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HomeMy WebLinkAboutSH RES 507, 526, 527 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 25, 2017 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 23, 2017 6:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2017-507 Adopted \[Unanimous\] Resolution of Adoption Amending Section 216-9 of the Town Code of the Town of Southampton In Order To Eliminate the Exemption To The Long Island Workforce Housing Program Applicable to Reduced Density Development Town Board Resolution RES-2017-526 Adopted \[Unanimous\] Notice of Public Hearing to Consider Amending Chapter 330 (Zoning) Article XXVI (Planned Development District) Eliminating the Availability of Planned Development Districts For Applications Received After June 6, 2016 Town Board Resolution RES-2017-527 Adopted \[Unanimous\] Notice of Public Hearing to Consider Amending Town Code §330-248(T) (Sandy Hollow Cove Residential Planned Development District) to Extend the Expiration of Approval Sincerely Yours, Sundy A. Schermeyer Town Clerk Generated 5/25/2017 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 25, 2017 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 23, 2017 6:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2017-507 Adopted \[Unanimous\] Resolution of Adoption Amending Section 216-9 of the Town Code of the Town of Southampton In Order To Eliminate the Exemption To The Long Island Workforce Housing Program Applicable to Reduced Density Development Town Board Resolution RES-2017-526 Adopted \[Unanimous\] Notice of Public Hearing to Consider Amending Chapter 330 (Zoning) Article XXVI (Planned Development District) Eliminating the Availability of Planned Development Districts For Applications Received After June 6, 2016 Town Board Resolution RES-2017-527 Adopted \[Unanimous\] Notice of Public Hearing to Consider Amending Town Code §330-248(T) (Sandy Hollow Cove Residential Planned Development District) to Extend the Expiration of Approval Sincerely Yours, Sundy A. Schermeyer Town Clerk Generated 5/25/2017 Page 1 Southampton Town Board - Letter Board Meeting of May 23, 2017 TOWN BOARD RESOLUTION 2017-507 Item # 7.20 ADOPTED DOC ID: 27192 Resolution of Adoption Amending Section 216-9 of the Town Code of the Town of Southampton In Order To Eliminate the Exemption To The Long Island Workforce Housing Program Applicable to Reduced Density Development WHEREAS, the Town Board is considering amending Chapter 216 (Housing For Income Eligible Household; Community Housing Opportunity Fund), Article II (Long Island Workforce Housing Act), Section 216-9 (Long Island Workforce Housing Program) to promote affordable housing opportunities through the elimination of exemptions from the Long Island Workforce Housing Program; and WHEREAS, a public hearing was held by the Town Board of the Town of Southampton on May 23, 2017, 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. 10 of 2017 is hereby adopted as follows: LOCAL LAW NO. 10 OF 2017 A LOCAL LAW amending Chapter 216 (Housing For Income Eligible Household; Community Housing Opportunity Fund), Article II (Long Island Workforce Housing Act), Section 216-9 (Long Island Workforce Housing Program) to promote affordable housing opportunities through the elimination of exemptions from the Long Island Workforce Housing Program. BE IT ENACTED by the Town Board of the Town of Southampton as follows: SECTION 1. Legislative Intent. A dearth of affordable housing remains one of the largest problems facing Southampton and the entire East End community. Over the years, the Town has made significant efforts to address this problem. Among them was inclusion of the Long Island Workforce Housing Program (“LIWHP”) into our Town Code. The LIWHP requires the construction of affordable housing units into certain larger-scale developments or payments to the Town for affordable housing opportunities elsewhere. While this program has done much to address the problem, many developers have been able to avoid its requirements through utilization of a provision that exempts developments that build less than their full permitted density. This amendment will eliminate that provision thereby requiring every large development to provide affordable housing opportunities. SECTION 2. Amendment. Southampton Town Code Chapter 216 (Housing for Income Eligible Household; Community Generated 5/25/2017 Page 2 Southampton Town Board - Letter Board Meeting of May 23, 2017 Housing Opportunity Fund), Article II (Long Island Workforce Housing Act), Section 216-9 (Long Island Workforce Housing Program) is hereby amended by removing the stricken words and adding the underlined words as follows: §216-9 Long Island Workforce Housing Program . A. When the Town approves a subdivision plat or site plan for five or more residential units, or a mixed-use development that incorporates five or more residential units, except as otherwise provided in Subsection B of this section, the applicant shall receive a density bonus or other incentive pursuant to a written agreement between