HomeMy WebLinkAboutSH RES 722, 726, 737, 738, 749
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
July 26, 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 July 24, 2018 6:00 PM,
reviewed the following resolution(s):
Town Board Resolution RES-2018-722 Adopted \[Unanimous\]
Authorize the Supervisor to Enter into an Agreement with Nelson, Pope & Voorhis, LLC
(NPV) to prepare a Supplemental Generic Environmental Impact Statement (SGEIS) for the
proposed Riverside Sewage Treatment Plant (STP) and Constructed Wetlands, Hamlet of
Riverside
Town Board Resolution RES-2018-726 Adopted \[Unanimous\]
Authorize the Supervisor to Sign Any and All Documents for the New York State
Consolidated Funding Application for the Riverside Maritime Trail Peconic River Walk
Town Board Resolution RES-2018-737 Adopted \[Unanimous\]
Resolution of Adoption 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)
Town Board Resolution RES-2018-738 Adopted \[Unanimous\]
Resolution of Adoption Amending Town Code Chapter 177 (Septic System Rebate and
Incentive Program) to Re-Visit Various Provisions of the Program
Town Board Resolution RES-2018-749 Adopted \[Unanimous\]
Notice of Public Hearing for a Change of Zone Application from Residential (R40) to Hamlet
Commercial/Residential (HC) entitled "5 Cedar Lane LLC" (Cromer's Market), Noyac
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Southampton Town Board - Letter Board Meeting of July 24, 2018
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
July 26, 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 July 24, 2018 6:00 PM,
reviewed the following resolution(s):
Town Board Resolution RES-2018-722 Adopted \[Unanimous\]
Authorize the Supervisor to Enter into an Agreement with Nelson, Pope & Voorhis, LLC
(NPV) to prepare a Supplemental Generic Environmental Impact Statement (SGEIS) for the
proposed Riverside Sewage Treatment Plant (STP) and Constructed Wetlands, Hamlet of
Riverside
Town Board Resolution RES-2018-726 Adopted \[Unanimous\]
Authorize the Supervisor to Sign Any and All Documents for the New York State
Consolidated Funding Application for the Riverside Maritime Trail Peconic River Walk
Town Board Resolution RES-2018-737 Adopted \[Unanimous\]
Resolution of Adoption 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)
Town Board Resolution RES-2018-738 Adopted \[Unanimous\]
Resolution of Adoption Amending Town Code Chapter 177 (Septic System Rebate and
Incentive Program) to Re-Visit Various Provisions of the Program
Town Board Resolution RES-2018-749 Adopted \[Unanimous\]
Notice of Public Hearing for a Change of Zone Application from Residential (R40) to Hamlet
Commercial/Residential (HC) entitled "5 Cedar Lane LLC" (Cromer's Market), Noyac
Sincerely Yours,
Sundy A. Schermeyer
Town Clerk
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Southampton Town Board - Letter Board Meeting of July 24, 2018
TOWN BOARD RESOLUTION 2018-722 Item # 6.5
ADOPTED DOC ID: 29828
Authorize the Supervisor to Enter into an Agreement with
Nelson, Pope & Voorhis, LLC (NPV) to prepare a
Supplemental Generic Environmental Impact Statement
(SGEIS) for the proposed Riverside Sewage Treatment Plant
(STP) and Constructed Wetlands, Hamlet of Riverside
WHEREAS, on January 22, 2014 the Town of Southampton was awarded a grant through
the New York State Department of State for the preparation of a Brownfield Opportunity
Area (BOA) Step II Nomination Study for the revitalization of the Riverside hamlet; and
WHEREAS, by Resolution No. 2015-599, on June 9, 2015 the Town Board contracted with
Nelson, Pope & Voorhis, LLC, to prepare a BOA Step II Nomination Study with the
incorporation of the RRAP and Proposed Zoning Overlays and to prepare a corresponding
Draft Generic Environmental Impact Statement in order to review proposed zoning
amendments, analyze potential environmental impacts of development envisioned by the
RRAP and propose measures to mitigate any potential adverse impacts of the plan and
zoning overlays; and
