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HomeMy WebLinkAboutHotel/Motel 1993local Law No. __, 1993 A Local Law in Relation to Hotel or Motel, Resort BE IT ENACTED, by the Town Board of the Town of Southold as follows: Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended by as follows: Section 100-13 (Definitions) is hereby amended by adding thereto the following: HOTEL OR MOTEL, RESORT - A building or group of buildings, whether detached or in connected units, containing individual guest units consisting of a room arranged or designed to be available for use as sleeping quarters for transients on a daily rental basis or for vacationers or other persons on a weekly rental basis, provided that one (1) such unit may connect directly with not more than (1) other such unit. Each unit shall have a door opening on the exterior of the building or on a common hallway leading to the exterior. Each unit may be equipped with cooking facilities. In permitting the installation of cooking facilities, however, the Town Board wishes to insure that resort motels or hotels do not become permanent residences. To assist in preventing this occurrence, periodic inspections of these premises by the Building Inspector as well as the filing of covenants and restrictions restricting these facilities from becoming permanent residences shall be required by the Town in granting approval for this use. A "resort motel" may include such accessory uses as a beach cabana, private dock, dining room, restaurant or swimming pool, conference and meeting facilities or an accessory convenience shop, office or personal service facility, provided that such facility or shop is located within the building without.any external sign or display and off-street parking facilities. The term "resort motel" shall not be construed to include "transient motel" or "mobile home park." II. This Local Law shall take effect upon its filing With the Secretary of State. PUBLIC HEARING SOUTHOLD TOWN BOARD JUNE 29, 1993 8:07 P.M. IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO HOTEL OR MOTEL, RESORT". Present: Absent: Deputy Supervisor George L. Penny 1V Justice Raymond W. Edwards Councilman Thomas W. Wickham Councilman Joseph J. Lizewski Councilwoman Alice J. Hussie Town Clerk Judith T. Terry Town Attorney Harvey A. Arnoff Supervisor Scott L. Harris DEPUTY SUPERVISOR PENNY: We'll move to public hearing number four, a Local Law change to be read by Councilman Lizewski. COUNCILMAN LIZEWSKI: "Public Notice is hereby given that there has been pre- sented to the Town Board of the Town of Southold, Suffolk County, New York, on the 1st day of June, 1993, a Local Law entitled, "A Local Law in Relation to Hotel or Motel, Resort". Notice is further given that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, Main Road, Southold, New York, on the 29th day of June, 1993, at 8:07 P.M., at which time all interested persons will be heard. This proposed "Local Law in Relation to Hotel or Motel, Resort" reads as follows: BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of $outhold is hereby amended as follows: 1. Section 100-13 (Definitions) is hereby amended by adding thereto the following: HOTEL OR MOTEL, RESORT - A building or group of buildings, whether detached or in connected units, containing individual guest units consisting of a room arranged or designed to be available for use as sleeping quarters for transients on a daily rental basis or for vacationers or other persons on a weekly rental basis, provided that one (1) such unit may be connected directly with not more than one (1) other such unit. Each unit shall have a door opening on the exterior of the building or on a common hallway leading to the exterior. Each unit may be equipped with cooking facilities. In permitting the installation · ' Pg 2 - PH LL Hotel or-~t..btel, resort of cooking facilities, however, the Town Board wishes to insure that resort motels or hotels do not become permanent residents. To assist in preventing this occurrence, periodic inspections of these premises 'by the Building Inspector as well as the filing of covenants and .restriction restricting these facilities from becoming permanent residences shah be required by the Town in granting approval for this use. A "resort motel" may include such accessory uses as a beach cabana, private dock, dining room, restaurant or swimming pool, conference and meeting fa~cilities or an ~ccessor¥ convenience shop, office or personel service facility, provided that such facility or shop is located within the building without any external sign oi~ display and off-street parking facilities. The term "resort motel" shall not be construed to include "transient motel" or "mobile home park". II. This Local !aw sha~l take effect upon its filing with the...Secretary of State. * Underscore. represents addition(s) Copies of thi.s Local. raw are available in the Office of the Town Clerk to any interested persons during business