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HomeMy WebLinkAboutLL-1986 #05LOCAL LAW NO. 5 , 1986 A Local Law in relation to bed and breakfast facilities BE IT ENACTED by the Town 13oard of the Town of $outhold as follows: (additions indicated by underline; deletions by [brackets]) Chapter 100 (Zoning) of the Code of the Town of Southold is amended as follows: I. Subsection 14 of section 100-3013, as added by local law No. 1, 1986, is hereby renumbered subsection 15. II. Section 100-3013 thereof (Special Exception uses in "A" Districts) is amended and a new subsection (16) is added to provide as follows: 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, and, except for the uses set forth in subsection (16) hereof, are subject to site plan approval by the Planning Board in accordance with Article XIII hereof: - 111. IV. (16) The rentin~ of not more than three (3) rooms in an owner occupied dwelling for lodging and serving of breakfast to not more than six (6) casual and transient roomers, provided that the renting of such rooms for such pu, pose, is clearly incidental and subordinate to the principal use of the dwelling, subject to the following requirements: (a) That adequate off-street parking spaces shall be provided for such rented rooms in addition to pdrking spaces for the use of the family of the owner. Subsection (~.) of section 100-40B (Special Exception uses in "M" Districts) is amended to read as follows: (1) Any special exception use set forth in, and as regulated by [,] section 100-30B of this chapter except that the use set forth in section 100-3013(16) shall not require site plan approval. Subsection (1) of section 100-5013 (Special Exception uses in "M- I'' Districts) is amended to read as follows: (1) Any special exception use set forth in, and as regulated by [,] section 100-30B of thi~ chapter except that the use set forth in section 100-30B(16) shall not require site plan approval. Section 100-6013 thereof (Special Exception uses in "13" Districts) is amended and a new subsection (2) is added to provide as follows: Uses permitted by special exception by the 13oard of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided,and, except for the uses set forth is subsection (2) hereof, are subject to site plan approval by the Planning Board in accordance with Article XIII hereof: (2) Special exception uses set forth in, and as rec~ulated by section 100-3013(16) of this chapter. -2- VI. Section 100-70B thereof (Special Exception uses in "B-I" Districts) is amended and a new subsection (7) is added to provide as follows; 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, and, except for the uses set forth in subsection (7) hereof, are subject to site plan approval by the Planning Board in accordance with Article (7) _S. pecial exception uses set forth in, and as recjulated by section 100-30B(16) of this chapter. VII. Section 100-80B thereof (Special Exception uses in "C" Districts) is amended and a new subsection (18) is added to provide as follows: Uses permitted by special exception by the Board of Appeals, as hereinafter provided, and except for the uses set forth in subsection (18) hereof, are subject to site plan approval by the Planning Board in accordance with Article XIII hereof. (18) Special exception uses set forth in, and as rec~ulated by section 100-30B(16) of this chapter. VIII. Section 100-90A thereof (Special Exception uses in "C-1" Districts) is amended and a new subseCtion (48) is added to provide as follows: Section 100-90. Use regulations. In the C-1 District, buildings and premises may be used for any lawful purpose, except that no building and/or premises shall be used for [dwelling, boarding and tourist home,] hotel, motel or tourist camp purposes, and-the uses hereinafter set forth are permitted only by special exception by the Board of Appeals, as hereinafter provided, and, except for the uses set forth in subsection (48) hereof, are subject to site plan approval~by the Planning Board in accordance with Article Xltl hereof: __ Special exception uses set forth in, and as regulated by section 100-30B(16) of this chapter. IX. This Local Law shall take effect upon its filing with the Secretary of State. Dale 7/16/86 Dear Sir/Madam: Please be advised thal Local La~t~ or _1986 o~ ibc Town of Southold __ was 'were rece,ved a_nd fii~d on ~7/9/86 . e forv. arded upor Additional forms for filing oca aws wi h '~h ~ off ~e ~ I b NYS D~pammem of Stav- SEP3 ~ Bur-.au of Stale R¢cord~ '1'o~ Cl~ $oM.hold 383602 -004 (12/82} · '(Please Use this Form for Filing your Local Law with the Secretary of State) Text of law should be given as amended. Do not include matter being eli~ninated and do not use italics or underlinLagto ~nclicate new mat:er. c':~., · of 5outhold ' No...; ................................................ of d~e ~em' D .8.§ ....... Locnl Law 5 A local law .iB...r. cl.a~i.o, rx..[o.,l%c~..ao.cl...b.r.e~akf, aat...fa~iH~i.as ............................................................................. (bse~ Be it enacted by the Town Board -. ................................................................................................................................... or' the Oty of ...........S.9.u..t...h.°.!..d..' ................ , .......................................................................................................... as followsi Town Chapter 100 (Zoning) of the Code of the Town of Southold is amended as follows: 1. Subsection 14 of section 100-30B, as added by Local Law No. 1 1986 is hereby renumbered subsection 15. ' ' I1: Section 100-30B thereof [Special Exception uses in "A" Districts) is amended and a new subsection (16) is'added to provide as follows: 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, and, except for the uses set forth in subsection (16] hereof, are subject to site plan approval by the Pl_.anning Board in accordance with Article XIII hereof: (16) The 'renting of not more than three (3) rooms in an owner occupied dwelling for lodging and serving of breakfast to not more than six (6) casual and transient roomers, provided that the renting of such rooms for such purpose is 'clearly incidental and subordinate to the principal use of the dwelling, subject to the following requirements: Ill. (a) That adequate off-s:reet parking spaces shall be provided for such rented rooms in addition to' parking spaces for the use of the family of the owner. Subsection (1) of section 100-4013 (Special Exceptlor~ uses in "M" Districts) is amended to read as follows: (1) Any special exception use set forth in, and as regulated by section 100-30B of this chapter except; that the use set forth in section 100-30B(16) shall not require site plan approval L/~If additional space is needed, please attach sheets of the same size as this and,number each)"~ IV. VI. Subsection (1} of section I00-50B (Special Exception uses in "M~I" Districts) is amended t~ read as follows: (1) Any special exception use set forth in and as regulated by section I00-30B of this chapter except that the use set forth in section 100-30B(16) shall not require site plan approval. Section 100-60B thereof (Speclal Exception uses in "B" Districts) is amended and a new subsection (2) is added to provide as follows: Be U~es 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, and, except for the uses set forth in subsection (2) hereof, are subject to site plan approval by the Planning Board in accordance with Artlcle XII! hereof: (2) Special exception uses ~et forth in and as regulated by section 100-30B(16) of this chapter. Section 100-70B thereof (Special' Exception uses in "B-l" Districts) is amended and a new subsection (7) is added to provide as follows: 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 provlded~' and, except for the uses set forth in subsection (7) hereof, are subject to site plan approval by the Planning Board in accordance with Article XIII hereof. (7) Special exception uses set forth in, and as regulated by section 100-30B(16) of this chapter. VII. Section 100-80B thereof (Special Exception uses in "C" Districts) is amended and a new subsection (18) is'added to provide as follows: Uses permitted by special exception by the Board of Appeals as hereinafter provided, and except for the uses set forth in subsection (18) hereof, are subject to site plan approval by the Planning Board in accordance with Article Xlll hereof. (-18) Special exception uses set forth in, and as regulated by section 100-30B[16) of this chapter. VIII.Section 100-90A thereof (Special Exception uses in "C-1" Districts) is amended and a .new subsection (48) is added to provide as follows: Section 100-90. Use regulations. In the C-1 District, buildings and premises may be used for any lawful PUrpose, except that no building and/or premises shall be used for-.hotel, motel or tourist camp purposes, and the uses hereinafter set forth are. permitted only by special exception by the Board of Appeals, as hereinafter provided, and, except for the uses set forth in'subsection (48) hereof, are subject to site plan approval by the Planning Board in accordance with A.rticle XIII hereof. -(48) Special exception uses set forth in, and as regulated by section 100-30B(16) of this chapter. IX. This Local Law shall take effect upon its filing with the Secretary of State. (Complete the certification in the paragraph which applies to the filing of Lhis local law and strike out the ..matter therein which is not applicable.) 