HomeMy WebLinkAboutSH RES 803 & 804
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
August 24, 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 August 22, 2017 6:00
PM, reviewed the following resolution(s):
Town Board Resolution RES-2017-803 Adopted \[Unanimous\]
Notice of Public Hearing to Consider Amending Chapter 330 of the Zoning Code (Sections
330-5 Definitions; 330-10 Residence Districts Table of Use; 330-12 Senior Citizen Zone –
Purpose, Definitions, Exclusions, Special Exceptions; 330-17 Multifamily Planned Residential
Development District (MFPRD) - Purpose, Definitions, Exclusions, Special Exceptions; 330-
33 Business Districts Table of Use; 330-95 Parking; 330-105 Schedules of Minimum and
Maximum Floor Area; and Adding 330-144.2 Assisted-Living Facility) in Order to Amend the
definition of Assisted-Living Facility, Establish it as a Special Exception Use in Certain Zoning
Districts and Provide Standards to Ensure Compatibility with Surrounding Land Uses
Town Board Resolution RES-2017-804 Adopted \[Unanimous\]
Amend Chapter 244-2 Relative to allocation of development rights on parcels less than
10,000 square feet.
Sincerely Yours,
Sundy A. Schermeyer
Town Clerk
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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
August 24, 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 August 22, 2017 6:00
PM, reviewed the following resolution(s):
Town Board Resolution RES-2017-803 Adopted \[Unanimous\]
Notice of Public Hearing to Consider Amending Chapter 330 of the Zoning Code (Sections
330-5 Definitions; 330-10 Residence Districts Table of Use; 330-12 Senior Citizen Zone –
Purpose, Definitions, Exclusions, Special Exceptions; 330-17 Multifamily Planned Residential
Development District (MFPRD) - Purpose, Definitions, Exclusions, Special Exceptions; 330-
33 Business Districts Table of Use; 330-95 Parking; 330-105 Schedules of Minimum and
Maximum Floor Area; and Adding 330-144.2 Assisted-Living Facility) in Order to Amend the
definition of Assisted-Living Facility, Establish it as a Special Exception Use in Certain Zoning
Districts and Provide Standards to Ensure Compatibility with Surrounding Land Uses
Town Board Resolution RES-2017-804 Adopted \[Unanimous\]
Amend Chapter 244-2 Relative to allocation of development rights on parcels less than
10,000 square feet.
Sincerely Yours,
Sundy A. Schermeyer
Town Clerk
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Southampton Town Board - Letter Board Meeting of August 22, 2017
TOWN BOARD RESOLUTION 2017-803
Item # 7.42
ADOPTED DOC ID: 27726
Notice of Public Hearing to Consider Amending Chapter 330
of the Zoning Code (Sections 330-5 Definitions; 330-10
Residence Districts Table of Use; 330-12 Senior Citizen Zone
– Purpose, Definitions, Exclusions, Special Exceptions; 330-
17 Multifamily Planned Residential Development District
(MFPRD) - Purpose, Definitions, Exclusions, Special
Exceptions; 330-33 Business Districts Table of Use; 330-95
Parking; 330-105 Schedules of Minimum and Maximum Floor
Area; and Adding 330-144.2 Assisted-Living Facility) in Order
to Amend the definition of Assisted-Living Facility, Establish
it as a Special Exception Use in Certain Zoning Districts and
Provide Standards to Ensure Compatibility with Surrounding
Land Uses
BE IT HEREBY RESOLVED, that the Town Board hereby directs that a public hearing shall be
held on September 12, 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 local law
entitled: “A LOCAL LAW amending Chapter 330 of the Zoning Code (Sections 330-5
Definitions; 330-10 Residence Districts Table of Use; 330-12 Senior Citizen Zone - Purpose,
Definitions, Exclusions, Special Exceptions; 330-17 Multifamily Planned Residential
Development District (MFPRD) - Purpose, Definitions, Exclusions, Special Exceptions; 330-
33 Business Districts Table of Use; 330-95 Parking; 330-105 Schedules of Minimum and
Maximum Floor Area; and Adding 330-144.2 Assisted-Living Facility) in order to amend the
definition of Assisted-Living Facility, Establish it as a Special Exception Use in Certain Zoning
Districts and Provide Standards to Ensure Compatibility with Surrounding Land Uses,” which
provides as follows:
LOCAL LAW NO. ___ OF 2017
A LOCAL LAW amending Chapter 330 of the Zoning Code (Sections 330-5 Definitions; 330-
10 Residence Districts Table of Use; 330-12 Senior Citizen Zone - Purpose, Definitions,
Exclusions, Special Exceptions; 330-17 Multifamily Planned Residential Development District
(MFPRD) - Purpose, Definitions, Exclusions, Special Exceptions; 330-33 Business Districts
Table of Use; 330-95 Parking; 330-105 Schedules of Minimum and Maximum Floor Area;
and Adding 330-144.2 Assisted-Living Facility) in order to amend the definition of Assisted-
Living Facility, establish it as a Special Exception Use in certain Zoning Districts and provide
standards to ensure compatibility with surrounding land uses.
