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HomeMy WebLinkAbout6953 • CZ4b r77 ,o,_s4- 600.0b Tb. ),D7 / • 471 953 7fe727&) sv- ‘ c2R1)-12 PO,Ocod0FosSirii-Y6 05C3- /x) )eEl-erraa 721 SEC' - 62,F0-/glab . Airr ZSEC • 124-51,511(.. Deviled b)(014, • • BOARD MEMBERS ii ii" S®(/j� Southold Town Hall Leslie Kanes Weisman,Chairperson 0°l/4.v o 53095 Main Road•P.O.Box 1179 t '� '`® 4 \ Southold,NY 11971-0959 Eric Dantes [ Office Location: Gerard P.GoehringerG Q I` Town Annex/First Floor,Capital One Bank George Horningmay® �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider '®dye'®U O;;,.•�� Southold,NY 11971 http://southoldtown.northfork.net "Ej' IVSD 39 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD JU 22 2016 Tel.(631)765-1809•Fax (631)765-9064eictQ. nag, outhold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 16, 2016 ZBA FILE: 6953 NAME OF APPLICANT: Lisa Cradit PROPERTY LOCATION: 560 Sound Road, a/k/a 24 Sound Road, Greenport NY SCTM: 1000-35-1-14 PROPERTY FACTS/DESCRIPTION: The applicant's property is an approximately .25 acre parcel located in the R-40 Zoning District. The property is improved with an existing single family dwelling BASIS OF APPLICTION: This is a request for an Interpretation of the Town Code, Section 280-121 (non-conforming use), appealing the Code Enforcement Officer's January 21, 2016, Notice of Violation and Order to Remedy, which indicated a violation of Southold Town Code §280-111(J). RELIEF REQUESTED: The applicant requests that the Zoning Board of Appeals ("ZBA") make a determination that the applicant's prior use of the subject real property for short term (less than 14 days) rental confers on the property a legal non-conforming use for short term rental, thereby making the provisions of Town Code §§280-4, 280-111(J) inapplicable to it for as long as the property is so used on a continuous basis. In addition, subsequent to the hearing held before the ZBA being closed on May 5, 2016, the applicant's attorney filed a written request on May 10, 2016 to reopen the hearing based upon purported violations of the applicant's due process rights at the hearing. ADDITIONAL INFORMATION: A review of the Certificates of Occupancy reveals that the property has been improved with a one family dwelling since prior to 1957. While there are approvals for the addition of a second story bathroom and a deck, there is no indication from the Certificate of Occupancy or any document submitted by the applicant that, during the time period relevant to this application, the property was ever used for or permitted to be used for any other purpose other than that permitted in the R-40 Zoning District, specifically, a one family dwelling. Page 2,June 16,2016 #6953, Cradit SCTM No. 1000-35-1-14 FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on May 5, 2016, at which time written and oral evidence were presented. Based upon all the testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the ZBA finds the following facts to be true and relevant and makes the following findings: In addition to submitting written documentation, at the public hearing the applicant stated, inter alia, the following: 1. The applicant testified that she has rented the house on the property since 2014. 2. The applicant further testified that she rented the whole house, including the basement, which has a bed in it. 3. In addition, the applicant testified that ninety nine percent of those rentals were for seven nights or less with the majority of that being weekend interest only. The term non-conforming use is defined in §280-4 of the Southold Town Code as "[a] use, whether of a building, sign or tract of land, or combination of these, legally existing on the effective date of this chapter, which does not conform to the present use regulations of the district in which it is located but which is continuously maintained after the effective date of these regulations" [emphasis added]. Southold Town Code §280-121 provides, in relevant part, that"nonconforming use of buildings or open land existing on the effective date of this chapter or authorized by a building permit issued prior thereto, regardless of change of title, possession or occupancy or right thereof, may be continued indefinitely". Therefore, in order to establish a legal non-conforming use, the threshold fact that an applicant must prove to the Zoning Board of Appeals is that the use at issue was legal from a time prior to the enactment of the zoning ordinance from which relief is sought. Accordingly, we turn to the provisions of the Town Code of the Town of Southold which set forth the permitted uses in the R-40 Zoning District. Town Code §280-17(A)(1), which was in effect at all times since 2014, the date of the earliest rental as testified to by the applicant, refers you to §280-13(A) which contains an exclusive list of uses permitted in the R-40 Zoning District. Pursuant to §280-8(A) these are the only uses permitted in the subject Zoning District. Of particular relevance here, §280-13(A)(1) permits a one family dwelling use. A one family dwelling is defined in $280-4 as "[a] detached building containing one dwelling unit..." §280-4 defines a dwelling unit as, "[a] building...of a minimum living area of 850 square feet containing complete housekeeping facilities for only one family...a hotel, motel, inn, lodging...or similar home or similar structure shall not be deemed to constitute a `dwelling unit' [emphasis added]. Page 3,June 16,2016 #6953, Cradit SCTM No. 1000-35-1-14 Here, as referenced above the applicant stated during the public hearing that, "...ninety nine percent of...[her] rentals prior to the new law were for seven nights or less with the majority of that being weekend interest only...". Therefore, rather than making a permitted one family dwelling use of the property the applicant was, due to the transitory duration of the tenancies, making a short term rental use of the property similar to a hotel/motel use. Furthermore, §280- 8(E) prohibits any use not expressly permitted and short term rental uses, in accordance with the foregoing, are not, and have never been permitted uses in the R-40 Zoning District, thus such a use was and is illegal. In addition, as previously stated, there is no indication in any document submitted to the Zoning Board of Appeals that any permit was ever issued which would permit such use on the property. As a result, the applicant has not met her burden of establishing that her short term rental use was ever legally permitted in the R-40 Zoning District. As a result, she has not established any entitlement to a determination of a legal non-conforming use of the property. In light of the foregoing determination on this threshold issue, we need not reach, nor do we make any findings on or determination of, the remaining issues raised by both the applicant and the opponents to the application. We have also considered the applicant's request, made through her attorney, to reopen the hearing. We find that this request is based on conclusory statements which lack any factual basis. RESOLUTION OF THE BOARD: In considering all of the above factors, a motion was offered by Member Weisman(Chairperson), seconded by Member Dantes, and duly carried,to DETERMINE that the subject property does not enjoy a legal non-conforming use for the short term rental of such property as contemplated by the provisions of Southold Town Code §280- 121, et seq.; and the applicant's request to reopen the hearing is without basis, and is therefore, DENIED. Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider, Dantes, Horning, Goehringer. This Resolution was duly adopted(5-0). Leslie Kanes Weisman, Chairperson Approved for filing CJ/ /7/2016 • BOARD MEMBERS ,i"'" Southold Town Hall Leslie Kanes Weisman,Chairperson •'/$"of SU(/��, 53095 Main Road•P.O.Box 1179 10°.h0 l0 Southold,NY 11971-0959 Eric Dantesit 4g t Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank ik George Horning 54375 Main Road(at Youngs Avenue) Kenneth Schneider �IyCM Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 RECEIPT Received one CD requested by Attorney S. Katsh of ZBA Public Hearing of May 5, 2016 and pay the sum of$2.00. 4 , 'r Name Print Name Date: June 22, 2016 11 Fee.$ Filed By Assignment No. !!1144 I� - �� APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS- AREA VARIANCE RECEIVED House No.�(� 0 Street SO1/c4 Hanilet -i ir ' I Z``"' ass SCTM 1000 Section 65" Block Lot(s) Lot Size RCP( zboleuviN I _ OF APPEALS I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR A DATED BASED ON SURVEY/SITE PLAN DATED Owner(s): j C( (11 .I Mailing Address: 17 4 AT h 'Pr i ye ar-tiy-o C i 06goa Telephone:P-f 6a 7<1. Fax: j CI S f 6-Mal I , c,,"°'1 NOTE: In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect, builder,contract vendee,etc.and name of person who agent represents: Name of Representative: <GJ,' l?//k/ 47, A 74 forWOwner( )Other: Address: l'A//1 LAI Ai ✓ f 6.1-1" ik// MiI TelephonIY(I` / ( - Fax: K4/=-1.5 &- ' h /41/1, z/P7 Please check to specify who you wish correspondence to be mailed to,from the above names: ('Applicant/Owner(s), (Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED and DENIED AN APPLICATION DATED FOR: ( ) Building Permit ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy tV ( ) Change of Use ( )Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: Section: Subsection: Type of Appeal. An Appeal is made for: ( ) A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal( ) has, ()X has not been made at a time with respect to thi property,UNDER Appeal No(s). Year(s). . (Please be sue to research before completing this question or call our office for assistance) Name of Owner: ZBA File# a �d � .FfO / I) iii( KatshLaw LLC 65 Ryder Farm Lane l v RECEIVED Orient, NY 11957 skatsh! i Nonetheless, the documents that are attached satisfy all of the legal requirements applicable to raising this issue before this Honorable Board. Eight copies for each appeal are enclosed, along with relevant exhibits, a payment of$300, and signed Transactional Disclosure and Authorization Forms. Because the issue on this appeal is extremely time sensitive as well as being a legal issue with no issues of fact to resolve, we have asked for an expedited decision. Unfortunately, because the attorneys and Code Enforcement Officer in the Town Attorney's Office are the officials whose actions are being directly challenged, we are constrained to move for their recusal from their normal role as legal advisors to the Board. A motion for disqualification of these individuals is also enclosed. We would be pleased to discuss with you or your representatives any and all procedural and/or substantive issues pertaining to this matter. Respectfully submitted, aw LLC A orized Representative) BY: Salem M. K• 001 -- ----------/0 q0 sh RECEIVED APR 5 2016 ZONING BOARD OF APPEALS an order, decision, or determination of an administrative officer, the fee shall be $300 for each section of the Town Code for which an interpretation is requested." 2 1EFORE THE #• UTHOL I, ZONING * ARD OF APPEALS rT` 62 Appeal Under Oath of RECEIVED Lisa Cradit Dated: Southold, NY 61 Nathan Hale Drive March 23, 2016 APR 5 2016 Stamford, CT 06902 X ZONING BOARD OF APPEALS PRELIMINARY STATEMENT This appeal is being filed by affiant Lisa Cradit of 61 Nathan Hale Drive, Stamford, CT 06902, pursuant to §267-a (4)1 of the New York State Town Law and §§280-146 and 148B of the Town Zoning Code.2 The Town Law § 267-a (6) also provides that the filing of this appeal automatically effectuates a "stay [of] all proceedings in furtherance of the action appealed from....". This appeal raises a narrow question of law—specifically, whether the Town's new "transient" rental zoning ordinance M280-4, 280-111(J)) 3 is 1 The Zoning Board of Appeals is charged with the duty to "hear[ ] and decid[e appeals from, and reviewing any order, requirement, decision, interpretation, or determination made by the administrative official charged with the enforcement of any ordinance or local law adopted pursuant to this article. NYTC § 267-a (4). 2"The Zoning Board of Appeals shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, interpretation, or determination made by the local administrator in the enforcement or administration of this chapter." 3 The new STR law defines a "transient rental property" as follows: 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 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 14 nights... it further provides: The presence of the following shall create a presumption that a dwelling unit is being used as a transient rental property: (a) The dwelling unit is offered for lease on a short-term rental website, including Airbnb, HomeAway,VRBO and the like; or subject to the provisions of Code § 280-121 pertaining to grandfathering of non-conforming uses. For many years, at my property located at 560 Sound Rd., Greenport, NY 11944, I have offered short term rentals of the kind now ostensibly prohibited by the new STR law. The official action that requires this Board to resolve this question of law is the decision and determination of the Southold Code Enforcement Officer, set forth in her letter to affiant dated January 21, 2016 (attached hereto as Exh. A), that I "have been found to be in violation of' the new STR law. The letter states that the "specific violation was observed" on December 17, 2015. The Code Enforcement Officer's finding, as stated in the letter, was unequivocal and unconditional. The letter further threatened criminal penalties -a fine of up to $8000 per day. The letter required that corrective actions be taken immediately—that I must forthwith "cease the leasing of the subject property for a rental period of less than (14) nights". On these facts and for the reasons discussed below, I respectfully ask this Board expeditiously to reverse the decision and determination set forth in this January 21, 2016 letter. As the issue on this appeal is purely legal, and in view of the fact that I am critically obliged at this time to enter into rental agreements for the 2016 tourist season, I respectfully ask the Board to accord this appeal expedited treatment. Affiant and my authorized representative, Salem M. Katsh, Esq., will 69:5: make themselves promptly available for a hearing or other appropriate RECEIVED proceeding. APR 5 2016 DISCUSSION ZONING BOARD OF APPEALS I. The Relev nt Facts are Not in Dispute The following are the relevant facts. They are few in number and uncontestable. On a continuous basis since February 2014, my property at 560 Sound Rd., Greenport, NY 11944 has been advertised on the internet as a property that may be rented for short periods of time. See, e.g., Exh. B. (b)The dwelling unit is offered for lease in any medium for a period of less than 14 nights. 2 IL The Code Enforcement Officer's January 21 Letter Unlawfully Flouted the Code's Grandfathering Provisions (§28O-121) The Code Enforcement Officer's announced determination, in her letter of January 21, that I "have been found to be in violation of' the new STR law, inexplicably ignores, and runs afoul of, the grandfathering provisions in the Zoning Code, § 280-121. My short-term rental activities pre-date by almost two years the effective date of the new November 2015 STR law. I have the right under § 280-121, therefore, to continue renting my property as before. I respectfully urge this Board expeditiously to issue a ruling making clear that the Code's grandfathering provisions apply to the new STR law. This ,y ruling will repair my rights (and those of all others similarly situated). ‘;;975"2, RECEIVED More specifically: APR 5 2016 The Code Provisions. Section 4 of Chapter 280 of the Zoning iCDdseoARD OF APPEALS defines a "non-conforming use" as follows: A use, whether of a building, sign or tract of land, or combination of these, legally existing on the effective date of this chapter, which does not conform to the present use regulations of the district in which it is located but which is continuously maintained after the effective date of these regulations. Section 121 of Chapter 280 of the Code provides that any "[prior] nonconforming use of buildings or open land...regardless of change of title, possession or occupancy or right thereof, may be continued indefinitely...." Section 121 further expressly provides that this right to continue a prior use applies to "all uses and buildings that become nonconforming by reason of any subsequent amendment to this chapter." Unquestionably, short-tee in renting is covered by §280-121 as a non- conforming use. Short-term or "transient" rentals are expressly defined as a use by the new STR law. See §280-4B(192), §280-111(J). And a "transient rental property" as defined in the new STR law is listed as a "prohibited use" under §280-111(J) of the Zoning Code. The Constitutional Principles. It is well recognized that town governments do not affirmatively want to permit non-conforming uses. Prior non-conforming uses are, as the courts have noted, "tolerated" because to allow homeowner investments and assets to be wiped out by a new zoning law would be unconstitutional, as it would effect a fundamentally unjust confiscation of private property. This is clearly the law in New York State. As announced by New York's highest court: 3 1 It is the law of this state that non-conforming uses or structures, in existence when a zoning ordinance is enacted, are, as a general rule, constitutionally protected and will be permitted to continue, notwithstanding the contrary provisions of the ordinance. People v. Miller, 304 N.Y.2d 105, 107 (1952); Matter of Syracuse Aggregate Corp. v. Weise, 51 N.Y.2d 278, 287 (1980) ("[A] zoning ordinance cannot prohibit an existing use to which the property has been devoted at the time of the enactment of the ordinance"); Keller v. Haller, 226 A.D.2d at 639, 640, 641 (2d Dep't 1996).4 The very clear provisions of§ 280-121, and the settled Constitutional rulings that these provisions faithfully honor, are mirrored in the zoning laws that have been enacted throughout New York State and across the Nation. Despite this, our Town Board and its enforcement officials have inexplicably denied the grandfathering rights of persons such as myself who entered into short-term rentals long before the new law was enacted. The new STR law would wipe out our investments of tens of thousands of dollars of constant improvements to attract high quality renters, as well as an income stream that is critical to our livelihood and ability to continue living in Southold. When we and the scores of citizens like us bought our houses and rented them for short periods during the year, we were acting lawfully. We had every right to rely on the legal status quo at the time we bought our houses and put them to lawful use. After the fact, we cannot be made to suffer very serious economic injuries because the Town desired, long after we commenced our activities, to amend the Zoning Code. The purpose of the Zoning Code's grandfathering 7 -3 provisions, and the Constitutional rulings on this subject, are designed to precisely to protect us from what would be a gross injustice. RECEIVED APR 5 2016 III. The Letter Represents Incompetent and Arbitrary Aotioz ,KING BOARD OF APPEALS Wholly apart from the grandfathering issue, the Code Enforcement Officer could not possibly have "observed" on December 17, 2015 that a rental of less than 14 nights had been consummated, let alone that such a rental had been "specifically observed" on that date. The reason is 4 See also Pelham Esplanade, Inc. v. Board of Trustees, 77 N.Y.2d 66 (1990); Town of Ithaca v. Hull, 174 A.D.2d 911 (3d Dep't 1991) ("Fair and intelligent land use planning tolerates nonconforming uses partly because property owners would otherwise suffer undue financial hardship if precipitously faced with discontinuance of an existing nonconforming use and loss of investment due to rezoning"). 4 simple -- no rental or lease agreement of any kind was in effect. As such, no "specific violation" occurred, making the "observation" of a violation impossible. My husband and 1 were the only persons having the rights of use and occupancy. It cannot seriously be contended that the Code Enforcement Officer's assertion in her January 21 letter that I was "observed" committing a "specific violation" on that date is anything other than false. As such, there was no basis whatsoever for the threat of massive criminal penalties made in the letter. Citizens should not be made subject to such unfounded accusations.5 PRAYER FOR RELIEF There are many other legal issues that infect the new STR law. This appeal focuses upon just one. However, since virtually all of the persons adversely affected by the law are persons who have engaged in short- term renting for a long time, as a practical matter, the crisis the Town Board's new law has created can promptly be resolved by this Board simply confirming that, by virtue of§280-121 and the Constitutional principles it expresses, the Town must respect provable, prior non- conforming short term rental activities. I therefore respectfully request that this Board issue an appropriate order holding that Zoning Code §280-121 applies to the new short-term rental law and that the Code Enforcement Letter sent to me dated January 21, 2016 is accordingly null and void. Respectfully submitted, g 5 Lisa Cradit 'tl RECEIVED APR 5 20th Exhs. A & B ZONING BOARD OF APPEALS 5 If what the Code Enforcement Officer—or some third party making an ill-informed complaint to the Officer—"observed"was an advertisement that did not exclude a rental for less than 14 nights,the new law on its face does not in any respect make the act of advertising a rental—whether for one day,a weekend,for less than 14 nights,or for an unspecified time period—a violation of anything.To be certain,under the new STR law, certain advertisements can raise rebuttable"presumptions"that a violation of the law has occurred. That,however,does not make the ads illegal.Nothing can be termed a"violation" under this law except a consummated rental for which rent is received for a period of less than 14 nights. See text of statute at n.3 supra. And the letter I received from the Code Enforcement Officer does not say that some presumption has been raised by advertisements for my property. It says that"I have been found to be in violation"of the new law and must cure my violation"immediately" on pain of criminal penalties. 5 Sworn to before me this 24th day of March, 2016 NOTI RY PUBLIC ANTHONY JHOST 4 Notary Public-State of New York l NO. 011-106320374 Qualified in New York County My Commission Expires Mar 2,2019 tf fRECEIVEb APR 5 2016 ZONING BOARD OF APPEALS 6 EXHIBIT A LETTER DATED JANUARY 21, 2016 FROM TOWN ENFORCEMENT TO APPELLANT LISA CRADIT RECEIVED APR 5 2016 ZONING BOARD OF APPEALS WILLIAM M.DUFFY a x c` SCOTT A.RUSSELL TOWN ATTORNEY �t� J ,,x.� Supervisor bill.duffy@town.southold.ny.us ".> ' Town Hall Annex' 54375 Route 25 STEPHEN F. KIELY ASSISTANT TOWN ATTORNEY $•:wT �.w-..: P.O.Box 1179 r rare , x= ` Southold,New York 11971-0959 stephen.kiely@town.southold.ny.us c 0/, Telephone(631) 765-1939 LORI M.HULSE � P OMI ASSISTANT TOWN ATTORNEY P Facsimile (631) 765-6639 lori.hulse@town.southold.ny.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD 1 NOTICE OF VIOLATION—ORDER TO REMEDY January 21, 2016 Lisa Cradit }' i3 '' 61 Nathan Hale Drive Stamford, Connecticut, 06902 k RECE vgio;drat?. t - Re: 560 Sound Rd, Greenport,New York, 11944 AP 5 2016- Suffolk County Tax Map Parcel#:1000-35.-1-14 ��5 ZONING BOARD OE APPEALS Dear Ms. Cradit: You are hereby notified that you have been found to be in violation of the Town Code of the Town of Southold, Chapter 280-111 (J). The specific violation which was observed by the undersigned on December 17, 2015, is: Prohibited uses in all districts: transient rental properties, as defined in §280-4 as: TRANSIENT RENTAL PROPERTY (1) 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 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 14 nights and shall not include: (a) 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. (b) A dwelling unit located on Fishers Island, due to the unique characteristics of the Island, including the lack of formal lodging for visitors. (2) The presence of the following shall create a presumption that a dwelling unit is being used as a transient rental property: (a) The dwelling unit is offered for lease on a short-term rental website, including Airbnb,HomeAway, VRBO and the like; or (b) The dwelling unit is offered for lease in any medium for a period of less than 14 nights. (3) 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. The following corrective measures must be taken immediately: , , Cease the leasing of the subject property for a rental period of less than fourteen (14) nights. For the purposes of applying the penalties described in the Town Code of the Town of Southold, your first violation shall be deemed to have occurred as of December 17,2015. Please note: A violation of this Code is punishable by a fine not to exceed $8,000.00. Each Day of continued violation shall constitute an additional, separate offense, after Court determination. If you have any questions,please contact the undersigned. Sincerely, Nicole Buckner g `� Code Enforcement Officer RECEIVED APR 5 2016 ZONING BOARD OF APPEALS EXHIBIT B SHORT-TERM RENTAL AGREEMENT (JULY 18- JULY 23, 2015) ENTERED INTO BY APPELLANT LISA CRADIT PRE-DATING NEW STR LAW . ?j‘ , RECEIVED APR 5 2010 ZONING BOARD OF APPR4 SHORT TERM RENTAL AGREEMENT Vineyard View @ 24 Sound Road Greenport, New York 11944 This Short Term Rental Agreement is mace by and between Lisa Credit("owner') and Rosalind ('Gues )as of the tale last set forth on the signature page of this Agreement. For good and valuable conside-at:on,the sufficiency of which is atcknowiedged,the parties hereby agree as follows; 1. Property: The property is iodated at 24 Sound Road, Greenport, New York, 2. Rental Party: The rental party shag consist of Guest and the toliowing persons: Guest Marne: Rosalind f„ lDriver"s License#and Sta e Address: ' t.2ar•er State M` 4 Zip:_31326._ Erna°Address: . t a . i+4', Homs. #�iTFag Emergency Contact Name: . - ? > Phone Number: Total number of guests: 5 Please provide the first and last nan.ie,including you: 1.Rosalind 2. Torn 3. Ian A Jackie = 5. Macidison 6. 8^ ._.._ ...__._�....,..,. .,,.... 9 .............__.�.. _....,._..... 3. Maxi urn OcGLlka y: The maximuir number of Cfiiezts°c limited to i persons. 4 Term of the Lease: The lease begins at 3 n.r i fSaturoat..3i,iyi 18, 2015)and ends at oOem fWednesaav Jul-22 20151_ 5. Rental Rules: Guest agrees;o abide by the Rental Rules (see Addendum)at all times while at the property and shall cause all members of the rental party and any other Guests permitted on the property to abide by the following rules at ail ernes while at the properly 6. Access: Guest shall allow Owner access to the property for purposes of repair and inspection. Owner shall exercise this right of access in a reasonable manner. 7. General Agreement: Owner snail provide utilities.furniture,fixtures, linens and towels as agreed upon, Paper towels, dish soap, toilet paper. cteariing supplies and laundry soap will be provided as an arrival courtesy only. Guest is responsible for buying add t onai auantt`es of these items if you run out. 8 Payment-and cancellation Agreement:Payment in full is due prior to confirmation of the reservation. The preferred method of payment is via credit card oriime through the HomeAway Payment link on the property listing webpage. The iota;payment tee;includes the Rentai Fee as outlined, a cleaning fee of 5150 00 and a non-refundable Property Damage Protection fee of$69.00. You may cancel your r'eservatian at arty time:however on1 bookin{s cancelled .t least 60 da s before the start of the sta will receive a 100%refund, All other cancellations are non-refundable. Can-deflations must be made by 12,90 PM CST(Cent al Standard Time on the appropriate day A Signed copy of this Agreement is due no later than 30 days prior to the reservation and can he ernailed 9. SSecurit,JOama•e De•osit: Damage msurarice';s ed ,o the form of a $69 non-refunaab 95-3 Damage P;otection Fee. I here is 3ric additional carriage deposit yr security deposit iE hired. RECEIVED :;a N3,Arrr..rear,,yrs f Alit ervh.mc.-. Vooy:,o:gay :�.^S 5.;,.=E:.R.;1- A P R 5 c61 ZONING BOARD OF APPEALS 10. Liability Agreement:The Owner.s not s espons ihie for any ac:cide,nts, inturies or illness that occurs while on the premises or its facilities. By accepting this reservation, it is agreed that lie guests are expressly assuming the risk of any harm to tber sei=,es arising from their use of the premises or others whom they invite to use the premises. Owner is not responsible for loss or damage cue to ire, accident. theft, weather or catastrophic events. Renter agrees to ir>demnfy and save Owner all liability. loss or damace arising from harm made or suffered on the leased premises by them and their invitees. Renter agrees that any disturbance or endangering of the neighbors,or use of toe premises for any unlawful purposes, could immediately terminate renter's occupancy and rental agreement of these premises, Renters evicted from this property will not get a refund for dates unused. The Owner is not responsible for lost. stolen or items left behind. If you notice after check out that you've, left an item at the home and wish to have it returned,call us as soon as possible and I will arrange for shipment,With your approval. I will deduct the shipping and handling expense from your deposit refund I HAVE READ AND UNDERSTAND THE LEASEAGREEMENI AND C•ANCEL_ATION POLICY AND I HAVE READ AND AGREED WITH ALL THE PAGES tN THIS CONTRACT. f CERTIFY THAT I AM ATLEAST 313 YEARS OF AGE AND THAT i''WILL BE HELD RESPONSIBLE FOR THE CARE IF THIS PROPERTY BEING RENTED ED UN DER MY NAME. The parties agree to the terms of this Shoo let n:Rental Agre=ement,as evidenced by the signatures set forth below, Owner: Guest: Name(pont)Lisa Crai it Name(print) 77-, ir1 - `�` Name {:;?Gn 7 Namea$is�! Date' March 13,2015 Date: March 15, 2015 Contact 4(during stay): 646-245 445 6 Phone :Iduring stay) *54411: r4 *4;g 0, 0 Please attach a of 'your Driver's License or ID to this document when returned ,g, '3 RECEIVED APR 5 X010 ZONING BOARD OF APPEALS Ar re`.mer;F.?+ri Adde,Vums-y>>_;ey.+rri 4;r3.t°'<:24$:;,tnc+ Pagi,, �_ BEFORE THE SOUTHOLD ZONING BOARD OF APPEALS Dated: Southold, NY March 24, 2016 Motion to Disqualify William Duffy, Steven Kiely and Nicole Buckner from Representing Town, or from Providing Counsel to the Zoning Board of Appeals, in this Proceeding We respectfully move to disqualify William Duffy, Southold Town Attorney, Steven Kiely, Assistant Town Attorney, and Nicole Buckner, Town Enforcement Officer, from participating as attorneys on this appeal. The subject of this appeal is a letter dated January 2016, to appellant Lisa Cradit. It states that she "has been found to be in violation" of Southold's new short-term rental law ("new STR law"). See Exhibit A to Appeal filed herewith. The said letter is printed on the stationary and letterhead of Messrs. Duffy and Kiely, the Office of the Town Attorney. The letter is signed by Ms. Buckner. Some thirty-five identical letters have been sent in the same fashion, on the same letterhead and with Ms._Buckner's signature, during the period November 2015 (when the new law became effective) until at least March 6, ,2016. There is no question but that the letter and the enforcement effort it represents was crafted and adopted by the Town's lawyers—Messrs. Duffy and 'Kiely--to whom Ms. Buckner reports. The Zoning Board of Appeals has been setup to utilize the advice and counsel of the Town's attorneys.. As a general matter, giving the ,attorneys this role may well be appropriate. However, when a matter comes before the Board for adjudication that appeals from the conduct of these very officials, it is self-evident that these Town officials should not participate in any substantive manner. If hypothetically there would be testimony taken in this case, Messrs. Duffy and Kiely and Ms. Buckner would ipso facto be key witnesses. To be sure, while no testimony will be needed to resolve thisappealR.t i F hypothetical illustrates the conflict of interest. - D ‘40 APR 6 2016 ZONING BOARD OF APPEALS The question on this appeal is a legal question and calls for an interpretation of the Zoning Code-to wit, is the new short-term rental law subject to the grandfathering provisions of Code §280-121? The issue, in our view, is so clear cut that anyone with experience in applying the Code, including any non-lawyer members of the Board, will have no difficulty reaching a decision. Nonetheless, it cannot be denied that it ' would only be normal and natural for the Board to seek and receive counsel's advice. In this case, however, unless they are disqualified, the persons that would be called upon to provide such advise would be the same persons whose actions are being challenged. If the Board were of the view that an attorney's advice werecritical, the Board could hire an attorney with no ethical conflicts to help out. We also have no objection with the Board's hearing oral argument on the question of law presented, at which time Messrs. Duffy, Kiely and/or Ms. Buckner can defend their challenged conduct and contend that the letters are lawful and do not infringe upon vested grandfathering rights. But it is obvious that they cannot serve as the attorneys for or provide counsel to the very tribunal that is charged with impartially deciding this appeal. In conclusion, we respectfully ask the Board to issue an order disqualifying Messrs. Duffy and Kiely, and Ms. Buckner, from providing ' any ex parte advice to the Board in regard to this appeal or otherwise acting in the capacity of attorneys or advisers to the Board. Respectfully submitted, KatshLaw LSC (Authorized Repr- _- a lye)4:BY /9 • 1 Salem M. Katsh Dated: March 24, 2016 RECEIVED APR 5 2016 ZONIING BOARD OF APPEALS 2 Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) 1, 1„1.5tc CT residing at if I AlleT Mi i`4 AL Dg. (Print property owner's name) (Mailing Address) do hereby authorize `JR Llr tiA KAT I+ (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. f1 /f 7 %/' Owner's Signa ure) f L-) CR1A. cI (Print Owner's Name) (e)953 RECEIVED APR 5 2016 ZONING BOARD OF APPEALS (A TOWN OF SOUTI-TOLD RECEIVED BUILDING DEPARTMENT Office of the Building Inspector APR ® 7 2016 Town Hall Southold, N.Y. ZONING BOARDOFAPPEALS CERTIFICATE OF OCCUPANCY No: Z-31363 Date: 12/29/05 THIS CERTIFIES that the building ADDITION Location of Property: 560 AKA #24 SOUND ROAD GREENPORT (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 35 Block 1 Lot 14 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated DECEMBER 20, 2005 pursuant to which Building Permit No. 31688-Z dated DECEMBER 21, 2005 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is "AS BUILT" DECK ADDITION TO AN EXISTING SINGLE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to JEFFREY CAMPBELL BUBB & ORS. (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A c ut rize Signature Rev. 1/81 A Town of Southold • 4/7/2015 b+ NI P.O.Box 1179 RECEIVED Vt 53095 Main Rd APR 2016 t Southold,New York 11971 ,•�` tF ZONING BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No: 37497 Date: 4/7/2015 THIS CERTIFIES that the building AS BUILT ALTERATION Location of Property: 560 Sound Rd,Greenport SCTM#: 473889 , Sec/Block/Lot: 35.-1-14 Subdivision: - Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 1/21/2015 pursuant to which Building Permit No. 39511 dated 1/29/2015 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: "AS BUILT"ALTERATION FOR SECOND FLOOR BATHROOM TO AN EXISTING ONE FAMILY DWELLING AS APPLIED FOR - The certificate is issued to Cradit,Lisa of the aforesaid building. . SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. ' 39511 04-02-2015 PLUMBERS CERTIFICATION DATED 04-02-2015 reenport Plumbing _- A 19rr-ed :igna .:e FORM NO. 4 &C/.63' RECEIVED TOWN OF SOUTHOLD �pq BUILDING DEPARTMENT PR NY (1 2096 Office of the Building Inspector Town Hall ZONING BOARD OF APPEALS Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCY No: Z- 31364 Date: 08/25/05 THIS CERTIFIES that the building DWELLING Location of Property 560 AKA #24 SOUND ROAD GREENPORT (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 035 Block 0001 Lot 014 Subdivision Filed Map No. Lot No. conforms substantially to the Requirements for a ONE FAMILY DWELLING built prior to APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z- 31364 dated AUGUST 25, 2005 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH ACCESSORY GARAGE * The certificate is issued to JEFFREY C. BUBB & ORS (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A *PLEASE SEE ATTACHED INSPECTION REPORT. uthorized Signature Rev. 1/81 BUILDING DEPARTMENT TOWN OF SOUTHOLD HOUSING CODE INSPECTION REPORT RECEIVED q...