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Home My WebLink AboutSH RES 596 & 597 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 26, 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 May 24, 2016 6:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2016-596 Adopted \[3 to 2\] Resolution of Adoption Enacting Town Code Chapter 319, Imposing a Moratorium on All New Planned Development District Applications within the Town of Southampton Town Board Resolution RES-2016-597 Adopted \[Unanimous\] Resolution of Adoption of 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 5/26/2016 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 May 26, 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 May 24, 2016 6:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2016-596 Adopted \[3 to 2\] Resolution of Adoption Enacting Town Code Chapter 319, Imposing a Moratorium on All New Planned Development District Applications within the Town of Southampton CC: Michael Benincasa, Chief Building Inspector Keith Tuthill Russell Kratoville Thomas Neely Kathleen Murray Stan Glinka, Councilman Linda Marzano Kim Ottati Tara Coady, Assistant Janice Wilson Kyle Collins Cindy Guerriero Janice Scherer, Principal Planner Christine Preston Scalera, Councilwoman Jay Schneiderman, Supervisor John Bouvier, Councilman Julie Lofstad, Councilwoman Dennis Finnerty, Chairman John LaRosa Dorota Godlewski Kerri Meyer Dennis Finnerty, Chairman John Blaney, Planning Board Vice Chair Jacqui Lofaro, Board Member John Zuccarelli, Board Member Philip A. Keith, Secretary Cathie Gandel, Planning Board Member Patricia Boudreau-Sullivan Sundy A. Schermeyer, Town Clerk Michael Baldwin James Burke Leonard Marchese Kim Myers John Capone, Network Admin Sandra Cirincione Marty Shea Generated 5/26/2016 Page 1 Southampton Town Board - Letter Board Meeting of May 24, 2016 Cheryl Kraft Beth Kamper, Village Clerk Christopher Lubicich Brenda Prusinowski, Deputy Comm. of PELM Lori Riccardi, ZBA Head Clerk Patricia Ryan, Chief Deputy Town Clerk Helen Burgess, ZBA Member Elizabeth Lindtvit, Village Clerk - Treasurer Clare Shea, Principal Planner David Wilcox William H. Rogers, Deputy Commissioner of PELM Jason Richberg, Clerk Honorable Diane Wilhelm, Town Clerk Michael Romero, Brookhaven Town Clerk's Office Thomas J. Schiavoni 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 Adam Grossman, Vice Chairman L.I. State Park Commission Laura J. Dalessandro, Village Cerk Kathryn Garvin Laura Tooman, Zoning Board Member Honorable Dorothy Ogar, Town Clerk Kandice Cowell, Confidential Secretary Georgia Welch, Village Clerk Daniel Dresch, Director of Traffic Engineering Andrew Freleng, Chief Planner George Skidmore, Board Member Anthony Trezza, Principal Planner Jennifer Garvey Mike Benincasa Theresa Masin Deborah Dillon Local 342 United Marine Division Anne Algieri Thomas Rickenbach George Heine, Conservation Board Member Harry Ludlow, Chairman Dolores Miner Terence Flanagan Jeremiah Collins Town Board Resolution RES-2016-597 Adopted \[Unanimous\] Resolution of Adoption of 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: Michael Benincasa, Chief Building Inspector Keith Tuthill Russell Kratoville Kathleen Murray Stan Glinka, Councilman Linda Marzano Kim Ottati Tara Coady, Assistant Janice Wilson Generated 5/26/2016 Page 2 Southampton Town Board - Letter Board Meeting of May 24, 2016 Kyle Collins Cindy Guerriero Janice Scherer, Principal Planner Christine Preston Scalera, Councilwoman Jay Schneiderman, Supervisor John Bouvier, Councilman Julie Lofstad, Councilwoman Dennis Finnerty, Chairman Dorota Godlewski Kerri Meyer Patricia Boudreau-Sullivan Sundy A. Schermeyer, Town Clerk Michael Baldwin James Burke Leonard Marchese Kim Myers John Capone, Network Admin Sandra Cirincione Beth Kamper, Village Clerk Christopher Lubicich Brenda Prusinowski, Deputy Comm. of PELM Lori Riccardi, ZBA Head Clerk Patricia Ryan, Chief Deputy Town Clerk Helen Burgess, ZBA Member Elizabeth Lindtvit, Village Clerk - Treasurer Clare Shea, Principal Planner David Wilcox William H. Rogers, Deputy Commissioner of PELM Jason Richberg, Clerk Honorable Diane Wilhelm, Town Clerk Michael Romero, Brookhaven Town Clerk's Office Thomas J. Schiavoni 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 Adam Grossman, Vice Chairman L.I. State Park Commission Laura J. Dalessandro, Village Cerk Kathryn Garvin Laura Tooman, Zoning Board Member Honorable Dorothy Ogar, Town Clerk Kandice Cowell, Confidential Secretary Georgia Welch, Village Clerk Daniel Dresch, Director of Traffic Engineering Andrew Freleng, Chief Planner Deborah Dillon Sincerely Yours, Sundy A. Schermeyer Town Clerk Generated 5/26/2016 Page 3 Southampton Town Board - Letter Board Meeting of May 24, 2016 TOWN BOARD RESOLUTION 2016-596 Item # 6.29 ADOPTED DOC ID: 24938 Resolution of Adoption Enacting Town Code Chapter 319, Imposing a Moratorium on All New Planned Development District Applications within the Town of Southampton WHEREAS, the Town Board is considering enacting Town Code Chapter 319, imposing a moratorium on all new Planned Development District (PDD) applications within the Town of Southampton; and WHEREAS, a public hearing was held by the Town Board on April 12, 2016, at which time all persons either for or against said enactment were heard; and WHEREAS, by resolution dated April 14, 2016, the Southampton Town Planning Board recommended adoption of said moratorium; and WHEREAS, by resolution dated May 4, 2016, the Suffolk County Planning Commission, pursuant to GML §239-m, approved said moratorium with the condition that the Town Board submit a written report to the Commission on a quarterly basis regarding the moratorium’s progress; 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. 