1. (F,i~al adoption by fatal legislative body only.) '~' I hereby certify that the local law annexed hereto, designated aslocal law No....~. ............. of 19..116. r-:.. Town Board ....... ~"~ of.. $.qg..t,,h.p[d... was duly passed by the ............................ · July 1 ' 19..8..6.... in accordance with the applic~lsle provisions of law. 2. (Passage by local legislative body with approval or no disapproval hy Elective Chief Executive Officer or repassage after disapproval,) I hereby certify that the local law annexed' hereto, designated as local law No .....................of 19 ........ County City of ...................................... was duly passed by the ............... of the Town Village no~ disapproved oa .................................................. 1.9 ........ and was approved by the ...................................................... repassed after disapproval Elective Chief Executftw Office~ and was deemed duly adopted on .......... , ................ 19 ........ , in accordance with the applicable provisions of law. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, d~signated as local law No ................... of 19.... ...... County City of ...................................... was duly passed by the ............................................. ; ........................................ of the Town (Name of Leginlative B~dy) Village not disapproved on ......... 19 ........ 'and was approved by the ............................................................... repassed after disapproval Elective Chi,~ ~xecutive Office~ ~ on ...................................................................... 19. ........ Such local law was submitted to the people by reason of a mandatory referendum,and received the affirmative vote of a majority of the qualified electors voting permissive general therecq at the special election held on .........~. ............................................. 19 ........ , in accordance with the appli- annual cable provisions"of law. (Subject to permiss!_ve referendum,and final adoption because no valid petition filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No ................... of 19. ......... County City of ...... was duly passed by the ..................................... on of the Town , ' (Nam~ of Legi*dative Body) . Village not disapproved 19 ........ and was approved by the ......................................................... on ...................................................... repassed after disapproval Elective Chi~! Executive Officer ~ ....................... 19 ......... Such local law being subject to a permissive referendum and no valid petition requesting such referendum having been filed, said local law was deemed duly adopted on ...................................................................... 19 ........ , .in accordance with the* applicable provisions of law. *Elective Chief Executive Off"~ nw~nt or includes tbs chief execmive officer of a county dected on · county.wide b,d, or. if there be none. the chairman of the county leg~ativo bo~y, She mayor of n city or vilh~e or the supervisor of s town, where such officer is vested with power to spprov~ or veto loc~ L~w~ or ord~m~, Page 2 (City local [aw concerning Charter re~ision proposed hy petition.) I hereby ce 'tit'y tha~ the local law annexed hereto, designated as local law No ..................... of 19 ........ :gF the City of .......................................................................... having been submitted to referendum pursuant to the of the qualified electors of such city voting thereon at the special gene rat election held on .................................. ................ 19 ............ became operative. 6.' (County local law con. cerning adoption of Charter.) I hereby certi}'y that the local law annexed hereto, designated as Local Law No ....... of 19 ...... of the County of-. ........................................ St;rte of New York, h. aving been submitted to the Electors at the General Election of November ........... 