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HomeMy WebLinkAboutLL #07 2015 STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA ANDREW M COOMO 99 WASHINGTON AVENUE GOVERNOR ALBANY,NY 12231-0001 CESAR A PERALES WWW DOS NY GOV • SECRETARY OF STATE September 4, 2015 Lynda M Rudder RECEIVED Deputy Town Clerk Town Hall, 53095 Main Road SEP 1 1 2015 PO Box 1179 Southold NY 11971 Southold Town Clerk RE: Town of Southold, Local Law 7 2015, filed on September 3, 2015 Dear Sir/Madam: • The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.ny.gov. - - Sincerely, State Records and Law Bureau • (518) 473-2492 • FY-- �NEWYORK Department F ` STATE OF OPPORTUNITY- of State ELIZABETH A.NEVILLE,MMCe� .�® �� Town Hall,53095 Main Road TOWN CLERK ;�" ` P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS • �pr .11 a Fax(631)765-6145 MARRIAGE OFFICER #, , �4:Sr Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER cfci *I's," www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER � ,,,0° OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 8, 2015 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses on September 22, 2015 Please sign the duplicate of this letter and return to me at your, earliest convenience in the self-addressed envelope. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department Date: [�®02—/ 5-- Signature, Signature, Received By Title: 14,✓.. ' Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK SOUTHOLD TOWN BOARD PUBLIC HEARING August 11, 2015 7:30 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman William Ruland Councilwoman Jill Doherty Councilman James Dinizio, Jr. Councilman Bob Ghosio, Jr. Town Clerk Elizabeth Neville Town Attorney Bill Duffy This hearing was opened at 7:49 PM COUNCILMAN GHOSIO: Notice is hereby given that there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 14th day of July, 2015, a Local Law entitled"A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties." and Notice is hereby 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, on the 11th day of August,2015 at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280 Zoning, in connection with Transient Rental Properties" reads as follows: LOCAL LAW NO. 2015 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board of the Town of Southold has determined that with the advent of interne based"For Rent by Owner" services, there has been a dramatic increase in residential homes being rented for short periods of time. The Town Board finds that such transient rentals threaten the residential character and quality of life of neighborhoods in which they occur. Additionally, the Town Board has determined that a short-term rental, as being potentially more lucrative, will necessarily decrease the inventory of available long-term affordable rentals. Therefore, the Amendments to Ch. 280, Transient Rental Properties page 2 Public Hearing August 11, 2015 Town Board in order to protect the health, safety and welfare of the community requires the regulation of these transient rental properties. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. TRANSIENT RENTAL PROPERTY A dwelling unit which is occupied for habitation as a residence by persons, other than the owner or a family member of the owner, and for which rent is received by the owner, directly or indirectly, in exchange for such residential occupation for a period of less than fourteen (14) nights. For the purposes of this Chapter, the term Transient Rental Property shall mean all non- owner occupied, single-family residences,two-family residences, and townhouses rented for a period of less than fourteen (14) nights and shall not include: 1. Any legally operating commercial hotel/motel business or bed and breakfast establishment operating exclusively and catering to transient clientele; that is, customers who customarily reside at these establishments for short durations for the purpose of vacationing, travel, business, recreational activities, conventions, emergencies and other activities that are customary to a commercial hotel/motel business. 2. A dwelling unit located on Fishers Island, due to the unique characteristics of the Island, including the lack of formal lodging for visitors. The presence of the following shall create a presumption that a dwelling unit is being used as a transient rental property: 1. The dwelling unit is offered for lease on a short-term rental website, including Airbnb, Home Away, VRBO and the like; or 2. The dwelling unit is offered for lease in any medium for a period of less than fourteen (14) nights. The foregoing presumption may be rebutted by evidence presented to the Code Enforcement Officer for the Town of Southold that the dwelling unit is not a transient rental property. §280-111. Prohibited uses in all districts. A. Any use which is noxious, offensive or objectionable by reason of the emission of smoke, dust, gas, odor or other form of air pollution or by reason of the deposit, discharge or dispersal of liquid or solid wastes in any form in such manner or amount as to cause permanent damage to the soil and streams or to adversely affect the surrounding area or by reason of the creation of noise, vibration, electromagnetic or other disturbance or by reason of illumination by artificial light or light reflection beyond the limits of the lot on or from which such light or light reflection emanates; or which involves any dangerous fire, explosive, radioactive or other hazard; or which causes injury, annoyance or disturbance to any of the surrounding properties or to their owners and occupants; and any other process or use which is unwholesome and noisome and may be dangerous or prejudicial to health, safety or general welfare, except where such activity is licensed or regulated by other governmental agencies. B. Artificial lighting facilities of any kind which create glare beyond lot lines. C. Uses involving primary production of the following products from raw materials: charcoal and fuel briquettes; chemicals; aniline dyes; carbide; caustic soda; cellulose; chlorine; carbon black and bone black; creosote; hydrogen and oxygen; industrial Amendments to Ch. 280, Transient Rental Properties page 3 Public Hearing August 11, 2015 alcohol; nitrates of an explosive nature; potash; plastic materials and synthetic resins; pyroxylin; rayon yarn; hydrochloric, nitric, phosphoric, picric and sulfuric acids; coal, coke and tar products, including gas manufacturing; explosives; gelatin, glue and size (animal); linoleum and oil cloth; matches; paint, varnishes and turpentine; rubber (natural or synthetic); soaps, including fat rendering; starch. D. The following processes: (1) Nitrating of cotton or of other materials. (2) Milling or processing of flour. (3) Magnesium foundry. (4) Reduction, refining, smelting and alloying metal or metal ores. (5) Refining secondary aluminum. (6) Refining petroleum products, such as gasolines, kerosene, naphtha and lubricating oil. (7) Distillation of wood or bones. (8) Reduction and processing of wood pulp and fiber, including paper mill operations. E. Operations involving stockyards, slaughterhouses and slag piles. F. Storage of explosives. G. Quarries. H. Storage of petroleum products. Notwithstanding any other provisions of this chapter, storage facilities with a total combined capacity of more than 20,000 gallons, including all tanks, pipelines, buildings, structures and accessory equipment designed, used or intended to be used for the storage of gasoline, fuel oil, kerosene, asphalt or other petroleum products, shall not be located within 1,000 feet of tidal waters or tidal wetlands. I. Encumbrances to public roads. (1) No person shall intentionally discharge or cause to be discharged any water of any kind onto a public highway, roadway, right-of-way or sidewalk causing a public nuisance, hazardous condition, or resulting in flooding or pooling in or around the public area, including neighboring properties. (2) No person shall place or cause to be placed obstructions of any kind, except the lawful parking of registered vehicles, upon a public highway, roadway, right-of- way or sidewalk that unreasonably interferes with the public's use of the public highway, roadway, right-of-way or sidewalk. J. Transient Rental Properties. §280-155. Penalties for offenses. A. For each offense against any of the provisions of this chapter or any regulations made pursuant thereto or for failure to comply with a written notice or order of any Building Inspector within the time fixed for compliance therewith,the owner, occupant, builder, architect, contractor, or their agents, or any other person who commits, takes part or assists in the commission of any such offense or any person, including an owner, contractor, agent or other person who fails to comply with a written order or notice of any Building Inspector or Zoning Inspector shall, upon a first conviction thereof, be guilty of a violation, punishable by a fine not exceeding $5,000 or by imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur shall Amendments to Ch. 280, Transient Rental Properties page 4 Public Hearing August 11, 2015 constitute a separate, additional offense. For a second and subsequent conviction within 18 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding $10,000 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment. B. Notwithstanding the foregoing, any violation of§§280-13A(6), 280-13B(13), 280-13D, and 280-111(j) are hereby declared to be offenses punishable by a fine not less than $1,500 nor more than $8,000 or imprisonment for a period not to exceed six months, or both, for a conviction of a first offense; for convictions of a second or subsequent offense within 18 months, a fine not less than $3,000 nor more than$15,000 or imprisonment not to exceed a period of six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers in general, violations of this chapter shall be deemed misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors shall apply. Each day's continued violations shall constitute a separate additional violation. Additionally, in lieu of imposing the fine authorized in this section, in accordance with Penal Law §80.05(5),the court may sentence the defendant(s)to pay an amount, fixed by the court, not exceeding double the amount of the rent collected over the term of the occupancy. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid,the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect sixty (60) days after its filing with the Secretary of State as provided by law. I do have a memorandum from the LWRP coordinator stating that the proposed local law that amends chapter 280 adding the definition of transient rental properties and regulations will not adversely affect the environment. I have a memorandum here from the Planning Board, the Planning Board states that it supports the legislation based on the following: The minimum rental term limit of fourteen nights will further protect the quality of life of residents of adjacent properties by eliminating high turn-over of occupants of rental properties. The protection of quality of life of residents is a town goal. It is our understanding that current town code sections will address adverse impacts, noise and parking or violations (over-occupancy, no certificate of occupancy) on a case by case basis as problems arise. I have here a letter from the Suffolk County Department of Economic Development and Planning, the chief planner Andrew Freleng, Pursuant to the requirements of Sections A 14-14 to A 14-25 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 as there is no apparent significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. I do have here a legal notice, copies of the legal notice for this hearing in the Suffolk Times, July 30, 2015. I have a sworn affidavit that this local law hearing was noticed in the Town Clerks office and on the bulletin board. I have here roughly 80 letters and email correspondence which have been made part of the record for this hearing. That's it. Amendments to Ch. 280, Transient Rental Properties page 5 Public Hearing August 11, 2015 SUPERVISOR RUSSELL: Okay. Just a couple of ground rules, please, first of all, the town is certainly not going to put anybody on a time limit, you are welcome to speak as long as you like but we ask you to please be succinct. There are so many people here and so many views that we really need to listen to. Also, please refrain from applause, from heckling, those serve no public purpose and we just can't have that tonight. It would certainly drag out the festivities a little longer, so with that being said, I am going to ask whoever would like to go first to address this local law? COUNCILWOMAN DOHERTY: Scott, may I just say something? SUPERVISOR RUSSELL: Sure. COUNCILWOMAN DOHERTY: I just want to clarify that with all of the talk that we have been going over the past six months, this public hearing is to define transient rentals, it is not to establish a rental law. This is just for defining transient rentals. A lot of people are confusing it and think we are making up a local law. SUPERVISOR RUSSELL: I am going to go to you first and you can go right after him. MIKE AND GRACE GRIFFIN: Good evening, Mike and Grace Griffin, East Marion. Just as Uber has radically changed the taxi industry in many cities in the United States and around the world, Airbnb is transforming the house rental business here and around the world. Once quiet residential neighborhoods in the Town of Southold are being transformed into commercial operations lining the pockets of absentee landlords who would have us change from quiet neighborhoods into resort playgrounds. The reason we moved to the north fork was because of the family oriented, rural character and quiet beauty of the area. We did not move to an ongoing party scene for visitors. It is absolutely essential that Southold Town retain the 14 day rental requirement. This is a vital first step in protecting the residents of the area. We need the town's help to control the rental economic incentives that threaten to blight our communities. Without the town's protection, community residents will be submerged in the growing unregulated Airbnb tsunami. On my little street in East Marion, over 50 percent of the homes are currently rented. It is true that rentals have been part of Southold for many years and that many families, including mine, have enjoyed the benefit of renting here. But make no mistake, a paradigm shift in short term rentals is occurring. The town must act to stay ahead of the short term rental tidal wave and enforce violations for the 14 day minimum. We commend you for realizing the original seven day proposal would offer little, if any, relief. The 14 day proposal is an essential, long overdue first step in offering relief to our residential neighborhoods. Hopefully, you will vote to adopt this tonight and follow up with a more comprehensive plan that includes permits, fines and a limited number of rentals in one location or even longer periods of rentals in residentially zoned areas. Thank you. - JEANNE COOPER: My name is Jeanne Cooper, I live at 414 Clark Street in Greenport. My son and his family are raising a three year old and a five month old in Southold, as is my niece raising a two year old and four month old in Greenport outside the village. I am a very busy Mimi. I first before I comment on the amendment, I really would require a clarification as to the definition that you have for transient rental. As I read the, let me just tell you a little bit about Amendments to Ch. 280, Transient Rental Properties page 6 Public Hearing August 11, 2015 who I am. I am a retired assistant vice president of Bank of New York mortgage division, so I kind of go to the specifics of the regulations and law regarding property. In the proposed amendment it describes the property as being defined as non-owner occupied properties. In the greater genre of legalities when it comes to home ownership, owner-occupied is a very specific term. It would disqualify second homes who actually tend to be very big problem with this short term rental and also primary homeowners that would perhaps take vacation and rent the homes out in the same area for weekends at a time. So I really feel, since this could be a very large legal loophole, that somebody when you go to enforce the law, could jump through. I really think that the attorney should take a look at that and remove the designation of non-owner occupied. It is very, very important. This law will have no teeth. Most of the properties that we are talking about are second homes. SUPERVISOR RUSSELL: Okay. MS. COOPER: The other thing is, I would like to commend this Board taking steps to regulate and to protect the community from what I like to term, transient hoteleries and kind of fake B&B's that are coming into our community. I fully support the law but I don't think that it goes far enough, I think it is more appropriate that instead of the 14 days that it be extended to 30 days. this is more in keeping with our traditional seasonal rentals that we have had in perpetuity out here for when people perhaps are introduced their families to the communities. I am a little late to the party, I do understand that but I really would like this Board, since we have tabled the vote on it perhaps to seriously take a look at a 30 day regulation on that particular aspect of the law. Okay. So that's number one. Number two is a lot has been said that I read from the previous meeting that I unfortunately was not able to attend in February and July of the economic boost that this type of rental gives to the community. As I see the only economic boost that is gotten is from the short term rental homeowners. It concerns me just having gone through the horrors of the recession and properties that become distressed because homeowners purchased them thinking that they are going to be able to subsidize their home payments if they have mortgages or their taxes with perhaps rentals, whereas in a community now or environment where rentals are perhaps very good, they can rely on that income but going forward, may not be able to rely on that income. So the fact that people are interested in renting their homes for days at a time indicates to me that they may not be financially capable of maintaining these properties. If I had a home, which I do, I wouldn't want strangers in my home for days at a time. if there are people that are looking to perhaps keep these as investments and use the transient rental income as a way to help support their ownership of these homes, I don't want it done on the backs of our community. If they can't afford to keep the house, they need to sell it. Put it back into the housing market pool, such that residents who perhaps want to raise their families here, want to live full time or true second homeowners have an opportunity to purchase without the investor pressure that drives up artificially the purchase price of homes in our community. And I feel absolutely strongly about that. On Fishers Island, you just changed a zoning for affordable housing. I have been involved in affordable housing for over 20 years, I helped with Southold's affordable housing with Mr. McMahon for many, many years. Listen, we don't need to be subsidizing home ownership of people who can't perhaps afford these homes. And then the last thing that I would like to say is, if some of these homes and I am serious about this 30 days, I hope you do reconsider that, some of these homes that were purchased with mortgages and I know that some of them have been represented by attorney but I would like to call attention to Amendments to Ch. 280, Transient Rental Properties page 7 Public Hearing August 11, 2015 the fact that FHA, Fannie May, VA and Freddie Mac all have occupancy riders that are part of the mortgage note that the borrower signs at closing and in that for both true second homes and for home ownership, if it requires that a home be occupied within 60 days of closing, that the home not be rented for a year and that if the home is rented that the mortgage lender be notified in writing that the home is being rented. Now the riders will tell you that it is not likely that a mortgage lender would take any action against a homeowner who is in good faith renting their home out, however, I will say that in given the economics of homeownership and the way we have come through the recession, they may very well be interested that the home is being used as a de facto B&B or a transient hotel. Mortgage companies are making spot checks, I am not making this up, this is true and anyone that actually has a problem, you first line of defense is our Board, who has taken great steps to regulate this but if a property has a mortgage, it is recorded in the county and the name and address of that mortgage holder is available to the public. This is a very serious quality of life issue. I am absolutely surprised that the Planning Board designates this as having no environmental impact. We often think of environmental impact as just air/water quality but environmental impact also encompasses quality of life impact. This practice which is currently not legal, is rampant and I applaud this board and I would ask you to please reconsider 30 days. SUPERVISOR RUSSELL: Just to clarify, actually the Planning Board didn't clarify the use of these short term rentals as deleterious or anything to the environment, it just spoke to the issue of the proposed code itself. Action on the code is not going damage the environment, otherwise it would require a full environmental impact statement. MS. COOPER: Okay, I was wrong on one point. SUPERVISOR RUSSELL: It's SEQRA, it's technical bureaucratic SEQRA. MS. COOPER: I didn't know about that coming in, so I was a little surprised. Thank you. ABIGAIL FIELD: Hi. Before I get into my formal testimony, just a couple of quick observations. This seems to be perceived as an internet phenomenon. The world is now different before Airbnb. It was fine to do week long family rentals before but now in the world of Airbnb, it is no longer. When I was on my way here, I stopped in at Michaelangelo's to have a salad, I started talking to the guy sitting next to me. He is not here tonight, not trying to testify, he said, well you know, when I was in East Marion growing up there was a new family in every single house every week. We would p lay with the kids on the beach and then they would all go home and the next week there would be other kids. So I said, are you emotionally scarred? And he said no. I said, were you traumatized? He said, no I moved back out here as fast as I could, I loved it here. Right? And again in this idea that this is a new phenomenon in East Marion, there's constant turnover. An East Marion homeowner, because she knew where I stand on this issue wrote me an unsolicited email in which she was outraged that this Board seemed to make these findings that the quality of life is now being destroyed in this rental world and she pointed out to me that this new biography called `In Her Own Name' which is a biography about a woman in East Marion in the 1800's, she sent me five pages and I am going to just read a couple of sentences from a page here and there... Amendments to Ch. 280, Transient Rental Properties page 8 Public Hearing August 11, 2015 UNIDENTIFIED: Inaudible. MS. FIELD: Oh, I am sorry. My name is Abigail Field, I represent, I am a resident of Cutchogue, I am raising my family here. T am an attorney and I represent about two dozen homeowners who engage in short term rental. So I have a particular position on this and I paid to have that position but I would not take these clients if I did not think it was a sound, sensible... SUPERVISOR RUSSELL: Can you just please address the Board? MS. FIELD: I am sorry. I have been so attacked in the press as a person for sale... SUPERVISOR RUSSELL: I understand. MS. FIELD: I felt a little defensive. There are lawyers who represent people they don't agree with. I don't happen to be one of them. In any case, so here is a sentence; `there has also been an outburst of ill feeling (the letter is full of local gossip), Orient was overrun this summer with visitors from New York and the Village's famous commitment to temperance was being sorely tried' because apparently the New Yorkers like to drink. And then the fashion for summer rustication in the last the quarter of century had swept Long Island. Orient is full of boarders who appear to enjoy themselves and all the pleasures to be obtained in a seaport town. Sail boats and livery stables are doing a thriving business, Southold's Long Island Traveler reported on July 22, 1880. The overnight steamer from New York and the railroad from New York to Greenport made the Village easily accessible. And by the late 1870's, the Traveler was reporting that the few hotels in Orient were fully booked and the villagers were eagerly preparing guest rooms to catch the overflow. As usual, what was seen as a potential windfall by some members of the community was experienced with horror by others. Many city people who had come as tourists now wanted to become summer residents and began looking for property. You know, it goes on and it points out that Orient is a thriving little village on the east end of Long Island with having a few less than 800 inhabitants but it supports three milkmen. Right, you have got three local, first class local markets and dry goods stores, you know, where is another village that can make a better showing in this time? And it was all because of all of this tourism coming in. You know, it goes on. The point is, what's old is new. This has been an issue from time immemorial. It is not an Airbnb issue. This is an issue of people coming in to enjoy this precious resource but because they are not here all the time are not necessarily welcome by everybody. That's fine but let's not get caught up in the idea that this is a new phenomenon, that is a new tsunami, that is newly changing. So that said, a lot of people will talk about the economics and other things. I am going to be very focused on one issue in my testimony, which is enforcement. Because this proposal is an attempt to stop vacation rentals, that's what the last lady was talking about. Let's not even have 14 day rentals, let's shut this down. Okay. so, maybe that is economically a really bad idea, as some people will talk about but the real question is, will this law stop them? Are you actually going to achieve anything by passing this particular bill? And I am going to suggest to you that no, you are not. And this is political theatre and that is not worthy of this Board and here's why. Take a look at BRBO for Riverhead. Riverhead is a 30 night rental right now,just like the lady wanted. If you put in Aquebogue, Jamesport, South Jamesport and you put in no dates because if you put in dates, it will take out the ones that are booked. No dates, there are Amendments to Ch. 280, Transient Rental Properties page 9 Public Hearing August 11, 2015 three dozen rental properties that are available that are less than one week. And that's in the face of a 30 night minimum. Southampton has a two week minimum. Y ou do the same search, you get almost 300 properties, okay? Now, my clients hired me because they want to be law abiding and they want a law to make sense, so we are trying hard to help affect law that works and that can be obeyed. But if you pass something like this, you will lose people like my clients. The nuisance houses, the one who don't care, the ones who might actually be at risk of creating Montauk madness that everybody worries about, they will find a way, they will just keep doing it. So that's just an empirical observation. There's more problems besides. So not to be offensive, I am not trying to be but Southold doesn't have a good track record of code enforcement to begin with, okay? The noise ordinance hasn't been particularly enforced because if it was, we wouldn't have nuisance house complaints, okay? We also have, if you go on the Airbnb sites and you look not for vacation rentals but you look for the ones where people are in the house, there's a bunch of them. Those are illegal B&B's. You are not enforcing codes you have on the books. So even if this statute as drafted and I will get into the actual language as we go, even if it was enforceable easily, the town doesn't have a record that should suggest to anyone in this room that this is going to shut down short-term rentals, okay? And that the only people that will leave it are the most responsible community oriented people to begin with. Okay. Now, I have to say I am not going to assign quoting to anyone of you in particular but in news reports there has language about well, enforcement will be complaint driven. We will do complaint driven enforcement. If that is true, that alone is a concession this doesn't stop short- term rentals. Because if you are doing a complaint driven approach what you are saying to everybody else is, you are illegal but keep your head down. Don't tick off your neighbors, don't tick off the code enforcement officer, don't tick off anybody powerful in town and you can keep doing your illegal rental because we will only come after you if there is a complaint. So again, not going to shut it down. Maybe you are not going to do complaint driven, maybe you are going to be pro-active enforcement, so let's not talk about how you might do pro-active enforcement of this law. Okay? There are two presumptions in there that are supposed to make it easy for you to do pro-active enforcement. One of them says, if the owner is advertising on any of the rental websites like Airbnb, BRBO or whatever, we are going to assume you are guilty and we are going to get in touch with you and you can prove you are innocent. Okay? it doesn't have any more information except you are on the website. Well, the Supreme Court many years ago decided that commercial speech is protected by the First Amendment and that truthful, non- deceptive advertising cannot be infringed unless it furthers a substantial state interest and does it without restricting any more speed than is necessary. The way that presumption reads, if I advertise a 14 night minimum or a 30 night minimum, I am still presumptively illegal. That is not constitutional, so that paragraph goes out. That's not even, that's not tough. The next presumption, he says anywhere where you are advertising for 14 days or less, doesn't matter. Could be internet or anywhere else, we assume you are guilty. Okay fine, but that also doesn't get you very far because if I am advertising an illegal product, you might think maybe I am doing something illegal and you can get in touch with me, okay, fine and then I have a chance to show you I am not doing anything illegal. Fine. What did that gain you? That doesn't really add a whole lot, right, to your powers already. It doesn't eliminate y our need to prove that I rented illegally and just in case anybody wonders why I advertise for say a week but only be willing to sign a two week rental? Well, it turns out when you are on these sites, if you search for a two week rental, the only people who will find your two week rental are searching for two week rentals. Right? Which is almost nobody. So you have no access to a potential market if you put Amendments to Ch. 280, Transient Rental Properties page 10 Public Hearing August 11, 2015 in there that it's a two week minimum. But if you put a one week and they reach you, reach out to you and say I would like to rent your place, you say, here's the deal, I can't book you for one week but for the same price, you can have it for two. Are you interested? And you can have this conversation, it's called upselling. Now it may not always work but it at least allows you to find customers. So it allows you to attempt to do the transaction. So it is possible, in fact, that people might advertise for less and in fact be able to prove they have done nothing illegal. So that's why it is good that that's a rebuttable presumption and it is constitutional but I don't know that it gets you anything. Okay, so then let's think for a second and say, okay, whether it is complaint driven or not, you actually find somebody, you think this person, my neighbor here, I have been watching carefully and I think there has been a different family this week and a different family that week. That house must be violating the law. I call up the code enforcement officer. I am irate. I want you to shut down that illegal rental. And you get in touch with the owner and the owner says, here, here's my lease. It's for two weeks. But wait the turnover happened. But I rented to Tommy Tourist, maybe Tommy Tourist sublet it without my knowledge. I don't know. I have a two week lease, I am not supposed to be on top of their quiet enjoyment when they get my lease. In fact, this happens all the time. People in Southampton will do rentals and then have it sublet out from under them. The owner loses control when you require a minimum that is not where the market is. You end up with this rental after market and it is actually more disturbing to your neighbors because the owner who cares about their property cannot screen. So you might end up in a situation where you think you have got them dead to rights because you think you have got the turnover and it's still legal. But then let's get back even further into this enforcement problem. You want to do proactive enforcement, you want to get in touch with everybody and you want to check. If you go on BRBO or Airbnb and you look at a listing, it does not tell you necessarily the name of the owner, it does not tell you the address. It gives you a map with a bubble around it. The only way you get real contact information and real address information is to actually book it. Is the town going to front the code enforcement officer a credit card, to start booking rentals to get the information? Are you going to take the photographs and hope that they are current and you are going to take an exterior shot and you are going to drive around all the neighborhoods and try to figure out what house is what and then go to your tax maps and get the information? Complaint driven, that's not a problem because complaint driven at least the neighbor is saying that house is there. Right? But then you still run into that situation that it looks like it's an illegal rental but it was a legitimate two week lease. All I am trying to say to you, for starters, this is not an unusual problem, this is not an interne problem. This is hundreds of years between visitors and locals. And then this approach, this minimum night approach to dealing with it does not create something that is enforceable or that is effective. There is another way, you started with it back in the fall which is a rental registry and permit approach which would allow you to make things transparent, it would allow you to require 24/7 contact, it would allow you to impose quality of life restrictions, it would allow you to collect a fee and fund enforcement. There are other ways to do this that could be effective. Does your ad have a registration number in it? No, barn, we got you. We don't have to look at your lease. Okay? There are better ways. We should be having a different conversation. So that is my testimony. I have a little bit from a couple of other people who cannot be here tonight but who own property in the Town of Southold and they are short. One of them is a woman named Katherine Bicknell from Southold, she says "My name is Katharine Bicknell and I am a homeowner in the hamlet of Southold. I am testifying today to respectfully request the Board not enact restrictions against short term rentals. Purchasing a home in Southold was a dream Amendments to Ch. 280, Transient Rental Properties page 11 Public Hearing August 11, 2015 come true for me and I cherish my time in my home and in Southold. I love waking up in my home, going for walks on the Sound, visiting farmstands and frequenting local stores and restaurants. I also find incredible joy in sharing my home in the area with my friends and family and showing them the beauty that Southold and the north fork have to offer. While I treasure my home, I also occasionally rent it to cover the cost of maintaining and upgrading the property which benefits local businesses. Over the past year, I have used the rental income to help in installing a new roof, new drywells and improving the landscape, all of which benefitted the local businesses (because she used local businesses). This year I intend to use the rental income to refinish the exterior of the house and deck as well as other repairs. At some time in the future, I hope not to need rental income to help offset these costs but it's not the case currently. As my home is very valuable to me, I am very careful who I rent my home to. I research the potential renters, I ask them about their plans for the visit and I specifically communicate to each renter that the house could not accommodate a large group or a party but that it is a wonderful place for a family to spend time together. I limit the number of guests and I require a significant damage deposit. To date I have not had any problems with any renters. While the rental income helps me fund repairs and improvements to my home, my renters also spend money at local stores, restaurants and vineyards. While I prefer to rent my home for a minimum of one week, some people only have the time to spend the weekend and the revenue that that rental provides both to me and to local establishments is beneficial and valuable to all of us in Southold. I care deeply about my home and my community and I make every,effort to be a good resident and a good neighbor. On a more macro level, I am concerned that limiting short term rentals will have a significant negative impact on the local economy, many of our local businesses are dependent on seasonal visitors, I have friends who have wanted to host weekend events in the area but have struggled to find lodging for guests due to limited supply. Restricting short term rentals will further reduce the supply of available lodging, leaving potential guests no choice but to go elsewhere and causing local businesses to lose the potential revenue. Finally, as each short term rental generates hotel tax for Suffolk County, enacting restrictions on short term rentals will reduce the potential hotel tax for Suffolk County. Thank you for your attention and for your service to Southold and again, I respectfully request the Board not enact restrictions." UNIDENTIFIED: Inaudible comments from audience. SUPERVISOR RUSSELL: This is a public hearing. UNIDENTIFIED: Inaudible. SUPERVISOR RUSSELL: That's her right and Mike, that's our decision to make. UNIDENTIFIED: Inaudible. SUPERVISOR RUSSELL: That's our decision to make and we are accepting it. MS. FIELD: I am sorry, I have one more, I won't read it. There's a lot of people here, I will just give you copies of the last homeowner who asked me to give you further information about their situation. Amendments to Ch. 280, Transient Rental Properties page 12 Public Hearing August 11, 2015 SUPERVISOR RUSSELL: Okay, you are going to go next. Just to clarify, the one thing, because I need to clarify this with regard to enforcement. There was no plan from the beginning to focus on complaint driven enforcement, the discussion at the work session, code committee meeting was the Assistant Town Attorney who helped draft this would say, well, in the very beginning we can focus on the complaints because those are the ones that are very apparent to us. however, there is going to be a systematic process by which we are going to enforce this code. No code that you pass is easily enforceable. There is no doubt it is going to be challenging,just like everything else. But there was never an effort to say we are only going to pass this and then wait for complaints to come in. That wasn't the case. Maryann? MARYANN FLEISCHMANN: Thank you, Scott. My name is Maryann Fleischmann, I live in Cutchogue. And I am a rare bird here tonight, I think, because I am a local. I was born and raised here and there's a lot of people that were coming in after the fact and all I can say is, where were you 40 years ago when I was saying the changes here are incredible? But you know what? I process through it and I enjoy where I live and I welcome all the changes now and I didn't used to be there, okay. I bought my current house 16 years ago and when I bought that house it was a hefty mortgage but everybody buys a house believing their income is going to increase so that it is easier by the end of it. I have 13 months left on my mortgage. Woohoo. The most difficult 13 months coming because I am also an Airbnb hostess. And if it weren't for Airbnb, I would struggle. And no, I will not sell because I can't afford it the way you say flagrantly to do. SUPERVISOR RUSSELL: Just talk to the Board, please. MS. FLEISCHMANN: I will. Well, I resent that. I really resent, I resent living in my hometown, having a house that I enjoy, living in an area that I like, okay, and then being told, if you can't afford it, move. Give me a break. I was here with the Indians, okay? Okay. Manhattan has come to the north fork and it has been arriving about 5 years in the making now. and what do I mean by Manhattan has been here? Manhattan prices. Restaurants open up now, they are not what the local prices used to be. They are Manhattan prices. Right? Go in the grocery store. Its Manhattan prices. I love Manhattan, I go there, I have fun, I come home but I am not living in a place that is like Manhattan. Okay? And I rely on Airbnb. And I have wonderful neighbors and the people that I have had, I have had bookings every single weekend since June. This weekend coming up is the first that I will have a break and that's because the person who inquired and made a reservation wanted me to cut my price in half and I am sorry, I do this because I need the money, okay? So I'll have a break this weekend, maybe I will go away and go to Airbnb somewhere else. Last hearing, I was here and I spoke and the hearing at that point was for the seven days. Well, when I heard it was up to 14, I almost fell off my seat. So I wanted to come here tonight to see if I could get an understanding because anybody that knows me knows that I am a social worker. I have impeccable assessment skills. My assessment of that last hearing was that you all heard the people because I also left early but I went home and I listened to it on television and it was a long night, I don't have to tell you guys, right? What I assessed from that is that a lot of the people, more than the majority, where in favor of don't do a time frame but put the onus on the landlords, just like Abigail was talking about. Put the onus on them. We are the ones that are running the show, so ifwe screw up then do something about it. Complain to us, fine us, whatever. Okay, I just lost my train of thought. Amendments to Ch. 280, Transient Rental Properties page 13 Public Hearing August 11, 2015 The last hearing, my assessment skills. My assessment was that pretty much you had decided that the seven day was going to be workable, that that would be something that would be implemented. When I heard the 14, like I said, I almost fell off my chair. I don't know where the 14 came from because the majority of people in that audience were saying don't go that route, there was a small population of people that lived on a certain road in East Marion that were very vocal, so then I started thinking, mmhhm, assessing my capabilities for assessment, 99.9 percent of the time I am right on target and then go therapeutically, right for what needs to be done. There are four times in my life, this one is the fourth that I messed up the assessment. And you know the commonality in all four of them? It's politics. And I don't know what your lobbying efforts are but from my perspective there is a lobby that is more than the people that are speaking. So, I ask you, a government for the people by the people and whatever the rest of it is that I don't recall right now, okay, please hear people like me. Local people can't afford to live here anymore because we have been Manhattanized. I love it but I can't afford it because my income has not met and matched the income of the people that have moved in here in the last 10- 15 years and are now considering themselves local. Well, you know what? As a local, nobody is a local unless you are really a local and we know that to be true. And I don't say that snottily, that's just how it is when you are a north fork local. So I am asking you, to please listen to the people and vote, changes Jill, I am not sure what you meant by this hearing is just narrow focused. Could you clarify that? COUNCILWOMAN DOHERTY: I didn't say those words but I am just.... MS. FLEISCHMANN: I paraphrased. COUNCILWOMAN DOHERTY: Well, it's just, it's not a proposal for a rental code, it's a proposal to define transient rentals. This is not, we already have laws on the books and we are just clarifying what transient rental is and that's what we are talking about here tonight, is defining that. MS. FLEISCHMANN: Okay. COUNCILWOMAN DOHERTY: And the way we choose to define it, the route that we chose is to put a day on it and so that is why we are here and we are vacillating back and forth on the day. So it is defining transient rental. MS. FLEISCHMANN: Okay, well, good luck with that. I have met new people every single weekend since the end of May. Every weekend it's been a new couple or a foursome. Okay. Every one of them has been kind, courteous, respectful of my property, doesn't make a big hoopla outside. The neighbors don't even know half the time that they are not just my friends that are visiting because I have a lot of friends that visit, too. So I don't think that I am the oddball. I really don't think that I am the oddball, alright? I think that you are dealing with maybe a handful of horrible situations where Airbnb happened to be the people that connected the guest and the host together. I don't know. If it is more political than that, I, please, I am hoping that the local government still is for the people because I have already given up on the federal. State, I am still possibly open to but county, alright, so I do hope that you listen to the people that are saying.... Amendments to Ch. 280, Transient Rental Properties page 14 Public Hearing August 11, 2015 SUPERVISOR RUSSELL: Thank you,thank you. MS. FLEISCHMANN: We'll take responsibility for our actions. We have no problem with that at all. SUPERVISOR RUSSELL: Thank you. MS. FLEISCHMANN: So, I am going to leave and I will watch you on TV tomorrow night. Thank you. SUPERVISOR RUSSELL: Okay. First let me just say publicly for the record, I actually, I have been all over the place on this issue. Seven nights, fourteen nights but I got involved in dialogue online, I have no place debating issues online and I actually want to apologize to you personally because I called you out as part of that dialogue back and forth: That was inappropriate of me. The fact is, I get to sit here at the dais with a microphone, I am already at a distinct advantage and debating these issues on media websites, that's no place for me. My conversation and my opinion should be stated here and I apologize for that. MARILYN MARKS: My name is Marilyn Marks and I live in Southold. As some of you may be aware, a full page ad was run in the Suffolk Times last week by the group for homeowners for smart vacation rental regulation, of which I am a member. The ad was aimed at alerting anyone living on the north fork and whose livelihood depends on tourism, that the proposed 14 day minimum (inaudible) legislation would be detrimental to our economy and therefore adversely affect everyone who lives and especially who works here. Interestingly,the Suffolk Times chose to run.an article facing our ad entitled "Report shows tourism is growing in Suffolk County" and in parentheses, like it or not. And the article started with this sentence, to the great displeasure of anti-tourism curmudgeons, it appears Suffolk County is becoming even more popular as a vacation destination. And it went on to talk about how important tourism is to the whole of Long Island but especially the east end, and the east end is a driver of tourism on the east end of Long Island. It also quoted the $5.6 billion was earned through tourism last year but listening to some of the comments heard in Town Hall during the last meeting on this subject, including some of the Board members and reading the anti-visitor comments in the Suffolk Times over the last few . weeks telling former visitors that they should and I am quoting now from comments that were in the Suffolk Times, telling former visitors that they should go to the south fork and who needs them and we don't want strangers on our streets, I can see how the editor who wrote the Times article that a lot of people prefer the tourists to stay home. Meanwhile, Southold Town, north fork villages, the Long Island Wine Council, the East End Arts Council are some of the organizations that spend tens of thousands of dollars each year to attract tourists because they know our economy depends on them, so it is the responsible thing to do. They apply for and win grants to promote our area'through the New York State Department of Economic Development and for share of the occupancy tax charged by Bed and.Breakfasts and hotels. Revenue which is then returned for distribution by the Long Island Convention of Visitors Bureau and others for tourism promotion. All this effort is made to attract visitors to our region. Meanwhile, we only have 600 licensed or commercial lodging units on the north fork. 600. That's 1200 people can be accommodated on the north fork. And yet a festival, like the Tall Ships for example which Amendments to Ch. 280, Transient Rental Properties page 15 Public Hearing August 11, 2015 was financed and promoted by the Village of Greenport, encouraged by Southold Town and attracted over 20,000 visitors on a weekend. A weekend worth of destination weddings at the vineyards will bring many thousands of guests, all needing places to stay but where are they to go? I will tell you, some canny big time developers of chain hotels became aware of this unmet need and during the last half decade with the enthusiastic blessing of the Riverhead Town Council, built more than five large hotels in Riverhead. I am familiar with how they promote themselves. These hotels attract visitors by promoting day trips by taxis or limos to our wine country, farms, villages or special events. And I would bet that the Town of Riverhead would be happy to approve another half dozen such hotels or resort type developments. My Bed and Breakfast, yes, I own a Bed and Breakfast in Southold and other north fork lodging establishments have lost far more due to competition from these large Riverhead hotels, like event and wedding guest business for instance, which used to fill our rooms in the off season and weekends, than to vacation rental. And other businesses stand to lose too. Day trippers do not patronize our restaurants at night or shop at our fish, farm and food markets or other stores. It is totally disingenuous as I have read in comments in the press for anyone to suggest that a day tripper spends the same kind of money during their brief visit as an overnight visitor. Short term vacation rentals have emerged naturally and organically, filling at least part of the demand for a place to stay on the north fork and keeping at least some traffic off the roads. The people who stay in a short term rental are overwhelmingly middle class families with children and pets. Aren't these the kind of visitors we would most like to welcome to our community? Speaking of welcoming visitors in this community, a home owner in Orient asked me to rent t heir house last year. It was last minute, their parents were ill and they were going to be spending the summer traveling to visit them. There were lots of related expenses and as it was already late in the season, the only rentals I could be sure of getting them were weekly. Waiting to hope for a couple of two week rentals would have probably ended in failure. But on a weekly basis I booked it up pretty fast for them. As usual, all the rentals were families. One of the last to visit told me that a neighbor had set their dog on them and their children when they were walking to the beach and used to let it loose whenever he saw them, terrifying their children. If I had known, I would have called the police but it was too late to do anything once I found out and as the homeowners no longer needed to rent it, the issue was moot. But this is just one example of how renting can be crucial to a homeowner in financial need and how out of control angry people can be. Some of the language I have heard from local residents and Town Board members seems to just stoke this fire. And it is not helpful. Another issue is enforcement. Why create yet another set of rules when the ones we already have are not enforced? For example, a neighbor of mine really loves fireworks. This is not a renter but an owner and started setting them off about two weeks before July 4th and has been doing so just about every weekend since. Last Sunday night, at 11:15 PM, big bangs and rockets filled the air. The dog was frightened, my chickens, too and my B&B guests wanted to know what was going on. So I called the police and asked what are the rules regarding private citizens setting off fireworks on their property. I was told this is against the law in New York State and would I like them to investigate. Nothing could be much more obvious than fireworks and loud noises issuing every weekend from someone's garden. But this neighbor has not been stopped from creating his own Grucci display all summer. But I digress, back to turning north fork tourism into Riverhead daytrippers, which is a point no one has made and which I think is a serious threat, our roads are already crowded during peak season and weekends in the fall and if we further restrict accommodations now, available in private homes, we are asking for more traffic on our roads and lost revenue for our Amendments to Ch. 280, Transient Rental Properties page 16 Public Hearing August 11, 2015 businesses. So far from agreeing that we need to restrict short term vacation rentals, I think we should apply the same kind of logic that this bill applies to Fishers Island, which is to recognize that we do not have enough commercial rental accommodations on the north fork, do not have the space or the will to build more hotels or resorts and rather than vilifying vacation home rentals, recognize their value if properly regulated. When I first spoke on this topic in the last two meetings, I asked the town before making a decision, study all sides of the issue including economic impact. The town board worked with the code committee but we also have an economic development committee and they were not asked to consider this bill. I want to know why not? Now I understand that you are just trying to defend short term rentals or itinerant rentals, however, that is a roundabout way of shutting them down, the way you are going about it. So as we seem to be short on facts and long on anecdotes in this debate so far, I would like to see the town uses its resources and staff to gather those facts and make sure the process followed in reaching a final decision is transparent and much better informed than it has been so far. The Town Board has said they don't really know how many short term rentals there are now as opposed to in the past. Could it be possible that the situation has not really changed that much but the rentals are just more visible because of the internet? In the past almost all rentals were managed by real estate agents. But they were not really interested in rentals shorter than one month, as there is not enough profit in that. Now people have the tools to manage on their own but the fact is, nobody knows the real numbers. Most of what I have heard from people who don't want their neighbors to rent out their houses is speculation on what might happen. Imagining catastrophes as speculators move in. But no verifiable facts. Not the kind of reasoning or basis on which responsible legislators should write laws but they should take this opportunity to explain to the population of our town why we spend so much money and energy trying to attract tourists if they are saying at the same time, the majority of residents don't want them here or at least, not the desirable kind. So we should restrict their access because based on what I am hearing from our representatives and as we have no alternative accommodations for visitors or plans to build any, that seems to be the reasoning behind the decision to vote for this restrictive legislation. In short, it seems to me that the proposed law is driven by what people and the Town Board don't want, without reference to or explaining what they do want. This seems pretty typical of politics today but I would hope that our town can do better than that. SUPERVISOR RUSSELL: Thank you. MARY EMERSON: Good evening. My name is Mary Emerson, we have a house in Southold. Eight years ago I married a Southold resident and late in life, we found ourselves with a child and we don't currently live in our house in Southold because we have a special needs child and we need to be closer to work and the care he is able to access. We went to a Southold realtor and listed our house and the Southold realtor brought us no one. We put our house on Craigslist and we rented the house on a yearly basis, to a young Southold resident, 30 year old mother of three who attended Southold schools, grew up here and lived here her whole life. She had the house for three years and we watched the house progressively deteriorate. We watched her park in the yard, we heard our neighbors complain about the noise, we did our best as landlords to address every issue that she had but when she sued us for high electric bills because she let the oil tank run dry and was running space heaters, we took steps to remove her from the home. She sued us, we countersued, she left owing us thousands of dollars and having done thousands of dollars in damage to the house. We repaired the house, it took us about a year to repair the house. And we Amendments to Ch. 280, Transient Rental Properties page 17 Public Hearing August 11, 2015 went to a Southold realtor and listed the house for summer rentals, for a monthly summer rental and the Southold realtor brought up no one. After the house sat vacant the entire summer, we listed with Airbnb in September of 2013 before I was done posting the ad, I got results. I booked that weekend, I booked the next weekend. I booked every weekend through the fall. I booked in January, two days here, three days there. I booked in February. I booked to 100 different people, 100 different parties since I started this in 2013. One hundred different lovely families. People traveling here from Europe who visited family in New York City and then found us on Airbnb. We made more money renting year round from someone else. If we were running a business, we would be out of business but we make enough that we can keep our house, so that when my son's need are addressed, we can move to Southold where we would like to live. We have laws on the books already to deal with the adverse impacts, with parking issues, with noise issues, with over-occupancy. Enforce those laws. We don't make new laws when we have old laws we are not enforcing. I feel the boot of government on the back of my neck when I hear this. This is a private property issue. This is an intrusive government and special interest that are foisting this law on law-abiding citizens. We do one, two and three day rentals over the winter which brings in much needed income to local businesses. Do you really care that I have somebody in my house for two days? For a Sunday to Tuesday visit, when there is nobody on the north fork? I have been out here, it's pretty quiet. It's beautiful and we are getting people who appreciate that beauty. We also loan the house to family and friends with some frequency. My friend Phil just came out of hospice and he spent three or four days here with his family. I don't think you about that either because this is my private property. We bought it, I think we get to do what we want with it as long as it doesn't interfere with the peaceful enjoyment of your home and if it does interfere with the peaceful enjoyment of your home, then there are already laws on the books to protect you. I am not running a business, as I said, if I was running a business, I would be out of business. We are not making enough money. I don't draw a salary. We don't pay the 2 percent Long Island tourism tax that people have talked about, no, we pay a 3 percent surcharge to Airbnb who sends out a photographer and does beautiful shots of the north fork that advertises Southold in a way that the Long Island tourism board doesn't. Airbnb advertises Southold all over the world and people come to us from all over the world. We have guests from Germany, Switzerland, Austria, Great Britain. Right now, though, who we have at the house is a former Southold resident who is here visiting friends and family. She is staying for 8 days but last week we had someone visiting friends and family, a former Cutchogue resident, who stayed for two days. I am hosting your friends, I am hosting your family and you know what? I enjoy it. I really like it. I like meeting the people, I like google stalking them and making sure they are the kind of people that Southold wants. If you go to a hotel, they just have to take you. I don't have to take anybody. I can make sure they are the right kind of people. I am talking 100 of the right kind of people. We hope to move here soon. I have got to get my son nailed down. Airbnb guests also are looking for a unique travel experience. This is a revenue stream that hotels and B&B's don't need. I travel with Airbnb, I go into the city. I don't want to stay in a hotel in the city. I have got a six year old who needs a kitchen and privacy and I need a cup of coffee without having to get dressed and Airbnb can do that. I don't want to be in a B&B. Nobody at a B&B wants my six year old there, frankly. But if I can't find a suitable Airbnb place in the city, I am driving home. I am not going to a hotel. This isn't an alternative to a hotel. An Airbnb place is a completely separate kind of place. Our people come in and they want to live like a local. They don't want to trash your place. They don't want to be tourists. They want your experience for two or three days. And that is what most of my guests are, typically on a given Amendments to Ch. 280, Transient Rental Properties page 18 Public Hearing August 11, 2015 week, I will have three different parties on a given week in the summer, at the height of the season. In the winter, it's one weekend or it's not a weekend, it's Tuesday through Thursday. Tuesday through Thursday when nobody else is spending money in the north fork. On the way here, I told my son that we were going to argue our case in front of the Town Board. And my son said, arguments usually end when someone says, fine. and the other alternative is, forget it. So I would like you to forget it and say, fine. Thanks very much. MIKE CORSO: Good evening, my name is Mike Corso from Greenport. And I would like to thank the Board for hosting this, first of all. I am blessed, 50 years ago, my parents had the good sense to begin taking my family, I have three siblings, out to the north fork. I am from Roslyn, Long Island. We began as transient renters and remained transient renters for 40 years. Two nights for several years, then three nights because then we could afford a little more. Then finally for a week and then two weeks and by the time I was in college in the mid 80's, we rented a house for one month in Southold and it was a life changing event for my whole family because following that summer, my brother ended up buying a house in Southold, right near where we rented. My sister rented a few years and then bought land and built a house in Greenport and 12 years ago, my wife and I were blessed to be able to find a dream home in Greenport where we were able to just put everything we had into making this purchase happen. We currently rent and we rent for two nights, three nights, one week, two weeks and we are very fortunate that we are able to do that because it really helps with the rising taxes that we are paying for the Town of Southold, it helps with maintenance of the house and it has helped enormously with making some great friendships with the people that have not only rented from us once, twice, three times, families, and I am not saying we are not renting to the bachelorette parties that come out as well but I have no problem with them either because in every instance, the people who rent from us are outstanding lovers of the north fork. They come from all over. They don't just come from Manhattan, they come from New Jersey, they come from Pennsylvania, upstate new York, Connecticut, Rhode Island, California, Texas and they love the north fork and they spend money on the north fork. There was a report recently that, and this was a town in Florida, they estimated that from the 50 homes that are being rented, it was generating about $3.5 million a year in additional income to that town. Well, we have 400 rental properties currently listed on VRBO on the north fork and I guess there are many more than that, so somewhere between $2 million and $12 million is what these loud, obnoxious, rude people are bringing into our wonderful community. Okay, I am not going to belittle those who have had bad experiences. I have some wonderful friends in this room right now who are going to talk to you about a couple of bad experiences. But my final point is and this is very important, I want to make it very clear, that I am speaking for the silent majority out there because those 400 rentals, we have got 1,600 neighbors, if you count four houses around that house, okay, I don't know how many complaints you have heard over the past several months, I am guess though 30-40 maybe, okay? There are thousands of people out there who are not coming to these meetings and saying, you know what? The renters down the street are just quiet as all heck and we just have no problem with them. You are not hearing from them. I was part of that silent majority until tonight and I felt like, you know, I should come and tell another side of the story. Because there are some great people who are coming in and doing wonderful things for the north fork. I remember in the mid 70's when Greenport was almost bankrupt and I remember people thinking 10 years ago, well, people are starting to come here. This place is going to build up, maybe my property values are going to go up. Well, hell, they sure have and everyone was happy when that started happening and you Amendments to Ch. 280, Transient Rental Properties page 19 Public Hearing August 11, 2015 have got to take some hits with all the good that popularity brings you. we are blessed and we should be thankful, every day we walk this wonderful earth on the north fork because there are many places in the world where there is much heavier shit going on, excuse me, and we sometimes make big issues out of some things that just don't deserve this much time. Thank you for hearing me out. SUPERVISOR RUSSELL: Thank you. LINDA GOLDSMITH: Hi, I am Linda Goldsmith from East Marion. My first comment is I hope that the audio will work this week for those people that are going to see this later on, on television. It did not work last week, or two weeks ago, I am not going to actually speak about a rental law this week, I wanted to actually speak of a more global or townwide issue. Five years ago, I can remember saying to people, wow, tourism is really growing. How nice. And then four years ago, wow, tourism is really growing. Well, as we see, tourism has exploded and I believe that as a town and as a town board, we probably are close to reaching our saturation point, we have almost reached our saturation point with the way the town is now. so as a town and as a town board, I think that we have to decide, are we going to promote further tourism, are we going to try to limit tourism, are we going to try to accept the status quo? Obviously our infrastructure is not adequate, we don't have sidewalks, some of our roads are way too narrow, we tend to be reactive, rather than proactive. We put up a light when there is a horrendous accident, you know, we call the police our beaches are overrun. Not necessarily by tourists but by people who sort of come out at night, you know, we don't have mass transit to speak of, we don't have buses, we don't have a lot of taxicabs, the train service is sporadic at best, so that is what you should look at before you pass a law limiting rentals or saying there should three days or seven days or twelve days or whatever you want to say, look at the town in total. Look at our infrastructure and make a decision on what we want Southold to be. Do we want to grow the tourism? Maybe. Do we want to limit it? Maybe. Do we want to leave it the way it is? I don't know, I don't know the answer. I don't. but the people in town know the answer, so maybe it is time to ask them before you make another law and then another law and then another law and maybe get one more code enforcer, excuse me, one more code enforcement person or one more police officer. Maybe you have to look at the whole town in perspective because this is only the tip of what tourism is. I am not making a judgement. I don't know the answer. You know I live in my little house on Bay Avenue in East Marion. Sometimes I have to wait for ferry traffic, oh well. You know, I go out, do what I have to do but that is really what you are looking at now. You are not looking at the length of time people come to see us, you are looking can we absorb the traffic, the people, all of that. Do we need hotels? Sure. We need places for them to stay, we need restaurants for them to eat in. That's really what you need to do before you pass another law. Thank you. SUPERVISOR RUSSELL: Thank you, Linda. PATRICIA WALKER: My name is Patricia Walker, I live in Southold. I just want to talk about like strangers on our blocks. My block is very quiet, small. Come summer it's packed with people and guests. Everyone is out and has their family, their friends and their friends out. It is non-stop summer guests visiting the north fork. They come for the beaches, the wineries and summer fun. I don't know these people but most are friendly. Parties happen as they always do • Amendments to Ch. 280, Transient Rental Properties page 20 Public Hearing August 11, 2015 when people gather in the summer. People have been coming to the north fork for summer for generations. Half the people here started with family vacations for years and years and it goes on and they loved it so much that they moved here. That is my family. Three generations of coming out here, my parents moved out here in the 60's, I have several family members that live out here now. I bought my house four years ago and plan to retire here. I love it here. I have always loved it here. I have always wanted to live here but my career is in the city and I cannot do that commute, sorry. But in five years, I plan to live here full-time and I can't wait. In the meantime, I have spent my life savings on my house. My job demands are the highest in the summer and I can hardly get out here. So I rent to families that enjoy the north fork. Families with children and maybe a pup, that want a family setting for their vacation. Want to enjoy what the north fork has to offer, a quiet beautiful vacation. In the meantime, these people are and have been accepted on my block and enjoy my neighbors. Never have I had a problem in the two years that I have rented. All the people on the block are having guests and extended families and friends in too, it's summer for pete's sake. This is what always happens out here and always happened as far as I remember. The money I have made has all gone back into my house. I had waterfront damage from hurricane Sandy and the rentals covered that. I had just finished and I had a handicapped son and I had done all this work, out of money, the hurricane hit. Okay, rentals is what saved my butt, sorry. It took a year to get all the permits and in that time, I got the money to fix it. All the money that, money went into the landscaping and into home improvements. All this money went to local people doing the job. The lawncare, the house cleaners, the garbage removal, all this is done locally. This all goes into the community. Plus I don't get, don't forget about all the money renters spend locally, eating out, shopping, boating, going to the beaches and the wineries. They are on vacation, when we are all on vacation, we spend money we normally don't. The local merchants in the community benefit from this. That's what gets everybody through the slow months out here. There are many problems with people who own their homes and have parties all summer long, too. How will we control these people then? We all know such neighbors exist. What do we do about them? Do we want to control the renters? How about some of the neighbors? There are no parties allowed in my rentals. There's a limit on cars. Only two cars can fit in the driveway. I can go on and on about the rules that I have in my contracts but the point is that it works and all are as fine on my block with my rentals as I am with their guests. I rent my house through a property management company, they get the people, they interview people, they draw up the contracts. They check on these people, it works. I wouldn't just rent my house to anybody. This is my home and these are my neighbors that I care about. I see no reason why I can't do this. Your restrictions will only lose the renters and the money that will be brought into town to help everybody through the slow times. The proposal legislation does not make sense to me and we are not looking at the big picture, okay? Thank you. SUPERVISOR RUSSELL: Thank you. MS. WALKER: Do you want copies? SUPERVISOR RUSSELL: Whatever you want to submit is fine with us. DANIELLE STRAUSS: Hello, my name is Danielle Strauss. I will make this short and sweet because my story is somewhat similar to some of these other stories and I share their sentiments Amendments to Ch. 280, Transient Rental Properties page 21 Public Hearing August 11, 2015 also about my renters. My family has had a house on the east end of Long Island for 50 years. It is the house, I am sorry, I get a little emotional about this, it's the house that my father built and raised his children in. Twenty five years ago, my parents both died within a year of each other. And their house came to us kids. We were kids, we were in our early 30's at the time. We had young children. I have been renting my house for about 20 years now. Without incident. Mostly in the summer, week long rentals. Very few people rent for more than a week. They find that they can't get away from their jobs for more than a week. I can't get away from my job for more than a week. I have a sister in DC, a brother in Miami and a brother who lives local and checks on things for us. It is the place that we gather when we can. But we cannot afford this house if we do not rent it. I love this house. I love this community, it is where my parents are buried. If you go to a two week rental, my fear is that I will lose my family home. This is so important for me to be here, I arrived on Saturday with my family. Since I have been here I have called the plumber, I have called the electrician, I have called the screen guy. The landscaper has come, the pool guy has come. We do all of these things, it's not easy. It is really not easy. It's a lot of hard work. We don't make any money. We barely scrape by. But we do it because this is a community that I call home. I live in Massachusetts, I live just outside of Boston. That's where I live. This is my home. My children, this is their favorite place to be, is out on the east end of Long Island. They can't wait to get here in the summer. They are already talking about how it can get to the next generation. It won't be an easy thing to get to the next generation but if we can figure it out, we will do it. Hopefully, ten years when I can retire, I can come and spend more time here, with my sister, my brother, with our children, the cousins, aunts and uncles. This is what we want for our family. I, too, have rules for people that are renting my house. Extensive rules. I google every single person who is going to rent my house. I don't want my house damaged. I don't want people having loud parties. One of our rules is no basketball playing after 10:00 at night. No pool parties after 10:00 at night. In the summer the windows are all open. Everyone can hear the slightest thing, if the TV is on. And I am very watchful of who is making too much noise. When I do get here, I check in with my neighbors and make sure that anyone of my guests hasn't been a nuisance. My brother comes by every Saturday to make sure there hasn't been any damage or that the house has been kept up. And he talks to my neighbors. In all the twenty years that I have been renting my house, my neighbors maybe have complained once. And that was someone who rented for a whole month. That they couldn't wait to get rid of. So I ask you, and I also agree with the permit part of it. I wouldn't mind registering my house with the town. And having a permit and paying a permit. And being registered with you and if there is a complaint, you come to me and you say, there is a complaint on your property. I can pass that on to the goofball that maybe was in my house, that I never want to have back again. I think that this can work. I think that you do have a job to do, I think that people that are in this room that have had bad experiences have a point, they have got a case. They just want quiet enjoyment of their own homes,just like I do in my own home, back home. I just think there's another way to do it, there's another way of making us responsible for our homes. So I hope when you deliberate this, you think about people like me and about some of these other people who have gotten up and spoken about the love of having this as their community. I can't be here all the time but it is my home and I want to be here more, I wish I could. But please think about people like us that might be hurt by changing this. And making it a 14 day or a 30 day. Most people can't do that, so thank you for listening to me. SUPERVISOR RUSSELL: Thank you. Amendments to Ch. 280, Transient Rental Properties page 22 Public Hearing August 11, 2015 ED COAKLEY: Hello, good evening. My name is Ed Coakley. I do live in Southold and I just want to say that if there has to be a regulation and it's hard to enforce, that does not mean that there should be none. And I do agree with the young lady over here on my right who was talking about a 30 day number and not 14. I just want to show everybody, this is a picture of a house in my neighborhood of an Airbnb house. They are nine cars here, five in the street and four in the driveway. That means, clearly there are at least nine people, probably more. Now, I don't know whether these people were noisy or not, it was a weekend rental. This is not the kind of thing we moved to Southold for. We've lived in Southold Town for probably 25 years now. We came out here for a better way of life from Nassau County probably many of you did and we don't need this in Southold. There are a lot of tourists already. If you drive on the streets of Southold on the weekend you know there are probably 2,000 too many. They are all welcome, but not like this. So just in closing I would like you to please consider again the 30 day or the 14 day or whatever but certainly no less than that and let's keep Southold a town where we want to live, not leave. Thank you. SUPERVISOR RUSSELL: Thank you. DEB WINSOR: Hi, my name is Deb Winsor and I rent my home in Orient, New York. And I would like to speak to those pictures. It is really good news that it was only a weekend problem and not a 14 day problem. As a renter, or a monthly problem. As a renter, I have tried it both ways. For a couple of years I did it as a summer long rental, then I tried monthly rentals and the minute I walked out the door after signing that lease, those folks were online working the submarket of shares. Now, if you want to turn this into Fire Island or Southampton, a 14 day rental or a 30 day rental is absolutely the best way to do it. And I won't have one stitch of control over who is in my house and you are going to be hearing from the police department every three or four days when people turn their friends over. It's a fact of life now. The internet and people on line, that's what they do. So they are going to sublet my place and I won't know what's happening and the neighbors will be known about what's happening and the police will be getting phone calls and how quickly are you going to be able to respond to it? VRBO and Airbnb have been the best thing that happened to my house because I get a three or four day rental , I can vet them, I can google stalk them, if I give them the lease and then I find out that there's some whacko that rented a house and trashed it in Southampton, you know what I can do? I can yank the lease before they show up. But by doing a 14 day rental or a 30 day minimum, you are taking my control away from my house. And I think there's a point where you have to trust all these really good homeowners and our relationships with our neighbors. I don't want anybody to wreck my house the way they did three years ago, I don't want them to wreck the way they did two years ago. This summer I have had allthe overflow from the legitimate B&B's and I would like to pay that tax and to join them as part of supporting our tourist economy. Tax me, I am happy to do it. so the people I have had this summer so far is a family from France with small children, I don't think anybody in a B&B wants a one year old and two year old, I have had two families with grandma who couldn't get up more than two steps. There wasn't a place for them. I have had three families that had wedding parties and there was nowhere else for them to stay except Riverhead. So do you want them to spend dinner and breakfast and spend their money in Riverhead? Or do you want them to spend their money here? These were lovely, lovely families. The only problem I had is I had to stop them from Amendments to Ch. 280, Transient Rental Properties page 23 Public Hearing August 11, 2015 making offers to buy the house. So, thank you very much but I have to ask you know, a fourteen day minimum is just inviting more problems than its solving. And as a group, the people who have rented and spoken here today, we are more than happy to work with you to devise a way to solve the problem so that we are not only legitimate, upstanding members of the community but we are supporting the tourist industry which 30 years ago, the tourist model was basically a weekend model. It's not a residents model, it's not a McMansion model, it's come here, spend your money for a weekend and get out of here so we can clear the streets, don't use our schools, don't use our dump, don't use the snowplows, it's, you are looking a gift horse in the mouth. It's astounding to me that we are going to try to push these people away. It's a gold mine for the town, it doesn't use our services intensely. Just a weekend and they are gone. But thank you very much. SUPERVISOR RUSSELL: Thank you. JOANNA LANE: Good evening, I would just to say how much I appreciate hearing everybody's point of view. It's the first time I have spoken on this issue. I know they are speaking to the Board but I really appreciate h earing everything and I think there's a lot of consensus here although it's obviously a struggle to find it. My name is Joanna Lane and this is my husband Dennis. We are from Cutchogue. And we are licensed real estate brokers in Cutchogue. And we have been managing short term vacation rentals on the north fork since 2003 when we moved here. First for ourselves and then later for other people. So this has been our livelihood for most of the last 10 years amounting to , I was going to say 1,000 but I got cold on it so I am going to say hundreds of short term rentals and we had zero reported complaints and multiple properties running at the same time for our clients. Some of the people in this room tonight have occupied those houses for themselves and their extended families for a week or so. Others we work with for a week or so, now manage the