HomeMy WebLinkAboutLL-1987 #02,/
LOCAL LAW NO.
1987
A Local Law in relation to Bed and Breakfast facilities
B E IT ENACTED by the Town Board of the Town of Southold, as follows:
I. Section 100-30B, Subsectin (16) (Bed and Breakfast Facilities) is hereby
amended by adding a new paragraph (b) thereto, to read as follows:
(b) No accessory apartment, as authorized by Section 100-30B(15)
hereof, shall be permitted in or on premises for which a bed
and breakfast facility is authorized or exists.
II. This Local Law shall take effect upon its filing with the Secretary of
State.
Daze: 5/8/87
Dear Sir/Madam:
Please be advised lh.a~_Lo_c_ ai Law(sJ No. I~l, 2 & 3
of l~lof~he To~,ra of
was/were received and ~'lle~ Oll ~
Addilional forms for filing
requesL lOCal laws wii~ Ibis ogfice will be forwarded upon
'~ e*~. El VED
MAY 1 9 7987
Southold Town Clerk
NYS Departmem of Szale
Bureau or' S~ale Records
(Please {]se 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.
x~ Southo d
Town of ............................................................................................................................
xYd~l~ge
2
Local Law No .................... ; ...................................... of the ~,ear 19 aZ .......
A local law in relation to bed and breakfast facilities
Town Board
Be it enacted by the. .................................................................................................................................. ~ ...... of the
or .......................... .......... ................................................................. i .............................. as renews:
Town
I. .Section 100-30B, Subsection (16) (Bed and Breakfast Facilities) is hereby
amended by adding a new paragraph (b) thereto, to read as follows:
(b) No accessory apartment, as authorized by Section 100-30B(15)
hereof, shall be permitted in or on premises for which a bed
and breakfast facility is authorized or exists.
II. 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 nu,mber each)'-~JIl~
(Comph;te thc eertificalion in thc [~aragraphwhich applies to the[fling of this local law and strike out the
matter th.en~in ~dfich is m~t tqqflieahle.)
(Fioal ariel)lion I)y hi(mi legislative body only.)
87
I. I hereby certify that the local law annexed hereto, designated aslocal law No ..... ~ ............ 0f 19 ........
of the ~k~ e SoUthold
'l'~wn m ...................................... was duly passed by the Town Board
(Name {,~ I,egiulative llody)
~x~,
n ........~.~C[1..Z~ ................... ~...~.7 Jlt ~cco~Jance with the ~ppHcabJe pmvi~Jon~ ~[ law.
(Passage by local legislative hody witb approval or no disapproval by Elective Chief Executive Officer
or repassage after disapproval.)
2. I hereby ccrtifylha! file local law annexed hereto, designatedaslocallaw No .................. ~..of 19 ........
Co u n t y '
City
of the Town of ...................................... was duly pflssed by ..................................................................................... i ......
(Name of Legi~slative Body)
Village
not disapproved
on .................................................. 19 ........ and was approved by the .......................................................
repassed after disapproval Elective Chief Executive Offiner
and was deemed duly adopted on .-5 .................................................... 19 .........in accordaace with the applicable
provisions of law.
{Final adoptim, by referendum.)
3. I herehycertify that the local law annexed bereto, designatedaslocal law No .................. -. of 19 ..........
County _.
of the City of ...................................... was duly passed by the
Town
.................. ............................
Village
not disapproved
on ................................................... 19 ...... arid was approved
by the ...............................................................
repassed after disapproval Elective Chief fl~xeeutive Officer
on.! .......... J ........................................................ 19. ........ Such local law was'submitted to the people by reason of a
maud. ate. fy referen~tdam and received the affirmative vote of a majority of the qualified electors voting
permlss~ve
general
thereon at the special election helot on ...................................................... 19 ........ ~ in accordance with the appli-
annual
cable provisions of la~.
(Subject to permissive referendum and final "adoption because no valid petition filed requesting
referendmn.)
