HomeMy WebLinkAboutLL-1995 #03 LOCAL LAW NO. 3, 1995
A Local Law in Relation to Bed & Breakfast Facilities
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended
as follows:
INTENT: The intent of this ordinance is to provide B& Bs as an important housinH
base for our tourist industry while maintaining the residential integrity of our com
munities. This section provides clear criteria for B&B approval and establishes
simplified permitting process.
1. Section 100-31 B(15) is hereby amended as follows:
(15)
....... , ........ ~. .......... :n or on prem:sec for wh:oh
(15) Bed-and-breakfast which has been issued a bed-and-breakfast
permit by the Building Inspector: Said permit shall be issued for .q
term of one year if the followinq conditions are met:
(a) A smoke alarm shall be provided on each floor and in every
.(b)
lc)
.quest room;
The dwelling shall have at least two (2) exits and there shall be ;~
window large enough for emergency egress in each guest room;
The identification sign shall be no larger than two (2) square feet
in areas zoned Residential-Office or higher, but there shall be no
exterior signage dentifying the use as a bed-and-breakfast iH
residential areas;
(d) No accessory apartment, as authorized by Sec. 100-31B(14)
hereof, shall be permitted in or on premises for which a bed-and
breakfast facility is authorized or exists.
2. Section 100-61A(2) is hereby added to read as follows:
(2) Bed-and-breakfast uses as set forth in and as regulated by Sec. 100
31B(15).
3. Section 100-61B is hereby amended to read 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 thc uses set forth i;;
Subsccticn B(5) hc,-eof, are subject to site plan approval by the
Planning Board:
4. Section 100-61B(5) is hereby deleted in its entirety as follows:
................. uses 100
3! B(15).
Section 100-61B(6) and Section 100-61 B(7) are hereby renumbered 100-
61B(5) and 100-61B(6) respectively.
6. Section 100-71A(4) is hereby added to read as follows:
(3) Bed-and-breakfast uses as set forth in and as regulated by Sec. 100
31B(15).
7. Section 100-71B(4) is hereby deleted in its entirety as follows:
Section 100-71B(5), Section 100-71B(6), and Section 100-71B(7) are
hereby renumbered 100-71B(4), 100-71 B(5), and 100-71B(6) respectively.
9. Section 100-81A(3) is hereby added to read as follows:
(3) Bed-and-breakfast uses as set forth in and as re,qu ated by Sec. 100-
31B(15).
10. Section 100-81B is hereby amended 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
11.
appeals as hereinafter provided and;-exccpt for bcd .~,,,4
~ are subject to site plan approval by the Planning Board:
Section 100-81B(1 ) is hereby amended as follows:
(1) Any special exception use as set forth in and regulated by Sec. 100-
31 B of the Agricultural-Conservation District, except .that wineries are
not required to be in connection with a vineyard~d_and_
.breakfasts.
12. Section 100-91A is hereby amended to read as follows:
A. Permitted uses. The following are permitted uses and, except for
those uses permitted under Subsection A(1 ) a~ A(2) _and A(19)
hereof, are subject to site plan approval by the Planning Board:
13. Section 100-91A(19) is hereby .added to read as follows:
~19) Bed-and-breakfast uses as set forth in and as regulated by Sec. 100
_31B('15).
14. Section 100-91B(5) is hereby amended to read as follows:
(5)
,,,4 brcakfcst cnterpnscs o,' Boarding and/or tourist homes
By.. end , ·
as
set forth and regulated by Sec. 100-6i B(5) of the Resort Residential
(RR) District.
15. Section 100-101A(2) is hereby amended to read as follows:
(2) Any permitted use set forth in and regulated by Sec. 100-91A(3) to
~ .(19) of the Hamlet Business District.
16. Section 100-131B(13) is hereby deleted in its entirety.
.... .n ..... .~ , ,l~*,, by
rog ..... ~. 100
17. Section 100-131B(14) is hereby renumbered 100-131 B(13).
18. Section 100-141 B(2) is hereby deleted in its entirety.
....
~), ~'//d~t ~ ~ - ·
n~. ,~¢ .... ~ rogu~rc~
19. Section 100-141B(3) is hereby renumbered 100-141B(2).
20. Section 100-274B is hereby amended to read as follows:
For all other applications, including those involving commercial
property, containing a single request [for example, an application
requesting one (1) variance or an application requisition a special
exception], the fee shall be four hundred dollars ($400.), except that
the fee for a special exception for a bed-and-breakfast shall be two
.hundred fifty dollars ($250.).
21. Section 100-281J(1)(i) is hereby added to read as follows:
~8) B&B permit and inspection: one hundred dollars ($100.)for the initial
annual permit and fifty dollars ($50.) per timely annual renewal.
II. This Local Law shall take effect upon its filing with the Secretary of State.
* Overstrike represents deletions.
** Underscore represents additions.
NYS DEPARTMENT OF STATE
BUREAU OF STATE RECORDS
162 Washington Avenue
Albany, NY 12231-0001
DATE: 2/22/95
Local Law Acknowledgment
JUDITH T TERRY
TOWN OF SOUTHOLD
TOWN CLERK
SOUTHOLD NY 1197i
I_
DOS-236 (Rev. 6/90)
_l
MUNICIPALITY
Town of Southold
LOCAL LAW(S) NO. YEAR FILING DATE
3 1995 2/21/95
The above-referenced material was received
and filed by this office as indicated.
Additional local law filing forms will be
forwarded upon request.
Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
162 WASHINGTON AVENUE, ALBANY, NY 12231
(Use this form to file a local Paw 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.
t~gl~y x A~ Southold
' Town ,,t ..........................................................................................
3 95
Local Law No ..................................... of the year 19- .....
· ,, in Relation to Bed & Breakfast Facilities
A ~ocm law .................................. ·
Be It enacted by the Town Board
......................................................................................... of the
City' ^,- Southold
Town ............................................................... as follows:
Chapter 100 (Zoning) of the Code of the :Town of Southold is hereby amended
as follows:
.INTENT: The intent of this ordinance is to provide B& Bs as an important housin,q
base for our tourist industry while maintainin,q the residential inte,qrity of our corn
munities. This section provides clear criteria'for B&B approval and establishes n
simplified permittin,q process.
1. Section 100-31B(15) is hereby amended as follows:
(15)
~:e!!ing for lodging and sop:ins of breakfast to not more than six (6)
easua! and transient roomers, provided that thc renting of such
~;~';~"~ of .........u, w~j ................... u, ~.~ ........ nt...
~.,, .... ~.~, u~ the r~/~ll;n~ ~.r
(If additional space is needed, attach pages the sam--size as this sheet, and number each.)
DOS-*20 <Re.. 7/9 0 (1)
('15)
Bed-and-breakfast which has'been issued a bed-and-breakfast
permit by the Building Inspector: Said permit shall be issued 'for
term of one year if the followin,q conditions are met:
(a) A smoke alarm shall be provided on each floor and in every
guest room;
(b)
The dwelling shall have at least two (2) exits and there shall be ,q
window lar.qe enou,qh for emer,qency e,qress in each ,quest room;
(c) The identification si,qn shall be no larqer than two (2) square feet
in areas zoned Residential-Office or hi.qher, but there shall be nn
exterior si,qna.qe identifying the use as a bed-and-breakfast in
residential areas;
(d) No acCessory apartment, as authorized by Sec. 100-31B(14)
hereof, shall be permitted in or on premises for which a bed-and-
breakfast facility is authorized or exists.
2. Section 100-61A(2) is hereby added to read as follows:
(2) Bed-and-breakfast uses as set forth in and as re,qu ated by Sec. 100-
31B(15).
3. Section 100-61B is hereby amended to read 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 an d .....
S,hc.~czi~, ~f~ k .... ¢ are subject to site plan approval by the
Planning Board:
4. Section 100-61B(5) is hereby deleted in its entirety as follows:
(5)
Section 100-61 B(6) and Section 100-61B(7) are hereby renumbered 100-
61B(5) and 100-61B(6) respectively.
6. Section 100-71A(4) is hereby added to read as follows:
(3) Bed-and-breakfast uses as set forth in and as re,qu ated by Sec. 100~
31B~15).