hours. Dated: June 15, 1993. Judith T. Terry, Southold Town Clerk." I have proof of publicatic~n in The Long Island Traveler- Watchman, and. on the Town Clerk's Bulletin Board right out here in the Town Hall June 24, 19'93. Tl?e communications, that were received are first from the Director of Planning. Dear Mrs. Terry, Pursaunt to requirements of Sections A lZ[-14 to 23 of the SuffOlk County Administrative Code, the above referenced appli- .cation which has been ~ubmitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determina- tion should not be construed as either an approval or disapproval. We also have communications from Gerald Goehringer, ZBA Chairman. We have reviewed a copy of' the attached draft of a'"Local Law in Relation to Hotel o'r Motel, Resort" and rquest that re~erences to' 'beach cabana' be further defined, 'or removed from the text. We have had difficulty over the years concerning projects which involved the construction, of a storage building and later converted to a guest cottage or beach house. The eyes of the beholder would decide whether the building is a beach cabana, guest cottage or beach house. Beacl'i cabanas, quest cottages and beach houses are not defined in our zoning code. In order for them to be per- mitted accessory uses, they should'either be defined as an accessory storage building without cooking or sleeping facili~des, or be removed from the text. Thank you for your consid;eration in this regard. We, also, have a letter from the Southold Town Planning Board. Dear Mrs. Terry, The Planning Board adopted the following report at its public meeting on June 14, 1993: Be it resolved that the Planning Board has reviewed this proposed Local Law which will amend the current definition for Resort Motels and Hotels to allow cooking facilites in all guest units. We find we cannot support this proposed legislation as written. The Board is of the opinion that adopting this amendment will be to act in direct opposit~ion to the purpose of the Resort Residential Zoning District as designed by the comprehensiye plan. The purpose of the RR district is to encourage the construction and retention of facilities which would enhance the tourist sector of the local economy. There are relatively few properties zoned for this use, and the Town should taJ~e care to ensure that these properties are developed in a manner that accomplishes our goal. While it is no~ uncommon for resort motels and hotels to have a few units with complete~housekeeping facilities for those quests who may be staying for an extended period of time, the proposed amend- ment would allow every existing and p,ro.posed ,motel room in the Town to be con-. structed or converted to a completely self-sustained housekeeping unit. According · Pg 3 - PH LL Hotel or?~tel, resort r~__ to the U.S. Census, about 35% of the Town's housing stock is used for a second home dwelling. This proposal has the potential to add to this already significant percentage. It will do nothing to preserve lodging places for short-term visitors who may be as vital a part of the tourist economy as the second home owner: The Planning Board would support changing the Zoning Code to allow the addition of complete housekeeping facilities in a small percentage of rooms in each hotel or motel, provided the percentages are determined after a thorough review and consideration of the typical percentages found in resort motels and hotels. Sincerely, Richard G. Ward. That's all the communications. DEPUTY SUPERVISOR PENNY: Thank you, Councilman Lizewski. Is there anybody from the public at this time, that would like to comment on the proposed Local Law change? Please come forward to the microphone, identify yourself. GEORGE WETMORE: My name is George Wetmore, 2200 Sound Drive in Greenport. I have reviewed this proposed law, and we reviewed it in the Master Plan proceedings over the last ten years. It ~as discussed with Councilman Stoutenburgh at that time. They agreed to put it into the Code. However, Murphy's Law took over, and so here we are again. I would allay anyone's fears about anything becoming a residence in a RR zone, because it is not allowed. Number two, if somebody is' managing that site on a daily basis, and on a fee basis, that guy isn't going to let that guy move in because he~s getting whack on the percentage. So, besides the fact, I think the IRS Code says they can't stay more than two weeks anyway, or they lose. The fourth reason, somebody said they are going to be~:ome welfare motels. Now, you Councilman I believe, studied the Zoning Code, and the Map. To my knowledge, are there any RR Zones in Hamlet Districts? No, gentleman, they are all on the water, and nobody~s going to take a $40,000,000.00 site, and make a Iow-family dwelling. It's time we got into the 20th century, even though we're going on the 21st century. Our competition up and down the East Coast is offering these facilities, it increases the opportunities about 20%, and people