HomeMy WebLinkAboutLL-2000 #07Local Law Filb
YORK' STATE DEPARTMENT OF STATE
/~il STATE STREET, ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
~ o f _. _s_ _o_ _u_ _t_h..o. ! _d. ...... . ....................................................................
Town
Local Law No .......... _7_ ......................... of the year 20:-9-0--
A local law _._in_._R..eJ.a__tj_o.n.._t_o__._A__m__e_U__d_i U~t___C_h_a~__te_r__!.0_Q.__5_e~tiaa_l~._.eati~d ...............
(tn.~rt l"ult)
_._'2P._e.f_Ln_Lt_L°,.n__s::.__°.[ ..t_.h..e_..C..o..d. ~ .Sf__~_b~._En~_:9!__~s,~?J~: ........................
lie It enacted bt' the ......... -tY-~'-"--~5"--~- ............................................................. of the-
{~RYr of ........ - -S-°- -q -t- -13-°- ] -d- .................................................................... as follows:
Town
I. ~100-13 entitled "Definitions". of the Town Code of the Town of Southold is
'hereby amended as follows:
BED-AND-BREAKFAST - The renting of not moro than five (5) rooms in an
owner-occupied dwelling for lodging and serving of breakfast to not more than
ten (10) casual and transient roomers, provided that the' renting of such rooms
for such purpose is clearly incidental and subordinate to the principal use of the
dwelling.
II. Severability. If any section or subsection, paragraph, clause, phrase or
provision of this law shall be judged invalid or held unconstitutional by any court
of competent'jurisdiction, any judgment made thereby shall not affect the' valid ity
of this law as a whole or any part thereof other than the part or provision so
adjudged to be invalid or unconstitutional.
III. This Local Law shall take effect immediately upon filing with the Secretary of
State.
(If additional space is needed, attach pages the same size as this sheet, and 'number each.)
DOS-Z~ (~,,. ~ ~) (1)
(Complete the ce~ :ation In the paragraph that apphes to ~lng of this local law and - ~ strike out that which is not applicable/..)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No .......... _7_ ........................ of 20___0.0_.
of the (~3coa _m~)(~'-~t~3t)(Town)(~Bz~) of _.__:_Sau~l~d ..... _~_~ ..................................... was duly passed by the
T6wn Board' ,,, March
......... :._._ ....................................... - ...................... , iii a ~U [.~p lt.~tUl [JIUVI~,IUII~, oliaw.
(Name o/Legislative Body)
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 20 ......
of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the
............................................... on .................. 20 ---, and was (approved)(not approved)(repassed after
(Name of £egislative Body)
disapproval) by the .................................................. and was deemed duly adopted on .................. 20 ....,
(Elective Chief Executive Officer*)
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local.law annexed hereto, designated as local law No .................................... of 20 ......
of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the
................................................... on .................. 20 .... , and was (approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval) by the ................................................. on ................... 20 ..... Such local law was submitted
(Elective Chlef Executlve Officer*)
to the people by reason of a (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 ..................20-~-- , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed reqUesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 20 ......
of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the
................................................... on .................. 20----, and Was (approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval) by the .................................................. on .................. 20 .... Such local law was subject to
(Elective Chlef Executive Officer*)
permissive referendum and no valid petition requesting such referendum was filed as of .................. 20----, in
accordance with the applicable provisions of law. . .. - -'
Elec'tlve Chief Executive Officer means or includes the chief executive officer of a county elected on a county-
wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or
the supervisor ora town where such officer is vested with the power to approve or veto local laws or ordinances.
(2)'
5. (City local law concerning Crlarter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 20
of the City of ............................................. having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the
qualified electors of such city voting thereon at the (special)(general) election held on ................... 20 .... ,
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 20 ......
of the County of .................................................... State of New York, having been submitted to the electors
at the General Election of November ...................... 20 .... , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the 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 !aw, and was finally adopted in the manner in-
dicated in paragraph ....._1 ...... , above.
Clerk of th~ouaty legislative-body, City, ~own or Village Cl~rk
or officer'designated by local legislative Ix~dy
Elizabeth A. Neville, Town Clerk
(Seal) Date: 4/4/00
(Certification to beexeCuted by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of loCality.)