7. Section 100-71B(4) is hereby deleted in its entirety as follows:
8. Section 100-71B(5), Section 100-71B(6), and Section 100-71B(7) are
hereby renumbered 100-71 B(4), 100-71B(5), and 100-71 B(6) respectively.
9. Section 100-81A(3) is hereby added to read as follows:
(3) Bed-and-breakfast uses as set forth in and as re.qu ated by Sec. 100
31B(15).
10. Section 100-81B is hereby amended 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 bed ~nd brcckfcst
use~, are subject to site plan approval by the Planning Board:
11. Section 100-81B(1) is hereby amended as follows:
(1)
Any.special exception use as set forth in and regulated by Sec. 100-
31 B of the Agricultural-Conservation District, except that wineries are
not required to be in connection with a v~neyard, and except bed-and-
breakfasts.
12. Section 100-'91A is hereby amended to read as follows:
Permitted uses. The following are permitted uses and, except for
those uses permitted under Subsection A(1) and A(2) and A(19)
hereof, are subject to site plan approval by the Planning Board:
13. Section 100-91A(19) is hereby addedto read as follows:
(19) Bed-and-breakfast uses as set forth in and as requlated by Sec. 100
31B(15)
14. Section 100-91B(5) is hereby amended to read as follows:
(5)
Bed~,,~'~.,a k.,,~,l, roo+~,,.,~,,,~, ~, ,...,~-,,~..v""* .... ;"~° or Boarding and/or tourist homes as
set forth and regulated by Sec. 100-61 B(5) of the Resort Residential
(RR) District.
15. Section 100~101A(2) is hereby amended to read as follows:
(2) Any permitted use set forth in and regulated by Sec. 100-91A(3) to
(18) (19) of the Hamlet Business District .......................................
16. Section 100-131 B(13) is hereby deleted in its entirety.
17. Section 100-131B(14) is hereby renumbered 100-131B(13).
18. Section 100-141B(2) is hereby deleted in its entirety.
19. Section 100-141B(3) is hereby renumbered 100-141B(2).
20. Section 100-274B ds hereby amended to read as follows:
For all other applications including those involving commercial
pro petty, containing a single request [for example, an aplSlication
requesting one (1) variance or an application requisition a special
exception], the fee shall be four hundred dollars ($400.), except that
the fee for a special exception for a bed-and-breakfast shall be two
hundred fifty dollars ($250.).
21. Section 100-281J(1)(i) is hereby added to read as follows:
(8) B&B permit and inspection: one hundred dollars ($100.) for the initial
annual permit and fifty dollars ($50.) per timely annual renewal.
II. This Local Law'shall take effect upon its filing with the Secretary of State.
* Overstrike represents deletions.
** Underscore represents additions.
(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.)
! hereby certify l hat the local law annexed hereto, designated as local law No ..... _3. ......................... of 19 95
0fthe(nX>x~ ~.K:~ Town Y, q4 of Southold ..........
'~own '~:' -' )~ )( kt:g~) ---~--'~ ............ :;----x;. .......................................was duly passed by the
-i~}~,-~-};~-~j~-~~ .......................... on __r-__e~.r__u__a__r_¥__.~ 19u. p.., in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
$~the (County)(City)(Town)(Village) of ................................................................. was duly passed by the
............................................... on .................. 19 ---, and was (approved)(not approved)(repassed after
disapproval) by the .................................................. and was deemed duly adopted on .................. 19 .... ,
(Elective Chlef Exec~tlvt Of JScer*)
iin~ accordance with the applicable provisions of law.
3.i (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local taw No .................................... of 19-~ ....
0tithe (County)(City)(Town)(Village) of .......................................... ' .......................was duly passed by the
--, ................................................ on .................. t9 .... , and was (approved)(not approved)(repassed after
(Na~e of Legixladve Body)
disapproval) by the ................................................. on ................... 19 ..... Such local taw was submitted
(Elective Chlef Executlve Officer*t
to Ihe people by reason ora (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (general)(special)(annual) election held on 19---- , in
accordance with the apphcable proms~ons of law.
4,! i(Subject to permissive referendum and final adoption because no valid petition was filed requesting
tZeferend um .)
hlreby certify that the local law annexed hereto, designated as local law No .................................... of I9 ......
,he (County)(City)(Toxvn)(Village) of ................................................................. was duly passed by the
--~ ............................................... on .................. 19 .... , and was (approved)(not approved)(revassed after
(Ndr$e of Lcgixla "e Body)
diisapproval) by thc .................................................. on .................. .19 .... Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as of .................. 19--.- in
ad~ordance with the applicable provisions of law. '
* Ellective Chief Executive Office-r ineans or includes the chief executive officer ora count ' .
..A ......... y elected on a county-
w]ue oasis or, l~tnere oe none, the chairperson of the county legislative body, the mayor ora city or village, or
th[~ supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances.
(2)
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 19 ......
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 ora major/ty of the
qualified electors of such city Voting thereon at the (special)(general) election held on ................... 19 ....,
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 19 ......
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
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit-
ies 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 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 in-
dicated in paragraph ..... _l ..... , above.
o.r offi..ce.r ,desi. g~aated,._by local legislative body F
JUdlm t. lerry, Town Clerk
(Seal) Date: February 9, 1995
~ertification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
Other authorized attorney of lolzality.)
S1TATE OF NEW YORK
~ousrz OF SUFFOLK
~ thc understgned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings
h~ave Been had or taken for the enactment of the local tIaw annexed hereto.
Laury L.Dowd, Town Attorney
Title
C~ of Southold
Town
Date: February 9, 1995
(3)
PUBLIC HEARING
SOUTHOLD TOWN BOARD
JANUARY 2It, 1995
5:05 P.M.
IN THE MATTER OF THE PROPOSED "LOCAL LAW IN RELATION TO BED
& BREAKFAST FACILITIES".
Present:
Supervisor Thomas H. Wickham
Councilman Joseph J. Lizewski
Councilwoman Alice J. Hussie
Councilman Joseph L. Townsend, Jr.
Councilwoman Ruth D. Oliva
Justice Louisa P. Evans
Town Clerk Judith T. Terry
Town Attorney Laury L. Dowd
SUPERVISOR WlCKHAM: We'll proceed to the second hearing of the
afternoon, that on Bed and Breakfast, and it looks like Ruth Oliva is
prepared to do that.
COUNCILWOMAN OLIVA: "Public Notice is hereby given that there has
been presented to the Town Board of the Town of Southold, on the 13th
day of December, 199t[, 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 Hall, Main Road, Southold, New
York, on the 21~th day of January. 1995. at 5:05 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:
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended as follows:
INTENT: The intent of this ordinance is to provide B&Bs as an
important housing base for our tourist industry while maintaining the
residential integrity of our communities. This section provides clear
criteria for B&B approval and establishes a simplified permitting process.
· pg 2 - PH
1. Section 100-31B(15) is hereby amended as follows:
(15)
....... ~, of fh~
....... nor
(b)
(15) Bed-and-breakfast which has been issued a bed-and-breakfast
permit by the Building nspector: Said permit shall be issued for n
term of one year if the followin,q conditions are met:
(a) A smoke alarm shall be provided on each floor and in every
.quest room;
(b) The dwellin,q shall have at least two (2) exits and there shall be ,q
window lar,qe enouflh for emerqency egress in each .quest room;
(c) The identification si,qn shall be no larger than two (2) squarn
Ceet;
(d)
No accessory apartment, as authorized by Sec. 100-31 B(14)
hereof, shall be permitted in or on premises for which a bed-and
breakfast facility is authorized or exists.
2. Section 100-61A(2) is hereby added to read as follows:
Bed-and-breakfast uses as set forth in and as re.qulated by Sec. 100
31B(15).
3. Section 100-61B is hereby amended to read 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 ..... * ~"' *~' ........ * fo,dh '
' '~'°~'"*~"" ~ ~' .... ~ subject to
S .......... B~v/ ...... ,, are site plan approval by the
Planning Board:
pg 3 - PH
4. Section 100-61B(5) is hereby deleted in its entirety as follows:
31 B(15).
5. Section 100-61B(6) and Section 100-61B(7) are hereby renumbered 100-
61B(5) and 100-61B(6) respectively.