the applicant and the Town, and the Town shall require, at the Town's option, that the applicant: (1) Set aside at least 10% of such units for affordable workforce housing on site; or (2) Provide other land and construct the required affordable workforce housing units that are not part of the applicant's current subdivision plat or site plan, but which must be provided, on another site within the Town; or (3) Pay a fee equal to two times the median income for a family of four for the Nassau- Suffolk Primary Metropolitan Statistical Area as defined by the Federal Department of Housing and Urban Development, for each additional unit which results, or would have resulted, from the density bonus, except that when such fee exceeds the appraised value of each lot resulting from such density bonus, then such fee shall be equal to the appraised value of the lot or lots, or the equivalent thereof, for each additional unit created by the density bonus. (a) Where the Town requires that the applicant either construct affordable units off site or provide a fee in lieu of units as provided in Subsection A(2) and (3) above, the resultant units created pursuant to these options shall be located within the same school district as the applicant's initial development project, subject to compliance with the Town's Comprehensive Plan. The resultant units may be placed outside the same school district as the applicant's initial development project only after authorized by a duly adopted Town Board resolution and subject to compliance with the Town's Comprehensive Plan. (b) Where the Town requires that the applicant provide a fee in lieu of units as provided in Subsection A(3) above, a duly noticed public hearing shall be held before the Town Board to consider any alternatives to such payment. (c) All fees collected by the Town as provided in Subsection A(3) above shall, at the sole discretion of the Town, be: \[1\] Deposited in a single trust fund under the control of the Town, to be kept in trust and separate and apart from all other monies, for the specific purpose of constructing affordable workforce housing, acquiring land for the purpose of providing affordable workforce housing, or rehabilitating structures for the purpose of providing affordable workforce housing. Unless otherwise prohibited by state law, the Town Board may also utilize such funds for the purpose of working with not-for-profit organizations to provide down payment assistance to eligible homebuyers. Pending expenditures from such trust fund, monies therein may be invested in the manner provided by law. Any interest earned or capital gain realized on the monies so deposited shall accrue to and become part of such trust fund; or Generated 5/25/2017 Page 3 Southampton Town Board - Letter Board Meeting of May 23, 2017 \[2\] Paid to another local government within Suffolk County pursuant to an intermunicipal agreement, to be kept in trust and separate and apart from all other monies of such other local government, for the specific purpose of constructing affordable workforce housing, acquiring land for the purpose of providing affordable workforce housing, or rehabilitating structures for the purpose of providing affordable workforce housing within such other local government. Pending expenditures from such trust fund, monies therein may be invested in the manner provided by law. Any interest earned or capital gain realized on the monies so deposited shall accrue to and become part of such trust fund; or \[3\] Paid into a single trust fund under the control of the Long Island Housing Partnership (LIHP), to be kept in trust and separate and apart from all other monies of such partnership, 50% of which shall be used for the specific purpose of constructing affordable workforce housing, acquiring land for the purpose of providing affordable workforce housing, or rehabilitating structures for the purpose of providing affordable workforce housing within Suffolk County. The remaining 50% of such funds shall be used to provide down-payment assistance to eligible homebuyers who qualify for the existing Employer Assistance Housing Benefit Program administered by LIHP. The down-payment assistance funds shall be secured by a note and mortgage on the property purchased with such funds and shall be fully repaid to the fund by the recipient upon the sale or refinancing of the aforementioned property. B. In determining which density bonus to utilize, that is, on-site housing, off-site housing, or payment in lieu of, the applicable Town agency, to wit, the Planning Board or the Town Board, shall first consider the recommendation of the Administrator of the Department of Land Management. When making said density bonus recommendation, the Department of Land Management Administrator, in consultation with the Town Attorney and Housing Director, shall ensure compliance with the Town's Comprehensive Plan, as well as applicable density incentives already articulated within the Code, such as the goals and objectives of § 330-9. In addition, the value of the resultant