properties professionally for themselves. According to my records, I had an email exchange about vacation rental permitting with Supervisor Russell between June and September 2008, prompted by Riverhead's slumlord legislation that was passed by a Board that lumped all rentals together to ensure safe worker housing. Vacation rentals were perceived by Riverhead as only seasonal, Memorial Day to Labor Day or monthly and those tenants were to be asked to produce a social security number and a copy of their lease kept on file in the town. Much like getting a dump sticker. Homeaway, which is one of the sites which is being mentioned here was being run when we first started back by a couple out of their garage. And vacation rental management software was very buggy and awkward at best. We were entirely online from the beginning. We never had an office, we never advertised locally, very rarely anyway. The geeks and techies (inaudible) in which group I count myself found new channel to communication with vacation renters who did not need to visit the property and we worked together and pooled our expertise to ensure processes were developed to ensure quality tenants could be matched with high end vacation rentals to exceed everybody's expectations. Here's what I said to Scott about it at the time and I have selected the email for reasons of length and I am not including any of his because it is privileged information obviously. But what I said to Scott was, on June 7, 2008, what I am pushing for is to get the vacation rental sector completely exempted from any other kind of rental permit law and into a different category subject to different rules. That's easier than going for one permit law to cover everything in my view. It's the definitions that matter. So that vacation rentals cannot be exploited by slumlords. I am convinced this can be done. Vacation rentals have certain unique Amendments to Ch. 280, Transient Rental Properties page 24 Public Hearing August 11, 2015 qualities that are easy to define but what we have going on right now is a blurring of boundaries between hotel operations which is not real estate rental at all. And single family rental homes which is real estate rental. To over simplify the situation, the tourist accommodation sector excluding campgrounds and the like, looks something like this, A. hotels, motels and B&B's operating as a hotel B. hotels, motels and B&B's expanding into the vacation rental sector. When I say vacation rental sector, I am talking about weekly rentals. C. single family homes and condos expanding into hotel operations. D. single family homes and condos operating as vacation rentals. So it's the middle two, the B and C, is where the waters are getting muddy. This is confusing to the public, who don't always understand what they are being offered. And there are no regulatory standards which have to be met. Most vacation rental owners wouldn't even know that they are supposed to have CO2 detectors and smoke alarms, not good. Few, I think they do now but with respect to that time the perception was maybe not so sensitive. Few, if any of the places I know about would be attractive as worker housing. The rates are simply too high, so it's making the argument that there's no conflict with year round renters for workers. I am obviously not going to disclose anything that Scott said, that's privileged to him but I would just like to point out that he was supportive generally amongst the town in 2008, to add all these point of views we are hearing tonight, seven years later but unlike this Town Board and I thank you all very much for this, I have waited a long time for it. The previous Town Board at that time was not supportive of entertaining that kind of discussion. So, I have not spoken in the seven intervening years. I have not spoken to the matter and I find now that we have muddied the issues even further by allowing an unregulated sector of the real estate marked to go unchecked. Everyone knew this was happening but nobody knew exactly what this was and everybody has got their own version of what this is. First this was ignored for the first ten years, now it seems folks may be trying to push this back to the good old days when families would drive out, look at a few homes, then rent a seasonal rental for the season or for a month or end up with nobody in their house. Those days I personally believe are gone forever. I don't think we are ever going to get back to that because the world has changed and companies like Homeaway and Airbnb are a force to be reckoned with. They really are and we are a small town. So I think it is not going to be easy to make them go away. And I don't think that this legislation that you are proposing is going to do it, the 14 days and I totally agree with what and I have not had a conversation at all with Abigail here, although in full disclosure, one of my clients I believe has joined her group but I have not spoken to her but seriously, this is a tourist economy that we have here now and this is how people now book their vacations, worldwide. It's not just Southold, it's all over the world. I brought what we did, brought that model from where I come from in Europe. It's been going on for many years before then, it just wasn't many people out here doing weeklies when it was a handful of us, really. But if you don't allow this to continue, I think it will have a dramatic effect on the tourist economy in this town in ways that I don't think have been appropriately evaluated and I apologize, I am not on top of all the data but I would like to see more data about the economic impact of this because just for example, if somebody comes in and they rent for a week, the first thing they ask is where do you recommend we go to eat? So I am recommending three restaurants, my favorite or I rotate them but I am recommending three. In that week, they are going to go out and eat three times. If they stay two weeks, they still are going to only ask me for three recommendations. That's a 50 percent loss right there in the economy of those people going out to restaurants. They are going to spend more time in. the longer they stay in the house, the more ownership they have of that house, the more time they spend inside, the more tiem they spend cooking, the less they are out spending money. Today, Amendments to Ch. 280, Transient Rental Properties page 25 Public Hearing August 11, 2015 prime example, pouring rain outside, somebody is in for four days. They are in for four weeks or fourteen days, they will just sit and watch a movie. No, they are here for four days, they are out, they are out spending in the rain because they are only here for four days. So I think there is an economic impact there that needs to be looked at, a little bit more closely than I believe has been done. So I am not speaking here to add to the noise because I know there's a lot of noise out there and I think it's very damaging actually and I think we are already being impacted by it because everybody else is, you know, we are not doing this in a bubble, you know, everybody's got the internet. They are all reading the reports, they are going to hear what I am saying, what you are saying. And I thought very carefully about adding to that, but I want to cut through it and appeal to everyone in this room and listening to this to come together please as a whole community and look not only to what is happening to the left and to the right of your neighbor but to really take a long, hard look at the bigger picture and the long term future because this is not going away and I don't with respect, think that a 14 day limit is going to do a lot more harm than good. We need to use what is already out there to make that this work and that includes empty houses. The houses that the lady over here can't use, she needs the income. You know, there are empty houses out here. The second homes stand there (inaudible) much of the year. and it may go against the grain of what a lot of the government thinking is right now, to try and limit these homes but in fact, there is an example worldwide of one country that's taking the opposite approach and that is Japan. And Japan is actually currently debating relaxing the regulations surrounding short term rentals so they can start to utilize the empty homes that they have standing in the country. And their thinking is that the building of new hotels and resorts puts extremely localized pressure on infrastructure and I think Marilyn is speaking to that, about more hotels going up in Riverhead and so forth and then them all piling out here. I think that's a very serious possibility and it concentrates the income from the tourists to fewer businesses. The public feeling the effects of it but they are seeing fewer of the benefits from the mass influx of tourism. Apart from the distribution of jobs, the influx of money from tourism will then be felt in very localized areas around those hotels. So building new hotels and resorts, sorry, building the new hotels and resorts puts extremely localized pressures on the infrastructure and concentrates the income from tourists to fewer businesses. Alright, if like Japan we want to encourage further tourism without damaging the integrity of our destination, a solution has to be found. Encouraging private ownership and use of empty homes by permitting, regulated short term rentals seems like the solution that can do this. It puts ownership of property and in turn, the north for, back in the hands of the residents. So vacation rentals then encourage people to live a similar rhythm and pattern as the residents. So you live amongst the north forkers, you shop where the people shop, you go where they go. Y ou are not buffeted through the corners of a tour, of a limo tour from a hotel in Riverhead. The natural flow of th e north fork pushes you in a new directionand each property has a different stream, meaning the visitors are dispersed more equally around the forks. The alternative model is to build more hotels in Riverhead or wherever. Then funnel huge numbers of people into Southold and focuses their impact onto the small towns and villages where profits are distilled down to reach only a handful of mega corporations. The vacation model is the inverse of that. The visitors and the benefits are spread over like a fine mist, all through the community. They are not just in the hotels in Riverhead and the wine tours. Inaudible. That's the point. Enough to notice but not enough to disrupt the . natural operation of the north fork and the people that live there. That's what Japan is debating for itself, whether they can solve those few problems at once, so we are not alone in this problem. It's very common. So permitting vacation rentals requires minimal investment. The Amendments to Ch. 280, Transient Rental Properties - page 26 Public Hearing August 11, 2015 properties are built, the people are ready and have the means to'reach out to their prospective guests. It already exists. We could even think about creating a town database. And it was, the point was made by Abigail that you could just have the rental permit numbers on the ads and that's a very easy way for you to enforce it, so the people know they have the option to supplement their income by using the value of their property, it will help lead to a higher rate of home ownership and fewer properties standing empty as money and natural resources are expended in order to build more lodging options for tourists. Why have the houses sitting there empty and spend money, it goes against the grain of the way the world is moving. So the next point that empty houses brings up is that the areas where these properties have been built, they exist, have been built to code with,people residing in them. So renting out a vacation rental property means that the occupancy levels remain in line with the original estimate. You are not adding anybody, they are already in houses that exist, not only is the local infrastructure designed to cope with the occupancy levels, local businesses rely on it. That's one of the problems that local businesses have. They can't make it through the winter because'there is nobody in, as this lady over here said, she has people in January and I have seen, too, by allowing short term rentals, you are not stuffing in an extra layer of population that the people below are forced to support. You are keeping occupancy at the levels that keep an area and the businesses thriving. So you can argue then that there's a disruption and the risk of anti-social behavior but with regulated and professional property managers, these cases are in the minority. The responsibility here has to be with the person that sets the expectations of the person who arrives into town and that's the property owner or their manager. That's where the responsibility lies. So to cite a frequent and anecdotal examples, my heart goes out to those people. You know, we have seen five percent, not even. One in a hundred maybe leave it in a bit of a messy state. So I know there are nightmares out there and we need to get rid of them, we need to regulate when and hold the owners and property managers responsible for doing that, so that this man doesn't have nine cars in his driveway. It's ridiculous. They should have been told to leave immediately. To cite that but to cite those, it's not appropriate to the whole community at this time. Every community comes with a level of risk of this type of behavior, regardless of whether it is a short term rental or a year round rental. So we need to get people into the empty housing, so whatever happens on the north fork now may well determine where we are in this business, meaning tourism at all. if we are out of tourism, if we are going to limit tourism, then'what else are we going to do out here? How else are the businesses going to survive because we are going to lose the numbers, I believe are not exaggerated, I think we are going to lose those and I personally am willing to stand here and say as a result of this publicity and negative publicity, we are down 40 percent on the season. Forty percent and that's before you make the legislation, where people are allowed to come in. They don't feel welcome, who wants to take a vacation where there's controversy in the town? .They can read it online, we are all down. Prices have dropped, I mean, let's see the data. I would love to see the data on that, I mean, I have only got my own experiences but I think that you know, the kind of complaints we have had in'three years, none of which were reported, three in ten years, hundreds, one; a woman with a newborn baby, a guest, complained.... SUPERVISOR RUSSELL: Okay, let her please finish up. She's going to wrap it up, so, no, no, no, Joanna, finish what you were saying, please. You have the right to say something. MS. LANE: That's alright. I don't want to create any difficulty. Amendments to Ch. 280, Transient Rental Properties page 27 Public Hearing August 11, 2015 SUPERVISOR RUSSELL: The floor is yours. So, you know, we need a little bit of patience on both sides of the issue, okay? MS. LANE: Okay, the issue was, I will just give you one, a young mother with a baby and she called me up to complain that the man next door was mowing his grass at nap time every day and could I please call him up and tell him to change it. I told her no, go next door, knock on the door and discuss it with him. That's what our role is as property managers. Our role is to help people and there was no problem after that. Where are the real complaints? SUPERVISOR RUSSELL: I appreciate everything you said, Joanna. Thank you. Sir? Okay, are we ready? Sir, please. RICHARD RABITAN: Good evening. Before I speak about what I wanted to speak about, I just wanted to agree with the young lady that testified before... SUPERVISOR RUSSELL: I just need two things, I need your name and hamlet and then also... MR. RABITAN: Sure, my name is Richard Rabitan and we have a house at 790 Hickory Road in Southold. I just wanted to say about the young lady that testified about laws that are on the books concerning you know, noise ordinances (inaudible), nine cars parked in front of his house, when you are working with Airbnb, you have to pay a security deposit. We would be delighted to register our house and in fact, if there are violations, there should be stiffer violations for the renters, the guests that stay and that would be passed on to a security deposit at Airbnb, so that they onus then is on the renters for any violations and then for us as the owners. Anyway, my name is Richard Rabitan, full disclosure, I am a professional guitarist and have a law license, and unlike Abigail who practices law, I have a professional teaching studio in Stony Brook New York and I don't practice law because I happen to not like lawyers very much but anyway, with that being said, I wanted to move out to Southold since I was in my early 20's and it reminded me of Middle Island back in the 1950's. I moved out in 2000, commuted into Stony Brook because I didn't want to establish a business out here, five days a week for nine years until I married my wife, Mary Emerson. Because of the downturn in the economy in 2008, 2009, we did rent the house and Airbnb has, helped us as a stopgap until we move out here because we would like to have and give the house to our special needs six year old son. That being said, in terms of what Ms. Doherty said with articulating with defining transient rental or short term rental, I was doing some research and came across a white paper by Robinson and Kohl on short term rental housing restrictions and I think you may find this interesting for possibly articulating the short term rental. They had put the paper together for the National Association of Realtors and one of the things that struck me was they covered everything under the sun but what struck me was there were certain property rights issues that I found really interesting. And believe it or not, it seemed as though, based on some cases in Florida which of course don't apply to New York, there's different state law but the decision there could be persuasive in New York courts. It turns out that-they found property rights issues in violation of the 5th and 14th amendments of the Constitution concerning the equal protection clause of the 14th amendment and that basically means that you have to treat similar properties the same way and if they are treated differently based on property being occupied by short or long term tenants, it is a violation of the protection Amendments to Ch. 280, Transient Rental Properties page 28 Public Hearing August 11, 2015 clause. And they use a rational test to determine whether it is a violation or not and so the question I had in my mind is what is the rational basis between one or two days a week, two weeks, a month or a whole year? What's the difference between one week and two weeks? What is the rationalization for that to save the community, to save Southold the way it is right now? I don't see any. The second violation of the protection clause amounts to Fishers Island being exempted. Now, even though they may not have hotels, maybe there are not hotels close enough by people who want to rent in say Cutchogue or Aquebogue, they don't want to go to Riverhead and they don't want to go to Greenport and they want to be within walking distance of the water. So private homes can be rented that way. Another thing that they mention was that if the law is based strictly on anecdotal evidence as opposed to a professional empirical study based over two Or three or four years, it leaves the municipality in the position that it would be less likely to withstand an equal protection suit. So if you are basing your law on community members like myself, telling stories and anecdotes, you are going to be in more problems against an equal protection suit, which is a federal suit by the way. It is not a local suit in Suffolk County court or even a New York State court of appeals, this is a federal suit. So anyway, if only anecdotal evidence is used, once again, you have less chance of surviving an equal protection lawsuit. The second aspect that struck me and this is only doing maybe four or five hours of legal research, there is a violation of the takings clause which most people don't understand but what it means is and again, this is a decision in Gwynn vs. the City of Venice, what happened is, let's say there's (inaudible) in Southold that have been doing this for years, we have been doing it for two years even though it's a stopgap until we retire, it is helping us get by. When the law is passed, it affected the people that had already been renting, so as a result of them bringing the lawsuit, it turns out that because the ordinance was passed after the people were renting, it was found to be a violation of the takings clause because of lost revenue and lost income in which the town is responsible and liable for. Now I don't know what the decision has to do with if individual members of the legislature are involved or the Town Board but the Town has to pay for that compensation. What the damages are based on, I don't know whether it is based on the property values going down because you can't rent the property, I don't know whether it is lost income, I didn't read that far but so the option to go around that in terms of making the law is to grandfather all the people who are already renting. Have them register, they are grandfathered in the clause and then you can shut out all the new people that want to start doing it. I am sure the people that are renting in Southold through Airbnb and all these other companies that are advertising their homes as well as the beauty of Southold itself would be delighted to register their homes and work with the town as much as possible to keep Southold the beauty that it actually is. and hopefully that may solve any problems with your passing a law and incidentally, the quote here that they used was in Lewis vs. Atlantic Beach was 'to avoid monetary consequences, municipalities passed zoning laws and grandfathered continuation of pre-existing, non-conforming uses' so I don't know if you will find that helpful or not but I just thought I would testify. Thank you. SUPERVISOR RUSSELL: Thank you very much. LAURIE BLOOM: Good evening, my name is Laurie Bloom and I have a house in Southold. I own a home that I have offered as a short term rental property, so before you chase me off with torches and pitchforks, let me say I didn't just drop out of the sky. I have decades long, deep rooted connections to the north fork and it's been a primary residence at times and second home Amendments to Ch. 280, Transient Rental Properties page 29 Public Hearing August 11, 2015 at other times for much of my life. My mother ran a horse farm in Jamesport for years and after my father passed away, that's what she did. I have spent a great deal of time on the north fork. After many years of dreaming about owning a home here myself, several years ago, my husband and I purchased a dilapidated cottage in a private community. Where at least 50 percent of the owners are seasonal residents. It was a mess but it was all we could afford. The prior owner had died at least a year before and the house had been sealed up, full of old and rotting furnishings, growing mold and mildew. The lot was completely overgrown and littered with debris. Garbage and broken beer bottles were everywhere as well as telltale signs that it was becoming a frequent hangout for local teens looking for mischief. Prospective buyers like me ran from the place from the smell and the enormous amount of work needed and we were almost one of them but we really loved the area, so we decided to roll up our sleeves and empty our bank accounts. We spent the lion's share of our savings to renovate the biggest eyesore on the block into one of the prettiest. It is no longer an abandoned wreck but a home we enjoy spending all of our free time in. Our neighbors are thrilled to now see a lovely cottage that only enhances the appearance of the block and the real estate values of their homes. We have become close friends with our neighbors and socialize with them frequently. In fact, I was just elected secretary of our homeowners association. In fact, we never intended to rent our home but a major financial event forced us to consider it as a means to hold onto the house that we planned on retiring to. So we did our homework and hired a responsible professional to manage the property. An owner of a bed and breakfast who knew how to carefully screen and attract quality people, manage the cleaning and check-in of guests and make sure that all was properly handled. It has been an expensive endeavor to do it this way but it is a way that we are comfortable with and we have been renting the house through her without incident for the past three summers. The rest of the year our family occupies the house weekly. Our short term guests are almost exclusively families, some of them with a grandparent, young children and often a dog. Every one of them has been respectful of our property and the neighbors. These are guests who want nothing more than a peaceful three night stay or a weeklong vacation. They walk to our private beach, dine in local restaurants, pick pumpkins and apples, visit the vineyards, rent bikes and kayaks and shop for souvenirs. My neighbors have had nothing but praise for the people who have stayed in our home. When guests book our home, they are advised of the rules and they are unwavering. No parties, no additional overnight guests, no noise, pick up after dogs, park only in the driveway, etc. Broken rules equal a broken lease agreement and forfeiture of paid rent, no exceptions. We have never had an issue with any guests. When we purchased here, we knew of others on the block who were renting short term. It didn't bother us and none of the guests on the block ever created a problem. We did, however, have a home that went from short term rentals to long term yearly rentals and the change was dramatic. The long term folks had cars and things all over the place. The place started to quickly become rough around the edges. There were too many occupants for the small house and the property was no longer kept as neatly as it had been with the short term guests. Thankfully, those tenants have since moved out. The property returned to short term renting and the home is once again being well-maintained. I believe that while nothing can replace private ownership, a short term guest will never impact the neighborhood like a bad full time tenant can. I think anyone who has had a horrible neighbor would rejoice in knowing they would be out in a few days. Many of our guests would like to return and we would like to welcome them back. I know that homes like mine have been available for decades. They provide accommodations for families with children and pets, guests who would otherwise not be appropriate at a hotel or bed and breakfast. And there is a need for Amendments to Ch. 280, Transient Rental Properties page 30 Public Hearing August 11, 2015 it. However, the demand is not endless and the marketplace has a way of self-correcting. Anyone who might think that this is a way to make money has probably never tried it. For us, at best, it is a way to cover some of the expenses but we definitely do not make a profit. It is a lot of work but we hope to continue until we can retire here full-time. the north fork is dependent on tourism to fund open spaces that we love, farms and vineyards,.shops and restaurants require more customers than the local resident base can provide. With the short season, turning away significant portion of our seasonal guests will have a devastating impact on those who rely on tourist dollars to survive. The money must come from somewhere and the fact that many businesses here close for the winter underscores where that money is coming from. Mandating a minimum stay of 14 nights will have the net effect of eliminating Southold as a vacation destination for the families we host as guests. This is not a threat, this is a fact. In the three summers we have offered short term rentals, we have only had one family rent our home for more than a week and it was a 10 day rental. Those are law abiding people and those who are law abiding will simply go somewhere else, where they are welcome. Others will get together and as you have heard tonight, they will figure out another way around it. they will chop it up into smaller blocks and the owners like me, who care, who do the right thing, who manage their properties carefully through a professional will not know who is coming and going from their house because they will be subletting it, without our permission, without our oversight and without our approval. And this is going to be creating a bigger problem for all of us, it is going to make a bigger problem than exists now. We have rules of conduct, we would wholeheartedly supporta permit process that has rules, that has a requirement that you pay a permitting fee, that • has all of the enforcement that comes with that. Southold is a wonderful place, we all love it here, I don't think anyone in this room would disagree with that. Short term rentals predate all of us, as you heard from Abigail some of the history of what has gone on here for much longer than all of us and there are some old ones here, even before you, as homeowners we care as much about our home, neighbors and community as anyone else does. We have poured our hearts and resources into our homes and we are not going to do anything that jeopardizes it or our community. We want to work together to come up with the best solution for everyone concerned. So I am just asking you to please be respectful of us and to work with us. W want to do the right thing. Thank you. SUPERVISOR RUSSELL: thank you. ELLEN WEXLER: Hello. My name is Ellen Wexler, I have had a house here since 1980, in Mattituck. I am going to read a letter by Deborah Pitorino, who is the owner of the Greenporter Hotel. She couldn't be here tonight and asked for me to read it. I thought it was really important to hear from a hotel owner. 'To Supervisor Russell and the Board, I am business owner in the Village of Greenport and operate on three lots of land zoned for commercial use. In October of 2000, when I established our business, the Greenporter Hotel, I was required to undergo a lengthy process of applying for several permits and licenses from the federal, state and local municipalities and I could not open until I received clearance from all these entities. ' I am not opposed to Airbnb or any other vehicle that allows citizens to make a living, however, I am opposed to the separate but not so equal treatment and apparent favoritism displayed by the Town of Southold when it comes to zoning and enforcement laws. On one hand, the Board has singled out and recently forced the closure of a family farm, Southold Farm and Cellar, because they were conducting business on a property that was not zoned for business. On the other hand, Amendments to Ch. 280, Transient Rental Properties page 31 Public Hearing August 11, 2015 the town is allowing the operation of illegal hotels and event venues in the form of short term housing on properties that are not zoned for commercial purposes. What we expect as residents of the Township of Southold and as American citizens is fair and equal treatment in life as well as in business practices. According to publication 848, a guide to sales tax for hotel and motel operators of New York, short term rentals are lodging businesses and therefor required to register with the New York State Tax authority. If these lodging establishments,are lodging businesses, they should register as such and be subject to the same requirements as any business of its kind. New York State Tax Authority defines a hotel as such, a hotel isa building or portion of a building which is regularly used and kept open for the lodging of guests. A building comes within the definition of a hotel, if among other factors sleeping accommodations are provided for the lodging of paying occupants on a regular basis. The typical occupant is a transient or public traveler, the relationship between the operator of the establishment and the occupant of the accommodation is that of an innkeeper and guest and not of a landlord and tenant. The occupant does not have an exclusive right of privilege with respect to any particular room or rooms,but instead has an agreement for the use or possession of a particular room or rooms and the operator provides maid or linen service or other customary hotel services for its occupants. The term hotel includes the following: apartment houses, motels, hostels, tourist cabins and bungalows. Other I support free enterprise, I do not support cronyism and feel that anything less than,equal playing ground for all citizens is less than fair. If I as a hotel owner, need to.abide by local and state laws, I would expect fellow citizens to be obliged to do the same. If we allow the rental of homes for short term lodging, as well as for parties and events, 'what's to stop people from opening restaurants or daycare centers or shops or fish markets in their home? Lastly as a legal hotel operator, I am obliged to collect sales tax, part of which funds the infrastructure upon which tourism thrives. The sales taxis separate and in addition, to federal income tax that all of us should be paying, New York State sales tax funds the New York infrastructure, including the roads, bridges, tunnels, waterways and as a result legal hotels are funding state infrastructure. Illegal hotels are just reaping personal profits. Additionally, as a legal operator of a hotel, I am' obliged to impose and collect a local hotel and motel occupancy tax in addition to sales tax. This funds the New York State tourism campaign for the I Love New York website andother initiatives. Any illegal businesses including short term rentals are benefitting from those services provided by those funds and they don't pay into them. As a hotel operator, I am certainly pro- tourism, pro-sharing'economy but I am against.underground economics that thrive on evading regulations and taxation while profiting off the backs of those that adhere to the law. If we close down a family farm for selling wine, then we need to consider how we will explain to the public that zoning laws areonly being enforced against some and not others. I ask the Board to consider the importance of equal and fair enforcement of laws before we head into dangerous territory in our community. Thank you. Deborah Pitorino, Greenporter Hotel. SUPERVISOR RUSSELL: Thank you. DOMINIC MISERANDINO: Hi, my name is Dominic Miserandino, and I have a home in Southold. I would like to first thank the Board because I do see everyone paying attention and nodding to what everyone is saying. First of all, I hate meetings like this. Everybody is hot and bothered and frustrated, with the solution of the fans, everyone is just bothered and frustrated. I think everyone agrees on one point, there is a problem and let's fix it. sitting here, I keep thinking of a friend of mine, this is a true story. He was 55, had a heart condition, so the doctor Amendments to Ch. 280, Transient Rental Properties page 32 Public Hearing August 11, 2015 put him on medicine for his heart. It made his stomach upset, so he started drinking soda for his stomach, so his sugar went up. Doctor gave him another medicine for the pre-diabetes and his blood pressure went up. I see this problem as not much different. When I look on-line at what people complain about, they are complaining about the actual actions. They complain about parking, so it says right in the code, $75 fine. Great. Do it. Speeding, same thing. Badly treated homes put Southold actually at the lowest rate of zombie homes actually when you look at stats, my most entertaining was the noise and parties that people complain about. The code says between 50 and 65 decibels. I know right now, I have broken the town code by the volume I am speaking . Actually so have cicadas, air conditioning units and telephone ringers. I am simply saying, let's address the actual problem. if those are the complaints, address them. But I fear the method we are using, which is changing the law, making another law which might be circumvented, doesn't solve the problem. it is not much different than my buddy with the pre- diabetes, who the doctor simply said to him afterwards, the second opinion, fix the problem. right now, we have a problem, the problems are some tenants getting out of control from what we hear, the complaints we have are very specific. Then let's just address those with existing law. That's it. That's my piece. Thank you. SUPERVISOR RUSSELL: Thank you. LORI HOLLANDER: Hi, I am Lori Hollander, Greenport. Supervisor Scott Russell and Board members. When you drive around the residential neighborhoods in Southold Town, you see house after house of beautifully landscaped and maintained properties. These residential quiet streets are now attracting short term rental businesses. These businesses do not belong in residential neighborhoods. Most homeowners in our community would not choose to live next to a transient rental house. Is it right to sacrifice the peace of mind, quality of life and zoning rights of the majority for the profits of a few? The north fork is already bustling with tourists. We are now on the map. If you look at East Hampton, which has a 14 night minimum, you can see that they have not had a problem attracting tourists. There is no reason to believe that we would either. people who need help supplementing their mortgages could if they choose, rent to the many teachers, nurses and workforce people who are having so much trouble finding affordable rentals that will allow them to stay in our communities. People who chose a short term visit can give business to the legitimate hotels, motels, cottage complexes and B&B's. our local businesses already feel the benefits from the huge influx of day trippers who frequent our farms, eat in our restaurants and shop in our towns. We are at a crossroad and are urging the Southold Twon Board to protect the quality of life in our residential communities. Seven nights will I create new turnover every weekend, whereas 14 nights will still allow renters to rent and at the same time, eliminate some of this disruption. Thank you. SUPERVISOR RUSSELL: Thank you. JEHUD MOCH: My name is Jehud Moch and I live in Brooklyn and Southold. When I was growing up, my family had a summer house and most of the women would spend the summer there with the children and the men would come on the weekends. My father was the exception. He drove up every night. That world is gone, for better and for worse, the sexes and the classism involved in the scenario, for most of us, it just doesn't exist anymore. People being able to take a vacation of a month, of two weeks even, for most people it just doesn't exist. And so I think one Amendments to Ch. 280, Transient Rental Properties page 33 Public Hearing August 11, 2015 reality that needs to be acknowledged by this Board is that if you are going to say 14 days, you might as well say a year. You might as well say, you know what, we are really are just going to put a bubble around Southold and say, we don't want short term rentals. Because that, in effect, is the effect of this decision. And I understand the issues that people are raising in terms of the quality of life issues, they are concerned about. You could be making that decision, whether it is legal or not, I don't know. I am a social worker not a lawyer but I understand the fabric of life issues you are having to struggle with but don't pretend, I don't think you should pretend that this is a compromise that can work for both sides because most people don't have the luxury nowadays of taking that long of a vacation. And tourists have, it's fungible, the money they have, they have options, they will go other places. You know, there has been a lot of work to bring tourists here and I understand there should be limits to it, you know, I get annoyed sometimes in the summer I say, I don't want to go into Greenport, too many cars and I will bike to my congregation rather than drive there because of the parking problem. Oh, I will say, too many tourists. So it's not that I think you just open the floodgates and not have any limits but they need to be rational limits and they need to be enforceable and fair and not jeopardizing those of us who want to put in our roots here. I spoke last time about the fact that my wife and I were married here and more details of our involvement here, I am not going to talk about that now but I will say two things more in the interests of time, our property is on Great Pond. There are tremendous restrictions under a covenant with the King of England in the 1700's and more recently by Southold and by the DEP. We understood when we came and we bought here and we fell in love that there were complicated restrictions. We are still trying to sort out those restrictions and we accept restrictions and regulations that we can follow. You know, should there be codes? Yes, yes. Should we be told how we should tax and what we should pay? Yes, we should but you also can't just, I don't think it's fair to change the rules and I, you know, I am not talking about the legal thing whether to grandfathering in, that this has existed for so long and I think there is a way to accommodate it that isn't destroying the quality of life and last, I want to again, some other people have mentioned this, about dogs. Dogs are not welcome at most B&B's and at most hotels and that is a tremendous percentage of the people who rent our little cabin. We give them the rules about dogs. We tell them they must have their dog on leash etc., and these are people, mostly families, frequently multi-generational families of grandparents, children, the adult children and then the kids who get to have a holiday here with their dogs that they would not be able to have on the north fork. They will have it. They will go someplace else and I also want to say one last thing about affordable housing, I work with the homeless. It's an issue I care about from my heart. It is a complicated issue, how do you protect affordable housing, how do you protect the working people who are year round people as you have a tourist business growing? But there are ways to legislate to protect that and this 14 day limit is not the way, it's looking at the wrong end of the telescope. Keep your minds open, get your facts and then make the decisions. Thank you. JOYCE BARRY: Joyce Barry, I am a B&B owner, I am rental owner and also a neighbor. Pretty complicated to say the least. You have some pretty passionate people here who have views either way. I am just going to ask the Board at this time, if you just step back and take baby steps and really think about what's going to happen when you make your decision. Starting off with a permit process I think is a wonderful start. It will give you some control of what your rentals are, who's renting them and also gives you an opportunity to educate those people that are on Airbnb which I have heard many, I mean as a business owner and a rental property owner, Amendments to Ch. 280, Transient Rental Properties page 34 Public Hearing August 11, 2015 I do collect sales tax and hotel tax and I do pay them and they are required to pay it. _So it is important that those people that are on Airbnb know what they are required to do when they go into the hospitality business. And I think that would be a good start, you would have them already registered, you would know who is doing it, who is not doing it. and also be able to enforce what they are required to do. so it is just my plea to you that you step back a minute and start and take baby steps and then go into what you need to go into later on, sort of like a business plan. And that's it. SUPERVISOR RUSSELL: Thank you. CAROL MAVITY: I am Carol Mavity, from Greenport. And I am going to read an article that was printed in the Daily News just very recently, actually I was asked to read this, it may be from today or certainly within the last couple of days. And as we all know, Airbnb is a topic that is many, many areas are dealing with and this is with reference to New York City and the article says, `Airbnb, the high flying internet site, could soon have its wings clipped in New York City. Manhattan city council members Helen Rosenthal and Eudanis Rodriguez will propose tough new penalties Wednesday, aimed at property owners who violate the city's ban on short term rentals by listing their units on home sharing sites like Airbnb. Under the new legislation, the fine for a first offense would increase tenfold from what is currently $1,000 to a whopping $10,000 with the maximum penalty jumping from $25,000 to $50,000. A companion bill would mandate an annual report from City Hall of complaints, inspections and fines connected to illegal short term rentals. Both proposals are expected to sail through the council given that Brooklyn councilman, Jermaine Williams, chair of the Housing Committee is the co-sponsor and given the growing evidence that these illegal rentals are reducing the affordable housing stock in many neighborhoods. Current law only allows a permanent resident to sublet a property for less than 30 days if that resident continues to live in the unit. But an investigation last year by attorney general Eric Schneiderman, and this is the last paragraph, into the operations of Airbnb found that nearly 3 of the company's New York City private bookings over a four year period where illegal rentals.' So that's how Manhattan's dealing with it. Thank you. SUPERVISOR RUSSELL: Thank you very much. PETER CORBIN: Hi, I am Peter Corbin and I live in Southold. And (inaudible) I feel like the last comedian before the bar opens, so I promise I am going to make this... SUPERVISOR RUSSELL: A bar sounds good right about now. MR. CORBIN: It's been a long night. We bought our first home in Southold about 20 years ago. My wife's family, my in-laws, built their house over 40 years ago. We have strong roots in the community and the president of our local homeowners association so I feel while we are not blessed to live in Southold full-time yet, we are here 40 weeks plus of the year. Here all the time and since my wife grew up out here, my kids grew up out here. Six years ago, we bought a' second home in Southold, across the street from us we were very fortunate to find and at the time we decided to keep our first home, largely because my children who were growing at the time, still growing, we would like to be able to have a house nearby us so at some point when we retire, our kids could come visit. At that time, we decided we would try to rent the house a little Amendments to Ch. 280, Transient Rental Properties page 35 Public Hearing August 11, 2015 bit. So, a couple of points, when you rent a house, it's a business. It's no different than if I chose to open a car repair store next to your house, right. There's no difference at all, it has to be regulated, it has to be respected, you have to deal with your neighbors in a proper way. Any argument against the fact that renting your home for any period of time is a business is disingenuous. Short term rentals are changing Southold. And while I am sure there is evidence that it was done 500 years ago, I am sure it may be true, may not be true, they are changing otherwise we wouldn't be here tonight. Okay? And I think you need rules, you need regulations (inaudible) to keep this sort of under control or it's going to get crazy. I think also we need to think about in addition to the 14 day limit which I think should be the minimum, limitations on the number of people in a house. Okay, I see that's the bigger problem. We have a situation in our neighborhood where somebody bought a house last year, went back to his primary residence and renting the house pretty (inaudible) of August. The first week was 12 women for a ladies weekend, drinking every night, down at the beach drinking, limousines picking them up, dropping them off. Okay, next week, six full size SUV's parked on the lawn, 12 plus adults, 10 children, this is a 1,500 square foot house, the kids were in the backyard in a tent for the week. I called him because I know him from the association, I said, you have got to be amazed by what is going on, right? He said, oh, no they are great people. No one is complaining. Well, I am calling you because I don't think this is a great idea. So, the pushback from this particular owner to me in this situation was pretty dramatic. It was hard to argue, you know, because he made no particular sense. If we don't want to turn a situation like that where we have 20 people in a small house or I saw 20 people walk into a local diner a couple of weeks ago, a breakfast diner, all in their 20's. That's what's coming, alright? Without any restrictions with what's going on. With all respect to the people that are renting the house successfully, we have been renting our house now for six years. The first four years were full summer rentals. Last year we didn't have such great luck. This year we rented four weeks and six weeks, so the argument that it can't be done in Southold is just not true. It can be done. Maybe you'll make a little less. Let's be honest. But it can be done. It's just a question of what you put out there. You put a limitation on the number of people in the house, you put the limitation of a minimum of a month. So it can be done, okay? I think, going on, the two arguments I have heard today, frankly largely against it were the enforcement issue and the economic issue. I am not an attorney so it's hard for me to talk about that but truthfully, if the argument is, it's a difficult law to enforce therefore don't pass the law because people might not follow it, I don't think passes you know, law school 101. I don't think that that is an argument that is, I mean, it's a specious argument. If it is a difficult law to enforce, you enforce it. (inaudible) but you don't not pass a law because it's difficult for some people to follow. The second argument is economic and I may have a bit of a better background to argue that point. The economics of this are really the economics of the people who are renting the house, truthfully. Or the real estate, the property managers, the attorneys, whoever is involved (inaudible). And there's good reason why all of us chose to rent our houses and the primary reason is financial, so I am not arguing against anyone's individual situation about houses or family, that's all valid. You can rent your house for longer periods of time, you'll just make less money. And the Airbnb thing is the easier way to do it, I grant you, then the way we have chosen to do it but when you turn your home into a business in our community and they are all residential parts of the community, you are making an economic decision in our community and frankly, that affects all of us. Okay? So the economics of this really, people who are going to rent for two weeks or more are financially more capable to spend more money in the community quite honestly, than the people who band together and put 15 people in a house for a Amendments to Ch. 280, Transient Rental Properties page 36 Public Hearing August 11, 2015 weekend. I am sorry, that's just a simple economic fact. So the economics of this benefit the people who are renting fine, but let's not make the argument that the town is at risk for some calamitous economic shortfall you know, if we don't rent for three days in the middle of the summer. Thank you-very much. I appreciate it. SUPERVISOR RUSSELL: Thank you very much. MARIE BENINATI: I am Marie Beninati, I am a small business owner in Southold Town and a resident of the town. I have three properties in the Township, my office, a home in Peconic and a home in the Southold hamlet. I am a real estate broker. I would urge the Town Board and the public here at this meeting to sort out of this discussion all the emotional hysteria that I have been hearing over the past few months, that's not based on fact but rumor and innuendo and sheer exaggeration. Look at the facts before we make laws that punish the people who abide by them and erode our freedom and property rights that we all cherish. I have been assisting members of this community and Riverhead for 15 years with rentals. Some are year round, some are seasonal. The reasons people rent their homes are numerous, but mostly it is to help them cover carrying costs. You have heard some cases this evening and to take away people's rights to keep.their home, I think is a very wrong road to go down. In some cases, the owners forfeit the joy of being here in the summer to rent their home, so they can pay their mortgages, taxes or what have you. it used to be that homes Were rented for entire seasons, often by heirs of homeowners because it was an idle asset. Today, very few rentals are of that nature. They are not idle assets. Most people who rent cannot rent for a whole season. Children are in soccer, all kinds of things and I actually started weekly rentals a number of years ago,just because of that. just because it wasn't, we -weren't able to rent. Short term rentals are a small part of our economy but essential to the continued prosperity of the area. There are 20,599 residents in Southold Town per the US Census statistics that I looked up today. They live in 13,769 housing units. As of today, there were 183 rentals on the multiple listing service, 1.3% of all the homes in town, of which 64, only 64, offer weekly or seasonal rentals. That is less than one half of one percent. Of the 64 listings, there were three owned by LLC's which do not appear to me to be big corporations. Most of the short term rentals are VRBO, 390, 2.8 % of the total and 134 or 1% for Airbnb. In all, this accounts for less than 5% of the homes. We are not being overrun. It ' does not seem that these weekly or monthly or weekend rentals are gobbling up our homes and - corporations are coming along looking to rent out our homes for profit. In fact, the economics don't work for such an enterprise. And you heard many people this evening say that. Our rental season is limited. Even the B&B business is limited. These B&B's are not rented even the majority of the nights that are available in a year. Let's look at some numbers. If you buy a home for the median price in Southold of$500,000 and you finance it with a conventional loan at 4%, your annual carrying costs are about $45,000. If you rent for $300 a day and have 50% occupancy and that's only two nights, every other weekend which is not even going to happen for most people, you would gross $15,600. Not a very good return for your investment. And you have also heard this, it's not easy work. It's difficult work to check people in, check people out, take care of the home, make sure things are in order-and that you are covered. We do not have many hotels in Southold Town and I would ask that those of you who support this restrictive two week minimum, if you would prefer hotels instead because they will come, if we cut off the ability for people to stay in homes. - Some ingenious hospitality mavens will fill the gap that we are creating. Hotels have restaurants, usually big bars, large entertainment, catering Amendments to Ch. 280, Transient Rental Properties page 37 Public Hearing August 11, 2015 facilities, clubs, banquets, meetings etc. In fact, I understand at a recent sale of six acres here in town Of hamlet business property on the Main Road will be in fact, a hotel. The Planning Board successfully killed a senior condo plan for 20 units several years ago that cost the seller and contracted buyer significant loss. Now a hotel will take the place of needed senior condo/town homes. Town Board, don't take away property rights. Property owners, don't give away your rights. It's a slippery slope. Support codes that protect our rights to enjoy our freedom and enjoy the beauty and tranquility of Southold without unnecessary restrictions. Thank you. SUPERVISOR RUSSELL: Thank you. PENNY RUDDER: Hi, my name is Penny Rudder and I live in Greenport. And I was just coming here really and planning to listen so I am going to defer to chef Deborah at the Greenporter's comments. She said it much better than I could and also to yours, my experience with rentals, I will just go into that very quickly. We live across the street from a home that is a high occupancy home, every weekend with 10-12 occupants and four or five cars every weekend and just today I got a couple of messages on my phone from neighbors about something that might have happened there last night.• I wasn't there, I don't like being given the role of vigilante, that's really not why I came here. I came here because we have four generationshere from age 93 to 3 years old and we came here to raise our family and we are all full-time residents and have been. One of our family members lives full-time as a renter in a home that she is hanging on to with her fingernails, hoping it will not turn into a short term rental. But what I really got up and stood in line to say is that I feel we definitely are at the crossroads and my group particularly doesn't seem to have a lobbyist or an attorney, the full-time residents. I live here 365 days a year, I spend every single penny as my husband will tell you, on the north fork. I don't shop online, so I can buy products here at antique stores or the farm market or the grocery store. I go to the grocery store most every single day. I don't go to Riverhead to shop. 'I make sure that I spend every single penny here because I know that it takes away from the Main Street businesses. And what I would like to ask the Board to do is as you have campaigned in the past, save Main Street businesses. Please consider saving Main Street. Thank you very much. SUPERVISOR RUSSELL: Thank you. JUDITH UHLMAN: My name is Judith Uhlman and thank you very much for hearing me and everyone else with such extended patience. I live in Brooklyn, I am married to Jehud who spoke earlier. We have a small cabin out on the wetlands that we hope to have the option to retire to in a few years. We bought it at the time understanding we could rent it for short term amounts and so we have been for five years with no complaints whatsoever. My concern is about the facts, I am not going to speak long and several people have made related comments that we don't really have the facts or at least if the Board has them, they haven't shared them in any way I have been able to know. The piece that was handed out says that the Town Board finds, this is in the local law, such transient rentals threaten the residential character and quality of life in neighborhoods in which they occur. Well, I think that's true for the,few I have heard about that have the nine cars and the big partiers but as far as I know, we all do not have any real cover of the facts and I am really concerned that this is being decided by emotion. As far as I know and I would be happy to hear otherwise, the Town Board does not actually know how many rental lomes there are, does not know how often they are rented and to whom, does not know how many, if any, Amendments to Ch. 280, Transient Rental Properties page 38 Public Hearing August 11, 2015 • long term renters are actually being displaced, does not know the economic impact of money spent in town by renters or spent in town by homeowners maintaining houses for renters, does not know or does not say how many complaints that have actually been and how many are actually substantiated. Has not assessed the impact of a 14 day minimum on responsible homeowners, their house values and the impact of sales this may force and finally, has not shown how existing laws could not prevent these problems but a minimum rental supposedly could. So I am going to answer one of the points, a lot of people have spoken about the people they rent to and what they are like and I just wanted to give you a few more little facts about that by reading verbatim some of the inquiries we get and I can substantiate this to anyone who would like to see our rental inquiries, I can show you on Homeaway where they cannot be changed by me, so you can see what people have actually said. Good morning, Judy, my son and I would like to stay at your cottage for the dates above. Next, my wife and I are interested in renting your cottage the second weekend in October. We have a small adult female boxer dog who regularly travels with us. Next, my husband and I are looking for a nice romantic getaway, kids free, except our dog. Hello, I am looking to accommodate two or three couples during these dates. We are 55 to 60, quiet, and no pets. Hello, we are looking to stay here for my sister's wedding. We are a family of seven. My husband, myself and our five children, 12, 9, 7, 5 and 2. Hello, we are considering to rent your cottage for five days in August, we have two kids, 6 and 8 years old. Hi, we are interested in.renting your cottage, we are a family of four with two boys 11 and 14. We may also bring our Portuguese water dog, Buddy. We are looking to rent your lovely property with our toddler,just over 2. Dear owner, your place looks amazing. I would like to book it for the week starting August 3. I would stay seven nights. Right now it would be me and my husband but it's possible one other adult and their child would join for four nights. Another, we are very interested in this rental. We are a family of two parents, two teen girls, one family friend and one well behaved 25 pound dog. Hi, Judith, I am interested in booking your cabin for these dates, it will be me and Clancy, the dog. But brother and sister-in-law also joining for the weekend. Hello, I am interested in renting your cottage for Mother's day weekend, is it available for a four day rental? I will be eight months pregnant and we are looking for a quiet weekend before the baby arrives. It will be myself and my husband along with our two poodles. These are the facts about who is renting most of these places. These are not people who are causing a ruckus in the neighborhood. Now a lot of people have said different things, I don't expect you to take what I said and say, oh, those are the facts and everything else is not so much the facts, that's hearsay. I want you to get the actual facts and make decisions based on that. I believe that laws based on facts have the most potential to serve the people. Whatever they end up being, whether they are in my favor or not, I need them to be based on facts and not on hearsay. The Town Board should gather the facts first and not base their decision on people's fears. Thank you. BILL EDWARDS: First of all, I would like to commend all of you for your patience because I can, and your attention, because it's obviously been a trying evening for all of you as well as for other people here. My name is Bill Edwards, my wife Amei Wallach and I have had a home in Mattituck for 25 years and have resided there full-time for 18 years. It has never been rented for even an hour, although I served as a member of this Board for four years from 2004 through 2007, I have never risen to speak once here. I didn't think you needed Van Gogh's ghost. But I am moved by the current controversy to offer some thoughts on the proposed legislation regulating short term rentals, legislation I feel which will neither solve the problem it addresses, Amendments to Ch. 280, Transient Rental Properties page 39 Public Hearing August 11, 2015 it will not solve the problem it addresses but it will generate negative consequences which are not apparent today. I would argue that if the Town Board decides to regulate short term rentals, the maximum, and I can hear the argument, the maximum required rental should be no more than seven days and even that limitation should be adopted with eyes wide open to unforeseen consequences. Further, I believe that the proposed two week minimum.would largely destroy the primary market for seasonal rentals on the north fork, causing financial hardship for responsible homeowners who are presently able to rent their houses out to responsible tenants when they are not using them. These short term rentals help homeowners cover their expenses including their real estate taxes and the proposed two week minimum represents a major and a costly incursion on homeowners property rights. In the spirit of transparency, you should know since 2007, I have held a real estate sales person license through Beninati Associates. Since I am not engaged " as full-time graduate student at Stony Brook, probably the oldest graduate student in the state, my real estate activity has been minimal in recent years. My work in that field has helped inform my perspective on the issues here. Twelve years ago, Dan- Ross and I were elected to the Southold Town Board in a campaign where there was only one issue in dispute between the two political parties. The incumbent Town Board majority had put forth a proposal to rezone practically all of the R-80 land, undeveloped R-80 land in town to R-200 in an effort to protect Southold from the kind of overdevelopment which all of us want to protect Southold from. Both sides agreed on the goals, there was significant disagreement on the means. Our financial analysis showed that we would be cutting the value of the land owned by farmers about in half which obviously would affect their access to capital based on the value of the land they owned. I bring up,this ancient history only to remind everyone that in that election the voting public of the town made it clear that the Town Board should be extremely cautious in restricting property rights. Even when articulate voices were crying out loudly and convincingly for a change in the law to achieve a supposedly worthy goal. The lesson was clear and it turned out we were able to solve the problem by rewriting the subdivision code. And of course, two of you were involved in that without resorting to the upzoning which the public had refused to accept. Under our republican form of government, the six of you Board members are charged with representing the best interests of the community as a whole and-the most difficult policy decisions you have to make often come when you are forced to choose between property owners rights and some larger social goal. The short term rentals issue obviously,is exactly that kind of issue and that's why there is so much conflict here. While I hear the calls from several Southolders including good friends of mine, to control the number of short term rentals, I urge the Board to move with great caution in restricting homeowners rights to use their property as they have traditionally been entitled to. If in end you decide to enact legislation in limiting short term rentals to homes in Southold Town, I want to discourage you in the strongest terms from setting a minimum rental period larger than seven days. You are after all, undertaking by implication the issue of enforcement and the calls for enforcement may very well fall on the authorities who are working on weekends and evenings when complaints are most likely to be raised. I do want to say something about, to give you an idea of the sort of thing that this can imply for people that you don't think ahead about, two weeks ago, my son and his fiancée called and said, my son who is finally getting married at the age of 44, so I may possibly get a grandchild out of this deal, called to say that they wanted to get married at our house and most of you who have been to our house understand why they want to get married there, they asked if the wedding could be held at our house. Most of the guests would be coming from out of town, he is marrying a woman from Minnesota and in several cases they would represent family groups who would rather rent a Amendments to Ch. 280, Transient Rental Properties page 40 Public Hearing August 11, 2015 'home for the weekend of the wedding than be scattered hither and yon, B&B's, hotels, in Riverhead, motels, wherever. Some will undoubtedly wish to stay for a full week to enjoy what we have here and will spend their money on restaurants, retail stores and assorted services. They will certainly understand being asked to pay for a week's rent to cover really just a weekend because obviously we know where the value is in rentals but it is unreasonable for them to rent a house for 14 days when what they really want is an extended weekend. And these are families, people who like the idea of renting a house with three or four bedrooms where the family can have a sort of a mini family reunion as part of a wedding and those of you who have been to weddings where this happened, you understand that. Everyone who lives here knows that there are numerous beautiful venues on the north fork for staging a wedding, including but not limited to the wineries. And those weddings make a significant contribution to our local economy in a wide variety of ways. Several of the wineries rely on the cash flow from weddings and as a former Board member there, I can tell you that without the wedding revenues, Hallockville Museum would be hard put to survive as the fine institution that it is. Setting a 14 day minimum stay would remove private home rentals from the options of people attending weddings, as housing options, if they wanted to stay together in a private home. Thank you all for hearing me out on this topic, I have no doubt that the Board will adopt a course of action here to the best interest of the community as a whole and to minimizing the negative impact on property rights on the north fork. Thank you. SUPERVISOR RUSSELL: Thank you, Bill. VIRGINIA LUDACER: Hi, my name is Virginia Ludacer, I am a full-time resident of Orient and a long time proprietor of a mom and pop shop on Main Street in Greenport. I can confirm that we do rely heavily on the business provided by short term visitors as opposed to day trippers or year round residents. You can talk to my accountant and he would be happy to fill you in on that. I also know Penny who spoke out against short term rentals and I am really sympathetic to her situation but as I told her, nuisance properties exist in occupied homes and year round rentals, not just in vacation rentals and if noise is an issue, crack down on the noise complaints across the board. If overcrowding is an issue, crack down on occupancy rates across the board. I also have a property that I have listed on VRBO, I checked my records today and saw that I had rented it out 11 times over four years. A lot of people don't do this full time as a business, it's just something that they do occasionally. I am self-employed, I don't get paid vacation. I can't take off for 14 days but if I want to visit a friend in Maine for a week this summer, what harm is there if I rent my house out for that one week? I can hire a house sitter, I can lend my house to - friends but I can't rent the house out. It will be the same effect, there will be strangers in the neighborhood. The only difference is, I don't have the money to take a vacation. I am just urging you to please consider situations like that, there is no difference if I want to go see my family in New Orleans for Thanksgiving for a week if I hire a house-sitter to sit with the dogs, there's a stranger in the neighborhood. If I lend the house out to friends so that house is occupied, theres strangers in the neighborhood but I don't have the money to take the trip. Thanks. SUPERVISOR RUSSELL: Thank you. Amendments to Ch. 280, Transient Rental Properties page 41 Public Hearing August 11, 2015 SCOTT VAYER: Good evening, my name is Scott Vayer, I am a resident of Southold, I live here 365 days of the year and I have had two kids in the schools here. I have spoken before at these meetings and I appreciate that you are all still here and in fact, we have had many of these meetings at this point and now on the basis of this statute, this proposed statute, I would like to just give you some feedback on some of the things I just heard tonight. I think it's a very difficult position that you find yourself in because there are people who I know on both sides of the issue and I am sure that you know people on all sides of the issue. I have a dog, I don't rent my house. I don't take my dog with me to, when I go traveling, although he might like it. I might like it to but we have to have a dog sitter because we can't take the dog, well, I suppose we could book in a hotel, we have learned that there are hotels that will allow dogs but he is still going to stay at home, spending all his money in Southold. You know, I could begin at the beginning with the misstatements that I think Ms. Field made, maybe we will have a chance for that but I really want to address a couple of over-arching points as well as a couple of small legal points. You know, there has been a lot of emotional venting tonight, and I think in the end when you go home, you realize that you have to make the decision and it has to be, you know, we consider emotion and there's emotion on all sides, including people who have been distraught because they have had these terrible nuisance homes next door but people who haven't had nuisance homes next door and have been distraught because they have had short term rental situations next door. I think in the end you have got to separate out, you can't think about the emotion of any complainant. Because in the end, you have to make policy and that's always what we come back to. This is a question of policy and a question of what's going to be the best way for you to proceed with a difficult issue that is facing not just our town but lots of other, not just towns, big city's too, 'like we heard. New York. So there aren't necessarily clear paths, perfect answers and it's even possible, I know we think we might have the answer in this statute but it's even possible you will have to amend the statute again, god forbid. It could happen but I don't think that's a reason for inaction. And the reason it's not a time for inaction is that although we have now tabled and delayed a little bit, we have lost this year in terms of trying to regulate the situation and if people have said tsunami and geometric growth and all of these kinds of things but we really are in a situation where if I was a lawyer representing this, I would say to the judge we need a TRO, we need a temporary restraining order. We need emergency intervention. That's how fast this situation is developing and getting away from us and I don't think we want to wait until it's completely away from us until we do anything. You can always revisit the situation and you can consider amending this law, passing a broader code next year, it's possible. The question is, has there really been a paradigm change? And there has been a paradigm change because of the internes and I don't think anybody would be surprised. I mean, we all know what's happened with Uber. You know there's not just Airbnb, there are several of these companies that are operating this way. There are now companies that are doing in house catering, where the family makes the meal for the guests. All kinds of things are being democratized, in a sense, but it's also a very new form of laissez-faire capitalism. Some of it is good but it's disruptive and it is destructive, even when it's creative. We have to try to harness the good parts and not be destroyed in the process by the bad parts. You know, even in the area of securities which maybe seems a little far afield, I think it's very interesting. We always had, we passed the, you know, when you go to raise money for a corporation, sometimes you register and you do a public offering, it's very expensive and difficult if you are a small business you don't do that. you try to raise money through a private offering and so, this went on in the 20's and 30's and it led to havoc because investments got way out of control, we had the great Amendments to Ch. 280, Transient Rental Properties page 42 Public Hearing August 11, 2015 depression. Afterwards, in 1933, we passed a law, the securities act of 1933 and the securities act said from now on, if you want to go out and raise money, you have got to follow certain rules and we created the SEC and we said here are rules and people have to follow these rules and you know what? not every investment is available 'for every person who wants to get that opportunity. We only allow certain investments for accredited investors and that was the way the,system ran since 1933. We had an exemption if you wanted to do fund raising you could file for exemption under regulation D of the securities act and you could file all of your paperwork and you could say, okay, I am only going to show this offering to so many accredited investors and I could have 35 non-accredited investors could get offerings, a certain type, if I am only raising upto $5 million. I am raising $1 million, it's fewer. If I am raising unlimited amounts of money, then I can't show it to any unaccredited investors because I am not registered and I didn't do all the compliance. Along comes the internet and suddenly there's crowd funding, crowd sourcing,and you know, the economy was in a bit of a tailspin most recently, so the Congress passed the jobs act and the jobs act said, come on SEC, get off your duff and open it up and allow the internet to play a role here. People should be able to market their securities through the internet. Why not? It took the SEC two years but eventually they came out with a program, most recently 'I think in February, rule 506 C now permits fund raising and general solicitation using the internet for the sale of securities. First time. On,an unlimited offering but there's a catch, it has to be to only accredited investors. It can't be just, you know, they have got to have minimum net worth, there are many rules. Now Congress would not have done this and the SEC would not have done this, changing the whole landscape since 1933 if the internet had not caused a paradigm shift. But it did. So to say that this is the way it was 100 years ago or 500 years ago, please. It is just not true. We are in a new world and there are new things happening. Now the question is, how do we deal with it and I think that the new statute that you have come up with is a pretty good attempt to deal with it. People can rent their homes, as we have heard tonight, they can still rent their home's if it is owner occupied, this law has no effect on the rental of the home. If the home is not owner occupied; from what I heard tonight, most of the people renting their homes through this program are not owner occupancy situations and I understand, they want this to be here for them five years when they can finally get out here but you know, who says they are entitled to have two homes? Who says they are entitled to have two mortgages if they can't cover it? Now, they can cover it if they rent but they can't rent at Airbnb rates every weekend. All we are asking is make it two weekends. Now that does not mean that you can't have a family come in for one weekend. They just have to pay for two weekends. That does not mean that they have to pay double the rate, it just means you have to accept 50% of the rate. You can't be greedy. We heard"from people in this town who have lived here a long time and say that the prices are out of control, they' can't afford the supermarket, they can't afford this, they can't afford that. Why are prices, what drives this kind of inflation? What causes this? What causes this.is the' speculative bubble, exactly what we are talking about. If you want to h old 'things back so that our growth is controlled, not out of control, we have to apply some regulations. Two weeks is not a lot to ask for. That still allows you, that's not what,East Hampton did, that still allows 26 leases in a year. Now enforcement may be difficult but it's not impossible. And just because there is violation and we don't catch everybody doesn't mean that we won't catch somebody. Punishment in the legal system has a few purposes. Three that I can remember, one, which we all know about, retribution. You know, revenge. Let's get the son of a gun. And that may be, we can understand that in violent crime, we can empathize, that's probably the least important in our justice system. The second one, is rehabilitation. The wrong-doer maybe will Amendments to Ch. 280, Transient Rental Properties page 43 Public Hearing August 11, 2015 learn his lesson and rehabilitate himself. We try that, there is a lot of recidivism, so even if we put some of these short term renters in jail, I am not sure they might go right back and do it again. But the third, the third reason for punishment is deterrents. I assure you, if the town attorney holds a few people who violate the rules flagrantly to account under this law, the others will take notice and it's a simple commercial matter. They will simply say to their tenants you have to sign a two week lease, I will take less but you have got to do a two week lease and I want a security deposit because if you violate the rules, I am putting an indemnity clause into your lease. You are going to indemnify me all my costs, simple. You won't have those kinds of problems anymore or you will have it much less. Now the last thing I really want to address, even though I really would like to hit Abigail Field as the last thing but I am not going to because you have sat long enough but the thing I do want to address is this thing of equal protection under the law in the 14t Amendment because I never heard anything so outlandish, so while I was sitting here, I looked up an article on the site of the ACLU. It's called ACLU.org and it's an article about equal protection under the law and the 14th Amendment and it says right there in black and white, the first test that the Supreme Court requires that we apply is the rational basis test. The rational basis test has two parts that you have to fulfill. Number one, did the state have a reasonable purposed for passing the law? Quote unquote, a rational purpose. And number two, is there some difference between the two classes of people making it reasonable to treat them differently. The law is valid if the answer to both of those questions is yes. I would submit that that's the test that would apply here. But just so we are thorough because when we raise legal boogeyman and we threaten lawsuits, as I heard tonight, veiled but I heard it, let's at least be a little bit thorough. The second test that the Supreme Court applies is called the strict scrutiny test. The strict scrutiny test applies where the court sees some sort of classification on the basis of race or national origin or something that involves fundamental rights or some abrogation of fundamental rights like the right to vote, the right to have children, things of that nature and there where the classifications are made, these are called suspect classifications. These suspect classifications I don't think exist in our situation of short term rentals. Now that, as if that would be the end, it should be the end but you know, we keep, we keep having cases, so there's another test, it's called the intermediate scrutiny test. The intermediate scrutiny test is applied when the classification and discrimination is based upon sexual difference. Again, there's no sexual difference involved in short term rentals. So that brings us back to the first test which is the rational basis and clearly, clearly, you have a rational basis for the statute you are about to pass between the persons who are going to be regulated or going to fall afoul of that law and those who are not and the difference is the commercial activity that's occurring in the house, in a residential neighborhood. So I would simply submit to you that there is no 14th Amendment problem contrary to what you have heard tonight. We won't go into the 5th Amendment just now but I think that you are well on your way to getting a good statute passed and we can always look at it again. Thank you for your time tonight. SUPERVISOR RUSSELL: Thank you. KERRY NAVARRE: Hi, Kerry Navarre Mattituck. I have one question. What's the purpose of zoning? What's the purpose of residential zoning if people are going to come in and change it to be whatever they want it to do, rent it, do a concert in their backyard, do truck repair in the driveway even though it doesn't make any noise, it doesn't really bother the neighbors, just occasionally. The residential zoning, what's the purposes of businesses that have zoning for Amendments_to Ch. 280, Transient Rental Properties page 44 Public Hearing August 11, 2015 rental stuff, let's say hotel/motels, we are now put on a, we are head to head competition right now is this Airbnb. People are telling you stories where they are going to rent