Southampton Town Board
Regular Town Board Meeting
5/10/2005 1:00 PM
Town Hall - Town Board Room
116 Hampton Road   Southampton, NY 11968
I. Minutes Approval
1. Minutes of Apr 26, 2005 7:00 PM
2. Minutes of Apr 29, 2005 12:00 PM
II. Communications
A. Public Notices
1. 1. Suffolk County Department of Planning
2. 2. Suffolk County Department of Planning
3. 3. Animal Rescue Fund of the Hamptons
4. 4. Byrd Hoffman Water Mill Foundation
5. 5. Hamptons Antiques Festivals & Sales
6. 6. East End Hospice
7. 7. J.P. Hunter Enterprises, Inc.
8. 8. Lucy McCarthy
9. 9. Liquor License Renewals
10. 10. Financial Disclosures
B. Reports
1. 1. Parks & Recreation Department
III. Public Hearings
1. Chapter 330-5, 10, 33 & 138
2. Notice of Public Hearing for Chapter 150
3. RTW Associates
4. Notice of Public Hearing on the Acquisition of Lan
5. Notice of Public Hearing on the Acquisition of Lan
6. Notice of Public Hearing on the Acquisition of Lan
7. Notice of Public Hearing Chapter 216
8. Public Hearing on Chapter 330-5
9. Notice of Public Hearing to Amend Section 330-11.2
10. Order Calling Public Hearing
11. Hearing to Amend 330-79.1 Temporary Permit
12. Order Calling Public Hearing-Bh Parking District
13. Notice of Public Hearing Structure At Pike's Beach
IV. Public Portion
V. Resolutions
1. RES-2005-331 : Dedication of Parcels of Nature Preserve Tabled From 04/12/2005 1:00 PM & 03/08/2005 1:00 PM

              WHEREAS, the Town Board held hearings, pursuant to §231-5 of the Town Code of the Town of Southampton, regarding the inclusion of certain properties within the Town of Southampton Nature Preserve; and

              WHEREAS, the Town Board has considered the Squires Pond Management Plan, as well as the comments made at the hearing;

              THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Southampton has reviewed the following action pursuant to the New York State Environmental Quality Review Act and hereby determines that the proposed action is a Type II action pursuant to 6 NYCRR §617.13 (d) (15) and (21);

              BE IT FURTHER RESOLVED, that the Town Board of the Town of Southampton dedicates the following Town-owned parcels to the Nature Preserve:

                                          SCTM #:

                                          900-174-1-42

                                          900-174-1-43

                                          900-175-1-14

 

2. RES-2005-372 : Authorization for the Town of Southampton Department of Land Management to Retain Nelson, Pope and Voorhis to Review Subject Application, Complete SEQRA Review and EAF Preparation and Prepare Draft Local Law In Connection with the Senior Citizens Condominium Complex (RTW Associates, LLC)

WHEREAS, a change-of-zone/Residential Planned Development District (RPDD) application has been received by the Town Board of the Town of Southampton to rezone approximately 8.24 acres of land located on the north side of Montauk Highway, 150 feet east of Allomara Road in Hampton Bays (SCTM No. 900-253-1-22, 23) which is currently owned by RTW Associates, LLC, from Highway Business (HB) to a Residential Planned Development District (RPDD) to allow the construction of a 65-unit senior citizen complex, to include a clubhouse/recreation building and an outdoor swimming pool, with 20% of the units set aside for seniors who qualify under moderate-income standards as defined by the Town of Southampton; and

 

WHEREAS, the Residential Planned Development District (RPDD) is predominantly intended to encourage flexible residential development with provisions for recreation, agricultural, community uses, services and activities normally accessory to residential use, while maximizing the preservation of natural vegetation and resources.  Clustering, open space preservation, and the most efficient utilization of transportation systems, utilities and public services are intended to be achieved by the RPDD.  The intent is to support creative, desirable and affordable private residential development by providing incentives and flexibility which encourage the use of innovative planning and design techniques; and

 

              WHEREAS, the Town Planning and Development Administrator has determined that it is necessary to retain a consultant to assist the Town of Southampton in its review of the subject application, complete SEQRA review and EAF preparation (excluding the cost to prepare an EIS, if required) and if authorized by the Town Board, prepare the draft Local Law; and

 

           WHEREAS, Nelson, Pope and Voorhis, LLC (NPV) has prepared a proposal and scope of services dated February 18, 2005, to assist the Town of Southampton in its review of the subject application, complete SEQRA review and EAF preparation (excluding the cost to prepare an EIS, if required) and if authorized by the Town Board, prepare the draft Local Law for the Senior Citizen Condominium Complex in an amount not to exceed $15,650; and

 

              WHEREAS, the Town Planning and Development Administrator recommends hiring NPV to assist the Town of Southampton in its review of the subject application, complete SEQRA review and EAF preparation (excluding the cost to prepare an EIS, if required) and if authorized by the Town Board, prepare the draft Local Law for the Senior Citizen Condominium Complex; and

 

              WHEREAS, the source of funding shall be the Department of Land Management Consultant Account G/L #22-82-8021-20-6490-0000; now

 

              THEREFORE, BE IT RESOLVED, the Town Board of the Town of Southampton hereby authorizes the Supervisor to sign a contract with Nelson, Pope & Voorhis, LLC, approved to form by the Town Attorney, to assist the Town of Southampton in its review of the subject application, complete SEQRA review and EAF preparation (excluding the cost to prepare an EIS, if required) and if authorized by the Town Board, prepare the draft Local Law for the Senior Citizen Condominium Complex (RTW Associates, LLC) as proposed in their February 18, 2005 scope of services.

 

3. RES-2005-402 : Budget Appropriation for the Department of Land Management

                            BE IT RESOLVED, the Town Board of the Town of Southampton authorizes the Town Comptroller to appropriate $8,650 from Appropriated Fund Balance Contingency (#22-00-0000-10-9090-0000) to the Department of Land Management Consultant Account (#22-82-8021-20-6490-0000) for payment of professional services for the preparation of the Draft Local Law, SEQRA Review and EAF preparation in connection with RTW Associates, LLC situate in Hampton Bays.

 

 

4. RES-2005-503 : Notice of Adoption of Chapter 135 (Code and Ordinance Violations Bureau) to Create an Administrative Court Bureau Tabled From 04/15/2005 1:00 PM & 04/12/2005 1:00 PM

 

              RESOLVED, that the Town Clerk is hereby authorized to publish the following

Notice of Adoption:

 

NOTICE OF ADOPTION

 

              PLEASE TAKE NOTICE that after a public hearing was held by the Town Board

of the Town of Southampton on March 22, 2005, the Town Board at their meeting of

April 12, 2005 adopted LOCAL LAW NO.   of 2005 as follows: “A LOCAL LAW

adding Chapter 135 (CODE AND ORDINANCE VIOLATIONS BUREAU) to the Town

Code of the Town of Southampton to create an administrative court bureau which shall

enforce the provisions of the Town Code as well as zoning-related actions of the Town

Board, the Planning Board, the Zoning Board of Appeals, and all other administrative

boards within the Town.”

 

              Copies of the local law, sponsored by Supervisor Patrick Heaney 

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

                                                                MARIETTA M. SEAMAN, TOWN CLERK

 

LOCAL LAW NO.    of 2005

 

              A LOCAL LAW adding Chapter 135 to the Town Code of the Town of

Southampton.

 

              BE IT ENACTED by the Town Board of the Town of Southampton as follows:

 

 

SECTION 1.  Legislative Intent

 

The Town Board finds that the proliferation of violations of the Southampton Town Code and conditions imposed on zoning-related approvals or grants by the Town Board, the Planning Board, and the Zoning Board of Appeals, as well as the added burden this has imposed on the Southampton Town Justice Court, has adversely impacted the health, safety and welfare of the residents of the Town and has eroded the quality of life of all who live and work in the Town.  The Town, therefore, finds it necessary and proper to create an administrative court bureau for the purpose of providing an additional means by which the Town may enforce the provisions of the Southampton Town Code and the zoning-related actions of the Town Board, the Planning Board, and the Zoning Board of Appeals against owners, lessors, lessees, and occupants of real property within the Town. 

 

It is intended that these enforcement measures be limited to the imposition of civil penalties only and is not designed to affect the courts and its existing criminal jurisdiction, which shall continue as a separate and independent means by which the Town may seek to enforce provisions of the Town Code. 

 

The Town Board intends to establish an administrative court bureau pursuant to Municipal Home Rule Law §10(1)(ii)(a)(12) and §10(4)(b), as well as Town Law §§135 and 268, and to impose civil penalties pursuant to Municipal Home Rule Law §10(1)(ii)(a)(9-a), notwithstanding any inconsistent provisions of C.P.L.R. §217 and General Municipal Law Article 14-BB.

 

 

SECTION 2.  The Town Code of the Town of Southampton is hereby amended to insert a

new Chapter 135 into the Town Code of the Town of Southampton as follows:

 

Chapter 135

CODE AND ORDINANCE VIOLATIONS BUREAU

 

§135-1.  Establishment of  Code and Ordinance Violations Bureau.

 

The Code and Ordinance Violations Bureau is hereby established and shall have jurisdiction to hear and determine charges of Town Code violations as well as to impose civil penalties associated with said violations.

 

§135-2.  Definitions.

 

The following terms and words, when used in this Chapter, shall have the meaning and effect as follows:

 

AGENT - Any person who reasonably appears to have either temporary or permanent authority to act for the owner or tenant of a certain property.

 

OCCUPANT - Any person who occupies property, either temporarily or permanently.

 

OWNER - Any person, corporation, partnership, firm, agency, association, lessor, organization, or entity in whom the ownership, dominion, or title of the property is vested. 

 

RESPONDENT - Any party or entity charged with a Town Code violation within the Town of Southampton.

 

SHALL - always mandatory.

 

TENANT - Any person who possesses, holds or has the temporary use and occupancy of property owned by another person. 

 

 

 

§135-3.  Administrative Law Judge.

 

A.              The Town Board of the Town of Southampton shall, from time to time, appoint an administrative law judge(s) who shall be an attorney admitted to practice in this state for at least five years and who shall have such other qualifications as may be prescribed by the Town Board. 

 

B.              The administrative law judge(s) shall be appointed by the Town Board for a term of 2 years to run concurrently with the term of the Town Supervisor.

 

C.              The administrative law judge shall be authorized to hear and determine charges against owners, lessors, tenants, and occupants of real property within the Town, alleging violations of any provisions of the Code of the Town of Southampton and/or conditions imposed on zoning-related grants, approvals by the Town Board, the Planning Board, the Zoning Board of Appeals, or other administrative boards within the Town.  The administrative law judge shall also decide all substantive questions relating to said charges and the imposition of civil penalties thereunder. 

 

D.              Subject to review and approval by the Town Board, the administrative law judge shall adopt rules necessary and appropriate for the conduct of affairs at any hearing before him or her. 

 

E.              The administrative law judge shall ensure that all hearings are conducted in a fair and impartial manner.  No administrative law judge shall participate in any proceeding to which he or she is a party, in which he or she has been an attorney, counsel or representative at any time to any party, in which he or she is related by consanguinity or affinity to any party, or where such participation is otherwise prohibited by law.

 

F.              Except as otherwise provided by law, an administrative law judge is hereby authorized to take any of the following actions to administer the Bureau:

 

              1.  hold conferences for the settlement or simplification of issues;

 

              2.              administer oaths and affirmations, examine witnesses, rule upon offers of proof, receive evidence, and oversee, regulate, order and enforce such discovery as is appropriate under the circumstances;

 

              3.  upon motion of any party, or upon the administrative law judge’s own motion

                            upon consent of the respondent, subpoena the attendance of witnesses and the

                            production of books, records or other information;

 

              4.              regulate the course of the hearing in accordance with the rules of the Bureau or other applicable law;

 

              5.              rule on procedural requests or similar matters;

 

              6.              accept pleas;

 

              7.              make final findings of fact and issue final decisions, determinations or orders;

 

              8.              impose civil penalties which will not exceed the maximum provided under                                           law for the violation;

 

              9.              enter judgments of the Bureau and order the imposition of tax assessments for outstanding civil penalties or judgments;

 

              10.              take any other action authorized by law.

 

G.              Unless inconsistent with this chapter, all hearings shall substantially comply

              with the requirements of Article Three of the State Administrative Procedure    

              Act.

 

H.              Unless otherwise authorized by law and except as otherwise provided in subdivision six of this section or subparagraph I below, no administrative law judge shall communicate, in connection with any issue that relates in any way to the merits of a proceeding pending before such judge, with any party except upon notice and opportunity for all parties of such proceeding to participate.

 

I.              An administrative law judge may consult, on questions of law and ministerial matters, with other administrative law judges and the support staff of the Bureau, provided that such administrative law judges or support staff have no financial or other interest in the adjudicatory proceeding under consideration or a factually related proceeding.

 

§135-4.  Daily Administration of the Bureau.

 

The Bureau shall have the following powers and duties:

 

A.              Provide for the administration of the rules and procedures as established from time to time by the Town Board.

 

B.              Accept and record all pleas.

 

C.              Maintain the records of the Bureau.

 

D.              Maintain and distribute all decisions, determinations, final orders and judgments made by the administrative law judge.

 

 

 

§135-5.  Jurisdiction to Impose Civil Penalties.

 

A.              The administrative law judge may impose any civil penalty for the violation of a town law, code or ordinance that a court of competent jurisdiction is authorized to impose.  Notwithstanding any provision of law to the contrary, any civil penalty imposed by the administrative law judge upon a person who has an interest in real property in the Town of Southampton shall be a lien upon such real property if such penalty is ninety (90) days or more in arrears.  All such arrears shall be deemed to be a real property tax upon the real property and may be collected as such pursuant to the Real Property Tax Law. 

 

B.              No person appearing before the administrative law judge shall be sentenced to a term of imprisonment upon being found guilty of any charge, nor shall an administrative law judge order the arrest or detention of any person, nor shall an administrative law judge deprive any person of the right to counsel.

 

§135-6.  Civil Summons. 

 

A.              Civil summonses may be issued by the Chief Building Inspector, Zoning and Building Inspectors, Ordinance Inspectors, Code Enforcement Officers, the Chief Fire Marshal, Fire Marshals, Animal Control Officers, and any other employee with enforcement responsibilities within the Town of Southampton.

 

B.              The civil summons or a copy, when prepared and served, shall constitute notice of the violations charged and, if sworn to or affirmed, shall be prima facie evidence of the facts contained therein.

 

C.              The civil summons shall contain information advising the person charged of the manner and time in which such person must admit or deny the violation charged in the summons and, if denied, the time and date of a hearing.  The civil summons shall also contain a warning advising the person charged that failure to plead in the manner and time stated may result in a default decision and order being entered against such person, and/or civil penalties imposed and assessed against the real property, as set forth in §135-8(E).  Further, the civil summons shall identify the provision of law charged, set forth the factual bases for the violation, state whether the facts set forth are known personally to the issuing officer, and, if the facts are not so known, identify the source of knowledge of such facts. Where the civil summons does not substantially comply with the provisions of this subparagraph C, it shall be dismissed by the administrative law judge at the request of the respondent.

 

D.              The original or a copy of the civil summons shall be filed and retained by the Bureau and shall be deemed a record kept in the ordinary course of business.

 

E.              Service of a civil summons shall be made as follows:

 

              1.              A civil summons shall be served personally upon the owner of the property or served upon a “person of suitable age and discretion” at the owner’s actual place of business, dwelling place, or usual place of abode and then mailed to the owner’s “last known residence.”  If service cannot be made after two attempts, the civil summons may be affixed to the door of one of the above-named places, and a copy of the civil summons shall be mailed to the property owner’s last known residence, except that service of the civil summons may be made by delivering such notice to a person employed by the person charged:

 

a.              at work, on the premises which is the subject of the violation;

 

b.              at the premises at which the person charged actually conducts the business or operation which gave rise to the violation;

 

c.              at the site of the work with respect to which the violation occurred; or

 

d.              at the place at which the violation occurred.

 

              2.  Service of the civil summons upon a corporation shall be made by serving the

                            Secretary of State or by serving an officer or agent authorized by appointment

                            or by law to receive service.

 

              3.               Service of a civil summons charging code or ordinance violations relating to

                            an unsafe object or structure may be made by affixing such summons to such

                            object or structure in a conspicuous place and the mailing of a copy of the

                            civil summons to the last known residence of the owner of the object or

                            structure.

 

F.              The administrative law judge shall not enter any final decision or order unless the civil summons has been served in the manner prescribed in the above paragraph or as otherwise prescribed by law.

 

G.              Proof of service made pursuant to this Chapter shall be filed with the Bureau.  Where service is made by certified mail, proof of service shall include the return receipt evidencing the recipient’s signature. 

 

H.              Where service of the civil summons is not made in a manner authorized by this Chapter or any other applicable law for the violation charged, it shall be dismissed by the administrative law judge at the request of the respondent.

 

§135-7.  Hearings.

 

A.              All hearings shall be held in the Town of Southampton at such place as the Town Attorney shall designate from time to time.

 

B.              Day and evening hearings may be held Monday through Friday, except on legal holidays, at such times as designated by the administrative law judge.

 

C.              Every hearing for the adjudication of an alleged violation shall be held before an administrative law judge.  All hearings shall be open to the public.  The respondent may be represented by legal counsel.  The administrative law judge shall not be bound by the rules of evidence except rules relating to privileged communications.  No charges may be sustained except upon proof by a preponderance of the evidence.  All testimony shall be given under oath or affirmation.

 

D.              A record shall be made of every hearing either by stenographic recordings or by mechanical or electronic methods.  A transcript of such record shall be supplied to a respondent upon application and upon the payment of a fee as provided in the rules and regulations of the Bureau. 

 

E.              In the case of a refusal to obey a subpoena, the administrative law judge may make application to a court of competent jurisdiction for an order requiring such appearance, testimony, or production of evidence.

 

F.              The administrative law judge may, with or without the respondents request or consent, consolidate related charges and conduct one hearing.

 

G.              All corporate respondents must be represented by an attorney duly admitted to practice law in the State of New York.

 

H.              An adjournment may be requested by the respondent up to twenty-four (24) hours prior to the hearing, but not more than two (2) such adjournments for longer than fourteen (14) days each shall be granted except under extraordinary circumstances, which the administrative law judge shall determine.  The Office of the Town Attorney may request an adjournment at any time before a hearing is commenced, but no more than two such adjournments shall be granted except under extraordinary circumstances, which the administrative law judge shall determine.

 

§135-8.  Method of pleading; payment of fines.

 

A.              A plea shall be entered on the date and time prescribed by the civil summons.  A plea must be entered in person at the hearing.  Failure of the respondent to appear on the hearing date and at the hearing time will subject the respondent to a default judgment.

 

B.              All respondents shall be entitled to a hearing, either on the time and date set forth on the civil summons or any hearing date thereafter directed by the  administrative law judge.

 

C.              When practical, a hearing should be scheduled within thirty (30) days from the service of the summons.

 

D.              Where a respondent has failed to appear and enter a plea by the date designated on the civil summons or subsequent date following an adjournment, or where a respondent fails to comply with the determination of the administrative law judge, such failure to plead or appear or comply shall be deemed for all purposes to be an admission of liability and shall be grounds for rendering a default decision and an order imposing a civil penalty up to the maximum amount prescribed by local law for the violation charged.

 

E.              Any final order of the administrative law judge imposing a civil penalty, whether the adjudication was had by hearing or upon default or otherwise, shall constitute a judgment rendered against the respondent which may be entered in the Southampton Town Justice Court or other court of competent jurisdiction or any other place which provides for the entry of civil judgments within the state, and may be enforced against the respondent or respondent’s property without court proceedings in the same manner as the enforcement of money judgments entered in civil actions, provided however, that no such judgment shall be entered which exceeds the jurisdiction of the Southampton Town Justice Court or court of competent jurisdiction. Any judgment rendered by the administrative law judge shall be a tax assessment against the real property, if any, which is the subject of the violation.

 

F.              Before a judgment based upon a default may be entered, the Bureau shall have notified the respondent by first-class mail, in such form as the Bureau may provide, of the default decision and order and the civil penalty imposed, that an entry of a judgment or imposition of a tax assessment may be avoided by requesting a stay of default for good cause shown, and either requesting a hearing or entering a plea pursuant to the rules of the Bureau within thirty (30) days of the mailing of such notice.

 

§135-9.  Schedule of fines and penalties.

 

The fines and penalties that may be imposed by the administrative law judge under this Chapter shall be determined by the schedule of fines and penalties provided in the chapter of the violation charged.

 

§135-10. Appropriation of revenues.

 

Revenues received from the Bureau through the collection of fines will be used to fund the continued operation of the Bureau.  The Comptroller shall record the monies from these fines in an account to be known as the “Code and Ordinance Violations Bureau Reserve Account.”  Surplus monies from this account may be used to fund the Department of Public Safety.

 

§135-11.  Decisions and judgments.

 

A.              The administrative law judge shall make final findings of fact and a final determination or order.  All findings of fact, decisions, determinations, and orders shall be rendered in a reasonably expeditious manner.

 

B.              The final determination or order of an administrative law judge imposing a civil penalty shall constitute a judgment and a record showing payment or nonpayment of penalties shall be kept.  A copy of such judgment, record or transcript thereof may be filed in the office of the Southampton Town Clerk and/or in the office of the Suffolk County Clerk or in such other county wherein the respondent resides or is employed.

 

§135-12.  Appeals.

 

Judicial review of any final determination or order rendered under this Chapter may be sought pursuant to Article 78 of the Civil Practice Law and Rules.  All appeals must be filed within thirty (30) days of the final determination of the administrative law judge.

 

 

SECTION 3.  Severability.

 

If any section or subdivision, paragraph, clause, or phrase 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 4.  Effective Date.

 

This local law shall take effect upon filing with the Secretary of State pursuant to

the Municipal Home Rule Law.

 

 

 

 

5. RES-2005-594 : RTW Associates, LLC Planned Development District Issuance of Positive Declaration

 

              WHEREAS, a change-of-zone/Residential Planned Development District (RPDD) application has been received by the Town Board of the Town of Southampton to rezone approximately 8.24 acres of land located on the north side of Montauk Highway, 150 feet east of Allamoro Road in Hampton Bays (SCTM No. 900-253-1-22, 23) which is currently owned by RTW Associates, LLC, from Highway Business (HB) to a Residential Planned Development District (RPDD) to allow the construction of a 65-unit senior citizen complex, to include a clubhouse/recreation building and an outdoor swimming pool, with 20% of the units set aside for seniors who qualify under moderate-income standards as defined by the Town of Southampton; and

 

              WHEREAS, on March 22, 2005, the applicant submitted revised plans that indicate a proposal for 50 units which shall hereafter be the subject of review; and

 

              WHEREAS, the Residential Planned Development District (RPDD) is predominantly intended to encourage flexible residential development with provisions for recreation, agricultural, community uses, services and activities normally accessory to residential use, while maximizing the preservation of natural vegetation and resources.  Clustering, open space preservation, and the most efficient utilization of transportation systems, utilities and public services are intended to be achieved by the RPDD.  The intent is to support creative, desirable and affordable private residential development by providing incentives and flexibility which encourage the use of innovative planning and design techniques; and

 

              WHEREAS, the application for the proposed action is a Type I action pursuant to SEQRA and Section 330-246 of the Town Code; and

 

              WHEREAS, by Resolution No. 1311 adopted on September 14, 2004, the Town Board of the Town of Southampton commenced the SEQRA process to coordinate lead agency; and

 

              WHEREAS, the following are determined to be involved agencies:

 

              1.  Town of Southampton Town Board (zone change)

              2.  Town of Southampton Planning Board (site plan/wetlands permit)

              3.  New York State Department of Environmental Conservation-SPDES permit

              4.  Suffolk County Department of Health Services (water supply, sewage

                   disposal, fuel storage)

              5.  Suffolk County Planning Commission

              6.  Long Island Pine Barrens Commission (pursuant to Section 330-245(G))

              7.  Suffolk County Department of Public Works

 

              WHEREAS, the following are determined to be interested agencies:

 

              1.  NYS Dept. Parks, Recreation and Historic Preservation

              2.  Southampton Town Conservation Board

              3.  Hampton Bays Fire District

              4.  Southampton Town Fire Marshal

              5.  Southampton Town Highway Department

              6.  Southampton Town Engineer

              7.  Southampton Town Architectural Review Board

              8.  Southampton Town Building Division

              9.  Suffolk County Water Authority

              10. Hampton Bays Citizens Advisory Committee

              11. Shinnecock Tribal Trustees

 

              WHEREAS, upon coordination and referral, no involved agency had requested lead agency; and

 

              WHEREAS, by Resolution No. 1519 adopted on October 26, 2004, the Town Board of the Town of Southampton assumed lead agency; and

 

              WHEREAS, pursuant to Article 8 of the Environmental Conservation Law (ECL §8-0109), “agencies shall use all practicable means to realize the policies and goals set forth in this article, and shall act and choose alternatives which, consistent with social, economic and other essential considerations, to the maximum extent practicable, minimize or avoid adverse environmental effects, including effects revealed in the environmental impact statement process”; and

 

WHEREAS, the proposed development may result in a significant adverse impact on the environment including the impairment of the character and growth of the area to include visual and aesthetic design consideration, energy demand, traffic impacts on the existing infrastructure and carrying capacity of the existing road system, impacts to groundwater quality/surface water runoff and may result in development that is in sharp contrast to local land use plans and goals of the Comprehensive Plan; and

 

              WHEREAS, upon review of all submitted material, including the revised plans submitted March 22, 2005 with responses to the Staff Advisory Report prepared by the Department of Land Management on December 29, 2004, the Town Board finds that within said responses the applicant has not sufficiently addressed the requests for additional information, specifically to demonstrate in a quantifiable manner how the proposal for multi-family housing poses “significantly less potential impacts than any commercial development” permitted under the current HB zoning in that impacts resulting from either development have not been assessed, and, therefore, said report cannot legitimately serve as a substitute for an EIS; and

 

              WHEREAS, the Town Board further finds that the preparation of an environmental impact statement will aid in the decision-making process that requires balancing of the competing factors and is indeed the best avenue to evaluate cumulative impacts and alternatives pursuant to SEQRA guidelines; now, therefore, be it

 

              RESOLVED, that the proposed RPDD application may have a significant impact on the environment; and be it further

 

              RESOLVED, that the Town Board of the Town of Southampton hereby adopts a POSITIVE DECLARATION pursuant to the State Environmental Quality Review Act and Chapter 157 of the Town Code; and be it further

 

              RESOLVED, the Town Clerk is directed to file and publish the Positive Declaration pursuant to 6NYCRR Section 617.12(c ); and be it further

 

              RESOLVED, that a copy of the Positive Declaration and Draft Environmental Impact Statement be filed with the other involved agencies, interested agencies and persons pursuant to 6NYCRR Section 617.12(b).

 

6. RES-2005-635 : Authorization to Amend the Agreement and Boundary for the Riverside Area Blight Study

WHEREAS, the Town Board of the Town of Southampton by Resolution No. 1168 dated June 22, 2004, has retained the consultant firm of Saccardi  & Schiff, Inc. to prepare the Riverside Area Blight Study; and

 

              WHEREAS, the Riverside Area Blight Study is to develop a structured citizen involvement process to ensure a cross representation of the stakeholders in the community including residential, business and civic leadership; and

 

WHEREAS, at the initial meeting for the Riverside Area Blight Study Ad Hoc Committee on March 3rd, 2005, the ad-hoc committee members requested that the boundaries be expanded to include the opposite side of the street; and

 

WHEREAS, the Director of Housing toured the community with the committee members and the Town’s  consultant, Saccardi & Schiff, Inc. and agreed on the specifics of the boundary area.  The revision will enable the Town of Southampton and the consultant to include uses and conditions that were identified as concerns; and

 

WHEREAS, the Town’s consultant, Saccardi & Schiff, Inc. submitted a proposal dated April 19th, 2005 for the following additional work and is requesting payment in the amount of $8,000.00:

 

q              Drafting of a new base map

q              Revisions to previously prepared maps

q              And, extension of reports and plans to consider the newly added properties and public spaces; and

 

WHEREAS, the Director of Housing reviewed said proposal for the additional funds and recommends approval; and

 

WHEREAS, the contractual agreement for the Riverside Area Blight Study is $42,500.00 and $50,000.00 has been appropriated for in the 2005 Capital Budget; and

 

WHEREAS, the 2005 Capital Budget would require an additional $500.00 to complete the Scope of Services for the original contract and amendment for the Riverside Area Blight Study; now therefore

 

BE IT RESOLVED, the Riverside Area Blight Study contract be increased in the amount of $8,000.00 to include the additional work tasks.  The source of funding shall be Capital Budget Blight Study G/L #80-82-8030-21-6420-2004; and

 

BE IT FURTHER RESOLVED, the Town Comptroller is authorized to make any and all necessary changes as directed by this resolution; and

 

              BE IT FURTHER RESOLVED, the Supervisor is authorized to sign a contract amendment with Saccardi  & Schiff, Inc. for the additional expenses in an amount not to exceed $8,000.00 for the preparation of the Riverside Area Blight Study, approved to form by the Town Attorney.