STATB OF ~W YORK
com,rr~ OF SUFFOLK
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that-all proper proceedings
have been had Or taken for the. enactment of the local law a~6~ed hereto.
Grec~orvLE.e~akaboski. Town AttOrney
Title
~t0' of
Town
Southold
Dam: 4/4/00
(3)
RECEIVED
2 5 31XlO
Southhoid Town Clerk
STATE Of NEW YOrK
DEPARTMENT OF STATE
4 I STATE StreEt
ALBANY, NY 1223 I~000 I
ALEXANDER F. TREADWELL
SECRETARY OF STATE
April 149 2000
ELIZABETH A. NEVILLE
TOWN HALL
53095 MAIN ROAD
SOUTHOLD, NY 11971
RE: Town of Southold, Local Law 7, 2000, filed 04/10/2000
The above referenced material was received and filed by this office as indicated.
law filing forms will be forwarded upon request.
Additional local
Sincerely,
Janice G. Durfee
Principal File Clerk
Bureau of State Records
(518) 474-2755
JGD:ml
WW~N. DOS. STATE. NY. US · E-MAIL: ~IFO(~(~ DOS. STATE. NY. US
RECEIVED
$outhhold Town Clerk
DEPARTMENT OF PLANNING
COUNTY' OF SUFFOLK
ROBERT J. GAFFNEY
SUFFOLK COUNTY EXECUTIVE.
STEPHEN M. ,JONES, A.I.O.P.
DIRECTOR OF PLANNING
April 25, 2000
Ms. Elizabeth Neville,. Town Clerk
Town of Southold
53095 Main Road - P.O. Box 1179
Southold, NY 11971
Re:
Amended Zoning Ordinance
(1) Section 100-13
(Local law No. 6 of 2000); and
(2) Section 100-13
(Local Law. No. 7 of 2000).
Town of Southold
Dear Ms. Neville:
Pursuant to Sections A 14-21 ofthe Suffolk County Administrative Code, the Suffolk Cotmty
Planning Commission has notified the neighboring town(s) and/or village(s) concerning the above
captioned zoning action(s).
Having received no adverse response, the Commission will take no hrther action.
Vet3r truly yours,
Stephen M. Jones
Director of Planning
GGN:cc
G:~C C H ORNY~ZO N IN G~O NING'~WO RKIN G\NAR~-000\$ D 13.APR
S/s Gerald G. Newman
Chief Planner
LOCATION
H. LEE DENNISON BLDG. - 4TH FLOOR
I O0 VET1ERANS MEMORIAL HIGHWAY
MAILING ADDRESS
· P. O, BOX 6 I O0 ·
HAUPPAUGE, NY I 1788-0099
[5 I 6) 853-5 190
TELECOPIER (5 ! 6) 853-4044
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTI~t~ OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
April 6, 2000
CERTI FlED MAIL
RETURN RECEIPT REQUESTED
New York State Department of State
State Records and Law Bureau
[[1 State Street
Albany, New York 12231
Re: Local Law Numbers ~ through 7 of 2000
Town of Southold. Suffolk County
Dear Sirs:
In accordance with provisions of Section 27 of the Municipal Home
Rule Law, I am enclosing herewith certified copies of Local Law Numbers
4 tl~rough 7 of 2000 of the Town of Southold suitable for filing in your
office.
I would appreciate if you would send me a receipt indicating the
filing of the enclosures in your office, Thank you,
SENDER:
D Complete items I and/or 2 for additional services.
Complete items 3, 4a and 4b.
[] Print your name and address on the reveme of this form so that we can return this
card to you.
[] Attach this form to the front of the mailpiece, or on the back if space does not
permit.
[] Write 'Return Receipt Requested" on the mailpiece below the article number.
[] The Return Receipt will show to whom the article was delivered and the date
delivered.
