HomeMy WebLinkAboutLL-1987 #01LOCAL LAW NO. 1987
A Local Law in relation to Accessory
Apartments in existing dwellings
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Section 100-30B, Subsection (18) (accessory apartment) is hereby amended
by adding a new paragraph thereto, to be paragraph (q), as follows:
(q) No bed and breakfast facilities, as authorized by Section 100-30B(16)
hereof, shall be permitted in or on premises for which an accessory
apartment is authorized or exists.
11. This Local Law shall take effect upon its filing with the Secretary of State.
Dale .5/8/87
Dear Sir/Madam:
Please be advised thai LocaJ Law(s) No. 1, 2 & 3
- of 1987of the Town of SouChold
was/were received and filed on 4/3/87
Addiuonal forms I'or filing local laws wizh Ibis office will be forwarded upon
requesl.
NYS Departmenl of 5ta~e
Bureau of Sla~e Records
(Please Use this Form for Filing your Local Law with the Secretary of State)
Text of law should be given as amended. Do not use brackets for matter to be eliminated ~and do not
use italics for new matter.
~ ~f ' Southold
'~0wn o ..........................................................................................
xYd~bge
Local Law No ............................................... .] ....... ~.. of the year 19 1~1. .......
A local law in relation to accessory apartments in existinq dwel inqs
(ln~m titl.)
Be it enacted by the Town Board
.......................................................................................................................................... of the
(N~me of Lef~iftlative Body)
t~i~/[ Southold '
of ..................... ~ ................................................ hs follows:
Town ..............................
II.
Section 100-30B, Subsection (15) (accessory apartment) is hereby amended
by adding a new paragraph thereto, to be paragraph (Cl), as follows:
(q) No bed and breakfast facilities, as authorized by Section 100-30B[16)
hereof, shall be permitted in or on premises for which an accessory
apartment is authorized or exists.
This Local Law shall take effect upon its filing with the Secretary of State.
additional space is needed~ please attach sheets of the same size as this and number each)'-amm
(Complete the certification in the paragraph which applies to the filing of this local law and strike out the
matter therein which is not applicable.)
(Final adoption by local legislative body only.)
1. I hereby certif7 that the local law annexed hereto, designated aslocal law No ................... of 19 .8.7....
Southold , , . the Town Board
of the ~.ix~ of ..................................... was amy passed ny ............................................................................................
Town {Name of Legislative Body)
on ........ Ma,.cb..23 ................... 19...1t7. in accordance with the applica'ble provisions of law.
(Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer
or repassage after disapproval.)
2. I hereby certify that the local law annexed bereto, designated as local law No ..................... of 19 ........
County
City
of the Town of ...................................... was duly passed by. ...........................................................................................
(Name of Legislative Body)
Village
not disapproved
on .................................................. 19 ....... and was approved by the .......................................................
repassed after disapproval Elective Chief E .... tire Officer
and was deemed duly adopted on ........................................................ 19 ........ , in accordance with the applicable
provisions of law.
(Final adoption hy referendum.)
3. I hereby certify that the local law annexed hereto, designated aslocal law No .................. : of 19 ..........
County
of the City of ...................................... was duly passed by the ......................................................................................
Town (Name of Legislative Body)
Village
not disapproved
on ................................................... 19 ........ and was approved by the ...............................................................
repassed after disapproval Elective Chief l~xecutive Officer
on ................ . ..................................................... 19. ........ Such local law was submitted to the people by reason of a
mandatory
permissive refercndarc and received the affirmative vote of a majority of the qualified electors voting
gene---~al
thereon at the special election held on ..................... : ................................ 19 ......... in accordance with the appli-
annual
cable provisions of law.
(Subject to permissive referendam and final adoption because no valid petition filed requesting
referendum.)
4. I hereby certify that the local law annexed hereto, designated as local law No ................... of 19 ..........
County
City
of the Town of ................................... was duly passed by the ................................................................................ on
(Name of Legislative Body)
Village not disapproved
...................................................... 19 ........ and wa.~ approved by the ......................................................... on
repassed after disapproval I,]lec~ive [;hief Executiv,. Officer
.............................................................. 19 ......... ,SUe] local law bei,xg subject to a pcrali.~sivo referendum and ilo
valid potitiou rc(lu~'sling snch ro£ert, ndum having~bcen fib,d, said local law was d(,emcd duly adol,led ,n
...................................................................... 19 ........ in accordance with the applicable provisions of law.
*Elective Chief Executive Officer means or includes the chief executive officer of a county elected
on a county-wide basis or if there be none the chairman of the board of supervisors, the mayor of a
city or village or the supervisor of a town, where such officer is vested with power to approve or
veto local laws or ordinances.