19 ........... pursuant to subdivisions 5 and 7 of Section 33 of the Muni- cipal Home Rule Law, and having received the affirmative vote ct' a majority of the qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the'towns of said county considered as a unit voting at said general election, bec&me operative. (If any other authorized form o[ final adoption has been followed, please pro~,ide an appropriate certigieation.) ~ I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript theFefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph ..... .1. ..................... above. (~0rk of tho County legiflativo body, City, Tel, iff or Village Cl~rk or officer designated by local leghlativ¢ body Date: July 2, 1986 Judith T. Terry., Town Clerk (Seal) (Certification to be executed by County Attorney, Corpo. ation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY ......................... :. I, the undersigned, hereby certif5 that the foregoing local law contains the correct text and that all proper proceed2ngs have been'had or taken for the enactment of the local taw annexed hereto. Date: July 2~ 1986 $tlln~tu~o ., .R, qb. . ........ Title $outhold 'l' own Page 3 PUBLIC HEARING SOUTHOLD TOWN BOARD JUNE 17, 1986 8:00 P.M. IN THE MATTER OF A PROPOSED LOCAL LAW ENTITLED, "A LOCAL LAW IN RELATION TO BED AND BREAKFAST FACILITIES". P resent: Supervisor Francis J. Murphy Justice Raymond W. Edwards Councilman Paul Stoutenburgh Councilman James A. Schondebare Councilwoman Jean W. Cochran Councilman George L. Penny IV Town Clerk Judith T. Terry Town Attorney Robert W. Tasker SUPERVISOR MURPHY: The first public hearing is on a proposed Local Law in relation to bed and breakfast facilities, to be read by Councilman Schondebare. COUNCILMAN SCHONDEBARE: "Public Notice is hereby given that there has been presented to the Town Board oN the Town of Southold, Suffolk County, New York, on the 6~h day of May, 1986, a Local Law entitled, "A Local Law in relation to Bed and Breakfast Facilities." 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 Halil, Main Road, Southold, New York, on the 17th day of June, 1986, at 8:00 o'clock P.M., at which time all interested persons will be heard." The Law is very long and very lengthy and I will waive the reading if there is no objection. (No objection). We have an affidavit of publication by The Long Island Traveler-Watchman. Affidavit of p~blication by The Suffolk Times. Affidavit that the proposed Local Law has ~been posted on the Town Clerk's Bulletin Board by the Town Clerk. We have communication from the Office of the Suffolk County Department of Planning~ dated May 12, 1986, which says this is a Local Law for local determination. We I~ave a correspondence from the Planning Board, dated May 20, 1986, which says: "Resolved that the Southold Town Planning Board recommend that the proposed Local Law in relation to Bed and Breakfast Facilities be amended to include a provision for site plan approval by the Planning Board. The Board feels that this is a type of use which should be reviewed under the site plan regulations." That is all the correspondence that I have. SUPERVIISOR MURPHY: Okay, we've heard the official reading of the notice. Is there anyone here in the audience would like to speak in favor of this proposed Local Law? Yes. In the back. Page 2 - Public Heari~.~ Bed & Breakfast MARY MOONEY-GETOFF: I have some letters from neighbors of people who would like to do bed and breakfast. (Letters from: William F. Coster III, Cutchogue, Francine Hauxwell, East Hampton, Theodore James Jr., Peconic. Petitions in favor signed by 19 people.) My name is Mary Mooney-Getoff. I'm the secretary of Host Homes of the North Fork, which is an organization that has recently been formed of people who would like to do bed and breakfast. I'd like to commend the Town for sponsoring, or for trying to put through this ordinance. I think it's going to be good for tourism, and I think it's going to be good for those people who would like to use their homes to bring in a little income in order to maintain them. think bed and breakfast will help us to preserve the rural character of the North Fork~, because as we know, in the summertime there are--all of the motels are full, and there are people who would come out and it's always possible that somebody would like to build a new motel to accommodate those people. I think iH we could house them in existing homes we would be doing something good for the community. I know that there are people who are opposed to bed and breakfast. I would just like to say that it's better, I think, to have people doing bed and breakfast than it would be if those same people made accessory apartments in their homes. When w do bed and breakfast it's generally on weekends--usually just in the summer-- sometimes in the spring and the fall. But if you have an accessory apartment you have peol~le coming up your driveway day after day, all the time--children--it'sa fulltime tt~ing. We certainly would try to do bed and breakfast in such a way as not to antagonize people, and I hope that you will see your way clear to pass this ordinance. Thank