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HomeMy WebLinkAboutLL 2008 #10SOUTHOLD TOWN BOARD PUBLIC HEARING September 9, 2008 7:40 PM This hearing was opened at 9:15 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Thomas Wickham Councilman Albert Krupski Councilman William Ruland Councilman Vincent Orlando Town Clerk Elizabeth Neville Town Attorney Patricia Finnegan COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 12th day of August, 2008 a Local Law entitled "A Local Law in relation to adding Bed-and-Breakfast Uses to Marine Districts" and NTOICE IS HEREBY 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, 53095 Main Road, Southold, New York, on the 9th day of September, 2008 at 7:40 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to adding Bed-and- Breakfast Uses to Marine Districts" reads as follows: LOCAL LAW NO. 2008 A Local Law entitled, "A Local Law in relation to adding Bed-and-Breakfast Uses to Marine Districts" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - In order to be consistent with other allowable uses in these districts, this Local Law will include bed and breakfast uses in the Marine zoning districts by special exception obtained from the Zoning Board of Appeals. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: ARTICLE XII, Marine I (MI) District § 280-52 Adding B & B's in Marine Districts 2 September 9, 2008 B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board: (3) Bed-and-Breakfast uses as set forth in and regulated by 280-13B(14) ARTICLE XIII, Marine II (Mil) District [Added 1-10-1989 by L.L. No. 1-1989] § 280-55. Use regulations. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board: (7) Bed-and-Breakfast uses as set forth in and regulated by 280-13B(14). III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have before me a notice that this has appeared as a classified in the local newspaper, it has appeared on the Town Clerk's bulletin board. I have a memo from the Planning director of the town, dated July 29th. 'In answer to your request for comments regarding the addition of Bed & Breakfast operations to the MI and MII zoning districts, 1 reviewed the permitted and special exception uses in each district. Both districts allow single family residences as a permitted use. The Mil zone allows transient residential use (that is hotels) by special exception. Furthermore Bed & Breakfast operations are permitted by special exception of the Board of Appeals in the more restrictive residential zones. For these reasons, I recommend that Bed & Breakfast operations be added to the uses permitted by special exception in the MI and MII zoning districts.' The Suffolk County Department of Planning has responded by saying that they regard this as a matter for local determination, as there is no apparent countywide or inter-community impacts. The LWRP coordinator, Mark Terry has responded on September 8th to this proposed law and he has concluded, according to the records in the department as well as the records available to him, it is his recommendation that the proposed action is consistent with the fbllowing policy standard and therefore is consistent with the LWRP. And specifically he sites 'to improve the economic viability of water dependent uses by allowing for non water dependent accessory and multiple uses, particularly water enhanced and maritime support services where sufficient upland exists.' I have a short environmental assessment form filled out and signed and I believe that completes the notes in the file. SUPERVISOR RUSSELL: Now, we have no A, B and C in this particular law, so this should go a bit faster. Would anybody like to come up and address the Town Board on this law? Linda? Adding B & B's in Marine Districts 3 September 9, 2008 L1NDA GOLDSMITH: Linda Goldsmith, East Marion. Mr. Copertino had asked you at the beginning of the meeting about this and you had said, you know, there are houses already in some of these districts and you know, they could apply to be Bed & Breakfast's. That is all well and good but there is a great deal of property in MII districts that is not even developed yet. SUPERVISOR RUSSELL: Mmmhmm. MS. GOLDSMITH: Why, if the whole town is being looked at, there has been a lot of talk about rezoning, especially in Cutchogue as you know. I never heard anything tonight, I guess we are not going to hear too much and I have to say I do, you know, I have to agree with the gentleman who usually speaks on that. Why would we, for lack of a better word, clutter up our Mil zones anymore? I am wondering in a large piece of property, such as one in East Marion, would that be allowed in conjunction with other special exceptions? There was 30 acres and there was two of them that were, you know, put a residential house on it, you could possibly have a hotel, a restaurant and a Bed & Breakfast. And I just think it is overkill. I invite all of you to come down and see Bed & Breakfast's in all of their glory, go to Skipper's restaurant and go down about a mile and a half and you will see about a dozen. There really are a great many of them, I think MII zones and we talked about this here a while ago, Mr. Russell, that that whole, that whole zoning in the MII zones really should be revisited and we had spoken about that because some of the uses are really inconsistent with marine. So I don't know why, unless someone has applied to have a B & B in a marine II zone, I don't know why this would have even come up. I really, you know, I don't see people lined up outside the door saying I want a bed and breakfast in my marine zone down the road, so obviously it is in response to someone who has possibly requested this. I think that the whole of Southold Town should be looked at, the zoning should be looked at before we start grabbing more things. And the other thing you are doing is you are giving the Zoning Board of Appeals more work, with the special exception. And I hope, thank god it is a special exception. If it was just going to be something that was allowed, then I would even be speaking louder, I am sure. But I just don't think it is a good idea, I think it is something that when we revisit or when you revisit, I shouldn't say we, when everything is revisited, all the zoning in different places. The zoning perhaps for the Heritage, the zoning in East Marion, the zoning wherever, I think then it is time to make changes. This is not the time to make a change like that. So, thank you. SUPERVISOR RUSSELL: Okay. JOHN BRADY: Hi. John Brady, East Marion. This change sounds like Oki-do in the background to me and to get a residential area and then have everything else as a bed and breakfast and I would like to know who proposed this? SUPERVISOR RUSSELL: We had, I had a husband and wife come to me who own a house, it is an historic house, it happened to be in an MI or Mil zone, I don't remember. I inquired, they were inquiring as to why a B & B wasn't allowed since it is their principal Adding B & B's in Marine Districts 4 September 9, 