BE IT ENACTED by the Town Board of the Town of Southampton as follows:
SECTION 1 Legislative Intent.
.
The 1999 Comprehensive Plan Update (The Plan) acknowledged that “Although
Southampton offers a high quality of life for its residents, it lacks housing opportunities that
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are affordable for many first time buyers, young and seasonal workers, and many senior
citizens and others who are hard-pressed to maintain their homes.”
The Plan also noted that “…. there is a growing demand for senior facilities and housing as
well as for health care that can be captured in Southampton.” and acknowledged that “The
new types of congregate care are not presently defined in the zoning ordinance (§330-5),
and thus presumably would be treated as senior citizen housing, while in fact they are a less
intensive version of a nursing home.” The Plan noted that the “Town has few residential
facilities for independent living, and lacks “life care” (a.k.a. “continuum of care”) housing
altogether.” and recommended that “The Town should use the new Planned Development
District zoning to build adequately sized life care housing.”
Accordingly, the Plan recommended that Congregate Care Housing be defined in the Zoning
Code and allowed as a special exception use “in the same districts and with similar
safeguards as now required of nursing homes…”, In 2002, these recommendations were
acted upon and Congregate Housing for Seniors and Assisted-Living Facility were added to
the Zoning Code. The Code distinguishes Assisted-Living Facility as a type of Congregate
Housing for residents that are more dependent on assistance for day to day living, whereas,
Congregate Housing for Seniors is defined as housing for more independent seniors.
Assisted-Living Facility and Congregate Housing for Seniors are currently only permitted as
special exception uses in the SC-44 Zones up to a maximum of 75 units or as a Planned
Development District for projects greater than 75 units.
The Plan noted that in 1990 the 75 - 84-year cohort as a percentage of the Town of
Southampton population was more than twice that for the County of Suffolk. In 2000 this
cohort percentage for the Town had decrease to 1.5 times that for the County and in 2010 it
was only 1.2 times that for the County. As expected by these percentages, the total
number of seniors in this cohort declined from 3,187 in 2000 to 3,004 in 2010 for the Town,
while this cohort increased for the County from 55,650 in 2000 to 65,969 in 2010. This
decline in overall cohort population and as a percentage of the Town’s population may
reflect the outmigration of seniors in this cohort due to an inability to find suitable age
based housing within the Town.
The Town Board therefore recognizes that there is a community need to provide Assisted-
Living Facilities for residents who do not need skilled nursing care but do require support
and assistance with their daily living in a monitored, home-like setting, as a component of
the continuing-care / life-care spectrum. The Board finds that the number of zoning
districts in which Assisted-Living Facility is allowed is limited and should be expanded in
order to provide greater opportunity for development of such facilities on appropriately
located properties. By allowing this use in specific zones and on properties that meet
specific size and locational proximity to hamlet centers, there is predictability regarding
where these facilities may be constructed.