6. Section 100-71A(4) is hereby added to read as follows:
(3) Bed-and-breakfast uses as set forth in and as re.qu ated by Sec. 100-
31 B(15).
7. Section 100-71B(4) is hereby deleted in its entirety as follows:
8. Section 100-71B(5), Section 100-71B(6), and Section 100-71B(7) are
hereby renumbered 100-71B(4), 100-71B(5), and 100-71B(6) respectively.
9. Section 100-81A(3) is hereby added to read as follows:
(3) Bed-and-breakfast uses as set forth in and as re,qu ated by Sec. 100-
31B(15).
10 Section 100-81B is hereby amended 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,-e ....
uses,, are subject to site plan approval by the Planning Board:
11. Section 100-81B(1) is hereby amended as follows:
(1)
Any special exception use as set forth in and regulated by Sec. 100-
31B of the Agricultural-Conservation District, except that wineries are
not required to be in connection with a vineyard, and except bed-and-
breakfasts.
12. Section 100-91A is hereby amended to read as follows:
Permitted uses. The following are permitted uses and, except for
those uses permitted under Subsection A(1) and A(2) and A(19)
hereof, are subject to site plan approval by the Planning Board:
pg q. - PH
13. Section 100-91A(19) is hereby added to read as follows:
(19) Bed-and-breakfast uses as set forth in and as requlated by Sec. 100
31Bf15).
14. Section 100-91B(5) is hereby amended to read as follows:
(5)
................ ~. ..... or Boarding and/or tourist homes as
set forth and regulated by Sec. 100-61B(5) of the Resort Residential
(RR) District.
15. Section 100d 01A(2) is hereby amended to read as follows:
(2) Any permitted use set forth in and regulated by Sec. 100-91A(3) to
(18) (19) of the Hamlet Business District.
16. Section 100-131B(13) is hereby deleted in its entirety.
17. Section 100-131B(14) is hereby renumbered 100-131 B(13).
18. Section 100-141B(2) is hereby deleted in its entirety.
19. Section 100-141B(3) is hereby renumbered 100-141B(2).
20. Section 100-274B is hereby amended to read as follows:
For all other applications, including those involving commercial
property, containing a single request [for example, an application
requesting one (1) variance or an application requisition a special
exception], the fee shrill be four hundred dollars ($400.), except that
the fee for a special exception for a bed-and-breakfast shall be two
hundred fifty dollars ($250.).
21. Section 100-281J(1)(i) is hereby added to read as follows:
B&B permit and inspection: one hundred dollars ($100.) for the initial
annual permit and fifty dollars ('$50.) per timely annual renewal.
pg 5 - PH
II. This Local Law shall take effect upon its filing with the Secretary
of State.
* Overstrike represents deletions.
** Underscore represents additions.
Copies of this Local Law are available in the Office of the Town Clerk to
any interested persons during business hours. Dated: January 10, 1995.
Judith T. Terry, Southold Town Clerk." I have one piece of
correspondence. It is from Gerald Newman, chief Planner from the
Department of Planning, Suffolk County. Pursuant to the requirements of
Sections A lU~-1~, 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. A decision of local determination should not be construed
as either an approval or disapproval. Very truly yours, Stephen M.
Jones, Director of Planning. I have an affidavit, that this has been
published in The Suffolk Times, and it has been published on the Town
Clerk's Bulletin Board out here, and the affidavit signed by Judith T.
Terry, Town Clerk, and from The Traveler-Watchman, that it has been
published in that paper, also. There are no further communications.
SUPERVISOR WICKHAM: Thank you, Ruth. You've heard the hearing on
the proposed law regarding Bed and Breakfasts. Would anyone in the
audience like to address the Board on any aspect of it, up to ten minutes
per person? Yes, sir? Mr. Flynn?
F.M. FLYNN: Again, I'm F. M. Flynn, resident of the Town of
Southold, and I rise to protest, in the strongest possible terms, not only
the abomination of a proposed amendment presented here tonight, but,
also, the obviously pro forma nature and intent of this hearing. The
majority members of the Town Board are the amendment's most ardent
proponents. It is noteworthy that, in their most recent party publication
they congratulated themselves on the openness of their meetings, the
degree of public participation and their concern for the environment. Let
us consider these fact as evidence. One, the public notice for this
important amendment was published to meet only the minimum time frame
required by law. By way of contrast, the ethics hearing, also scheduled
for tonight, was noticed a full week earlier. This hearing is held at a
time in the afternoon when concerned working residents are unable to
attend. In addition, it is scheduled at a time of year when second-home
owners and retirees, those most likely to be concerned, are apt to be
away and/or unaware of the hearing. Third, the nature of the public
notice is probably about as intelligible as a Chinese menu to to most
resident. Substituting one from paragraph B for two from paragraph C is
little removed from gibberish to those not in possession of a copy of the
Town Code. My invertigations reveal that this amendment has been
promulgated and advanced to a pubic hearing without seeking the advise
of the Planning Board or its professional staff. Whereas advocates of
this measure have conferred with the Board members over a period of
months, opponent's objections are limited sound bites. Now, as to the
amendment itself, it represents a total conflict with, and rejection of,
all established zoning principles and practices, not to mention the
transparent inequities inherent therein. It is nothing other than an
attempt at socio-economic engineering cloaked in a veneer of
obfuscating legalese. Like much of what is proposed by this Board, the
pg 6 - PH
proposed amendment was not fathered by it. The amendment~s progenitors
are extraneous to the Board and constitute a group of activists bent on
altering the very character of Southold. The degree of thorough and
balanced thought that the Board has given to this matter is evidenced by
its earlier, ridiculous attempt, alien to all concepts of Zoning law, to
permit all residents to operate commercial enterprises in residential
zones as a matter of right. The Board was rebuffed in this attempt by
outraged residents. It has been reported to me by a reliable source that
36 of 38 Civic Associations surveyed emphatically rejected B&Bs in
residential areas. Now the Board is attempting to served a warmed over
entree disguised by a different sauce. One is tempted to paraphrase
Emerson to the effect, a stubborn persistence is the hobgoblin of little
and closed minds. This rehash is touted as being a compromise.
Compromise is a word that gained increasing prominence and currency in
an era of political correctness. However, people of my generation
recognize it for what is is, a willing, knowing and shameful capitulation
and abandonment of principles to attain political goals. Now, as to the
wording of the proposed amendment of Chapter 100 of the Southold Town
Code. It displays obvious contempt for the intelligence of the public.
The amendment starts with a statement of Intent. There is no such
heading in the existing Code. Section 100-10 opens with its Purpose,
which the dictionary defines as a synonym for Intent. It is in this
context that Section 100-11A becomes particularly germane to the proposed
amendment. This section states, succinctly, that when one provision of
the chapter conflicts with another, the higher, or more restrictive
standard shall prevail. I submit, as I shall discuss later, that the
proposed amendment is antithetical to, and more permissive than the
existing purpose. As to the wording of the proposed Intent, it is obvious
that the Board regards the tourist industry as preeminent over the
property rights of the residents. I doubt that the majority of residents,
if fully informed of this agenda, would have supported it at the last
election. I trust the author who maintains that it is possible to provide
commercial tourist housing in residential areas, quote, while maintaining
the residential integrity of our communities, unquote, will accept credit
for one of the most oxymoronlc statements that I've ever heard. The
author is evidently unacquainted with the definition of integrity. It's
primary meaning is, state or quality of being complete, undivided or
unbroken, entirety. To maintain that the introduction of commercial use
into residential areas maintains their zoning integrity, defies reason.
