HomeMy WebLinkAboutSH RES 663, 664, 676
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
June 28, 2018
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 June 26, 2018 6:00
PM, reviewed the following resolution(s):
Town Board Resolution RES-2018-663 Adopted \[Unanimous\]
Adopt SEQRA Negative Declaration to Amend Town Code Chapter 330-10 Table of Use
Regulations Listing Pre-existing Marinas and Boatyards as a Permitted Use in Residential
Districts and to Designate the Expansion and Renovation of Pre-existing Marinas and
Boatyards in Residential Districts as a Special Exception Use
Town Board Resolution RES-2018-664 Adopted \[Unanimous\]
Resolution of Adoption to Amend Town Code Chapter 330-10 Table of Use Regulations
Listing Pre-existing Marinas and Boatyards as a Permitted Use in Residential Districts and to
Designate the Expansion and Renovation of Pre-existing Marinas and Boatyards in
Residential Districts as a Special Exception Use
Town Board Resolution RES-2018-676 Adopted \[Unanimous\]
Notice of Public Hearing to Consider Amending Town Code Chapter 123 (Building
Construction) to Revise the Definition of Floor Area in Article VIII (Innovative and
Alternative On-Site Wastewater Treatment Systems)
Sincerely Yours,
Sundy A. Schermeyer
Town Clerk
Generated 6/28/2018 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
June 28, 2018
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 June 26, 2018 6:00
PM, reviewed the following resolution(s):
Town Board Resolution RES-2018-663 Adopted \[Unanimous\]
Adopt SEQRA Negative Declaration to Amend Town Code Chapter 330-10 Table of Use
Regulations Listing Pre-existing Marinas and Boatyards as a Permitted Use in Residential
Districts and to Designate the Expansion and Renovation of Pre-existing Marinas and
Boatyards in Residential Districts as a Special Exception Use
Town Board Resolution RES-2018-664 Adopted \[Unanimous\]
Resolution of Adoption to Amend Town Code Chapter 330-10 Table of Use Regulations
Listing Pre-existing Marinas and Boatyards as a Permitted Use in Residential Districts and to
Designate the Expansion and Renovation of Pre-existing Marinas and Boatyards in
Residential Districts as a Special Exception Use
Town Board Resolution RES-2018-676 Adopted \[Unanimous\]
Notice of Public Hearing to Consider Amending Town Code Chapter 123 (Building
Construction) to Revise the Definition of Floor Area in Article VIII (Innovative and
Alternative On-Site Wastewater Treatment Systems)
Sincerely Yours,
Sundy A. Schermeyer
Town Clerk
Generated 6/28/2018 Page 1
Southampton Town Board - Letter Board Meeting of June 26, 2018
TOWN BOARD RESOLUTION 2018-663 Item # 7.21
ADOPTED DOC ID: 29642
Adopt SEQRA Negative Declaration to Amend Town Code
Chapter 330-10 Table of Use Regulations Listing Pre-existing
Marinas and Boatyards as a Permitted Use in Residential
Districts and to Designate the Expansion and Renovation of
Pre-existing Marinas and Boatyards in Residential Districts
as a Special Exception Use
WHEREAS, the Town Board is considering the amendment of Chapter 330-10 (Table of Use
Regulations) of the Town Code of the Town of Southampton by designating pre-existing
marinas and boatyards as a permitted use in residential areas and establishing special
exception standards for the renovation and expansion of any pre-existing marinas and
boatyards in residential districts; and
WHEREAS, currently 15 pre-existing marinas and boatyards can be converted to private,
non-water dependent, residential uses; and
WHEREAS, because marina and boatyard uses are listed as not permitted in residential
districts, it causes them to be considered as non-conforming uses; and
WHEREAS, the Town maintains its objective “To eliminate non-conforming uses gradually”
(§ 330-3 L); and
WHEREAS, to be consistent with the adopted policy of the Coastal Resource and Water
Protection Plan (CRWPP) avoiding the “conversion of existing water dependent uses to non-
water-dependent uses which would displace, adversely impact, or interfere with existing
water-dependent uses”; and
WHEREAS, in order to maintain the Town’s commitment to preventing the loss of water
dependent uses and preserve water access while still accounting for the protection of
residential uses in the vicinity of pre-existing marinas and boatyards, the Town Board seeks
to list pre-existing marinas and boatyards in residential districts as a permitted use and
establish special exception standards for their renovation and or expansion; and
WHEREAS, the subject amendment is considered an “Unlisted” action within the provisions
of the New York State Environmental Quality Review Act (SEQRA) and Chapter 157 of the
Town Code; and
WHEREAS, by Resolution 2018-506 the Town Board assumed Lead Agency; and
WHEREAS, on behalf of the Town Board, Planning staff prepared an Environmental
Assessment Form (EAF) Part I and Part II which identified and evaluated the potential
impacts of the proposed action, and the Town Board has reviewed said documentation and
considered the magnitude and importance of each impact; and
WHEREAS, based on the review of the SEQRA Environmental Assessment Forms the
proposed project as described above is not expected to result in significant adverse
environmental impacts; now therefore, be it
Generated 6/28/2018 Page 2
Southampton Town Board - Letter Board Meeting of June 26, 2018
RESOLVED, the Town Board as Lead Agency hereby ADOPTS a NEGATIVE DECLARATION in
accordance with Article 8 of the Environmental Conservation Law (ECL) for the amendment
of Chapter 330-10 (Table of Use Regulations) of the Town Code of the Town of
Southampton listing pre-existing marinas and boatyards as permitted uses in residential
areas and establishing special exception (SE) standards for the renovation and expansion of
any pre-existing marinas and boatyards in residential districts; and be it further
RESOLVED, that the Town Clerk shall cause said determination of significance to be filed in
the Environmental Notice Bulletin (ENB) pursuant to 6 NYCRR Part 617.12 (c).