a house, so three or four families don't want to spend money for hotels and now the hotels are sitting empty a lot of the times because they are going to put three families in a house, five families in a house. Do whatever they are going to do, they could share a bathroom, they could sleep on the floor, they could put a tent in the backyard and it has had an effect, over the last eight years, this has been going on a long time, this is not recent, that has taken a toll. We have had a lot of properties that have gone in'foreclosure, you have had a lot of B&B's that the owners have had to sell their properties because they basically can't figure out where there business is going and I just heard tonight, there were a lot of heartbreaking stories tonight about everybody had a reason about why they had to break the law and rent their house illegally on these websites. No one mentions the fact that they don't pay any occupancy tax to Suffolk County, they don't pay any sales tax to New York State and they get away with basically having a commercial piece of property. They are basically real estate speculators that love their properties. So you have got to, you know, sit back and you have got to ask yourselves, where do you want this to be in five years? Right now, your decision that you're making is probably the future of this community. And when I say that it's the future of your families, you are all local people, grew up here. Your families are being priced out of the market. Right now, the savvy real estate investors are sitting on the sidelines waiting for your decision. When your decision comes in, then the floodgates are going to open. It's going to say, okay, the law is behind us, I can rent this house out two week period. One seven day period whatever it is. They are going to base that on their ability to purchase a property based on the amount of rental income they are going to get. I have spoken to a couple of people and they said they are thinking about, well, I might buy a house in Rhinebeck, I might buy a house in Newport, I might buy a house on the north fork and they are waiting and a couple of other communities but they are waiting, all these towns are in the same situation as you. What are they going to do about the Airbnb because they are basing their future purchases on what the towns decide as far as the regulation. If you put the brakes on the speculators, which is 30 days or more nothing less, then you are still going to have people that are going to rent, they are not going to be able to rent it every weekend or three days or two days or whatever they want to do but they might have to rent it once in a 30 day period, they are going to have to be registered with the town, I think you are going to have to come to a permitting and registering process, that goes without question. But the purchase price of these houses is now going to take a little bit of a break because they are going to say, hey, I don't have $20,000 a year in extra income to pay on debt service, so that's going to hold the prices down in the real estate market because what they are going to find out like everybody in the speculation market does, that all good things come to an end. And when you have, you know, 2,000 houses in your community and now they are saying I can only rent a week, I can only rent a week in the season because I am in competition with 2, 000 other people, now all of a sudden you have got a lot of people that can't pay these mortgages and then we will really hear the heartbreak stories how they can't pay their mortgages because there's nowhere else to go. There's no one else to rob. They can't rob the motels, they can't rob Riverhead, they can't do this, they are going to have nowhere else to go because they just over-saturated their market and that's where you have got to sit there and say, five years, ten years from now, where do you want this town to be? And the brakes, the control is all based on actually this decision. this probably effects the future of this community more than anything that you guys can do with regulations and zoning because right now you are breaking the zoning rules and you have got to really decide, do you want your families to live here or do you want it Amendments to Ch. 280, Transient Rental Properties page 45 Public Hearing August 11, 2015 . to be, you know, go look in Queens, go look in Hampton Bays, it's, it's Queens used to be single family houses. First they started making apartments in the houses and they made the house have one extra family. Then they took the house, divided the lot and put two houses on the lot and they got two families and now you got all attached houses and don't think it can't happen here. You can say whatever you want but it's this onslaught of pressure from you know, professional attorneys and professional people that are actually, you know, running ads in newspapers to bring out you know, everybody in the wood work to come out against you, feels like a tidal wave. But they, they're 30 people, whatever it is, you still have you know, 15,000 people here that aren't in favor of rentals and they are the silent majority and this is why you have to decide if you want to change the nature of your community because once the floodgates are open, it's - gone. You are not going to get it back because if you have thousands of rental houses, you can't stop it and that's what New York City and all the suburbs did, they couldn't stop it. So what did they do? They just let it go along with it and you just lost your suburban atmosphere. And that's, ' unfortunately, you guys have the biggest decision probably that anybody's had in this town and that's to decide the future and that's whether or not you are going to slow down the growth and you know, pass something that's a minimum of 30 days or more. That's basically it. So, it's a quality of life issue and as the population goes up, the quality of life goes down so what everybody came out here for is not going to be here. If you think the roads are bad now, watch it five years or ten years. You have got to really look forward and whatever the worst case scenario is, that's what's going to happen. Thank you. DENISE RASKA: My name is Denise Raska. I am the person and my family are the people who you are all mad at. We just got here and we came here because it's a beautiful, beautiful, beautiful place and we want, my children and I, we bought a house together because we were responsible and we wouldn't buy anything we couldn't afford. And we have a lovely grandchild and other members of the family that we want to share and we do rent out when we are not here. We are here most of the time. We are here all of August, I stay out here all of August. I have been here, this is our second season and we come two weekends during the year because we work. We can't hang out during the week. I don't live in Manhattan, I am not Manhattanizing you, I live in Katonah. It's a lovely place in northern Westchester, New York. But there's no water there and my dream was always to have a place with water, I want to retire here and I feel very badly that I am not welcome because I think I would be a great attribute to your community. As will my grandchild who I hope will grow up here and love it, maybe someday buy a home here. The reason why we rented out is that it helps us with making our property a better place. We are very particular who rents our house and I think most people who rent are, because I don't want anybody messing up this beautiful house. So I just, you know, I heard so much about the kind of people who rent here, I am well educated, my husband is well educated, my children are well educated. We are good people, you want us here. We are going to be an asset to your community and I would never rent to anyone who would be a poor renter and if they were a poor renter, I would never rent to them again and I would give my apologies to my neighbors. It hasn't happened yet but if it did, I surely would not allow them to rent again. I also want to say that either you allow people to rent or you don't. The zoning laws are at question, okay, then you shouldn't allow any rentals at all or you allow people to rent. It's one or the other. It can't be the zoning laws say you know, this is not a business area so you only can rent for two weeks or you only can rent for a week or a weekend. It either is or it isn't. And we would follow whatever rules that you make because we are good people. Thank you. Amendments to Ch. 280, Transient Rental Properties page 46 Public Hearing August 11, 2015 SUPERVISOR RUSSELL: Thank you. Can I just say one thing before you speak? I tried not to speak all night but one thing I think both sides, the mistake each side has been making and I have been dealing with both sides for several months now and that's mischaracterizing what the other side is saying. I have to tell you, I have met the owners of most of these short term rentals, they are people that care about the community, no doubt. They have absolute commitment to this community whether they rent these homes or not. They are not rapscallions looking to just pull money out of the local economy. At the same time, the people who have concerns about short term rentals, they are not small-minded townspeople running around with pitchforks and lanterns. They have genuine concerns and they are legitimate and they are more far-reaching than just the cars out front or just the noise on a weekend. You know, there's an awful lot to both sides, there's a lot of merit to both sides of the discussion, I just think we all need to understand that. You know, either side has something important to say. UNIDENTIFIED: Inaudible. SUPERVISOR RUSSELL: No, no. I am not referring to you. I was actually defending you. UNIDENTIFIED: Inaudible. SUPERVISOR RUSSELL: That's what I am defending. I met people just like you right along who have just as deep a commitment to this town, even though they are renting short term as people, you are people with deep commitment just like I have. I met most of you and that's what I was trying to say, that others shouldn't characterize you as just trying to pull money out of the local economy. That hasn't been my experience. ABIGAIL FIELD: Hi. I have already spoken, I won't repeat what I said. I frankly feel personally attacked because I have been told there were a lot of misstatements but nobody named one of them. I was told I had a bunch of misrepresentations and I threatened lawsuits which I did not do. I pointed out that you have one provision that is spatially unconstitutional, it doesn't damage your whole bill and you can strip it easily but you should before you pass this. I want to address a couple of the substance points that I think have been misleading because I have been accused of being misleading. I would like to make some things clear. One of those things is that the advent of the internet, as much as it has created Uber which is fundamentally different than taxis because Ubers are not regulated and there is no oversight and as much as there is a brand new way to raise capital and I know about the jobs act and as much as there are transformative, disruptive and frankly in my view, often quite dangerous things that the internet is allowing, escape from the regulatory state, okay, it is the false dichotomy that's being set up here is that it is a minimum night stay or nothing and there is a way to impose regulation. We can anti-Uber the Uber. We can bring Uber up to the speed of the taxis in the sense that we are saying regulate. Give us, make us register, give us restrictions. Nobody that rents defended the nine cars and you point out, I know it's true that there are people that say we don't like the turnover, that's true but they are not coming to say that at the hearing. What we hear on that side is the nine cars, we hear the loud noise, we hear those complaints. Nobody who rents defends that. We all want that to stop. A solution for that behavior is a permit that makes it easier to enforce your quality of life restrictions. That does not address turnover, I grant you that. if you are going to define the Amendments to Ch. 280, Transient Rental Properties page 47 Public Hearing August 11, 2015 problem as turnover, then you are looking at a minimum but that does not address your quality of life issues and I tried to point'out, people say so what's the point of criticizing the enforceability of a law, just because we can't enforce it doesn't mean we shouldn't pass it. Look, I am just saying that you can do something enforceable, something that actually would work, that addresses the quality of life issues. I am not saying, don't pass a law. I am saying let's try to . solve a problem. Right? And the problem, and there is an issue when you define the problem as turnover and that is, you heard an owner here say I rented for a summer and then the tenant sublet it out. I rented for a month and then they sublet it out. You heard somebody else say I had it listed with a broker for the summer, nobody rented. I had it listed for a month, nobody rented. Yes, there are extraordinary properties out here that the people who can afford those rentals will take. But that is not the bulk of who is doing this and you heard a lot of people say you don't have the data for this decision. I think that is reasonably fair. I think you should take a good look at the situation. I think that you need to do some very clear thinking about what it is you really want to solve and I am not belittling people who aren't taking this seriously. But the internet in this case all it has done is make it easier for the willing renters to find the willing landlords. You have heard the description of the tenants who come. These are the same tenants who have been coming. All that's happened is it's made it easier for these two to connect. It isn't a new class of people coming. You are worried about, you want to worry about Montaukization, I think that's, Montauk's having a nightmare, right? Montauk's nightmare is the nine cars, loud parties, 20 people in the yard nightmare. You can shut that down with a permit and a registry. You can shut that down. You have got Montauk having a big problem -because people are overserving people, nobody's.enforcing, the article all about it was about drunk people walking around in public. That's not our issue. We have families and their dogs and their kids. So I just, you know, after being accused of all this misrepresentation, hearing all this talk about people saying there are problems of these quality of life issues and then coming back with a minimum that doesn't match as a solution I just would like to clarify. And then the last thing to point out, somebody mentioned how East Hampton has a two week minimum and they have lots of tourists, well, go on VRBO there's lots of short term East Hampton rentals. I just did it while I was here and I know there was a narrow window that East Hampton was allowed to do that, it doesn't change, there's no way all those ads are compliant with East Hampton's code. So 'enforcement's a real issue and turnover I don't think, if turnover is the problem, you are going to have to really rethink how you are going to make... SUPERVISOR RUSSELL: Don't define the problem, that's simplistic. There are several problems that we are trying to address. MS. FIELD: Okay, so let's... COUNCILMAN DINIZIO: Can I comment? I have been involved with the Town about 30 years, okay? I sat on the Zoning Board for 25. I have dealt with this code for many years and ' ,- what you are saying to me right now indicates to me that you haven't read our code. And I thought we solved the problem of having homes that would not be party houses, that wouldn't have cars parking all over the place by requiring people who want to stay here for a couple of days to stay in a home that has the owner in it, okay? That's what our code says. That's what B&B is, okay? and this is called Airbnb. And I just kind of think that you are kindofstretching things if you think that, and it's only my opinion, anything_that you have done so far is legal. I Amendments to Ch. 280, Transient Rental Properties page 48 Public Hearing August 11, 2015 don't think it is and I am going to tell you, I don't want to see it legalized. I don't want to see Airbnb homes legalized in residential zones. It's not going to be good. Because I have dealt with the code in other ways and okay, it's all fine that you all are very nice, it's nice, it's doilies and you know, even B&B's serve bread and breakfast and we have wineries that were 'supposed to be just tea and crumpets and a little bit of wine, okay, look what it turned into, okay? and as these things turn over and as people have to start making more money to support, you know, the new use that they suddenly get, they are going to pump it up a little better, okay? we have a winery in town that did that. The result was not good. Okay? and that's what I see here, so quite honestly, I have been sitting here, I have been listening, I have heard town people call, like Scott said, you know, not very nice things and look, we have worked with this code, we, I like to take slow steps and like to see it come out at least some compromise but if you are not going to at least admit that all you have been doing, that you didn't even bother to look into the code, then I don't know where we start with that. MS. FIELD: So, I have read the code and I have read the definition of a B&B and I have read how a B&B is an owner occupied property and I could not find anywhere in the code where it said the only rental allowed in a residential neighborhood is in a B&B or owner occupied property... COUNCILMAN DINIZIO: Well, no.... MS. FIELD: And your premise that this is illegal, you said this in your online comment also when you said this, is that the only way the code currently allows rental in a residential neighborhood is as a B&B and that sentence just isn't in there and not only isn't that sentence in there, you took a principal position which I complimented you on that 7 nights, not 14 was appropriate because of the long standing history... COUNCILMAN DINIZIO: I took the 7 night stand because it's in our code. MS. FIELD: No, you... COUNCILMAN DINIZIO: If you want to stay (inaudible) MS. FIELD: We can rewind the tape on Channel 22. COUNCILMAN DINIZIO: In our code, it tells you, you have to stay in a motel, in a transient motel, you have to do those things. MS. FIELD: We can rewind the tape sometime... COUNCILMAN DINIZIO: Well, I am assuming that's going to be challenged. MS. FIELD: But you said that you recognized that one week rentals have a very long history in this town. COUNCILMAN DINIZIO: I do. Amendments to Ch. 280, Transient Rental Properties page 49 Public Hearing August 11, 2015 MS. FIELD: And you said that you (inaudible) and I compliment you for recognizing that. either those one week rentals have all been illegal because a lot of the rentals here have been one week rentals, alright, that you have been hearing about and the way you talk to me about this or they haven't. I read the code, I don't see a sentence that says the only way you can do this is a B&B and clearly your other council people, at least some of them, do not because they wouldn't have debated the prior legislation the way they did, if they agreed with your read of the code. But I respect your opinion... COUNCILMAN DINIZIO: Well, I think the conversation really was 8 days or 7 days. Okay? Quite honestly, if people are worried about weekend after weekend after weekend seeing different people next to them, okay, that's what people were worried about and I think that the 14 day eliminates that, okay, except for the people who want to break the law, except for the people who want to go around the law, okay, then yeah, okay, those people we are going to have trouble with. But we are hoping that you're not one of them and the 12 people you represent aren't those people either. MS. FIELD: The 23 people I represent currently are not those people but they are afraid if they do a 14 night rental or a one month rental, that they have lost control of their property. Because it has happened to them but no, the whole reason they hired me and by the way, the other kind of weird thing that's been said is if there is some unfair advantage, right. You don't take me any more seriously than you take somebody else coming up here, it just is helpful and convenient for people to talk to, I am not some super person that comes in and waves a wand and makes you all do something because I am lawyer. It is amazing, the tenor of some of the things that's been said but in any case, I just appreciate that you guys have been trying to be thoughtful, you have been very patient to hear everybody out and I hope you take very thoughtful, very thoughtful and careful consideration of this issue before you make a big change. Thank you. SUPERVISOR RUSSELL: Thank you. LORI HOLLANDER: Hi, I just want to say that East Hampton has a slightly, has an addition to their code and the reason you might see a weekend rentals listed in East Hampton is because the residents there are allowed to rent less than 14 days but only two times in a six month period, so if you look and you see weekend rentals, that is probably the reason, they have that two time opportunity. That's all I wanted to say. JEANNE COOPER: I will be real quick. SUPERVISOR RUSSELL: Sure. MS. COOPER: AT the very beginning and I just wanted to kind of bring it all back in a few sentences. I forgot to mention that I was on the Planning Board of the Village of Greenport, I was the chairman and we worked with the State and we drafted the second waterfront revitalization plan that was adopted in New York State and I had the privilege of being on the Board at the time that we passed it. In doing so, we changed zoning right out from under property owners in order to have it for the better good. The Mitchell property that you all enjoy on the park was supposed to be Kenny Tedaldi's B&B that's across from the nursing home up on Amendments to Ch. 280, Transient Rental Properties page 50 Public Hearing August 11, 2015 the North Road. That's the courage and I don't say it just myself, that's the courage it takes and the foresight it takes for a governing board to look at the zoning code, to look at residential uses, what is the best and highest use for the populace in general. Not for people, all this was very compelling about how they want to keep their property, they live in Massachusetts, someday we want to live here, very compelling. Your job and you have an absolute right to determine how the use of a property in a residentially zoned area can be managed or used and I applaud the fact that you have listened to all of us, you have been very gracious and that you are taking this very seriously because I do believe, as that young man said, the decision that you are going to make about the housing stock and the use of that housing stock in this town, it is going to be fortuitous to how the future of this town progresses. We are at a crossroads, we just came out of a recession, properties were almost within reach of our young community people, just almost. Now we have people that own homes that have to run businesses out of those homes by renting properties weekly or daily in order to hold on to those properties. That's not an appropriate use. A business rental, transient hotel use is not an appropriate use in a residentially zoned property. I applaud you, I would ask you once again to look at the broader 10 year plan and also to please reconsider a 30 day which is more in keeping with seasonal rentals than the daily or weekly. I am done. Thank you very much. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board? (No response) This hearing was closed at 11:16 PM * * * * * Eld.eth A. Neville Southold Town Clerk ' Neville; Elizabeth From: Neville, Elizabeth Sent: Wednesday,August 26, 2015 11:30 AM To: Norklun,Stacey Subject: FW: Short-term rental law LF From: Russell, Scott Sent: Wednesday, August 26, 2015 9:35 AM To: Jim Dinizio; Jill Doherty- Forward; Bob Ghosio; William Ruland; Louisa Evans Cc: Neville, Elizabeth Subject: FW: Short-term rental law From: John A Viteritti [mailto:jviteril@optonline.net] Sent: Wednesday, August 26, 2015 9:08 AM To: Russell, Scott Subject: Short-term rental law Dear Scott: Congratulations on your successful efforts to pass the short-term rental law. I wish you success on its implementation. Sincerely, John A. Viteritti 1 Neville, Elizabeth From: Russell, Scott Sent: Wednesday,August 26, 2015 9:35 AM To: Jim Dinizio;Jill Doherty- Forward; Bob Ghosio; Louisa Evans;William Ruland Cc: Neville, Elizabeth Subject: FW:Great Job! From: Miriam & Michael Lastoria [mailto:miriamlast©yahoo.com] Sent: Tuesday, August 25, 2015 10:05 PM To: Russell, Scott Subject: Great Job! 2330 Anchor Lane Southold, New York 11971 August 25, 2015 Dear Supervisor Russell and the Board, We just looked at the Suffolk Times on line and were thrilled that our town board passed a 14 day Rental Law and with teeth in it !!! How lucky we are to live in a town where are elected officials are sensitive to the opinions of the residents. We are appreciative that you understand that we want our quiet residential neighborhoods to remain that way. We do not wish to have revolving door rentals on our quiet lanes and streets. Thank you again for caring for our town! Respectfully, Michael and Miriam Lastoria " William D. Moore Attorney at Law 51020 Main Road n', Southold,New York 11971 1 Tel: (631)765-4663 Fax: (631)765-4643 August 17, 2015 Hon. Scott Russell, Supervisor Hon. Louisa Evans, Justice/Councilwoman Hon. William Ruland, Councilman RECEIVED Hon. James Dinizio Hon. Robert Ghosio Hon. Jill Doherty AUG 2 1 2015 Southold Town Board Town Hall Southold Town Clerk Main Road P.O. Box 1179 Southold,NY 11971 Re: Short term rental Dear Supervisor Russell and Members of the Board: I have been following the back and forth discussion that has been held with respect to short term/transient rentals by reading the hearing transcript, local press coverage, and attending the public hearing last week. I encourage you to set aside the present legislation with its 14 day minimum requirement. I know that each of you on the Board has the community's best interests in mind as you consider local legislation. With that in mind, I believe the 14 day minimum stay does not seek to regulate short term rental, but to prohibit it. You received a lot of comment explaining the typical length of visitors' stays, and 14 days was the exception, not the norm which is long weekends to a week at most. The 14 day minimum bears no relation to the actual rentals taking place, and begs for owners to engage in "clever" renting to meet the real needs of those renting for shorter periods. I did not see any information from our police department indicating that short term rentals were causing excessive noise or disturbance in the community. Instead, those opposing short term rental stated a generalized concern over the changing identity of guests in their ,immediate neighborhoods. With no increase in reported robberies, burglaries or other misconduct associated with our transient visitors,this stated fear of strangers is not justified. It appears that the complaints you have received are anecdotal and do not represent a problem requiring such a draconian act as prohibiting these rental opportunities for guests and visitors seeking to enjoy some time in our community. William D. Moore Attorney at Law August 17, 2015 Re: Short term rental I did some research and have learned that according to the 2010 U.S. Census Data,there are 15,377 total housing units in the Town. And as I read the comments that have been given, it is stated that there are approximately 300 homes being offered by owners for short term rental on the websites. That means that less than 2 percent of the homes in the entire Town are being made available for short term rental use. A whopping 98 percent of the dwellings in Town are NOT being used for short term rental. If only 2 percent of the homes in Town are offered,then the overwhelming majority of the residents and homeowners in Town are NOT experiencing whatever supposed impact that short term rentals are having on our community. And, as the Supervisor noted at the June public hearing,the Town is not getting complaints about loud music or disturbances. There simply aren't enough short term rentals to have an impact. Just because AirBnB and similar companies have made it easy for owners to list their properties on a"new fangled" computer app doesn't mean that many owners want to make the effort needed to properly host guests in their homes. And the fact that only 2 percent of the homes in Southold are being offered is proof that the easy to use computer app has not created a large market of homes for short term rent. Let me share an anecdote of my own. My home is less than 15 feet from the home next to us. That neighboring home is available through an on-line listing. The guests who have used that home have been kind,thoughtful neighbors enjoying the lovely community. In fact, we have met people from around the world who have come to enjoy vacationing here, and we have had the pleasure of sitting and enjoying dinner with them, and getting to know and make new friends. You have indicated that a comprehensive rental law is under consideration. I encourage you to focus your efforts there. To insure that rental homes are safe,that owners are held accountable for the conduct of their renters with appropriate rules to protect the character of the neighborhood from undesirable conduct. The proposed legislation does not address any of these issues which I believe are the legitimate concern of local government. Thank you for your time and your service to the community. Very truly yours, `� Priv ii'ia�rs of Southold Tovvn Board Page 2 of 5 2015-08-12 20'29 05(GMT) From. Salem M. Katsh Salem M. Katsh 65 Ryder Farm Lane Orient NY 11957 646 712 1347 631 323 8264 August 12, 2015 Southold Town Board H1 _ r Th 53095 Main Rd P.O. Box 1179 —1')}Southold, NY 11971 w AUG 12 2015 SUPERVISOR'S OFFICE Sent By Fax: TOWN OFSOUTHOLO 631-765-1823 Re: S/ztrrt-terrn_Rotrcl Prp, vsgls To: THE HONORABLE MEMBERS OF THE SOUTHOLD TOWN BOARD: As I watched the video of last night's meeting, I became increasingly chagrined that, with the exception of Abigail Field, no one was addressing the real issues. I have been a taxpaying resident of the North Fork for 30 years (two vacation houses on Shelter Island and now retired at above full time address). I love this area and do not wish to see its character negatively altered. The instant proposal, however, if enacted in its present form, will assuredly lead to strife, suspicion, and a decay in our communal character. Importantly, there are good alternatives that would not pose such serious risks. For nearly 40 years, I practiced as an equity partner in NYC with two of the largest international law firms (Weil, Gotshal and Shearinan & Sterling). I have repeatedly been voted and selected as among the Best Lawyers in America. In the course of my practice I have worked on many matters involving constitutional law and statutory interpretations. I have represented major multinationals (GE, GM, Panasonic, Reuters, and many other large and small clients). I say this in the hope that you will not discard 1 , Members of Southold Town Board Page 3 of 5 2015-08-12 20 29.05(GMT) From. Salem M Katsh my words as purely partisan, which they are not. My next-door neighbor rents his home on a weekly summer basis--different folks and families virtually every week, some noisier then others. But I hardly require a new law to help me deal with a scenario of bad partying. I am writing this because it is reasonably possible that, given my background, I may see legal issues that others may not. With respect, I believe that is the case here. I do not want to see the Town, for no good reason, become enmeshed in a complex and costly litigation. So to the substance of what I wish to convey: Last night's hearing clarified certain very important legal— constitutional-- issues. First and most basically, as Supervisor Russell slated, we cannot really talk any longer about needing a new law because of noise, parking and parties. Numerous code provisions carrying serious penalties already cover these complaints. See, for example, Sections 180-5 (noise), 174-5 (littering on private property "whether owned by such person- - - - or riot"). Instead, as Mr. Russell explained, those favoring the proposal are motivated by a concern for quality of life, which they believe can be spoiled by renter "turnover." I attended the May 19`" hearing (recall the speeches against "immigrants", "people from Brooklyn", etc.) and have reviewed other record materials on this issue that are replete with such xenophobic views. I am of the considered view that, as with many efforts by a majority to prejudice the basic constitutional rights of"outsiders" and "undesirables" (e.g., the right to free movement, to live where one wants), the justification of"turnover" is a veneer for the kinds of code words (minorities, Hispanics, immigrants, blacks, etc., and other such epithets and appellations) that courts are now very adept at discerning. Like voter id laws passed by States that have tried to justify the restrictions based on the alleged danger of"voter fraud", hundreds of such laws--federal, state and local--have been challenged and stuck down as transparent efforts to discriminate against protected classes. I cannot tell you how a legal challenge to the short-term rental proposal would be resolved if there were to be litigation, What I can offer is my firm belief that something smells wrong, and most federal judges have 2 To. Members of Southold Town Board Page 4 of 5 2015-08-12 20.29.05(GMT) From. Salem M. Katsh • good noses. There are, as Abigail mentioned, First Amendment issues—they are not simple and one would treat them cavalierly at their peril. But beyond the enforcement issues, for the reasons just mentioned, the law would be subject to attack as a violation of due process and equal protection. A legislature cannot engage in discrimination lacking a legitimate purpose, and I suggest that this law could well be seen as lacking any legitimate rationale. And, while a legislature has wide powers to restrain and restrict private property rights, these powers too are subject to constitutional invalidation if they lack a-rational basis. As we have now all come to realize that the sole remaining justification for banning short-term rentals is some vague concern about undue "turnover"--as to which I don't believe we have actual data, and as to which it may well be impossible to show that there has been any meaningful, relative change over past years and decades—there is a major risk that the only basis for the proposal will be seen as irrational in the sense that it has no real meaning (save to discriminate, which brings the analysis full circle). Moreover, the concerns expressed might well be better or entirely achieved with far less draconian rules, another key factor courts will consider. I would also say that the Board should seriously consider legal advice offered in good faith. I thought it was in very bad taste for Mr. Dinizio to baldly accuse Abigail of not reading the code. Of course she read it. I have read it. Any lawyer worth his salt would axiomatically review the code before speaking on this issue. The Board should have immediately distanced itself from Mr. Dinizio's insulting attempt at intimidation. It also serves little purpose for the Board to continue allowing Mr. Dinizio to express his fantastic interpretation of the code—that is, his stated position that since B&B's are regulated in terms of operating for 7 days or less, rentals by non-B&B residents for 7 days or less are outlawed. I suppose he believes what he saying (that anything the Code does not allow is prohibited), but no matter how many years he claims he has studied the Code, he cannot alter the rules of statutory construction which go back at least two thousand years. The rule in fact is the direct opposite of what he claims-- Nulla peens sine lege. Frankly, I think the smart, prudent and statesman-like thing to do would be for the Board to advise the community that: the issue is quite complex and does raise legal issues the Board feels obliged to study further; 3 Tic: fJie�rt�.�rs at Southold Town Board Page 5 of 5 2015-08-12 20 29 05(GMT) From. Salem M. Katsh serous issues have been raised as to enforcement; there does not appear to be some emergency and the season is almost over; and that on reflection the Board feels the issue is best taken up as part of the overall rental law that the Board is working on. If you believe that I could make any meaningful contribution to your deliberations, I would of course be pleased to assist. Very truly yours, >�r ' Salem M, Katsh By the way, another rule related to legislative action is that governments should never enact a law that most of the community cannot or will not comply with. Such a law accomplishes little and erodes due respect for the Jaw and our institutions. 4 .. f " or iItait 14 111** 4.. 4 , ' . , ., .. . .. t. .....-...,, - �.. W `4,4% A . • '�r `' + a.r s°' i .t T . r- Iá i II. - ' •,,,,,„.' Itile-. 'N.. .4 = .... wr 1 ' , Iii cc ' --- ate° _ firirl • 4 ,,.. ... 0.._ . _.,...10 iitirt..........-z. . . . ... ...... r,- , . .. . • .+� ,I+ 4. loot f t 11 illi 4 Y a ' .4or: « r . Cc. )-<= • / F y+l r.�` I. 4 1.1{ • 61*• �YY.' --s . . ~ �., y J �1�' u E4 Co kelt' Sots Re.ce a 4 $- [t- IS P . 4 Testimony re Short Term Rentals Legislation,Southold Town Hall,August 11`h 2015 Let's talk about strangers on our blocks. If your block is like mine,which is small and quiet,come summer it's packed with people and guests. Everyone is out and has their friends and families and their friends out.It's non-stop all summer of guests visiting the North Fork.They come for the beaches,wineries and,summer fun. I don't know these people but most are friendly.Parties happen as they always do when many people gather in the summer. People have been coming to the North Fork for the summer for generations.Half the people here started with family vacationing here years and years ago and loved it so much they moved here. That's what my family did.Three generations of coming here.My parents moved here in the 60's and I have several family members that live here now.I bought my house 4 years ago and plan to retire here.I love it here.But I am still working and my career is in the city;I can't do the commute.But,in 5 years I will be here full time and I can't wait. In the meantime I have spent my life savings on my house.My job demands are the highest in the summer so I can't get out much.So,I rent to families that want to enjoy the North Fork.Families with children and maybe a pet,that want a family setting for their vacation.They want to enjoy what the North Fork has to offer,a beautiful and quiet vacation. These people are and have been accepted on my block and enjoy my neighbors.Never have I had a problem in two years that I have rented.All the people on the block are having guests and extended families and friends in too.It's summer for Pete's sake. The money I have made has all gone back into the house.I had waterfront damage from Hurricane Sandy. The rentals covered that.I didn't have money after my renovations.It went to landscaping and many other home improvements.All this money went to local people doing the work.The lawn care,the house cleaners,the garbage removal all is done with local people,all in the community. Plus,don't forget all the money the renters are spending locally.Eating out,shopping,boating,going to our beaches and wineries.They are on vacation and we all spend more money than normal on vacation. The local merchants and the community benefit from this.It's what gets everyone through the slow months of winter. There are many problems with people who own their homes and have parties all summer long too.How will we control all these people then?We all know such neighbors exist.What do we do about them? There are no parties allowed with my renting.Limit of 2 cars only.I can go on about all the rules that are in the contracts but the point is it works and all are as fine on my block with my rentals as I am with their guests. I rent my house through a property management company.They get the people,interview the people,and draw up the contracts,and they check on these people.It works.I WOULDN'T JUST RENT TO ANYONE.This is my home and these are my neighbors that I care about.I see no reason why I can't do this.Your restrictions will only lose the renters and the money they bring into our town to help everyone get through the slow times. The proposed legislation doesn't make sense to me if you all look at the big picture. Patricia Walker 1020 Ruch Lane Southold,NY 11971 Public Testimony on Short-Term Rentals: August 11, 2015 A 14-night Minimum serves no one. I own a home that I have offered as a short-term rental property. Before you chase me off with torches and pitchforks-let me say that I didn't just drop out of the sky- I have decades-long, deep-rooted connections to the North Fork and it has been a primary residence at times and second home at other times for much of my life. My mother ran a horse farm in Jamesport for years after my father passed away,so I have spent a great deal of time on the North Fork. After many years of dreaming about owning a home here,several years ago,my husband and I purchased a dilapidated cottage in a private community where at least 50%of the owners are seasonal residents. It was a mess, but it was all we could afford.The prior owner had died at least a year before and the house had been sealed up full of old and rotting furnishings,growing mold and mildew.The lot was completely overgrown and littered with debris;garbage and broken beer bottles were everywhere as well as telltale signs that is was becoming a frequent hang-out for local teens looking for mischief. Prospective buyers likely ran from the place from the smell, and enormous amount of work needed, and we were almost one of them, but we really loved the area—and so we decided to roll up our sleeves and empty our bank book. We spent the lion's share of our savings to renovate the biggest eyesore on the block into one of the prettiest. It is no longer an abandoned wreck but a home we enjoy spending all of our free time in. Our neighbors are thrilled to now see a lovely cottage that only enhances the appearance of the block and the real estate values of their homes. We have become close friends with our neighbors and socialize with them frequently. In fact, I was just elected Secretary of our Homeowner's Association. In fact,we never intended to rent our home, but a major financial event forced us to consider it as a means to hold onto the house that we had planned our retirement around. So,we did our homework and hired a responsible professional to manage the property; an owner of a bed& breakfast who knew how to carefully screen and attract quality people, manage the cleaning and check-ins of guests and ensure that all was properly handled. It is an expensive endeavor to do this in a way that we are comfortable with, but we have been renting the house through her—without incident-for the past 3 summers.The rest of the year,our family occupies the house weekly. Our short-term guests are almost exclusively families;some with a grandparent,young children and often a dog. Every one of them has been respectful of our property and neighbors.These are guests who want nothing more than to have a peaceful 3-night stay or week-long vacation. They walk to our private beach, dine in local restaurants, pick pumpkins and apples,visit the vineyards, rent bikes and kayaks and shop local for souvenirs. My neighbors have had nothing but praise for the people who have stayed in our house.When guests book our home,they are advised of the rules; and they are unwavering: no parties, no additional overnight guests, no noise, pick up after dogs, park only in driveway,etc. Broken rules equal a broken lease agreement and forfeiture of paid rent. No exceptions.To date,we have never had an issue with any guest. When we purchased here,we knew of others on the block who were renting short-term. It didn't bother us and none of the guests on the block have ever created a problem.We did, however, also have a home that went from short-term rentals to long-term/yearly rentals and the change was dramatic.The long-term folks had many cars and things quickly started to look a bit rough around the edges.There were too many occupants for the small house and the property was no longer kept as neatly as it had been with the short-term guests.Thankfully,those tenants have since moved out.The property„ returned to short-term renting and the home is once again being well-maintained. I believe that while nothing can replace pride of ownership, a short-term guest will never impact a neighborhood like a bad full-time tenant can. I think anyone who has had a horrible neighbor would rejoice in knowing they'd be out in a few days. Many of our guests would like to return and we'd like to be able to welcome them back. I know that homes like mine have been available for decades.They provide accommodations for families with children and pets;guests who would otherwise not be appropriate at a hotel or bed &breakfast and there is a need for it. However,the demand is not endless and the marketplace has a way of self- correcting.Anyone who might think that this is a way to make money has probably never tried it. For us, at best, it is a way to help cover some of the expenses, but we definitely do not make a profit. It is a lot of work, but we hope to be able to continue until we can retire here full-time. The North Fork is dependent on tourism to fund the open spaces we love. Farms and vineyards,shops and restaurants require more customers than the local resident base can provide.And,with such a short season,turning away a significant portion of our seasonal guests will have a devastating impact on those who rely on tourist dollars to survive.The money must come from somewhere—and the fact that many businesses close for the winter underscores where that money is coming from. Mandating a minimum stay of 14 nights,will have the net effect of eliminating Southold as a vacation destination for the families we host as guests.This is not a threat, it is a fact. In the 3 summers that we have offered short-term rentals,we have only had one family rent our home for more than a week; and that was a 10-day rental.Those who are law abiding will simply go where they are welcomed. Others will get together,and without the owner's knowledge or permission,will carve up the 14 nights among themselves.This is a frightening prospect for all concerned as the owner now has no control over his own property!This will happen and it will bring the kinds of problems that are avoidable. Instead,we favor a permit requirement that comes with rules of conduct and provides resources for enforcement. Southold is a wonderful and friendly place.Short-term rentals predate most of us.As homeowners,we care as much about our home, neighbors and community as anyone else does.We have poured our hearts and resources into our homes and we are not going to do anything that jeopardizes it or our community, but we need to work together on the best solution for all concerned. Sincerely, Laurie Bloom -. _o Southold Town Public Hearing August 11,2015 I am Marie Beninati, I am a small business owner in Southold Town and am a resident of the town. I have three properties in Southold Township,my office and home in Peconic and a home in Southold hamlet and I am a Real Estate Broker. I would urge the Town Board and the public here at this meeting to sort out of this discussion all the emotional hysteria that I have been hearing that is not based\on facts but rumor, innuendo and sheer exaggeration. And look at the facts before we make laws that punish the people who abide by them, and erode our freedom and property rights that we all cherish. 'have been assisting members of this community and Riverhead for 15 years with rentals—some year- round and some seasonal. The reasons people rent their homes are numerous—but mostly it is to help them cover carrying costs like taxes and utilities. In some cases,owners forfeit the joy of being here in the summer to rent their homes so they can pay their mortgages,taxes, etc. It used to be that homes were rented for entire seasons often by heirs of homeowners because it was an idle asset.Today,very few rentals are of that nature. In most cases it is of necessity. Short term rentals are a small part of our economy, but essential to the continued prgrllvof the area. There are 20,599 residents in Southold Town—per the US Census statistics—who live in 13,769 housing units. As of today,there were 183 rentals on the MLS(1.3%of all the homes in town)of which 64 offer weekly/seasonal rentals-that is less than%of 1%. Of the 64 listing—3 were LLC's—which do not appear to be big corporations. Most of the short term rentals are on Vacation Rental by Owner(VRBO)390 2.8%and 134 1.0%on airbnb— all less than 5% of homes! It does not seem like we are being overrun by these weekly, monthly or weekend rentals;and our homes are not being gobbled up by corporations looking to rent out homes for profit. In fact the economics don't work for such an enterprise. Our rental season is limited, even the B&B business is limited—these B&B are not rented even a majority of the nights that are available in a year. Leilook at some numbers. If you buy a home for the median price in Southold of$500,000—and you finance it with a conventional loan,your annual carrying cost are about$45,000. If you rent for$300 a day and have 15%occupancy that's 2 nights every other weekend (which is not going to happen)you would gross$15,600—not a very good return on your investment. We do not have hotels in Southold and I would ask those of you who support this restrictive 2-week minimum, if you would prefer hotels instead—because they will come if we cut off the ability for people to stay in homes.Some ingenious hospitality mavens will fill the gap that we are creating. Hotels have restaurants, usually big bars,and even large entertainment/catering facilities for parties,clubs, banquets,corporate meetings, etc. In fact, I understand that a recent sale of 6 acres of Hamlet Business property on the Main Road in the Hamlet of Southold will in fact be a hotel. The planning board � 1 successfully killed a senior-condo plan of 20 units several years ago that cost the seller and the contracted buyer a significant loss. Now a hotel will take the place of needed senior condo townhomes. Town Board-don't take away property rights. Property owner- don't give away your rights. It's a slippery slope. Support code that protects our rights to enjoy our freedom and enjoy the beauty and tranquility of Southold Town. 9114 • Respectfully submitted, . Marie D. Beninati Beninati Associates 52875 Main Road Southold, NY 11971 631 765 5333 marie@beninatiassociates.com William P. Ecjwares PO Box 1426 1600 Pk Avenue Mat-Et-tuck NY 11952 (516) 330-4857 peconicOgmail,com August 11, 2015 Southold Town Board Southold Town Hall 53095 Main Road Southold NY 11971 Re:Proposed Legislation to Regulate Private home Rentals in Southold Town My name is Bill Edwards. My wife Amei Wallach and I have had a home in Mattituck for 25 years and have resided there full time for the past eighteen years. Although I served as a member of the Southold Town Board from 2004 through 2007, I have not spoken even once in this venue during the eight years since I left the Board. However, I am moved by the current controversy to offer my thoughts on the proposed local law limiting short term rentals, legislation which I feel will not solve the problem it addresses and will generate negative consequences not apparent today. I would argue that if the Town Board decides to regulate short-term rentals, the maximum required rental should be no more than seven days, and that even that limitation should be adopted with eyes wide open to unforeseen consequences. Further, I believe that the proposed two week minimum would largely destroy the primary market • for seasonal rentals on the North Fork, causing financial hardship for responsible homeowners who are presently able to rent their homes out to responsible tenants when they're not using them. These short-term rentals help homeowners defray their personal expenses including the real estate taxes they pay to Southold Town. Therefore, the proposed two week minimum represents a major and costly incursion on homeowners' property rights. In the spirit of transparency, you should know that since 2007 I have held a real estate salesperson's license through Beninati Associates. Since I am now engaged in full- time graduate study at Stony Brook University, my real estate activity has been minimal in recent years. Nevertheless, my work in North Fork real estate has given me an informed perspective on the legislation proposed here and the impact it would have on homeowners. 1 1 a Twelve years ago Dan Ross and I were elected to the Southold Town Board in a campaign where there was only one issue on which the two political parties strongly disagreed. The incumbent Town Board majority had put forth a proposal to rezone virtually all undeveloped land zoned from R-80 to R-200 zoning in an effort to protect Southold from the kind of development which had occurred to the west of us. While both sides agreed on the ultimate goal of preserving Southold as it is, we disagreed on the means. Our financial analysis proved that a change of that magnitude would wipe out half of the value of the land owned by farmers and thereby threaten their access to capital. I bring up this ancient history only to remind everyone that in that election of 2003 the voting public made it clear that the Town Board should be extremely cautious in restricting property rights even when many articulate voices were crying loudly for a change in the law to achieve a supposedly worthy goal. The lesson was clear, and as it turned out the newly elected Town Board rewrote the subdivision laws in a way to protect the town from overdevelopment without resorting to the upzoning which the voters rejected as an unfair attack on property rights. Under our republican form of government, the six of you board members are charged with representing the best interests of the community as a whole, and the most difficult policy decisions you have to make will often occur in those instances where proposed legislation will diminish property owners' rights in the name of some larger social goal; the short-term rental issue represents exactly this type of conflict. While I hear the calls from some Southolders (including several of my friends) to control the number of short-term rentals I urge this board to move very cautiously in restricting homeowners' rights to use their property as they traditionally have been entitled to. If in the end you decide to enact legislation limiting short-term rentals of homes in Southold Town, I want to discourage you in the strongest terms from setting a minimum rental period longer than seven days. Moreover, I remind you that with such wide-ranging legislation you are taking on the burden of enforcement, with the calls for enforcement falling on those authorities working on the weekend days and evenings when complaints are most likely to be forthcoming. As soon as I started working as a real estate agent I learned that the good old days of summer rentals from Memorial Day through Labor Day had ended decades ago with the expansion of women in the workforce. North Fork agents know that customers willing to rent for longer than a week are few in number and growing fewer. More often than not, the rental for a week is to a customer wanting to hold a family gathering where everyone can stay together in one house for an extended weekend. While I am certainly not asking this Board to extend any favors to real estate agents, I do ask that you recognize that if this legislation is enacted as drafted it will largely eliminate seasonal rentals by real estate agents, who at least are able to screen renters and maintain controls by checking them in and out during the one-week rentals most popular today. I can offer a very personal example of why setting a minimum rental period of two weeks or longer would work a hardship, one which I think most citizens and members of this Board can certainly understand. My 44-year-old son is finally getting married and he and his fiancee have asked that the wedding be held at our home in 2 i Mattituck. Most of the guests will be coming from out-of-town and in several cases represent family groups who would rather rent a home for the weekend of the wedding than be scattered hither and yon in an assortment of hotels,motels and B&B's. Some will undoubtedly wish to stay here for a full week to enjoy our attractions and will spend their money on our restaurants, retail stores and assorted services. They will certainly understand being asked to pay for a week's stay even if they don't wish to stay here for a full seven nights,but it is unreasonable for them to be required to rent a house for fourteen nights when all they really want is the weekend when the wedding takes place. Everyone who lives here knows that there are numerous beautiful venues on the North Fork for staging a wedding, including but not limited to the wineries. And those weddings make a significant contribution to our local economy in a wide variety of ways. Several of the wineries depend on the cash flow from weddings, and as a former board member there I can tell you that without its wedding revenues Hallockville Museum would be hard put to survive as the valuable institution it is. Setting a fourteen-day minimum stay would remove private home rentals from the visitors' housing choices even if they wanted the option of staying all together in a private home and using the visit for the wedding as a chance for a mini-reunion of family members. Thank you all for hearing me out on this topic. I have no doubt that the Board will adopt a course of action geared to the best interests of the community as a whole and to minimizing the negative impact on residential property rights and on the North Fork economy. Sincerely yours, /(2".„,,..,..,, „Ca--c-----,------ 3 My name is Joni Friedman. I have lived in New Suffolk since 1992. We are full time residents and purchased a small historical house around the corner from our own. We lovingly restored it and our neighbors couldn't be happier. We have the idea that in time we may downsize and live there ourselves. We have become friendly with`our neighbors and care very much about what happens in New Suffolk. We are in it for the long haul. We have been renting our house to families that we have carefully screened and/or have come by through friends. This income helps pay our taxes and mortgage. Our neighbors have never had an issue with our renters and most are one week rentals. They take extremely good care of our house and I have never had to withhold nor deduct from the refundable damage deposit. These renters have either come to enjoy the vineyards, family reunions and the fruits of the North Fork. We originally spent over $1000 advertising for a long term seasonal rental with not one response. All of our requests have been 3-7 nights. No more. This year we are hoping to accommodate a winter rental and we have requests for advanced bookings for next summer. If there is any reason to change the rules of rentals, it should be to penalize owners in absence of their homes whom neglect to follow respectful guidelines to be considerate neighbors. Thank you. /ec4i'VeCI g-11 -[59 P 14. Testimony for Town Hall meeting re Short Term Rental Legislation. As some of you may be aware, a full page ad was run in the Suffolk Times last week by the group `Homeowners for Smart Vacation Rental Regulation', of which I am a member.The ad was aimed at alerting anyone living on the North Fork and whose livelihood depends on tourism,that the proposed 14 day minimum stay short term rental legislation would be detrimental to our economy, and would therefore adversely effect everyone who lives and works here. Interestingly,the Suffolk Times chose to run an article facing our Ad entitled `Report shows tourism is growing in Suffolk County(like it or not)'.The article started with this sentence: 'To the great displeasure of anti-tourism curmudgeons, it appears Suffolk County is becoming even more popular as a vacation destination'. The article went on to explain how increasingly important tourism has become to the economy of Long Island and that the East End is the main driver. 5.6 billion dollars was earned through tourism Long Island last year and yes,the East End,which includes the North Fork,was responsible for a good chunk of it. But listening to some of the comments heard in this town hall during the last meeting on this subject, including those of some board members, and reading the anti visitor comments in the Suffolk Times over the last few weeks,telling former visitors that they `should go to the South Fork' and 'who needs them' and 'we don't want strangers on our streets',I can see how the editor who wrote the Times article got the impression that a lot of people prefer the tourists stay home. Meanwhile, Southold Town,North Fork villages,the Long Island Wine Council,the East End Arts council, are some of the organizations who spend 10's of thousands of dollars each year to attract tourists,because they know our economy depends on them, so it is the responsible thing to do. They apply for and win grants to promote our area,from the NY State depat tment of economic development, and for a share of the Occupancy tax charged by our bed and breakfasts and hotels,revenue which is returned for distribution by the LI Convention and Visitors Bureau for tourism promotion.All this effort is made to attract visitors to our region. Meanwhile, we only have 600 licensed or commercial lodging units on the North Fork. And yet a festival like the Tall Ships for example, which was financed and promoted by the village of Greenport, can attract over 20,000 visitors. A weekend worth of destination weddings at vineyards will bring many thousands of guests, all needing places to stay. But where are they to go? Some canny big time Developers of chain hotels became aware of this unmet need and during the last half decade,with the enthusiastic blessing of the Riverhead Town Council, built more than 5 large hotels in Riverhead.These hotels attract visitors by promoting day trips by taxi or limos to our wine country,farms,villages, or special events.And I would bet that the town of Riverhead would be very happy to approve another half dozen such hotels or resort type developments. My Bed and Breakfast and other North Fork lodging establishments have lost far more due to competition from these large Riverhead hotels(like event and wedding guest business),than to vacation rentals. And other businesses stand to lose too.Day-trippers do not patronize our local restaurants at night, or shop at our fish,farm and food markets, or other stores. It is totally disingenuous for anyone to suggest that a day-tripper spends the same kind of money during their brief visit as an overnight visitor. Short term vacation rentals have emerged naturally, filling at least part of the demand for a place to stay on the North Fork, and keeping at least some traffic off the roads.The people who stay in a short term rental are overwhelmingly middle class families with children and pets. Aren't these the kind of visitors we would most like to welcome to our community? Speaking of welcoming visitors in this community, a home owner in Orient asked me to rent their house last year. It was last minute;their parents were ill and they were going to be spending the summer traveling to visit them. There were a lot of related expenses and as it was already late in the season the only rentals I could be sure of getting for them were weekly. Waiting to hope for a couple of two week rentals would have probably ended in failure,but on a weekly basis I booked it up pretty fast for them.As usual, all the rentals were families. One of the last to visit told me that a neighbor had set their dog on them and their children when they were walking to the beach and used to let it lose whenever he saw them,terrifying their children.If I had known I would have called the police, but it was too late to do anything once I found out, and as the house owners no longer need to rent it,the issue is moot.This is just one an example of how renting can be crucial to a homeowner in financial need, and how out of control angry people who don't like it can be. Some of the language I have heard from local residents, and Town board members seems to me to just stoke this fire. Another issue is enforcement. Why create yet another set of rules when the ones we already have are not enforced?For example; a neighbor of mine really loves fireworks, (this is not a renter but an owner), and started setting them off on weekends about two weeks before July 4th and has been doing so just about every weekend since. Last Sunday night at 11.15 pm big bangs and rockets filled the air. My dog was frightened,the chickens too and my BnB guests wanted to know what was going on. So I called the police and asked, what are the rules regarding private citizens setting off fireworks on their property. I was told that this is against the law in NY State, and would I like them to investigate.Nothing could be much more obvious than fireworks and loud noises,but this neighbor has not been stopped from creating his own Grucci display all summer. But I digress—back to turning North Fork toursim into Riverhead day-trippers only. Our roads are already crowded during peak season and weekends in the fall, and if we further restrict accommodations now available in private homes,we are asking for more traffic on our roads and lost revenue for our businesses. So far from agreeing that we need to restrict short term vacation rentals,I think we should apply the same kind of logic that this bill applies to Fishers Island,which is to recognize that we do not have enough commercial rental accommodation on the North Fork, do not have the space or the will to build more hotels or resorts, and rather than vilifying vacation home rentals,recognize their value, if properly regulated. When I first spoke on this topic I asked that the town,before making a decision, study all sides of the issue, including the economic impact. The town board worked with the Code Committee, but we also have an Economic Development Committee, and they were not asked to consider this bill. Why not? As we seem to be short on facts and long on anecdotes in this debate so far,I would like to see the town use its resources and staff to gather those pertinent facts, and make sure the process followed in reaching a final decision is transparent and much better informed than it has been so far. The town board has said,they don't really know how many short term rentals there are now as opposed to in the past. Could it be possible that the situation has not really changed that much, but the rentals are just more visible because of the Internet?In the past, almost all rental were managed by real estate agents,but they were not really interested in rentals shorter than one month as there is not enough profit in that.Now people have the tools to manage on their own. But the fact is,nobody knows the real numbers. Most of what I have heard from people who don't want their neighbors to be able to rent out their houses is speculation of what `might' happen, imagined catastrophes of speculators moving in,but no verifiable facts. This is not the kind of reasoning or basis on which responsible legislators should write laws,but they should take this opportunity to explain to the population of our town why we spend so much money and energy trying to attract tourists if they are saying at the same time that a majority of residents don't want them here,or at least,not the `desirable ` kind, so we should restrict their access.Because,based on what I am hearing from our representatives, and as we have no alternative accommodation for visitors, or plans to build any,that seems to be the reasoning behind the decision to vote for this restrictive legislation. In short it seems to me that the proposed law is driven by what people, and the town board `Don't want' without reference to or explaining what they 'do' want.This seems pretty typical of politics today,but I would hope that our town can do better than that. Marilyn Marks 54300 County Road 48, Southold,NY 11971 1,1 MC Y Y 9PS�_--(/M; ,a Norklun, Stacey From: Neville, Elizabeth Sent: Tuesday, August 11, 2015 1:29 PM To: Doherty,Jill; Duffy, Bill; Ghosio, Bob;Jim Dinizio; Kiely, Stephen; Krauza, Lynne; Standish, Lauren; Louisa Evans; Neville, Elizabeth; Beltz, Phillip; Rudder, Lynda; Russell, Scott;Tomaszewski, Michelle;William Ruland Cc: Norklun, Stacey Subject: FW: 14 Day minimum rental has my approval FYI LF From: Russell, Scott • Sent: Tuesday,August 11, 2015 1:28 PM To: Neville, Elizabeth Subject: FW: 14 Day minimum rental has my approval From: Merry [mailto:r19950aol.com] Sent: Tuesday,August 11, 2015 12:00 PM To: Russell, Scott; Steven.kiely©town.southold.nv.us; Ghosio, Bob Subject: 14 Day minimum rental has my approval Dear Supervisor Russell, Please vote for the 14 day minimum rental proposal.I would like to echo my neighbor Miriam Bissu's thoughts on the changes to our community. Our community and association beach have been overrun with renters. We have had a few incidents (3)where the renters used our association's utility shed as a toilet rather than walk the block back to their rental. This took place during the day. When I went for a walk on Monday I passed a pile of vomit on the street. My husband and I were sitting on our back deck and watched a family fishing, taking undersized fish and throwing their water bottles and food containers into the sound. It is not pleasant to be, in your own yard and have to have a confrontation with someone. We moved into this NEIGHBORhood community for the closeness of the people living and caring for each other here. Now the beach and streets are filled with unfamiliar and unfriendly faces. As you are familiar with Jerry Difiore's McMansion across the street from our home on Soundview Road you can imagine what we are picturing for the future there. I would also like to share Councilman Ghosio's thoughts: "I have always maintained that when people look for a home in a residential zone, they do so with a realistic expectation of being in a 'neighborhood' —that is, with other full-time, or at least long-term, neighbors. It is a security we r 2, all appreciate and is certainly a large part of the value of living in a residential atmosphere as opposed to living in a more commercial area where transient rentals are more consistent to the zone." I think that says it all. I ask that you help to protect our quality of life. Please help us save our community. Thank you, Merry Retus 235 Soundview Road Orient Point 2 V J `= A. �• Norklun, Stacey From: Neville, Elizabeth Sent: Tuesday,August 11, 2015 1:27 PM To: Doherty,Jill; Duffy, Bill;Ghosio, Bob;Jim Dinizio; Kiely, Stephen; Krauza, Lynne; Standish, Lauren; Louisa Evans; Neville, Elizabeth; Beltz, Phillip; Rudder, Lynda; Russell, Scott;Tomaszewski, Michelle;William Ruland Cc: Norklun, Stacey Subject: FW:2 week rental FYI LF From: Russell, Scott Sent: Tuesday, August 11, 2015 1:24 PM To: Neville, Elizabeth Subject: FW: 2 week rental From: Ken Korsh [mailto:kenkorsh@verizon.net] Sent: Tuesday,August 11, 2015 12:33 PM To: Russell, Scott Subject: 2 week rental We are residents in East Mario and strongly oppose short term rentals, 7 days or less. We are unable to attend this evening, but want our letter read into the minutes. We are in favor of a 2 week ( 14 day) minimum stay for all rentals. We are aware that there are special circumstances like weddings and reunions where people need accommodations for a weekend. We would like those weekends restricted to a maximum of two per year. Sincerely, Ken and_Judy Kors h PO box 93 1085 Bayview East Marion, NY 11939 631 477 0720 516 652 8870 cell http://www.kenkorsh.com ,i »I., 4 • Dear Town of Southold Board Members, The Town Board must immediately address the existing problems with residential rentals throughout the town. Short term rentals and rentals to more than five unrelated people are negatively impacting the quality of life in many neighborhoods. In fact, the problem is escalating. Unless the Town Board takes timely action, party houses will exist in every hamlet, producing a myriad of negative consequences, reminiscent of the Vineyard 48 scenario. Many communities have adopted codes to address this problem. The new code adopted by the Town of East Hampton (see attached) is an excellent blueprint for amending our code. The key is rigorous enforcement. Instituting permits for rentals and fining those who ignore the codes will ensure that code enforcement pays for itself. No one should have to live next door to a nightmare. Please take action before the summer season starts again! Sincerely, (Signature) at Q ,--"Vi Please Print: (Name) JVP/Ty A . AiDl jj (Address) /03: Ay(I/aa E.M. (Phone#) 5/�i ,6.2- 30 7G - • Norklun, Stacey From: Hydell, Carol Sent: Tuesday,June 02, 2015 10:54 AM To: Norklun, Stacey; Rudder, Lynda; Duffy, Bill; Kiely, Stephen; Krauza, Lynne; Beltz, Phillip; Jim Dinizio; Doherty, Jill; Bob Ghosio; Louisa Evans; Neville, Elizabeth; Russell, Scott; Standish, Lauren;Tomaszewski, Michelle;William Ruland Subject: FW:SHORT TERM RENTALS From: Ken Korsh [mailto:kenkorsh@verizon.net] - Sent: Tuesday,June 02, 2015 10:46 AM - To: Hydell, Carol Subject: SHORT TERM RENTALS We are Ken and Judy Korsh. We have a home in Gardner's Bay Estates at 1085 Bayview. We are asking for a 14 day mandatory minimum for all rentals. It is our belief, that even with a 7 day rental the problem of weekend parties will not be eliminated. We are aware that there are occasions like weddings and reunions that a short term rental might be needed. This situation should be limited to 2 times per year per household. We think the first line of attack should be watching VRBO, AIRBNB, etc. as a means for monitoring. However, this does not control rentals that are done privately. In addition, when people buy a house in a residential community and rent it more than they live in it, it is obvious that the nature of the community changes. We are asking that his letter be read into the record at the hearing today at 4:30 PM. Sincerely, Ken and Judy Korsh- 516 652 8870 1-4:).ti:`_76_ Car:14,1- Y Norklun, Stacey From: Hydell, Carol Sent: Tuesday,August 11, 2015 11:46 AM To: Russell, Scott; Kiely, Stephen; Krauza, Lynne; Duffy, Bill; Standish, Lauren;Tomaszewski, Michelle; Norklun, Stacey Subject: FW: Summer Rentals I am forwarding the e-mail as per Mr. Carullo Thanks, Carol From:.carullo3di@verizon.net[mailto:carullo3di@verizon.net] - - Sent: Tuesday,August 11, 2015 11:40 AM To: Hydell, Carol Subject: Summer Rentals Carol, Thank you for your help...hopefully you'll receive this email and forward it accordingly Thank You Bob To: Scott Russell and Stephen Kiely Dear Sirs. I would like to add my voice to the issue of summer rentals on the North Fork and In Orient Point in particular. There has been a great deal of back and forth regarding this issue and I might add unsubstantiated claims as to why summer rentals are a bad idea for our area. But, it is not enough for opponents of summer rentals to use conjecture, hear say and supposition to propose restrictive regulations, ordinances and or laws against. Especially by invoking so called problems from other communities that may or may not be germane to our area. These opponents of summer rentals must prove Material Harm....and identify each infraction of public order as a means of setting the pretext for their opposition in order to establish that there is a real problem to solve in the first place. Lacking that, their opposition is little more than another example of Not In My Backyard and a thinly veiled attempt to fight against the tide of a phenomenon which I believe adds to the greater good of the community. Also, should there be the type of disturbances that are claimed....why aren't the current codes, ordinance and protections currently on the books sufficient to address these problems as they arise. Why must there be further restrictions and expense to the public coffers and our public resources to protect against a problem that hasn't been proved. ' a If you a'etually survey property owners who engage in summer rentals you will find that the vast majority rent their homes for a week or more and rent to families with children. Thus, summer rentals provide a benefit to the families that wish to summer on the North Fork and to the retail stores, supermarkets, restaurants and many other service providers in and around our area. In conclusion, we are privileged to live in an area that has so much natural beauty and is so blessed by the bounties of the sea, farms and vineyards around us. These are the main reason that many individuals and families increasingly want to come into our area to experience and enjoy. Summer rentals permit those families and or individuals to explore our area, learn about our fabulous environment, add to our economy through the sale of goods and services and ultimately promote real estate sales which add to our tax base for those interested in moving to our area as my wife and I did over 10 years ago. I urge the board to embrace the opportunities that summer rentals offer our community and reject spurious claims and unnecessary restrictions. Yours Truly ` Robert Carullo 265 Ryder Farm Lane Orient Point NY 11957 2 'Vii11' , ', Norklun, Stacey From: Neville, Elizabeth Sent: Tuesday, August 11, 2015 9:13 AM To: Doherty,Jill; Duffy, Bill;Ghosio, Bob;Jim Dinizio; Kiely, Stephen; Krauza, Lynne; Standish, Lauren; Louisa Evans; Neville, Elizabeth; Beltz, Phillip; Rudder, Lynda; Russell, Scott;Tomaszewski, Michelle;William Ruland Cc: Norklun, Stacey Subject: FW: Short Term Rentals FYI From: douglas@lkdg.com [mailto:douglas@Ikdg.com] Sent: Tuesday,August 11, 2015 9:06 AM To: Neville, Elizabeth Cc: mim205@optonline.net; Bill Hoppe Subject: Short Term Rentals Dear Ms. Neville Please forward my email to the appropriate town council members. Thank You --Doug Gr=ay - - Orient,-NY Dear Town Council Please pass legislation forbidding short-term rentals of less than 30 days in Southold. There are so many reasons why this is critical to the future of our town that I can't name them all. Here are a few: 1. Short term rentals strain our already thin infrastructure. Everything from road maintenance to emergency services to building inspections will be stretched thinner. • 2. Beaches,parking, and town services were not designed for weekly population turnover. 3 Appropriate taxes are not collected for what are essentially hotel/motel operations. 4. Even at 14 days, the comparable rents and prohibitions on the South Fork will drive renters here who will think two-week rental prices are such a bargain that they will pay for two weeks and occupy only one. 5. The prospect of empty houses, waiting for renters devalues all real estate. 6. The South Fork still has plenty of land for sale from the last time prices were run up by speculator/ investors. The availability of short-term rentals will cause more houses to be bought up for speculation. These houses will be vacant most of the year without occupants contributing to the local economy. 7. Here is a link to recent NY Daily News Report of how quickly things can change. In Popular NYC Neighborhoods, 1 in 5 Apartments Is On Airbnb -Hostel Environments - Curbed NY Thank you for your time. 30 days is the right rental period for now. You can shorten it later. ' Please take our future seriously or we will see ads on Craig's List that say: r Southold Rentals Free Beaches - Free Parking No Traffic Jams Lots of Wineries SPECIAL: RENT ONE WEEK, THE SECOND WEEK IS FREE Doug Gray 790 Uhl Lane Orient,NY 11957 V --Gray Matters Presents -- - - - - t4 WN 6r3}Mat ICr,Prc,-cnt.corn III<is Art•,,,en It plorn,,[,llftsr,t`,c•te•r•1flllt)' 2 .. i Norklun, Stacey From: Neville, Elizabeth Sent: Tuesday, August 11, 2015 11:40 AM To: Doherty,Jill; Duffy, Bill; Ghosio, Bob;Jim Dinizio; Kiely, Stephen; Krauza, Lynne; • Standish, Lauren; Louisa Evans; Neville, Elizabeth; Beltz, Phillip; Rudder, Lynda; Russell, Scott;Tomaszewski, Michelle;William Ruland Cc: Norklun, Stacey Subject: FW:Airbnb has I in 5 Apartments in popular NYC neighborhoods FYI LF From: Russell, Scott Sent: Tuesday, August 11, 2015 11:19 AM To: Neville, Elizabeth Subject: FW: Airbnb has I in 5 Apartments in popular NYC neighborhoods From: douglas@Ikdg.com [mailto:douolas@Ikdc.com] Sent: Tuesday, August 11, 2015 9:01 AM To: Russell, Scott • Cc: mim205@optonline.net Subject:Airbnb has I in 5 Apartments in popular NYC neighborhoods Dear Mr. Russell- Please pass legislation forbidding short term rentals of less than 30 days in Southold. There are so many reasons why this is critical to the future of our town that I can't name them all. Here are a few: 1. Short term rentals strain our already thin infrastructure. Everything from road maintenance to emergency services to building inspections will be stretched thinner. 2. Beaches,parking, and town services were not designed for weekly population turnover. 3. Appropriate taxes are not collected for what arc essentially hotel/motel operations. 4. Even at 14 days, the comparable rents and prohibitions on the South Fork will drive renters here who will think two-week rental prices are such a bargain that they will pay for two weeks and occupy only one 5. The prospect of empty houses,waiting for renters devalues all real estate. 6. The South Fork still has plenty of land for sale from the last time prices were run up by speculator/ investors. The availability of short-term rentals will cause more houses to be bought up for speculation. These houses will be vacant most of the year without occupants contributing to the local economy. 