Make no mistake. B&Bs are commercial uses and are so classified by the
State Department of Equalization and Assessment. They are placed in the
Commercial Category as Class Ltl8. They are clearly differentiated from
one-family residences which are Class 210. The IRS and both the State
and County classify them as commercial enterprises and tax them
accordingly. The State and County impose sales taxes and County collects
an occupancy tax. The SDEA, also, state that B&Bs are certainly not
one family dwellings and should not be assessed as such and, further that
their impact must be considered in the assessment of neighboring
properties. It is significant, if not only to me, that the majority of
the Southold Town Board, alone among government authorities, refuses to
recognize B&Bs as a commercial enterprises. I defy the Board to state
that B&Bs are not commercial uses, that the intent of this amendment is
not to deliberately place commercial uses in residential areas, and to
maintain that the adoption of this amendment would preserve the integrity
pg 7 - PH
of, and property values in, residential communities. The Board has taken
the arrogant and unconscionable action of issuing a Negative Declaration
based on the offhand, and unsupported, opinion that the amendment would
inflict no damage on the environment. Surely, the environment is not only
physical in nature. Social and economic influences are major factors
among it's components. Apparently to justify previous commitments, the
Town Board now proposes to delegate de facto zoning powers to the ZBA.
By so doing it would shirk it's legislative responsibility to divide the
town, as Town Law states, into districts, considering the character of the
district and particular suitability for particular uses, and again,
states, with a view to conserving the value of properties. The Town
Board apparently bases it's voluntary abrogation of it's legally
constituted authority over zoning matters on a faulty interpretation
Article 16, Section 261 of Town Law. This section opens by imposing the
obligation on the Town Board to preserve the health, safety, morals and
general welfare of the community. The Board is empowered to regulate
and restrict among other things, the use and location of buildings,
differentiating among uses for trade, industry, residence and other
purposes. Obviously, their commercial properties, and residential
properties are not interchangeable. The last sentence of this section,
upon which the Board evidently relies, states that the regulations may
provide that a Board of Appeals may determine and vary their application,
but, as the Town Board has evidently overlooked, that these actions in
regard to existing regulations must be, and I quote, in harmony with their
general purpose and intent. It is precisely for this reason that I brought
up, earlier, the conflict between the Intent of the proposed ordinance and
the comprehensive, and restrictive purposes stated in Section 100-10. It
should be obvious to any unprejudiced party that the following sampling of
purposes cited in the section cannot exist with the stated intent to
introduce commercial eBBs as accessory to the tourist industry, and as
a means of maintaining residential integrity.
SUPERVISOR WICKHAM: Mr. Flynn, are you nearing the end? The ten
minutes is just about up.
F.M. FLYNN: I referred to that already. By your imposed time limits, I
have another couple pages to go. Perhaps somebody else would yield me
their time.
TOM SAMUELS: I'll yield my time.
F.M. FLYNN: Thank you. I shan't be that much longer. Paragraph B
states as a purpose, the assurance of adequate sites for residence,
industry and commerce. Note that this paragraph in the Code
differentiates among residential, industrial and commercial uses. It
further provides for the provision of sites, not a random selection by
applicant to be approved at the intervention of an unelected ZBA devoid of
legislative powers. Paragraph C cites as a purpose, the provision of
privacy for families. To introduce commercial use, with its attendant
increase in traffic, noise, etc. on abutting parcels and permitting the
presence of unknown occupants in structures within 15 feet of a property
line, makes a mockery of the primary property right of owners to the
quiet and peaceful enjoyment of their properties. Paragraph E cites as
purpose, the maximum protection of residential and historic areas.
pg 8 - PH
Residential districts top the hierarchy of zoning districts and it hardly
need be asked whether the introduction of commercial use provides
protection toward this end. The intent of the proposed amendment is
clearly at odds with the established purposes of the Zoning Chapter of the
Southold Code. Conferring on the ZBA Special Exception power over the
B&Bs is in direct conflict with the Coders provision that the ZBA~s
actions must be in harmony with the Code's general purpose and intent,
and the further provision that the higher, or more restrictive, standard
shall govern. The real motivation of B&B applicants was revealed at the
last ZBA hearing on the subject. The applicant stated that he sought a
Special Exception because taxes and maintenance costs were too high. Who
in Southold can't make that statement. Obviously, B~,B applicants are
seeking the tax, recapture and depreciation advantages denied to
residential owners. Leaving discretionary powers in the unfettered hands
of the ZBA will lead to the proliferation of these commercial uses
throughout the town, and the de Facto creation of new zoning districts.
Under these circumstances, I would advise some ambitious young man to
start a business making B&B signs. The inherent injustice and
discrimination inherent in the proposed amendment is readily
demonstrable. Many retirees and second-home owners have made
substantial investments in Southold attracted by it's ambience and
reposing faith in it's residential zoning. Adoption of the proposed
amendment by the Town Board represents nothing less than a betrayal of
such trust. Nowhere is the injustice of the proposed amendment more
readily evident than in its disastrous effects on existing tourist
accommodations. These enterprises pay among the highest taxes in
Southold, represent substantial investment in commercially zoned
properties, provide employment and incur substantial overhead expenses
regardless of weather or season. This amendment would introduce ruinous
competition on the cheap by B~,Bs having minimal expenses and
investment. In this instance, and in zoning matters in general, the Board
has been less than forthcoming. As an example on point, members of the
Board extolled Nantucket's experience with B&Bs. Unmentioned was the
fact that with exception of some older establishments, all more recent
BF, Bs are located in commercial zoning districts in Nantucket. If the
majority of the Board really intends to display a posture of openness with
respect to it's agenda, it should cease it's evident policy of massive
alteration of the Master Plan on a piecemeal, or incremental, basis. Such
tactics conceal the commutative of the Board's agenda on the future
character of Southold and the quality of life of it's resident. I call on
the Board to llve up to it's purported laudable intentions and disclose
it's entire agenda to Southoldls residents. This is the only way
Southolders can understand the Boardls total vision for our future and
pass judgement on the gross changes the Board's agenda portend.
Otherwise, we can only presume that the majority of the Board, from
which so much was expected is proceeding in lock-step with the previous
administration which had deliberately violated residential property
rights. It inflicted commercial home occupations and commercial vehicle
parking on residentially zoned districts and foisted these outrages on a
public which remains unsuspecting until it attempts to sell it's
property. Certain Board members have cited these abuses of zoning
powers, which resulted in bad and questionable, and indefensible law, as
a precedent for the instant attack. It is obviously their intent to
pyramid these incursions until there is no residential zoning in the Town
pg 9 - PH
of Southold. These members claim that, to date, they have observed no
adverse effects resulting from this earlier legislation. Tell that to the
residential owners who have been unable to sell their properties due to
the adverse effects of the proximity of these commercial uses. These
members must learn that zoning legislation can't be based on wishful
thinking or hope. I believe it's appropriate to close with a quotation of
Benjamin Franklin's homely aphorism, he that lives upon hope will die
fasting. Thank you.
SUPERVISOR WICKHAM: Thank you, Frank. Is there anyone else, who
would llke to address the Board regarding the proposed Bed and Breakfast
Ordinance?
PAT KULSZISKI: My name is Pat Kulsziski. I llve in Creenport, and
currently have a bed and breakfast, but some people think that me
speaking in favor of other people having bed and breakfasts is like
shooting myself in the foot, but I don~t feel that way. I have three
statements to make. The first statement is that I feel, and I'm only
speaking for myself, I'm not speaking for any organization, or any group
or anything, I feel that Bed and Breakfast that are situated in purely
residential neighborhood should not be permitted to have any sign in front
of their home. This, I believe, is causing a tremendous amount of distress
among people who have residences in purely residential neighborhoods,
and I think it would only be fair, that if the home is being used as a bed
and breakfast, that the knowledge of this home could be available through
the Laurel booth, or through the Creenport booth. This way there would
be no sign to make this neighborhood look traveled, you know with the
sign outside. I feel that might alleviate some kind of pressure. The
next thing I want to make a statement about is,that I think the current
fees that are being considered, the $400.00 for an application fee,
$100.00 for the first year, and $15.00 thereafter. I don~t see why these
fees are being considered. I don~t see what the cost is, and I stand to
be educated. I don't see what the cost is to the Town for these fees. I
think whatever fees should be available should be minimal, and I feel that
these are punitive, the fees. The third thing I want to say is, that llm
not a proponent of change, but change is inevitable to our town, as it is
all over the world, and I feel that the Board in it's wisdom can gently
steer the course of change, so that it's not as painful, as it probably
normally would be. I see homes owned by people, who can no longer
afford to maintain them, and, also, to pay their taxes on these homes, and
I see them having an extra bedroom, or two bedrooms in their home,
which perhaps was once inhabited by children, or a mother, or someone,
and I see from time to time, them leisurely having a guest into this room.