„(3 LOCATION: 560 ARA #24 SOUND ROAD GREENPORTAPry ® 2016 • SUBDIVISION: MAP NO.: LOT (5) NAME OF OWNER (S): JEFFREY C. BUBB & ORS ZONING BOARD OF APPEALS OCCUPANCY: SINGLE FAMILY DWELLING JEFFREY C BUBB & ORS ADMITTED BY: JEAN BUBB ACCOMPANIED BY: SAME KEY AVAILABLE: SUFF. CO. TAX MAP NO.: 35.-1-14 SOURCE OF REQUEST: JEAN BUBB 8/19/05 DATE: 08/25/05 DWELLING: TYPE OP CONSTRUCTION: WOOD FRAME # STORIES: 2 0 # EXITS: 3 FOUNDATION: CEMENT BOOCK CELLAR: FULL CRAWL SPACE: TOTAL ROOMS: 1ST FLR.: 5 2ND FLR.: 2 3RD FLR.: G BATHROOM(S): 1.0 TOILET ROOM(S): 0.0 UTILITY ROO1(S): YES PORCH TYPE: DECK TYPE: PATIO TYPE: BREEZEWAY: FIREPLACE: YES GARAGE: DOMESTIC HOTWATER: YES TYPE HEATER: HOT WATER AIRCONDITIONING: TYPE HEAT: OIL WARM AIR: NO HOTWATER: YES OTHER: SEPARATE HOT WATER HEATER ACCESSORY STRUCTURES. GARAGE, TYPE OF CONST_: WOOD FRAME STORAGE, TYPE CONST.: SWIMMING POOL: GUEST, TYPE CONST.: OTHER: VIOLATIONS: CHAPTER 45 N.Y. STATE UNIFORM FIRE PREVENTION & BUILDING CODE LOCATION DESCRIPTION ART. SEC. REMARKS: BP #31688-Z-COZ-31363 (DECK ADDITION) INSPECTED BY: TE ON INSPECTION: 08/24/05 GEORGE GIL EN TIME START: END: FORM NO.• 44 REC11V U )1s7) APR 0 7 2016 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector ZONING BOARD OF W€R Town Hall Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCY No: Z- 31364 Date: 08/25/05 THIS CERTIFIES that the building DWELLING' Location of Property 560 AKA #24 SOUND ROAD GREENPORT (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 035 Block 0001 Lot 014 Subdivision Filed Map No. Lot No. conforms substantially to the Requirements for a ONE FAMILY DWELLING built prior to APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z- 31364 dated AUGUST 25, 2005 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH ACCESSORY GARAGE * The certificate is issued to JEFFREY C. BUBB & ORS (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A *PLEASE SEE ATTACHED INSPECTION REPORT. uthorized Signature Rev. 1/81 . J 1 BUILDING DEPARTMENT TOWN OF SOUTHOLD HOUSING CODE INSPECTION REPORT (0qJ3 RECEIVED LOCATION: 560 AKA #24 SOUND ROAD GREENPORT SUBDIVISION: MAP NO.: LOT (S) APR ® 7 2016 NAME OP OWNER (S): JEFFREY C. BUBB & ORS ZONING BOARD OF APPEALS OCCUPANCY: SINGLE FAMILY DWELLING JEFFREY C. BUBB & ORS ADMIT:MD BY: JEAN BUBB ACCOMPANIED BY: SAME KEY AVAILABLE: SUFF. CO. TAX MAP NO.: 35.-1-14 SOURCE OF REQUEST: JEAN BUBB 8/19/05 DATE: 08/25/05 DWELLING: TYPE OF CONSTRUCTION: WOOD FRAME # STORIES: 2 0 U EXITS: 3 FOUNDATION: CEMENT BOOCK CELLAR: FULL CRAWL SPACE: TOTAL ROOMS: 1ST FLR.: 5 2ND PLR.: 2 3RD FLR.: 0 BATHROOM(S): 1.0 TOILET ROOM(S): 0.0 UTILITY ROOM(S): YES PORCH TYPE: DECK TYPE: PATIO TYPE: BREEZEWAY: FIREPLACE: YES GARAGE: DOMESTIC BOWATER: YES TYPE BEATER: HOT WATER AIRCONDITIONING: TYPE HEAT: OIL WARM AIR: NO HOTWATER: YES OTHER: SEPARATE HOT WATER HEATER ACCESSORY STRUCTURES. GARAGE, TYPE OF CONST.: WOOD FRAME STORAGE, TYPE CONST.: SWIrMIING POOL: GUEST, TYPE COMET.: OTHER: VIOLATIONS: CHAPTER 45 N.Y. STATE UNIFORM FIRE PREVENTION & BUILDING CODE LOCATION ; DESCRIPTION I ART. SEC. - I ' l I ' I I REMARKS: BP #31688-Z-COZ-31363 (DECK ADDITION) INSPECTED BY: TE ON INSPECTION: 08/24/05 GEORGE GIL EN TIME START: END: RECEIVE) 61,0 APR 0 2i;5 AGENT/REPRESENTATIVE ZONING BOARt, S,,}- TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. � YOUR NAME : �.� Q' i',"' (Last name, rrst frame,middle iJrtial,unless you are�ying in the name of someone else or other entity.such as a company.if so,indicate the other person's or company's name.) TYPE OF APPLICATION:(Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of PIat / Mooring Other(activity) c' 'Q if '/7/.(4J( /Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership.in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO 7,% If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater that 5%of the shares of the corporate stock of the applicant(n hen the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP A 14' i Submitted this day of air. Signature 411111,1r j Print Name ca(e0/4 /////' 4 I APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : C 11c. (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) - Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position'of that person ' Describe the relationship between.yourself(the,applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. • The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or I))the actual applicant • DESCRIPTION OF RELATIONSHIP Submitted this day of / ,20 APR 5 6 1 , Signature ���6t , j27.(LG" l ZONING BOARD OF APPEALS Print Name f s Certificate of Delivery I, Robin Phillips, of 65 Ryder Farm Lane, Orient NY 11957, hereby declare and certify that on this day, the 25th day of March, 2016, I delivered to the Officeof the Southold Zoning Appeals Board the within Eight Copies of "Appeal of Transient Rental Enforcement Letter Lisa Cradit". Robin Phillips • 6.9'5 3 RECEIVED APR 5 2016 ZONING BOARD OF APPEALS Id° 4004O ELIZABETH A.NEVILLE,MMC Town Hall,53095 Main Road TOWN CLERK • ; P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS L ',� Fax(631)765-6145 MARRIAGE OFFICER �° �� RECORDS MANAGEMENT OFFICER ®l r®,►� Telephone(631) nny.gov ,�' www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A.Neville DATED: April 7,2016 RE: Zoning Appeal No. 6953 Transmitted herewith is Zoning Appeals No. 6953 for Lisa Cradit-The Application to the Southold Town Zoning Board of Appeals. Also enclosed is a Letter to the Zoning Board of Appeals from Salem M. Katsh, Attorney at Law Dated March 24 of 2016, A 6 Page Preliminary Statement Under Oath of Lisa Cradit Dated March 23 of 2016, Exhibit A is a Letter Dated January 21 of 2016 from Town Enforcement to Appellant Lisa Cradit, Exhibit B is a Short-Term Rental Agreement Between Lisa Cradit and a Guest for the Dates of July 18-July 22 of 2015, Board of Zoning Appeals Application Authorization from Lisa Cradit for Salem Katsh, Applicant/Owner Transactional Disclosure Form from Lisa G. Cradit, A Letter,of Motion from Salem M. Katsh of KatshLaw LLC Before the Southold Zoning Board of Appeals Dated March 24 of 2016, Certificate of Delivery Signed by Robin Phillips on March 25 of 2016. OF Ur I ! sR � 7 F a OWNER ---,„- ' " _ —_........... ....__ =-VILLAGE - ___-; DIST. ._ .._.._. SUB.n LOT. _ _ L.,I sa . g f ,..._ } ,..,,, „.< I• $'.. � R Obi I V. `�� <.1 t j c` �,. ACR. -- I - x 11.... ',r .. , ' — • „ �v S ' W ' TYPE OF BUILDING - RES,7 j SEAS.______. • VL , FARM _ COMM. CB. MICS. .___ Mkt. 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Porch , - . c.uilin ".---- ----1----7--------- I s - DR. ' -Fire Place I 1Heat , Breezeway . ' -- . I , . . .,.. T" -‘,. Roof Rooms 1 st Floor BR i i I ' . , Garage —, ,. , / - .. .,•• , f - . ; Rooms 2nd Floor I FIN. B ;Recreation Room! Patio . ' 4- I -g--- .— _.--- ---.----- O. B. - "Dcfg.r., I Driveway _ - 1 Total _„__,_ — _ ----------- .• •.. _ , , . . . i • * * * RECEIPT * * * Date: 04/06/16 Receipt#: 202474 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 401 $300.00 Total Paid: $300.00 Notes: Payment Type Amount Paid By CK#401 $300.00 Salem M. Katsh Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Cradit, Lisa Gayle 24 Sound Rd Greenport, NY 11944 Clerk ID: SABRINA Internal ID:401 ---......1•1111•1111.11141111. 40* .11106 411,-141. I 4 sr .. ii Ilik , . _ . • - . , .2.2 do I .. MI 11141111"11°14111 '' l . . ‘. / - - ------. / (5 _ . . utia A A , ..., MI i 4 • • 1111.11111111.1 . .. ., - • At .., . 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S / �� ----"..''.".'df ' . • t . i t IP _N ! \ �► _Q • 41.110101101 lir IX • ' - Relax to arUnique Vineyard View-VRBO Page 1 of 10 _I ism, � onmipm ( Overview a - - - -- - 1 N.. r /7i • f( p Login v Help v List Your Property Greenport, North Fork, New York Arrival Depart 0 I don't have dates yet Search L < Browse properties J Home > USA > New York , Long Island > North Fork > Greenport t VRBO Listing#559448 LIM . Relax to a Unique Vineyard View Avg. Nightly$371 Photos Map Calendar , Arrival IDeparture ' I"' G 2 adults it sr- � q-. t ! 1k t r y g}.i ?r.,: >ti' � rn Minimum stay: 1-7 nights D ,(14,444,P44.'„,,114 �0. 0 � � z,T ,`� ,r��'sr 1}�,tr It1 "4` ,trt4V7 ,IY {it 'tl �4);t s ti ; Book It ;' ' ,.,. I �,, F-: l f IL , ort ,iii Detailed Price r?- - - ( Pay with confidence r ' _•_ at . - ...: ' s` ' :`'-..y, - Book this property securely on VRBO and : b"vrneyard`arourid the corner get payment protection :- ti .°" :-'^c•1::==, ;:t Learn more -47---- --MI ia6IIT ' �� "' Save to my favorites 1 r I �`---'._ •Vii. --.- --31—,,, ,,r — -- f( '�`S lid h }b '4'�� � .1104 y L i Reviews " 'i'" 7d( 1 �i.. 7Ha 25 ` 4i r r , Sleeps 8 Bedrooms 3 1 Bathrooms 2 Minimum stay: 1-7 nights Property type House Internet: Yes, L ) Pets considered: ,. . . , Yes Wheel chair accessible: , No I ith Owner Member since:2014 Speaks: English Property description -Send email Completely updated and light-filled Cape Cod-style home sleeps 8. Please note that 11 Response time Within 24 hours the home is not ideal for young children. Response rate 100% Enjoy dining alfresco on this beautifully landscaped 0.25 acre property overlooking the sprawling Kontakosta Vineyard; outdoor space includes a gas grill and a dining table I Feedback 7 ) https://www.vrbo.com/559448 12/17/2015 Relax to a,Unique Vineyard View-VRBO Page 2 of 10 forThis veadeful e r offi�rs vi rssthe bes� �� �reei'poi ga too offi�r:dalse a I Ca ndar las 12/08/2015 6qc3 8q�v� f��Vt� rd�e ar + ani n ( erInfo P Bs for �vininut�walk to townsor dining_a_ad_sh000ina,_strolllarounJ the corner nor a up waterfront wine tasting or visit the famous"67 Steps"beach located at the end of the street. Add vacation protection services to Inside the home, relax in an open concept kitchen and dining space that includes a your booking large chef's kitchen with every cooking amenity you need; dishwasher, microwave,gas range and washer/dryer.The dining room has a cathedral ceiling and seats 8.The Three services to protect your trip: living room has a working fireplace,flat screen TV/DVD and WiFi. Protect your payments in case you need to cancel A cozy screened porch with ceiling fan and loveseats offers a peaceful spot perfect for morning coffee or catching up on a good book. Guarantee the rental meets your expectations The master bedroom with king-sized bed and bathroom are on the first floor.The I Ensure you're prepared in case of accidental second floor features two bedrooms with a king and full size bed, respectively,a damage. sleeping alcove and bathroom with large glass shower.A Queen bed is located in the ,windowed basement. Get it now Living and sleeping spaces on the first and second floor have ceiling fans;window A/C units are also available. Linens and towels included. Bedroom 1: King Bedroom 2: King THE Bedroom 3: Full +Queen bed in the basement PERFECT Sleeps 8 - ADDITION Please not that our town passed a new law requiring all short term rental contracts TO be for a minimum of 14 nights.You are not required to stay for the entire period,but I HOLIDAY it means that your contract period will be for 14 nights and you will have the eicclusive CELEBRATIONS right to stay on the property during that time. Pricing is based on the number of nights you stay. Please inquire if you have any questions. Why VRBO FIND RECIPES NOW J 9114r1$16.3.,, , 0 Build your best vacation ever Escape the confines of a hotel *: , '_N From over 1 million rentals Enjoy the freedom of a vacation worldwide - rental 40 nt la Book with confidence i.* Personalized experiences �1 i�(Iy 1„tt' Relax and enjoy your stay From online to on vacation I +0143I , IY^'F- ',, AnctiNit Property Type House 1800 sq. ft. advertisement Accommodation Type Vacation Rental Meals Guests Provide Their Own Meals Feedback I https://www.vrbo.com/559448 12/17/2015 Relax to a Unique Vineyard View-VRBO Page 3 of 10 ma6i1iif verve w Reviews Rates Calendar Location Owner Info I Photos , imIim Age_I imit i Eor bt Suitable Foc Children_Whr Trl eelchaiarraeeihla . In ' Renters: No children under age 12. 30 Pets Considered: Non Smoking Only No pets allowed. Bedrooms: 3 Bedrooms,Sleeps 8 Bedroom 1:1 king 1st floor Bedroom 2: 1 king 2nd floor Bedroom 3: 1 double 2nd floor Alcove: 1 twin/single Sleeping alcove on the 2nd floor Bathrooms: 2 Bathrooms Bathroom 1: toilet,combination tub/shower 1st floor bathroom Bathroom 2: toilet,shower 2nd floor bath includes large walk-in glass shower All bathrooms are updated Entertainment Books Satellite/Cable Television DVD Player Stereo: Bose unit for IPODs Dining Dining: Dining Room Seating for 8 people Cathedral ceiling and large table seating 8-10 General Air Conditioning: Heating Living Room Window units available;ceiling Internet Parking: fans in 1st and 2nd floor...more Clothes Dryer Iron&Board Max of 5 cars please;all ryparking must be in the ...more Fireplace Linens Provided Towels Provided Hair Dryer Washing Machine Kitchen Coffee Maker Microwave Refrigerator Dishes&Utensils: Oven Stove Complete chefs kitchen Pantry Items: Toaster Dishwasher Basic spices provided Outside Bicycles: Deck/Patio Lawn/Garden Available upon request in Outdoor Grill advance. Reviews [Feedback https://www.vrbo.com/559448 12/17/2015 Relax to a,Unique Vineyard View-VRBO Page 4 of 10 • lendar Locate OwnIfo Photos 5 �� *frol�Yiv'1'�trsavel��1ieviiew� r-te,I a reviewern /Ws9 Fun weekend getaway! ***** Robyn T. Such a great house with an ideal setup for a weekend away with friends. Ideal location-walk to beach,next door to Kontakosta winery and just a short drive to nearby vineyards and to town. Clean, loved and cozy- we hope to return' Stayed:November 2015 Submitted:November 25,2015 Source:VRBO Recommended for:Girls getaway,Adventure seekers,Age 55+ Was this review helpful?, 0 1 Yesn ! 0 I No Fantastic House • ***** donna e. The house is gorgeous,comfortable,and clean,plus it's an easy walk to Kontakosta winery. Lisa was a pleasure to deal with. We had an amazing time and would definitely be back. Thank you for everything. Stayed:October 2015 Submitted:November 3,2015 Source:HomeAway Family Was this review helpful? 0 I Yes , i O=No ! Wow! Edwin F. Thank you so much for your hospitality. My friends and I had an amazing Bronx,NY time at the wedding but an even better time at your home. It's such a warm and welcoming place.And watching deer prance around the backyard while we sipped out morning coffee is an experience we will never forget. Stayed:October 2015 Submitted:October 12,2015 Source:VRBO Recommended for:Sightseeing,Girls getaway,Age 55+ Was this review helpful?f o T Yes—I I 0 No Vineyard view ***** carol F. The house was perfect for us. It was beautifully decorated and very New York comfortable. We had everything we needed.The location was fabulous also right off the main road and close to the town and shopping. I would definitely stay there again. Stayed:October 2015 Submitted:October 8,2015 Source:HomeAway Family Was this review helpful?' 0 Yes `0 No [Feedback I https://www.vrbo.com/559448 12/17/2015 Relax to a,Unique Vineyard View- VRBO Page 5 of 10 -4,41! ,17 Peri � ig'r� erre eeken,lI �, • yewAvtt�OVsh { atcs calendar Location Owner Info Photos J 3 �""Tara We had the best time at Vineyard View this past weekends The house is Babylon gorgeous,convenient to everything in Greenport. Only a 5 minute walk to Kontakosta winery.The house was so clean. Lisa was super easy to work with.All the girls were raving about the house. We will definitely be backs! Stayed:September 2015 Submitted:September 23,2015 Source:VRBO Recommended for:Girls getaway,Romantic getaway Was this review helpful'; 0 Yes I i 0 No l Vineyard View 1k7kIntr* Elise C. We had a wonderful time at Vineyard View!The house is spacious, beautifully appointed and a thoroughly enjoyable place to spend time in. The backyard was verdant and peaceful-the perfect place to read, barbecue,sit in the sun,and drink wine.The host Lisa thoughtfully provided a bottle of wine from the Vineyard next door. Her manual about the house and local area was detailed and helpful. We had a great experience and hopefully will be back] Stayed:July 2015 Submitted:July 21,2015 Source:HomeAway Family Was this review helpful? 1 j Yes I 0 ;' No Perfect weekend getaway '� ***** L'olseau My family had a wonderful weekend at this Greenport home. it is Fairfield,CT convenient to the town and short walk to the beach. The house is comfortable,clean and cheerful with all the amenities one needs. Very nice] Stayed:April 2015 Submitted:April 29,2015 Source:VRBO Recommended for:Families with young children,Sightseeing,Girls getaway,Age 55+,Families with teenagers Was this review helpful?i 0 j Yes j l 0HNo Gorgeous home close to everything �' ***** Nicole L. A group of 6 of us and my dog stayed at the Vinyeard View the weekend of March 13th.The home was even more beautiful in person. Everything here has been thought of. Lisa was very helpful in supplying a Welcome Book with tips on where to dine,shop,and many more. I can't recommend this home enough. We are already looking forward to booking this home again for our next getaway. Stayed:March 2015 Submitted:March 28,2015 Source:HomeAway Family Was this review helpful?! 0 Yes i 0 4 No (Feedback ) https://www.vrbo.com/559448 12/17/2015 Relax to a,Unique Vineyard View-VRBO Page 6 of 10 Overview Reviews Rates Calendar Location Owner Info Photos *0%5 ABeautiful, Spacious Home - Perfect Weekend! ***** Katie B. Six girlfriends and I had a fantastic time at Vineyard View in January for my bachelorette weekend! Lisa's house was absolutely beautiful; it was spacious,bright,airy,clean,and cozy,and fit our needs perfectly. We felt very welcomed and made ourselves at home. The home does have a great view of the vineyard (even in winter!)and we were easily able to • walk to it. The beds were very comfy,everything worked great,and the kitchen was big, updated,and great for cooking. Everything about our stay was perfect and we wouldn't change anything! We'd all love to make another trip back! Stayed:January 2015 Submitted:January 19,2015 Source:HomeAway Family Was this review helpful?!0 ' Yes ' 1 0 , No ,,c1, The Perfect Birthday Getaway N ink*** iulitz03 This was my first time renting a home and using VRBO. I live in NYC and New York, was looking for something fun to do with my girlfriends,for my big NY birthday(or as I like to say-forever 29 bday).A few of my friends have been to Greenport before and always had a great experience and we all love wine! I proceeded to start my research to see what I could find and I came across this listing for the vineyard view.The reviews were all great and I just fell in love with the pictures of the property-lucky for me,I found availability for my bday month. I will say the pictures are decent and nice,but BELIEVE ME,they fall short.This home is absolutely AMAZING. From the moment you walk in you feel you're being transported somewhere else.You can immediately tell the care and attention to detail in every corner of this home. It is cozy and has absolutely anything and everything you may need- Lisa(the owner)has really thought of everything! One of the biggest concerns I had walking in was deciding which room I would pick to stay in! Lisa also left a sweet note and a wine bottle as a welcome gift-such a nice welcoming! There are tons of places in the area which we took advantage of to have dinner, lunch,and brunch. Lisa's welcome guide was awesome as I prepared for my trip because she gives you tons of tips and helpful info on the area and what to do. We went to Blue Canoe for dinner our first night and had a GREAT meal (shrimp burger-AMAZING),we also had brunch at First and South which was also very very good. Due to the weather and the fact that we wanted everyone to enjoyed themselves,we decided to park the cars and head to Konstakostas Winery which is the vineyard you see from the house. Despite the cold, the wines were pretty good and they have amazing views(you can take great pictures). The only minor criticism that I have(and this might be my failure of dealing with fireplaces)is that we were not able to turn on the fireplace and I'm not sure if it was due to the wood that was in there or my incompetence in knowing how to turn it on. Either way the home has a thermostat for you to control room temperature.The saddest and most upsetting part of my stay was having to leave on Sunday. Thank you Lisa and Bob for such a great birthday weekend! Can't wait to visit when during the spring or summer next year:-) [Feedbackl https://www.vrbo.com/559448 12/17/2015 Relax to a Unique Vineyard View-VRBO Page 7 of 10 St::yed:November 2014 Submitted:De ember 4,2014 Source:VR30 4f(01 I Overview I Reviews I Rates Calendar Location Owner Info Photos I Recommended for:Families with young chiid-WIT-Sightseeing,Girls getaway, Adventure seekers,Romantic getaway,Families with teenagers Was this review helpful?'" 0 [Yes 1 0 No ,j Show More Reviews 1 Rates Currency Conversion Rental basis:Per property [Rental rates quoted in: I USD Dates I Nightly j Weekend Night Weekly Monthly* Event I-- Winter j I { Dec 5-Mar 5, 2016 $350 2 night min stay { Spring Mar 6-May 21, 'ff $350 2016 i I iI 2 night min stay Summer May 22-Sep 5, III I I II ' $375 2016 1111 7 night mm stay Changeover Day: Friday Fall 2016 ---------I---------1 f { j Sep 6-Dec o, I 2016 I $350 2 night min stay Additional information about rental rates Fees and Rental Conditions: Cleaning $150 Property Damage Protection - $79 Taxes Not included Notes: No smoking please.Please review the Rental Agreement,Rental Rules and Pet Addendum attached for more information Cancellation policy: 100%refund if canceled at least 60 days before arrival date CD Book with Confidence Paying through this free service protects your payment up to$10,000 against listing fraud.If you are .not paying through HomeAway Payments always call the owner at the number listed on our website and never use instant money transfer services such as Western Union and MoneyGram. (FeedbackI https://www.vrbo.com/559448 12/17/2015 Relax to a Unique Vineyard View-VRBO Page 8 of 10 fwo t for et ydur cation pri tecti !Get pr'ote ed now A6261S.°73 ervw I "reviews �aesalendar Location , Owner Info Photos l4dding our Vacation Protection s.rvices can make sure your getaNav Goes smoothy,no matter what.We offer Cancellation Protection,Carefree Rental Guarantee,and Damage Protection so you can truly relax. Protect your payments in case Guarantee the rental meets you need to cancel. your expectations. Ensure you're prepared in case of accidental damage. Calendar Last updated: 12/08/2015 'Arrival (Depart I Previous I Next Check availability December 2015 1 I --January 2016 i February 2016 SUmMO TU WE TH FR SA i II SU MO TU WE THY FR SA 1 1 SU MO TU WE TH FR SA 1 En/1/I� 11/-4- -3--4s--5- _ f t�4- 1/-2-- i--6- -6- � -8--9- �� 42- 1} �� -6--7-� � -9-*0-1+*2-*3- 23- i#*5- *6-X17 1 18 19 {!{20-*2- *2- *3-*4- *5-'t6-i I i#' 15/ 16 17 18 119 20 20 21 22 23 24 25 26 ;4�48'40- 22- 21-22'.2-3. m 22 23 24 �® 27 28 29 30 31 II124- '25- 26- 13- 28 29 30 m 29 ■... 111111111111111111111131 ■u -_ U March 2016 i { ^ April 2016 } i May 2016 SU MO TU WE TH FR SA 1 1 SU MO TU WE TH FR SAISU MO TU WE TH FR SA 1 I 1 2 1 3 4 5 I I I -L ___ I-4-_21 1 1 2 3 4 5 6 7 6 7 8 9 10 11 12 1.3.. -4.- -5- � .7--8--97 8 9 10 11 12 13 14 13 14 15 16 17 18 19 '40. 44*2- 33- 24-45- *6- 15 16 17 181*9- 30-2-t- 20 2t-22 23. 24 25. 26= 17 CI 19 20 21 22 23 2 2 23 24•25 261 27 28 27- 28-39-30. 31- 24 25 jj 28 29 30 29 30 31 23 Available 1414 Unavailable 22 l Today'123 Selected dates Location (Feedback! https://www.vrbo.com/559448 12/17/2015 Relax to a Unique Vineyard View-VRBO Page 9 of 10 l Overview Reviews Rates Calendar Location Owner Info Photos 641,C3 Owner info Contact us Speaks:English Photos --A-Winterview to-the-neighbonng waterfront A Winter vievYl6QDfeffbibfalFldatkt6ftfattrvmevard A bright and airy foyer welcomes You home A bright and airy_foyer welcomes you home A oz fire lac for c Id Fa I d Wint r his A cozy fireplace for coo rail andP winter nights Living room with flat screen TV,cable,DVD StYa rnsgleoaato die 2CosnceffSoPleoS9YRé open The captain's chair in the living room A peek out aren Vr€la''Sdnpbal tig48410%e glass Stairs load GARW-QtrkftRIAflR,krdiSthS FiRPArbnnrant A nook ni aF4A9rcArgV,k4 rbArldrrdiRdfigo Mace dnrr Dining room seats 8-10 Breakfast bar Dining room seats 8-10 Kitchen includes a new gas stove,microwave and Kitchen includes a newrojigssaatrpmnrowave and prep Breakfast bar Relax to a Vineyard View' King bed beneath plantation shutters in the first King bed beneath ptalatehtlrtn,tttms in the first floor Relax to a Vineyard View! Welcome to Vineyard View First floor bedroom Welcome to Vineyard View tt bb h First floor bedroom AA modemsfiflrstrfloorrbathroomawithora n shower Second floor bedroom with king bed Full size bed in the third upstairs bedroom Second floor bedroom with king bed Sleeping alcove at the top of the stairs Full size bed in the third upstairs bedroom Sleeping alcove qktberfiropfjftetmeeccommodates Queen bed in the windowed basement Full 2nd floor bath with large walk-in glass shower Queen bed in the windowed basement Full 2nd floor bath wiWatisrgeathlit4d glass shower with Side yard with landscape lighting and 20 feet of Side4mousdyard with Iandsmelt i,fgtg rid 20 feet of t 'fa �Long Isiapb'nd ligotn ailsRa osothe front of Famous'Lona'sift]lWht5 i#xa tie front of the Screened porch Screened porch VRBO#559448 This listing was first published here in 2014. Date last modified-Sunday,December 13,2015 1 Feedback l https://www.vrbo.com/559448 12/17/2015 , Relax to a Unique Vineyard View-VRBO Page 10 of 10 View-more-of-the-HomeAway-Fa mily List your property I Testimonials I Advantages I Rental Guarantee I Links I Luxury from HomeAway I Careers I Product News Insider Guides provided by ©Copyright 1995-Present HomeAway corn,Inc All rights reserved Use of this website constitutes acceptance of the Terms and Conditions and Privacy Policy "VRBO"and"Vacation Rentals by Owner"are registered trademarks of HomeAway corn,Inc and cannot be used without permission. https://www.vrbo.com/559448 12/17/2015 • , ,. , ManSuropollAprylnn �I =mills, °8®" Discounts up to 17%**by $ta e r �I��II�J `��� combining Auto with Home, Renters or Life. /J ':0 (Contact Me►_ : r Nal av3i AW2. n,I gang . al/ I`X Login v Help v List Your Propeii i Greenport West, NY, USA Arrival Depart O I don't have dates yet Guests SI Search < Browse properties Home > USA i, Greenport West > VRBO Listing#559448 Llk® Relax to a Unique Vineyard View . Avg.Nightly$350 Photos Map Calendar =-- s�: - i Arrival "` 1 l ,,: f I Departure iIr I Guests(required) itt . :�,• .,;: t I Minimum stay 1 7 nights y, ' ` , 1 - fCc,, I r L Book It - - Get an Instant Quote `- 1 i _ Pay with confidence----- �J. --__ - a. mi. . I _ ,. .',It:Mt .4,4 r,, , ,,...._„,_.... 'Z' , -11:; 't. " 'i i��` `� _ When you book through the VRBO • <6'• -.6'r., checkout,your booking is backed by our /`' ._ ••...., r Book with Confidence Guarantee ' ' ` , Learn more Save to my favorites �" t''k-?`-' { m Reviews 27 tin min - J1i Sleeps 8 al -`:,, . . — - `., Bedrooms 3 01#AEI! '*�l _ . Bathrooms 2 - - - - -- •. - - - - • 1 Property type House Overview Reviews Rates Calendar Location Owner Info Photos 1 ))) Owner I Member since:2014 Speaks:English Internet:_ __— _-Yes Send email ---- ----------- ------ - --------- - Pets considered:- ---- ----- Wheel chair accessible:____ ___—_____ _ _ _-"_ _-________ _--_ __ _______ _ __ _____No , Response time Within 12 hours Property description Response rate --- 100% Completely updated and light-filled Cape Cod-style home sleeps 8. Please note that the home is not ideal Calendar last updated 04/07/2016 for young children. Enjoy dining alfresco on this beautifully landscaped 0.25 acre property overlooking the sprawling Add vacation protection services to your Kontakosta Vineyard; outdoor space includes a gas grill and a dining table for 8.This peaceful retreat booking offers visitors the best that Greenport has to offer:take a quick 15 minute walk to town for dining and shopping,stroll around the corner for a waterfront wine tasting or visit the famous"67 Steps"beach Three services to protect your trip: •l4>sated at the end of the street. Protect your payments In case you need to cancel. Inside the home,relax in an open concept kitchen and dining space that includes a large chef's kitchen Travel with peace of mind. with every cooking amenity you need; dishwasher,microwave,gas range and washer/dryer.The dining Ensure you're prepared in case of accidental damage. room has a cathedral ceiling and seats 8.The living room has a working fireplace,flat screen TV/DVD and WiFi. .'5 Get it now A cozy screened porch with ceiling fan and loveseats offers a peaceful spot perfect for morning coffee or catching up on a good book. The master bedroom with king-sized bed and bathroom are on the first floor.The second floor features two bedrooms with a king and full size bed,respectively,a sleeping alcove and bathroom with large glass State'FdilT1 shower.A Queen bed is located in the windowed basement. Living and sleeping spaces on the first and second floor have ceiling fans;window A/C units are also ' available.Linens and towels included. . Discount ' Bedroom 1: King up to 17%* by' Bedroom 2: King combining Auto Bedroom 3: Full with.Home, +Quueen,bed in the basement, Sleeps 8` rr� ,Renters or Life_ i' 'tipta.R1.4e0gitt3t.f( O. Please note that our town passed a new law requiring all short term rental contracts be for a minimum of . 14 nights.You are not required to stay for the entire period,but it means that your contract period will be ! for 14 nights and you will have the exclusive right to stay on the property during that time. Pricing is based on the number of nights you stay. Please inquire if you have any questions. J 1 ci:: Why VRBO if- 0 Build your best vacation ever ilt Escape the confines of a hotel From over 1 million rentals worldwide Enjoy the freedom of a vacation rental ThsSales Age,lea Mos rOOrt�e ilBook and stay with confidence tt Personalized experiences (Contact Me) Secure payments,peace of mind From online to on vacation advertisement Property Type House 1800 sq.ft. Accommodation Type Vacation Rental Meals Guests Provide Their Own Meals Suitability Minimum Age Limit For Renters: Not Suitable For Children: Wheelchair Inaccessible 30 No children under age 12. Non Smoking Only Pets Considered: No pets allowed. Bedrooms:3 Bedrooms,Sleeps 8 Bedroom 1: 1 king 1st floor Bedroom 2: 1 king 2nd floor Bedroom 3: 1 double , V R B O' Login v Help v , 'List your Property '' PmmtoftheHornomayFamily; _ - . - • - , . 6 Greenport West, NY,USA Arrival a Depart 0 I don't have dates yet Guests it f -Search � < Browse properties 1 Home P USA r Greenport West i, VRBO Listing#559448 Il`I (gi©ffi u Relax to a Unique Vineyard View f- 9 __ `\ -,..:„.,^,.. , Avg.Nightly$350 a Photos L Map, Calendar y ,C%'"l�.bs� ..a\ ' a m t 11 Arrival _ ilii Departure i' I \ [Guests(required) It tt; Y'1 C 1. �,�,`, Minimum stay 1-7 nights 5 ',t E' / Book,t h °, /' Get an Instant Quote ' r\ •ti .l . 1, j� -- - --- -----------"-'_- ------- ---- ,/-_�\ C.,7--1A `�' , /\ ! Pay with confidence ndir +`l \\,` \\`'\ ,_ o� 9a�. '� .. 4vtsA,` ', ,n...j } •'� 9 „,.....;,-...,,,,,\\.,‘ l }, ,!"---;"s°1- amu, :, so ...7";........-:--..----,1.,../ ' ,C dt--i.__ CI \ o.` (Met Point:So' 1 PoZ ?,i ``.� air �� -f -- 4 // PF fl i°i- �� _ ,.. ! t6 -! \,„;. •` When you book through the VRBO - -- ��'_ �. Li. ' 'o "--.ice p�%".�\ ;�.;, .. 9 f� °o Cy, '''----C\ PapQ\ -{i` - \� checkout,your booking Is backed by our )111 lr \' $o y fi:' \. iv \, / �: �ya ( a �� 0r \\` �f Book with Confidence Guarantee s \ 1-,10, a .%_cheF,,--,-;.- IF i , Learn more --- 6, ,i ,.�,/ ` ;__-- �/ �` -•\ g950.--- 11ah1 9,,,,o• #'°' - Easternn•Lona --z----:.'is.,;� -- Save to favorites - -- -- - /�c w` ,, �„r\4 �cA _ Island H_ospRt al '� - - - © my--- --- ------- inlet Pond ),/ lir o� �` )r ,jr ,',3 `--\\` '1 y_ ""✓}./! 'yd -- - -- - CountyPnrk a. �, c` ,%w � bsi�i L.�4• '' Stirling Basin Reviews �°T�,'^'i'F1�7- 27 0 \\ --'} ds° -Web ti, 11, _9ry- , �- �} eda�e} 1 dsi,i`- `lrsterLn9S�i /-:� r Sleeps 8 /� , t (c r''"i' 1 e`gl 1 \�' / IT Bedrooms 3 ��-,.� \ ,tr` ,� 11,1 �l , Pye ff �VV_Moores-0rstn--” J �.', .HortbS, 1--,,,,d,09 f Bathrooms 2 Gocgi,e , \1 Map data 02016Google,Terms ofUse Report a map error Property type House Overview Reviews Rates Calendar Location Owner Info Photos - - - -- - - — - -- Owner Member since:2014 Minimum stay: _ 1-7 nights + Speaks:English Internet:- _ - -Yes Send email t Pets considered: _ -- --- _ -- - - Yes --------- - - -- - Wheel chair accessible:- . -_ _.. _. -_ - No Response time Within 12 hours - - - Response rate 100% Property description Calendar last updated 04/07/2016 Completely updated and light-filled Cape Cod-style home sleeps 8.Please note that the home is not ideal for young children. • 6' SELL YOUR TIMESHARE �I�_��p� We buy timeshares.Does your timeshare qualify? g'1 Login v Help v List Your Pro 3e.i1 i Greenport,North Fork, New York Arrival I Depart I n I don t have dates yet Guests gt Search 1 < Back to search Home , USA o New York o Long Island • North Fork 0 Greenport • VRBO Listing#559448 Like M - Relax to a Unique Vineyard View = _ - x-r^� ^ :- . -, Avg.Nightly 375 i Photos Map I Calendar I l - 1 Amval xi j Departure - - r I I Guests (required) 2.1 Minimum stay 1-7 nights 44,,'„,•t!..- '-'' r s''',.".'' I Book It ,r o ;"b� s ^R { e.- -'''„-,;:,,i,--,'. s a a '- .,,-41,*'„:'':�. I, a r a., ;+ Detailed Price f + } i I .; : 1 ' `z.4F Pay with confide nce t$ ls 1 1 - - • - When you book through the VRBO -- ' ; checkout,your booking is backed by our Book with Confidence Guarantee Learn more - Save to my favorites ' . - :"c,F:d,-r't-„arf•r _ 1.11 .,t" "� f tiu" : M •11 itdILl ► r. *. k Reviews 7 25 `^3' ,__ _4 _. IA I Sleeps 8 Eva ills 1,, r . . o_y._r, I,,. IT{ t,,,,, <.' 1 Bedrooms 3 1 L .,' .Ji. > LI -----1.-,' 'I '' *� k 1 r -' __- .z 1 ( i Bathrooms 2 Property type House Overview Reviews I Rates I Calendar Location ' l I Owner Info Photos I I 111 Owner Member since:2014 Minimum stay: 1-7 nights Speaks:English j Internet: _ ._ - - Yes Pets considered: Yes Send email Il Wheel chair accessible: No — -- --— -- ---- — — Response time Within 12 hours Property description Response rate 100% Completely updated and light-filled Cape Cod-style home sleeps 8.Please note that the home is not ideal . Calendar last updated 02/11/2016 for young children. —----------------- ---- ----------- Enjoy dining alfresco on this beautifully landscaped 0.25 acre property overlooking the sprawling 1Add vacation protection services to your Kontakosta Vineyard;outdoor space includes a gas grill and a dining table for 8.This peaceful retreat booking offers visitors the best that Greenport has to offer:take a quick 15 minute walk to town for dining and , • shoking,stroll around the corner for a waterfront wine tasting or visit the famous"67 Steps"beach Three services to protect your trip: located at the end of the street. Protect your payments in case you need to cancel. Inside the home,relax in an open concept kitchen and dining space that includes a large chef's kitchen Travel with peace of mind. with every cooking amenity you need; dishwasher,microwave,gas range and washer/dryer.The dining Ensure you're prepared In case of accidental damage. room has a cathedral ceiling and seats 8.The living room has a working fireplace,flat screen TV/DVD and WiFi. A cozy screened porch with ceiling fan and loveseats offers a peaceful spot perfect for morning coffee or Get it now catching up on a good book. The master bedroom with king-sized bed and bathroom are on the first floor.The second floor features two bedrooms with a king and full size bed,respectively,a sleeping alcove and bathroom with large glass shower.A Queen bed is located in the windowed basement. Living and sleeping spaces on the first and second floor have ceiling fans; window A/C units are also available. Linens and towels included. Bedroom 1: King Bedroom 2: King Bedroom 3: Full +'Queen.bed.in-the,basement „..