2008 dwelling and B & B's are allowed provided the house is your principal dwelling. They are allowed in every other zone, other than industrial where you are not allowed to have a house, period. I had put the inquiry to the Planning Board, asked them to review it, I also at the same time said, you know, I had a meeting with the B & B Association and said what we really need to do is rethink some of the current B & B law to require that houses already be existing prior to our approval. We have a lot of houses being built to be B & B's. They are these huge, in style and I don't think that is consistent with our larger goals. We maybe have saturation issues in East Marion, I talked with the B & B president from East Marion. We want to address those issues but I don't know how this would be at all related to Oki-do. Oki-do has, as a special exception, the right to come in for a hotel. This is a, this would be an accessory use to a principal dwelling. I don't think that is their goal. I haven't talked to anybody from Oki-do but certainly with what they are proposing a B & B hasn't been on the table at all. They are looking for much larger, grander and certainly out of scale with East Marion on that but I don't see how this would be pertinent to Oki-do, to be frank. Other than the fact if they decide to surrender their plans and just build a house. COUNCILMAN KRUPSKI: There are a lot of small MII and MI parcels in town. It would only support their primary residence and the B & B, they wouldn't support anything else. MR. BRADY: So you don't think that if they put the primary residence there, they could have a lot of outbuildings and get around just this way. SUPERVISOR RUSSELL: No, you are only allowed to have a B & B function as an accessory to your existing principal dwelling and you are only allowed up to four rooms to be used as a B & B. Oh, is it five now? Five rooms to be used as part of your principal, existing dwelling. You are not allowed to have several B & B's. MR. BRADY: Thank you. MS. GOLDSMITH: So what you are saying is that even if someone goes before the ZBA, the only way a B & B can exist in an MI or Mil district is if the house is already there as a principal... SUPERVISOR RUSSELL: No, what I would suggest is that in the near future, we seriously consider restructuring our code to try to encourage the use of existing inventory. B & B's being one of them. So that the house should be up prior to getting a ZBA approval, because we had several large ones built west of the town. Those are issues we have to address down the road. MS. GOLDSMITH: So why wouldn't you do that before you pass this? SUPERVISOR RUSSELL: Well, I brought that to the table at the time and I think the feeling was to move forward with this. This is an oversight in the particular law, it's only an accessory use to a principal dwelling, it's allowed. Adding B & B's in Marine Districts 5 September 9, 2008 COUNCILMAN WICKHAM: This is specific to the MI, Mil zoning district. MS. GOLDSMITH: Right, so... COUNCILMAN WICKHAM: The point that the Supervisor made is we could apply that to all bed and breakfast in the town. SUPERVISOR RUSSELL: Yeah. All zones. MS. GOLDSMITH: Okay, so if there is an empty parcel in an MII district, someone could buy that parcel, build their residence on that parcel and within a few months after moving in, could apply for a special exception to be a B & B? SUPERVISOR RUSSELL: Yes. COUNCILMAN ORLANDO: If they lived there. Owner occupied. MS. GOLDSMITH: If they lived there. SUPERVISOR RUSSELL: They can do that in R40, R80, AC, anywhere else now. MS. GOLDSMITH: And I am sure you are as aware as I am of B & B's which are not owner occupied. This is just another example of how there may be more B & B's that are not owner occupied. COUNCILMAN WICKHAM: I am not aware of that. COUNCILMAN KRUPSKI: I am not either. SUPERVISOR RUSSELL: I am. MS. GOLDSMITH: After this meeting, I will give you a couple of names. COUNCILMAN WICKHAM: No, wait. If there are, I think you should, somebody should bring them to the attention of the Town because I don't think that has been permitted. MS. GOLDSMITH: It has been done, talk to your code enforcer. SUPERVISOR RUSSELL: That is right, there is a specific example Linda is referring to. I am aware of it. Again, those are issues of code enforcement that we just had a good long meeting about today to develop a comprehensive approach to getting it done but I would hate to hold up the well intended because of the people that don't follow the rules. And those rules are there that wouldn't allow it, whether this law is passed or not. And Adding B & B's in Marine Districts 6 September 9, 2008 this doesn't really affect that particular party. That threat is there whether it is an R40, RS0, AC, you name the zone. MS. GOLDSMITH: This is a special exception. SUPERVISOR RUSSELL: Special exceptions, as it is with every other B & B that is applied for. It is all the special exception through the Zoning Board of Appeals. MS. GOLDSMITH: I still think this is a bit too hasty but thank you for your clarification. SUPERVISOR RUSSELL: Okay. Would anybody else like to come up and address the Town Board? (No response) This public hearing was closed at 9:26 PM Southold Town Clerk DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE Town of Southold P.O. Box 1179 Southold, New York 11935 Att: Ms. Elizabeth Neville, Clerk October 21,2008 THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING R~CEIVED Dear Ms. Neville: Re: S.C.P.C. File No.: Amendment: Sections 280-52B (3) "Bed and Breakfast" SD-08-08 Pursuant to Sections A 14-21 of the Suffolk County Administrative Code, the Suffolk County Planning Commission has notified the neighboring towns and/or villages concerning the above captioned zoning action. Having received no adverse response, the Commission will take no further action. Very truly yours, Thomas A. Isles, AICP Director of Planning ~ _ Chief Planner APF:ds LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. SOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 DAVID A. PATERSON GOVERNOR STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA 99 WASHINGTON AVENUE ALBANY, NY 12231-0001 LORRAINE A. CORT~S-VAZQUEZ SECRETARY OF STATE September 24, 2008 Lynda M Rudder Deputy Town Clerk Town Hall 53095 Main Road PO Box 1179 Southold NY 11971 RECEIVED SEP 2 9 2008 Southold Town Clerk RE: Town of Southold, Local Law No. 10, 11, & 12, 2008, filed on September 18, 2008 Dear Sir/Madam: The above refe. renced material was received and filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.state.ny, us/corp/misc.html. Sincerely, Linda Lasch Principal Clerk State Records and Law Bureau (518) 474-2755 WWW.DOS.STATE.NY.US E-M~L: INFO,DOS.STATE.NY.US #9004 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 18th day of September, 2008. Sworn to before me this Principal Clerk NOT^R¥ PUSLIC~;rAi'E OF NEW YORK No. 01~VO610~080 Quollfle~ In ~u/~olk County ~ Comml~lO~ [~tte~ Pebruaty ~1, PATRICIA A. FINNEGAN TOWN ATTORNEY patricia.finneganqt'town.southold.ny.us KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran~ town.