WHEREAS, by Resolution No. 2015-866, on August 25, 2015 the Town Board accepted the
Draft RRAP as complete for public review and coordinated with other identified Involved
Agencies for Lead Agency designation and assumed Lead Agency; and
WHEREAS, by Resolution No 2015-946, on September 24, 2015 the Town Board assumed
Lead Agency status in connection with the State Environmental Quality Review of the
Riverside BOA Step II Nomination Study and the RRAP and issued a Positive Declaration,
requiring the submission of a Draft Generic Environmental Impact Statement (DGEIS); and
WHEREAS, on October 5, 2015, the Town Clerk received a Draft Riverside BOA Step II
Nomination Study and Draft GEIS from Nelson, Pope & Voorhis, LLC; and
WHEREAS, on October 13, 2015, by Resolution No. 2015-1001 the Town Board deemed the
DGEIS adequate for public review; and
WHEREAS, following public hearings and the preparation of a Final Generic EIS in
accordance with §617.10 of 6 NYCRR (SEQRA), the Southampton Town Board as Lead
Agency by resolution 2015-1227 accepted the Final GEIS and filed A Notice of Completion
for Publication in the Environmental Notice Bulletin (ENB) as prescribed in SEQRA (6
NYCRR) Section § 617.12; and
WHEREAS, subsequently the Riverside Overlay District (ROD) Zoning Amendments were
adopted into Chapter 330 of the Town Code of the Town of Southampton; and
WHEREAS, as identified in the GEIS, in order to implement the zoning and realize the
development plan for Riverside, the construction of a Sewage Treatment Plant (STP) and
creation of a Sewer District is necessary; and
WHEREAS, in anticipation of this, the Town of Southampton has worked with the RRAP
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Southampton Town Board - Letter Board Meeting of July 24, 2018
Master Developer and NPV to prepare an Engineering Report that is required as per Town
Law in order to formulate a sewer district to identify and describe information including but
not limited to the specific details of the siting and details for the plant, pump stations,
outfall to constructed wetlands, infrastructure plan and economic considerations; and
WHEREAS, the original GEIS did not contain the specific details of the required STP as
denoted above, therefore the Town Board as Lead Agency has determined that a
Supplemental Generic Environmental Impact Statement (SGEIS) is needed and finds that
Nelson, Pope & Voorhis, LLC is uniquely qualified in that they prepared the initial SEQRA
documents and the Engineering Report that is now the subject of the additional SEQRA
review; now, therefore,
BE IT RESOLVED, that the Town Board hereby authorizes the Town Supervisor to enter into
an agreement with Nelson, Pope & Voorhis, LLC (NPV), which will be prepared by Contracts
Compliance, for professional services for the preparation of a Supplemental Generic
Environmental Impact Statement (SGEIS) as outlined in their proposal dated July 18, 2018;
and be it further
RESOLVED, said contract shall be prepared by Contracts Compliance to commence upon a
fully executed contract and shall expire December 31, 2018, the Town reserves the right to
extend this contract for a period of an additional six (6) months if doing so is in the best
interest of the Town, and per the Town Comptroller, no purchase order shall be issued and
no payment shall be made without a fully executed contract in place; and be it
FURTHER RESOLVED, the source of funding is the Sewering Feasibility Study for Flanders-
Riverside Corridor Capital Project LM-17.1, G/L #C3-99-H108-00-6490-0000 in the amount
of $50,000; and
BE IT FURTHER RESOLVED, the Town Clerk is hereby directed to forward a copy of this
resolution to the following involved agencies to notify that the preparation of a
Supplemental GEIS is underway:
1. Suffolk County Department of Public Works
Attn: Daniel Dresch Jr., Director of Traffic Safety
335 Yaphank Avenue
Yaphank, New York 11980
2. Suffolk County Department of Health Services
Suffolk County Sewer Agency
Attn: Gilbert Anderson, P.E., Commissioner of Public Works and Sewer Agency Chair