demand them, even though they don't use them. It's been my experience running sites like this, they may occasionally with family have a preference. Most of the time, they'll go out to lunch and dinner, and may chill a bottle of wine for a sunset, but they're not massively used, but the public demands them. They help the income of the property~ ~hey help the income of the community, because they draw more wealthy tourists to the area, and the quality of the area. I think if we can improve the facilities, and upgrade them to upgrae our tourists to the point that maybe the local shops will survive in the future. Thank you. DEPUTY SUPERVISOR PENNY: Thank you, George. Somebody that would like to speak on this Local Law change at this time? RUTH OLIVA: George, I just really have a question. Do we have any definition in the Code of cooking facilities? I mean is this a hot plate? Is it a full kitchen? Is it a sink, a refrigerator, what have you? Shouldn't there be some sort of a a definition in the Code of iust what are considered cooking facilities? DEPUTY SUPERVISOR PENNY: We do not to my knowledge have a definition of cooking facility. Pg 4 - PH LL Hotel o?~otel, resort RUTH OLIVA: I would suggest that you do, because there's different things. You and I have all been in different motels. Some motels just have the coffee pot, that you can plug in. Some have just a refrigerator, and a coffee pot. Another motel might have larger cooking facilities, such as a stove, a sink, and a refrigera- tor, and I think there should be some sort of definition, so that everybody would understand just what a cooking facility is. Thank you. DEPUTY SUPERVISOR PENNY: Thank you. Ronnie? RONNIE WACKER: Ronnie Wacker. I just want to agree with Ruth. I do think that we need more motels. We haven't really got enough motel facilities out here. We're going to have a wedding this summer, and I am told that I had better get my reservations in real early, if I hope that I'll get the guests to stay overnight. and they'll have a place to stay, and if we allow the units, that are for transient, for overnight, or weekend people, to be used for, maybe, for several week's stay, or a month, or more during the summer, why we're going to lose that space, which I think is real important. Thank you. DEPUTY SUPERVISOR PENNY: Thank you. Are there any other comments at this time? I would just like to comment on, if I may, on an editorial, that was in the Suffolk Life warning the Town of Southold to take a close look at what happened in Southampton, and I believe Dave Wilmott wrote it, and I also have, which I'm going to refer to our Town Attorney's Office, I believe we all got it, which is a Local Law. There was a problem in Southampton, I believe, where they were doing conversions of these units into full-time living areas without any process. When we drafted this Local Law it came before the Legislature Committee, and we found out what the fears of most of the people on the Committee were, that these would turn into permanent residences. I contacted Mary Jerros, the Senior Attorney from the Association of Towns, who very, very clearly gave us the language which we have in our proposal, which would interject the legislative intent of the Town Board, that these not become permanent facilities, and that as a secondary precaution we could put a covenant and restriction on the property, preventing this also, and also, setting up the process for annual inspection. We have done all of that. In the brief chance, that I've had to look at the legislation from Southampton, it appears that when Southampton allowed cooking units in their motels, they did not do that. It seems as if it was very easily convert~)l_e- into condominimums, and other type dwelling units, and there is a proposed Local Law No. 15, which I won't read at this time, because it's several pages long, which reverses that whole procedure. So, now, if someone wants to make a conversion, they're going to have to go through a long and lengthy process, so I think that the Town of Southold has learned from Southampton. I think that was the way we addressed it in the Legislative Committee. We didn't want these things to happen, and we were aware of the situation, that happened in Southampton, very, very early on, and we've done everything possible in our law to draft it to make sure that these were not not readily convertible into permanent dwelling units, and I would refer this to the Town Attorney's Office, and possibly take it up again in our Legislative meeting,at some time in the future,to make absolutely sure that the Town of Southold is left no loopholes in this, and if the Town Attorney's Office can contact the Town Attorneys in Southampton, I'm sure that they'll help us clarify this issue. Thank you. COUNCILWOMAN HUSSIE: Is this the time for everybody to make comments? DEPUTY SUPERVISOR PENNY: On this proposal? Pg 5 - PH LL Hotel o,r-~,motel, resort COUNCILWOMAN HUSSIE: On this proposal. DEPUTY