units; the true affordability of the resultant units, such as the associated common costs and fees for each unit; and applicant's preference for achieving the 10% density bonus shall also be among the factors considered when making said density bonus recommendation. Where the applicable Town agency chooses to offer a density bonus to an applicant different from that recommended by the Administrator of the Department of Land Management, said action must be achieved by a vote of a majority plus one of the Planning Board, or a majority of the Town Board. C. The provisions of this article shall not apply when an applicant elects a lesser percentage than the maximum allowable residential density, or floor area ratio if part of a mixed-use development, under the Town's Zoning Ordinance and Comprehensive Plan in effect as of the date of the application by the applicant to the Town. CDThe Town shall ensure that all affordable housing units created pursuant to this article . remain affordable. Thus, subsequent purchasers of such units shall have at the time of purchase, pursuant to the definition of "affordable workforce housing" herein, an income at or below 130% of the median income for the Nassau-Suffolk Primary Statistical Area as defined by the Federal Department of Housing and Urban Development. DENotwithstanding any discrepancies in the income ratios pursuant to §§ 216-2 and . 216-8 herein, the policies and procedures of § 216-5 for placing individuals in the Generated 5/25/2017 Page 4 Southampton Town Board - Letter Board Meeting of May 23, 2017 units created under this article shall govern. EFWithin six months of the establishment of a trust fund as set forth in Subsection . A(3)(c)\[1\] and \[2\] of this article, the Town shall issue guidelines and policies which shall govern the expenditure of trust fund monies. (1) In furtherance of the establishment of said trust fund, the Town may establish separate accounts within said trust fund to track the monies deposited into the fund by community planning areas, as described in the Town's Comprehensive Plan, with a goal towards reinvestment of said monies into the community planning area from which the monies originated. The Town Comptroller shall provide an annual accounting of the monies within each account. Consistent with the trust fund policies described herein, any interest earned or capital gain realized on the monies so deposited into each separate account shall accrue to and become part of such account. FGAny monies that are not expended by the Town within three years from the date of . such monies being collected shall be paid into a single trust fund under the control of the Long Island Housing Partnership, as set forth in Subsection A(3)(c)\[3\] of this article. GHThe Town may enter into intermunicipal agreements with any local government within . the County of Suffolk to meet the purposes of this article. SECTION 3. Authority. The proposed local law is enacted pursuant to Municipal Home Rule Law §10(1)(ii)(a)(11) and (12) and §10(1)(ii)(a)(14). 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 hereof 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 publish the following Notice of Adoption: NOTICE OF ADOPTION PLEASE TAKE NOTICE that after a public hearing was held on May 23, 2017 at Southampton Town Hall, 116 Hampton Road, Southampton, New York, the Town Board at their meeting of May 23, 2017 adopted LOCAL LAW NO 10 Of 2017 as follows: “A LOCAL LAW amending Chapter 216 (Housing For Income Eligible Household; Community Housing Opportunity Fund), Article II (Long Island Workforce Housing Act), Section 216-9 (Long Island Workforce Housing Program) in order to promote affordable housing opportunities through the elimination of exemptions from the Long Island Workforce Housing Program.” Generated 5/25/2017 Page 5 Southampton Town Board - Letter Board Meeting of May 23, 2017 Copies of the proposed local law, sponsored by Councilwoman Christine Preston Scalera are on file in the Town Clerk’s Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m. BY ORDER OF THE TOWN BOARD TOWN OF SOUTHAMPTON, NEW YORK SUNDY A. SCHERMEYER, TOWN CLERK Financial Impact: None RESULT: ADOPTED \[UNANIMOUS\] MOVER: Christine Preston Scalera, Councilwoman SECONDER: John Bouvier, Councilman AYES: Schneiderman, Lofstad, Scalera, Bouvier, Glinka Generated 5/25/2017 Page 6 Southampton Town Board - Letter Board Meeting of May 23, 2017 TOWN BOARD RESOLUTION 2017-526 Item # 7.39 ADOPTED DOC ID: 27163 C Notice of Public Hearing to Consider Amending Chapter 330 (Zoning) Article XXVI (Planned Development District) Eliminating the Availability of Planned Development Districts For Applications Received After June 6, 2016 RESOLVED, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on June 27, 2017, at 6:00 p.m., at the David W. Crohan Community Center, 655 Flanders Road, Flanders, New York, to hear any and all persons either for or against a proposed local law entitled, “A LOCAL LAW to consider amending Town Code Chapter 330, Article XXVI eliminating the availability of Planned