The Plan further recommends that “Community facilities should be expanded to meet
evolving needs, yet should seek out collaborative and multiple uses so as to achieve
economic and service delivery efficiencies. Facilities should ideally be sited in or near
hamlet centers, both to be convenient and to contribute to each hamlet’s sense of
community.”
The Plan also recognized the concern for potential "facility saturation" within any one
hamlet, and suggested that community facilities be distributed throughout Town. The Plan
further recognized that if not designed correctly these types of general community facilities
can be out of place in residential areas, and concluded that small, properly dispersed
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facilities would have minimal impacts on any one hamlet provided they are designed to
blend with the character of adjacent residential neighborhoods. Accordingly, these
amendments limit the size of any one facility to a maximum 90 beds in order to preclude
one or two large facilities. The amendments also contain construction standards that will
emulate a residential character.
Therefore, consistent with the recommendations and findings of The Plan, relative to
Assisted-Living Facility, it is the intent of this Local Law to permit the development of
Assisted-Living Facilities under the General Community Facility Use Category, as a Special
Exception Use in the following additional zoning districts: MF-44, MFPRD, HB, and OD. The
definition of Assisted-Living Facility is amended slightly to more closely comport with the
definition contained in New York State Public Health Law 46-B. The proposed special
exception standards recognize the necessity of providing stringent regulations with regard
to design and community / neighborhood character, while appropriately permitting this type
of facility in close proximity to the Town’s hamlet centers and Villages, ensuring that such
facilities provide the basic services to accommodate residents’ needs and desires to
continue residing in their community.
SECTION 2 Amendment
..
Section 330-5 of the Southampton Town Code is hereby amended by deleting the stricken
words and adding the underlined words as follows:
§330-5. Definitions.
Assisted-Living Facility - A type of congregate residential housing providing supportive
personal and/or home care services in a home-like setting and licensed pursuant to Article
46-B of the New York State Public Health Law. Such facilities provide or arrange for rental
housing in private, separate, apartment type units, to five or more adult residents who are
less able to function independently in all aspects of their daily lives, and who are unrelated
to the assisted-living provider. Such facilities must also provide daily food service, twenty-
four-hour on-site monitoring, case management services, and the development of an
individualized service plan for each resident. A development geared to serve the housing,
meals, and skilled nursing needs of more-dependent senior citizens. Assisted-living facilities
are congregate housing for seniors who are less able to function independently in all aspects
of their daily lives.
Assisted-Living Unit - An adaptable, barrier free residential unit in an Assisted-Living
Facility.
SECTION 3 Amendment
..
Section 330-10 of the Southampton Town Code is hereby amended by adding the
underlined words as follows:
§330-10, Residence Districts Table of Use Regulations
Use Classification
C. General community facilities
MF-44 SC-44
Multi-family Senior Citizen
Residential Housing MFPRD R-20
(16) Assisted-Living Facility SE SE SE SE
SECTION 4. Amendment
.
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Section 330-12 is hereby amended by adding underlined words as follows:
§330-12, Purpose; definitions; exclusions; special exceptions
D. Special exception uses.
(6) Assisted-Living Facility. As noted in §330-10 (Residence Districts Table of Use
Regulations), assisted living facility is a land use permitted by special exception in the
applicable zoning districts, including Senior Citizen Zone (SC-44), in accordance with the
performance standards noted within § 330-144.2.
SECTION 5. Amendment
.
Section 330-17 is hereby amended by adding underlined words as follows:
§330-17, Purpose; definitions; exclusions; special exceptions
D. Special exception uses.
(4) Assisted Living Facility. As noted in §330-10 (Residence Districts Table of Use
Regulations), assisted living facility is a land use permitted by special exception in
the applicable zoning districts, including Multifamily Planned Residential District
(MFPRD), in accordance with the performance standards noted within § 330-144.2.
SECTION 6. Amendment
.
Section 330-33 is hereby amended by adding underlined words as follows:
§330-33, Business Districts Table of Use Regulations
Use Classification
C. General community facilities
HB OD
Highway Office
Business Business
(13) Assisted-Living Facility SE SE
SECTION 7. Amendment
.