you. SUPERVISOR MURPHY: Thank you. Is there anyone else over here on the left would like to speak in favor of this proposed Local Law? Anyone else in the center? To speak in favor of the proposed Local Law? On the right? Jerry? Would you like to speak in opposition? GERARD GOEHRINGER, Chairman, Board of Appeals: I really don't want to speak against the law. This is very difficult for me because we've never come before this group before to really discuss any particular issue that we felt at odds with, and we're not really at odds in this particular case either. In fact we had recently a public I~earing on a bed and breakfast proposal and we had to turn it down and we feel it meets certain criteria that we were looking for within this Local Law. We feel, however, that some additional standards could be added to the law. I'll give you 'three in particular. The area of signs. I'm talking about signs indicating that the house is used, or the dwelling is used for bed and breakfast. The issue of subdivisions, and we're talking specifically maior subdivisions in this particular case. Possibly a minimum--whatever the case may be. And there are other issues which we c~n talk about, but the other one specifically the Board is concerned with, and that is minimum square size of lot area. And I know that we're dealing with off- street parking, and I think that there are lots possibly in the Town where there are dwellings presently that may not be large enough to accommodate off-street parking, and these are three of the maior standards that we're talking about. There are other ones, of course, that are very minor to the Board, but they have asked me to come down and discuss this mainly with you as the Chairman. This is no reflection upon anybody that has developed this Local Law--this proposed Local Law, and I sincerely hope that you'll take these into consideration in dealing with this. SUPERVISOR MURPHY: Thank you. Is there anyone else would like to speak in oppositio~ to this proposed Local Law? On the left? Page 3 - Public Heari~.~ Bed & Breakfast ARTHUR GOSSNER: I'm a resident of Peconic. Supervisor Murphy and members of the Town Board. There can be no logical reason for the Town Board of Southold to pass a Local Law to permit Bed & Breakfast businesses in residential areas. To do so will destroy the very nature of residential areas and take away the rights of the property owners surrounding these establishments. It is nothing more than a form of strip zoning and if permitted, why have any zoning? A Bed & Breakfast is nothing more than a business as pointed out by the New York Sea Grant Extension bulletin entitled, "Considerations in Starting a Bed & Breakfast Business". It states that they must be operated as such and are subject to all the regulations covering businesses. While in theory a Bed & Breakfast is meant for overnight transient guests, there is absolutely no provision in the proposed law to control the length of stay and it is an open invitation for the establishing of boarding houses by being able to rent rooms by the day, week, month or even by the year. Perhaps a better name for ~he proposed law would be "A Local Law to Establish Boarding Houses in Residential Areas". Businesses belong in areas zoned for business and if a Bed & Breakfast is geared for tourism, then they should only be allowed in business zones zlong the main highways easily accessible to the people they cater to. Real Estate Brokers will confirm that it will be detrimental in the sale of a residential property if a Bed $ Breakfast is operating close by and what prospective home buyer would be anxious to locate next door to a transient rooming facility. For the record, I am also givin~ you a copy of our letter addressed to the Code Committee and Members of the Town Board dated March 25, 1986, outlining our views and concerns and in the interest of brevity I will not read it into the record at this time. Please take the time to re~read it and give careful consideration to what is stated before voting on this proposed law. The only correct and fair action on the part of the Board would be not to pass this proposed law and to take the necessary action to see to it that the current laws are enforced to prevent the renting of rooms to transients in private homes. If you continue to look the other way and permit these operations, you will help in the destruction of residential areas of Southold Town. Thank you. (Mr. Gossner slubmitted his prepared statement, a March 25, 1986 letter to the Members of the So~thold Town Code Committee & Town Board, signed by Arthur G. Gossner and Millicent D. Gossner, and an article entitled, "Backroading: A Happy Foray To The North Fork", from Newsday, Sunday, May 19, 1985, concerning Bed & Breakfast facilities. ), SUPERVISOR MURPHY: Okay, is there anyone else over here on the left would like to speak in opposition to this proposed Local Law? Anyone down in the middle? Anyone over here on the right? Sir. HARVEY ARNOFF: I live here in Southold. Please excuse my appearance. I was riding my bike by tonight and I'd forgotten about the meeting, otherwise I wouldn't be dressed this way. In any event, I would like to speak out against the law as proposed by the Board. The concept itself, I believe, has very salutary effect. The everall concept is not one that I think we should all be opposed to. However, how does one implement it to prevent abuses, and I don't think the statute addresses that. It doesn't address issues such as the handicapped and New York State Build- ing Codes, and the rest of it which might apply--I don't know if inquiry has been made in that area. Additionally, th'e potential for abuse far outweighs the benefit to this community, and I think that is really the concept that you should address. How do you police, with an already overworked Building Department and Building Department staff? How does one police the abuses of people who instead of taking in one person for bed and breakfast on a weekend, takes in six people as boarders on a year around basis? Are we going to send Building Inspectors, or personnel Page 4 - Public Heari~.~j Bed & Breakfast from and utilize taxpayer's money to find out--to knock on the door and say, "Who's living here, and for how long have you been here?" And I can assure you if they ask the people who've been there, they'll say one or two days because they don't want to be thrown out either. So in reality you are creating, indirectly, boarding houses, and I don't see how you can prevent it. At least you can't prevent it with the law as presently promulgated. I think if the law were rewritten, with certain very strict and stringent requirements, I think perhaps then it might be more palatable to the taxpayers of this Town. Thank you. SUPERVISOR MURPHY: Thank you. Anyone else like to address the Town Board on any concerns on this proposed Local Law? Yes? RANDY WADE: There were so many things that were just brought up. Issues that never would have occurred to me. Like this idea of somebody pretending that a person has been there for two days. You could be an individual anywhere in the Town and have somebody come and stay--have guests in their home -you know. Are they iust your friends, or are they renting? I mean, it's totally not to the point. Also, there seems to be some fear that it's just a much bigger sort of a real business than it actually is. You're talking about two rooms that are rented on a very part- time basis, and the reason people like staying in these places is because usually it's in a beautiful home and somebody's trying to restore the historic quality and character of the home, and maybe they can't afford to without this little income. In areas like this all over the world it's an accepted thing now, and it also--I don't know--it could only be an asset for the North IFork. We have wineries now and wineries and bed and breakfast and fishing villages sort of are all one of a piece, you know? The other thing about quality control. Bed and breakfast, because it's just a small thing in ~omebody's very nice quiet home, we get business by referral, and people don't refer people to dirty or run down houses. I was trying to think. All I can say is that my neighbors are very happy to have me doing this and it's a much quieter operation than if I just had maybe my sister come to visit who might be a little mo~e noisy. People who stay in bed and breakfast are generally, you know, very quiet couples and very polite and gracious. Thank you very much. SUPERVIISOR MURPHY: Thank you. Anyone else would like to address the Town Board on this proposed Local Law? Yes, sir? COUNCILMAN SCHONDEBARE: We haven't passed the law yet, madam. MRS. WADE: Okay, thank you. COUNCILMAN SCHONDEBARE: You do realize that? VOICE: She lives in Greenport. COUNCILMAN SCHONDEBARE: Village--Incorporated Village? VOICE: Right. COUNCILMAN SCHONDEBARE: Let it lie: That's enough. You're in the Incorporated Village. Page 5- Public Heari,~ Bed & Breakfast GEORGE NOWEY: I really am surprised at myself, because I didn't come here to make any speeches, but I have listened to some very interesting conversation and comments made by many people, and I reach a point where I find I'm asking questions. How has the need for bed and breakfast---well, the very title of it is real repulsive I think to most