7. Here is a link to recent NY Daily News Report of how quickly things can change. In Popular NYC Neighborhoods, 1 in 5 Apartments Is On Airbnb -Hostel Environments - Curbed NY Thank you for your time. 30 days is the right rental period for now. You can shorten it later. Please take our future seriously or we will see ads on Craig's List that say: 1 Southold Rentals Free Beaches - Free Parking No Traffic Jams Lots of Wineries SPECIAL: RENT ONE WEEK, THE SECOND WEEK IS FREE Doug Gray 790 Uhl Lane Orient, NY 11957 c@ Gray halters Presents - 'I["674 6,1 Ili l ti+rs-.4ir:apUauercl'recrn:,,,am file-,a.,>n 0.11V 1,10114•mshun>..v r.Ihnq. • 2 • . Testimony of Abigail Field 8-11-15 on Short Term Rentals This proposal is an attempt to stop vacation rentals, not regulate them. As other people will discuss tonight, stopping vacation rentals would have very damaging economic impacts on our community, and runs counter to all the millions of dollars invested in increasing tourism to our area. But that's only if the rentals actually stop. So the key question is: Will it stop them? For the reasons I'll explain, the answer is no. Passing this law does not give the town meaningful new tools to prevent short-term rentals nor any of the issues related to them. The 14-night minimum approach amounts to wishful thinking, not policy making. The Town Board should drop this approach,and return to a rental registry/permit paradigm,which is easier to enforce and which can address quality of life issues Let's start with some empirical observations. Riverhead town has a 30 night minimum. Looking at the website VRBO.com, some three dozen properties in Aquebogue,Jamesport and South Jamesport offered stays as short as two nights. Southampton has a two week minimum.VRBO offers about 300 listings, most of which are available for less than two weeks. Should Southolders really expect our government will be radically more effective at enforcing a minimum stay than Riverhead or Southampton is?Why? Southold has no history of effective enforcement of its noise ordinance, nor does it have a track record of enforcing its B&B law. On Air BnB right now, a number of homeowners appear to be operating illegal B&Bs in Southold Town by renting rooms in houses they occupy while the rental is occurring. I'm not suggesting a 14-night minimum would have no effect on the rental market, even with no enforcement. Some vacation rental owners—particularly the nearly two dozen who hired me to speak on their behalf—are the kinds of owners who would stop simply because it is illegal. But I represent less than 10% of the vacation rental owners in Southold. So even if all my clients stopped, and some of those I don't represent stopped too,the experience of Riverhead and Southampton proves that a significant number of vacation rental owners will just keep on renting short term. Surely the nuisance houses,which already don't much care for town code, are likely to keep renting. But we don't have to rely on the experience in neighboring towns. The word has been that enforcement will be complaint-driven. That means `we're not going to enforce against everybody,just properties people complain about.' In its own way, doing complaint-driven enforcement is a kind of permission: look, you'll be illegal, but don't worry about it unless you have a neighbor who's angry at 1 Testimony of Abigail Field 8-11-15 on Short Term Rentals you. Oh and worry if a code enforcer is mad at you, or someone else with power in the town is mad at you—you'll be vulnerable. But if you keep your head down,we'll let you keep doing illegal rentals. Bottom line,to say enforcement will be complaint- driven is to acknowledge that short-term rentals will continue. But will the complaint-driven process work for those properties? Let's say the town has a complaint from a neighbor who is sure that different people are staying in the house next door every weekend. The town identifies the property owner using tax records,writes them a letter asking them to prove they are renting legally, or simply takes the owner to court and starts an enforcement proceeding. Thing is,the town may discover that the owner was doing legal rentals, even though the neighbor was right—different folks were in the house each weekend. How?Well,the owner could have entered an agreement with Tommy Tourist for a two week rental,and then Tommy turned around without the owner's knowledge and split the time and cost with Tina Tourist. Or maybe the owner entered an agreement for a two week lease with Tina and Tommy, simultaneously. Regardless, it's one rental for two weeks,but two paths to weekly turnover. Let's imagine for the moment that the town is going to do proactive enforcement, not just respond to complaints.To do that,the Town is counting on using two presumptions about rental advertising to assume illegal activity is happening and demand more information. First, if you're listing on the Internet,the town will assume you're illegally renting, without regard to the content of the ad. Second, if you're advertising in any medium, including the Internet, for less that 14 nights they will assume you're illegally renting. Either way,the homeowner gets a chance to prove that, regardless of the ad, they are only doing two-week rentals. So here's the thing: that first presumption—that an Internet ad means illegal rentals are happening—is blatantly unconstitutional. Truthful,non-misleading commercial speech is protected by the First Amendment,1 so restrictions on such speech have to further a substantial governmental interest and affect no more speech than necessary.An Internet ad for a 14-night rental, or a 30 night rental, simply cannot be the basis for presuming an illegal rental is happening. The presumption that an ad for a rental shorter than 14 nights indicates illegal activity is constitutionally fine as far as it goes, but it doesn't go far; the presumption doesn't stop the town from having to prove its case, and even without the 1 Central Hudson Gas &Electric Corp.v. Public Service Commission Of New York, 447 U.S. 557; Edenfield v. Fane, 123 L. Ed. 2d 543, 113 S. Ct. 1792, 1798 (1993). 2 - • 1 e Testimony of Abigail Field 8-11-15 on Short Term Rentals presumption, nothing stops the town from contacting a homeowner advertising for a facially illegal rental to ask the homeowner to prove she is only renting legally. (By the way, if you're wondering why someone would advertise for a shorter stay even if they will only agree to do a longer one, it's because of the website filtering and where demand is. Using a 2 week minimum will prevent most searchers from finding the property, because they are looking for shorter stays. However,those people may be willing to do a 2 week agreement,once they understand it's the only way to do it legally.) Bottom line,it's not clear what the presumption really does to simplify code enforcement. Let's dive deeper still into the mechanics of proactive enforcement. Let's say the town wants to write letters to every homeowner in Southold Town advertising for less than a 14-night minimum stay,and ask that homeowner to show she's only doing legal rentals. How might the town do that? If you go to VRBO or Air BnB,the advertisement gives you neither the property's address nor (necessarily) the owner's name nor mailing address. If you book the listing,you get the information. I suppose it is possible to cruise the neighborhood with a photo and ultimately identify the house,but it would be very time consuming. How plausible is it that the town will dedicate the resources to track down each house and then identify the owner's contact information? So presumption or no,how would the town do proactive enforcement?And without proactive enforcement;short term rentals don't stop. Give these enforcement issues: --poor enforcement track record in the town in general, and in neighboring communities with minimum stays in particular --a presumption of guilt that doesn't meaningfully,simplify enforcement --not addressing nuisance properties directly and --limited capacity to reduce turnover, even if perfectly enforced Southolders might wonder why the Town has chosen to go down the minimum stay road.There are two alternatives. First,the Town could simply beef up code enforcement capacity and go after nuisance properties using existing town laws. Second,the Town could create a rental registry and permit process. Rental registries and permits are an easy and effective way to fund and do enforcement against nuisance properties. In addition,they create transparency for neighbors. 3 • , ` Testimony of Abigail Field 8-11-15 on Short Term Rentals Do they limit turnover?No. But the obsession with limiting turnover is misguided. We are not the Hamptons,with high hedges to keep everyone out.We are traditionally a place that welcomes vacationing families, and so many of those families end up putting down roots here. Families, overwhelmingly, do not vacation for two weeks at a time. 4 Public Testimony on Short-Term Rentals:August 11, 2015 A 14-night Minimum serves no one. I own a home that I have offered as a short-term rental property. Before you chase me off with torches and pitchforks-let me say that I didn't just drop out of the sky- I have decades-long,deep-rooted connections to the North Fork and it has been a primary residence at times and second home at other times for much of my life. My mother ran a horse farm in Jamesport for years after my father passed away,so I have spent a great deal of time on the North Fork. After many years of dreaming about owning a home here,several years ago, my husband and I purchased a dilapidated cottage in a private community where at least 50%of the owners are seasonal residents. It was a mess, but it was all we could afford.The prior owner had died at least a year before and the house had been sealed up full of old and rotting furnishings,growing mold and mildew.The lot was completely overgrown and littered with debris;garbage and broken beer bottles were everywhere as well as telltale signs that is was becoming a frequent hang-out for local teens looking for mischief. Prospective buyers likely ran from the place from the smell, and enormous amount of work needed, and we were almost one of them, but we really loved the area—and so we decided to roll up our sleeves and empty our bank book. We spent the lion's share of our savings to renovate the biggest eyesore on the block into one of the prettiest. It is no longer an abandoned wreck but a home we enjoy spending all of our free time in. Our neighbors are thrilled to now see a lovely cottage that only enhances the appearance of the block and the real estate values of their homes. We have become close friends with our neighbors and socialize with them frequently. In fact, I was just elected Secretary of our Homeowner's Association. In fact,we never intended to rent our home, but a major financial event forced us to consider it as a means to hold onto the house that we had planned our retirement around. So,we did our homework and hired a responsible professional to manage the property; an owner of a bed&breakfast who knew how to carefully screen and attract quality people, manage the cleaning and check-ins of guests and ensure that all was properly handled. It is an expensive endeavor to do this in a way that we are comfortable with, but we have been renting the house through her—without incident-for the past 3 summers.The rest of the year,our family occupies the house weekly. Our short-term guests are almost exclusively families;some with a grandparent,young children and often a dog. Every one of them has been respectful of our property and neighbors.These are guests who want-nothing more than to have a peaceful 3-night stay or week-long vacation. They walk to our private beach, dine in local restaurants, pick pumpkins and apples,visit the vineyards, rent bikes and kayaks and shop local for souvenirs. My neighbors have had nothing but praise for the people who have stayed in our house.When guests book our home,they are advised of the rules; and they are unwavering: no parties, no additional overnight guests, no noise, pick up after dogs, park only in driveway,etc. Broken rules equal a broken lease agreement and forfeiture of paid rent. No exceptions.To date,we have never had an issue with any guest. When we purchased here,we knew of others on the block who were renting short-term. It didn't bother us and none of the guests on the block have ever created a problem.We did, however,also have a home that went from short-term rentals to long-term/yearly rentals and the change was dramatic.The G long-term folks had many cars and things quickly started to look a bit rough around the edges.There were too many occupants for the small house and the property was no longer kept as neatly as it had been with the short-term guests.Thankfully,those tenants have since moved out.The property returned to short-term renting and the home is once again being well-maintained. I believe that while nothing can replace pride of ownership, a short-term guest will never impact a neighborhood like a bad full-time tenant can. I think anyone who has had a horrible neighbor would rejoice in knowing they'd be out in a few days. Many of our guests would like to return and we'd like to be able to welcome them back. I know that homes like mine have been available for decades.They provide accommodations for families with children and pets;guests who would otherwise not be appropriate at a hotel or bed &breakfast and there is a need for it. However,the demand is not endless and the marketplace has a way of self- correcting.Anyone who might think that this is a way to make money has probably never tried it. For us, at best, it is a way to help cover some of the expenses, but we definitely do not make a profit. It is a lot of work, but we hope to be able to continue until we can retire here full-time. The North Fork is dependent on tourism to fund the open spaces we love. Farms and vineyards,shops and restaurants require more customers than the local resident base can provide.And,with such a short season,turning away a significant portion of our seasonal guests will have a devastating impact on those who rely on tourist dollars to survive.The money must come from somewhere—and the fact that many businesses close for the winter underscores where that money is coming from. Mandating a minimum stay of 14 nights,will have the net effect of eliminating Southold as a vacation destination for the families we host as guests.This is not a threat, it is a fact. In the 3 summers that we have offered short-term rentals,we have only had one family rent our home for more than a week; and that was a 10-day rental.Those who are law abiding will simply go where they are welcomed. Others will get together,and without the owner's knowledge or permission,will carve up the 14 nights among themselves.This is a frightening prospect for all concerned as the owner now has no control over his own property!This will happen and itwill bring the kinds of problems that are avoidable. Instead,we favor a permit requirement that comes with rules of conduct and provides resources for enforcement. Southold is a wonderful and friendly place.Short-terrn'rentals predate most of us.As homeowners,we care as much about our home, neighbors and community as anyone else does.We have poured our hearts and resources into our homes and we are not going to do anything that jeopardizes it or our community, but we need to work together on the best solution for all concerned. Sincerely, Laurie Bloom 4a ) cf-:crs Norklun, Stacey From: Neville, Elizabeth Sent: Monday, August 10, 2015 10:28 AM To: Norklun, Stacey Subject: FW: Short term rental vote request. Please LF From: Adrianne [mailto:agreenberg825@optonline.net] Sent: Sunday, August 09, 2015 7:50 PM To: Russell, Scott; William Ruland; Ipevans@fishersisland.net; Doherty,Jill;Jim Dinizio; Ghosio, Bob; Tomaszewski, Michelle; Standish, Lauren; Neville, Elizabeth Subject: Short term rental vote request. Dear Honorable Scott Russel and Southold Town Board, I do not want a constant flow of new renters living next door, as I would feel unsafe in my own neighborhood. Your idea of giving short-term rentals a 14-day minimum is excellent (though I'd prefer 30 days). Please maintain that concept when it comes up for your vote. If people cannot vacation for longer stays, they are free to stay at hotels and B&Bs. Thank you, Adrianne Greenberg 43 Sound Road Greenport, NY 11944 631-477-0813 1 i From: To: Date: 03/24/2015 11:38:33 AM Subject: Fwd: Short term rentals letter for Supervisor, Board and Code Committee Sent from my iPad Begin forwarded message: From: Adrianne <aareenbera825Ca ootonline.net> Date: March 24, 2015 at 11:03:35 AM EDT To: Scott.russell@)town.southold.nv.us Subject:_Short term rentals letter for Supervisor, Board and Code Committee Dear Honorable Russell, I am out of state therefore I will not be available to attend the upcoming Town Board meeting regarding short term rentals. I feel very strongly that my feelings be expressed to the board and code committee. As a full time Southold Town homeowner, I am against any opportunity for people to rent their homes out for short term rentals in my neighborhood. I chose to purchase my home in a residential neighborhood. I did not chose to live next to B&Bs, especially ones where the owners aren't even present! Though there may be some very responsible renters, there are others who rent out for one or two nights and use the house for one big party throughout the weekend. Last Fall, on my block, Sound Road, we saw a rented bus, and multiple SUVs parked outside one of the homes. I watched scores of people entering the house carrying food and beverages for their party. People on the block could not even get past all the vehicles until they finally relocated. I feel that if the Town Board and Code Committee permits this Short Term Rental policy it will cause me, as a home owner, to feel unsafe in my own neighborhood as there will continually be strangers on the block who have no vested interest in the security or appearance of the neighborhood. This is a critical time to listen to your Southold residents before this issue completely overwhelms this unique and precious area. Thank you for sharing this letter with the entire Town Board and Code Committee. Sincerely, - -- Adrianne Greenberg = - Mary Gabriel 43 Sound Road Greenport, NY 11944 631-477-0813 t Norklun, Stacey From: Neville, Elizabeth Sent: Monday,August 10, 2015 9:54 AM To: Norklun, Stacey Subject: FW: short-term- rentals LF Original Message From: mary gabriel [mailto:mcgotr@optonline.net] Sent:Sunday,August 09, 2015 8:20 PM To:scott.russell@southold.town.ny.us;Jim Dinizio;William Ruland; Doherty,Jill;Ghosio, Bob;Tomaszewski, Michelle; Standish, Lauren; Neville, Elizabeth; Ipevans@fishersisland.net Subject:short-term-rentals Dear Southold Town Board, I appreciate the pressure the Board must be under to come up with a solution to this very divisive issue. But, I hope the arguments raised by residents who have first-hand experience with the problem overtake the owner's arguments. I cannot imagine any of them being tolerant of the disruption,traffic and other issues reported by we who have had the experience of a short-term-rentals on our block. I would support a 14 day minimum stay.Also,the suggestion that all short-term-rentals be limited to the business/commercial areas of local towns seems reasonable to me.Take the entire problem out of residential neighborhoods where these rentals do not belong. As has been stated repeatedly,the Board's decision will have a very great bearing on the quality of life in this idyllic, rural community. I ask that you keep that quality of life paramount in your thoughts as you listen to all the arguments. Thank you,_ Mary Gabriel 43 Sound Road Greenport, NY 11944 631-477-0813 1 There are, of course, other very serious issues such as the loss of substantial revenue to the town through taxes, permit and license fees etc. It is hard to imagine the revenue lost all ready due to these rentals. The economic damage to the existing, tax paying motels,hotels and B and B's who comply with the town codes and operate legal businesses must be very significant. These businesses are part of the fabric of this community through their support of local charities, sporting events, civic functions etc. They employ a large number of local residents thereby providing much needed work. Short-term rentals return nothing of the kind to our town. The suggested solution to this dilemma seems to be prohibiting rentals for fewer than two weeks. I heartily support this and I would ask the board to take this position. Allowing short-term rentals of one week is not a solution since we know it will be routinely and flagrantly violated. This problem,which has the potential of profoundly altering the character,nature and culture of this beautiful town,needs to be addressed with the greatest insight and planning before we see the end of Southold as we know and love it. Mary Gabriel 43 Sound Road Greenport, NY 11944 2 Norklun, Stacey From: Neville, Elizabeth Sent: Monday,June 01, 2015 8:21 AM To: Doherty,Jill; Duffy, Bill;Ghosio, Bob;Jim Dinizio; Kiely, Stephen; Krauza, Lynne; Standish, Lauren; Louisa Evans; Neville, Elizabeth; Beltz, Phillip; Rudder, Lynda; Russell, Scott;Tomaszewski, Michelle;William Ruland Cc: Norklun, Stacey Subject: FW:short term rentals FYI Elizabeth A.Neville, MMC Southold Town Clerk PO Box 1179 Southold,NY 11971 Tel. 631 765-1800,Ext 228 Fax 631 765-6145 Cell 631 466-6064 From: mary gabriel [mailto:mcgotr@optonline.net] Sent: Saturday, May 30, 2015 7:16 PM To: cott.russell@town.southold.ny.us; William Ruland; Ipevans@fishersisland.net; Doherty,Jill; Jim Dinizio; Ghosio, Bob; Tomaszewski, Michelle; Standish, Lauren; Neville, Elizabeth Subject: short term rentals To Southold Town Board Members, May 30, 2015 The arrival of short-term-rentals in Southold town is an extremely serious issue and one requiring all the foresight, diligence and wisdom of our esteemed town board members. As members of the board you have heard the range of complaints from those residents who have had the experience of sharing their neighborhood with owners who have rented regularly to transient renters.Noise, drunken behavior, trespassing, driveways blocked, streets barely accessible from curbside parking to the general level of uncertainty that comes from a constant parade of new neighbors. Residing on a street with a home offered for short-term-rentals I have experienced this problem first hand. In addition to the above mentioned complaints I have additional concerns. There are several elderly women living alone on my block and I know living in close proximity to this short-term rental home is a cause of concern to them. The comfort of knowing your neighbors provides a great sense of security to these neighbors. i R •t A 223 Wall Street Huntington, NY 11743 63L424.6245 Tel ; 631.424.6248 Fax • Hours of operation .'„ M-F 8am to 7pm imirdI Sat 10am to Spm Fax Cover The UPS Store • Fax#: clf G93.1- 1 cos - (014q Date: f 1 — # of Pa:es includin: cover : From: \ � , � �e. � ry Rhone #: � :h3 � k Subject. 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' ..a.,4L-l..,-.•4--.--.: 1'....:.:- .'71-......2 ...n.f.-... .L.- . . .. . ,.. ;..,: . ....:.,..: __._, ...L.,_..._,, __ . • .. -.. • _______ _•.... _ .._. . --- .-- - - • •. . .. • 1 ' '. • 1*-' , ' '1 .-*. ; 11.•• • . i 7 - '''.•";:,3' f - 47G 5--6 C 4 S-- , , ... . . i . . • Joanna and Dennis Lane,•Cutchogue - Licensed Real Estate Brokers, Cutchogue Statement August 10th 2015 - Public Hearing - Rental Law We've been managing short term weekly vacation rentals on the NOFO since 2003, first for ourselves, then later for other people. This has been our livelihood for most of the last 10 years, amounting to hundreds of short term rentals with only zero reported complaints between numerous properties we have managed over the years. Some of the people in this room tonight have occupied those houses for themselves or their extended families for a week or so. Others we have worked with for a year or so and now manage their properties professionally for themselves. According to my (Joanna's) records, I had an email exchange about Vacation Rental permitting with Sup. Russell between June and September 2008, prompted by Riverhead's slumlord legislation passed by a Board that lumped all rentals together to ensure safe worker housing. Vacation rentals were perceived by RVHD as only "seasonal" (MD to LD) or"monthly" and those tenants would be asked to produce a social security number and a copy of their lease kept on file in the Town, much like getting a dump sticker. HomeAway was being run by a couple out of their garage, and Vacation Rental Management software was buggy and awkward at best. The geeks and techies amongst us found new channels of communication with potential renters who did not need to visit the property and we worked together and pooled our expertise to ensure processes were developed to ensure quality tenants could be matched with high end vacation rentals, to exceed all expectations. Here's what I said to Scott about it at the time, selected extract for reason of length: "From: Joanna Lane <xxxxxx@propertyangels.com> Date: Sat, Jun 7, 2008 Subject: Re: Southold - Rental permits To: xxx730@yahoo.com What I am pushing for is to get the VR (vacation rental) sector completely exempted from any other kind of rental permit law, and into a different category, subject to different rules. That's easier than going for one permit law to cover everything in my view. It's the definitions that matter, so that VRs cannot be exploited by slumlords. I am convinced this can be done.VRs have certain unique qualities that are easy to define, but what we have going on right now is a blurring of boundaries between hotel operations (which is not a real estate rental at all)and single family rental homes(which is real estate rental). To oversimplify the situation, the tourist accommodation sector(excluding camp grounds and the like), looks something like this A. Hotels, Motels and B&Bs operating as hotel B. Hotels, Motels and B&Bs expanding into the vacation rental sector C. Single family homes and condos expanding into hotel operations D. Single family homes and condos operating as vacation rentals. Item B and C. is where the waters are getting muddy. This is confusing to the public, who don't always understand what they are being offered and there are no regulatory standards which have to be met. Heck, most vacation rental owners wouldn't even know that they are supposed to have CO2 detectors and smoke alarms. Not good. Few, if any of the places I know about would be attractive as worker housing, the rates are simply too high." I am not at liberty to disclose Scott's reply, which is his privileged information, but to be fair, he was very supportive, unlike the rest of the Town Board at that time who did not. Now 7 years later, (and I have not spoken to the matter in the intervening period), I find we have muddied the issues even further by allowing an unregulated sector of the real estate market go unchecked. Everyone knew "this"was happening, but nobody knew exactly what "this"was. First"this" was ignored for 10 years, now it seems some folks may be trying to push "this" back to the good old days when families would drive out, look at, then rent a seasonal rental or for a month. Those days are gone FOREVER. (pause) — When I started "this" 12 years ago, Home'Away was a husband and wife Mom and Pop business run out of a garage. Easily defeated back then, not now. This is not going away - seriously, this is a tourist economy and this is how people now book their vacations. If you don't allow "this" to continue, the tourist economy will fail. First, the rhetoric has to stop. Pitting neighbor against neighbor is not healthy for our community, neither is Xenophobia to a tourist economy. Nobody wants to take a vacation in the middle of a public controversy and we are already feeling the effects of that THIS SEASON. I speak here not to add to the noise, but to cut through it and appeal to everyone to come together as a whole community and look not only left and right to your neighbor, but to really take a long hard look at the bigger picture and long term future. We need to use what's already there to make this work and that includes empty houses. That's right -the second homes stand empty for much of the year. In move that rides against the grain of governmental thinking in Europe, Japan is actually debating relaxing the regulation surrounding short term rentals so they can start to utilize the 8 million empty homes standing in the country. - Building of new hotels and resorts puts extremely localised pressure on infrastructure and concentrates the income from tourists to fewer businesses. The public feel the • effects - yet see fewer of the benefits from mass-influx tourism. Apart from the distribution of jobs, the influx of money from tourism will then be felt in very localised areas, around these hotels. If like Japan, we want to encourage further tourism without damaging the integrity of our destination, a solution has to be found. Encouraging private ownership and use of empty homes by permitting regulated short term rentals seems like a solution that can do this. It puts ownership of property, and in turn the North Fork, back in the hands of the residents. Vacation rentals then encourage people to live in similar rhythms and s patterns of residents. You live amongst the North Forkers, shop where people shop, go where they go. You are not buffeted through the corners in a tour. The natural flow of the North Fork pushes you in new directions and each property has a different stream meaning the visitors are dispersed more equally around the Forks. The alternative model is to build more hotels - in RVHD or wherever, then funnel huge numbers of people into Southold and focuses their impact onto the small towns and villages whilst the profits are distilled down to reach only a handful of mega corporations. The vacation rental model is the inverse. The visitors and the benefits are spread over, like a fine mist. Enough to notice, but not disrupt the natural operation of a city and the people that live there. - This is what Japan is debating. Whether they can solve two problems at once. Permitting vacation rentals requires minimal investment. The properties are built. The • people are ready and have the means to reach to their prospective guests. We could even think about creating a Town database. If people know that they have the option to supplement their income by using the value of their property it will help lead to a higher rate of,home-ownership and fewer properties standing empty as money and natural resources are expended in order to build more lodging options for tourists. The next point that empty housing brings up is that the areas where these properties sit have been built to cope with having people reside in them. Renting out a vacation property means that the occupancy levels remains in line with the original estimations. i Not only is the local infrastructure designed to cope with these occupancy levels, local businesses rely on it. By allowing short term rentals, you are not stuffing in an extra layer of population that the people below are force to support, you are keeping occupancy at the levels that keep an area, and businesses thriving. You can argue that there is disruption and the risk of antisocial behaviour, but with regulated and professional property managers, these cases are in the minority. To cite this, with infrequent and anecdotal examples, fails to acknowledge that living in a any community comes with a certain level of risk of this type of behaviour regardless of rental regulation. Whilst a vacation rental may cause disruption, there is no evidence that rates of disruption are higher than the usual come and go of a normal rental property. This comes down to property management. Regulation breeds professionalism. Prohibition breeds a black market. By limiting vacations and not actively encouraging the use of empty space, regulation is not finding a solution to the mis-distribution of housing. It is a modern-day crime that we allow buildings to stand empty: The last thing we want to happen is for absentee owners to push up property prices without contributing to the local economy. The majority of vacation rentals are still rented by the primary owners not by businesses that collate properties an umbrella, although I'm sure there may be some. The taxes on the property are paid, the guests bring income to local areas and the rental income is also taxed. To allow people to purchase homes, yet not permit short term rentals accelerates the suffocation of the North Fork; punishing enterprise and commerce and encouraging avarice and the collection of private assets by the few. What's plain is that we have a crisis in which we prefer to leave buildings to be empty than rented out for less than the arbitrary minimum lengths imposed by increasing numbers of vacation regulations. Permitting vacation rentals will not solve the larger crisis of people being without homes. What it will do is lead to a more equal distribution of the wealth of tourism. It will be interesting to see how Japan decides to land on this issue and if they can use the vacation rental opportunity to house new visitors in a sustainable way and get more people into its empty housing stock. If they are able to find an elegant solution, we may see destinations in Europe and America adopting a similar approach. Whatever happens on the North Fork now may well determine whether we are in "this" business - meaning tourism at all. If we're out, then what else are we going to do? I'll end with this quick recap of the 3 non-reported complaints we had in 10 years - 1. a guest who complained that their neighbor mowed his lawn at exactly the time of her newborn baby's nap every afternoon - please could I (the property manager) have a word with him. Why don't you go and talk to him yourself, he's right next door, I suggested? I have no idea how they worked it out, but that was the end of it. 2. a neighbor complained about a guest arriving with a waverunner and tearing up and down the beach all day for week. Could I stop it. No, but good job he wasn't there for 2 weeks then, or a month So my question for the Community is. What problem do you think the 14 day limitation is going to solve? Wouldn't the effort be better spent regulating those who manage the properties, not those who stay in them. After all, they're the ones that set the expectations, not the guests. i' ). 8/10/15 Carlos and I have been visiting Greenport for the past 3 years.We have always enjoyed the village for its friendly community, peaceful environment,local fresh produce and vineyards.We frequent many of the restaurants, cafes, stores and have - participated in many of the local community events. After renting for many years,we decided to purchase our own house in Greenport. It - is a charming and historic home,built in 1828.We have put a lot of care and effort into renovating it and making it a home of our own. Carlos and I both work in NYC and we are unable to spend as much time as we would like in Greenport. It is a great retreat for us on the weekends and we find it a relaxing getaway from city life. When we purchased the house we made the decision to rent our home to others so that they too can enjoy a peaceful getaway,where they can spend some time with family and friends,be close to nature,the beach and enjoy everything the community has to offer.We feel that many of these short-term renters will become future,part-time residents of Greenport and perhaps eventually full-time residents, as we plan to be one day. Many of our own friends who have stayed in our home talk about similar plans for themselves. We have implemented a number of protocols to ensure that our house and the community are protected. Firstly,we are careful to screen all tenants who express an interest in our property,in fact,we have turned many people away if there is any mention of extra large groups, or parties, particularly from young people. If you read the testimonials for our house,you will see that our tenants appreciate the opportunity to stay in a large home where they can enjoy the village. Often these groups of 4-8 people are unable to be accommodated by hotels. Secondly,we inspect the home after each visit and do not return the deposit if there is any damage to our property or any neighbor complaints. So far, everyone has been very respectful and thoughtful while staying in our home. Thirdly,we are very clear with tenants from the outset and remind them that they need to be mindful of our neighbors when it comes to noise, especially late at night. Fourthly,we have spoken to our neighbors and they have agreed to inform us when the parties are larger than we anticipated or when there is disruptive noise coming from the house so that we can monitor the situation. We enjoy renting our house and have met some great people in the process. It's great to be able to provide a quiet retreat for others and have them share in the Greenport community. We take pride in being able to introduce the town to new people, contributing to the tourism industry and providing numerous work 4_ v opportunities for the many contractors,real estate professionals,landscapers and cleaning people who helped us acquire and maintain our property. Instead of restricting the period of time when renters are allowed to stay in Greenport,we recommend more frequent communication with our neighbors about what happens in our community.After speaking with some of our own neighbors about short-term renters,we have received positive feedback and they have agreed to be part of the ongoing effort to keep a respectful relationship between residents and visitors. We,as owners,have the ability to control situations more so than any length of rental period restriction. We all want the same after all, and we can achieve it by implementing common sense rules that will not impact the economy of our town. Communication is key. Norklun, Stacey From: Neville, Elizabeth Sent: Thursday,August 06, 2015 12:16 PM To: Doherty,Jill; Duffy, Bill;Ghosio, Bob;Jim Dinizio; Kiely, Stephen; Krauza, Lynne; Standish, Lauren; Louisa Evans; Neville, Elizabeth; Beltz, Phillip; Rudder, Lynda; Russell, Scott;Tomaszewski, Michelle;William Ruland Cc: Norklun, Stacey Subject: FW:Town Hearing Transient Rentals FYI Elizabeth A. Neville,MMC Southold Town,Clerk PO Box 1179 Southold,NY 11971 Tel. 631 765-1800,Ext.228 Fax 631 765-6145 Cell 631 466-6064 From:—Ted-Kokkons-[mailto:ted@modernspacesnyc.com] ,,Sent: Thursday,August 06, 2015 12:02 PM To: Neville, Elizabeth; Rudder, Lynda Subject: Town Hearing Transient Rentals Dear Ms. Neville, I have just received a notice about the hearing to take place next Tuesday the 11th in Southold but unfortunately will not be able to appear. I called and spoke to someone in the office and they said that I could e-mail a response related to this notice that would be taken into effect for the meeting. I am expressing concern over my property and others like me who welcome the opportunity to rent out our homes to vacationers in the area. The income that can be generated is in direct relation to the price that we paid for our properties. At time of purchase, there were no laws prohibiting rentals to transient persons and thus added to the amount that we paid for our homes. I'm afraid myself and others like me would be forced to sell our homes because we will lose a great amount of opportunity in subsidizing our mortgage and taxes and overall expenses...Forcing us to sell our homes that we love and have invested a lot of money into. And at the same time, lessening the value of all homes in Southold. I have noticed that the amount of minimum days being proposed for rental in 14 days which is a very high number considering that the average vacation days given in the US is approximately 10 days. Furthermore, only allowing commercial bed and breakfasts,hotels, etc. to house vacationers will keep families (all of my guests) away from the north fork as those commercial dwellings are not conducive to more than 2-3 people in a room. I propose a much shorter minimum of days for transient rental properties and believe that all properties that are currently used for these rentals should be "Grandfathered In" for the sole reason that the price we paid was in direct correlation to the investment value of the property. 110! x y Thank you for your time and consideration Ted Kokkoris Ted Kokkoris 2 3 1 at-c rs Norklun, Stacey From: Neville, Elizabeth Sent: Thursday,August 06, 2015 12:12 PM To: Norklun, Stacey Subject: FW:yes to 14 day requirement Please LF From: Russell, Scott Sent: Wednesday,August 05, 2015 8:21 PM To: Neville, Elizabeth Subject: FW: yes to 14 day requirement From: Laurie Rodger-[mailto:Irodger28@ gmail.com] Sent: Wednesday, August 05, 2015 9:07 AM To: Russell, Scott Cc: Kiely, Stephen Subject: yes to 14 day requirement Dear Mr. Russell, I am in favor of making fourteen days a minimum requirement for short term home rentals in the Town of Southold. Weekend rentals can be torturous and unfair to neighbors and limiting rentals to seven days does not really solve the problem. Fourteen day minimum rentals is a good starting place to protect homeowners. Thank you for taking time to consider this problem carefully. Laurie Rodger 225 Eastside Ave Mattituck, NY 1 From: _ > 1. To: IlligillDate: 03/24/2015 11:45:17 AM Subject: Fwd: letter to Scott Russell Sent from my iPad Begin forwarded message: From: Laurie Rodger<Irodaer28@gmail.com> Date: March 23,2015 at 2:45:52 PM EDT Subject:letter to Scott Russell I forgot to bcc to you so am sending this copy. This is what I sent to Scott Russell. Laurie Rodger<Irodaer280gmail.com> 2:43 PM(0 minutes ago) to Scott.russell Dear Mr. Russell, I am writing in support of the regulation of short-term rentals in the residential neighborhoods of Southold Town. A home-owner who rents his/her home for days or a week at a time is running a motel-like business on a residential street. The only differences being that the renters avoid paying the tax that motels, hotels and B&B's must charge and there is no one on the premises to monitor the behavior and number of people in residence. This is unfair and can create very difficult living conditions for other residents in the neighborhood. I request that you share my email with all Board members and that the Board seriously consider finding effective ways to limit this practice in the residential areas of Southold Town. Respectfully Submitted, Laurie Rodger 225 Eastside Ave Mattituck, NY 11952 i . Norklun, Stacey From: Neville, Elizabeth Sent: Monday, July 13, 2015 10:19 AM To: Norklun, Stacey Subject: FW: Short term rentals LF Original Message From: Laurie Rodger[mailto:lrodger28@gmail.com] Sent: Monday,July 13, 2015 7:51 AM To: Russell,Scott Cc: Neville, Elizabeth Subject:Short term rentals I am in favor of strong regulation regarding short term rentals. In my opinion Rentals should be at least 2 weeks in length.Those who rent should be licensed to do so. Rental spaces should meet safety requirements and noise and parking rules should be enforced. I am grateful to you and the board for taking time to thoroughly consider this issue. It is starting to affect more and more homeowners. Please forward my letter to board members. Respectfully, Laurie Rodger 225-East Side Av Mattituck, NY 11952 Sent from my iPhone 1 b •Y Norklun, Stacey From: Neville, Elizabeth Sent: Tuesday, August 04, 2015 12:59 PM To: Norklun, Stacey Subject: FW: 14 Day Rental LF Please From: Russell, Scott Sent: Tuesday,August 04, 2015 12:56 PM To: Neville, Elizabeth Subject: FW:-14 Day Rental - - From: Claudio, Michael [mailto:michael.claudioaehdtech.com] Sent: Tuesday, August 04, 2015 12:31 PM To: Russell, Scott Subject: 14 Day Rental Mr. Russell, I understand that the Town of Southold is considering a 14 day minimum requirement for home/condo rentals. I am not sure of the base reasons for considering this, but I would like to interject the potential negative impact of implementing such a policy on the area. While I have no connection with the rental opportunities or monetary benefit from the vote,I was a recent visitor to the area for my sister's wedding in June. Had this requirement been in place,we, along with most of our other family members, would not have been able to stay the combined two weeks, and therefore would have not participated. While the occupancy rate of the rental properties may not be impacted,the financial impact to the local businesses will be severely impacted. Those families visiting for a week will participate in many of the activities that the local area offers, including fishing excursions, dining locations and daily visits to local communities for shopping. Had we had to invest in the two week stay requirement, we probably would have foregone the fishing trip, the golf outings and the shopping visits due to budget restrictions. I am sure our situation is not unique, and many visitors to the North Fork have a limited number of vacation days and budget to utilize during the year. Please consider the long term implications and immediate financial impact to not only the property owners, but the local businesses that will be affected by such a decision. I would recommend not implementing the-14 day minimum restriction. Best Regards, Michael Claudio CEO EHD Technologies, LLC 1 • 423-284-4516 cell 615-953-1907 office michael.claudio@ehdtcch.com http://www.ehdtech.corn • n: i tech `WANTtlCOVVrION r,1aAUrfA$'$Wr1A?fc"E trAt aG`og-tr ce: Ei4-4!lleJrce m Norte o'—Dedication has*seam*uor15.+n;:av4+a,in,`:tvorng a rocarr. re4.,i untstdpd su oly Sar rhe'{edtitde cohft1 end rneY edntain COrrklenikSI t regei PvIle.2iIird0rrner.0rt yz?a ire riot rrte arr@veo recireeni atmis meezege.cone awe •a.nened e),and rittfy the se vier Any unauthorised rrsd or d*Sdosore athrs s es#ac rs prdhr6END dOes acs guarantw Tho tral mr gulls tla'vrhsc,ori and 43 1C?11a4 o fpIta sit ;mer Drttirild Cr rs'S.fitd via t;+not riawo tar any& rcm cla maga cacs:a'by the:Tart m.6 en at trz+s ra&c PI•eese fleal ars arnalrs and a ctertants as suspect ano scan as ngsprnropdaoa SOCUAli soirare Poor ro Opening aoarur saving M 0 "51'; 5a �7nw\S n 2414 N �+ I< milli} .? a ��izat ia'ra I t i 443) 0011 q% �•Tstil xnw9ng"` • MEMBER `�►' . � 2 Norklun, Stacey From: Neville, Elizabeth Sent: Tuesday,August 04,2015 10:41 AM To: Norklun, Stacey Subject: FW: Please LF From: Russell, Scott Sent: Tuesday,August 04, 2015 10:41 AM To: Russell, Scott; Neville, Elizabeth Subject: FW: - From:--Carolyn Greer[mailto:cgreer3339@gmail.com] Sent: Tuesday,August 04, 2015 7:50 AM To: Russell, Scott Subject: Dear Scott Russell and Board: I am sending you a letter,which part of was also sent to the local paper. Southold is a tourist destination- like it or not-and we are on the LIKE side because of the economic benefits, the bragging rights and the pleasure of sharing. In tourism parlance Southold is a "product" and as such requires destination management. Southold's not alone in the struggle to figure out how to ntegrate tourism. Some 40 communities across the country and international destinations are currently debating short term rentals and issues of tourism impact. We submit this philosophy: Tourist destinations must acknowledge and balance their dual responsibilities as a host to tourists and a home to its residents. Tourists must be accommodated and integrated into the community like house guests are welcomed into one's home - invited guests do not enjoy open access to private areas of the home. Residential blocks are the private areas of a destination. We chose a residential block to buy in for our home- rather than "in town" ,but since individual house owners now run internet rental businesses—the neighborhood has become a pop-up commercial zone. Zoned commercial districts are designed to accommodate tourists with parking lots, waste bins, open public spaces, and police management of traffic and parking. Neighborhood blocks are neither designed for nor equipped for the influx. Southold already issues town beach permits and special events permits for non -family events in yards—even yard sales to protect residential quality of life.. Regulation of rentals is no less necessary. For those of us who chose to live "off the beaten path."our rights should be respected. Those who buy houses for transient rental business also have rights - in commercial zones. Hybrid residential homeowners who rent should understand their home is marketable because it's in a tourism destination but also know it's in a residential neighborhood. The Town Board's proposed minimum stay of at least two weeks allows homeowners to earn income, guests to have a more authentic residential experience, and neighbors to experience less disruption to the natural rhythm of the neighborhood. For shorter stays there are hotels, motels, B&Bs and campground choices- t Southold must be viable and enjoyable as a tourism destination and a hometown. We urge the Town Board to stick with the two weeks minimum. Steven and Carolyn Greer, Greenport 2 Norklun, Stacey From: Neville, Elizabeth Sent: Tuesday,August 04, 2015 10:40 AM To: Norklun, Stacey Subject: FW: Rentals Please LF Original Message From: Russell,Scott Sent:Tuesday,August 04, 2015 10:39 AM To: Neville, Elizabeth Subject: FW: Rentals Original Message From:Jane G.Stevens [mailto:Janegstevens@outlook.com] Sent:Tuesday, August 04, 2015 10:10 AM To:Russell,Scott Subject: Rentals Dear Supervisor Russell: I purchased a home in Cutchogue this past December, after spending time on the North Fork for decades while visiting my sister,who has long owned a home there. A major impetus for this purchase is the quiet and bucolic nature of the surroundings,with birdsong providing a restful soundtrack while I enjoy the outdoors.The notion of short term rentals and the resulting influx of tenants who are not committed to the neighborhood and community and who, undoubtedly, will wish to have guests and"party" during their abbreviated vacation stays--a situation repeating over and over with each new tenant--is extremely troubling. I fully support the proposal to require that all rentals be required to be of at least 14 days duration. Sincerely,_ Jane G. Stevens 3595 Beebe Drive Ext. Cutchogue, NY. 11598 Sent from my iPad. Blame all errors on Apple and its crazy auto type. 1 Norklun, Stacey From: Neville, Elizabeth Sent: Thursday,July 30, 2015 3:53 PM To: Norklun, Stacey Subject: FW: Please LF thanks. From: Russell, Scott Sent: Thursday,July 30, 2015 3:52 PM To: Neville, Elizabeth Cc: Jim Dinizio;Jill Doherty- Forward; Bob Ghosio; William Ruland; Louisa Evans; Kiely, Stephen Subject: RN: From:-Joy Ellinghaus [mailto:joyellinohaus©icloud.com] Sent: Thursday,July 30, 2015 3:48 PM To: Russell, Scott Subject: Dear Mr. Russell, I hope this finds you well. I am hoping there is still time to submit my comments regarding the 14 night minimum night proposal. I am against the 14 night minimum. I own two properties in Southold Township. I have had a very successful rental history with both of these homes, almost exclusively through the VRBO website. Though I am a member of the LIMLS I have not been able to use that forum to obtain long term summer rentals. I have tried, but there is simply not enough demand for 2 week+rentals through the MLS. So I turned to VRBO and in doing so was able to book my entire summer with one week rentals. The simple fact is that these web sites are successful because they fill the gap that the MLS misses: short term rentals, meaning one week. Of course most people take one week vacations but more importantly, one week rentals do not end up on the MLS. The MLS is for longer term rentals. The problem is, there are far fewer people looking for long term rentals than there are people looking for short term rentals. I find the fourteen night minimum stay unnecessary. One concern was that the Town was looking to keep these rentals in a non-commercial/passive income status according to the definitions of the IRS,which if I understand correctly needed to be under 14 nights; but both 14 and 7 nights would accomplish this. Which leaves the other reason it was submitted: to provide less turnover. So much less in fact that if passed, it could prove economically disastrous to the entire area. Other than hotels and motels, it is the 400+homes on VRBO and Home Away which are supplying the entire North Fork with the one week short term rental market. I am convinced of this having constant access to both the MLS and the online access to VRBO and HomeAway. Of the 400 homes on the North Fork VRBO site, many of them are booked for much of the season. These sites exist for short term rentals_ The local summer economy benefits greatly from these visitors and to pretend that that is not the case is irresponsible. Both of my homes are booked for the full summer with weekly rentals. My two rentals homes alone are supplying 32 weeks of tourist dollars to the North Fork for just July and August Many of my renters are returning from having spent a week here last year. To presume they can suddenly get or afford a two week vacation next year is to be ill-prepared for the outcome of this law. I have but one two-week rental in each home this summer. One. The rest of my season is booked by one-week rentals. My home will simply not get booked. If this law is passed I'm afraid my homes will stay empty. Is this really what you want? This cannot be the outcome you are looking for. But I'm afraid to tell you it is most likely the outcome you will get. And in doing so, every other week I, (and the North Fork)will lose an extra week's tourist dollars. Let me name some of the businesses that might be affected by that empty house: MICHENANGELO'S - LEGEND'S A'MANO MATTITUCK CINEMA JAMESPORT TACKLE MATTITUCK BIKE SHOP BRAUN'S • SOUTHOLD FISH MARKET • SOPHIE'S MAGIC FOUNTAIN GREENPORT HARBOR BREWING COMPANY LOVE LANE KITCHEN SHUCK U LIQUOR STORES AND WINE SHOPS SHMITTS FARM WOWACK FARM THE ELBOW ROOM(S) JENI'S THE CUTCHOGUE DINER EAST END SPORTING GOODS NOAH'S THE CRAZY FORK And countless other businesses that I continuously recommend to my renters. To require a landlord keep their home empty that extra week is asking us to take an economic hit that will be an unjust hardship, and for what?Less complaining? We might be the only place in the country that is asking for less tourists! The numbers quickly add up to an even more burdensome financial toll on restaurants, vineyards, shops, and the local economy on the whole. Fourteen nights as a mandatory stay is a burden for any tourist and since there is no demand in the marketplace, it is untenable for homeowners who rent. I heard someone actually suggest that I give renters a lease for two weeks "just to keep it legal" then keep my home empty the following week. Imagine explaining these shenanigans to my tenants. Or another idea: charge for one week what you would for two! Imagine explaining that to a potential renter. • 2 Why can't we simply make the minimum 7 nights and collect from each a turnover fee collected for Southold Town? That would easily be paid for by each rental. Southold Town could ask for yearly permit fees from each rental home. I'd be happy to pay say, $500 a year with a 7 night minimum,because that is 95% of my business! The Town would instantly generate over $200,000 from an industry that already exists and is going along quite nicely. Should you ask that of me when you only allow me one booking a summer would be egregious! For those who are complaining that there are bad guests,why can't we simply deal with those landlords? Perhaps those rentals need to be looked at more carefully. Or perhaps you will find when they are looked into, that no one is more guilty of nuisance than the complainants themselves. If the message boards are any indication, you might find this is the case more than you'd imagined. The issue is not where these rentals take place only to say that because they will now take place less often, the disruption for the people who have complained the most will be less so. Furthermore,the neighborhoods that these people live in will be the better for it. This is a simply absurd assertion. We have enchanted these tourists,there is no question they want to continue to come. Many of our tourists come from the NYC area. There are 8 million people in the NYC region alone. Once the hotels and motels are booked where does that leave everyone who wants a one week rental? What are they to do? Where will they stay if this new law goes into affect? Surely you anticipate that the hotels and motels will be booked up quite quickly, don't you? We are not building any more of them. (Perhaps more of them will be built further west in Suffolk County while we continue to dissuade tourists from staying here in Southold Township.) For the naysayers who insist that short term lodging is ruining the"nature" of the North Fork, I would say Look Around. The nature of the North Fork is intact. The challenge is keeping it this way so these tourists want to continue to come. Preservation is the challenge, infrastructure is the challenge. Done correctly,beautiful, special places all over the world are visited and appreciated by tourists in harmony with those who live there. We should be welcoming these visitors, not finding discourteous and illogical ways to rebuff them. Thank you for your time. All the best, Joy Ellinghaus joyellinghaus@icloud.com 3 • ,; RECEIVED Julie Amper 1645 Meadow Beach Lane Jul 17 2015 ,gyptttitoek,_1iY11952 (631)298-1823 julieanzper@optonline.net Southold Town Glen July 14,2015 Southold Town Board Members: Louisa P.Evans William P.Ruland James Dinizio,Jr. Robert Ghosio Jill Doherty I am writing to express my concern about the whole short-term rental issue.To me this should not be a question of seven days, fourteen days, or thirty days,but one of.what I perceive as illegal commercial use in residential zones. With all the effort being expended by the Planning Department on the new Comprehensive Plan,it seems counterproductive to disregard existing zoning by permitting this kind of commercial-Use, and to pass new legislation legitimizing this practice certainly does not inspire confidence that the new Comprehensive Plan's zoning code will be any more inviolable Than the-current:one seems-to be. 1.therefore would like to see all short-term rentals outlawed in residential zones. Thank you for your attention. , Julie Amper RECEIVED Julie-Ampex 1645 Meadow _ each Lane JUL 17 2015 Mattituck, QTY 1952 (631)298-1823 julieamper@optonlinc.nei Southold Town Lied July 14, 2015 Southold Town Board Members: Louisa P.Evans William P. Ruland James Dinizio,Jr. Robert Ghosio Jill Doherty I am writing to express my concern about the whole short-term rental issue. To me this should not be a question of seven days, fourteen days, or thirty days,but one of what I perceive as illegal commercial use in residential zones. With all the effort being expended by the Planning Department on the new Comprehensive Plan,it seems counterproductive to disregard existing zoning by permitting this kind of commercial use, and to pass new legislation legitimizing this practice certainly does not inspire confidence that the new Comprehensive Plan's zoning code will be any more inviolable than the-cur-rent-one seems to be. T therefore would like to see all short-term rentals outlawed in residential zones. Thank you for your attention. - ' , d 1 Julie-Amper Norklun, Stacey From: Neville, Elizabeth Sent: Wednesday,July 15, 2015 8:44 AM To: Norklun, Stacey; Liz Farnam Subject: FW: Short Term Rentals LF Original Message From:Scott McIntire[mailto:scotmcintire@earthlink.net] Sent:Tuesday,July 14,2015 10:18 PM To: Russell,Scott Subject:Short Term Rentals Dear Supervisor Scott Russell and Board Members, As a homeowner in a residential neighborhood, I am pleased to hear you are considering changing the 7 night requirement to 14 nights for short term rentals. Please consider limiting the number of times an owner can rent in a years time. If they are renting more than their living there, it's a business...not a residential home and does not belong in residential neighborhoods. Thank you, Scott Mcintire 22 Sound Rd. Greenport, NY 11944 Please forward this to the other Board members 1 Norklun, Stacey From: Neville, Elizabeth Sent: Tuesday,July 14, 2015 1:26 PM To: Doherty,Jill; Duffy, Bill;Ghosio, Bob;Jim Dinizio; Kiely, Stephen; Krauza, Lynne; Standish, Lauren; Louisa Evans; Neville, Elizabeth; Beltz, Phillip; Rudder, Lynda; Russell, Scott;Tomaszewski, Michelle;William Ruland Cc: Norklun, Stacey Subject: FW: Sort term rentals FYI From: Sandy Russo [mailto:sandy-russo@hotmail.com] Sent: Tuesday,July 14, 2015 1:21 PM To: Russell, Scott; Neville, Elizabeth Subject: Sort term rentals Dear Mr.Russell and Ms.Neville, I am writing to ask that you support our neighborhoods by enacting legislation that will only allow a minimum of 14 day rentals and that such rentals be limited to no more than three times within a year. This will help protect our quality of life,protect and preserve our housing stock as well as protecting the value of our homes and property. I live here because I know my neighbors and the sense of community and safety this affords me as a senior is very important. I appreciate your attention to this matter. - Sandy Russo 7745 Oregon Road Cutchogue,NY 11935 1 :. L.,&.sIlpe. E ,►r . Norklun, Stacey From: Neville, Elizabeth Sent: Tuesday, July 14, 2015 1:05 PM To: Norklun, Stacey Subject: FW: SOUTHOLD SHORT TERM RENTAL POLICY Please LF Original Message From:Standish, Lauren Sent:Tuesday,July 14,2015 8:52 AM To: Russell,Scott; Neville, Elizabeth; Bob Ghosio; Doherty,Jill;Jim Dinizio; Louisa Evans;William Ruland Subject: FW:SOUTHOLD SHORT TERM RENTAL POLICY Original Message From: Leslie Smith [mailto:leslie@Islimited.com] Sent:Tuesday,July 14,2015 7:45 AM To:Standish, Lauren Subject:SOUTHOLD SHORT TERM RENTAL POLICY Hello Ms. Standish, We are entering our plea to allow for a Southold Town 3-day minimum rental period.A 14-day minimum rental period would be untenable,would cause us financial distress and would likely mean that we need to take our investment plans elsewhere. I have been coming to Southold every summer and winter weekends for almost 20 years now. The area is very dear to my heart and to that of my extended family.We have spent many happy moments here,and feel a deep connection to the town and community. I have owned a home here for 15 years, and in addition my husband and I rent another home here every summer. My dollars and those of my friends and family help to support the farm stands,small businesses and restaurants on the North End. Last year my husband and I bought a large home in Southold.Our plan was for him to can move permanently to Southold.We would like to buy another house next year which he will renovate as an investment. If that works then we want to buy another house, again as an investment. My husband is a licensed contractor and these are the projects that he loves to do If our plan works we will be paying taxes and employing members of the community to assist in his renovations. Our plans are largely based on the possibility of renting these homes for income when we or our friends are not in residence.We will depend on this revenue to subsidize our business model.We are a 60-year couple who cherish our homes and neighborhoods.We will only rent to guests who can agree to our rules. Only nuclear families, no parties, no groups, no more than two cars, no smoking, respect for neighbors,etc. Our guests will be made aware that our neighbors are our#1 priority. 1 I hope that you are able to put yourselves in our shoes so that a solution might be found that will allow us to remain in the Town of Southold. If alternate solutions to specific bad rental situations could be found (penalties),the rest of us could live in harmony with a 3-day rental minimum on our homes. • Thank you for your consideration of our needs. Best, Leslie Simitch 2 Norklun, Stacey From: Neville, Elizabeth Sent: Monday,July 13, 2015 4:55 PM To: Doherty,Jill; Duffy, Bill; Ghosio, Bob;Jim Dinizio; Kiely, Stephen; Krauza, Lynne; Standish, Lauren; Louisa Evans; Neville, Elizabeth; Beltz, Phillip; Rudder, Lynda; Russell, Scott;Tomaszewski, Michelle;William Ruland Cc: Norklun, Stacey Subject: FW: Short Term Rentals FYI Original Message From:Carole Donlin [mailto:nimsuzani@gmail.com] Sent: Monday,July 13, 2015 4:42 PM To: Neville, Elizabeth Subject:Short Term Rentals I am very concerned about short term rentals on the North Fork.They endanger neighborhoods and the Quality of Life on the North Fork. I strongly urge you to adopt new regulations that,at a minimum,would limit such rentals to three times a year for a duration of at least two weeks. Mrs. Carole Donlin 910 New Suffolk Avenue Mattituck, NY 11952 Sent from my iPhone 1 Norklun, Stacey From: Hydell, Carol Sent: Monday,June 01, 2015 12:08 PM To: Rudder, Lynda; Norklun, Stacey; Duffy, Bill; Kiely, Stephen; Krauza, Lynne; Beltz, Phillip; Jim Dinizio; Doherty,Jill; Bob Ghosio; Louisa Evans; Neville, Elizabeth; Russell, Scott; Standish, Lauren;Tomaszewski, Michelle;William Ruland Subject: FW: Short Term Rentals Hearing June 2,2015 Original Message From:Carole Donlin [mailto:nimsuzani@gmail.com] Sent:Saturday, May 30, 2015 3:06 PM To: Hydell,Carol Subject:Short Term Rentals Hearing June 2,2015 TO THE SOUTHOLD TOWN BOARD As a long time resident of Southold Town I am very concerned about the increasing presence short term rentals and rental properties in single family zoned neighborhoods on the North Fork, in what is clearly an accessory use of a residential property as a commercial business. A homeowner should not be permitted to simply decide to run a hotel in a neighborhood not zoned for it.Such use must be responsibly regulated,through the Town's Zoning Code in order to promote the health,safety, and general welfare of the Community. In order to accomplish this,at least four criteria must be considered to protect our neighborhoods. 1.A minimum length of each short term rental must be established at 14 days,though 30 days would be much more responsible. In no way should a short term rental every 7 days be permitted.This is too easy(wink wink)to turn into a 4 group party every week. 2.The number of times such rentals should be permitted to take place in one year must be limited to no more than 3 times a year with a Total of 60 days each year. 3.The number of 4 unrelated adults sharing a property,or four cars per home should be established. 4.All other registrations,inspections, notifications that exist for other businesses should apply to short term rentals. While I appreciate the beauty and appeal of the North a Fork of Long Island to all,and have no wish to keep people from visiting,it is the responsibility of the elected Southold Town Board and other elected officials,to, like other communities before them,strengthen short term rental laws to protect the future of our community and the quality of life for which we pay so dearly with our considerable tax dollars. Carole Donlin 910 New Suffolk Avenue Mattituck New York. 1 From: "Short Term Rentals" <short.term.rentals11944@gmail.c 7e7 e{`74.73 To: fib07 (A/(P/NC \\ Date: 03/24/2015 01:21:03 PM d Subject: Fwd: Regulating Short Term Rentals on the North F �Sid1-5 Sent from my iPad Begin forwarded message: From:11111111111111.11111111111111 Date: March 24, 2015 at 1:17:04 PM EDT To:411111.11111.<short.term.rentals11944Cftmail.com> Subject: Fwd: Regulating Short Term Rentals on the North Fork Sent from my iPad Begin forwarded message: From: Carole Donlin <nimsuzani@gmail.com> Date: March 22, 2015 at 12:33:10 PM EDT To: "Scott.russell@town.nv.us" <Scott.russell@town.nv.us> Cc:INNOMMINOMMIENNINIMMI Subject: Regulating Short Term Rentals on the North Fork Dear Supervisor Russell: Although I am unable to attend the March 25th Meeting of the Southold Town Code Committee, I would like to strongly urge the Committee and the Town Board to enact effective regulations to govern Short Term Real Estate Rentals on the North Fork of Long Island. As you may know, the towns of Southampton and East Hampton have grappled with this same problem in their communities and have acted definitively and decisively to address these very serious community concerns. I urge both the Code Committee and the Town Board to enact similar, if not the same regulations as have these Towns, and, in a timely manner. I would appreciate if you would share my view with the Committee prior to the meeting on 3/25. Thanks very much, Carole Donlin - 910 New Suffolk Avenue Mattituck, New York 11952 Sent from my iPad —Robin Krasner& Eric Mitchnick 1020 Bridle Lane Cutchogue, NY 11935 Town Of Southold Attn: Elizabeth Neville 53095 Main Road P.O. Box 1179 Southold, NY 11971 631-765-1889 631-765-1823 _ - - - - July 13, 2015 Dear Ms. Neville, I am writing to you today regarding the recent discussions among the Southold town board about home rentals in the Southold Township. I understand the Town of Southold is considering placing certain restrictions on people renting their homes under their jurisdiction and I would like to have my thoughts placed on the record regarding this issue. I would also like to present some background as to why. My husband and I have a lovely home in Cutchogue that was purchased by my mother and father a few years ago for our family to enjoy. My parents (both in their 80's) wanted to see their only grandson swim in the pool, run in the yard and enjoy life to its fullest at the house. They both were fortunate to have done so, until my mother passed away last August.To say that the house in Cutchogue was in my mother's opinion, one of the biggest accomplishments in her life, is an understatement. Not only did she get to watch her grandson grow up there, but she had pride knowing that it was her life savings that she and my father had,that had gotten us all to experience this special home. Since my mother's passing, my father has not been 100%and I've had to decrease my workload to insure all is taken care of on his behalf regularly. It is with pleasure and honor that I do this, but it's come at a price. We have had to rent out our home a bit this year to pay for the overhead on the house in lieu of my loss of income. That being said, I am diligent in all things pertaining to any prospective renters. Prior to accepting any specific renters in the home, I do background checks and research on them. We generally focus on renting to families and/or people in their 30's or older. While renters are in the home, I do "drop in's,and weekly checkd ups' on the house consistently to insure everything is in order. I also check in with our neighbors on a regular basis to insure that there are no disturbances I need to be made aware of.Thus far,there have f been no problems with any renters within our home/property or with any of our neighbors. I sincerely hope that the board understands that our cherished home in Cutchogue is here,for generations to come. In order to secure that, we must rent it out. We are good homeowners, pay our taxes and take pride in our home and neighboring communities. In doing so, we personally guarantee to take the utmost care and consideration with those we rent to and will continue to do so. Please feel free to contact me at any time regarding this issue at 917-337-9178 and thank you for your time and consideration. Most Sincerely, robe krata-ner -Robin Krasner Norklun, Stacey From: Neville, Elizabeth Sent: Friday, July 10, 2015 2:48 PM To: Norklun, Stacey Subject: FW: North fork rentals LF please Original Message From: Russell,Scott Sent: Friday,July 10, 2015 2:32 PM To: Neville, Elizabeth Subject: FW: North fork rentals Original Message From: Holly Relyea [mailto:hollyrelyea@gmail.com] Sent:Thursday,July 09, 2015 5:44 PM To: Russell,Scott;William Ruland; Ipevans@fishersisland.net; Doherty,Jill;Jim Dinizio;Ghosio, Bob; Duffy, Bill; Hulse, Lori; Kiely,Stephen Subject: North fork rentals To whom it may concern: I have vacationed on the North Fork and like to rent a home not stay in a hotel. By imposing a 14 night minimum I will no longer be able to stay on the North Fork and support the local economy. I feel a 14 night minimum will greatly impact on tourism and tyhe local economy. Thank you.- , Holly Relyea 1 Al ale c w e,i-- Y Norklun, Stacey From: Neville, Elizabeth Sent: Friday,July 10, 2015 2:48 PM To: Norklun, Stacey Subject: FW:Short-term rentals LF please From: Russell, Scott Sent: Friday,July 10, 2015 2:31 PM To: Neville, Elizabeth Subject: FW: Short-term rentals From: Russell, Scott Sent: Friday,July 10, 2015 2:27 PM To: Russell, Scott Subject: FW: Short-term rentals From: Alan Schweitzer[mailto:alancarl©yahoo.com] Sent: Friday,July 10, 2015 12:08 PM To: Russell, Scott; William Ruland; "Ipevans@fishersisland.net"; Doherty,Jill; Jim Dinizio; Ghosio, Bob Subject: Short-term rentals To the Board: The issue of short-term rentals in Southold Town, as in other cities, is a vexing one. I've attended two hearings already held by the Board, and I saw with my own eyes the seriousness with which the Board has approached the issue. But more work lies ahead, and I appreciate the Board taking whatever time is necessary in listening to and analyzing the various views and ideas of residents on both sides of the issue. I fully understand the Board's mandate to strike a proper balance between growth and preservation, but he proposed 14-day minimum rental law is overkill and hurts, most of all, local Southold retail business. The Board would be ill-advised to impose draconian measures merely to satisfy what appears to be a vocal minority-and I say "appears"since no polls or studies have been conducted to accurately determine the attitudes of residents and the economic impact of the proposed 14-day rule. In the absence of good data-or as in this case any scientific data at all (sorry, but counting emails really doesn't cut it)- no town governing body could accurately asses the impact such major change in the rental law would have. Moreover, once done, it would be very difficult to undo-or to undo the damage caused by its implementation. For many potential visitors to the Town, a 14-day minimum stay is a high hurdle. Many families who would like to visit Southold would find it financially impossible to do so; moreover, only a relatively few breadwinners are lucky enough to enjoy two weeks'vacation time from their employment. And even if renters do agree to renting for one week out of two, there will be significant economic impact to the area - especially in the off-season when tourists tend to rent for a long weekend, not for weeks. It is my opinion that the proposed preclusion the Board seeks to impose leads to the logical conclusion that the Board believes increased tourism is not in the best interests of Southold Town. But certainly the Board is playing with fire in even considering such an approach, and I urge caution. Many new businesses have sprouted in Southold over the past several years as more families discovered and chose to visit the North Fork; some or most of these businesses will be forced to shutter their doors permanently if the Board, without adequately considering this recent growth, imposes the 14-day rule. (As these business opened with the opportunity more visitors presented, fewer visitors will guarantee their demise. This is not the result the Board seeks.) I strongly disagree with the proposed 14-day minimum rental law and urge the Board to reconsider and to take whatever time is necessary to further discuss with the community other options-including a rental law with teeth - before imposing recessionary measures that will hurt the town by slashing growth, curtailing tourism, and making it impossible for thousands of potential visitors to enjoy all that Southold Town has to offer. Thank you for this opportunity to express my opinion. Alan Schweitzer Southold, NY 2 I n Neville, Elizabeth From: Ellen Wexler <ellenwexler@gmail.com> Sent: Tuesday,July 07, 2015 10:17 AM To: Russell, Scott Cc: William Ruland; Ipevans@fishersisland.net; Doherty,Jill;Jim Dinizio; Ghosio, Bob; Tomaszewski, Michelle; Standish, Lauren; Neville, Elizabeth; Lori Hollander Subject: Re: Letter regarding short term rental for the public meeting on June 2nd Dear Southold Town As you continue to discuss the potential ill effects of short term rentals in our Town please take a look at the following articles on how other tourist destination communities are enacting rules. Like the North Fork these towns are faced with an onslaught of homes and apartments being turned into what are in fact hotels.They are feeling the damaging effects on the safety and quality of life in their neighborhoods,and on long term housing for local people. Please look at the links below Important factors each community is looking at: • Minimum length of a short-term rental. • Maximum total number of days a year the property can be rented out. • Is the owner of the property in residence when a room is rented? • How many days a year are the owners in residence?Is it their personal home? • How to have owners register their short term rental business with the Town? • Insurance policies for rental units and hotel taxes owned 1.How Berkeley CA is dealing with the bad effects of short term rentals http://www.berkelevside.com/2015/05/26/short-term-rentals-are-squeezing-out-berkelev-renters/ 2.The Short Term rental rules that San Francisco put in place recently.Although Airbnb company is based there as the short term rentals grew the ill effects became housing and quality of life problems http://www.nolo.com/legal-encyclopedia/overview-airbnb-law-san-francisco.html 3.The tourist destination of the Sedona Town also put rules into effect to save the quality of the area: 1 http://www.sedonaaz.gov/sedonacros/Mod ules/ShowDocument.aspx?docuinentid=24874 Thank you for your consideration.This problem is only going to get worse if we do not have the will to deal with it now. Ellen Wexler Southold On Sun, May 31, 2015 at 3:17 PM, Ellen Wexler<ellenwexler@gmail.com>wrote: Town Of Southold Thank you for addressing the Tsunami of short term rentals houses hitting in the North Fork. My husband and I will be out of Town on June 2nd and can not attending the meeting June 2nd Attached is my letter regarding the issue to put on the record . Allan and Ellen Wexler Southold Ellen Wexler 305 West 20th st#1 NYC,NY 10011 212 989-7975 Southold Studio 631 765-9321 2 Norklun, Stacey From: Neville, Elizabeth Sent: Monday,June 15, 2015 2:36 PM To: Norklun, Stacey Subject: FW: Short-Term Rental Letter Please LF From: Tomaszewski, Michelle Sent: Monday,June 15, 2015 2:35 PM To: Neville, Elizabeth; Rudder, Lynda; Bob Ghosio;Jim Dinizio; William Ruland; Louisa Evans; Doherty, Jill; Duffy, Bill Subject: FW: Short-Term Rental Letter From: Russell,Scott Sent: Monday,June 15, 2015 2:21 PM To:Tomaszewski, Michelle Subject: FW:Short-Term Rental Letter From: bj green [mailto:bjgreensf@yahoo.com] Sent: Monday,June 15,-2015 2:18 PM To: Russell, Scott Cc: Bj Green Subject: Short-Term Rental Letter Hello Supervisor Russell, My wife and I are 2nd homeowners within Southold Town. We purchased our home a couple of years ago and have experience renting to visitors in both summer and extended stays in the shoulder seasons. I wanted to reach out on this issue regarding our experience and also opinion on pending rental period legislation. Generally, I understand arguments/opinions on both sides of this issue. We originally began renting our home to offset significant repair and maintenance projects such as roofing, plumbing and tree trimming work following our purchase. I can say that 100% of our rental income has gone directly toward home improvements which also benefit local contractors and even our neighbors considering the previous condition of our house. I believe its important to understand the overall economic benefit that rentals generate for local contractors. In addition to local businesses such as the wineries and restaurants. I do understand that some residents may feel "unnerved" by transient traffic. However, as 2nd homeowners, we're essentially transient as well. Do residents upset by home rentals suggest Southold abolish non primary home ownership as well? Otherwise, people coming and going is simply a product of having neighbors. I do see why residents do not want very short term traffic and time of turnover is a material concern. This makes sense. In our experience, we have rented a 7 night stay in the "off-season" (not summer) only once in 2 years. My point is that by extending the rental requirement to 7 nights (which we're OK with), Southold will effectively shut down the rental market for 9 months. Maybe once or twice per year a house will rent for an off season week. But that's really about it A 7 night minimum still allows rental owners some opportunity for off season income. Any longer period will result in zero rentals in the off season. I believe this is a realistic assessment. Its • • . important for those opposed to rentals understand that much is being achieved by eliminating weekend (3 night+) rentals. The transient presence in their neighborhoods is also being eliminated for 9 months out of the year. There will be other effects of rental limitations such as a spike in Summer rental fees as owners try to make up for lack of off season income. I expect Summer weeks to get very expensive by next Summer. The downside being that the North Fork will not be an affordable vacation option for many families. Another pragmatic observation I'd like to share concerns hotel/B&B options for visitors. Many of the families that have rented our home would simply go elsewhere as hotels and B&B's are not practical lodging options. The cost would be exorbitant and they're specifically looking for a home environment with access to yard space and shared common areas. Lastly, in our experience, we have had no issues with our neighbors. In fact, our immediate neighbor has introduced herself to many of our guests and even brought them fresh flowers from her garden. I will add that we are extremely selective "hosts" and have turned down so many reservation requests on Airbnb that they threatened to remove our listing. All of our guests are families or groups of older • professionals with verified personal information. If done responsibly, home rentals can be a benefit overall. We'd welcome a registration/permitting process and any taxes that might entail. Most importantly, the current 7 night minimum requirement effectively restricts home rentals to the Summer season. Any contrary experience to a large degree, beyond a spot week or two, would be due to a homeowner renting for shorter periods in violation. Thank you for your consideration and work to date on this issue. Best of luck as you continue the process! Regards, -B11J. Green 2 f , P,, -. Norklun, Stacey From: Hydell, Carol - - Sent: Wednesday,June 03, 2015 8:04 AM To: Rudder, Lynda; Norklun, Stacey; Duffy, Bill; Kiely, Stephen; Krauza, Lynne; Beltz, Phillip; Jim Dinizio; Doherty,Jill; Bob Ghosio; Louisa Evans; Neville, Elizabeth; Russell, Scott; Standish, Lauren;Tomaszewski, Michelle;William Ruland Subject: FW: Attachments: southold town-short-term-housing.docx _ From: Deborah Rivera [mailto:drivers@thesuccessiongroup.corn] W _W-. _. � ___w _._ Sent: Tuesday,June 02, 2015 4:13 PM To: Hydell, Carol Subject: Dear Ms. Hydell, How are you? I wanted to be certain that my letter was read into the minutes and recorded for tonight's meeting. Please make sure this reaches Town Clerk, Elizabeth Neville. Thank you Deborah Rivera Pittorino Greenporter Hotel 326 Front Street Greenport NY 917-254-1860 1 , •_ -r-,e '7,3 �/ �� ✓ tel f\ /�_.��\ �_ f — \__ l ✓ a (.� V �J t �1 fl-ICI b. WINE BAR April 21,2015 Dear Supervisor Russell and Board: __- _ My name is Deborah Pittorino and I am the owner of the Greenporter Hotel in the Village of Greenport. I am not only am writing to you on the topic of short term rentals as business owner and employer but also as a concerned citizen and taxpayer of the township of Southold. As a person who has spent much of her life working and traveling in third world countries, I am very familiar with the consequences of illegal and unregulatedbusinesses and the toll-they take on the societies that allow them to thrive. Take a drive from the airport in Sao Paulo or Mexico City and witness the roads in disrepair,the broken signs and traffic lights and shanty towns. This is why I feel that is it is important that as citizens within a municipality of a first world country abide by local and federal laws ranging from zoning and health codes to business licensing and taxation. As I have previously expressed to the board,I hold a hotel operator's license required by New York State law section 848 which states "The definition of a hotel is a building or a portion of a building which is regularly used and kept open for the lodging of guests" 15 years ago when I established my business, I was required to apply for this license along with registering with the NY State Tax authority and local health department in addition to many more requirements. Fast forward to 2015 on the North Fork and private homes are operating as hotels in residential areas not zoned for business use in addition to opening their doors without the proper licensing and corresponding insurance for a lodging business. Additionally,they are not registering with the New York State tax authority and, as a result,they are not required to collect New York State taxes,which go to maintain roads and infrastructure.These illegal hotels are not required to collect Suffolk County occupancy tax, which funds New York State Tourism,which promotes travel to Long Island and is the main funding source for the LICVB,the Long Island Visitors and Convention Center. Therefore,without regulation or enforcement these lodging businesses are infringing upon and undercutting legal lodging businesses with lower rates as the result of lower operating costs. They are also able to cram as many people into a house,with as many cars as they like because they are not under the juridisdiction of the Suffolk County Health departments which limits how many guests we can put in a room. The health department also conducts regular health and safety inspections for water safety, overall cleanliness,emergency egress,fire extinguishing equipment and alarms along with requiring that my staff be CPR certified. Meanwhile anyone can buy a house anywhere around us and start renting rooms under the guise of Airbnb without having to seek approval from anyone. In other words,anyone can just open their own hotel or guest house and they don't even need a sign! (and yes--we had to get approval to put up a sign too). This trend of renting houses versus staying in hotels, has resulted in a Suffolk County deficit of almost 2 million dollars last year alone from not collecting sales tax or occupancy tax. c .. _. s • ._ _i_. ......_ i . -- , -3 r 1 i ')( ) r LE-_-3 1 1 --- ( .....) i (----. 