Section 330-95 is hereby amended by adding underlined words as follows:
§330-95. Schedule of Off-Street Parking Space Requirements for Non-residential Uses.
Use Number of Spaces Required
Assisted-Living Facility 0.7 per assisted-living unit bed (a maximum of 0.5 spaces per
bed shall be located on standard pavement and the 0.2 spaces
per bed balance shall be located on pervious grass pavers or
similar treatment), plus 1 per peak shift employee
SECTION 8. Amendment
.
Article XVII Special Exception Uses is hereby amended by adding underlined words as
follows:
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Southampton Town Board - Letter Board Meeting of August 22, 2017
§330-144.2 Assisted-Living Facility.
A. Prior to the issuance of a certificate of occupancy, the owner and operator shall be
licensed by New York State pursuant to New York State Public Health Law 46-B
and any other applicable local, county, state and federal agencies.
B. These dimensional and density standards supersede any reciprocal standards in
the applicable zoning district. Dimensional, density and other standards not
referenced herein shall be as required in the applicable zoning district.
C. The minimum site area shall be 3 acres.
D. The minimum street frontage width shall be 150 feet or commensurate with the
requirement of the applicable zoning district, whichever is greater.
E. The minimum front, side and rear yard setbacks for the principal building shall be
35 feet or commensurate with the requirements of the applicable zoning district,
whichever is greater. The yard setbacks for accessory buildings and structures
shall be commensurate with the requirements of the applicable zoning district.
F. The maximum number of assisted-living unit beds shall be 25 beds per acre of
property area.
G. The minimum area for any individual assisted-living unit shall be 400 square feet.
H. The maximum number of assisted-living unit beds shall not exceed 100 beds, unless
affordable units are provided, in which case the maximum number of beds shall not
exceed 121 beds, whereby for each unit bed greater than 100, 1 affordable rate unit
bed shall be provided for each 2 market rate unit beds. Any such affordable units
shall comply with the provisions of Chapter 216 of the Town Code.
I. The maximum gross floor area of the principal building shall not exceed a ratio of
900 square feet per assisted-living unit.
J. The maximum height of the principal building shall be 35 feet measured to the
eave of the roof.
K. The design, mass and scale of all buildings shall exhibit architectural features
characteristic of a residential home regardless of the zoning district or the
adjacent zones or uses.
1. Visible flat roofs shall be prohibited
2. Gable and Hip roofs are encouraged, however, limited use of Gambrel and
Mansard roofs may be permitted to lend variety.
3. Buildings greater than 5,000 sq. ft. in size shall have a more complex roof
design consisting of a main roof with lower, intersecting secondary roof types,
rather than a consistent single-roof type.
4. Gable roofs shall have a pitch of at least 7:12. Hip roofs shall have a pitch of 4-
9:12. Gambrel roofs shall have an upper roof pitch of 5-8:12 and a lower roof
pitch of 18-20:12.
5. Mansard roofs shall be a maximum height of 8 feet and shall be designed in
proportion to the size of the façade below.
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L. No parking shall be located in the required front yard setback and in no case less
than 50 feet from a street or front lot line.
M. At least one truck loading / unloading space shall be provided.
N. Parking areas shall be provided pursuant to 330-95 and shall be adequately
screened from adjacent roadways and properties.
O. Transitional yards shall be provided pursuant to Chapter 330-83.
P. Regardless of the zoning district, a landscape screening buffer, not less than 20
feet in width, consisting of massed trees and shrubbery or existing mature
vegetation supplemented by new landscaping, shall be established and
maintained along all side and rear property lines. The trees and shrubbery shall
consist of evergreens and deciduous plant material to create a tall, dense buffer
creating habitat for wildlife and visual relief for the neighbors. The Planning Board
may require fencing along property lines to provide screening for neighbors or site
occupants, or to delineate property boundaries.
Q. At least thirty (30%) percent of the total site area shall be devoted to open space
which shall consist of existing natural vegetation and / or ornamental landscaping
and well maintained with grass, appropriate recreational amenities, walking paths,
trees, shrubbery and other suitable plant materials approved during site plan
review.