335 Yaphank Avenue
Yaphank, New York 11980
3. Suffolk County Department of Health Services
Office of Wastewater Management
Attn: Craig Knepper, P.E., Chief Public Health Engineer
360 Yaphank Avenue, Suite 2C
Yaphank, New York 11980
4. New York State Department of Environmental Conservation-Region 1
Attn: Carrie Meek Gallagher, Regional Director
50 Circle Road
Stony Brook, New York 11790
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Southampton Town Board - Letter Board Meeting of July 24, 2018
5. New York State Department of Transportation, Region 10
Attn: Mr. Tariq Melik, Regional Permit Coordinator
250 Veterans Memorial Highway
Hauppauge, New York 11788
6. Central Pine Barrens Joint Planning & Policy Commission
624 Old Riverhead Road
Westhampton Beach, New York 11978
7. NYS Department of State
Office of Planning and Development
Attn: David Ashton
99 Washington Ave., Suite 1010
Albany, NY 12231
And provide a copy of this resolution to the following interested agencies:
1. Suffolk County Planning Commission, c/o Sarah Lansdale
2. Town of Southampton Planning Board, Dennis Finnerty Chairman
3. Town of Riverhead
4. Suffolk County Water Authority
5. Town of Southampton Department of Municipal Works
6. Flanders/Riverside/Northampton Civic Association
Financial Impact:
Funding Source is the 2018 budgeted amount of $50,000 from G/L C3-99-H108-00-6490-
0000
Capital LM17.2 "Sewering Feasibility Study for Flanders-Riverside Corridor"
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Jay Schneiderman, Supervisor
SECONDER: John Bouvier, Councilman
AYES: Jay Schneiderman, Julie Lofstad, John Bouvier, Tommy John Schiavoni
ABSENT: Christine Preston Scalera
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Southampton Town Board - Letter Board Meeting of July 24, 2018
TOWN BOARD RESOLUTION 2018-726 Item # 6.9
ADOPTED DOC ID: 29827
Authorize the Supervisor to Sign Any and All Documents for
the New York State Consolidated Funding Application for the
Riverside Maritime Trail Peconic River Walk
WHEREAS, the State of New York has implemented the Consolidated Funding Application
(CFA) process for state-wide economic development projects; and
WHEREAS, the hamlet of Riverside, bordered by the hamlets of Northampton to the south
and Flanders to the east, and the Town of Riverhead to the north, remains one of the most
economically distressed communities within the County of Suffolk; and
WHEREAS, past planning efforts addressing the hamlet of Riverside undertaken by the Town
and the County, all recommend revitalization of the hamlet; and
WHEREAS, to stimulate this revitalization, in 2013 the Town worked closely with the
community to develop and adopt the Riverside Revitalization Action Plan (the “RRAP”) and,
thereafter, by Local Law No. 30 of 2015, the Riverside Overlay District (the “ROD”); and
WHEREAS, the intent of both the RRAP and the ROD was, and remains, to facilitate
implementation of the many past planning efforts that have targeted the Riverside
community, and provide a successful comprehensive planning framework for the
redevelopment of the hamlet; and
WHEREAS, one proposal articulated within the RRAP in furtherance of this redevelopment is
the creation of a handicapped accessible walking trail, referred to as the Riverside Maritime
Trail Peconic River Walk, connecting Flanders Road/SR 24 to the Peconic River, in order to
provide pedestrian access to the water; and
WHEREAS, establishing this walking trail is just one part of the RRAP’s achievable goals of
creating pedestrian trails and greenways - offering walkways, benches, and picnic tables
leading up to, at, and along the Peconic River, to enhance this passive recreational
experience for residents of the Town and the County alike; and
WHEREAS, in order to accomplish this goal, the proposed walking trail and associated
improvements must traverse several County-owned parcels, identified as SCTM Nos. 900-
118-2-14, 900-118-2-15, 900-118-2-16, 900-118-2-17, 900-118-2-18, and 900-118-2-