people in Southold Town, bed and breakfast. How do we know where the bed and breakfast place is going to be unless we advertise? Is there a demand for this kind of service from people outside the community, or is it people in the community who are looking for additional income? I ask questions. I don't know what the answers are. I must say that I can't help to think if anybody along side of me had a bed and breakfast place I'd be a little bit disturbed, because I'd wonder who the people were for that weekend. What kind of dogs were they bringing in and out. What restrictions do we have? I think it's a very, very serious problem, and I think it's one that should be carefully considered by this Board. I have think you have heard many, many valid reasonable points and I iust wanted to add my little bit to it. Thank you. SUPERVISOR MURPHY: Thank you, sir. Anyone else like to make any further comments on this proposed Local Law? (No response.) If not, at this time I'll close the hearing. Judith T. Terry Southold Town Clerk ' 10, 1996 ~--L] section IO0~OB .~ of this chapter ~ cept that the one asr ~ in seotion 100- ~OB(16) shall not quire sits plan ap- prowl. V. Section 100-60B thereof (Special Exception u~ce in "B" Districts) is amended and a new s~bsection (2} is added ts provide ~s follows: B. Usce permitted by spec- ial exception by the Board of Appeals. The following use~ are per- mitted as a special ex- Appeals, as hereinafter provided, and, except for ~s~puse~ set forth in sub- {2) hereof~ are subject to sits plan ap- prOvui by the Planning Board in acco~ance with Article X~ he~eof: (~2) Special exception use~ set forth in, and as re~ula~d by section 100- 30B¢16} of this chapter. VI. Section 100-70B the~cef (Special Exception uses in "B-l" Districtsl is amended and a new sutmection (7] is ~M~d ts provide as follows: B. Uses permitted hy spec- ial exception by the Board of Appeals. The following uses are per- mittai as a special ception by the Board of Apponls, as h~inaRer provided, and, except for t~e usas set forth in sub- section (?l hereof, are sut~t ta sits plan p~oval by the Planning Board m accordance with Artiole XIII hereof. (~7} Special except~)n uses set forth in, and as reEulatsd by section 100-30B(16) of this chapter. VII. Section 100-80B thereof (Special Exception uses in "C" Districts} is amended and a new subsection is added to p~ovide as fol- lows: B. Uses permittsd by spec- ial exception by the Board of Appeals. as he~einaRer provided. and except for the uses set forth in subsection ( t8) hereof, are subject to ~ts ~lan approval by the dance with Article XlIl hereof. (18} Special exception and as re~tlatsd by section 100.30B(16l ~this chapts~. VilLSection 100-90A thereof (Sp~ial Exception u~es in "C-I~ Districts} is amended and a new subsection (48l is added -to provide as fol- tions. A. In the C-1 District. buildings and prem~se~ may _he uasd for any ful parpoce, exce~ that no building a~ p~em- ises shall I~ used for [dwelli~ boa~ling and touriot home.] hotel. m6tel or tourist camp pm~ces~ and the uses b~ereizmfter set fo~h are pennitted only by spec- ia] exception by the Board of Appeals. as hereinafter provided. and~ except for the u~es set forth in subsection (48] hereof, are subject to LOCAl, LAW NO. 6 - NOI~CE IS ~Y ~ ~e~ ~ Town of ~u~, ~ ~ ~ m~ing ~R on July 1, 1~ ~ ~w No. 5 ~ 1~ "A ~ ~w ~ ~la~n ~ 'B~f~ F~lities'. whi~ ~ as ~l~s: BE ~ ENA~D by ~e To~ ~ ~ the T~ of~old folios: t~o~ ind~ by ~edine; del~o~ hy C~p~r 1~ {~} ~ the ~ ~ ~e To~ of ~u~old is amen~ ~ ~1]~: I. Su~on 14 of ~t~n 1~, ~ ed~ by ~n~ ~ 15. ~ion I~B their (~ial Ex~on ~ in and a n~ ~ (16) is ~d~ ~ pm~ ~ fol- 1o~: B. U~ ~it~ by s~- iai e~on by ~e ~ of Aphis. followi~ ~ mit~ ~ a s~ial ex- ~p~on ~ ~e ~ of ~ a~, ex.pt for ~e ~ ~t f0~ in su~ sublet ~ si~ plan ap- parel by the Pla~ing B~ in with A~icle ~II he.f: ~16} ~e ~ ofn no~ mo~ ~an ~e ~c~ dwelling for ~ng ~ not ~ t~n six ~6~ ~u~ and t~t ~me~ p~d~ ~at the ~ ~ ~ dw~li~ ~ m ~e fol- ~ui~ ~ ~k- ~ ~ ~di- ~ion ~- ~rking ~ ~e ~ly of~ o~. ~. Su~on ~1~ ~ ~on I~B (S~al Ex~on u~ in "~ Di~} is amend~ ~ ~d ~ follows: (1~ ~y s~l ex~ tion ~ ~ ~d ~ ~ by [,] ~ion I~-30B 30B~16) ~ q~ si~ pl~ a~ prove, site plan approval by the IV, Sub~cti~ (1) of section 1 ~3.si3~{~m~d ~l Ex~ntion rtalmmg ~ in accor- is Article xm --,nd ndasfollow,: tion ~md as ~'egulsted by section 100-30B(16) of this chapter. IX. This Local Law shall take effect upon its filing with the Secrota~ of Stats. DATED: July 1, 1986. JUDITH T. TERRY SOUTHOLD TOWN C'LERK 1TJy10-§296 'ATE OF NEW YORK ) ! SS: ~UNTY OF SUFFOLK ) =y Ellen Kelly of Greenport, in J County, being duly sworn, says that he/she is ~cipal Clerk of THE SUFFOLK TIMES, a Weekly vapeper, published st Greenport, in the Town ;outhold, County of Suffolk and State of New ~, end that the Notice of which the annexed ia 'inted copy, has been regularly published in Newspaper once each week for 1 ks successively, commencing on the ,, of july 19 86 ~ 15rincipel Clerk 'n to I~fore me this ~_~ f- .'"