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Hamptons.com
October 22, 2013

Hamptons Real Estate: How is the Town of Southampton Trying to Preserve the Land?

John A. ViterittibyJohn A. Viteritti
in Real Estate
Home Real Estate

The Hamptons is a thriving year-round community with a healthy tourist industry. It is the preservation of land that since the 1970’s has kept the vistas serene. We wondered, just what is Southampton doing to preserve the natural landscapes? The answers might surprise you.

“Suffolk County is the leading agricultural county in New York State in dollar amounts of agricultural products grown,” according to Wikipedia, the free online encyclopedia. “The eastern end of Suffolk County supports a thriving tourist industry because of its many miles of sandy beaches, open spaces, and rural atmosphere.”

I met with Town of Southampton Planning Director, David Wilcox, to discuss ways that the Town in the heart of the Hamptons is attempting to preserve the rural character of Southampton. The concerted effort began in the 1970’s when the newly elected Suffolk County Executive, John Klein, envisioned the idea of purchasing farmland development rights.

By the early 1980’s, Suffolk County towns, including Southampton, sold bonds to raise money to purchase development rights. This effort toward, land preservation was followed in 1998, when residents of the five towns of Eastern Long Island – Southampton, East Hampton, Shelter Island, Southold and Riverhead – voted to approve a referendum creating the Community Preservation Fund, financed by a 2% tax on the transfer of real property, known locally as “The 2% Tax” at a closing.

In Southampton, East Hampton, and Shelter Island, the first $100,000 of the sale of unimproved properties is exempt, and the first $250,000 of improved properties is exempt. In Southold and Riverhead, the first $75,000 of the sale of unimproved properties is exempt, and the first $150,000 of improved properties is exempt. Southampton, East Hampton, and Shelter Island allow an exemption from the tax for qualified first-time purchases of a primary residence. Currently, Southold and Riverhead do not. In 2006, the voters in the five towns extended the program from 2020 to 2030. The County also sets aside 1/4% of the sales tax for preservation.

The Town of Southampton began its participation by identifying properties that qualified for preservation based on the environmental benefits to be derived from their purchase. Owners of properties not on the qualified list who are interested in selling the properties may ask the Town to amend the list. The Town may also purchase properties of historic value.

Another tool that the Town may use in its efforts to achieve preservation and achieve an orderly development for a variety of housing choices is the use of the transfer of development rights (TDR Program). If the town purchases those rights, it may “bank” them if the right to do so is included in the resolution authorizing their purchase. These rights can then be transferred to developers as an incentive to preserve other properties or build affordable housing. The Town is in the process of creating a registry of rights the Town has acquired and make it available to developers who may use them for sanitary sewer credits for Department of Health approval.

The Town has also identified “sending” districts, areas of high density, and “receiving districts,” areas of low density. In some cases, the TDR Program will allow development of greater residential density than would be allowed in the receiving districts. The Pines Barren Area, although not administered by the Town of Southampton, is a residential receiving district. The town also tries to encourage the development of affordable housing in its zoning code by allowing increased density for affordable housing. Another attempt at making housing more affordable is the planned clustering in sub-division approvals. The Town has the authority to make the planned clustering mandatory.

A further attempt to encourage preservation is the exclusion of properties gifted to the Town and the payment of the Community Preservation Fund Tax. Non-profits involved in preservation, such as the Peconic Land Trust, are also exempt from having to pay the tax, although contrary to popular belief, the CPF taxes do not go to the Peconic Land Trust.

In addition to purchasing properties and development rights with the CPF funds, the Town may also borrow from anticipated revenues through 2030 when the fund is due to expire.

On May 31, 1931, the Town of Southampton created the Town Planning Board. Before that date, “Old File Maps” determined property uses. The Town did not have the benefit of zoning or planning board review. Properties on Old File Maps are non-conforming, and although non-conforming permits the use that was conforming before the change in zoning, the Town does place restrictions on the development of these properties out of environmental concerns. To implement the TDR Program, the Town Board created the Southampton TDR Clearing House & Bank pursuant to Town Code Chapter 244(6). The bank will issue TDR Certificates through a procedure set forth in the Town Code section 244 and monitor their use in receiving areas. The Town is hopeful that developers will seek the opportunity to take advantage of the granting of these Certificates. The landowner does not have to wait to find a buyer to receive the Certificates. The Town can issue the credit to the owner, the land is preserved freeing the owner of tax payments, and the Certificates can be marketed.