7. RES-2005-636 : Authorize Supervisor to Enter Into a Support Agreement with CCSI

 

WHEREAS, in September of 2003, the Town Board of the Town of Southampton authorized the Supervisor to enter into an agreement with Contemporary Computer Services, Inc. (“CCSI”), for engineering support; and

 

WHEREAS, the parties again desire to enter into an agreement for said services; and

 

WHEREAS, in consideration for said services, the Town agrees to pay CCSI for the duration of hours purchased; and

 

WHEREAS, the Town shall purchase 64 hours; and

 

WHEREAS, the cost of the 64 purchased hours shall not exceed $12,800; and

 

WHEREAS, the term of said agreement shall be for the period of April 1, 2005 through March 30, 2006; and

 

WHEREAS, the Data Processing Manager recommends entering into said agreement; now therefore be it

 

RESOLVED, that the Town Board of the Town of Southampton authorizes the Supervisor to enter into an agreement with Contemporary Computer Services, Inc. for engineering support services, subject to the approval of the Town Attorney’s Office.  The source of funding is G/L 80-10-1680-21-6300-1016.

 

 

 

 

 

 

8. RES-2005-637 : Authorize the Supervisor to Sign a Contract Amendment with New York State Department of State (NYS DOS) for the LWRP/Intermunicipal Waterbody Management Plan/Harbor Management Plan Preparation

                            WHEREAS, the NYS DOS has awarded the Town of Southampton $70,000 in funding under Title 11 of the Program to prepare a LWRP/Intermunicipal Waterbody Management/Harbor Management plan (Contract #5869); and

 

                            WHEREAS, the Town of Southampton has set aside matching funds in its capital budget to prepare these management plans and that these plans will build on existing studies and inventories and other planning initiatives including the current Comprehensive Plan Update; and

 

                            WHEREAS, according to the terms of the contract, the Scope of Work for the contract is to be completed by March 31, 2005; and

 

                            WHRERAS, these management plans will provide an important tool for protecting our natural resources and enhancing the quality of life of our waterfront communities and, that this project will benefit by the extension of time to complete the scope of work that has been identified; so now

 

                            THEREFORE BE IT RESOLVED, that the Supervisor is authorized to sign a contract amendment with the NYS DOS to extend the terms of the LWRP/Intermunicipal Waterbody Management Plan/Harbor Management Plan Preparation until March 31, 2006.

 

 

 

9. RES-2005-638 : Authorize the Supervisor to Sign a Contract Amendment with New York State Department of State (NYS DOS) for the LWRP/Quantuck Bay and Mecox Bay Watershed Action Plans Project Agreement

                            WHEREAS, the Town Board of the Town of Southampton authorized the Supervisor to sign a contract with the New York State Department of State to enable the Town to receive funds for the preparation of the Quantuck Bay and Mecox Bay Watershed Action Plans through the Local Waterfront Revitalization Program (LWRP Contract No. C006286); and

 

                            WHEREAS, according to the terms of the Contract, the Scope of Work for the Contract is to be completed by March 31, 2005; and

 

                            WHEREAS, the plan will build on previous work carried out to prepare Southampton’s LWRP and an Intermunicipal Waterbody Management plan for watersheds in the South Shore Estuary Reserve and provide up-to-date information and analysis of important natural features, habitat complexes, hydrological and geologic zones, and coastal processes, and that this project will benefit by the extension of time to complete the scope of work that has been identified; so now

 

                            THEREFORE, BE IT RESOLVED, that the Supervisor is authorized to sign a contract amendment with the New York State Department of State to extend the terms of the Quantuck Bay and Mecox Bay Watershed Action Plan Contract until March 31, 2006.

 

 

 

 

 

 

10. RES-2005-639 : Authorize the Supervisor to Sign a Contract Amendment with the New York State Department of State for the Shinnecock Bay Shellfish Population Survey

                            WHEREAS, the Town Board of the Town of Southampton authorized the Supervisor to sign a contract with the NYS DOS on June 12, 2001 Resolution No. 767, to enable the Town to receive funds for a Shellfish Population Survey of Shinnecock Bay under Title 11 of the Environmental Protection Fund for a Local Waterfront Revitalization Program (Contract No. T006211); and

 

                            WHEREAS, the cost for the preparation of the Shinnecock Bay Shellfish Population Survey was estimated at $19,500 with a 50%-50% match; and

 

                            WHEREAS, the Town's local share of project funding is being supported by $6,250 in capital funding (80-82-8020-21-6241-3104) and $3,500 from the Town Trustees; and

 

                            WHEREAS, modifications of the Shinnecock Bay Shellfish Population Survey contract is necessary to allow for allocation of grant funding from the Shinnecock Bay area to support the current water quality protection and coastal resource preservation initiatives within the western portion of the South Shore Estuary Preserve; and

 

                            WHEREAS, according to the terms of the Contract, the Scope of Work for the Contract is to be completed by March 31, 2005; and

 

                            WHEREAS, this study was recommended as a Priority Protection and Management Initiative in the Town of Southampton Marine Resources Management and Protection Plan, and will benefit by the revised work program, budget and extension of time to complete the scope of work that has been identified; so now

 

                            THEREFORE, BE IT RESOLVED, that the Supervisor is authorized to sign a contract amendment with the New York State Department of State to amend the work program, budget and extend the terms of the Shinnecock Bay Shellfish Population Survey Contract until March 31, 2006.

 

 

 

11. RES-2005-640 : Authorize the Supervisor to Sign a Contract with Nelson, Pope & Voorhis, LLC to Prepare the Draft and Final GEIS for the Gabreski Airport Planned Development District

WHEREAS, the Town Board of the Town of Southampton established the Gabreski Airport Commercial/Industrial Planned Development District (APDD) under Chapter 330-248 in order to support implementation of Suffolk County’s Airport development program, the Town’s Comprehensive Plan and the Central Pine Barrens Comprehensive Land Use Plan and to accomplish the findings, purpose, and long-term goals established by the Town Board as part of Article XXVI Planned Development District, of the Town Code; and

 

WHEREAS, the Gabreski APDD is located on 58 acres at the Suffolk County Grancis S. Gabreski Airport in Westhampton Beach, Long Island, New York, and has been designated to establish future development suitable for the site; and

 

              WHEREAS, currently there are several developments being approved for the APDD without the benefit of a master plan which would provide much-needed direction and guidance regarding short and long-term airport development; and

 

WHEREAS, by Resolution No. 1418 dated October 22, 2002 the Town of Southampton hired Nelson, Pope & Voorhis, LLC, to prepare a Site Development Master Plan and assist the Department of Land Management with the establishment of comprehensive standards and guidelines for the development of the Gabreski APDD; and

 

WHEREAS, pursuant to the requirements of SEQRA, a GEIS needs to be prepared for said Master Plan; and

 

WHEREAS, the Town Planning and Development Administrator recommends the Town hire Nelson, Pope and Voorhis, LLC, to assist in the preparation of the draft and final GEIS; and

 

WHEREAS, Nelson, Pope & Voorhis, LLC, submitted a proposal dated May 3, 2005 to prepare a GEIS for the Gabreski Airport PDD; and

 

WHEREAS, the Tasks to prepare the GEIS of the subject project are as follows:

 

q                            Task 1 - Preparation of Draft GEIS (includes EAF Part I)

q              Task 2 - Preparation of Traffic Study (2 intersections)

q              Task 3 - Preparation for and attendance at two (2) EIS hearings and one (1) joint Town Board/Planning Board work sessions.

q              Task 4 - Preparation of Final GEIS

q              Task 5 - SEQRA Administration, Notices, Consultation, etc.

q              Task 6 - Preparation of Findings Statement

 

WHEREAS, the estimated project schedule and cost is for a six (6) month period not to exceed $40,000; now therefore

 

BE IT RESOLVED, the source of funding is G/L #22-82-8021-20-6490-0000 (Land Management Consultant Account); and

 

BE IT FURTHER RESOLVED, the Town Board of the Town of Southampton authorizes the Supervisor to sign a contract with Nelson, Pope & Voorhis, LLC, approved to form by the Town Attorney, to prepare a GEIS for the Gabreski Airport Planned Development District.

 

 

 

 

 

12. RES-2005-641 : Award 2005 Sidewalk Contract to Mid Island Masonry
RESOLVED, per the recommendation of the Superintendent of Highways, that the Town Board authorizes the Supervisor, to sign a Contract with Mid-Island Masonry Inc., the low bidder, for the 2005 Sidewalk Contract. Source of funding is G/L 80-30-6410-21-6270-1067 and will not exceed amount budgeted.
13. RES-2005-642 : Award Bridge Lane Bridge Rehabilitation to Amma Construction Corp
RESOLVED, that per the recommendation of Cashin Associates and the Superintendent of Highway, the Town Board authorizes the Supervisor to sign a contract with the low bidder, for the 2005 Rehabilitation of Bridge Lane Bridge to Amma Construction Corp in the amount of $199,600.00.

Source of funding G/L 80-31-5110.21-6241.6001 (Road Reconstruction) and will not exceed amount budgeted.
14. RES-2005-643 : SEQRA Negative Declaration and Award of Bid for Proposal of Municipal Solid Waste

WHEREAS, the Intermunicipal Agreement between the Town of Southampton (the “Town”) and the Town of Babylon, under which the Town presently delivers its municipal solid waste to the Babylon Waste-to-Energy (“WTE”) facility, will expire in December 2005; and

 

WHEREAS, the Town has been notified by the Town of Babylon that due to a lack of capacity caused by increased solid waste generation within their own town, the Intermunicipal Agreement will not be renewed when it expires; and

 

WHEREAS, the Town of Southampton authorized the Town Clerk to advertise for public bids for the disposal of municipal solid waste on February 17, 2005; and

 

WHEREAS, bids were opened and read aloud on March 22, 2005; and

 

WHEREAS, four bids were received, one each from Winters Brothers Recycling Corp., Omni Recycling of Babylon, Island Waste Services, and Waste Management of New York; and

 

WHEREAS, Winters Brothers Recycling Corp. submitted the lowest bid; and

 

WHEREAS, a diligent background check of Winters Brothers Recycling Corp. is complete and Winters Brothers Recycling Corp. was determined to be the lowest responsible bidder; and

 

WHEREAS, pursuant to the State Environmental Quality Review Act, the Town is required to consider potential significant environmental impacts associated with the proposed solid waste disposal contract; and

 

WHEREAS, the Town has prepared a short-form Environmental Assessment Form (“EAF”) and a Supplement thereto which review the potential adverse environmental impacts associated therewith; and

 

WHEREAS, the transportation of solid waste is a continuation of the Town’s existing waste transfer operation.  No new facilities will be constructed.  Town generated solid waste quantities are expected to remain in the same range of prior years for the contract term.  Truck movements will be similar to previous years.  The Winters Brothers’ Transfer Station (“TS”) is located in close proximity to the Babylon WTE facility, meaning there will be no new truck traffic patterns.  Town waste will be transported by Winters Brothers from the TS to a final permitted disposal facility.  Due to the small amount of waste generated by the Town, Winters Brothers’ transportation of the Town’s waste is not expected to result in any significant adverse environmental impact.  Further, to the extent that there may be environmental impacts associated with Winters Brothers’ transportation of waste from its TS, such impacts were necessarily assessed as part of the permitting process for the TS, and are, in any event, beyond the scope of the Towns’ review for this Action.

 

NOW THEREFORE BE IT RESOLVED, that the Town declares the solid waste disposal contract to be an unlisted action pursuant to SEQRA regulations, and, having determined that there are no other involved agencies, the Town hereby declares itself to be lead agency; and

 

BE IT FURTHER RESOLVED, that, having reviewed the EAF, the criteria contained in 6 NYCRR Part 617.7(c), as well as the information contained in the Supplement to the EAF, and having thoroughly analyzed the identified relevant areas of environmental concern, the Town, based on the reasons set forth hereinabove, determines that the proposed solid waste disposal contract will have no significant adverse environmental impact; and

 

BE IT FURTHER RESOLVED, that based on the recommendations of the Commissioner of Public Works and the Recycling Coordinator that Winter Brothers Recycling Corp. be awarded the bid for the Disposal of Municipal Solid Waste.  The source of funding is Waste Management Tip Fees 20-81-8161-20-6458-0000.

 

 

 

 

15. RES-2005-644 : Town of Southampton Facilities Management Plan MEP Engineering Services

 

 

WHEREAS, the Town Board of the Town of Southampton has authorized the Supervisor to enter into  agreements with Roger Ferris & Partners LLC, 7group and Cashin Associates for architectural and planning services, planning and facilitation of design charrette and site Civil Engineering services respectively, for the preparation of a Facilities Management Plan for the Town and a comprehensive development plan for the Jackson Avenue site; and

 

WHEREAS, the Town is highly desirous of having the buildings conform to the Leadership in Energy and Environmental Design (LEED) criteria, and for the entire site to be designed using the principles of LEED; and

 

WHEREAS, the Town has sought and received proposals for the provision of mechanical, electrical and plumbing (MEP) Engineering services during this phase of the project and ARUP, based in New York City was determined to be the most experienced and suitable consultant for the project; and

 

WHEREAS, the MEP Engineering services are necessary to ensure that MEP issues are considered in the formulation of the plans, and that the Plan being prepared by Ferris will adhere to LEED criteria; and

 

WHEREAS, the scope of services to be provided by ARUP shall be fully set out in the professional agreement and includes:

1.              Attend planning goal setting and charette meetings, as well as presentations to the Town Board following the charette.

2.              Research and prepare handouts on renewable energy, design solutions or technologies for air quality and other local infrastructure, local codes and standards that may impair LEED designation, concept design of the campus and benchmarks for energy use.

3.              Prepare a series of papers for incorporation into the Master Plan scheme, on topics such as energy modeling for the site, evaluation of water and wastewater technologies and suitability of the site for ground source heat pumps.

4.              Provide input into the design guidelines or topics such as massing to reduce energy use; energy use targets for various types of buildings; water use targets for various types of buildings; and guidelines for integration of alternative power sources into buildings and the site.

 

WHEREAS, ARUP has proposed to provide these services for a fee of $46,680.00 plus reimbursable expenses of traveling, lodging, printing etc. of $5,000.00; and

 

WHEREAS, the working Group formed by direction of the Town Board resolution 2004-1829 recommends that the services to be provided by ARUP are necessary to ensure that the development of a Townwide Facilities Management Plan and Comprehensive Development Plan meet the requirements of the Town, and incorporate the principles of LEED and environmental sustainability; Therefore be it

 

RESOLVED, the Town Board of the Town of Southampton authorizes the Supervisor to enter into an agreement with ARUP, for the provisions of MEP Engineering Services to the Facilities Management Plan and the Comprehensive Development Plan being developed by Roger Ferris and Partners, in amount not to exceed $46,680.00 plus reimbursable expenses of $5,000.00.  The source of funding is Jackson Avenue G/L 80-20-3120-21-6230-2006

 

16. RES-2005-645 : Bids for North Sea Playground
WHEREAS, bid packets for the construction of playground equipment at the North Sea Athletic Field were opened and read aloud by the Town Clerk on Tuesday, April 12, 2005, and

WHEREAS, Miracle Play Systems c/o Play Safe Playground Systems, Inc., 599 Main Street, North Port, NY 11768 was the low bid, therefore be it

RESOLVED, that as per the Recommendation of the Superintendent of Parks & Recreation that the Town Board does agree to award a contract for the construction of playground facilities at the North Sea Athletic Facility to Miracle Play Systems c/o Play Safe Playground Systems, Inc., 599 Main Street, North Port, NY 11768 with a cost not to exceed $64,990.00; be it further

RESOLVED, that that in addition to the above playground, the Parks & Recreation Department is further authorized to use the following bid item as needed to upgrade various playground safety surfaces at other Town parks;

- Surface Installation at other parks @ $7.75 per square foot.

BE IT FURTHER RESOLVED, that funding for the playground installation is available in Capital Code 80-70-7110-21-6212.1109. Funding for the safety surface repairs at other Parks is available in Capital Code 80-70-7110-21-6212-1092.




17. RES-2005-646 : Amend 2005 Capital Budget
WHEREAS, the 2005 Capital Budget included a project for the reconstruction of the Bridgehampton Public Parking Lot in the amount of $128,000; and

WHEREAS, a map plan and report was submitted to the Office of the Town Clerk by L.K. McLean, Associates P.C. for the reconstruction of the Bridgehampton Public Parking Lot; and

WHEREAS, a public hearing was held on April 12, 2005 on the increase and improvement of the facilities of the Bridgehampton Parking District in the Town of Southampton, Suffolk County, NY; and

WHEREAS, the public hearing was closed on April 12, 2005; and

WHEREAS, the Town Board approved a Bond Resolution on April 12, 2005 for Phase I of the reconstruction in the amount of $128,000; and

WHEREAS, this project will be funded through serial bond and debt service to be paid as an assessment to the taxpayers of the Bridgehampton Parking District; and

WHEREAS, the yearly tax rate to generate $128,000 over a period of ten years for the Bridgehampton Parking District would be $0.0055 per thousand of assessed value resulting in a tax of $2.76 on a home assessed at $500,000; and

WHEREAS, Phase II of the improvement project to the Bridgehampton Public Parking Lot is estimated at $25,000; and

WHEREAS, Phase II will be funded from both long term parking revenue generated from the Bridgehampton Parking Lot in an amount just over $11,000 and from a one-time assessment on the 2005-2006 tax roll for the taxpayers residing in the Bridgehampton Parking District in the amount of $14,000; and

WHEREAS, the yearly tax rate to generate $14,000 over one year for the Bridgehampton Parking District would be $0.00476 per thousand of assessed value, resulting in a tax of $2.38 on a home assessed at $500,000; and

WHEREAS, the Public Hearing for Phase II of the reconstruction project was held on May 10, 2005; and

WHEREAS, the Public Hearing for Phase II was closed on May 10, 2005; now therefore be it

RESOLVED, that the Capital Budget be amended from $128,000 to $153,000 to reflect the increased amount of $25,000 for Phase II of the reconstruction of the Bridgehampton Parking Lot; and be it further

RESOLVED, that the Town Comptroller authorized to make any and all necessary changes as directed by this resolution.




18. RES-2005-647 : Budget Appropriation - Police Department
RESOLVED, as per the recommendation of Chief James P. Overton, the Town Board authorizes
the appropriation of funds for repair of vehicle # 348 in the amount of $ 1,300.00 from Police Revenue Fund,
02-00-3120-10-2680-0000 (Insurance Recoveries) to G/L 02-21-3120-20-6408-0000 (Repair Vehicle).
19. RES-2005-648 : Budget Appropriation - Police Department
RESOLVED, as per the recommendation of Chief James P. Overton, the Town Board authorizes the appropriation of funds for repair of Vehicle # 806 in the amount of $ 1,600.00 from Police Revenue Fund,
02-00-3120-10-2680-0000 (Insurance Recoveries) to G/L 02-21-3120-20-6408-0000 (Repair Vehicle).
20. RES-2005-649 : Budget Appropriation for the Department of Land Management

                            BE IT RESOLVED, the Town Board of the Town of Southampton authorizes the Town Comptroller to appropriate $40,000 from Appropriated Fund Balance Contingency (#22-00-0000-10-9090-0000) to the Department of Land Management Consultant Account (#22-82-8021-20-6490-0000) for payment of professional services in connection with the preparation of the Draft and Final GEIS for the Gabreski Airport Planned Development District.

 

 

21. RES-2005-650 : Grant for Bridgehampton Village Improvement Society
WHEREAS, the Town has budgeted funds for the maintenance of certain improvements within of the hamlets of the Town through the "Hamlet Greens/Pocket Parks" Account in the Department of Parks of Recreation; and

WHEREAS, a Landscape Maintenance Contract for the Bridgehampton Train Station area has been set up by purchase order for the Bridgehampton Village Improvement Society through the "Hamlet Greens/Pocket Parks" Contracts Account in the amount of $5,000 in accordance with the 2005 Budget Narrative; and

WHEREAS, the Bridgehampton Village Improvement Society has submitted a letter to the Town dated January 10, 2005 to request funding for its ongoing commitment to maintain seasonal plantings and the flagpole on the monument green in the center of Bridgehampton; and

WHEREAS, the Supervisor has a Hamlet Services Challenge Grant Program in the amount of $30,000 in accordance with the 2005 Budget Narrative; and now therefore be it

RESOLVED, that the Bridgehampton Village Improvement Society shall be awarded an additional grant in the amount of $3,000 to maintain the Bridgehampton flagpole and for seasonal plantings; and be it

FURTHER RESOLVED that the agreement shall be approved to form by the Office of the Town Attorney and funded through Hamlet Services - Contracts Supervisor GL 01-10-1220-20-6401-1001.


22. RES-2005-651 : Public Interest Order-Bridgehampton Parking District
---------------------------------------------------------
In the Matter
of
the Increase and Improvement of the PUBLIC INTEREST
Facilities of the Bridgehampton Parking ORDER
District in the Town of Southampton,
Suffolk County, New York
---------------------------------------------------------

WHEREAS, the Town Board of the Town of Southampton, Suffolk County, New York, has duly caused to be prepared a map, plan and report including an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the increase and improvement of the facilities of the Bridgehampton Parking District of said Town, consisting of lighting and landscaping improvements at the Bridgehampton Municipal Parking Lot, including incidental expenses in connection therewith, at an aggregate maximum estimated cost of $25,000; and
WHEREAS, said capital project, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, the Town Board has determined will not result in any significant environmental effects; and
WHEREAS, at a meeting of said Town Board duly called and held on April 12, 2005, an order was duly adopted by it and entered in the minutes specifying that the said Board would meet to consider the increase and improvement of the facilities of Bridgehampton Parking District in said Town at an maximum estimated cost of $25,000, and to hear all persons interested in the subject thereof concerning the same at the Town Hall, in Southampton, New York, in said Town, on the 10th day of May, 2005, at 1:00 o'clock P.M., Prevailing Time; and
WHEREAS, the said order duly certified by the Town Clerk was duly published and posted as required by law, to-wit: a duly certified copy thereof was published in the official newspaper of this Town, on April 21, 2005, and a copy of such order was posted on April 21, 2005, on the signboard maintained by the Town Clerk of the Town of Southampton, pursuant to Section 30, subdivision 6 of the Town Law; and
WHEREAS, a public hearing was duly held at the time and place set forth in said notice, at which all persons desiring to be heard were duly heard; NOW, THEREFORE, BE IT
ORDERED, by the Town Board of the Town of Southampton, Suffolk County, New York, as follows:
Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined that it is in the public interest to increase and improve the facilities of the Bridgehampton Parking District in the Town of Southampton, Suffolk County, New York, consisting of lighting and landscaping improvements at the Bridgehampton Municipal Parking Lot, including incidental expenses in connection therewith, at a maximum estimated cost of $25,000.
Section 2. This order shall take effect immediately.

23. RES-2005-652 : Budget Transfer Human Services

RESOLVED, as per the recommendation of the Director of the Department of Human Services, that the Town Board approve the following budget transfer for the purpose of summer brochure costs.

 

              FROM CODE                                          DESCRIPTION                            AMOUNT

01.50.6989.20.6401.0000              HS Administration Contracts                            $2,500.

 

              TO CODE                                          DESCRIPTION                            AMOUNT

01.50.6989.20.6421.0000              HS Publicity and Information                            $2,500.

 

24. RES-2005-653 : Richmond Company Inc Hampton Bays West PDD Zone Change Petition Deem Draft Environmental Impact Statement (DEIS) Inadequate for Purposes of SEQRA

WHEREAS, a change-of-zone application was received by the Town of Southampton Town Clerk on April 30, 2004; and

 

WHEREAS, said application is to rezone three separate parcels comprising approximately 14.26 acres from Highway Business (HB) and Residential (R-40) to Commercial-Industrial Planned Development District (CIPDD) pursuant to Section 330-246C of the Town Code; and

 

WHEREAS, said parcels are located on the north side of Montauk Highway (CR 80) approximately 500 ft. west of Riverhead-Hampton Bays Road (SR 24) in Hampton Bays and are identified as SCTM No’s 900-221-3-16.1; 900-221-3-17; 900-221-3-18; and

 

WHEREAS, the initial application proposed to rezone said parcels to permit the construction of a 50,000 sq. ft. supermarket with 340 parking spaces, a gasoline fueling station (with 4-double rows of pump islands), a 20,872 sq. ft. passive park, and an existing 3,142 sq. ft. fast food restaurant (McDonald’s) constructed on the southwest portion of the site, and

 

WHEREAS, the Town Board’s obligations with respect to approval of the CIPDD are set forth in an amended stipulation of settlement dated October 8, 2004 (the “Stipulation”); and

 

WHEREAS, the Department of Land Management, pursuant to SEQRA, prepared the required EAF Parts II and III; and

 

WHEREAS, on June 22, 2004, by Resolution No. 932, the Town Board of the Town of Southampton assumed lead agency and issued a POSITIVE DECLARATION, thus requiring the preparation of an Environmental Impact Statement (EIS) to address the overall project impacts identified in the EAF Parts II & III and said positive declaration form; and

 

WHEREAS, as Lead Agency, the Town Board of the Town of Southampton initiated formal scoping for the preparation of a Draft Environmental Impact Statement (DEIS) that included a public hearing held on July 23, 2004; and

 

WHEREAS, on September 14, 2004 by Resolution No. 1284, the Town Board issued a final written scope for the purposes of preparing a DEIS; and

 

WHEREAS, on April 4, 2005, the Town Clerk received a Draft Environmental Impact Statement (DEIS) from the project sponsor; and

 

WHEREAS, within the submitted DEIS the applicant has indicated the omission of the gasoline fueling station and parcel identified as SCTM No. 900-221-3-17 from the proposal, thereby the rezoning application as amended comprises approximately 12.20 acres; and

 

WHEREAS, pursuant to 6 NYCRR §617.9, and as contemplated in paragraph 7N of the Stipulation the lead agency must determine whether to accept the draft EIS as adequate with respect to its scope and content for the purpose of commencing public review; and

 

WHEREAS, at the request of the Town Board of the Town of Southampton, the Department of Land Management Staff has reviewed the DEIS for such purposes and has set forth in a memorandum to the Town Board dated May 6, 2005 a complete and detailed list of the required revisions to the DEIS; and

 

WHEREAS, upon review of said memo the Town Board as Lead Agency finds that said list of required revisions are relevant and necessary in order to render the DEIS as adequate with respect to its scope and content; now

 

THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Southampton hereby deems the scope and content of the Draft Environmental Impact Statement (DEIS) submitted for RICHMOND CO. INC./ HAMPTON BAYS WEST PDD to be inadequate with respect to the September 14, 2004 final scoping document; and

 

BE IT FURTHER RESOLVED, consistent with its obligations under Paragraph 7N of the Stipulation, that the Town Board of the Town of Southampton directs the Town Clerk to forward this resolution together with its Department of Land Management Staff May 6, 2005 memorandum to the project sponsor.