1 , , ._., „ _ _ 1 a J BisrFlo 8, WINE BAFR We must be very vigilant because if we allow houses to operate as illegal hotels without licenses or health department and fire safety requirements,we are opening the door for more underground-economy-trends that have begun with illegal hotels and will continue with illegal restaurants,roadside stands,flee markets and a barrage of businesses resulting in an economy without taxation or governance. We must regulate these businesses so that they are required to register with town hall,with the NY State tax authority,and with the local health department and other entities. Otherwise there is no reason for a business such as ours to continue as a hotel.In the end,myself and other hotel,motel and B&B owners will see no reason to operate our businesses as they are and would seek to surrender our licenses and corresponding taxation implications and-function under the protective - - -- umbrella of AirBnb,and other unregistered illegal third party brokers. We urge you to take action now and regulate short term housing on the North Fork. Thank you. Deborah Rivera Pittorino Norklun, Stacey From: Neville, Elizabeth Sent: Wednesday,June 03, 2015 2:55 PM To: Norklun, Stacey Subject: FW: Short term renters Please LF From: Russell, Scott Sent: Wednesday,June 03, 2015 1:15 PM To: Jim Dinizio; Doherty,Jill; Louisa Evans; William Ruland; Bob Ghosio Cc: Duffy, Bill; Kiely, Stephen; Neville, Elizabeth - Subject: FW: Short term renters fyi From: MARIANNE SELWYN [mailto:marselwvn@aol.com] Sent: Wednesday,June 03, 2015 1:04 PM To: Russell, Scott Cc: mim205@optonline.net; bhoppe711@yahoo.com;TAgell6030@aol.com; Izfennimore@gmail.com; ssdmmf@yahoo.com Subject: Fwd: Short term renters As a residential house owner in the Orient By The Sea development I must add my voice to the article below, sent by Miriam Bissu. As we have lived amongst renters most of the past four decades, it has always been obvious there is no "house pride" or interest in upkeep, or consideration for the neighbors. Rather than the afore mentioned 7day rental, it would stand a better long-term result if the rental minimum were to be moved to two week minimums. Hoping this will be seriously considered. . .. Sincerely, Marianne Selwyn 631-323-0150 870 Soundview Road, Orient Point. Original Message From: miriam bissu <mim205 a©optonline.net> Sent:Tue, Jun 2, 2015 2.35 pm Subject: FW: Re. Short term renters Dear Association Member, I have sent the email below to Scott Russell regarding short term renters. The public hearing is today at 4:30 p m. at Town Hall. I hope some others will be able to attend. It is not too late to send an email to Supervisor Russell and make your opinions known Your opinion does matter. 1 a 3 I etFer5 Yours truly, Miriam Bissu Begin forwarded message Subject: Re: Short term renters Date: 06/02/15 02:19:39 PM From: "Miriam Bissu" <miriam.bissu@gmail.com> To: "Russell, Scott" <Scott.Russell@town.southold.ny.us> Dear Supervisor Russell, Once again I am writing you regarding short term rentals. I hope you will share my = _ thoughts and opinions with the other members of the board. As president of the Orient by the Sea Property Owners Association I am concerned that the short term renters and the owners of such properties will claim the right to use the beach our members support and maintain financially and through their own hard work. We have devoted substantial personal and financial resources to our picnic and beach area. It is a vital asset of our community and to all of our members. We now fear we will be overwhelmed by beach goers who do not support our property, our values, and our community. We will now be charged with policing the area to protect ourselves and our property. Another of my objections to the proposed 7 day limit is that it is encouraging property owners to ask their current tenants to leave their homes in July and August so they can get higher rents from short term rentals. Recently Newsday carried an article describing just such a situation. For example, I know of a young new business owner who has been asked to vacate her home in Mattituck and was forced to move to Riverhead so the owner of the property could obtain more rent from vacationers. As a young person just starting out she was unable to pay to high rents that vacationers can pay. This proposal further limits the amount of affordable housing in our community and put even more financial pressure on those who can least afford it. I know many have joined me in expressing their fears of harm to their communities and the need for regulation. The proposed 7 days or less regulation does not really help assuage our fears. It is far too easy for many to commit for 7 days and spend the weekend out here having parties all day and into the night. I would be pleased if the new regulations required a minimum of 14 day rentals and if town building, occupancy and fire codes applied to the housing. We need to enforce these codes and put the new law in place as soon as possible. Thank you for your years of service and for your attention to this matter. Yours truly, 2 V ,.i Short term rentals Town Hall March 24,2015 I have been living in Orient by the Sea Subdivision for ten years now,served on the board of directors of the association, and am now the president. Our community is a peaceable group of many older and retired people, veterans and families. Recently some of our neighbors have been renting out their property for one or two weeks or weekends at a time. There have been parties at all times of the day and night with loud music. Unruly groups of what appeared to be unrelated adults have rented homes for the sole purpose of partying all weekend. - In sortie-instances-The-homes were rented speculators who have chosen to put capital at risk by investing in properties they do not live in.They are taking advantage of newly created web sites to draw vacationers to our area. They are maximizing their profits at the expense of the majority of homeowners in our subdivision who have invested time, energy and money in their homes and the community. Not all of the property owners using commercial web sites are speculators. Some are people who own second homes who are finding they can no longer use them or afford them. Rather than sell the property they open it up to strangers. The result is just as damaging to the community. Weekend or weekly vacationers do not build community. They do not subscribe to the same values,interests or life style of those who have retired here or are raising families, working and voting in the community. Those who rent their homes for short periods diminish the value of the property of homeowners who reside full time in the community. Orient by the Sea is a residential community. Our subdivision is not zoned for commercial use. We do not want the homes in the subdivision to become motels or rooming houses. I would like the Town of Southold to enact a code that would regulate short term rentals and rentals to more than 4-6 unrelated adults. The Town Board has a long history of listening to the will of the people and coming to their assistance in resolving issues such as the one I have described. I am confident that the board will consider the needs of the community at large in developing a code that enables us to preserve our community and way of life. ire a 1SSY D 'ieOP/ eld Y • 3/24/2015, _ ,• Gmail-Short term renters to ►, ; a Miriam Bissu <miriam.bissu@gmail.com> by k Short term renters 2 messages Miriam Bissu <miriam.bissu@gmail.com> Sat, Mar 21, 2015 at 7:39 PM To:-scott.russell@town.southold.ny.us Cc: Elizabeth.Neville@town.southold.ny.us Bcc: rcastraus@hotmail.com, Linda Fennimore <Izfennimore@gmail.com> Dear Supervisor Russell, I have been living in Orient by the Sea Subdivision for ten years now. I serve on the board of directors of the association,currently as president. The residents of Orient by the Sea are a peaceable group of many older and retired people,many veterans and a smattering of children,particularly over the summer. Our members pay annual fees to maintain the beach,pay taxes,and liability insurance. They purchased their homes here so they could enjoy their time peacefully and quietly. Recently some of our neighbors have been renting out their property for one or two weeks or weekends at a time. There have been parties at all times of the day with loud music and raucous,even drunken behavior that has disturbed our peaceful community. Speculators have chosen to put capital at risk by investing in properties they do not live in and renting them out through commercial enterprises often over the Internet.This enables them to maximize their profits at the expense of the majority of homeowners in the area who have invested their life savings in their homes. For most of the homeowners their home is their largest financial asset.These speculators are reaping profits while diminishing the value of the property of the average homeowner who resides full time in the community.This is a residential community and I don't feel that my neighbors should be running a business like a motel or rooming house in this area. Simply put,our community is not zoned for commercial use. I would like the Town of Southold to enact a law that would prohibit short term rentals or rentals for less than one month.In addition,the number of unrelated adults in such rentals should be limited to a reasonable number. Please pass on my opinions to the Code Committee and other board members so changes can be made that will ameliorate the problem. Thank you for your attention to this matter. Sincerely, Miriam Bissu httpsJ/mail.google.com/maiUWO/?ui=28.ik=e15518i01f&view=pt&search=sent&th=14c3elAd9a75b4c38,sim1=14c3eb4d9a75b4c38sim1=14c3f1c9e82Gd8df 1/2 Miriam Bissu • President, OBTSPOA On Sat, Mar 21, 2015 at 9:33 PM, Russell, Scott <Scott.Russell©town.southold.nv.us> wrote: Thank you for contacting me. I am going to share your thoughts with the rest of the town board. Again,thank you. Scott From: Miriam Bissu [mailto:miriam.bissu(agmail.com] Sent: Saturday, March 21, 2015 7:40 PM To: Russell, Scott Cc: Neville, Elizabeth Subject: Short term renters Dear Supervisor Russell, I have been living in Orient by the Sea Subdivision for ten years now.I serve on the board of directors of the association,currently as president. The residents of Orient by the Sea are a peaceable group of many older and retired people,many veterans and a smattering of children,particularly over the summer. Our members pay annual fees to maintain the beach,pay taxes,and liability insurance. They purchased their homes here so they could enjoy their time peacefully and quietly. Recently some of our neighbors have been renting out their property for one or two weeks or weekends at a time. There have been parties at all times of the day with loud music and raucous,even drunken behavior that has disturbed our peaceful community. Speculators have chosen to put capital at risk by investing in properties they do not live in and renting them out through commercial enterprises often over the Internet.This enables them to maximize their profits at the expense of the majority of homeowners in the area who have invested their life savings in their homes. For most of the homeowners their home is their largest financial asset.These speculators are reaping profits while diminishing the value of the property of the average homeowner who resides full time in the community.This is a residential community and I don't feel that my neighbors should be running a business like a motel or rooming house in this area. Simply put,our community is not zoned for commercial use. I would like the Town of Southold to enact a law that would prohibit short term rentals or rentals for less than one month. In addition,the number of unrelated adults in such rentals should be limited to a reasonable number. Please pass on my opinions to the Code Committee and other board members so changes can be made that will ameliorate the problem. Thank you for your attention to this matter. Sincerely, Miriam Bissu 1105 Park View Lane Orient, NY 11957 323-1819 3 Norklun, Stacey From: Hydell, Carol Sent: Tuesday,June 02, 2015 8:07 AM To: Norklun, Stacey; Rudder, Lynda; Duffy, Bill; Kiely, Stephen; Krauza, Lynne; Beltz, Phillip; Jim Dinizio; Doherty,Jill; Bob Ghosio; Louisa Evans; Neville, Elizabeth; Russell, Scott; Standish, Lauren;Tomaszewski, Michelle;William Ruland Subject: FW: Short term rentals From: Rena Wiseman [mailto:wisebody@verizon.net] _ _ Sent: Tuesday,-June 02, 2015 12:47 AM To: Hydell, Carol Subject: Short term rentals WE REQUEST OUR LETTER BELOW BE READ INTO THE RECORDS AT TODAY'S HEARING: Dear Scott Russell and town board Members: Many of us live in small homes on the North Fork in close proximity to our neighbors. When a neighbor suddenly turns their home into a short term rental we are directly impacted. We now have large groups of people next door each weekend/week... The noise, parties, litter, limos, multiple cars each week and hordes of people in small homes next door. We don't feel safe and have lost the feeling of being in a community. The short term rental owners have found a way of getting rich from our community without benefiting the other taxpayers. Their renters use our fire and police depts, sanitation services, hospital and they don't pay taxes on the rentals or are not charged traditional fees that legitimate B&Bs and hotels get charged that would benfit our communities. We moved to East Marion 2 years ago and are very disappointed that the town is allowing this to occur. This does not benefit our community, it will hurt it in the long run. Around the country other communities (for example Santa Monica CA, another beach community, and Easthampton, etc.) have figured out that weekends and 1 week are too short and at least 2 weeks or a month long should prevent the large problems that we are having.... Thank You Rena and Barry Wiseman 2060 The Long Way East Marion 1 c 'c,r s Norklun, Stacey From: Hydell, Carol Sent: Monday,June 01, 2015 9:16 AM To: Rudder, Lynda; Norklun, Stacey; Duffy, Bill; Kiely, Stephen; Krauza, Lynne; Beltz, Phillip; Jim Dinizio; Doherty,Jill; Bob Ghosio; Louisa Evans; Neville, Elizabeth; Russell, Scott; Standish, Lauren;Tomaszewski, Michelle;William Ruland Subject: FW: Short term rentals Original Message From: Diane[mailto:clemdi@aol.com] Sent: Friday, May 29, 2015 8:04 PM To: Hydell,Carol Subject:Short term rentals Dear Ms Hydell, I am writhing to express my concern about the proliferation of short term rentals in Southold town via AirBandB and other web sites.This new development has made it possible to buy a house, never live in it,and essentially run a hotel. I have been a resident of the North Fork since 1989 and I am very concerned that my basic peace,and quite enjoyment of my home can be disturbed by rowdy group renters. I urge the Board to adopt codes to limit stays to no less than 14 days, limit the number of unrelated renters,deal with street parking and noise,and make those rules and regulations which provide for the continued peace and quiet we have enjoyed as residents of the North Fork. This is an important time to act.Thank you for your attention to this serious matter. Please read this letter into the record and kindly forward this letter to all members of the Board. Sincerely, Diane Clemente and William Douglas Sent from my iPad I 1 � P Norklun, Stacey From: Neville, Elizabeth Sent: March 26, 2015 1:06 PM To: Norklun, Stacey Subject: FW: Short term rentals Please LF Original Message From: Russell, Scott Sent: Thursday, March 26, 2015 12:46 PM To: Jim Dinizio; Doherty, Jill; William Ruland; Bob Ghosio; Louisa Evans Cc: Neville, Elizabeth; Kiely, Stephen Subject: FW: Short term rentals fyi Original Message From: Diane [mailto:clemdi@aol.com] Sent: Tuesday, March 24, 2015 11:19 AM To: Russell, Scott Subject: Short term rentals • Dear Supervisor Scott. Russell and Board Members, I am writing to express my concern about short term rentals and as a resident of the North Fork for 25 years. I hope that you and the Board will adopt codes similar to those in East Hampton. This is an important quality of life issue. Thank you. - Diane and William Douglas Peconic Sent from my iPad 1 From: Diane <clemdi@aol.com> Date: March 24, 2015 at 11 :19:21 AM EDT To: "scoff.russell@town.southold.ny.us" <Scott.russelll@towrn.south2d.ny.us> Subject: Short term rentals Dear Supervisor Scott. Russell and Board Members, I am writing to express my concern about short term rentals and as a resident of-the-North Fork for-25 years. I-hope that you-and the Board will - - - - adopt codes similar to those in East Hampton. This is an important quality of life issue. Thank you. Diane and William Douglas - Peconic Norklun, Stacey From: Hydell, Carol Sent: Wednesday, May 27, 2015 10:33 AM To: Rudder, Lynda; Norklun, Stacey; Duffy, Bill; Kiely, Stephen; Krauza, Lynne; Beltz, Phillip; Jim Dinizio; Doherty,Jill; Bob Ghosio; Louisa Evans; Neville, Elizabeth; Russell, Scott; Standish, Lauren;Tomaszewski, Michelle;William Ruland Subject: FW: Short Term Rentals in Southold Town __ Original Message - ' From: Mimi Ellis [mailto:mimiellis@verizon.net] - Sent:Wednesday, May 27, 2015 8:25 AM To: Hydell,Carol Subject:Short Term Rentals in Southold Town I wish to add my voice to the group requesting that the town ban the rental of houses for time periods of less than one month. Noisy party houses have no place in our quiet residential community composed of seniors and families, most of whom rise and retire early. Thank you for your consideration. Sent from my iPad May 22, 2015 MAY 2 2 2015 Scott Russell,Town Supervisor Southold Town Board SUPERVISOR'S OFFICE TOVVNOFSOUOI!D 53095 Main Road, PO Box 1179 Southold, NY 11971 Dear Mr. Russell: I support short term rentals in our town because I firmly believe that it's good for our local economy and benefits local business. I am a Greenport homeowner of nearly 10 years and last year I listed my property online at VRBO (Vacation Rental by Owner) for the first time. I plan to retire to my home,staying close to my husband's family who have been residents on the North Fork for generations, and whom have been local business owners in Southold for more than 50 years. As you determine the right course of action in passing new rules governing short term rentals, please bear in mind that most of us are responsible owners and go out of our way to be sensitive to the concerns of the community. I, like the vast majority of others,take proactive measures to ensure that guests are responsible, respectful and as minimally disruptive to neighbors as possible. For example: • I have requirements for my guests that are tougher than what the law or community requires for residents. I carefully screen each of my prospective guests. I require a copy of their driver's license. I limit overnight guests to two per bedroom and require the names of every overnight guest. I also require a signed contract signifying adherence to strict rules governing usage and conduct. I even limit the number of cars at my home to only those that can fit in my driveway and on the street immediately in front of my home,strictly prohibiting any parking in front of neighboring homes. • My guests are mature adults who are genuinely interested in enjoying all of the wonderful things our community offers. I have a minimum rental age of 30. I receive thank you notes detailing their activities in town during their stay. Nearly half of my renters plan to come back based on their positive experience. • I communicate with my renters throughout their visit and I am also local during their stay. My husband and I stay aboard our boat in Greenport or at my family's home. • I am fastidious about upkeep on the interior and exterior of my home. I have weekly visits from my local landscaper and local housekeeper. I pay extra for back-yard trash pickup from North Fork Sanitation so as to maintain the beauty of the home's curb appeal. l '- • I have invested tens of thousands of dollars and countless sweat equity hours in upgrading the property value of my home, employing a wide range of local contractors, plumbers, electricians, etc., as well as endless personal hours in tending to its improvement. It is illogical to think any homeowner would diminish the value of their property, and by association that of their neighbors, by renting irresponsibly! • I am in close contact with my neighbors and speak often with them to ensure they aren't inconvenienced. I encourage them to contact me if they ever have any problems so that I can remedy them immediately. I have only ever had complaints from one neighbor: a husband/wife next door that are two of - - - - =the most vocal advocates against short term rentals in our community._ In fact,their complaints started before my first guest ever arrived! At one of your meetings,this pair cited my home as an example to support their negative opinions. I was flabbergasted! In light of what I have shared with you about my home and my short term rental practices in this letter, I hope you can appreciate how important it is to seek balanced and fact-based opinions on this issue. I also wanted to speak up and urge you to pass a 3 day minimum stay because short term rentals are primarily driven by group activities done over a weekend. My guests come out to Apple/ Pumpkin pick,visit vineyards and attend local weddings. They cannot, and do not, make these activities into week-long events.And given the economics of a group, often with children and pets in tow, B&Bs and hotels aren't an option. In fact, 9 months a year all of my guests are weekend stays. Only 1/200 requests were for a two week or longer stay. In summary, I respectfully ask that you: 1. Do not let hysterics and a few bad apples distort your view of the short term rental opportunity. The overwhelming majority of owners go above and beyond to act responsibly and support smart regulation.Those that offend should be identified and stopped. But characterizing the entire practice or all owners as irresponsible is a mistake. Short term guests spend money during their stays: eating out,visiting farm stands buying local goods. Let's not turn that economic win into a loss! 2. Do not send a message to short term renters that they are unwelcome in our community. They are a critical part of keeping our community growing.What better way to support and encourage families and businesses to be a part of Greenport for future generations? 3. Consider 3 day minimum rentals. This reflects how our guests want to visit our lovely town and anything greater will discourage them from staying. Recall that the survey presented by Abigail Field noted that nearly two-thirds of the 400 short term renters in Greenport last year won't come back if short term rentals are no longer available. Thank ou for r considera '•n. %07 isa Cradi __ _ __ Via email & fax Not for distribution beyond the Town Board, its members, or professional staff Hard copy attached May 14, 2015 Town Supervisor/Town Board = 53095 Main Rd- - - = _ - P.O. Box 1179 Southold, NY 11971 • Mr. Scott Russell, Town Supervisor • Mr. William Ruland, Town Board Member/Deputy Supervisor • Ms. Louisa Evans, Town Board Member • Ms. Jill Doherty, Town Board Member • Mr. James Dinizio, Town Board Member • Mr. Robert Ghosio, Town Board Member Dear Board Members, I am writing to you regarding "A local Law in relation to Amendments to Chapter 280, Zoning in connection with Transient Rental Properties". Due to a university.graduation, I am not able to attend the public hearing on June 2 regarding this very important issue so I am providing my comments here. I am a homeowner in East Marion and have been for the past 17 years. Prior to becoming a homeowner I rented a home in Nassau Point for six (6) years during the summer months. Having been a renter, and now a homeowner, I am accommodating to people who wish to rent on the North Fork, as well homeowners who want to rent their homes. However, I believe that short term rentals, any period of less than 14 nights, creates significant issues for neighbors, the ecosystem, as well as the Town of Southold. In addition, I think the number individuals occupying a house needs to be considered for regulatory supervision by the Board, as this causes additional problems and exasperates the problems created by a rental of any length. We must first consider the issues that any rental property can create, and has created within my community and others: • Trans being left outside, resulting in garbage being spread about by raccoons. • Visiting dogs left unattended in unfamiliar homes, porches, or outside, and barking continuously, and disturbing the peace and quiet of the community. • Gatherings at private beaches which leave garbage behind for other homeowners to experience and clean up. • Loud parties which run late into the evening and disturb neighbors. • Numerous cars parked on lawns and on residential streets, creating traffic issues and issues for emergency vehicles. • Higher traffic on residential roads. • Increased boat and jet ski activity around beach areas • Security concerns in smaller association communities. All of these issues are exasperated when homeowners use their residences for transient rentals, at times for as little as two nights. And, in many cases, sleeping accommodations of greater than the number of persons who ever resided in the house are being advertised for these rentals. - - For example, a weekly rental (7 nights) advertising sleeping accommodations for 11 persons could result in 143 different people residing in the rental property over the 13 weeks of summer(11 persons x 13 weeks)! A short term rental (2 nights) increases the number of people renting a home to 506 persons ((92 nights/2)x 11)! And, as many communities have more than one home in the community engaged in transient rentals, this number is multiplied a number of times over. Therefore, surrounding taxpayers are being expected to accommodate the extra traffic that comes with what resembles, commercial ventures located in their community. The activity that the neighbors are expected to accommodate is not just the extra activity of the renters. In any rental situation, a 'change over' day is required for the cleaning of the house for the next tenants. Neighbors are expected to further accommodate the extra activity associated with these days—cars leaving and coming, boats being moved in and out, cleaning crews entering and leaving. With a two day rental, this occurs every other day. With a weekly rental it occurs every Saturday, which, for many residents, is our'day off. From an environmental perspective, we need to recognize that the North Fork is dependent upon its water--sea for fishing and clamming, groundwater for the vineyards and farms, bays and inlets for swimming and kayaking. More persons using limited resources results in greater wear on our fragile ecosystem and could jeopardize the availability and quality of this water. Many homes on the North Fork are still serviced by septic systems and well water, and the septic systems of these homes were not designed to accommodate "commercial" use (which more tenants that usually live in the house suggests). Nor can our limited groundwater accommodate the extra use or the extra waste material that will be disposed via the septic systems. It is also important that we consider the financial implications of home rental within the Town of Southold. Hotels and B&B's on the North Fork are dependent upon the revenue that short term guests bring; a considerable percentage of hotel and B&B guests are weekend or two/three night visitors. These small businesses provide vital tax revenue for the Town of Southold -their business owners are required to collect and remit sales and hotel taxes, which the Town of Southold residents benefit via the support of the services provided by the Town.Although homeowners are obliged to record rent as income and pay taxes on this income, the tax revenue stream does not remit back to the Town of Southold. Also, as B&B's and some of the hotels do not supply meals, their guests frequent the restaurants in the area. In summary, rentals are expected in a 'summer community', and in some cases, very welcome. It is nice to be able to share the beauty of our community with others. However, short term rentals support a transient environment, strains our sensitive ecological ecosystem, raises security issues, and deprives other homeowners (our neighbors) of the peace and quiet they sought when purchasing....The Town of Southold may also bear the consequences, resulting from a loss of tax revenue, as well as loss of some very charming small business establishments in the towns of the North Fork. I suggest that the Town Board consider regulations that only permit rentals of 14 nights more. Thank you for your time and consideration. Regards, Kathleen Dwyer 665 Bayview Drive East Marion, NY 11939 917 767 5095 BOX 597 ORIENT, NY 11957 MAY 9, 2015 r, MR. RUSSELL A. SCOTT, TOWN SUPERVISORT® 'Ti" BOARD 53095 MAIN RD E C E I V �/ P.O. BOX 1 179 SOUTHOLD, NY 11971 MAY 18 2015 SUPERVISOR'S OFFICE DEAR MR. SCOTT AND TOWN OF SOUTHOLD BOARD MEMBERTWN OF SOUTHOLD I WOULD ONCE AGAIN LIKE TO PUT IN A WORD ABOUT THE SHORT-TERM RENTAL PRACTICES THAT ARE SO GREATLY INFLUENCING OUR QUALITY OF LIFE ON OUR BELOVED NORTH FORK. PM ATTACHING MY LETTER OF JAN 4 TO REMIND YOU OF OUR POSITION AND OF THE UNTENABLE SITUATION WITH REGARD TO THE PROPERTY ADJACENT TO OURS AT 440 WINDWARD RD. WE CONTINUE TO BE PLAGUED BY LARGE GROUP RENTALS ON EACH AND EVERY WEEKEND, OFTEN TIMES JUST FOR SATURDAY NIGHT. THE MENTALITY IS A "PARTY" MENTALITY WHICH IS QUITE SIMPLY DESTROYING OUR QUALITY OF LIFE. TWO WEEKENDS AGO, THE MANY "GUESTS" NEXT DOOR SAW FIT TO CAVORT AROUND THE BACKYARD IN THONG UNDERWEAR AND BRAS AS THEY ENJOYED THE NEWLY WARM SPRING WEATHER. THIS PAST WEEKEND AS WE WERE ATTEMPTING TO HOST A REAL ESTATE OPEN HOUSE, THE MANY "GUESTS" NEXT DOOR WERE USING OUR BACK YARD AS OVERFLOW SPACE FOR THEIR SOCCER GAME. EVERY WEEKEND, WE ARE CONFRONTED WITH LOUD PARTYING, THE COMMOTION OF MANY CARS COM241G AND GOING, AND LOUD MUSIC AS PEOPLE CONGREGATE AT THIS PROPE TY TO 'TPARTY" UNTIL ALL HOURS. ALL OF THIS IS VERY UNFAIR TO ALL OF US WHO CAME TO THIS AREA FOR THE PEACE AND TRANQUILITY THAT THIS BEAUTIFUL SETTING HAD PREVIOUSLY PROVIDED. WE HAVE LOVED OUR TIME IN ORIENT AND ARE APPALLED THAT THE TOWN IS ALLOWING THIS MISUSE OF RESIDENTIAL PROPERTIES. OUR NEIGHBOR IS RUNNING A COMMERCIAL ENTERPRISE FROM HIS HOME. WE URGE YOU TO ADOPT AND ENFORCE A 2-WEEK MINIMUM RENTAL LAW WITH STIFF PENALTIES FOR INFRACTIONS. PLEASE ALSO CONSIDER THE FREQUENCY OF THESE RENTALS. THANK YOU FOR YOUR COMMITMENT TO PRESERVING OUR QUALITY OF LIFE IN THIS IDYLLIC PART OF THE WORLD. GRACE AND PETER GORMAN 440 WINDWARD RD. • Box 597 'RIENT,--N JANUARY_4, 2015 MR. A. SCOTT, TOWN SUPERVISOR I TOWN BOARD 53095 MAIN RD P.O. Box 1 179 SOUTHOLD, NY 11971 DEAR MR. SCOTT AND TOWN OF SOUTHOLD BOARD MEMBERS: WE WOULD LIKE TO TAKE THIS OPPORTUNITY TO WEIGH IN ON A MATTER THAT GREATLY IMPACTS THE QUALITY OF LIFE ON OUR BELOVED NORTH FORK. WE CAME TO ORIENT PT. FROM THE CITY TEN YEARS AGO SEEKING THE BEAUTY AND SOLITUDE THE AREA PROVIDED. WE'VE LOVED THE QUIETUDE AND PEACE OF OUR GARDENS, THE SUNSETS AND LI SOUND. THIS PAST SEASON, HOWEVER, OUR QUALITY OF LIFE HAS BEEN GREATLY DIMINISHED BY THE CONSTANT PRESENCE OF SHORT-TERM RENTERS IN TWO OF THE PROPERTIES ON OUR LITTLE PRIVATE ROAD WITH JUST FIVE HOMES. THE HOME DIRECTLY ADJACENT TO OURS IS ADVERTISED AS BEING AVAILABLE FOR LARGE GROUPS EVEN FOR A SINGLE NIGHT. INDEED THERE HAVE BEEN NIGHTS WHERE THERE WERE AS MANY AS 14 CARS IN THE DRIVEWAY WITH MUSIC VIDEOS BEING PROJECTED ON THE SIDE OF THE GARAGE JUST A FEW FEET AWAY FROM OUR SCREEN PORCH AND BEDROOMS. BLARING MUSIC HAS BEEN A CONSTANT AS WELL AS PEOPLE DECIDING TO USE OUR BACKYARD AS OVERFLOW SPACE FOR THEIR RECREATIONAL ACTIVITIES. THIS PAST SEASON, WE ENDURED THE ARRIVAL OF A PARTY BUS THAT DEPOSITED ITS CONTENTS (A WEDDING PARTY AND GUESTS) WHO THEN DECIDED THAT OUR BACKYARD WAS THE PERFECT SPOT FOR THEIR WEDDING PHOTOS. PEOPLE ARE NOT RESPECTFUL OF THE BEACH, THE ENVIRONMENT, PRIVATE PROPERTY OR THE NEIGHBORS IN RESIDENCE. WHEN DID THE ZONING FOR OUR QUIET NEIGHBORHOODS CHANGE TO ALLOW PEOPLE TO RUN BUSINESSES LIKE THESE FROM PREVIOUSLY RESIDENTIAL NEIGHBORHOODS? IT APPEARS TO BE A VIOLATION OF ALL WE SEEK TO PRESERVE ON THE NORTH FORK. RECENTLY, PERSONAL CIRCUMSTANCES HAVE LED US TO LIST OUR HOME FOR SALE. TO DATE WE HAVE RECEIVED ONE OFFER, WHICH REFLECTED CONCERN OVER THE SITUATION WITH THE RENTAL PROPERTY NEXT DOOR. PLEASE ADDRESS THESE ISSUES. WE URGE YOU TO TAKE THE STEPS NECESSARY TO PRESERVE THE QUALITY OF LIFE, WHICH DREW US ALL TO THE NORTH FORK TO BEGIN WITH AND AT THE SAME TIME PROTECT OUR PROPERTY VALUES. PLEASE PASS LEGISLATION LIMITING THE FREQUENCY AND DURATION OF SHORT-TERM RENTALS. THANK YOU FOR YOUR CONSIDERATION ON THIS MATTER. (1,-e .11 /IN3 .7ser'0"/ GRACE AND PETER GORMAN 440 WINDWARD RD. Norklun, Stacey From: Neville, Elizabeth Sent: Monday, May 04, 2015 8:38 AM To: Norklun, Stacey Subject: FW: Local Law No.215 LF From: Beltz, Phillip Sent: Monday, May 04, 2015 7:55 AM To: 'John A Viteritti' - Cc: Neville, Elizabeth -- - Subject: RE: Local Law No. 215 John the correct"process"would be for you to send your comments in writing(email is fine)to Town Clerk, Elizabeth Neville who would send to Town Board,submit for public record,etc. Her emailappears in cc above or send to Town Hall, PO Box 1179. Thank you. From: John A Viteritti,[mailto:jviten1ftoptonline.net] Sent: Saturday, May 02, 2015 15:16 To: Beltz, Phillip Subject: Local Law No. 215 Phil, I read the proposed law re: rentals. I don't know if I will be able to attend the Town Board Hearing on June 2nd. Is it possible for you to communicate my thoughts to Scott Russell? In my opinion, seven days are too short. I would like to see fourteen days. Also, I believe the number of times that the same property may be rented in a given period should be limited. East Hampton allows fewer than fifteen days twice in a six month period. I can't support it with statistics, but I would suspect that code violations and overcrowding are not uncommon when rentals are involved. I also feel that the landlord's opportunity for rental income from non-residents will have an adverse impact on local residents in search of year round rentals that are affordable. Thank you for any assistance you can provide. John Viteritti • Y V JOHN A.VITERITTI 160 ALBO DRIVE LAUREL,NEW YORK11948 RECEIVED MAY - 72015 May 4, 2015 Southold Town Clerk Ms. Elizabeth Neville,Town Clerk Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Local Law No. 2015 Dear Ms. Neville: I am submitting this letter for the Public Record regarding"A Local Law in relation to Amendments to Chapter 280,Zoning, in connection with Transient Rental Properties" stating my opinions. The proposed seven day minimum is too short a period of time. I would ask that the Board consider a fourteen-day minimum. The number of times that the same property may be rented in a given period of time should be limited to twice in a six month period. Code violations and overcrowding are common with respect to short-term rental properties. A landlord's opportunity for rental income from non-residents on a short term basis, is contrary to the ability of local residents to find year round rentals at affordable rents. I appreciate the opportunity to share my opinions with thee Town Board. Respectfully, di . , .. ,, , _ , is , i• n A.Viteritti Page 1 of 1 Norklun, Stacey From: Neville, Elizabeth Sent: April 07, 2015 10:06 AM To: Norklun, Stacey Subject: FW Air BNB, etc.. From: Russell, Scott Sent: Monday,April 06, 2015 3:57 PM To: Russell, Scott; Jim Dinizio; Doherty,Jill; Louisa Evans; Bob Ghosio; William Ruland Cc: Duffy, Bill; Kiely, Stephen; Neville, Elizabeth Subject: FW: Air BNB, etc... FYI _ -- -. - -- - - -- - - - _ -- -- - , --- - - -- From:j c [mailto:jc989829@gmail.com] Sent: Monday, April 06, 2015 3:18 PM To: Russell, Scott Subject: Re: Air BNB, etc... Forwarded message From j c <jc989829 tr,gmarl.com> Date: Mon, Apr 6, 2015 at 8.03 PM Subject. Air BNB, etc . To-jin@jamesdimzio corn, nilandfarm@yahoo.com, bob ghosio Itown.southolcl.ny.us,jill doherty@town southold ny-us, 1pevans@fishersisland net Hello, I hope it's not too late to acid my voice to the "not less than two weeks" stays for short term rentals with absent landlords. I'm sure you realize that many people that come here for 1 night or the weekend, especially young people, are here to go the wineries and have fun. That very often means by the time they get back home, they are drunk and noisy, disrupting an otherwise quiet neighborhood. A two week stay also cuts down on the amount of turnover in a neighborhood. When people live in a residentially zoned area, they expect and deserve the neighborhood to be residential not business A transient industry like Air BnB etc, is upsetting and unnerving for the majority of people that live here and pay taxes I think you are the fairest and smartest board that I've seen in this town, but all too often in the past so much legislation seems to be skewed toward business and the people who make money on tourism. The regular people of this town that, again, live and pay a lot of taxes also, get the short end of the stick I understand that our healthy economy and the rising value of our property is largely a result of said tourism, but it needs to be balanced with respect to the rest of the town ...people that just want some peace and quiet when they get home. I think a "two week minimum stay" strikes that balance. Thank you, Judy Clark 631 765-5263 4/7/2015 Page 1 of 1 Norklun, Stacey From: Neville, Elizabeth Sent: March 27,2015 9:44 AM To: Norklun, Stacey Subject: FW: Summer rental agreements Please LF From: Russell, Scott Sent:Thursday, March 26, 2015 1:46 PM To: Jim Dinizio; Doherty, Jill; William Ruland; Louisa Evans; Bob Ghosio Cc: Neville, Elizabeth; Kiely, Stephen . Subject: F\N: Summer rental agreements - - fyi From: Kathleen DePetris [mailto:nanadeofnc@gmail.com] Sent: Thursday, March 26, 2015 1:19 PM To: Russell, Scott Subject: Summer rental agreements Dear Scott, I am a long timer from Southold who shares time with my family, some of whom still live there and some whose jobs have moved them out, and now enjoys a rental on the Bay for 1 week/yr. Lester Albertson, my Dad, also shared your job from many years back. Many of the Albertson family still call Southold home. Recently, we lost my cousin, Dick Winters, whose mother Marion Regent was Town Clerk and, incidentally, signed my marriage license in 19701 Enough about family The reason for this email is to ask the board to continue to issue 1 week rentals and NOT require a 14 day time period. This proposed change would ultimately result in many cancellations and lost revenue for Southold Town Times are rough and money isn't as plentiful as it used to be for many would-be renters If this change passes,I will have to cancel my summer plans for August In closing, I will repeat that my proposal is to keep 7 day rentals in place -Thank you for your time, Kathleen Albertson DePetris 3/31/2015 Page 1 of 1 Norklun, Stacey • From: Neville, Elizabeth Sent: March 26,2015 12:55 PM To: Norklun, Stacey Subject: FW: Minimum rental terms Please LF From: Russell, Scott Sent:Thursday, March 26, 2015 12:39 PM To: Bob Ghosio; Neville, Elizabeth; Jim Dinizio; Doherty, Jill; William Ruland; Louisa Evans Cc: Neville, Elizabeth; Kiely, Stephen Subject: FW: Minimum rental_terms - ___. __ ___, , ___ - - _ __-� fyi From: Scott DePetris [mailto:sdepetris©portware.com] Sent: Wednesday, March 25, 2015 9:52 PM To: Russell, Scott Subject: Minimum rental terms Scott, By way of quick introduction, I was born and raised in Southold and graduated Southold HS in 1995. Many family members from the Albertson side of my family still live on the North Fork. I was told this evening that the town is considering a 14 day minimum rental term for houses.As someone who thoroughly enjoys visiting home but can only do so for week long stays I hope this doesn't get passed-week long rentals allow more people to enjoy the north fork, see what it has to offer and create economic benefit for everyone. Wanted to pass along my thoughts as you think through this. All the best, Scott DePetris - --President and COO Portware, LLC 233 Broadway,24th Floor New York, NY 10279 Direct' 212-370-8350 Mobile: 917-270-3900 3/26/2015 Norklun, Stacey From: Neville, Elizabeth Sent: March 26, 2015 1.08 PM To: Norklun, Stacey Subject: FW: Rentals Please LF Original Message From: Russell, Scott Sent: Thursday, March 26, 2015 12:35 PM To: Jim Dinizio; Doherty, Jill; Bob Ghosio; William Ruland; Louisa Evans Cc: Neville, Elizabeth; Kiely, Stephen Subject: FW: Rentals fyi Original Message From: Janice [mailto:robjans2@yahoo.cam] Sent: Thursday, March 26, 2015 8:57 AM To: Russell, Scott Subject: Rentals Please make rental minimum seven days not fourteen. Thank you. Janice Sweet Sent from my iPhone 1 Page 1 of 2 Norklun, Stacey From: Neville, Elizabeth Sent: March 26, 2015 12 55 PM To: Norklun, Stacey Subject: FW New Rental Law Please LF From: Russell, Scott Sent: Thursday, March 26, 2015 12:43 PM To:Jim Dinizio; Doherty,Jill; Bob Ghosio; William Ruland; Louisa Evans Cc: Neville, Elizabeth; Kiely, Stephen Subject: FW: New Rental Law fyi From: Dombrowski, Paul (New York) [mailto:Paul.Dombrowski©aecom.com] Sent:Tuesday, March 24, 2015 3:31 PM To: Russell, Scott Subject: New Rental Law When we bought our house in East Marion nine years ago, it was a community of weekenders like us Recently, more of the area is being rented with the inherent problems of noise, lack of privacy and property concern, free-running pets, among other issues. We strongly support a limit on the amount of time a house may be rented during the season • Thank You Paul & Loretta Dombrowski Paul Dombrowski, PE Chief Resident Engineer GPI/CTE A Joint Venture 4105 Ave.V Brooklyn NY 11234 347-702-6430(o) 917-299-7131(c) This e-mail and any attachments contain AECOM confidential information that may be proprietary or privileged If you receive this message in error or are not the intended recipient,you should not retain,distribute,disclose or use any of this information and you should destroy the e-mail and any attachments or copies 3/26/2015 Norklun, Stacey From: Neville, Elizabeth Sent: Tuesday,July 07, 2015 10:40 AM To: Norklun, Stacey Subject: FW: Letter regarding short term rental for the public meeting on June 2nd Please LF Thanks From:_ Ellen Wexler[mailto:ellenwexler@gmail.com] Sent: Tuesday,July 07, 2015 10:17 AM To: Russell, Scott Cc: William Ruland; Ipevans@fishersisland.net; Doherty,Jill;Jim Dinizio; Ghosio, Bob;Tomaszewski, Michelle; Standish, Lauren; Neville, Elizabeth; Lori Hollander Subject: Re: Letter regarding short term rental for the public meeting on June 2nd Dear Southold Town As you continue to discuss the potential ill effects of short term rentals in our Town please take a look at the following articles on how other tourist destination communities are enacting rules. Like the North Fork these towns are faced with an onslaught of homes and apartments being turned into what are in fact hotels.They are feeling the damaging effects on the safety and quality of life in their neighborhoods,and on long term housing for local people. Please look at the links below Important factors each community is looking at: • Minimum length of a short-term rental. • Maximum total number of days a year the property can be rented out. • Is the owner of the property in residence when a room is rented? • How many days a year are the owners in residence?Is it their personal home? • How to have owners register their short tenn rental business with the Town? • Insurance policies for rental units and hotel taxes owned 1.How Berkeley CA is dealing with the bad effects of short term rentals Mtn//www.berkeleyside.com/2015/05/26/short-term-rentals-are-squeezing-out-berkeley-renters/ 1 2.The Short Term rental rules that San Francisco put in place recently.Although Airbnb company is based there as the short term rentals grew the ill effects became housing and quality of life problems h ttp://www.nolo.com/legal-encvclop edia/overview-airbnh-law-san-francisco.html 3.The tourist destination of the Sedona Town also put rules into effect to save the quality of the area: http://www.sedonaaz.gov/sedonacros/Modules/ShowDocument.aspx?documentid=24874 Thank you for your consideration.This problem is only going to get worse if we do not have the will to deal with it now. Ellen Wexler Southold On Sun, May 31, 2015 at 3:17 PM,Ellen Wexler<ellenwexler@gmail.com>wrote: Town Of Southold Thank you for addressing the Tsunami of short term rentals houses hitting in the North Fork. My husband and I will be out of Town on June 2nd and can not attending the meeting June 2nd Attached is my letter regarding the issue to put on the record . Allan and Ellen Wexler Southold Ellen Wexler 305 West 20th st#1 NYC,NY 10011 212 989-7975 Southold Studio 631 765-9321 2 Norklun, Stacey From: Hydell, Carol Sent: Wednesday,June 03, 2015 8:03 AM To: Rudder, Lynda; Norklun, Stacey; Duffy, Bill; Kiely, Stephen; Krauza, Lynne; Beltz, Phillip; Jim Dinizio; Doherty,Jill; Bob Ghosio; Louisa Evans; Neville, Elizabeth; Russell, Scott; Standish, Lauren;Tomaszewski, Michelle;William Ruland Subject: RE: Letter regarding short term rental for the public meeting on June 2nd From: Ellen Wexler[mailto:ellenwexler@gmail.com] Sent: Tuesday,June 02, 2015 4:27 PM - To:-Hydell, Carol - - - - - - Subject: Fwd: Letter regarding short term rental for the public meeting on June 2nd Subject: Letter regarding short term rental for the public meeting on June 2nd Town Of Southold Thank you for addressing the Tsunami of short term rentals houses hitting in the North Fork. My husband and I will be out of Town on June 2nd and can not attending the meeting June 2nd Attached is my letter regarding the issue to put on the record. Allan and Ellen Wexler Southold Ellen and Allan Wexler Southold 1 From: > To: Date: 03/24/2015 11:49:32 AM Subject: Fwd: The problems of Short Term rentals in residential neighborhoods Sent from my iPad Begin forwarded message: From: Ellen Wexler <ellenwexler@gmail.com> Date: October 24, 2014 at 1:13:09 PM EDT Subject: Fwd: The problems of Short Term rentals in residential neighborhoods From Scott Forwarded message From: Russell, Scott <Scott.Russell@town.southold.nv.us> Date: Fri, Oct 24, 2014 at 1:09 PM Subject: RE: The problems of Short Term rentals in residential neighborhoods To: Ellen Wexler <ellenwexier@gmail.com> This problem has really exploded over the last year or two and I know the board is planning on addressing it. We are currently considering zoning changes that would prohibit such a use in a residential swelling. I will keep you posted and thank you for your input. Scott From: Ellen Wexler [mailto:ellenwexler@gmail.com] Sent: Friday, October 24, 2014 12:54 PM To: Russell, Scott Subject:The problems of Short Term rentals in residential neighborhoods Dear Scott We on the North Fork are beginning to feel the effects of illegal short term rentals in private homes. Go on websites like Airbnb or Vrbo and put in our town. You will see the explosion of short term rentals. Homes in residential areas are being rented out by the day or weekend, like a hotel (though often with no owner on the premises), for events such as weekend long bachelor parties. Communities all over the country are needing to address these new problems and enacting laws or strengthening existing laws concerning the length of time and number of times a year a residence can be rented out. These short-term rentals can cause considerable fri neighborhoods. Long-term residents—both renters and owner-occupiers--complain of the increased traffic, noise, and sporadic upkeep associated with short-term rentals. In response, some communities have sought to limit short-term rentals through municipal action. Sedona Arizona has long had a short-term rental ordinance and to keep the ordinance, added penalties against advertisers of these rentals, and raise the penalty for noncompliance from $250 to $2500. In support of its decision, the council noted Sedona's"small-town character, scenic beauty and natural resources"and concluded that an ordinance prohibiting short-term rentals was necessary"to safeguard the peace, safety and general welfare of the residents of Sedona . . . by eliminating noise, vandalism, overcrowding, neighborhood uncertainty, high occupant turnover, diminuti • :.t ' ___ _ short-term_rentals]."_Short-term=rental_restrictions like_Sedona'._ __._ _____ _ __ _ _ ___.___ -___ -- aesthetic tranquility and quality of life of neighborhoods. zoning regulations, courts have encouraged municipalities to use other measures—such as definitions of family or increased enforcement of nuisance codes—to mitigate the impact of potentially disruptive, short-term renters on a community. In Ewing v. City of Carmel-by-the-Sea in CA, the court compared the threat posed by short-term rentals to the residential character of the community with the goal of zoning ordinance banning short term rentals. Rather than focus on the empirical dispute about whether short-term renters adversely impacted communities more than homeowners or long-term tenants, the court instead concluded that short-term tenants do not engage in community- strengthening activities. Therefore, a rational relationship existed between the ban and the goal of protecting residential character. Nearer to home both Southampton and the Town of East Hampton (which includes Montauk and parts of Sag Harbor), have laws where rentals for less than two-week periods are limited to two every six months.Southold Town needs to follow in their footsteps and address the airbnb issue -so we can all sleep at night. We hope that Southold Town enacts laws to protect our community from becoming a Town of rentals instead of neighbors. Ellen Wexler Southold Ellen Wexler 305 West 20th st #1 NYC, NY 10011 212 989-7975 TESTIMONY OF KATHARINE BICKNELL OF SOUTHOLD, NEW YORK My name is Katharine Bicknell and I am a homeowner in the Hamlet of Southold. I am testifying today to respectfully request that the Board not enact restrictions against short-term rentals. Purchasing a home in Southold was a dream come true for me,and I cherish the time I spend in my home and in Southold. I love waking up in my home,going for walks along the Sound,visiting farm stands and frequenting local stores and restaurants. I also find incredible joy in sharing my home and the area with my friends and family,and showing them the beauty Southold and the North Fork have to offer. While I treasure my home, I also rent it occasionally to help cover the costs of maintaining and upgrading the property,which benefits local businesses. Over the past year, I've used the rental income to help cover the cost of installing a new roof,new drywells,and improving the landscape,all of which have benefitted local businesses. This year I intend to use the rental income to refinish the exterior of the house and deck,as well as other repairs. At some time in the future, I hope to not need rental income to help offset these costs, but that is not the case currently. As my home is very valuable to me, I am very careful about who I rent my home to. I research the` potential renters, I ask them about their plans for their visit,and I specifically communicate to each potential renter that the home could not accommodate a large group or party, but that it is a wonderful place for a family to spend time together. I limit the number of guests and I require a significant damage deposit. To date, I have not had any problems with any renters. While the rental income helps me fund repairs and improvements to my home, my renters also spend money at local stores,restaurants,farms and vineyards. While I prefer to rent my home for a minimum of one week, some people only have the time to spend a weekend,and the revenue that rental provides —both to me, and to local establishments, is beneficial=and valuable to all of us in Southold. I care deeply about my home and my community,and I make every effort to be a good resident and a good neighbor. r' On a more macro level, I am concerned that limiting shortterm rentals will have a significant negative impact on the local economy. Many of our local businesses are dependent upon seasonal visitors. I have friends who have wanted to host weekend events in the'area, but have struggled to find lodging for guests due to limited supply. Restricting short term rentals will further reduce the supply of available lodging, leaving potential guests no choice but to goelsewhere, and causing local businesses to lose the potential revenue. Finally,as each short term rental generates hotel tax for Suffolk County, enacting restrictions on short term rentals will reduce the potential hotel tax that Suffolk County could collect. - Thank you for your attention and for your service to Southold, and again, I respectfully request that the Board not•enact restrictions against short-term rentals. -"1. Such a Friend as she has been,manifesting a kindly interest towards all of us.Her death was a fit closing to such a life as she had led,so joyous and amiable in life,and so well prepared for death. ti Carrie and Charlie were employed,as they had been six years earlier for Kingsley Young's funeral,in making the decorations,"Charlie helped me in arranging two designs that we thought suitable,"she wrote, I "especially forhet who had been so musical in health.One was a harp bordered with boxwood white lilac and tube rosebuds—the other was a lyre covered with clear boxwood leaves,bedded inn tube roses,rose geranium leaves,and some white string...."Emmas death deprived F Carrie of her most faithful and intimate friend. Carrie was performing her usual autumn tasks,preparing the fami- ly's own grapes and tomatoes,beach plums given by Betsy King,pears from Hortense Young,and apples from a Mr.Abbott.She no longer {, has to ask her mother's advice,but she does tell her everything she is doing in great detail,perhaps,still,for approval: Pa desired that I should preserve some tomatoes"to a candy"for his benefit as he had paid for the sugar and I put up two pounds of the small yellow kind and '' I two pounds of the large ones,flavored with essence of lemon,half lb of sugar to a lb of fruit,he said the small ones were as good as could be,and the others good enough. { Charlie was working alongside his wife,and he had the notion to exper- iment with drying apples,"so Charlie and I worked together,a peeling, coring,cutting and stringing them...By weighing we have discovered that it takes six pounds of freshly cut apples to make one pound dried." The letter is full of local gossip.Orient was overrun with summer visitors from New York,and the village's famous commitment to tem- perance was being sorely tried."There has also been quite an outburst j of ill feeling between-Mr. Kokendaffer and Mr.James Douglass [a successful grocer from New York City]caused by Mr.Douglass being [148 1 IN HER OWN NAME �I ' 1 I I I so Intoxicated,"Carrie told Jane."He frightened Lena[ICokendaffei] and was ordered by Mr.IC.to pack his things and leave."Mary Teri y's boarders were so disorderly she had to tin ow them our,bur they went l on to Maria Merriman's hoteland booked under different names so 1 she wouldn't know who they vele."Through the influence of liquor 4 they made themselves very offensive indeed," i The fashion for summer"rustication"in the last quarter of the i nineteenth century had swept Long Island."The place[Orient]is full of boarders who appear to enjoy themselves in all the pleasures to be obtained in a seaport town.Sailboats and livery stables are doing a ` thriving business,"Southold's Long Island Traveler reported on July 22, 1 1880.The overnight steamer from New York and the railroad from ' i New York to Greenport had made the village easily accessible,and by II the late 1870s the Traveler was reporting that the few hotels in Orient ;1 were fully booked and villagers"wete eagerly preparing guest looms to I catch rhe over-floW.'The Hubbards'great friends,the Jeremiah Valls, ll took over Village House,on the east side of Bay Avenue,originally the site of Augustus Griffin's tavern."Mr.Jetemiah Vail is making exten- 'f sive repairs on the site formerly owned by his father,Gelson Vail,"the Ti aveler noted in May 1881."It is a pleasant location,and their guests l' will find every thing to be desired to make life happy."(Charlie proba- R' bly hung the wallpaper,still preserved,in the hotel's parlors.) q As usual,what was seen as a potential windfall by some members I\, of the community was experienced with horror by others.Many city people who had come as tourists now wanted to become summer res- I' idents,and they began looking for property.The market soared,and landowners predictably found the offers irresistible.One of the peo- f ple shattered by these developments was the Hubbards'close friend, Hortense Young;her father,Edwin Icing,was selling the farm and f the house she had grown up in."She said she felt as if her heart was broken for the old homestead was sold,"Carrie wrote. "Her father thought he wanted the money,so he sold the place to Mr.William Douglass[brother of the alcoholic James]...They will not move there this year—but Mr.[Henry]Young&family expect to move across the I st.[street]this fall—as she wants to have it done with." The same sale is mentioned in a contemporary diary,that of the unidentified young Terry girl,and it shows how difficult the decision BRIGHT NEW WORLD.1880-1882 [149 r. was for Hortense's father.He had been offered$8,000 for the farm,a great deal of money.But the prospect was wrenching."Edwin begins to think he shall not sell at present and is in hopes he can sell off some of his land and so keep the rest&feels as if he could not sell himself and family out of horse and house,"she wrote.Then Douglass made him an offer he could not refuse,and in October Edwin and Martha King "said that they had sold their farm to Mr.J.Douglass[sic]for$8,500. They had been thinking considerably about it lately and last night he (Mr.D)went there&they made the bargain&[he]paid$100 down." The rough equivalent in 2014 dollars would be $160,000 to $180,000.In a period when the total 1880 income of the Ellis was $674.80,$8,500 was hard to resist. The new influx of home-buyers and builders created its own motnen- tum.The father of the later frozen food magnate,Clarence Birdseye, built a grand house overlooking the Sound and treated the villagers to a fireworks display on the Fourth.On April 15,1881,the Traveler printed an encomium to the prospering community: Orient is a thriving little village on the east end of ], Long Island, having a few less than eight hundred j{ inhabitants. It supports three milkmen. In Orient may be found three first-class local markets and three ,•11) grocery and diy-goods stores.At present there are two grocery wagons which are used to deliver grocer- ies and in a few days,it is well understood,there will be two more.Where is there another village that can ' 4 make a better showing in this line? \ \\ Jane Hubbard must have looked forward to participating in this new,burgeoning economy.A transcript of her 1881 diary is in the -I OHS archive,and it covers the first half of the year and then late November and December.It is more condensed than ever,compress- ing into monthly summaries what she used to write weekly.It reads as though she were too busy to sic down to it,and that might have been the case.The year 1881 would be eventful. In the first sentence of her diary,Jane records that she had bought her husband slippers for a New Year's present and cloth to make him • ' ll X150) IN HER.OWN NAME .' I � a new shut.The Hubbards had married on the eve of the New Yeat 1851;it was their 30th anniversary.Jane was forty-nine years old.She was intermittently unwell throughout the year,with an abscessed tooth in January and a more serious illness in February,when she was sick for a whole week with an inflammation of the liver and had the doc- tor twice.She was ill again at the beginning of March."'Washed and ironed a 4 weeks wash.Not feeling well could not do them before,"she wrote.She had apparently let the mending pile up as well.She"darned eight pairs of stockings for him [her husband]very extensively,"she wrote,and later"made ovet eleven pairs of my stockings&darned six pairs more,darned nine pairs of socks for Husband."Tedious work, but she was probably comfortable sitting by her coal fire during the raw,gray month. The Ellis had a good spring;on March 15th,probably the fist trip of the year,Smith Hubbard took it to Norwich and was back three days later,having sold out;Jane had written him a long letter,she notes. Their relationship appears to have had a new intimacy.Charlie wasn't with him—he was in Southampton at a temperance convention,and Carrie,at home,was sick with a sore throat. l` On Saturday night,March 26th,Jane went alone to a temperance i meeting at the Methodist Church.She hadn't far to go to make her way home to King Street,but Bay Avenue was dark that night;'there was only the slenderest crescent moon,barely finding its way through the already leafing branches of the trees,and the illumination that might have spilled out from the gas lamps in the parlors along the street was concealed by curtains,drawn across the windows every evening.(Gas- lit street lamps were not installed in Orient until 1893.)Jane was"run into by some unknown person,&Hocked down&my right arm badly injured.So much so that I cannot yet get it to my head:'If whoever ran into Jane stopped to help her up—and she doesn't suggest that he did—she didn't recognize him as_a.villager. This was the kind of disruption that worried the local community; with the increase of visitors from the city,a certain degree of rowdiness had begun disturbing the peace that residents were accustomed to. Unruly boys tearing down the street might not have been uncommon; it ivas one of the manifestations of the changes that were taking place. An Orient iesident would even suggest to the Tinvelet in 1883 that { BRIGHT NEW WORLD:1880-1882 151 1 ' "perhaps thele is nothing which this village needs more than a police" The rowdies are accused of throwing stones,stealing fruit,and singing in the streets"and before church doors,"2 ' Jane,disven as usual,gave herself no time to mend.Her April sum- " If mary in her diary begins: My aim not much better have to do all my work with my left hand,can sew some with my right hand.Have cut some rags have wound five balls...have done a two weeks wash with my left hand. Trolled them the next day made a shit for George Champlin 25c have hemed curtain mended three nightcaps. Have scrubed all the cealing in the kitchen&all the doors in siting room. i' At the end of April she helped poor Hortense Young with the move out of her family's old house(and chaiged 25 cis for the move and 40 '1 cis for helping to settle).There is no mention of being paid for nursing, although she watched with her old friend,"Aunt"Harriet King,for two days before she died("gratis"),and in December she watched with Laura Tuthill for one night and she"staid one night with Bet[ty]King &done for her bathed her etc.on account of pain in her stomach& side,sewed for her one afternoon&eve,40 cts."The payment is specif- ically for sewing,not nursing. What stands out in the spring months is the amount of work Jane was doing on her house.She was eager to earn her share of the new • tourist dollars by taking in boarders,the spillover from the hotels.In May and June she cleaned and whitewashed all her rooms,painted the ii closets and window-casings and doors,cleaned and painted the privy inside and out,stained the parlor furniture,and varnished the stairs and stair rails.She took time out to give her friend from the South 'i Shore,Mary Barker,a tour of Orient;they visited both the cemeter- ies and the"old burial grounds"—always of interest,for the names of earlier villagers—and to the Civil War monument and to look at Mr. Birdseye's elegant home on the hill. The most significant step that Jane took in 1881 towards joining the new prosperity appears nowhere in her diary.Once again,Fanny Fern 152 i IN HER OWN NAME '! K` F e/ . Dear Town Board Members„ Just as Uber has radically changed the taxi industry in many cities in the US and around the world, AirBnB is transforming the house rental business here and around the world. Once quiet residential neighborhoods in the Town of Southold are being transformed into commercial operations lining the pockets of absentee landlords who would have us change from quiet neighborhoods into resort playgrounds. The reason we moved to the North Fork was because of the family oriented, rural character and quiet beauty of the area. We did not move to an ongoing party scene for visitors. It is absolutely essential that Southold town retain the 14 day rental requirement. This is a vital FIRST step in protecting the residents of the area. We need the Town's help to control the rental economic incentives that threaten to blight our communities. Without the Town's protection, community residents will be submerged in the growing, unregulated AirBnB tsunami. On my little street in East Marion, over 50% of the homes are currently rented. It is true that rentals have been part of Southold for many years, and that many families (including mine) have enjoyed the benefit of renting here. But make no mistake, a paradigm shift in short term rentals is occurring. The town must act to stay ahead of this short term rental tidal wave, and enforce the violations of the 14 day minimum. We commend you for realizing the original 7 day proposal would offer little, if any, relief. The 14 day proposal is an essential, long overdue first step in offering relief to our residential neighborhoods. Hopefully, r 1 • you will vote to adopt this tonight and follow up with a more comprehensive plan that includes permits, fines, and a limited number of rentals in one location, or even longer periods of rentals in residentially zoned areas. Thank you. Michael & Grace Griffin PO Box 571 East Marion Norklun, Stacey From: Neville, Elizabeth Sent: March 26, 2015 12:55 PM To: Norklun, Stacey Subject: FW: Short term rental Please LF Original Message From: Russell, Scott Sent: Thursday, March 26, 2015 12:39 PM To: William Ruland; Bob Ghosio; Jim Dinizio; Doherty, Jill; Louisa Evans Cc: Neville, Elizabeth; Kiely, Stephen Subject: FW: Short term rental fyi Original-Message From: Tom Gluck [mailto:tgluck@gluckplus.com] Sent: Wednesday, March 25, 2015 8:24 PM To: Russell, Scott Subject: Short term rental Please allow short term rentals of 7 days. We have been enjoying a week in your wonderful town every year for a decade and would not be able to do so for 2 weeks given our work schedules. Sent from a mobile device. 1 Page 1of1 Norklun, Stacey From: Neville, Elizabeth Sent: March 26,2015 12 38 PM To: Norklun, Stacey Subject: FW new short-term rental regulations Stacey, Please LF. Thanks. BN From: Russell, Scott Sent:Thursday, March 26, 2015 12:36 PM _To:JimDinizio; Doherty,Jill; Louisa_Evans;William Ruland; Bob Ghosio Cc: Neville, Elizabeth; Kiely, Stephen Subject: FW: new short-term rental regulations fyi From: Lesser, Michael frriilto:Michael.Lesser@unh.edu] ---Sent:Thursday,,-March 26, 2015 8:03 AM To: Russell, Scott Subject: new short-term rental regulations Dear Mr Russell, I am writing because my wife and I have been watching from afar about the controversy in Southhold and other towns on the North Fork regarding short-term rental regulations For well over twenty years my family has lived on the North Fork My sister is a local school teacher and my Mom and Dad are retired there. My wife and I regularly visit my family in the summer and we use short-term rentals of 1-2 weeks which fits our time availability with our work schedules and our budget constraints We love visiting the area to see our family and we always have a great time there! While I understand the concerns of year round residents, and in no way do I want come off as someone "from away"telling residents what they should do I would encourage the various representatives to move carefully for the mutual benefit of all. For us, a mandatory 2 week minimum,or longer,would definitely limit our visits there because we are able to rent the same place that allows pets to come at a reasonable price. Our dogs are our children and we don't leave them with anyone Adopting rules as are in place in the Hampton's suggests to me that that is what you will get;the Hampton's. An elite,high-end, rental area where only a limited number of people will have access. On the economic end we spend a lot of money locally as well as the rental costs so the cumulative contributions to the local economy by renters should be considerable. Again, I understand that the residents have concerns but I thought it might be useful to hear from someone who loves the community and the ability to visit our family and how it might affect us as well. Thank you for your time. Regards, Michael Lesser - Michael P.Lesser,Ph.D. Research-Professor-of Marine Science School of Marine Science and Ocean Engineering University of New Hampshire Durham,NH 03824 mpl!dunh edu 603-862-3442 Office 603-862-1215 Lab 603-862-2621 Fax http-//mcbs unh edu/faculty/lesser QiUniversity of New Hampshire 3/26/2015 Page 1 of 1 Norklun, Stacey From: Neville, Elizabeth Sent: March 26,2015 12 34 PM To: Norklun, Stacey Subject: FW rental changes Please LF Thanks. From: Russell, Scott Sent:Thursday, March 26, 2015 12:34 PM To:Jim Dinizio; Doherty,Jill;William Ruland; Louisa Evans; Bob Ghosio Cc: Neville, Elizabeth; Kiely, Stephen Subject; FW: rental changes _ fyi From: Peter Aronson [mailto:paronson@peteraronsonlaw.com] Sent:Thursday, March 26, 2015 9:38 AM To: Russell, Scott Subject: rental changes Dear Mr. Russell: I love it in Southhold and look forward to summering in your town for many years to come. However, I have heard that recently Southhold is considering changing the rental rules, requiring a minimum of a two-week rental. I think this would hurt the town and force many vacationers to look elsewhere for their summer fun. Unfortunately,not every family can afford to get away from work for more than a week at a time. I hope Southhold does not go forward with this change. It could hurt the economy of Southhold, because I imagine fewer people would choose to stay there. I believe it also would hurt the property owners,who would lose business with fewer renters. I hope this change does not come about.Thanks for considering my opinion. Yours truly, Peter Aronson LAW OFFICE OF PETER ARONSON,LLC 11 Broadway(Suite 615) New York, NY 10004 Tel:212-600-9531 Fax:646-536-8743 E-mail: paronson@peteraronsonlaw corn Website•www.peteraronsonlaw.com Focusing on Elder Law,including Medicaid planning Wills,Trusts,Probate and Guardianships. This e-mail was sent by the Law Office of Peter Aronson,PLLC. This e-mail and attachments,if there are any,may include confidential and privileged information.Its contents are intended solely for the e-mail recipient. If you are not the e-mail recipient and you received this e-mail,please delete the e-mail from your computer and please immediately contact the Law Office of Peter Aronson at 212-600-9531. Thank you. 3/26/2015 From: "Short Term Rentals" <short.term.rentals11944@gmail.com> To: t> Date: 03/7#/2015 01:22:25 PM Subject: Fwd: VRBO • Sent from my iPad Begin forwarded message: From: mb <mbutz24@aol.com> Date: March 24, 2015 at 12:52:54 PM EDT To: short.term.rentals11944@gmail.com, Subject:-Fwd: VRBO- _ _ - --- : - HERE IS ANOTHER . . . mb mbutz24@aol.com Original Message---- From:-cgragusa<cgragusa @att.blackberry.net> To:Scott Russell<scott.russell@town.southold.fly.us> Cc: Mary<mbutz24@aol.com> Sent: Mon,Sep 22, 2014 11:42 am Subject: Re:VRBO Thank you for the timely response. Yes, feel free to share my email with the board. Best, Cheryl Original Message From: Scott Russell To: cgraciusa@att.blackberry.net Subject: RE: VRBO Sent: Sep 22, 2014 11:17 AM The town board is aware of the problems being presented by sites like those and is reviewing drafts of legislation to try to address it. It is a problem that has simply exploded in the last couple of years and especially this year. We will be having a code committee meeting shortly regarding proposed legislation. Can I share your email with the rest of the board? Sent from my Verizon Wireless 4G LTE smartphone Original message From: caraausa@att.blackberry.net Date:09/22/2014 11:03 AM (GMT-05:00) To: "Russell, Scott" Cc: Mary Subject: VRBO Dear Scott, It has been a long time, since I �q '� have spoken to you (when I used to live on Harbour Lane) . I now live on Hyatt Rd where all has been calm until this past year. I live on the bluff and have gotten used to the local workers that like to come and fish by my house on weekends. However, last summer I had both of my kayaks stolen from the spot that I have always kept them on my bluff. It seems that there is a new and disturbing trend for houses to be rented to strangers with no supervision on websites such as VRBO. I often wonder if it was a coincidence that my kayaks were stolen the same year that these rentals began in my neighborhood. Hyatt Rd, as you know is a very quiet and isolated street. It is very remote which is a double edged sword and that also means that I am very vulnerable to theft. For years Hyatt and Anderson was a hidden little gem but now with one house being rented on a rotating basis that bucolic isolation can too quickly turn into a serious safety issue. I am aware that many of my neighbors are elderly and thus unable to defend themselves . Is there anything that can be done to stop the rotating door rentals that have come to our community? It has become a frightening reality to us all. All the best, � ' Cheryl Gold Ragusa Sent via BlackBerryby AT&T _ _ Sent via _ BlackBerry by AT&T 'C, From: "Short Term Rentals" <short.term.rentals11944@gmail.com> To: .net> Date: /24/2015 01:23:24 PM Subject: Fwd: Revolving door Internet rentals and safety on our isolated road Sent from my iPad Begin forwarded message: From: mb <mbutz240aol.com> Date: March 24, 2015 at 12:58:42 PM EDT To: short.term.rentals11944(agmail.com, _=-- _ - -=-Subject:-Fwd:-Revolving-door Internet-rentals and safety on our isolated road . LETTER FROM DIANE RAVITCH AND MARY BUTZ. . DIANE ALSO HAD A LETTER PRINTED IN THE SOUTHOLD TIMES Dear Scott and Bob, As you both know I have written to you about concerns regarding the rental of 235 Anderson Road. The property owners of Anderson Road have a right of way through the property owned by me and Dr. Diane Ravitch. Since the Memorial day weekend a minimum of four different sets of strangers have come into our yard and been on our property.That is-the four sets of folks that I have accidentally confronted.Today,yet again,a complete group of strangers came down my path and asked me where the beach is.When I asked them where they were from they told me "up there on Anderson Road" . .when I asked from whom they rented they were each hard pressed to even give me a name. Today one of the renters told me they rented on line through VRBO(at least that is what I thought he said). I feel terrible about confronting people in this manner. It is uncomfortable and has the potential of being dangerous. I am the only able bodied person in our house at the moment. It is totally unacceptable to have complete strangers walking through my property without appropriate notification.The family that owns 235 Anderson has opted to turn their property into a revolving door rental site. Other folks who have the right of way, inform me that they will be renting and tell me the names of the renters and exact dates of the rentals.The renters usually knock on my door and tell me that they have commenced their rental.The owners of 235 Anderson have never called me nor informed me of their plans to rent to a seemingly countless barrage of strangers who are strolling through my property. Scott you have been very helpful but I am desperately seeking a solution. Dr. Ravitch has recently had a knee replacement with very serious complications. She is not well and the tension of having all of this untoward activity on our property is not facilitating the healing process. I have got to be in the city for dental surgery this upcoming week and I am fearful of leaving Diane with this situation.The friends who are taking care of her in my absence should not be confronted with this issue. Please keep me informed about this issue. Bob you have been to this house a number of times.You know how desolate and isolated it can From: To: Date: 3/24/2015 11:53:19 AM Subject: Fwd: Sent from my iPad Begin forwarded message: From: Joyce Beckenstein <iovbeck@ootonline.net> Date: March 24, 2015 at 9:34:29 AM EDT To: Scott Russell <Scott.russell@town.southold.ny.us> Hi Scott, I cannot attend the upcoming meetings regarding the proliferation of short term rentals on the North Fork; people using their homes as illegal B&Bs and accessory apartments, but would like to voice my concerns. If allowed to continue it will surely change the character of our quiet communities, and already has. Noise, congestion, and a general lack of respect for residents is already a common problem. I dealt with it several years ago when my neighbor, who couldn't sell her home, moved to California and left her house in the hands of realtors. One renter had up to six cars and trucks jammed into her driveway and on the street every weekend and, during the summer, on many weekdays. I contacted the owner who was good enough to put a stop to the intrusions. I needn't go on...this is not what we who live here live here for. Please note my opposition to allowing these violations to continue, and share this letter with • town board members and the Code Committee. Thanks you. All best, Joyce Beckenstein r RcL.:VD ' Lori Hollander Southold Town MAR 2 4 2O1 shortterm.rentals11944@gmail.com Southold Town 'Jeri March 24,2015 Dear Supervisor Scott Russell and Board Members, Short Term Rental Concerns in Southold Town The quality of life for residents of The North Fork is being increasingly affected by an unregulated short-term rental market People who've bought their homes in residential neighborhoods can now find themselves living next to an unregulated,unsupervised and unlicensed property functioning as a commercial business. _ _ , The ability to make a profit from short-term rentals is encouraging speculators to buy up lower priced homes to be used as rental businesses.This practice is depleting the affordable housing market needed to ensure working class families a place to live in our community. One and two family homeowners,situated in residential neighborhoods,are increasingly advertising their homes for rent on commercial websites such as Airbnb and Home Away. When they list their homes for rent to large groups of unrelated adults they are not in compliance with the Southold Town Code.The Code defines one and two family homes as nonprofit housekeeping units housing no more than 5 unrelated persons over the age of 18 not related by blood,marriage or adoption. B&B's in residential neighborhoods are licensed to rent to transients on a short-term basis. B&B owners must be in residence and undergo a rigorous licensing procedure that includes regular inspections for room size per person,safety regulations,minimum on site parking space requirements and insurance. B&B owners must obtain permits and supervise their property as well as pay licensing fees and taxes to the town.These taxes pay for things such as police,fire,and highway services to name a few. Currently,short-term rental property owners who are using their homes as businesses,are not subject to any of the regulations or taxes that other similar businesses,such as B&B's, hotels and motels must follow. The towns of East and Southampton have grappled with the negative effects of these short- term rentals for a much longer time than we have. To protect their residents they were forced to implement regulations. The following regulations are examples of what South and Easthampton adopted. We would like Southold Town to consider similar guidelines to protect its residents: (1) Required issuing of rental permits on a yearly basis (2) Limiting property owner's ability to rent for less than 2 weeks only 3x in a six month period (3) Restricting acceptable bedroom sleeping area to 70 square feet for one person and an additional 50 square feet of floor area for each additional person ---over--- (4) On site parking restrictions limiting renters and their guests to parking only in the driveway of the home which they are renting (5) Routine inspections to ensure that health and safety regulations are met (6) Rental tax implementation to meet with current tax codes for commercial rentals The residents of Southold Town understand that there are tools within our code to remedy the spread of this rental problem. The codes are enforceable and amenable. The residents of Southold Town are asking the Town Board to join them in an effort to preserve our community's integrity by initiating code restrictions for this form of rental. Respectfully submitted, /7 ofre,37—\//4„. Lori Hollander March 23,2015 THE FOLLOWING ARE EXAMPLES OF THE NUMBER OF SOUTHOLD TOWNSHIP FAMILY RESIDENCES THAT ARE ADVERTISING HOME RENTAL AVAILABLITY ON WEBSITES. VRBO HOME AWAY ORIENT POINT 9 ORIENT 16 25 EAST MARION 30 30 GREENPORT 64 67 SOUTHOLD 99 100 PECONIC 10 10 CUTCHOGUE 27 27 NEW SUFFOLK 9 9 MATTITUCK 21 21 LAUREL 11 9 TOTAL 296 298 The above is a sampling of only two of many advertising sites for short term rentals. March 24,2015 Dear members of the Southold Town Board and the Code Committee: My name is Abigail Field,I am an attorney in Cutchogue, and I represent about a dozen homeowners who do short term rentals in the town of Southold through VRBO. They use their homes part of the year themselves,and generally hope to retire here. They love their homes and Southold,which is why they carefully screen their renters and why they support responsible regulation of short term rentals. Responsible regulation includes a permitting process that ensures the homes are up to code,have no more guests than appropriate given the number of bedrooms, and other reasonable requirements to ensure neighbors feel secure that their quality of life is protected. Responsible regulation also includes consistent and evenhanded enforcement of not only a short term rental code,but related quality of life codes like noise and light ordinances, and transparency of enforcement actions taken. Responsible regulation would involve a permit fee that levels the playing field with B&Bs and hotels.Finally,responsible regulation would allow weekend-long rentals. While the income from the rentals is very important to the homeowners I represent, as it is how they can afford the mortgages,they understand that is not a compelling argument for regulation that allows them to continue doing short term rentals. However,the overwhelmingly positive, large economic impact on the Town of Southold should be compelling. Assessing the Economic Impact of Short Term Rentals Quantifying the economic impact is not a straightforward task,but we have gathered data that illustrates the large,positive economic impact. Short term rental owners asked their former renters to complete an online survey about their rental experiences. In all,91 people replied. One question invited them to identify how many people they were speaking on behalf of, meaning how many people they had rented with. While some indicated they would only speak for themselves,many identified their group size. Through those answers,we learned that the data reflect the experience of about 400 people. The results reveal: 1. The majority of our short term rentals were weekends and most plan to come again • The majority of rentals were short stays--one weekend-only o 57% -weekend o 33%-one week o 6%-2*weeks o 4%-More than 2 weeks • Most plan to come again,but more than two thirds are likely to only if they can do so via a short term rental 1 al o 98% said they would rent again through VRBO and 100%would recommend the experience to their friends and family o 71%say they are unlikely or somewhat unlikely to stay at a local B&B or hotel if VRBO or other short term rental was no longer an option. This result also shows that while there is overlap between the B&B/Hotel and short term rental markets,they are not the same market. Some cited the unique experience that only a home provides---the ability to stay together as a group, experience the town like a local,cook and relax together,bring pets and children,etc. It is also true that one market can feed the other;the people who come here via VRBO may well return for a romantic weekend at a B&B, or to take advantage of.a given hotel's location or amenities. - - - -- -- -- 2. VRBO benefits our local economy with the surveyed groups spending on average $1,850 in town during their stay(5168,650/91). Given that not every renter of the owners doing the survey replied,and that less than a tenth of the listed properties were involved in the survey, as a measure of total economic impact that numberislow by at least an order of magnitude. $ 168,650 TOTAL 55,000 dining out - 25,475 Shopping 29,300 tasting rooms 12,100 farm stands 9,900 Art 5,850 Spa 9,025 limo 2 $ 5,900 fishing $ 1,550 carousel /rink $ 14,550 other entertainment - - - These numbers are small compared to the total impact;these replies were from some of the renters of less than two dozen properties(some people not my client also sent the survey to their renters.)There are 300 such listings in the Town;quite plausibly the true cumulative economic impact is more than 10 times the numbers above. 