Development Districts for applications received after June 6, 2016,” which provides as follows: LOCAL LAW NO. OF 2017 A LOCAL LAW to consider amending Town Code Chapter 330, Article XXVI, eliminating the availability of Planned Development Districts for applications received after June 6, 2016. BE IT ENACTED by the Town Board of the Town of Southampton as follows: SECTION 1. Legislative Intent. For decades, the Town Board has considered applications for Planned Development Districts (PDDs). PDDs, which craft specific and unique zoning regulations for a particular parcel in exchange for pre-determined public benefits, were meant to achieve flexibility within the Town Zoning Code in order to accommodate growth and development. Over the years, the Town Board received numerous PDD applications and approved more than twenty of them. The original purpose of the PDD law was “to facilitate increased flexibility 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…...” Despite this stated purpose, the PDD approval process was often confronted with vehement public opposition, both to specific applications and the process in general. Much of this opposition condemned the very flexibility PDDs were established to create. As a general concept, zoning is intended to “provide an orderly fashion for residents’ needs for various types of….structures.” See, Marx v. Village of Mill Neck, 137 AD2d 333 (2d, Dept., 1988). Municipal planning and zoning exists to preserve "a uniform and harmonious development of growth." See Village of Lynbrook v. Cadoo, 252 N.Y. 308 (NY, 1929). It is , among the primary municipal powers whose goal must be the “development of a balanced, cohesive community which efficiently uses the municipality’s land.” See, Marx v. Village of Mill Neck, 137 AD2d 333 (2d, Dept., 1988). Implicit in these calls for balance, cohesiveness, uniformity and order is the need for predictability. To that end, The American Planning Association has endorsed polices that emphasize predictable zoning controls. Residents must be able to predict with relative certainty where specific uses and structures will be permitted and how their neighborhoods and communities will look and feel as time progresses. Naturally, with increased flexibility comes decreased predictability. Accordingly, Generated 5/25/2017 Page 7 Southampton Town Board - Letter Board Meeting of May 23, 2017 despite its noble intent, the PDD law created a level of unpredictability that effectively rendered all parcels on the Town’s zoning map open to innumerable uses at any time . In May of 2016, the Town Board adopted Chapter 319 of the Southampton Town Code. This Chapter called for a Moratorium on PDDs, thereby enabling the Town to undertake a year- long comprehensive review of the PDD law, its historic use, and the process for approval. Such review culminated with the majority of the Town Board agreeing that the unpredictability of PDDs outweighed their benefits as a zoning tool, and that the objectives of the PDD would be best be achieved through the use of zoning tools that could accommodate both versatility in use and predictability in application. Such tools, which could include greater reliance on special exception approvals, would best be identified by reviewing and updating the Town’s Comprehensive Plan for the first time since 1999. In light of the foregoing, the Town Board hereby eliminates PDDs as a zoning tool for all applications made after June 6, 2016, that being the date the moratorium became effective. This permits unresolved PDD applications existing at the time of the moratorium to complete the application process while, at the same time, eliminating PDDs going forward from that point. SECTION 2. Amendment. Subsection 330-240 (Findings and Purpose) of Town Code Chapter 330 (Zoning) Article XXVI (Planned Development Districts), is hereby amended by deleting the stricken words and adding the underlined words as follows: For decades, the Town Board has considered applications for Planned Development Districts (PDDs). PDDs, which craft specific and unique zoning regulations for a particular parcel in exchange for pre-determined public benefits, were meant to achieve flexibility within the Town Zoning Code in order to accommodate growth and development. Over the years, the Town Board received numerous PDD applications and approved more than twenty of them. The original purpose of the PDD law was “to facilitate increased flexibility 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…...” Despite this stated purpose, the PDD approval process was often confronted with vehement public opposition, both to specific applications and the process in general. Much of this opposition condemned the very flexibility PDDs were established to create. As a general concept, zoning is intended to “provide an orderly fashion for residents’ needs for various types of….structures.” See, Marx v. Village of Mill Neck, 137 AD2d 333 (2d, Dept., 1988). Municipal planning and zoning exists to preserve "a uniform and harmonious development of growth." See