 

 

 

 

 

25. RES-2005-654 : Notice of Adoption to Amend Chapter 150 -4 (Definitions), 150-8 (Performing Animal Exhibitions), 150-9 (Permits for Commercial Enterprises), 150-10 (Issuance and Revocation of Permits), 150-12 (Seizure; Fees), and 150-15 (Penalties for Offenses) of the Code of the Town of Southampton

 

RESOLVED, that the Town Clerk is hereby authorized to publish the following Notice of Adoption:

 

NOTICE OF ADOPTION

 

TAKE NOTICE that after public hearings were held on March 22, April 26 and May 10, 2005, the Town Board at their meeting of May 10, 2005 adopted LOCAL LAW NO. 18 OF 2005 as follows:  “A LOCAL LAW amending Chapter 150-4 (Definitions), 150-8 (Performing Animal Exhibitions), 150-9 (Permits for commercial enterprises), 150-10 (Issuance and Revocation of Permits), 150-12 (Seizure; fees) and 150-15 (Penalties for Offenses) of the Code of the Town of Southampton to update definitions and policies governing commercial enterprise permits administered by the Department of Public Safety.”

 

Copies of the law, sponsored by Councilman Steve Kenny, 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

                                                        MARIETTA M. SEAMAN, TOWN CLERK

 

 

                                          LOCAL LAW NO. 18 OF 2005

 

A LOCAL LAW amending Chapter 150-4 (Definitions), 150-8 (Performing Animal Exhibitions), 150-9 (Permits for commercial enterprises), 150-10 (Issuance and Revocation of Permits), 150-12 (Seizure; fees) and 150-15 (Penalties for Offenses) of the Code of the Town of Southampton to update definitions and policies governing commercial enterprise permits administered by the Department of Public Safety.

 

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 has recognized that the increase in population density of the Town has caused us to be more cognizant of the activities of our neighbors, their actions and the actions of their animals.  Therefore, the Town Board seeks to protect the public from the dangers associated with uncontrolled and/or unmanageable animals.  Furthermore, it is the intent of this ordinance to protect not only the public from the dangers associated  with such animals, but also to protect the welfare of these animals above and beyond New York State Agriculture and Markets Law Article 26 and the Federal Animal Welfare Act.  In addition, this law seeks to update definitions and policies governing commercial enterprise permits administered by the Department of Public Safety.

 

 

SECTION 2.  Amend Section 150-4 (Definitions) by striking out deleted words and adding underlined words in alphabetical order as follows:

 

§ 150-4.  Definitions.   [Amended 6-12-2001 by L.L. No. 23-2001; 3-23-2004 by L.L. No. 11-2004]

 

As used in this chapter, the following terms shall have the meanings indicated: 

 

ACCESS ROAD, TOWN  -- A Town-owned public right-of-way open for passage of vehicles, people and animals to a body of water, beach, park or recreational area.  

 

ACCESS ROAD, TRUSTEE  -- A Town Trustee-owned right-of-way open for passage of vehicles, people and animals to a body of water, beach, park or recreational area.  

 

AT LARGE  -- Any dog  animal that is unleashed or unmuzzled and on property open to the public or is on private property not owned or leased by the owner of the dog animal, unless permission for such presence has been obtained. No dog animal shall be deemed to be at large if it is accompanied by and under the immediate supervision and control of the owner or other responsible person, or is a police work dog in use for police work, or is accompanied by its owner or other responsible person and is actively engaged in hunting or training for hunting on unposted land or on posted land with the permission of the owner of the land.  

 

BAY BEACH AREA  -- As defined in § 111-31, Article VII, of Chapter 111, Beaches, Parks and Waterways.  

 

BEACH RECREATION AREA  -- As defined in § 111-1, active public parkland within the bounds of the Bay Beach Area and Ocean Beach Area that is owned by the Town of Southampton and specifically designated for use by Town residents and visitors for recreational purposes.  

 

BRIDLE PATH  -- A path or trail designated by the Town for horseback riding.  

 

CIRCUS  -- A commercial variety show featuring animal acts for public entertainment.  

 

CIRCUS--Any institution featuring exhibits for the purpose of entertainment and includes, but is not limited to, exhibitions and performances by clowns, acrobats and/or animals, provided, that nothing in this Chapter shall be construed as authorizing any display of wild or exotic animals otherwise prohibited by the Town of Southampton Municipal Code.

 

COMMERCIAL ANIMAL ESTABLISHMENT  -- Any pet shop, grooming shop, auction, riding school or stable, zoological park, circus, performing animal exhibition or kennel.  

 

 

DISPLAY--To undertake any exhibition, act, circus, public show, trade show, photographic opportunity, carnival, ride, parade, petting zoo, race, performance or similar undertaking in which animals are required to perform tricks, fight or participate in performances for amusement or entertainment.  Display shall not include educational exhibitions by institutions that are accredited by the American Zoo & Aquarium Association, The Association of Sanctuaries or operated by any agency of the State, County or local government.  "Displayed" means to be the subject thereof.

 

DOG  -- Any domesticated canine, except Seeing Eye and canines duly licensed and trained to assist the impaired.  

 

DOG WALKING TRAIL  -- A trail designated by the Town for the walking of dogs by owner or other responsible person.  

 

DOMESTIC ANIMAL  -- Any domesticated cat, sheep, horse, cattle, llama, goat, swine, fowl, duck, goose, swan, turkey or rabbit.  

 

DUNE AREA  -- A naturally occurring accumulation of sand in wind-formed ridges or mounds landward of the beach, often characterized by the natural growth of beach grass (Ammophila breviligulata). Included in this definition are deposits of fill placed for the purpose of dune construction.  

 

EDUCATIONAL EXHIBITION -- For the purposes of this chapter, an education exhibition shall mean an animal use or exhibition in which the entirety of the event is devoted to imparting knowledge or information about the exhibited animal's behavior, habitat, life cycle or feeding habits. At no time during an educational exhibition will any animal be made to perform any behavior that is not intrinsically natural to the animal.

 

GROOMING SHOP  -- A commercial establishment where animals are bathed, clipped, plucked or otherwise groomed.  

 

HARBOR  -- To provide food or shelter to any dog animal

 

KENNEL  -- Any premises wherein any person engaged in the business of boarding, breeding, buying, letting for hire, training for a fee or selling dogs or cats or a. Any premises wherein any person is harboring more than four unspayed or unneutered dogs or cats shall be considered a kennel for the purposes of this chapter.  

 

NATURE PRESERVE  -- As defined in § 231-3.  

 

OCEAN BEACH AREA  -- As defined in § 111-31, Article VII.  

 

OWNER  -- Any person who harbors or keeps any dog animal. "Owner" may also mean that the person who has last obtained the issuance of a license for a dog pursuant to the provisions of the Agriculture and Markets Law shall be presumed, for the purposes of this chapter, to be the owner of such dog. In the event that any dog animal found in violation of this chapter shall be owned by a person under 18 years of age, the owner shall be deemed to be the parent or guardian of such person (or head of the household in which said person resides).  

 

PARK  -- As defined in § 330-5, active and passive public land designated for park purposes by the Town of Southampton.  

 

PARKING BY PERMIT ONLY AREA  -- As defined in § 111-1, parking areas of a beach recreation area, park recreation area, or recreation center designated pursuant to § 111-2 and posted pursuant to § 111-4A, or an access road (both Town and Trustee) regulated pursuant to Chapter 312, Vehicles and Traffic, that is restricted to vehicles displaying a resident or nonresident permit.  

 

PARK RECREATION AREA  -- As defined in § 111-1, active public parkland outside the bounds of the Bay Beach Area and Ocean Beach Area that is owned by the Town of Southampton and specifically designated for use by Town residents and visitors for recreational purposes and managed by the Town Department of Parks and Recreation.  

 

PERFORMING ANIMAL EXHIBITION  -- Any spectacle, display, act or event other than circuses, in which performing animals are used.  

 

PERSON  -- Includes an individual, any combination of individuals or a corporation.  

 

PET SHOP  -- Any person, partnership or corporation, whether operated separately or in connection with another business enterprise, except for a licensed kennel, that buys, sells or boards any species of animal.  

 

RECREATION CENTER  -- As defined in § 111-1, land, buildings, improvements and equipment for the use by town residents and visitors for recreational purposes.  

 

RIDING SCHOOL OR STABLE  -- Any place which has available for hire, boarding and/or riding instruction any horse, pony, donkey, mule or burro.  

 

TRAIL  -- As defined in § 295-2.  

 

WILD OR EXOTIC ANIMAL--Any or all of the following animals, whether bred in the wild or in captivity, and also any or all of their hybrids with domestic species.  The words in parentheses are intended to act as examples only and are not to be construed as being an exhaustive list or to otherwise limit the generality of each group of animals. Domestic animals as specified under New York State Agriculture and Markets Law Section 108-7 are specifically exempted from this list and are not to be considered wild or exotic for the purposes of this chapter.

 

1.  Non-human primates and prosimians (such as chimpanzees, monkeys);

2.  Felidae, except domesticated cats;

3.  Canidae, including wolf hybrids and except domesticated dogs;

4.  Ursidae (bears);

5.  Elephants;

6.  Marine mammals (such as seals, and sea lions);

7.  Crocodilians (such as alligators and crocodiles);

8.  Marsupials (such as kangaroos and opossums);

9.  Ungulates (such as hippopotamus, rhinoceros, giraffe, zebra, deer);

10. Hyenas;

11. Mustelidae (such as skunks, weasels, otters and badgers);

12. Procyonae (such as raccoons and coatis);

13. Endentates (such as anteaters, sloth and armadillos);

14. Viverridae (such as civets, and genets);

15. Cetaceans (such as whales and dolphins).

16.  Poisonous Reptiles (such as rattle snakes, cobras, and gila monsters).

 

 

SECTION 3.  Amend Section 150-8 by striking out deleted words and adding underlined words as follows:

 

§150-8.  Performing animal exhibitions.

 

A. No performing animal exhibition or circus shall be permitted in which animals are induces or encouraged to perform through the use of chemical, mechanical, electrical or manual devices in a manner which will cause or is likely to cause physical injury or suffering.  The following devices are specifically prohibited at all such exhibitions, circuses, rodeos and similar events:  electric prods or shocking devices, flank or bucking straps, wire tie-downs, sharpened spurs, bull hook and bullwhips.

 

B.  All equipment used on a performing animal shall fit properly and be in good working conditions.

 

A.              Display of Exotic Animals:  It shall be a violation of this section to exhibit or display any live, wild or exotic animal as defined in Section 150-4 of this Chapter within the Town of Southampton.

 

B.                In the event that non-wild or non-exotic animals are displayed or exhibited, the use of electric prods or shocking devices, flank or bucking straps, wire tie-downs, sharpened spurs, bull hooks and bullwhips, or any mechanical, electrical or manual device which will cause or is likely to cause physical injury, pain or suffering are specifically prohibited.  No animal shall be made to perform any act which is inherently dangerous or unnatural or that is likely to result in injury to the animal.

 

C.  All non-wild or non-exotic animals brought into Southampton for display or performance must have proof of required vaccinations or a valid certificate of health from a licensed veterinarian dated within one year of the date of display or exhibit.  Animals must be free of any outward signs of injury, illness and disease and must be maintained in such condition for the term of the display or exhibit and must be able to meet all other requirements as set forth in Section 150-9.

 

D.  The provisions of this Chapter shall not apply to the displaying, raising, breeding, boarding, training, or showing of horses, the display of wild or exotic animals by American Zoo & Aquarium Association (AZA) accredited institutions, the Association of Sanctuaries or educational exhibitions, provided that a commercial enterprise permit has been granted pursuant to Section 150-9 of this Chapter and, if appropriate, New York State and Federal licenses have been obtained.

 

 

SECTION 4.  Amend Section 150-9 by adding underlined words as follows:

 

§150-9.  Permits for commercial enterprises. 

 

A.              No person, partnership or corporation shall operate a commercial animal establishment without first obtaining a permit in compliance with this section. 

 

B.              Upon a showing by an applicant for a permit that he/she is willing and able to comply with the regulations promulgated by the Town Board Public Safety Administrator, a permit shall be issued upon a satisfactory inspection and payment of the applicable fee.

 

C.              The permit period shall begin with the fiscal year and shall run for one year. Renewal applications for permits shall be made 30 days prior to and up to 60 days after the start of the fiscal year. Application for a permit to establish a new commercial animal establishment under the provisions of this article may be made at any time. 

 

D.              If there is a change in ownership of a commercial animal establishment, the new owner may have the current permit transferred to his/her name upon a satisfactory re-inspection and payment of a transfer fee of $100 as noted in the fee schedule. 

 

E.              Annual permits must be in compliance with the policies set forth by the Public Safety Administrator for the Town of Southampton. A copy of the policy shall be made available in the Town Clerk's Office.  Annual permits shall be issued upon payment of $100 fees as noted on fee schedule for:

 

(1)              Each circus. 

 

(2)              Each grooming shop. 

 

(3)              Each kennel. 

 

(4)(2)              Each performing animal exhibition, except for those involving dogs and cats as set forth in Section 150-8(D) of this chapter

 

(5)              Each pet shop. 

 

(6)              Each riding stable. 

 

F.              Every facility Each business located on separate tax map parcel regulated by this article shall be considered a separate enterprise for the purposes of Section 150-9 of this chapter and as such shall require an individual permit.

 

G.              No fee may be required of any veterinary hospital or government-operated

zoological park.  These facilities are still subject to the requirements of this

subsection.

 

G.              Government operated zoological parks shall be exempt from the provisions of this section.

 

H.               Veterinary hospitals and clinics owned and operated by veterinarians licensed to practice in New York State are exempt from the provisions of this section.

 

 

SECTION 5.  Amend Section 150-10 (Issuance of Permits) by underlining new words as follows:

 

§ 150-10. Issuance and revocation of permits.

A.

The Town Board Department of Public Safety may revoke any permit if the person holding the permit refuses or fails to comply with this article, the regulations promulgated by the Town Board Public Safety Administrator or any law governing the protection and keeping of animals.   Upon a violation of this article, on the recommendation of the Public Safety Administrator and the Animal Shelter Supervisor, the commercial enterprise permit shall be suspended upon notice and hearing before the Town Board.  

B.

If the Public Safety Administrator refuses to issue or revokes a permit, the permittee may apply to the Town Board. After a public hearing, the Town Board may grant or refuse said permit by resolution. 

BC.

Any person business whose permit is revoked shall, within 10 days thereafter, humanely dispose of all animals owned, kept or harbored,. and no part of the permit shall be refunded.  

C.D.

It shall be a condition of the issuance of any permit issued under Section 150-9 that the Town Board or its designee a representative of the Department of Public Safety shall be permitted to inspect all animals and the premises where animals are kept and all facilities associated with animals including their housing and care. at any time and shall, if permission for such inspection is refused, revoke the permit of the refusing owner.  

D.E.

No person who has been convicted of cruelty to animals shall be issued a permit to operate a commercial animal establishment.  

F.

Should any business fail to operate for the term on the permit whether for voluntary or involuntary reasons, no portion of the permit fee shall be refunded.

 

SECTION 6.  Amend Section 150-12 by adding underlined words and deleting stricken out words as follows:

 

§ 150-12.  Seizure; fees.   [Amended 4-14-1992 by L.L. No. 13-1992; 7-12-1994 by L.L. No. 32-1994; 6-12-2001 by L.L. No. 23-2001; 3-23-2004 by L.L. No. 11-2004] 

 

A.              Any dog found in violation of the provisions of §§150-5 and 150-6 of this chapter may be seized pursuant to the provisions of §118 of the Agriculture and Markets Law. 

 

B.              Every dog animal seized shall be properly cared for, sheltered, fed and watered for not less than the redemption periods set forth in §118 of the Agriculture and Markets Law. 

 

C.              Seized dogs may be redeemed by producing proof of licensing and identification pursuant to the provisions of Article 7 of the Agriculture and Markets Law and by paying the impoundment fees set forth in §118 of said article. The following impoundment fees shall apply:  impoundment fees set forth by the Public Safety Administrator for the Town of Southampton.  It shall be the responsibility of the Public Safety Administrator to create a fee schedule for this chapter which shall be revised reviewed annually by the Town Board.  Fee schedule to shall be available for review at the Town Clerk’s Office.

 

(1) Twenty-five dollars ($25.) for the first impoundment of any dog owned by that 

                          person.

 

(2) Fifty dollars ($50.), plus five dollars ($5.) per day for each day after the first 

     day of the second impoundment.

 

              (3) Seventy-five dollars ($75.), plus five dollars ($5.) per day for each day after

                  the first day of the third impoundment.

 

D.              If the owner of any unredeemed dog is known, such owner shall be required to pay the impoundment fees set forth in Subsection C of this section, whether or not such owner chooses to redeem his or her dog. 

 

E.              If the owner of an unredeemed, injured dog animal is known, such owner shall be required to pay the impoundment fees, license fee and any fee for veterinary services before the dog animal is released from an animal hospital, whether or not such owner chooses to redeem his or her dog animal

 

F.              Any dog or cat  animal which is unredeemed at the end of the exemption redemption period shall be made available for adoption or euthanized pursuant to §§118 and 119 of the Agriculture & Markets Law.  The fee for adoption of an animal dog shall be included on the fee schedule. as set by the Public Safety Administrator for the Town of Southampton. $15; the fee for adoption of a cat shall be $5, with the exception that for any incorporated humane society or dog protective association, the adoption fee shall be $2.50. 

 

G.              Voluntary surrender shall give authority to the dog control officers Town of Southampton, any of its agents, officers and the Southampton Town Animal Shelter to accept and dispose of unwanted, owned dogs and cats animals if the following conditions are met:

 

              (1)              The authority to dispense with the usual redemption provisions in those cases where an owner turns in surrenders an unwanted, unlicensed dog or animal

 

              (2)              Requirement that the owner execute a consent and/or affidavit in a form prescribed by the municipality agreeing to the disposition of said dog animal. Unless specifically requested by the owner, tThe adoption or destruction of said animal dog shall be at the discretion of the dog control officer in accordance with the Town’s euthanasia policy as adopted by Town Board Resolution, absolving the dog control officer Town of Southampton, its agents, officers, and the Southampton Town  pound, Animal Shelter and municipality of all liability.   

 

              (3)              Requirement that the owner purchase the appropriate license in order to establish proof of ownership, absolving the municipality of all liability.   

 

(4) (3)              The authority for the dog control officer Animal Shelter Supervisor, Assistant Animal Shelter Supervisor or the Animal Shelter to discontinue the service at such times when accepting dogs or cats animals would create a condition whereby seized dogs or cats animals could not be properly sheltered and cared for. 

 

(5) (4)              Surrender fee. The fee for the surrender of a dog or cat an animal to the Animal Shelter shall be included on the fee schedule.  shall be $30  as set by the Public Safety Administrator for the Town of Southampton.   

 

H.              There shall be a local dog license fee of $4.50 for unspayed or unneutered dogs and a local fee of $2.50 for spayed or neutered dogs to be paid to the Town Clerk at the time that the New York State dog license fee is obtained.  Statutory license fees shall be in accordance with Agriculture and Markets Law and any local license fees shall be  included on the fee schedule as set by the Public Safety Administrator and reviewed annually by the Town Board.

 

I.              There shall be a surrender fee of $10 for each cat or mother and litter surrendered to the Animal Shelter. 

 

I.              The Animal Shelter Supervisor, Assistant Animal Shelter Supervisor or their designee shall have the authority to waive adoption, redemption, boarding and surrender fees at his/her discretion when appropriate.

 

 

SECTION 7.  Amend Section 150-15 by adding underlined words as follows:

 

§150-15.  Penalties for offenses.  [Amended 3-23-2004 by L.L. No. 11-2004].

 

                 Any person convicted of a violation of this chapter shall be liable to a civil penalty up to $250 but not less than $50 for a first violation, not less than $100 for a second violation and not less than $150 for each subsequent violation.  Notwithstanding the aforementioned, any person convicted of a violation of §150-8 shall be liable for a civil penalty of up to $1,000.00 for a first violation; not less than $5,000.00 for a second violation and not less than $10,000.00 for a third and subsequent violations.

 

SECTION 8.    Severability. 

 

If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance.

 

SECTION 9.    Effective Date. 

 

This local law shall become effective upon filing with the Secretary of State.

 

 

 

 

 

 

 

26. RES-2005-655 : Notice of Adoption to Amend Chapter 254 (Peddling and Soliciting) to Authorize Applicant Background Check

 

RESOLVED, that the Town Clerk is hereby authorized to publish the following Notice of Adoption:

 

NOTICE OF ADOPTION

 

TAKE NOTICE that after a public hearing was held on April 26, 2005, the Town Board of the Town of Southampton at their meeting of May 10, 2005 adopted LOCAL LAW NO. 19 OF 2005 as follows:  “A LOCAL LAW amending Chapter 254 (Peddling and Soliciting) of the Code of the Town of Southampton to authorize an applicant background check by the Division of Criminal Justice Services (DCJS) and to require charitable or other tax exempt organizations to register with the Town Clerk prior to conducting any peddling activities within the Town”.

 

Copies of the local law, sponsored by Councilwoman Nancy Graboski 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

MARIETTA M. SEAMAN, TOWN CLERK

 

 

LOCAL LAW NO. 19 OF 2005

 

A LOCAL LAW amending Chapter 254 of the Code of the Town of Southampton.

 

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 recently amended portions of Chapter 254 of the Southampton Town Code.  As part of those changes, the provisions allowing the Town to forward an applicant’s fingerprints to the Division of Criminal Justice Services (DCJS) for a criminal background investigation were removed from the legislation.  As a result of recent contract negotiations, the Town Board now seeks to reinstate these provisions of the Town Code to again allow for the review and investigation of an applicant’s background by DCJS. 

 

              The remaining amendment to this local law requires that a charitable or other tax exempt organization first register with the Town Clerk prior to conducting any peddling activities within the Town.  The purpose of this requirement is to ensure that the Town Clerk has an opportunity to advise the Department of Public Safety, the Southampton Town Police Department, and any other necessary parties, of an organization’s plans to peddle within the Town.

 

              The Town Board may provide for the licensing and otherwise regulating of peddling within the Town pursuant to Town Law §136.

 

SECTION 2.  Sections of Chapter 254 of the Town Code of the Town of Southampton are hereby amended by striking through deleted words and underlining added words as follows:

 

§ 254-4.  Application and fee. 

 

A.              Applicants for a license under this chapter must file with the Town Clerk a sworn application, in writing, in duplicate, on a form to be furnished by the Town Clerk, which application shall give the following information: 

 

(1)              The name, address and telephone number of the applicant. 

 

(2)              The applicant's place of residence for the past five years. 

 

(3)              The applicant's business or employer for the past five years. 

 

(4)              The applicant's age, height, weight, color of eyes, color of hair and place

of birth. 

 

(5)              Two full-face photographs of the applicant taken within 30 days of the

application and measuring 1 1/2 inches by 1 1/2 inches. 

 

(6)              Whether or not the applicant has ever been convicted of a felony,

misdemeanor or violation of any municipal ordinance or local law, except

traffic violations, and, if so, the date, court, ordinance violated and

sentence of the court. 

 

(7)              Whether the applicant has been previously licensed in any occupation and,

if so, when, where and for what period, and any revocation and the reason for said revocation. 

 

(8)              The name and address of the person, firm or corporation the applicant represents or is employed by. 

 

(9)              The particular business, trade or occupation for which the license is requested. 

 

(10)              The manner or means of conveyance in which said business or trade or occupation shall be conducted. 

 

(11)              If the application is for a license to handle food in any form, the applicant shall submit a valid permit issued by the Suffolk County Health Department indicating compliance with the provisions of the Suffolk County Public Health Ordinance. 

 

(12)              If the applicant requires the use of weighing and/or measuring devices, such application shall be accompanied by a certificate from the County Sealer of Weights and Measures certifying that all weighing and measuring devices to be used by the applicant have been examined and approved. 

 

(13)              If the application involves the use of a vehicle, proof of a valid New York State motor vehicle registration for the vehicle to be used. 

 

(14)              If the application involves the use of a vehicle, proof that the applicant holds a valid New York State driver's license. 

 

(15)              Proof that the applicant holds a New York State sales tax identification number. 

 

(16)              In the event that any other license or permit shall be required by any other governmental agency in connection with the applicant's business, the same shall be produced by the applicant, and the Town Clerk shall duly note the same. 

 

(17)              Any additional information the Town Clerk shall deem necessary for the purpose of administering the provisions of this chapter. 

 

(18)              Any change in circumstances with regard to the information provided in the application or on the license shall be reported to the Town Clerk within 30 days. 

 

(19)              All statements contained in the application shall be notarized and executed as declarations made under the penalty of perjury.   

 

B.  Applicants shall also submit:

 

              (1)  Fingerprints.  Unless specifically waived by the Town Clerk upon a showing of facts, which in the discretion of the Town clerk, warrant the waiving of said requirement, the applicant shall arrange for an appointment with the Department of Public Safety for appropriate fingerprinting, and such completed fingerprint card shall thereafter be forwarded to the New York State Division of Criminal Justice Services (DCJS) for a full search.  In connection with such fingerprinting requirement:

 

(a)  The application shall be accompanied by an appropriate fee, the amount and payment   instrument to be determined by the Town Clerk, pursuant to the requirements of, and payable to, the New York State Division of Criminal Justice Services, which amount shall be in addition to the processing fees stated herein, for such investigation of the applicant as is deemed necessary or advisable for the protection of the public good and welfare. 

 

(b)  The New York State Division of Criminal Justice Services will return such criminal history record information as may exist in its files or a statement that no such relevant information exists, such record to be filed with the Town Clerk.  The Town Clerk shall review any information disseminated by the Division of Criminal Justice Services.

 

(c)  The Town Clerk may waive the requirement for new fingerprints for each renewal period, unless the license issued under the provisions of this chapter has lapsed for a period of time in excess of one (1) year.

 

B.C.              The Town Clerk shall refer the application to the Department of Public Safety, excluding any fingerprint information, for review with regard to the fitness or desirability of the applicant.   The Town Clerk shall not forward any criminal history record information to the Department of Public Safety.

 

§ 254-11.  Exemptions. 

 

A.              The provisions of § 254-6A and B of this chapter shall not apply to any honorably discharged veteran of the Armed Services of the United States who has obtained a veteran's license from the Suffolk County Clerk to hawk, peddle, vend or solicit trade in pursuance of law. Where a duly licensed veteran uses a vehicle in his trade, one such vehicle shall be included without fee in the cost of the peddler's license issued to such veteran. Each additional vehicle used by such veteran must be licensed pursuant to this section, and no exemption shall apply with respect to the additional vehicle license fee provided in § 254-6B of this chapter. Where a peddler's license or vehicle license is issued to a licensed veteran, the Town Clerk shall issue a licensed vehicle license card similar to that prescribed in §§ 254-6D and 254-7 with the addition of the word "veteran" on the license or decal. A vehicle license decal will and shall be issued only if the vehicle is registered in the name of and operated by the veteran. 

 

B.              The following shall be exempt from the provisions of this chapter: 

 

(1)              Charitable or other tax exempt organizations or persons in accordance

with the provisions of § 401 of the Internal Revenue Code and/or § 1116

of the New York State Tax Law.  All such organizations shall first register

with the Town Clerk prior to conducting any peddling activities within the

Town of Southampton.

 

(2)              Persons engaged in the distribution of a newspaper published at stated

intervals for the purpose of conveying news to its subscribers, buyers or

readers. 

 

(3)              Any person who keeps, maintains or operates a store, market, shop or

similar permanent place of business and who operates, runs or uses a cart,

wagon, truck or other vehicle for the purpose of making delivery of goods,

wares, merchandise or provisions bought or ordered at such place of

business or any person solely engaged in the business of delivering such

goods, wares, merchandise or provisions for or on behalf of one or more

such permanent place of business. 

 

(4)              Persons maintaining a regular scheduled delivery route for the delivery of

goods which had been previously ordered. 

 

(5)              Persons peddling meats, fish, fruit and farm produce, raised or produced

by them.   

 

C.              The exemptions provided herein shall not be construed as an exemption from any

state law which regulates the activities enumerated in this section.   

 

 

 

 

 

 

 

 

 

SECTION 3.  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 4.  Effective Date.

 

              This local law shall take effect upon filing with the Secretary of State pursuant to the Municipal Home Rule Law or June 1, 2005, which first occurs.