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulse(Wtown.southold.ny.us SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD To: From: Date: Subject: MEMORANDUM I~ECEIv~D Ms. Elizabeth A. Neville, Town Clerk Lynne Krauza Secretary to the Town Attorney September 16, 2008 LL/Adding Bed. and. Breakfast Uses to Marine Districts - SEQRA For your records, I am enclosing the original, fully executed Short Environmental Assessment Form in connection with the referenced matter. have retained a copy of this document in our file. We Also attached is a copy of the resolution authorizing Scott to sign this document. If you have any questions, please do not hesitate to call me. Thank you for your attention. /Ik Enclosures cc: Members of the Town Board (w/encls.) Patricia A. Finnegan, Esq., Town Attorney (w/encls.) fl,7. ORIGINAL Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by A~)plicant or Project Sponsor) 1. APPLICANT/SPONSOR I!. PROJECT NAME Town of Southold lA Local Law adding Bed-and-Breakfast Uses to Marine Districts 3. PROJECT LOCATION: Municipality TownofSouthold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Town-wide 5. PROPOSED ACTION IS: [] New [] Expansion [] Modiflcation/alteraflon 6. DESCRIBE PROJECT BRIEFLY: A Local Law in relation to adding Bed-and-Breakfast Uses to Marine Districts (Marine ! and Marine Il) as Zoning Board of Appeals special exception. 7. AMOUNTOF LANDAFFECTED: Initially r~,~ acres Ultimately HA acres 8. W1LL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe briefly Not applicable, the action proposes a special exception usc to thc MI and Mil zones. 9. VVBAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial Describe: N^ [] Agriculture [] Park/Forest/Open Space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [~J Yes ~ No If Yes, list agency(s) name and permit/approvals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [~J Yes [] No If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? []Yes []No I CERTIFY THAT THE INFORMATION/OVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Scott Russell, Supe~iso~ ~ · · j Date: 9/8/08 Signature: -- ,~~ If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. r-]Yes [7INn B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS iN 6 NYCRR, PART 617.6? If NO, a negative deciarefion may be superseded by another involved agency. ~]Yes [~]No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattem, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: None C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: None C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: None C4, A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain bdefly: None C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain bdefly: None C6. Long term, short term, cumulative, or other effects not identified in C1-C57 Explain briefly: None C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: None D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes [] NO If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of Occurring; (c) duration; (d) irreversibi{ity; (e) geographic scope; and (t) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] Check this box if you have idenflfied one or more potentially la,ge or significant adverse impacts which I~AY occur. Then proceed directly to the FULl EAF and/or prepare a positive declaration, ] Checkthis b~x ify~uhavedetermined~based~ntheinf~rmafl~nandana~ysisab~veandanysupp~rtingd~cumentati~n~that~hepr~p~sedacti~nWIL~ NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination Southold Town Board Name of Lead Agency Scott Russell ~ PT~ Lead Agency Signature of Responsible Officer in Lead Agency 9/8/08 Date Supervisor RESOLUTION 2008-868 ADOPTED DOC ID: 4228 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-868 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 9, 2008: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed local law entitled "A Local Law in relation to adding Bed-and-Breakfast Uses to Marine Districts" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendations of Mark Terry dated September 8, 2008, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith; and be it further RESOLVED that the Town Board of the Town of Southold hereby determines such actions to be consistent with the Town of Southold LWRP. Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 11, 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Laws listed below on July 29, 2008: Local Law #10 A Local Law in relation in adding Bed-and-Breakfast Uses to Marine Districts Local Law # 12 A Local Law in relation to Farmstands Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Email: Southold Town Planning Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Signature, Received By Please print name Date: Title: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK US Airbill Express '~ ~63 T ...... 9461 6600 o.. el' Y]-08 Se.da. 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NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 16 2008 Federal Express Linda Lasch New York State Department of State State Records and Law Bureau 41 State Street Albany, NY 12231 RE: Local Law Number 10, 11, 12 of 2008 Town of Southold, Suffolk County Dear Ms. Lasch: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copies of Local Law Number 10, 11, 12 of 2008 of the Town of Southold, suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you, Enclosures Very truly yours, Lynda M Rudder Southold Deputy Town Clerk cc:Town Attorney NEW YORK STATE DEPARTMENT OF STATE 41 STATE S'I REEr Local Law Filing (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. rn County [] City [] Town of SOUTltOLD [] Village Local Law No. 10 of the year 2008. A Local Law entitled, "A Local Law in relation to adding Bed-and-Breakfast Uses to Marine Districts" Be it enacted the Town Board of the: 121 County CJ City [] Town of SOUTHOLD [] Village as follows: I. Purpose - In order to be consistent with other allowable uses in these districts, this Local Law will include bed and breakfast uses in the Marine zoning districts by special exception obtained from the Zoning Board of Appeals. Il. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: ARTICLE XII, Marine I (MI) District § 280-52 B. Uses permitted by special exception by the Board of Appeals. The following uses are permilted as a special exception by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board: (3) Bed-and-Breakfast uses as set forth in and regulated by 280-13B(14) ARTICLE Xlll, Marine 11 (MI1) District [Added 1-10-1989 by L.L. No. 1-1989] § 280-55. Use regulations. B. Uses permitted by special exception by the Board of Appeals. The following uses are permilted as a special exception by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board: (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev 05/05) ALBANYI NY 12231 (7) Bed-and-Breakfast uses as set forth in and regulated by 280-13B(14). III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 10 of 20 08 . of the ....... j ..... j ,( Fown), ..... t,~) of SOUTHOLD was duly passed by the TOWN BOARD on September 9 ,20 08 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or re-passage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 __, and was (approved)(not approved)(re-passed after disapproval) by the and was deemed duly adopted on 20 in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 ., and was (approved)(not approved)(repassed after disapproval) by the on 20__. Such local law was submitted to the people by reason ora (mandatory)(permissive) referendum, and received the affirmative vote ora majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (repassed after disapproval) by the on 20__ Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20___, in accordance with the applicable provisions of law. * Elective Chief Execntive Officer means or hlcludes the chief executive officer ora county elected on a county- wide basis or, If there be none, the chairperson of the county legislative body, the mayor ora city or village, or the supervisor a town where such officer is vested with the power to approve or veto local laws or ordinances. 3 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 ..... of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of snch city voting thereon at the (special)(general) election held on 20 ____ became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that 1 have compared the preceding local law with the original on file in this office and that the stone is a correct transcript there from and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. (SeaO Cle"~ of tl('u~County J'egislative body. City.~Fown or Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk Date: September 15, 2008 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK 1, the undersigned, hereby certify that the foregoing local law copt~ the correct tzo~nd that all proper proceedings have been had or taken for the enactment of the local lawa~ P~tricia A. F'mnegan E(_E(_~, Tow~ Attorney Kieran Corcoran~ Esq. As~fnt Town Attorney Title Town of Date: SOUTHOLD September 15, 2008 4 LEGAL NOTICE NOTICE OF ENACTMENT NOTICE IS HEREBY GIVEN, there had been presented to the Town Board of the Town of Southold, Suftblk County, New York, on the 12th day of August, 2008 a Local Law entitled "A Local Law in relation to adding Bed-and-Breakfast Uses to Marine Districts" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold held a public hearing at which time alt interested persons were given the opportunity to be heard thereon, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to adding Bed-and-Breakfast Uses to Marine Districts" which reads as follows: LOCAL LAW NO. 10 OF 2008 BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose - In order to be consistent with other allowable uses in these districts, this Local Law will include bed and breakfast uses in the Marine zoning districts by special exception obtained from the Zoning Board of Appeals. 11. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: ARTICLE XII, Marine I (MI) District § 280-52 B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board: (3) Bed-and-Breakfast uses as set forth in and regulated by 280-13B(14) ARTICLE Xlll, Marine Il (Mil) District [Added 1-10-1989 by L.L. No. 1-1989] § 280-55. Use regulations. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board: (7) Bed-and-Breakfast uses as set forth in and regulated by 280-13B(14). III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: September 9, 2008 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON SEPTEMBER 18, 2008, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971. Copies to the tbllowing: The Sullblk Times Town Board Members IC's Bulletin Board Building Dept Planning Town Attorney ZBA STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the /d: day of,~q..~, 2008, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place n the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Re: Enact LL 10 B & B in MMII Sworn before me this / (. day of ~ff_.t?¢~, 2008. No~ry'Publict INDA 'J coOPER L -' te of New York pUBLIC, ~a NOTARY --~'~'~3 Su~OI~ County No. o~ c?~;;e~ber 3~, 20ZC- Term Exp,ru~ (JElizabeth A. Neville Southold Town Clerk Page 1 of 1 Cooper, Linda From: Sent: To: Subject: Cooper, Linda Friday, September 12, 2008 9:20 AM Cooper, Linda; Corcoran, Kieran; Finnegan, Patricia; JOAN ANN - Legals; Neville, Elizabeth; Rudder, Lynda Legal Notices for 9#18108 edition Attachments: 9-9-08 enact B&B in MMII LL10 notice.doc; 9-9-08 enact Farmstands LL 12 notice.doc Suffolk Times - Please confirm receipt of notices Thank you, Linda ,Z ooper Deputy Town Clerk Town of Southold 631-765-1800 LI/~ mo not be the part~ we hoped fi~r, b ut as hmg as ~ e ?e here , e mighls as well dance' 9/12/2008 Southold Town Board - Letter Board Meeting of September 9, 2008 RESOLUTION 2008-876 ADOPTED Item # DOC ID: 4223 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-876 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 9, 2008: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 12th day of August, 2008 a Local Law entitled "A Local Law in relation to adding Bed-and-Breakfast Uses to Marine Districts" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to adding Bed-and-Breakfast Uses to Marine Districts" which reads as follows: LOCAL LAW NO. 10 2008 A Local Law entitled, "A Local Law in relation to adding Bed-and-Breakfast Uses to Marine Districts" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - In order to be consistent with other allowable uses in these districts, this Local Law will include bed and breakfast uses in the Marine zoning districts by special exception obtained from the Zoning Board of Appeals. 1I. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: ARTICLE XII, Marine I (MI) District § 280-S2 B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, subject to site Generated September 12, 2008 Page 58 Southold Town Board - Letter Board Meeting of September 9, 2008 plan approval by the Planning Board: (3) Bed-and-Breakfast uses as set forth in and regulated by 280-13B(14) ARTICLE XIlI, Marine II (MII) District [Added 1-10-1989 by L.L. No. 1~1989] § 280-55. Use regulations. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board: (7) Bed-and-Breakfast uses as set forth in and regulated by 280-13B(14). III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Krupski .ir., Wickham, Evans, Russell Generated September 12, 2008 Page 59 Southold Town Board - Letter Board Meeting of September 9, 2008 RESOLUTION 2008-868 ADOPTED Item # DOC ID: 4228 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-868 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 9, 2008: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed local law entitled "A Local Law in relation to adding Bed-and-Breakfast Uses to Marine Districts" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendations of Mark Terry dated September 8, 2008, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith; and be it further RESOLVED that the Town Board of the Town of Southold hereby determines such actions to be consistent with the Town of Southold LWRP. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated September 12, 2008 Page 43 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE September 8, 2008 THOMAS ISLES, AICP DIRECTOR OF PLANNING RECEIVED Ms. Elizabeth Neville, Town Clerk Town of Southold Planning Bd. 53095 Main Road - P.O. Box 1179 Southold, NY 11971 Applicant: Zoning Action: Public Hearing Date: SCPC File No.: 8EP 1 0 2008 Town of Southold Amendment: Sections 280-52B(3) "Bed and Breakfast" 9/9/08 SD-08-08 Dear Ms. Neville: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application, which has been submitted, to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Thomas Isles, AICP Chief Planner APF:cc LOCATION MAILING ADDRESS H, LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 ELIZABETH A. NEVIIJ.E TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor th fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 19, 2008 RECEIVED SEP 1 0 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws listed below on September 9, 2009: 7:35pm: "A Local Law in relation to Amendments to the Waiver Provisions of the Merger Law" 7:40pm: "A Local Law in relation to adding Bed-and-Breakfast Uses in to Marine District" 7:50pm: "A Local Law in relation to Regulations Governing Farm Stands" and also PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Laws listed below on August 12, 2008: Local Law #9: Amendments to lnclusionary Zoning requirements in the Code of the Town of Southold Please sign the duplicate of this letter and return to me at )'our earliest convenience in the self-addressed envelope. Thank you. Attachments cc: Suffolk County Deparlmcnt of Planning Village of Greenport Town of Riverhead Elizabeth A. Neville l'own Clerk Email: Southold To~vn Planning Board Southold Town Assessors S~ture, l~ceived E(y. / ~ Ple~¢ p}int name' ' ] DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date:~~?~_ Title: ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hsll, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor th fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 19, 2008 RECEIVED AUG 2 2 2008 Southold Town Clerk PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws listed below on September 9, 2009: 7:35pm: "A Local Law in relation to Amendments to the Waiver Provisions of the Merger Law" 7:40pm: "A Local Law in relation to adding Bed-and-Breakfast Uses in to Marine District" 7:50pm: "A Local Law in relation to Regulations Governing Farm Stands" and also PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Laws listed below on August 12, 2008: Local Law #9: Amendments to Inclusionary Zoning requirements in the Code of the Town of Southold Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Email: Southold Town Planning Board Southold Town Assessors Southold Town Building Department /g~ ~Iure, Receiv~y ~P~l~-- se print nam).) Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 19, 2008 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor th fork. net PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws listed below on September 9, 2009: 7:35pm: "A Local Law in relation to Amendments to the Waiver Provisions of the Merger Law" 7:40pm: "A Local Law in relation to adding Bed-and-Breakfast Uses in to Marine District" 7:50pm: "A Local Law in relation to Regulations Governing Farm Stands" and also PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Laws listed below on August 12, 2008: Local Law #9: Amendments to Inclusionary Zoning requirements in the Code of the Town of Southold Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments cc: Suftblk County Department of Planning Village of Greenport Town of Riverhead Email: Southold Town Planning Board Southold Town Assessors /) ~outhold Tov~ Building Department ~ =na/ure, Rec"ired '~¥,-__ ~ Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Toxvn Trustees Southold Town Board of Appeals Date: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVII.!,E TOWN CLERK REGISTRAR OF VITAL STATISTICS MAHItIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 19, 2008 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net RECEIVED 2008 $oI thold ro n Cler PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC ItEARINGS on the proposed Local Laws listed below on September 9, 2009: .~7:35pm: "A Local Law in relation to Amendments to the Waiver Provisions of the Merger Law" O/7:40pm: "A Local Law in relation to adding Bed-and-Breakfast Uses in to Marine District" 7:50pm: "A Local Law in relation to Regulations Governing Farm Stands" and also PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Laws listed below on August 12, 2008: Local Law #9: Amendments to Inclusionary Zoning requirements in the Code of the Town of Southold Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Email: Southold Town Planning Board Southold Town Assessors ,S~thold '[own Buildf~g Department Please print name Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-614/5 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Augustl9,2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC ItEARINGS on the proposed Local Laws listed below' on September 9, 2009: 7:35pm: "A Local Law in relation to Amendments to the Waiver Provisions of the Merger Law" 7:40pm: "A Local Law in relation to adding Bed-and-Breakfast Uses in to Marine District" 7:50pm: "A Local Law in relation to Regulations Governing Farm Stands" and also PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Laws listed below on August 12, 2008: Local Law #9: Amendments to Inclusionary Zoning requirements in the Code of the Town of Southold Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Emaih Southold Town Planning Board Southold Town Assessors Southold Town Building Department Signature, Rt~cei~)ed~y Please print na~ne a~/~-'t Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: Title:'~ RECEIVED AU~ 2 5 2008 DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 19, 2008 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net PLEASE TAKE NOTICE that the To~vn Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws listed below on September 9, 2009: 7:35pm: "A Local Law in relation to Amendments to the Waiver Provisions of the Merger Law" 7:40pm: "A Local Law in relation to adding Bed-and-Breakfast Uses in to Marine District" 7:50pm: "A Local Law in relation to Regulations Governing Farm Stands" and also PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Laws listed below on August 12, 2008: Local Law #9: Amendments to Inclusionary Zoning requirements in the Code of the Town of Southold Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments cc: Sufiblk County Department of Planning Village of Greenport Town of Riverhead Email: Southold Town Planning Board Southold Town Assessors Southold Town Building Department ,,. Sig.