Village of Lynbrook v. Cadoo, 252 N.Y. 308 (NY, 1929). It is , among the primary municipal powers whose goal must be the “development of a balanced, cohesive community which efficiently uses the municipality’s land.” See, Marx v. Village of Mill Neck, 137 AD2d 333 (2d, Dept., 1988). Implicit in these calls for balance, cohesiveness, uniformity and order is the need for predictability. To that end, The American Planning Association has endorsed polices that emphasize predictable zoning controls. Residents must be able to predict with relative certainty where specific uses and structures will be permitted and how their neighborhoods and communities will look and feel as time progresses. Naturally, with increased flexibility comes decreased predictability. Accordingly, Generated 5/25/2017 Page 8 Southampton Town Board - Letter Board Meeting of May 23, 2017 despite its noble intent, the PDD law created a level of unpredictability that effectively rendered all parcels on the Town’s zoning map open to innumerable uses at any time . In May of 2016, the Town Board adopted Chapter 319 of the Southampton Town Code. This Chapter called for a Moratorium on PDDs, thereby enabling the Town to undertake a year- long comprehensive review of the PDD law, its historic use, and the process for approval. Such review culminated with the majority of the Town Board agreeing that the unpredictability of PDDs outweighed their benefits as a zoning tool, and that the objectives of the PDD would be best be achieved through the use of zoning tools that could accommodate both versatility in use and predictability in application. Such tools, which could include greater reliance on special exception approvals, would best be identified by reviewing and updating the Town’s Comprehensive Plan for the first time since 1999. In light of the foregoing, the Town Board hereby eliminates PDDs as a zoning tool for all applications made after June 6, 2016, that being the date the moratorium became effective. This permits unresolved PDD applications existing at the time of the moratorium to complete the application process while, at the same time, eliminating PDDs going forward from that point. A. It is hereby found and determined by the Town Board of the Town of Southampton that there exists in the Town vast but diminishing natural resources and tracts of land deserving of preservation and maintenance for this and future generations. This need is balanced by a need to accommodate and provide for the future economic welfare and development of the Town. B. The purpose of this planned development district (PDD) legislation is to facilitate increased flexibility 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 and to preserve, adapt and improve existing open space, land uses and communities, consistent with the recommendations of the Town's Comprehensive Plan. The implementation of planned development shall be established on a floating zone basis with attendant controls and regulations intended to provide the means to accomplish the salutary purposes and goals set out herein. C. A planned development district may be established as a receiving site for development rights or Pine Barrens credits pursuant to the applicable transfer of development right portions of this chapter and § 261-a of the Town Law of the State of New York. Said transfer shall be consistent with the recommendations of the Central Pine Barrens Comprehensive Land Use Plan and/or the Town's Comprehensive Plan. D. A planned development district may be established as a method of providing incentives or bonuses for development providing substantial community benefits or amenities pursuant to the applicable provisions of this article and § 261-b of the Town Law of the State of New York. The development incentives or bonuses and the community benefits or amenities shall be consistent with the recommendations of the Central Pine Barrens Comprehensive Land Use Plan and/or the Town's Comprehensive Plan. (1) “Community benefits or amenities” shall mean open space, housing for persons of low or moderate income, parks, elder care, day care, or other specific physical, social or cultural amenities, or cash in lieu thereof, of benefit to the residents of the affected community or communities and commensurate with the benefit to the applicant. Generated 5/25/2017 Page 9 Southampton Town Board - Letter Board Meeting of May 23, 2017 (a) Any monies collected pursuant to the "cash in lieu of" alternative shall be placed in a dedicated account, restricted to only those uses specifically delineated within the legislation authorizing the planned development district, and may only be allocated pursuant to a duly adopted Town Board resolution. E. The various long-term goals which the Town Board wishes to achieve by this legislation are: (1) Preservation and conservation of open space, natural resources, diverse ecological communities, species diversity, and groundwater quality and quantity. (2) Connection of open space systems and maximization of open space corridors and to establish and maintain