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
(Nanle of I,egislative Ih)dy)
Village
not disapproved
...................................................... 19 ....... and was alq~roved by thc. ........................................................ on
l'l'pashcl] after tlis;qqa'oval ICl,., llv,. Chief l.;~ec~fliv,. ()fficrr
.............................................................. 19 ......... Sm"h h,t'al law b~qng sal4,.c~ I. ;t pcrmlssiw, r,.h,r~,,.t,m and m,
valit p{qlliol I'CqUl'Slillg suc'h refcrcndmn having-In.ca filed, said ].c;ll law was dccmcd duly ad.i}l~,d {iii
...................................................................... 19 ........ , in accordance with the applicalde im~visi{ms of law.
*Elective Chief Executive Officer means or ineludea the chief executive officer of a county elected
tm a county-wide basis or if there be none the chairman of the board of supervisors, the mayor o£ 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.
(CiD local law conceruing Charter revision propu~cd hy petition.)
5. I hereby certify tim! tho local law annexed hereto, designated as local law No ..................... of 19 .......
of th~, f;ity .r. ........................................................................ having l~t~¢.n auhmitlcd to refcrcmhm~ imrauant to the
la'ovisions of :17 of tho M.nicipal llomellulel,aw and having received the affirmative vote of a majority
special election held on ..................................
of the qualil'ied electors of such city voting thereon at thc general
................ 19 ............ became operative.
(Courtly local law concerning adoption of Charter.!
6. I hereby certify /Ii;ti Iht local law annexed hereto, designated as Local Law No ....... of 197 .... of the
County or . ........................................ State of New York, having been submitted to the Electors at the
General Election et' November ........... 19 .......... , punuant to subdivisions 5 and 7 of Section 33 of the Muni-
cipal Home Rnle Law and having received the affirmative vote of a majority of the qualified electo~ 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 a.y other anthorized form of fired adoption has heen followed, please provide au appropriate
certifies[leu.}
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 co~ect transcript therefrom and of the whole of such original local law, and was
finally adopted in the manner indicated in paragraph ........................... al~w.
~CI~ nf ~he Hoard of Supervisora~ (hqy~l%~or Village ( let[ or Officer
designated hy I,ocal I,egis~iva Body
Judith T. Terry, Town Clerk
Date: March 27, 1987
(Seal)
.%
\
/ ~.
(Certification to he executed by County At.t. oruey, Corporation Cuunscl,-Town Attoruey, Village Attorney
or other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF ..,.$...kJ..F..E..QL, I~ ...........................
1, the undersigmed, hereby certify that the foregoing local law contains the correct text anti that all
proper proceedings have ~en had or taken h~r the enactment of the local law ammxed hereto.
,,r ......... ....................................
TOWII
Dated: March 27, 1987
PUBLIC HEARING
SOUTHOLD TOWN BOARD
March 24, 1987
8:05 P.M.
IN THE MATTER OF A PROPOSED LOCAL LAW ENTITLED "A LOCAL LAW IN
RELATION TO BED AND BREAKFAST FACILITIES!'.
Present:
Supervisor Francis J. Murphy
Justice Raymond W. Edwards
Councilman Paul Stoutenburgh
Councilman James A. Schondebare
Councilwoman Jean W. Cochran
Councilman George I_. Penny IV
Town Clerk Judith T. Terry
SUPERVISOR MURPHY: This is a hearing on a"Local Law in relation to Bed and
Breakfast facilities," and again I would 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 Bed and Breakfast fadlities." Notice is further given that the Town
Board of the Town of Southold will hold a public hearing on the aforesaid Local
Law at the Southold Town Hall, Main Road, Southold, New York, on the 24th day
of March, 1987, at 8:05 o'clock P.M., at which time all interested persons will be
heard. This proposed "Local Law in relation to Bed and Breakfast facilities" reads
as follows, to wit:
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Section 100-30B, Subsection (6) (Bed and Breakfast Facilities) is hereby
amended by adding a new paragraph lb) thereto, to read as follows:
lb) No accessory apartment, as authorized by Section 100-30B(15) hereof,
shall be permitted in or on premises for which a bed and breakfast
facility is authorized or exists.
II. 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 of this notice by The Long Island Traveler-
Watchman, and a affidavit of publication of the notice by The Suffolk Times. I
have an affidavit of posting of this notice by the Town Clerk on the Town Clerk's
Bulletin Board.