I say the homes therefore being maintained, and I, also, see that where
there was three bedrooms when these homes were built, and now, only one
bedroom is being filled. That now there are three bedrooms being filled. I
don't see any harm to the ecology, the plumbing that was there was there
for three bedrooms, and having three bedrooms that are filled from time to
time, one by the owner, two by guests, I do not see any danger, any
harm being done to our community, especially if there are no signs outside
these homes that are purely residential neighborhoods. I, also, see what
would happen if these homes were not filled. If the elderly, and not just
elderly, but people who have a difficult time keeping up with the taxes,
and our dump fees, and every other tax that we have. I see these homes
pg 10 - PH
not being maintained. I see these homes going into disrepair, and
perhaps not having their lawns cut as often as we would llke them to be
cut. As a result, homes not being maintained, and assets not upheld in
our town. I see stores in our town, and the village, not being inhabited.
I already see two things that I don~t like in our town right now. Is it
Frohnhoefer~s, and Victoria? That's a tremendous area not to be filled
with an ongoing business, but when the few other people that we have in
our town, the few businesses that can maintain themselves. I myself don't
make much money in the winter. It's the money that I make in the
summer, where I can survive, and I go to the movies, and I buy my
shoes, and I have my pictures framed at the local framer, and buy paint
to paint a room, and thereby keep our economy going. I do see decay, if
there are people that can not maintain their homes, and becoming vacant.
We have lots of homes. Do you think perhaps the homes, that are vacant
now, with no B&B next door is going to sell any better, than if there is a
B&B?
F.M. FLYNN: Are these comments being addressed to me?
PAT KULSZISKI: I~m just looking in your direction.
SUPERVISOR WICKHAM: Why don't you just look at the Board?
PAT KULSZISKI: Okay, last but not least, I had one thing. I think
right now we have an ideal opportunity at this time to take a change that
is inevitable, and to take control of it. There's an old saying, and know
everybody has heard about it, and it's quite a bit of a happy saying, but
the trees that do not bend with the wind will break. The ones that do
bend with the wind survive, and I donJt want that to happen to Southold
Town. I think the town should go with the changes, with the flow in a
gentle way. Thank you.
SUPERVISOR WlCKHAM: Thank you. Would anyone else llke to address
the Board? Would you excuse me? I have to make a phone call.
DARLINE DUFFY: I want you to hear me. I'll wait. I'm Darline
Dully. You've heard me talk about this before, and I just wanted to
address Miss. Kulszlski. She brought to the forefront a point, that I
made to you once before at a public meeting, that we have a lot of stores
that are empty right now. I think that's because the stores are a
commercial. We~ve allowed too many stores to be built in the town, so now
we have many empty stores. So, anyway, I wanted to bring to the
Board's attention..I didn't plan to speak today, but a realtor gave me
this, and he received it about two weeks ago, and just want to read to
you quickly, and then give it you. Dear friends, Pine Hill Properties is
pleased to introduce one of the best motel opportunities available on the
market today. I would not like to say the name of the motel, but it's in
one of our neighboring east end towns. Okay? It gives the address. Due
to retirement after 23 years of service the owners are selling the above
mentioned property which is situated on the waters. Included within the
premises are a one family house with four bedrooms. The area is
approximately one acre, includes water rights. The motel has twenty-one
units. I can't read this number. Sixteen, I think, of which are equipped
with kitchenettes, etc. I gives you all that. Due to the numerous
pg 11 - PH
inquiries in the past years, there are some excellent opportunities for a
welfare motel use in the area. Therefore, the following forecast is listed
for your information. Twenty-one units if rented for $55.00 per day,
equals $[[20,000.00 a year. The asking price for this property and
business is $790,000.00. This comes from Pine Hill Properties, Limited,
which is a commercial and business broker in Dix Hills, New York. This
is really close to us, and I just want to bring that to your attention. I
think it's important for you to consider.
SUPERVISOR WlCKHAM' Thank you. Who else would llke to address the
Board?
VIOLET ROMERIL: My name is Violet Romeril. I llve on Vanston
Road in Cutchogue. When we moved here, bought a lot, and built our
house, we knew we were moving to a community, which had zoning. We
trusted our government to protect our residential area. Now, we face the
erosion of zoning, and the protection of our property rights, and values.
We face an advocation of our government to relinquish it's duties to the
Zoning Board of Appeals, which will allow spot zoning, as determined on a
case by case basis. For positioning, and allowing for positioning, a
neighbor could protest against neighbor. This law will be destroying the
peace, and well-being, both the physical and emotional well-belng of
people, who lack the resources of wealth and youth to cope with a
government, which has abandoned the responsibility to them. Please, do
not allow businesses, commercial establishments, in other words, BF, Bs in
our residential areas. Thank you.
SUPERVISOR WlCKHAM: Is it still in the Code, this idea of a neighbor
opposing?
COUNCILMAN TOWNSEND: No.
SUPERVISOR WICKHAM: That's no longer in. Would someone like to
address that?
COUNCILMAN TOWNSEND: I would like to address a couple of
comments. Are you aware of the law that exists, Mrs. Romeril?
VIOLET ROMERIL: Yes.
COUNCILMAN TOWNSEND: Are you aware how this amends that law?
VIOLET ROMERIL: Yes.
COUNCILMAN TOWNSEND: And you still feel that this is further
abrogation of the existing law?
COUNCILWOMAN OLIVA: Or should we get rid of the existing law?
COUNCILMAN TOWNSEND: The comments I~m getting is that the people
that are speaking in opposition to this law want to remove the existing
law. What we have done does not deter other than in commercial zones
the condition that exists now under this law. We've added a few more
regulations. There are a few more safeguards, if you will, regarding fees
pg 12 - PH
and inspections, and annual fees, that you don~t have now. But, right
now, in terms of putting a bed and breakfast in a residential community,
it doesn't vary from what exists now. That's the existing law. It's not
that we're faced with it. It's what exists now. I just wanted you to be
aware of that.
SUPERVISOR WlCKHAM: Would anyone else on the Board like to address
this?
COUNCILMAN LIZEWSKI: I think what's being said out there is, that
even the old law wasn't right, and basically what's happening is, we're
giving the Zoning Board of Appeals the right to zone, and even the old
law should never have allowed BE, Bs in residential areas, and I think
that's the message that I think I'm hearing.
SUPERVISOR WlCKHAM:
the Board? Mrs. Flynn?
Okay, someone else who would like to address
INCEBORC; FLYNN: I"m Ingeborg Flynn. I"m a resident of the
Town of Southold, and only would like to mention that we are dealing
because of emotions here. We are dealing with a matter of law here, and I
can tell you by this lady, who is coming out here, and very emotional
addressing the Board, as a real estate broker..l"m not here as a real
estate broker, but I"ve been a real estate broker for fourteen years in
this town. I, as a real estate broker, could have a customer, even a
retired person, or a person who is maybe looking for a second home, and
I'm going to offer a home, a vacant home, next to a bed and breakfast,
I'm not going to sell this vacant home next to a bed and breakfast. A
person who is going to retire, or is coming from the city, or is going to
invest money here for a second home, is not going to buy a home next to
a bed and breakfast, because they want to be in a residential zone. They
want to get away from where they came from. So, that is why we"re going
to have a vacant home next to a bed and breakfast. Now about the vacant
store, vacancy in the Town of Southold, we have on the Main Street, the
lady referred to, is former interior decorating store, or people who are
here on weekends, they come for t-shirt. They maybe come to buy a mug,
or a card from C;reenport or from Southold. They are not going to come to
buy lamps, and furniture, so a person who going to retire here, or is
going to buy a second home here, yes, this person is going to support
their local lamp store, their local interior decorator, and the local
furniture store. So, the person, or the people, who came into this town to
retire here, or have second homes, are supporting the local economy much
more than a tourist, who is going to come here on Friday night, who on
Saturday morning with buy a t-shirt, or a mug, and is looking, and is
disappointed that there is no McDonald"s, and they go back to Riverhead,
and go home. That is my impression. Also, I would like to ask the Board,
if this lady who addressed the Board before, if she has a B&B? Yes. I
would like to know if you are assessed as a BSB? Do you take an
existing depreciation?