 

 

 

27. RES-2005-656 : Rivercatwalk PDD Zone Change Petition Deem Draft Environmental Impact Statement (DEIS) Adequate for Public Review

WHEREAS, on May 2, 2001, the Town Board of the Town of Southampton received a Petition for a CHANGE OF ZONE to a ‘MIXED-USE AND MARITIME PDD’ for the RIVERCATWALK development proposal; and 

 

WHEREAS, the development concept involves the construction of a four-story 83,441 sq. ft. waterfront hotel with catering and conference facilities (to include accessory recreational amenities such as an inground pool, mini-golf/playground area and waterfront access points /canoe launch), four (4) two-story (40-unit) extended-stay cottages (three 7,290 sq. ft. and one 3,372 sq. ft.), and a 16,000 sq. ft. restaurant/office/retail building; and

 

WHEREAS, the 19.825 acre subject property is located between Flanders Road and the Peconic River, approximately 450 ft east of the traffic circle forming the intersection of Flanders Road, Riverleigh Avenue, Peconic Avenue and Riverhead Moriches Road, within the existing Resort Waterfront Business (RWB) Zoning District, Highway Business Zoning District and R-80 Residence, in Southampton and is identified as Suffolk County Tax Map Parcels 900-118-02-9, 13-16, 18, 20.1, 25 and 900-118.1-1-2; and

 

WHEREAS, on November 27, 2001, by Resolution No.1631, the Town Board of the Town of Southampton assumed lead agency and issued a POSITIVE DECLARATION, thus requiring the preparation of an Environmental Impact Statement (EIS) to address the overall project impacts identified in said positive declaration as well as those in the accompanying Planning Board referral report; and

 

WHEREAS, on March 22, 2005, the Town Clerk received a second Draft Environmental Impact Statement (DEIS) from the project sponsor; and

 

WHEREAS, the revisions are based on the Department of Land Management’s review of the June 25, 2004 submission and comments outlined in a memorandum to the Town Board dated August 5, 2004; and

 

WHEREAS, pursuant 6 NYCRR § 617.9, the lead agency must determine whether to accept the draft EIS as adequate with respect to its scope and content for the purpose of commencing public review; and

 

 

 

WHEREAS, the Division of Land Management Staff reviewed the revised DEIS for completeness of content and has determined that the document contains the minimum submission requirements for the purpose of conducting the SEQRA review and is adequate for public review and comment; and

 

WHEREAS, the following are determined to be involved agencies:

 

1.              Town of Southampton Town Board 

2.              Town of Southampton Town Planning Board 

3.              Southampton Town Conservation Board

4.              New York State Department of Environmental Conservation

5.              New York State Department of State (NYSDOS)

6.              US Army Corps of Engineers

7.              Suffolk County Department of Health

8.              Suffolk County Planning Commission

9.              New York State Dept. of Transportation (NYSDOT)

 

WHEREAS, the following are determined to be interested agencies:

 

1.              NYS Dept. Parks, Recreation & Historic Preservation

2.              Flanders Fire District and Riverhead Fire District

3.              Southampton Town Fire Marshal

4.              Southampton Town Highway Department

5.              Southampton Town Engineer

6.              Southampton Town Architectural Review Board

7.              Southampton Town Building Division

8.              Suffolk County Water Authority

9.              Riverside Flanders Citizens Advisory Committee

10.              Peconic Estuary Program (Suffolk County Department of Health)

11.              Town of Riverhead

12. Flanders Volunteer Ambulance

 

 

                           

THEREFORE BE IT RESOLVED, that the Town Board of the Town of Southampton hereby deems the scope and content of the Draft Environmental Impact Statement (DEIS) submitted for RIVERCATWALK to be adequate for public review; and

 

BE IT FURTHER RESOLVED, that this resolution and DEIS be forwarded to the interested and involved agencies; and

 

BE IT FURTHER RESOLVED, the Town Clerk is hereby directed to prepare and file a Notice of Completion for the subject DEIS as prescribed in SEQRA (6 NYCRR) Section § 617.12.

 

 

 

28. RES-2005-657 : Authorize the Supervisor to Sign a Contract with Cashin Associates, P.C. to Review the Draft and Final Environmental Impact Statement (EIS) for the Rivercatwalk PDD Zone Change Petition

WHEREAS, on May 2, 2001, the Town Board of the Town of Southampton received a Petition for a CHANGE OF ZONE to a ‘MIXED-USE AND MARITIME PDD’ for the RIVERCATWALK development proposal; and 

 

WHEREAS, the development concept involves the construction of a four-story 83,441 sq. ft. waterfront hotel with catering and conference facilities (to include accessory recreational amenities such as an in ground pool, mini-golf/playground area and waterfront access points /canoe launch), four (4) two-story (40-unit) extended-stay cottages (three 7,290 sq. ft. and one 3,372 sq. ft.), and a 16,000 sq. ft. restaurant/office/retail building; and

 

WHEREAS, the 19.825 acre subject property is located between Flanders Road and the Peconic River, approximately 450 ft east of the traffic circle forming the intersection of Flanders Road, Riverleigh Avenue, Peconic Avenue and Riverhead Moriches Road, within the existing Resort Waterfront Business (RWB) Zoning District, Highway Business Zoning District and R-80 Residence, in Southampton and is identified as Suffolk County Tax Map Parcels 900-118-02-9, 13-16, 18, 20.1, 25 and 900-118.1-1-2; and

 

WHEREAS, on November 27, 2001, by Resolution No.1631, the Town Board of the Town of Southampton assumed lead agency and issued a POSITIVE DECLARATION, thus requiring the preparation of an Environmental Impact Statement (EIS) to address the overall project impacts identified in said positive declaration as well as those in the accompanying Planning Board referral report; and

 

WHEREAS, on March 22, 2005, the Department of Land Management received a Draft Environmental Impact Statement (DEIS) from the project sponsor; and

 

WHEREAS, on May 10, 2005, the Town Board of the Town of Southampton adopted a resolution deeming the DEIS adequate for pubic review and to schedule a public hearing for June 28, 2005; and

 

WHEREAS, the Town Planning and Development Administrator has determined it be necessary for the Town to hire an independent consultant to assist in its review of the Final and Draft EIS for the Rivercatwalk PDD Zone Change Petition; and

 

              WHEREAS, Cashin Associates submitted a proposal dated May 2, 2005 in an amount not to exceed $27,000; and

 

              WHEREAS, the Tasks to review the Draft and Final EIS for said project are as follows:

 

·              Comprehensive technical review of the DEIS and support documentation with respect to SEQRA requirements.  CA will provide comments and recommendations that will assist in the proper completion of the SEQRA process;

 

·              Review of the documents with respect to the requirements of project scoping;

 

·              Review of the proposed project to determine the consistency with Town planning initiatives;

 

·              Review of analyses presented in the documents including traffic, land use, etc. to check for accuracy and comprehensiveness.  CA’s work will include a site visit to observe the site and surrounding area.

 

·              Since there are significant wetlands at the site, particular attention will be given to wetland protection and setback requirements;

 

·              Preparation of a detailed report summarizing the findings and recommendations of CA’s technical review.  CA will provide detailed comments with regard to proper fulfillment of SEQRA requirements;

 

·              Participation at public hearings on the project, to the extent desired by the Town.  It is anticipated that CA will actively participate in four public hearings and one work session, and CA will prepare materials for these meetings as appropriate, including handouts, graphics, presentations, as desired by the Town.

 

·              Provide the Town with eight (8) copies, one (1) unbound master and one (1) electronic copy of the document.

 

              BE IT RESOLVED, the source of funding is G/L #22-82-8021-20-6490-0000 (Land Management Consultant Account); and

 

              BE IT RESOLVED, pursuant to #6 NYCRR Part 617 SEQRA Section 617.13(a) the applicant shall reimburse the Town of Southampton for all costs associated with said project; and

 

              BE IT FURTHER RESOLVED, the Town Board of the Town of Southampton authorizes the Supervisor to sign a contract with Cashin Associates, P.C., approved to form by the Town Attorney, to review the Draft and Final EIS for the Rivercatwalk PDD Zone Change Petition.

 

 

 

 

 

29. RES-2005-658 : Release Performance Bond Agreement for Public Improvements In Subdivision Map of Turtle Pond Close, North Sea, and Accept Deed for Road Dedication

 

              RESOLVED, that the Performance Bond Agreement with Turtle Pond Builders, Inc. as “Principal” and two Irrevocable Letters of Credit from the Suffolk County National Bank (LC # 01-0102A for $33,486.00 and LC #  01-0102B for $3,465.00) in the amount of $36,951.00, submitted in connection with the Subdivision Map of Turtle Pond Close, situate at North Sea, be and hereby is RELEASED; and be it further

 

              RESOLVED, that  the deed of dedication offered by Turtle Pond Builders, Inc. of all of Turtle Pond Road, as shown on the Subdivision Map entitled “Map of Turtle Pond Close,” identified as SCTM# 900-45-1-5.19, situate at North Sea, be and hereby is ACCEPTED for highway purposes.  

 

 

 

30. RES-2005-659 : Rescind Resolution 2005-335 and Accept New Performance Bond Agreement for Fair Hills, Bridgehampton

 

              RESOLVED, that Town Board Resolution 2005-335 adopted March 8, 2005 is hereby rescinded and be it further

 

              RESOLVED, that the Performance Bond Agreement with Robert Bear and Peter Schub as " Principals" and the original Irrevocable Letter of Credit from the Suffolk County National Bank (LC# 0040205C), in the increased amount of $72,029.00, submitted to guarantee the completion of revegetation as prepared by R&R Brett Landscaping last revised September 19,2000 and as approved by the Planning Board of the Town of Southampton in connection with the Subdivision Map of Fair Hills, situate at Bridgehampton, be and hereby is RELEASED; and

 

 

BE IT FUTHER RESOLVED, that the Performance Bond Agreement with Robert Bear and Peter Schub as " Principals" and the original Irrevocable Letter of Credit from the Suffolk County National Bank (LC# 050412C), in the increased amount of $72,029.00, submitted to guarantee the completion of revegetation as prepared by R&R Brett Landscaping last revised September 19,2000 and as approved by the Planning Board of the Town of Southampton in connection with the Subdivision Map of Fair Hills, situate at Bridgehampton, be and hereby is ACCEPTED.  Said Performance Bond Agreement shall have an obligation date of  June 30, 2005.

 

 

 

31. RES-2005-660 : Rescind Resolution 2005-338 and Accept New Performance Bond Agreement for Map of Fair Hills, Bridgehampton

 

              RESOLVED, that Resolution 2005-338 adopted March 8, 2005 is rescinded and be it further

 

              RESOLVED, that the Performance Bond Agreement with Robert Bear and Peter Schub as " Principals" and the original Irrevocable Letter of Credit from the Suffolk County National Bank (LC# 0040205B), in the amount of $8,279.00, submitted to guarantee the completion of the required landscape augmentation as shown on the Landscape Augmentation Plan for the Buffer Area as prepared by R&R Brett Landscaping, dated July 27, 2000 in connection with the Subdivision Map of Fair Hills, situate at Bridgehampton, be and hereby is RELEASED; and

 

BE IT FUTHER RESOLVED, that the Performance Bond Agreement with Robert Bear and Peter Schub as " Principals" and the original Irrevocable Letter of Credit from the Suffolk County National Bank (LC# 050412B), in the amount of $8,279.00, submitted to guarantee the completion of the required landscape augmentation as shown on the Landscape Augmentation Plan for the Buffer Area as prepared by R&R Brett Landscaping, dated July 27, 2000 in connection with the Subdivision Map of Fair Hills, situate at Bridgehampton, be and hereby is ACCEPTED.  Said Performance Bond Agreement shall have an obligation date of  June 30, 2005.

 

 

32. RES-2005-661 : Rescind Resolution 2005-508 and Accept New Performance Bond Agreement for Robert Bear and Peter Schub, Bridgehampton

 

              RESOLVED, that Resolution 2005-508 adopted April 12, 2005 is hereby rescinded and be it further

 

RESOLVED, that the Performance Bond Agreement with Robert Bear and Peter Schub as “Principals” and the original Irrevocable Letter of Credit from the Suffolk County National Bank (LC# 040205A), in the amount of $215,600.00, submitted to guarantee the completion of the required public improvements (roads, drainage) in connection with the Subdivision Map of Fair Hills, situate at Bridgehampton, be and hereby is RELEASED; and be it further

 

RESOLVED, that the Performance Bond Agreement with Robert Bear and Peter Schub as “Principals” and the original Irrevocable Letter of Credit from the Suffolk County National Bank (LC# 050412A), in the amount of $165.077.00, submitted to guarantee the completion of the required public improvements (roads, drainage) in connection with the Subdivision Map of Fair Hills, situate at Bridgehampton, be and hereby is ACCEPTED.  Said Performance Bond Agreement shall have an obligation date of June 30, 2005

 

 

 

33. RES-2005-662 : Issue Special Event Permit to Dan's Paper Potato Hampton
Resolved, that a Special Event Permit be and hereby is issued to Dan's Paper for a 10K run on June 4th, 2005 starting at the Presbyterian Church of Bridgehampton.

Resolved, that upon the recommendations of the Southampton Town Police Department the following will apply:
1. Applicant will advise all participants that the Police Department will assist with traffic control at intersections during the event, however, the roadways will remain open to vehicular traffic and all participants must remain to the right side of the roadway and must not run/walk in the travel portion of the roadway.
2. Ocean Road will be closed to all vehicular traffic from Montauk Hwy to Church St for a 30 minute period prior to the start of the event until shortly after the start of the run.
3. Applicant will place signs, which shall be no smaller in size than 3 feet by 3 feet, indicating "Caution Run In Progress Ahead". Signs shall be erected on every street that enters the event area and shall be erected approximately 200 feet prior to the event area.
34. RES-2005-663 : Issue Special Event Permit to the American Heart Association
RESOLVED, that a Special Event Permit be and hereby is issued to the American Heart Association for a Dinner Dance Fundraiser at the Siena Spirituality Center, 615 Montauk Hwy, Water Mill on June 11th, 2005 from 5PM to 11PM.

RESOLVED, that upon the recommendations of the Southampton Town Police Department the following will apply:
1. Valet parking will not be conducted from a public roadway. All valet parking will be conducted from private property to help assure safe and orderly flow of vehicular traffic as well as for the safety of pedestrians.
2. All noise shall remain at a reasonable level so as not to disturb the surrounding neighborhood.
3. Halsey Lane and Proprietors Lane are to be kept free and clear of parked vehicles so as not to impede vehicular or pedestrian traffic.
4. Emergency access to the event location must be maintained at all times.

RESOLVED, that upon the recommendations of the Fire Marshal, the following will apply:
1. Access for emergency apparatus to be maintained.
2. Tent permit(s) required for all structures in excess of 200 square feet.
3. Emergency lights required to illuminate all required exits from the tent.
4. Exit lights required if side walls obstruct free and clear egress.
5. Require fire evacuation plan and fire safety plan in conformity with the Fire Code of the State of New York Section 404.
6. Require employee training plan in conformity with the Fire Code of the State of New York Section 406.
7. Dimensions of the tents have not been provided. Occupant load to be determined prior to occupying tent.
Based upon the application number of 500 persons the minimum number of exits provided shall be four; minimum width of each means of egress shall be 96 inches. (Fire Code of New York Chapter 24, Section 2410)
8. Smoking is not permitted within the tents (Fire Code of New York Chapter 24, Section 2406.5)
9. Portable fire extinguishers required in accordance with the Fire Code of New York Chapter 9, Section 906.
10. Noise from event shall not exceed the parameters defined in the Code of the Town of Southampton Chapter 235 sections 2 and 3.
11. Generators and other internal combustion power sources shall be separated from tents by a minimum of 20 feet and shall be isolated from contact with the public by fencing, enclosure or other approved means. (Fire Code of New York State Chapter 2415)
12. Combustible vegetation shall be removed from the area occupied by the tent and from areas within 30 feet of the tent. (Fire Code of New York State Chapter 2417)
13. Tents where cooking is performed shall be separated from other tents by a minimum of 20 feet. (Fire Code of New York State Chapter 2411)
14. Additional requirements may be addressed during times of high or extreme fire weather.


35. RES-2005-664 : Issue Special Event Permit to the Bridgehampton Chamber Music Festival
RESOLVED, that a Special Event Permit be and hereby is issued to the Bridgehampton Chamber Music Festival for a Concert and Cocktail reception on August 12th, 2005 at Walter Channing, 140 Sea Farm Lane, Bridgehampton.

RESOLVED, that upon the recommendations of the Southampton Town Police Department the following will apply:
1. Emergency access to the event site will be maintained at all times.
2. Al noise shall be kept at a reasonable level so as not to disturb the surrounding neighborhood.

RESOLVED, that upon the recommendations of the Fire Marshal, the following will apply:
1. Access for emergency apparatus to be maintained. Site appears to be on an undeveloped parcel. Access roads shall be capable of handling the weight and width of emergency vehicles.
2. Tent permit(s) required for all structures in excess of 200 square feet.
3. Emergency lights required for the tent for night events.
4. Exit lights required if side walls obstruct free and clear egress.
5. Require fire evacuation plan and fire safety plan in conformity with the Fire Code of the State of New York Section 404.
6. Require employee training plan in conformity with the Fire Code of the State of New York Section 406.
7. Minimum of 3 exits shall be provided; minimum width of each means of egress shall be 72 inches. (Fire Code of NY Chapter 24, Section 2410)
8. Smoking is not permitted within the tents (Fire Code of New York Chap 24, Section 2406.5)
9. Portable fire extinguishers required in accordance with the Fire Code of NY Chap 9, Section 906)
10. Noise from this event shall not exceed the parameters defined in the Code of the Town of Southampton Chapter 235 Sections 2 and 3.
11. Generators and other internal combustion power sources shall be separated from tents by a minimum of 20 feet and shall be isolated from contact with the public by fencing, enclosure or other approved means.
(Fire Code of NYS Chapter 2415)
12. Combustible vegetation shall be removed from the area occupied by the tent and from areas within 30 feet of the tent. (Fire Code of NYS Chap 2417)
13. Tents where cooking is performed shall be separated from other tents by a minimum of 20 feet. Application shows Food & Co. as the caterer. It does not indicate if cooking will be done on site. (Fire Code of NYS Chapter 2411)
14. Additional requirements may be addressed during times of high or extreme fire weather.
36. RES-2005-665 : Issue Special Event Permit to the Bridgehampton Historical Society Antique Show
Resolved, that a Special Event Permit be and hereby is issued to the Bridgehampton Historical Society for an Antique Show on June 4th, 2005.

Resolved, that upon the recommendation of the Southampton Town Police Department, the following will apply:
1. Emergency access to the event location shall be maintained at all times.

Resolved, that upon the recommendations of the Fire Marshal, the following will apply:
1. Access for emergency apparatus to be maintained
2. Tent permit required for all structures in excess of 200 square feet.
3. Exit lights required if side walls obstruct free and clear egress
4. Require fire evacuation plan and fire safety plan in conformity with the Fire Code of the State of NY Section 404.
5. Require employee training plan in conformity with the Fire Code of the State of New York Section 406.
6. Smoking is permitted within the tents (Fire Code of NY Chapter 24, Section 2406.5)
7. Portable fire extinguishers required in accordance with the Fire Code of New York Chap 9, Section 906.
8. Noise from the event shall not exceed the parameters defined in the Code of the Town of Southampton Chapter 235 sections 2 and 3.
9. Combustible vegetation shall be removed from the area occupied by the tent and from areas within 30 feet of the tent. (Fire Code of New York State Chapter 2417)
37. RES-2005-666 : Issue Special Event Permit to the East Quogue Fire Department
Resolved, that a Special Event Permit be and hereby is issued to the East Quogue Fire Department for a Memorial Day Parade on May 29, 2005 from 12:30PM to 2:00PM.

Resolved, that upon the recommendations of the Southampton Town Police Department the following will apply:
1. Montauk Hwy in East Quogue will be closed to non-parade traffic from approx 12:15PM to 1:30PM on Sunday 29, 2005 from Westside Ave to Vail Ave.

38. RES-2005-667 : Issue Special Event Permit to the Elks Lodge
Resolved, that a Special Event Permit be and hereby is issued to the Elks Lodge, 605 County Road 39, Southampton for the Annual Carnival on July 19 to July 24, 2005.

Resolved, that upon the recommendations of the Southampton Town Police Department the following will apply:
1. Applicant will have a clearly marked entrance as well as a clearly marked separate exit. The entrance and exit shall have signs which are erected on post which do not impede drivers visibility upon entering or exiting the grounds.
2. Applicant will have personnel to assist and direct motorist as they enter and exit the event grounds as well as in a safe and orderly parking.
3. The paved portion of the Elks Club should not be coned off to vehicular traffic but remain open as a drop off for pedestrians.
4. Emergency access to all areas of the event shall be maintained at all times.

Resolved, that upon the recommendations of the Fire Marshal, the following will apply:
1. Fire extinguishers (minimum of 3A40BC rating) are required every 75 uninterrupted feet throughout the event. They are required at all cooking areas. Portable fire extinguishers required in accordance with the Fire Code of New York Chap 9, Section 906.
2. All electrical wiring shall be in compliance with the Electrical Code and Fire Code of New York State.
3. Certificates of flame spread rating required for all canopies in excess of 200 square feet.
4. Tent permits are required if any tents in excess of 200 square feet are erected.
5. Emergency lights, exit lights and sprinkler systems present for attractions such as, but not limited to, fun houses shall be operational before being open to the general public.
6. Employees shall be trained in accordance with Section 406 of the Fire Code of New York State, including fire prevention, evacuation and fire safety training.
7. Access for emergency apparatus shall be maintained at all times.
8. Noise from the event shall not exceed the parameters defined in the Code of the Town of Southampton Chapter 235 Section 2 and 3.
9. Additional requirements may be addressed during times of high or extreme fire weather.
39. RES-2005-668 : Issue Special Event Permit to the Greek Orthodox Church
Resolved, that a Special Event Permit be and hereby is issued to the Greek Orthodox Church for the Annual Festival at the Elks Lodge, County Road 39, Southampton on July 14th to 17th, 2005.

Resolved, that upon the recommendations of the Southampton Town Police Department the following will apply:
1. Applicant will have a clearly marked entrance and exit to the event location. The entrance and exit will have signs, which are to be erected on post, which do not impede driver's visibility upon entering or exiting the grounds. These lanes will also be clearly marked as motorist leave the parking area.
2. Applicant must have personnel to assist and direct motorist as they enter and exit the event grounds as well as in safe and orderly parking.
3. The paved portion of the Elks Club should not be coned off to vehicular traffic but remain open as a drop off for pedestrians.
4. Emergency access to all areas of the event shall be maintained at all times.

Resolved, that upon the recommendations of the Fire Marshal, the following will apply:
1. Parking not to obstruct access for emergency apparatus.
2. It is strongly recommended that two separate and well constructed areas be designed to facilitate traffic flow and lessen the impact on traffic on CR 39. It is further recommended that exiting traffic be limited to right hand turns.
3. Tent permits required for all tents in excess of 400 square feet.
4. Emergency lights required to illuminate all exit passageways from the tent.
5. Exit lights required if side walls obstruct free and clear egress.
6. The maximum occupancy of the 40' by 100' tent used for tables and chairs is restricted to 267 people. The maximum occupancy for the serving tent would be dependent on the configuration of tables and cannot be calculated at this time.
7. Require fire evacuation plan and fire safety plan in conformity with the Fire Code of the State of New York Section 404.
8. Require employee training plan in conformity with the Fire Code of the State of New York Section 406.
9. A minimum of 3 exits each a minimum of 72 inches is required for an occupant load of 200-499. (Fire Code Chapter 24, Section 2410.)
10. Smoking is not permitted within the tents (Fire code of New York Chapter 24, Section 2406.5).
11. Portable fire extinguishers required in accordance with the Fire Code of New York Chapter 9, Sec 906.
12. Liquid propane gas containers shall be located outside. Containers holding 500 gallons or less shall have a minimum separation between the tent and container of not less than 10 feet. For containers holding more than 500 gallons the separation shall be a minimum of 25 feet. Safety release valves shall be pointed away from the tent. All tanks shall be protected to prevent tampering, damage by vehicles or other hazards and shall be in an approved location. Portable LPG containers shall be securely fastened in place to prevent unauthorized movement. Fire Code of New York Chapter 24, Section 2412.
13. Generators shall be separated from tents by a minimum of twenty feet. Fire Code of New York Chap 24, Section 2415.
14. The floor surfaces inside the tents and the grounds outside and within a thirty-foot perimeter shall be kept clear of combustible waste. Such waste shall be stored in approved containers until removed from premise. Fire Code of New York Chapter 24, Section 2417.
15. Combustible vegetation shall be removed from the area occupied by the tent and from areas within thirty feet. Fire Code of New York Chapter 24, Section 2417.
16. Noise from the event shall not exceed the parameters defined in the code of the Town of Southampton Chapter 235 sections 2 &3.


40. RES-2005-669 : Issue Special Event Permit to the Hampton Bays Beautification Association
Resolved, that a Special Event Permit be and hereby is issued to the Hampton Bays Beautification Association for the annual Concert Under the Stars at Ponquogue Beach Pavilion on August 6th, 2005 from 4PM to 10PM.

41. RES-2005-670 : Issue Special Event Permit to the Music Festival of the Hamptons
Resolved, that a Special Event Permit be and hereby is issued to the Music Festival of the Hamptons for Concerts on the following days July 8, 9, 10, 12, 13, 14, 15, 16, 17, 18, 23 and 24, 2005 located at the Morris Center School, 739 Butter Lane, Bridgehampton.

Resolved, that the Board acknowledges the residential setting of this venue is not appropriate for such events and is issuing this Special Event Permit is making a special exception. This approval is also conditioned upon the express assurance that the applicant will not sponsor this event at the same venue in the future.

Resolved, that upon the recommendations of the Southampton Town Police Department the following will apply:
1. Butter Lane shall be kept free and clear of parked vehicles so as not to impede the flow of vehicular and pedestrian traffic.
2. Noise shall be kept at a minimum so as not to disturb the surrounding neighborhood.
3. Emergency access shall be maintained at all times.

Resolved, that upon the recommendations of the Fire Marshal, the following will apply:
1. Access for emergency apparatus to be maintained
2. Tent permit(s) required for all structures in excess of 200 square feet.
3. Emergency lights required for the tent for night events.
4. Exit lights required if side walls obstruct free and clear egress
5. Require fire evacuation plan and fire safety plan in conformity with the Fire Code of the State of New York Section 404.
6. Require employee training plan in conformity with the Fire Code of the State of New York Section 406.
7. Minimum of 3 exit shall be provided; minimum width of each means of egress shall be 72 inches. (Fire Code of New York Chapter 24, Section 2410)
8. Smoking is not permitted within the tents (Fire Code of New York Chapter 24, Section 2406.5)
9. Portable fire extinguishers required in accordance with the Fire Code of New York Chapter 9, Section 906.
10. Noise from event shall not exceed the parameters defined in the Code of the Town of Southampton Chapter 235 Sections 2 and 3.
11. Generators and other internal combustion power sources shall be separated from tents by a minimum of 20 feet and shall be isolated from contact with the public by fencing, enclosure or other approved means.(Fire Code of New York State Chapter 2415.)
12. Combustible vegetation shall be removed from the area occupied by the tent and from areas within 30 feet of the tent. (Fire Code of New York State Chapter 2417)
13. Tents where cooking is performed shall be separated from other tents by a minimum of 20 feet. (Fire Code of New York State Chapter 2411)
14. Additional requirements may be addressed during times of high or extreme fire weather.

42. RES-2005-671 : Issue Special Event Permit to the South Fork Craftsmen's Guild
Resolved, that a Special Event Permit be and hereby is issued to the South Fork Craftsmen's Guild for a Fine Arts and Craft Fair on June 18th & 19th, 2005 at the Bridgehampton Historical Society, Montauk Hwy, Bridgehampton.

Resolved, that upon the recommendations of the Southampton Town Police Department and the Fire Marshal, the following will apply:
1. Emergency access must be maintained at all times.

43. RES-2005-672 : Issue Special Event Permit to the South Fork Natural History Museum
Resolved, that a Special Event Permit be and hereby is issued to the South Fork Natural History Museum for a Fundraiser Dinner Dance on June 18, 2005 from 3PM to Midnight at the South Fork Natural History Society, 377 Bridgehampton SagHarbor Tpke, Bridgehampton.