R. No more than one attached dwelling unit shall be allowed for occupancy by a
property superintendent or site manager and his / her family.
S. Accessory structures including facilities necessary to meet the proper maintenance,
security, storage and utility needs of the development are permitted. Ancillary uses
providing services or amenities only for site residents, such as but not limited to
recreation rooms, lounges, rehabilitation facilities, exercise rooms and similar
facilities are permitted.
T. The site shall have frontage on a collector or arterial street, and circulation
driveways shall be designed so that vehicular access does not enter or exit from a
minor residential streets.
U. The site shall be located within a half mile distance from a Hamlet Center (Village
Business (VB), Shopping Center Business (SCB) and Hamlet Commercial /
Residential (HC) zones) or an Incorporated Village Boundary. In cases where the
proposed Assisted-Living Facility is not located within a half mile distance from a
Hamlet Center, the applicant shall provide a shuttle bus service and/or other
transportation mitigation measures. In such instances where shuttle bus service is
provided, the applicant shall provide, as part of the development application, a
written description indicating how residents of the facility shall have access to the
following off site services. Those off site services marked with an asterisk (*) are
mandatory and transportation to such services and facilities shall be designated as
regular routes in the written description of the transportation system:
a.Grocery Store *
b.Bank *
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Southampton Town Board - Letter Board Meeting of August 22, 2017
c.Non-emergency hospital visits *
d.Doctor and dentist offices *
e.Pharmacy *
f.Retail shopping *
g.Post Office *
h.Religious institutions *
i.Library *
j.Park *
k.Restaurants or snack shops *
l.Adult education facility
m.Cinema / Theater / Performing Arts
n.Medical emergency services
o.Nursing home or other assisted / independent living facility
p.Barber / beauty shop
q.Recreation / civic center
The availability of the transportation system and the locations of the services and
facilities included in the transportation route shall be determined by the operator of
the Assisted-Living Facility in a manner that addresses the reasonable needs of the
residents. In making this determination, when multiple services and facilities are
available, the provision of transportation to services and facilities within seven (7)
miles of the Assisted-Living Facility shall be presumed to be reasonable.
SECTION 9 Amendment
.
.
Article XV Supplemental Use and Dimensional Regulations is hereby amended by deleting
the stricken words and adding the underlined words as follows:
§330-105 Schedules of minimum and maximum floor area.
K. The maximum gross floor area per building or building complex in the Highway
Business Zoning District shall not exceed 15,000 square feet per lot, except for
the following uses which shall require special exception approval from the
Planning Board and which shall comply with the special exception standards set
forth in 330-129.
(3) Assisted-Living Facility The above special exception uses shall comply with
the special exception standards set forth in §330-129.
N. The maximum gross floor area per building or building complex in the Office District
Zone shall not exceed 15,000 square feet per lot, except for the following uses which
shall require special exception approval from the Planning Board Floor area
.
dimensions for buildings in the Office District Zone shall be limited to 15,000 square
feet per building or building complex per lot. The Planning Board may grant a
special exception permit for the following uses, and only the following uses:
(2) General community facilities limited to the following:
(d) Assisted-Living Facility
SECTION 10 Authority.
.
The proposed law is enacted pursuant to §10 of Municipal Home Rule Law and §130(1) of
New York State Town Law.
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SECTION 11 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 12 Effective Date.
.
This local law shall take effect upon filing with the Secretary of State pursuant to Municipal
Home Rule Law.
AND BE IT RESOLVED, that the Town Board of the Town of Southampton directs the Town
Clerk to forward a copy of the proposed local law to the Suffolk County Planning
Commission and the Southampton Town Planning Board for their review and
recommendations;
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 September 12, 2017 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 amending Chapter 330 of the Zoning Code (Sections 330-5 Definitions; 330-
10 Residence Districts Table of Use; 330-12 Senior Citizen Zone - Purpose, Definitions,
Exclusions, Special Exceptions; 330-17 Multifamily Planned Residential Development District
(MFPRD) - Purpose, Definitions, Exclusions, Special Exceptions; 330-33 Business Districts
Table of Use; 330-95 Parking; 330-105 Schedules of Minimum and Maximum Floor Area;
and Adding 330-144.2 Assisted-Living Facility) in order to amend the definition of Assisted-
Living Facility, establish it as a Special Exception Use in certain Zoning Districts and provide
standards to ensure compatibility with surrounding land uses.”