SUPERVISOR PENNY: Sure, it's a public hearing. COUNCILWOMAN HUSSIE: Good, then I'm goingto bepartof the public. I'm on record already, as saying that I don~t approve of this, but I'm planning on giving you a few more reasons· I, at one point said, that I didn't think it was a good thing, because it would eat into the restaurant business, and it also eats into those people who have little bungalows and cottages, that they rent out, sometimes rely on th(~se for the income that they get to pay their taxes. However, some more investigation, I've come up with, : brings me to worry about it even more. I understand that hotel and motel owners are under great pressure by the Welfare Department to force them to have to lease these places out to welfare people, and sometimes the amount of money is as much as $1>200.00 a month per room. I mean that very hard to resist. I would think if you were just on the brink you would worry about that. Also, there's the problem that~we've had already with: one motel. It was turned into a condo, and ]then we have it eating into the tax base, because they are given..the taxes go down for that particular situation. The part about..I don't.know, George, I don't want to argue wit.h you but iust because'the Association of Towns says, that the wording is correct, it's the correct wording if indeed you want to make a kitchen part of the motel, or hotel, then I guess you could have that part in there. I prefer not .have any kitchens in those, maybe a percentage. I think the risk is greater than we can control with the Code change. That's all I have to say. DEPUTY SUPERVISOR PENNY: Thank you, Alice. ls there anyone else, who would like to comment on this Local Law at this time on the Town Board? Somebody from the public? RICHARD T. HAEFALI: Richard T. Haefali from 48 Main Street, Westhampton Beach, New York. I'm the attorney for Cliffside Associates, which is a motel, that has received approval. We're in the Board of Appeals with reference to a determination as to whether your present Code will permit kitchen facilities. The first comment I would make is as to Zoning Board reference to whether or~ not the definition in the Code for a cabana, etc., you probably should put something in, so you can be sure of what that particular use is for. As a Village Attorney, Village of Westhampton Beach, we have such a definition, which precludes it from being used for residential, or for dwelling purposes.. As to this planning Board's comments with reference to this particular proposal, I think what they're doing is basically contradicting themselves. They acknowledge the fact that this is a resort community. .They ad<nowledge the fact that people come out here to stay for a period of time. If people come out to stay for a period of time, you want facilities, that they can stay in during that period of time. A transient motel by definition, and by use, is similar to a Holiday Inn, Hampton Inn, where a person will come, and stay one night, then leave. A resort motel is something Where people are going to come and stay for a period, whatever that period happens to be, a long weekend, one week, or two week. The Town of Southampton, Mr. Penny made reference to the Town of Southampton, I can tell you right now as to their current Zoning provisions for motels, the Town of Southampton has not had a new motel constructed since 1972, when the current Code went into effect. Numberous reason for this, the least of which is the number of units permitted per acre, plus the other restrictions, that have been put on. The reference Mr. Penny is making to it has to do with the conversion of some existing motels. If you are considering a proposal to amend the Code to specifically permit'cooking facilities, and you add · .' Pg 6 - PH LL Hotel o tel, resort in that enforcement provisions, which is what that proposal said, including a covenant, including which would automatically be granting an approval of that nature it would automatically allow your Building Department, or others to come into inspect, as when and if there is a proposed violation, that certainly is going to take care of the enforcement factor. The one thing, that you can not presume anybody in this country is going to do is to violate the law. You have to presume, that if a person coming in to do something for a specific purpose they will do it as the law provides. You can't assume that if a'person builds a one-family residental dwellin§, that they're going to convert it into a two-family residenta{ dwelling. If use is a permitted use in a specific district, and the person wants to come in and build pursuant.to that permitted use, you have to presume that's exactly what they're going to do. You're planning consultant at the time he revised the Zoning Code took most of the definition for both the transient motel, and a resort motel from the Code of the Town of SouthamPton, and pu.t it into your Code. Fie also limited it to very specific areas. Nobody