~ature, Receiv_e.d l~y ' Please prin¥ name Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: 75[2.o/oo0 Title: "'[-'o.,0~, ~ DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK RECEIV -D AIJ, 21 2008 Page I of 1 Cooper, Linda From: Sent: To: Subject: Attachments: Cooper, Linda Wednesday, August 20, 2008 1:11 PM Bunch, Connie; Cantrell, Elizabeth; Cappabianca, Lucille; Cooper, Linda; Jones, Martha; Kowalski, Linda; Lanza, Heather; Randolph, Linda; Standish, Lauren; Verity, Mike; Webster, Kevin Notices of PH for 9/9/08 Notice to Adjacent of PHdot; LEGAL NOTICE #2 8-21-08.doc; B & B in MI, Mil 9-9-08.doc; CPF Mgmt & Stewardship Plan 9-9-08.doc; Farm Stands 9-9-08.doc; Inclusionary Zoning enact resolution.doc As I had advised you, I am sending these notices via email. Please confirm receipt of this email. Thank you Lindn ooper Deputy Town Clerk Town of Southold 631-765-1800 Life may no/be the porty we hoped for. but ax long as we're here, we mtght~ as well dance ~ 8/20/2008 Page 1 of l Cooper, Linda From: Bunch, Connie Sent: Wednesday, August 20, 2008 1:36 PM To: Cooper, Linda Subject: RE: Notices of PH for 9/9/08 Got it From: Cooper, Linda Sent: Wednesday, August 20, 2008 1:11 PM To: Bunch, Connie; Cantrell, Elizabeth', Cappabianca, Lucille; Cooper, Linda; Jones, Martha; Kowalski, Linda; Lanza, Heather; Randolph, Linda; Standish, Lauren; Verity, Mike; Webster, Kevin Subject: Notices of PH for 9/9/08 As I had advised you, I am sending these notices via email. Please confirm receipt of this email. Thank you Linde Z ooper Deputy Town Clerk Town of Southold 631-765-1800 Ltfe mag not be the parO, we hoped foi; bl~t as long as we're here, we mights as well dance~ 8/20/2008 Page 1 of I Cooper, Linda From: Jones, Martha Sent: Wednesday, August 20, 2008 1:17 PM To: Cooper, Linda Subject: RE: Notices of PH for 9/9/08 I gotyou babe. ..... Original Message ..... From: Cooper, Linda Sent: Wednesday, August 20, 2008 1:11 PM To: Bunch, Connie; Cantrell, Elizabeth; Cappabianca, Lucille; Cooper, Linda; .]ones, Hartha; Kowalski, Linda; Lanza, Heather; Randolph, Linda; Standish, Lauren; Verity, Hike; Webster, Kevin Subject: Notices of PH for 9/9/08 As I had advised you, I am sending these notices via email. Please confirm receipt of this email. Thank you Lind ooper Deputy Town Clerk Town of Southold 631-765-1800 Ltfe ma)' not be the party we hoped fo~ but as long as we're here, we mights as well dance! 8/20/2008 Page 1 of 1 Cooper, Linda From: Cantrell, Elizabeth Sent: Wednesday, August 20, 2008 1:13 PM To: Cooper, Linda Subject: RE: Notices of PH for 9/9/08 Received Thank you Linda E. Cantrell From: Cooper, Linda Sent: Wednesday, August 20, 2008 1:11 PM To: Bunch, Connie; Cantrell, Elizabeth; Cappabianca, Lucille; Cooper, Linda; Jones, Hartha; Kowalski, Linda; Lanza, Heather; Randolph, Linda; Standish, Lauren; Verity, Mike; Webster, Kevin Subject: Notices of PH for 9/9/08 As I had advised you, I am sending these notices via email. Please confirm receipt of this email. Thank you Linda ooper Deputy Town Clerk Town of Southold 631-765-1800 [.tfe may not be the parO~ we hopedJb~ but as long as ~,e're here, we mights as well dance 8/20/2008 Page I ofl Cooper, Linda From: Kowalski, Linda Sent: Wednesday, August 20, 2008 1:19 PM To: Cooper, Linda Subject: RE: Notices of PH for 9/9/08 1 have checked off confirmation of the read receipts for today and yesterday's emails with local law attachments sent (thought the other read receipts would have been ok as in the past, but it's ok if you wanted an additional receipt confirmation), "receipt confirmed" Thanks, ZBA Town of Southold Office Location: 54375 Main Road (NFB 1st Floor) Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 (63 I) 765-1809 (ext. 5011 at voice recording) fax (631) 765-9064 8/20/2008 Page 1 of 1 Cooper, Linda From: Lanza, Heather Sent: Wednesday, August 20, 2008 1:20 PM To: Cooper, Linda Cc: Randolph, Linda Subject: RE: Notices of PH for 9/9/08 Received and forwarded to the Planning Board From: Cooper, Linda Sent: Wednesday, August 20, 2008 1:11 PM To: Bunch, Connie; Cantrell, Elizabeth; Cappabianca, Lucille; Cooper, Linda; Jones, Martha; Kowalski, Linda; Lanza, Heather; Randolph, Linda; Standish, Lauren; Verity, Mike; Webster, Kevin Subject: Notices of PH for 9/9/08 As I had advised you, I am sending these notices via email. Please confirm receipt of this email, Thank you £/nda ooper Deputy Town Clerk Town of Southold 631-765-1800 Dfe may not be the parO~ we hoped for but as long as we're here, we mights as well dance~ 8/20/2008 Page 1 of I Cooper, Linda From: Cappabianca, Lucille Sent: Wednesday, August 20, 2008 2:31 PM To: Cooper, Linda Subject: RE: Notices of PH for 9/9/08 Receipt confirmed! ..... Original Message ..... From: Cooper, Linda Sent: Wednesday, August 20, 2008 1:11 PM To: Bunch, Connie; Cantrell, Elizabeth; Cappabianca, Lucille; Cooper, Linda; Jones, Martha; Kowalski, Linda; Lanza, Heather; Randolph, Linda; Standish, Lauren; Verib/, Mike; Webster, Kevin Subject: Notices of PH for 9/9/08 As I had advised you, I am sending these notices via email, Please confirm receipt of this email. Thank you L/,da Cooper Deputy Town Clerk Town of Southold 631-765-1800 L~fa may not be the parO~ we hoped for, but as long aa we Ye here, we mtghts as well d~nce/ 8/20/2008 Page 1 of I Cooper, Linda From: Webster, Kevin Sent: Thursday, August 21, 2008 9:11 AM To: Cooper, Linda Subject: RE: Notices of PH for 9/9/08 did receive this email. Kevin From: Cooper, Linda ~ent: Wednesday, August 20, 2008 1:11 PM To: Bunch, Connie; Cantrell, Elizabeth; Cappabianca, Lucille; Cooper, Linda; Jones, Martha; Kowalski, Linda; Lanza, Heather; Randolph, Linda; Standish, Lauren; Verity, Mike; Webster, Kevin Subject: Notices of PH for 9/9/08 As I had advised you, I am sending these notices via email. Please confirm receipt of this email. Thank you L/no/a Z ooper Deputy Town Clerk Town of Southold 631-765-1800 Dfe ma3 not be the parO, we hoped for but as long as we're here, we mights as well dance~ 8/21/2008 #8977 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 21st day of Auqust, 2008. Sworn to before me this Principal Clerk day of 2008 LEGAL NOTICE NOTICE OF PUBI~C HEARING NOTICE IS HEReBy GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 12th day of August, 2008 a Local Law entitled v~hich time all interested persons will be LOCAL LAW NO. 2008 BE IT ENACTED by theTown Board L Pl~se - In order to be conaia- and breakfast uses in the Marine zofling .aL whole or any }~e PSrt so decided to be u .ther than IM. EFFECTIVE D ~is Local ~ By ORDER OF E. UTHOLD ~ Town Clerk NOTARY PUBLIC-STATE OF NEW YORK NO. 01-V06105050 Qualified in Suffolk County PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, N-Y 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM To: From: Date: Re: Scott Russell, Town Supervisor, and Town Board Members Elizabeth Neville, Town Clerk Heather M. Lanza, AICP, Planning Director July 29, 2008 Bed & Breakfast Operations in the MI &MII Zoning Districts In answer to your request for comments regarding the addition of bed & breakfast operations to the MI &MII zoning districts allowable uses, I have reviewed the permitted and other special exception uses in each district. Both districts allow single family residences as a permitted use, and the MII zone allows transient residential use (hotels) by special exception. Further, bed and breakfast operations are permitted by special exception by the Board of Appeals in the more restrictive residential zones. For the reasons stated above, I recommend that bed and breakfast operations be added to the uses permitted by special exception in the MI and MII zoning districts. 