(City local law concerning Charter revision proposed hy petition.)
5. [ hereby certify tha't the local law annexed hereto, designated as local law No .....................of 19 ........
of the City of .......................................................................... having been submitted to referendum pursuant to the
provisions of ~
36
37 of the Municipal ttome Rule Law and having received the affirmative vote of a majority
special
of the qualified electors of sucl, city voting thereon at the general election held on ..................................
................ 19 ............ became operative.
(County local law concerning adoption of Charter.)
6. I hereby certify that the local law annexed hereto, designated as Local Law No ....... of 197 .... of the
County of ........................................ , State of New York, having 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 of 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, became operative.
(if any other authorized form of final adoption has been followed, please provide an appropriate
certification.)
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 therefrom and of the whole of such original local law, and was
finally adopted in the manner indicated in paragraph ............................ above.
(--~leyJ~'~-~'f the Board of Supervisors. City, To. or Village Clerk or Officer
dealgnated hy 1,ocal Legi l~tive l~ody
Judith T. Terry, Town Clerk
Date: March 27, 1987
(Seal)
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 .....S..U..EF_.O..LK ...........................
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all
proper proceedings have been had or taken for the enactment of the local law annexed hereto.
(Title of Officer) Towlq Attorney
of ......... ....................................
Town
Dated: March 27, 1987
PUBLIC HEARING
SOUTHOLD TOWN BOARD
March 24, 1987
8:00 P.M.
IN THE MATTER OF A PROPOSED LOCAL LAW ENTITLED "A LOCAL LAW IN
RELATION TO ACCESSORY APARTMENTS IN EXISTING DWELLINGS".
Present:
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
SUPERVISOR MURPHY: The firSt hearing is at 8:00 o'clock, Southold Town Hall,
on a"Local Law in relation to Accessory Apartments in existing dwellings." I'd
like to ask Councilman Schondebare to do the official reading.
COUNCILMAN SCHONDEBARE: "PUBLIC NOTICE is hereby given that there has
been presented to the Town Board of the Town of Southold, Suffolk County, New
York, on the 24th day of February, 1987, a Local Law entitled, "A Local Law in
relation to Accessory Apartments in existing dwellings." Notice is further given
that the Town Board of the Town of Southold will'hold a public hearing on the afore-
said Local Law at the Southold Town Hall, Main' Road, Southold, New York, on the
24th day of March, 1987, at 8:00 o'clock P.M., at which time all interested persons
will be hearding. This proposed "Local law in relation to Accessory Apartments in
existing dwellings" reads as follows, to wit:
BE IT ENACTED by the Town Board of the Town of $outhold as follows:
I. Section 100-30B, Subsection (15) (accessory apartment) is hereby amended by
adding a new paragraph thereto, to be paragraph (q), as follows:
(q) No bed and breakfast facilities, as authorized by Section 100-30B(16)
hereof, shall be permitted in or on premises for which an accessory
apartment is authorized or exists.
11. This Local Law shall take effect upon its filing with the Secretary of State.
Copies of said Local Law are available in the Office of the Town Clerk to any
interested persons during business hours. Dated: March 10, 1987, Judith T.
Terry, Southold Town Clerk."
I have a affidavit of publication by The Long Island Traveler-Watchman, and
a affidavit of publication by The Suffolk Times. Affidavit of posting of same by
the Town Clerk on the Town Clerk's Bulletin Board.
I have a letter from the Planning Board, dated March 10th, 1987: "Resolved
that the Southold Town Planning Board recommends to the Town Board that the proposed
Local Law in Relation to Accessory Apartments in existing dwellings be approved."
We have a communication by a letter from the Department of Planning, County
of Suffolk, dated March 4th, 1987, which in a sense says this is a decision of local
determination and should not be considered as an approval or disapproval by the
County of Suffolk.
That's all the communications that I have in the file.
Page 2 - LL - Accessory ~ rtments
SUPERVISOR MURPHY: Thank you, Jay. You've heard the official reading of the
public notice on this hearing. Is there anyone in the audience would like to make
a comment on this proposed Local Law? On the left? In the middle?
PHIL BARTH~ My name is Phil Barth. I live at 725 Terry Lane in Southold. I'd
like to start off my comments by reading a little piece from The New York Times,
Long Island Section. It says, "The East Hampton Chamber of Commerce lists 45
bed and breakfast places. The Town permits them as an accessory use of one family
homes as long as they look, smell and act like single family residences." This was
a quote from Town Attorney Russell Stein, Now, I think that the Town Board is
very wise in their adding to the accessory apa~'tment law, and the bed and breakfast
law, the fact that if there's one on the premises there shouldn't be another, because
if both of them were allowed I think they would not smell, act and look like single
family residences.