20.1 (the “Parkland”); and
WHEREAS, pursuant to the New York State Constitution Article 8, §1, and General Municipal
Law Article § 5-G, the Town has entered into an Inter-Municipal Agreement with the County
of Suffolk for the maintenance of particular County-owned parcels, that is, SCTM Nos. 900-
118-2-14, 900-118-2-15, 900-118-2-16, 900-118-2-17, 900-118-2-18, and 900-118-2-
20.1, thereby allowing the Town to build and maintain the Riverside Maritime Trail Peconic
River Walk on said County property; and
WHEREAS, the Riverside Maritime Trail Peconic River Walk will also traverse 1400 linear
feet; and
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Southampton Town Board - Letter Board Meeting of July 24, 2018
WHEREAS, the Town received approval of $30,000 in incentive funding in 2 0 17 from Empire
State Development to offset project costs; and
WHEREAS, the Town of Southampton has identified an appropriate additional source of
possible funding to complete the development of the Riverside Maritime Trail Peconic River
Walk in the programs available under the New York State Consolidated Funding Application
(CFA); and
WHEREAS, CFA program identified as a possible funding source is but may not be limited to
the New York State Department of State’s Local Waterfront Revitalization Program (LWRP);
and
WHEREAS, Riverside is designated by the NYS Department of Environmental Conservation
as an Environmental Justice community; and
WHEREAS, under the LWRP grant program of New York State's Department of State, the
Town would provide 100% of funding up front, and the grant would reimburse up to 85% of
eligible project costs; and
WHEREAS, the total cost for final planning and construction of the Riverside Maritime Trail
Peconic River Walk is estimated to be approximately $520,000; now therefore, be it
RESOLVED, that the Town Board of the Town of Southampton hereby adopts this resolution
in support of submitting the grant application for consideration under the NYS Consolidated
Funding Application to implement the design and construction of the Riverside Maritime Trail
Peconic River Walk; be it
FURTHER RESOLVED, that the Town Board of the Town of Southampton hereby authorizes
the Supervisor or his designee to execute any and all documents required to prepare and
submit the grant application; be it
FURTHER RESOLVED, if the grant request is approved, a separate Town Board Resolution
accepting the awarded grant(s) shall be adopted and identify the source of funding for the
up-front costs and per the Town Comptroller, no spending is to occur prior to the
acceptance of the grant(s) and funding is established.
Financial Impact:
None; see resolution text
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Jay Schneiderman, Supervisor
SECONDER: John Bouvier, Councilman
AYES: Jay Schneiderman, Julie Lofstad, John Bouvier, Tommy John Schiavoni
ABSENT: Christine Preston Scalera
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Southampton Town Board - Letter Board Meeting of July 24, 2018
TOWN BOARD RESOLUTION 2018-737 Item # 6.21
ADOPTED DOC ID: 29765
Resolution of Adoption 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)
WHEREAS, the Town Board of the Town of Southampton is considering 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); and
WHEREAS, a public hearing was held by the Town Board on July 10, 2018, 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. 15 of 2018 is hereby adopted as follows:
LOCAL LAW NO. 15 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:
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Southampton Town Board - Letter Board Meeting of July 24, 2018
§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.
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 Adoption:
NOTICE OF ADOPTION
TAKE NOTICE, that after a public hearing was held by the Town Board of the Town of
Southampton on July 10, 2018, the Town Board, at its meeting of July 24, 2018, adopted
LOCAL LAW NO. 15 OF 2018, as follows: “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).”