___________,—....:._________D V4 4 Sleeps 8 Please note that our town passed a new law requiring all short term rental contracts be for a minimum of ' 14 nights.You are not required to stay for the entire period,but it means that your contract period will be for 14 nights and you will have the exclusive right to stay on the property during that time. Pricing is based on the number of nights you stay. Please inquire if you have any questions. Why VRBO Build your best vacation ever Escape the confines of a hotel From over 1 million rentals worldwide Enjoy the freedom of a vacation rental ,a, Book and stay with confidence t Personalized experiences Secure payments,peace of mind From online to on vacation advertisement Property Type House 1800 sq.ft. Accommodation Type Vacation Rental Meals Guests Provide Their Own Meals Suitability Minimum Age Limit For Renters: Not Suitable For Children: Wheelchair Inaccessible 30 No children under age 12. Non Smoking Only Pets Considered: No pets allowed. Bedrooms:3 Bedrooms,Sleeps 8 Bedroom 1: 1 king 1st floor Bedroom 2: 1 king 2nd floor Bedroom 3: 1 double Fuentes, Kim - - - From: Salem Katsh <skatsh©katshlaw.com> Sent: Wednesday, May 11, 2016 3:26 PM To: Standish, Lauren; Fuentes, Kim; Neville, Elizabeth; Duffy, Bill Cc: Russell, Scott;William Ruland; Doherty,Jill;Jim Dinizio; Ghosio, Bob; Duffy, Bill; Kiely, Stephen; Buckner, Nicole Subject: letter to Chairperson Weisman Attachments: Ittr to ZBA 051016 23-23.pdf I am sending by mail to all as well. I faxed it to Ms. Weisman and Mr. Russell and Bill Duffy and asked the ZBA office to kindly distributed to all other ZBA members. The Town website does not have email addresses for ZBA members. : RECEIVED G4BA?Y0AcR31D3I201&ZONIN OF APPEALS 1 (090 KatshLaw LLC RECEIVED 65 Ryder Farm Lane MAY 1 1 2016 Orient, NY 11957 skatsh@katshlaw.com ZONING BOARD OF APPEALS 646.712.1347 (tel.) 646.417.5777 (fax) www.katshlaw.com May 10, 2016 Salem M. Katsh Attorney at Law Honorable Leslie Kanes Weisman, Chairperson, and Members of the Zoning Board of Appeals Vicki Toth, ZBA Clerk 54375 Main Rd Southold NY 11971 Honorable Scott Russell, Supervisor, and Members of the Southold Town Board Elizabeth A. Neville, Town Clerk 53095 Main Rd P.O. Box 1179 Southold, NY 11971 Bill Duffy, Esq., Southold Town Attorney Nicole Buckner Code Enforcement Officer 54375 Main Rd Southold NY 11971 Re: Cradit/Bloom Hearing of May 5, 2016 Dear Chairperson Weisman: I am writing following and concerning the hearing on May 5, 2016. We ask that Ms. Cradit's hearing be re-opened and that Ms. Bloom's Appeal be reinstated and heard. (09:Cs Introduction The purpose of this submission is not to repeat arguments made at the hearing. Rather,we raise basic concerns of fairness and due process, concerning issues the Board injected into the proceeding without prior notice, and as to which we were not afforded a reasonable opportunity to address. At the outset of this appeal, the Chair, quoting from our appeal submission of March 24, 2016, expressly emphasized that "[t]he instant appeals] raise0 a narrow issue of law concerning whether the Town's new `transient' rental zoning ordinance (§§280-4, 280-1110)) is subject to Code §280-121 pertaining to the grandfathering of non-conforming uses." • Despite the Chair's explicit recognition as to the nature of this appeal, the hearing proceeded in a highly irregular manner, contravening numerous procedural rules in fundamental ways. The Board's actions appeared to us as part of apre-designed strategy to deny these appeals regardless of the merits. We accordingly tender this petition and submit that, when one correctly disregards away the irrelevant matters that were introduced into this proceeding at the last minute, it is clear that there are no legal or factual issues in dispute and the Board must grant Ms. Cradit's Appeal and reinstate and grant Ms. Bloom's Appeal. Procedural Law Violations With respect, we ask the Board carefully to consider some of the fundamental due process /procedural law violations that were apparent at the hearing. 1. The law requires that, upon the filing of an appeal, the administrative official whose actions are being challenged must supply the ZBA with "all the papers constituting the record upon which the action appealed from was taken." NY Town Law §267-a(5)(b). Here, however: • The Code Enforcement Officer (CEO) did not supply counsel with any record and could not have supplied the ZBA with a true record as required by the law. Thus: o The record would have had to include the basement pictures taken by the CEO, introduced for the first time at the hearing. 2 c c3 o It would also have had to include the facts the CEO relied upon in finding, in her identical letters of January 21, 2016, that Appellants had, based on the "observance" of certain facts, been found to be in violation of the new short-term rental (STR) law when no rental contracts existed and the homes were unoccupied. o It would also have had to explain the CEO's May 4, 2016 to Ms. Bloom, purporting to rescind the January 21, 2016 letter to her, including what Ms. Buckner's "further investigation" consisted of. 2. The Board was required to conduct its hearing in accordance with basic due process requirements. Here, however, among other things: • No evidence of any kind was presented that Ms. Cradit had been served with a search warrant or had given legal, non-coerced consent for Ms. Buckner to enter her house or take basement pictures. • Ms. Buckner was not present at the hearing even to authenticate the pictures she allegedly had taken. Instead, by obvious pre- arrangement, the Chair invited Mr. Duffy to submit the pictures. However, Mr. Duffy could not be questioned about the pictures since he did not take them, and was not present when they were taken. The facts were thus covered up, as Duffy could not authenticate anything, or speak to any fact regarding the picture taking. • In point of fact, there is no evidence in the record as to who actually took the pictures or where the pictures came from. o Copies of the pictures were not given to counsel or the parties and to this day we have not seen them and do not know what they depict. o Nor, obviously, was there any opportunity, as required by law applicable to the ZBA, to cross-examine Ms. Buckner on any of the facts concerning the pictures. 3. The hearing may well have been tainted by improper ex parte communications: • Mr. Duffy told us that the Board was going to hire an outside attorney for the hearing of these appeals, since Ms. Buckner, whose 3 January 21 letters were at issue, reports to him. Apparently, one Vincent Messina, Esq. was hired to act as counsel to the Board in this proceeding. Messina thus became subject to the basic rules prohibiting ex parte substantive contacts between a tribunal such as the ZBA or its advisors, on the one hand, and any of the parties to the pending action.' • Messina, however, proceeded to wear two hats—one for the Town Board—the adverse party—and one for his ostensible client, the ZBA. • We believe that these parties together, devised and carefully choreographed the strategy to introduce a letter seeking to moot Ms. Bloom's appeal, and introduce irrelevant issues concerning Ms. Cradit's basement and her County taxes. • If these allegations have merit, the hearing will have to be nullified. and other actions and remedies,which need not be discussed at this time., would have to be considered. Ms. Bloom's Petition: Hide the Letter, Attempt But Fail to Moot the Appeal After several hours of hearing other matters,when it came time for the Board to hear the appeals of Ms. Bloom and Ms. Cradit, the Chair began by inviting then-unidentified lawyer Messina, to hand to us a letter from Ms. Buckner to Ms. Bloom, dated May 4, 2016. This letter purports to "rescind", based on "further investigation," the Notice of Violation of the short-term rental law that Buckner had sent Ms. Bloom on January 21, 2016. Obviously, we could have been given this letter at any time--on February 4, March 4,April 4, or May 3. There are no new facts. There is no record or evidence of any kind of"further investigation." Having sprung its surprise letter, the Chair then proceeded to read from Ms. Bloom's appellate papers to the effect that Ms. Buckner's January letter formed the jurisdictional basis for her appeal. The Chair then announced that Ms. Buckner's May 4th letter no longer allowed an appeal by Ms. Bloom to proceed. The Chair, assisted by Mr. Messina, then refused to allow me to address the Per an American Bar Association publication: "[Q]udges may "neither initiate nor consider publications/gp_solo_magazine_home/gp_solo_magazine_index/exparte.html 4 • 6,9 Board, repeatedly talking over me and telling me I had no right to speak on Ms. Bloom's appeal.2 The Board should read the Town Law more carefully. Ironically, all it did by generating and presenting a new Buckner letter was to create another appealable action. The new letter is an official "decision" of the code enforcement officer. It represents an "interpretation" of the Code applied to the facts relative to Ms. Bloom. It is a "determination", based on a factual "investigation," Buckner's May 4th letter clearly fits the definition of an appealable Town action under Town Law Section 267-a ("order... decision, interpretation, or determination made by the administrative official [in this case Buckner] charged with the enforcement of" of the Zoning Code). Buckner's letter makes clear that there still exists a very live controversy between Ms. Bloom and the Town. By its January 21St letter, the Town placed Ms. Bloom under threat of per day massive criminal penalties. The Town has not explained why the January Notice was ever sent, why that Notice was "rescinded", or why Ms. Bloom should reasonably conclude that the Town will not again bring legal actions against her (or would restrain itself from asserting claims for no reason, as was obviously the case with the now- rescinded January 21st Notice). Ms. Bloom has every right to seek and obtain a ZBA interpretation and determination as to this entire, bizarre situation. The shroud of secrecy under which the Town has deliberately hidden all facts relating to these Buckner letters underscores Ms. Bloom's need for this tribunal's attention and ruling. Mootness means that the controversy no longer exists, that there is nothing for a tribunal to decide. As just discussed, that is far from the case here. The Town's effort to moot Ms. Bloom's Appeal is a classic example of a tactic whereby injurious actions are taken repeatedly and then opportunistically discontinued claiming "mootness", in an effort to "evade [judicial] review". The courts have been "on" to this practice for decades and in such cases the controversies do not become moot under the doctrine of"capable of repetition yet evading review." See Roe v. Wade, 410 U.S. 113, 125 (1973). 2 Springing material documents on one's opponent at the last minute is an unfortunate tactic which,it barely needs mentioning, a properly advised, fair and impartial tribunal would never countenance. 5 Having, in an undue rush, improvidently dismissed Ms. Bloom's Appeal, the Board must now reinstate it, and hold the hearing and give Ms. Bloom's Appeal the consideration to which it is entitled. Ms. Cradit's Appeal: Strazvmen and Red Herrings Having disposed of Ms. Bloom, the Chair then moved on to obfuscate the nature of Ms. Cradit's appeal. While the appeals of Ms. Bloom and Ms. Cradit are in all respects identical, the Board allowed Ms. Cradit's to proceed. We pressed for an explanation of this confusing situation but were met with a stonewall of silence. The "narrow" legal issue on the appeal—"narrow" being the word especially emphasized by the Chair at the outset-- was whether the new STR law was subject to the grandfathering provisions of Section 280-121.3 As we established in our papers and in my presentation at the hearing, the answer to this question cannot be other than in the affirmative. In Southold, the STR law is in the Zoning Code, and Section 280-121 applies without exception to every use that was lawful prior to a new law. We further showed that STRs were clearly lawful until the new law was enacted. (Even the new STR law does not purport to affect the historical legality of rentals for 14 or more nights (which are by any definition also short term).) We proved by substantial evidence that the use of one's property for short- term renting had for decades been a permitted property use in Southold. No one disputed this. And we proved, as is evident on the face of the statute, that the new STR provisions of the Zoning Code were subject to the grandfathering provisions of the Code. And no one disputed that. 1 This was our case in its entirety. There are no other relevant issues on this appeal.4 So why did the Board not rule for Ms. Cradit right then and there? 3 We should not overlook the fact that the grandfathering provisions are not in the Code because we want nonconforming uses. They are there because, as outlined in detail in our appellate papers, the Constitution requires protection for those who justifiably relied on the law before it was changed. 4 Contrary to what some in the audience opined,we did not have to introduce a huge number of rental agreements. We attached one agreement for illustrative purposes to Ms. Cradit's sworn affidavit. We volunteered to submit more but the Board did not appear interested. We can still do so if requested. 6 The reason, we are forced to recognize by the conduct of the hearing, and as regards both appeals, is that the hearing was orchestrated in''advance, aided . . we believe by ex parte communications, with the objective of killing and/or, denying these appeals irrespective of the merits. There is no other way to ' explain the Board's sudden and surprise focus.on red herring issues concerning . ' - , " basement permits and County hospitality taxes. -The Board apparently wished , _ - to suggest that the right to be grandfathered depended on whether a particular - - - ' ' house was compliant with building permits and every applicable law. The - ' Board knows this to be a false, indeed nonsensical, argument. . ' But as the Board has introduced this new issue into these proceeding,we feel . ' ' - constrained specifically to address it. ' - - ' Specifically,the grandfathering provision of the Southold Zoning Code relates to a use of property by the owner, and if that use is legal, the owner may be grandfathered. The grandfathering right has nothing to do with whether the owner has legal problems, whether relating to the house or otherwise.5 The . Board seems to be playing semantics, but a "use" can only be made "illegal" by a specific law—as was done in the new STR law for using one's property for a , ' "rental of less than 14 nights. That "use"is now "illegal", whereas the,"use" of , the property fora 14 night rental, no matter if the property is missing a ' basement permit or is delinquent on County taxes, is obviously "legal". Apples and oranges. The courts have stressed that zoning codes must be strictly construed. . Sanantonio v. Lustenberger, 73 A.D.3d 934, 935, 901 N.Y.S.2d 109, 110 (2d.Dep't 2010) ("As a general rule, zoning ordinances are in derogation of the common . law and must be strictly construed against the municipality"); see also Matter of . r • Baker v Town of Islip Zoning Bd. of Appeals, 20 AD3d 522, 523, 799 N.Y.S.2d 541 . (2005). Similarly,another suggestion focused on 280-121E—"[A nonconforming use shall not be ' - reestablished if such use has been changed to or replaced by a conforming use." Ms. Cradit, however,has no intention of changing her'historical property use once her claims herein are upheld. In the meantime,of course, she must comply with the new law that carries massive ' - _ fines and jail time. There can be no waiver in such circumstances. Rosenthal v.New York I;ife ' Ins. Co., 99 F.2d 578 (8th Cir. 1938). 5 Even if basement use and taxes could be relevant to the grandfathering issue,in this case , Ms. Cradit's basement was and is a legal and habitable space. Ms. Cradit also collects ' hospitality taxes from her rentals. 7 ' The grandfathering right can be lost, but only pursuant to one of the express • clauses of Section 280-121. There are eight such clauses, laid out in very ; express terms, as follows: ` , - - - Section 2g0-121: Except as provided hereinafter, nonconforming Use of buildings or ' open land existing on the effective date of this chapter [or subsequent • ' amendment] or authorized by a building permit issued prior thereto, , , ' ` regardless of change of title, possession or occupancy or right thereof, . ' , , - may be continued indefinitely, except that such building or use: A. ' Shall not be enlarged, altered, extended, reconstructed or restored or , placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter, nor shall any external , evidence of such use be increased by any means whatsoever. B. Shall not be moved to another location where such use would be . nonconforming. . C. , - Shall not be changed to another nonconforming use without approval by , . the Board of Appeals and then only to a use,which;in the opinion of the said Board, is of the same or of a more-restrictive nature. D. , Shall not be changed back to a less-restrictive use if'changed to a more= restrictive nonconforming use. , E. Shall not be reestablished if such use has been changed to or replaced by a conforming use. F. Shall not be repaired or rebuilt unless the use is changed to a conforming • use if the nonconforming use is damaged by fire or other causes to the extent of 50% of its fair value. G. - Whenever a nonconforming use of a building or premises has been - discontinued for a period of more than two years or has been changed to' , , a higher classification or to a conforming use, anything in this article to ' the contrary notwithstanding, the nonconforming use of such building _ - or premises shall no longer be permitted unless a variance therefor shall ' have been granted by the Board of Appeals. (Emphasis supplied.) - • 8 - ' ' When we consider that these provisions constitute the actual law at issue in its entirety, the specious nature of the Board's apparent argument becomes crystal clear. These provisions, which explain when a grandfathering status may be lost, all talk very directly about the "property use"—has it expanded, changed, been destroyed more than 50%, abandoned for two years, etc. No one can seriously contend that these express clauses possibly contemplate a "property use" losing its grandfathering status because someone alleges the need for a basement permit. The Code lays down absolutely no requirement that grandfathering depends on the property having all relevant permits, or that the permits are all up to date, or that the owner must be current on his taxes. When we also take heed of the rule that these laws must be strictly construed— against the Town—does it not become clear beyond all possible doubt that, with all due respect, the Board's apparent new argument is simply absurd on its face? Conclusion We have herein addressed the new issues injected into the hearing, without notice, by the Board. What emerges when the dust settles is a very obvious conclusion: STR's represented a lawful property use before the new law was enacted, and Section 280-121 and the Constitution require grandfathering. The Appeals should be granted. Respectfully submitted, KatshLaw LLC By: • - •- - + 9 tt Salem M. Katsh Attorney for Appellants Lisa Cradit and Laurie Bloom 9 „." Ogs-xi RECEIVED Marilyn Anne Marks ZONING BOARD OF APPS 54300 County Route 48 Southold,NY 11971 Southold Town Zoning Board of Appeals Town Hall Annex Building 54375 Route 25 P.O.Box 1179 Southold,NY 11971 May 4th 2016 In Reference to the appeals of Laurie Bloom and Lisa Cradit, I wish to urge the Board to recognize grandfathering as a fair,traditional and required procedure. I am attaching a portion of the emails that have been made public by the Town Board.These and hundreds of other written and oral submissions in connection with last year's hearings give a flavor for the types of rentals that are at issue,the investments people have made in good faith, the injury to the Town if this activity were precipitously outlawed,and how this activity has been ongoing for many years. Also,the many alternatives the Board could have considered, and still may consider,that would usefully regulate the practice without banning it altogether. When I appeared numerous times before the board I asked them to consider an economic impact study before finalizing their decision.They refused to do so.Even if the law prevents an increase in short term rentals,we at least need to maintain the status quo.Not only lessors but many businesses are affected. One example: Last week I attended a meeting between the Long Island Wine Council Promotion Director,some winery owners and a group of Bed and Breakfast owners to discuss how we can collaborate to improve our mutual businesses.During the course of the discussion it was universally acknowledged that the vineyard businesses had been much worse than usual this winter. Our entire tourism business will be worse still the rest of the year. The fact is, if travelers cannot find a place to accommodate not just themselves,but their children, possible parents or grandparents plus the family pet, in a rental here on the North Fork,they will simply go somewhere else.And this, it seems,is what they are being forced to do, and the town's vitality will dry up. I am mystified as to why the town on the one hand encourages events and festivals, like the Tall Ships in Greenport,which alone draws over 20,000 visitors and yet has not addressed where they would like all these travelers to stay when there are only 600 lodging rooms on the whole North Fork, including hotels,motels and BnB's.Do they prefer that people drive through and go home? That seems to me like a horrible solution;traffic is already bad enough in the summer and on fall weekends.How much better it would be if at least a couple of thousand of those people could stay here for a few days. They would shop in the markets, eat in the restaurants and patronize all the other local vendors that have invested so much in our community. The new law is on the books but it is imperative to at least maintain the status quo. Sincerely, Marilyn Anne Marks Totnaszewski; Michelle • • • :.:._ From:` Candi,Harper•<reprah_11939@yahoo.corn> jeCoatO Sent: Tuesday, March 24,2015 il:OO'AM To:; Scott '.Subject:, Short Term Rentals Dear•Scott, I would,urge_Southold Town not to throw the baby.out With the bath when'it`comes to short-term` rentals. trent,my house,for a couple of weeks;each summer,but 1,have a,"very-strict rental.agreement that-limits the of people in the house and prohibits.parties. Summer rentals bring people to our area who spend a.lot•of money in our shops and-restaurants. We Append on tourism., 1 believe: with minimum rentals of 4-nights and limits,on the,number``of people in the•house based ori the true: .bed capacity, we can control excessive noise, partying and disruptions. We need to.be careful not to, impact our"economy with unnecessary restrictions. Thank:youu, Candi:Harper East Marion • i Standish,,'Lauren From: Tom Gluck<tgluck@giuckplus.com> Sent:, - Wednesday, March 25,2015 8:24 PM k"(t9i0 Russell,Scott Subject Shortterm 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, Tomaszewski, Michelle From Krauza, Lynne +0S-3 lK/ Sent; Wednesday,March 25,2015 10:52 AM To: Tomaszewski;Michelle Subject: FW:testimony/data on economic benefit of short term,rentals for code committee Attachments Testimony an Short term rentals;docx from: Ktely, Stephen ... .�.... .......... _ .. . _ .<...� .... . . , , Sent:Tuesday, March 24; 2015 4:30 PM Td: Krauza; Lynne Subject: Fvvd:,testirhony/data on economic benefit of short-term rentals for code committee 'Sent faun my$erixou lynole&4G LT 'sma tphone Original message Front-Abigail Field Date:03/24/2015 3:49 PM(GMT-05:00) To: "Kie1y, Stephen" Subject&testimony/data on economic benefit of short teen rentals for-code committee HiStephen Attached is testimony I will be giving the Town Board today if they have an open process,on short terMrentals,, and that I would.like the code committee to have. Please share with the committee. Thank you Abigail 1 1 1 March.24, 2015' 46d7 Dear'members ofthe Southold TownBoardand the Code Committee: My name is Abigail Field,I am an attorney in'Cutchogue, and T represent abouta,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, regtilation'©f short term rentals. Responsible regulation includes a permitting process that ensures the homes are up to code,have no mole guests than appropriate given the number,ofbedrooms, and other reasonable requirements-to.ensure neighbors feel secure that their quality of life is proteeted..Responsible ,regulation also includes consistent and.evenhanded'enforcement of not only a short.terin rental Code,but related..quality of life codes like noise'and light'ordinances, and transparency of enforcement actions taken.Responsible regulation would.irivolve a permit fee that 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 thehomeowners represent,as itis-how they can afford the mortgages,,they understand that is not a compelling argument for regulation that allows themlo continue doing short term rentals, However,°the-overwhelmingly positive; large economic impact on the Town of Southold should be compelling.: ,Asess' Y the.Econoinic rn act io#'Short Term,Rentals' Quantifying the economic impact is-not a straightforward,task,but we have gathered data that" illustratesthe large,positive economic impact. Short termrental 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:. I. 'I'he.'nid rity`of oitr°short,term rentals were weekends andltinsf Ulan tro.ceine a ahi, • The majority of rentals were short stays--one weekend-only a 57%=weekend d 33%-one week o b% -24-weeks a 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 Marcli24,2( 115 .(64 o 98%said they `rent again through VRBO and 100%would recommend the experience to their friends and fanilly 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 vias no longer-an option. This result also shows that while there is overlap between the B&BfHotel and short term rental markets,they are not the same market: Some eitedthe.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 theother;the people who Borne here via VRBO may well return for a roantic'weekend at a B&B,Or to take advantage of.a.given hotel's locatim on or amenities: 2. V RBO benefit's our local.econom with the serve",ed' tfi"4-4+enaiii_ an avec+ ` 04850'in tovvn.during their star(j 16L4650/91).-Givcia that Mit every renteenf_the Mitttters>doing the.stirvev"railed,and that Iess'tlian a tenth of the listed iopertiei Wel. involved,in the.survey,as a measure of total economic impact thatnumber is low:by at leastFan§order of nnagnitiide: $ 168,650 , TOTAL 55,000 dining out $ . 25,415 Shopping $ 29,300 tasting rooms 12,190 farm stands 9,900 Art $ 5,850 Spa 9,025 limo 2 'March24,2015 )C81 f 3 5,900 fishing 1;550: :carousel /rink $- 14,550 other entertainment These..nuinbers are small compared to'the totalimpact;-these replies were from someof the renters of less'than two dozen properties(some people-not my client also-sent the survey to their renters.,)There are 300-sucklistings in the Town;-quite plausibly the.true cumulative.econonhac iinpact:is more than 10 times the numbers above. 3. Notsurprisingly,dining'out was by far the largest economic,contribution:to our. town from VRB°°rentals `eery guest dined out:-'most,between 3-5 times-and.many.bpsinesses'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,ofguests dined at multiple restaurants or bars during:their stay. i. 54%visited 3-5 different establishment's 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%-BIue 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:iriorethan$1,000 4. However VRBQ renters also1generate considerable•foot traffic in our local retail. stores 3 • March 24,2015 i • Every guest patronized at least one local shop during their stay • 14%patronized a local.store(gift,clothing,jewelry,-grocery convenience,.gallery liquor)mote 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 snot just food and retail businesses that benefit,,so:da our:local 'armer'st ,artists and Other small businesses 81%purchased produce at a local far.stand. • 76%=bought local art or'handicrafts • 35%rented'local transportation tear.or litho) ,s 35%rode the Greenport carousel or skated on the ice rink •, 27%visited a local spa • 14%chartered a fishing boat - 1 26%of respondents spent between$500-$1,000 on these activities while,=2'1-% 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 Ts desire to return,,both'as a group of 7, and with other friends/relatives. • . .•...`...r�ua..wrw,.[r+w.w.r..r uwwwvar.Lrrwr.r.µr..yruwwMtra+.w.,uvluRwww phi MMw .r...,.4.r 4 March,24,,2015 AkiK3 A.U, 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"lie fold.US of this Possible;law, I hope-it does;not pass. I-mentioned-it in the survey but if not,for VRBO eve would.never have visited Greenport last summer and since discoveringit we've been back 3.more times. We truly love it there and given our.eircuinstances('Children, dog, etc) a hotel.or 13&B just doesn't suit our needs. We go into town a lot and bring in revenue that would not bave.otherwise come into the village. Thank you,again for having us at your home. It is was beautiful and we hada great time. Hi I would like to add, (there was no space for comments,)that everyone in my family()have five adult children,'a sister and brother,)received Christmas gift,baskets from Nines& Branches this-,past Christmas.and'I intend to order:to restock mrsupply.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,weurge 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 guality.of life of year round residents. 5 k(061C3 Tomaszewski Michelle Front Tom Gluck <tgluck@gluckplus.com> Send: Wednesday, March 25,2015 8:24'PM To: Russell,Scott- Subject: Short term rental Please allow'shortterm rentals of 7-days.We.have.been.enjoying a week in your wonderful town every,year fora.decade and would not be able to do so for weeks given our work schedules. Sent from a mobile device; 1 (01 3 TOOkSzeWsick Front: Scott DePetris, depetrisOportware,corn> Sent: Wednesday, March 25,2015 PM TO: Russell,Scott ,Subject:, Minium rental terms Scott, By way of quick IntroduCtion;1-wasborn and raised in Southoll and gradOatecr Southold HS in1995.-Manifamili members from the-Albertson side of my family still live on the North Fork. was told this evening that the town is' considering a 14 day minimum rental termforbouses,As someone who thoroughly enjoysViSiting:homebut can only do so for week long stays I hope this doesn't get passeth,week long,rentals allow more people to erfoYthe:rorth fork;eee .what it has to offer and create economic benefit fioreVeryone:Wanted to pass my thoughts as you think through this 'Ail.the best. Scat DePetris PresidehfandCDO Portware,•LLC 233 proadway, 24th Floor iNiew'York, NY 10279 Direct: 212-370-8359 Mobile: 917-270-3900 1 e(953 Standish, Lauren From: Scott DePetris 4sdepetris@por'tware,com> .Sent: Wednesday;March 25, 2015 952 PM, To:, Russell,Scott Subject: Minimum rental terms Scott, Byway of quick introduction, I was born:and raised in Sbuthoid,and graduated Southold HS'in 1995. Manyfamily ,members,from the Albertson side'of 'family still live on the North Pork: l was told-this evening thatthe town considering a:14 day rhinimuln rental.term for houses.As_someone who thoroughlyenjoys;visiting home but‘can_only do , so for'Week.iong'staysi hope'this;doesn't get pissed.-'week long rentals allow and e.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 l~loor New York, NY 1'0279 Direct: 212,370-8350 Mobile: 917-270-3900 1 } Tomaszewski, Michelle From: Janice <robjans2@yalioo.corn> Seht: 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 - j(0953 Tomaszewski,..Mchei(e_ - From: Peter Aronson <paronson@peteraronsonlaw.com> Sent:. Thursday; March 26,2015 9:38 AM Ta Russell,Scott Subject: rental,changes- Dear Mr,fRusseil: I love it in Southhold and look forward.to summering in your town for many years.to come. HoWever,.l have heard that recently Southhold,is considering,changing the'rental.rules;,requiring a rninimum;of a two=week rental,I,think'this•wou(d hurt the town arid force,many vacationers to-look.elseWhere.for their.summerfuri. Uhfortunately,.not everyfamily can afford to getaway from.work formore 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 AROIVSQN,LLC' .11 Broadway(Spite 61$), -New'York,.NY 10004 Tel:212-600.9531 Fax;.646=535-8743 E-mail;t aronsonOpettraronsontaw.com Website:w;rivw;peterarorisonlaw.com Focusingon Elder Law,•including Medicaid planning, Wills,Trusts;Probate and Guardianships. This 0-mail Was-sent by the taw•Offrce of.PeterAronson,PLIC.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.1f you are not the e-mail recipient,and you received this.e-snail;please.delete the a:mail from your computer and,please immediatel y contact the taw Office of Peter Aronson at'212-600-9531. Thank you. Tomaszewski Michelle Kathryn Manfredonia <elgwc1000680305@,gmail.com› Sent; Thursday,March 26.2015 1Q:47 AM To Tosnaszevitski, Michelle;,Standish, Lauren; Russell,Scott Wilharn,,RUland; Doherty,Jilt, Jim-DiniziO;Ghosio, Ipevans@ftshersislaodnet Subject: Must Stay 14-Proposaf,F'or Greenport Rentals. I-am writing to express my dismay at that the Town Board Is contemplating a two week minimum on rentals. am not sure what the motive for this would be,but-let-me tell you why I believe this is an awful idea-not only for the,Sinall businesses that anchor your community,but for the overall health of your localeconorriy; I am alesident of Manhattan and:my family has-been.renting a home-at Water Island„Fire Island,every year fat the past 20+Years.About 6-7 years agcs,we decided to mix it up a bit and started renting a home in,qieenP0 for one week in and we come back around the Maritime Festival."These family vacations are a highly anticipated way for our us to-reconnect'and spend time.together. I will tell you,that-between June and; September trips, I complete 75%of my-Chriatinas'shopping.in-Greenport,and buy all of my hostess gifts for the" yearrVe spent a fortune with White Weathered Barn,,Calypso and some oftheother small bnsifiesses.I-regret to tell you that my family will not be returning to.Greenport if the two-week mandate comes to fruition. I'am not.pire if you.are looking to attract higher incOme.tenants or trying to avoid groups:of kids,but I will tell you what I believe will happen should you vote in-this-regulation:Non-retired, upper middle income,professional people,are not taking two weeks in Greenporti. Never mind the financial ramifications of'a,two,week minimum, but who in the heck has the time?It is like putting together a jigsaw puzzle to simply find'one week where my sister, parents-,and my professional and personal schedules-mesh. We also will-not forego-our Water Island vacation-time arglaitertiately allocate that extra time to-Greenpoit.Secondly,I think,you:will find that many people whosign Up,for the must stay two weeks will offset the costs by splitting up the time and/or cost amongst larger groups of people—exactly what-you likely do‘NOT want.Our family spends a lot of money in Greenport.j would very much hate to see the economy of that adorable community, and her very talented residents; suffer from a terrible decision like mandating a-must stay 14 day rule. Kathryn Manfredonia Corgan 88 Greenwich Street, 1303 New York,NY 10006 Kathryn Manfredonia Corgan 3325 Piedmont Road,NE, 1501 Atlanta,GA 30305 41e.(0163 Tomaszewski, Michelle .., ... . - . From: Mark•Hunt<markhunt30@grnail.com> Sent Thursday,March 26,20152:25 PM Tb;' Russell,Scott Subject:, Short term rental code Dear Scott,. lam writingyou today to ask if you would consider keeping-the one week minimum for summer rental, i,love`the North Fork and have been spending a week during the summer with my family-in the area for several years. If the-seasonal rental requirement.were to change to 14 days,we could no longer afford to stay in your beautiful area. Thank you. Sincerely, Mark Hunt Sent from my iPhone 1 Tor.aszewski,,Michell+e __ _ - _ _ .. From:, Mark Hunt<markhunt30@gmail.com> Sent: Thursday,March.26,2015 225 PM To: Russell,Scott` Subject:. Short term rental code Dear Scott, - I am.w'ritirig you today to ask if you would consider keeping the one week minimum for summer:rental, I love the North Fork and have been spendinga week during,the summer with my family in the area for several years, If the seasonal rental requirement were to change to 14 days,we could no longer afford-to stay,in your beautiful,area, Thank you, Sincerely, Mark Hunt Sent from my iPhone • 1 -kg(53 Standish, Lauren From: Gregory•DePetrisVersonal).