3. Article Addressed to:
Ny.~ Department of Law
StatUe R~cords g La~v Bureau
· 1 ~tate Street
Alba~ny. NY 12231
I also wish to receive the follow-
ing services (for an extra fee):
1. [] Addressee's Address
2. [] RestriCted Delivery
7. Dale of D~:,i,'c,r-T/4rK ! [~
5. Received By: (Print Name) J 8. Addre~s~ ~ly~r~u~
fee is paid)
102595-99-B-0223 Domestic Return R~eipt
PS Form 3811, D~ember 1994
~o 6. Signature (Addressee orAgent)
4a. Article Number
Z 088 ~t77' 769
4b. Service Type
Registered ~Certified
E~:!Express Mail [] nsured
~ r~'Ret!;rn Receipt for Merchandise I']COD
Jrs,
eville
Clerk
· : ;:".::i~i:i iil ~R~ih~ld;'fin,.,-ih6''. .Couaty
; :~.?'~ :,: ::': ~:~'ffOlk~. NeW:.. YOrk; held.'.at '
':":':'.~::,::~'~(~::]?i~a To~h':Haii~,53~5-main .~
~' :: :?.:;~'~a; :':::g~6ihOId,?:' ih :" '~id '
'.:..'" ":.:'~n. 7.::~6~ ,:~h~;..'qSt': day :6f"':.~
;~ "~." ~:"::':';F~rui~ 20~.:
PRESE~':
- Hon.'.Jean'W. Cochran,
?..Supervisor.· .. :..':...'.
. Willi~m'Mo0~; C0uhcilperson
- . L0~i.sa E~o'n.g'3U~ti.~e"' .:'7. ..
'.~b~'fi :Rom~nelii~'Cofifi~[pe~on
· ".::" .. of;the....'. '
BE:D-AND*B'REAKF~ST
~e ~en,ti~g~:b-f.~n6t more
' cupied dwelling, for lodging and serv~
"ing"0f. ~f~ak fast :to'fi0rm0re~:than'~
':' ~°omers;'p~0vided that ~'h~' r~nt'ifig of'
1~' incidefit~i '~nd su~rdinate t0' the
prmcspal u~e.of:~e d~elling; . ...
'ii.' se~e.r~bilit~.. If any'secti0n' or
or PEOvision of this law shall
judged, invalid or held un-
constitutional by. any court of eom-
peteh.t ~:'jUdSdiction; 'any judgment
made' t~i~by shall n~ 'affeef':ihe
part,:-,ihereof;..other than the
effect 'imm~'di~tejy ~fiP~n::-filing;· ~i'th
the.secretar~::.bf s fate;, .~ '.. ' '. ';'
· nderlme:,represents additions
~ ~-.--.~ .~,~ .. · ...,. . . ·. ..
STATE OF NEW YORK)
)SS:
COyNTY OF SUF,F,O~.~K)
L )-~::~ ~-. [~ ii ['~ S of Mattituck, in said
county, being duly sworn, says that he/she is
Principal clerk of THE SUFFOLK TIMES, a weekly
newspaper, published at Mattituck, in the Town of
Southold, County of Suffolk and State of New York,
and that the Notice of which the annexed is a printed
copy, has been regularly published in said Newspaper
once each week for [ weqks succes-
sively, c~o. mrnencing on the ~['--~.4,-.1,~ day
of~"'~C)'~ 2oC)0 .
(~) Principal Clerk
Sworn to befo.9.re_~e this
day ." .~/~---~ _ ':~_ T
,/ / S -AT-F'6F WVO
/'.-'""~ 1 _//, ~/7'//''" '//ff'~:). 01BR4732613
~[///' ~QU A-LIFIED"'tWS13?FOLK COUNTY
- co v sslou EXPIRES MAY 3a
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York
being duly sworn, says that on the 1!~_h day of Febr,_,~_ry ~ 20§0
she affixed a notice of which the annexed printed notice is a true copy,
in a proper and substantial manner, in a most public place in the Town of
Southold, Suffolk County, New York, to wit: Town Clerk"s Bulletin
Board, Southold Town Hall, 53095 Main Road, Southold, New York.
LEGAL NOTICE OF PUBLEC HEARING - Local Law inRelation to Amending
Chapter 100. Section 13. entitled "Definitions" Of the Code of the Town
of Southold - BED S BREAKFAST- 5~.O0:~p.m.. Tuesday. Ma~rch:~tq.'. 2000.
4:;~ElizalS&t~ A. I~ville
Southold Town Clerk
Sworn to before me this
11fhday of Fphr,.arv ,
Notary ~ublic
LINDA j. COOPER
Notary Public, State of New
No. 4822563, Suffolk
Term Expires December
PUBLIC HEARING
MARCH 14, 2000
5:00 P.M.
