Special Town Board Meeting of April 29, 2005, New York 12:00 Meeting called to order on April 29, 2005 at Town Hall - Town Board Room, 116 Hampton Road,, NY. Attendee Name Dennis Suskind Linda Kabot Nancy Graboski Patrick Heaney Steven Kenny Kathleen Murray Organization Title Status Arrived Councilman Absent Councilwoman Present 12:00 Councilwoman Present 12:00 Supervisor Present 12:00 Councilman Present 12:00 Assistant Town Present 12:00 Attorney Public Portion Statements Jean Sinnenberg requested the Town Board to Table Resolution 599 for the Stella Shows. She has made a proposal to the Bridgehampton Historical Society and they will have a response by Monday. Motions Resolutions RESOLUTION: 2005-568 CATEGORY: Budget & Finance SPONSORED BY: Supervisor Patrick Heaney DEPARTMENT: Comptroller Tabled 4/26/2005 7:00 2004 Year End Budget Transfer Tabled From 04/29/2005 12:00 & 04/26/2005 01:00 RESOLVED, per the recommendation of the Town Comptroller, the following year end budget transfers be approved by the Town Board FROM 14-9710-27000-0000 Serial Bond Interest $47,000. 14-9060-28000-0000 Hospitalization Ins. $25,462. 2005-04-29 12:00 Page 1
14-9010-28000-0000 Employee Retirement $ 8,000. TO 14-3120-21000-0000 Salaries $55,000. 14-3120-21100-0000 Longevity $21,000. 14-3120-24010-0000 Contracts $ 8,000. AND BE IT FURTHER RESOLVED, the Town Comptroller is authorized to make any and all necessary changes as directed by this resolution. Vote Record - Resolution 2005-568 as Amended Linda Kabot Seconder Tabled Withdrawn Patrick Heaney Initiator Next: May 6, 2005 10:00 AM Steven Kenny Voter RESOLUTION: 2005-599 CATEGORY: Permits SPONSORED BY: Councilman Dennis Suskind DEPARTMENT: Town Clerk Tabled 4/26/2005 7:00 Issue Special Event Permit to Stella Shows Tabled From 04/29/2005 12:00 & 04/26/2005 01:00 RESOLVED, that a Special Event Permit be and hereby is issued to Stella Shows for an Antiques and Design Show for the following. Benefit Preview Evening and Cocktail reception on June 24 from 6 to 9. Show dates June 25 & 26 10AM to 6. Benefit Preview Evening and Cocktail reception on July 29 from 6 to 9. Show dates July 30 & 31, 2005 from 10AM to 6. RESOLVED, that upon the recommendation of the Town Police Department the following will apply: 1. Emergency access to the event site shall be maintained at all times. 2. Traffic Control Officers will be assigned to the area of the event location during the three day event to assist with pedestrian and vehicular traffic. RESOLVED, that upon the recommendations of the Fire Marshal the following will apply: 1. Access for emergency apparatus to be maintained. 2. Tent permits required for all structures in excess of 200 square feet. 3. Emergency lights required for all tents with activities occurring after sunset. 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 406. 6. Require employee training plan in conformity with the Fire Code of the State of New York Section 406. 2005-04-29 12:00 Page 2
7. Occupant load for 50'x80' tent limited to 267 people with tables and chairs; 571 for standing or 133 for retail displays. Occupant load for 60'x80' tent limited to 320 people with tables and chairs; 686 for standing or 160 for retail displays. Occupant load for 20'x40' tent limited to 53 people with tables and chairs; 114 for standing or 27 for retail displays. 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. For tents with an occupant load of 500 to 999 a minimum of 4 exits shall be provided; minimum width of each means of egress shall be 96 inches. (Fire Code of NY Chap 24, Section 2410) 9. Smoking is not permitted within the tents (Fire Code of NY Chapter 24, Section 2406.5.) 10. Portable fire extinguishers required in accordance with the Fire Code of NY Chapter 9, Section 906) 11. Noise from the event shall not exceed the parameters defined in the Code of the Chapter 235 sections 2 and 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 NY State Chapter 2417) Vote Record - Resolution 2005-599 as Amended Linda Kabot Voter Tabled Nancy Graboski Initiator Withdrawn Patrick Heaney Voter Next: May 6, 2005 10:00 AM Steven Kenny Seconder Vote Record - Motion to <Add Resolution #2005-633> Linda Kabot Initiator Withdrawn Patrick Heaney Seconder Steven Kenny Voter RESOLUTION: 2005-633 CATEGORY: Miscellaneous SPONSORED BY: Councilwoman Linda Kabot DEPARTMENT: Town Council Memorializing Resolution In Support of Hampton Bays Historical Society s Application for Funding Assistance for Building Improvements on Ada s Attic (King House) WHEREAS, the Hampton Bays Historical and Preservation Society has submitted a grant application for funding through the New York Main Street Program, which is administered by the NYS Housing Trust Fund Corporation, for its proposed building improvement project on the property known as Ada s Attic (King House), SCTM #0900-223-01-18.3, located at 116 W. Montauk Highway in the central business district in the Hamlet of Hampton Bays; and 2005-04-29 12:00 Page 3