is going to go buy a piece of property on the bluffs in 'the Town of Southold, .and turn it into a welfare motel. The economics of it are not going to support what's sustained such a use. On the other handr at the same time they're not going to turn it into a welfare motel. They're not goi. ng to turn it into a transient motel. Nobody is going to build such a motel so somebody will come in the Greenport a~ea, stay one night, while they're moving from one area to the other into the Town of Soutl~old. They're going to build it because it'~ going to bring people out for a long weekend, a week, or two weeks, so that they can make reasonable return on their investment. You have two defini- tions in your Code right now, one of which is for a transient motel. Your defini- tion of transient motel specifi'cally excludes cooking facilities, and it should. That's a specific ~ype oF a use. It's a specific t)~pe of motel use. · I would submit to the members of this Board, that there is no motel on the eastern end of this town, that can considered a transient motel. Everyone of those motels are basicall,v resort motels. They rely on people that will come out here during the season, and will stay for a pe~'iod of time. If those people come out, and stay in this town for a week, they're going to go into the local community, and they're going to spend money in the local community, which is gding to b~nefit the economics of the com- munity. Thank you. DEPUTY SUPERVISOR PENNY: Thank you. Is there anyone else, that would like to address the Board at this time? Larry? LARRY TUTHILL: Larry Tuthil{, Cutchogue. I just want to a comment in regard to transitional housing with regard to the Department of Social Services. I don't believe that's precluded by this legislation, because it says you're precluding permanent housing, but on the Social Services, in their welfare hotels emergency housing, put people in there temporarily, and they're looking for places that you have the cooking facilites, that's what they're looking for. In the Hamptons, Southampton, they do have people placed in the welfare hotels in the winter. Certainly people are not going to be doing this in the summer. They'll have their summer visitors using{ it. Then in the winter, when there i~ difficulty getting people into those transiental homes. That's when they come a welfare motel, and that's what happened in certain places in Riverhead, and Southampton. I don't believe that statute precudes it, because the welfare only keep people in there a week, somei~imes a month or so, until those people can find permanent housing elsewhere in Suffolk County, and the Department of Social Services, also, can place people anywhere within the Town, so if someone from western Suffolk is being evicted .' Pg 7 - PH I_L Hotel ol~otel, resort from their home by the Sheriff,~ and they go to the Department of Social Services, they can be placed anywhere in the County, and again, they will be looking for a place which has room with cooking facilities, because they don't want to place people in a place without cooking facilities. Thank you. DEPUTY sUPERVISOR PENNY: Thank you, Larry. Is there anyone else from the public that would like to speak at this time? '(No response.)~ Is there anyone from the Town Board, who would like to comment at this time? (No response.1 Hearing nonef we'll close this public hearing. Southold Town Clerk .L . ' I~ NOTICE OF ~; : ,PUBLIC HEARING g~' - ON LOCAL LAW ;~;~g b~n p~ted' to"the :'?.T6wn Boa~ of tae ~wn'of -~ Southold, SuffOlk ,'~New York, on the 1~ ~y of ~ed, '~A~ Law in ~fiou ?Sni..huld inwu Hall. %l;Lift ~Town Bpar~' 6f:}he [own Of.' bUlilhu'kl i. hcrew amended .. II()i I.I OR MOl J'l . ',- ~, .... COUN'I~Y OF SUFFOErv ....... Pa£ricia Wood,r being auly sworn, says Ihat sbe is the EdiLor of THE LONG ISLAND TRAVELER-WATCHMAN a public newspaper'~rinted at Southold in Suffolk County; aha £hat Llle notice oi' which [he annexed is a nr[nted copy, has beer1 .l:ublJshed ill gaid Long slancr Travelel'-Watcbman once e'~lch'~'eek }-or / weeKs successively commencmg on £be ........ .~.~..,~Z]"~- ....... ~6i~7~':~'~:f~'b~t~a¥'~6~;~Y:'' Sworn become ~er~aanent residents. 7b assist.in p~entina ~iis oc- :urre"ce, periodi6 i~tions ~f these ~remises by~ the :~uilding l~pector ~ well ~ ~ the~ filing of mvenants and mstn:~tions restricting these facilities from becoming per- manent ~sidences shall be ~- qui~d by the Town 4n g~nting · :approval for this use. A ~"msort motel" may include · ~ such accesso~ us~as a b~ch ,cabana, ~vate dock~ diaing room, resmur~ or s~m~g ~pooh conference animating ~ facili~es'or ~ venience shop, so~l service facility, prodded ~that such facility or ~op is J~cated ~thin the ~buil~g ~itho~t any ~tern~ sign or dbnhx au~ off-strut p~k~ng~ ,':~cd~;e~. fhe term "resort lc beh~le me /his .... ................ "~ Cla~ oF ......... 19 Notar r Public BARBARA Am SCHNEIDER NOTARY PUBLIC. State af New York No. 480~46 Qualified Suffelk Coun~