Financial Impact:
None
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: John Bouvier, Councilman
SECONDER: Julie Lofstad, Councilwoman
AYES: Schneiderman, Lofstad, Scalera, Bouvier, Schiavoni
Generated 6/28/2018 Page 3
Southampton Town Board - Letter Board Meeting of June 26, 2018
TOWN BOARD RESOLUTION 2018-664 Item # 7.22
ADOPTED DOC ID: 29640
Resolution of Adoption to Amend Town Code Chapter 330-10
Table of Use Regulations Listing Pre-existing Marinas and
Boatyards as a Permitted Use in Residential Districts and to
Designate the Expansion and Renovation of Pre-existing
Marinas and Boatyards in Residential Districts as a Special
Exception Use
WHEREAS, the Town Board has considered the amendment of Chapter 330-10 (Table of Use
Regulations) of the Town Code of the Town of Southampton by designating pre-existing
marinas and boatyards as a permitted use in residential areas and establishing special
exception standards for the renovation and expansion of any pre-existing marinas and
boatyards in residential districts; and
WHEREAS, the Town Board held a public hearing on the subject amendment on June 12th,
2018 where the amendment to the Table of Use Regulations as well as the special exception
standards was largely supported by stakeholders and the community; and
WHEREAS, the subject amendment of Chapter 330-10 (Table of Use Regulations) is
considered an “Unlisted” action within the provisions of the New York State Environmental
Quality Review Act (SEQRA) and Chapter 157 of the Town Code; and
WHEREAS, no other involved agencies have been identified therefore no coordination is
required; now therefore, be it
WHEREAS, the Town Board as Lead Agency adopted a Negative Declaration by separate
resolution for the subject action; now, therefore
BE IT RESOLVED, that Local Law No. 13 of 2018 is hereby adopted as follows:
LOCAL LAW NO. 13 OF 2018
A LOCAL LAW amending Chapter 330-10 (Table of Use Regulations) of the Town Code to list
pre-existing marinas as a permitted use in residential districts and also to designate the
expansion and major renovation of pre-existing marinas and boatyards in residential
districts as a special exception use.
BE IT ENACTED by the Town Board of the Town of Southampton as follows:
SECTION 1. Legislative Intent.
The Town Board of the Town of Southampton recognizes that the displacement of traditional
water-dependent uses by residential and non-water dependent commercial uses diminish
“an important economic base, source of employment, and community character.”
Preserving water-dependent uses and “public access to the water and the infrastructure
they require” is one of the main themes of the CRWPP. The CRWPP continually references
the importance of maintaining and improving existing public access as indicated below:
“Maintain, and where possible expand, public access for boating by
Generated 6/28/2018 Page 4
Southampton Town Board - Letter Board Meeting of June 26, 2018
managing existing boat ramps and encouraging the development of
new boating facilities, including transient boat moorings, in appropriate
areas.”
According to the Southampton Coastal Resources & Water Protection Plan (SCRWPP), out of
the 42 sites identified as marinas within the Town, 15 marinas exist as non-conforming,
pre-existing marinas in residentially zoned districts and are therefore susceptible to
residential and non-water-dependent commercial development.