3. Not surprisingly, dining out was by far the largest economic contribution to our town from VRBO rentals • Every guest dined out-most between 3-5 times-and many businesses benefitted with spending distributed across several different establishments • Every single guest dined in a local restaurant or bar at least once during their visit • The majority did so between 3-5 times(42%)while 28%dined out between 5-7 times, followed by 13%> 10 times and 9%dining out 7-10 times • The majority of guests dined at multiple restaurants or bars during their stay. i. 54%visited 3-5 different establishments ii. 25%visited 6-9 different establishments • The most popular destinations for VRBO diners tend to be the most expensive • 48%dined at the Frisky Oyster • 39%-Noah's • 31%-North Fork Table&Inn • 30% -Blue Canoe • Groups spent approx.$55,000 in local restaurants • The majority of guests spent between$500-$1,000 dining out during their stay (40%)while 20% spent more than$1,000 4. However VRBO renters also generate considerable foot traffic in our local retail stores 3 • • Every guest patronized at least one local shop during their stay • 14%patronized a local store(gift, clothing,jewelry, grocery convenience, gallery liquor)more than 10 times during their stay • 36%visited between 3-5 different shops while 33%visited between 6-9 shops • 50%of guests spent between$100- $500 in local retail shops; 14%spent between$500-$1000 • The majority of guests(57%) spent between$100 -$500 in local tasting rooms 5. And it's not lust food and retail businesses that benefit,so do our local farmers, artists and other small businesses • 81%purchased produce at a local far stand • 76%bought local art or handicrafts • 35%rented local transportation(car or limo) • 35%rode the Greenport carousel or skated on the ice rink • • 27%visited a local spa • 14%chartered a fishing boat • 26%of respondents spent between$500-$1,000 on these activities while 21% spent more than$1,000 6. Short term rentals via VRBO are still a relatively new experience in our area • 47%of respondents were first-time VRBO renters in our area • 27%had rented twice via VRBO in our area Specific Comments from my VRBO Renters: K.B. Mar 3 Hi This would be such a shame! I completed the survey, and made sure to comment on how disappointing this would be, and how much potential future business the town of Greenport would lose out on,just based on our group of 7's desire to return,both as a group of 7,and with other friends/relatives. • 4 A.H. Mar 2 I just filled it out. As part of our trip we had actually met with a realtor because we are interested in property in Greenport and he told us of this possible law. I hope it does not pass. I mentioned it in the survey but if not for VRBO we would never have visited Greenport last summer and since discovering it we've been back 3 more times. We truly love it there and given our circumstances(children,dog, etc)a hotel or B&B just doesn't suit our needs. We go into town a lot and bring in revenue that would not have otherwise come into the village. _ _ ___ . _ _ Thank you again for having us at your home. It is was beautiful and we had a great time. Hi I would like to add, (there was no space for comments,)that everyone in my family(I have five adult children,a sister and brother,)received Christmas gift baskets from Vines& Branches this past Christmas and I intend to order to restock my supply.We discovered the lovely store on our stay at your lovely home last year.The gift baskets were very much appreciated by those who received them and I'm so happy to have spent time in Greenport and hope to return. I hope the survey and comments help. L. In conclusion,we urge the Town of Southold and its Code Committee to enact responsible regulation of short term rentals and enforce it consistently and transparently. That way the Town can continue to enjoy the profound economic benefits these rentals produce,while protecting the quality of life of year round residents. 5 March 24,2015 Dear members of the Southold Town Board and the Code Committee: My name is Abigail Field,I am an attorney in Cutchogue, and I represent about a dozen homeowners who do short term rentals in the town of Southold through VRBO. They use their homes part of the year themselves,and generally hope to retire here.They love their homes and Southold, which is why they carefully screen their renters and why they support responsible regulation of short term rentals. Responsible regulation includes a permitting process that ensures the homes are up to code,have no more guests than appropriate given the number of bedrooms, and other reasonable requirements to ensure neighbors feel secure that their quality of life is protected. Responsible regulation also includes consistent and evenhanded enforcement of not only a short term rental code,but related quality of life codes like noise and light ordinances, and transparency of enforcement actions taken. Responsible regulation would involve a permit fee that levels the playing field with B&Bs and hotels.Finally,responsible regulation would allow weekend-long rentals. While the income from the rentals is very important to the homeowners I represent, as it is how they can afford the mortgages, they understand that is not a compelling argument for regulation that allows them to continue doing short term rentals. However,the overwhelmingly positive, large economic impact on the Town of Southold should be compelling. Assessing the Economic Impact of Short Term Rentals Quantifying the economic impact is not a straightforward task,but we have gathered data that illustrates the large,positive economic impact. Short term rental owners asked their former renters to complete an online survey about their rental experiences. In all, 91 people replied. One question invited them to identify how many people they were speaking on behalf of, meaning how many people they had rented with. While some indicated they would only speak for themselves,many identified their group size. Through those answers,we learned that the data reflect the experience of about 400 people. The results reveal: 1. The majority of our short term rentals were weekends and most plan to come again • The majority of rentals were short stays--one weekend-only o 57%-weekend o 33%-one week o 6%-26 weeks o 4% -More than 2 weeks • Most plan to come again,but more than two thirds are Iikely to only if they can do so via a short term rental 1 o 98%said they would rent again through VRBO and 100%would recommend the experience to their friends and family o 71%say they are unlikely or somewhat unlikely to stay at a local B&B or hotel if VRBO or other short term rental was no longer an option. This result also shows that while there is overlap between the B&B/Hotel and short term rental markets,they are not the same market. Some cited the unique experience that only a home provides---the ability to stay together as a group, experience the town like a local, cook and relax together,bring pets and children,etc. It is also true that one market can feed the other;the people who come here via VRBO may well return for a romantic weekend at a B&B, or to take advantage()fa givenhotel's location or amenities_.___.--_-M-._-- ------ -----_ ------ . - --------- _-- ----- .- ------ 2. VRBO benefits our local economy with the surveyed groups spending on average $1,850 in town during their stay($168,650/91). Given that not every renter of the owners doing the survey replied,and that less than a tenth of the listed properties were involved in the survey,as a measure of total economic impact that number is low by at least an order of magnitude. $ 168,650 TOTAL 55,000 dining out 25,475 Shopping 29,300 tasting rooms 12,100 farm stands 9,900 Art 5,850 Spa 9,025 limo 2 5,900 fishing 1,550 carousel /rink 14,550 other entertainment .__ -.._These-numbers-are small-compared-to-the-total-impact-these replies-were-from-some of-the =-- renters of less than two dozen properties(some people not my client also sent the survey to their renters.)There are 300 such listings in the Town; quite plausibly the true cumulative economic impact is more than 10 times the numbers above. 3. Not surprisingly,dining out was by far the largest economic contribution to our town from VRBO rentals • Every guest dined out-most between 3-5 times-and many businesses benefitted with spending distributed across several different establishments • Every single guest dined in a local restaurant or bar at least once during their visit • The majority did so between 3-5 times(42%)while 28% dined out between 5-7 times,followed by 13%> 10 times and 9%dining out 7-10 times • The majority of guests dined at multiple restaurants or bars during their stay. i. 54%visited 3-5 different establishments ii. 25%visited 6-9 different establishments • The most popular destinations for VRBO diners tend to be the most expensive • 48%dined at the Frisky Oyster • 39%-Noah's • 31%-North Fork Table &Inn • 30%-Blue Canoe • Groups spent approx. $55,000 in local restaurants • The majority of guests spent between$500 -$1,000 dining out during their stay (40%)while 20% spent more than$1,000 4. However VRBO renters also generate considerable foot traffic in our local retail stores 3 • Every guest patronized at least one local shop during their stay • 14%patronized a local store (gift, clothing,jewelry, grocery convenience, gallery liquor)more than 10 times during their stay • 36%visited between 3-5 different shops while 33%visited between 6-9 shops • 50%of guests spent between$100- $500 in local retail shops; 14%spent between$500- $1000 • The majority of guests(57%)spent between$100 -$500 in local tasting rooms 5. And it's not just food and retail businesses that benefit,so do our local farmers, artists and other small businesses • 81%purchased produce at a local far stand • 76%bought local art or handicrafts • 35%rented local transportation(car or limo) • 35%rode the Greenport carousel or skated on the ice rink • 27%visited a local spa • 14%chartered a fishing boat • 26%of respondents spent between$500-$1,000 on these activities while 21% spent more than$1,000 6. Short term rentals via VRBO are still a relatively new experience in our area • 47%of respondents were'first-time VRBO renters in our area • 27%had rented twice via VRBO in our area Specific Comments from my VRBO Renters: K.B. Mar 3 Hi This would be such a shame! I completed the survey, and made sure to comment on how disappointing this would be,and how much potential future business the town of Greenport would lose out on,just based on our group of 7's desire to return,both as a group of 7,and with other friends/relatives. 4 A.H. Mar 2 I just filled it out. As part of our trip we had actually met with a realtor because we are interested in property in Greenport and he told us of this possible law. I hope it does not pass. I mentioned it in the survey but if not for VRBO we would never have visited Greenport last summer and since discovering it we've been back 3 more times. We truly love it there and given our circumstances(children,dog, etc)a hotel or B&B just doesn't suit our needs. We go into town a lot and bring in revenue that would not have otherwise . _ come into the village. _ _ Thank you again for having us at your home. It is was beautiful and we had a great time. Hi I would like to add, (there was no space for comments,)that everyone in my family(I have five adult children,a sister and brother,)received Christmas gift baskets from Vines& Branches this past Christmas and I intend to order to restock my supply.We discovered the lovely store on our stay at your lovely home last year.The gift baskets were very much appreciated by those who received them and I'm so happy to have spent time in Greenport and hope to return. I hope the survey and comments help. L. In conclusion,we urge the Town of Southold and its Code Committee to enact responsible regulation of short term rentals and enforce it consistently and transparently. That way the Town can continue to enjoy the profound economic benefits these rentals produce, while protecting the quality of life of year round residents. 5 From: "Short Term Rentals" <short.term.rentals11944@gmail.com> To: > Date: 03/24/2015 01:21:37 PM Subject: Fwd: letter we sent to Scott Russell Sent from my iPad Begin forwarded message: From: mb <mbutz24©aol.com> Date: March 24, 2015 at 12:48:25 PM EDT To: short.term.rentals11944@)c]mail.com, » -- - -- Subject: Fwd: letter we sent to Scott Russell THIS LETTER CAME FROM OUR NEIGHBORS ON ANDERSON ROAD . . OTHERS TO FOLLOW: Dear Mr. Russell, Since July 4th 2014 the house directly across Anderson Road from our home has been rented to a number of different individuals. The address of this property is 235 Anderson Road. This house was formerly owned by John Witherspoon. Mr and Mrs. Blydenburgh purchased the house less than a year ago. They did extensive renovations on the house but never lived there except a few weekends this spring and early summer. Now every weekend and sometimes during the week there seems to be different people staying there,some with licence plates from as far away as North Carolina and Tennessee and of course the owners of the property are not there. One renter told me,when I inquired about this situation,that he found the rental on a web site called VRBO(Vacation Rentals by Owner). He did not seem to know who the owners were. He did not even seem to know their name! We are most disturbed by this turn of events as,to my knowledge, nothing of this nature has ever happened in this area of about 30 houses on two private roads--Anderson Road and Hyatt Road. To turn a private house into a virtual hotel seems totally against town code. To be sure, people up here have rented out their houses for a month or the season, but it was to one family not a revolving hotel style rental. With one exception, houses in this area of Southold hamlet are single family dwellings not Bed and Breakfast establishments and certainly not hotels. Being just across the road from such a situation,with constant strangers coming and going makes me feel very insecure. AND NO ONE SEEMS TO BE IN CHARGE! Our community on Hyatt and Anderson roads is a fairly close knit community. We collect money to maintain the roads and cut back the brush. We all know each other to one degree or another and often socialize with one another and try to help each other out. It can be somewhat desolate up here and I have never once seen a police car patrolling these two roads. Even though we are not very far from downtown,we are pretty isolated here. Now It seems we have a hotel in our midst which diminishes all of our security not to mention property values. Last weekend there was a boisterous party at this house. We have elderly people living here, I myself am 72,who could hardlstop a robbery or home invasion. Some of the residents have serious health issues,and to have this foisted upon us is outrageous and frightening. I hope the town can do something. Any help you can give us will be much appreciated. Sincerely, Ted Hoyle (tedhovaaol.com Raymond Rodriguez ( ravrod135@aol.com) . , k 4; Icc, 4,-,-G1---Ate 610-4_,:-Wil -jr © E - WD m'1- MARY 6 2015 PO Box 571 A SUPERVISOR'S OFFICE East Marion, New York 11939 TOWN OFSOUTHOLD Dear Supervisor Russell and Town of Southold Board Members, My wife and I moved permanently out to East Marion about five years ago for our retirement. We had been vacationing out here since the early 70s (my wife since the 50s) and built here about ten years ago. The reasons we moved here include the same reasons that you are here, the beauty of the area, the family atmosphere, easy access to fishing and boating, the clean waters for swimming and clamming, the different pace of life. In short, we were attracted to the area because of the quality of life that is found here, that is no longer found up-island. Recent advances in software technology have created websites such as Airbnb and HomeAway which allow for a different type of rental than those found at the B&Bs, hotels and motels in our area. Unlike the B&Bs which are highly regulated including owner residence, licensing requirements including room size per person, minimum parking requirements, insurance and safety regulations and taxes to the town; these new rentals are not subject to these same requirements. In other words, property owners using their homes as businesses are not subject to the same regulations that B&Bs, hotels and motels must follow. Current town code prohibits short term rentals and rentals to more than five unrelated people. The violation of this code is already occurring and is negatively impacting the quality of life here, something we all cherish. As speculators buy up lower priced housing stock to be used as rentals, working class families are losing opportunities to own their own home, and may seek alternatives such as Habitat for Humanity, one home currently being built in Orient. The proliferation of party houses in our town will only degrade our neighborhoods and change a very beautiful place. But something can be done! The South Fork has been dealing with this problem longer than we have. The Town of East Hampton has created a set of codes which offer a template for our Town. Guidelines for us should include: i_ 1. Rental permits required on a yearly basis 2. Property owners limited to rent for no less than two weeks, three times in a six month period 3. Defining bedroom sleeping areas as 70 square feet for one person and an additional 50 square feet for each additional person 4. Parking restrictions requiring renters and guests to park only in the driveway of the rented home 5. Routine inspections for health and safety 6. Application of commercial tax codes to residential rentals. The creation of codes brings up the issue of enforcement. Enforcement is required not just during the week, but more importantly, on the weekend. The costs for this should not have a major impact on the Town budget. It was reported in the 7/30/2014, Traveler Watchman; The Independent, that Southampton Town's Code Enforcement Division levied $94,000 in fines from June 1, 2014 to July 30, 2014. The collection of close to $100,00 in fines could itself pay for a couple of code enforcement officers. Please take action on short term rental codes. We are on the crest of a wave. Just check Airbnb for your local community. Thank you for your consideration. Since ely, / thit(P 2-.! ..) -----1- ..._„d A,/,'..RS—, J.J-A:41(... ' Mike & Grace Griffin North Fork Environmental Council 12700 Main Road \ r` / � PO Box 799 l (' fi x� 1 ' 3 t3 Mattituck,NY 11952 C 9i? �l'-ir 7 raj 13' ,�,D RIP CCU'' Phone: 631.298.8880 Fax: 631.298.4649 7;4orteNitet t s, Web: www.NFECtoreg 13 September 2014 RECEIVED Attn: Supervisor Scott Russell Town Board SEP 1 6 2014 53095 Route 25 PO Box 1179 Southold, NY 11971 Southold Town Clerk RE: Short Stay Rental Problem Dear Supervisor Russell, I have been asked by several members of my immediate neighborhood—Hyatt Road, Horton Point— as well others across Southold to put my thoughts on paper to the Town regarding the growing problem of short-stay rentals. Personally, I have seen the troubles of short-stay rentals firsthand during the five years I lived and worked in Southampton and recently here in Southold. When you have a home where there is no live- in owner and large, transient groups coming in and out there are mulitple problems, including but not limited to: • disrespect of neighbors' property and their enjoyment of their home • disrespect of noise ordinances • overflow parking due to renters and added guests I have seen small homes rented out to bridal parties as well as NYC police officers on a rotating basis and the results were the same...disaster. But while we can agree on the social and community concerns around this issue, the NFEC and I also want to point out what we feel is an important concern—short-stay rentals are not on the same footing as B&Bs, hotels and legitmate seasonal rentals and have an unfair and inappropriate financial advantage which needs to be addressed. Overview This problem has resulted from the Town's and local businesses' success at increasing our tourism business, such as being a wedding destination where bride and groom parties for several days take over wineries, restaurants and these short-term rentals. But as things grow quickly beyond expectations, some fair and equitable controls need to be put in place. Over the years, as situations have changed, the Town came to learn and accept that changes in the Town Code were needed to address these problems. The Noise Code is just one example. The short- term rental situation needs similar review and solutions. i J Page 2 A Fair and Level Playing Field The NFEC understands that, in general, the Town does not like to add levels of beaurocracy to address problems. While simple can be good, in this case, changes in Town Code with regards to rental of residential homes are needed and necessary. Just as hotels needs business licenses, so should ALL forms of home rentals whether it be a short- term rental, seasonal rental or operation as a B&B.This licensing is critical as it gives the town the ability to enact equitable and appropriate Town Code, inspections and enforcement. The licensing would also give the town and added revenue stream to help cover any enforcement-related expenses. _ A key reason for licensing is to ensure that all rental situations conform to all safety regulations--e.g.,, _ _ _ not exceeding occupancy limits, have smoke/CO alarms, have fire extinguishers, etc. --and are properly insured--i.e., any home rented out or serving as a B&B must have applicable commercial/rental insurance coverage and not just residential-level coverage. Many homes in Southold are old and pre-date certificates of occupancy.That means that many may not be up to code, especially with key items such as smoke and carbon monoxide detectors/alarms. Licensing and inspection would help to make these properties safe and bring them up to code. With water issues in the forefront, many of these older homes also have cesspools or inadequate septic systems for the number of people these short-term rentals are housing.Again, licensing and applicable Town Code would allow for inspection and help address this issue, especially along the more popular waterfront/waterview areas, by ensuring that the septic system is working, the most up- to-date and is large enough for the number of potential guests. Let's put this in another context.All businesses in town must conform to certain code and operational requirements. For example, the Town put into effect permitting for yard sales so as to stop people having regular sales of goods out of the local storage facilities as this gave these operations a clear and unfair benefit over proper stores that had to pay rent, insurance, taxes, etc. In the case of short- term rentals, these operations are trying to gain a benefit from a commercial operation without having to conform to community standards, Town Code and operational requirements as they avoid operational costs such as proper licensing, proper insurances and applicable sales tax. If you want to put safety issues aside, this one aspect of the short-stay rental market should make the Town want to enact changes. The one aspect of the problem which is the most difficult to address is the minimum length of stay. Whatever the solution, it should not make legal B&B or hotel operations more restrictive or burdensome. The key to this is putting a minimum length of stay on home rentals where the homeowner does not live on site. If the owner was present in the home during the rental, many of the issues people have complained about—noise, late parties, disrespect of other's property—would be mitigated. What the minimum length of stay should be is another problem. While two weeks seems to be a reasonable length of time,what stops a group signing up for two weeks, a month or more on a "share" basis where you'd still have a group of different people there each weekend? In truth, you can't regulate that type of situation as the Hamptons and Fire Island have found. Page 3 Proposed Solution The NFEC wants to be clear—it is not suggested that hotels and B&Bs which operate in accordance all local, county and state business laws and practices should be subject to more restrictive regulations. Our position is that people who are using residential properties for income-producing purposes—seasonal or short-stay rentals—should be subject to the same or similar operating conditions as B&B and small hotel operators. This is from the NYS guide to sales tax.The collection of sales tax applies to: Rent for occupancy of hotel or motel rooms (including bed and breakfasts, boarding _ houses, guest houses, etc.);for more information see Publication 848,A Guide To Sales Tax For Hotel And Motel Operators, and Tax Bulletin Hotel and Motel Occupancy(TB-ST-331). It's safe to say that these short-stay rentals are likely not collecting or paying applicable sales tax while hotel and B&B operators are. And as noted above, the level playing field extends beyond the sales tax issue and includes but is not limited to, proper business registration for tax purposes, licensing, insurance and residence safety.All other establishments where guests are involved must meet various local, county and state requirements for the safety of their guests.Again, short-stay rentals should be held to the same standards. By requiring licensing of all hospitality businesses, the fees generated could be used to hire staff to review online sites, like AirBnB and VRBO (Vacation Rentals by Owner) for local rentals.These can then be checked on for licensing and adherement to Town Code, in particular for the safety of the guests. While hotel and B&B operators would also be subject to this licensing, they would welcome it as it would make sure that operators not adhering to code and other requirements are being weeded out. So, The NFEC is asking the Town to take the above steps and work with the legitimate hotel and B&B operator and business groups/associations to help define an equitable and enforceable plan around rental of residential properties, including: -- proper business registration —Southold Town licensing --applicable insurance --building safety and occupancy code enforcement —septic system inspection and adherence to code -- minimum length of stay requirements Between the Town, the hotel and B&B community, and civic associations, the town should be able to develop applicable code, guidelines and enforcement measures before the 2015 summer season. Sincerely, dekew At, William Toedter, president NFEC on behalf of the NFEC Board of Directors i` r Dear Town of Southold Board Members, The Town Board must immediately address the existing problems with residential rentals throughout the town. Short term rentals and rentals to more than five unrelated people are negatively impacting the quality of life in many neighborhoods. In fact, the problem is escalating. Unless the_Town Board takes timely_action, party houses will exist in-every -- - - -- - -- --- - hamlet, producing a myriad of negative consequences, reminiscent of the Vineyard 48 scenario. Many communities have adopted codes to address this problem. The new code adopted by the Town of East Hampton (see attached) is an excellent blueprint for amending our code. The key is rigorous enforcement. Instituting permits for rentals and fining those who ignore the codes will ensure that code enforcement pays for itself. No one should have to live next door to a nightmare. Please take action before the summer season starts again! Sincerely, (Signature) 1(21 fj/ Please Print. (Name) J-dam- 3 u-c-�60 (Address)1 • o . hod 1.CI C Pcb Gut Ido�J v ) M/9-4 4-►... Av-1 !i9'3 y (Phone#) (�/ —IP? 7 3r s.--, - TOWN OF EAST HAMPTON , ORDINANCE ENFORCEMENT DEPARTMENT PUBLIC SAFETY DIVISION .4*P-bine 300 Pantigo Place,Suite 111A East Hampton,N.Y.11937 Phone(631)324-3858 Fax(631)329-5899 Patrick J.Gunn,Esq. Elizabeth A.Bambrick Public Safety Division Administrator Director of Code Enforcement SINGLE FAMILY RESIDENCE DEFINITIONS & PERMITTED USES SINGLE FAMILY RESIDENCE §255-1-20 A residential use of land consisting of a detached and freestanding building,commonly called a"house,"designed or arranged for occupancy by one family as defined herein. FAMILY §255-1-20 A.The following shall constitute a family: (1)Any number of persons occupying a dwelling unit,provided that all are related by blood,marriage or legal adoption and provided that they live and cook together as a single housekeeping unit;or (2)Any number of persons not exceeding four occupying a dwelling unit and living and cooking together as a single housekeeping unit,where not all are related by blood,marriage or legal adoption. B. A group of persons whose association or relationship is transient or seasonal in nature,rather than of a permanent and domestic character,shall not be considered a family. C. A group of unrelated persons numbering more than four and occupying a dwelling unit shall be presumed not to constitute a family. This presumption can be overcome only by a showing that, under the standards enumerated in § 255-8-50 hereof, the group constitutes the functional equivalent of a family. A determination as to the status of such group may be made in the first instance by the Building Inspector or,on appeal from an order,requirement,decision or determination made by him,by the Zoning Board of Appeals. D. Persons occupying group quarters,such as a dormitory,fraternity or sorority house or a seminary,shall not be considered a family. USES PERMITTED IN SINGLE FAMILY RESIDENCES §255-11-62 The following are the only uses permitted in single-family residences in the Town of East Hampton: A. PRINCIPAL RESIDENCE.Permanent,seasonal or intermittent occupation by the owner's family as principal residence. B. NONPRINCIPAL RESIDENCE.Temporary,seasonal or intermittent occupancy by the owner's family as nonprincipal residence,vacation residence or second home. C. SUPPLEMENTAL USES WHEN OWNER OR OWNER'S FAMILY IN RESIDENCE. During periods of actual occupancy by one or more members of the owner's family: (1)Use of one homeoffice. (2)Engaging in home occupations. (3)Rental of one or two guest rooms. (4)Rental of an affordable accessory apartment pursuant to§255-11-63. (5)Operation of a residential museum as defined in this chapter. D. SUPPLEMENTAL USES WHEN OWNER OR OWNER'S FAMILY NOT IN RESIDENCE. During periods of nonoccupancy by all persons in the owner's family,and subject to the provisions of§255-11-64 hereof,occupancy of the entire residence by ONE FAMILY as GUEST of owner or as TENANT.In the case of such occupancy,the supplemental uses set forth in Subsection CM,jal and 11 of this section may be engaged in by a resident tenant,but the uses in Subsection C(31 and LI thereof shall be prohibited. (GUESTS AND TENANTS CANNOT ENGAGE IN AFFORDABLE ACCESSORY APARTMENT RENTAL OR ROOM RENTAL) Y y1RY 174, TOWN OF EAST HAMPTON ORDINANCE ENFORCEMENT DEPARTMENT PUBLIC SAFETY DIVISION 300 Pantigo Place,Suite 111A East Hampton,N.Y.11937 Phone(631)324-3858 Fax(631)329-5899 Patrick J.Gunn,Esq. Elizabeth A.Bambrick Public Safety Division Administrator Director of Code Enforcement SINGLE FAMILY RESIDENCES - PROHIBITED USES Excerpts of East Hampton Town Code§255-11-64.See the full code for complete statute language _ __ _ _ _____ No person,_induding the owner,shall use or permit to be used any single-family residence for any of the following:___ _ _ A.TWO FAMILY RESIDENCE.Creation, use or maintenance of a two-family residence as defined herein,except as may be authorized in certain cases by special permit pursuant to the Use Table and Article V of the East Hampton Town Code. B.MULTIFAMILY OCCUPANCY.Occupancy at any time by more than one family,except as permitted by§255-11-62C(3), Rental of one or two guest rooms,and(4)Rental of an affordable accessory apartment pursuant to§255-11-63. C. PARTIAL OCCUPANCY OR RENTAL. Rentals to, or use or occupancy by,any person or persons of less than the entire residence,except as permitted in§255-11-62C(3)and(4)hereof. D. EXCESSIVE TURNOVER. Except in the case of the rental of guest rooms pursuant to§255-11-62C(3) hereof, rentals, tenancies or occupancies constituting"motel"use as defined below. MOTEL(§255-1-20)A single-family residence which is rented to,or occupied by,a tenant or tenants for a term of not more than two weeks,on three or more occasions during any six-month period,shall be deemed to be unlawfully operating as a"motel"for all purposes under this chapter,and no such use,however long maintained, shall be deemed to give rise to a nonconforming"motel"use or to any vested right to use the residence for any purpose not specifically authorized E. SHARES.The selling of shares or the establishing of other ownership,tenancy or use arrangements in which individuals obtain rights of occupancy in individual bedrooms,whether or not specifically identified,or rights to occupy all or part of the residence on particular days of the week,specified weekends or other similar occasions or terms. F. FRACTIONALIZED OWNERSHIP INTERESTS. The creation of cooperative-style ownership, less-than-fee simple ownership or other similar arrangements resulting in proprietary tenancies for one or more persons in the residence,the establishment of interval or time-sharing ownership for any person in all or any part of the residence, or the like. However, this subsection shall not be deemed to preclude the creation of mortgages, liens, easements or other similar interests encumbering the residential property as a whole to secure a loan or for any other legitimate purposes. G. PARKING.When in use pursuant to§255-11-62D,SUPPLEMENTAL USE WHEN OWNER OR OWNER'S FAMILY NOT IN RESIDENCE(GUEST OR TENANT USE),parking of vehicles of occupants and their visitors on the street or on any property other than the lot on which the residence is located or parking overnight of more than four vehicles on said lot. THE ABOVE PARKING RESTRICTIONS DO NOT APPLY TO OWNER OCCUPIED SINGLE FAMILY RESIDENCES. H.OVERCROWDING. Occupancy of any bedroom by more occupants than permitted by the minimum area requirements set forth in§255-11-67A(9).This occupancy limitation applies to all bedrooms in single-family residences,including guest rooms in single-family residences as provided in§255-11-62C(3). §255-11-67A(9)AREA FOR SLEEPING PURPOSES.Every bedroom occupied by one person shall contain at least 70 square feet(6.5 m2)of floor area,and every bedroom occupied by more than one person shall contain at least 50 square feet(4.6 m2)of floor area for each occupancy thereof. Bedrooms having a sloped ceiling over all or part of the room shall have a clear ceiling height of at least seven feet over not less than 1/2 of the required minimum floor area and only those portions of the floor area with a clear ceiling height of five feet or more shall be included in calculating the floor area of such bedroom. Dear Town of Southold Board Members, The Town Board must immediately address the existing problems with residential rentals throughout the town. Short term rentals and rentals to more than five unrelated people are negatively impacting the quality of life in many neighborhoods. In fact, the problem is escalating. Unless the Town Board takes timely action, party houses will exist in every hamlet, producing a myriad of negative consequences, reminiscent of the Vineyard 48 scenario. Many communities have adopted codes to address this problem. The new code adopted by the Town of East Hampton (see attached) is an excellent blueprint for amending our code. The key is rigorous enforcement. Instituting permits for rentals and fining those who ignore the codes will ensure that code enforcement pays for itself. No one should have to live next door to a nightmare. Please take action before the summer season starts again! Sincerely, (Signature ;f g64 Please P n (Name) fr (Address) /g 3.5 . fl4a11937 ? (Phone#) (93/ {772-8'/ Page 1 of 1 Norklun, Stacey From: Neville, Elizabeth Sent: March 26,2015 12 56 PM To: Norklun, Stacey Subject: FW Short-term rentals Importance: High Please LF From: Russell, Scott Sent:Thursday, March 26, 2015 12:45 PM To:Jim Dinizio; Doherty,Jill;William Ruland; Louisa Evans; Bob Ghosio Cc: Neville, Elizabeth; Kiely, Stephen _ Subject: FW: Short-term rentals Importance: High fyi From: Robin Imandt fmailto:robinimandt@gmail.com] Sent:Tuesday, March 24, 2015 1:24 PM To: Russell, Scott Subject: Short-term rentals Importance: High Dear Supervisor Russell and Southold Town Board, I am unable to attend tonight's meeting,so I writing to you on the very important topic of short-term rentals I have rented through VRBO and HomeAwvay numerous times in other states. I have had wonderful experiences in beautiful homes in numerous resort areas. Many owners have a mimmnun of one week rentals I think this is fair Some owners ask for details on who is renting—others,believe it or not, do not. The owners are all very proud of their homes and provide a wonderful environment for a nice\,acation The idea of cramming a dozen or more people in one of these homes,throwing a lot of booze into the mix,and topping it with disregard for others' property and you have a mess on your hands. We as a Town need to be ahead of this problem.Now that there are tight restrictions on the South Fork people will come here. We don't need it I am in favor of: * Curbing short-term rentals to a minimum of one week * Limiting the number of rentals per year. (4-59) Requiring annual rental permits so that Tow n government,code enforcement and police know where these homes are,and can monitor activity,especially if problems are reported. An annual permit would prevent repeat offenders from having the privilege of renting year after}ear. It would also raise money,which could be used to hire evening and weekend code enforcement officers Thank you for considering this issue If I can be of any assistance please let me know. Robin Robin Imandt 631-903-7708 3/26/2015 1 Dear Town of Southold Board Members, The Town Board must immediately address the existing problems with residential rentals throughout the town. Short term rentals and rentals to more than five unrelated people are negatively impacting the quality of life in many neighborhoods. In fact, the problem is escalating. Unless the Town Board takes timely action, party houses will exist in every hamlet, producing a myriad of negative consequences, reminiscent of the Vineyard 48 scenario. Many communities have adopted codes to address this problem. The new code adopted by the Town of East Hampton (see attached) is an excellent blueprint for amending our code. The key is rigorous enforcement. Instituting permits for rentals and fining those who ignore the codes will ensure that code enforcement pays for itself. No one should have to live next door to a nightmare. Please take action before the summer season starts again! Sincerely, (Signature) kiatictvinA.A. WelAC2 Please Print:SOMM /_ (Name) rl�J ahf _ a`a.(0 Ca If el (Address) '13 r algYvt'ekobriv e 5i9"y vi.f16 N I , ' 6T M+A.100 MY //q2q I 1 -3-g (Phone#) (i3 ?) /Cite— b��a- Dear Town of Southold Board Members, The Town Board must immediately address the existing problems with residential rentals throughout the town. Short term rentals and rentals to more than five unrelated people are negatively impacting the quality of life in many neighborhoods. In fact, the problem is escalating. Unless the Town Board takes timely action, party houses will exist in every hamlet, producing a myriad of negative consequences, reminiscent of the Vineyard 48 scenario. Many communities have adopted codes to address this problem. The new code adopted by the Town of East Hampton (see attached) is an excellent blueprint for amending our code. The key is rigorous enforcement. Instituting permits for rentals and fining those who ignore the codes will ensure that code enforcement pays for itself. No one should have to live next door to a nightmare. Please take action before the summer season starts again! Sincerely, (Signature) Please Print: (Name) nrlLL,-- J (J (Address) 25-"S--- L LA�� (Phone#) far'-) 6,8 Z- 65 l L. - • O Dear Town of Southold Board Members, The Town Board must immediately address the existing problems with residential rentals throughout the town. Short term rentals and rentals to more than five unrelated people are negatively impacting the quality of life in many neighborhoods. In fact, the problem is escalating. Unless the Town Board takes timely action, party houses will exist in every hamlet, producing a myriad of negative consequences, reminiscent of the Vineyard 48 scenario. Many communities have adopted codes to address this problem. The new code adopted by the Town of East Hampton (see attached) is an excellent blueprint for amending our code. The key is rigorous enforcement. Instituting permits for rentals and fining those who ignore the codes will ensure that code enforcement pays for itself. No one should have to live next door to a nightmare. Please take action before the summer season starts again! Sincerely, (Signature) V Please Print: ` - (Name) `IA-L 1/4 /- - (Address) / 3 ) v G I L L E T p (Phone #) (/ 016 - rgy ' s, TOWN OF EAST HAMPTON f 1 ORDINANCE ENFORCEMENT DEPARTMENT ��� • • PUBLIC SAFETY DIVISION a,, 300 Pantigo Place,Suite 111A East Hampton,N.Y.11937 Phone(631)324-3858 Fax(631)329-5899 Patrick J.Gunn,Esq. Elizabeth A.Bambrick Public Safety Division Administrator Director of Code Enforcement SINGLE FAMILY RESIDENCE DEFINITIONS & PERMITTED USES SINGLE FAMILY RESIDENCE §255-1-20 :__A residential use of land consisting of a detached and freestanding_build_in_g,commonly called a"house,"designed or arranged for occupancy by one family as defined herein. FAMILY §255-1-20 A.The following shall constitute a family: (1)Any number of persons occupying a dwelling unit,provided that all are related by blood,marriage or legal adoption and provided that they live and cook together as a single housekeeping unit;or (2)Any number of persons not exceeding four occupying a dwelling unit and living and cooking together as a single housekeeping unit,where not all are related by blood,marriage or legal adoption. B. A group of persons whose association or relationship is transient or seasonal in nature,rather than of a permanent and domestic character,shall not be considered a family. C. A group of unrelated persons numbering more than four and occupying a dwelling unit shall be presumed not to constitute a family. This presumption can be overcome only by a showing that, under the standards enumerated in § 255-8-50 hereof, the group constitutes the functional equivalent of a family. A determination as to the status of such group may be made in the first instance by the Building Inspector or,on appeal from an order,requirement,decision or determination made by him,by the Zoning Board of Appeals. D. Persons occupying group quarters,such as a dormitory,fraternity or sorority house or a seminary,shall not be considered a family. USES PERMITTED IN SINGLE FAMILY RESIDENCES §255-11-62 The following are the only uses permitted in single-family residences in the Town of East Hampton: A. PRINCIPAL RESIDENCE.Permanent,seasonal or intermittent occupation by the owner's family as principal residence. B. NONPRINCIPAL RESIDENCE.Temporary,seasonal or intermittent occupancy by the owner's family as nonprincipal residence,vacation residence or second home. C. SUPPLEMENTAL USES WHEN OWNER OR OWNER'S FAMILY IN RESIDENCE. During periods of actual occupancy by one or more members of the owner's family: (1)Use of one home office. (2)Engaging in home occupations. (3)Rental of one or two guest rooms. (4)Rental of an affordable accessory apartment pursuant to§255-11-63. (5)Operation of a residential museum as defined in this chapter. D. SUPPLEMENTAL USES WHEN OWNER OR OWNER'S FAMILY NOT IN RESIDENCE. During periods of nonoccupancy by all persons in the owner's family,and subject to the provisions of§255-11-64 hereof,occupancy of the entire residence by ONE FAMILY as GUEST of owner or as TENANT.In the case of such occupancy,the supplemental uses set forth in Subsection C(1),j21 and 151 of this section may be engaged in by a resident tenant,but the uses in Subsection C(3)and 141 thereof shall be prohibited. (GUESTS AND TENANTS CANNOT ENGAGE IN AFFORDABLE ACCESSORY APARTMENT RENTAL OR ROOM RENTAL) 1 ' Y �" TOWN OF EAST HAMPTON 1 .14e. ORDINANCE ENFORCEMENT DEPARTMENT PUBLIC SAFETY DIVISION a„a, 300 Pantigo Place,Suite 111A East Hampton,N.Y.11937 Phone(631)324-3858 Fax(631)329-5899 Patrick J.Gunn,Esq. Elizabeth A.Bambrick Public Safety Division Administrator Director of Code Enforcement SINGLE FAMILY RESIDENCES - PROHIBITED USES Excerpts of East Hampton Town Code§255-11-64.See the full code for complete statute language No person,including the owner,shall use or permit to be used any single-family residence for any of the following: _ _ A.TWO FAMILY RESIDENCE.Creation,use or maintenance of a two-family residence as defined herein,except as may be authorized in certain cases by special permit pursuant to the Use Table and Article V of the East Hampton Town Code. B.MULTIFAMILY OCCUPANCY.Occupancy at any time by more than one family,except as permitted by§255-11-62C(3), Rental of one or two guest rooms,and(4)Rental of an affordable accessory apartment pursuant to§255-11-63. C. PARTIAL OCCUPANCY OR RENTAL. Rentals to, or use or occupancy by, any person or persons of less than the entire residence,except as permitted in§255-11-62C(3)and(4)hereof. D. EXCESSIVE TURNOVER. Except in the case of the rental of guest rooms pursuant to §255-11-62C (3) hereof, rentals, tenancies or occupancies constituting"motel"use as defined below. MOTEL(§255-1-20)A single-family residence which is rented to,or occupied by,a tenant or tenants for a term of not more than two weeks,on three or more occasions during any six-month period,shall be deemed to be unlawfully operating as a"motel"for all purposes under this chapter,and no such use,however long maintained, shall be deemed to give rise to a nonconforming"motel"use or to any vested right to use the residence for any purpose not specifically authorized E. SHARES.The selling of shares or the establishing of other ownership,tenancy or use arrangements in which individuals obtain rights of occupancy in individual bedrooms,whether or not specifically identified,or rights to occupy all or part of the residence on particular days of the week,specified weekends or other similar occasions or terms. F. FRACTIONALIZED OWNERSHIP INTERESTS. The creation of cooperative-style ownership, less-than-fee simple ownership or other similar arrangements resulting in proprietary tenancies for one or more persons in the residence,the establishment of Interval or time-sharing ownership for any person in all or any part of the residence, or the like. However, this subsection shall not be deemed to preclude the creation of mortgages, liens, easements or other similar interests encumbering the residential property as a whole to secure a loan or for any other legitimate purposes. G. PARKING.When in use pursuant to§255-11-62D,SUPPLEMENTAL USE WHEN OWNER OR OWNER'S FAMILY NOT IN RESIDENCE(GUEST OR TENANT USE),parking of vehicles of occupants and their visitors on the street or on any property other than the lot on which the residence is located or parking overnight of more than four vehicles on said lot. THE ABOVE PARKING RESTRICTIONS DO NOT APPLY TO OWNER OCCUPIED SINGLE FAMILY RESIDENCES. H. OVERCROWDING. Occupancy of any bedroom by more occupants than permitted by the minimum area requirements set forth in§255-11-67A(9).This occupancy limitation applies to all bedrooms in single-family residences,including guest rooms in single-family residences as provided in§255-11-62C(3). §255-11-67A(9)AREA FOR SLEEPING PURPOSES.Every bedroom occupied by one person shall contain at least 70 square feet(6.5 m2)of floor area,and every bedroom occupied by more than one person shall contain at least 50 square feet(4.6 m2)of floor area for each occupancy thereof.Bedrooms having a sloped ceiling over all or part of the room shall have a clear ceiling height of at least seven feet over not less than 1/2 of the required minimum floor area and only those portions of the floor area with a clear ceiling height of five feet or more shall be included in calculating the floor area of such bedroom. From: <rmavity@e_arthlink.net> Date: March 24, 2015 at 1 :57:52 PM EDT To: Scott Russell <Scott.russeil@town.southold.ny.us> Subject: Short Term Rentals Reply-To: rmavity@earthlink.net Dear Mr. Russell, I am a resident at 42 Sound Road in Greenport from mid-April to the end of October. I am very concerned with the Town of Southold allowing absentee home owners to use their homes as revolving hotels/motels for stays of less than a week. I am sure that the zoning in our neighborhood does not allow this commercial use to take place. Since other towns have recently passed restrictions on this type of activity I plead with you to do the same. We are being flooded with this kind of activity because it is allowed to take place...the drinking and loud noise, overflowing driveways and street side parking. It is a disturbance to the right of neighbors to have a peaceful and enjoyable environment. As I'm sure you recall, we were able to resolve the loud noises caused by The Portly Grape on the corner of Sound Road two (2) years ago. I am confident that the Town of Southold will take the necessary steps to NOT ALLOW SHORT TERM RENTALS before the situation gets further out of hand. Respectfully, Carole Greene Mavity Dear Town of Southold Board Members, The Town Board must immediately address the existing problems with residential rentals throughout the town. Short term rentals and rentals to more than five unrelated people are negatively impacting the quality of life in many neighborhoods. In fact, the problem is escalating. Unless the Town Board takes timely action, party houses will exist in every hamlet, producing a myriad of negative consequences, reminiscent of the Vineyard 48 scenario. Many communities have adopted codes to address this problem. The new code adopted by the Town of East Hampton (see attached) is an excellent blueprint for amending our code. The key is rigorous enforcement. Instituting permits for rentals and fining those who ignore the codes will ensure that code enforcement pays for itself. No one should have to live next door to a nightmare. Please take action before the summer season starts again! Sincerely, (Signature) Please Print: KI(49-e(Name) '� bv� o(L) 0 Ick v 1 �� (Address) � `1 (i( /Lemit aAct— hn.aA 1 UC&N c+A00442 (Phone #) 631 Lo A, ( 15 lS� Dear Town of Southold Board Members, The Town Board must immediately address the existing problems with residential rentals throughout the town. Short term rentals and rentals to more than five unrelated people are negatively impacting the quality of life in many neighborhoods. In fact, the problem is escalating. Unless the Town Board takes timely action, party houses will exist in every hamlet, producing a myriad of negative consequences, reminiscent of the Vineyard 48 scenario. Many communities have adopted codes to address this problem. The new code adopted by the Town of East Hampton (see attached) is an excellent blueprint for amending our code. The key is rigorous enforcement. Instituting permits for rentals and fining those who ignore the codes will ensure that code enforcement pays for itself. No one should have to live next door to a nightmare. Please take action before the summer season starts again! Sincerely, (Signature) _4 _ Please Print: (Name) .57- f J/ 7v 7)/c?,7i/0Vc 12 (Address) (Q 60y Z y / 961r- G1,1) oie Cii, 1) 6-4-c7-- /1, .G—)9Dij nip 1/ y.3�f (Phone #) ‘3/ ' (f-7 7-‘/3-7 - 0 Dear Town of Southold Board Members, The Town Board must immediately address the existing problems with residential rentals throughout the town. Short term rentals and rentals to more than five unrelated people are negatively impacting the quality of life in many neighborhoods. In fact, the problem is escalating. Unless the Town Board takes timely action, party houses will_exist in every ____ _____ _ _ _ _ _ hamlet, producing a myriad of negative consequences, reminiscent of the Vineyard 48 scenario. Many communities have adopted codes to address this problem. The new code adopted by the Town of East Hampton (see attached) is an excellent blueprint for amending our code. The key is rigorous enforcement. Instituting permits for rentals and fining those who ignore the codes will ensure that code enforcement pays for itself. No one should have to live next door to a nightmare. Please take action before the summer season starts again! Sincerely, .")//fic-c-z--,7 (Signature)e../ __ Please Print: (Name) A ins /q1 ,1r4 y (Address) 3 4d S,v1h?in ,'/vd- Edrs-1 /Warieg A% (Phone #) 47 7- 0) S1 6 - I 1 � • obtariai `"� TOWN OF EAST HAMPTON ORDINANCE ENFORCEMENT DEPARTMENT ct :, PUBLIC SAFETY DIVISION 300 Pantigo Place,Suite 111A - East Hampton,N.Y.11937 Phone(631)324-3858 Fax(631)329-5899 Patrick J.Gunn,Esq. Elizabeth A.Bambrick Public Safety Division Administrator Director of Code Enforcement SINGLE FAMILY RESIDENCE DEFINITIONS & PERMITTED USES SINGLE FAMILY RESIDENCE §255-1-20 _- _ A residential use of land consisting of a detached and freestanding building,commonly called a"house'designed or arranged for occupancy by one family,as defined herein. FAMILY §255-1-20 A.The following shall constitute a family: (1)Any number of persons occupying a dwelling unit,provided that all are related by blood,marriage or legal adoption and provided that they live and cook together as a single housekeeping unit;or (2)Any number of persons not exceeding four occupying a dwelling unit and living and cooking together as a single housekeeping unit,where not all are related by blood,marriage or legal adoption. B. A group of persons whose association or relationship is transient or seasonal in nature,rather than of a permanent and domestic character,shall not be considered a family. C. A group of unrelated persons numbering more than four and occupying a dwelling unit shall be presumed not to constitute a family. This presumption can be overcome only by a showing that, under the standards enumerated in § 255-8-50 hereof, the group constitutes the functional equivalent of a family. A determination as to the status of such group may be made in the first instance by the Building Inspector or,on appeal from an order,requirement,decision or determination made by him,by the Zoning Board of Appeals. D. Persons occupying group quarters,such as a dormitory,fraternity or sorority house or a seminary,shall not be considered a family. USES PERMITTED IN SINGLE FAMILY RESIDENCES §255-11-62 The following are the only uses permitted in single-family residences in the Town of East Hampton: A. PRINCIPAL RESIDENCE.Permanent,seasonal or intermittent occupation by the owner's family as principal residence. B. NONPRINCIPAL RESIDENCE.Temporary,seasonal or intermittent occupancy by the owner's family as nonprincipal residence,vacation residence or second home. C. SUPPLEMENTAL USES WHEN OWNER OR OWNER'S FAMILY IN RESIDENCE. During periods of actual occupancy by one or more members of the owner's family: (1)Use of one home office. (2)Engaging in home occupations. (3)Rental of one or two guest rooms. (4)Rental of an affordable accessory apartment pursuant to§255-11-63. (5)Operation of a residential museum as defined in this chapter. D. SUPPLEMENTAL USES WHEN OWNER OR OWNER'S FAMILY NOT IN RESIDENCE. During periods of nonoccupancy by all persons in the owner's family,and subject to the provisions of§255-11-64 hereof,occupancy of the entire residence by ONE FAMILY as GUEST of owner or as TENANT.In the case of such occupancy,the supplemental uses set forth in Subsection C(11,gland)51 of this section may be engaged in by a resident tenant,but the uses in Subsection C(31 and L41 thereof shall be prohibited. (GUESTS AND TENANTS CANNOT ENGAGE IN AFFORDABLE ACCESSORY APARTMENT RENTAL OR ROOM RENTAL) u _" TOWN OF EAST HAMPTON 0 ! e. • ORDINANCE ENFORCEMENT DEPARTMENT PUBLIC SAFETY DIVISION '41.R,,,.,,, 300 Pantigo Place,Suite 111A East Hampton,N.Y.11937 Phone(631)324-3858 Fax(631)329-5899 Patrick J.Gunn,Esq. Elizabeth A.Bambrick Public Safety Division Administrator Director of Code Enforcement SINGLE FAMILY RESIDENCES - PROHIBITED USES Excerpts of East Hampton Town Code§255-11-64.See the full code for complete statute language No person,including the owner,shall use or permit to be used_any single-family residence for any of the following_ _ _ A.TWO FAMILY RESIDENCE. Creation,use or maintenance of a two-family residence as defined herein,except as may be authorized in certain cases by special permit pursuant to the Use Table and Article V of the East Hampton Town Code. B.MULTIFAMILY OCCUPANCY.Occupancy at any time by more than one family,except as permitted by§255-11-62C(3), Rental of one or two guest rooms,and(4)Rental of an affordable accessory apartment pursuant to§255-11-63. C. PARTIAL OCCUPANCY OR RENTAL. Rentals to, or use or occupancy by,any person or persons of less than the entire residence,except as permitted in§255-11-62C(3)and(4)hereof. D. EXCESSIVE TURNOVER. Except in the case of the rental of guest rooms pursuant to § 255-11-62C(3) hereof, rentals, tenancies or occupancies constituting"motel"use as defined below. MOTEL(§255-1-20)A single-family residence which is rented to,or occupied by,a tenant or tenants for a term of not more than two weeks,on three or more occasions during any six-month period,shall be deemed to be unlawfully operating as a"motel"for all purposes under this chapter,and no suchruse,however long maintained, shall be deemed to give rise to a nonconforming"motel"use or to any vested right to use the residence for any purpose not specifically authorized E. SHARES.The selling of shares or the establishing of other ownership,tenancy or use arrangements in which individuals obtain rights of occupancy in individual bedrooms,whether or not specifically identified,or rights to occupy all or part of the residence on particular days of the week,specified weekends or other similar occasions or terms. F. FRACTIONALIZED OWNERSHIP INTERESTS. The creation of cooperative-style ownership, less-than-fee simple ownership or other similar arrangements resulting in proprietary tenancies for one or more persons in the residence,the establishment of Interval or time-sharing ownership for any person in all or any part of the residence, or the like. However,this subsection shall not be deemed to preclude the creation of mortgages, liens, easements or other similar interests encumbering the residential property as a whole to secure a loan or for any other legitimate purposes. G.PARKING.When in use pursuant to§255-11-62D,SUPPLEMENTAL USE WHEN OWNER OR OWNER'S FAMILY NOT IN RESIDENCE(GUEST OR TENANT USE),parking of vehicles of occupants and their visitors on the street or on any property other than the lot on which the residence is located or parking overnight of more than four vehicles on said lot. THE ABOVE PARKING RESTRICTIONS DO NOT APPLY TO OWNEROCCUPIED SINGLE FAMILY RESIDENCES. H.OVERCROWDING. Occupancy of any bedroom by more occupants than permitted by the minimum area requirements set forth in§255-11-67A(9).This occupancy limitation applies to all bedrooms in single-family residences,including guest rooms in single-family residences as provided in§255-11-62C(3). §255-11-67A(9)AREA FOR SLEEPING PURPOSES.Every bedroom occupied by one person shall contain at least 70 square feet(6.5 m2)of floor area,and every bedroom occupied by more than one person shall contain at least 50 square feet(4.6 m2)of floor area for each occupancy thereof. Bedrooms having a sloped ceiling over all or part of the room shall have a clear ceiling height of at least seven feet over not less than 1/2 of the required minimum floor area and only those portions of the floor area with a clear ceiling height of five feet or more shall be included in calculating the floor area of such bedroom. X7//5- Dear Town of Southold Board Members, The Town Board must immediately address the existing problems with residential rentals throughout the town. Short term rentals and rentals to more than five unrelated people are negatively impacting the quality of life in many neighborhoods. In fact, the problem is escalating. Unless the Town Board takes timely action, party houses will exist in every hamlet, producing a myriad of negative consequences, reminiscent of the Vineyard 48 scenario. Many communities have adopted codes to address this problem. The new code adopted by the Town of East Hampton (see attached) is an excellent blueprint for amending our code. The key is rigorous enforcement. Instituting permits for rentals and fining those who ignore the codes will ensure that code enforcement pays for itself. No one should have to live next door to a nightmare. Please take action before the summer season starts again! Sincerely, (Signature) 72_7eQg Please Print: (Name) ky 0/Ser7 (Address) to. /36x P)-- /z/5- &y vr°e w 5 r tQst$ar ,(/5 //93T (Phone #) 6-31 - 2 6/ - Dear Town of Southold Board Members, The Town Board must immediately address the existing problems with residential rentals throughout the town. Short term rentals and rentals to more than five unrelated people are negatively impacting the quality of life in many neighborhoods. In fact, the problem is escalating. Unless the Town Board takes timely action, party houses will exist in every hamlet, producing a myriad of negative consequences, reminiscent of the Vineyard 48 scenario. Many communities have adopted codes to address this problem. The new code adopted by the Town of East Hampton (see attached) is an excellent blueprint for amending our code. The key is rigorous enforcement. Instituting permits for rentals and fining those who ignore the codes will ensure that code enforcement pays for itself. No one should have to live next door to a nightmare. Please take action before the summer season starts again! Sincerely, Tht_____..-A- c K,u7Itu-s_ f iL. -0-1 - k//771 (Signature) Please Print: etlw.077?,.34_,,,(Name) V itis G,w r 4` So SA,tiL (Address) ( 9. StC.1) �'�/ � 6'4 --Ci'F (Phone #) b 51 X 77 23._c--2-6 - Dear Town of Southold Board Members, The Town Board must immediately address the existing problems with residential rentals throughout the town. Short term rentals and rentals to more than five unrelated people are negatively impacting the quality of life in many neighborhoods. In fact, the problem is escalating. Unless the Town Board takes timely action, party houses will exist in every --- ------ - -- - - --- ---- - --- hamlet, producing a myriad of negative consequences, reminiscent of the Vineyard 48 scenario. Many communities have adopted codes to address this problem. The new code adopted by the Town of East Hampton (see attached) is an excellent blueprint for amending our code. The key is rigorous enforcement. Instituting permits for rentals and fining those who ignore the codes will ensure that code enforcement pays for itself. No one should have to live next door to a nightmare. Please take action before the summer season starts again! Sincerely, (Signature)01% i /de_ Please Print: �7 (Name) NG vi [� Ulrl(/d&1/(/G[Q- -- (Address) ro . go/- '51 AO-2101t) / 1el2c' (Phone#) y 7 7 ` c )( - TOWN OF EAST HAMPTON kr • ORDINANCE ENFORCEMENT DEPARTMENT PUBLIC SAFETY DIVISION 300 Pantigo Place,Suite 111A East Hampton,N.Y.11937 Phone(631)324-3858 Fax(631)329-5899 Patrick 1.Gum Esq. Elizabeth A.Bambrick Public Safety Division Administrator Director of Code Enforcement SINGLE FAMILY RESIDENCE DEFINITIONS & PERMITTED USES SINGLE FAMILY RESIDENCE §255-1-20 A residential use of land consisting of a detached and freestanding building,commonly called a"house,"designed or arranged for occupancy by one family as defined herein. FAMILY §255-1-20 A.The following shall constitute a family: (1)Any number of persons occupying a dwelling unit,provided that all are related by blood,marriage or legal adoption and provided that they live and cook together as a single housekeeping unit;or (2)Any number of persons not exceeding four occupying a dwelling unit and living and cooking together as a single housekeeping unit,where not all are related by blood,marriage or legal adoption. B. A group of persons whose association or relationship is transient or seasonal in nature,rather than of a permanent and domestic character,shall not be considered a family. C. A group of unrelated persons numbering more than four and occupying a dwelling unit shall be presumed not to constitute a family. This presumption can be overcome only by a showing that, under the standards enumerated in § 255-8-50 hereof, the group constitutes the functional equivalent of a family. A determination as to the status of such group may be made in the first instance by the Building Inspector or,on appeal from an order,requirement,decision or determination made by him,by the Zoning Board of Appeals. D. Persons occupying group quarters,such as a dormitory,fraternity or sorority house or a seminary,shall not be considered a family. USES PERMITTED IN SINGLE FAMILY RESIDENCES §255-11-62 The following are the only uses permitted in single-family residences in the Town of East Hampton: A. PRINCIPAL RESIDENCE.Permanent,seasonal or intermittent occupation by the owner's family as principal residence. B. NONPRINCIPAL RESIDENCE.Temporary,seasonal or intermittent occupancy by the owner's family as nonprincipal residence,vacation residence or second home. C. SUPPLEMENTAL USES WHEN OWNER OR OWNER'S FAMILY IN RESIDENCE. During periods of actual occupancy by one or more members of the owner's family: (1)Use of one home office. (2)Engaging in home occupations. (3)Rental of one or two guest rooms. (4)Rental of an affordable accessory apartment pursuant to§255-11-63. (5)Operation of a residential museum as defined in this chapter. D. SUPPLEMENTAL USES WHEN OWNER OR OWNER'S FAMILY NOT IN RESIDENCE. During periods of nonoccupancy by all persons in the owner's family,and subject to the provisions of§255-11-64 hereof,occupancy of the entire residence by ONE FAMILY as GUEST of owner or as TENANT.In the case of such occupancy,the supplemental uses set forth in Subsection ca)..,gland u of this section may be engaged in by a resident tenant,but the uses in Subsection gal and al thereof shall be prohibited. (GUESTS AND TENANTS CANNOT ENGAGE IN AFFORDABLE ACCESSORY APARTMENT RENTAL OR ROOM RENTAL) If TOWN OF EAST HAMPTON ORDINANCE ENFORCEMENT DEPARTMENT • PUBLIC SAFETY DIVISION 300 Pantigo Place,Suite 111A East Hampton,N.Y.11937 Phone(631)324-3858 Fax(631)329-5899 Patrick J.Gunn,Esq. Elizabeth A.Bambrick Public Safety Division Administrator Director of Code Enforcement SINGLE FAMILY RESIDENCES - PROHIBITED USES Excerpts of East Hampton Town Code§255-11-64.See the full code for complete statute language No person,including the owner,shall use or permit to be used any single-family_residence for any of the following: __ A.TWO FAMILY RESIDENCE.Creation, use or maintenance of a two-family residence as defined herein,except as may be authorized in certain cases by special permit pursuant to the Use Table and Article V of the East Hampton Town Code. B.MULTIFAMILY OCCUPANCY.Occupancy at any time by more than one family,except as permitted by§255-11-62C(3), Rental of one or two guest rooms,and(4)Rental of an affordable accessory apartment pursuant to§255-11-63. C. PARTIAL OCCUPANCY OR RENTAL. Rentals to, or use or occupancy by,any person or persons of less than the entire residence,except as permitted in§255-11-62C(3)and(4)hereof. D. EXCESSIVE TURNOVER. Except in the case of the rental of guest rooms pursuant to§255-11-62C(3) hereof, rentals, tenancies or occupancies constituting"motel"use as defined below. MOTEL(§255-1-20)A single-familv residence which is rented to,or occupied by,a tenant or tenants for a term of not more than two weeks, on three or more occasions during any six-month period,shall be deemed to be unlawfully operating as a"motel'for all purposes under this chapter,and no such use,however long maintained, shall be deemed to give rise to a nonconforming"motel"use or to any vested right to use the residence for any purpose not specifically authorized E. SHARES.The selling of shares or the establishing of other ownership,tenancy or use arrangements in which individuals obtain rights of occupancy in individual bedrooms,whether or not specifically identified,or rights to occupy all or part of the residence on particular days of the week,specified weekends or other similar occasions or terms. F. FRACTIONALIZED OWNERSHIP INTERESTS. The creation of cooperative-style ownership, less-than-fee simple ownership or other similar arrangements resulting in proprietary tenancies for one or more persons in the residence,the establishment of interval or time-sharing ownership for any person in all or any part of the residence, or the like. However,this subsection shall not be deemed to preclude the creation of mortgages, liens, easements or other similar interests encumbering the residential property as a whole to secure a loan or for any other legitimate purposes. G.PARKING.When in use pursuant to§255-11-62D,SUPPLEMENTAL USE WHEN OWNER OR OWNER'S FAMILY NOT IN RESIDENCE(GUEST OR TENANT USE),parking of vehicles of occupants and their visitors on the street or on any property other than the lot on which the residence is located or parking overnight of more than four vehicles on said lot. THE ABOVE PARKING RESTRICTIONS DO NOT APPLY TO OWNER OCCUPIED SINGLE FAMILY RESIDENCES. H.OVERCROWDING.Occupancy of any bedroom by more occupants than permitted by the minimum area requirements set forth in§255-11-67A(9).This occupancy limitation applies to all bedrooms in single-family residences,including guest rooms in single-family residences as provided in§255-11-62C(3). §255-11-67A(9)AREA FOR SLEEPING PURPOSES.Every bedroom occupied by one person shall contain at least 70 square feet(6.5 m2)of floor area,and every bedroom occupied by more than one person shall contain at least 50 square feet(4.6 m2)of floor area for each occupancy thereof. Bedrooms having a sloped ceiling over all or part of the room shall have a clear ceiling height of at least seven feet over not less than 1/2 of the required minimum floor area and only those portions of the floor area with a clear ceiling height of five feet or more shall be included in calculating the floor area of such bedroom. V Dear Town of Southold Board Members, The Town Board must immediately address the existing problems with residential rentals throughout the town._ Short term rentals and rentals to more than five unrelated people are negatively impacting the quality of life in many neighborhoods. In fact, the problem is escalating. Unless the Town Board takes timely action, party houses will exist in every _ hamlet, producing a myriad of negative consequences, reminiscent of the Vineyard 48 scenario. Many communities have adopted codes to address this problem. The new code adopted by the Town of East Hampton (see attached) is an excellent blueprint for amending our code. The key is rigorous enforcement. Instituting permits for rentals and fining those who ignore the codes will ensure that code enforcement pays for itself. No one should have to live next door to a nightmare. Please take action before the summer season starts again! Sincerely, (Signature) r<U-ZL (YL Please Print: (Name) I n vl cja41 4e--- MICiciAeL a (Address) �� 1'9 r C Lata curl V) (Phone#) 77v370 - f3, :. � TOWN OF EAST HAMPTON ORDINANCE ENFORCEMENT DEPARTMENT r' PUBLIC SAFETY DIVISION a,,,�,o„,aa' 300 Pantlgo Place,Suite 111A East Hampton,N.Y.11937 Phone(631)324-3858 Fax(631)329-5899 Patrick J.Gunn,Esq. Elizabeth A.Bambrick Public Safety Division Administrator Director of Code Enforcement SINGLE FAMILY RESIDENCE DEFINITIONS & PERMITTED USES SINGLE FAMILY RESIDENCE §255-1-20 A residential use of land consisting of a detached and freestanding building,commonly called a"house,"designed or arranged for occupancy by one family as defined herein. FAMILY §255-1-20 A.The following shall constitute a family: (1)Any number of persons occupying a dwelling unit,provided that all are related by blood,marriage or legal adoption and provided that they live and cook together as a single housekeeping unit;or (2)Any number of persons not exceeding four occupying a dwelling unit and living and cooking together as a single housekeeping unit,where not all are related by blood,marriage or legal adoption. B. A group of persons whose association or relationship is transient or seasonal in nature,rather than of a permanent and domestic character,shall not be considered a family. C. A group of us,Celated persons numbering more than four and occupying a dwelling unit shall be presumed not to constitute a family. This presumption can be overcome only by a showing that, under the standards enumerated in § 255-8-50 hereof, the group constitutes the functional eauivalent of a family. A determination as to the status of such group may be made in the first instance by the Building Inspector or,on appeal from an order,requirement,decision or determination made by him,by the Zoning Board of Appeals. D. Persons occupying group quarters,such as a dormitory,fraternity or sorority house or a seminary,shall not be considered a family. USES PERMITTED IN SINGLE FAMILY RESIDENCES §255-11-62 The following are the only uses permitted in single-family residences in the Town of East Hampton: A. PRINCIPAL RESIDENCE.Permanent,seasonal or intermittent occupation by the owner's family as principal residence. B. NONPRINCIPAL RESIDENCE.Temporary,seasonal or intermittent occupancy by the owner's family as nonprincipal residence,vacation residence or second home. C. SUPPLEMENTAL USES WHEN OWNER OR OWNER'S FAMILY IN RESIDENCE. During periods of actual occupancy by one or more members of the owner's family: (1)Use of one home office. (2)Engaging in home occupations. (3)Rental of one or two guest rooms. (4)Rental of an affordable accessory apartment pursuant to§255-11-63. (5)Operation of a residential museum as defined in this chapter. D. SUPPLEMENTAL USES WHEN OWNER OR OWNER'S FAMILY NOT IN RESIDENCE. During periods of nonoccupancy by all persons in the owner's family,and subject to the provisions of§255-11-64 hereof,occupancy of the entire residence by ONE FAMILY as GUEST of owner or as TENANT.In the case of such occupancy,the supplemental uses set forth in Subsection gal. 111 and 1.51 of this section may be engaged in by a resident tenant,but the uses in Subsection cf21 c21and u thereof shall be prohibited. (GUESTS AND TENANTS CANNOT ENGAGE IN AFFORDABLE ACCESSORY APARTMENT RENTAL OR ROOM RENTAL) TOWN OF EAST HAMPTON ORDINANCE ENFORCEMENT DEPARTMENT PUBLIC SAFETY DIVISION , 300 Pantigo Place,Suite 111A East Hampton,N.Y.11937 Phone(631)324-3858 Fax(631)329-5899 Patrick J.Gunn,Esq. Elizabeth A.Bambrick Public Safety Division Administrator Director of Code Enforcement SINGLE FAMILY RESIDENCES - PROHIBITED USES Excerpts of East Hampton Town Code§255-11-64.See the full code for complete statute language __ person,including the owner,.shalluse or permit to be used any single-family residence for any of the following:_ A.TWO FAMILY RESIDENCE.Creation, use or maintenance of a two-family residence as defined herein,except as may be authorized in certain cases by special permit pursuant to the Use Table and Article V of the East Hampton Town Code. B.MULTIFAMILY OCCUPANCY.Occupancy at any time by more than one family,except as permitted by§255-11-62C(3), Rental of one or two guest rooms,and(4)Rental of an affordable accessory apartment pursuant to§255-11-63. C. PARTIAL OCCUPANCY OR RENTAL. Rentals to, or use or occupancy by, any person or persons of less than the entire residence,except as permitted in§255-11-62C(3)and(4)hereof. D. EXCESSIVE TURNOVER. Except in the case of the rental of guest rooms pursuant to § 255-11-62C(3) hereof, rentals, tenancies or occupancies constituting"motel"use as defined below. MOTEL(§255-1-20)A single-family residence which is rented to,or occupied by,a tenant or tenants for a term of not more than two weeks,on three or more occasions during any six-month period,shall be deemed to be unlawfully operating as a"motel"for all purposes under this chapter,and no such use,however long maintained, shall be deemed to give rise to a nonconforming"motel"use or to any vested right to use the residence for any purpose not specifically authorized E. SHARES.The selling of shares or the establishing of other ownership,tenancy or use arrangements in which individuals obtain rights of occupancy in individual bedrooms,whether or not specifically identified,or rights to occupy all or part of the residence on particular days of the week,specified weekends or other similar occasions or terms. F. FRACTIONALIZED OWNERSHIP INTERESTS. The creation of cooperative-style ownership, less-than-fee simple ownership or other similar arrangements resulting in proprietary tenancies for one or more persons in the residence,the establishment of interval or time-sharing ownership for any person in all or any part of the residence, or the like. However,this subsection shall not be deemed to preclude the creation of mortgages, liens, easements or other similar interests encumbering the residential property as a whole to secure a loan or for any other legitimate purposes. G.PARKING.When in use pursuant to§255-11-62D,SUPPLEMENTAL USE WHEN OWNER OR OWNER'S FAMILY NOT IN RESIDENCE(GUEST OR TENANT USE),parking of vehicles of occupants and their visitors on the street or on any property other than the lot on which the residence is located or parking overnight of more than four vehicles on said lot. THE ABOVE PARKING RESTRICTIONS DO NOT APPLY TO OWNER OCCUPIED SINGLE FAMILY RESIDENCES. H.OVERCROWDING.Occupancy of any bedroom by more occupants than permitted by the minimum area requirements set forth in§255-11-67A(9).This occupancy limitation applies to all bedrooms in single-family residences,including guest rooms in single-family residences as provided in§255-11-62C(3). §255-11-67A(9)AREA FOR SLEEPING PURPOSES.Every bedroom occupied by one person shall contain at least 70 square feet(6.5 m2)of floor area,and every bedroom occupied by more than one person shall contain at least SO square feet(4.6 m2)of floor area for each occupancy thereof. Bedrooms having a sloped ceiling over all or part of the room shall have a clear ceiling height of at least seven feet over not less than 1/2 of the required minimum floor area and only those portions of the floor area with a clear ceiling height of five feet or more shall be included in calculating the floor area of such bedroom. Dear Town of Southold Board Members, The Town Board must immediately address the existing problems with residential rentals throughout the town. Short term rentals and rentals to more than five unrelated people are negatively impacting the quality of life in many neighborhoods. In fact, the problem is escalating. Unless the Town Board takes timely action, party houses will exist in every hamlet, producing a myriad of negative consequences, reminiscent of the Vineyard 48 scenario. Many communities have adopted codes to address this problem. The new code adopted by the Town of East Hampton (see attached) is an excellent blueprint for amending our code. • The key is rigorous enforcement. Instituting permits for rentals and fining those who ignore the codes will ensure that code enforcement pays for itself. No one should have to live next door to a nightmare. Please take action before the summer season starts again! Sincerely, (Signature) [,/h' / 11111g9 Please Print: (Name) xicv,.lc� { - -�.'•- - 5--4/A7 (Address) 24(-s-- cAme, pod c (,foot3s ul rraW t--/Wk--- 11 ,J- 11 'I +939 C.ltR-?PA-Pvk L/ Los-Jr- (Phone os-Jr- (Phone#) 103) 4-17 O�(b - (9 ti) >4/ oSi L.. Dear Town of Southold Board Members, The Town Board must immediately address the existing problems with residential rentals throughout the town. Short term rentals and rentals to more than five unrelated people are negatively impacting the quality of life in many neighborhoods. In fact, the problem is escalating. Unless the Town Board takes timely action, party houses will exist in every_ __ _ hamlet, producing a myriad of negative consequences, reminiscent of the Vineyard 48 scenario. Many communities have adopted codes to address this problem. The new code adopted by the Town of East Hampton (see attached) is an excellent blueprint for amending our code. The key is rigorous enforcement. Instituting permits for rentals and fining those who ignore the codes will ensure that code enforcement pays for itself. No one should have to live next door to a nightmare. Please take action before the summer season starts again! , Sincerely, (Signature) / 1/(74-11/9 Please Print: (Name) -- j a'21`z2---n)-- I U p (Address) 1 1 3 O tYl ]a ) ti 12— 0 E wig-10IQ (Phone #) 5 ( t 31 a 1:,-7 �' ID' TOWN OF EAST HAMPTON �� ,. f ORDINANCE ENFORCEMENT DEPARTMENT PUBLIC SAFETY DIVISION +o-,�,,,,a„� 300 Pantigo Place,Suite 111A East Hampton,N.Y.11937 Phone(631)324-3858 Fax(631)329-5899 Patrick J.Gunn,Esq. Elizabeth A.Bambrick Public Safety Division Administrator Director of Code Enforcement SINGLE FAMILY RESIDENCE DEFINITIONS & PERMITTED USES SINGLE FAMILY RESIDENCE §255-1-20 A residential use of land consisting of a detached and freestanding building,commonly called a"house,"designed or arranged for occupancy by one family as defined herein. FAMILY §255-1-20 A.The following shall constitute a family: (1)Any number of persons occupying a dwelling unit,provided that all are related by blood,marriage or legal adoption and provided that they live and cook together as a single housekeeping unit;or (2)Any number of persons not exceeding four occupying a dwelling unit and living and cooking together as a single housekeeping unit,where not all are related by blood,marriage or legal adoption. B. A group of persons whose association or relationship is transient or seasonal in nature,rather than of a permanent and domestic character,shall not be considered a family. C. A group of unrelated persons numbering more than four and occupying a dwelling unit shall be presumed not to constitute a family. This presumption can be overcome only by a showing that, under the standards enumerated in § 255-8-50 hereof, the group constitutes the functional equivalent of a family. A determination as to the status of such group may be made In the first instance by the Building Inspector or,on appeal from an order,requirement,decision or determination made by him,by the Zoning Board of Anneals. D. Persons occupying group quarters,such as a dormitory,fraternity or sorority house or a seminary,shall not be considered a family. USES PERMITTED IN SINGLE FAMILY RESIDENCES §255-11-62 The following are the only uses permitted in single-family residences in the Town of East Hampton: A. PRINCIPAL RESIDENCE.Permanent,seasonal or intermittent occupation by the owner's family as principal residence. B. NONPRINCIPAL RESIDENCE.Temporary,seasonal or intermittent occupancy by the owner's family as nonprincipal residence,vacation residence or second home. C. SUPPLEMENTAL USES WHEN OWNER OR OWNER'S FAMILY IN RESIDENCE. During periods of actual occupancy by one or more members of the owner's family: (1)Use of one home office. (2)Engaging in home occupations. (3)Rental of one or two guest rooms. (4)Rental of an affordable accessory apartment pursuant to§255-11-63. (5)Operation of a residential museum as defined in this chapter. D. SUPPLEMENTAL USES WHEN OWNER OR OWNER'S FAMILY NOT IN RESIDENCE. During periods of nonoccupancy by all persons in the owner's family,and subject to the provisions of§255-11-64 hereof,occupancy of the entire residence by ONE FAMILY as GUEST of owner or as TENANT.In the case of such occupancy,the supplemental uses set forth in Subsection C(1),171 and 151 of this section may be engaged in by a resident tenant,but the uses in Subsection gm and ill thereof shall be prohibited. (GUESTS AND TENANTS CANNOT ENGAGE IN AFFORDABLE ACCESSORY APARTMENT RENTAL OR ROOM RENTAL) . 