SUPERVISOR WICKHAM: Mrs. Flynn, if you would address the Board?
INCEBORC FLYNN: Is this particular person, is their property
assessed as a B~,B?
pg 13 - PH
SUPERVISOR WICKHAM: That is not the issue at the hearing.
INGEBORG FLYNN: It is the issue. If we do have all these B&Bs,
and then the people are going to take depreciation on their building, pay
us taxes on their building, and the adjourning residential owners now,
they're property is less valued. Are they going to pay less taxes, and
who is going to pay the assessors to do all the re-evaluation of these
properties in the town? So, in the long run it's going cost the town much
more money.
SUPERVISOR WICKHAM: There's a speaker here.
MARY MOONEY-GETOFF: Supervisor Wlckham, and members of the
Board, my name is Mary Mooney-Cetoff. I live in Southold, and for the
past twelve years, or more, I forget exactly how long, I~ve been the
operator and the owner of Goose Greek Guest House. I~d like to make a
couple of comments. There aren't going to be masses and masses of
people, as Louisa Evans had pointed out before at another time, coming to
your door, (tape change.) Not everyone has the personality to want to be
a bed and breakfast host. A lot of people feel they're letting strangers
in. I~ve heard people say to me, how can you let strangers in your house?
Well, if that's your attitude, you're not going to be comfortable doing
bed and breakfast, and you lose your privacy. So, I don't see that there
are going to be scads and scads of people wanting to open bed and
breakfast in residential homes, because it's a very limited kind of
business, that only certain people are going to want to do. I~m very upset
by the fact that at these hearings, and in the papers, there has been so
much misinformation, exaggerations, and what I would only call silly
suppositions with thought, and I refer specifically to an article that was
in the New York Times, the Long Island section, on January 1st, in
which somebody said, that if we can't rent a bed and breakfast, what's to
prevent us from turning our place into a boarding house, or into a place
where we would take in welfare clients, in order to make money. That is
just absolutely ridiculous. In the first place, most of us have children,
who come home for the holidays, and for other occasions, so that we llke
to keep our rooms available for that. In the second place, after we have
spent hours painting, and wallpapering, and decorating, and working on
the grounds, and appointing the rooms nicely. We certainly are not going
to take in welfare clients. Those of us who do bed and breakfast, for the
most part, are doing it for a secondary income. You don~t open up a bed
and breakfast with three rooms, and think that you're going to make a
living our of this. That was absolutely crazy. You need to have five room
or more, as the White Lions in Creenport has. Then maybe you could make
a living out it, but the little bed and breakfast homes, that we have, it
brings in a secondary income. After we spent all of this money to make
our places nice, we certainly are not going to bring in people, who
would..whatever. All right? If I did anything, if I needed to make more
money out of my house, I would make an accessory apartment. I certainly
am not going to turn it into a rooming house, or take in welfare clients.
Actually considering how nicely we have our bedrooms appointed, I'm
surprised that no one has suggested, that we might turn our bed and
breakfast into bordellos, if we couldn't make money. Now, I~d just like to
address a couple of other things, that have been said about property
being sold, and bed and breakfasts bringing down your value. That
pg 14 - PH
hasn't been true on my block. I live on Waterview Drive, and my
neighbor's home was recently sold, and there's been no problem. People
talk about bringing in undesirable people. Well, I~d like to know who
those undesirable people are? Everyone who comes to my place is upscale,
courteous, gracious, lovely people. For the most part, they're educated
people, every bit as much as you and I. The ones, who aren't too
educated, are still decent, lovely folks. I have never anybody come to my
bed and breakfast, that I would be ashamed to introduce to any of you as
a friend. We don't have any more traffic, or overcrowded driveways, then
when our kids were home. In fact, there was a lot more traffic when I had
two nubile, and attractive daughters living in my home, boys~ cars coming
up, and down the driveway. I don~t have that now. Bed and breakfast
guests don~t have guests. There's a lot less traffic because unlike my
children, who are there year-round, bed and breakfast are seasonal. Who
do we have at this time of year? When our kids were home, there was all
the traffic coming and going, parties, and whatever. There's none of that
for a good portion of the year. Okay? I wanted to say about the $50.00
fee. I don't object to paying that, if it's going to be used for some
purpose, but if I'm paying it, then I want everybody else, who is doing
bed and breakfast, to be paying, and I would hope that, that money
would be used to enforce that, because I don~t think it's fair for you to
be collecting fifty bucks from me, when somebody down the street is doing
bed and breakfast sub-rosa, and not paying the $50.00. So, I think you
should enforce that, and I really think you should have a fine, so that it
is enforceable. Okay? That's about all I wanted to say.
SUPERVISOR WlCKHAM: Is there anyone else, that would like to address
the Board this afternoon on the matter of a bed and breakfast?
HAZEL JEFFCOAT: Hi. Hazel Jeffcoat, again. Basically, short and
sweet, I think a lot of the overbuilding happened, because changes that
were made, again, legally, that forced people to lose their property
rights to build out here, and for very good causes. I could understand,
saving our land, keeping the influx down. But just give me the street,
the city has made contract, two unions, that's just street talk, but these
contracts, construction contracts, are what is forcing the Sunrise Highway
down our throat, and soon to be Mattltuck Highway down our throat.
Personally being a young person, knowing how it's really hard to save
money for a vacation, and knowing about terrorism around the world, I'd
much rather be able to invite my family or friends to Southold, and let
them live in a bed and breakfast for a week or two. I see, I~m a home
health aide, and a lot of the elderly that I work for have very limited
incomes. They can't keep up with the changing of costs of living. I know
personally, mothers, that rent out their homes during the summer, and go
live with their children, and they take that little bit of money, and they
live on it. Some of these people, maybe they're a little more agile, that
they can handle the business of a bed and breakfast. We know this law,
we know there's all kinds of enforcement, that you have to concur with
that. We, also, know that things in our area, where the people work
together don't get to a point where it's no longer residential. If you
look around just on Main Street, those B&Bs are beautiful. When you
drive in, and see how much care and love goes into these businesses,
they're almost llke the dinosaurs of Mom and Pop kind of businesses,
because it's very expensive to have an employee anymore. You can't even
pg 15 - PH
hire a child to rake the leaves, because of the law. You can't hire a
baby-sitter, because of the changes they've made with Social Security.
So, when you look at the legalese, and the domino effect, and you prevent
people from having property rights for the good of others, and then you
have this big spurt of building, you have a lot of empty businesses,
where taxes are not collected. You can change the law with the whip of a
pen, as happens with every change of the administration, so I hope that
youql have generosity with our Board so they'll stay with us longer. I
want a fence in my community. I don't want a BSB next door, if I'm
going to have to worry the kind of people they're going to have are going
to rape my kids. But, I do really think it's good business if we have, and
I think the Board has proposed some pretty good middle grounds. So,
helping we, the public, know a little bit more about how far you've gone,
we're trying to protect both interest, might help ease the emotions, but
I've seen people get mad over a penny, and I think the neighbor, the
community has to recognize that new people coming in, and not meaning
just young people, I understand a lot of elderly are going to come out
here. There's not that many people that can afford to take care of them
either, and the ones that can't afford to live here are leaving the wrong
way. So, I, myself, as a new member want B&Bs. I think everybody
should have the right to have the kind of business they want, and I think
the laws will protect the neighbors. I don~t want to see Town Boards
establish, Zoning Boards, and people that say that, no, you can't have it,
because I don~t like. There's always a middle ground, and you're never
going to please everybody all the way. I don~t think the Board is
intentional trying to hurt anyone, and I do hope that you'll go ahead and
allow people some. What else do they have? Overloading them with laws
that you can't keep up with, it's hard enough to keep up with your health
insurance and forms. I, also, think that the kind of costs that you're
incurring these business people, they have a lot more costs than maybe
the rest of us don~t know about, because we're not in the business.
Definitely the law is there in a lot of layers, that would protect us from
harming the community being overrun with B&Bs. But for the sake of
growth, and the sake of a peaceful growth, because I intend to fight the
highway coming, but the city has those contracts whether those men work
or not, and there's no legal way to get out of it from what I hear through
the grapevine. So, it's coming. It's just a matter, set up laws, that help
the neighbors stay neighbors.