Copies of the proposed local law, sponsored by Supervisor Schneiderman, Councilperson
Lofstad and Councilperson 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
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Jay Schneiderman, Supervisor
SECONDER: John Bouvier, Councilman
AYES: Schneiderman, Lofstad, Scalera, Bouvier, Glinka
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Southampton Town Board - Letter Board Meeting of August 22, 2017
TOWN BOARD RESOLUTION 2017-804
Item # 7.43
ADOPTED DOC ID: 27679
Amend Chapter 244-2 Relative to allocation of development
rights on parcels less than 10,000 square feet.
BE IT HEREBY RESOLVED, that the Town Board of the Town of Southampton hereby directs
that a public hearing shall be held on September 26, 2017 at 6:00 p.m., at Southampton
Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either
for or against “A LOCAL LAW amending Chapter 244 of the Southampton Town Code
(Transfer of Development Rights Certificate Program) Section 244-2(F) Allocation of
development rights; for the purpose of amending the development right allocation for
parcels of land less than 10,000 square feet in area,” which provides as follows:
LOCAL LAW NO. OF 2017
A LOCAL LAW amending Chapter 244 of the Southampton Town Code (Transfer of
Development Rights Certificate Program) Section 244-2(F) Allocation of development rights;
for the purpose of amending the development right allocation for parcels of land less than
10,000 square feet in area.
BE IT ENACTED by the Town Board of the Town of Southampton as follows:
SECTION 1. Legislative Intent.
The Town of Southampton proposes to modify the allocation of development rights for
parcels of land less than 10,000 square feet whereby one-half (0.5) development right may
continue to be allocated for parcels of land having an area greater than or equal to 4,000
square feet and less than 10,000 square feet, while the allocation of development rights for
parcels less than 4,000 square feet is proposed to be amended such that the allocation will
be proportional to the square foot area of the parcel divided by the minimum square foot lot
area requirement of the respective zoning district.
SECTION 2. Amendment
Chapter 244-2(F) (Allocation of development rights) is hereby amended by deleting the
stricken words and adding the underlined words as follows:
F. Notwithstanding the aforementioned requirements, one development right
may be allocated for a nonconforming parcel of land having a lot an area of
10,000 square feet or greater, provided said parcel has been held in single-
and-separate ownership prior to and since the effective date of Chapter 330
(Zoning) of the Town Code or any amendment thereafter making the parcel
nonconforming. One-half (0.5) development right may be allocated for each
any such single-and-separate, nonconforming parcel having a lot an area
greater than or equal to 4,000 square feet and less than 10,000 square feet
of 10,000 square feet or less. Single and separate, nonconforming parcels of
land having an area less than 4,000 square feet may be allocated a fractional
development right proportional to the square foot area of the parcel divided
by the minimum square foot lot area requirement of the respective zoning
district.
SECTION 3. Authority.
The proposed Local Law is enacted pursuant to §10 of Municipal Home Rule Law and
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§130(1) of New York State Town Law.
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 Board of the Town of Southampton directs
the Town Clerk to forward a copy of the proposed local law to the Suffolk County Planning
Commission for their review and recommendations;
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 September 26, 2017 at 6:00 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 amending Chapter 244 of the Southampton Town Code (Transfer of
Development Rights Certificate Program) Section 244-2(F) Allocation of development rights;
for the purpose of amending the development right allocation for parcels of land less than
10,000 square feet in area.”
Copies of the proposed local 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
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Jay Schneiderman, Supervisor
SECONDER: Christine Preston Scalera, Councilwoman
AYES: Schneiderman, Lofstad, Scalera, Bouvier, Glinka
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