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: Julie Lofstad, Councilwoman
AYES: Jay Schneiderman, Julie Lofstad, John Bouvier, Tommy John Schiavoni
ABSENT: Christine Preston Scalera
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Southampton Town Board - Letter Board Meeting of July 24, 2018
TOWN BOARD RESOLUTION 2018-738 Item # 6.22
ADOPTED DOC ID: 29764
Resolution of Adoption Amending Town Code Chapter 177
(Septic System Rebate and Incentive Program) to Re-Visit
Various Provisions of the Program
WHEREAS, the Town Board of the Town of Southampton is considering amending Town
Code Chapter 177 (Septic System Rebate and Incentive Program) to re-visit various
provisions of the program; and
WHEREAS, a public hearing was held by the Town Board on July 10, 2018, 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. 16 of 2018 is hereby adopted as follows:
LOCAL LAW NO. 16 OF 2018
A LOCAL LAW amending Town Code Chapter 177 (Septic System Rebate and Incentive
Program) to re-visit various provisions of the Program.
BE IT ENACTED by the Town Board of the Town of Southampton as follows:
Section 1. Legislative Intent.
On August 22, 2017, by Local Law No. 22 of 2017, the Town Board of the Town of
Southampton amended Town Code Chapter 177 in its entirety as it relates to the septic
system rebate and incentive program. Specifically, the Town Board, in recognizing the need
to reduce nitrogen pollution in the Town’s surface waters and drinking water aquifers,
updated the existing 2013 rebate legislation in an effort to offset the cost of system
upgrades now required by Article VIII of Town Code Chapter 123. In addition, however, the
Town Board sought to encourage the voluntary upgrade of sanitary systems not yet
required or mandated.
As discussed at the time of its adoption, almost one year later, and having had the
opportunity to observe and manage the Septic System Rebate and Incentive Program, the
Town Board now seeks to re-visit Chapter 177 to amend those sections of the law in need of
reconsideration, adjustment, and/or improvement. In particular, this local law proposes to:
(i) expand the rebate eligibility to those areas outside the high and medium priority areas,
where an I/A OWTS has been required by the Conservation Board and/or the Environment
Division pursuant to Town Code Chapter 325, (ii) expand the rebate eligibility based upon
income, (iii) increase the maximum rebate from $15,000 to $20,000, and (iv) expand the
time frame within which rebate monies are encumbered for an applicant from six months to
twelve months.
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By reviewing this Program, and the attendant Code provisions annually, the Town
Board hopes to make the rebate program an efficient and successful tool for all property
owners within the Town to utilize in furtherance of nitrogen reduction.
Section 2. Amendment.
Section 177-1 (Definitions) of Chapter 177 (Septic System Rebate and Incentive Program)
is hereby amended by deleting the stricken words and adding the underlined words as
follows:
ELIGIBLE AREA
Those parcels (i) mapped in the CPF Water Quality Improvement Project Plan and
designated as high and medium priority., as amended from time to time, or (ii) those
parcels required to install an I/A OWTS by the Conservation Board and/or the
Environment Division pursuant to Town Code Chapter 325. For purposes of this
chapter, if any portion of a subject parcel is located within a priority area, the entire
parcel shall be deemed wholly within said priority area. In addition, if any parcel lies
within both priority areas, the entire parcel shall be deemed within the high-priority
area.
ELIGIBLE PROPERTY OWNER
Any person, estate, trust, beneficiaries of an estate or trust, partnership, or member
of a limited-liability corporation, corporation, or other legal entity which owns
residential or nonresidential property. Residential property owners must meeting the
following income guidelines based upon the adjusted gross income of the primary
owner as reported on the property owner’s latest available federal or state income
tax return:
A. Less than or equal to $300,000/year: 100% of the costs, up to a maximum of
$15,000 $20,000;
B. Between $300,001 and $500,000/year: 50% of the costs, up to a maximum of
$15,000 $20,000;
C. Between $500,001 or more shall not be eligible and $1,000,000/year: 25% of the
costs, up to a maximum of $20,000;
D. $1,000,001 or more shall not be eligible.
Section 3. Amendment.