open space and open space corridors for active and passive uses. (3) Preservation of agricultural lands and uses. (4) Increase consideration of and coordination with school districts, utilities and governmental services. (5) Encourage the most efficient and purposeful use of all remaining vacant land. (6) Preservation and improvement of existing smaller communities. (7) Preservation of a sense of place in communities and the creation and reestablishment of small hamlet communities and atmosphere which foster the sharing of amenities and the utilization of local services. (8) Creation of planned residential communities providing an array of housing meeting the social and economic needs of the residents of the hamlets, the Town and the region. (9) Reduction in the effective cost of governmental and other public services. (10) Elimination of excessive and inefficient infrastructure and the minimization of infrastructure development and maintenance costs and maximization of efficiency and coordination of existing and planned transportation facilities and networks. (11) Prevention of inappropriate development on stale previously filed subdivision maps encompassing wetlands, high-water-table areas, steep slopes and other impractical or unsuitable terrain and topography. (12) Development of communities wherein, collectively, the mix of uses, aesthetically, physically, socially and economically encourages the creation and/or preservation of a sense of place, pride and values. (13) Provide flexible but definitive standards to facilitate innovative and creative land use planning and development techniques not possible under conventional zoning ordinances. (14) Encourage the development, rehabilitation and improvement of identifiable and unique historic and architecturally significant areas and communities, “main streets” and Generated 5/25/2017 Page 10 Southampton Town Board - Letter Board Meeting of May 23, 2017 centers of residential, commercial and industrial activities. (15) Encourage comprehensive and innovative planning and design of the highest quality, utilizing and incorporating a variety of land uses. (16) Provide reasonable incentives and standards to encourage private participation in and compliance with the comprehensive goals of this article. (17) Assure that lands set aside for receiving or sending areas are consistent and harmonious with the Town's comprehensive land use objectives and locate areas permitted to be developed in such a manner as to maximize the continuity and connection of open spaces, preserves and wildlife corridors. SECTION 3 Amendment. . Subsection 330-243 (Planning and zoning approval) of Town Code Chapter 330 (Zoning) Article XXVI (Planned Development Districts), is hereby amended by deleting the stricken words and adding the underlined words as follows: Provided the process for PDD approval was commenced prior to June 6, 2016, The Town Board may rezone land from that of the underlying zoning district to a planned development district upon its own motion or by written application of the landowner pursuant to the provisions of this article and Article 16 of the New York State Town Law. PDD Approval shall not be available for any PDD Application received after June 6, 2016 whether initiated on , motion of the town or otherwise. The procedure for planning and zoning approval of a PDD listed in this article shall involve the following two-stage review process: A. Town Board approval of a preliminary development concept plan and the reclassification of a specific parcel(s) of land for development in accordance with that plan. B. Planning Board approval of the subdivision map or site plan. SECTION 4. Authority. This local law is adopted pursuant to Municipal Home Rule Law §§10(1)(ii)(a)(11), (12) and (14), 10(1)(ii)(d)(3), and 22. SECTION 5 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 6 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 FURTHER RESOLVED, that the Town Board of the Town of Southampton hereby directs the Town Clerk to forward a copy of this proposed local law to the Southampton Generated 5/25/2017 Page 11 Southampton Town Board - Letter Board Meeting of May 23, 2017 Town Planning Board, as well as the Suffolk County Planning Commission pursuant to General Municipal Law §239-m, for their review and recommendations; and be it further RESOLVED, that the Town Clerk is hereby directed to publish the following Notice of Public Hearing: NOTICE OF PUBLIC HEARING TAKE NOTICE, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on June 27, 2017, at 6:00 p.m., at the David W. Crohan Community Center, 655 Flanders Road, Flanders, New York, to hear any and all persons either for or against a proposed local law entitled, “A LOCAL LAW to consider amending Town Code Chapter 330, Article XXVI, eliminating the availability of Planned Development Districts for applications received after June 6, 2016.” Summary of Proposed Law The Town Board of the Town of Southampton proposes to eliminate the potential for Planned Development District (PDD) approval unless the application for the PDD was received prior to June 6, 2016, that being the effective date of the PDD Moratorium. 