A letter by the Planning Board, dated March 10th, 1987, to wit: "Resolved
that the Southold Town Planning Board recommends to the Town Board that the
proposed Local Law in relation to Bed and Breakfast facilities be approved." Signed
by Bennett Orlowski, Jr., Chairman.
A communication by letter dated March 4th, 1987 by the Department of Planning,
County of Suffolk, which says this is a matter of local determination and should not
be construed as either an approval or disapproval.
That's all the communications I have.
Page 2 - LL- Bed and ~reakfast
SUPERVISOR MURPHY: Thank you, Jay. We've heard the official reading.
anyone in the audience would like to comment on this proposed Local Law?
on the left? In the middle? Over on the right? Yes?
Is there
Over here
MARY MOONEY-GETOFF: My name is Mary Mooney-Getoff. I live here in Southold.
I have a bed and breakfast. I'm iust wondering how many places would really be
affected by this? I know that if I were going to have an accessory apartment in
my house the only place that I would have left for bed and breakfast would be in
the library~ and I would have to sleep in the living room. How many homes do you
imagine are going to have both an accessory apartment and be wanting to do bed and
breakfast at the same time?
COUNCILMAN SCHONDEBARE: Mary, what brought this about was a request submitted
to me by the Chairman of the ZBA who has to deal with these, that there was in fact
an application by someone--who I forget whether he already had the bed and breakfast,
or he already had the accessory apartment--I don!t remember which one he had--but he
wanted the other one also. He obviously wanted it. This is ~what prompted it.
MRS. MOONEY-GETOFF: I know of that particular case, but I'm wondering if there
is going to be enough of these cases that you would really need to have a law?
COUNCIl, MAN SCHONDEBARE: Well, I think what the Zoning Board was looking for
was some legal grounds upon which they can say "no", rather than looking high and
Iow. This way we give them something to clap right on and they can say "no" and
there's no if's, and's, or bur's about it.
MRS. MOONEY-GETOFF: Were you going to give some consideration to the size of
the person's property? I can understand that if you had half an acre~ but if you
have ~ve or six acres, I don't see why you couldn't if you wished to do both.
COUNCILMAN SCHONDEBARE: I don't see how the size of the acreage gets into play.
It's the size of the premises. The size of the home upon which the two are supposed
to be in. You could have ten acres, but only one house. What's the size of the
property have to do with how many people are going to be in one house?
MRS. MOONEY-GETOFF: Well, that's--I mean, how are you going to regulate some-
thing like that?
COUNCILMAN SCHONDEBARE: By denying permits. You're turning a one-family
residence into a multi-party apartment.
MRS. MOONEY-GETOFF: What I'm say, Jay, is if you have only so much space, and
if you're going to have an apartment--if you're going to take, what is it 40% of your
house or something to make an accessory apartment, you're certainly not going to be
able to have much left to do bed and breakfast, so I don't see what the problem is.
There are very, very few people who have a separate building in which they would
have an accessory apartment and continue to do bed and breakfast in their home.
That's iust the point that I'm trying to raise. How many of these cases would there
be?
COUNCILMAN SCHONDEBARE: Hopefully on the one that we just had, but the purpose
of the law is to give some teeth and something for the ZBA to specifically site. Maybe
we're creating a law for one condition, I don't know, but if comes up again there's
something in place.
· Page 3 - LL - Bed and reakfast
MRS. MOONEY-GETOFF: The point that I'm trying to make too though, is that if
you have a large piece of property and you have the room to do both, then why
shouldn't you be able to? Because who is it going to harm?
COUNCILMAN SCHONDEBARE: Okay, I see what you're saying.
SUPERVISOR MURPHY: Okay, is there anyone else would Ilke to make a comment?
PHIL BARTH: Phil Barth. I'd like to take exception to the remarks that were just
made, because it just so happens that the case that you're talking about, Mr. Dyer,
who lives on Terry Lane, just a few doors from me. It's not in' his premises--his
main premises that he's worried about. There he wants to put the bed and breakfast.