Due to the lack of marina infrastructure and the “decline of the working waterfront,”
stakeholders such as “commercial and recreational fishermen, pleasure boaters, personal
watercraft users, swimmers and SCUBA divers, waterfowl hunters, charter fishing and
excursion vessels, hand-propelled craft” are forced to compete for accommodations. As
highlighted within the CRWPP, further “loss of existing boat support facilities (for resident
and transient boaters) exacerbates the problem.”
The CRWPP expresses the need for “Planning, regulatory and programmatic tools to protect
and expand working waterfront uses.” Therefore the Town seeks to amend chapter 330-137
to preserve, maintain and encourage water-dependent uses that have traditionally been
associated with the Town of Southampton waterfront while remaining compatible with
surrounding residential uses and comprehensive plan objectives as featured within the
Southampton Coastal Resources & Water Protection Plan.
The proposed legislation seeks to amend the use table as it applies to non-conforming, pre-
existing marinas and boatyards in residential districts by listing them as a permitted use
and establishing special exception standards for pre-existing, non-conforming marinas and
boatyards seeking to expand and or undergo renovation. The special exception designation
will require oversight and further review as to the degree of the expansion and renovation.
SECTION 2. Amendment
Chapter 330-10 (Table of Use Regulations) of the Code of the Town of Southampton Section
D. Business Uses within the Residence Districts Table of Use Regulations by adding the
underlined words as follows:
Use Classification R-10 R-15 R-20 R-40 R-60 R-80
Marinas and Boatyards
Lawfully Existing
Prior to Adoption
of This Chapter P P P P P P
Use Classification R-10 R-15 R-20 R-40 R-60 R-80
Reconstruction or
Expansion of
Pre-existing
Generated 6/28/2018 Page 5
Southampton Town Board - Letter Board Meeting of June 26, 2018
Marinas and
Boatyards in
Residential
Districts SE SE SE SE SE SE
Chapter 330-137 of the Code of the Town of Southampton is hereby amended by adding the
underlined words:
§ 330-137.1: Reconstruction or Expansion of Pre-existing Marinas and Boatyards in
Residential Districts.
A. The Planning Board shall find that the subject parcel lawfully exists for use as a
marina and or boatyard as of the effective date of this section.
B. The Special Exception Standards of § 330-137 Marina for Profit, shall apply.
C. The Special Exception Standards of § 330-126 Boatyard, shall apply.
D. Proposed structures shall be arranged to minimize obstruction of the existing
viewshed as can be seen from the public right of way.
E. The Site Plan must demonstrate an interior circulation plan accommodating all
modes of vehicle transportation including pedestrians and bicycles.
F. An Innovative/Alternative On-site Wastewater Treatment System may be required by
the Planning Board on the premises as approved by the Suffolk County Department
of Health Services in accordance with § 123-52.
G. The following minimum required transitional yards and screening shall be provided
within the nonresidential property in order to assure orderly and compatible
relationships along certain boundary lines:
(1) Adjoining residential properties.
(a) The minimum required transitional side and rear yards shall be 20 feet.
(b) The minimum required screening within such transitional side and rear
yards shall be a six-foot-high stockade-type fence or equal and landscape
plantings to be erected and maintained by the nonresidential property owner
along the side and rear property lines; provided, however, that the Planning
Board, subject to the applicable provisions of §§ 330-181 through 330-184,
may modify these requirements for screening where the same screening
effect is accomplished by the natural terrain or foliage.
(2) Adjoining street right-of-ways. The minimum required transitional front yard shall
be 20 feet, unless the Planning Board finds for aesthetic and safety reasons that
additional area is necessary.
(a) The minimum required screening within such transitional yards cited
above shall be landscape plantings, including evergreen shrubs not less than
three, and street trees meeting Town specifications. Any fencing proposed
greater than six-feet, as deemed appropriate by the Planning Board shall
Generated 6/28/2018 Page 6
Southampton Town Board - Letter Board Meeting of June 26, 2018
require landscaping located between the fence and the public right-of-way.
SECTION 3. Authority.
The proposed Local Law is enacted pursuant to §10 of Municipal Home Rule Law and
§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 Clerk is hereby authorized to publish the
following Notice of Adoption:
NOTICE OF ADOPTION
PLEASE TAKE NOTICE that after public hearings were held by the Town Board of the Town
of Southampton on June 12, 2018, the Town Board, at its meeting of June 26, 2018
adopted LOCAL LAW NO. 13 OF 2018 as Follows: “A LOCAL LAW amending Chapter 330-10
(Table of Use Regulations) of the Code of the Town of Southampton listing them as a
permitted use and establishing special exception standards for pre-existing, non-conforming
marinas and boatyards seeking to expand and or undergo renovation.”
