability Plan which recommends the Town “encourage and incentivize a variety of affordable housing, especially in Hamlets where it is most scarce”. Town Code §330-9B lists the zoning districts eligible to utilize the density incentive provisions if they comply with the minimum acreage requirements and all other standards , but does not include the HO/HC districts as they were not established yet. Since the Town has now established the HO and HC zoning categories and these zoning districts continue to be landed to replace Office District (OD) in transitional areas, it is appropriate to list them in §330-9B(2) for eligibility, especially since they meet the location standards in terms of Generated 3/10/2016 Page 7 Southampton Town Board - Letter Board Meeting of March 8, 2016 proximity to Village/Hamlet Centers and would potentially be appropriate for density incentive applications as per §330-9. SECTION 2. Amendment . § 330-9B(2) of the Southampton Town Code is hereby amended by adding the underlined words as follows: Nonresidential districts. (HB) Highway Business (OD) Office District (VB) Village Business (SCB) Shopping Center Business (LI40, LI200) Light Industrial (HO) Hamlet Office/Residential (HC) Hamlet Commercial/Residential SECTION 3 Authority. . The proposed local law is enacted pursuant to New York State Town Law §265, and Municipal Home Rule Law §§10(1)(ii)(a)(11) and (12) and §10(1)(ii)(d)(3). 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 5. 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 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 April 12, 2016 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 entitled: “A LOCAL LAW amending Southampton Town Code §330-9B(2) to include Hamlet Office/Residential (HO) and Hamlet Office/Commercial (HC) in list for Zoning District eligibility” . Generated 3/10/2016 Page 8 Southampton Town Board - Letter Board Meeting of March 8, 2016 Summary of Proposed Law Parcels located in the Hamlet Office/Residential (HO) and Hamlet Commercial/Residential (HC) which meet the standards of §330-9 will be eligible to utilize the provisions of that section. These districts were not included at the time of the initial code adoption because they were not created yet and the Town is still in the process of replacing the OD districts with these zoning categories. Copies of the proposed local law, sponsored by Councilperson Stan Glinka 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: Stan Glinka, Councilman SECONDER: Jay Schneiderman, Supervisor AYES: Schneiderman, Lofstad, Scalera, Bouvier, Glinka Generated 3/10/2016 Page 9