Resolved, that upon the recommendations of the Southampton Town Police Department the following will apply:

1. Valet parking will be conducted from private property and not from a public roadway.
2. All noise should be kept at a reasonable level so as not to disturb the neighborhood.
3. Emergency access must be maintained at all times.

Resolved, that upon the recommendations of the Fire Marshal, the following will apply:

1. Tent permits are required for all tents in excess of 200 square feet.
2. Require emergency lighting for all tents.
3. Maximum occupancy of 40' by 20' tent not to exceed 114 people when used a standing space without tables. Application indicates that the anticipated total number of participants is 200 people. A mechanism must be in place to prevent overcrowding or there must be a larger "Cocktail" tent.
4. Maximum occupancy of 100' by 40' dinner tent, when set up with tables and chairs, shall not exceed 266 people.
5. Require exit lights, if side walls or obstructions to egress exist.
6. Minimums of two exits with a minimum width of 72 inches are required if the occupant load is 10 to 199 people. A minimum of three exits with a minimum width of 72 inches are required if the occupant load is 200 to 499 people.
7. Smoking is not permitted within the tents (Fire Code of New York Chapter 24, Section 2406.5.
8. Portable fire extinguishers required in accordance with the Fire Code of New York Chapter 9, Section 906.
9. Require fire evacuation plan and fire safety plan in conformity with the Fire Code of the State of New York Section 404.
10 Require employee training plan in conformity with the Fire Code of the State of New York Section 406.
11. Access for emergency apparatus to be maintained.
12. Noise from the event shall not exceed the parameters defined in the Code of the Town of Southampton, Chapter 235 sections 2 and 3.,
44. RES-2005-673 : Issue Special Event Permit to the Southampton Fresh Air Home
Resolved, that a Special Event Permit be and hereby is issued to the Southampton Fresh Air Home for a Fundraiser, Cocktail Party on June 4th & 5th , 2005 at 36 Barkers Island Road, Southampton.

Resolved, that upon the recommendations of the Southampton Town Police Department the following will apply:
1. Barkers Island Road shall remain free and clear of parked vehicles so as not to impede the safe and orderly flow of pedestrian traffic.
2. Valet parking shall not be conducted from a public roadway.
3. All noise should be kept at a reasonable level so as not to disturb the surrounding neighborhood.
4. Emergency access to be maintained at all times.

Resolved, that upon the recommendations of the Fire Marshal, the following will apply:
1. Parking shall not obstruct access for emergency apparatus.
2. Tent permit(s) required for any tent in excess of 200 square feet.
3. Emergency lights required for the tents for night events.
4. Exit lights required if side walls obstruct free and clear egress.
5. Occupancy of tents to be determined.
6. Require fire evacuation plan and fire safety plan in conformity with the Fire Code of the State of New York Section 404.
7. Require employee training plan in conformity with the Fire Code of the State of New York Section 406.
8. Minimum of exits shall be in conformity with the Fire Code of New York Chapter 24, Section 2410. If occupant load is 415 as indicated, a minimum of four exits are required. The minimum width for each exit shall be 96 inches.
9. Smoking is not permitted within the tents (Fire Code of New York Chapter 24, Section 2406.5)
10. Portable fire extinguishers required in accordance with the Fire Code of New York Chapter 9, Section 906). Drawing as submitted indicates the location of fire extinguishers within the existing buildings. Fire extinguishers are required in all assembly and cooking areas.
11. Noise from the event shall not exceed the parameters defined in the Code of the Town of Southampton Chapter 235 sections 2 and 3.
45. RES-2005-674 : Issue Special Event Permit to the Southampton Youth Services
Resolved, that a Special Event Permit be and hereby is issued to the Southampton Youth Services for the Hamptons Home and Garden Show on June 24,25 & 26, 2005 at SYS 1370A Majors Path, Southampton.

Resolved, that upon the recommendations of the Southampton Town Police Department the following will apply:
1. Emergency access to the event location must be maintained at all times.
2. No Parking shall be allowed on Majors Path for a distance of no less than one-half mile from the entrance of the event site in both directions.

Resolved, that upon the recommendation of the Fire Marshal, the following will apply:
1. Parallel park, if necessary, along one side of the entrance roadway, would be permitted under this special event application only.
46. RES-2005-675 : Issue Special Event Permit to the WLIU Radio of Long Island University
Resolved, that a Special Event Permit be and hereby is issue to the WLIU Radio of Long Island University for a Jazz Benefit on July 15, 2005 from 6:30PM to 9:30PM.

Resolved, that upon the recommendations of the Southampton Town Police Department, the following will apply:
1. Emergency access to the event location is to be maintained at all times.
2. All noise shall be maintained at a reasonable level so as not to disturb the surrounding neighborhood.

Resolved, that upon the recommendations of the Fire Marshal, the following will apply:
1. Access for emergency apparatus to be maintained.
2. Tent permit(s) required for all structures in excess of 200 square feet.
3. Emergency lights required for all tents with public assembly
4. Exit lights required if side walls obstruct free and clear egress.
5. Require fire evacuation plan and fire safety plan in conformity with the Fire Code of the State of New York Section 404.
6. Require employee training plan in conformity with the Fire Code of the State of New York Section 406.
7. Occupant load for 30' x 45' tent limited to 90 people with tables and chairs; 193 for standing. Occupant load for 60' x 120' tent limited to 435 people with tables and chairs.
8. For tents with an occupant load of 10 to 199 a minimum of 2 exits shall be provided; minimum width of each means of egress shall be 72 inches. for tents with an occupant load of 200 to 499 a minimum of 3 exits shall be provided; minimum width of each means of egress shall be 72 inches. (Fire Code of New York Chapter 24, Section 2410)
9. Smoking is not permitted within the tents (Fire Code of New York Chapter 24, Section 2406.5.
10. Portable fire extinguishers required in accordance with the Fire Code of New York Chapter 9, Section 906.
11. Noise from event shall not exceed the parameters defined in the Code of the Town of Southampton Chapter 235 Sections 2 & 3.
12. Combustible vegetation shall be removed from the area occupied by the tent and from areas within 30 feet of the tent. (Fire Code of New York State Chapter 2417)
13. Cooking not permitted under the assembly area tent; cooking tents shall be a minimum of twenty feet from the assembly area tent (Fire Code of the State of New York Chapter 24, Section 2411)
47. RES-2005-676 : Accept Resignation of Town Parks Director Curtiss Schaefer
Resolved, the Town Board hereby accepts the resignation of Town Parks Director Curtiss Schaefer effective April 30, 2005.
48. RES-2005-677 : Create Building & Zoning Inspector Position In Department of Land Management and Appoint Mark Viseckas to Position
Resolved, the position of Building & Zoning Inspector be and hereby is created in the Department of Land Management Building Division, 40 hours, grade I, effective May 13, 2005; and be it further

Resolved, based on the recommendation of the Chief Building Inspector, Mark Viseckas be and hereby is appointed from the Suffolk County Department of Civil Service Certification of Eligibles No. 05A-159 to the position of Building & Zoning Inspector, 40 hours, grade I, effective May 13, 2005; and be it further

Resolved, the Comptroller is directed to prepare the budget transfer resolution to provide funding for the increase; and be it further

Resolved, this position will be funded through the Department of Land Management Land Use Enterprise Fund
22-82-8029-20-6100-0000.

49. RES-2005-678 : Create Building & Zoning Inspector Position In Department of Land Management Building Division and Appoint Dennis O'Rourke to Position
Resolved, the position of Building & Zoning Inspector be and hereby is created in the Department of Land Management Building Division, 40 hours, grade I, effective May 13, 2005; and be it further

Resolved, based on the recommendation of the Chief Building Inspector, Dennis O?Rourke be and hereby is appointed from the Suffolk County Department of Civil Service Certification of Eligibles No. 05A-159 to the position of Building & Zoning Inspector, 40 hours, grade I, effective May 13, 2005; and be it further

Resolved, the Comptroller is directed to prepare the budget transfer resolution to provide funding for the increase; and be it further

Resolved, this position will be funded through the Department of Land Management Land Use Enterprise Fund
22-82-8029-20-6100-0000.


50. RES-2005-679 : Create Maintenance Mechanic I Position In Hampton Bays Water District and Appoint Kevin Sickler to Position
Whereas, the 2005 Adopted Budget provided funding for an additional Maintenance Mechanic I position; be it

Resolved, the position of Maintenance Mechanic I be and hereby is created in the Hampton Bays Water District, 40 hours, grade C, effective May 11, 2005; and be it further

Resolved, based on the recommendation of the Water District Financial Officer and the Chief Water Treatment Plant Operator, Kevin Sickler be and hereby is appointed to the Maintenance Mechanic I position in the Hampton Bays Water District, 40 hours, grade C, effective May 11, 2005; and be it further

Resolved, this position will be funded through the Hampton Bays Water District Salaries Account 62-30-8320-20-6100-0000.
51. RES-2005-680 : PERMA Conference
RESOLVED, based on the recommendation of the Public Safety Administrator/Chief Fire Marshal Cheryl Kraft the Town Board authorizes Public Safety Administrator Cheryl Kraft and Safety Officer Craig Zitek to attend the PERMA Conference at the Sagamore Hotel and Resort at Bolton Landing in Lake George, New York on May 18th through 20th, 2005 for a two (2) day annual conference. There is no cost to the town for the conference, but a Town vehicle is to be used for transportation. Reimbursement for travel not to exceed $150.00; and be it further

RESOLVED, this will be funded through the Department of Public Safety Fire Prevention Travel Account 01-20-3410-20-6416-0000.
52. RES-2005-681 : Notice of Public Hearing to Amend Chapter 330 (Zoning) Regarding Definitions

 

RESOLVED, that the Town Board of the Town of Southampton directs the Town Clerk to forward the proposed local law to the Southampton Town Planning Board and 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

 

TAKE NOTICE that a public hearing will be held by the Town Board of the Town of Southampton on June 14, 2005 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 amending Chapter 330 (Zoning) of the Southampton Town Code to update §330-5 by adding new definitions, as well as eliminating and amending existing ones.”

 

Copies of the proposed local law, sponsored by Supervisor Patrick A. Heaney, are on file in the Office of the Town Clerk, Monday through Friday, from 8:30 a.m. to 4:00 p.m.

 

                                                        BY ORDER OF THE TOWN BOARD 

                                                        TOWN OF SOUTHAMPTON, NEW YORK

                                                        MARIETTA M. SEAMAN, TOWN CLERK

 

A LOCAL LAW amending Chapter 330 (Zoning) of the Code of the Town of Southampton.

 

BE IT ENACTED by the Town Board of the Town of Southampton as follows:

 

SECTION 1.  LEGISLATIVE INTENT.

 

The purpose of this local law is to add new definitions, as well as eliminate and amend existing definitions to, in pertinent part, maintain consistency with the New York State Building Code.

 

SECTION 2.  Section 330-5 (Definitions) of the Town Code of the Town of Southampton is hereby amended by striking through deleted words and underlining added words in alphabetical order as follows:

 

§330-5.  Definitions.

 

As used in this chapter, the following terms shall have the meanings indicated:

 

ACCESSORY USE, BUILDING OR STRUCTURE-A subordinate use, building or structure customarily incidental to and located on the same lot occupied by the main use, building or structure.  The term “accessory building” may include a private garage, shed, playhouse, swimming pool and private greenhouse.  The term “accessory building” shall not include any building with sleeping and/or cooking facilities or used for sleeping and/or cooking purposes, except for farm employees living on a farm owned or leased by their employer, an accessory apartment or a bed-and-breakfast as defined by this chapter.  [Amended 9-11-1984 by L.L. No. 15-1984; 10-23-1984 by L.L. No. 19-1984; 4-23-2002 by L.L. No. 7-2002]

 

BASEMENT-That space of a building that is partly below grade which has more than half of its height, measured from floor to ceiling, above the average curb level or finished grade of the ground adjoining the building.  That portion of a building that is partly or completely below grade.

 

CELLAR-A story partly underground and having ½ or more of its clear height below finished grade.  A cellar shall not be counted as a story in determining the building height.

 

DWELLING-A building designed exclusively for residential purposes and arranged or intended to be occupied by one or more families living independently of each other.  Any building that contains one or more dwelling units used, intended, or designed to be built, used, rented, leased, let or hired out to be occupied, or that are occupied for living purposes.

 

FREEBOARD-A term used in flood plain regulations that gives an extra margin of flood protection elevation above the established base flood elevation for any given location in the floor plain.

 

HABITABLE LIVING SPACE-As defined in the Uniform Building Code, habitable space is a space in a structure for living, sleeping, eating or cooking.  Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas, are not considered “habitable living space.”  [added 12-23-2002 by L.L. No. 54-2002]  A space in a building for living, sleeping, eating or cooking.   Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable space.

 

HEIGHT OF STRUCTURE OR BUILDING [Amended 5-13-1986 by L.L. No. 7-1986]  

 

A.              For buildings and structures in any A, B or V AE or VE Zone as shown on the applicable Flood Insurance Rate Map (FIRM) prepared by the Federal Emergency Management Agency for the Town of Southampton, the vertical distance measured from the base elevation at and along the side of the building or structure fronting on the nearest street to the highest point of the highest roof or, in the case of a structure, to the highest point.  

 

B.              In all other cases, the vertical distance measured from the average elevation of the existing natural grade (before any fill has been or is proposed to be placed thereon) as established on a plan prepared by a licensed professional surveyor, at and along the side of the building or structure fronting on the nearest street to the highest point of the highest roof or, in the case of a structure, to the highest point.    

 

MEZZANINE, LOFT-An intermediate level or levels between the floor and ceiling of

any story with an aggregate floor area of not more than one-third of the area of the room

or space in which the level or levels are located.

 

POOL HOUSE/CABANA-Any shelter constructed as an accessory to a private body of

water or receptacle for water used or intended to be used for swimming or bathing, provided that said shelter is not designed, equipped or used for cooking or sleeping purposes.  [Added 12-27-1998 by L.L. No. 28 1988]

 

SPORTS COURT-Unroofed playing surfaces not exceeding 7,200 square feet and unroofed swimming pools.

 

STORY-That portion of a building which is between one floor level and the next higher

floor level or the roof.  If a mezzanine floor area exceeds 1/3 of the area of the floor room

or space immediately below, it shall be deemed a story.   A basement shall be deemed to

be a story when the finish floor immediately above is seven six feet or more above the

average elevation of the finished grade.  A cellar shall not be deemed to be a story.  An

attic shall be deemed to be a story where it meets the requirements for habitable space.

 

YARD, REQUIRED-That yard as required in §§330-11, 330-34, 330-38, as allowed

in §330-11(5)(D), or as may be legally existing non-conforming.

 

SECTION 3.  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 4.  Effective Date.

 

              This local law shall take effect upon filing with the Secretary of State pursuant to the Municipal Home Rule Law.

 

 

53. RES-2005-682 : Notice of Public Hearing on the Adoption of "The Town of Southampton Community Preservation Project Plan 2005"

WHEREAS, New York State Town Law Section 64-e, entitled “Peconic Bay Region Community Preservation Fund,” establishes a revenue stream generated by a selective 2% real estate transfer tax for the five East-end Towns.  The purpose of this tax is to provide for the protection and preservation of open space, significant natural areas, and historic places and the provision of park and recreation opportunities to assure what is collectively called community character; and 

 

WHEREAS, this purpose is met with the adoption and implementation of a Community Preservation Project Plan as is required by Section 64-e of the New York State Town Law and Article I of Chapter 140, Community Preservation Fund, of the Southampton Town Code.  The Project Plan serves several functions in carrying out the goals of the Community Preservation Fund, most important of which is the listing of projects and parcels for which the Fund can be used.  More specifically, the Project Plan as mandated by the enabling legislation of the state legislature, must satisfy the following conditions; and

 

1.              The Project Plan shall list every project, which the Town plans to undertake pursuant to the Community Preservation Fund.

2.              The Project Plan shall include every parcel, which is necessary to be acquired in the Town in order to protect community character.

3.              The Project Plan shall provide for a detailed evaluation of all available land use alternatives to protect community character, including but not limited to:

a.              Fee simple acquisition

b.              Zoning regulations, including density reduction, cluster development, and site plan and design requirements

c.              Transfer of Development Rights

d.              Purchase of Development Rights, and

e.              Scenic and Conservation Easements

4.              The Project Plan shall establish the priorities for preservation, and shall include the preservation of Farmland as its highest priority.

 

WHEREAS, the Town of Southampton's original Project Plan, entitled "Town of Southampton Community Preservation Project Plan 1998-2001" was adopted by the Town Board on August 25, 1998 and updated by the Community Preservation Project Plan 2001-2003 on October 19, 2001.  This Project Plan consists of eight (8) Target Areas and identifies some 28,668 acres in the Town of Southampton as the highest priority for preservation.  To date, over 137 parcels have been preserved totaling some 2,030 acres of land with an additional 250 acres pending contract; and

 

WHEREAS, the Project Plan, as adopted by the Town Board, can be updated "not less than five years, but in no event until three years after the adoption of the original plan," as permitted by statute; and

 

WHEREAS, under the direction of the Community Preservation Department, with the assistance from the Town of Southampton Department of Land Management, the Nature Conservancy and the Peconic Land Trust, an update, entitled "Town of Southampton Community Preservation Project Plan 2005", has been prepared.             

 

              NOW, THEREFORE, BE IT RESOLVED, the Town Clerk is 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 Tuesday, June 14, 2005, at 1 p.m. at the Town Hall, 116 Hampton Road, Southampton, New York to consider the adoption of the Community Preservation Project Plan 2005, entitled "Town of Southampton Community Preservation Project Plan 2005," as permitted by Section 64-e of the New York State Town Law and Article I of Chapter 140, Community Preservation Fund, of the Southampton Town Code.               

 

                            BY ORDER OF THE TOWN BOARD             

                            TOWN OF SOUTHAMPTON, NEW YORK

                            MARIETTA M. SEAMAN, TOWN CLERK

 

54. RES-2005-683 : Notice of Public Hearing on the Donation of Lands of Roem, Westhampton

WHEREAS, the Town Board of the Town of Southampton has adopted the "Town of Southampton Community Preservation Project Plan 2001-2003" (the "Plan") that identifies target areas and properties for acquisition for park, recreation, open space and conservation purposes; and

 

WHEREAS, the Plan identifies this parcel of land within the Central Pine Barrens Core Target Preservation Area of approximately .10 acres total owned by Lorenz Roem, located in the hamlet of Westhampton, shown as SCTM #900-242-4-30 for open space preservation and conservation purposes; and

WHEREAS, Lorenz Roem wishes to donate this property to the Town of Southampton for open space and conservation purposes; and

WHEREAS, pursuant to §140-5A of the Town Code and §247 of the General Municipal Law, a public hearing must be held before the Town of Southampton may acquire an interest in said property.

NOW, THEREFORE, BE IT RESOLVED, that the Town Clerk is 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 Tuesday, June 14, 2005 at 1:00 p.m. at Town Hall, 116 Hampton Road, Southampton, New York to consider the donation offered by Lorenz Roem of certain real property, located within the Central Pine Barrens Core Target Preservation Area of the "Town of Southampton Community Preservation Project Plan 2001-2003", located in the hamlet of Westhampton, New York, shown as SCTM #900-242-4-30, pursuant to the provisions of Chapter 140 of the Town Code and §247 of the General Municipal Law of the State of New York.

 

                            BY ORDER OF THE TOWN BOARD

TOWN OF SOUTHAMPTON, NEW YORK

MARIETTA M. SEAMAN, TOWN CLERK

 

 

 

 

55. RES-2005-684 : Notice of Public Hearing to Amend Chapter 164 (Fire Prevention)

 

RESOLVED, that the Town Clerk is hereby authorized to publish the following Notice of Public Hearing:

 

NOTICE OF PUBLIC HEARING

 

TAKE NOTICE that a public hearing will be held by the Town Board of the Town of Southampton on June 14, 2005 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 amending Chapter 164 (Fire Prevention) of the Southampton Town Code to eliminate provisions already covered and addressed in the New York State Building Code.”

 

Copies of the proposed local law, sponsored by Supervisor Patrick A. Heaney, are on file in the Office of the Town Clerk, Monday through Friday, from 8:30 a.m. to 4:00 p.m.

 

                                                        BY ORDER OF THE TOWN BOARD 

                                                        TOWN OF SOUTHAMPTON, NEW YORK

                                                        MARIETTA M. SEAMAN, TOWN CLERK

 

A LOCAL LAW amending Chapter 164 (Fire Prevention) of the Code of the Town of Southampton.

 

BE IT ENACTED by the Town Board of the Town of Southampton as follows:

 

SECTION 1.  LEGISLATIVE INTENT.

 

The purpose of this local law is to eliminate provision “A” in §164-9 since it is already covered and addressed in the New York State Building Code.

 

SECTION 2.  Section 164-9 (Smoke detectors required) of the Town Code of the Town of Southampton is hereby amended by striking through deleted words and underlining added words as follows:

 

§ 164-9.  Smoke detectors required.  [Amended 7-1-1994 by L.L. No. 30-1994; 3-25-2003 by L.L. No. 31-2003] 

 

A.              One- or two-family residences. In any one- or two-family residence, there shall be installed at least one smoke detector on or near the ceiling adjacent to sleeping spaces on each floor level of the building. In addition, wherever building additions are proposed or alterations to the interior of existing buildings which require permits are proposed to a one- or two-family residence, such devices shall be required to be directly connected to the lighting circuit of the dwelling unit or sleeping room, with no intervening wall switch, and to have a battery backup.

 

B.A.              Other occupied buildings. In any occupied building other than a one- or two-family residence, there shall be installed at least one smoke detector on or near the ceiling in each sleeping room or within dwelling units adjacent to sleeping spaces. Further, there shall be installed at least one smoke detector on or near the ceiling in all common interior halls, corridors or stairways on each floor. Such devices shall be wired to the building's electrical system. 

 

C.B.              Smoke detectors are to be installed and maintained in conformance with § R317 of the Residential Code of New York State, Section B907.2.10.1.2 of the Building Code of New York State and F704 of the Property Maintenance Code of New York State.   

 

SECTION 3.  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 4.  Effective Date.

 

              This local law shall take effect upon filing with the Secretary of State pursuant to the Municipal Home Rule Law.

 

 

56. RES-2005-685 : Notice of Public Hearing to Amend Chapter 169 (Flood Damage Prevention)

 

RESOLVED, that the Town Clerk is hereby authorized to publish the following Notice of Public Hearing:

 

NOTICE OF PUBLIC HEARING

 

TAKE NOTICE that a public hearing will be held by the Town Board of the Town of Southampton on June 14, 2005 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 amending Chapter 169 (Flood Damage Prevention) of the Southampton Town Code to include the definition of ‘freeboard’.”

 

Copies of the proposed local law, sponsored by Supervisor Patrick A. Heaney, are on file in the Office of the Town Clerk, Monday through Friday, from 8:30 a.m. to 4:00 p.m.

 

                                                        BY ORDER OF THE TOWN BOARD 

                                                        TOWN OF SOUTHAMPTON, NEW YORK

                                                        MARIETTA M. SEAMAN, TOWN CLERK

 

A LOCAL LAW amending Chapter 169 (Flood Damage Prevention) of the Code of the Town of Southampton.

 

BE IT ENACTED by the Town Board of the Town of Southampton as follows:

 

SECTION 1.  LEGISLATIVE INTENT.

 

The purpose of this local law is to include the definition of “freeboard” to maintain consistency with the New York State Building Code.

 

SECTION 2.  Section 169-4 (Definitions and word usage) of the Town Code of the Town of Southampton is hereby amended by striking through deleted words and underlining added words in alphabetical order as follows:

 

§169-4.  Definitions and word usage.

 

FREEBOARD-A term used in flood plain regulations that gives an extra margin of flood protection elevation above the established base flood elevation for any given location in the floor plain.

 

SECTION 3.  Severability.

 

              If any section or subsection, paragraph, clause, phrase or provisions 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 4.  Effective Date.

 

              This local law shall take effect upon filing with the Secretary of State pursuant to the Municipal Home Rule Law.

 

57. RES-2005-686 : Notice of Public Hearing to Amend Chapter 286 (Street Address Numbers)

RESOLVED, that the Town Clerk is hereby authorized to publish the following Notice of Public Hearing:

 

NOTICE OF PUBLIC HEARING

 

TAKE NOTICE that a public hearing will be held by the Town Board of the Town of Southampton on June 14, 2005 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 amending Chapter 286 (Street Address Numbers) of the Southampton Town Code to change the size of the letters/numbers used to display street addresses from three inches to four inches.”

 

Copies of the proposed local law, sponsored by Supervisor Patrick A. Heaney, are on file in the Office of the Town Clerk, Monday through Friday, from 8:30 a.m. to 4:00 p.m.

 

                                                        BY ORDER OF THE TOWN BOARD 

                                                        TOWN OF SOUTHAMPTON, NEW YORK

                                                        MARIETTA M. SEAMAN, TOWN CLERK

 

A LOCAL LAW amending Chapter 286 (Street Address Numbers) of the Code of the Town of Southampton.

 

BE IT ENACTED by the Town Board of the Town of Southampton as follows:

 

SECTION 1.  LEGISLATIVE INTENT.

 

The purpose of this local law is to change the size of the letters/numbers used to display street addresses from three inches to four inches to allow for increased visibility and accessibility.

 

SECTION 2.  Section 286-5 (Display of numbers; style and size) of the Code of the Town of Southampton is hereby amended by striking through deleted words and underlining added words as follows:

 

§ 286-5.  Display of numbers; style and size. 

 

A.              Manner of display. 

 

(1)              During construction period. The owner of a land parcel for which a building permit has been issued shall have the street address number displayed on a sign or a post located at the front of the property. 

 

(2)              Existing and newly completed buildings. The owner of an existing building or newly completed building shall have the street address number displayed by permanently affixing or painting numerals, letters or script stating the number to the front of the building. Where the building is not close enough to the street or is not readily visible from the street, the street address number shall be permanently affixed to a sign, post or mailbox located at the front of the parcel or lot where the building is situate.   

 

B.              Style and size of numbers. The numerals, letters or script used to display the street address number of the building shall be painted on a plaque or the front of the building or made of metal or other durable material. The numerals, letters or script shall be at least three four inches in height. All street address numbers shall be displayed so as to be easily seen from the street by both pedestrians and drivers of vehicles.   

 

 

SECTION 3.  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 4.  Effective Date.

 

              This local law shall take effect upon filing with the Secretary of State pursuant to the Municipal Home Rule Law.

 

 

58. RES-2005-687 : Notice of Public Hearing to Amend Chapter 330 (Zoning) Regarding Placement of Accessory Buildings

RESOLVED, that the Town Board of the Town of Southampton directs the Town Clerk to forward the proposed local law to the Southampton Town Planning Board and 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

 

TAKE NOTICE that a public hearing will be held by the Town Board of the Town of Southampton on June 14, 2005 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 amending Chapter 330 (Zoning) of the Southampton Town Code regarding the placement of accessory buildings and structures.”

 

Copies of the proposed local law, sponsored by Supervisor Patrick A. Heaney, are on file in the Office of the Town Clerk, Monday through Friday, from 8:30 a.m. to 4:00 p.m.

 

                                                        BY ORDER OF THE TOWN BOARD 

                                                        TOWN OF SOUTHAMPTON, NEW YORK

                                                        MARIETTA M. SEAMAN, TOWN CLERK

 

A LOCAL LAW amending Chapter 330 (Zoning) of the Code of the Town of Southampton.

 

BE IT ENACTED by the Town Board of the Town of Southampton as follows:

 

SECTION 1.  LEGISLATIVE INTENT.

 

The purpose of this local law is to provide limited relief for the placement of a sports court and/or a swimming pool on a lot that normally could not sustain one given rear yard coverage requirements.   This amendment more accurately reflects the needs of homeowners within the community.

 

SECTION 2.   Section 330-76 (Placement of accessory buildings and uses in all districts) is hereby amended by striking through deleted words and underlining added words as follows:

 

§ 330-76.  Placement of accessory buildings and uses in all districts. 

 

A.              Accessory buildings, including garages, if detached from a main building or if connected only by an open breezeway-type structure, shall be not less than five feet from the main building. [Amended 5-13-1986 by L.L. No. 7-1986] 

 

B.              A private garage may be constructed as a structural part of a main building, provided that when so constructed the garage walls shall be regarded as the walls of the main building in applying the front, rear and side yard regulations of this chapter. 