SUPERVISOR WICKHAM: Thank you.
DIANE SMITH: Supervisor Wickham, and Councilpeople, my name is
Diane Smith, and I just want to make a comment, and I don't wish to be
mean, but that was very benevolent. Why don't we just have .... so we
don't have to take our cars to go to the same job throughout the
residential neighborhood? B&Bs are commercial. To quote Mr. Flynn,
the State and County impose sales taxes, and the County imposes an
occupancy tax. I have here a book, and it's the Association of Innkeepers
International. It's a book on insurance, and they state, be aware that
when selling, quote, rooms for dollars, you're establishment becomes,
quote, commercial. Who may I ask on the Board does not consider B&Bs
commercial at this point? The residents of the Town of Southold felt
secure when they acquired their homes in neighborhoods, that they
cherished, and that their residential zoning meant just that, residential,
pg 16 - PH
and they trusted in that zoning. In the January 12, 1995 issue of the The
Suffolk Times the article states, it was new B&B proposals to aspire, it
felt like deja vu all over again last Wednesday ZBA meeting, as the first
B&B application surfaced at the sound of fury over these accommodations
broke out last year. The statements from the newspapers are, it was
ludicrous to think the Town could insure that only three bedrooms were
used for guest accommodations. The owner of the home had mentioned the
need for income, and would be sorely tempted by the potential of his
twelve room house to bring in greater amounts, commercializing this
residential area, would drive down property values, and twenty-eight
neighbors signed a letter objecting to the B&B. Quote, my client came
here for peace and quiet, that would be destroyed by the transient of a
B&B. How many replays of this do we want, pitting neighbor against
neighbor? In the January 20, 1995 Dan's Papers, the articles states, and
I'll just take pieces of it. In Southold a Town meeting was held about
the Bed and Breakfast proposal, and it was quite spirited. Would bed and
breakfast be allowed on residential streets? Well, nobody wants to go to
them with the traffic, whether is five, or three, or how about one? Does
renting just one bedroom make a bed and breakfast. When does a bed and
breakfast become a rooming house? Who's going to inspect them from
Town Hall, and what about minimum room sizes, safety requirements? The
Town Council went back to the drawing board. Would this come up with
perhaps the most provocative question of all, and that is whether or not
there would be a limited amount of them. I think we need to be very
careful not to put rules into effect that make bed and breakfast a legal
right for every private resident in the community. Certainly it's east
enough to do. All you have to do is say, that in a democracy every home
owner should have as much right as every other home owner to run their
house as a bed and breakfast, but I can think of a lot of communities,
that have been overrun by tourist when they have allowed that to happen.
At the present time finding accommodations on Eastern Long Island
between Memorial and Labor Day is no easy matter. We have a few hotels,
inns and motels, and for the most part to stay overnight you have to have
friends who have homes here. Go as their guest, if they will invite you.
In that sense, the east end has developed as a very exclusive place. We
are not very big in the tourist department. Having a lot of bed and
breakfast in town is a very seductive idea. These places are warm and
friendly, and in the morning they smell of maple syrup and pancakes, but
let us not deceive ourselves. Consider them tinkers with the balance of
our community. If we create rules, that allow any private home to become
a bed and breakfast we are opening ourselves to the possibility of 10,000
new empty beds being filled in existing spare bedrooms. If the result is
that these beds are stocked with thousands of camera totting, souvenir
buying, t-shirt wearing tourists. What does that do to the character of
our community? Wouldn't that scare those who like their privacy? I am in
favor of bed and breakfasts. I think we should have them, but I think
we should have appropriate numbers of them. Our Town Supervisors meet
together once in awhile. They ought to decide how many bed and
breakfasts licenses they want to give out, and then divvy them up. They
could then be offered on a first come, first serve basis, and that should
be it. Think about it. Do we really want to promote hoards of tourists
that stay? We live here, raise our children here, enjoy the lifestyle
here, retire here. I really didn't want to bring this up, but the last
public hearing someone approached me on the way out, and that person
pg 17 - PH
wanted to know why I was opposed to bed and breakfasts? I stated, why,
and in the end, that person said, well, I don't want a B&B next to me. If
push comes to shove how many of those who say they want B&Bs really
would want them if it meant them being their neighbors? Residential
zoning should mean just that, residential not commercial. BE, Bs should
be in commercial zoning only. I just have one other comment on something
that was said. The comment was said no signs, to have no signs that
would make the neighborhood look, quote, horrible. Horrible? The sign
says it as it is, a BF, B, commercial in a residential neighborhood. I
thank you.
SUPERVISOR WICKHAM: Thank you. Is there anyone else who would like
to address the Board this afternoon. Mrs. Cochran?
JEAN COCHRAN: I just have two questions. The law has been in effect,
what? Ten or twelve years? Can someone tell me how long?
COUNCILMAN TOWNSEN:
when I was on before.
At least nine years or so, because it was on
JEAN COCHRAN: How many B~,Bs do we have in town?
COUNCILWOMAN OLIVA: Between seven and ten, I think.
COUNCILWOMAN HUSSIE: Legal ones.
JEAN COCHRAN: Legal ones are the problem of an Enforcement Officer,
so that's another responsibility. I was curious to know how many. Thank
you.
SUPERVISOR WlCKHAM: Is there anyone else who would like to address
the Board on the matter of B&Bs? Mr. Flynn?
F.M. FLYNN: I'd like to make a couple of quick comments. This defense
of the existing legislation reminds me of a serial killer, who uses his
subsequent murders being justified by the original one. The original flaw
is wrong. It's wrong for all the purposes I cited. It was passed in
defiance of the existing Code, and they are still illegal by my standards.
Now the question of location, I~ve said this time and time, again, I~m not
adamantly opposed to B&Bs. I think perhaps they belong on the main
roads, and, also, possibly on winery sites, which are sufficient in
acreage, in effect, hide them from nearby residents, and the activities
that take place there. Now, this question of providing accommodations for
new residents, this is like Ross Perot~s giant suction. If intelligent
people find that they can enjoy depreciation, recapture, depreciate their
furniture, all these various things, they would be smart enough to put a
B&B sign out in front of their house. That's essentially what I have to
say except that this has gotten to be an emotional war. Emotions are put
forth by the operators of BSBS. I am not arguing on an emotional basis.
What I am saying is, you have zoning laws. Abide by it, and have the
moral courage to come out, and say, that it's the Town Board's
responsibility, and the Town Board is going to designate places where
these B&B can legally exist. Nobody is saying anything to date about the
non-conforming nature of the existing B&Bs, where this to take place.
pg 18 - PH
But, what I am saying is, if you go through the local tax rolls, you won't
find to my knowledge, any of them assessed properly, and that is
certainly an order of business for the Assessment Department here in the
Town of Southold to recognize that they are commercial uses, and have
their sites so designated.
SUPERVISOR WlCKHAM: We've had a series of speakers. We've heard a
wide range of views. We've heard a lot of concern. We've heard some
support. I think it's time to bring this hearing to a close, unless I
recognize anyone else, who would llke to make some comments to the
Board. I close the meeting.
Judith T. Terry
Southold Town Clerk
sTATE OF NEW YOF'-'~
CO~Y OF ~0~ )
in ~d ~, ~!~ d~y
pdn~p~ Clerk of THE s~O~ TIM~, a Weekly
Ne~paper, publl~ed at Ma~l~, in the To~ of
~uthold, ~ of S~olk ~d S~te of New York,
and that the Notice of which the annexed is a
printed copy, h~ ~en ~ly publbhed in ~d
~ce~ively, comm~lng on the ~ a y
No~ Public
to the T~ ~/llffi of the Town of
her, 1994, l lee, al Law e.~itl~d, 'A
Local Law hi Rehtbn to Bed ond
NOTICE IS FURTHER GIVEN
that the Town Board of the Town of
Southold will hold a publk hoarin[
on the aforesaid Local Law at the
Southold Town Hall, Main Road,
Southold. New Yodt, en tho 24111 tiny
of Jan~lry, IS, ~ $:0S P.M,, at
which time all th~es~d persons
This proposed "Loca! Law in
Relatloa to Bed and Breakfast
BE IT RN&CTED, by the Town
B~rd ~ fl~ Town of Southold as foi-
l. ~ I~0 (Z~in~) oft~e Code of
the Town of Sonthold is hereby
~mended as follows:
~: The iment of Ibis or~
w~ai~e m~J~3~J~J~g~he residen~tkal
a~roval q~establis~es a s~ fi~j
I. Section I00-31B(15) is hereby
amended as follows:
has been issued a bed-and-
~ A smoke alarm shall ~
adOe0 to ~ad as follows:
61B(6) res~etivaiy.