~/_ ~--'(~/ ~9~ / ~/~: / ~A~ ~SLIC,~ of ~Y~ ~ Term Lxpires ~eo ~ LEGALJ~NOTICE NOT{CE OF ADOPTION LOCAL LAW NO/$;t986 NOTICE IS HERBBY GIV- EN that the.TownBoard or,he Town of Southokl~at n meeting held on July 1, 1986, adopte~ ~ ~ No~ 5:1986 entitled, "A L~al Law in rela- tion to ~ and Break[~t Facilities," ~ht~h reads~ ~s followS: ' BE IT E~ED by ~the Town BoaM pf ~ Tow~ 9f South01d as ~6~s: indicated in ~; ~lefi°m bY' [brack6ts]); ~ ~, ~ ~.. Chapt& 1~ (Zoh~ng) ~f~ Code of the Town of is amended as follows: I. Subsection 14'0f s~ti~n I~-30B, as a~ by~L~) Law No. 1~ is~h~eby renum~r¢~ ~ 13; 11. Section (Special Ex~ti~ ~s i~i~' Districts) is amend~ ~d ~ subsection (16) is add~ to pro- vide as follows: B. Uses permiIt~ b~ ~ial exception by the B~rd of~ peals. The foll~i~ ~s ~ permitted as a s~i~ ex~pti~ by the ~ard.o~ App~is; as herei~fter p~ ~d~ ~t for the ~ ~ with i~i~ XI~ ~l~ (16) ~e ~ of not than th~ 'O)~ ~ ~ owner ~cupi~. dwelling br a~' tmflslen~ r~P~vid- ed that ~e ~l ~ such roo~ f~ s~h ~0m is elegy qnc~ent~ ~ dwdlinl, subj~ to inl ~ui~man~: (ayThat a~ ~f~t ed for ~ ~ dition to p~or 111, Sub.ion (t)'of ~ion I~B (S~ial E~ion ~s in "M' Dist~s)~e~ to read ~ fo~o*~ , O) a~Y S~ia! ~on use set fo~h in,' ~d~ ~c~lat~ [,] s~0~' a~30B bf this chapter e~ ;~I ~ nn shall not require ~te ~an appro~i IV. Subs~tion (!) 1~5~ (S~i~ ~iion u~ in "M- 1' Distd~s) is men~d to read as f~lowsf (1) Any s~ci~ ex~ion use ~t fo~h in,~d as re~alat~ by [,] section t~30B of this chapter except ~at the u~ ~t fo~h in ~tion 1~30B(16) shall not ~q~, site plan approval. V. ~ctlon I~B ~hereof (Special Exception ~tS in "B" Districts) is mended ~d a new subsection (2) is added W pro- vide as follows: B. Uses per.teed by special exception by the Board of Ap- peals. The following uses are ~rmitted as a s~dal exception by the Board of Appeals, as hereinafter provided, and, ex- cept for the u~ ~.fo~ in sub.eton (2) ~e~of, are sub- ject to site plan appr0~ by the Planning ~ard in accordance with A~icle XIII hereof: (2) S~ial ex~ption u~s ~t forth in, ~d ~ ~ulat~ by section 1~-30B(16) of this chapter. ~Secretary of State. DATED: July 1, 1986. JUDITH T. TERRY, SOUTHOLD TOWN CLERK IT-7/10/86(4) Districts) is amended and a new subsection (18) is added to pro- vide as follows: B. Uses permitted by special exception by the Board of peals, as hereinafter provided, . .and except for the uses set forth m subsection (18) hereof, are subject tO ~ite p~an approval by the PlanningBoard in accordance with Article XIII hereof. (18) Special exception uses set forth in, and as regulated by section 100-30B(16) of this chapter. VIII. Section 100-90A thereof (Special Exception uses in "~C-I" Districts) is amended and a new subsection (48) is added to provide as follows: Section I00-90. Use regulations; A. In the C:I District; buildings and premises may be used for any lawful purpose, ex- cept that no bnilding and/or premises shall be 'used for [dwelling, boarding and tourist home,] hotel, motel, or tourist camp purposes,' and the uses hereinafter set forth are permit ed only by specml exception by the Board of Appeals; as hereinafter provided, and, ex- [cept for the uses set forth in subsection (48) hereof, are sub- ject to site plan approval by the Planning Board in accordance vith Article X/Il hereof: (48) Special exception uses set orth in, and as regulated by ection 100-30B(16) of this hapter. IX. This Local Law shall take tffect upon its filing with the COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ..................... ./. .... weeks successively, commencing on the .......... ./~..~ ......... day of .... ( :~:~ ....... 19 ..ocv.~.. Sworn to before me this .......... .~..~ ....... day of ........... ...... VI. Section lO0*70fi thereof, (Special Exception uses in "B4" Districts) is amended and a new subsection(7) is added to prqvide as follows: B, Uses permitted by special exception by the Board of Ap- peals. The following uses are permitted as a special exception by the'Board of Appeais, as rmm~A~de,~ in ma:ordance wi~ ~(lt! hereof. (7)SPeCial exception uses set forth in, and as regulated by ~section 100-30B(16) of this chapter. VII. Section IO0-80B thereof (Special Exception uses in "C" Notary Public BARBARA FORBES Notary Putdie, State of New York No. 48068 ~6 Qual;fied? Suffolk County Commi~sk,n Expres d'd,~.5 / 19 ~'