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 \[UNANIMOUS\] MOVER: Jay Schneiderman, Supervisor SECONDER: John Bouvier, Councilman AYES: Schneiderman, Lofstad, Scalera, Bouvier, Glinka Generated 5/25/2017 Page 12 Southampton Town Board - Letter Board Meeting of May 23, 2017 TOWN BOARD RESOLUTION 2017-527 Item # 7.40 ADOPTED DOC ID: 27214 Notice of Public Hearing to Consider Amending Town Code §330-248(T) (Sandy Hollow Cove Residential Planned Development District) to Extend the Expiration of Approval RESOLVED, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on June 13, 2017, 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 proposed local law entitled, “A LOCAL LAW to consider amending Town Code §330-248(T) (Sandy Hollow Cove Residential Planned Development District) to extend the expiration of approval,” which provides as follows: LOCAL LAW NO. OF 2017 A LOCAL LAW to consider amending Town Code §330-248(T) (Sandy Hollow Cove Residential Planned Development District) to extend the expiration of approval. BE IT ENACTED by the Town Board of the Town of Southampton as follows: SECTION 1. Legislative Intent. On June 12, 2014, by Local Law No. 19 of 2014, with the purpose of allowing economically viable multifamily residential development consistent with the goals of the 1970 Town Master Plan and the 1999 Comprehensive Plan Update, the Town Board of the Town of Southampton approved the Sandy Hollow Cove Residential Planned Development District (“SHCRPDD”). Indeed, in recognition of the rising cost of housing and the increase in population growth, the SHCRPDD allowed for twenty-eight (28) community benefit units for the residents of the Town of Southampton to, among other purposes, create affordable housing that is in keeping with the historic, architectural, and material qualities of Southampton, and which increases the amount of quality affordable rental housing within the Town. Since that time, though Planning Board approvals were obtained on September 25, 2014, litigation ensued in Supreme Court, and financing timelines were slowed due to Federal, State, and County requirements. Thus, the approval of the SHCRPDD is set to expire on June 18, 2017, that is, thirty-six months since the filing of Local Law No. 19 of 2014 with the Secretary of State. In order to continue to promote the goals and purposes of the SHCRPDD, the purpose of this local law is to extend the expiration of approval until June 18, 2018. SECTION 2. Amendment. Subsection 24 (Expiration) of Town Code §330-248(T) (Sandy Hollow Cove Residential Planned Development District) is hereby amended by deleting the stricken words and adding the underlined words as follows: (24) Expiration. This Subsection T shall take effect upon filing of this Subsection T with the Secretary of State pursuant to Municipal Home Rule Law. Pursuant to §330- 244J, this Subsection T shall expire 36 months after the date of approval by the Generated 5/25/2017 Page 13 Southampton Town Board - Letter Board Meeting of May 23, 2017 Town Board on June 18, 2018, unless the appropriate Planning Board approvals have been obtained and substantial construction has begun. SECTION 3. Authority. This local law is adopted pursuant to Municipal Home Rule Law §§10(1)(ii)(a)(11), (12) and (14). 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 provision so adjudged to be invalid or unconstitutional. SECTION 5 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 FURTHER RESOLVED, that the Town Board of the Town of Southampton hereby directs the Town Clerk to forward a copy of this proposed local law to the Southampton Town Planning Board, as well as the Suffolk County Planning Commission pursuant to General Municipal Law §239-m, for their review and recommendations; and be it further RESOLVED, that the Town Clerk is hereby directed to publish the following Notice of Public Hearing: Notice of Public Hearing TAKE NOTICE, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on June 13, 2017, 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 proposed local law entitled, “A LOCAL LAW to consider amending Town Code §330-248(T) (Sandy Hollow Cove Residential Planned Development District) to extend the expiration of approval.” Summary of Proposed Law The approval of the SHCRPDD is set to expire on June 18, 2017, that is, thirty-six months since the filing of Local Law No. 19 of 2014 with the Secretary of State. In order to continue to promote the goals and purposes of the SHCRPDD, the purpose of this local law is to extend the expiration of approval until June 18, 2018. Copies of the proposed law, sponsored by Supervisor Schneiderman, 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 5/25/2017 Page 14 Southampton Town Board - Letter Board Meeting of May 23, 2017 RESULT: ADOPTED \[UNANIMOUS\] MOVER: John Bouvier, Councilman SECONDER: Christine Preston Scalera, Councilwoman AYES: Schneiderman, Lofstad, Scalera, Bouvier, Glinka Generated 5/25/2017 Page 15