7. Section 100-71B(4) is hereby
71B(6), and Section ~-71B(7)
71B(4), 100-71B(~), and 100-
~ to re~ as follows:
~e~. 1~-31~(I~L
exception by the Board or
Appeals. Thc following uses
are permitted as a special ex-
ception by the Board of ap-
peals as hereinafter provided
site plan approval by the
Planning Board:
11. Section 100-8lB(I) is hereby
amended as follows:
(I) Any special exception use as
set forth in and regulated by
Sec. 100-3lB of the Agri-
cultural-Conservation District,
except ~ wineries are not
required to be in connection
with a vineyard, and except
bed-and-breakfasts.
12. Section 100-9lA is hereby
amended to read as follows:
A. Permitted uses. The following
are permitted uses and, except
for those uses permitted under
Subsection A(I) ~ad A(2) ~d
A(19) hereof, are subject to
site plan approval by the
Planning Board:
13. Section 100-91A(19) is hereby
added to read as follows:
~et forth in and as reeulated
bY Sec, 100-31B{15}.
14. Section 100-91B(5) is hereby
amended to read as follows:
~ Boarding and/or tourisl
homes as set forlh and regulat-
ed by Sec. 100-61B(5) of the
Resort Residential (RR)
District.
15. Section 100-10IA(2) is hereby
amended to read as follows:
(2) Any permitted use set forth in
and regulaled by Sec. 100-
91A(3) 1o {--1-8,,) ~ of the
Hamlet Business District.
16. Section 100-131B(13) is hereby
deleted in ils entirety.
LEGAL N(JllLl~,
NOTICE OF
PUBLIC HEARING
ON LOCAL LAW
PUBLIC NOTICE IS
HEREBY GIVEN that there
has been presented to the Town
Board of the Town of Southold,
on the 13th day of December,
1994, 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 Hall, Main
Road, Southold, New York,on
the 24th day of January,
1995, at 5:05 P.M., at which
time all interested persons will
be beard.
This proposed "Local Law
in Relation to Bed and Break-
fast Facthtles" reads as fol-
lows:
BE IT ENACTED, by the
Town Board of the Town of
Southold as follows:
1. Chapter 100 (Zoning) of
the Code of the Town of
Southold is hereby amended as
follows:
INTENT: The intent of this
ordinance is to provide B&Bs
as an imoortant housing base
for our tourist industry while
maintaining the residential in-
tegrity of our communities.
This section prgvides clear cri-
teria for B&B at~oroval and es-
tablishes a simplified permit-
ting process.
1. Section 100-31B(15) is
hereby amended as follows:
prc;'idc~ that thc rent!rig :f
parld.ng apace: shall b: Ftc
the '.:se cf th': f~x:n!ty ef the
( 15 / Bed-an d-breakfast
which has been issued a bed-
and-breakfast hermit by the
Building Inspector: Said permit
shall be issued for a term of one
year if the following conditions
are met;
every guest roonl;
at least two (21 exists and there
sMil[~a Window large enouuh
for emei~en6v' 6~r~'s in each
2;
hereby ~¢t0:read as fo-
) SechOn 100-6lB is
hereby amended to read as fol-
lows:
B. UsesPerm tted by spec al
exception by the Board of Ap-
peals. The following, uses are
permitted as a speoial excep-
tiOn by the Board of Appeal~
as hereinaftei'pr6vMed ~ind~
subject to site Plan apWoval by
the Planning Board:
4. Section '100-61B(5) is
hereby deleted in its ent~ely
follows:
5. Section 100-61B(6) and
S0ction 100-61 Bt7) are hereby
renumbered 100-61B(5) and
100-61 Bt6) respectively·
6. ,Section 100-71A(4) is
hereby added to read as fol-
lows:
as set fo~h in and as regulated
7. Secfion'100-71B(4) is
hereby deleted in its entirety as
follows:
8. Section 100-71B(5), Sec-
tion 100-71B(6), and Section
100-71 Bt7) are hereby renum-
bered 100-71B(4), 100-71B(SL
and 100-71B(6) respectively.
9. Section 100-81A(3) is
hereby added to read as fol-
lows:
(3) - -
as set forth in and as regulated
by Sec. 100-31B(15L
10. Section t00-81B is
hereby amended as follows:
B. Uses permitted by special
exception by the Board of Ap-
peals. The following uses at'e
permitted as a special excep-
tion by the Board of Appeals
as hereinafter provided and,
'-'se:, are subject to site plan
approval by the Planning
Board.
II. Section 100-8lB is
hereby amended as follows:
(I) Any special exception
use as set forth in and regulated
by Sec. 100-31B of the Agri-
cu IturaI-Conservation District,
exceptlll~ wineries are not re-
quired to be in connection with
a vineyard, and excent bed-
and-breakfasts,
12. Section 100-9lA is
he?~by amended to read as fol-
lows:
A. Permitted uses. The fol-
lowing ar~ permitted uses and,
except for those uses permitted
under Subsection A(1) ~
A(2) and A(19/hereof, are sub-
ject to site plan approval by the.
Planning Board:
13; Section 100-91A(19) is
hereby added to read as fol-
lows:
14. Section 100-91B(5) is
hereby amended to read as fol-
lows:
t'e~Pr-ise~-~ B0ar ding and/or
tourist homes as set forth and
regulated by Sec. 100-61B(5)
of the Resort Residential (RR)
Dis~'iet.
15. Section 100-10IA(2) is
hereby amended to read as fol-
lows:
(2) Any pem'dtted use set
forth in and regulated by Sec.
100-91A(3) to(!g) (19) of the
Hamlet Business District.
16. Section 100-13 lB(13) is
hereby deleted in its entirety
....... ,- .... :r,~rc:':! ": ro
17. Section 100-13 lB(14)is
hereby renumbered 100-
131B(13).
18. Section 100-141B(2) is
hereby deleted in its entirety.
a= ::: f:."t~. :~ and ::
19. Section 100-141B(3) is
hereby renumbered 100-
14lB(2).
20. Section 100-274B is
hereby amended to read as fol-
lows:
B. For all other applications,
including those involving com-
mercial property, comaining a
single request [for example, an
application requesting one (1)
variance or an application req-
uisition a special exception],
the fee shall be four hundred
dollars ($400.), extent that
fee for a special exception for
a bed-and-breakfast shall be
two hundred fifty dollars
21. Section 100;281J(1)(i)
is hereby added to read as fol-
lows:
tion: one hundred dollars
($100~ for the initial annual
permit and fifty doUars ($50)
II. This Local Law shall
take effect upon its filing with
the Secretary of State.
*Overstrike represents dele-
tions.
**Underscore represents
addition.
Copies of this Local Law
are available in the Office of
the Town Clerk to any inter-
ested persons during business
hours.
Dated: January 10, 1995.
JUDITH T. TERRY
SOUTHOLD TOULON
CLERK
1X-I/19/95
COUNTY OF SUFFOLK
'-;TATE OF NEW Y()RK ss:
Tim Kelly, being duly sworn, says that he is
the Editor, ol the TRAVELER-WATCHMAN, a
public newspaper printed at Southold, in Suf-
h)lk County; and that the notice of which the
,umexutl is a printed copy, has been published
ut~,fid I:,]vele~-Watchman once each week for
/
............................................................. weeks
su~ cesstvel~ c~nmencing on the ....~.~ ..........
day of ................
- ....
Sworn to before me this .......... ~.Z. ........ day of
.................. .........................
.................. ........
Notary Public
BARBARA A. SCHNEIDER
I~0T,qRY [ U,E;L]C, State 0f Hew York
I:o. 420~,24G