8 of 2016 is hereby adopted as follows: LOCAL LAW NO. 8 OF 2016 A LOCAL LAW to consider enacting Town Code Chapter 319, imposing a moratorium on all new Planned Development District (PDD) applications within the Town of Southampton. BE IT ENACTED by the Town Board of the Town of Southampton as follows: SECTION 1. Amendment. The Southampton Town Code is hereby amended by adding the underlined words as follows: Chapter 319 Planned Development District (PDD) Moratorium §319-1. Legislative Intent. Currently, the Southampton Town Code, at Article XXVI, dictates the procedures, rules, and regulations attendant to Planned Development District, or “PDD” applications proposed within the Town. Indeed, as articulated in the Article’s purpose, when the Town first adopted PDD legislation it sought to, among other objectives, “facilitate increased flexibility Generated 5/26/2016 Page 4 Southampton Town Board - Letter Board Meeting of May 24, 2016 to achieve more desirable development through the use of more creative and imaginative design of residential, mixed use, commercial and industrial areas than is presently achievable under conventional land use techniques and zoning regulations,” consistent with the Town’s Comprehensive Plan. Today, the Town Board finds it necessary to review those PDD goals, as well as the mechanism by which those goals were achieved, and the procedures by which PDD applications were evaluated. Thus, a moratorium is necessary to preserve the status quo while the Town Board assesses and evaluates whether PDD legislation is a tool it wants to continue to utilize within the Town. The moratorium will afford the Town the opportunity to study the current law, and draft and adopt amendments for any new, resultant laws that may arise during the planning process. Though not exclusive, central to that review will be the re-examination of community benefits as that term is contemplated in New York State Town Law §261-b, as well as an analysis of how community benefits have been derived from projects in the past, and how the Town should deal with community benefits in the context of PDD applications going forward, should it decide to continue to utilize this discretionary land use tool. In short, the objective of the moratorium is to allow the Town decision-makers to engage in a comprehensive analysis and review of the current PDD provisions, prior to taking action on any new PDD applications. This moratorium shall be enacted for one year from the effective date herein so that the processing, reviewing, and/or the taking of any action on any new PDD applications shall be suspended during this time period. §319-2. Definitions. As used in this Article, the following terms shall have the meanings indicated: ACTIVE REVIEW - those PDD applications that have had at least one public hearing pursuant to the Town’s pre-application procedures set forth in Town Code §330-244(A)(1) and §330- 244(B)(1). APPLICATION - Any request or application for a new Planned Development District (“PDD”) zoning designation as defined in Article XXVI of the Town Code of the Town of Southampton. This shall include all new PDD applications, regardless of whether the applicant seeks a residential, multifamily, mixed-use, maritime, or any other category of PDD contemplated within the Town Code. Only Agricultural PDDs shall be excluded from this moratorium. MORATORIUM PERIOD - The period of one year from the effective date herein. The same may be extended for good cause by appropriate action of the Town Board. STUDY AREA - the Town of Southampton. TOWN OF SOUTHAMPTON - The Town Board, the Planning Board, the Zoning Board of Appeals, or any other agency, department, or office of the Town. §319-3. Moratorium. No new PDD applications shall be accepted by the Town Board, the Planning Board, the Zoning Board of Appeals, or any other agency, department, or office of the Town of Southampton during the moratorium period. §319-4. Exclusions. Generated 5/26/2016 Page 5 Southampton Town Board - Letter Board Meeting of May 24, 2016 The following are excluded from this Article: A. Agricultural PDDs; B. Those PDD applications that are currently pending and under active review by the Town Board of the Town of Southampton; C. Town Code amendments that are initiated and authorized by the Town Board of the Town of Southampton; D. The processing of any PDD applications that are initiated and authorized by the Town Board of the Town of Southampton. §319-5. Statutory authority; supersession of Town and State laws . This chapter is adopted pursuant to, and shall supersede, amend, and take precedence over any inconsistent provisions of New York State Town Law under