<gregory.debetris@gmail.com Sent: Thursday,March 26,201510:52 AM To: Russell,Scott Cc: William Ruland;Standish, Lauren Subject: Rental-Code- DePetrisJAlbertsoh Family Comment Supervisor~Russell and Deputy"Supervisor Ruland, Thank you for takinga-moment to acknowledge our comment ori,the Town's-current discussion of short term rental rules Our story may not•be unique,but we think it is important and would be extremely disappointed to find out,one day that having not shared our perspective,an important part of our lives'and connection to our hometown could be changedfor the worse. .Our family has`beenein.Southold nearly for as long as it;hasbeen.a.tornrn, Our parents,aunts,uncles and.cousins are are business owners,Fschool teachers,and retirees,and'ali_of us identify ourselves:with Southold as our farniliai,,"center. A few years ago;due to the rising cost of.living,.our mother was one ofthe firstin the extended faMily`to relocate,to North Carolina,leaving our now quite-large immediate fancily of thirteen without acentral residence'iri-Southold: Asa result of a cousin's local wedding ceremony,we were strangely forced`for the first time to.find a place that accommodate us,in our hometown. Through our local network,we'found out that a mutual friend in Greenport.had the capacity andthe ability tohbuse us. That sumrrier began a weekly tradition that's now in its;fifth year,a few byproducts of which include; -a new ge'neration of young children,who proudiy-wear.their Southold High School sweatshirts-around.the halls of Connecticut-elerneritary schools,telling stories-cif the.small town Where their parents grew,up and-frorri Where they'now identify themselves as descendants,and who begin counting the days until their return on the very day they leave. -an Ongoing opportunity for all-of us to return'home'and reconnect with the values,and physical touchpoints that,have corne.to-defineus as,adults, in additionito the people who are now able to reunite each s'unimer on the property we're, able to rent: -a chanceto realize,coincidentally,that our grandfather.(who.held-your office.for many years)-had taken action as supervisor.'generations ago that affected:the"familywe:now rent from�and to:explore that history together as people who carr appreciate the interconnectedness of the community'and continue as friends -a new series of relationships that not only connect us back to the community, but which have also tethered our children to the people and places in such a:Way that they are likely to also return fordecades to come We can go but suspect you understand our point None of us are familiar with the distinction between 14 daysind 7 daysof rental requirements,we just know that the proposed ordinance'would eliminate the opportunity-for its tb tip the things we can do today, We can't afford two-weeks of rent,but'we also can't afford not to return home to the thing's that matter'to us ail. Hopefully you,will find a way to ensure that-these good and enduring aspects of local life can continue,despite the impact of whatevercurrent and nodoubt transitory issues are forcing you-to consider alternatives. With sincerest regards and thanks for your public service, i- The FaeniivbfWayne.and Kathleen DePetrit 6tia'the.Fernikof Letter andslibrie Alia4t.b011)- A49(044K3 2 *(015(' Tomaszewski;-Michelle, _ . ..... From: Milt Leppert .eleppert@krausonline,com> Sent; Thursday, March 26, 2015 3:54 PM To: Russell,Scott Subject: Minimum Rental Terms Mr; Scott Russell, Please consider this a request to retain the present 7-day minimum rental period By way of Introduction, 1'am Deacon Milt Leppert of Manhattan, Illinois. I am a'Military Chaplain.at Abraham Lincoln National Cemetery,in Elwood, IL and my church.is St,•Patrick's in Wilton Center, IL My wife;.Juliet and (.have rented homes,ir►.the preenpdrt area previously, Due.to the demands and time,constraints of ministry, increasing,the minimum rental-to a period of 14 days-would prevent us fromtvacationing onthe Noith.Fork in.the future. Please consider this,request and enable us to continue to enjoy°Greenport and the surrounding area in:the months and years to come. + God's'richest blessings always, Deacon Milton and Juliet Leppert Home: (815)478-7146 "1 TOmasxewski, Michelle From: Sarah Poole"<poolesmObotmail.com> Sent: Thursday, March 26,2015 8:30 PM Russell,Scott Subject: regarding summer rentals in Southold bear Mr. Russell; I understand that there is an ongoing discussion in Southold.town regarding the length.of'summer rentals,and that one of the.options on the.table would be a 14 day minimum for.summer rentals, Tam writing to-share-my", concern with such an option arid the impact thatit would have,on families that regularly vacation in Southold. Myfamilyhas been'coming-to stay in Southold for the"past 6-years,since my daughters were ages 1 and 2. Our weeks-of summer relaxation and sun in Southold'haye'bec"om'e a'regular feature of our summer plans, and something-that we look.forward to every year., My'husband:andI both-workfulltime and do not have" significant amounts'of vacation"days,however,thathas,.never stopped us from'spending a week or even lung weekends.with:family and friends"enjoying'Southold during the"summer,. The flexibility that we have had to comelor a"few days orseveral has-meant that a summer vacation in Southold was.always,a wanderful,;fun, relaxing and affordable option. During our visits we also"regularly shop at the local stores and markets, frequent the restaurants and cafes,andgenerally enjoy the town and•the many wonderful'activitiesand services-it offers. lam afraid that our vacations in Southold would no longer be Passible if there;is a requirement_c f two Weeks.- I know this•concern is shared-by the other families and friends that have traveled to Southold with:us to share aYhouse,,orthat we have-met over the course of the.summers. Realistically,my.husband and I can not both take-two consecutive weeks,off from work. A minimum of a 14 day stay' would also-make the vacation significantly more costly,to the extent it would be Prohibitive. In simple terms,a two week minimum would mean that we,and many others,would no longer be able-to come tti Southold for our vacations: I hope that these realities can be taken into account,and that a,minimum (and certainly not a 14 day miriimurn)'is,not imposed. We are hoping that we will be ableto.keep Southold as an important part of our "summertimes this year,and years to""come. All the best _ Sarah 1 Lis Tomaszewski; Michelle From: Kate Grimes <mcmahonnyct7a mac.com> Sent: Thursday; March 26,2015.9:45 PM To: .Russell;Scott Subject:" minirriuin seasonal rental term Supervisor Russell, For 10 years I have been coming-to Greenport for our-family holidays. I row have,2 children.and we-enjoy everything from the carousel,to Aldo's,the vineyards,AL`Lthe,produce-stands in the area,,C.laudios,the Sandppiper,,SOuthold Fish,the Coronet(still:sad'about losing the Arcade..,).We all adore Greenport,,and-it has become"a big"part of our lives.This is where our family memories are made. We have -what-we consider-the luxury of staying.for a full'week in'Greenport. If you made the minimum seasonal rental term 14 days, we would not be able to take our trip to Greenport anymore. Please,for families like myself that corne and delight in Greenport in a most respectful way,please make the-minimum stay 1 days. Thank you kindly for your consideration,Katherine M'crnahon 220 Madison.Ave-,2C1; New York,NY-10016- (917) Y-10016(917)496-0683 1 Tornaszewski, Michelle From: Becki Wright <beckiwl@comcast.net>, Sent: Sunday, March 29;lois 11:35 AM To. Russell,Scott Subject: Proposed-short-term rental regulations Dear Mr.Russell, I'm writing to you from:New Hampshire as.I've recently.heard,of your plans to Mandate a 14-day,minimum rental,code and I'm very,concerned.My husband and l have family:in the.Southoid area and have rented property for week long vacations or long weekendsfot`manyAyears now:;Ourfamily doesn'thave:"room for us and our dogsand We've found a wonderful place we've been,renting for several years.novir,in:fact,we have already rented,this place far the last'week in July,2015.,We absalutelylove the areal We love-the farm stands,the wineries,the restaurants,the,people and the beautiful scenery. Increasing the minimum rental to.14 days.would mean we would no longerbe ableto visit the area,Over:Most people I:know, including ourselves,;can'ttake 2 weeks ata time off from work,Even if we could,we would neverspend:all of ourvacation time inKone placepr,in One-chunk: I understand the concerns of the residents, However,in•the many year's we've been.visiting;We've.haven'tseen:Or heard evidence from our family of these'party homes'.I'm,notsuggesting they don't,exist,but think you'd be hurting far more people than you'll be helping with a`14-day minimum rental.Not only-will you be hurting local.businesses.who benefit from vacationers like ourselves,but.you'Il also be hurting many homeowners who rely oh the rental incometopay their.pr"operty.: taxescxlt's much more difficult for-hoifieowners.to rent in 2-:Week increments.As I mentioned,most folks vacation for One: week at a time.Increasing to 14-day rentals limits access to the area to a much smaller,elite group of folks.It will be more,like the'Hamptons.One of the reasons.we love the North Fork so much is because it is_NOT the Hamptons: I'm urging,you to please make the minimum rental.requirement 7 days so wecan continue to visit you're lovely area. Thank'.you for yburconsideration: Sincerely, Becki'Wiight 1 (09 53 iTomaszews Id,,Michelle_„ . ._, From:, Lesser,Michael Michaellessergunh.edu> Sent; Thursday,March 26,2015 8:03 AM To: Russell,ScOtt Subject: new'short-term rental regulations Pear Mr'Russell,I am writing because rtiy wife and.I have,been.wstching from afar about the controversy in Southhold and other towns on the North Fork regarding short-term rental regulations For Well,oVer tWentY years;fly family has liVed on the North Fork. My sister is a local school teacher my Wril.-and'Dad are retired there• Tv13r:vifi3 and I regularly visit my family in the summer and We use short:-termrentals of1-2 weeks which,fitanur time availability with our work seliedules'and our budget constraints We love visiting the area to see our farnily and we always have a great time there/'While I understand the concerns of year round residents,and'in no*ay do IWO ctiniedfai_aoinecino:"froniawa?telling reSidents What they should, do IwoUldenconrage the variouS'representativeSlo move carefully for the mutual benefit of For us atandatorY2 Week minimum,or longer,would definitely limitour visits there because we are able to rent the Sante 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 lupine in the Hamptons suggests tome that that is what you will get;the Hamptons. 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 contiderable. Again,I understand'thatthe resideritt have, concerns but.1 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.,Itegards,-Michael-Lesser, Michael i:',i .Z40,6401.0.. 13:es- earcii,Pipfe,ts.sprot Marine Science 'SciiOol of Marine:$cience and Ocean Engineering, University ot$e*HaniNhire Durham,141. 03824 inplO,Nnih, dit 603-8623442 Office 603-862;,1215 Liik ,603-862-2621 FAX littcdititebtAnth,edttifaeultyllessor . University of gi New Hampshire ..,. 1 *(09 Standish;:Lauren _ . Frolic Lesser, Michael <Mithaellesser@unitedu> Sent,: Thursday, Match 26, 2015 8:03 AM To: Russell,Scott Subject: new rental Dear Mr Russell;lam Writing because my wife and I have been Watehing from afar about the controversy in Southhold and other towns;on North Fork regarding 0161i-term.rental'regulations; For well over twenty Years,my family has lived onlhe North Fork My sister is a local school teacher and my-Momand Pad 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 schedulet and our budget consttaints.We love visiting the area to see ow-family and we always have a great time there! While I understand the concerns of year round residents,and in no way doJ Want corilebff as someone"from awelellingresidentS what they should do I would enCeilrage the various representatives to move carefully for the Mutual benefit of all. For us,'a mandatory 2:week' minimum,or would definitely limit our visits there because we able to rent-the same place thatallows pets to come at.a reasonable price: Our dogs,are our children and we dbn't,leave them vOth.anyone.Adopting rules as are an place an the flattipton!§suggests to-methinthat is what you will get,the Hampton's,-An elite,high-end,rental area-where only a limited 'number of people will have aoCess. On the economic end we spend-a lot of money loCallY as'well as the rental costs so the cumulative contributions to the local ethnomyhy rentetishouldbe.eonsidetable •Again,I understand that the residents have; Concerns but rthou-Oit it might be useful to hear from someone Who loves thecormininity and the ability to visit our family and how it might affectusas-well: Thank you for your time. Regards;MichaeMesser Michael P.Leiser,PhD Research Professor of Marine Science school of.Marine,Science and Ocean Engineering University of."'iiew Hampshire Durham,NH 03824 .mpl@unh.edu 603-862-3442 Office 693-862-1215 Lab -603-862-2621,FaX leilittfaditl!yilesk6r University of (31, WeweganipAire 1 41196TP Tomaszew,ski, Michelle •_ _ From: Paula Wright <thewri9htthings@verizon,net> Sent: Friday,March 27,2015 3:58 PM To: Russel(,Stott Subject; Short term:rentals My family and I are some of the'folks who avail ourselves of the opportunity to_rent a'property in your town•each`summer,for 'a week. During that,time.we often.eat out atyour restaurants,purchase food.at the farmers markets,and shop.in your lovely stores. If the.code it.changed to require,a two week rental_,we•will no longer be able both afford the time and the cost to•contititie this plractice. this,would be,Very unfortunate, As,a matter of facts we have already reserved<and:paid our rental for•this coming July If the rule is changed;and properties are not grandfathered in,what will become of our scheduled vacation??? I hope that More sane heads will prevail in this matter. Paula Wright 'tlicwright*hings uEverizon.net s, Tomaszewski, M'iclhe�le From: Karen Rivara <keeno59@optoniine,net> Sent: Saturday,March 28, 2Q15.9=31 AM toc Jim Dinizio;Doherty,Jill;ipevans@fishersisland.net;Gtiosio,•Bob;William Ruland,_, Russell,Scott Subject: Short term:rental Dear Supervisor Russell and Town Board Members,.(am writing to support a,7 day minimum short term rental- for Southold Town properties.A 14 day minimum would discourage.many tourists and leave them withJ'ess choice for;accommodations In our town These.shortter`rim rentals fill the need=for accommodations in our town,and alleviates the need,to build larger hotels:Tourism,is an important economic.engine in'our.town. Many tourists come to enjoy=the scenic beauty,farms and wineries.Agriculturerand fishing support tourism and:tourism supports.agriculture and fishing.This positive feedback loop is an important economic engine for the town. Thank you,, Karen Rivara t jai 53 Tomaszewski,Michelle From: Clyde Sanadi <clyde@sanadi.com> Sent: Sunday, March 29, 2015 10:28 AM To: Russell,Scott Subject:, Seasonal rental Code Attachments: Scott Russell:pdf TO:, Mr. Scott Russell Supervisor;.Town.of-Southold From.: Clyde Sanadi Pate: March'29,.201 5. Re: ,Seasonal Rental Code Dear Mr. Russell, It has•come to:my'attention'that'the Town of Southold is discussing the merits of a 7 day seasonal,rental-term, versus a seasonal rental term of 14 days. As a•.member of^Tall Ships America, it is my plan to visit.Greenpart in July,when the fleet,comes.to:Greenpdrt, as,t.did the last time the tall ships,carne to Greenport.Withsuch a rich maritime history, it is nice to see a' fishing'village as a port of call, rather than always a big city., Many of us who support sail-training are planning to come to Greenport for the Tall Ship week again this year. http;l/u"vu w.Sailtrainit.cirri/tallshi•6/2015atlai tib/zrSC26[5l''dekci•ha' Every year, it seems many of us in,America get busier and busier. It is hard enough for many people to carve a week.out of their lives, let alone 2 weeks. Most,anyone would consider a few days to be transitory,.but if a family or a group wants fo visit Greenport for a full.week, I:think that ls nptiransitory. I urge you and the board to use 7 days as.the term for seasonal rental Sincerely, tc"f ,t.Yr', h---ic>.,r-rrooti. vo c c, e ' i'4' f7r' :w ^ii n 1 �rf•'f U"&7 C`Yrhf3r"4i tap�.4 F't3'S a �� ;T; "1.11 G i-4 ` C �a .i,or��tic Cap 1 0: �• _ Cr, �Ft sit. '+ s Clyde �aiadl iP.4 4 . ,t 6110 Rain Brier Court , t i_` t, . Temple Terrace, Florida 33617 ,$.4 we., r NYranLtir ms. .tt�" , .,.4 f 1 :. CJdy.t.� .:*-.;q4,70 Z ^ 3 ItkJ , ' su>r�xx.. �Mt4 '' . cr 4aSt Nom.: . yyp .y�^� est,;#7 t-�. :t �01,;, ,4 L't-,ri,N iu u ilrxf " 'toice't H'ocrot,ire AtkwNlc • '-acuan._axtmErns1•1 ire;ttw,16"*T jr a try Lol=oyatt&'th prep ofd , J'. x 'calebrati g ttw 1M tork rerattanatNp •,�,,,,,. a 'Tomaszewski; Michelle Pram: Patty Weiseofeid<patty,weisenfeld@gmaicorn Sent: Sunday, March 29'„2015 7:15 PM I o: Russell,Scott Subject: Please make seasonal rental minimum 7 days Dear Mr.Russell I am writing.as.a,frequent vacationer on the North Fork in Southold Town. Our family routinely tenets for a.7 days period—sometimes that's all the vacation time we can get:together' We'd he sad and;disappointed,to loose many ofthe wonderfuistayswe've had in homes with a 7'day seasonal, rental.Please make 7 days the.minimum seasonal rental term—why the'piopbsed change? Sincerely, Patty Weisenfeld 102 West 80th Street NY NY 10024 1 1 o 6-3 Tornaszewski, Michelle From: - Donelson,Sophie <sdonelson@hearst.com> Sent: Sunday, March 29;2015 6:08 PM To: Russell,,Scott Subject: Minimumrental term HI Mr. Russell, I'm.writing'to request that the seasonal'rental term for 2015 be 7 days—we are longtime renters In Greenport and we'd' like to keep it.thatwayI We love the community and-hope to continue to.have this shorter-termIental option. Thanks far your time, Sophie Donelson Sophie Donelson editor in Chief House,Beautiful 300 W.°57th St., Fl.27. NYC.NY 10019 212-903-5224 I sdtineikoriOhearst.00Ifi @housebeautifui.@sbphiedow' 1 *(81<3 .1,1-1‘.: •1.1 Ralph Pugliese Jr March2015 Po pox 481 CniCliogne,,NY 11935 , 6314314.056 7-7‘:aCIE ov R-1 1-1, ARA ,2,z015, tumaisows,afficE Dear Scott,. TOWN Of SUMOLD, 'recently learned the town,is looking to-curb short term rentals.As'Tana not a good speaker, and would have difficulty voicing my opinion ata town board meeting, 1 chose to Write,taking your time up which,I'apologize. I have a house in Cutchogue that took me-many-years to finish building And last summer rented it on,and:,off.,I would not be able to Ave,here in the, future if I.did not rent the hOuseI have no pension, and my social security would not be enough to cover the taxes:I had no problems,through careful screening of irkittiries-,on.Hoineaway. The shorter the term,the more People'spent by going out to restaurants,wineries,and stores. Landscapers, Pool companies,ancl,cleaning services also benefit,'hi pny opinion the people. who fent homes are not likely to Stay at a hotel or a:tab.-It would be dif4eUltfor4 family to rent,fOtir roOins at either.ahOtelorb&b'Eind,?.affOrd .anythitig:elSe.-,For.Christmas in the,pasawould rent'a-house inVermont for the family for three to four nights. All great tnemOries of seeing my nieces and nephews learn to ski,,and,spending time with.everyone. This is what.is greataboutshort term rentals;I have never taken alwo.,Week vacation in my life; anal don't think many people have. I have a.house in Westhampton that Iused to rent for the Summer Season.. You rent for the Summer to the same people,-whichislegal in.the- Town of Southampton,but if you,geta bad bunch,the neighbors;are not- happy,but it is fine in the town's eyes.I started renting short term there which is more work;-and.inthe past,four years I had-oneprobleni,which was my fault by allowing minors to rent the house because the parents said I would not have any problems with them I am conscious of the neighbors; and of course you don't want to upset them, If the town would make.a set of codes that the renters wOuld have to Sign,it would put indre repoiiibility on them. I feel by carefulacreening-homeowners can rent short term to good people. "feelWoUld a mistake to.eliminate short tem rentals, "do not s think a rental permit which coSta 150.00 every two years in Southampton is enough..1 think'the town should requirea yearly rental permit, charge a tax, k(09,53 Which can be paid through a website,,and have a list of codes that renters must`sign_arid :abide to; If a hoineownefis careless,"and problems constantly Occur,they.should lose their right to rent I do not feel the hotels or B&B's are suffering in the'summer; and from what I have heardthere are not` , enough;places to stay in the Summer months.All of us starve in the winter. We are fortunate to live in a town that attracts as many people as it does,and this will keep real estate prices'up and:help all businesses. I feel the'good outweighs the bad and by the town makkiiig.smart decisions everyone can. benefit."Southampton and Easthanipton,do hot have it right and I hope •Southold"will-be a leader: Thanks for your time Scott,happy to see you are seeking a fourth terrri! Ralph . qV�r Tomaszewski, Michelle' ��// VV// From: Mads Svendsen <mads.svendsen@undp.org> Sent: Thursday,April 02,2015 5:43 PM To: Russell,Scott Cc: greenportwaterfrontrental@gmail.com Subject:' RE Short term rental code Southold town public hearing April 7 2015 Pear Scott Russell, I am writing to you to make a plea for Southold town to go for a one-week minimum(and NOT a two-week minimum). My family and I (we have two children the age of 5 and 7 years old) have been renting from Pat.Nelson for many years now for a week at the time. Over the years we have come to truly. appreciate Greenport(and Southold),its nature and people. Importantly I'believe we have helped the economy significantly during our visits from our local provisioning, restaurant visits'and trips to wine yards,local farmers, etc. Had atwo-week minimum been in place we would have not been able to visit as often,given school holidays as well as cost, and it would, I'believe- on balance- have been an inferior outcome for all parties. T know many families are in the same position and that a change in this regulation would have a wide impact. As such.I repeat our strong support for a one-week minimum in line with the NY state 'minimum. Many thanks in advance for your consideration. Best regards, on behalf of the whole family Mads Svendsen 1 1 4 Mads Svendsen ;(0g 3 ;a * Coordinator of the Management ConsUlting Team Surest)of Management - United Nations Development Programme 1.1.4k. - V- ni ads.svendsenfi tindD, . : Office;+1 212 906 8538 •"'--� .': Skype ID:mksvendsen ''U . : ' ':' NI .„.. ;, x r irk �. 2. , ,,, ,,,.. ''D''' ''' 1"' :,......t,f, , ,,,,,,,,„.,..,„ .Empoworeel lies. esilikn t atiibns. 2 . • (C),(30 Standish, Lauren From:, Yehudit Moch <yehuditmoch@yahoo.com> Sent:' Friday,April 10,2015 4;02 PM To: scott.russei@town,southold.ny,us;louisa.evans@town.southold.ny.us jilt.doherty@town.southold,ny.us robert.ghosio@townsoUithold.ny.us james.dinizioetown.southold.ny.us;william.ruland@town.southold.ny.us; michellle,tomaszenski@town.southold.ny,us;Standish, Lauren;Kiely,Stephen Cc: Judith Ullman;Abigail Field Subject Please Approve Short-Term Rentals 'Dear Southold-Town Board Members, We are writing to you'as second home owners of a.cabinin Southold, on Great Pond.We rent it out part of the time, use it ourselves when we can,and love itall the time.We are growing roots out on the North Fork. We hope'to retire there'sometiriie in thisdecade.Responsibly renting it outsometimes is the only way we can afford it now.We,and our renters appreciate the nature of the North Fork and add to the local'economy ,explori.ngit's wonders. Reasonable rules can be worked out tothe benefit of the community, The.realtor we bought through told about the ease of renting the cabin,short-term.,This was an essential part of-our financial calculation of our purchase.We maintain a one week minimum in the season off-season weekend'rentals are the norm. Hardly anyone rents for more than a week.A two week minimtim.would force us,out. Southold,second homes would become the playground of the rich. Weekend visits can'serve as an introductory gateway to the North Fork. We first came for a weekend bike ride which transformed our lives.We came out a few other weekends and had not beenout for more than three days at a time when we decided to explore buying.We went around Southold with local realtors and felliin love with a property on Great.Pond We rented the cabin for a few weekends before we bought,it. 0ff-season most of the people who rent frorn us come for only a weekend. Most couldn't stay longer then. If you were to restrict these rentals our cabin would mostly be empty,which brings the risk of vandalism.Southold businesses benefit'fromoff-season weekend customers at a time when business is generally slow.We understand that there is concern about constant turn over. If you let there be one rental in a seven day period that issue would be resolved. When.we.bought our cabin, ithad been left unoccupied most of the time for decades.The longtime owner was,in their nineties and living far away.Their family annually came for less than a month.They had not made any investments in the_property, It was neither heated,.nor insulated,,nor up to code in many ways. We spent around $3.00,000 upgrading the space. We used a local architect,contractor and suppliers. Excellent help by local people cleaning the cabin and keeping up the grounds enables us to maintain it. We appreciate the protection by Southold of environmentally sensitive areas by the water. Over half of our property is wetlands, and we see ourselves as guardians of nature there. It is an amazing peaceful place.We have watchedbaby red-winged blackbirds;frogs and fish flourish there. We have a small beachfront area and go boating and swimming,This year and last we enjoyed watching people ice sailing and ice fishing on Great Pond. t Icfl�3 We have been putting deep roots in Southold.We've cheered at holiday parades,teared up at the cation 'of thesouthold Volunteer Fire Fighters Memorial,eaten at fund-,raising events.We got irivolved.with the, Greenport synagogue even before we bought our cabin and are active members.We got married there and: welcomed the general community to attend through our wedding announcement which we proudly ran :in The Suffolk Times'rather than in The New York Times: We got our fifteen minutes of local famewhen they .senta reporter to cover our wedding and put photo of it accompanying an article. Friends and family visit..Part of why we bought on the Fork is that our;family.lives.°Up island'_in Suffolk. Pumpkin picking is partof our annual ritual with our,nephew.Our favorite spot anywhere is,lying in our'hammock looking out on.Great,Pond. People:who seekto rent our property through online sites.have seen our photos and read_descriptions of 'it The people who want to come and.stay at our simple two bedroom cabin are looking for a:peaceful retreat near the water. Renters have included individuals,couples,a few friends and multi-generational families. We always interact with the people who rent from us in advance to screen them. Only once were we approached by someone clearly wanted to have a noisy party and we turned them down. We get along well with"our neighbors,and have given them our phone number in case an issue comes up with our guests: Nothing has ever come up.We check with our neighbors about that regularly. We provide articles about local history and sites,tourist magazines and brochures from the Southold Tourist office. We send our guests tips about some of our favorite local places.Our guests explore the area.They spread a lot of money through the Southold economy.They eat at restaurants a lot and explore thewineries and shop,go to,shows,golf or go fishing. Some of our guests have returned and brought other family,and, friends with;them,who in turn have rented as well, One couple is now trying to buy a home of theirown in Southold. Many ofour-guests bring dogs with them. Frequently,they tell us that they would not come on,vacation avail if they couldriot have their dogs with them.We send them a copy of the Southold Town dog-regulations and a listof the;public places they can walk dogs. During the.summer season,we maintain a one week minimum.If you make the rule for two weeks,it would snake a vacation in Southold prohibitive, both in terms of price and time commitment.Most Americans do'not even get two weeks'vacation.We understand that'as a Board,your overarching concern with rentals is the quality of-life in Southold. We respect and appreciate your efforts. We are also concerned about.what our community will be like in the future. If you restrict short term rentals,the nature of the communitywill suffer a's will local businesses. We are older,middle aged, working, saving money and looking forward to retiring at our cabin within a decade. Please allow us and our guests to continue to.be able to enjoyail the wonders of Southold. Sincerely, Yehudit Moth and Judith Ullman Yehudit 2 LE., May 22;2015 MAY 2.2 2015 x:< . . Scott Russell,Town Supervisor SUPERVISOR'S Southold Town Board OFFICE, 'J� TON PAF SOUTli411) ��'�6 53995'Main Road, PO Box 1179 Southold, NY 11971 Dear Mr;Russell: f support short term rentals in-our town'because:[firmly believe that it's good for our local economy and benefits local business: lam a.Greenpork homeowner.of'nearly 1'O years and last year I listed my property braline,at VRBO(Vacation-Rental by Owner)for the.first time: [.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 5,O yeers. As you determinethe right course of action'in-passing,,new,ruies governing short term rentals, :phase bear.in`mind that'most ofus are responsible owners-and go out of our'way"to.be sensitive to the concerns of the.community,:cI,like the'vast majority,,or 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 myguests that are tougher than what the law or community requires for residents:.'1 carefully`screen each of jmy prospective guests. I require a copy of their driver's license. I limit overnight guests to twoper.bedroom and require the names.of every overnight guest.^l'also require:a signed contract signifying adherence,to strict rules governing usage and'iconduct. 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. o My guests are mature adults who are genuinely interested in enjoying all of the wonderful • things:our corrimunity 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 carne back basedhon 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'shome. •' I am fastidious about upkeep on the interior and exterior of my home. I have weekly visits from mylocal'landscaper and local housekeeper,.I pay extra for back-yard trash pickup from North fork Sanitation soas to maintain'the beautyof the home's curb appeal, k 690 • 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'thinkiny homeowner would diminish-the,value of their property, and:by association that of their neighbors, by renting irresponsibly! barn in close contact with.my neighbors and speak often with them to ensure theyaren't inconvenienced. I_encourage;them to contact me if they ever have any problems_so thati tan remedy-them imniecliately; 1 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 1 have shared with you about my home-and my short term rental_practices in this letter, I;hope.you can appreciate-how important it isto seek balanced and fact-based opinions on'this issue. l 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 nionths.a year all;of my guests are weekend stays. Only 1/200 requests were for a two week or longer stay. Ih summary,,I respectfully ask'that you: 1,. po not,let hysterics and.afew bad apples distort your view of the short term rental opportunity. The overwhelming majority,'ofowners go above and beyond to act responsibly and support smart-regulation.Those that offendshould be identified and stopped:'But characterizing.the entire practice or-all Owners-as irresponsible.is a Mistake. Short term guests spend.money during their staySeating 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 considers ass Cradi ' I ,Standish; Lauren From: Debra,Barford <dsbarford@yahoo.com> ,Sent: Monday,June,01,2015'5:44 PM To: William Ruland; Russell,Scott;1pevans@fishersisland.net; Doherty,Jill;Jim Dinizio; Ghosio,.Bob;Standish, Lauren' Subject Re Proposed rental.limits in Southould We have heardthrough the owners of Cabin on the Pond cottage in Southold that,,the-council'is, ,proposing to impose various limits oh individual residence rentals, 'My husband.and`I, as well as‘my daughter and herhusband,have rented et Cabin on the Pond several times, and have really, enjoyed our time there. We don't tend to be-the typical tourists who see ell the sights, but,love to stay close the tO cabin, spending time on the pond or reading,in the hammock. We tend to patronize the restaurants and coffeeshops in Southold, and pick up.our groceries in the local supermarket. We enjoy being able to rent for.a long weekend,,rather than being-forced to rent for a whole week or- even two weeks: Especially in late fall and winter, itis a beautiful place to kick back and enjoy a sloWer.pace. We love-the-fact that Southold is not a usual 'tourist' destination, and that the pace is slower-.on-the • North Fork,, with more rural areas, and we definitely would like,to 'see the ability to rent for shorter tirries continue in.this area. Judith and Jehudit are gracious hosts, and very hands:on in the way they run their rentals. We feel -very.comfortable renting from them,'and hope to visit again, Respectfully, Debra,Be rford Chicago, IL 1 , 4(0C1153 Standish; Lauren From: Serena Liu <snisliu1@yahob.corrr> Sent Monday,Jurie.01,2015 3:25 PM To Russell Scott,William RGland;Ipevans@fishersisland.net,Doherty;,Jill,Jim Dinizio;: Ghosio,.Bob;Ghosio, Bob;Standish, Lauren Subject: proposed rental limits iri Southold To Whom"It May Concem, I anlwriting,t, express my tiSmay a(hearing,the news that Southold Townisaplanning to limit short terra-rentals of residehfatpropeity.I have been a repeated'guest:afthe."Cabin on the Pond"on Soundview Ave,owned by Judith Ullman and YehUdit•Moch.,l-live and-worK, in New York City,-but'the,North Forkis one:of my favorite places to spend Weekends,mostly in the off-season(I:like to comein the, autumn and winter„but,have also.come at other,times;most recently this.past March);In previious'years,:1 would,typically stay in:a hotel in Riverhead,but found that a,rental house offered'me more:sp'ace,privacy;and room,for my dog to stretch his-legs,as well as more 'proximity to,the areas'i like most on the North Fork.]have come.to fall in loves"with Southold in particular,for its peace,beautiful -landscape,-and the"friendliness of its residents.My last visit,l•was joined by_my brother and sister-in:law,both•ofwhom also fell,in love with tho area,(really, who wouldn't?).'in'truth,'I have entertained-ideas of eventually buying my oWn borne in the region! While I ant if the Cabinon'the Pond,I,am meticulous about caring'for the property,and ensuring that-I,my dog,and any guests-do not cause a minute's worth of inconvenience to'the neighbors,or any-othertownsPeople-.Any responsible renter would dOthe,same,and any:responsible landlord' an and should take the proper precautions to limit the number of guests,screen potential applicants vigilantly, penalize guests who cause problems as a means to-deterring them from future visits,:etc. As a frequent visitor,,)have contributed'not insignificantly to th local-economy.l.have eaten countless meals at Brilc'e(mY absolute favorite),tne'_Rotisserie,La Cescada,'the•Nerth Fork Table and-Griil,'bought wine at the shop next tote:Cascada,breakfast pastries at the Blue Duck,goat cheese from Catapano Farm,..I think I even had my,.carserviced once of Southold Autol This is not;to mention the money I've spentin adjoining towns,-at Brierinere Farms,Salamanders in.Greenport,the Village Cheese Shop in Mattituck,various farm stands...and the'list goes on. Should this planta limit short-term rentals come to fruition, I'have serious doubts as to whether I would continue to,visit the North Fork on a regular basis,which breaks My heart.When there are so many other home rental options:in the Hudson River Valley,Berkshires,. Bucks County PA„etc.,the idea of returning to stays'at`hotels-next to the Tarter Outlet Mall in Riverhead is less than appealing.And,I simply cannot affordto take a week's'vacation,let alone 2 weeks ormore,as.the new plan proposes.I am saddened that this plan is penalizing responsible long-term renters such as myself,whohave come to appreciate all that makes Southold special. Sincerely, Serena Liu,VMD,MS.,DACVP • 1 4M53 Standish,'Lauren- Piom: Tricia Baldes <tricia.baldesC creativevisions.org> Sent Monday,June 01,201S 10:10 PM To: Russell,Scott William Ruland;1pevans@fishersisland.net; Doherty,Jill;Jim Diniiio;' Ghosio; Bob;Standish,Lauren Subject: Southold Town proposed rental law Dear Town'Board'Members, It has some to,my attention that you are considering:a rental minimum for Southold. I truly hope that you reconsider' this-especially during:the off-season. I have been vacationing in Southold for twenty years. I was-introduced to the beauty of the town by my stepmother, who owned a second house in what she calls"God's.Country". in mare.reeent,years,my family and I have made-a tradition of renting,a house in Southold for two weeks in July j August. .As a.teacher,'married'to a man who is self-employed,I have,the freedom to take an extended vacation each year. We look forward to.our time in Southold,when We can spend long days at,the beach Wondering what will be on the board at the Southold Fish,Market. My husband,a fishing hobbyist,makes daily trips to Wegq to find out what is running'and to,purchase fresh bait."We love thefriendly,atmosphere of happy hour at Founder's'Tavern and the wonderfui'forid.atthe'North Fork Food Truck. We look forward to following Up a'sunset at Kenny's'beach,with a lovely meal et Elbow's East. We havedeveloped too-much-of a fondness for the goodies at the Confectionary.coraer- especially the dark chocolate covered pretielsl This year,.my,husband's family is visiting us from Ireland in September. We were delighted to plan a long weekend oyer, the Jewish Holiday of.Rosh Hashanah to bring them to enjoy the beauty of Southold for a•few nights. A-restriction like the one proposed would make such trip'impossibie. I hope you see that Southold benefits from having an influk'of visitors—especially during the off-sea'sdn,even if only for a few nights at a-time, Warm regards, Tricia Ba Ides 1 *(61953 Standish,.Lauren. From: Tom Strekas tstrekatOgmail.com> Sent: Monday,June,01, 2015 7:14'iiM To: Russell,Stott William Roland;Ipevans@fishersisland.net; Doherty;Jill;Jim-Dinizio; Ghosio, Bob;Standish, Lauren Cc: Judith Ullman Subject: Proposed limits on rentals in Southold My•wife andI are residents of Baldwin in Nassau County: Over the past 5 years or so we.have visited the North Fork at least;adozen or moretimes during which we stayed .over at least one night; in•addition to.at least"as Many day trips. We have stayed at vineyard B&B's(Shinn arid Sanriirio'Bella"Vita),_at rental properties situated'on Great Pond and at hotels,including the Greenporter: All have their benefits for various types of visits, and we have enjoyed them all. We have introduced a number of our friends'•and family to the restaurants,wineries.and many other venues in the towns,bf Southold,Mattituck,Orient,East Marion,Cutchoque and Riverhead during these' visits. [Nbali's,The FriskyOyster,a Mario,The IronSkillet,The.Candy Man,Blue Duck Bakery,Briermere's etc.'to name only a few) We have heard that the Town,Board is con"sider':ing.placing•tiriitnum times.bn rentals and even.elimiriating Weekend,rentals.altogether. I urge•you.notto suppo'rt.this: .One major reason for my, family'is that we could not easily.afford a.rental of.more than one week. So that would mean that we would sadly have to limit our stays and visit other,'locations., Also,particularly•during off- season,we cannot stay•more.than a weekend because vacation times are limited. So these stays would.be curtailed. We fiould still visit-hotels, but this.oPtien,is'limited because pets are riot'allowed arid we leave them.• Also, When we;want to bring family tenting,multiple hotel rooms is simply not an option and frankly not as comfortable as renting a cottage or house for the weekend, So that would'also limit our trips. We,hope that the proposed limits are'not put in place. We urge you not to support this.restriction. Tom and Fara Strekas 1 Standish; Lauren From: Sandra Mackowiak.<slmack@optonline.net> Sent Tuesday,June'02,2015 8:03,AM. To: scott:russeil@Itown.southolany.us,William Roland; Ipevaris@fishersisland:net,Doherty, Jill jim@james'dinizo:comii;Ohosia, Bob Cc: Standish;.Lauren. Subject: Southold Limiting Rentals To:all involved, My..husband,and.l=travel out-to Long Island,several times during the year. Not only dowe visit from N.J.we rent places to stay,as we ca:nbringour:pets with-us and_not worry:about Kennel.facilities and care,yet alone extra.costs added to ourvisit. We can relax and not rush home and our pets don't have.the traumaof separation from us. We understand;you.are trying to.put limitszon.rentals,SUCH AS WEEK 9R 2'WEEK LIMITS,AND NO WEEKENDS, RENTALS!1!!; How awful of you toddo'this to those of us that spend money;in'your townil 'We come;mostly not only in the good weather,,hut even,in December and,January or February when tourism is,at its low Who wantsa hotel;room, to;sit on just,a bed or one chair while staying on vacation???? Yet alone hotels dor*all take'pets or charge_ridiculous prices daily to,bring one, Think about.how comfortable these renters can have us really,enjoy your areal A B&B is notonly noisy because of other guests but not'private and certainly not lots of space because you'd have to pay a great deal for a.suite and, even then most likey just a small TV or none in that suite.. Of coursethen you have to share one with.others in a commonroom!` Why are we vacationing and spending money to stay at t a Bl&B to spend our away time with.complete strangers??? We visit all,the wineries and bring-home at least 2 to 3'case's of wine from our visit. This coiild hurt your wineries limiting visits-from out of town folks!! What a shame to destroy that business. We've supported the;local restaurants as well such as.North Fork Table and Inn,O''Malley's;:Elbow East, Founder's Tavern, Erik's Brea kfast'and Lunch,arid"Soundview Restaurant as well. That's only,a few to'mention. lask you to consider r otgoing through with this action and save Southold to have return visitors With certain rehtal privileges!l Thank you and please refrain from implementing such changes. Sincerely, Len'and Sandra Mackowiak *063 Standish, Lauren From: The Winemaker Studio<winemakerstudio@gmail.com> Sent Tuesday,June 02,2015 3:21 PM, To: Russell,Scott William Ruland;ipeVans@fishersisland.net;Doherty,Jill;Jim Dinizio;' Ghosio, Bob;,Standish,Lauren Subject:_ Short-term rental;Southold Town Board Hearing Dear Town of Southold: The'Winemaker Studio by Anthony Nappa Wines is our business. A substantial number Of our • customers are visitors to this area. I am very concerned that preventing weekend vacation rentalswill meaningfully,reduce my customer base. I believe requiring a two-week minimum stay would definitely have a negative-impact for our business and for the North Fork economy. Operating a small business on the North Fork is difficult; costs of doing business are extremely high out here and-we rely on tourism as a large part of our business income. Please do:not:pass this law that would make it even harder by restricting our customers from being able to enjoy the beauty Of the North Fork Thank you, Anthony & Sarah Nappa Thank you for supporting your local winemaker! The Winemaker Studio 2885 Peconic Lane Peconic,NY 11958 (774)641-7485 .Www.winemaker-studio.com t Standish; Lauren From: Maureen Massa <maureenmassa@yahoo.com> .Sent: Friday,June 05,2025 8:45 AM Ta;, Russell,Scott;William Ruland;Ipevans@fishersisland,net;Doherty,Jill;Jim Diriizio; Ghosio, Bob Subject: ° Short term<rentals To:the Board: Thank'you for the time and patience.at the hearing this week. In looking back at the speakers•.and the speeches,I think iitis interesting,to.note that at least :of-the speakers Who spoke iri:favor of increasing the time period to 14.or 30•days live on the same two block road In,Greenport. Clearly;there is an issue,with a,house on their street;and perhaps that issue should-be addressed separately,rather.fhan`impact the entire community With:greater restrictions. Also wantedlb note that'll the restriction were changed:from a,7,day:mhiimum to 3 days out of any week,the neighbors would have time where there:was no one'in occupancy,`which they probably have now anyway. Just,because an owner lists.a place for an entire. year,it does not mean theyrent itall the time, Many owrnerslist andthen use.their,homes,during the times they don't rent. Reducing frorti 7 to 3'would'encourage people to.arrive during-theoff season and-continue to support businesses during the.t'ough winter months_ in season,owners prefer to rent 7,14 or 30 days. But should not be required to. Also;perhaps an exceptionshould be made forrentals where the ownerlives.within a mile or where they hire a caretakerwho lives within a mile„ Would make sure guests are compliant and provide jobs for locals tool Thankyou for your'attention, Maureen Massa 1. X963 Russell, Scott . From: Alan Schweitzer <alancarl@yahoo.com> Sent: Friday,July10,2015 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]appreciate the"Board takingwhatever timeis-necessary in listening to and analyzing thevarious views and ideas of residents on both sides of the issue. F fully understandthe Boards mandate to strike a proper balance between growth and preservation, but he proposed 14-day minimum rental law isroverkill 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-andl,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 m the rental law would have. Moreover, once done, it would be very"diffiicult 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 tong Weekend,nOtior weeks. It is my opinion.that the proposed preclusion the.Board seeks to impose leads to the logical conclusion that the Board believeaincreased 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].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 notthe result.the Board seeks.) I stronglyydisagree with the proposed 14-day minimum rental law and urge the Board to.reconsider and to take , whatever titre is necessary to further discusswith 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 ail that Southold Town has to offer. Thank you for this opportunity to express my opinion. • Alan Schweitzer Southold,NY 1 Tomaszewskii,'Michelle From: Russell,Scott Sent;- Monday,June.15,2015 2:21 PM To: Tomasiewski, Miichelie Subjects - 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=Terni Rental tetter 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:.l 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 thisissue.We originally.began,renting our home to offset significant repair,and Maintenance projects such_as roofing, plumbing.and_'tree tritntning work following our.purchase,.I can say that:100%o;of*our rental income has gone directly toward Bowie improvements which also,beneft.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 Southoldabolish non primary home ownership as well? Otherwise; people coming'and going;is simply a product of having.neighbors.'I do see-why:residentsdo 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 doff-season"{n'ot summer)only once in:2:years. My-point is that by extending the rental requirement to 7 nights (which Fwe're-OK(with),y;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:Bu#,that's really about it A7 night:minimum still allows rental owners some'Opportunity for off season income. Any longer'periodwill.result:in zero rentals in:the offseason, I believe'this is a realistic-assessment..lts •important for those:opposed=to rentals understand'that is being achieved:by, eliminating' weekend'(3 night-9 rentals. The transient presence in their neighborhoods iisalso being eliminated for 9.months out of the year, There will be other effectssof.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.,liotel/B&B options,for visitors.,'Many of the families that have rented our borne,`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. (to°153 Lastly, in our experience, we have had no issues with our neighbors. In foot, 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 foi-shorfer petiods in violation. Thank you for your'consideration„end vuor'k:to,date on this issue. Best-ofiuck as you continue;-the process! Regards, B.J. Green' 2 Russell, Scott (9 9...<3 From: Russell,Scott Sent: Monday,July-13,2015 9:30 PM To Russell,Scott Subject: FW:Southoid.needs short-term rentals and tourism! Importance:. High i ook From: Laurie Bloom f mailto:laurie,bloom©rivkin.com] __ ► ' .. Sent: Monday,July 13, 2015 3:52.PM. To:Russell, Scott o /} Subject: Southold needs short-term rentals and tourism! Importance High t July 12,2015 +i 11,RE:Public Hearing on'Short Term Rentals Dear Supervisor Russell: it-has conne'to our attention'that the Town Board is now planning to legislate a minimum short-terrarental period of 14 days. This information is extremely disheartening consideringthat Many of us.who provide short-term rentals from our homes have presented a reasonable,response to the need for a shorter duration minimum,based"on the-fact.that 99% of those renting house's are interested in,no More than 3 to 7 days. This is primarily because a 3-day weekend or a week is what many working couples and families can afford financially and in vacation allowance.from their workplaces., TO' mandate a.longer stay is-to effectively eliminate a visit to the,North Fork as a vacation destination for a very large portion ofthe guestswe see;guests whospend significant sums of money during these short visits. The guests our houses see do not:fit the profile of the bad actors that we keep hearing about,as being thecause"of"the, need for this legislation.OUir short-term house guests are mostly families with children and often'a dog. They rent houses for the value'it provides.as a hotel room, if even available in Southold;would Make the visit too expensive when multiple bedrooms are needed,and hotels do not allow guests to bring"a pet—which is also ahuge draw since boarding brings another expense and other concerns that most of our guests would"prefer to avoid.it seem-more reasonable to simply enact'a series of rules that should be enforced'--if they aren't already on the books=that shut down those who are abusive:to"their neighbors:We have heard nothing but praise from our neighbors about the guests thatwe have heisted. We operate under a strict set of rules;maximum occupancy,no parties,no noise;pick up after dogs,etc.,and; our home is managed by"a professional property manager and bed"&breakfast owner.Those we host,and we have done so for,3 years,have never bothered any of our neighbors. Please understand that our home is nota business enterprise—it is our home,and we love it,We bought the most distressed property in our private community and made it among the best—investing close to$100,000 in repairs and renovations.We are not looking-to fill it with the kinds of people who would,damage it.We are staying in'our home every weekend,that it is not rented,which outside of June through August, is almost every weekend.We live full-time in Brightwaters,approximately 1 hour away,but consider ourselves residents of Southold.We have Many friends here and are active'in"our community.We plan to retire here'full-time.In the meantime,we rent our home short-term during the summer to help cover the costs of maintaining our home. t While we would all like to know and like our neighbors,if a fear of strangers is the impetus for the legislation discussed, itis-ill-conceived,unrealistic,and probably unconstitutional. The"we don't like strangers/'approach is adverse to tourism;working against the efforts of many North'Fork businesses who spend significant sums to bring visitors to the region so theycan remain in business.And,those businesses employ local residents:Do'we really seek to risk losing jobs and businesses?There simply are not enough day visitors to compensate for the short-stay guests you are seeking to eliminate.From a practical standpoint,you cannot choose your neighbors.Even an unpleasant guest'for 3 or 7 days would'be preferable to that same miserable situation for 14 or more nights—or as a permanent the moving in and out really the issue?Are less,but longer term,guests the solution if the-guest is disruptive?We take considerable care insereeningthe_people we.allow to stay:in our home.It also costs quite a bit of money to seek out these quality guests. Legislating a.14-day minimum can.have another unintended consequence which not only harms thelown,°but also the owner. As those looking to rent learn that they cannot visit for the long weekend or single week that theydesire,they will get together with other friends and relatives to rent for 2 Weeks and split up the time among themselves.They,Will do this without the knowledge or approval of the owner—essentially removing control over the property from the owner or,as in our case,the property Manager.Not only.will this completely counteract your intended purpose,but it creates a scenario where it can only cause harm to the owner and bring more unidentified guests'than intended, We do the-right thing by our neighbors and community end it is truly unfair to remove the rights,of those like us who have harmed no one because of the bad acts of a small few.It is also wrong to think that ending short-term rentals somehow removesstrangers—that is,tourists—from our neighborhoods,given your exclusion of the rent a-room business model.We urge you to reconsider this approach and instead adopt a registration system whereby all short- -term rentals must be registered with the Town of Southold,for a fee,and that that registration comes with a set of rules (akin to the ones!already impose),a maximum occupancy per house—perhaps no more then 2'persons per bedroom, no parties,and that those that violate the rules lose their rental privileges for the season and must reapplythe next year and show that they have remedied the issue, It is'a fact-that short-term guests spend,more than long-term renters and as a community that is largely supported by tourism,this'action will have Widespread consequences on our community. Our restaurants,farms,vineYards and shops will see a decline in business. When there are no homes available for less than 2 Weeks minimum stay,therewill effectiv'ely'be no shOrt-terni rentals.Families will find other more affordable vacation.options.Couples that.once came for a 3-day weekend,or booked destination weddings here will look elsewhere,Those looking for a quiet weekend away will go somewhere else. Is this really the net effect that we,are looking for? ,Has anyone spoken to the businesses who will-be most impacted by a large reduction in tourism?Are they even.aware of'what's going on?Has anyone done any kind of study about what a January in July economy would do to those who count on thatinflux of visitors to pay their employees—local people who rely ontourist dollars to survive?Where will 'locals find employment when they are no longer needed?Where will students find summer jobs when they are no longer needed?Has anyone considered What will happen to the beautiful swathes of open,spaces we all enjoy,as we pass farms and vineyards if visitors stop coming?Has anyone imagined a main road where these spaces become hotels and condos as farmers are forced out? Sure,something has to give.We urge you to use this effort to enforce the rules and shut down the offenders, We want to preserve the character and quality.of life of Southold.We do not want it to look like Riverhead in order to provide the lodging needed to accommodate the guests who fuel our economy.How can we expect to enjoy,the benefit's of a tourism-driven economy if we don't welcome tourists? Please don't throw the baby out with the bathwater.There are many good people providing short-term rentals in Southold who truly care.We want to be a part of the solution. Sincerely, 2 Laurie Bloom and Leonard Thon 1690 Paradise Shores Road Southold NY 11971 (631}6654366 IIrRIVKIN RADLER: Pii11.'AiY4t AI tiri Laurie J. Bloom Director of Marketing and Communications 926 RXR Plaza,Uniondale,NY 11556-0926 D 516.3573251 T 516.3573000 F 516357.3333 )aurie.bioom aOri idn.corn DA, Please do.nat .rint this email unless it is necessary. Y NOTICE:This message may contain information that is confidential or privileged.If you are not the intended recipient,please advise the sender immediately and delete this message. See:hi.:f '*rad• a .erriall•dlsciaimer,cf for further Information on confidentiality This email has been scanned for email related threats and delivered safely by Mimecast. For more information please visit *II ie .,s co, 3 Standish, Lauren From:, Leslie Simitch <leslie@Islimited.com> 1 ©4 tj L7j 11l r�� • Sent: Tuesday,July 14,2015 7:45 AM To: Standish, Lauren JUL 1 4 205 Subject: SOUTHOLD SHORT TERM RENTAL POLICY SUPERVISOR'S OFFICE TOWN OP SOUTHOLD Hello Ms.Standish, We are entering our plea.to allo*for a Southold Town 3-day minimum rental period.A 14-day minimum rental period- would be unteriable,'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.Wewould 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 toassist 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.Weare 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, I hope that you are able putyourselvesin 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,hon es. Thank you for,your-consideration of our needs, Best, Leslie Simitch t Russell, Scott From: Joy Ellinghaus 'joyellinghauspa icloud.com> Sent: Tuesday,July 14,2015 4:14 PM To: Russell,Scott, Subject: Re:North Fork/Short term rentals Mr..Russell, Thank you for providing me with Mr. Schweitzer's letter and your response. Accept my apology if you felt I may have suggested you are a feeble minded politician. I believe quite the opposite which is,why I am contacting you directly.I am relying on your good judgment to get us out on the right(and reasonable)side of this issue, Which is why I cannot understand why 7 nights is simply not a good enough compromise for a minimum. I ani not decrying a Minimum,permits,registry etc,. I-am asking for some clarification as to why your earlier proposal for a minimum went from 7 nights to 14. I was-not able4to attend that meeting in early June as my daughter(also a Lily)was not finished-in school yet, nor was there any clear indication explained in the local paper other than to say there were"varying opinions". .I.agreethere is no scientific data for you to grasp onto.-One might make the argument then that it is even more .prudent'under those_circumstances to err on the side of caution,or perhaps not err at all, seeing'as.there.is no need,for this'law.Perhaps the Town can put bodes into effect piecemeal,all the while simply responding to complaints as-they surface? Without scientific data you are left with guesstimates,no?I'm not big on guesstimates and I'll be happy toget' back to you next summer to tell you how I am personally faring but even if half of the 600 short term properties you mentioned provide 8 weeks of tourists who are willing to spend upwards of$1000 per week(a Modest sum considering a meat at a restaurant;local shopping at Walbaum's and a day in Greenport and a vineyard),that"is stiil,potentially_A LOT of tourist dollars! Ifyou'do the nonscientific math that none of the business owners can confirm for you: (300houses x 8 weeks= .2400 weeks x$1000 per week=$2,400,000.00). Without the data,playing with even a guesstimate like that would make me nervous. As I've already stated,_I don't understand why 7 nights is not acceptable to the board. canyon please tell me the adverse:impacts that were raised with 7 nights and how they would be alleviated by a 14 night stay as opposed to a 7 night period?What if there is a bad tenant,they will be there for two weeks now rather than one?Are there'more police calls.in homes with short term rentals than in homes with year round rentals?is there data that exists there? To another point, I suppose I will do everything I can to at least rent niy.home for-two rentals out of a season but ifI em to rent to a year round tenant,my year round rent will be inclusive of summer rental prices and just like most year round'tents on the North Fork; it Will be prohibitive to the kind'of employee you mentioned business;leaders being concerned about. NNevertheless,,I am happy to hear yotrhave not made your decision and will continue to assess and consider all input,realizingaiso'this is not a case of zoning. I hope to continue an ongoing discussion with you..Above all,I hope I am not staring at an empty house for half of my summer next year. I can assure you that home is desirable,my tenants lovely,and that in every single regard I am striving to make everyone's experience amazing,it's what I do. That includes my neighbors by the way,most of Whom I've known my whole life, They are the very last people whose lifes I want to disrupt.I vet my renters carefully and am able to choose who I rent to since there is no shortage of people who want to rent for the week. I don't know that I'll be able to,say that for the few and far between that might want a two week rental,As I said in my earlier letter,the market is simply not there for two week rentals.If this bill passes,I imagine the hotels mill be booked in a matter of days,well in advance of the 1 611 6 season, Yes,they will be happy,but what will we,do With all the other tourists who want to come for a"week(or a weekend far that matter)? I honestly don't know,what other answer there is other than.the compromise you first proposed: the 7 night miniinuun. Thank you for your time. All the best, Joy On Jul 14,2015;at 2:06,PM,Russell, Scott"csnattiOsoutholdtc Wnny:gov�"wrote: Ms,.Ellingfhiaus; I have deliberated on this issue for sometime.I have been public and:candid with-my concerns,With the challenges this issue presents to the Town,To'suggest my'position has changed because"30 or so' people"swayed me not only questions'my motives)it'suggests that I am a feeble-minded.politician that caves,into even a modest amount of public-pressure:I"can assure you'that the input 1 have'received urging a longer than 7'night.stay has come from considerably more than a few people.-However, I try to consider-all,input when making decisions and have"not and will not make decisions by.the loudestvoices; regardless'of how many there are. I am:sendingto a response that l,sent another gentleman on this issue just a few days,ago.I outlines my perspective'and:discusses several different-components,involved with this issue,ifthere,are any . questions I did not address in-that.response,please feel free to coritact-me and,I will glad to arrswer them. Scott From:Joy Ellinghaus mail.:a efiin«haus o c oud.co Sent:Tuesday,July 14, 20151:'56 PM' To:Russell, Scott Subject: Re: North Fork/Short term rentals I can't find an insult in my letter to you,but if you bring it to my attention,I promise to apologize. Joy On Jul 14,2015,at 1:36 PM,Russell, Scott' cot1i southaldtow y. cry wrote: Ms;Efiinghaus: (am happy to discuss this issue with you and am certainly willing to offer my perspective. I.do not think that casting insults is a good-start. Scott From:,Joy'ERinghaus,[mnjltojoyeiiinghaus. icioud.corre w w Sent:Tuesday,.July 14,2015 1:26 PM TO: Russell, Scott " Subject: North Fork/Short term rentals Mr; Russell, you need to'bring,good'judgment to the table for this short term rental;issue and use it with laser precision.to ensure the North Fork 2 41 Lei 65 does not implement a law that could have painful repercussions for-the very tourist industry that we have been cultivating for the past several years. There is simplynot a demand from them for two week rentals. For example, this season'inrmy own income property, only ONE rental is for two continuous weeks. The rest of the season is fully booked by one week rentals. If this is repeated next summer, let me make clear what will happen in just my property; North Fork tourist dollars will have gone down from eight weeks.to two. Saying nothing of my own hardship,,I shudder to' think of the affect on the_carpenters,electricians, cleaners, landscapers and plumbers that I employ all season long. Ian') not looking to circurnvent.the'law; I will be made.whole by.a year round rental &I must, but I can assure you those year round tenants will not drop the $1800 a week on vineyards-, restaurants and shopping that my weekly summer guests do. Even a two-week tenant stays home and cooksl:Are you really willing to.gamble with this because of a few squeaky wheels?You can't possibly believe that this has the support of the- economic industry on which so many,of us now.rely. By the way,what were the concerns of sdnie of those 30 or so people that swayed you to send the proposal-back from seven nights (perhaps reasonable ),.to fourteen, (clearly unlikely and untenable from a vacationer's standpoint)? Surely there are solutions short Of a sweeping new law with unforeseeable consequences for our economy and quality Of life. It,has not been made clear how the fourteen night stay benefits either the nature of the North Fork;or the tourist industry over a seven night stay. A seven night minimum means seven nights, correct(?) NOT A WEEKEND, despite assertions to the contrary. I-wouidn't be happy giving up weekend rentals but,a seven night minimum is a compromise I could,live with since it is the majority of my business. Perhaps swayed by some extreme voices, you are on the wrong path with fourteen Nights. Please get back on track. Sincerely, Joy Ellinghaus 3 e5� from:Janice Claudio[mailto:Janice©claudios:com] Sent: Monday,July 13, 2015 3:30 PM To:Russell,Scott Subject:.***SPAM*** Length of Stay Considerations Scott, The extreme seasonality faced by those operating businesses within Southold Town is a daunting element of our life. For many many of us,there are basically the ten weeks of summer to make a profit which must pay the expenses of the lean months and the heavy annual bills suchas property insurance and real estate taxes. Add weather into the ten week mix and itise scary ride.. Government should do everything in its power to embrace the tourist trade. Tourism is a huge economic engine for our community and affects=the plumber,community hospital,as well at the retail shops and restaurants. Please find'a way to balance the needs of the business community with the quality of life issues of homeowners. There are many many fine families renting homes for a week stay. Hotels are in short supply and require two night stays with prices approaching$300 a night. At a muiti;thousand weekly rate they are simply unaffordable to Many. Sp too;many companies only provide an annual vacation of two weeks. A twoweek minimum is,simplytoo long for those with such limited vacation time. A two week minimum stay is simply too long and damaging to the businesses within our community. l.ask you to NOT consider such a proposal. One week will accomplish the goal you are seeking which I believe is a..More considerate visitor. 'We are all tourists when we leave our home town. We don't suddenly become disruptive people. Thank you, Janice Claudio 2 Russell, Scott From: Russell,Scott Seint: Saturday,July 18,2015 4:36 PM To: 'Janice Claudio' Subject: RE:***SPAM***Length of Stay Considerations Janice: This issue is a tough call for me.I recognize the perceived benefits that short-term rentals bring but there are consequences,.as well,and,I am trying to look at the issue globally.The local law that is-being proposed is subject to a public hearing and I Will listen to both sides,with an open mind but I do think thatthere drawbacks that need to be considered. I tried to get en understanding of the benefits these rentals bring to the local economy and went to The Greeriport;- Southold Chamber of Commerceand the Mattituck Chamber of Commerce to get the business owners opinions.There was no,consensusand,in fact,you are only one of a handful of businesses that contacted,me to express opposition.The focal hotels and B&B's are'part of the business community;as well.They have all made a considerable investment in the .right to operate hotels and also pay substantial property taxes and are heavily regulated.These are the costs of doing .business.Short-term'rentals don't have'to'deal with any of that, How difficult would it be.for a localrestaurant to operate ifit had.to start competing with other-new restaurants that got to open up wherever they wanted,whenever they vdanted?'They wouldn't have to invest in the zoning required, payany taxes and.would not have to deal with any of the permits, inspections or licenses that restaurants have to deal with.Free enterprise is great but it only works if everybody is playing by the same rules. I deal with the local business community all of the time.The biggest,complaint I.hear is the lack of rentals for their workers.There about 600 houses being offered`for short-term rentals.This is about five,percent of the houses in, Southold.There were none just a few years ago.How many will there be in a few years.Ten Percent?Twenty percent? This is a lucrative business and,sooner or later,there will be very few houses left to be rented year-round.Rentals are already scarce and removing yet even more from the market would make it even harder for local businesses.It's hard to find employees when they don't have a place to live.These are also families that would live in Southold year-round and spend money year-round. -despite what others might think,the board is not-trying to regulate-bad behavior.Most of the houses being rented don't generate any complaints regarding noise,etc. The problem is that people who live in a residential neighborhood never expected to live with a commercial operation nearby.They are concerned about the new faces coming and going.every few days.This is especially true when there are several guests'in these homes at one time with several cars coming,and going all hours of the night. These homeowners have raised no objections to tourists coming to'town.They just didn't expect the house:nextdoor to them would be turned into a hotel to host them.Southold.Town and several organizations have made a'considerable effort to promote tourism.in Southold,These efforts have worked and tourism 'has been.a big part of-the local economy long before short-term.rentals became part of,the landscape.There is a lot more to Southold than just tourism but if we chased every opportunity to expand tourism at the expense of all else,then we.are bound to erode the very quality of life that people who live here expect. Southold has a desperate need to expand its inventory of hotels and other accommodations.We can do that through the Comprehensive Master Plan and other tools. i don't think simply ignoring this issue is the right way to go about it. Scott 1 RussoH, Stain -_ From: Joy Eliinghaus<joyellinghaus@icloud.com> Sent Wednesday,July 22,2015 i42 PM Tti: Russell,Scott Subject; Re: North F.ork/Shortterm rentals Mr. Russell, First I want to.express my'heartfelt.angst.for.the tragedy that befell our community this week.I am saddened beyond=wods:as I imagineyou are. I;understand this must be a challenging tune for you.as you continue to represent,our'community while dealing with such a sad andhorrific event.I'm sorry.I;am'burdening you with- soinething that in the scheme of things`seems quite.irrelevant, And.I thank you,agairi for"the.time you're-dedicating to this:issue,and to me personally. I wanted to reply to the last email you sent to me and I-would like to be.able to attend the meetings",around this issue lint as:you know,.I wilt not be able�to attend-'the next meeting as I will be away. 1 will submit:my comments regarding the 14 night minimum:as you suggested in the weeks to come, If"I;am understandingcorrectlyahe Main purpose for 14 nights was two-fold,one Was to keep'the rental-in.a non-commercial/passive income status according to"the,definitions of the IRS(which both 14,nights and,7 nights would accomplish),the other:was less turnover.to appease the complaints of those"who feel that simply being able to rent-short tern out,of residential,homes_isdisruptive to the nature of the North Fork and their.. neighborhoods. It's also txue.that the.Town uses the.term"short terrn/transient tental.in a definition'that;already exists and that this definition is"less than 7 nights" and is only allowed right now in residential/resort zones;to enlarge that area to include residential areas would not only effectively add commercial:status to residential zones;doing so would in general;undermine the zoning maps. I will put hope in the,"Special exception". Would it not be possible for the Town to limit the definition of "transient rental"to less than 7 nights but pick up the"term'"short term rental"as 7 nights to 14 nights;allowing these;to°function in residential homes;without creating_commercial status for the duration of those nights or terms?.Perhaps if the same person wanted to'stay longer than 14 nights,-(anywhere between 14-30 nights).then a separate lease,would have to he created so thatthe rentals would-always be under 14 nights.The 7 night minimum could exist within this structure.Was the Town planning on dealing with more than 30 day rentals in a residential.community, as in,a full summer rental,or'are these not applicable as you are not hearing complaints;about these?' If you are,I mightsuggest that"these are the rentals in fact that need commercial status,as the IRS suggests,and as such these rentals are in need of:per nits,registry,inspections,etc.. You made•a revealing"statement about the seasonal rental market thatI believe could benefit from'deeper understanding. 'In your scenario I simply turn one week renters,into two week renters but I'can't make my one week.renters suddenly be able to get or be able to afford a-two week vacation. That,is;simply not going to happeninmy business axil I'd`liketo explain why. Obviously,in our country.niost.people take one week vacations,but it is more nuanced than that. You surmised;thatseasonal rentals are generally monthly or biweekly terms,but that exists only within the MLS system (of which'I am a member.) It is imperative for you to know that this isnot the case",dor the 400+ homes on the 'VRBO or HomeAway sites., Mr.Russell,.1'am an agent with Douglas Elliman in Mattituck,and even.so,I have turned away from the MLS system in renting°my own homes for the.past.few years because it has been too difficult for me to get rentals for two weeks;or longer, That'is how I ended up-rentingmyhomes short-term through online sites like HomeAway • Y r (0%3 and.VRBO. ram not alone in this.There is simply not enough demand on the MLS for a two week plus time block.But you could easily book your summer,as I have,with one-week rentals through VR$OfHomeAway: That is Why these sites have been so successful.There is,a colossal demand for one-week rentals and these sites fill the gap that the MLS misses:rentals of less than two weeks. Please understand:for the purposes of these sites; one week is the majority of most people's vacations:and'one "week vacations arewhat are mostly-booked on these sites. That is not going to suddenly change. For you to say- you don't want to completely eliminate the seasonal rental market,I'm afraid to tell you that for-these homes and,for these renters,thatis what you will essentially be doing.I'm not sure you are either aware of that or believe that But I can tell you,and Lam telling you,having two homes that I rent on the North Fork,:having used these two sitesfor a number of years,having very desirable properties with very successful rental histories:Ido not get requests for two week rentals through these sites!My business is only successful with one week rentals. Allow me to illustrate further: On the MLS there are countless homes still sitting unrented even though we are in the Middle of summer.One week rentals on VRBO?There are 74 left out of 419 for the first week of August for example,now add that perhaps'Lhave a pet?:that goes down to 22.I would be happy to.meet with you and show you these scenarios directly through the MLS.and the VRBO sites if you'd like. (Anti I''m not suggesting that my quality of tenant-will.diminish with a two week rental;Pin-making a cheeky comment that neither will disruptive tenants disappearwith this law,but now they will be disruptive for two weeks rather than a weekend or even-a week.Sometimes in fact,people who can afford to stay longer are even more entitled and arrogant'and feel quite dismissive of the neighborhood.) In your scenario'my house will sit empty for half the summer or I risk fines.Like I said, I can't make My one week remit:suddenly able to get orafford a two week vacation. This law is just not Worth the-cost and I still.don't.know WHO itis supposed to benefit I'm afraid'there will- still be complaints even with two week rentals, some people Fill not be satisfied. The lower turnover that you see as a benefit,I see as no turnover at all and the death knell for my entire business. I know this market Well,extremely well, for"those who don't understand it,this law is brimming with unforeseen-consequences. I am still not seeing any benefit of a 14 night Minimum as opposed to 7 nights..You have not convinced me. Have I convinced you? Sincerely, Joy Ellinghaus Please feel free to share my letter with your board and thank you again. On Jul 14,2015,at 7:29 PM,Russell, Scott-scottri,sotttholdtowmi..y.go r wrote: Ms.Ellinghaus: The distinction that the board drew between a 7 night minimum and a 14 night minimum were based a few factors. 2 "��� The T Wn:code alread definesshott-term rental.which is'referre -tori."tra sie t renta"in the definitions,The use Of a property for rentals shorter than'7 nights is considered transient and,only permitted in the.Resort/Residential iones:,it is also permitted in some commercial zones under certain. circumstances.Permitting the.rentai of homes:in"the.residential zones would effectively convey commercial uses'to the residentiaizones.That'completely defeats the'purpose of the coning map, We discussed other options such as a minimum of 10 nights;butthen looked for guidance from other sources.The IRS does not consider rentals of more than 14-nights to be-passive activity. Usingthe 2 week IRS stands_rd'to define commercial`versus'residential seemed to be a rational basis for the new code. The.distinctive feature of short-term rental is the rate of turnover of the units.,Extending the minimum stay from 7 to 14-nights reduces the turnover rate.Since'we did not want to completely eliminate the SeaSonar rental market,we rejected demands'for a 30 night minimum.Seasonal rentals have;been part of the landscape for many years without incident and-these=typ'ically rent biweekly or monthly.We, .recognized the-importance of the.seasonal"rental market°but:needed to-balance`that`with the over: ridingpublic goals such as.communiity character;impactsbn rentals and impacts on local business which includes:hotels and;B&B's. Regarding bad tenants,the;generai comments I,have heardfrom advocates of short=term rentaisis the superb quality of the.tenantsthese'owners select. I do not think that your ability to fndgood tenants evaporates with,increasing your minimum.stay to'.14 nights.I am unaware of any reason why the quality of the guest Would go dowri'by extending'the required stay. The board.did-discuss the idea ofcreating a"special exception"to the residential.codes,This is similar to how B&B's are sanctioned. It would require approval from the Zoning Board of Appeals after a public hearing.The.code would include.specific`eriteria for approval and requirements for operation that would regulate-parking,occupancy etc;This would provide clear goals of the Town-and would allow,neighbors the right'to have their voices heard on a use being proposed in their.community.This may be'a reasonable Option to accommodate the need forshort-term rentals while assuring neighbors the right to be part of the approval process. The.code amendment-weare voting on tonight will simply serve as a notice of a public hearing on the law 30 days.from now.It cannot go into effect until after the public hearing and a vote of the board. Even then, it is.unlikely to impact any rentals until after-the fall season is over. This is still time.to submit your opposition to the board and for us to contemplate other possible solutions; Scott Proal:,Joy Ellinghaus Sent:Tuesday,July 14, 2015 4:14 PM To: Russell,.Scott Subject: Re: North Fork/Short term rentals Mr. Russell, Thank you for providing me with'Mr.. Schweitzer's letter and your,response. Accept my apology if you felt I may have suggested you are a feeble minded politician. 3. I belie*quite the opposite which.is why I am contacting you directly. I am relying on your'good judgment to get us out on the right'(and reasonable)side of this'issue. �,3 Which is why I,cannot understand why 7'nights;is simply not a good enough compromise for a �i` minimum. lam not decrying a minimum,permits,registry.etc.. .fain asking for some clarification asto why your earlier`proposal for minimum went from 7' nights to 1,4, I was not ableto.attend that meeting in early'Tune as my daughter(also a Lily)was not.finished in school yet;norwas there any clear indication ekplained in the local paper other than to say there-were"varying opinions" 1,agree there,is.no;seientific,data for you.to grasp onto, One might make the arrgument then that it is even more prudent underthase circumstances to err,on the side of caution,or perhaps not err at`all; seeing.=as there is no need for this law.'Perhaps-the Town can put codes::into effect piecemeal,'allthe..while simply responding,to:complaints:as they surface? Without scientific,data you are.left.with'guesstimates,no?-I'm.not big on guesstimates and I'll:be happy to get back to you next summer toteellyou hoW I ant personally faring but'e°venif half of the 600 short term properties you mentioned provide'$weeks.of tourists-who are willing to.spend upwards of$1000.per week.(a modest sum considering a meal ata restaurant,local shopping at Watbauin's and a day in.Greenport arida vineyard),that is still potentially A LOT of tourist dollars! If you do the nonscientific math that none of the business owners can confirm for you: (300 ' houses x.8 weeks=2400 weeks x$1000 per week=$2,400,000.00). Without the data,playing with even a guesstimate like that Would make me nervous. As I've already.stated,I don't understand'why y 7 nights-is not acceptable to the board. Can you'please tell me the adverse impacts that were.raised'with.1 nights and how,they would he.alleviated by;a 14 night stay as opposed to a 7 night period?What if there is a bad tenant, they'will'be there for two weeks,now rather than one?Are there more police calls in homes'with short:term.rentals than in homes with year roundrentals?Ts there dataihat exists there? To another point I suppose I'will do everything I can to at least}rent my home for two rentals:out of a,season but if I am to rent to a year round tenant,my year round rent will be inclusive of summer rental prices and just like most year,round rents on'the North Fork,it will be prohibitive to the.kind of employee-you.mentioned business leaders,being concerned about. Nevertheless,I am happy to•hear you have not,made your-.decision.and will continue to assess and consider all-input,realizing also this.isnot a case of zoning., I hope to continue an ongoing discussion with you. Above all, I hope I am not staring at an empty.house for half of my,summer'next year, I can assure you that home is desirable,my tenants lovely,and that in every Single-regard I am striving to make everyone's experience amazing,it's what I do. That includes my-neighbors by the way,most of whom•Pve.known my.'whole.life.They are the very.last people whoselives.;want to disrupt. I vet my renters carefully and am able-to'choose who I rent to'since there is no shortage of people who want to rent for the-week;'I don't'know that I'll be able to say that for the few and far between that might-want a two week rental.As I said in my earlier letter,the market is simply not there for tcvo week rentals.If this bill passes,ly imagine the hotels will be booked in.a.matter of days,well in.advance of the season. Yes,they will be happy, but what will we do with all the other tourists who want to come for a week(or a weekend for that matter)? -I honestly don't know what other answer there is other than the,compromise you first proposed: the 7 night:nuininium. Thank you for your time. All the best, Joy 4 On Jul 14,2015,at 2:06 PM,Russell,Scott<scottr@SoutholdtOWntiy,pov>wrote: Ms.Ellingfhaus: t005 I have deliberated on this issue for some time.I have beenpublic and candid with my' concerns with thechallenges this issue presents to the Town.To suggest my position has changed'because"30 or so people"swayed_me not only questions my motives,:it suggests that-I am a.feeble-minded politician that caves into even a modest arnount of public pressure. I can assure you that the input I,have received urging a longerthan 7 night stay has come from considerably more than a few people.However, i try to consider,all input whenmaking decisions and have not and will not make decisions by the loudest voices regardless of how many there are. lam sending to a response that sent another gentleman on this issue just a few days ago.I outlines my perspective and discusses several different components involved with this issue. If there'are any questions i did not address in that response, please feel free to contact me and I will'be glad to answer them. .Scott From:Joy Ellinghaus[rnalito joyellinghaust icloud.coin) "..,.. . _. . Serit:Tuesday,July 14,2015 1:56 PM To: Russell, Scott Subject: Re:'North ForkJShort term rentals I can't find an insult in my letter to you,but if you bring it to my attention,,I promise to apologize. Joy On Jul 14,2015,at 1:36 PM,Russell, Scott <scottrrsoutboltlttiwnny. ov>wrote: Ms. Ellinghaus: I am happy to discuss this issue with you and am certainly-willing to offer my perspective.I do not think that casting insults is a good start. Scott From:Joy Eilinghaus[mailto:,joyelling sgicloud.corr Sent:Tuesday,July 14, 2015 1:26 PM To: Russell, Scott Subject: North Fork/Short term rentals Mr.:Russell, you need to bring good judgment to the table for this short term rental issue and use it with laser precision to ensure the North Fork does not implement a law that could have painful repercussions for the,very tourist industry that we have been'cultivating for the past several years. There is simply not a demand from them for two week rentals. For example, this season in my own income:property, only ONE rental is for two continuous'weeks. The rest of the season is 5 fully booked by one week rentals.. If this is repeated next k(100° summer; let me make clear what will happen in just my property: North Fork tourist dollars will have gone down from eight weeks to two.Saying nothing,of my own hardship, I shudder to.think of the affect on the:carpenters, electricians, cleaners, landscapers and plumbers that I employ all season brig: I am not looking to circurnventthe law,.l will be made whole by a yearround,rental if) must,,but I.=can,assure.youlhose year round tenants wilt:not drop,the:$1800 a.week on. vineyards,- restaurants and shopping-that my weekly summer guests:-db Even a two:-week tenant stays home and cooks! Are you really willing`to gamble with this.because:of a few squeakywheels?You can't possibly believe that this`has the support of the econorr i&industry oh which so many of us now rely: By the way.,,what were the,concerns of some of those 30 or so,people,that'swayed:you to send the proposal back from- seven,nights (perhaps,reasonable ) to fourteen,;(clearly unlikely and Untenable'from a vacationer's standpoint)? Surely there'are solutions short of:a sweeping neva law with unforeseeable consequences for our economy and quality of life. It hos not been made.,clear how the fourteen night stay benefits either the'nature of-the North Fork or the tourist industry over a seven night stay: A seven.nightminimum meansseven,nights,correct(?) NOT A WEEKEND, despite assertions to the contrary. l wouldn't:be happy giving up weekend rentals but a seven night minimum is a compromise I could live with since it is the majority of tray business: Perhaps'swayed by,some :•extremevoices; you are-on the:wrong path with fourteen nights Please get back on track. Sincerely, Joy Ellinghaus 6 ,k(OGO Standish, Lauren From: Hydell, Carol Sent: Tuesday,August 11,201511:46 AM To: Rysseil,Scott;Kiely,Stephen; Krauza, Lynne; Duffy, Bill;Standish,Lauren;Tomaszewski, Michelle; Norkfun„Stacey Subject: FW:Summer Rentals lam forwarding the e-mail as per Mr. Cerullo thanks,, L _.V' 1 ,. Carol • Fromrcarullo3di@verizori.net,[mailto:carullo3dii@verizon.net] AUG 11 2015 Sent:Tuesday,-August.11,.2015 11:40 AM SUPERVISOR'S OFFICE To: Hyden, Carol TOWN OF SOUTHOLD 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,regardingthis issue,and I.might add unsubstantiated Claims as to why summer rentals area.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 socalled: problems from other communitiesthat 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 thepretext for theiropposition in order.taestablish that there is-a real, problem to solve:in the first place, Lacking that, their opposition is little morethan-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 aproblem that hasn't been proved. t 440955 )fi you actually survey property owners"who engage in summer rentals you:will find that:the vast majority tent their'homes for a Week or more.and rent to families with children. Thus,summer rentals provide a benefit tothe families that wish to summer ori the North Fork and to.the retail stores, supermarkets, restaurants and.many other service providers in and around our area. In conclusions 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 intoour 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 1 did:over 10 years ago. l"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 OrientPoint NY 11957 • 145 Public Testimony on Short-Term Rentals:August 11,2015 A 14-night Minimum serves no one. 1,own a home.that I have offered as a short-term rental property.Before you chase me off with;torches and pitchforks 4 let me say that I didn't just drop out of the sky-1.have decades-long,deep-rooted connections to the North Fork and it has been a primary residence at times and second home at other tirries'for much of my life.My.mother ran a horse farm in Jarnesport for years after my father passed away,sol 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,husbandand I purchased a dilapidated cottage in a private community where at least 5Q%of the owners are.seasonal residents.It was airless,butit was all we could afford.The prior owner had died at least a year before and the hnuse: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 aur'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,managethe 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 thehouse weekly. Oer.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 propertyi'arid neighbors.These are guestswho want nothing more than to have aapeacefui 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 longterm/yearly rentals and the change was dramatic.The )k911 TESTIMONY OF-KATHARiNE BICKNELLOFSOUTHOLD, NEW YORK My name is Katharine Bicknell andi am a homeowner in the Hamlet of Southold.I am testifying todayto respectfully request that the,Board not enact restrictions against short term rentals. Purchasing a,home in Southoid,was a;dream come true for me,and lc heristthe 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 end'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 NortitFork.have.to offer._ While;I treasure my home, (also rent it occasionally to.help.cbverthecosts-of maintaining and upgrading,the.property,which benefits local businesses.•Over thepast year,.I've used the rental income ta help-cover the'cost of installing,a new•roof,;new-drywells,and improving-the landscape,all of which have beneftted:local•businesses,, This year i;intend to usethe rental incometo-refinish the exterior of the..house anedeck,'as'weil as other.repairs. At some time in the future,.l hope to not;need rental; income to help offsetthese costs,but-that•isnot the case currently. As my'home is very valuable to me,'I ani veryocareful'aboutiwho 1 rent my home to. 1 research the potential'renters,,€ask them about thEir plans for their visit,and I specifically-communicate to each potential-renter that the home -couid:not accommadate,a large:group cepa rty,,but that it is a wonderful. place for aafamily;to spendtime together. I limit the number of•guests and I require a'significant damage deposit. To date, i have nothad.anY problems'with any renters. While the rental•income helps me,fund.repairs.and.improvements.to my home,•my renters also spend: moneyat local stores,restaurants,•farms and vineyards Whilel-prefer to rent my home for a minimum .of one week,some people only have the-time to spend-a`weekend,arid therevenue that rentat_prov€des —.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,end)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 businessesare dependent upon seasonal visitors. I have friends who,have,wanted to hostweekend-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 availahle 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 taxfor 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 thatthe: Board.not enact,restrictions against short-term rentals. • Testimony of Abigail Field'8-11-15 on Short Tenn Rentals (49P Thrs°proposal isan attempt"to>stop vacatian 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 Butthat's<only if the rentals actually So,the key question is:Will It stop them?For the'reasons0lexplain; the answer.is no. Passing,thislaw does not give-the town meaningful new toolsto prevent short-term rentals nor-any of the issiies"related to them. The 14-night minimum approach amounts to wishful thinking,not policy making. The Town.Board'should drop this approach,and returnV"a rental registry/permit paradigm,which is easier to.enforce andwhieh can address quality, of life issues Let's,start with some empirical;observations.Riverhead town has.a 3Q night inintinuni:Looking at the Website VRBO.corn,somethree dozen properties in Aquebogue,Jamesport and South Jamesportoffered stays as short as two nights. Southampton has a two week minimum.VRBO offers about 300 listings,most of which'are available forless than twoweeks: 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.Oh 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 notsuggesting 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 the to-speak on their behalf—are the kinds of owners who would step-simply because it,is'illegal.But 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 theta significant number of vacation rental owners will just:keep onTent ng'short terra.Surely the nuisance houses,which already don't much care for town code,are likely'to keep renting. But w'e 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 enforceagainst everybody,jusfiproperties 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 TestiinonY of AbiE.ail Field 8-11-15-on Short Term Rentals you:Oh,and worryifa,code eriforceris"tiiad.at you,or someone:else with power in the town is mad atyou—you'll be vulnerable.But if you keep your head down,we'll: let yonkeep, illegal rentals...Bottom line,to say enforcement Will be complaint- driven istO 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 taxxeecords,writes'them a letter askingthem-to prove they_ate renting legally,or simply takes the owner to court and starts an enforcementproceeding. Thing is,the town may discover that the owner doing legal.rentals,even though the neighbor was right—different folks were in the house each Weekend. Bow?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, One.rental for two weeks;but_two pathsto-weekly turnover. 'Let's imagirnefor the moment that the town ls,going to do proactive enforcement, not just respond to complaints.Ta do that,the,ToWitis Couxiting.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 lessthat 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,i sorestrictions on such speech have to further a substantial.governmental interest and affect no more speech than necessary.An Internet adfor 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 activityis constitutionally fine as far as it goes,but it doesn't go far,the .doesn't stopihe town from having to prove its case,and even withoutihe 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 Testimony.of Abigail Field 8-1145 on Short Term.Rentals 4 (9`13 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,prevvent 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 reallydoes to simplify code enforcement. Let's;dive deeper,still:into'the mechanics of proactive enforcement. Let's say the townwants'to write letters to-every homeowner in Southold:Town.advertising for less than a-1:4?-night minimum-stay,and,ask that homeowner to show she's only doing.legal rentals.How might.the town dotthat? 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.suppOseit is possible:to`cruise:the neighborhood with a photo and ultimately identify t'he;house,but itwould 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 Sbutholders 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 permitprocess. 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 ,; (fiC3 Testimony of Abigail Field 8-11-15 on Short Term Rentals Do they limit turnover?No.Butthe obsession with limiting turnover,is misguided: We'are not the Hamptons,with high hedges to keep everyone out.We are traditionally a place that vacationing families,and soimany of-those families,end up putting down roots here.Families,,overwhelmingly,,do not vacation fortwo weeks at-a time: 4 14(1‘5 8/1.0/,15 Carlos;and I have been visiting Greenport for.the past3 years.We have always enjoyed-the village for its friendlycommunity,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 renov'ating.it and making it a:h'ome of our town.Carlos and'I both-Work-in NYC, and we.'are unable to spend as muchtime as we_would like in Greenport..It is a great retreat for us On theweekends 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 arid enjoy,everything the community,°has'to offer.We feel that.many of these short-term renters become fixture,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-forihemselves. 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 liar 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 tenantsappreciate the opportunity to stay in a large home where.they can enjoy thevillage.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 asbeeis any damage to our property-or any neighbor complaints.So far,everyone has- been n very respectful and thoughtful while staying in our home. Thirdly,we.arevery clear with tenants from the outset and remind them that they 'need to be mindful-of our:neighbors when itcomes.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'honse so that we can monitor the'situation. We.enjoyrenting our house and have met some,great people in the process; 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,contributingto the tourism industry arid providing numerous work ka°16.3 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 tokeep.a respectful relationship betweenresidents and visitors. We,as owners,have the ability to control:situations Wore so.than any length of rental`period'restriction. We all want the same after alI,;and we can achieve it by, implementing common sense rules that will not impact the economy of our town. Communication=is key. • •1 Testimony for Town Hall Meeting re Short Term Rental Legislation. As some of you,may be.aware,,a full page;ad was stun in the Suffolk;Times last week by-the group 'Homeownersfor 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 niininui mi'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 runan article facing our Ad entitled`Report shows tourism is growing in Suffolk County(like it or not)',The article startedwiththis sentences- Ta t4great displeasure ofanti tourism curmudgeons, it appears Suffolk County is becoming even more popular.as a'vaeation 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 andyes,the EastEnd,:which includes the North Fork,was responsible for aigood 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 wrotethe Times article:got the impression theta lot of peopleprefer the-tourists stay'horn, Meanwhile;Southold Town,North Fork villages,the Long Island Wine Council,the East End- Arts council,aresome Of the Organizations who'sperid 10's-of thousands of dollars-each year to attract,tourists,because they know out economy depends.on,them,se Os the.responsible.thing to do.They apply for and.win"grants to prornote'our area,from the NY State department of economic:development,.and fora share of the Occupancytax 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 600licensedor 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 thatthetown of Riverhead would b$'veryi.happy`to approve another half dozen such hotels or resort type developments. M'y ed.and Breakfast and other North Fork lodging establishments have lost'far morO 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 notpatronize our local restaurants at night,or shop at`our-fish,farm and food markets,or other stoles. It is totally disingenuous for anyone tosuggest that a day-tripper spends the same kind of money during their brief visit as an overnight visitor. Short tarn vacation rentals have emerged naturally,.filling at least part of the demand for a place to stay the North Fork,and keeping atleast 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 tb welcoine to our community? Speaking of welcoming visitors in this community,a homeowner in Orient asked me torrenttheir house last year.It yas 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.aeasein: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 u§ual,all•the rental's were families. One.of the last to visit told me that a neighbor had set their-dog'on them and their child"ren when they,were-walking to the beach and used to let it lose whenever he saw them,,terrifying their children:If Thad•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 a'homeowner in financial need,and how.out control angry people who don't like ittcan be.Some of the language:I have heard from local residents, arid Town board members.seems to me to just stoke this'f.re. Another issue is enforcement.Why create yet another set of rules when the ones we already have are.not exerted?'Forexample,a neighbor:of mine really loves:fireworks,(this-is not a renter but an owner),.and started start4settipg them Of on weellends about two weeks,before-July 4th and has been doing so just about every weekend;since;Last Sunday night at 11.15 pin big and rockets filled the air.My dog was frightened,the chickens too and my Bub 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.Nothingcould be much more obvious than fireworks and loud noises;but this neighbor has not been stopped froth 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 availablein 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 net have the space or the willito build more hotels ar 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 bides,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? ,fr(oq 63 As we seem to be short on facts and long on anecdotes in this debate so far,T would liketo 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 law how many`short term,"rentals there ase now.as opposed-to.in-the past.,COO it<be possible that the situation has not really-changed that,much, but the rentals are'just more visible because of the Internet?lathe past;almost all rental were managed byreal estate agents,,but they were not r'eally_interested in rentals shorter than one month:as there is not.enough Profit that that.Now"people have the tools tomanage 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,.butno verifiable facts, This is,notthe kind ofreasoning or basis on which responsiblelegislators 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 wantthem 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 wehave 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"nie that*proposed law is driven by what-people,and-the town,board`Don't want'without:reference to or,explaining what they'do' an This seetns-pretty typical"of politics today,but I would hope that Our town can do better than that. Marilyn Marks 5"4300 County Road 48,Southold,NY 11971 -IVO 63 Testimony re Short Term Rentals Legislation.,Southold Town Hall,August 11's 2015 Let's talk_about strangers on our blocks. If your block is like mine,which'is small and quiet,emnesummer'it's pack'ed,with people and guests. Everyone is out andhas.their friends and families and their friends out It's non-step all summer of guests visiting the North Fork.They come for the beaches,wineries.and;summer fun. I:don't know these people but mestere 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 fez generations.Half the people here'started with fatriily,vacationing.liereyears and years ago and Ioveditso,much they moved.here. That's what my family did.Three generations of coming here.My parents moved here in the 60's andl, have'several family members that live here now.I bought my housexl years ago and plan to retire here.I love it here.,But lam`still working;and my careeris in the city,I,can't ilo the commute.But,ins years I will-be here fall time and]can't wait. In'the.nieantiine:I;have spent my life savings on my,house.My job demands are the highest,in.the summer- so-4 ummerso-I cann'<t get out much:,So,I rent to families that want to.enjoyt}ie'Northt-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 iracation. Thesepeople are and have been accepted on my blocking'enjoy my neighbors.Never have'hada problem in:two years thatI have,rented.All,t1i people on*Mack are having guests and extended families and friends iii too.It's snini ier;for Pete's sake. The money I have made.has all gone back into the house:I had:waterfrontdamage from Ihnticane Sandy. The rentals coyered that I-didn'thave Money after my-renovations.It went to landscaping and many other home,improvements:All this money went local,people doingthe'work.The lawn care,thehouse cleaners,thi garbage removalfallls done with beat 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 then normal on vacation., The local ritetcharits 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 cotitracts.but'the point.is it works and all are as fine mi my block with my rentals as-lam with their guests: 1-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 WOIJLDN'T JUST RENT TO ANYONE.This is my home and these are my neighbors that 1-care about.I see no reason whyt 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 k6963 Joanna.end Dennis Lane, lar tet ogee. Licensed Reai..Estate Stokers.Cdtohegue Statement August 10th,20;i5--'ublic:H aring�--Renfel�Law- We've been:managing short term'weekly vacation'rentats;on-.the_NOFO since 2003 first foto trselves,then later for otherpeople.This has been ourlivelihood for most of the last 10,years,amounting to-hundreds of short term rentals with only zero reported complaints between numerous properties wehave managed over the years. Some.of the people in this room tonight have,occupied those houses for themselves or their extended.families fora week ot.so. Others we have;worked with for 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 bye board that lumped all-rentals together to ensure safe worker housing.Vacation,rentals were perceived by RVHD es 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.Thegeeks and techies amongst-us_found new"channels of communication with potentief renters who did.not,need to visit the-property and vire worked together and pooled our expedite'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 l 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 then 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 *063 real estate'rental at all)and'single family'rental homes(which is real estate rental).Til`oversimplify-the situation,the tourist, accommodation sector'(excludingCamp,grounds and the like),looks something;like,this: A.Hotels, Motels and B&Ss operating asthatel B.Hotels,Motels and B&Bs expanding Into the vacation rental sector C.Single family homes and condos'e*pandinginto 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 standar"_ds:which have to be met: Heck,most vacation rental ownerswouldn't even know that•they are supposed:to • have CO2 detectors and smoke alarms:.Not good.Few,if any of the places l know'aboutwould be'attractive as worker housing,the rates are simply too high." 1 am.not.at liberty to.disclose Scott's reply,which,is his privileged information, butfo'be °fair, he-was very,supportive; unlike the rest;of the Town Board at'that time who did not Now 7 yearsrlater, (and I have not spoken to the matter in the intervening period), I fired we have muddied the issues.even further by allowing en 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 atseems,some:folks may be trying to push "this" back tb 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 1 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 lea 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*ea, vacation in the middie'of a public controversy and we are already feeling the effects'of that-THIS SEASON. 