0114‘1 TOWN OF EAST HAMPTON ORDINANCE ENFORCEMENT DEPARTMENT jiPUBLIC SAFETY DIVISION 300 Pantigo Place,Suite 111A East Hampton,N.Y.11937 Phone(631)324-3858 Fax(631)329-5899 Patrick J.Gunn,Esq. Elizabeth A.Bambrick Public Safety Division Administrator Director of Code Enforcement SINGLE FAMILY RESIDENCES - PROHIBITED USES Excerpts of East Hampton Town Code§255-11-64.See the full code for complete statute language _ No person,including the owner,shall use or permit to be used any single-family residence for any of the following: A.TWO FAMILY RESIDENCE.Creation,use or maintenance of a two-family residence as defined herein,except as may be authorized in certain cases by special permit pursuant to the Use Table and Article V of the East Hampton Town Code. B.MULTIFAMILY OCCUPANCY.Occupancy at any time by more than one family,except as permitted by§255-11-62C(3), Rental of one or two guest rooms,and(4)Rental of an affordable accessory apartment pursuant to§255-11-63. C. PARTIAL OCCUPANCY OR RENTAL. Rentals to,or use or occupancy by,any person or persons of less than the entire residence,except as permitted in§255-11-62C(3)and(4)hereof. D. EXCESSIVE TURNOVER. Except in the case of the rental of guest rooms pursuant to § 255-11-62C(3) hereof, rentals, tenancies or occupancies constituting"motel"use as defined below. MOTEL(§255-1-20)A single-family residence which is rented to,or occupied by,a tenant or tenants for a term. of not more than two weeks,on three or more occasions_during any six-month period,shall be deemed to be unlawfully operating as a"motel"for all purposes under this chapter,and no such use,however long maintained, shall be deemed to give rise to a nonconforming"motel"use or to any vested right to use the residence for any purpose not specifically authorized E. SHARES.The selling of shares or the establishing of other ownership,tenancy or use arrangements in which individuals obtain rights of occupancy in individual bedrooms,whether or not specifically identified,or rights to occupy all or part of the residence on particular days of the week,specified weekends or other similar occasions or terms. F. FRACTIONALIZED OWNERSHIP INTERESTS. The creation of cooperative-style ownership, less-than-fee simple ownership or other similar arrangements resulting in proprietary tenancies for one or more persons in the residence,the establishment of interval or time-sharing ownership for any person in all or any part of the residence, or the like. However,this subsection shall not be deemed to preclude the creation of mortgages, liens, easements or other similar interests encumbering the residential property as a whole to secure a loan or for any other legitimate purposes. G.PARKING.When in use pursuant to§255-11-62D,SUPPLEMENTAL USE WHEN OWNER OR OWNER'S FAMILY NOT IN RESIDENCE(GUEST OR TENANT USEL,parking of vehicles of occupants and their visitors on the street or on any property other than the lot on which the residence is located or parking overnight of more than four vehicles on said lot. THE ABOVE PARKING RESTRICTIONS DO NOT APPLY TO OWNER OCCUPIED SINGLE FAMILY RESIDENCES. H.OVERCROWDING. Occupancy of any bedroom by more occupants than permitted by the minimum area requirements set forth in§255-11-67A(9).This occupancy limitation applies to all bedrooms in single-family residences,including guest rooms in single-family residences as provided in§255-11-62C(3). §255-11-67A(9)AREA FOR SLEEPING PURPOSES.Every bedroom occupied by one person shall contain at least 70 square feet(6.5 m2)of floor area,and every bedroom occupied by more than one person shall contain at least 50 square feet(4.6 m2)of floor area for each occupancy thereof. Bedrooms having a sloped ceiling over all or part of the room shall have a clear ceiling height of at least seven feet over not less than 1/2 of the required minimum floor area and only those portions of the floor area with a clear ceiling height of five feet or more shall be included in calculating the floor area of such bedroom. at to 4-A !er:\fi enter 5 e11erS To Southold Town Board Now is the time for our elected officials,like those in countless other town and cities across the country,to enact short- term rental laws to protect the future and quality of life of our community al's they are elected them to do.Looking the other ay will not work.(A residential zoned homeowner cannot decide to run a hotel in a neighborhood not zoned for it. Home-based businesses are considered an accessory use of a property.When Southold Town implements their zoning codes they have a basic purpose and responsibility-the promotion of the health,safety,and general welfare of the community. Zoning codes fulfill this purpose by maintaining a separation between major land use categories(residential, agricultural,industrial,commercial)and by allowing only specified types of use in each major category.They do not allow heavy commercial uses in the midst of a single-family residential conimunit. There are rules and regulations that keep your neighbor from doing that and they exist for good reasons. If a new project is proposed that requires a variance from established zoning for an area,neighbors within a radius must be notified,and an Area Planning Commission takes up the issue in a public hearing.Putting short-term rentals into what they are makes sense-B and B's and hotels. We live in Southold but we also own a small rental building in NYC where we have to comply with city and state regulations,pay commercial insurance and utility rates,pay taxes on rents received and have city safety inspections. Last year a potential tenant called.During our conversation he admitted that this was his new business-renting and buying apartments all over the area to rent them out nightly on sites like airbnb.This is illegal in NYC.North fork residents:Look at the house next door to yours. If you do not have a problem today you might soon.The next time it sells this man might be the new owner and you will have a hotel next door-and maybe another across the street. The Southold Town's short-term rental policy must consider four criteria to protect our neighborhoods: 1.Set the minimum length of each rental at 14 days.New York State law has set the minimum rental length at 30 days. A 7 day rental is very easy to(wink-wink)transform into a 4 day group party every week.This is what is happening now and what is causing problems.Southampton's Supervisor pointed to a"party house ring"of nearly a dozen houses last year,where"literally busloads of mostly minors"were brought into houses for post-prom parties.Southampton Town residents are now prohibited from renting their homes for periods of less than 14 days. 2.Limit the number of times a year the house can be rented out to three times a year with a total of 60 days. Creating a minimum length of each rental accomplishes NOTHING if homeowners can rent every two weeks for much of the year. That is a hotel.Owners can potentially earn significantly more money by converting traditional rental homes into full time short-term rental units.We have a shortage of rental options for locals-our housing must be protected as traditional residential units. 3.Limit the number of unrelated adults in the rental group. East Hampton has rules of no more than four unrelated adults sharing a property or four cars per home. Without such things as sprinklers or fire escapes many municipalities limit the number to 2 people per bedroom.Most maximum occupancy restrictions cap the number of occupants per dwelling,typically in regard to floor space or the number and type of rooms.These restrictions ordinarily apply uniformly to all residents of all dwelling units.Their purpose is to protect health and safety by preventing overcrowding. I 4.Use'Registrations,notifications,inspections that exist for other businesses.Like with any rental units systematic approval requirements must be in place to ensure creates safety and quality of life concerns for our neighborhoods. One neighbor's decision to list her unit on short-term rental sites can havelwide-ranging negative effects.As with any land use change that has a potentially negative effect,neighbors in the vicinity of a house listed as a short-term rental should receive advancenotification and be granted an opportunity to objedt to this conversion. Ellen and Allan- Wexler,Southold e :I h !I :I 'I 11 'i II 'I 1I .I i'I ,I i w , 4 Norklun, Stacey From: Neville, Elizabeth Sent: Monday,July 13, 2015 2:48 PM To: Norklun, Stacey ;i Subject: FW: SHORT TERM RENTAL LAWS - at least 14 days and a maximum of 6 weeks a year Please LF ISI From: Allan Wexler[mailto:awexlerstudio@gmail.com] Sent: Monday,July 13, 2015 2:44 PM To: Russell, Scott; Neville, Elizabeth Subject: SHORT TERM RENTAL LAWS-at lease 14 days and a maximum of 0 weeks a year . li Please read at any meetings or hearings: !I Dear Southold Town II 1.Please protect Southold Town neighborhoods by enacting a minimum of 14 day rentals. I 2.You must also add So we do not end up with dozens of what are functioning HOTELS set a limit of three 14 day rentals a year Otherwise your neighbor turns the house next door into an hotel-with revolving visitors every 14 days 1 3. Additionally-to protect our housing stock on the North Fork from out of town speculators-require that if a homeowner engages in short term 14 day rentals the property owner must be a resident in that home for a good portion of the year. Thank you ,I Allan Wexler 10900 North Bayview Road Southold, NY 11971 ;� 631 765 9321 ,11 II ii 1 f Dear Town Board Members„ Just as Uber has radically changed the taxi industry in many cities in the US and around the world, AirBnB is transforming the house rental business here and around the world. Once quiet residential neighborhoods in the Town of Southold are being transformed into commercial operations lining the pockets of absentee landlords who would have us change from quiet neighborhoods into resort playgrounds. The reason we moved to the North Fork was because of the family oriented, rural character and quiet beauty of the area. We did not move to an ongoing party scene for visitors. It is absolutely essential that Southold town retain the 14 day rental requirement. This is a vital FIRST step in protecting the residents of the area. We need the Town's help to control the rental economic incentives that threaten to blight our communities. Without the Town's protection, community residents will be submerged in the growing, unregulated AirBnB tsunami. On my little street in East Marion, over 50% of the homes are currently rented. It is true that rentals have been part of Southold for many years, and that many families (including mine) have enjoyed the benefit of renting here. But make no mistake, a paradigm shift in short term rentals is occurring. The town must act to stay ahead of this short term rental tidal wave, and enforce the violations of the 14 day minimum. We commend you for realizing the original 7 day proposal would offer little, if any, relief. The 14 day proposal is an essential, long overdue first step in offering relief to our residential neighborhoods. Hopefully, you will vote to adopt this tonight and follow up with a more • comprehensive plan that includes permits, fines, and a limited number of rentals iri one location, or even longer periods of rentals in residentially zoned areas. Thank you. , . Michael & Grace Griffin :PO Box 571 East Marion A/2 /34,,u4swn PUN.P&t M&tia 'Jiro *ft fick g 14)7-0 A touPri 14a, M4,4 6 04+0PtC QR e mei +z4- nt6o_ pdoPw, nc4 6/fir Tq-w Pa4A brook X21 j To ittc oili44/A- (t' hD ( ro w ' ai 6ci 1e NT'5 mA*1 NDA) l icwr gP 4P4 , Cit- An Az& � 6� VPI- 1\j), pit P �<,1n Ave radi X43 _ r � � I • 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 l If& day of S l v/ , 2015, she affixed a notice of which the annexed printed notice is a true copy, iii 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, 53095 Main Road, Southold,New York. Re: A Local Law in Relation to Amendments to Chapter 250 Zoning, in connection with Transient Rental Properties. Elizabeth A.Neville Southold Town Clerk Sworn before nr this 11 , day of , 2015 a Notary Pui, is BONNIEJ.DOROSKI Notary Public,State Of New York No.01D06095328,Suffolk county Term Expires July 7,20 1 '' MAILING ADDRESS: PLANNING BOARD MEMBERS ? VI SO1/7J P.O.Box 1179 DONALD J.WILCENSKI /41 4 \ Southold, NY 11971 Chair ; OFFICE LOCATION: WILLIAM J.CREMERS ` N ` Town Hall Annex PIERCE RAFFERTY ` � � 54375 State Route 25 JAMES H.RICH III ly w` i (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR ._ COUNT(,`;��alrSouthold, NY ... Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM RECEIVED To: Scott Russell, Supervisor AUG 1 0 2015 Members of the Southold Town Board Southold Town Clerk From: Mark Terry, Principal Planner LWRP Coordinator Date: June 1, 2015 Re: A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties." The proposed action has been reviewed to New York State Department of Environmental Conservation regulation 6NYCCRR Part 617 State Environmental Quality Review and it is my determination that pursuant to Part 617.5c(20), the action, as proposed, is a Type II action and therefore not subject to SEQRA review. 617.5(c)(20) "routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment;" The proposed local law amends Chapter 280 Zoning to add a definition of"Transient Rental Properties" and regulations that will not adversely affect the environment. Cc: William Duffy, Town Attorney 'suFFOL,t' �' ELIZABETH A.NEVILLE,MMC /y4® %,y a- Town Hall;53095 Main Road TOWN CLERK ; P.O.'Box•4x17.9: c:71 �Q15 S thold, ew York 11971 REGISTRAR OF VITAL STATISTICS � ��, \IVFax(6'3"1 1 5 6915 MARRIAGE OFFICER ;41*o: ®1��� q Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER 41: „.• www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER „ ,,,,, OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 8, 2015 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: A Local Law entitled, A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties on August 28, 2015. Please sign the duplicate of this letter and return to this office at your earliest convenience. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: CS_uf£olk Courity'Department-of:PlanningT Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees' Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department 4/111r Date: Poin..) ignature, Rec ver47 Aljr8.0 P4 / 5 Title: aLP:Of#111�� Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK 09/28/2015 10:33 6312835606 SOUTHAMPTON TOWN CLK PAGE 01,01 of, 4004 Town Ball,53095 Main Road ELIZABETH A. NEVILLE,MMC ; P.O.Box 1M9 CLERK TOWN Southold,New York 11971 • :'';' `'' IZ Fax(631)7G5-f�145 REGISTRAR OF VITAL STATISTICS ;���r : - �,,r, ? Telephone 1)76 76145 5-1800 MARRIAGE OFFICER OFFICER 4 40 www,southoldtcwnny.gov RECORDS MANAGEMENT � �' , •, 0 FREEDOM OF INFORMATION OFFICER -�•.••• OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 8, 2015 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: A Local Law entitled, A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties on August 28,2015. Please 'sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm receipt Of this notice. Thank you. 1-141446024400;44' Elizabeth A.Neville Town Clerk Attachments LongIsland State Park Commission cc: Suffolk County Department of Planning Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town'Isrustees Southold Town Assessors ' Southold Town Board of Appeals Southold Town Building Department "�.. ,� + ►+ Date;_ /4- Signature,Received By Sty pi ciraa rya c r"- Title: Sot&r 1 Tow r"B C• k , Please prin.!.name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK -4',..,(stop .t-g.0 p RECEIVED SEP 2 4 2015 Steven Bellone SUFFOLK COUNTY EXECUTIVE Southold Town Clerk Department of Economic Development and Planning Joanne Minieri Deputy County Executive and Commissioner Division of Planning and Environment September 16, 2015 Town of Southold 53095 Main Road P.O.Box 1179 Southold,NY 11971 Attn: Elizabeth Neville Applicant: Town of Southold Zoning Action: Local Law No. of 2015 Amendments to Chapter 280 Zoning Transient Rental Properties S.C.P.D.File No.: SD-15-LD Dear Ms.Neville: Pursuant to the requirements of Sections A 14-14 to A 14-25 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 as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Sarah Lansdale Director of Planning / // i drew P.Fre •ng Chief Planner AO APF/cd LEE DENNISON BLDG • 100 VETERANS MEMORIAL HWY,4th Fl ■ P.O.BOX 6100•HAUPPAUGE,NY 11788-0099 is(631)853-5191 Rudder, Lynda From: Duffy, Bill Sent: Monday, September 14, 2015 11:24 AM To: Rudder, Lynda; Beltz, Phillip; Dinizio,James; Doherty,Jill; Ghosio, Bob; Kiely, Stephen; Krauza, Lynne; Louisa Evans; Neville, Elizabeth; Russell, Scott; Standish, Lauren; Tomaszewski, Michelle;William Ruland Subject: RE: Local Law#7 of 2015 Based on the September 3rd filing date with the NYDOS,the amendments to Chapter 280 in connection with Transient Rental Properties will go into effect on November 2,2015. Bill From: Rudder, Lynda Sent: Monday, September 14, 2015 8:54 AM To: Beltz, Phillip; Dinizio,James; Doherty, Jill; Duffy, Bill; Ghosio, Bob; Kiely, Stephen; Krauza, Lynne; Louisa Evans; Neville, Elizabeth; Russell, Scott; Standish, Lauren; Tomaszewski, Michelle; William Ruland Subject: Local Law # 7 of 2015 The Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties has been received and filed by the NYSDOS on September 3, 2015 44044 01 Ra,a,, Lynda M Rudder Deputy Town Clerk Principal Account Clerk Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold,NY 11971 631/765-1800 ext 210 631/765-6145 1 el7groV �� "`� ����'� ELIZABETH A.NEVILLE,MMC "NO' t A. Town Ball,53095 Main Road TOWN CLERK 4` t. t ��. P.O.Box 1179 ; Southold,New York 11971 REGISTRAR OF VITAL STATISTICS34, $ Fax(631)765-6145 MARRIAGE OFFICER Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER 4jI " www,southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 8,2015 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: A Local Law entitled, A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties on August 28,2015, Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm receipt of this notice. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department 11W," I f'' / Date: I a(IC Signature,Received By {�°ai.. CSN-1613 __ -- — Title: 1 "11 CZC Please print name C �[, '�t 1 p t DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK r-d oO '�� N 7J o Z D linnimin L. 0 pi . /� H- SOUTHOLD MPO m SOUTHOLD, New York53 Ln- 119711000 __4: . s.m `o 3548330971-0098 _. o -�- 08/28/2015 (800)275-8777 03:04:46 PM 5r z c - Agaimmina. r,i E. p W� Sales Receipt w . , z = Product Sale Unit Final ° - E Description Oty Price Price z 4 y DJ "" ALBANY NY 12231 Zone-2 ` $19.99 th Priority Mail Express 2-Day Flat Rate Env -- 3.10 oz. 7,.. - USPS Tracking #: E1150974634US Scheduled Delivery Day: Mon 08/31/15 12:00PM - Money Back ; _ Guarantee Includes up to $100 insurance - _ °o F °`0 Signature Waived • g m Paid by account: $19.99 I a D 4'm u USPS Corporate 119294 °w o m L Account number: a 7 m TOWN OF SOUTHOLD ,y, o m Issue Postage: $0.00a:,▪ i 1' ' r- m. Total : $0.00 Z m VI O ❑ ❑ ❑ ❑ ❑ `,r Paid by: 11 3 - `,- "" Save this receipt as evidence of ! N insurance. For information on filing an insurance claim go to 0 usps.com/ship/file-domestic-claims.htm c) Order stamps at usps.com/shop or n LT v call 1-800-Stamp24. Go to Q. 0 usps.com/clicknship to print a o shipping labels with postage. For M other information call 1-800-ASK-USPS. M E,V0 'KYC*VYCY(YCW*WWWWWAWXXW 74''YCMKKY(NYCY[7C)C)CK WW -- Rudder, Lynda From: Duffy, Bill Sent: Monday, September 14, 2015 11:24 AM To: Rudder, Lynda; Beltz, Phillip; Dinizio, James; Doherty,Jill; Ghosio, Bob, Kiely, Stephen; Krauza, Lynne, Louisa Evans; Neville, Elizabeth; Russell, Scott; Standish, Lauren; Tomaszewski, Michelle; William Ruland Subject: RE: Local Law#7 of 2015 Based on the September 3rd filing date with the NYDOS, the amendments to Chapter 280 in connection with Transient Rental Properties will go into effect on November 2, 2015. Bill From: Rudder, Lynda Sent: Monday, September 14, 2015 8:54 AM To: Beltz, Phillip; Dinizio, James; Doherty, Jill; Duffy, Bill; Ghosio, Bob; Kiely, Stephen; Krauza, Lynne; Louisa Evans; Neville, Elizabeth; Russell, Scott; Standish, Lauren; Tomaszewski, Michelle; William Ruland Subject: Local Law # 7 of 2015 The Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties has been received and filed by the NYSDOS on September 3, 2015 4044 ot 7G4 Lynda M Rudder Deputy Town Clerk Principal Account Clerk Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold,NY 11971 631/765-1800 ext 210 631/765-6145 1 M.PostralCg�`ul C EMOIEID kilaLula NCS©E[1CP11 nn (Dome.stic MIT Cuta01) coverage Provided) is7 Gito delivery 0awww.usps.com® r1J r r- r — U 6 E rl r c I l� IL L 7 �_. F` Lll Postage $ Certified Fee (iiill 19 >rrkn ttiO (EndorseeReqied) Hee Fee , O Restricted Delivery Fee I /cb O (Endorsement Required) r CI Total Postage&Fees $ k9 \fa CI e r���O4 =e!lKk.C!rlmd,_g 116/44 21 t[]47ifi(=�_.ISi.�Y.'.1�.� a Street,Apt No.; ^V ^ /� I or PO Box No. C , _1/7 City,State,ZI r e__. �S. b lo_n y l (709\__ agE 8800, 20@6�� 1 i SENDER COMPLETE THIS SECTION;.._. ' , '• , COMPLETE'THIS SECTION ON DELIVERY .t , I IN Complete items 1,2,and 3.Also complete A. Signature 1 item 4 if Restricted Delivery is desired. `,' ❑Agent r i N Print your name and address on the reverse ' te ` "'"e- `er— 0 Addressee 1 so that we can return the card to you. Receive• • (Pnnted Name) C. Date of Delivery ' • Attach this card to the back of the mailpiece, q or on the front if space permits. p ,�� `• ' ` ��— D. Is delb�ptnaddress differrent...om item 1? 0 Yes 1. Article Addressed to•;� �1 If YES4enter delivery address below: 0 No i "'k 1&A,k Lom+i►iss\0Y1 �',�, `• '''. _ , i I '�e t L YYlo atie }�io,,r l� 5 l 1).O. VDox (� -L 13. Service T'ypa,1 f �{ I9'Certified Mail° ❑,Priority Mail Express'" I 13^ 1-1 1 ra fl N, y 1 1 0 a ❑Registered 0 Return Receipt for Merchandise ���1....���.1111`+'V 0 Insured Mail 0 Collect on Delivery 4. Restricted Delivery?(Extra Fee) 0 Yes 1 • 2. Article Number , • '1 - 7 010 1060 '0001 1571 2503 m (Transfer froservice label) , PS Form 3811,July 2013 Domestic Return Receipt ' CIS5 P©SI S � Mx ;"'' a¢ Mx •�"� '' - <; , tai Seri �. CEiRTIF,ISED MrAI,L.VR�E. C;E°IP'T�'-, -� _ `0 ( v,xi. c Mall Onl No Msu ance',Coveera�er,Provide'd '1Y < eo;delnrerwinformation' visit'our website atwww.us s.com F� 3{ Cs' ru =O Postage $ 1",- ��� `7T Certified Fee i i r-10 Return Receipt Fee strti O (Endorsement Required) r ere 0 0 6/' cb Restricted Delivery Fee / � (Endorsement Required) $ ��'® �� s`� O Total Postage&Fees , .,�� .4--tt Too L �,p c ���aa I Cl Street,APptNge✓!e___°5-F�^r.-1.... --- • - CfCT6 ».(1J.5 or PO Box No r-.0 City,S t,ZIP+4 9 C • ac • 1.1 7c , 3e00gAu� tt1006 `i ,^S4,::. ,fix -e>or �, 9 Y See Reverse tore SENDER:COMPLETE THIS,^SECTION • . COMPLETE THIS SECTION ON'DELIVERY . ® Complete items 1;2,and 3,Also complete A. Signature item 4 if Restricted Delivery is desired. X ? ��'�®y:a.gl K Print your name and address on the reverse :e ❑A.., �e so that we can return the card to you. B. Received by(Printed Name) to II Attach of De .' Attach this card to the back of the mailpiece, tl or on the front if space permits. 1®� M,' D. Is delivery address different fr. i-m 1? 0 Yes 'V t -1. Article Addressed to: If YES,enter delivery address°elo, 0 } hemas 161es, itre&Or Sips r &ilk CouKty 1be afePhnit r P.O. 10k (0100 3. Service Type odV o e. `f ` 11)QQ L9 Certified Mail' ❑Priority Mail Express'" v� v 1 Y b IG�J ❑Registered ❑Return Receipt for Merchandise 0 Insured Mail 0 Collect on Delivery 4. Restricted Delivery?(Extra Fee) 0 Yes � i 2. Article Number • { (Transfer Froin servicelabe) I 7029 0820 0001 7820 81;98 PS Form 3811,July 2013 Domestic Return Receipt tj P, 1 II° s fFOLir ELIZABETH A. NEVILLE,MMC /4...• ;, ea� Town Hall,53095 Main Road TOWN CLERK 1 P.O. Box 1179 ess P.1131w. Southold,New York 11971 REGISTRAR OF VITAL STATISTICS �` w'` �� Fax(631)765-6145 MARRIAGE OFFICER ;4°24eP4 o• Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER - .� `t4, www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER --- ,,,,,,•ft OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 28, 2015 Express Mail ,1 EI150974634US RE: Local Law No. 7 of 2015 Town of Southold, Suffolk County Ms. Linda Lasch Principal Clerk New York State Department of State State Records & Law Bureau One Commerce Plaza 99 Washington Avenue Albany, NY 12231 Dear Ms. Lasch: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copy of Local Law No. 7 of 2015 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. Very truly yours, o 'O! Lynda M Rudder Deputy Town Clerk Enclosures cc: Town Attorney ( NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET Local Law Filing 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. ❑ County U City Q Town of SOUTHOLD ❑ Village Local Law No. 7 of the year 2015 . A Local Law entitled, A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties Be it enacted the Town Board of the: ❑ County U City Q Town of SOUTHOLD ❑ Village I. Purpose. The Town Board of the Town of Southold has determined that with the advent of interne based "For Rent by Owner" services, there has been a dramatic increase in residential homes being rented for short periods of time. The Town Board finds that such transient rentals threaten the residential character and quality of life of neighborhoods in which they occur. Additionally, the Town Board has determined that a short-term rental, as being potentially more lucrative, will necessarily decrease the inventory of available long-term affordable rentals. Therefore, the Town Board in order to protect the health, safety and welfare of the community requires the regulation of these transient rental properties. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. TRANSIENT RENTAL PROPERTY A dwelling unit which is occupied for habitation as a residence by persons, other than the owner or a family member of the owner, and for which rent is received by the owner, directly or indirectly, in exchange for such residential occupation for a period of less than fourteen(14)nights. For the purposes of this Chapter, the term Transient Rental Property shall mean all non-owner occupied, single-family residences, two-family residences, and townhouses rented for a period of less than fourteen(14) nights and shall not include: 1. Any legally operating commercial hotel/motel business or bed and breakfast establishment operating (If additional space is needed, attach pages the same size as this sheet,and number each.) DOS-239(Rev 05/05) 1 AI - exclusively and catering to transient clientele; that is, customers who customarily reside at these establishments for short durations for the purpose of vacationing, travel, business, recreational activities, conventions, emergencies and other activities that are customary to a commercial hotel/motel business. 2. A dwelling unit located on Fishers Island, due to the unique characteristics of the Island, including the lack of formal lodging for visitors. The presence of the following shall create a presumption that a dwelling unit is being used as a transient rental property: 1. The dwelling unit is offered for lease on a short-term rental website, including Airbnb, Home Away, VRBO and the like; or 2. The dwelling unit is offered for lease in any medium for a period of less than fourteen (14) nights. The foregoing presumption may be rebutted by evidence presented to the Code Enforcement Officer for the Town of Southold that the dwelling unit is not a transient rental property. §280-111. Prohibited uses in all districts. A. Any use which is noxious, offensive or objectionable by reason of the emission of smoke, dust, gas, odor or other form of air pollution or by reason of the deposit, discharge or dispersal of liquid or solid wastes in any form in such manner or amount as to cause permanent damage to the soil and streams or to adversely affect the surrounding area or by reason of the creation of noise, vibration, electromagnetic or other disturbance or by reason of illumination by artificial light or light reflection beyond the limits of the lot on or from which such light or light reflection emanates; or which involves any dangerous fire, explosive, radioactive or other hazard; or which causes injury, annoyance or disturbance to any of the surrounding properties or to their owners and occupants; and any other process or use which is unwholesome and noisome and may be dangerous or prejudicial to health, safety or general welfare, except where such activity is licensed or regulated by other governmental agencies. B. Artificial lighting facilities of any kind which create glare beyond lot lines. C. Uses involving primary production of the following products from raw materials: charcoal and fuel briquettes; chemicals; aniline dyes; carbide; caustic soda; cellulose; chlorine; carbon black and bone black; creosote; hydrogen and oxygen; industrial alcohol; nitrates of an explosive nature; potash; plastic materials and synthetic resins; pyroxylin; rayon yarn; hydrochloric, nitric, phosphoric, picric and sulfuric acids; coal, coke and tar products, including gas manufacturing; explosives; gelatin, glue and size (animal); linoleum and oil cloth; matches; paint, varnishes and turpentine; rubber (natural or synthetic); soaps, including fat rendering; starch. D. The following processes: (1) Nitrating of cotton or of other materials. (2) Milling or processing of flour. (3) Magnesium foundry. (4) Reduction, refining, smelting and alloying metal or metal ores. (5) Refining secondary aluminum. (6) Refining petroleum products, such as gasolines, kerosene, naphtha and lubricating oil. (7) Distillation of wood or bones. (8) Reduction and processing of wood pulp and fiber, including paper mill operations. 2 E. Operations involving stockyards, slaughterhouses and slag piles. F. Storage of explosives. G. Quarries. H. Storage of petroleum products. Notwithstanding any other provisions of this chapter, storage facilities with a total combined capacity of more than 20,000 gallons, including all tanks, pipelines, buildings, structures and accessory equipment designed, used or intended to be used for the storage of gasoline, fuel oil, kerosene, asphalt or other petroleum products, shall not be located within 1,000 feet of tidal waters or tidal wetlands. I. Encumbrances to public roads. (1) No person shall intentionally discharge or cause to be discharged any water of any kind onto a public highway, roadway, right-of-way or sidewalk causing a public nuisance, hazardous condition, or resulting in flooding or pooling in or around the public area, including neighboring properties. (2) No person shall place or cause to be placed obstructions of any kind, except the lawful parking of registered vehicles, upon a public highway, roadway, right-of-ray or sidewalk that unreasonably interferes with the public's use of the public highway, roadway, right-of-way or sidewalk. J. Transient Rental Properties. §280-155. Penalties for offenses. A. For each offense against any of the provisions of this chapter or any regulations made pursuant thereto or for failure to comply with a written notice or order of any Building Inspector within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor, or their agents, or any other person who commits, takes part or assists in the commission of any such offense or any person, including an owner, contractor, agent or other person who fails to comply with a written order or notice of any Building Inspector or Zoning Inspector shall, upon a first conviction thereof, be guilty of a violation, punishable by a fine not exceeding $5,000 or by imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within 18 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding $10,000 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment. B. Notwithstanding the foregoing, any violation of§§280-13A(6), 280-13B(13), 280-13D, and 280-111(j) are hereby declared to be offenses punishable by a fine not less than $1,500 nor more than $8,000 or imprisonment for a period not to exceed six months, or both, for a conviction of a first offense; for convictions of a second or subsequent offense within 18 months, a fine not less than $3,000 nor more than $15,000 or imprisonment not to exceed a period of six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers in general, violations of this chapter shall be deemed misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors shall apply. Each day's continued violations shall constitute a separate additional violation. Additionally, in lieu of imposing the fine authorized in this section, in accordance with Penal Law §80.05(5), the court may sentence the defendant(s)to pay an amount, fixed by the court, not exceeding double the amount of the rent collected over the term of the occupancy. 3 III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect sixty (60) days after its filing with the Secretary of State as provided by law. 4 r, (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.) I hereby certify that the local law annexed hereto, designated as local law No. 7 of 20 15 . of the (County)(City)(Town)(Village)of SOUTHOLD was duly passed by the TOWN BOARD on August 25 ,20 15 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval,no disapproval or re-passage 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)(re-passed after disapproval)by the and was deemed duly adopted on 20 , 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 disapproval) by the on 20 . Such local law was submitted 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 disapproval) by the on 20 Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county-wide basis or, If there be none, the chairperson of the county legislative body,the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 5 J 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 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 cities 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 there from and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. Clerk of trat ounty legislative body. City. Town or (Seal) Village Clerk or officer designated by local legislative body Elizabeth A.Neville,Town Clerk Date: August 28,2015 (Certification to be executed by County Attorney,Corporation Counsel,Town Attorney,Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF 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 annexed heret r• -.14/—` Signature William Duffy,Town Attorney Stephen F. Kiely,Assistant Town Attorney Title Gottitty City Town of SOUTHOLD Date: August 28,2015 6 ._f Southold Town Board - Letter Board Meeting of August 25, 2015 gUFfa(,�o`'� RESOLUTION 2015-740 Item# 5.4 N*��°' ADOPTED DOC ID: 11101 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-740 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 25, 2015: RESOLVED that there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 14th day of July, 2015, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties." And be it further RESOLVED that the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties" reads as follows: LOCAL LAW NO. 'l 2015 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board of the Town of Southold has determined that with the advent of interne based"For Rent by Owner" services, there has been a dramatic increase in residential homes being rented for short periods of time. The Town Board finds that such transient rentals threaten the residential character and quality of life of neighborhoods in which they occur. Additionally, the Town Board has determined that a short-term rental, as being potentially more lucrative, will necessarily decrease the inventory of available long-term affordable rentals. Therefore, the Town Board in order to protect the health, safety and welfare of the community requires the regulation of these transient rental properties. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. TRANSIENT RENTAL PROPERTY A dwelling unit which is occupied for habitation as a residence by persons, other than the owner or a family member of the owner, and for which rent is received by the owner, directly or Generated August 28, 2015 Page 7 Southold Town Board - Letter Board Meeting of August 25, 2015 indirectly, in exchange for such residential occupation for a period of less than fourteen (14) nights. For the purposes of this Chapter, the term Transient Rental Property shall mean all non- owner occupied, single-family residences,two-family residences, and townhouses rented for a period of less than fourteen (14) nights and shall not include: 1. Any legally operating commercial hotel/motel business or bed and breakfast establishment operating exclusively and catering to transient clientele; that is, customers who customarily reside at these establishments for short durations for the purpose of vacationing, travel, business,recreational activities, conventions, emergencies and other activities that are customary to a commercial hotel/motel business. 2. A dwelling unit located on Fishers Island, due to the unique characteristics of the Island, including the lack of formal lodging for visitors. The presence of the following shall create a presumption that a dwelling unit is being used as a transient rental property: 1. The dwelling unit is offered for lease on a short-term rental website, including Airbnb, Home Away, VRBO and the like; or 2. The dwelling unit is offered for lease in any medium for a period of less than fourteen (14) nights. The foregoing presumption may be rebutted by evidence presented to the Code Enforcement Officer for the Town of Southold that the dwelling unit is not a transient rental property. §280-111. Prohibited uses in all districts. A. Any use which is noxious, offensive or objectionable by reason of the emission of smoke, dust, gas, odor or other form of air pollution or by reason of the deposit, discharge or dispersal of liquid or solid wastes in any form in such manner or amount as to cause permanent damage to the soil and streams or to adversely affect the surrounding area or by reason of the creation of noise, vibration, electromagnetic or other disturbance or by reason of illumination by artificial light or light reflection beyond the limits of the lot on or from which such light or light reflection emanates; or which involves any dangerous fire, explosive, radioactive or other hazard; or which causes injury, annoyance or disturbance to any of the surrounding properties or to their owners and occupants; and any other process or use which is unwholesome and noisome and may be dangerous or prejudicial to health, safety or general welfare, except where such activity is licensed or regulated by other governmental agencies. B. Artificial lighting facilities of any kind which create glare beyond lot lines. C. Uses involving primary production of the following products from raw materials: charcoal and fuel briquettes; chemicals; aniline dyes; carbide; caustic soda; cellulose; chlorine; carbon black and bone black; creosote; hydrogen and oxygen; industrial alcohol; nitrates of an explosive nature; potash; plastic materials and synthetic resins; pyroxylin; rayon yarn; hydrochloric, nitric, phosphoric, picric and sulfuric acids; coal, coke and tar products, including gas manufacturing; explosives; gelatin, glue and size (animal); linoleum and oil cloth; matches; paint, varnishes and turpentine; rubber(natural or synthetic); soaps, including fat rendering; starch. D. The following processes: (1) Nitrating of cotton or of other materials. (2) Milling or processing of flour. Generated August 28, 2015 Page 8 Southold Town Board - Letter Board Meeting of August 25, 2015 (3) Magnesium foundry. (4) Reduction, refining, smelting and alloying metal or metal ores. (5) Refining secondary aluminum. (6) Refining petroleum products, such as gasolines, kerosene, naphtha and lubricating oil. (7) Distillation of wood or bones. (8) Reduction and processing of wood pulp and fiber, including paper mill operations. E. Operations involving stockyards, slaughterhouses and slag piles. F. Storage of explosives. G. Quarries. H. Storage of petroleum products. Notwithstanding any other provisions of this chapter, storage facilities with a total combined capacity of more than 20,000 gallons, including all tanks,pipelines, buildings, structures and accessory equipment designed, used or intended to be used for the storage of gasoline, fuel oil, kerosene, asphalt or other petroleum products, shall not be located within 1,000 feet of tidal waters or tidal wetlands. I. Encumbrances to public roads. (1) No person shall intentionally discharge or cause to be discharged any water of any kind onto a public highway, roadway, right-of-way or sidewalk causing a public nuisance,hazardous condition, or resulting in flooding or pooling in or around the public area, including neighboring properties. (2) No person shall place or cause to be placed obstructions of any kind, except the lawful parking of registered vehicles, upon a public highway, roadway, right-of- way or sidewalk that unreasonably interferes with the public's use of the public highway, roadway, right-of-way or sidewalk. J. Transient Rental Properties. §280-155. Penalties for offenses. A. For each offense against any of the provisions of this chapter or any regulations made pursuant thereto or for failure to comply with a written notice or order of any Building Inspector within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor, or their agents, or any other person who commits, takes part or assists in the commission of any such offense or any person, including an owner, contractor, agent or other person who fails to comply with a written order or notice of any Building Inspector or Zoning Inspector shall, upon a first conviction thereof, be guilty of a violation, punishable by a fine not exceeding $5,000 or by imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within 18 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding $10,000 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment. B. Notwithstanding the foregoing, any violation of§§280-13A(6), 280-13B(13), 280-13D, and 280-111(j) are hereby declared to be offenses punishable by a fine not less than $1,500 nor more than $8,000 or imprisonment for a period not to exceed six months, or Generated August 28, 2015 Page 9 Southold Town Board -Letter Board Meeting of August 25, 2015 both, for a conviction of a first offense; for convictions of a second or subsequent offense within 18 months, a fine not less than $3,000 nor more than $15,000 or imprisonment not to exceed a period of six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers in general, violations of this chapter shall be deemed misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors shall apply. Each day's continued violations shall constitute a separate additional violation. Additionally, in lieu of imposing the fine authorized in this section, in accordance with Penal Law §80.05(5), the court may sentence the defendant(s) to pay an amount, fixed by the court,not exceeding double the amount of the rent collected over the term of the occupancy. III. SEVERABILITY If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect sixty (60) days after its filing with the Secretary of State as provided by law. p g �J Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [4 TO 1] MOVER: Jill Doherty, Councilwoman SECONDER:William P. Ruland, Councilman AYES: Robert Ghosio, James Dinizio Jr, William P. Ruland, Scott A. Russell NAYS: Jill Doherty EXCUSED: Louisa P. Evans Generated August 28, 2015 Page 10 Southold Town Board - Letter Board Meeting of August 25, 2015 5°"�`�`°,, RESOLUTION 2015-740 Item# 5.4 °' ADOPTED DOC ID: 11101 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-740 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 25,2015: RESOLVED that there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 14th day of July, 2015, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties." And be it further RESOLVED that the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties" reads as follows: LOCAL LAW NO. 7 2015 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board of the Town of Southold has determined that with the advent of internet based"For Rent by Owner" services, there has been a dramatic increase in residential homes being rented for short periods of time. The Town Board finds that such transient rentals threaten the residential character and quality of life of neighborhoods in which they occur. Additionally, the Town Board has determined that a short-term rental, as being potentially more lucrative, will necessarily decrease the inventory of available long-term affordable rentals. Therefore, the Town Board in order to protect the health, safety and welfare of the community requires the regulation of these transient rental properties. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. TRANSIENT RENTAL PROPERTY A dwelling unit which is occupied for habitation as a residence by persons, other than the owner or a family member of the owner, and for which rent is received by the owner, directly or Generated August 28, 2015 Page 7 Southold Town Board - Letter Board Meeting of August 25, 2015 indirectly, in exchange for such residential occupation for a period of less than fourteen (14) nights. For the purposes of this Chapter,the term Transient Rental Property shall mean all non- owner occupied, single-family residences, two-family residences, and townhouses rented for a period of less than fourteen (14) nights and shall not include: 1. Any legally operating commercial hotel/motel business or bed and breakfast establishment operating exclusively and catering to transient clientele; that is, customers who customarily reside at these establishments for short durations for the purpose of vacationing, travel, business, recreational activities, conventions, emergencies and other activities that are customary to a commercial hotel/motel business. 2. A dwelling unit located on Fishers Island, due to the unique characteristics of the Island, including the lack of formal lodging for visitors. The presence of the following shall create a presumption that a dwelling unit is being used as a transient rental property: 1. The dwelling unit is offered for lease on a short-term rental website, including Airbnb, Home Away,VRBO and the like; or 2. The dwelling unit is offered for lease in any medium for a period of less than fourteen (14) nights. The foregoing presumption may be rebutted by evidence presented to the Code Enforcement Officer for the Town of Southold that the dwelling unit is not a transient rental property. §280-111. Prohibited uses in all districts. A. Any use which is noxious, offensive or objectionable by reason of the emission of smoke, dust, gas, odor or other form of air pollution or by reason of the deposit, discharge or dispersal of liquid or solid wastes in any form in such manner or amount as to cause permanent damage to the soil and streams or to adversely affect the surrounding area or by reason of the creation of noise, vibration, electromagnetic or other disturbance or by reason of illumination by artificial light or light reflection beyond the limits of the lot on or from which such light or light reflection emanates; or which involves any dangerous fire, explosive, radioactive or other hazard; or which causes injury, annoyance or disturbance to any of the surrounding properties or to their owners and occupants; and any other process or use which is unwholesome and noisome and may be dangerous or prejudicial to health, safety or general welfare, except where such activity is licensed or regulated by other governmental agencies. B. Artificial lighting facilities of any kind which create glare beyond lot lines. C. Uses involving primary production of the following products from raw materials: charcoal and fuel briquettes; chemicals; aniline dyes; carbide; caustic soda; cellulose; chlorine; carbon black and bone black; creosote; hydrogen and oxygen; industrial alcohol; nitrates of an explosive nature; potash; plastic materials and synthetic resins; pyroxylin; rayon yarn; hydrochloric, nitric, phosphoric, picric and sulfuric acids; coal, coke and tar products, including gas manufacturing; explosives; gelatin, glue and size (animal); linoleum and oil cloth; matches; paint, varnishes and turpentine; rubber(natural or synthetic); soaps, including fat rendering; starch. D. The following processes: (1) Nitrating of cotton or of other materials. (2) Milling or processing of flour. Generated August 28, 2015 Page 8 Southold Town Board - Letter Board Meeting of August 25, 2015 (3) Magnesium foundry. (4) Reduction, refining, smelting and alloying metal or metal ores. (5) Refining secondary aluminum. (6) Refining petroleum products, such as gasolines, kerosene, naphtha and lubricating oil. (7) Distillation of wood or bones. (8) Reduction and processing of wood pulp and fiber, including paper mill operations. E. Operations involving stockyards, slaughterhouses and slag piles. F. Storage of explosives. G. Quarries. H. Storage of petroleum products.Notwithstanding any other provisions of this chapter, storage facilities with a total combined capacity of more than 20,000 gallons, including all tanks,pipelines, buildings, structures and accessory equipment designed, used or intended to be used for the storage of gasoline, fuel oil,kerosene, asphalt or other petroleum products, shall not be located within 1,000 feet of tidal waters or tidal wetlands. Encumbrances to public roads. (1) No person shall intentionally discharge or cause to be discharged any water of any kind onto a public highway, roadway, right-of-way or sidewalk causing a public nuisance,hazardous condition, or resulting in flooding or pooling in or around the public area, including neighboring properties. (2) No person shall place or cause to be placed obstructions of any kind, except the lawful parking of registered vehicles, upon a public highway, roadway, right-of- way or sidewalk that unreasonably interferes with the public's use of the public highway,roadway, right-of-way or sidewalk. J. Transient Rental Properties. §280-155. Penalties for offenses. A. For each offense against any of the provisions of this chapter or any regulations made pursuant thereto or for failure to comply with a written notice or order of any Building Inspector within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor, or their agents, or any other person who commits,takes part or assists in the commission of any such offense or any person, including an owner, contractor, agent or other person who fails to comply with a written order or notice of any Building Inspector or Zoning Inspector shall, upon a first conviction thereof, be guilty of a violation,punishable by a fine not exceeding $5,000 or by imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within 18 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding $10,000 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment. B. Notwithstanding the foregoing, any violation of§§280-13A(6), 280-13B(13), 280-13D, and 280-111(j) are hereby declared to be offenses punishable by a fine not less than $1,500 nor more than $8,000 or imprisonment for a period not to exceed six months, or Generated August 28, 2015 Page 9 - Southold Town Board - Letter Board Meeting of August 25, 2015 both, for a conviction of a first offense; for convictions of a second or subsequent offense within 18 months, a fine not less than $3,000 nor more than $15,000 or imprisonment not to exceed a period of six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers in general, violations of this chapter shall be deemed misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors shall apply. Each day's continued violations shall constitute a separate additional violation. Additionally, in lieu of imposing the fine authorized in this section, in accordance with Penal Law §80.05(5), the court may sentence the defendant(s)to pay an amount, fixed by the court, not exceeding double the amount of the rent collected over the term of the occupancy. III. SEVERABILITY If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid,the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect sixty (60) days after its filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [4 TO 1] MOVER: Jill Doherty, Councilwoman SECONDER:William P. Ruland, Councilman AYES: Robert Ghosio, James Dinizio Jr, William P. Ruland, Scott A. Russell NAYS: Jill Doherty EXCUSED: Louisa P. Evans Generated August 28, 2015 Page 10 Rudder, Lynda From: ersupp <ersupp@generalcode.com> Sent: Friday, August 28, 2015 1:48 PM To: Rudder, Lynda Subject: RE: LL#7.docx Thank you for your e-mail. If you are sending legislation for your Code project or your next Code supplement, it will be processed in the usual manner. (Please note that legislation that is posted under"New Laws" in eCode360@ will appear exactly as submitted to General Code.) All other messages will be forwarded to the appropriate person, who will respond to your inquiry as soon as possible. If you have any questions, please do not hesitate to call or e-mail Customer Service. General Code 1-800-836-8834 ersuppgeneralcode corn 1 I1 #12364 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that 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 1 week(s), successfully commencing-on-the- -- 30th day of July, 2015. - - g‘,/a:L.4.„.,___" /Z.. Principal Clerk Sworn to.before me this • day.,of - �, ; 2015. F i CHRISTINA VOLINSKI ` NOTARY PUBLIC-STATE OF NEW YORK LEGAL NOTICE No. 01 V06105050 - NOTICE OF PUBLIC HEARING" �lldiifi®d In Suffolk County —Notice is hereby given that there has r, ossa presented to the Town Board of IIy tbi titittion Expires February 28, 2016 the Town of Southold,Suffolk County, - New York,on the 14th day of July,2015, a-Local Law entitled"A Local Law in to adversely affect the surrounding area constitute a separate,additional offense. relation to Amendments-to-Chapter- or by reason of the creation of noise, For a second and subsequent convic--, 280. Zoning,-in connection with Tran- vibration,electromagnetic or other dis- tion within 18 months thereafter,such sient Rental Properties."and turbance or by reason of illumination by person shall be guilty of a violation pun- Notice is hereby given that the Town artificial light or light reflection beyond___fishable by a fine not exceeding$10,000 Board of the Town of Southold will hold the limits of the lot on or from which or by imprisonment for a period not to a public hearing on the aforesaid Local such light or light reflection emanates, exceed 15 days,or by both such fine and Law at the Southold Town Hall,53095 or which involves any dangerous fire,' imprisonment. Main Road,Southold,New York,on the - explosive,radioactive or other hazard; B. Notwithstanding the foregoing, 11th day of August,2015 at 7:32 p.m.at or which causes injury, annoyance or any violation of which time all interested persons will be disturbance to any of the surrounding 13B(13), 280713D, and 280-1116§§280-13A( ),8011180- (i)tae given an opportunity to be heard. properties or to their owners and oc- hereby declared to be offenses punish- i The proposed Local Law entitled,"A cupants;and any other process or use able by a fine not less than$1,500 nor Local Law in relation to Amendments which is unwholesome and noisome more than$8,000 or imprisonment for a to Chapter 280.Zoning.in connection and may be dangerous or prejudicial to period not to exceed six months,or both, with lransientRental Properties"reads health,safety_or general welfare,except for a conviction of a first offense;for as follows: - wheresucheactivity is licensed or rep- - convictions Of- --second or-subsequent LOCAL LAW NO. 2015 '- lated by other governmental agencies. offense within 18 months,a fine not less A Local Law entitled,"A Local Law B.Artificial lighting facilities of any than $3,000 nor more than $15,000 or in relation to Amendments to Chapter kind which create glare beyond lot lines. imprisonment not to exceed a period 280. Zoning.in connection'with Tran- C. Uses involving primary produc- of six months, or both.- However,for sient Rental Properties". tion of the following products from raw the BE IT ENACTED by the Town materials:charcoal and fuel briquettes; upon courts purpsand judiciaof conferring officers n gen- Board of the Town of Southold as fol- chemicals;aniline dyes;carbide;caustic eral,violations of this chapter shall be lows: soda; cellulose; chlorine; carbon black deemed misdemeanors, and, for such I.Purpose. and bone black;creosote;hydrogen and l provisions of law relat- "The 'limn Board of the Town of oxygen;industrial alcohol;nitrates of an ,ing tose m sdemonly,eanors shall apply. Each {-- Southold has determined that with the explosive nature;potash;plastic materi- day's continued violations shall con- 1 Iadvent of internet based"For Rent by als and synthetic resins;pyroxylin;rayon stitute a separate additional violation. I Owner"services,there has been a dra- ,yarn; hydrochloric, nitric, phosphoric, Additionally,in lieu of imposing the fine niatic increase in residential homes be-_ picric and sulfuric acids;coal,coke and 1 authorized in this section,in accordance - ing rented for short periods of time.The tar products,including gas manufactur- with Penal Law§80.05(5),the court may Town Board finds that such transient ing; explosives; gelatin, glue and size sentence the defendant(s) to pay an J _ ___ rentals threaten the residential charac- (animal);linoleum and oil cloth;match- amount,fixed by the court,not exceed- I' ter and quality of life of neighborhoods es;paint,varnishes and turpentine;rub- _ ing double the amount of the rent col- in which they occur. Additionally,the ber(natural or synthetic);soaps,includ- lected over the term of the occupancy. Town Board has determined that a ing fat rendering;starch. short-term rental, as being potentially D.The followingprocesses- If any clause, sentence,SEVERABILITY more lucrative,will necessarily decrease (1) Nitrating of otton or of other section,or part of this Local Law paragraph, the inventoryof available long-term af- materials. fordable rentals. Therefore, the Town (2)Milling or processing of flour. jurisdiction to bbe by any nvalid,the judgment Board in order to protect the health, (3)Magnesium foundry. , shall not affect the validity of this law as safety and welfare of the community re- (4)Reduction,refining,smeltingand a whole or any quires the regulation of these_transien_t alloying metal orinetaLores e part thereof other than rental'pioperfies the part so decided to`lie`unciinstitu- ' (5)Refining secondary aluminum. tional or invalid. - II.Chapter 280 of the Code of the _ (6) Refining petroleum products, IV.EFFECTIVE DATE Town of Southold is hereby amended such as gasohnes,kerosene,naphtha and This Local Law shall take effect sixty as follows: lubricating oil. c - §280-4.-Definitions. (7)Distillation of wood or bones. tary of State as provided by awe Secre: TRANSIENT RENTAL' PROP- (8)operations.Reduction and processing of ••Underline represents additions ERTY A dwelling unit which is occupied mill wood pulp and fiber, including paper Dated: July 14,2015 for habitation as a residence by per- E. Operations involving stockyards, BY ORDER OF 1'1lh TOWN sons,other than the owner or a family slaughterhouses and slagpiles. BOARD OF THE member of the owner, and for which F.Storage of explosives. TOWN OF SOUTHOLD rent is received by the owner,directly G. Quarries. Elizabeth A.Neville or indirectly, in exchange for such H. Storage of petroleum products. 12364-1T 7/30 Southold Town Clerk residential occupation for a period Notwithstanding any other provisions . of less than fourteen (14) nights For of this chapter,storage facilities with a the purposes of this Chapter,the term total combined capacity of more than ' Transient Rental Propertyshall mean 20,000 gallons,including all tanks,pipe- all non-owner occupied, single-family lines,buildings,structures and accessory I residences, two-family residences, and equipment designed,used or intended townhouses rented for period of less to be used for the storage of gasoline, than fourteen(14)nights and shall not fuel oil,kerosene,asphalt or other pe include: troleum products,shall not be located 1. Any legally operating commercial within 1,000 feet of tidal waters or tidal hotel/motel business or'bed and break- wetlands. fast establishment operating exclusively I.Encumbrances to public roads. and catering to transient clientele:that (1)No person shall intentionally dis- is,customers who customarily reside at charge or cause to be discharged any these establishments for short durations water of any kind onto a public highway, for the purpose of vacationing, travel roadway,right-of-way or sidewalk caus- i business,recreational activities,conven- ing a public nuisance;hazardous condi- tions, emergencies and other•activities tion,or resulting in flooding or pooling that are customary to a commercial ho- in or around the public area,including tel/motel business neighboring properties. . 2.A dwelling unit located on Fishers (2)No person shall place or cause to Island,due to the unique characteristics be-placed obstructions of any kind,ex- of the Island,including the lack Of for- cept the lawful parking of registered ve- rnal lodging for visitors. hides,upon a public highway,roadway, The presence of the following shall right-of-way or sidewalk that unreason- create a presumption that a dwelling - ably interferes with the public's use of unit is being used as a transient rental the public highway, roadway, right-of-. property: way or sidewalk. 1. The dwelling unit is offered for J.Transient'Rental Properties. lease on a short-term rental website,, §280-155. Penalties for offenses. including Airbnb,Home Away,VRBO A.For each offense against any of and the like;or the ny 2. The dwelling unit is offered for regulations omade pursuant ns of this teetoter or aor lease in any medium for.a period of less -for failure to comply with a written no- than fourteen(14)nights. tice or order of any Building Inspector The foregoing presumption ma a within-the time firm f,,.- ,.......,I,Q,,,, 1 ((\''ct/L1-"P-\--- 7 Principal Clerk / 1 f Sworn to before me this ��� day„of _ lt.a _ 2015. CHRISTINA VOLINSKI 1 ' - NOTARY PUBLIC-STATE OF NEW YORK No, 01V06105050 i LEGAL NOTICE _ i Qualified In Suffolk NOTICE OF PUBLIC HEARING County i Notice is_hereby given that there has MV C effiffilttlon Expires February 28, 2016 j _ f been-presented-to the Town Board of - - the Town of Southold,Suffolk County, - New York,on the 14th day of July,2015, a'Local Law entitled"A Local Law in to adv_ers le y affect the_surrounding are_a constitute a separate,additional offense.' relation to Amendments-to-Chapter or by reason of the creation of noise, For a second and subsequent convic ! 280. Zoning-in connection with'Dan- vibration,electromagnetic or other dis- tion within 18 months thereafter,-such °i 1 sient Rental Properties.”and turbance or by reason of illumination by person shall be guilty of a violation pun- ' I Notice is hereby given that the Town artificial light or light-reflection beyond_ _ishable_by a fine not exceeding$10,000 Board of the Town of Southold will hold the limits of the lot on or from which or by imprisonment for a period not to a public hearing on the aforesaid Local such light or light reflection emanates; exceed 15 days,or by both such fine and Law at the Southold Town Hall,53095 or which mvolves any dangerous fire,' imprisonment. Main Road,Southold,New York,on the . explosive,radioactive or other hazard; B. Notwithstanding the foregoing, 11th day of August,2015 at 7:32 p.m.at or which causes injury, annoyance or any violation of §§280-13A(6), 280- which time all interested persons will be disturbance to any of the surrounding 13B(13), 280-13D, and 280-111(j) are f given an opportunity to be heard. properties or to their owners and oc- hereby declared to be offenses punish- The proposed Local Law entitled,"A cupants;and any other process or use able by a fine not less than$1,500 nor Local Law in relation to Amendments which is unwholesome and noisome more than$8,000 or imprisonment for a to Chapter 280.Zoning,in connection and may be dangerous or prejudicial to penod not to exceed six months,or both, with Transient Rental Properties"reads health,safetyor.general welfare,except for a conviction of a first offense;for as follows: - where"such activity is licensed or regu- - convictions of"-a_-second'or subsequent LOCAL LAW NO. 2015 - latedby_other governmental agencies: offense within 18 months,a fine not less A Local Law entitled,"A Local Law B.Artificial lighting facilities of any than $3,000 nor more-than $15,000 or in relation to Amendments to Chapter kind which create glare beyond lot lines. imprisonment not to exceed a period 280. Zoning.in connection with Tran- C. Uses mvolving primary produc- of six months, or both. However,for sient Rental Properties". tion of the following products from raw the purpose of conferring junsdiction - BE IT ENACTED by the Town materials:charcoal and fuel briquettes; upon courts and judicial officers in gen- Board of the Town of Southold as fol- chemicals;aniline dyes;carbide;caustic eral,violations of this chapter shall be lows: - soda; cellulose; chlorine; carbon black deemed misdemeanors, and, for such I.Purpose. and bone black;creosote;hydrogen and purpose only,all provisions of law relat- The Town Board of the Town of oxygen;industrial alcohol;nitrates of an ,ing to misdemeanors shall apply. Each - Southold has determined that with the explosive nature;potash;plastic maten- day's continued violations shall con- advent of internet based"For Rent by als and synthetic resins;pyroxylin;rayon stitute a separate additional violation. Owner"services,there has been a dra- ,yarn; hydrochloric, nitric, phosphoric, Additionally,in lieu of imposing the fine matic increase in residential homes be-- picric and sulfuric acids;coal,coke and ,authorized in this section,in accordance -I mg rented for short periods of time.The tar products,including gas manufactur- with Penal Law§80.05(5),the court may Town Board finds that such transient ing; explosives; gelatin, glue and size sentence the defendant(s) to pay an _ —-- rentals threaten the residential charac- (animal);linoleum and oil cloth;match- amount,fixed by the court,not exceed- ter and quality of life of neighborhoods\ es;paint,varnishes and turpentine;rub- _ ing double the amount of the rent col- in which they occur. Additionally,the ber(natural or synthetic);soaps,includ- lected over the term of the occupancy. Town Board has determined that a ing fat rendenng;starch. III.SEVERABILITY short-term rental, as being potentially D.The following processes: - If any clause, sentence, paragraph, more lucrative,will necessarily decrease (1) Nitrating of cotton or of other section,or part of this Local Law shall the inventoryof available long-term af- materials be adjudged by any court of competent fordable rentals. Therefore,the Town (2)Milling or processing of flour. jurisdiction to be-invalid,the judgment Board in order to protect the health, (3)Magnesium foundry. shall not affect the validity of this law as safety and welfare of the community re- (4)Reduction,refining,smelting and a whole or any part.thereof other than quires the regulation of these transient,_alloying metal ornietaLores. _ the part so decided-to`lie unconstitu- .rental-pioperties.- (5)-Refining secondary aluminum. tional or invalid. - II. Chapter 280 of the Code of the (6) Refining petroleum products, IV.EFFECTIVE DATE 'Town of Southold is hereby amended such as gasolines,kerosene,naphtha and This Local Law shall take effect sixty ' - as follows: lubricating oil. (60)days after its filing with the Secre- t ' §280-4:Definitions. (7)Distillation of wood or bones. tary of State as provided by law: TRANSIENT RENTAL PROP- (8) Reduction and processing of •Underline represents additions ' -ERTY - wood pulp and fiber, including paper Dated. July 14,2015 • A dwelling unit which is occupied mill operations._ BY ORDER OF i'1-ib TOWN for habitation as a residence by per- E. Operations involving stockyards, - BOARD OF THE sons,other than the owner or a family slaughterhouses and slag piles. - - TOWN,OF SOUTHOLD i member of the owner, and for which F.Storage of explosives. Elizabeth A.Neville rent is received by the owner,directly G. Quarries. Southold Town Clerk or indirectly, in exchange for such H. Storage of petroleum products. 12364-1T 7/30 residential occupation for a period Notwithstanding any other provisions ++ of less than fourteen (14) nights. For of this chapter,storage facilities with a the purposes of this Chapter,the term total combined capacity of more than Transient Rental Property shall mean 20,000 gallons,including all tanks,pipe- oall non-owner-_occupied, single-family lines,buildings,structures and accessory ( f residences, two-family residences, and equipment designed,used or intended townhouses rented for a period of less to be used for the storage of gasoline, than fourteen(14)nights and shall not fuel oil,kerosene,asphalt or other pe include: troleum products,shall not be located ' 1. Any legally operating commercial within 1,000 feet of tidal waters or tidal hotel/motel business or bed and break- wetlands_ fast establishment operating exclusively _ I.Encumbrances to public roads. and catenng to transient clientele:that (1)No person shall intentionally,dis- . is is- is,customers who customarily reside at charge or cause to be discharged any these establishments for short durations water of any kind onto a public highway, for the purpose of vacationing,travel roadway,right-of-way or sidewalk cans- business,recreational activities,conven- _ ing a pubhc nuisance,hazardous condi- tions'emergencies and other activities tion,or resulting in flooding or pooling that are customary to a commercial ho- in or around the publie area,including tel/motel business. neighboring properties. - I 2.A dwelling unit located on Fishers (2)No person shall place or cause to i Island,due to the unique characteristics be-placed-obstructions-of any kind,ex- of the Island,including the lack Of for- cept the lawful parking of registered ve- j mal lodging for visitors. hides,upon a public highway,roadway, The presence of the following shall right-of-way or sidewalk that unreason- create a presumption that a dwelling - ably interferes with the public's use of unit is being used as a-transient rental the public highway, roadway, right-of-. property: way or sidewalk. 1. The dwellmg unit is offered for J.Transient'Rental Properties. lease on a short-term rental website,. §280-155. Penalties for offenses. including Airbnb,Home Away,VRBO A.For each offense against any of and the like;or the provisions of this chapter or any' 2. The dwelling unit is offered for •regulations made pursuant thereto or ,, lease in any medium for a period of less -for failure to comply with a written no- ` than fourteen(14)nights tice or order of any Building Inspector The foregoing presumption may be within the time fixed for compliance pp • rebutted by evidence-presented to,the • therewith,the owner,occupant,builder, I Code Enforcement-Officer for the Town architect,contractor,or their agents,or d - of Southold that the dwelling unit is not any other person Who'commits, takes pp a transient rental property. part or assists in the commission of any §280-111. Prohibited uses in all dis- such offense or any person,including an tricts owner,contractor,agent or other person q A.Any use which is noxious,offen- who fails to comply-with a written or= r sive or objectionable by reason of the der or notice of any Building Inspector - emission of smoke, dust, gas, odor or 'or ZoningInspector shall,upon a first - other form of air pollution or by reason conviction thereof,be guilty of a viola- of the deposit,discharge or dispersal of -tion;punishable by a fine not exceeding liquid or solid wastes in any form in such- $5,000 or by imprisonment for a period manner or amount as to cause perma- not to exceed•15 days,or both.Each day- nent damage to the soil and streams or on which such violation shall occur shall r , SUFFOLKTIMES.COM I JULY 30, 2015 I ' 7 LEGAL NOTICES '�`• ` CONTINUED FROM PREVIOUS PAGE Food Stamp, TANF, or FDPIR case a Local Law entitled"A Local Law in to adversely affect the surrounding area constitute a separate,additional offense. number; the names of all household relation to Amendments to Chapter or by reason of the creation of noise, For a second 'and subsequent convic- members; on an income application 280. Zoning.in connection with Tran- vibration,electromagnetic or other dis- tion within 18 months thereafter,such LEGAL NOTICE the last four digits of the social secu- sient Rental Properties."and turbance or by reason of illumination by person shall be guilty of a violation pun- Mattituck-Cutchogue UFSD rity number of the person who signs Notice is hereby given that the Town artificial light or light reflection beyond ishable by a fine not exceeding$10,000 385-Depot rane -the form or an indication that the adult Board of the Town of Southold will hold the limits of the lot on or from which or by imprisonment for a period not to Cutchogue,NY 11935 does not,have one, and the amount a public hearing on the aforesaid Local such light or light reflection emanates, exceed 15 days,or by both such fine and ANNUAL NEWS RELEASE and source of income received by each Law at the Southold Town Hall,53095 or which involves any dangerous fire, imprisonment. PUBLIC ANNOUNCEMENT household member. In addition, the Main Road,Southold,New York,on the explosive,radioactive or other hazard; B. Notwithstanding the foregoing, The Mattituck - Cutchogue UFSD parent or guardian must sign the apph- 11th day of August,2015 at 7:32 p.m.at or which causes injury, annoyance or any violation of §§280-13A(6), 280- today announced a free and reduced cation form,certifying the information which time all interested persons will be disturbance to any of the surrounding 13B(13), 280-13D, and 280-111(i) are price meal(Free Milk)policy for Mat- is true and correct. given an opportunity to be heard. properties or to their owners and oc- hereby declared to be offenses punish- tituck-Cutchogue area school`children. Nondiscrimination Statement: This The proposed Local Law entitled,"A cupants;and any other process or use able by a fine not less than$1,500 nor Local school officials have adopted explains what to do if you beheve you Local Law in relation to Amendments which is unwholesome and noisome more than$8,000 or imprisonment for a the following family eligibility criteria have been treated unfairly.' to Chapter 280.Zoning,in connection and may be dangerous or prejudicial to period not to exceed six months,or both, to assist them in determining eligibility The U.S. Department of Agncul- with Transient Rental Properties"reads health,safety or general welfare,except for a conviction of a first offense;for (see accompanying chart). ture (USDA) prohibits discrimination as follows: where such activity is licensed or regu- convictions of a second or subsequent SNAP/TANF/FDPIR Households: against its customers,employees,and ap- LOCAL LAW NO. 2015 lated by other governmental agencies. offense within 18 months,a fine not less Households which currently include plicants for employment on the bases of A Local Law entitled,"A Local Law B.Artificial lighting facilities of any than $3,000 nor more than $15,000 or children who receive SNAP but who are race,color,national origin,age,disabil- in relation to Amendments to Chapter kind which create glare beyond lot lines. imprisonment not to exceed a period not found during the DCMP, or Tem- ity,sex,gender identity,religion,reprisal, 280. Zoning in connection with Tran-,1 C Uses involving primary produc- of six months, or both. However,.for porary Assistance to Needy Families and where applicable, political beliefs, sient Rental Properties"/ tion of the following products from raw the purpose of conferring jurisdiction (TANF),or the Food Distribution Pro- marital status,familial or parental status, —BE 1lT ENACTED by the Town materials:charcoal and fuel briquettes, upon courts and judicial officers in gen- gram on Indian Reservations(FDPIR) sexual orientation,or all or part of an Board of the Town of Southold as fol- chemicals;aniline dyes;carbide;caustic eral,violations of this chapter shall be must complete an application listing the ,individual's income is derived from any lows: soda; cellulose; chlorine; carbon black deemed misdemeanors, and, for such child's name,a SNAP,TANF,or FDPIR public assistance program,or protected I.Purpose. and bone black;creosote;hydrogen and purpose only,all provisions of law relat- case number and the signature of an genetic information in employment or The Town Board of the Town of oxygen;industrial alcohol;nitrates of an ing to misdemeanors shall apply. Each adult household member, or provide in any program or activity conducted or Southold has determined that with the explosive nature;potash;plastic materi- day's continued violations shall Con- an Eligibility letter for free meals/milk funded by the Department.(Not all pro- advent of internet based"For Rent by als and synthetic resins;pyroxylin;rayon stitute a separate additional violation from the New York State Education De- hibited bases will apply to all programs Owner"-services,there has been a dra- yarn; hydrochloric, nitric, phosphoric, Additionally,in lieu of imposing the fine partment and/or employment activities.) matic increase in residential homes be- picric and sulfuric acids;coal,coke and authorized in this section,in accordance Other Households:Households with If you wish to file a Civil Rights ing rented for short periods of time.The tar products,including gas manufactur-_ with Penal Law§80.05(5),the court may -- incomes the same or below the amount program complaint of discrimination, Town Board finds that such transient ing; explosives; gelatin, glue and size sentence the defendant(s) to pay an of money listed above for their-family complete the USDA Program Discrimi- rentals threaten the residential charac- (animal);linoleum and oil cloth,match- amount,fixed by the court,not exceed- size may be eligible for and are urged nation Complaint Form (PDF), found ter and quality of life of neighborhoods es;paint,varnishes and turpentine;rub- ing double the amount of the rent col- to apply for free and/or reduced price online at http://www.ascr.usda.gov/ in which they occur..Additionally,the ber(natural or synthetic);soaps,includ- lected over the term of the occupancy. meals (or free milk). They may do so complaint_filing_cust.html, or at any - Town Board has determined that a ing fat rendering,starch. III.SEVERABILITY by filling in the application forms sent USDA office,or call(866)632-9992 to short-term rental, as being potentially D.The following processes: If any clause, sentence, paragraph, ' home with a letter to parents.Addition- request the form.You may also write a more lucrative,will necessarily decrease (1) Nitrating of cotton or of other section,or part of this Local Law shall al copies are available at the principal's letter containing all of the information the inventory of available long-term af- materials. be adjudged by any court of competent office in each school. Applications may requested in the form.Send your corn- fordable rentals. Therefore,the Town (2)Milling or processing of flour jurisdiction to be invalid,the judgment - be submitted any time during the school pleted complaint form or letter to us by Board in order to protect the health, (3)Magnesium foundry. shall not affect the validity of this law as year to Dr.Anne Smith 385 Depot Lane mail at U.S.Department of Agriculture, safety and welfare of the community re- (4)Reduction,refining,smelting and a whole or any part thereof other than Cutchogue,NY 11935. Director, Office of Adjudication, 1400 quires the regulation of these transient alloying metal or metal ores. -the part so decided to be unconstitu- The information provided on the ap- Independence Avenue, S.W.,Washing- rental properties. (5)Refining secondary aluminum. tional or invalid. plication will be confidential and will ton,D.C.20250-9410,by fax(202)690- H. Chapter 280 of the Code of the (6) Refining petroleum products, IV.EFFECTIVE DATE be used for determining eligibility. The 7442 or email at program.intake@usda. 'Town of Southold is hereby amended such as gasolines,kerosene,naphtha and This Local Law shall take effect sixty names and eligibility status of partici- gov. j` as follows: lubricating oil. (60)days after its filing with the Secre- pants may also be used for the allocation Individuals who are deaf, hard of §280-4. Definitions. (7)Distillation of wood or bones. tary of State as provided by law. of funds to federal education programs hearing or have speech disabilities and TRANSIENT RENTAL PROP- (8) Reduction and processing of •Underline represents additions such as Title I and National Assessment - you wish to file either an EEO or pro- -ERTY wood pulp and fiber, including paper Dated: July 14,2015 of Educational Progress(NAEP),State gram complaint please contact USDA A dwelling unit which is occupied mill operations - BY ORDER OF THE TOWN health or State education programs, through the.Federal Relay Service at for habitation as a residence by per- E. Operations involving stockyards, - BOARD OF THE provided the State agency or local edu- (800) 877-8339 or (800) 845-6136 (in sons,other than the owner or a family _ slaughterhouses and slag piles TOWN OF SOUTHOLD cation agency administers the programs, Spanish). - member of the owner, and for which F.Storage of explosives. Elizabeth A.Neville and for federal, State or local means- USDA is an equal opportunity em- rent is received by the owner,directly G. Quarries. Southold Town Clerk tested nutrition programs with eligibil-' ployer. - or indirectly, in exchange for such H. Storage of petroleum products 12364-iT 7/30 ity standards comparable to the NSLP. 12359-1T 7/30 residential occupation for a period Notwithstanding any other provisions - - LEGAL NOTICE 1- Eligibility information may also be re- LEGAL NOTICE of less than fourteen (14) nights. For of this chapter,storage facilities with a Notice of formation of 540 EAST leased to programs'authorized under Notice of Independent Audit Report the purposes of this Chapter,the term total combined capacity of more than MAIN STREET,LLC Arts of Org filed the National School Lunch Act(NSLA) Notice is hereby given that in accor- Transient Rental Property shall mean 20,000 gallons,including all tanks,pipe- with the Sect'y of State of NY(SSNY) or the Child Nutrition Act(CNA). The dance with Town Law Section 181-a(1) all non-owner occupied, single-family lines,buildings,structures and accessory on 6/9/2015.Office location,County of release of information to any program and pursuant to General Municipal Law residences, two-family residences, and equipment designed,used or intended Suffolk.SSNY has been designated as or entity not specifically authorized by Section 35,(2a)the fiscal affairs of the townhouses rented for a period of less to be used for the storage of gasoline, agent of the LLC upon whom process the NSLA will require a written consent East Marion Fire District of the Town than fourteen(14)nights and shall not fuel oil,kerosene,asphalt or other pe- against it may be served SSNY shall statement from the parent or guardian. of Southold,for the period beginning on include: troleum products, shall not be located mail process to:The LLC,608 Northville The school district does, however, January 1,2014 and ending on Decem- 1 Any legally operating commercial within 1,000 feet of tidal waters or tidal Tpke., Riverhead,NY 11901. Purpose:_ have the right to verify at any time dur- ber 31,2014,have been examined by In- hotel/motel business or bed and break- wetlands. any lawful act. ing the school year the information on dependent Certified Public Accounting fast establishment operating exclusively I.Encumbrances to public roads. 