C.              No accessory building shall be constructed upon a lot or plot unless a main or principal building already exists on said lot or plot and has a valid certificate of occupancy or a valid building permit has been issued and is in effect for the construction or erection of a main or principal building. This restriction shall not apply to agricultural or farm buildings. 

 

D.              Accessory buildings and structures, including private garages, shall not be placed within a required front yard, a required side yard nor the total required side yard for a principal building, except as allowed elsewhere in this Chapter

 

E.              An access driveway may be located within a required yard. 

 

F.              Accessory off-street parking or truck loading areas shall be improved in accordance with Town specifications. 

 

G.              Required accessory off-street parking areas or truck loading space shall not be encroached upon by buildings, open storage or any other use. 

 

H.              The storage of manure or of odor- or dust-producing substances as an accessory use shall not be permitted within 50 feet of any side or rear lot line or within 100 feet of any front lot line. 

 

I.              All accessory buildings, structures or land used for animal husbandry shall conform to the provisions of § 330-79. 

 

J.              The keeping of more than two dogs more than six months old in outdoor shelters or pens or the keeping of any horses or farm livestock on the premises shall conform to the provisions of § 330-79, except in the case of a veterinarian, veterinary hospital or kennel. 

 

K.              A wind energy conversion system may be constructed or erected in the applicable zones as prescribed in the Tables of Use Regulations,EN provided that: 

 

(1)              Such wind energy conversion systems shall be set back from all property lines, aboveground utility lines, radio or television towers or other wind energy conversion systems a distance equal to or greater than the distance from existing grade at the foot of the tower to the top of the sweep of the blade or rotor system. 

 

(2)              No such system shall be located in a required yard. 

 

(3)              All guy wires and anchors shall be located at least 10 feet from any property lines. 

 

(4)              No wind energy conversion system shall be constructed until a building permit has been issued to the property owner by the Building Inspector. Each application shall be accompanied by a complete plan drawn to scale showing the location of the tower on site, existing grade elevation, location of all structures, aboveground power lines or other utility lines within a radius equal to the distance from existing grade at the foot of the tower to the top of the sweep of the blade or rotor system and dimensions and sizes of the various structural components of the tower's construction. Also submitted shall be a detail design of the entire structure, including footings, tower, rotor or blade system and any other component of the wind energy conversion system, with computations submitted by a registered professional engineer licensed in the State of New York certifying that the tower (including footings and rotor system) is designed to comply with the wind load requirements of the New York State Building Construction Code. It shall also be certified by said engineer that the energy conversion system is designed so as not to exceed the peak load requirements of the user(s) of the system. 

 

(5)              No climbing pegs shall be located closer than 12 feet to the ground level at the base of the structure for freestanding single pole or guyed towers. A six-foot-high fence with a locking portal shall be required to enclose lattice towers. 

 

(6)              The minimum distance between the ground and any part of the rotor or blade system shall be 15 feet. 

 

(7)              An automatic braking, governing or feathering system shall be required to prevent uncontrolled rotation at wind speeds greater than 40 miles per hour. 

 

(8)              All power transmission lines from the tower to any building or other structure shall be located underground. 

 

(9)              No television, radio or other communication antennas may be affixed or otherwise made part of such wind energy conversion system. 

 

(10)              Wind energy conversion systems shall not cause interference with radio and/or television broadcasting or reception and shall comply with the provisions of 47 CFR 15 (Federal Communications Commission), as exists or as may be amended. 

 

(11)              Evidence satisfactory to the Building Inspector shall be submitted that the wind energy conversion system complies with the regulations of the Federal Aviation Administration Part 77, Subchapter B, as exists or as may be amended. 

 

(12)              All necessary approvals or other agencies having jurisdiction over such installation, including but not limited to a New York Board of Fire Underwriters Inspection Certificate, shall be presented to the Building Inspector of the Town of Southampton prior to the issuance of a building permit. In addition, the owner of the premises on which said system is to be erected shall sign a statement prepared by the Town acknowledging the provisions of § 330-76K(16) of this article and agreeing that the issuance of a permit for the construction of said wind energy conversion system is subject to such provisions. No person other than the owner of the premises may sign such statement. 

 

(13)              Property owners may construct a wind energy conversion system for their use in common, but such a system may not be rented or leased to any other corporation or individual and shall be for the sole use and benefit of the owners of property which utilize such system or the tenants or lessees of such property. The mechanical or electrical energy produced or generated by such system may not be sold or otherwise made available to any individual or corporation other than the owner, tenant or lessee of the subject properties, or a public utility regulated by the Public Service Commission. If such wind energy conversion system is to be used in common, all owners and users of such system shall be made part of the application, and appropriate underwriter certificates, etc., shall be submitted for all properties, buildings and structures to be served by such system. 

 

(14)              A certificate of compliance indicating that the wind energy conversion system has been built in conformance with the plans and specifications filed with the Building Department shall have been issued prior to the operation of the wind energy conversion system. 

 

(15)              No alterations, additions, modifications, substitutions or deletions shall be made to such wind energy conversion system without approval of the same pursuant to the provisions of this article. 

 

(16)              The Building Inspector and/or the Town Engineer shall have the right at any reasonable time to enter, in the company of the owner or his agent, the premises on which a wind energy conversion system has been constructed to inspect all parts of said wind energy conversion system installation and require that repairs or alterations be made if, in his judgment, there exists a deficiency in the operation or in the structural stability of the system. If necessary, the Building Inspector or Town Engineer may order the system secured or otherwise cease its operation. It shall not be required that the owner or his agent be present in the event of an emergency situation involving danger to life, limb or property.     

 

 

SECTION 3.   Section 330-77 (Placement of accessory buildings and uses in residence districts) is hereby amended by striking through deleted words and underlining added words as follows:

 

 

§ 330-77.  Placement of accessory buildings and uses in residence districts.  [Amended 12-27-1988 by L.L. No. 28-1988; 6-10-2003 by L.L. No. 47-2003; 10-26-2004 by L.L. No. 32-2004] 

 

A.              Accessory off-street parking areas shall not be located in a required front yard or side yard and shall be not less than 10 feet from any property line in a required rear yard. 

 

B.              No commercial vehicle nor any house trailer, mobile home, boat or boat trailer or any similar equipment shall be parked in any front yard or in any required side yard or within 10 feet of any property line in a required rear yard. 

 

C.              The height of any accessory building located or constructed in any residential zone shall not have a height greater than 20 feet. exceed 1 1/2 times the distance between said building and the nearest property line (in any and all directions) and in no case shall such accessory building have a height greater than 20 feet. However, this restriction shall not apply to agricultural or farm buildings. 

 

D.              Accessory buildings and/or structures to be located or constructed in any residential zone in the required rear yard for a main or principal building shall not occupy more than 20% of such required rear yard, except for (i) sports courts with one playing surface, (ii) unroofed swimming pools, and (iii) decks and patios within 12” of grade.  Each lot shall be permitted one sports court and one swimming pool., however, Tthe total lot coverage shall not exceed the maximum lot coverage provided in § 330-11. 

 

E.              In no case shall a pool house or cabana exceed one floor nor 16 feet in height. Said pool house or cabana shall further not contain more than one room, other than a bathroom, nor shall said building exceed 250 square feet in gross floor area. Under no circumstances shall a pool house or cabana be designed, equipped or used for cooking or sleeping purposes. 

 

F.E.              A residential storage shed as defined in § 330-5 shall be permitted in the rear yard of a lot if it meets the rear and side yard setbacks for accessory structures as defined in § 330-11 of the Town Code. Residential storage sheds that are located on lots 80,000 square feet and less in all zoning districts, except waterfront lots, shall be allowed to have a minimum side and rear yard setback of 10 feet. This relief shall be granted for one residential storage shed per lot. 

 

G.F.              A deck, unroofed steps, patio, or terrace abutting or attached to a principal dwelling shall be subject to accessory structure setbacks, with the exception of distance from street regulations, as described in § 330-11.   

 

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 the Municipal Home Rule Law.

 

 

59. RES-2005-688 : Notice of Public Hearing to Amend Chapters 330-83 and 330-84 Regarding Yards and Heights

RESOLVED, that the Town Board of the Town of Southampton directs the Town Clerk to forward the proposed local law to the Southampton Town Planning Board and 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

 

TAKE NOTICE that a public hearing will be held by the Town Board of the Town of Southampton on June 14, 2005 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 amending Chapter 330 (Zoning) of the Southampton Town Code to increase the allowable amount of rear yard encroachment for exterior doors as well as to increase the height of a building as it relates to the pyramid envelope.”

 

Copies of the proposed local law, sponsored by Supervisor Patrick A. Heaney, are on file in the Office of the Town Clerk, Monday through Friday, from 8:30 a.m. to 4:00 p.m.

 

                                                        BY ORDER OF THE TOWN BOARD 

                                                        TOWN OF SOUTHAMPTON, NEW YORK

                                                        MARIETTA M. SEAMAN, TOWN CLERK

 

A LOCAL LAW amending Chapter 330 (Zoning) of the Code of the Town of Southampton.

 

BE IT ENACTED by the Town Board of the Town of Southampton as follows:

 

SECTION 1.  LEGISLATIVE INTENT.

 

The purpose of this local law is to allow for an increased rear yard encroachment from four (4) feet to eight (8) feet for exterior cellar entrances, commonly known as “bilco doors”, to more accurately reflect the needs of area homeowners.  This law also seeks to increase the pyramid envelope, which contributes to the height of a structure, by measuring it from a 60 degree angle rather than a 45 degree angle, also to more accurately reflect the needs of area homeowners.

 

SECTION 2.   Section 330-83 (Yards) is hereby amended by striking through deleted words and underlining added words as follows:

 

§ 330-83.  Yards.  [Amended 5-13-1986 by L.L. No. 7-1986; 12-9-1986 by L.L. No. 20-1986; 9-8-1987 by L.L. No. 5-1987; 7-10-1990 by L.L. No. 20-1990; 1-10-1995 by L.L. No. 3-1995; 5-13-2003 by L.L. No. 41-2003; 8-26-2003 by L.L. No. 65-2003; 10-26-2004 by L.L. No. 30-2004] 

 

A.              The following accessory structures may be located in any required front or rear yard: 

 

(1)              Awning or movable canopy not exceeding 10 feet in height. 

(2)              Open arbor or trellis. 

(3)              Retaining wall, fence or masonry wall, pursuant to § 330-109. 

(4)              Unroofed steps, deck, patio or terrace not higher than one foot above ground level.   

 

B.              The space in a required front yard shall be open and unobstructed, except for structures provided for in Subsection A and the following: 

 

(1)              An unroofed balcony projecting not more than eight feet into the yard. 

(2)              Other projections specifically authorized in Subsections C and D.   

 

C.              Every part of a required yard shall be open to the sky, unobstructed except for retaining walls and for accessory buildings and structures in a rear yard and except for the ordinary projection of sills, belt courses and ornamental features projecting not to exceed six inches. Cornices and eaves shall not project more than 18 inches. Exterior cellar entrances, commonly known as "bilco doors," shall not encroach more than four eight feet into the required rear yard and shall not encroach at all into any other required yard. 

D.              Open or lattice-enclosed fireproof fire escapes or stairways required by law, projecting into a yard not more than four feet, and the ordinary projections of chimneys and pilasters shall be permitted by the Building Inspector when placed so as not to obstruct light and ventilation. 

 

E.              Where a lot extends through from street to street, the applicable front yard regulations shall apply on both street frontages. 

 

F.              In any residence district where 25% of the block frontage within 200 feet of a proposed building on either the same side of the street or across the street is already improved with buildings, the front yard of such proposed building shall be required to exceed the minimum required dimension stipulated in this chapter for the district in which it is situated in cases where the average front yard setback of the two nearest buildings within such 200 feet exceeds such minimum dimension; provided, however, that such increased front yard shall not be required to exceed the minimum required front yard prescribed for the district in which such proposed building is to be located by more than 10 feet. 

 

G.              The following minimum required transitional yards and screening shall be provided within nonresidential districts in order to assure orderly and compatible relationships along certain boundary lines: 

 

(1)              Adjoining residential districts. 

 

(a)              The minimum required transitional side and rear yards shall be 50 feet. 

 

(b)              The minimum required side and rear transitional yards for nonresidential uses located in the HO or HC Zones shall be as follows: 

 

[1]              For buildings up to 3,000 square feet in size, the minimum side and rear transition yard shall be 20 feet.   

 

(c)              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. 

 

(d)              The minimum required transitional side and rear yards provided for in Subsection G(1) of this section may be modified by the Planning Board as part of site plan review pursuant to §§ 330-181 through 330-184 of this chapter where the subject premises is a single lot which lies across district boundaries or where natural, physical or other existing features are present and the goals of this section will be accomplished.   

 

(2)              Adjoining limited access and secondary highways. 

 

(a)              The minimum required transitional front yard shall be 20 feet in the OD, HO, HC, MLT  MTL and RWB Zones. 

 

(b)              The minimum required transitional front yard shall be 50 feet in the HB and LI-40 Zones. 

 

(c)              The minimum required transitional front yard shall be 100 feet in the SCB and LI-200 Zones. 

 

(d)              The minimum required screening within such transitional yards cited above shall be landscape plantings, including evergreen shrubs not less than one foot nor more than three feet high, and street trees meeting Town specifications.   

(3)              Adjoining all other streets (i.e., collector or minor streets). The minimum required transitional front yard shall be 20 feet in all nonresidential zones, unless the Planning Board finds for aesthetic and safety reasons that additional area is necessary.   

 

H.              In the Highway Business (HB) and Light Industrial (LI-40) Zones: 

 

(1)              In order to encourage commercial development whereby off-street parking is provided to the side(s) and rear of developing business sites and to encourage the provision of additional landscape materials and planting areas adjacent to the Town's major arteries, the minimum required front yard in the HB and LI-40 Zones shall be 50 feet, provided that within said required front yard there shall not be any off-street parking areas, truck loading spaces or paved vehicular maneuvering lanes (except for the entrance(s) and exit(s) to the site), and further provided that a detailed landscaping plan (prepared by a licensed professional) shall be submitted to the Planning Board along with or as part of the required site plan. Said landscaping plan shall depict the plant materials, sodded areas, etc., which are to be provided within such fifty-foot front yard. The Planning Board shall have the authority to reject the use of a fifty-foot minimum front yard in consideration of the setback of existing building(s) on adjacent properties should such buildings be located further than 50 feet from the street line. 

 

(2)              Off-street parking areas and paved maneuvering lanes may be included in such front yards, provided that such parking areas and lanes shall not be located within the required fifty-foot transitional front yard specified in Subsection G(2) and (3).   

 

I.              In the Shopping Center Business Zone. In order to encourage commercial development whereby off-street parking is provided to the side(s) and rear of developing business sites and to encourage the provision of additional landscape materials and planting areas adjacent to the Town's major arteries, a principal building, constructed or erected in the Shopping Center Business Zone after the effective date of this section, shall not have a front yard in excess of 100 feet, unless the required transitional yard is increased, and that such increase in the transitional yard shall be five feet for every 10 feet of increased front yard distance, and the increased front yard is approved by the Planning Board, contingent upon the submission of a detailed landscape plan (prepared by a licensed professional) for said transitional yard (planting area), which is to accompany the required overall site plan. 

 

J.              Notwithstanding any provision of this chapter to the contrary, in the case of corner lots: 

 

(1)              There shall be only one rear lot line. The rear lot line shall be the lot line opposite the shorter front lot line (exclusive of the corner arc). If the front lot lines are the same length, the Building Inspector shall determine the rear lot line. 

 

(2)              The rear yard shall be the space on the same lot with a building, situated between the nearest roofed portion of the principal building or buildings and the rear lot line of the lot and extending from side lot line to the required front yard of the longer front line. 

 

(3)              In the case of a waterfront lot line, the line opposite the waterfront shall be considered the rear lot line.   

 

K.              In all residence districts, where the approving authority under Chapter 325, Wetlands, of the Town Code has authorized a wetlands permit for a principal building requiring relief from the minimum required yards under § 330-11 of this chapter, a required yard of such proposed principal building may be reduced up to 50%; provided, however, that any such reduced front or rear yard shall not be less than 30 feet, and any such reduced side yard shall not be less than 10 feet, and where the Administrator under Chapter 138, Coastal Erosion Hazard Areas, has authorized a coastal erosion management permit requiring similar relief, a required front yard setback measured from an existing street or property northerly line paralleling the ocean may be reduced to not less than 30 feet. The relief herein shall only be the minimum necessary to achieve the maximum practicable buffer zones required under Chapter 325 or Chapter 138 of the Town Code.   

 

SECTION 2.   Section 330-83 (Yards) is hereby amended by striking through deleted words and underlining added words as follows:

 

§ 330-84.  Height. 

 

A.              Nothing herein contained shall restrict the height of the following architectural and structural features: 

 

(1)              On any building, except one- and two-family dwellings, a spire, cupola, dome, belfry or clock tower, provided that such spire, cupola, dome, belfry or clock tower does not constitute habitable space or a building story as defined by all applicable provisions of the Town Code or the New York State Uniform Fire Prevention and Building Code; and provided that such spire, cupola, dome, belfry or clock tower is approved as an integral element of the architectural style of the building by the Planning Board or Board of Architectural Review in accordance with the criteria set forth in § 330-171. [Amended 4-11-1995 by L.L. No. 18-1995] 

 

(2)              A flagpole, chimney flue, elevator or stair bulkhead, water tank, stage tower or scenery loft as accessory facilities to permitted or special exception uses in a given district. 

 

(3)              Barns, silos or similar farm structures in districts where agriculture is a permitted use. 

 

(4)              A wireless communications tower or antenna or similar structure only if approved as a special exception use by the Planning Board. [Amended 12-22-1992 by L.L. No. 54-1992; 11-24-1998 by L.L. No. 42-1998] 

 

(5)              Structures shown on a site plan approved in accordance with the provisions of Article XXII (QPSUD). [Added 12-22-1992 by L.L. No. 54-1992]   

 

B.              No building or structure erected pursuant to Subsection A to a height in excess of the height limit for the district in which it is situated shall: 

 

(1)              Have a lot coverage in excess of 10% of the lot area. 

 

(2)              Be used for residence or tenancy purposes. 

 

(3)              Have any sign, nameplate, display or advertising device of any kind whatsoever inscribed upon or attached to such building or structure.   

 

C.              No private radio or television antenna, mast or tower shall exceed the maximum permitted height prescribed for the district in which such proposed structure is to be located. 

 

D.              Pyramid Law. Except on lots in the Village Business (VB) District, Highway Business (HB) District, Office District (OD), Hamlet Office/Residential (HO) District, Hamlet Commercial/Residential (HC) District, or Light Industrial (LI-40 and LI-200) Districts, all buildings and structures on any lot in any district must be set back from all property lines so that the height of any point of the building or structure is not greater than the horizontal distance of the point from the nearest property line to the building or structure at that location. Notwithstanding any language in this subsection, the maximum height limitation for a building or structure in the dimensional tables of this chapter (§§ 330-11, 330-34 and 330-38) EN shall not be exceeded at any point unless the structure is one exempted under Subsection A hereof. An illustration depicting a typical elevation view showing the control of height of buildings and structures under this subsection is included at the end of this chapter or protrude through a diagonal line formed by a 60 degree pyramid angle from all property lines which is to be determined as follows:  [Added 12-22-1992 by L.L. No. 55-1992; amended 11-14-1997 by L.L. No. 38-1997; 6-10-1997 by L.L. No. 47-2003; 8-26-2003 by L.L. No. 65-2003]   

 

(1)              In upland parcels determine the average elevation along the wall of the building or structure fronting the nearest street (before any fill has been or is proposed to be placed thereon).  The project an imaginary plane of this elevation to all property lines.  A 60 degree angle from all property lines will be the pyramid envelope.

 

(2)              In flood zone areas where the ground elevation for the entire building or structure is below the Base Flood Elevation as determined by the Federal Emergency Management Agency (FEMA) Flood Insurance rate Map (FIRM), the pyramid envelope is measured from all property lines from the Base Flood Elevation (BFE).  If the building is to be built with freeboard above the BFE then pyramid plane can be measured from the BFE plus freeboard, but this additional pyramid allowance is not to exceed two (2) feet (i.e. BFE + 2’).

 

(3)              In flood zone areas where the average elevation of a portion of the building or structure along the wall facing the nearest street as defined in paragraph (2) is higher than the Base Flood Elevation, then the pyramid envelope may be measured either as stated in paragraph (1), or in paragraph (2).

 

(4)              Structures or portions of structures that are exempt from the Pyramid Law are as follows:  Chimneys, grade levels fences, driveway gates and posts, flag poles, and landscaping trellises provided they do not exceed 8 feet in height.

 

SECTION 4.  §330-84D, Illustration II, Typical Elevation View Showing Control of Height of Building (Pyramid Law) is deleted in its entirety.

 

 

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 provisions 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 the Municipal Home Rule Law.

 

 

 

60. RES-2005-689 : Notice of Public Hearing to Amend Section 330-115 Continuance

 

RESOLVED, that the Town Board of the Town of Southampton directs the Town Clerk to forward the proposed local law to the Southampton Town Planning Board and 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

 

TAKE NOTICE that a public hearing will be held by the Town Board of the Town of Southampton on June 14, 2005 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 amending Chapter 330 (Zoning) of the Southampton Town Code to provide lot coverage relief for nonconforming parcels in single and separate ownership.”

 

Copies of the proposed local law, sponsored by Supervisor Patrick A. Heaney, are on file in the Office of the Town Clerk, Monday through Friday, from 8:30 a.m. to 4:00 p.m.

 

                                                        BY ORDER OF THE TOWN BOARD 

                                                        TOWN OF SOUTHAMPTON, NEW YORK

                                                        MARIETTA M. SEAMAN, TOWN CLERK

 

A LOCAL LAW amending Chapter 330 (Zoning) of the Code of the Town of Southampton.

 

BE IT ENACTED by the Town Board of the Town of Southampton as follows:

 

SECTION 1.  LEGISLATIVE INTENT.

 

The purpose of this local law is to provide lot coverage relief for nonconforming parcels that are single and separately owned and burdened by current zoning requirements.

 

SECTION 2.  Section 330-115 (Continuance) of the Town Code of the Town of Southampton is hereby amended by striking through deleted words and underlining added words as follows:

 

§ 330-115.  Continuance. 

 

A.              Any lawful use occupying any building, structure, lot or land at the time of the effective date of this chapter or any amendment thereto which does not comply after the effective date of this chapter or any amendment thereto with the use regulations of the district in which it is situated may be continued in the building or structure or upon the lot or land so occupied, except as provided in § 330-119. 

 

B.              A conforming building or structure used by a nonconforming use shall not be reconstructed, structurally altered, restored or repaired to an extent exceeding 100% of the gross floor area of such building or structure unless the use of such building or structure is changed to a conforming use. 

 

C.              A nonconforming building or structure that is devoted to a conforming use may be enlarged, reconstructed, structurally altered, restored or repaired, in whole or in part, and the provisions of Subsection B shall not apply, except that the degree of nonconformity shall not be increased. [Amended 7-24-1990 by L.L. No. 23-1990; 12-22-1992 by L.L. No. 55-1992] 

 

D.              A nonconforming lot separately owned and not adjoining any lot or land in the same ownership at the effective date of this chapter and not adjoining any lot or land in the same ownership at any time subsequent to such date may be used, or a building or structure may be erected on such lot for use, in accordance with all the other applicable provisions of this chapter, provided that proof of such separate ownership is submitted in the form of an abstract of title showing the changes of title to said lot, which abstract shall be in the usual form shall be certified by an attorney or a company regularly doing such work in Suffolk County or by a corporation duly licensed to examine and insure title to real property in Suffolk County and shall contain a certification that no contiguous property was owned by an owner of the property involved since the date of any previously applicable zoning law. Such lot shall be granted relief for side and rear yard dimensions, and lot coverage as follows: 

 

(1)              The total dimensions of both side yards for a principal building shall be computed on the basis of 0.4 of the lot width; however, no side yard dimension shall be less than 0.4 of the total dimensions of both side yards computed as aforesaid, and no side yard dimension shall be less than 10 feet. 

 

(2)              The total rear yard dimension for a principal building shall be computed on the basis of 0.3 of the lot depth; however, no dimension for the rear yard of a principal building shall be less than 30 feet. [Amended 12-9-1986 by L.L. No. 20-1986] 

 

(3)              In the case of a single and separate lot meeting the requirements of Subsection D of this section for a buildable lot which is located in a major subdivision plat approved after October 14, 1957, by the Planning Board of the Town of Southampton and filed with the Suffolk County Clerk's office or in a minor subdivision plat approved after April 17, 1975, by the Planning Board of the Town of Southampton and filed with the Southampton Town Clerk's office, relief for all front, side and rear yard and area dimensions shall be granted to the extent that such front, side and rear yard and area dimensions were required at the time the map was originally filed as required by law. [Amended 12-8-1987 by L.L. No. 9-1987]   

 

              (4)              Lot Coverage:

 

                            0 - 59,999 square feet of lot area = 20% lot coverage

                            60,000 - 79,999 square feet of lot area = 15% lot coverage

                            80,000 - 199,999 square feet of lot area = 10% lot coverage

                            200,000 and up square feet of lot area = 5% lot coverage

 

E.              An existing building or structure designed and used for a conforming use but located on a nonconforming lot, whether the building is conforming or nonconforming with respect to lot coverage and minimum yard requirements, may be enlarged, reconstructed, structurally altered, restored or repaired, in whole or in part, except that the degree of nonconformity shall not be increased. 

 

F.              Notwithstanding the provisions of § 330-115D, where a legally existing substandard lot comes into the same record ownership as one or more adjacent lots solely by reason of the death of a previous record owner, the owner of said lots in the same record ownership shall have three years from the date of death of the previous owner causing the lots to be in the same ownership to place the lots into single and separate ownership. Failure to place lots in single and separate ownership within said parcel shall result in the merger of substandard lots for zoning purposes. [Added 5-13-1986 by L.L. No. 7-1986]   

 

SECTION 3.  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 4.  Effective Date.

 

              This local law shall take effect upon filing with the Secretary of State pursuant to the Municipal Home Rule Law.

61. RES-2005-690 : Notice of Public Hearing to Amend Section 330-107 (Use of Dwellings)

 

RESOLVED, that the Town Board of the Town of Southampton directs the Town Clerk to forward the proposed local law to the Southampton Town Planning Board and 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

 

TAKE NOTICE that a public hearing will be held by the Town Board of the Town of Southampton on June 14, 2005 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 amending Chapter 330 (Zoning) of the Southampton Town Code regarding the use and connection of habitable space within a dwelling.”

 

Copies of the proposed local law, sponsored by Supervisor Patrick A. Heaney, are on file in the Office of the Town Clerk, Monday through Friday, from 8:30 a.m. to 4:00 p.m.

 

                                                        BY ORDER OF THE TOWN BOARD 

                                                        TOWN OF SOUTHAMPTON, NEW YORK

                                                        MARIETTA M. SEAMAN, TOWN CLERK

 

A LOCAL LAW amending Chapter 330 (Zoning) of the Code of the Town of Southampton.

 

BE IT ENACTED by the Town Board of the Town of Southampton as follows:

 

SECTION 1.  LEGISLATIVE INTENT.

 

The purpose of this local law is to ensure that all habitable space is safely designed, providing for proper ingress and egress, and to likewise ensure that mechanical rooms, storage rooms, garages and other similar spaces are not used to connect habitable spaces given the threat such designs present to the health, safety and welfare of its occupants.

 

SECTION 2.  Section 330-107 (Use of dwellings) of the Town Code of the Town of Southampton is hereby amended by striking through deleted words and underlining added words as follows:

 

§ 330-107.  Use of dwellings.  [Added 3-25-1986 by L.L. No. 5-1986] 

 

A.              Dwellings and dwelling units shall only be utilized by families for residential purposes on a seasonal basis or for a longer duration up to and including permanent residence, except as otherwise permitted in this chapter. 

 

B.              The use of dwellings and dwelling units for daily or weekly occupancy is hereby               declared to be a transient occupancy and is prohibited. 

 

C.              Nothing contained in this section shall be construed as prohibiting the use of a dwelling unit in a resort motel on a weekly rental basis.   

 

D.              A single family dwelling shall be designed and configured to be used as a one

family dwelling.  All habitable space must be connected by a conditioned hallway or habitable space.  Under no circumstances shall habitable space be connected through a mechanical room, laundry room, storage room, or garage.

 

SECTION 3.  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 4.  Effective Date.

 

              This local law shall take effect upon filing with the Secretary of State pursuant to the Municipal Home Rule Law.

62. RES-2005-691 : Notice of Public Hearing to Amend Section 330-108 Limitation of Occupancy of Dwellings and Dwelling Units

 

 

RESOLVED, that the Town Board of the Town of Southampton directs the Town Clerk to forward the proposed local law to the Southampton Town Planning Board and 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

 

TAKE NOTICE that a public hearing will be held by the Town Board of the Town of Southampton on June 14, 2005 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 amending Chapter 330 (Zoning) of the Southampton Town Code to address limitations on the occupancy of dwellings and dwelling units.”

 

Copies of the proposed local law, sponsored by Supervisor Patrick A. Heaney, are on file in the Office of the Town Clerk, Monday through Friday, from 8:30 a.m. to 4:00 p.m.

 

                                                        BY ORDER OF THE TOWN BOARD 

                                                        TOWN OF SOUTHAMPTON, NEW YORK

                                                        MARIETTA M. SEAMAN, TOWN CLERK

 

A LOCAL LAW amending Chapter 330 (Zoning) of the Code of the Town of Southampton.

 

BE IT ENACTED by the Town Board of the Town of Southampton as follows:

 

SECTION 1.  LEGISLATIVE INTENT.

 

The purpose of this local law is to amend the square footage requirement for the maximum number of occupants in a conventional bedroom.  The Town Code currently bases this calculation on the floor area of a conventional bedroom, or 80 square feet.  This figure is being decreased, however, to 70 square feet to maintain consistency with the New York State Residential Code.

 

SECTION 2.  Section 330-108 (Limitations on occupancy of dwellings and dwelling units) of the Town Code of the Town of Southampton is hereby amended by striking through deleted words and underlining added words as follows:

 

§ 330-108.  Limitations on occupancy of dwellings and dwelling units.  [Added 3-25-1986 by L.L. No. 5-1986] 

 

A.              In dwelling units, the maximum number of occupants shall be determined on the basis of floor area of each conventional bedroom as follows: 

 

(1)              Less than 80 70 square feet: zero. 

(2)              At least 80 70 but less than 120 square feet: one. 

(3)              One hundred twenty square feet or more: two.   

 

B.              Areas utilized for kitchenettes, bath, toilet, storage, utility space, closets and other service or maintenance space shall be excluded.   

 

SECTION 3.  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 4.  Effective Date.

 

              This local law shall take effect upon filing with the Secretary of State pursuant to the Municipal Home Rule Law.

63. RES-2005-692 : Notice of Public Hearing to Amend Section 330-11 Residence Districts Table of Dimensional Regulations

 

RESOLVED, that the Town Board of the Town of Southampton directs the Town Clerk to forward the proposed local law to the Southampton Town Planning Board and 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

 

TAKE NOTICE that a public hearing will be held by the Town Board of the Town of Southampton on June 14, 2005 at 1:00 p.m. by the Town Board of the Town of Southampton at Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against “A LOCAL LAW amending §330-11, Residence Districts Table of Dimensional Regulations of the Southampton Town Code to change the flood zones referenced from A, B or V to AE or VE.”

 

Copies of the proposed local law, sponsored by Supervisor Patrick A. Heaney, are on file in the Office of the Town Clerk, Monday through Friday, from 8:30 a.m. to 4:00 p.m.

 

                                                        BY ORDER OF THE TOWN BOARD 

                                                        TOWN OF SOUTHAMPTON, NEW YORK

                                                        MARIETTA M. SEAMAN, TOWN CLERK

 

A LOCAL LAW amending §330-11, Residence Districts Table of Dimensional Regulations of the Code of the Town of Southampton.

 

BE IT ENACTED by the Town Board of the Town of Southampton as follows:

 

SECTION 1.  LEGISLATIVE INTENT.

 

The purpose of this local law is to amend the Town Code so that it more accurately reflects the flood zones that exist within the boundaries of the Town.

 

SECTION 2.  Footnote 6 of Section 330-11, Residence Districts Table of Dimensional Regulations of the Code of the Town of Southampton is hereby amended by striking through deleted words and underlining added words as follows:

 

NOTES:

 

              Maximum height in any A, B or V AE or VE Zone as shown on the application floor

              Insurance Rate Map prepared by the Federal Emergency Management Agency for the

              Town of Southampton shall not exceed forty (40) feet above mean sea level or the

              maximum height in feet as shown on this table, whichever is less.

 

SECTION 3.  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 4.  Effective Date.

 

              This local law shall take effect upon filing with the Secretary of State pursuant to the Municipal Home Rule Law.

 

 

64. RES-2005-693 : Notice of Public Hearing to Amend Section 330-33 and 330-34

 

RESOLVED, that the Town Board of the Town of Southampton directs the Town Clerk to forward the proposed local law to the Southampton Town Planning Board and 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

 

TAKE NOTICE that a public hearing will be held by the Town Board of the Town of Southampton on June 14, 2005 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 amending §330-33, Business Districts Table of Use Regulations, Part 8, and §330-34, Business Districts Table of Dimensional Regulations, of the Southampton Town Code to, in pertinent part, amend a clerical error and change the maximum stories in certain zoning districts from 2½ to 2 stories.”

 

Copies of the proposed local law, sponsored by Supervisor Patrick A. Heaney, are on file in the Office of the Town Clerk, Monday through Friday, from 8:30 a.m. to 4:00 p.m.

 

                                                        BY ORDER OF THE TOWN BOARD 

                                                        TOWN OF SOUTHAMPTON, NEW YORK

                                                        MARIETTA M. SEAMAN, TOWN CLERK

 

A LOCAL LAW amending §330-33, Business Districts Table of Use Regulations, Part 8, and §330-34, Business Districts Table of Dimensional Regulations, of the Code of the Town of Southampton.

 

BE IT ENACTED by the Town Board of the Town of Southampton as follows:

 

SECTION 1.  LEGISLATIVE INTENT.

 

The purpose of this local law is to amend the Southampton Town Code so that references to the Standard Industrial Code, a code used by all municipalities to identify uses of property, accurately reflects the number 7999 rather than 7909, which was a scrivener’s error.  This local law also seeks to amend the maximum stories in certain zoning districts from 2½ stories to 2 stories, since ½ stories are no longer used to describe the height of buildings.

 

SECTION 2.  Section 330-33, Business Districts Table of Use Regulations, Part 8, of the Code of the Town of Southampton is hereby amended by striking through deleted words and underlining added words as follows:

 

 

Town of Southampton

§ 330-33, Business Districts Table of Use Regulations, Part 8

[Amended last 8-26-2003 by L.L. No. 65-2003]

 

 

SIC Code                            Use Classification___________________________________ 

 

7909              7999                            Other indoor activities

 

7909              7999                            Miniature golf, driving ranges, pitch-n-putt, batting cages, go-carts,

                                          bumper cars or similar outdoor recreation

 

7909              7999                            Art galleries

 

SECTION 3.  Section 330-34, Business Districts Table of  Dimensional Regulations of the Code of the Town of Southampton is hereby amended by striking through deleted words and underlining added words as follows:

 

Town of Southampton

§330-34, Business Districts Table of Dimensional Regulations

[Amended 5-13-1986 by L.L. No. 7-1986]

 

 

Dimension                                          VB           HB         SCB          OD          MTL              RWB

                                                       

Height, maximum                           2                     2        2                2         2                2

    Stories

 

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 the Municipal Home Rule Law.

 

65. RES-2005-694 : Notice of Public Hearing to Amend Section 330-67 Protection of Natural Vegetation

 

RESOLVED, that the Town Board of the Town of Southampton directs the Town Clerk to forward the proposed local law to the Southampton Town Planning Board and 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

 

TAKE NOTICE that a public hearing will be held by the Town Board of the Town of Southampton on June 14, 2005 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 amending Chapter 330 (Zoning) of the Southampton Town Code to increase the amount of disturbance of natural vegetation allowed for flagpole lots.”

 

Copies of the proposed local law, sponsored by Supervisor Patrick A. Heaney, are on file in the Office of the Town Clerk, Monday through Friday, from 8:30 a.m. to 4:00 p.m.

 

                                                        BY ORDER OF THE TOWN BOARD 

                                                        TOWN OF SOUTHAMPTON, NEW YORK

                                                        MARIETTA M. SEAMAN, TOWN CLERK

 

A LOCAL LAW amending Chapter 330 (Zoning) of the Code of the Town of Southampton.

 

BE IT ENACTED by the Town Board of the Town of Southampton as follows:

 

SECTION 1.  LEGISLATIVE INTENT.

 

The purpose of this local law is to increase the amount of disturbance of natural vegetation allowed for flagpole lots.  By providing some limited relief from these clearing restrictions, the Town Board recognizes the hardship encountered by these particular lots when attempting to comply with the current code restrictions.

 

SECTION 2.  Section 330-67 (Protection of natural vegetation) of the Town Code of the Town of Southampton is hereby amended by striking through deleted words and underlining added words as follows:

 

§ 330-67.  Protection of natural vegetation.  [Amended 5-13-1986 by L.L. No. 7-1986; 12-27-1988 by L.L. No. 26-1988; 11-14-1989 by L.L. No. 23-1989] 

 

A.              To ensure maximum water recharge and to minimize the potential for fertilized vegetation, natural vegetation located on a tract or lot shall be preserved to the maximum extent possible, consistent with the following parameters: 

 

(1)              The natural vegetation on a lot or a tract in the overlay district shall not be disturbed until such time that a building permit, site plan approval or final subdivision approval is received or until such time that the Planning Board has granted approval to a site disturbance plan as provided below: 

 

(a)              The site disturbance plan shall be based on a recent survey of the subject parcel, at a minimum scale of one inch equals 40 feet, or at a scale found sufficient by the Department of Natural Resources for review purposes. Said survey/plan shall depict the existing vegetated areas and the areas proposed to be disturbed. A recent aerial photograph, at the same scale, may be substituted, provided that the property boundaries and the areas proposed to be disturbed are superimposed. 

 

(b)              The request to the Planning Board to review the Site Disturbance Plan shall be made or authorized by the landowner(s) and shall include an affidavit which advises the Planning Board what the purpose and need for the proposed disturbance is. The Planning Board may approve the plan or approve the plan with modifications or conditions. The Planning Board may also disapprove said plan if it is found that the proposed disturbance is not consistent with the intent of the provisions of this article, or if the purpose of the disturbance is for future development of the property which has not been approved by the Town. 

 

(c)              If restoration or revegetation is required on any site disturbance plan, the Planning Board may require the applicant to post a performance bond in an amount equal to the estimated cost of restoring the disturbed areas to their previous state. The term of said performance bond shall not exceed a period of one year and shall not be released until written notification is received from the Planning Board that the disturbance has been satisfactorily completed in accordance with the approved plan.   

 

(2)              Nonresidential lots and tracts. 

 

(a)              For nonresidential lots or tracts proposed for development, the amount of disturbance of natural vegetation shall not exceed 50% of the area of the respective lot or tract. The Planning Board may restrict the remainder of the site or portions thereof so that the burden of meeting the maximum disturbance limitation is not borne by any future lots resulting from the subdivision of the tract. 

 

(b)              For nonresidential tracts proposed for subdivision, the total amount of disturbance of natural vegetation shall not exceed greater than 50% of the area of said tract. In determining the amount of disturbance on a proposed lot in a subdivision, the Planning Board shall first calculate the amount of disturbance for all roads, common driveways, drainage areas, active park areas and any other improvements connected to the subdivision map and then proportionately divide the remaining area among the proposed lots.   

 

(3)              For multifamily lots or tracts, including parcels for senior citizen and affordable housing projects, but excluding attached-housing planned residential developments, the amount of disturbance of natural vegetation shall not exceed 50% of the area of the respective lot or tract. The Town Board may alter or waive the provisions of this subsection where an affordable housing project otherwise would meet the provisions of the Town Code and a revegetation program which protects the aquifer is incorporated into the project design. 

 

(4)              Residential lots and tracts. 

 

(a)              For residential lots, the amount of disturbance of natural vegetation shall not exceed the following percentages, except on flagpole lots, where the area calculated by multiplying the cleared access drive width up to 18 feet x the length of the pole shall be exempt from the total amount of clearing permitted:

   

 

                               Lot Size

(square feet)                                                          Percentage of Site                                 

                               1 to 15,000                                                                        75%                                 

                 15,001 to 30,000                                                          60%                                 

                 30,001 to 60,000                                                          50%                                 

                               60,001 to 90,000                                                          35%                                 

                               90,001 to 140,000                                                          25%                                 

                               140,001 to 200,000                                                          20%                                 

                               200,001 or greater                                                          15%                                   

 

(b)              For the development of a residential tract with one single-family dwelling and its accessory structures, the amount of disturbance of natural vegetation shall not exceed the maximum percentage allowed as provided in Subsection A(4)(a) above for the minimum required lot area of the zoning district in which the tract lies (e.g., a tract upon which a dwelling is proposed in the CR-40 Zone would not be allowed to be disturbed in excess of 50% of 40,000 square feet). The Planning Board may modify the provisions of this subsection where the applicant has agreed to restrict the remainder of the site or portions thereof so that the burden of meeting the maximum disturbance limitation is not borne by any future lots resulting from the subdivision of the tract.   

 

(5)              Notwithstanding the provisions of the aforementioned subsections, the Planning Board, when considering a planned residential development (cluster) subdivision of a tract within the overlay district, may allow a greater amount of disturbance on a lot within the proposed map, provided that no more than 25% of the natural vegetation on the tract shall be disturbed for development. In determining the amount of disturbance on a proposed lot, the Planning Board shall first calculate the amount of disturbance for all roads, common driveways, drainage areas, active park areas and any other improvements connected to the subdivision map and then proportionately divide the remaining area among the proposed lots.   

 

B.              Notwithstanding the provisions of the aforementioned subsections, lots or tracts upon which authorization is received from the Planning Board for a special exception use or authorization is received from the Town Board for the establishment of a QPSUD or PDD pursuant to Articles XXII and XXV of this chapter, respectively, may be allowed to disturb a greater amount of the natural vegetation, provided that said use is consistent with the intent and policies of the Aquifer Protection Overlay District and that a revegetation program which protects the aquifer is incorporated into the project design. [Amended 9-26-1995 by L.L. No. 46-1995] 

 

C.              The provisions of this section do not apply where the natural vegetation on a lot or tract was substantially disturbed as a result of previous land uses prior to the effective date (April 4, 1984) of this chapter. However, previously disturbed lands which are left to revert to natural vegetation for a period of 20 years shall be subject to these regulations. 

 

D.              The Planning Board, when considering the subdivision of a tract within the overlay district, shall utilize development or building envelopes, scenic easements, reserved areas, covenants and restrictions or any other reasonable means to implement the requirements of this section. The use of the planned residential development as provided in Chapter 247 of the Town Code should be evaluated by the Planning Board to allow flexibility on the limitations for disturbance on proposed lots and to provide better management of the resultant open space areas.   

 

SECTION 3.  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 4.  Effective Date.

 

              This local law shall take effect upon filing with the Secretary of State pursuant to the Municipal Home Rule Law.

66. RES-2005-695 : Rescind Resolution 2005-587 and Re-Notice of Public Hearing to Amend Chapter 330-248 In Order to Create the One Potato Agricultural PDD and Authorize Associated Costs

 

              RESOLVED, that Resolution No. 587 adopted April 26, 2005 is hereby rescinded; and be it further

 

              RESOLVED, that the Town Board of the Town of Southampton directs the Town Clerk to forward the proposed local law to the Southampton Town Planning Board and the Suffolk County Planning Commission for their review and recommendations; and be it further

             

              RESOLVED that the Town Board shall pay the cost of filing the Agricultural Planned Development District Easement and the source of funding shall be shall be Land Management Planning Contracts G/L No. 22-82-8021-20-6401-0000; and be it further
 

              RESOLVED, that the Town Clerk is hereby authorized to publish the following Re-Notice of Public Hearing:

RE-NOTICE OF PUBLIC HEARING

              TAKE NOTICE, that a public hearing will be held by the Town Board of the Town of Southampton on June 14, 2005 at 1:00 p.m. at the Town Hall, ll6 Hampton Road, Southampton, New York, to hear any and all persons either for or against  “A LOCAL LAW amending §330-248  of the Town Code of the Town of Southampton in order to create  the One Potato Agricultural Planned Development District (PDD).  This proposed zone change shall rezone approximately 35 acres of farmland from CR-120 to Agricultural Planned Development District. This property is located on the east side of Sagg Pond and the west side of Sagaponack Main Street, north of Bridge Lane and South of Sagaponack Road, situate in Sagaponack identified as SCTM# 900-106-2-12.004. This Agricultural PDD is intended to promote the goals of the 1999 Comprehensive Plan Update and the Agricultural Opportunities Subdivision Generic Environmental Impact Statement by providing community benefits such as preserving the scenic, historic, cultural and economic identities of the Town that are associated with the farming industry.  This proposed local law is intended to assist in the preservation of precious farmland parcels that are ten acres and larger and over located within the Agricultural Overlay District. This PDD shall provide a development yield based on the total number of acres, provide development rights that can be immediately transferred or extinguished, provide the Town with an opportunity to purchase the development rights or fee title of the property and guarantee the preservation of  approximately 23.04 acres of prime agricultural land as a separate parcel and there shall be an  easement restricting the entire parcel to remain available for agricultural production for a minimum of ten years.”

                            Copies of the proposed law, sponsored by Supervisor Patrick  A. Heaney, 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

                                          MARIETTA M. SEAMAN, TOWN CLERK

                           

  LOCAL LAW NO.   OF 2005

A local Law to amend Chapter 330-248 by creating a new section 330-248M of the Code of the Town of Southampton.

BE IT ENACTED by the Town Board of the Town of Southampton as follows:

SECTION 1. LEGISLATIVE INTENT

This legislation creates a new Planned Development District known as the Agricultural Planned Development District (“PDD”).  The Comprehensive Plan Update (the “Plan”) recognizes the protection of farming and the protection of the business of farming as equally important goals.  The Agricultural PDD serves as another important tool to achieve these and other goals of the Plan.  In particular, the legislation recognizes the Vision Goals For Agriculture articulated in the Plan, including, but not limited to the following: to preserve agriculture as an important economic sector in Southampton; to establish regulatory provisions designed to protect the equity and value of the farmland resource; to enhance the Town’s support of farming; to develop and enhance Town, County, State and federal partnerships to pursue funding for agricultural land preservation; and to develop and enhance public-private partnerships to encourage the protection of farms and farmland. 

The Agricultural PDD adds to the incentive-based processes and strategies supported in the Plan, including the Conservation Opportunities Subdivision. It will provide for a density incentive by allowing the yield to be calculated using a formula based on the acreage of the property and it will not include the standard deductions as defined in §292-10B of the Town Code. It recognizes the importance of encouraging and maintaining the business of farming in the Town of Southampton, while also preserving important community benefits such as the scenic, historic, cultural and economic identities of the Town associated with farming.  In addition, the PDD provides an important mechanism of incentives whereby the farmer and the Town can engage in preliminary land use and financial planning while farming continues for a minimum period of years.

Under the legislative process, farm owners may apply for a PDD through an expedited review process.  The Landowner shall grant the Town a 10-year easement under which the land will be maintained in agricultural production or be available for agriculture for a minimum of ten years.  During the 10-year period, the Town has the opportunity to seriously pursue various acquisition strategies and ensure long-term preservation of farming and farmland within the Town.  These strategies include purchase of fee title, purchase of development rights, transfer of development rights, or a combination of any or all of these. The purchase of development rights shall not reduce the size of the parcel when the fifty percent of the open space is calculated.  During the easement period, any proposal for development will be subject to specific zoning restrictions set forth in the PDD and the easement. Development would also, of course, be subject to all applicable procedures in effect at the time permits are sought, including those for subdivision and site plan approval.

SECTION 2. Amend Chapter 330-248 by inserting underlined words as follows:

M.  One Potato Agricultural Planned Development District

(1)    Purpose and objectives. The One Potato Agricultural PDD has been structured to accomplish the finding and purpose established by the Town Board as part of Article XXVI Planned Development District of the Town Code. This Agricultural PDD also supports the implementation of the Town’s Comprehensive Plan, 1999 Vision Goals for Agriculture and the subsequent Agricultural Opportunities Subdivision Generic Environmental Impact Statement. Specific objectives achieved by this Agricultural PDD are as follows:

(a)    To encourage the protection of farming and the business of farming in the Town of Southampton.

(b) To emphasize the importance of agriculture as both a vital local economic base and as a land form that provides the Town of Southampton with much of its rural, rustic character and scenic beauty.

(c)    Provide the landowner of this Agricultural PDD (herein know as “Landowner”) with another mechanism to access his equity in the land by providing him with development rights that can be immediately transferred or extinguished to facilitate preservation of farmland without having to subdivide his property

(d)   To enhance the Town’s support of farming.

(e)    To facilitate the farming of this parcel for a minimum of ten years and reduce suburban sprawl.

(f)     To allow the Town Board to have the opportunity to make a fair market offer of this parcels development rights or fee title prior to any proposed any non farming residential development of this property.

(g)    To maintain active farm that is adjacent to other active farmland, thereby contributing to a vital concentration of active farming within the Town of Southampton.

(h)    Guarantee the preservation of 23.04 acres as a separate parcel that shall be available for agricultural protection through the implementation of this Agricultural PDD, whereas no subdivision provisions or open space provisions of the current Town Code would ensure this preservation.

(i)      To encourage the preservation of at least eighty percent (80%) of the remaining farmland within the Town of Southampton by encouraging this Landowner to preserve at least 80% of this parcel for agricultural production.

(2)   District boundary. The One Potato Agricultural PDD shall consist of a 35.453 acre portion of a parcel designated as SCTM No. 900-106-2-12.004  situate in Sagaponack and defined as  metes and bounds description as follows: All that certain plot, piece or parcel of land situate, lying and being at Sagaponack, Town of Southampton, County of Suffolk and State of New York, being more particularly bounded and described as follows:

 

              Beginning at a point along the westerly line of Sagaponack Main Street, said point being situate 1456.44 feet northerly from the point formed by the intersection of the westerly line of Sagaponack Main Street with the northerly line of Bridge Lane;              Running thence along the northeasterly line of land now or formerly of Richard Mishaan and Macia Rolfe Mishaan the following five courses and distances:

 

            1.   North 53° 21’ 41” West, 766.72 feet;

            2.   North 28° 23’ 39” East, 85.86 feet;

            3.   North 58° 36’ 14” West, 713.17 feet;

            4.   North 34° 08’ 09” East, 60.05 feet;

            5.   North 30° 48’ 36” West, 597.99 feet to the average shoreline of Sagg Pond;

 

Thence along tie lines along the average shoreline of Sagg Pond the following five courses and distances:

 

1.              North 22° 25’ 37” East, 138.73 feet;

2.   North 53° 04’ 21” East, 67.85 feet;

3.   North 76° 20’ 59” East, 54.15 feet;

4.   North 28° 08’ 08” East, 235.57 feet;

5.   North 31° 25’ 53” East, 184.66 feet to the southerly line of land now   or formerly of Richard Ekstract;

 

              Thence South 50° 01’ 40” East, along the southerly line of land now or formerly of Richard Ekstract, 1226.69 feet to the westerly line of land now or formerly of Ruth F. Flemming;Thence along the westerly and southerly lines of land now or formerly of Ruth F. Flemming the following two courses and distances:

 

1.              South 39° 58’ 20” West, 37.59 feet;

2.   South 50° 01’ 40” East, 428.17 feet to the westerly  line of land now or formerly of Lee Foster;

 

              Thence along the westerly and southerly lines of land now or formerly of Lee Foster the following two courses and distances:

 

 

1.              South 37° 46’ 21” West, 326.86 feet;

2.   South 56° 25’ 10” East, 404.91 feet to the westerly line of Sagaponack  Main Street;

 

              Thence South  33° 34’ 50” West, along the westerly line of Sagaponack Main Street, 529.03 feet to the point or place of beginning. Comprising an area of 35.453 acres more or less.

 

(3)   Permitted Uses. The use and development of the Agricultural Easement Area will be conducted according to the time periods defined within this easement and this area shall be restricted to some or all of the following:

(a)    Consistent with bona fide agricultural production as defined in §301 of the New York Agricultural and Markets law, and as §301 may be amended.

(b)   Open and fallow (provided, however, that the Agricultural Easement Area shall be mowed on an annual basis to prevent successional field growth.)

(c)    Conservation opportunities subdivision that reduces density by a minimum of fifty percent (50%) and preserves at least eighty percent (80%) of the parcel and is developed according to Town Code § 292-6.1 conservation opportunities subdivision review procedures.

(d)   The Landowner may replace, improve, renovate and repair existing agricultural building(s) and any existing residential residence that existed at the time of the creation of the Agricultural PDD zoning classification. After this zone change, the Landowner shall have the ability to construct new agricultural buildings including housing for agricultural labor that is consistent with New York State Agricultural and Market Law §301.

(4)   Development Rights Certificate. The Town shall provide the Landowner with a Development Rights Certificate the next business day after the Town has filed this easement with the Suffolk County Clerk.

(a)  The number of credits that have been calculated pursuant to Chapter 244 of the Town Code of the Town of Southampton for this real property is based on the following zoning calculations. The property is within the CR-120 district. According to Southampton Town Code Chapter 244-2B the development yield factor for a CR-120 zone is 0.36. This Agricultural PDD consists of 35.453 acres. By multiplying 0.36 by 35.453 acres this results in 12.76 development credits. Chapter 244-2B requires that fractional allocation of a development credit shall be rounded to the nearest one hundredth (1/100 or 0.01) of a credit. Therefore, the development rights certificate shall have 12.76 development credits for this Agricultural PDD.

(b)   The Agricultural PDD requires a sixty- five -percent (65%) open space set aside should a clustered subdivision be approved after the termination of the Agricultural PDD Easement.  The open space set aside shall be encumbered with an Agricultural Easement and this area shall be a separate and distinct parcel from those that are to be residentially developed (excluding housing for agricultural labor related to the farming of the open space parcel.) This open space set aside does not have to be defined until all of the development rights are transferred or extinguished. The Landowner may increase this open space set aside.

(c)    The Town shall file this Agricultural PDD Easement within five (5) business days of the execution of this easement and provide proof of filing with the Landowner. These development rights may be immediately sold and transferred, or extinguished. These development rights may not be used for development on site unless they are part of a conservation opportunities subdivision, or until a minimum of ten years have passed since the effective date of the establishment of this Agricultural PDD zone and this easement has been terminated.  

(5) Sale of Development Rights. The Town intends to facilitate the preservation of up to eighty percent (80%) of the Agricultural PDD area through voluntary measures with the Landowner.  One mechanism to achieve this eighty percent (80%) goal is to purchase development rights (also known as development credits when sold or transferred).  It is, therefore, the intent of the Town to purchase additional development credits on 15% of the Agricultural PDD area to add to the required sixty-five percent (65%) open space set aside as defined herein.  In order to encourage the Landowner to sell individual development rights (credits) to the Town over time, the acreage to be preserved for each development credit sold shall be calculated as follows:

(a)    There are 12.76 development rights available to construct eighteen (18) residential units within the Agricultural PDD area.  The fractional credit does not equal one residential unit.

(b)   Sixty-five percent (65%) of the Agricultural PDD area to be preserved in a clustered subdivision equals 23.04 acres.

(c)    Thirty-five percent (35%) of the Agricultural PDD area to be set aside for development equals 12.41 acres.

(d)   Thirty-five percent (35%) of the Agricultural PDD area from which development rights may be sold or transferred equals 12.41 acres.

(e) The acreage preserved with the sale or transfer of a development right shall be calculated as follows: 12.41 acres divided by 12.76 equals 0.973 acres per credit.  Therefore, every time a credit is sold or transferred an additional 0.973 acre shall be preserved and added to the 65% or 23.04 acres that shall be preserved under the cluster requirement. 