WHEREAS, the following activities can be funded in part through the NY Main Street Program: Façade Renovation - Matching grants of up to $10,000 per building, but not to exceed 50% of total cost, can be provided to owners for façade renovations. Building Renovation - Matching grants of up to $50,000 per building, but not to exceed 50% of total cost, can be provided to owners for renovation of commercial/civic space on first floor and residential units above. Downtown Anchors - Matching grants of up to $100,000 per building, but not exceeding 25% of project cost, can be provided to owners to help establish or expand cultural or business anchors that are identified in a local plan as key to the revitalization effort. Developments that incorporate residential units on the upper floors will receive priority for funding. Streetscape Enhancement - grants of up to $25,000 for programs to plant trees and other landscaping, install street furniture and trash cans, provide appropriate signs in accordance with a local signage plan, and other appurtenant activities. Street lighting may be eligible for funding where applicants can satisfy all feasibility issues. A streetscape enhancement grant will only be awarded if it is ancillary to a program providing building renovation or downtown anchor grants. WHEREAS, the Hampton Bays Historical and Preservation Society has submitted an application to the New York Main Street Program requesting $100,000 in funding to help establish the building as a cultural and business anchor, consistent with following goals and objectives identified in the Town Comprehensive Plan: - Strategies for preserving s architectural, scenic, and historic resources include economic development and tourism in a manner which link historical and cultural attributes in order to spur resident and visitor appreciation of the Town s historic character, including heritage features that help enhance the ambiance of downtown areas. - The Town should continue to promote historic and scenic preservation and support - in general - the efforts of the Town s many historical associations, societies, and museums. - The educational and tourism impact of architectural, scenic, and historic resources would be enhanced by linking them together with publications, maps, heritage area designations, walking tours, museums / interpretative centers and visitors centers. WHEREAS, by Resolution No. 1470 of 2004, the authorized the acquisition of the real property known as Ada s Attic (King House) through the Community Preservation Fund (CPF) Program, which property contains a hamlet heritage resource which was originally constructed in 1830's and has been found by the Town Board to be important to community character and the downtown streetscape of the Hamlet of Hampton Bays; and WHEREAS, by Resolution No. 543 of 2005, the Town Board, in its capacity as Commissioners of the Hampton Bays Park District, authorized an Order to acquire a real property interest (e.g. construction easement ) on said property which has been made an improvement of the Hampton Bays Park District and annual tax levy of said special assessment district in the amount of $20,000 for ongoing renovation and maintenance of said hamlet heritage resource; and WHEREAS, by Resolution No. 544 of 2005, the Town Board authorized a Management Agreement with the Hampton Bays Historical and Preservation Society to be steward of said real property made an improvement of the Hampton Bays Park District to provide for uses 2005-04-29 12:00 Page 4
within the building in keeping with cultural, recreational, and park purposes; and WHEREAS, said stewardship agreement requires the Hampton Bays Historical and Preservation Society to ensure ongoing fundraising efforts for its building improvement plans, which include securing landmark designation of the hamlet heritage resource; and WHEREAS, by Town Board Resolution No. 468 of 2005, the Town Board noted that the Hampton Bays Historical Society and the Hampton Bays Chamber of Commerce are the primary sponsors of the proposed project and grant application which requested $30,000 in financial assistance from the Suffolk County Downtown Revitalization Program and for which each will contribute $5,000 towards the renovation project, which will result in the use of the Ada's Attic building as a museum and office for the Hampton Bays Historical Society and the Hampton Bays Chamber of Commerce; and WHEREAS, the Hampton Bays Historical and Preservation Society s grant application to New York Main Street Program seeks to implement goals and objectives of the Town and the terms of the Management Agreement to improve the building s façade, complete necessary renovations, enhance