Subsection 2 of subdivision B (Procedure for rebate) of Town Code §177-2 (Rebate and
Incentive Program), is hereby amended by deleting the stricken words and adding the
underlined words as follows:
B. Procedure for rebate. In order to claim the rebate established by this section, the
applicant must:
(2) Upon review and approval of said form, the Town Community Preservation
Department shall deem the application eligible for a rebate. Said approved
rebate application form shall serve to encumber the rebate monies
attributable to the applicant’s upgrade for a period of six twelve months.
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Southampton Town Board - Letter Board Meeting of July 24, 2018
Within said time, the applicant must complete the upgrade as described below
in order to receive the rebate monies. An approved application may be
extended for a period of up to 60 days upon good cause shown and at the
discretion of the Town Community Preservation Program Manager.
Section 4. 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 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 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 Adoption:
NOTICE OF ADOPTION
TAKE NOTICE, that after a public hearing was held by the Town Board of the Town of
Southampton on July 10, 2018, the Town Board, at its meeting of July 24, 2018, adopted
LOCAL LAW NO. 16 OF 2018, as follows: “A LOCAL LAW amending Town Code Chapter 177
(Septic System Rebate and Incentive Program) to re-visit various provisions of the
Program.”
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: Tommy John Schiavoni, Councilman
AYES: Jay Schneiderman, Julie Lofstad, John Bouvier, Tommy John Schiavoni
ABSENT: Christine Preston Scalera
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Southampton Town Board - Letter Board Meeting of July 24, 2018
TOWN BOARD RESOLUTION 2018-749 Item # 6.34
ADOPTED DOC ID: 29751 A
Notice of Public Hearing for a Change of Zone Application
from Residential (R40) to Hamlet Commercial/Residential
(HC) entitled "5 Cedar Lane LLC" (Cromer's Market), Noyac
WHEREAS, in July 2016, 5 Cedar Lane LLC submitted a request, pursuant to Town Code
§330-185(C), for a public work session to discuss a proposed application for a change-of-
zone; and
WHEREAS, specifically, Cedar Lane LLC seeks a zoning change from Residential (R-40) to
Hamlet Commercial/Residential (HC) on a .1 acre (5,172.01 sq. ft.) parcel located on the
west side of Cedar Lane Avenue approximately 150 ft. North of Noyack Rd, within the
Hamlet of Noyac (SCTM #900-6-1-44); and
WHEREAS, the subject parcel is a pre-existing, non-conforming lot in the Residential (R-40)
zone directly adjacent to Cromer’s Market (SCTM #900-6-1-43) and is currently utilized for
ancillary parking and storage associated with the Market; and
WHEREAS, the proposed zone change would allow the applicant to formalize the parking for
the Market use in addition to retaining the existing building on the site for office/storage
use; and
WHEREAS, a public work session was held on the change-of-zone proposal on July 6, 2017
where the Department of Land Management submitted a report and recommendation as
provided in §330-185 (C) (1); and
WHEREAS, pursuant to Town Code §330-185(C) (4), by Resolution No. 2017-1154, the
Town Board elected to consider a formal application on said proposal; and
WHEREAS, on June 26, 2018 the Town Clerk received a formal application for the change of
zone; now, therefore be it
RESOLVED, that the Town Board hereby directs that a public hearing shall be held on
August 14, 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 to change the zoning classification of a .1 acre parcel identified as
SCTM #900-6-1-44 located on the west side of Cedar Lane Avenue approximately 150 ft.
North of Noyack Rd, within the Hamlet of Noyac and currently zoned R-40 to be reclassified
as Hamlet Commercial/Residential (HC)” which provides as follows:
LOCAL LAW NO. OF 2018
A LOCAL LAW to change the zoning classification of a .1 acre parcel identified as SCTM No.
900-6-1-44 from R-40 to Hamlet Commercial (HC) in the Hamlet of Noyac”.
BE IT ENACTED by the Town Board of the Town of Southampton as follows:
SECTION 1. Legislative Intent.