(f)  For example, if the Landowner sells or transfers 4.76 credits, there will be 4.63 acres preserved plus 23.04 acres for a total of 27.67 acres protected. The remaining 8 credits shall allow the placement of 8 houses on 7.78 acres upon the termination of this Agricultural PDD easement.

(6) Negotiation Procedures for Acquisition during the easement period.  During the term of the Agricultural PDD Easement, the Landowner may seek an offer from the Town for purchase one or more of the development rights or fee title, subject to the following procedures:

(a)              Submission of a letter of interest and request for an appraisal to the Town Clerk.

(b)              The appraisal conducted by a certified appraiser for the Town shall be based on the yield and open space set asides defined in the Agricultural PDD or the highest and best use of the property.

(c)  The Town shall make an offer within one hundred and twenty (120)  days of the Landowner’s request.

(d)   The Landowner has the option to accept or refuse the offer without any violation of the conditions of the Agricultural PDD easement.

(7)  Agricultural PDD Term.  The term of the Agricultural PDD shall be for a minimum of ten (10) years and it shall remain in effect so long as the Landowner utilizes the property for a use consistent with the terms of this Easement.  The Landowner may submit a subdivision application and develop the property as a conservation opportunities subdivision without waiting a minimum of ten years after the Agriculatural PDD has been approved.  During the application process, the Agricultural PDD shall remain in effect.

(8) Early Termination. The Landowner of this Agricultural PDD may petition the Town Board for termination of this Agricultural PDD Easement and rezoning of the property during the initial ten (10) year period after the PDD is granted, but not until after the PDD has been in effect for five (5) years. The Town Board may, in its discretion, grant such a petition after a public hearing upon a finding of undue hardship or catastrophic economic loss. This landowner may also request development, consistent with the restrictions set forth in the PDD.  The Town Board may, at its own discretion, grant such a request.

(9) Procedures for Termination of this Agricultural PDD Easement.  At the conclusion of the ten (10) year period defined in the Agricultural PDD, the Landowner may at any time submit a written notice to the Office of the Town Clerk of his intentions to terminate this Agricultural PDD Easement.  Without such notification, the Agricultural PDD Easement shall continue to be in force in accordance with the terms of the Agricultural PDD.  Upon such notification, the Town shall have one hundred and fifty (150) days to exercise an option to purchase the development rights or fee title for all or part of the parcel prior to the termination of the Agricultural PDD Easement.  The Town shall make an offer on the basis of the fair market value of the property in accordance with the zoning and cluster regulations defined in this easement less any development rights sold or transferred during the term of the easement.  If agreement on the sales price is not reached between the Town and the Landowner within 30 days of the offer or such additional time as may be agreed upon by mutual consent of the parties, the Landowner may develop the property in accordance with the Agricultural PDD and the zoning and cluster regulations defined in the Agricultural PDD Easement.  The Landowner shall have three (3) years to submit an application to the Planning Board in accordance with the Agricultural PDD and the zoning and cluster regulations defined in the Agricultural PDD Easement.  This three (3) year limitation can be extended by a resolution of the Town Board. If the Landowner fails to request an extension to file a subdivision application the Agricultural PDD zoning shall expire and the related easement shall terminate.

  SECTION 3.  Severability

              If any clause, sentence, paragraph, section or part of this local law, now or through supplementation, shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.

SECTION 4.  Effective Date

This Article shall take effect upon filing with the Secretary of State pursuant to the    Municipal Home Rule Law.

 

 

67. RES-2005-696 : Authorize Acquisition of Lands of DeWeil, North Sea

              WHEREAS, The Town Board of the Town of Southampton has resolved to acquire certain property for preservation in the "Town of Southampton Community Preservation Project Plan 2001-2003" which identifies target areas and properties for acquisition for park, recreation, open space and conservation purposes; and

 

              WHEREAS, Georgia DeWeil is the purported owner of vacant parcels of land totaling approximately 1.50 acres, located on Cedar Lane and Lake View Place in North Sea, New York, shown as SCTM# 900-96-2-16 and 17; and

 

WHEREAS, said properties are located in the North Sea Atlantic White Cedar Swamp Open Space/Greenbelt Target Area in the Squires Pond area. The North Sea Atlantic White Cedar Swamp is located within the watershed of Little Fresh Pond in North Sea, which is one of the only remaining fragments of coastal Atlantic white cedar swamp on Long Island's East End. "Cedar bogs" are key habitat for rare species such as the Hessel's hairstreak, a rare green butterfly whose larvae feed solely on Atlantic white cedar plants. These towering evergreen stands also offer unique outdoor research and educational opportunities, as well as providing a striking contrast to neighboring home and other vested land. The North Sea swamps are today mostly unprotected, with development and pollution being their greatest threat. The Town's Comprehensive Plan Update has recognized the importance of this area and has targeted the site as one of the more significant natural areas to be preserved; and

 

              WHEREAS, Georgia DeWeil has expressed an interest in selling the properties to the Town of Southampton at a total cost not to exceed $20,000.00; and

 

              WHEREAS, a public hearing was held before the Town of Southampton on May 10, 2005, as part of the Community Preservation Project Plan 2001-2003 to determine if the subject properties should be acquired pursuant to §247 of the General Municipal Law and it is felt that this acquisition is the best alternative for the protection of community character of all the reasonable alternatives available to the town, and it was determined that said property should be purchased.

 

              NOW, THEREFORE, BE IT RESOLVED, that the Town of Southampton is hereby authorized to purchase the lands of Georgia DeWeil, totaling approximately 1.50 acres of vacant land, located on Cedar Lane and Lake View Place in North Sea, New York, shown as SCTM# 900-96-2-16 and 17 at a total cost not to exceed $20,000.00, plus closing expenses for an accurate survey and title insurance; the source of the funding to be the Community Preservation Fund Account GL 31-11-1940-30-6210-0001; and

 

              BE IT FURTHER RESOLVED, that the Supervisor be authorized to enter into a Contract of Sale and execute any documents necessary to close title for said properties.

 

68. RES-2005-697 : Authorize Acquisition of Lands of Francis and Jacobson, Southampton

              WHEREAS, The Town Board of the Town of Southampton has resolved to acquire certain property for preservation in the "Town of Southampton Community Preservation Project Plan 2001-2003" which identifies target areas and properties for acquisition for park, recreation, open space and conservation purposes; and

 

              WHEREAS, James Francis and Edwin J. Jacobson are the purported owners of a vacant parcel of land totaling approximately 2.60 acres, located on Meadow Lane in the Village of Southampton, New York, shown as SCTM# 904-23-1-9.1; and

 

              WHEREAS, said property is located in the Village/Hamlet Green/ Parks and Recreation Target Preservation Area of the Community Preservation Project Plan, as sites for park and recreation purposes; and

 

              WHEREAS, James Francis and Edwin J. Jacobson have expressed an interest in selling the property to the Town of Southampton at a total cost not to exceed $2,500,000.00; and

 

              WHEREAS, a public hearing was held before the Town of Southampton on May 10, 2005, as part of the Community Preservation Project Plan 2001-2003 to determine if the subject property should be acquired pursuant to §247 of the General Municipal Law and it is felt that this acquisition is the best alternative for the protection of community character of all the reasonable alternatives available to the town, and it was determined that said property should be purchased.

 

              NOW, THEREFORE, BE IT RESOLVED, that the Town of Southampton is hereby authorized to purchase the lands of James Francis and Edwin J. Jacobson, totaling approximately 2.60 acres of vacant land, located on Meadow Lane in the Village of Southampton, New York, shown as SCTM# 904-23-1-9.1 at a total cost not to exceed $2,500,000.00, plus closing expenses for an accurate survey and title insurance; the source of the funding to be the Community Preservation Fund Account GL 31-11-1940-30-6210-0001; and

 

              BE IT FURTHER RESOLVED, that the Supervisor be authorized to enter into a Contract of Sale and execute any documents necessary to close title for said property.

 

69. RES-2005-698 : Authorize Acquisition of Lands of Wright, East Quogue

              WHEREAS, The Town Board of the Town of Southampton has resolved to acquire certain property for preservation in the "Town of Southampton Community Preservation Project Plan 2001-2003" which identifies target areas and properties for acquisition for park, recreation, open space and conservation purposes; and

 

              WHEREAS, Edward F. Wright and Miller J. Wright are the purported owners of a vacant parcel of land totaling approximately 118 acres, located on Lewis Road in East Quogue, New York, shown as SCTM# 900-250-1-1; and

 

              WHEREAS, said property is designated in the Farmland Preservation Target Area of the Community Preservation Project Plan, as sites for preservation and open space; and

 

              WHEREAS, Edward F. Wright and Miller J. Wright have expressed an interest in selling the Development Rights of approximately 53 acres of the property to the Town of Southampton at a total cost not to exceed $2,650,000.00; and

 

              WHEREAS, a public hearing was held before the Town of Southampton on May 10, 2005, as part of the Community Preservation Project Plan 2001-2003 to determine if the subject property should be acquired pursuant to §247 of the General Municipal Law and it is felt that this acquisition is the best alternative for the protection of community character of all the reasonable alternatives available to the town, and it was determined that said property should be purchased.

 

              NOW, THEREFORE, BE IT RESOLVED, that the Town of Southampton is hereby authorized to purchase the Development Rights of lands of Edward F. Wright and Miller J. Wright, totaling approximately 53 acres of vacant land, located on Lewis Road in East Quogue, New York, shown as SCTM# 900-250-1-1 at a total cost not to exceed $2,650,000.00, plus closing expenses for an accurate survey and title insurance; the source of the funding to be the Community Preservation Fund Account GL 31-11-1940-30-6210-0001 and/or the Farmland Bond Account GL 80-10-1940-21-6210-0000; and

 

              BE IT FURTHER RESOLVED, that the Supervisor be authorized to enter into a Contract of Sale and execute any documents necessary to close title for said property.

 

70. RES-2005-699 : Warrant #9 - Dated May 13, 2005

RESOLVED, per the recommendation and approved by the Town Comptroller, the Town of Southampton Warrant #  9 dated  May 13, 2005 be approved in the amount of $ 4,636,777.84

                           

 

This total includes the following manual checks :

 

Araiys Design              $5,157.50

Cannon Business Solutions              609.71

Long Island Power Authority              3,518.13

ARA Plumbing & Heating              1,117.50

John Armstrong              813.00

Eastern LI Branch NAACP              450.00

G E Capital Corp.              310.78

Metropolitan Museum of Art              435.00

Mary O’Brien              961.00

Joan Roseman              1,331.00

The CIT Group              1,019.60

Delge Landen Financial              127.28

Fidelity National Title Ins.              859.00

Fidelity National Title Ins.              75.00

Fidelity National Title Ins              264.59

Helen Goff              65,189.22

Inter Dyn AKA              44,680.00

North Sea Trucking              742.50

One Beacon Insurance Company              737.00

Sandpebble Builders              3,280.13

Sandpebble Builders              1,376.40

Suffolk County Treasurer              1,546.19

Medicare Checks              2,346.00

Center Moriches Paper              419.64

IOS Capital               230.53

Postmaster Southampton              300.00

Mary E. Voisey              67.50

ARA Plumbing & Heating              10,850.00

Robert Half International              9,240.00

NYS Dept of Envir Conservation              700.00

Suffolk County Break              250.00

Suffolk County Water Authority              7,849.60

Reed Rubin              2,674,000.00

W. J. F. Realty              1,146,000.00

Bank of America              50,360.88

Glenn Falls National Bank              12,480.00

Thomas De Mayo              950.68

Meg Schutt              125.00

Barbara Wilson              110.67

                                                                                                                                           

 

71. RES-2005-700 : Authorize Southampton Youth Services, Inc. to Move Forward with Phase II of Their Expansion Plan At North Sea Park

 

WHEREAS, SYS has designed and constructed a recreational center on Town-owned property at North Sea Park and manages said facility for the Town pursuant to a Management Agreement dated December 12, 2003;

 

WHEREAS, Manager wishes to expand the facility by enclosing the pool area at its southerly end and by adding tennis courts and related improvements at its northerly end, all as shown on that certain plan dated May 5, 2005 and entitled Proposed Extension of Parcel A  (“Plan”);

 

WHEREAS, Paragraph 10 of the Management Agreement provides that any such expansion shall be subject to the prior written approval of the Town and, if approved, to the applicable laws, regulations and ordinances of the Town;

 

WHEREAS, the Town Board finds that the Plan is consistent with the Town’s North Sea Recreation Master Plan; now, therefore, be it

 

RESOLVED, that SYS is hereby authorized to implement its expansion plans for the recreation center as shown on the Plan; and be it further

 

RESOLVED, that the Town Board hereby waives all Town fees associated with site plan applications, building permit applications and any other Town approvals or permits required in connection with such expansion; and be it further

 

RESOLVED, that any further expansion plans are subject to Town Board review and approval.

 

72. RES-2005-701 : Budget Appropriation for the Department of Land Management

                            BE IT RESOLVED, the Town Board of the Town of Southampton authorizes the Town Comptroller to appropriate $27,000 from Appropriated Fund Balance Contingency (#22-00-0000-10-9090-0000) to the Department of Land Management Consultant Account

              (#22-82-8021-20-6490-0000) for payment of professional services to Review the Draft and Final EIS for the Rivercatwalk PDD Zone Change Petition.

 

 

73. RES-2005-702 : Authorization for Nancy Lynott, Youth Bureau Director to Travel to Children and Family Services Training Conference In Albany, N.Y. Using Town Vehicle
Whereas, the Director of the Southampton Town Youth Bureau Nancy Lynott is charged with providing the young people of Southampton Town with positive youth development activities; and

Whereas, research and updated information regarding best practices in providing youth services is continually being accumulated and presented; and

Whereas, to manage the Southampton Town Youth Bureau most effectively, the Director must be aware of all new information and resources; now therefore be it

Resolved, Nancy Lynott be authorized to attend, for one day, the Children and Family Services Training Conference on Tuesday, May 10, 2005, in Albany using a Southampton Town vehicle; and be it further

Resolved, any additional incurred expenses up to $100 will be paid for through the Human Services Travel Budget 01.50.7332.20.6416.0000.


74. RES-2005-703 : Budget Transfer - Trustees (Equip Rep to Fuel Oil)

RESOLVED, as per the recommendation of the Board of Trustees, that the Town Board approve the following budget transfer for the purpose of purchasing fuel oil for Jackson Avenue shop.

 

              FROM CODE                                          DESCRIPTION                            AMOUNT

              01.10.8700.20.6406.0000              Repair Equipment                            $1,400.00

 

              TO CODE                                          DESCRIPTION                            AMOUNT

              01.10.8700.20.6405.0000              Fuel Oil                                          $1,400.00

 

75. RES-2005-704 : Notice of Public Hearing for Review and Comment Regarding Draft Environmental Impact Statement (DEIS) for Maritime PDD Zone Change Application of Rivercatwalk

WHEREAS, on May 2, 2001, the Town Board of the Town of Southampton received a Petition for a CHANGE OF ZONE to a ‘MIXED-USE AND MARITIME PDD’ for the RIVERCATWALK development proposal; and 

 

WHEREAS, the development concept involves the construction of a four-story 83,441 sq. ft. waterfront hotel with catering and conference facilities (to include accessory recreational amenities such as an inground pool, mini-golf/playground area and waterfront access points /canoe launch), four (4) two-story (40-unit) extended-stay cottages (three 7,290 sq. ft. and one 3,372 sq. ft.), and a 16,000 sq. ft. restaurant/office/retail building; and

 

WHEREAS, the 19.825 acre subject property is located between Flanders Road and the Peconic River, approximately 450 ft east of the traffic circle forming the intersection of Flanders Road, Riverleigh Avenue, Peconic Avenue and Riverhead Moriches Road, within the existing Resort Waterfront Business (RWB) Zoning District, Highway Business Zoning District and R-80 Residence, in Southampton and is identified as Suffolk County Tax Map Parcels 900-118-02-9, 13-16, 18, 20.1, 25 and 900-118.1-1-2; and

 

WHEREAS, on November 27, 2001, by Resolution No.1631, the Town Board of the Town of Southampton assumed lead agency and issued a POSITIVE DECLARATION, thus requiring the preparation of an Environmental Impact Statement (EIS) to address the overall project impacts identified in said positive declaration; and

 

WHEREAS, on March 22, 2005, the Town Clerk received a second Draft Environmental Impact Statement (DEIS) from the project sponsor; and

 

WHEREAS, pursuant 6 NYCRR § 617.9, the Town Board as lead agency has determined to accept the draft EIS as adequate with respect to its scope and content for the purpose of commencing public review; and said Notice of completion shall be filed in the manner prescribed by SEQRA §617.12; now

 

              THEREFORE, BE IT RESOLVED, that the Town Clerk is hereby authorized to publish the following Notice of Public Hearing:

 

                            NOTICE OF PUBLIC HEARING

 

TAKE NOTICE, that a public hearing will be held by the Town Board of the Town of Southampton on June 28, 2005, at 7:00 p.m. at the Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against the subject of a Draft Environmental Impact Statement (DEIS) prepared for the Maritime PDD zone change application of Rivercatwalk. The development concept of this application involves the construction of a four-story 83,441 sq. ft. waterfront hotel with catering and conference facilities (to include accessory recreational amenities such as an inground pool, mini-golf/playground area and waterfront access points /canoe launch), four (4) two-story (40-unit) extended-stay cottages (three 7,290 sq. ft. and one 3,372 sq. ft.), and a 16,000 sq. ft. restaurant/office/retail building on a 19.825 acre subject property located between Flanders Road and the Peconic River, approximately 450 ft east of the traffic circle forming the intersection of Flanders Road, Riverleigh Avenue, Peconic Avenue and Riverhead Moriches Road, within the existing Resort Waterfront Business (RWB) Zoning District, Highway Business Zoning District and R-80 Residence, in Southampton identified as Suffolk County Tax Map Parcels 900-118-02-9, 13-16, 18, 20.1, 25 and 900-118.1-1-2.

 

 

Copies of the proposed Zone Change application and DEIS 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

MARIETTA M. SEAMAN, TOWN CLERK

 

 

BE IT FURTHER RESOLVED, the Town Clerk shall also contain this public hearing notice in the Notice of Completion.

 

 

 

 

             

 

 

76. RES-2005-705 : Residential Sprinklers Course
RESOLVED, based on the recommendation of the Public Safety Administrator/Chief Fire Marshal Cheryl Kraft the Town Board authorizes Assistant Chief Fire Marshal Scott Davonski, Fire Marshals Chris Hansen and Al Tyczkowski to attend a Residential Sprinklers Course at the Rockland County Fire Training Center in Pomona, New York on Tuesday May 17th, 2005 for a one (1) day course at a cost of $297.00 ($99.00 for each) and a Town vehicle is to be used for transportation. Reimbursement for travel not to exceed $150.00; and be it further

RESOLVED, this will be funded through the Department of Public Safety Fire Prevention Schools and Training Account 01-20-3410-20-6450-0000)and Travel Account 01-20-3410-20-6416-0000).
77.
78. RES-2005-706 : Authorization for Senior Services Director Pamela Giacoia and Transportion Supervisor Rita Lamison to Attend Annual Community Transportation Association Conference and Expo
Whereas, continued education has been deemed vital to the proper departmental functions of the Human Services Transport division; and

Whereas, the Community Transportation Association of America will hold its annual conference and Expo in St. Louis MO on May 21-27; and

Whereas, the Senior Services Director has recommended that she and her transportation supervisor attend this conference that will provide vital training sessions on key topics including a three-day intensive certified community transit supervisory workshop and a special conference on the future of senior mobility for America's elders entitled, "Mobility for Life"; and

Whereas, this conference will bring together community and public transportations most respected trainers and experts as well as vital timely topics; now therefore be it

Resolved, Pamela Giacoia and Rita Lamison are authorized to attend the Community Transportation Association of America annual conference on May 21 - 27, 2005; and be it further

RESOLVED, conference, lodging and travel expenses incurred up to $4,500 will be paid for by the Human Services Transport Account 01.50.7615.20.6416.0000.

79.
80. RES-2005-707 : Budget Transfer Human Services

 

WHEREAS, additional funds are needed in the Human Services Transportation Travel account in order to pay for a transportation conference and educational seminar,

now therefore be it

 

RESOLVED, as per the recommendation of the Director of the Department of Human Services, that the Town Board approve the following budget transfer:

 

FROM

01.50.7615.20.6100.0000               Human Services Transport Salaries              $2,500.00

             

 

TO

01.50.7615.20.6416.0000              Human Services Transport Travel              $2,500.00

             

 

81.
82. RES-2005-708 : Resolution In Support of "SERVE" Act Proposal for $1,000 Income Tax Credit for EMS/Fire Volunteers

 

WHEREAS, approximately 3 million residents of Nassau and Suffolk Counties rely on a nearly all volunteer firefighting force and volunteer emergency medical services crews; and

 

WHEREAS, according to the Firemen’s Association of the State of New York (FASNY) and the New York State Association of Towns, enrollment of volunteer firefighters and ambulance workers has dropped 28% state-wide over the last ten years, and

 

WHEREAS, numerous studies have shown that there are considerable savings to taxpayers from volunteer corps’ providing these fire protection and ambulance services and if there became a need for paid emergency service providers, there could be as much as a 25% to 30% increase in local property taxes; and

 

WHEREAS, there is a need nation-wide for additional measures to sustain the volunteer tradition in community-based emergency services with recruitment and retention strategies; and

 

WHEREAS, United States Senator Charles Schumer has introduced legislation entitled the “Supporting Emergency Responders Volunteer Efforts (SERVE) Act” which offers a $1,000 federal income tax credit for active members of volunteer fire departments and ambulance corps; and

 

WHEREAS, the Town of Southampton is supportive of recruitment and retention strategies and incentives that show gratitude for the sacrifices made by EMS / Fire volunteers; and now

 

THEREFORE BE IT RESOLVED that the Town Board hereby adopts this resolution in support of the SERVE Act (Schumer-Hinchey Bill S. 625, H.R. 934) which offers a $1,000 federal income tax credit to active members of volunteer fire departments and community ambulance corps as an important recruitment and retention tool; and

 

BE IT FURTHER RESOLVED that the Town Clerk shall forward a copy of this resolution to:

 

U.S. Senator Charles Schumer

Congressman Tim Bishop

Senator Ken LaValle

Assemblyman Fred Thiele

County Legislator Jay Schneiderman

Southampton Town Fire Chiefs Council

Southampton Town Fire Districts Association

Southampton Town EMS Advisory Association

Peconic Chiefs Council

Suffolk County Ambulance Chiefs Association

Suffolk County Fire Chiefs Association

Suffolk County FRES

East End Supervisors and Mayors Association

Suffolk County Supervisors Association

New York State Volunteer Rescue Association

 

 

 

83.
84. RES-2005-709 : Resolution In Support of Assembly Bill 7688 Increasing Certain Benefits to Fire/EMS Volunteers Who Have Died In the Line of Duty

 

WHEREAS, approximately 3 million residents of Nassau and Suffolk Counties rely on a nearly all volunteer firefighting force and volunteer emergency medical services crews; and

 

WHEREAS, Assembly Bill #7688 has been proposed to provide a cost of living adjustment to certain benefits of volunteer firefighters and volunteer ambulance workers and increasing certain benefits provided to such Fire/EMS volunteers who have died in the line of duty; and

 

WHEREAS, each member of a volunteer fire department and volunteer ambulance corps volunteers hundreds of hours of time each year to participate in the fire protection needs and provide emergency medical care to those in need in their communities.  Selflessly and with sheer dedication to their community, Fire / EMS volunteers put their lives on the line to assist people in dire circumstances and needing urgent medical attention;  and

 

WHEREAS, the current level of certain benefit programs was set over 15 years ago and therefore it is appropriate to provide a cost-of-living adjustment for such benefit programs for Fire/EMS volunteers; and

 

WHEREAS, the Town of Southampton is supportive of Assembly Bill #7688, which enhances existing benefit programs and provides greater incentives that reflect gratitude for the sacrifices made by EMS / Fire volunteers; and

 

WHEREAS, the recent loss of two dedicated individuals, Heidi Behr and William Stone, who died in the line of duty on May 3, 2005 while serving the emergency medical service needs within the Riverhead Volunteer Ambulance Corps prompts a request for Assembly Bill #7688 to be amended or supplemented by separate legislation for retroactive status for such benefit programs; and now

 

THEREFORE BE IT RESOLVED that the Town Board hereby adopts this resolution in support of  Assembly Bill #7688 and also requests state lawmakers to consider an amendment or additional state legislation to allow retroactive coverage to include Heidi Behr and William Stone, who died in the line of duty on May 3, 2005; and

 

BE IT FURTHER RESOLVED that the Town Clerk shall forward a copy of this resolution to:

 

Assemblyman Robert Sweeney (Sponsor Assembly Bill No. 7688)

Assemblywoman Pat Acampora

Assemblyman Fred Thiele

Senator Ken LaValle

Southampton Town EMS Advisory Association

Southampton Town Fire Chiefs Council

Southampton Town Fire Districts Association

North Fork Volunteer Rescue Alliance

Peconic Chiefs Council

Suffolk County Ambulance Chiefs Association

Suffolk County Fire Chiefs Association

Suffolk County FRES

East End Supervisors and Mayors Association

Suffolk County Supervisors Association

New York State Volunteer Rescue Association

 

 

85.
86. RES-2005-710 : Suspension of Police Officer John Giambone

 

WHEREAS, John Giambone is employed by the Town as a police officer; and

 

WHEREAS, disciplinary charges were served upon Officer Giambone by the Chief of Police; and

 

WHEREAS, Section 155 of the Town Law authorizes the suspension, without pay, of a police officer charged with misconduct pending the disposition of the disciplinary charges; and

 

WHEREAS, the Chief of Police has recommended Officer Giambone’s suspension without pay; now, therefore, be it

 

RESOLVED, that Officer Giambone is suspended, without pay effective May 11, 2005, pending the disposition of the disciplinary charges preferred against him.

 

87.
88. RES-2005-711 : Authorization to Tow Vehicles that Occupy or Continue to Occupy the Bridgehampton Municipal Parking Lot During Reconstruction

 

WHEREAS, the Town of Southampton is committed to improving, where necessary, those roads, highways, and parking lots that are in need of repair; and

 

WHEREAS, the Bridgehampton municipal parking lot, located east of School Street and south of Montauk Highway, is in need of repair; and

 

WHEREAS, the Town Board has previously authorized the repair and reconstruction of said parking lot in an effort to improve the existing conditions and respond to community concerns; and

 

WHEREAS, pursuant to section 312-62(B)(1) of the Town Code, portions of said parking lot are designated for long-term parking by permit only; and

 

WHEREAS, this provision indicates, however, that in no case shall any vehicle park in said parking lot for more than seven days; and

 

WHEREAS, overnight and long-term parking is prohibited in all other spaces within said parking lot; and

 

WHEREAS, in furtherance of this effort to improve the Bridgehampton municipal parking lot, the Superintendent of Highways has posted the property, indicating that all vehicles must be removed for reconstruction; and

 

WHEREAS, said postings have been displayed at the entrance and exit of said parking lot for more than ten days; and

 

WHEREAS, pamphlets have been distributed and placed on each vehicle in said parking lot indicating that all vehicles must be removed for reconstruction; and

 

WHEREAS, barricades have been placed at the entrance and exit of said parking lot in anticipation of said reconstruction; and

 

WHEREAS, the Southampton Town Police Department has notified or attempted to notify individuals possessing long-term parking permits that all vehicles must be removed for reconstruction; and

 

WHEREAS, despite these efforts, vehicles still remain parked in the Bridgehampton municipal parking lot; and

 

WHEREAS, given the above facts, said vehicles have either (i) been parked in said lot for more than seven days, in violation of Town Code Section 312-62(B), or (ii) have been parked in said lot despite the posted notices, pamphlets, and barricades; and

 

WHEREAS, it is necessary to commence the reconstruction and repair of said parking lot immediately; now therefore be it

 

RESOLVED, that the Town Board of the Town of Southampton hereby authorizes the Southampton Town Police Department to tow any and all vehicles, at the owner's expense, that occupy or continue to occupy the Bridgehampton municipal parking lot in violation of section 312-62(B) of the Town Code and/or the postings, pamphlets and barricades currently at the site in order to facilitate the reconstruction of said lot.

 

 

 

89.
VI. Motions



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