12332-6T 7/9,16,23,30,8/6,13 the application. If a parent does not _ firm of Cullen and Danowski,LLP,Port and catering to transient clientele;that (1)No person shall intentionally dis- LEGAL NOTICE give the school this information, the Jefferson Station,NY. A copy of their is,customers who customarily reside at charge or cause to be discharged any Notice of formation of 189 SEBO- child/children will no longer be able independent audit report and manage-- these establishments for short durations water of any kind onto a public highway, NAC ROAD, LLC Arts. of Org. filed to receive free or reduced price meals ment letter has been filed with the New for the purpose of vacationing, travel roadway,right-of-way or sidewalk caus- with the Sect'y of State of NY(SSNY) (free milk). York Office of the State Comptroller business,-recreational activities,conven- ing a public nuisance,hazardous condi- .on 6/24/2015.Office location,County of Foster children may also be eligible where it is available as a public record tions,emergencies and other activities tion,or resulting in flooding or pooling Suffolk SSNY has been designated as for these benefits. A separate applica- for inspection by all interested persons. that are customary to a commercial ho- in or around the public area,including agent of the LLC upon whom process - tion for a foster child is no longer nec- ,In accordance with Town Law Section tel/motel business. neighboring properties. _ against it may be served. SSNY shall essary.Foster children may be listed on 181-a(4)the Board of Fire Commission- 2.A dwelling unit located on Fishers (2)No person shall place or cause to mail process to: do Twomey, Latham, the application as a member of the fam- ers of the East Marion Fire District of Island,due to the unique characteristics be placed obstructions of any kind,ex- Shea,Kelley,Dubin and Quartararo,33 ily where they reside.They must include the Town of Southold have prepared of the Island,including the lack of for- cept the lawful parking of registered ve- W. Second St., POB 9398, Riverhead, the foster child's name and personal use a written corrective action plan in re- mal lodging for visitors hides,upon a public highway,roadway, NY 11901 Purpose•any lawful act. income. sponse to the management letter issued The presence of the following shall right-of-way or sidewalk that unreason- 12334-6T 7/9,16,23,30;8/6,13 Under the provisions of the policy, as a result of the above referenced in- create a presumption that a dwelling ably interferes with the public's use of LEGAL NOTICE the designated official will review ap- dependent audit This corrective action unit is being used as a transient rental the public highway, roadway, right-of- Notice of formation of TALE OF plications and determine eligibility. If plan has been filed with the New York property: way or sidewalk. BIG DREAMS,LLC Arts.of Org filed a parent is dissatisfied with the ruling Office of the State Comptroller and is 1 The dwelling unit is offered for J Transient Rental Properties with the Sect'y of State of NY(SSNY) -- of the designated official, he/she may available for inspection by all interested lease on a short-term rental website, §280-155. Penalties for offenses. on 6/9/2015.Office location,County of make a request either orally or in writ- persons at the East Marion Fire District including Airbnb,Home Away,VRBO A For each offense against any of Suffolk.SSNY has been designated as ing for a hearing to appeal the decision. Office,9245 Main Rd.East Marion,NY and the like;or - the provisions of this chapter or any agent of the LLC upon whom process Michael Engelhardt, Business Man- 11939. 2 The dwelling unit is offered for regulations made pursuant thereto or against it may be served SSNY shall ager),whose address is 385 Depot Lane BY ORDER OF THE BOARD lease in any medium for a period of less for failure to comply with a written no- mail process to: c/o Twomey, Latham, Cutchogue, NY 11935 has been desig- OF FIRE COMMISSIONERS than fourteen(14)nights tice or order of any Building Inspector Shea, Kelley, Dubin and Quartararo nated as the Hearing Official. Hearing OF THE EAST MARION The foregoing presumption may be within the time fixed for compliance LLP,33 W.Second St.,POB 9398,River- procedures are outlined in the policy. FIRE DISTRICT, rebutted by evidence presented to the therewith,the owner,occupant,builder, head NY 11901.Purpose•any lawful act However,prior to initiating the hearing Town of Southold, Code,Enforcement Officer for the Town architect,contractor,or their agents,or 12335-6T 7/9,16,23,30,8/6,13 procedure,the parent or School Food Au- County of Suffolk, of Southold that the dwelling unit is not any other person who commits, takes LEGAL NOTICE thority may request a conference to pro- State of New York a transient rental property. part or assists in the commission of any Notice of formation of ASTOR & vide an opportunity for the parent and t Walter Gaipa §280-111. Prohibited uses in all dis- such offense or any person,including an ASTOR, LLC Arts of Org. filed with •official to discuss the situation,present Fire District Secretary tricts. owner,contractor,agent or other person the Sect'y of State of NY (SSNY) on information,and obtain an explanation of July 30,2015 A Any use which is noxious,offen- who fails to comply with a written or- 6/16/2015. Office location, County of the data submitted in the application or 12360-iT 7/30 sive or objectionable by reason of the der or notice of any Building Inspector Suffolk.SSNY has been designated as - the decisions rendered The request for a LEGAL NOTICE emission of smoke, dust, gas, odor or or Zoning Inspector shall,upon a first agent of the LLC upon whom process conference shall not in any way prejudice NOTICE OF PUBLIC HEARING other form of air pollution or by reason conviction thereof,be guilty of a viola- against it may be served. SSNY shall or diminish the right to a fair hearing. Notice is hereby given that there has of the deposit,discharge or dispersal of tion,punishable by a fine not exceeding mail process to:The LLC, POB 3022, Only complete applications can be been presented to the Town Board of liquid or solid wastes in any form in such $5,000 or by imprisonment for a period Shelter Island Hgts,NY 11965.Purpose: approved This includes complete and the Town of Southold,Suffolk County, manner or amount as to cause perma- not to exceed 15 days,or both.Each day any lawful act. accurate information regarding. the New York,on the 14th day of July,2015, nent damage to the soil and streams or on which such violation shall occur shall 12337-6T 7/9,16,23,30;8/6,13 j.__` '' r_� find everything North' Fork a-t FO b.t WINE. LE��U'RE r = northf®rkercom i - Y 1 , Rudder, Lynda From: Rudder, Lynda Sent: ' Monday, September 14, 2015 10:57 AM To: Southampton Town clerk Subject: LL Transient rentals Attachments: II rental_20150914095013.pdf Your message is ready to be sent with the following file or link attachments: II rental_20150914095013.pdf Note:To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. 1 00•ii S FOL,j ELIZABETH A.NEVILLE,MMC es�y®� . ®l/y Town Hall,53095 Main Road TOWN CLERK o ; P.O.Box 1179 t cop Southold,New York 11971 REGISTRAR OF VITALrk 11971 REPre �� Fax(631)765-6145 MARRIAGE OFFICER �__'' ol09 Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER _ ®.1 4g /600 www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER .,, ,,,,, OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 8, 2015 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: A Local Law entitled, A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties on August 28, 2015. Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm receipt of this notice. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport- Town of Shelter Island Town-of Riverhead -j Town of Southampton Southold-Town Planning Board- -Southold Town Trustees Southold Town Assessors- Southold Town Board of Appeals -Southold-Town-Building-Department- Date: Signature, Received By Title: Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK //////�9 fFIA4 _ ELIZABETH A.NEVILLE,IV MC �I.V �� Town Hall,53095 Main Road TOWN CLERK -, P.O.Box 1179 % az ; Southold,New York 11971 REGISTRAR OF VITAL STATISTICSet, ��� Fax(631)765-6145 MARRIAGE OFFICER ,�, y �CiS°is Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ®.Q '/,J www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER - .���,,,.•/' OFFICE OF THE TOWN CLE''K TOWN OF SOUTHOLD September 8,2015 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: A Local Law entitled, A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties on August 28,2015. Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm receipt of this notice. Thank you. r Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department L,, ea./0 Date: lir-,4-a,&4..) J) 2 of i ig ture,ReceiAed By J )v !c; Pi-ri 1 I0 Title: ' I/fc� fir" Ple e print name I DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A.NEVILLE,MMC ®may Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Friv Fax(631)765-6145 MARRIAGE OFFICER 06 _-_'-»« `' P , Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER '.� .0®.�y �� ��� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER ,,,,,•� OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 8,2015 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: A Local Law entitled, A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties on August 28,2015. Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm receipt,of this notice. Thank you. -(2qpiftego - fo Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department AV, —41111111 /6- , Date: , Jl Signature,Received By 23teL.A____Q___ A 4.)171-E---lhA---- Title: Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK RECEIVED SEP 9 2015 Southold Town Clerk ��i ' ':�"`•4� ' Town Hall,53095 Main Road ELIZABETH A.NEVILLE,MMC �. ,�;v=' .�.. TOWN CLERK �,m:,.. '`,0 P.O.Box 1179 ci° , Southold,New York 11971 REGISTRAR OF VITAL STATISTICS u'� ', Fax(631)765-6145 MARRIAGE OFFICER 4 'oe Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER '', s `ra i www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 8, 2015 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: A Local Law entitled, A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties on August 28,2015. Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm receipt of this notice. Thank you. ...;.rsd, Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department • 4111116,1* a o V .. _.._ Date: l a lic Signature,Received By :, ? teCk, {� k C.ha1 S Title: P`3 \C\oi DePi. Please print name C ` j a pttir DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ,oe,„ilii.>�. ELIZABETH A.NEVILLE,MMC �� �® e. ; Town Hall,53095 Main Road TOWN CLERK = I P.O.Box 1179 ` `;$, '. 2t % Southold,New York 11971 REGISTRAR OF VITAL STATISTICS . jo ' _. ` ftlif �� Fax(631)765-6145 MARRIAGE OFFICER p ®0'i1�+ Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER `- "4 ''r Os www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER '�+.',,,,,.,°O •FFICE OF THE TOWN CLE`•' K TOWN OF SOUTHOLD September 8, 2015 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: A Local Law entitled, A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties on August 28, 2015. Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm receipt of this notice. Thank you. :12 ...._,(24.e.e,,,e.116, i Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department /.' 1 q Q _15____ / ` �ir Date: G U Signature, Received y Kev lvfl, tarTitle: SJ 11 Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK fo/ ®ate �� ; ELIZABETH A. NEVILLE,MMC �������� � ®�� Town Hall,53095 Main Road 4rrK, s- .. 4 P.O.Box 1179 TOWN CLERK � � � � � . �� �r Southold,New York 11971 • ''' k ,,P' 4 �0 Fax (631)765-6145 R HG1 STRAR OF VITAL STATISTICS � ® ® ���� � MARRIAGE OFFICER : 4 ", s- ®� ��� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER /� *1,dr www.southoldtownny gov FREEDOM OF INFORMATION OFFICER ''--..:x,,,,,00 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 8, 2015 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: A Local Law entitled, A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties on August 28, 2015. Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm receipt of this notice. Thank you. ,- i Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold `Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department , Date: 4904::/5---- Signature, Receive. :y 4 , Hie--44_e L ._ ir.7i, Title: /1 -►�/ Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK 09/08/2015 09:47 6317493436 S I TOWN CLERK PAGE 01 ELIZABETH A.NEVILLE,MMC /'.fi, Town Hall,53095 Main Road TOWN CLERK ; 3 P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ; � , r��� Fax(631)765-6145 MARRIAGE OFFICER =_+ 441'. Telephone Fax (63I)765-1800 RECORDS MANAGEMENT OFFICER - pl 4 `1� ,0 www.southoldtownny,gov FREEDOM OF INFORMATION OFFICER "- ,,,•• OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 8, 2015 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: A Local Law entitled, A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties on August 28,2015. Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to Confirm receipt of this notice. Thank you. egia1444? Elizabeth A. Neville Town Clerk . Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department 1. 10-ted k. ... . Date: 91./r Signature, Rec teed B)(J Please print name Title:Vern Ckell14 DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK fti' ani ELIZABETH A.NEVILLr MMC �' "M � Town Hall,53095 Main Road k. ;Ot I O.Box 1179 TOWN CLERK � � k".�>� .„: *.:1,' � c r Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(63I)765-6145 MARRIAGE OFFICER \/170'_= 0#$ Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER • g l `:'+,.elf www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER may` OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 8,2015 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: A Local Law entitled, A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties on August 28,2015. Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm receipt of this notice, Thank you. }� y � Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department 114 /a '_ :' .f Date: Ci/6V90) Signatty,Received By r_ jeLy p) Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK 09/08/2015 09:50 6317659064 ZONINGBDOFAPPEALS PAGE 01/01 ELIZABETIB A.NEVILLE,AMC 00' ;_; ,.;; _. IfaIk Town Ball,53095 Main Road TOWN CLERIC Tr' • ",4%V.4 P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ti ;' ,, ;•;, ' ►t Pax 031)765.6145 - MARRIAGE OFFICER �� ,, • ft3P Telephone(631)765,.1800 RECORDS MANAGEMENT OFFICER g „.0 www.southolcttownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERIC TOWN OF SOUTHOLD September 8, 2015 PLEASE TAKI3 NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: A Local Law entitled, A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties on August 28, 2015. Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm receipt of this notice. Thank you. airti4en2eA;11° Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department \°Il.,t E ' ' Datc ' I !6. _..-. Signature, Received By CZa M....,,..,.� Title:2.6A Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE,MMC4jj%\3Town Hall,53095 Main Road TOWN CLERK I' �" ; P.O.Box 1179 �'1''' �` ., ; Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ;0 �� Fax(631)765-6145 MARRIAGE 0141-10ER +�� ®�'�.0 Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov i FREEDOM OF INFORMATION OFFICER ►•.,•,,,,,•� OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 8, 2015 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: A Local Law entitled, A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties on August 28, 2015. Please sign the duplicate of this letter and return to this office at your earliest convenience. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Island State Park Commission) Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department Date: 9-4 / Signature, Received By f'}-r /g Fie r/%6/1114ivt Title: 4x-4/) MG-7— 1 )r-✓.irol---' Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK Neville, Elizabeth From: Duffy, Bill Sent: Monday, September 14, 2015 11:24 AM To: Rudder, Lynda; Beltz, Phillip; Dinizio,James; Doherty,Jill; Ghosio, Bob; Kiely, Stephen; Krauza, Lynne; Louisa Evans; Neville, Elizabeth; Russell, Scott; Standish, Lauren; Tomaszewski, Michelle;William Ruland Subject: RE: Local Law#7 of 2015 Based on the September 3`d filing date with the NYDOS,the amendments to Chapter 280 in connection with Transient Rental Properties will go into effect on November 2,2015. Bill _ From: Rudder, Lynda Sent: Monday, September 14, 2015 8:54 AM To: Beltz, Phillip; Dinizio, James; Doherty, Jill; Duffy, Bill; Ghosio, Bob; Kiely, Stephen; Krauza, Lynne; Louisa Evans; Neville, Elizabeth; Russell, Scott; Standish, Lauren; Tomaszewski, Michelle; William Ruland Subject: Local Law # 7 of 2015 The Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties has been received and filed by the NYSDOS on September 3, 2015 4,,AZ Of Riz.eg&I Lynda M Rudder Deputy Town Clerk Principal Account Clerk Southold Town Clerk's Office 53095 Main Road,PO Box 1179 Southold,NY 11971 631/765-1800 ext 210 631/765-6145 1 Neville, Elizabeth From: Rudder, Lynda Sent: Monday, September 14, 2015 8:54 AM To: Beltz, Phillip; Dinizio,James; Doherty,Jill; Duffy, Bill; Ghosio, Bob; Kiely, Stephen; Krauza, Lynne; Louisa Evans; Neville, Elizabeth; Russell, Scott; Standish, Lauren;Tomaszewski, Michelle;William Ruland Subject: Local Law#7 of 2015 The Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties has been received and filed by the NYSDOS on September 3, 2015 c+Lth 01 /SeG:2'PA Lynda M Rudder Deputy Town Clerk Principal Account Clerk Southold Town Clerk's Office 53095 Main Road,PO Box 1179 Southold,NY 11971 631/765-1800 ext 210 631/765-6145 1 Southold Town Board - Letter Board Meeting of August 11, 2015 gFFQ(F RESOLUTION 2015-739 Item# 5.30 :trfil � °'� ADOPTED DOC ID: 11099 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-739 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 11, 2015: RESOLVED that the Town Board of the Town of Southold hereby determines that the proposed Local Law entitled"A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties" is classified as a Type II action pursuant to SEQRA rules and regulations, and is not subject to further review under SEQRA, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. •. ;.dr6 C e, Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Louisa P. Evans, Justice AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Generated August 12, 2015 Page 38 Southold Town Board- Letter Board Meeting of August 11, 2015 RESOLUTION 2015-740 Item# 5.31 49* TABLED DOC ID: 11101 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-740 WAS TABLED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 11,2015: RESOLVED that there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 14th day of July, 2015, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties." And be it further RESOLVED that the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties" reads as follows: LOCAL LAW NO. 2015 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board of the Town of Southold has determined that with the advent of interne based"For Rent by Owner" services, there has been a dramatic increase in residential homes being rented for short periods of time. The Town Board finds that such transient rentals threaten the residential character and quality of life of neighborhoods in which they occur. Additionally, the Town Board has determined that a short-term rental, as being potentially more lucrative, will necessarily decrease the inventory of available long-term affordable rentals. Therefore, the Town Board in order to protect the-health, safety and welfare of the community requires the regulation of these transient rental properties. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. TRANSIENT RENTAL PROPERTY A dwelling unit which is occupied for habitation as a residence by persons, other than the owner or a family member of the owner, and for which rent is received by the owner, directly or Generated August 12, 2015 Page 39 by Southold Town Board - Letter Board Meeting of August 11, 2015 indirectly, in exchange for such residential occupation for a period of less than fourteen (14) nights. For the purposes of this Chapter, the term Transient Rental Property shall mean all non- owner occupied, single-family residences,two-family residences, and townhouses rented for a period of less than fourteen (14) nights and shall not include: 1. Any legally operating commercial hotel/motel business or bed and breakfast establishment operating exclusively and catering to transient clientele; that is, customers who customarily reside at these establishments for short durations for the purpose of vacationing, travel, business, recreational activities, conventions, emergencies and other activities that are customary to a commercial hotel/motel business. 2. A dwelling unit located on Fishers Island, due to the unique characteristics of the Island, including the lack of formal lodging for visitors. The presence of the following shall create a presumption that a dwelling unit is being used as a transient rental property: 1. The dwelling unit is offered for lease on a short-term rental website, including Airbnb, Home Away, VRBO and the like; or 2. The dwelling unit is offered for lease in any medium for a period of less than fourteen (14) nights. The foregoing presumption may be rebutted by evidence presented to the Code Enforcement Officer for the Town of Southold that the dwelling unit is not a transient rental property. §280-111. Prohibited uses in all districts. A. Any use which is noxious, offensive or objectionable by reason of the emission of smoke, dust, gas, odor or other form of air pollution or by reason of the deposit, discharge or dispersal of liquid or solid wastes in any form in such manner or amount as to cause permanent damage to the soil and streams or to adversely affect the surrounding area or by reason of the creation of noise, vibration, electromagnetic or other disturbance or by reason of illumination by artificial light or light reflection beyond the limits of the lot on or from which such light or light reflection emanates; or which involves any dangerous fire, explosive, radioactive or other hazard; or which causes injury, annoyance or disturbance to any of the surrounding properties or to their owners and occupants; and any other process or use which is unwholesome and noisome and may be dangerous or prejudicial to health, safety or general welfare, except where such activity is licensed or regulated by other governmental agencies. B. Artificial lighting facilities of any kind which create glare beyond lot lines. C. Uses involving primary production of the following products from raw materials: charcoal and fuel briquettes; chemicals; aniline dyes; carbide; caustic soda; cellulose; chlorine; carbon black and bone black; creosote; hydrogen and oxygen; industrial alcohol; nitrates of an explosive nature; potash; plastic materials and synthetic resins; pyroxylin; rayon yarn; hydrochloric, nitric,phosphoric,picric and sulfuric acids; coal, coke and tar products, including gas manufacturing; explosives; gelatin, glue and size (animal); linoleum and oil cloth; matches; paint, varnishes and turpentine; rubber (natural or synthetic); soaps, including fat rendering; starch. D. The following processes: (1) Nitrating of cotton or of other materials. (2) Milling or processing of flour. Generated August 12, 2015 Page 40 Southold Town Board - Letter Board Meeting of August 11, 2015 (3) Magnesium foundry. (4)' Reduction, refining, smelting and alloying metal or metal ores. (5) Refining secondary aluminum. (6) Refining petroleum products, such as gasolines, kerosene, naphtha and lubricating oil. (7) Distillation of wood or bones. (8) Reduction and processing of wood pulp and fiber, including paper mill operations. E. Operations involving stockyards, slaughterhouses and slag piles. F. Storage of explosives. G. Quarries. H. Storage of petroleum products. Notwithstanding any other provisions of this chapter, storage facilities with a total combined capacity of more than 20,000 gallons, including all tanks, pipelines, buildings, structures and accessory equipment designed, used or intended to be used for the storage of gasoline, fuel oil, kerosene, asphalt or other petroleum products, shall not be located within 1,000 feet of tidal waters or tidal wetlands. Encumbrances to public roads. (1) No person shall intentionally discharge or cause to be discharged any water of any kind onto a public highway, roadway, right-of-way or sidewalk causing a public nuisance, hazardous condition, or resulting in flooding or pooling in or around the public area, including neighboring properties. (2) No person shall place or cause to be placed obstructions of any kind, except the lawful parking of registered vehicles, upon a public highway, roadway, right-of- way or sidewalk that unreasonably interferes with the public's use of the public highway, roadway, right-of-way or sidewalk. J. Transient Rental Properties. §280-155. Penalties for offenses. A. For each offense against any of the provisions of this chapter or any regulations made pursuant thereto or for failure to comply with a written notice or order of any Building Inspector within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor, or their agents, or any other person who commits, takes part or assists in the commission of any such offense or any person, including an owner, contractor, agent or other person who fails to comply with a written order or notice of any Building Inspector or Zoning Inspector shall, upon a first conviction thereof, be guilty of a violation, punishable by a fine not exceeding$5,000 or by imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within 18 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding $10,000 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment. B. Notwithstanding the foregoing, any violation of§§280-13A(6), 280-13B(13), 280-13D, and 280-111(j) are hereby declared to be offenses punishable by a fine not less than $1,500 nor more than $8,000 or imprisonment for a period not to exceed six months, or Generated August 12, 2015 Page 41 Southold Town Board - Letter Board Meeting of August 11, 2015 both, for a conviction of a first offense; for convictions of a second or subsequent offense within 18 months, a fine not less than $3,000 nor more than $15,000 or imprisonment not to exceed a period of six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers in general,violations of this chapter shall be deemed misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors shall apply. Each day's continued violations shall constitute a separate additional violation. Additionally, in lieu of imposing the fine authorized in this section, in accordance with Penal Law §80.05(5), the court may sentence the defendant(s)to pay an amount, fixed by the court, not exceeding double the amount of the rent collected over the term of the occupancy. III. S' VERABILITY If any cluse, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole•or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect sixty (60) days after its filing with the Secretary of State as provided by law. iqe.e&e:a, Elizabeth A. Neville Southold Town Clerk RESULT: TABLED [UNANIMOUS] Next: 8/25/2015 4:30 PM MOVER: Jill Doherty, Councilwoman SECONDER:Louisa P. Evans, Justice AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell 1. Motion To.: Motion to recess to Public Hearing RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty,Evans, Russell • l ' Generated August 12, 2015 Page 42 LEGAL NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 14th day of July, 2015, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties." and Notice is hereby 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, on the 11th day of August,2015 at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties" eads as follows: 7rd Sri,Q,...n y' LOCAL LAW NO. 2015 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board of the Town of Southold has determined that with the advent of internet based "For Rent by Owner" services, there has been a dramatic increase in residential homes being rented for short periods of time. The Town Board finds that such transient rentals threaten the residential character and quality of life of neighborhoods in which they occur. Additionally, the Town Board has determined that a short-term rental, as being potentially more lucrative, will necessarily decrease the inventory of available long-term affordable rentals. Therefore, the Town Board in order to protect the health, safety and welfare of the community requires the regulation of these transient rental properties. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. TRANSIENT RENTAL PROPERTY A dwelling unit which is occupied for habitation as a residence by persons, other than the owner or a family member of the owner, and for which rent is received by the owner, directly or indirectly, in exchange for such residential occupation for a period of less than fourteen (14) nights. For the purposes of this Chapter, the term Transient Rental Property shall mean all non- owner occupied, single-family residences, two-family residences;and townhouses rented for a period of less than fourteen (14) nights and shall not include: 1. Any legally operating commercial hotel/motel business or bed and breakfast establishment operating exclusively and catering to transient clientele; that is, customers who customarily reside at these establishments for short durations for the purpose of vacationing, travel, business, recreational activities, conventions, emergencies and other activities that are customary to a commercial hotel/motel business. 2. A dwelling unit located on Fishers Island, due to the unique characteristics of the Island, including the lack of formal lodging for visitors. The presence of the following shall create a presumption that a dwelling unit is being used as a transient rental property: 1. The dwelling unit is offered for lease on a short-term rental website, including Airbnb, Home Away, VRBO and the like; or 2. The dwelling unit is offered for lease in any medium for a period of less than fourteen (14) nights. The foregoing presumption may be rebutted by evidence presented to the Code Enforcement Officer for the Town of Southold that the dwelling unit is not a transient rental property. §280-111. Prohibited uses in all districts. A. Any use which is noxious, offensive or objectionable by reason of the emission of smoke, dust, gas, odor or other form of air pollution or by reason of the deposit, discharge or dispersal of liquid or solid wastes in any form in such manner or amount as to cause permanent damage to the soil and streams or to adversely affect the surrounding area or by reason of the creation of noise, vibration, electromagnetic or other disturbance or by reason of illumination by artificial light or light reflection beyond the limits of the lot on or from which such light or light reflection emanates; or which involves any dangerous fire, explosive, radioactive or other hazard; or which causes injury, annoyance or disturbance to any of the surrounding properties or to their owners and occupants; and any other process or use which is unwholesome and noisome and may be dangerous or prejudicial to health, safety or general welfare, except where such activity is licensed or regulated by other governmental agencies. B. Artificial lighting facilities of any kind which create glare beyond lot lines. C. Uses involving primary production of the following products from raw materials: charcoal and fuel briquettes; chemicals; aniline dyes; carbide; caustic soda; cellulose; chlorine; carbon black and bone black; creosote; hydrogen and oxygen; industrial alcohol; nitrates of an explosive nature; potash; plastic materials and synthetic resins; pyroxylin; rayon yarn; hydrochloric, nitric, phosphoric, picric and sulfuric acids; coal, coke and tar products, including gas manufacturing; explosives; gelatin, glue and size (animal); linoleum and oil cloth; matches; paint, varnishes and turpentine; rubber (natural or synthetic); soaps, including fat rendering; starch. D. The following processes: (1) Nitrating of cotton or of other materials. (2) Milling or processing of flour. (3) Magnesium foundry. (4) Reduction, refining, smelting and alloying metal or metal ores. (5) Refining secondary aluminum. (6) Refining petroleum products, such as gasolines, kerosene, naphtha and lubricating oil. (7) Distillation of wood or bones. (8) Reduction and processing of wood pulp and fiber, including paper mill operations. E. Operations involving stockyards, slaughterhouses and slag piles. F. Storage of explosives. G. Quarries. H. Storage of petroleum products. Notwithstanding any other provisions of this chapter, storage facilities with a total combined capacity of more than 20,000 gallons, including all tanks, pipelines, buildings, structures and accessory equipment designed, used or intended to be used for the storage of gasoline, fuel oil, kerosene, asphalt or other petroleum products, shall not be located within 1,000 feet of tidal waters or tidal wetlands. I. Encumbrances to public roads. (1) No person shall intentionally discharge or cause to be discharged any water of any kind onto a public highway, roadway, right-of-way or sidewalk causing a public nuisance, hazardous condition, or resulting in flooding or pooling in or around the public area, including neighboring properties. (2) No person shall place or cause to be placed obstructions of any kind, except the lawful parking of registered vehicles, upon a public highway, roadway, right-of- way or sidewalk that unreasonably interferes with the public's use of the public highway, roadway, right-of-way or sidewalk. J. Transient Rental Properties. §280-155. Penalties for offenses. A. For each offense against any of the provisions of this chapter or any regulations made pursuant thereto or for failure to comply with a written notice or order of any Building Inspector within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor, or their agents, or any other person who commits, takes part or . assists in the commission of any such offense or any person, including an owner, contractor, agent or other person who fails to comply with a written order or notice of any Building Inspector or Zoning Inspector shall, upon a first conviction thereof, be guilty of a violation, punishable by a fine not exceeding $5,000 or by imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within 18 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding$10,000 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment. B. Notwithstanding the foregoing, any violation of§§280-13A(6), 280-13B(13), 280-13D, and 280-111(j) are hereby declared to be offenses punishable by a fine not less than $1,500 nor more than $8,000 or imprisonment for a period not to exceed six months, or both, for a conviction of a first offense; for convictions of a second or subsequent offense within 18 months, a fine not less than $3,000 nor more than $15,000 or imprisonment not to exceed a period of six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers in general, violations of this chapter shall be deemed misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors shall apply. Each day's continued violations shall constitute a separate additional violation. Additionally, in lieu of imposing the fine authorized in this section, in accordance with Penal Law §80.05(5), the court may sentence the defendant(s) to pay an amount, fixed by the court, not exceeding double the amount of the rent collected over the term of the occupancy. III. SEVERABILITY If any clause; sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect sixty (60) days after its filing with the Secretary of State as provided by law. Dated: July 14, 2015 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville Southold Town Clerk * * * Please publish on July 30, 2015 and forward one affidavit of publication to Elizabeth A. Neville, Town Clerk, Town Hall, P 0 Box 1179, Southold,NY 11971. Copies to: The Suffolk Times Town Board Town Attorney TC Bulletin Bd Website r .p s" ofFour ELIZABETH A.NEVILLE,MMC ���.Z® r/� Town Hall,53095 Main Road TOWN CLERK ? ® d • ; P. O.Box 1179 rte Southold,New York 11971 REGISTRAR OF VITAL STATISTICS A ® ��� Fax(631)765-6145 MARRIAGE OFFICER y RECORDS MANAGEMENT OFFICER =_�®d ,�`a®,i01 Telephone(631)7 INg . www.southoldtownny.go0 nny.gov FREEDOM OF INFORMATION OFFICER ."> ,,,,•� OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 28, 2015 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARING on the proposed Local Law listed below at the Southold Town Hall, 53095 Main Road, Southold,New York, on the 11th day of August, 2015 at 7:32 p.m. A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm receipt of this notice. Thank you. ala444Q Elizabeth A. Neville Town Clerk Attachments / cc: V uffolk County Department of Planning /Long Island State Park Commission Email: Village of Greenport✓ " own•of Shelter Island Town of Riverhead✓' "frown of Southampton Southold Town Planning Board ✓Southold Town Trustees outhold Town Assessorsr/ !'$ uthold Town Board of Appeals Southold Town Building Department Date: Signature, Received By Title: Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ' U.S: Postal.SerVice Ri .CEFftIFIEDMAILTM RECEIPT .n" .,,:(pomestic'Mail Only;No Insurance Coverage Provided) r-9 .For delivery information visit'our website at www.usps.com® r/ CD F F 5 C 5 A.LTRA! p 7 in Postage $ o ►�`I 1/9� Certified Fee 0 L r, in = Postn ; p Retum Receipt Fee 11%% -y O (Endorsement Required) O Restricted DeliveryFee Q (Endorsement Required) ®� , O. Total Postage&FeesMEM '-t n'-..c.o. � r-9 Se To 1 a Thor_ao.s 16Ies, Ifecto 4_5c.b.pto;P(.).,. Street,Apt.No. i.7.... OQ- or PO Box No.�=C) . 1L���SJ77`� 4 100 City,State,Z ...666. c�.0 117.4`: Ir Iy Q iiiAgreilriggwar:/mmokir•Av r elul lAl41l:I6YzMollCeLeLUd10411,14:i' simmmmimmw • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. Xgent • Print your name and address on the reverse 0 Addressee so that we can return the card to you. B. Received by(Pnnted Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, 7 ��S or on the front if space permits. D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No -rho rna s l sles - 17ireletor Su \k eourcqack ekTlanni r3 . "?.(5. 1ox Col 60 3. Service Type r!Certified Mail® 0 Priority Mail Express." 0. �`.7 V+ cl_V `V A ►N 1 1188 o Registered 0 Return Receipt for Merchandise (� 1 ❑Insured Mail 0 Collect on Delivery 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number ; 7010 1060 0001 1571 1124 (Transfer from service label) PS Form 3811,July 2013 Domestic Return Receipt UNITED STAT `{tEt'3geYL- I L t+ ' NY 117 `*w'w+ ^ " t{mm.ai..�.• fi+ "w„yam S��^$cM. d '? l �UJL. ''EL �� r Npaifi t,. �,„6 r �y • Sender: Please print your name, address, and ZIP+4®in this box ��Oy�1Ff0(� OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD ELIZABETH A.NEVE J F,TOWN CLERK +S* baa PO.BOX 1179 SOUTHOLD,NEW YORK 11971 • ELIZABETH A.NEVILLE,MMC *®d ®may Town Hall,53095 Main Road TOWN CLERK ® d P.O.Box 1179 t 2E Southold,New York 11971 Prr REGISTRAR OF VITAL STATISTICS "V" �� Fax(631)765-6145 MARRIAGE OFFICER �� ` ®1���� Telephone(6311765-1800 RECORDS MANAGEMENT OFFICER ®j ,d www.southoIRE'C J3MgED FREEDOM OF INFORMATION OFFICER ,, ,,,,•g AUG 7 2015 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 28, 2015 Southold Town Clerk PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARING on the proposed Local Law listed below at the Southold Town Hall, 53095 Main Road, Southold,New York, on the l 1 th day of August, 2015 at 7:32 p.m. A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. 1 , Elizabeth A. Neville Town Clerk 1,L. ., Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton - Southold Town Planning Board - Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Sou .;-dld Town Buildin: Department 411-1 Date: 7/3, / l� f /< S•/ Signature, Received .y fmtatoi.fAalvAl Title: 6v1.? 714*`-‘43"-C . Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK, ELIZABETH A.NEVILLE,MMC 004:o® �, Town Hall,53095 Main Road TOWN CLERK4. P.O.Box 1179 e9� ; Southold,New York 11971 REGISTRAR OF VITAL STATISTICS „ ��� Fax(631)765-6145 �� MARRIAGE OFFICER �w� �.1� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER - �� °�1,11 www,southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 28, 2015 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARING on the proposed Local Law listed below at the Southold Town Hall, 53095 Main Road, Southold,New York,on the 1 lth day of August,2015 at 7:32 p.m. A Local Law in relation to Amendments to Chapter 280,Zoning, in connection with Transient Rental Properties Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm receipt of this notice. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold To n Building Department / ,[, �Date: /2(5 ( s ig .ture, Recei ee By V 1-0 Title: ea..e print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A.NEVILLE,MMC f4® Y.B®ems Town Hall,53095 Main Road TOWN CLERK ' '..'. ?` . PO.Box 1179 Lie Southold,New York 11971 REGISTRAR OF VITAL STATISTICS { 0 Fax(63I)765-6145 MARRIAGE OFFICER ��' .�� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ®� 1.' www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER „ ,,” • OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 28, 2015 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARING on the proposed Local Law listed below at the Southold Town Hall, 53095 Main Road, Southold,New York, on the 11`h day of August, 2015 at 7:32 p.m. A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm receipt of this notice. Thank you. ajeaf4622244'e219 Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Se• old Town : .rd of Appeals Sou . •ld Town Building Department r /4A10 Date: r Signature, Received By 6-CCe..i..e. ` 1/1/, •-/Letkx_ Title: /7 /&�( Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK a / 1 _ o4 ' nn o „6.1,LL 1014. ELIZABETH A.NEVILLE,MMC ����® Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 k CM/ Southold,New York 11971 REGISTRAR OF VITAL STATISTICS �� Fax(631)765-6145 MARRIAGE OFFICER \ * '`` ®�'�le Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ".7®.1 4►°; www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER �,,,,,,•� OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 28,2015 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARING on the proposed Local Law listed below at the Southold Town Hall, 53095 Main Road, Southold,New York, on the 11 th day of August, 2015 at 7:32 p.m. A Local Law in relation to Amendments to Chapter 280,Zoning, in connection with Transient Rental Properties Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm receipt of this notice. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department Da e: I Z' i Si ature, Received By JiG li!L� /(-1/ Title: beg4 ra2-0 Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A.NEVILLE,MMC Z .a,. "r. Town Hall,53095 Main Road TOWN CLERK 1P.0 Box H79 Southold,New York 1197] REGISTRAR OF VITAL STATISTICS � vvAP.� Fax(63])765-6145 MARRIAGE OFFICER * N° Telephone(631)765-]800 RECORDS MANAGEMENT OFFICERRet � www,southoldtownny.gov FREEDOM OF INFORMATION OFFICER ' txzrx OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 28,2015 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARING on the proposed Local Law listed below at the Southold Town Hall, 53095 Main Road, Southold,New York, on the 11th day of August,2015 at 7:32 p.m. A Local Law in relation to Amendments to.Cha ter 280 Lonint in connection with Transient Rental Properties Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm receipt of this notice. Thank you. Elizabeth A, Neville Town Clerk Attachments cc: Suffolk County Department of Planning, Lou,Island State 1'a k Commission_ Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department ( c' ' ' _. Date: I 2-.S_ . t ? _....._ Signature, Received By t�h � tc � �`� � 1� _� ... __._. Title: __CACV1( .11.1.1).�. ,:� Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOU'1'HOLD TOWN CLERK • ELIZABETH A. NEVILLE,MMC �o�® : .: �� Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 4 c i Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER ®�.1 Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER = �i� , ea•' www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 28, 2015 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARING on the proposed Local Law listed below at the Southold Town Hall, 53095 Main Road, Southold,New York, on the 11 th day of August, 2015 at 7:32 p.m. A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm receipt of this notice.-Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department 1/L' 7 Date: a� ,2 Signature, Received By r Ke\I t We_65±-z\r- Title: / 50 Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A.NEVILLE,MMC It' ®®' ' "_ ®4y Town Hall,53095 Main Road TOWN CLERK e ; P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER ?+#4 t /,• Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER : ®� •,4 www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER .i OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 28, 2015 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARING on the proposed Local Law listed below at the Southold Town Hall, 53095 Main Road, Southold,New York, on the 11th day of August, 2015 at 7:32 p.m. A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm receipt of this notice. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department Date: 7/1-9A- 2ature, Recev. y C/ CA, �O-�e'r 7"( Title: f' f✓ �'�dd Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ''"U S Postal S`ervi eTM CER'iFIEDMAILTM.RECEIPT,. m N ,(Qoestic Mail Only,'No Insurance Coverage Provided) ra 1 For delivery information visit our website at www:usgs.come • Tel) FF _ C _ &t II.nT7 ra N r rig Ln Postage $ �\ Certified Fee /.... (�(���� '\1 p Return Receipt Fee Q `��rCsttnark O (Endorsement Required) N J Here Restricted DeliveryFee s (Endorsement Required) yyaF:,ii s`V CI v+ ci Total Postage&Fees $ ( `/3 r4 Co �j t o t..1. ie. rax tt C m,c+n„ !]M.4!5-17 q 1� 'Pk r., Street,Apt No; or PO Box No. Q 3.QK a city State,ZIP- IBJ,q o N y 11'10 I11 I COMPLETE THIS SECTION 'Ai' • •` •` ' ti Complete items 1,2,and 3.Also complete A_Sigcature item 4 if Restricted Delivery is desired. (--- •0 Agent • Print your name and address on the reverse X �J�°'V 0 Addressee so that we can return the card to you. - B. Receive (Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece,: ,` , . �3 or on the front if space permits. _•- - r D;Is delivery address different from item 1? 0 Yes 1. Article Addressed to• -_"y- If YES,enter delivery address below: 0 No L� , 510.' 2 a:At COMON135.191 ti, , 1-1:11.42-1-1:11.42- cYt�--�Q� n ori 4- cir t. .0. 30k. 41 3. Service Type JSOC-�aby`0 n MY 1110 Zeisle Mail® 0 Priorityetun Mail Ex • Registered❑ ❑Return Receipt for Merchandise 0 Insured Mail 0 Collect on Delivery 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7 010 1060 0001 15 71 1117 (Transfer from service label) PS Form 3811,July 2013 Domestio Return Receipt UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 ® Sender: Please print your name, address, and ZIP+4®in this box® e -4---- OFFICE OF THE TOWN CLERK ,F TOWN OF SOUTHOLD a a ELIZABETH A.NEVII I.F,TOWN CLERK \`0„44ti P O.BOX 1179 \-710i O./ SOUTHOLD,NEW YORK 11971 1111111thiiillllaillifilll1'1111111111111P1111114111111ll 11 • ELIZABETH A.NEVILLE,MMC ,� $' ®Gy Town Hall,53095 Main Road TOWN CLERK a ; P.O.Box 1179 •=i Southold,Southold,New York 11971 REGISTRAR OF VITAL STATISTICS 4 Fax(631)765-6145 MARRIAGE OFFICER = 4 ® ����� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER = ®j � J� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 28, 2015 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARING on the .proposed Local Law listed below at the Southold Town Hall, 53095 Main Road, Southold,New York, on the 11`h day of August, 2015 at 7:32 p.m. to Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. tet, Elizabeth A Neville -_ - : _ •Town`Clerk-'�-- Attachments , cc: Suffolk County Department of Planning - Long Island State Park Commission Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department • Date: St- 3-- Signature, Signature, Received By e %i / GT-DT la n/ Title: L ovkd 1146-1- 0Y-��ie1/itiere_., Please_print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN-CLEIHC'c' 07/28/2015 10:52 6317493436 S I TOWN CLERK PAGE 01 ELIZABETH A.NEVILLE,MMCiie'��� Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 3 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ;a « Fax(631)765-6145 MARRIAGE OFFICER #4, el* •4 Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER � * `}► ,•" www.,youtholdtownny.gov FREEDOM OF INFORMATION OFFICER ,,,,, o OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 28, 2015 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC REARING ion the proposed Local Law listed below at the Southold Town Hall, 53095 Main Road, Southold,New York,orj the 11th day of August, 2015 at 7:32 p,m. A Local Law in relation to Amendments to Chanter 280L,Zonine, in connection with Transient Rental Properties Please sign the bottom of this letter and email or fax it buck to me at your earliest convenience to cionfrm receipt of this notice. Thank you. e/44144°: Elizabeth A. Neville Town Clerk Attachments cc: Su Suffolk County Department of Planning Long Island State Park Commission„_ Email: Village of Greenport Town of Shelter Island _ Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department �r _ I A batt;: /rot 13-'74 Signature, Recei d By s�, C __ __ Title: ( +, C(.poU.. Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK RECEIVED JUL 282015 Southold Town Clerk 07/29/2015 13:28 6312835606 SOUTHAMPTON TOWN CLK PAGE ' 01/01 �0 Town Hall,53095 Main road ' Q, *: ELIZABETH A.NE'V�ILLE,IVIIVIC ����'� "�. �' . . �` P.O.Box a 179 TOWN CLERK Southold,New York 11971 REGISTRAR OF VITAL STATISTICS tor, ��� Fax(631)765-6145 MARRIAGE OFFICEOFFICER 4 .� : •g%V`'�+ Telephone(631)765-1800 RECORDS MANAGEMENT .'' www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF'TIIE TOWN CLERK TOWN OF SOUTHOLD July 28,2015 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLICHEARING ew a n the proposed Local Law listed below at the Southold Town Hall, 53095 Main Road, Southold, n the 11th day of August, 2015 at 7:32 p.m. A Local Law in relation to Amendments to Cha ter 280 Zonarc l in connection with Trans'ent Rental Pro erties Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm receipt of this notice. Thank you. al2"41447;144 Elizabeth A. Neville • Town Clerk Attachments cc: Suffolk County Department of Plannint Lony_ Island State Park Commission Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department • 4,3 f Date: 71-4L Signature,Received By 'b S,cp.,, Title: '1\7-R\taw-. Please print name a 0 -0 DUPLICATE TO BE SIGNED AND RETURNED TOP:--4, I '"9. RECEIVED SOUTHOLD TOWN CLERK , niR, CO I JUL 29 2015 '�. it Southold Town Clerk 0, el 000 ELIZABETH A.NEVILLE,MMC ��• .�®� Town Hall,53095 Main Road TOWN CLERK ; P.O Box 1179 z Southold,New Yoak 11971 REGISTRAR OF VITAL STATISTICS Wit Fax(631)765-6145 MARRIAGE OFFICER '' . '�®�i,•' Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ®� .,d www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER - ,,,, � OFFICE OF THE T II WN CLERK TOWN OF SOUTHOLD July 28, 2015 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARING on the proposed Local Law listed below at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 11`x' day of August, 2015 at 7:32 p.m. A Local Law in relation to Amendments to Chapter 280,Zoning, in connection with Transient Rental Properties Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm receipt of this notice. Thank you. • Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department /1"" / Date: 7/2 GIS SignatC&r, Received By l /'s Z°' Ct71TtI Title:SS(-) Far Cler k Ty/074 Please print name -/ DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK N� " +{ ����1•�t<I' � ELIZABETH A.NEVILLE,MMC ,� � Town Hall,53095 Main Road TOWN CLERK �' ` ',s P.O.Box 1179 1, c r' Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ; Fax(631)765-6145 MARRIAGE OFFICER _n"r, • - ' ��0 Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER _ �.� flit `+ www,southoldtownny.gov FREEDOM OF INFORMATION OFFICER - •44 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 28, 2015 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARING on the proposed Local Law listed below at the Southold Town Hall, 53095 Main Road, Southold,New York, on the I l th day of August, 2015 at 7:32 p.m. A Local Law in relation to Amendments to Chapter 280,Zoning, in connection with Transient Rental Properties Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm receipt of this notice. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department Date: - (c..Q'53 Signature, Received By _V 76-11+— Title: NF91 Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK MAILING ADDRESS: PLANNING BOARD MEMBERS ��®F SOii , P.O.Box 1179 DONALD J.WILCENSKI ��,`O l® ; Southold,NY 11971 ,'� Chair ; , OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY O� 1 54375 State Route 25 JAMES H.RICH III ��, n ��,, (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR C®UIV►1,���•�� Southold,NY ,S ... , Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM RECEWED To: Elizabeth A. Neville,Town Clerk AUG 1 0 2015 From: Donald J. Wilcenski, Chairman ONSouthold Town Clerk Members of Planning Board Date: August 6, 2015 Re: Planning Board Comments on a Local Law entitled, "A Local Law in relation to Amendments to Chapter 280,Zoning, in connection with Transient Rental Properties" The Planning Board supports the legislation based on the following: 1. The minimum rental term limit of fourteen nights will further protect the quality of life of residents of adjacent properties by eliminating high turn- over of occupants of rental properties. The protection of the quality of life of residents is a Town goal. It is our understanding that current Town Code sections will address adverse impacts (noise and parking) or violations (over-occupancy, no Certificate of Occupancy) on a case by case basis as problems arise. cc: Scott Russell,Town Supervisor Town Board Members Assistant Town Attorney % , RECEIVED kti WI7 fib rj iv X71;;- 72015 Steven Bellone Southold Town Clerk SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Deputy County Executive and Commissioner Division of Planning and Environment July 31,2015 Town of Southold 53095 Main Road P.O. Box 1179 Southold,NY 11971 Attn: Elizabeth Neville Applicant: Town of Southold Zoning Action: Local Law No. of 2015 Amendments to Chapter 280 Zoning In connection with Transient Rental Properties S.C.P.D.File No.: SD-15-LD Dear Ms.Neville: Pursuant to the requirements of Sections A 14-14 to A 14-25 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 as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Sarah Lansdale Director of Planning 4864) e Andrew P.Freleng Chief Planner APF/cd LEE DENNISON BLDG • 100 VETERANS MEMORIAL HWY,4th Fl ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■(631)853-5191 P ,,,, ri., RECEIVED tat "V t le JUL 3 0 2015 , Steven Bellone Southold Town Clerk SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Deputy County Executive and Commissioner Division of Planning and Environment July 27,2015 Town of Southold 53095 Main Road P.O.Box 1179 Southold,NY 11971 Attn: Elizabeth A.Neville Applicant: Town of Southold Zoning Action: Adopted Resolution 2015-661 &662 Amendments to Chapter 280 Transient Rental Properties SCTM No.: N/A S.C.P.D.File No.: SD-15-LD Dear Ms.Neville: Pursuant to the requirements of Sections A 14-14 to A 14-25 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 as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Sarah Lansdale Director of Planning iCoppopp- ' drew P.Fr;'i g Chief Planner APF/cd LEE DENNISON BLDG ■100 VETERANS MEMORIAL HWY,4th Fl ■ P.O.BOX 6100■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 SUMMARY OF LL/AMENDMENTS TO CHAPTER 280 TRANSIENT RENTAL PROPERTIES THE PROPOSED LOCAL LAW THAT IS THE SUBJECT OF THIS EVENING'S PUBLIC HEARING AMENDS CHAPTER 280 ENTITLED "ZONING" TO ADDRESS TRANSIENT RENTAL PROPERTIES IN THE TOWN OF SOUTHOLD. SECTION 280-4 WAS AMENDED TO DEFINE A TRANSIENT RENTAL PROPERTY AND SECTION 280-111 WAS AMENDED TO PROVIDE THAT TRANSIENT RENTAL PROPERTIES ARE PROHIBITED IN ALL ZONING DISTRICTS. SECTION 280-155(B) WAS AMENDED TO INCLUDE TRANSIENT RENTAL VIOLATIONS IN THE ENHANCED PENALTY PROVISION OF CHAPTER 280. THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE AND ON THE TOWN'S WEBSITE. r / SUMMARY OF LL/AMENDMENTS TO CHAPTER 280 TRANSIENT RENTAL PROPERTIES THE PROPOSED LOCAL LAW THAT IS THE SUBJECT OF THIS EVENING'S PUBLIC HEARING AMENDS CHAPTER 280 ENTITLED "ZONING" TO ADDRESS TRANSIENT RENTAL PROPERTIES IN THE TOWN OF SOUTHOLD. SECTION 280-4 WAS AMENDED TO DEFINE A TRANSIENT RENTAL PROPERTY AND SECTION 280-111 WAS AMENDED TO PROVIDE THAT TRANSIENT RENTAL PROPERTIES ARE PROHIBITED IN ALL ZONING DISTRICTS. SECTION 280-155(B) WAS AMENDED TO INCLUDE TRANSIENT RENTAL VIOLATIONS IN THE ENHANCED PENALTY PROVISION OF CHAPTER 280. . THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE AND ON THE TOWN'S WEBSITE. Rudder, Lynda From: Cerria Torres <ctorres@timesreview.com> Sent: Tuesday,July 28, 2015 10:56 AM To: Rudder, Lynda Subject: Re: PH rentals Attachments: image001.png No worries! I realize it was a one off!Just was trying to make it work for all. Glad in the end we swapped back to a legal! rLs REVIEW MEDIA GROUP • Cerria Orientate Torres Display Ad Coordinator 631.354.8011 (D) ctorres@timesreview corn legals@timesreview.com www.timesreview.com From:<Rudder>, Lynda Rudder<lynda.rudder@town.southold.ny.us> Date:Tuesday,July 28, 2015 10:55 AM To:Times Review<CTORRES@TIMESREVIEW.COM>, "Kiely, Stephen" <stephen.kiely@town.sout hold.ny.us> Subject: RE: PH rentals Thank you. This is not something I am likely to make happen again. Thank you again for all your help. From: Cerria Torres [mailto:ctorres@timesreview.com] Sent: Tuesday, July 28, 2015 10:51 AM To: Rudder, Lynda; Kiely, Stephen Subject: Re: PH rentals Hi Lynda and Stephen, I am going to get this in as a legal after all. I just had a lengthy discussion with our production manager. He made the call to delay press on the legal pages. Please keep in mind this is not something we will likely make happen again. We wanted to make it work for you, and as well our art department.They were going to be spending a ton of time formatting the full page ad. Call me if you have any questions Thanks TIMES ' REVIEW MEDIA GROUP Cerria Orientale Torres Display Ad Coordinator ? 631.354.8011 (D) ctorres@timesreview.com legals@timesreview.com www.timesreview.com i 1 ' From:<Rudder>, Lynda Rudder<lynda.rudder@town.southold.ny.us> Date:Tuesday,July 28, 2015 10:14 AM To:Times Review<CTORRES@TIMESREVIEW.COM> Subject: PH rentals Please call me 765-1800 ext 210 41,1th Rdzi&e,p Lynda M Rudder Deputy Town Clerk Principal Account Clerk Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold,NY 11971 ;' 631/765-1800 ext 210 631/765-6145 2 Rudder, Lynda From: Rudder, Lynda Sent: Tuesday,July 28, 2015 11:37 AM To: oneill@townofriverheadny.gov Subject: FW:Transient Rental Public Hearing Attachments: rentals ph_20150728100916.pdf Original Message From: Rudder, Lynda Sent:Tuesday,July 28, 2015 11:18 AM To: Bunch, Connie;Cantrell, Elizabeth; Glew, Claire; Kalin, Carol; Lanza, Heather; Michaelis,Jessica; Neville, Elizabeth; Nunemaker,Amanda; Riverhead Twon Clerk; Shelter Island Clerk;Southampton Town clerk; Sylvia Pirillo;Toth, Vicki; Verity, Mike; Webster, Kevin Subject:Transient Rental Public Hearing Your message is ready to be sent with the following file or link attachments: rentals ph_20150728100916.pdf Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. • • 1 Rudder, Lynda From: Rudder, Lynda Sent: Tuesday,July 28, 2015 11:18 AM To: Bunch, Connie; Cantrell, Elizabeth; Glew, Claire; Kalin, Carol; Lanza, Heather; Michaelis, Jessica; Neville, Elizabeth; Nunemaker, Amanda; Riverhead Twon Clerk; Shelter Island Clerk; Southampton Town clerk; Sylvia Pirillo;Toth, Vicki; Verity, Mike; Webster, Kevin Subject: Transient Rental Public Hearing Attachments: rentals ph_20150728100916.pdf Your message is ready to be sent with the following file or link attachments: rentals ph_20150728100916.pdf Note:To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. 2 Steven Bellone SUFFOLK COUNTY EXECUTIVE --- D-epartment_of Economic Development and Planning Joanne Minieri Deputy County Executive and Commissioner Division of Planning and Environment July 27,2015 RECEIVED Town of Southold 53095 Main Road P.O. Box 1179 AUG 5 2015 Southold,NY 11971 Attn: Elizabeth A.Neville Southold Town Clerk Applicant: Town of Southold Zoning Action: Adopted Resolution 2015-661 &662 Amendments to Chapter 280 Transient Rental Properties SCTM No.: N/A S.C.P.D.File No.: SD-15-LD Dear Ms.Neville: Pursuant to the requirements of Sections A 14-14 to A 14-25 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 as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, - Sarah Lansdale Director of Planning • drew P.Fr=' g Chief Planner APF/cd LEE DENNISON BLDG•100 VETERANS MEMORIAL HWY,4th Fl•P.O.BOX 6100■HAUPPAUGE,NY 11788-0099■(631)853-5191 Neville, Elizabeth From: Neville, Elizabeth Sent: Monday,July 20, 2015 4:03 PM To: Doherty,Jill; Duffy, Bill; Ghosio, Bob;James Dinizio; Kiely, Stephen; Krauza, Lynne; Lauren Standish; Louisa Evans; Neville, Elizabeth; Phillip Beltz; Rudder, Lynda (lynda.rudder@town.southold.ny.us); Russell, Scott;Tomaszewski, Michelle;William Ruland Cc: Lanza, Heather Subject: Emailing: Referral LL PH Re_20150717184711 Attachments: Referral LL PH Re_20150717184711.pdf FYI Elizabeth A. Neville, MMC Southold Town Clerk PO Box 1179 Southold, NY 11971 Tel. 631765-1800, Ext. 228 Fax 631765-6145 Cell 631466-6064 Your message is ready to be sent with the following file or link attachments: Referral LL PH Re_20150717184711 Note:To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. 1 ELIZABETH A.NEVILLE,MMC �� �® �� Town Hall,53095 Main Road `-;._ P O.Box 1179 ,TOWN CLERKt ® z� .P n. , Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ; r , ?� $ Fax(631)765-6145 MARRIAGE OFFICER 4.41, „Op/ Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER _ � ai www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER „�,.•� OFFICE OF THE TOWN CLE K TOWN OF SOUTHOLD July 17,2015 Re: Resolution Numbers 2015-661&662 "A Local Law in Relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties". Donald Wilcenski,Chairman Southold Town Planning Board Southold Town Hall 53095 Main Road Post Office Box 1179 Southold, New York 11971 Dear Mr.Wilcenski: The Southold Town Board at their regular meeting held on July 14,2015 adopted the resolutions referenced above. Certified copies are enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law is also being sent to the Suffolk County Department of Planning for their review. The date and time for this public hearing is 7:32PM,Tuesday,August 11,2015. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, . Elizleth A. Neville Southold Town Clerk Enclosure cc:Town Board Town Attorney „c,-g•�_ ELIZABETH A.IV)N VILL ,1V MMC �00.® , �# Town Hall,53095 Main Road TOWN CLERK = w i P.O.Box 1179 - . �. ; Southold,Ncw York 11971 REGISTRAR OF VITAL STATISTICS Ttf Waif 4e�0 Fax(631)765-6145 MARRIAGE OFFICER �� 4 ,®� �� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER - ®I �,II#1i wwwsoutholdtownny.gov FREEDOM OF INFORMATION OFFICER ,,,•/ • OFFICE OF THE TOWN CLE K TOWN OF SOUTHOLD July 17, 2015 Re: Resolution Numbers 2015-661&662 "A Local Law in Relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties". Andrew P. Freeling,Chief Planner Suffolk County Department of Planning Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Freeling: The Southold Town Board at their regular meeting held on July 14,2015 adopted the resolutions referenced above. Certified copies are enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law is also being sent to the Southold Town Planning Board for their review. The date and time for this public hearing is 7:32PM,Tuesday,August 11,2015. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, Eliza th A. Neville Southold Town Clerk Enclosure cc:Town Board Town Attorney po°`°"°" RESOLUTION 2015-661 tk 5'0 � � ADOPTED DOC ID: 11035 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-661 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 14,2015: WIHIEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 14°i day of July, 2015, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties." RESOLVED 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, on the 11th day of August,2015 at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled; "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties"reads as follows: LOCAL LAW NO. 2015 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board of the Town of Southold has determined that with the advent of internet based "For Rent by Owner" services,there has been a dramatic increase in residential homes being rented for short periods of time. The Town Board finds that such transient rentals threaten the residential character and quality of life of neighborhoods in which they occur. Additionally, the Town Board has determined that a short-term rental, as being potentially more lucrative, will necessarily decrease the inventory of available long-term affordable rentals. Therefore, the Town Board in order to protect the health, safety and welfare of the community requires the regulation of these transient rental properties. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. TRANSIENT RENTAL PROPERTY Resolution 2015-661 Board Meeting of July 14, 7015 A dwelling unit which is occupied for habitation as a residence by persons, other than the owner or a family member of the owner, and for which rent is received by the owner, directly or indirectly, in exchange for such residential occupation for a period of less than fourteen (14) nights. For the purposes of this Chapter, the term Transient Rental Property shall mean all non- owner occupied, single-family residences, two-family residences, and townhouses rented for a period of less than fourteen (14) nights and shall not include: 1. Any legally operating commercial hotel/motel business or bed and breakfast establishment operating exclusively and catering to transient clientele; that is, customers who customarily reside at these establishments for short durations for the purpose of vacationing, travel, business, recreational activities, conventions, emergencies and other activities that are customary to a commercial hotel/motel business. 2. A dwelling unit located on Fishers Island, due to the unique characteristics of the island, including the lack of formal lodging for visitors. The presence of the following shall create a presumption that a dwelling unit is being used as a transient rental property: 1. The dwelling unit is offered for lease on a short-term rental website, including Airbnb. Home Away, VRBO and the like; or 2. The dwelling unit is offered for lease in any medium for a period of less than fourteen (14) nights. The foregoing presumption may be rebutted by evidence presented to the Code Enforcement Officer for the Town of Southold that the dwelling unit is not a transient rental property. §280-111. Prohibited uses in all districts. A. Any use which is noxious, offensive or objectionable by reason of the emission of smoke, dust, gas, odor or other form of air pollution or by reason of the deposit, discharge or dispersal of liquid or solid wastes in any form in such manner or amount as to cause permanent damage to the soil and streams or to adversely affect the surrounding area or by reason of the creation of noise, vibration, electromagnetic or other disturbance or by reason of illumination by artificial light or light reflection beyond the limits of the lot on or from which such light or light reflection emanates; or which involves any dangerous fire, explosive, radioactive or other hazard; or which causes injury, annoyance or disturbance to any of the surrounding properties or to their owners and occupants; and any other process or use which is unwholesome and noisome and may be dangerous or prejudicial to health, safety or general welfare, except where such activity is licensed or regulated by other governmental agencies. B. Artificial lighting facilities of any kind which create glare beyond lot lines. C. Uses involving primary production of the following products from raw materials: charcoal and fuel briquettes; chemicals; aniline dyes; carbide; caustic soda; cellulose; Updated 7/14/2015 3:07 PM by Lynda Ruddei Page 2 r , 1 ' i Resolution 2015-661 Board Meeting of July 14, 2015 chlorine; carbon black and bone black; creosote; hydrogen and oxygen; industrial alcohol; nitrates of an explosive nature; potash; plastic materials and synthetic resins; pyroxylin; rayon yarn; hydrochloric, nitric, phosphoric,picric and sulfuric acids; coal, coke and tar products, including gas manufacturing; explosives; gelatin, glue and size (animal); linoleum and oil cloth; matches; paint, varnishes and turpentine; rubber(natural or synthetic); soaps, including fat rendering; starch. D. The following processes: (1) Nitrating of cotton or of other materials. (2) Milling or processing of flour. (3) Magnesium foundry. (4) Reduction,refining, smelting and alloying metal or metal ores. (5) Refining secondary aluminum. (6) Refining petroleum products, such as gasolines,kerosene, naphtha and lubricating oil. (7) Distillation of wood or bones. (8) Reduction and processing of wood pulp and fiber, including paper mill operations. E. Operations involving stockyards, slaughterhouses and slag piles. F. Storage of explosives. G. Quarries. H. Storage of petroleum products.Notwithstanding any other provisions of this chapter, storage facilities with a total combined capacity of more than 20,000 gallons, including all tanks, pipelines, buildings, structures and accessory equipment designed,used or intended to be used for the storage of gasoline, fuel oil,kerosene, asphalt or other petroleum products, shall not be located within 1,000 feet of tidal waters or tidal wetlands. I. Encumbrances to public roads. (1) No person shall intentionally discharge or cause to be discharged any water of any kind onto a public highway, roadway,right-of-way or sidewalk causing a public nuisance, hazardous condition, or resulting in flooding or pooling in or around the public area, including neighboring properties. (2) No person shall place or cause to be placed obstructions of any kind, except the lawful parking of registered vehicles, upon a public highway,roadway,right-of- way way or sidewalk that unreasonably interferes with the public's use of the public highway, roadway, right-of-way or sidewalk. J. Transient Rental Properties. §280-155. Penalties for offenses. Updated 7/14/2015 3:07 PM by Lynda Rudder Page 3 Resolution 2015-661 Board Meeting of July 14, 2015 A. For each offense against any of the provisions of this chapter or any regulations made pursuant thereto or for failure to comply with a written notice or order of any Building Inspector within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor, or their agents, or any other person who commits, takes part or assists in the commission of any such offense or any person, including an owner, contractor, agent or other person who fails to comply with a written order or notice of any Building Inspector or Zoning Inspector shall, upon a first conviction thereof, be guilty of a violation,punishable by a fine not exceeding$5,000 or by imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within 18 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding$10,000 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment. B. Notwithstanding the foregoing, any violation of§§280-13A(6), 280-13B(13), 280-13D, and 280-111(j) are hereby declared to be offenses punishable by a fine not less than $1,500 nor more than $8,000 or imprisonment for a period not to exceed six months, or both, for a conviction of a first offense; for convictions of a second or subsequent offense within 18 months, a fine not less than$3,000 nor more than$15,000 or imprisonment not to exceed a period of six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers in general,violations of this chapter shall be deemed misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors shall apply. Each day's continued violations shall constitute a separate additional violation. Additionally, in lieu of imposing the fine authorized in this section, in accordance with Penal Law §80.05(5),the court may sentence the defendant(s) to pay an amount, fixed by the court, not exceeding double the amount of the rent collected over the term of the occupancy. TTI. SEVERABILITY If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid,the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect sixty (60) days after its filing with the Secretary of State as provided by law. -12 .x . Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Louisa P. Evans, Justice AYES: Ghosio, Dinizio Jr,Ruland, Doherty, Evans, Russell Updated: 7/14/2015 3 07 PM by Lynda Rudder Page 4 RESOLUTION 2015-662 01 ¢* ADOPTED DOC ID: 11036 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-662 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 14,2015: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties,"to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. aja1,446? ..e.;6111, Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Scott A. Russell SECONDER:Robert Ghosio, Councilman AYES: Ghosio, Dinizio Jr,Ruland, Doherty, Evans, Russell ,iii„„ OFFOLir ELIZABETH A.NEVILLE,MMC ry. s ' y Town Hall,53095 Main Road TOWN CLERKi 'v` L� P.O.Box 1179 ceA � ; Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ,°" K� � . Fax(631)765-6145 MARRIAGE OFFICER Si *./2°,01# www.southoldtownny.gov Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ®� ' ,0' www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER •_i, OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 17, 2015 Re: Resolution Numbers 2015-661&662 "A Local Law in Relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties". Donald Wilcenski,Chairman Southold Town Planning Board Southold Town Hall 53095 Main Road Post Office Box 1179 Southold, New York 11971 Dear Mr.Wilcenski: The Southold Town Board at their regular meeting held on July 14,2015 adopted the resolutions referenced above. Certified copies are enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law is also being sent to the Suffolk County Department of Planning for their review. The date and time for this public hearing is 7:32PM,Tuesday,August 11,2015.. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours,�r . lam. Elizibleth A. Neville Southold Town Clerk Enclosure cc:Town Board Town Attorney 00 Of FOLAP ELIZABETH A.NEVILLE,MMC w � Town Hall,53095 Main Road TOWN CLERK �� ® _ a ; = PO.Box 1179 z �' ,� Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ; ° , �, Fax(631)765-6145 MARRIAGE OFFICER _�� +++ Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER • + ,+ www southoldtownny gov FREEDOM OF INFORMATION OFFICER „,,,,,, OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 17, 2015 Re: Resolution Numbers 2015-661&662 "A Local Law in Relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties". Andrew P. Freeling, Chief Planner Suffolk County Department of Planning Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Freeling: The Southold Town Board at their regular meeting held on July 14, 2015 adopted the resolutions referenced above. Certified copies are enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law is also being sent to the Southold Town Planning Board for their review. The date and time for this public hearing is 7:32PM,Tuesday,August 11,2015. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, - / ne.A;d2L Eliza�th A. Neville Southold Town Clerk Enclosure cc:Town Board Town Attorney `°"° °�, RESOLUTION 2015-661 ` ADOPTED DOC ID: 11035 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-661 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 14,2015: WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 14th day of July, 2015, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties." RESOLVED 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, on the 11`h day of August,2015 at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties" reads as follows: LOCAL LAW NO. 2015 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board of the Town of Southold has determined that with the advent of internet based "For Rent by Owner" services, there has been a dramatic increase in residential homes being rented for short periods of time. The Town Board finds that such transient rentals threaten the residential character and quality of life of neighborhoods in which they occur. Additionally, the Town Board has determined that a short-term rental, as being potentially more lucrative-, will necessarily decrease the inventory of available long-term affordable rentals. Therefore, the Town Board in order to protect the health, safety and welfare of the community requires the regulation of these transient rental properties. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. TRANSIENT RENTAL PROPERTY F � Resolution 2015-661 Board Meeting of July 14, 2015 A dwelling unit which is occupied for habitation as a residence by persons, other than the owner or a family member of the owner, and for which rent is received by the owner, directly or indirectly, in exchange for such residential occupation for a period of less than fourteen (14) nights. For the purposes of this Chapter, the term Transient Rental Property shall mean all non- owner occupied, single-family residences, two-family residences, and townhouses rented for a period of less than fourteen (14) nights and shall not include: 1. Any legally operating commercial hotel/motel business or bed and breakfast establishment operating exclusively and catering to transient clientele; that is, customers who customarily reside at these establishments for short durations for the purpose of vacationing, travel, business, recreational activities, conventions, emergencies and other activities that are customary to a commercial hotel/motel business. 2. A dwelling unit located on Fishers Island, due to the unique characteristics of the Island, including the lack of formal lodging for visitors. The presence of the following shall create a presumption that a dwelling unit is being used as a transient rental property: 1. The dwelling unit is offered for lease on a short-term rental website, including Airbnb, Home Away, VRBO and the like; or 2. The dwelling unit is offered for lease in any medium for a period of less than fourteen (14) nights. The foregoing presumption may be rebutted by evidence presented to the Code Enforcement Officer for the Town of Southold that the dwelling unit is not a transient rental property. §280-111. Prohibited uses in all districts. A. Any use which is noxious, offensive or objectionable by reason of the emission of smoke, dust, gas, odor or other form of air pollution or by reason of the deposit, discharge or dispersal of liquid or solid wastes in any form in such manner or amount as to cause permanent damage to the soil and streams or to adversely affect the surrounding area or by reason of the creation of noise, vibration, electromagnetic or other disturbance or by reason of illumination by artificial light or light reflection beyond the limits of the lot on or from which such light or light reflection emanates; or which involves any dangerous fire, explosive, radioactive or other hazard; or which causes injury, annoyance or disturbance to any of the surrounding properties or to their owners and occupants; and any other process or use which is unwholesome and noisome and may be dangerous or prejudicial to health, safety or general welfare, except where such activity is licensed or regulated by other governmental agencies. B. Artificial lighting facilities of any kind which create glare beyond lot lines. C. Uses involving primary production of the following products from raw materials: charcoal and fuel briquettes; chemicals; aniline dyes; carbide; caustic soda; cellulose; Updated: 7/14/2015 3:07 PM by Lynda Rudder Page 2 Resolution 2015-661 Board Meeting of July 14, 2015 chlorine; carbon black and bone black; creosote; hydrogen and oxygen; industrial alcohol; nitrates of an explosive nature; potash; plastic materials and synthetic resins; pyroxylin; rayon yarn; hydrochloric, nitric,phosphoric, picric and sulfuric acids; coal, coke and tar products, including gas manufacturing; explosives; gelatin, glue and size (animal); linoleum and oil cloth; matches; paint, varnishes and turpentine; rubber(natural or synthetic); soaps, including fat rendering; starch. D. The following processes: (1) Nitrating of cotton or of other materials. (2) Milling or processing of flour. (3) Magnesium foundry. (4) Reduction, refining, smelting and alloying metal or metal ores. (5) Refining secondary aluminum. (6) Refining petroleum products, such as gasolines, kerosene, naphtha and lubricating oil. (7) Distillation of wood or bones. (8) Reduction and processing of wood pulp and fiber, including paper mill operations. E. Operations involving stockyards, slaughterhouses and slag piles. F. Storage of explosives. G. Quarries. H. Storage of petroleum products.Notwithstanding any other provisions of this chapter, storage facilities with a total combined capacity of more than 20,000 gallons, including all tanks, pipelines, buildings, structures and accessory equipment designed, used or intended to be used for the storage of gasoline, fuel oil, kerosene, asphalt or other petroleum products, shall not be located within 1,000 feet of tidal waters or tidal wetlands. I. Encumbrances to public roads. (1) No person shall intentionally discharge or cause to be discharged any water of any kind onto a public highway, roadway, right-of-way or sidewalk causing a public nuisance, hazardous condition, or resulting in flooding or pooling in or around the public area, including neighboring properties. (2) No person shall place or cause to be placed obstructions of any kind, except the lawful parking of registered vehicles, upon a public highway, roadway, right-of- way or sidewalk that unreasonably interferes with the public's use of the public highway, roadway, right-of-way or sidewalk. J. Transient Rental Properties. §280-155. Penalties for offenses. Updated: 7/14/2015 3:07 PM by Lynda Rudder Page 3 Resolution 2015-661 Board Meeting of July 14, 2015 A. For each offense against any of the provisions of this chapter or any regulations made pursuant thereto or for failure to comply with a written notice or order of any Building Inspector within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor, or their agents, or any other person who commits, takes part or assists in the commission of any such offense or any person, including an owner, contractor, agent or other person who fails to comply with a written order or notice of any Building Inspector or Zoning Inspector shall, upon a first conviction thereof, be guilty of a violation,punishable by a fine not exceeding $5,000 or by imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within 18 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding $10,000 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment. B. Notwithstanding the foregoing, any violation of§§280-13A(6), 280-13B(13), 280-13D, and 280-111(j) are hereby declared to be offenses punishable by a fine not less than $1,500 nor more than $8,000 or imprisonment for a period not to exceed six months, or both, for a conviction of a first offense; for convictions of a second or subsequent offense within 18 months, a fine not less than $3,000 nor more than$15,000 or imprisonment not to exceed a period of six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers in general, violations of this chapter shall be deemed misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors shall apply. Each day's continued violations shall constitute a separate additional violation. Additionally, in lieu of imposing the fine authorized in this section, in accordance with Penal Law §80.05(5), the court may sentence the defendant(s) to pay an amount, fixed by the court, not exceeding double the amount of the rent collected over the term of the occupancy. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect sixty (60) days after its filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Louisa P. Evans, Justice AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Updated: 7/14/2015 3:07 PM by Lynda Rudder Page 4 4R--„,;\ RESOLUTION 2015-662 ADOPTED DOC ID: 11036 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-662 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 14,2015: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties,"to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. 64 Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Scott A. Russell SECONDER:Robert Ghosio, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell