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HomeMy WebLinkAboutTransient Rental Properties toe, "' -- MAILING ADDRESS: PLANNING BOARD MEMBERS ��0_w`AOF SO(/ P.O. Box 1179 DONALD J.WILCENSKI 11./ vv �l0 Southold,NY 11971 Chair � OFFICE,LOCATION: . WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTYra��1� 54375 State Route 25 JAMES H.RICH III C . ``�,�""g ire (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR �'oU1V 1►,� ��� Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Scott Russell, Supervisor Members of the Southold Town Board 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 otf"Transient Rental Properties" and regulations that will not adversely affect the environment. Cc: William Duffy, Town Attorney CUU �'��OF SOUPy- OFFICE LOCATION: •��� _ *� ®l - MAILING ADDRESS: Town Hall Annex �I '� ' P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. & Ave.)Youn ` Youngs G r @ �� Telephone: 631 765-1938 Southold, NY 11971 �� � *1/4 -144,10- �I .y�DUNTY,� ''' ease. 0 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Supervisor Scott Russell Town of Southold Town Board From: Mark Terry, Principal Planner LWRP Coordinator Date: June 1, 2015 Re: Local Waterfront Revitalization Coastal Consistency Review"A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties." The proposed local law has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided to this department as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the LWRP Policy Standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: William Duffy, Town Attorney iii � _ MAILING ADDRESS: PLANNING BOARD MEMBERS �'�_�``�o SOU�jy� - P.O. Box 1179 DONALD J.WILCENSKI ���,`®w `• Flo Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS gr-,,,9r Town Hall Annex N 4•.,- ° PIERCE RAFFERTY ° . ,' X` 54375 State Route 25 JAMES H.RICH III !, �� (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR `.. COUN, .��' Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Elizabeth A. Neville,Town Clerk From: Donald J. Wilcenski, Chairman 0,1 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 /�����' • MAILING ADDRESS: PLANNING BOARD MEMBERS � _o SOUP,: P.O.Box 1179 DONALD J.WILCENSHI ���,`O , " Ol® Southold,NY 11971 Chair Ag; OFFICE LOCATION: WILLIAM J.CREMERS ; G Town Hall Annex PIERCE RAFFERTY . 1<\ �O �1 54375 State Route 25 JAMES H.RICH III (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR ` I� �U{= Alt" Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Scott Russell, Supervisor Members of the Southold Town Board 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 { it slacFo(4+ 00 ELIZABETH A.NEVILLE,MMC .yp\' Town Hall,53095 Main Road TOWN CLERK ; P.O.Box 1179 H • Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ; p '4* �� Fax(631)765-6145 MARRIAGE OFFICER : *'� p�,'�� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER A.( www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER .,,,,,,,,,, OFFICE OF THE TOWN CLERK p E C E Q TOWN OF SOUTHOLD JUL 2 fl 2015 12 July 17, 2015 Southold Town Planning Board 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 fortheir 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, Ot6A.0.6171a. Elizilieth A. Neville Southold Town Clerk Enclosure cc:Town Board Town Attorney _y RESOLUTION 2015-661rk) es�� 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 14t'' 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 _r f 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 4. 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 e 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 ,.4? 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. a//']j 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 r , 4°"�':°› RESOLUTION 2015-662©s ,ztt.S 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. egiasav Qq..,..4`at,, 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