ON A PROPOSED "LOCAL LAW IN RELATION TO AMENDING CHAPTER 100~
SECTION 13, ENTITLED 'DEFINITIONS OF THE CODE OF THE TOWN OF SOUTHOLD"
(BED &BREAKFAST)
Present:
Supervisor Jean W. Cochran
Justice Louisa P. Evans
Councilman William D. Moore
Councilman John M. Romanelli
Councilman Brian G. Murphy
Councilman Craig A. Richter
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
SUPERVISOR COCHRAN: The first one scheduled is a "Local Law in Relation to Amending-
Chapter 100, Section 13, entitled "Definitions" of the Code of the Town of Southold".
COUNCILMAN MOORE: "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 1st day of February,
2000, a Local Law entitled "A Local Law in Relation to Amending Chapter 100, Section 13,
entitled "Definitions" of the Code of the Town of Southold". 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, 53095 Main Road, Southold, New York, and hereby sets 5:00 P.M.,
Tuesday, March 14, 2000 as the time and place for a public hearing at which time all interested
persons will be heard. This proposed "Local Law in Relation to Amending Chapter 100,
Section 13, entitled "Definitions" of.the Code of the Town of Southold" which reads as
follow:
A Local Law in Relation to Amending Chapter 100, Section 13, entitled "Defmitions" of the
Code of the Town of Southold.
BE IT ENACTED by the Town Board of the Town of Southold is hereby amended as follows:
I. §100-13 entitled "Definitions" of the Town Code of the Town of Southold is hereby amended
as follows:
BED AND BREAKFAST - The renting of not more than ~ five (5) rooms in an owner-
occupied dwelling for lodging and serving of breakfast to not more than si-x-(6~ten (10) casual
and transient roomers, provided that the renting of such rooms for such purpose is clearly
incidental and subordinate to the principle use of the dwelling.
Severability. If any section or subsection, paragraph, clause, phrase or provision of this law shall
be judged invalid or held unconstitutional by any court of competent jurisdiction, any judgment
made thereby shall not affect the validity of this law as a whole or any part thereof other than the
part or provision so adjudged to be invalid or unconstitional.
II. Severability. If any section or subsection, paragraph, clause, phrase or provision of this law
shall be judged invalid or held unconstitutional by any court of competent jurisdiction, any
judgment made thereby shall not affect the validity of this law as a whole or any part or
provisions so adjudged to be invalid or unconstitutional.
m. This Local Law shall take effect immediately upon filing with the Secretary of State.
*Underline represents additions
Strikethrough represents deletions
By Order of the Town Board of the Town of Southold, Southold, New York. Elizabeth A.
Neville, Southold'Town Clerk." I have a proof of publication in the Suffolk Times, a notice
from the Suffolk County Planning that it is a matter for local determination, a letter from the
Southold Town Planning Board supporting this change, and an affidavit that it was posted on the
Town Clerks Bulletin Board, and that it was sent to adjoining towns.
SUPERVISOR COCHRAN: The State allows five, and up to this point we have allowed three,
and now we are looking to change that, so that is what this is about. Is there anyonethat would
like to address the Town Board in relation to the change in definition? I see a lot of people from
our bed and breakfast out there~ so let me start over here. Anyone who would like to address the
Board in relation to this public hearing?
JOHN B~S: My name is John Barnes. I have the Shorecrest Bed and Breakfast, and the
North Fork Bed and Breakfast As.sociation has ten members. I am the secretary. I speak in favor
of this. We have more people on given weekends in the summer, than we can handle, and there
have been a number of bed and breakfast, that simply for some reason go out of business the last
couple of years. We are concerned that it .may be a little more cost effective if we have four
rooms rather than three, because in size none of us (unintelligible)
SUPERVISOR COCHRAN: Anyone else like to address the Town Board? (No response.) Is
the feeling of your group mainly supportive of this change?
JOHN BARNES: Yes.
SUPERVISOR COCHRAN: Anyone else like to address the Town Board in relation to the
hearing? (No response.) If not, I will close the hearing.
Southold Town Clerk