SUPERVISOR MURPHY: Thank you, sir, for your comments. Is there anyone else
would like to comment on the proposed Local Law? Over on the right? (No response.)
Any Town Board members?
COUNCILMAN PENNY: ! just have a question. We're you speaking for or against
the law ?
MR. BARTH: For.
COUNCILMAN PENNY: Thank you.
SUPERVISOR MURPHY: Any other Town Board members? (No response.) If not
we'll close this hearing.
udith T. Terry ~/
Southold Town Clerk
COUNTY OF SUFFOLK
STATE OF NEW YORK ss:
LEGAL NOTICE
NOTICE OF
PUBLIC HEARING
ON LOCAL !L~W '
PUBLIC NOTICE is hereby
given that there has been
presented to the Town Board of
the Town of Soathpld, Suffolk
County, New York,°n the 2~th
day of February, 1987, a Local
Law entitled, ;'A Local LaW in
relation to A~,ceaSory~Apart.
meats in exis~ dwel!ings:,
NOTICE IS FURTHER GIV-
EN that the Town ~ of the
Town of ~0uthold will 'held a
public hearin~ ou the aforesaid
Local Law at the ~outhold 'lbwn
Halt, Main~ Reed, 'Southold,
New York, on :tile 24th day of
March, 1~87 at 8.'00 o'clock
P.M, at which time all int~
persons will he heard.
This proposed "Local Lawin
relation to Accessory Apart-
ments in. existing dWellinl~s"
r~ads as follows, to wit:
BE IT ENAC-~D by the
Town Board of 'the Town of
Southold as follows:
1. Section 100~301~ Subsec-
tion (15) (accessory apartment)
is hereby amended by adding a
new paza~koh thereto, to he
paragraph (q),~ follows:
(q) No bed uad breakfast
f~cilities, as authorized by Sec-
tion 100-30~(t6) her~ff, shnfl be
permitted in or Oa'l~'emises for
feet' upon its firing with the
Copies or,aid.Local Law are
available in the O~ of the
Town Clerk to any interested
persons during business hours.
DATED:'March 10, 1987
JUDITH T, TERRY,
SOUTHOLD TOWN CLERK
1T-3/19/87(11)
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 Travef~er-Watchman
once each week for ........................... weeks
successively, commencing on the ........ J~' ~
day
......... , .....
...- ....
Sworn to before me this J~ ~ day of
...... .......
Notary Public
BARBARA FORBES
]Notary Public, State of New York
No. 48068~6
Qualified in Suffolk County
Commission Expires~'<Q~
LEGAL NOTICE
NOTICE OF
pUBLIC HEARING
ON LOCAL LAW
PUBLIC NOTICE is hereby
given thai there has been pre-
~n~d to the Town Board of The
Town of Southold. Suffolk
County. New York, on the 24
day of February, 1987, a Local
Law entitled, "A Local Law in
relation to Accessory Apart-
ments in existing dwellings"
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 Seuthold Town
Hall, Main Road, Southold, New
York, on the 24th day of March,
1987, at 8:00 o'clock F.M., at
which time all interested per-
sons will be heard.
This proposed "Local Law in
relation-'; to Accessory Apart-
ment~ in existing dwellings"
reads as follows, to wit:
BE IT ENACTED by the Town
Board o[ the Town of Southold
as follows:
I Section 100o30B, Subsection
1151 (accessory apartment) is
hereby amended by adding a
new paragraph thereto, to be
paragraph IqL as fo iowa;
iq/ No bed and breakfast
thcibties, as authorized by Sec-
lion 100-30Bt 16) hereof, shall be
permitted in or on premises for
which ;an accessory apartment is
authorized or exists
11. This Local Law shall take
effect upon its filing with the
STATE OF NEWYORK )
) SS:
COUNTY OF SUFFOLK )
CarolAnn Sgarlata ofGreenport, in
said County, being duly sworn, says that he/she is
Principal Clerk of THE SUFFOLK TIMES, a Weekly
Newspaper. published at Greanport, 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 One
weeks successively, commencing on the 19
day of M~ r~h
Copies of ~aid Local Law are
available in the Office of the /-
Town Clerk to any interested ~ ~ //~ ///
peraonsduring buainesshours. ~ ~ ~.~/~
DATED: March 10, 1987 ~/~- - / /~. /,
JUDITHT. TERRY // / Principal Ci~/rk1
SOVTHOnDTOWN CLEaS -- /
Sworn to I~f. oro mo this ~C~/_~:_