1\41091 I speak here not.to add to the noise, but to cutthrough 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. Weneed,to use what's alreadythereIo 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 sothey can start to utilize the 8 million empty homes standihg 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 ofth'e benefits from mass-influx tourism.Apart from-the distribution,of jobs,the influx of money from tourism will-then befelt-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 thatcan 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 patterns:of residents. You live amorigst,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 dispersed11more equally around the Forks. The alternative model is to build more hotels- in RVHD orwherever, 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 7 Aki2q1'5 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 atonce, Permitting vacation rentals requires minimal investment.The.propertiea are built.The people are ready and have the nieans.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 theiriincome'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 mere lodging optionerfor tourists. The next point that empty housing'brings up is that the areas where,these properties.sit have-beenbullt 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. 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, yoa 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., TQcite this; with infrequentand 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 Gq 63 rental regulation.Whilst a vacation rental may cause disruption, there is no,evidence that-rates of disrpption are higher than the Usual came and,go of a normal.rental property. This comes down to property.management: Regulatioh'breeds professionalism.,Prohibition breeds a black market. By limiting vacations and not.actively encouraging:the use'of empty space, regulation is net`fnding,a,solution to the mis-distribution of'housing. It 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 prioes without contributingto 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 riot 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 theycan use the'vacation rental opportunity 3 x ' 316 to house'new visitors in a sustainable way and get more people'into its.empty housing. stock. If they are able to find an•elegarit.solution, we may see destinations in Europe and America adopting a similar approach, Whatever happens oh 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- I. a ,guestwho cornplained,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,:1 suggested? I have no idea how they worked it out, but that was the end of it. 2.-e neighbor complained about a-guest arriving with a waverunner and tearing up and down the beach all day forweek. Could I.stop it.No, but good job he wasn't there=fort weeks- then, or So My question forthe‘Community is: What problem do you think the 14 day, limitation is going to,solve?Wouldn't the effort be better spentregulating those who manage the properties, not those who stay in them.After all, they're the ones that.set the expebtations, not.the guests. } !-I : • (0163 REV B • AUG 11 2015. SHORT TERM RENTAL STATEMENT 8112/2,015sUPERVISOR'S ai FICE tOWN OF SOUTHOLD Z,Louise Pecoraro and my spouse Irene Kassow have owned a hornein Southold since 199 L Before that we rented and were often house-guests. We would make the trip out on.weekends from Manhattan's Upper West Side, a mere 2-hour;drive depending of course on traffic and the season. For 5 years we have been full time residents,having given up our NYC apt.We don't miss the'drive. We love.the North Fork and,over.a 24 year period'we;rented our home 4-tires'through a real estate broker and one time through ;friend:This was helpful'economically and it was done for Varying time frames.This has been a long,arid:established custom for many residents on the North Fork. Fortunately we have never hada problem`with tenants who littered,Were'loud,unruly-and disrespectful of property lines.,Our neighbors sharedno complaints.. Nor had we incurred any mishaps. Now with the,adyent ofAIRBNB:and VHRBO this'custom has come under scrutiny.in a much,,inore. significant way,More people are on the bandwagon of this phenomena.No doubt technology has spurred it's growth. Now we=can mount-our own advertisements,communicateby a-mail,have moneys routed into our accounts and interview prospective tenants Via;Skype. We.are faced with multiplicity of.challenges,"something like.starting aienovation on an old house--you'just don't•knbw what you may encounter. So it'goes with this phenomena. Residential zones,commercial zones, Strangers on our beaches.; on our blocks,not enough-parking, spaces--money to.'be.made by the town, 'homeowners,businesses ,traffic—the growth" branches out into so many directions that the conversation becomes numbing, contentious;driven by self interests, We're concerned about all of this. The underlining tension is how to cope,with change--how do'we adjust,as individuals as a community; Do we invite it, shun-it,object to it, oppose it, ignore it. One aspect of all this change is 'rental properties how to regulate the influx. So what do we need'to do --because change is inevitable,it's here----What was isnot what is--- We're-for live and let live,within limits. So we're for establishing rental permits and other guidelines 'that may allay anxiety and bring funds to the town. The length of stay is irrelevant in our opinion-- but tenants who are'considerate is important.Therefore, registering tenants,_enforcing noise ordinances,enfurcing.occupancy limits may be a way of regulating.ti a"nuisance houses" and some of the;othezproblems we'are experiencing. We're, for an inclusive environment,a sharing of the pie,instead of an exclusivity whether that be a economic exclusivity or a sharing of our'beautiful.setting. Rules,.laws shouldbe' established and enforced, I think we are good neighbors,approachable neighbors caring of our place and,environment and hoping to preserve beauty and character of the North Fork. It seems'to us that if tenants,landlords, 1 3 -4e" 063 full/part time residents are considerate neighbors,,and are net foisting noise,litter,etc.on one another,we.should forego complaints and essentially"butt out of each others business" Our angle is we love the North Fork and in my heart of hearts although I hate tourists--we're trying not to let our,prejudices,pet personal peeves cloud what's fair and reasonable-- as well as: limit the benefits.that we.stand to,gain from renting our home,our personal property in the future if we so choose. We think*Most salient issue is not length of stay,but rattier behavior,of Vtenants, responsibilities of owner/landlords,residents;and,enforcement-and on that note.I hope we can come t©.equitable .solutioria.We,tespectft lly,submit.this statement to'the Town Board for consideration. Louise Pecoraro. Irene Kassow 1 !. Box 182 *'‘D°16 Southold August"14, 2015 To-the Southold Town Board I request'you'reject a two-week or 15-day minimum for residential rentals., The reasons supporters of the,measure advance are spurious'. Why'should vacationers:. renting for two weeks be any,more responsible and considerate,than one-week renters? How-are traffic and-noise reduced when.the rental period;is:larger?Why should anyone renting fqr two Weeks have A. greater stake'in this comnmunity than a.one-week renter? Southold is not on the South Fork.The bar scene and the share'houses don'taccur here;and there is little.reason to'expect them to move in.'The Hampton's glamor,,social scene and.ocean are not abqut to flow north. On the other hand, permitting one-week rentals permits-a larger and a more diverse rental population, People renting for a short period are,more likely to spend their time exploring and patronizing area restaurants, wineries,.stores.Two families renting one week:each are,going`to check out more.a ttractiofs"than one family staying two weeks. In my neighborhood short-term renters have been quiet,and considerate. It is my former neighbors.who caroused at 1 a.m. and resumed their noise after the police left. What-1 would like to see is stringent enforcement of noise restrictions. Yours truly, Daniel Gladstone RE CIEyVD- AUG 1 2q SUPER'JlSOS'S OFFICE TOWN OF SOUTHQLD ))60Ci5r William D. Moore Attorney at Lave 5.1020 Main Road Southold,New York 11971 Tel; (6'4765-4663 Fax: (01)165-4643 August 17,2015 T}Ion. Scott Russell, Supervisor' Iron, Louisa•Evans,Justice/Councilwoman Hon. William Ruland,.Councilman RECEIVED .lion:Rartesbitaliio RECE'dlion: o e h sto E rOn..,fill"3isfxarty AUG 2. 1 2015 ' .autl olatowtx Board Al1G 2'4 2015 Tovim Hall Southold Town-Clerk 511PERVISOR'S QFFICE Main 1Zoaci 'P:o. Box 1,179 70wkopsbutiotD Southold,NY-11971 l e: 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`tlie hearing transcript, local press coverage,and attending the public hearing Iasi week. I encourage you to set aside the•presentlegislationwith 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 hi mind, I believe the 14 day minimuiii 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 di4'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 re ported robberies, burglaries or other iniscoriduct.associated with our transient visitors, this stated fear of Strangers is not justified. It appears that the-complaint's 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- (0963 Attorney at Law -August 17,2p15 Re Short term rental I'didsome research and have learned that according to the 20'1011S.Census Data,there are 15,377-total:housing units lithe Town. And,as I read the comments:that have been given,'it is stated_thatthere 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 m 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 on'1y.2 percent of the,hon-tes in Town;areoffered,then the overwhelming majority-of the resident's and homeownersTown arc'NOT•experieticing-whatever supposed impact that short term rentals are'haying.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'`.newfangled" computer app-doesn't mean that many aWners want to make the effort needed to properly hast guests in their,homes. And.the fact that only 2 percent of the homes in Southold are being' offered pis 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 Koine 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- havemet people fiom around.tt e world'who have conic to enjoy vacationing,here,and we have had the pieastire of sitting and enjoying dimmer 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. Toinsurethat•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 yourierrvice to the community. Very truly yours, A4fig Standish, Lauren From: Russell,Scott SentThursday,;September 03,2015 3:32 PM To: ,Standish, Lauren Subject: FW:August 25th Meeting and.Chapter 280-Changes to Transient Rental Properties Attachments Southhold Board-Short-Terni Rental Letter.pdf Can you.make sure you print thisbefore I delete it?Thanks. From; Matthew Kiessling [mailto:mk(essling@traveltech,org] Sent:Tuesday;August 25,-2015 1:56 PM; To;Russell, Scott; WilliamkRuland; 1pevans@fishersisiand:net, Doherty,Jill;Jim Dinizio;,Ghosio, Bob;Tomaszewski, Michelle; Standish, Lauren •Subject:August 25th Meeting and Chapter 280-Changes to Transient Rental Properties August 25;,2015 Town Board-of the Town of Southold Southold.Town Hall SEP 3 2015 530,95:Main:Road SUPERVISOR'S OFFICE Southold, Newyork TOWN OFSOUTtiOLP Dear Town Supervisor Russell and Southold Town Board Members: The Short-Term Rental Advocacy Center(STRAC),.a program of the Travel Technology Association,is a broad- based-coalition Of property owners and managers, hosts/travelers-and busir esses,that,recognizes the-value of short-term rentals to bath travelers and the local communities they visit. Increasingly,;travelers,are'looking for short-term rental accommodations,that provide flexible-housing options.and.allow"them to spend longer periods of time in communities, in a unique.setting; all while.contributingtp the local economy,:ASsuch, we believe municipalities should embrace this economic.opportunity by_working with industry stakeholders to establish a;reasonable framework for'regulating short-term,rental activity so that all may benefit.STRAC counts among-its members, short-term rental'companies such'as HomeAway,AirBnB, and FlipKey. Short-term rental technology companies havecreated a vibrant marketplace for travelers and property owners, expanding thetravel landscape by offering alternative accommodations and providing economic" -benefits to communities around the world.,As the Southold Town Board-considers legislation-related to short- term rentals; it is important to enact public.policy that allows both travelers and residents the ability to-benefit -from the vast tourism and economic opportunities that short-term rentals provide. Travelers seeking short-term rental accommodations should see;Southold as a travel,destination that embraces short-term rentals,and is willing to offer travelers and their families a unique option when it:comes to-accommodations:To date,the Southold community has realized a very real;economic benefit,from the `presence ofshort-terra rentals.and the travelers who occupy them.Travelers choose short-term rentals for various reasons, including-the-need to accorr nlodate larger families that would otherwise require multiple. 'hotel rooms,travelers with;special'needs.or special needs`childr•en,or simply a desire for more lengthy and affordable stays. Regardless Of the reason travelers,chase short-term rentals;numerous studies have shaiwn 1 that.those.in short-term rentals stay longer and spend more money during their travel ,ersus:hotel stays.,The growth in demand for short-term rental:accommodations is exponential and Well documented. We urge the Board to act cautiouslywhen it comes to limiting the ability for homeowners to rent properties for fewer than 14 days. Given.the area's popularity, and the tremendous benefits of the-industry,,it perplexing to see imposing a 14-day minimum stay on short-term rentals in Southold under serious consideration. Across the-country,we have seen that when misguided policymakers seek to enact.oppressive. orlimiting,regulations,on short-term rentals,such as the minimum,stay provision outlined in this,ordinance, the-impact is such that.it.drives this popular industry underground, effectively eliminating- accountability liminatingaccountability and depriving.comrnunities of the corresponding tax and revenue benefits. With the proposed minimum stay,this:bill,would'he.detrimental to the owners,operators and hosts who. currently choose to offer short-term rentals, as Well,as the local.community's travel and.tourism economy as a whole.This,legislation,,is'a,blatant attack on short-term-rentals,theirowners and operators, and the travelers who,enjoy Furthermore,the proposed penalties in this draft,ordinance are excessive. We are aware of no.other towri-or city in America that has•°proposed such aggressive penalties against its own citizens:as:those set'forth in'this'legislation. We encourage the Town of Southold to continue to.worktowarddeveloping,sensible short-.term.rental regulations that meet the needs cifthe:town and the growing short-term rental.marketplace: If.reasonable regulations.are"enacted,then the tdvn an surrounding community would have muchto gain. The Travel Technology Association isavailable to the Town as a resource as you continue to.develop:short-, term,rental policies. We look forward to having the opportunity to work with you, We urge you to reject or defer the voteon any changes to local laws governing Transient.Rental Propertiesfor further consideration. Sincerely Matthew Kiessling Director of Coalitions and Grassroots:The Travel Technology Association Executive Director:The Short-term Rental Advocacy Center 2 \--'Thr IL- m',. )- Yl-iL JIM 1 a ' KatshLaw LLC NH a _ 65 Ryder Farm Lane BYL I)_9 _ Orient, NY 11957 Z3 0-- skatsh@katshlaw.com 646.712.1347 (tel.) 646.417.5777 (fax) www.katshlaw.com June 13, 2016 Salem M. Katsh Attorney at Law Honorable Leslie Kanes Weisman, Chairperson, - And Members of the Zoning Board of Appeals 54375 Main Rd Southold NY 11971 • Re: Cradit Hearing (#6954) Your letter of May 24, 2016 Dear Madam Chairperson: This letter relates to the appeal of Lisa Cradit and responds to your letter of May 24th. (I am also submitting a related letter today in connection with Ms. Bloom's appeal.) I. There Is No Basis for the ZBA to Consider Evidence on Such Matters as Basement Permits or Taxes In your letter of May 24th, you advised that at a meeting to be held on June 16, the ZBA will consider whether to re-open the hearing on Ms. Cradit's appeal. I had noted, in my letter of May 10, that the hearing would have to be re-opened in the event the ZBA decided to consider evidence on such issues as basement permits and county taxes issues that were injudiciously injected into the May 5th hearing without prior notice. , However, in my May 10 letter, I also argued, and I hereby reiterate, that issues such as permits and taxes are irrelevant, as a matter of law, to the grandfathering issue. This conclusion is reinforced by subsequent events. 1 4(X?' On June 3--after initially being denied access to the formal record in this proceeding (I was officially advised, in writing, that I could only gain access to the record if I filed a time-consuming FOIL request) I was able to review that record and determined that: (1) the ZBA had obtained from the Building Department, and had included in the record, copies of all permits, inspections and certificates of occupancy pertinent to the property Ms. Cradit had rented on a short-term basis. See Exh. A hereto. There are no documents in the record from the Building Department that constitute or reference any deficiencies or violations in respect of that dwelling. There are also in the record copies of the pictures provided to the ZBA at the May 5th hearing by Mr. Duffy, purportedly of Ms. Cradit's basement. However, neither in testimony at the May 5th hearing, nor in any document in the record, is there any interpretation of these pictures in terms of their legal significance, if any—there are no facts showing, nor any conclusions or statements asserting, directly or indirectly, any violation of anything in any Town code. Moreover, as you know, the ZBA lacks the jurisdiction, whether based on isolated pictures or otherwise, to determine that there have been or are any violations of the Building Code, as such authority is exclusively within the purview of the Building Department. Portion Properties, Inc. v. De Luca, 126 A.D.2d 650, 510 N.Y.S.2d 905 (2d Dep't 1987). Likewise, the record is entirely devoid of any evidence that Ms. Cradit has been found to be illegally in arrears on any of her taxes. Thus, even assuming that the issues of permits and taxes could somehow be relevant to this proceeding, the record is barren of any evidence of any violation or illegal activity prior to the date of the new STR law. II. Even if the ZBA Were to Deny the Appeal by Determining that Ms. Cradit's Dwelling Had Been in Violation of the Building Code or the Tax Laws, Such Ruling Would Necessarily Recognise Her Valid Grandfathering Rights It is quite ironic to realize that, if the ZBA were to deny this appeal by finding that Ms. Cradit was in violation of the Building Code or tax laws, the ZBA would effectively be holding that STRs warrant grandfathering status under Section 280-121. That is, the issue of whether Ms. Cradit's prior use was unlawful because of the absence of a basement permit or tax payment, cannot and does not arise—it is not presented for decision-- 2 unless the ZBA first concludes that her short term renting activity was otherwise entitled to be grandfathered. If she had no grandfathering rights to begin with, it would be inapt to consider whether Ms. Cradit lost that right. III. STR Use Has Always Been Legal Irrespective of Purported Permit or Similarly Extraneous Issues This proceeding has gone on long enough. We again urge the ZBA to comply with its own unequivocal affirmation at the May 5th hearing— expressly agreeing with our position-- that the sole issue for decision is the applicability of Section 280-121 to STRs. Since the statute on its face covers STRs, the question of grandfathering for STRs turns entirely upon whether STRs represented a lawful property use prior to the enactment of the new law. To what I have already demonstrated on this issue in my May 3 letter and at the May 5th hearing, I would respectfully add the following: First, it is well-recognized in zoning theory and practice that a zoning law cannot itemize every use that is allowed or that is prohibited. However, the legal question whether a zoning code, enforced by criminal sanctions, may be construed to outlaw any use it does not expressly allow, has but one logical and constitutional answer—it may not. Even without noting the applicable constitutional norms, the Clearwater and Fruchter cases' reached the correct outcomes, by insisting that a use may only be criminally outlawed by an express law. From the outset, the Supreme Court has clearly perceived the tension between property rights and the need for responsible land use regulation. Yick Wo v. Hopkins, 118 U.S. 356, 373 (1886) (explaining that a land use ordinance which authorizes officials to act with unbounded discretion must be pronounced "inoperative and void"); Lucas v. S.C. Coastal Council, 505 U.S. 1003, 1014 (1992) ("If . . . the uses of private property were subject to unbridled, uncompensated qualification under the police power, 'the natural tendency of human nature [would be] to extend the qualification more and more until at last private property disappear[ed]."') Pa. Coal Co. v. Mahon, 260 U.S. 393, 415 (1922). 1 Matter of Friichter v. Zoning Board ofAppeals of the Town of Hurley, 133 A.D.3d 1174(3"1Dept. 2015). 3 Only an express law can provide proper notice of what is prohibited. To satisfy due process, "a penal statute [must] define the criminal offense [1] with sufficient definiteness that ordinary people can understand what conduct is prohibited and [2] in a manner that does not encourage arbitrary and discriminatory enforcement." Kolender v. Lawson, 461 U. S. 352, 357 (1983); Skilling v. United States, 561 U.S. 358 (2010). Nor can it plausibly be argued that renting one's home is some alien property use. The Code's central authorization for single family dwellings covers renting just as much as it "allows" Christmas parties, cooking, maid service, chess tournaments, music lessons, allocating space and caring for an aging relative, home business offices, and on and on. No zoning code could possibly list all permitted activities. All of these uses are subsumed within the right of ownership. Second, and again to reiterate the discussion of this issue in my May 10 letter, the only exceptions to the right of grandfathering are set forth in the "except as provided below" paragraphs in Section 280-121. The property use of "Short term renting" is not excluded and none of the exceptions could possibly be read as allowing the grandfathering right to be gutted because a dwelling that for decades was in legal use required an additional permit for some small area of the house. Again, it is settled that zoning statutes must be strictly construed against the Town. Allen v. Adami, 39 N.Y:2d 275, 277 (1976): Since zoning regulations are in derogation of the common law, they must be strictly construed against the municipality which has enacted and seeks to enforce them. (Thomson Ind. v Incorporated Vil. of Port Washin. on North, 27 NY2d537, 539;Matter of 440 East 102nd St. Cor. v Murdock, 285 NY 298, 304.) Any ambiguity in the language used in such regulations must be resolved in favor of the property owner. (Matter of Turiano v Gilchrist, 8 AD2d 953, 954.) As shown in my May 10, 2016 letter, even Scott Russell clearly viewed STR's as a lawful property use prior to enactment of the new law when he seriously considered renting his home in 2014. And, of course. Short-term renting for 14 nights or more is now stated by the Town to be legal even in the absence of a law expressly so stating. IV.Appearing and Addressing the ZBA at the June 16th Meeting 4 � r -Aq2e11,0 Your letter of May 24th states that "public" comment is not invited at the ZBA's June 16th meeting. However, Ms. Cradit and her counsel will not be present as members of the public. Rather, Ms. Cradit is a party in this legal proceeding, which is of an adjudicatory nature. Ms. Cradit seeks relief from an injurious and allegedly unlawful action taken against her by the Town. I believe that in these circumstances Ms. Cradit and/or her attorney has a right to address the ZBA. (I note that, as far as I can determine, there is no legal bar to the ZBA allowing anyone to address the ZBA at such a meeting.) Moreover, the issue presented for decision is legal, not factual. 2 Constitutional and issues of statutory construction lie at the heart of the case. How could it not assist the ZBA to have input from Ms. Cradit's counsel? With respect, as shown by my letter of today's date regarding Ms. Bloom's appeal and the issue of mootness, ZBA counsel gave the ZBA clearly erroneous advice on the mootness issue and improperly shut off what would have been important and useful discourse. In this rather unusual case, the ZBA could only benefit from making appropriate provision for counsel's input.' Respectfully submitted, KatshLaw LLC By: Salem M. Katsh Attorney for Appellant Lisa Cradit 2 If the ZBA re-opened this hearing to take evidence on the permit/tax issues, that would implicate a new hearing at a different date. 3 All applicable points and authorities set forth in the letter being submitted today on behalf of Ms. Bloom's appeal are of public notice and further are hereby incorporated by reference. 5 ik(,963 EXHIBIT A TOWN OF 'SOUTHOLD RE6EVED BUILDING DEPARTMENT Office of the Building Inspector 0',PR 1; 7 2.016 Town Hall Southold, N.Y. 4011I3G BOARD OF APPEALS CERTIFICATE ,OF OCCU,PANcY No: Z-31'363 Pate: 12/29105. THIS' CERTIPIESthat the building. ADDITION Location of Property: 560 AKA #24 SOUND ROAD, GREENPORT (HOUSE NO,) (STREET), (11101LE11 County Tax Map Vb. '473889 Section 35 Block I Lot 14 Subdivision Lbt No. _ conforms Substantially to the APplication for Building Per-Mit heretofore filed in this office dated DECEMBER 2o,, 2005 pursuant to which Building Permit No. 31688-Z dated -DECEMBER 21, 2005 waS iSauedi and confortits to all of the requirements, of the applicable pro ions of the law: -TheoccuPancy for which- thiscertificate is, issued, is "AS BUILT. DECK ADDITION.TO: AW EXISTING SINGLE VAMILY. DVELLINGAS _ APPLIED FOR. _ The certifithte is ibOdedtbJEFFRETCAMPBELL:BUBB . _ (OWNER) of the aforesaid- building. SUVFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A. ELECTRICAL,CERTIFICATE'VO. N/A - PLUMBERS CERTIFICATION DATED N/A 'kLit, .*.r4e,YSignature Rev. 1/81 ( Town of Southold 4/7/2015 Bo' 1179 RECEIVED 0,0 5.3095 Main Rd Southold,New York 11971 APR 0 7 2f.)16 41 atr • ZONING BOARDOF APPEALS') CERTIFICATE OF *CCURANCY No: 37497 Date: 4/7/2015 • THIS CEATIMES Oat the building AS'BUILT ALTERATION Location ofProperty: ,560 Sound Rd?Greenport SCTM#: 473889 Sec/Block/Lot:: 35.-1-14 S sibdivi sion:- Filed Map No. Lot-No, conforms substantially to the Application for Bitilding,Pcrinit heretofOre tiled Iii tblsoke datec! 1/21/2015 -pursuant to which%Wiling Permit No. 3951i, dated 1/29/2015 was issued,and conforms to all of thelequirements'of the applicable provisions of the law. The ocatipancy for which this certificate is issued is: "AS,BUILT"ALTERATION FOR SF.C_OND FLOOR.liglITROOM TO AN EXISTING ONE FAMILY DWELLING AS APPLIIlI) FOR The certificate is issued to Cradit,Lisa • of the aforesaid building. SUFFOLK COVNTY'PEPARTMENT OF in-ALTH APPROVAL ELECTRICAL CERTIFICATE NO. 951'1 04=02-20,15 KVMEERS CERTIFICATION DATED 044272015 9rccnport1lurnbiag A tzed •ignatke • FORM ,NO. 4 64°: 1-tECEiVEL) -TOWN OF OUTROLDt BUILDING DEPARTMENT APR,(1 ZBIfi' Off ice of the Building Inspector ZONING BOPRoOFAPPEAL Southold, N.Y. PRE-EXISTING CERTIFICATE-OF OCCUPANCY NO: Z 31364 Date: 08125/05 THIS CERTIFIES that the building DWELLING, - Location of -Property , 560 AKA #24 SotiNb,,k0AD _ GREENPORT (HOUSE NO (STREET) • (HAMLET) County -Tax--Map NO. :471859 Section 035 . . BloOk, 0,001 'Lot 014 Subdivision yiled ,Map No, Lot No. , conforms substantially to,i4e.Requirmentn*r a ONE FAMILY-bNELLING'. bailt prior to APRIL 9., 3:953_ pursuant to whi,ch CRRTIFICATE,OF OCCUPANCY NUMBER-Z- 31364 -dated AUGUST .25_, 2005 was issued, and codforosto all-of the requirements of the applidable provisions of the law, The occupancy for vhial this certificate is issued is ONE FAMILY DWELLING WITH ACCESSORY GARAGE t_ The certificate is issued to' JEFFREY C. UMW & ORS (OWNER) -0 the aforesaid building, SUFFOLK COUNTY' DEPARTMENT OF, HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE 'NO. 'N/A PLUMBERS-CERTIFICATION N/A- *PEASE SEE ATTACHED INSPECTIONREPORT-„ , I , iuth6rfged Signature - Rev. 1/81 BUILDING DEPARTMENT TOWN OrSOUTHOLD HOUSING CODE INEPECTION-REPOPX 9.n Localtom. 5'60-AKA-fti4ksbuao'Rox6- .aBasaBow.r. • AP ili SUUDIVISIONli MAP:WO.: LOT (S) NAME OF:OWNER (S):-JEFFREY C..SUBS & ORE ZONING BOARD OF APPEALS oecuBANcli: SINGLE PARTLY DWELLING GEEPREY C. BUBB & ORS: ADMIITRDIM: JEAN BUB R: ACCOMPANIED BY: SAME REY AVAILABLE: SUP. co. TAX--RAP MO.: 35.-1-14 SOURCE OP EEQUEST: JEAN BUGS quips 05/25/05 paBLLIko: TYPE OP CONSTRUCTION: . WOOD FRAME 4 STOEIES: 2 0:# EXITS: FOUNNATION: cea-EaY BOo6w. _ pima, CRAWL SPACE: TOTAL ROOMS: 1ST FLN..; 5 2ND Fuc.„ 23RD 'MR.:: 0 BATUROOK(S):- 1.0 TOILET ROOM(S): „0.6 UTTLITYROOR(S): _:YES PORCH,TYPE: DECK TYPE pATIO TYPE r.” , - BREEZEWAY: . 'PIRBPLACE YES - GARAGE: - DOMESTIC UOTWATER: YESTYPE BICAPER: -HOT,WATER. AIRtOND.LirIONING: TYPE BRAT: ,OIL WARM AIR: VO BOTWATER: YES MUM: SEPARATE HOT WATER HEATER-. , - ACCESSORY STRUCTURES; GARAGE, TYPE OP CONST.: WOOD FRAME STORAGE,TYPE =ST.: MIMI= POOL: quFer, TYPE VIOLATIONS; CHAPTER 45 H.Y. 'STATE UNIFORM FIRE PREVENTION & DDII.DTNo,CODE. 1,6f.ATION J DESCRIPTION ART. 1sEc. 1- 1' REMARKS: BP 131680-E,COG-31163 (DECKAD/TiON) Jr INSPECT= BY: , 411 4--011TB,asi resa"BcrioN; 06/24/05 EORGE GIL EN TIME START: , END: FORM NO, 4 6q<?J APR a 7 .1'3 TOWN 'OF SOUTHOLD BUILDING DEPARTMENT ZONING BOARD OF AIji5H4)5 Office of the Building Inspector Town Hall Southold, N.Y. PRE EXISTING CERTIFICATE 'OF'OCCUPANCY No: 2- 31364 Date: '08/25/05 THIS CERTIFIES that the building DWELLING, Location of Property , 560 AKA #24 SOUND ROAD GREENPORT {HOUSE NO.) ('STREET) (HAMLET) County Tax Map No. 473889 Section 035 Block 0001 Lot 014 Subdivision Filed Map No. Lot No: conforms`•substantially to' the Requirements for` a ONE FAMILY DWELLING built- prior to. APRIL 9, 1957 pursuant to which CE,RTIFICA.TE OF OCCUPANCY NUMBER Z- 3'13'64_ dated'AUGUST .'25•,- 2005 was issued, and conforms to" all of the requirements of •the applicable provisions of ,the law. The ,occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH ACCESSORY GARAGE * The certificate is issued to JEFFREY C. BUBB & ORS (OWNER) of -the 'aforesaid building: SUFFOLK COUNTY DEPARTMENT OF HEALTH-APPROVAL N/A ELECTRICAL CERTIFICATE-NO. N/A PLUMBERS CERTIFICATION,DATED N/A *PLEASE SEE ATTACHED INSPECTION REPORT. ! / / =authorized Signature Rev. 1/81 _. ... . . . . . , BUILDING,DEPARTMEHT . °.. OWN OP. SOUTHOLD . ‘..:,,, ,• , . . HOUSING CODE,,'/NSPECTION REPORT . bq....c-73, rRECEIVEO 'LOCATION': -, ,,560-AXA #24 SOUND ROD ,, ,GRiSVPORt SptiOiVitsoth . *AP igo.:, _ Lai.- : (6) APR .0 1-2016 RARE OF OWNER;(5): 'JEFFREY-VC. BUBB & ORS- .. , ZONING BOARD OF APPEALS, °mummer': siimix,paii,-niOrdaUG JEFFRE(.C. BUBB &'ORS ,ADNITTRD,NX,i, JEAN SUER -, . „, ACCORPARIPB.SY: ,SANE.' REY,AVAILABLEi, - _ EJELi-- CO. TAX-KiliP,,NO:: 35.,1:14- -- _, — SOURCE OP iimuisrE Jew Aftis6-43/3.9/os, _ _ DATE: 63/2slo , s ,61,41;taimf, ., . , ' TYPE,OFCONSTROCTION: WOOD FRAME' # STORIES: 2.0 #'EXITS1 3 ' DATION: cimEkTAloock - - CELLAR: FULL CRANL.SPACS: , - - - TOTAL ROOMS: LET MR.': .5 2ND PLR.: 2 3RD MR.:, 0 , , . BROOM CS) , -1.0 TOAST ROOK(S),: 0,.:0= UTILITY ROOK(S):._ YES PORCH TYPE: . - - _ DECK TYPE: _ PATIO TIME: _ _ ,... - -DREEZENAYe____ FIREPLACE: -YES_ 'GARAGE: -- -.. 1Nmesmc uoili4Mnizz YES _TYPE-MATER: .1101,WATER'. ,AIRCONDITIONING: 'TIPS BEAT,i .OIL RARE AIR:, NO, . : HOTWATER:, IEE OTHER: SEPARATE HOT.-WATER HEATER- . - . . ------- . - , . '... . . . , _ . __ . ....... _ACCESSORY STRUCTURES!, _GARAGE, TYPE OP CONS? ii0566,Phhi4EsivRAdE, TYPE'CURET:: . . SWINNFOG-POOL: __ GUEST, IIPE CONST.: ' .. .-.- ..... °TEEM' , . . _ _ -I . , 7 - VIOLATIONS:- CHAPTER 45 N.-:X. STATE UNIFORWFIRE PREVENTION sc.auiLlitua'tODE 'LOCATION- DESCRIPTION . . ART: I. SEC, , . . , . . . . , . . . , : .. , , . . . . . . . . I . , RENARRS: EP-4316SS-E-COZ-31363, iDECK ADDITiON) -1911MiliSfre- '7,0 INSPECTED-BY: AftibeigLif % ;NYE ON Ingiiiierio*i 08/24/05 . ,GEo)wE GIL(RR TIME swaril ,_ _ END: , , . ,\O Fuentes, Kim V From: Fuentes, Kim ��� V Sent: Monday,June_,06,..2016 8:45 AMS N 0 % 2515 To: Duffy, Bill J' Subject: FW: Cradit and Bloom Records before ZBA � .. p Bill, Regarding theBloom-records,,the file is already archived in Laserfiche. Mr. Katsh has the instructions to research the records. Please let me know if you need further information. Kim E. Fuentes Secretary to the Zoning Board of Appeals Town of Southold 631-765-1809, Ex. 5011 From: Salem Katsh [mailto:skatsh@katshlaw.com] Sent: Friday, June 03, 2016 6:52 PM To: Fuentes, Kim; Duffy, Bill Cc: Lisa Cradit; laurie.bloom@rivkin.com Subject: RE: Cradit and Bloom Records before ZBA Dear Bill and Kim: Thank you very much for your help and cooperation in providing the record on Ms. Cradit's appeal. This email is to confirm the understanding the three of us reached today, at the meeting in Bill's office, that these documents represent the entire and sole record upon which the ZBA will decide this appeal. In setting forth this understanding, we of course reserve all rights to question the authenticity or evidentiary nature of any part of this record. I want to remind you that we also asked for and wish to receive, at your earliest convenience, the record of Ms. Bloom's appeal. Although that appeal was declared to be terminated by the ZBA at the May 5th hearing, we have petitioned the Board to re-open the case and, as we discussed with you today, we intend to make a further important submission in support of that request prior to the ZBA special meeting on June 16. I hope we will receive this record on Monday. If there is any problem, and I would not anticipate any, I would appreciate your calling me. There is still the matter of the transcript of the May 5th hearing. Bill, the transcript located on Laserfiche cannot be part of the record because the text was created by electronic means and was not, I am certain(given all the errors), reviewed for accuracy by a human being. The certification by a ZBA typist that purports to state the transcript is true and accurate is obviously a boilerplate statement, and it also obviously is not and cannot be a factual statement. Please confirm that this hearing transcript is not part of the record on which the ZBA will base its decision. If the hearing is to be part of the record, the tape will have to be properly transcribed by a court reporter or other person licensed to create a transcript for a legal proceeding. This is not a matter for a "typist." Again, if there is any issue on this score pls call me to discuss. 1 Y Again, subject to resolving the issue of the transcript, I now consider myself to have the same record, in its entirety, upon which the ZBA will consider the case. Kim, I would appreciate your filing this email into the records of both Cradit and Bloom in the interests of completeness. Thank you. kr16:163 Have a great weekend. Salem M. Katsh KatshLaw LLC 65 Ryder Farm Lane Orient NY 11957 Tel. 646 712 1347 Fax. 646 417 5777 skatsh@katshlaw.com www.katshlaw.com On June 3, 2016 at 11:30 AM "Fuentes, Kim" <kimf@southoldtownny.gov>wrote: Email 2 of 2 Kim E. Fuentes Secretary to the Zoning Board of Appeals Town of Southold 631-765-1809, Ex. 5011 From: Fuentes, Kim Sent: Friday, June 03, 2016 11:26 AM To: 'Salem Katsh' Cc: Duffy, Bill Subject: Cradit #6953, records from ZBA file attached Kim E. Fuentes 2 Secretary to the Zoning Board of Appeals Town of Southold f16 -1) 631-765-1809, Ex. 5011 From: Salem Katsh [mailto:skatsh@katshlaw.com] Sent: Thursday, June 02, 2016 5:13 PM To: Fuentes, Kim; Duffy, Bill; russelk yankwitt.com; Kiely, Stephen; Lisa Cradit; laurie.bloom@rivkin.com Subject: PIs furnish to Chairperson Weisman immediately Salem M. Katsh KatshLaw LLC 65 Ryder Farm Lane Orient NY 11957 Tel. 646 712 1347 Fax. 646 417 5777 skatsh@katshlaw.com www.katshlaw.com 3 Fuentes, Kim _ From: Fuentes, Kim Sent: Tuesday, June 07, 2016 3:29 PM To: 'Salem Katsh' Cc: Duffy, Bill; Sakarellos, Elizabeth \l 'c3 Subject: ZBA#6954 Bloom 16-a(1" Attachments: 6954.pdf 101 Mr. Katsh, Attached, please find the records you requested. Also, a CD copy of the May 5, 2016 ZBA public hearing is available for you to pick up from our office. Let me know if you need any further assistance. Kim E. Fuentes Secretary to the Zoning Board of Appeals Town of Southold 631-765-1809, Ex. 5011 1 ZIC iue a ..le JUNi717X ill Salem Katsh <skatsh@katshlaw.com> /: 06 2016 II Sent: Friday,June 03, 2016 6:52 PM By.