Anyone interested in learning more about this program may contact David Wilcox, Planning Director, Town of Southampton Department of Land Management. He can be reached either online at [email protected] or via 631-702-1810.

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  • Chef’s Spotlight: Casual Luxury, Jean-Georges at Topping Rose House

Topping Rose House, nestled in the heart of Bridgehampton, is a beacon of sophistication and culinary excellence in the Hamptons. This iconic destination has earned its reputation as a bastion of luxury and style, making it a must-visit for locals and visitors alike seeking an unforgettable dining experience.

At the helm of Jean-George at Topping Rose House’s kitchen is French celebrity chef Jean-Georges Vongerichten—a culinary maestro whose talents have garnered widespread acclaim. The chef’s specialty lies in crafting a menu that harmonizes the finest local ingredients with a global perspective. This fusion of flavors and techniques results in dishes that are not only visually stunning but also explode with taste. @toppingrosehouse

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#dining #hamptons #luxury #toppingrosehouse #bridgehampton
  • Discover Hamptons History with East Hampton Historical Society’s Guided Tours

We all know that September is the best month in the Hamptons. The summer renters have mostly gone (we’ll miss you!). The weather practically demands that you go out for a walk. Maybe you’ve been too busy at the beach or planning activities for the kids, but now that it’s September, take a stroll, stretch your legs, and explore the rich, beautiful history around the Hamptons.

The East Hampton Historical Society is hosting Guided Walking Tours around the Hamptons all September long, so stay a while and listen.

I love walking tours not just because of the guides, who are great storytellers, but the company and conversations sparked with other attendees. We’re the kind of people you’ll see, hands on hips, squinting to read the well-worn plaque on a historical monument. The people who read those brown signs, who pick up and read the local leaflets at a museum or hotel lobby.  @easthampton_histsoc

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#hamptons #history #guidedtour #walking #discoverhamptons
  • Real Estate with Diane Saatchi: The One That Got Away

When most people think back to the one that got away, they think about relationships.

I think about real estate.

After 35 years of selling real estate, I’ve seen more instances of homebuyers and sellers getting fixated on the one that got away than you’d think. For buyers, it could be that perfect three-bedroom waterfront cottage that was snapped up the day after they viewed it.

In cases like these, the one that got away isn’t just a quiet reminiscence — it’s a shadow that falls over the months and even years to come, making it difficult if not impossible for would-be buyers to find something that measures up to what they had, or thought they had, before.

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HamptonsFilm, the home of the Hamptons International Film Festival (HIFF), announced today a handful of additional Spotlight selections, which include Jennifer Esposito’s FRESH KILLS, Andrew Haigh’s ALL OF US STRANGERS, George C. Wolfe’s RUSTIN, and Jonathan Glazer’s THE ZONE OF INTEREST. The 31st annual edition of HIFF will take place October 5-12, 2023, with in-person screenings and events across the Hamptons.

“This year’s Signature programming and Spotlight films include a diverse array of powerful and thought-provoking titles,” said HamptonsFilm Artistic Director David Nugent. “We feel it is important to feature projects that are not only compelling but also socially impactful and capable of sparking a dialogue among our audiences.” @hamptonsfilm

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Yacht Hampton has docked at the Canoe Place Marina on the Shinnecock Canal. Canoe Place Inn & Cottages has been reimagined as a luxurious haven of hospitality, and now, with the arrival of Yacht Hampton, the historic Inn embarks on a prestigious new voyage.

Yacht Hampton is renowned for its expansive fleet and unrivaled service, offering a rich variety of opportunities for excursions in the waters surrounding the Hamptons. Enthusiasts can now indulge in the luxury boating/yachting lifestyle safely without the hassle and prohibitive costs that come with ownership. @canoeplace

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If you can allow yourself to believe it, September in the Hamptons is without a doubt the best month to be here. The traffic has subsided, the parking restrictions have come to an end, and the weather is the kind of weather you wish summer was: not too hot, but definitely still hot enough to go to the beach and enjoy the sunshine, and a lot less humid. September in the Hamptons is simply awesome.

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