the Town’s municipal home rule powers pursuant to Municipal Home Rule Law §§10(1)(ii)(a)(11), (12), and (14), §10(1)(ii)(d)(3), and §22. In particular, this Local Law shall supersede (i) any inconsistent provisions set forth in New York State Town Law Section(s) 261-b, 261-c, 264 and 265; (ii) any other inconsistent provisions set forth in Article 16 of New York State Town Law; (iii) any inconsistent provisions set forth in the Southampton Town Zoning Code (Chapter 330); and (iv) any inconsistent provisions set forth in any and all other local laws of the Town of Southampton. Pursuant to 6 NYCRR §617.5(c)(30), a local law to implement a moratorium is a Type II action under the New York State Environmental Quality Review Act (“SEQRA”), which has been determined not to have a significant impact on the environment or is otherwise precluded from environmental review under Environmental Conservation Law Article 8 and thus, not subject to any further review . SECTION 2. 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 provision so adjudged to be invalid or unconstitutional. SECTION 3. Effective Date. This local law shall take effect immediately 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 April 12, 2016, the Town Board, at its meeting of May 24, 2016, adopted LOCAL LAW NO. 8 OF 2016 as follows: “A LOCAL LAW to consider enacting Town Code Chapter 319, imposing a moratorium on all new Planned Development District (PDD) applications within the Town of Southampton.” Generated 5/26/2016 Page 6 Southampton Town Board - Letter Board Meeting of May 24, 2016 Summary of Proposed Law The Town Board of the Town of Southampton proposes a one year moratorium on any new PDD applications within the Town in order to preserve the status quo while the Town Board assesses and evaluates whether PDD legislation is a tool it wants to continue to utilize within the Town and, if so, what form that legislation should take. Copies of the proposed law, sponsored by Supervisor Schneiderman, Councilman Bouvier, and Councilwoman Lofstad, 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, see resolution text. RESULT: ADOPTED \[3 TO 2\] MOVER: Jay Schneiderman, Supervisor SECONDER: John Bouvier, Councilman AYES: Jay Schneiderman, Julie Lofstad, John Bouvier NAYS: Christine Preston Scalera, Stan Glinka Generated 5/26/2016 Page 7 Southampton Town Board - Letter Board Meeting of May 24, 2016 TOWN BOARD RESOLUTION 2016-597 Item # 6.30 ADOPTED DOC ID: 24957 Resolution of Adoption of 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 WHEREAS, the Town Board is considering amending Town Code §330-9(B)(2) to include Hamlet Office/Residential (HO) and Hamlet Office/Commercial (HC) in list for Zoning District eligibility; and WHEREAS, public hearings were held by the Town Board of the Town of Southampton on April 12, 2016 and May 3, 2016, at which time all persons either for or against said amendment were heard; and WHEREAS, the subject local law was referred to the Southampton Town Planning Board, who passed a resolution of support at its meeting on May 12, 2016; and WHEREAS, the subject local law was referred to the Suffolk County Planning Commission, who issued a notice of Local Determination; and WHEREAS, this proposed local law is considered an “Unlisted Action” under 6 NYCRR Part 617.7, provisions of the New York State Environmental Quality Review Act (SEQRA), and Chapter 157 of the Town Code; and WHEREAS, the Town Board has conducted a review of the information contained in the Environmental Assessment Forms prepared by the Department of Land Management; and WHEREAS, the potential impacts and the magnitude and importance of potential impacts have been considered by the Town Board; now, therefore, be it RESOLVED, that amending Town Code §330-9(B)(2) to include Hamlet Office/Residential (HO) and Hamlet Office/Commercial (HC) in the list for Zoning District eligibility, will not result in any large and important impacts, and therefore will not have a significant impact on the environment; and be it further RESOLVED, that the Town Board hereby adopts a “NEGATIVE DECLARATION” pursuant to the State Environmental Quality Review Act and Chapter 157 of the Town Code; and be it further RESOLVED, that Local Law No. 9 of 2016 is hereby adopted as follows: LOCAL LAW NO. 9 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. . Generated 5/26/2016 Page 8 Southampton Town Board - Letter Board Meeting of May 24, 2016 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 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. . Generated 5/26/2016 Page 9 Southampton Town Board - Letter Board Meeting of May 24, 2016 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 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 April 12, 2016 and May 3, 2016 the Town Board, at its meeting of May 24, 2016, adopted LOCAL LAW NO. 9 OF 2016, as follows: “A LOCAL LAW amending Town Code §330-9(B)(2) to include Hamlet Office/Residential (HO) and Hamlet Office/Commercial (HC) in the list for Zoning District eligibility” . Summary of Local 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 local law, sponsored by Councilman 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 5/26/2016 Page 10