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The subject parcel is a pre-existing (prior to 1957), non-conforming lot in the Residential
(R-40) zone directly adjacent to Cromer’s Market. There is a pre-existing dwelling that is
used for record storage/office in connection with the business and the site currently is
utilized for ancillary parking and storage associated with the Market. Cromer's Market is a
popular and beloved family-owned marketplace that is central to the identity of place in
Noyac.
The subject parcel is residentially zoned however it already is informally utilized to support
the Market use with ancillary parking. The proposed re-zoning would support this practice
and under the HC zoning designation, the Planning Board would impose standards for
landscaping and drainage as part of the site plan review.
The 1999 Comprehensive Plan Update recommended a ‘country crossroads’ theme for
Noyac that features small-scale development and rural vistas along Noyac Road, at the
Burkshire Place/Pine Neck vicinity and the Bay Avenue/Cedar Lane vicinity. The Noyac
Hamlet Study (November 2004) focused on three different existing commercial ‘nodes’
along Noyac Road, and made land use and design recommendations in tandem with
transportation and traffic calming recommendations. Given the scale of the existing land
uses in the Study Area and throughout the Hamlet, the study recommended adoption and
implementation of the HO-HC zoning for specific parcels in order to accomplish the following
objectives of the Comprehensive Plan Update:
Creating low impact attractive neighborhood centers with a rural character,
Slowing and altering traffic to increase pedestrian and bicyclist safety as well as
ease access in and out of businesses,
Obviating the need to travel long distances for convenience shopping, and
Providing an orderly transition in uses, density and bulk between residential,
retail and office development along the central business corridor.
Therefore, as per these recommendations of the adopted 2004 Noyac Hamlet Center Study,
in 2005 the Hamlet Office/Residential (HO) zoning and Hamlet Commercial/Residential (HC)
zoning classifications replaced the Village Business (VB) districts that were designated for
Cromer’s Market and the Whalebone General Store
While the subject property was excluded from the original rezoning, as described this parcel
already acts as ancillary parking and operations to support Cromer’s Market and provides
parking off of Noyack Road. Therefore, by extending the boundary of the HC district, the
Town can work with the applicant to accomplish the outlined objectives. In doing so the
applicant will formalize the parking, add landscaping and configure the site plan elements to
be most conducive to the health, safety and welfare of the surrounding neighbors as well as
patrons of the Market.
SECTION 2. Amendment
Parcel identified as SCTM No. 900-6-1-44 is hereby changed from Residential (R-40) to
Hamlet Commercial/Residential (HC).
SECTION 3. Authority.
The Town Board is authorized to amend its zoning map pursuant to Article 16 of the State of
New York 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
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Southampton Town Board - Letter Board Meeting of July 24, 2018
judgment made thereby shall not affect the validity of this law as a whole or any part
thereof other than the part or provisions so adjudged to be invalid or unconstitutional.
SECTION 5. Effective Date.
This local law shall take effect upon filing with the Secretary of State pursuant to Municipal
Home Rule Law.
AND BE IT FURTHER RESOLVED, that the Town Clerk is hereby authorized to publish the
following Notice of Public Hearing:
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that a public hearing will be held by the Town Board of the Town of
Southampton on August 14, 2018 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 to change the zoning classification of a .1 acre parcel identified as SCTM No.
900-6-1-44 located on the west side of Cedar Lane Avenue approximately 150 ft. North of
Noyack Rd, from Residential (R-40) to Hamlet Commercial/Residential (HC), Hamlet of
Noyac.”
Summary of Proposed Law
A local law to change the zoning from Residential (R-40) to Hamlet Commercial (HC) on a .1
acre parcel identified as 5 Cedar Lane, SCTM No. 900-6-1-44 located on the west side of
Cedar Lane Avenue approximately 150 ft. North of Noyack Rd.)
Copies of the proposed local law, sponsored by Jay 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: Tommy John Schiavoni, Councilman
AYES: Jay Schneiderman, Julie Lofstad, John Bouvier, Tommy John Schiavoni
ABSENT: Christine Preston Scalera
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