09/08/2008 11:04 631-853-4044 S C PLANING DEPT PAGE 04 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEvY SUFFOLK COUNIY EXECUTIVE September 8, 2008 THOMA~ ISLES, AICP DIREOfOR OF PLANNING Ms. £1izabcflz Neville, Town Clerk Town of Southold Planning Bd, 53095 Main Road - P,O. Box 1179 Southold, NY ! 1971 Applicant: Zoning Action: Public Hearing Date; SCPC File No.: Town of Southold Amendment: Sections 280-$2B(3) "Bed and Breakfast" 9/9/08 SD-08-08 Dear Ms. Neville: Pursuant to the requiremen.ts of Sections A 14-14 to 23 of the Suffolk County Adminisixative Code, I:be above referenced application, whJ.ch has been submitted, to the Suffolk County Planning Connnission is considered to be a matter for local determh~ation as flaere is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Very truly yottrs, Thomas Isles, AICP Chief Planner APF:ce LOCATION MAILING ADDRI[SS H. LEE DENNISON BLDG. - 4TH FLOOR P, O, BOX 6100 · (631) 853-5191 100 VETERANS MEIdO~[AL HIGHWAV HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853.4044 OFFICE LOCATION: Town Hail Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY M~IIING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD To: To~vn of Southold To~vn Board Patricia Finnegan, Town Attorney / From: Mark Terry, Principal Planner LWRP Coordinator Date: September 8, 2008 Re: "A Local Law in relation to adding Bed-and-Breakfast Uses to Marine Districts" The proposed local law has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the following Policy Standard and therefore is CONSISTENT with the LWRP. 103 (b) Improve the economic viability of water-dependent uses by allowing for non-water dependent accessory and multiple uses, particularly water enhanced and maritime support services where sufficient upland exists. The proposed action, with appropriate siting, could be a water enhanced use, ancillary to a water dependent use. The term water-enhanced use means a use or activity which does not require a location adjacent to coastal waters, but whose location on the waterfi'ont adds to the public use and enjoyment of the water's edge. These uses usually support the financial operation and viability of water-dependent uses'. Marine II is more intensive than Marine I. It permits more water-enhanced uses as well as a greater intensity of water-dependent development. For this reason, most Marine II sites are located directly on Peconic Bay or near the mouth of tidal creeks where flushing action is strong and where supporting infrastructure is available. The one exception to this rule is in Mattituck Creek on Long Island Sound (Reach 1) which contains Marine II zoning at the head of the Creek. The LWRP suggests that a mix of permitted uses be reviewed to see ifa more supportive mix of accessory uses appropriate to water-dependent uses should be added. Key factors in this review will be the capability of public infrastructure to support the revised mix and desired intensity of development. Such an assessment could be accomplished during the Zoning Board of Appeals review. Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Kieran Corcoran, Assistant Town Attorney 617,20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by A~)plicant or Project Sponsor) 1. APPLICANT/SPONSOR ]2. PROJECT NAME Town of Southold /A Local Law adding Bed-and-Breakfast Uses to Marine Districts 3. PROJECT LOCATION: Municipality Towno£$outhold County $u££olk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Town-wide 5. PROPOSED ACTION IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: A Local Law in reIation to adding Bed-and-Breakfast Uses to Marine Districts (Marine 1 and Marine Il) as Zoning Board of Appeals special exception. 7. AMOUNT OF LAND AFFECTED: Initially Fq'~' acres Ultimately HA acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? b_J Yes U No If No, describe briefly Not applicable, the action proposes a special exception use to the MI and Mil zones. 9. M/HAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture [] Park/Forest/Open Space [] Other Describe: NA 10, DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? L~ Yes ~.] No If Yes, list agency(s) name and permit/approvals: 11 DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? L] Yes [] No If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsorname: ScottRusselt, Supervisor Date: 9/8/08 Signature: If the action is in the Coastal Area, and you are a state agency complete the Coasta Assessment Form before proceeding with this assessment OVER PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate the review process and use the FULL EAF. [-'~ Yes ~-[No WILL ACTION RECEIVE COORDINATED REVIEWAS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617,67 If No, a negative declaration may be superseded by another involved agency. r-lYes 17]No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surtace or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain bdefly: None C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain bdel~y: None C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: None C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: None C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: None C6, Long term, short term, cumulative, or othereffects not identified in C1-C57 Explain briefly: None 07. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: None D. VVILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes [] NO If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain bhefiy: PART Ill - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (t} magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteric;,~$ of il, C, ] Check this box if you have identified one or more potentially lapge or significant adverse impacts which MAY occur. Then proceed directly to the FULl EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any supporling documentation, that the proposed action WILl NOT result in any s gn flcant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination Southold Town Board Name of Lead Agency Scott Russell Pdnt or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency 9/8/08 Date Supervisor ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.north fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 14, 2008 Re: Reso. No. 783 regarding proposed Local Laws in relation to "adding Bed-and-Breakfast Uses to Marine Districts" in the Town of Southold Andy Freleng Suffolk County Department of Planning PO Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Freleng: The Southold Town Board at their regular meeting held on August 12, 2008 adopted the above resolution. A certified copy of same is enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forward them to me at your earliest convenience. This proposed local law has also been sent to the Southold Town Planning Department for their review. The date and time for the public hearing is 4:40 PM, Tuesday, September 9, 2008. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, Southold Town Clerk Enclosures (2) cc: Town Board Town Attorney ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 14, 2008 Re: Reso. No. 783 regarding proposed Local Laws in relation to "adding Bed-and-Breakfast Uses to Marine Districts" in the Town of Southold Jerilyn B. Woodhouse, Chairperson Southold Town Planning Board Southold Town Hall 53095 Main Road Southold, New York 11971 Dear Ms. Woodhouse, The Southold Town Board at their regular meeting held on August 12, 2008 adopted the above resolution. A certified copy of same is enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forward them to me at your earliest convenience. This proposed local law has also been sent to Suffolk County Planning Department for their review. The date and time for the public heating is 4:40 PM, Tuesday, September 9, 2008. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, E~~Elizabeth A. Ne~v'i? Southold Town Clerk Enclosures (2) cc: Town Board Town Attorney Southold Town Board - Letter Board Meeting of August 12, 2008 RESOLUTION 2008-786 ADOPTED Item # DOC ID: 4169 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-786 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 12, 2008: RESOLVED that the Town Board of the Town of Southold hereby .authorizes and directs the Town Clerk to send the following proposed Local Laws to the Suffolk County PlanninF Department and the Southold Town Planning Board for their recommendations and review: A Local Law in relation to Amendments to the Waiver Provisions of the Merger Law ~A Local Law in relation to adding Bed-and-Breakfast Uses to Marine Districts A Local Law in relation to Regulations Governing Farm Stand Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Orlando, Councilman SECONDER: Albert Krupski .]r., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated August 18, 2008 Page 55 cooper, Linda From: Sent: To: Subject: JOAN ANN [jaweber@timesreview,com] Friday, August 15, 2008 2:40 PM Cooper, Linda Re: Legal Notice PH 9-9-08 7:40pm B & B in Marine Dist. RECEIVED JOAN ANN ..... Original Message ..... From: "Cooper, Linda" <Linda,Cooper@town.southold.ny.us> To: "JOAN ANN - Legals" <jaweber@timesreview.com> Cc: "Neville, Elizabeth" <E.Neville@town.southold.ny.us> Sent: Friday, August 15, 2008 12:28 PM Subject: Legal Notice PH 9-9-08 7:40pm B & B in Marine Dist. Page 1 of I Cooper, Linda From: Sent: To: Cc: Subject: Cooper, Linda Friday, August 15, 2008 1:29 PM JOAN ANN - Legals Neville, Elizabeth Legal Notice PH 9-9-08 7:40pm B & B in Marine Dist. Attachments: B & B in MI, Mil 9-9-08.doc 8/15/2008 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 12th day of August, 2008 a Local Law entitled "A Local Law in relation to adding Bed-and-Breakfast Uses to Marine Districts" and NTOICE IS HEREBY 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, 53095 Main Road, Southold, New York, on the 9th day of September, 2008 at 7:40 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to adding Bed-and- Breakfast Uses to Marine Districts" reads as follows: LOCAL LAW NO. 2008 A Local Law en ~tle " t' d, A Local Law in relation to adding Bed-and-Breakfast Uses to Marine Districts" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - In order to be consistent with other allowable uses in these districts, this Local Law will include bed and breakfast uses in the Marine zoning districts by special exception obtained from the Zoning Board of Appeals. 1I. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: ARTICLE XII, Marine I (MI) District § 280-52 B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board: (3) Bed-and-Breakfast uses as set forth in and regulated by 280-13B(14) ARTICLE XIII, Marine II (MII) District [Added 1-10-1989 by L.L. No. 1-1989] § 280-55. Use regulations. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board: (7) Bed-and-Breakfast uses as set forth in and regulated by 280-13B(14). II1. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: August 12, 2008 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON AUGUST 21, 2008, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times TC's Bulletin Board Town Board Members Building Department Town Attorney ZBA STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the /8'~'' day of~.~..~, 2008, she affixed a notice of which the annexed printed notice is a true copy, th a proper and substantial manner, in a most public place n the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Re: Bed and Breakfast Uses in Marine Districts PH 9/9/08 7:40 PM Sworn before me this /g day of ~.---f......~, 2008. Nota~'y Public' Southold Town Clerk LINDA J COOPER NOTARY PUBLIC, State of New York NO. 01C04822563, Suffolk County Term Expires December 31, 20f~ Southold Town Board - Letter Board Meeting of August 12, 2008 RESOLUTION 2008-783 ADOPTED Item # DOC ID: 4166 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-783 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 12, 2008: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 12th day of August, 2008 a Local Law entitled "A Local Law in relation to adding Bed-and-Breakfast Uses to Marine Districts" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 9th day of September, 2008 at 7:40 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to adding Bed-and-Breakfast Uses to Marine Districts" reads as follows: LOCAL LAW NO. 2008 A Local Law entitled, "A Local Law in relation to adding Bed-and-Breakfast Uses to Marine Districts" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - In order to be consistent with other allowable uses in these districts, this Local Law will include bed and breakfast uses in the Marine zoning districts by special exception obtained from the Zoning Board of Appeals. 11. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: ARTICLE XII, Marine I (MI) District § 280-52 Generated August 18, 2008 Page 44 Southold Town Board - Letter Board Meeting of August 12, 2008 B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board: (3) Bed-and-Breakfast uses as set forth in and regulated by 280-13B(14) ARTICLE XIII, Marine 1! (Mil) District [Added 1-10-1989 by L.L. No. 1-1989] § 280-55. Use regulations. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board: (7) Bed-and-Breakfast uses as set forth in and regulated by 280-13B(14). III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated August 18, 2008 Page 45