But he has a garage that he has connected with a walk-way to his main residence, so
it now becomes eligible for an accessory apartment above the garage. It just so
happens that right next door to him there's another instance of the same thing. Now
I don't know whether this party's going to ask for a bed and breakfast and an accessory
apartment, or he very well could, because he has the same situation. He has a big
house and he has a garage with an apartment in it, and I know there are other situations
the same way. That's why I think that the Board was very wise in doing what they
did. It doesn't hurt anyone. Someone who has a bed and breakfast it's not going to
stop them from having a bed and breakfast. If they have an accessory apartment it's
not going to stop them from having an accessory apartment. It only says that if you
have a single family house, let it be a single family house, not a business.
SUPERVISOR MURPHY: Any other comments? (No response.) Any Town Board
members like to comment? (No response.) If not, I will close the hearing.
Judith T. Terry
Southold Town Clerk
COUNTY OF SUFFOLK
ss:
STATE OF NEW YORK
LF. OA L NOTICE
NOTICE OF
PUBLIC HEARING
ON LOCAL LAW
PUBLIC NOTICE is hereby
~ven that thee h~s.been
presented to the Towh Board of
the Town of So~thold, SuffSlk
EN that the ~ Board of the
Towmof ~o!d .will hold ~t
puh~ .h~4*Jn$ °n tl~ aforesaid
LO~ at ~e Southold Town
Hail~ ~ Road, Southold,
N~ YOrk;~.~ ~he 24th day of
Marc~ ~a~ 8:05 o'clock
P.M;, at ~]ime all interested
~~ ,Lo~fl Law in
~elati~fi tO ~ and Break'fast
fadll'des"~reeda as follows, to
BE IT EN, AC~'IiO by .the
Town Boaed of the Tow~ of
Southold ~s follows:
L'Section 100-30B, Subsec-
tion (6) (Bed and Breakfast
Facilities) is hereby amended by
adding a new paragraph (b)
thereto; to read as follows.:
(b) No accessory apartment,
as authorized by SeCtlO
100-30B(I~) hereof, shall be per-
mitred 'in or on premises for
which a b~d and breakfast facili-
ty is authorized or exists.
il. This Local LaW shall take ef-
fect upon its filing with the
Seceetas¥ of State.
Copies*of said Local La~ are
available in. the Office of the
Town Clerk to any interested
persons during business hours.
DATED: March 10, 1987
.IUDITH T. TERRY,
$0UTHOLD TOWN CLERK
1T-3/19/87(10)
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 Trav~er-Watchman
once each week for ........................... weeks
successively, commencing on the ......................
........ ,
.... ....= ....... = ...............
Sworn to before me this .......... ./. day of
....... 19 .....
Notary Public
BARBARA FORBES
Notary Public, State of New York
No. 4806846
Qualified in SuffoLk County
Commission Expires /&*~. ~51 19 3~ -~
LEGAL NOTICE
NOTICE OF
PUBLIC HEARING
ON LOCAL LAW
PUBLIC NOTICE is hereby
given that there has been pre
sented lo 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 Bed and Breakfast
NOTICE IS FURTHER
GIVEN that the Town Board of
the Town of Southold will hold a
public hearing on the alhresaid
Local Law at the Stmthold Town
Hall, Main Road, Southold, New
York, on the 24th day ol' March,
1987, at 8:05 o'clock P.M at
which time all interested per
sons will be heard. This proposed
"Local Law in relation to Bed
and Breakfast facilities" reads
as follows, to wit:
BE IT ENACTED by the Town
Board of the Town or ~mthold
as follows:
I..Section 100-30B, Subsection
t6) IBed and Breakfast
Facilities! is hereby amended by
adding a new paragraph
thereto, to read as lbllows:
d)l No accessory apartment, as
authorized by Section 100-
30B(151 hereof shall be permit-
ted in or on premises fYr which a
bed and breakfast facdity is au-
thorized or exists
STATE OF NEW YORK )
! SS:
COUNTY OF SUFFOLK )
CarolAnn Sgarlata ofGreenport, in
said County, being duly sworn, says that he/she is
Principal Clerk of THE SUFFOLK TIMES, s Weekly
Newspaper, published at Greenport, in the Town
of Southoid, 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 weak for one ·
weeks successively, commencing on the
March 19~8~7
day of
Il. This Local Law sh~ll take ( )~
effect upon its filing w,th the '.___.~' ~ / /
Copies of said Local Law ,a, re ~/"-- // ~~'~
available in the Office of "ihe /.. ~ Prin