the streetscape and establish a downtown anchor, and create an improved quality of life for community residents and area businesses, and therefore be it RESOLVED, that the Town Board adopts this resolution in support of the application by Hampton Bays Historical and Preservation Society for the New York Main Street Program for the implementation of the King House Building Improvement Project (formerly, Ada s Attic ) in the central business district of Hampton Bays, on land owned by the ; and be it FURTHER RESOLVED, that one (1) certified copy of this Resolution be prepared by the Town Clerk and sent to the NYS Housing Trust Fund Corporation, Hampton Plaza, 1st Floor, 38-40 State Street, Albany, NY 12207. Vote Record - Resolution 2005-633 as Amended Linda Kabot Initiator Tabled Patrick Heaney Seconder Withdrawn Steven Kenny Voter Vote Record - Motion to <Add Resolution #2005-634> Linda Kabot Voter Withdrawn Patrick Heaney Initiator Steven Kenny Seconder RESOLUTION: 2005-634 CATEGORY: Public Hearings SPONSORED BY: Supervisor Patrick Heaney DEPARTMENT: Town Attorney 2005-04-29 12:00 Page 5
Notice of Public Hearing to Amend Zoning Map to Change Parcel of the Zoning Classification OSC to R-60, Water Mill RESOLVED, that the Town Clerk s Office 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 on May 24, 2005 at 7:00 p.m. at Town Hall, 116 Hampton Road,, New York, to hear any and all persons either for or against A LOCAL LAW amending the zoning map of the, as defined in Chapter 330 entitled 'Zoning' of the Code of the, in order to change a parcel that was incorrectly zoned Open Space Conservation and Park District (OSC) to Residence (R-60). The parcel represents approximately 1 acre located at 493 Rose Hill Road, within the hamlet of Water Mill,, and is further identified on the Suffolk County Tax Map as 0900-115-3-19. 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 A LOCAL LAW amending Chapter 330, Zoning, concerning the official Zoning Map of the in order to change the zoning district of a particular parcel from OSC to R-60. BE IT ENACTED by the Town Board of the as follows: SECTION 1. Legislative Intent. The owners of a particular parcel of land within the have requested that the premises be rezoned from OSC (Open Space Conservation and Park District) to R-60 (Residence). This parcel represents approximately 40,000 square feet, or 1 acre of land located at 493 Rose Hill Road in the hamlet of Water Mill and is identified on the Suffolk County Tax Map as 0900-115-3-19. A review of the files maintained by the Town reveals that the OSC classification of this particular parcel first appeared in 1984, as part of the Town's implementation of the 1983 Master Plan. But, as indicated in section 330-27 of the Town Code, land in private ownership may only be considered for inclusion in the OSC District where approval for such designation is requested, in writing, by the fee owner. Here, the property owners have indicated (i) that they have owned the property, in fee, since 1976, and (ii) they have never requested, in 2005-04-29 12:00 Page 6
writing or otherwise, that the zoning of the parcel be changed to OSC. Indeed, obtaining permission from the fee owner that their parcel be placed in the OSC zone has been a requirement since the creation of the zone in 1984, in large part because of the restrictions and encumbrances that attach to an OSC parcel. A further review of the records of the Building Department confirms that the property owners have never requested, in writing, that the property be zoned OSC. Thus, because the Town is satisfied from the evidence provided that the OSC zoning classification was a mistake, the subject premises should be rezoned to R-60, a classification consistent with the residential density for this area. SECTION 2. Map Amendment Chapter 330 of the Town Code (Zoning Map) is hereby amended by changing the zoning district for a particular parcel that was incorrectly zoned Open Space Conservation and Park District (OSC) to Residence (R-60). This parcel represents approximately 40,000 square feet, or 1 acre, and is located at 493 Rose Hill Road, in the hamlet of Water Mill,. The parcel is identified on the Suffolk County Tax Map as 0900-115-3-19. SECTION 3. Severability If any 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 local law shall take effect upon filing with the Secretary of State pursuant to the Municipal Home Rule Law. Vote Record - Resolution 2005-634 as Amended Linda Kabot Voter Tabled Patrick Heaney Initiator Withdrawn Steven Kenny Seconder Vote Record - Motion to <Enter Motion> Linda Kabot Voter Nancy Graboski Voter Withdrawn Patrick Heaney Initiator Steven Kenny Seconder 2005-04-29 12:00 Page 7
A motion was made by Supervisor Heaney seconded by Councilman Kenny to adjourn the meeting at 1. Motion carried 4-0. 2005-04-29 12:00 Page 8