Summary of Proposed Law
A LOCAL LAW amending Chapter 330-10 (Table of Use Regulations) of the Code of the Town
of Southampton to designate non-conforming, pre-existing marinas and boatyards as a
permitted use in residential areas, establishing special exception standards for the
renovation and expansion of any pre-existing marinas and boatyards in residential districts.
Copies of the proposed local law, sponsored by John 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: John Bouvier, Councilman
SECONDER: Julie Lofstad, Councilwoman
AYES: Schneiderman, Lofstad, Scalera, Bouvier, Schiavoni
Generated 6/28/2018 Page 7
Southampton Town Board - Letter Board Meeting of June 26, 2018
TOWN BOARD RESOLUTION 2018-676 Item # 7.34
ADOPTED DOC ID: 29665
Notice of Public Hearing to Consider Amending Town Code
Chapter 123 (Building Construction) to Revise the Definition
of Floor Area in Article VIII (Innovative and Alternative On-
Site Wastewater Treatment Systems)
RESOLVED, that the Town Board of the Town of Southampton hereby directs that a public
hearing shall be held on Tuesday, July 10, 2018, 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 Town Code Chapter 123 (Building
Construction) to revise the definition of Floor Area in Article VIII (Innovative and Alternative
On-Site Wastewater Treatment Systems),” which provides as follows:
LOCAL LAW NO. OF 2018
A LOCAL LAW amending Town Code Chapter 123 (Building Construction) to revise the
definition of Floor Area in Article VIII (Innovate and Alternative On-Site Wastewater
Treatment Systems).
BE IT ENACTED by the Town Board of the Town of Southampton as follows:
Section 1. Legislative Intent.
On July 25, 2017, by Local Law No. 17 of 2017, the Town Board of the Town of
Southampton added Article VIII to the Building Construction Code, requiring Innovative and
Alternative On-Site Wastewater Treatment Systems (“I/A OWTS”) for particular residential
projects. Notably, one of the provisions triggering the need for an I/A OWTS, under §123-
52(A)(3), is “an increase of 25% or more in the floor area of a building.”
This provision has triggered new systems in those cases where homeowners seek to
convert an existing space, such as a basement, into a gym, playroom, or other benign area
not producing an increase in sanitary flow. Thus, the purpose of this legislation is to exempt
the conversion of an existing space from the requirement that an I/A OWTS be installed, in
those cases where the conversion does not require a septic system upgrade by the Suffolk
County Department of Health Services.
Section 2. Amendment.
Section 123-51 (Definitions) of Article VIII (Innovate and Alternative On-Site Wastewater
Treatment Systems) of Chapter 123 (Building Construction), is hereby amended by deleting
the stricken words and adding the underlined words as follows:
§123-51. Definitions.
FLOOR AREA
The actual occupied area, not including unoccupied accessory areas or thickness of walls.,
except that floor area shall not include the conversion of an existing space into a livable
space, such as a basement, as long as a septic system upgrade is not required by the
Suffolk County Department of Health Services.
Generated 6/28/2018 Page 8
Southampton Town Board - Letter Board Meeting of June 26, 2018
Section 3. Authority.
The proposed local law is enacted pursuant to Town Law §§130(1), 130(3-a), and 130(15),
as well as Municipal Home Rule Law §§10(1)(i), 10(1)(ii)(a)(11), 10(1)(ii)(a)(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 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 authorized and 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 Tuesday, July 10, 2018, 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 Town Code Chapter 123
(Building Construction) to revise the definition of Floor Area in Article VIII (Innovative and
Alternative On-Site Wastewater Treatment Systems).”
Summary of Proposed Law
The purpose of this legislation is to exempt the conversion of an existing space into a livable
space, such as a basement, from the requirement that an I/A OWTS be installed, in those
cases where the conversion does not require a septic system upgrade by the Suffolk County
Department of Health Services.
Copies of the proposed law, sponsored by Councilman Bouvier, are on file in the Town
Clerk’s Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m.
BY ORDER OF THE TOWN BOARD
TOWN OF SOUTHAMPTON, NEW YORK
SUNDY A. SCHERMEYER, TOWN CLERK
Financial Impact:
None; see resolution text.
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: John Bouvier, Councilman
SECONDER: Christine Preston Scalera, Councilwoman
AYES: Schneiderman, Lofstad, Scalera, Bouvier, Schiavoni
Generated 6/28/2018 Page 9