` To: Fuentes, Kim; Duffy, Bill —•.�3 Cc: Lisa Cradit; laurie.bloom@rivkin.com ""— Subject: RE: Cradit and Bloom Records before ZBA Dear Bill and Kim: Thank you very much for your help and cooperation in providing the record on Ms. Cradit's appeal. This email is to confirm the understanding the three of us reached today, at the meeting in Bill's office,that these documents represent the entire and sole record upon which the ZBA will decide this appeal. In setting forth this understanding, we of course reserve all rights to question the authenticity or evidentiary nature of any part of this record. I want to remind you that we also asked for and wish to receive, at your earliest convenience,the record of Ms. Bloom's appeal. Although that appeal was declared to be terminated by the ZBA at the May 5th hearing, we have petitioned the Board to re-open the case and, as we discussed with you today, we intend to make a further important submission in support of that request prior to the ZBA special meeting on June 16. I hope we will receive this record on Monday. If there is any problem, and I would not anticipate any, I would appreciate your calling me. There is still the matter of the transcript of the May 5th hearing. Bill, the transcript located on Laserfiche cannot be part of the record because the text was created by electronic means and was not, I am certain(given all the errors), reviewed for accuracy by a human being. The certification by a ZBA typist that purports to state the transcript is true and accurate is obviously a boilerplate statement, and it also obviously is not and cannot be a factual statement. Please confirm that this hearing transcript is not part of the record on which the ZBA will base its decision. If the hearing is to be part of the record,the tape will have to be properly transcribed by a court reporter or other person licensed to create a transcript for a legal proceeding. This is not a matter for a "typist." Again, if there is any issue on this score pls call me to discuss. Again, subject to resolving the issue of the transcript, I now consider myself to have the same record, in its entirety, upon which the ZBA will consider the case. Kim, I would appreciate your filing this email into the records of both Cradit and Bloom in the interests of completeness. Thank you. Have a great weekend. Salem M. Katsh KatshLaw LLC 65 Ryder Farm Lane Orient NY 11957 1 Tel. 646 712 1347 Fax. 646 417 5777 skatsh@katshlaw.com www.katshlaw.com -D On June 3, 2016 at 11:30 AM "Fuentes, Kim" <kimf@southoldtownny.gov>wrote: Email 2 of 2 Kim E. Fuentes Secretary to the Zoning Board of Appeals Town of Southold 631-765-1809, Ex. 5011 From: Fuentes, Kim Sent: Friday, June 03, 2016 11:26 AM To: 'Salem Katsh' Cc; Duffy, Bill Subject: Cradit #6953, records from ZBA file attached Kim E. Fuentes Secretary to the Zoning Board of Appeals Town of Southold 631-765-1809, Ex. 5011 From: Salem Katsh [mailto:skatsh(akatshlaw.com] Sent: Thursday, June 02, 2016 5:13 PM To: Fuentes, Kim; Duffy, Bill; russellPyankwitt.com; Kiely, Stephen; Lisa Cradit; Iaurie.bloom©rivkin.com Subject: PIs furnish to Chairperson Weisman immediately 2 J 1 Salem M. Katsh (0q° KatshLaw LLC 65 Ryder Farm Lane Orient NY 11957 Tel. 646 712 1347 Fax. 646 417 5777 skatsh@katshlaw.com www.katshlaw.corn 3 *(t)Ct Fuentes, Kim _ From: Fuentes, Kim Sent: Monday,June 06, 2016 8:45 AM To: Duffy, Bill Subject: FW: Cradit and Bloom Records before ZBA Bill, Regarding the Bloom records, the file is already archived in Laserfiche. Mr. Katsh has the instructions to research the records. Please let me know if you need further information. Kim E. Fuentes - Secretary to the Zoning Board of Appeals Town of Southold 631-765-1809, Ex. 5011 From: Salem Katsh.[mailto:skatshkatshlaw.com] Sent: Friday, June 03, 2016 6:52 PM To: Fuentes, Kim; Duffy, Bill Cc: Lisa Cradit; laurie.bloom@ rivkin.com Subject: RE: Cradit and Bloom Records before ZBA Dear Bill and Kim: Thank you very much for your help and cooperation in providing the record on Ms. Cradit's appeal. This email is to confirm the understanding the three of us reached today, at the meeting in Bill's office, that these documents represent the entire and sole record upon which the ZBA will decide this appeal. In setting forth this understanding, we of course reserve all rights to question the authenticity or evidentiary nature of any part of this record. I want to remind you that we also asked for and wish to receive, at your earliest convenience,the record of Ms. Bloom's appeal. Although that appeal was declared to be terminated by the ZBA at the May 5th hearing, we have petitioned the Board to re-open the case and, as we discussed with you today, we intend to make a further important submission in support of that request prior to the ZBA special meeting on June 16. I'hope we will receive this record on Monday. If there is any problem, and I would not anticipate any, I would appreciate your calling me. There is still the matter of the transcript of the May 5th hearing. Bill,the transcript located on Laserfiche cannot be part of the record because the text was created by electronic means and was not, I am certain(given all the errors), reviewed for accuracy by a human being. The certification by a ZBA typist that purports to state the transcript is true and accurate is obviously a boilerplate statement, and it also obviously is not and cannot be a factual statement. Please confirm that this hearing transcript is not part of the record on which the ZBA will base its decision. If the hearing is to be part of the record, the tape will have to be properly transcribed by a court reporter or other person licensed to create a transcript for a legal proceeding. This is not a matter for a "typist." Again, if there is any issue on this score pls call me to discuss. 1 j- nne4,0 I -="ii ( reEnVZ1 KatsbLaw LLC JUN 0 3 2016 65 Ryder Farm Lane BY:–.. - Orient, NY 11957 skatsh@katshlaw.com 646.712.1347 (tel.) 646.417.5777 (fax) www.katshlaw.com June 2, 2016 Salem M. Katsh Attorney at Law Honorable Leslie Kanes Weisman, Chairperson, and Members of the Zoning Board of Appeals 54375 Main Rd Southold NY 11971 Re: Cradit/Bloom Appeals Dear Chairperson Weisman: I ask your immediate intervention to direct your office to furnish me with copies of the official records on the above-referenced appeals. According to Ms. Fuentas, she has been instructed by Mr. Duffy to deny me access to these records unless I submit a FOIL request for them. As you know, I moved to disqualify Mr. Duffy from participating in these appeals in any fashion, for the obvious reason that the legality of the actions of his Office in the form of Ms. Buckner's letters of January 21s` to my clients— was at issue on the appeals. Mr. Duffy thereafter agreed that his Office would be recused and Mr. Messina was hired as special counsel. Mr. Duffy has at every turn obstructed my clients' rights in this proceeding and under the Town Code. This is not some hick lawyer who `don't know `notin'. Duffy is quite intelligent and experienced, his actions have obviously been deliberate. AVG,C° Despite all differences, from our side we have proceeded in accordance with the applicable rules. Under Town Law 5267 the procedures for the ZBA'are established. The "record" is repeatedly referred to in the same sense as the record of a judicial proceeding. One does not file a FOIA or FOIL request to obtain court documents!! One goes to the Court clerk. We have an upcoming special meeting on June 16`h. We have a critical need to review the records in these proceedings. Please remedy this situation immediately so that I may pick up the'documents tomorrow morning. Respectfully submitted, KatshLaw LLC By: fir' 1 Salem M. Katsh ' Attorney for Appellants Lisa Cradit and Laurie Bloom 2 � 1 lw` Fuentes, Kim - From: Fuentes, Kim Sent: Friday, June 03, 2016 11:28 AM To: 'Salem Katsh' f\IL6tAgjlt Cc: Duffy, Bill Subject: RE: Crad' #6953, -cords from ZBA file attached (1 of 2) e�O� 1_n Attachments: CRADIT , RADII 1.pdf ` CJCa Email 1 of 2 • Kim E. Fuentes Secretary to the Zoning Board of Appeals Town of Southold 631-765-1809, Ex.5011 From: Salem Katsh [mailto:skatshOkatshlaw.com] Sent: Thursday,.June 02, 2016 5:13 PM To: Fuentes, Kim; Duffy, Bill; russelayankwitt.com; Kiely, Stephen; Lisa Credit; Iaurie.bloom@ rivkin.com Subject: Pls furnish to Chairperson Weisman immediately Salem M. Katsh' KatshLaw LLC 65 Ryder Farm Lane, Orient NY 11957 Tel. 646 712 1347 - Fax. 646 4175777 _ skatsh@katshlaw.com www.katshlaw.com 1 ( 3) (4011° Fuentes, Kim _ From: Fuentes, Kim Sent: Friday,June 03, 2016 11:30 AM To: 'Salem Katsh' Cc: Duffy, Bill Subject: RE: Cradit#6953, records from ZBA file attached Attachments: CRADIT 4.pdf; CRADIT 3.pdf Email 2 of 2 Kim E. Fuentes Secretary to the Zoning Board of Appeals Town of Southold 631-765-1809, Ex.5011 From: Fuentes, Kim Sent: Friday, June 03, 2016 11:26 AM To: 'Salem Katsh' Cc: Duffy, Bill Subject: Cradit #6953, records from ZBA file attached Kim E. Fuentes Secretary to the Zoning Board of Appeals Town of Southold 631-765-1809, Ex. 5011 From: Salem Katsh [mailto:skatsh@katshlaw.com] Sent: Thursday, June 02, 2016 5:13 PM To: Fuentes, Kim; Duffy, Bill; russell@yankwitt.com; Kiely, Stephen; Lisa Cradit; laurie.bloom@rivkin.com Subject: Pls furnish to Chairperson Weisman immediately Salem M. Katsh KatshLaw LLC 65 Ryder Farm Lane Orient NY 11957 Tel. 646 712,1347 Fax. 646 417 5777 skatsh@katshlaw.com www.katshlaw.com 1 {r BOARD MEMBERS ��'�� ®� S®(/j Southold Town Hall ' jLeslie • Kanes Weisman,Chair', n �� �* ®�® 53095 Main Road• P.O. Box 1179 • i, i 4 Southold,NY 11971-0959 Eric Dantes l� Office Location: Gerard P.Goehringer G ictal Town Annex/First Floor,Capital One Bank George Horning „; 54375 Main Road(at Youngs Avenue) j \-° ill- Kenneth Schneider =�'� Av.o��� Southold,NY 11971 t ) http://southoldtown.northfork.net t5h41 ZONING BOARD OF APPEALS S TOWN OF SOUTHOLD �� Tel.(631) 765-1809 •Fax (631) 765-9064 May 24, 2016 Katsh Law, LLC Salem M. Katsh 65 Ryder Farm Lane Orient,NY 11957 RE: File# 6953, Lisa Cradit 560 Sound Road, Greenport Dear Mr. Katsh: I am writing to you on behalf of the Zoning Board of Appeals ("the Board") in response to your letter dated May 10, 2016 in which you requested that 1) the hearing in the appeal of Ms. Cradit be re-opened, and 2) that the appeal of Ms. Bloom, be "reinstated and be heard." Request to re-opening Cradit Appeal The Cradit Appeal-will-appear-on the Board's June-16`h agenda. At-that-time your--request to re- open the appeal will be considered by the Board. Please be advised that although this meeting is open to the public, the Board does not take public comment at this meeting. Request to reinstate Bloom Appeal The Board is granted certain powers and duties under section 280-146 of the Town Code. The Bloom Appeal was an appeal from a determination of an administrative officer that sought an interpretation of a certain provisions of Chapter 280 of the Town Code pursuant to 280-146 (D) (1). Specifically, the Bloom appeal sought an interpretation of Chapter 280 pursuant to a Notice of Violation issued by Code Enforcement Officer Buckner. Once Officer Buckner rescinded the Notice of Violation, the Board was without authority to hear the application. The letter rescinding the appeal did not give an explanation for the rescission. Please contact the Town Attorney directly for more information regarding the reasons for the rescission of the appeal. Sincerely, 4111/t--Leslie Kanes Weis an Chairperson cc: Vincent Messina, ZBA Special Counsel is3 +-64sti Toth, Vicki From: Deborah Rivera <drivera@thesuccessiongroup.com> Sent: Wednesday, May 04, 2016 9:56 PM To: Toth,Vicki Subject: STRs must follow the law like everyone else Attachments: Level PlayingGroundforSTRs.docx Dear Ms.Toth,, Repealing the short term law will send us down a very slippery slope. I appeal to you and the board to stand your ground. Deborah Rivera Pittorino Founder and Managing Partner The Succession Group&Greenporter, LLC www.thesuccessiongroup.com 212-260-1919 ext. 201 THE quccESSLON U10lJP 1 W6.3 May 3, 2016 Ms:Vicki Toth Zoning Board Appeals Town of Southold Re: Short term rentals and the law VIA EMAIL Dear Ms. Toth and Board Members of the Township of Southold: My name is Deborah Rivera Pittorino and I am the owner of a 30 room hotel in the Village of Greenport, on the North Fork of Long Island. 15 years ago, I invested my life savings and all m y dreams into a small lodging business called Greenporter Hotel. When I decided to go into this business, I was obligated to seek permitting in order to build and operate a lodging establishment in an area zoned for commercial use. In accordance with the law, I underwent the laborious process of applying for a hotel license, a health department license and a liquor license. Additionally, I was required to provide ADA access by building ramps and accessible bathrooms and guestrooms and was also required to install an-elevator for guests in wheel chairs. As a result, I underwent inspection from the Suffolk county health department,the local fire department and was also required to take commercial insurance to protect the interests of my customers. All of these measures were taken to ensure that I was operating a business in a manner that was safe for my customers and in accordance with the laws of the county in which I conduct business. In addition to the litany of requirements to establish a legal lodging business in the State of New York, I was also obliged to register with the NY State Tax authority and collect sales tax and also collect a Suffolk County occupancy tax, part of which funds tourism promotion on behalf of the New York State and Suffolk County. When I established by business in October of 2000, I was not aware that I had the option to establish a rooming house whereby I could just rent rooms by listing them on the internet without having to seek business licenses, health department and fire safety approvals and other requirements. I was not aware of that option in October of 2000 because it was not legal then and I do not know of any law that makes it legal now. I understand that operators of illegal rooming houses are seeking exception to the law in that they were operating illegally before but because no one stopped them, they should be allowed to continue to operate illegal lodging businesses. I believe that allowing this exception is a slap in the face of business owners on the North Fork who endured the process to operate a legal lodging business, restaurants, bars, vineyards or event halls, to allow just anyone to start renting rooms, operating restaurants, day care centers, hair salons, flower shops or any other business by just putting a sign on their door and listing an ad on a website without seeking the proper licensing or tax authority registration. This is what is referred to in third world countries as "informal economies" whereby citizens run amok and set up businesses without the proper approvals and without registering with the tax authority to contribute to the communities where they operate. You should all know that New York State is looking to raise sales taxes because the coffers are bare. In the end, all of you will have to pay for the tens of millions of dollars are not making it to the coffers of the State and local governments as the result of Short Term Rentals. Short term rentals are undercutting legitimate businesses like mine by charging less because they do not have to collect the taxes or undergo the expense of safety equipment and training or licensing from any authority. As a result of business going to these illegal operators, legitimate hotels are collecting less State and Occupancy tax and the public will eventually be called upon to foot the bill for this. Based on a quick search of the AirBnB website, looking at listing for Nassau and Suffolk Counties, excluding those listed as B&Bs, based on availability there are over 800 overnight opportunities. Based on the average occupancy rate through May 2016 equates to 192 THOUSAND rooms annually. Because we collect approximately$30 perguest room between sales tax and Suffolk County occupancy tax, the total loss to the State and county is almost Six million dollars for half the year.which makes it closer to 15 million annually as summer and Fall are,our busy months. There are approximately 18,000 available legal rooms on Long Island that operate by the rules, and these additional 192,000 do not contribute to the municipal coffers and go uninspected, unlicensed, and operate with complete,disregard for the safety and security of their paying customers or their residential neighbors. By not having to undergo the same health inspection and safety process, the lives of families are being put in danger and residential communities are being turned into business districts. The • parking lots and residential streets are overflowing with cars and the noise of all night parties during summer weekends from these rentals and this is an infringement on the lives of families who purchased homes in what they thought were residential neighborhoods. In addition to asking that these lodging business register with the NY State Tax authority, we are asking that short term rentals be subject to the same inspection processes that exist for the hotel and lodging industry, including: • Compliance with Americans with Disabilities Act design requirements as well as other safeguards like providing such added security as swimming pools with anti-entrapment features and exceeding balcony railing standards. • Fire and sprinkler systems;a fire and emergency evacuation plan, smoke detectors, and accessible fire extinguishers. • Security systems, electric locks with deadbolts, and night latches. • CPR and emergency trained-staff • Regular health and safety inspections by local, municipal, or state departments and - agencies. ' ' •, The added security of knowing that hotels are covered under liability insurance. We feel that if'we do not see order restored in the formal lodging industry, small hotels like mine will consider surrendering our hotel licenses. We will then list our rooms,on Airbnb, Vale HomeAway and VRBO and,no longer be subject to the collection of taxes, the health and safety rules of the county, as well as zoning and business laws. We will save on the expenses of business insurance, health and safety staff and licensing in addition to other costs associated with running a legal lodging business. As the saying goes, if you can't beat them,join them—and with that, the state and county governments will have no one to maintain safety conditions, collect taxes and enforce the law. If that is the desired outcome, then allow those who were breaking the law before, to continue breaking the law because they were doing it before someone told them to stop. If these businesses want to rent by the day, let them get in line for B&B licenses like everyone else and if not, they need to abide by the policies established by our local government governing short term rentals. Respectfully yours, Deborah Rivera Pittorino k6- 'cc(' Toth, From: Deborah Rivera <drivera@thesuccessiongroup.com> Sent: Wednesday, May 04, 2016 9:56 PM To: . Toth,Vicki Q Subject: STRs must follow the law like everyone else r S j 1 rY RBC /VED, 19- 7 Attachments: LevelPlayingGroundforSTRs.docx. MAY ®62lo Dear Ms.Toth, - ®NI1�G BOAR QF;gPp Ls Repealing the short term law will send us down`a very slippery slope. I appeal to you and the board to stand your ground. Deborah Rivera Pittorino Founder and Managing.Partner The Succession Group&Greenporter, LLC - www.thesuccessiongroup.com 212-260-1919 ext. 201 T- $ � - BH8f3SSION 1 /lb el, „NOV (,,,N4 4,6<jjj\v<6 „ RECEWED May 3, 2016 ; MAY ® 5 2016 Ms. Vicki Toth Zoning Board Appeals - - ZONING BOARD OF APPEALS Town of Southold Re: Short term rentals and the law VIA EMAIL Dear Ms. Toth and Board Members of the Township of Southold: My name is Deborah Rivera Pittorino and I am the owner of a 30 room hotel in the Village of Greenport, on the North Fork of Long Island.. 15 years ago, I invested my life savings and all my. dreams into a small lodging business called Greenporter Hotel. When I decided to go into this business, I was obligated to seek permitting in order to build and operate a lodging establishment in an area zoned for commercial use. In accordance with the law, I underwent the laborious process of applying for a hotel license, a health department license and a liquor license. Additionally, I was required to provide ADA access by building ramps and accessible bathrooms and guestrooms and was also required to install an elevator for guests in wheel chairs. As a result, I underwent inspection from the Suffolk county health department,the local fire department and was also required to take commercial insurance to protect the interests of my customers. All of these measures were taken to ensure that I was operating a business in a manner that was safe for my customers and in accordance with the laws of the county in which'I conduct business. In addition to the litany of requirements to establish a legal lodging business in the State of New York, I was also obliged to register with the NY State Tax authority and collect sales tax and , also collect a Suffolk County occupancy tax,part of which funds tourism promotion on behalf of the New York State and Suffolk County. When I established by business in October of 2000, I was not aware that I had the option to establish a rooming house whereby I could just rent rooms by listing them on the internet without having to seek business licenses, health department and fire safety approvals and other requirements. I was not aware of that option in October of 2000 because it was not legal then and I do not know of any law that makes it legal now. I understand that operators of illegal rooming houses are seeking exception to the law in that they were operating illegally before but because no one stopped them, they should be allowed to continue to operate illegal lodging businesses. I believe that allowing this exception is a slap in the face of business owners on the North Fork who endured the process to operate a legal lodging business, restaurants, bars, vineyards or event halls,to allow just anyone to start renting rooms, operating restaurants, day care centers, hair salons;flower shops or any other business by just putting a sign on their door and listing an ad on a website without seeking the proper licensing or tax authority registration. This is what is referred to in third world countries as "informal economies" whereby citizens run amok and set up businesses without the proper approvals and without registering with the tax authority to contribute to the communities where they operate. • 4110 *elL°1- 3 You should all know that New York State is looking to raise sales taxes because the coffers are bare. In the end, all of you will have to pay for the tens of millions of dollars are not making it to the coffers of the State and local governments as the result of Short Term Rentals. Short term rentals are undercutting legitimate businesses like mine by charging less because they do not have to collect the taxes or undergo the expense of safety equipment and training or licensing from any authority. As a result of business going to these illegal operators, legitimate hotels are collecting less State and Occupancy tax and the public will eventually be called upon to foot the bill for this. Based on a quick search of the AirBnB website, looking at listing for Nassau and Suffolk Counties, excluding those listed as B&Bs, based on availability there are over 800 overnight opportunities. Based on the average occupancy rate through May 2016 equates to 192 THOUSAND rooms annually. Because we collect approximately$30 per guest room between sales tax and Suffolk County occupancy tax,the total loss to the State and county is almost Six million dollars for half the year which makes it closer to 15 million annually as summer and Fall are our busy months. There are approximately 18,000 available legal rooms on Long Island that operate by the rules, and these additional 192,000 do not contribute to the municipal coffers and go uninspected, unlicensed, and operate with complete disregard for the safety and security of their paying customers or their residential neighbors. By not having to undergo the same health inspection and safety process,the lives of families are being put in danger and residential communities are being turned into business districts. The parking lots and residential streets are overflowing with cars and the noise of all night parties during summer weekends from these rentals and this is an infringement on the lives of families who purchased homes in what they thought were residential neighborhoods. In addition to asking that these lodging business register with the NY State Tax authority, we are asking that short term rentals be subject to the same inspection processes that exist for the hotel and lodging industry, including: • Compliance with Americans with Disabilities Act design requirements as well as other safeguards like providing such added security as swimming pools with anti-entrapment features and exceeding balcony railing standards. • Fire and sprinkler systems, a fire and emergency evacuation plan, smoke detectors, and accessible fire extinguishers. • Security systems, electric locks with deadbolts, and night latches. • CPR and emergency trained-staff • Regular health and safety inspections by local, municipal, or state departments and agencies. • The added security of knowing that hotels are covered under liability insurance. We feel that if we do not see order restored in the formal lodging industry, small hotels like mine ° will consider surrendering our hotel licenses. We will then list our rooms on Airbnb, 6Cil° HomeAway and VRBO and no longer be subject to the collection of taxes, the health and safety rules of the county, as well as zoning and business laws. We will save on the expenses of business insurance, health and safety staff and licensing in addition to other costs associated with running a legal lodging business. As the saying goes, if you can't beat them,join them—and with that, the state and county governments will have no one to maintain safety conditions, collect taxes and enforce the law. If that is the desired outcome, then allow those who were breaking the law before, to continue breaking the law because they were doing it before someone told them to stop. If these businesses want to rent by the day, let them get in line for B&B licenses like everyone else and if not, they need to abide by the policies established by our local government governing short term rentals. Respectfully yours, Deborah Rivera Pittorino \\I„ (0 iftrk s �aEcE�vED Before the Southold MAY 3 2016 Zoning Board of Appeals Joint �a���oFAP� pc,� Joint Supplemental Submission of Lisa Cradit (#6953) and Laurie Bloom (#6954) in Support of their Appeals for an Interpretation of Town Code Article XXIII, Section 280-121 (nonconformirr d-uses) in relation to Transient Rental Property. x Hearing: May 5, 2016 1:15 p.m. To the Honorable Southold Zoning Board of Appeals: We have not heard, nor are we aware, of any arguments or views that have been filed or otherwise officially put forward in opposition to these appeals. Nonetheless, we are aware of various informal views that have been expressed to the effect that short-term rental transactions concluded before the new law was passed,were unlawful, and, hence, the requirements for grandfathering cannot be met. In order to ensure that our position on this issue is clear, and that this Board, if it should entertain this argument, has a solid record upon which to consider it, we are filing this supplemental submission. Introduction Appellants Lisa Cradit and Laurie Bloom filed their Appeals ##6953 and 6954 on or about March 25, 2016 pursuant to Article XXVI Section 280-146d of the Town Code for an Interpretation of Article XXIII, Section 280-121 (nonconforming uses) in relation to the new short-term rental law, Article XXIII, 5§280-4, 280-111(j) and 280-4b(192) ("transient rental property"). As set forth in their Appeals, Appellants seek an Order invalidating decisions by the town code enforcement officer, set forth in identical letters sent to each of Appellants dated January 21, 2016, holding that each of them had been "found to be in violation" of the town's new short-term rental law. See Exhibits A to Appellants' Appeals. The Order Appellants seek would provide that: 1. Article XXIII Section 280-121 of the Town Code is applicable to the new short-term rental law (Article XXIII, 55280-4, 280-111(j) and 280-4b(192) ("Transient Rental Property")); 2. Appellants' non-conforming use is permitted by Article XXIII 5280- 121; and 3. The letters sent to Appellants, Exhibits A to each Appeal (#6953 and # 6954), are hereby vacated and are null and void. No Issue Exists As to the Applicability of Southold's Grandfathering Provision (5280-121) As to the applicability of Section 280-121 (non-conforming [prior] use) to the new short-term rental law, no argument denying this fact has been or could be presented. The point is too clear for debate—the new law classifies transient rentals as a property "use" and provides that a rental for less than 14 nights is a "prohibited use." The new law was incorporated into the Zoning Code and adopts the code's criminal enforcement mechanism. The Town law's grandfathering provision, 5280-121, is generically applicable throughout the Zoning Code. No Credible Argument Is Possible that, Prior to Passage of the New Law, Short-Term Renting Was Prohibited by Some Implied, Invisible Law The Town Board has never advanced the position that short term renting was an illegal activity prior to passage of the new law. Nonetheless, we are advised that certain Town Board members have seemingly suggested that the Code has always prohibited the practice. If these suggestions in fact reflect the views of any Town officials, they are, as discussed below, misinformed as to the issues, the relevant facts and the law. Should they be expressed in this proceeding, they should be rejected. 2 916' I. Renting one's own home is a practice directly attendant to the right of home ownership itself. Undoubtedly, people have been renting their land, houses and property in all imaginable ways, all over the world, for thousands of years.' It is not surprising, therefore, that the Southold Code has never contained a prohibition as to rentals—of any duration-- of one's own home. See David Allbrittoll, et al. v. City of Clearwater, Civ. No: 03-004365-ci-20 (6`h Jud. Cir. Pinellas County FL 2007), a grandfathering case with very similar facts to this case, where the Court held that "defendant is unable to point specifically to any section within the code that expressly prohibits short term rentals prior to the enactment of the 2003 ordinance." A copy of this decision is attached as Exh. A. The Clearwater Town Board appealed this ruling, but the appeals court affirmed the opinion "per curiam," meaning that the issue was considered too obvious for further judicial discourse. City of Clearwater v. Albritton, 2007 Fla. App. LEXIS 19551, 969 So. 2d 1026 (Ct. App. FL. 2007). The Board's Supervisor, Mr. Russell, and the Board itself, have never justified the new law in terms of the need to add to or clarify some invisible old law. Thus, the Preamble to the new legislation states that "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. ..." (Emphasis added.) In other words, this is a new law, meant to address a new problem—an "increase" in a long-standing and previously legal activity. Recognizing grandfathering rights does nothing to prevent the law from fulfilling its purpose of addressing such an increase. Although the Town Board did not conduct any empirical surveys or other studies to determine the actual extent of short-term rentals in Southold, Supervisor Russell stated, at the time the new law became effective, on or about November 1, 2015, that his basic worry was that the number of residences offering short-term rentals (he speculated the number was then 1 Some have offered the disingenuous sound bite that`commercial uses in residential districts are unlawful'. As this Board knows,such an assertion is simply false.While short-term rentals may be occurring in districts designated as "residential",these districts have for decades included hundreds of uses of a"commercial"nature. E,g, Code Section 280-13A. The issue is not whether a use can in some sense be called commercial. Thus,a 14-night rental,which is not prohibited by the new law in "residential"districts,is no less "commercial" than an outlawed 13-night rental. 3 k(005 about 600 or 5%), would dramatically multiply: "Unless we take action now, how many will there be in the future? 10 percent, 15 percent, 20 percent?"2 The obvious point for present purposes, of course, is that the Board has taken action. The new law has frozen the number of new short-term lessors at whatever level it was on the effective date of the new law (on or about 11/1/2015). As grandfathering rights phase out over time, the practice will dissolve entirely. While the Internet may or may not have occasioned some major increase in the number of short-term rentals, as Mr. Russell speculated, what cannot be questioned is that thousands of short-term rentals have been transacted in Southold over many decades. To our knowledge, never once—not in recent years nor in prior time periods-- has there been a prosecution or intimation that all these thousands of transactions have been illegal under some unwritten, invisible law. The record amassed through emails to the Board, and at hearings before the Board, demonstrates beyond doubt that short term renting was a recognized, accepted and lawful activity for decades in Southold.' Even Mr. Russell—Southold's Chief Executive Officer-- obviously viewed the 2 http://www hamptons.com/Real-Estate/Land-and-Law/21295/Town-Of-Southold-Passes-New- Law-Prohibitmg.html#VydJCW1\11dE4. 3 We do not believe that anyone would deny the widespread practice of short-term renting prior to the new law. Indeed,as noted in the text,the expansion of the practice was a key stated reason as to the alleged need for the legislation. This fact is further illustrated by hundreds of emails from lessors and lessees alike that were sent to the Town Board in 2014-2015 prior to passage of the new law (and obtained under the FOIL). Undersigned counsel will provide copies of these voluminous documents to this Board at the hearing or otherwise on request.There can be absolutely no doubt that short-term renting was a long-standing,well-known practice. For example,an email from one Tom Gluck to Scott Russell dated March 25 2015,states:"Please allow shoi t 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."Similarly,Ken Grimes wrote to Scott Russell on March 26,2015,stating: "For 10 years I have been coming to Greenport for our family holidays"On that same date,Mark Hunt wrote to Scott Russell: "1 love the North Fork and have been spending a week during the summer with my family in the area for several years. If the seasonal rental requirement were to change to 14 days,we could no longer afford to stay in your beautiful area." In addition to emails,there are scores of additional references in the transcripts of public before the Board during this period of time,including the hearings on August 26,2014,March 24,2015,May 21,2015,June 2 and 16,2015,and August 25,2015. These transcripts,which we incorporate herein by reference,may easily be viewed and/or downloaded from the Town website.Alternatively, counsel will also provide these in hard copy or electronic format upon request. 4 (616 practice as routine and legal when he considered renting out his own home in 2014, a full year before the new law was passed. At a hearing in August 2014, he testified (August 26, 2014, Tr. at page 27): [I]n the beginning of May [2014 I] had entertained the notion and had a tentative deal with a property manager that would offer my site. I am currently struggling to pay a mortgage and rent and I thought it would be at least an opportunity to cover part of the mortgage. Ultimately it was never executed and I never rented it but I had always envisioned a light, occasional use on the site. Cf Clearwater, Exh. A at 7 ("All of the evidence presented to the Court indicates that City officials have been aware of short term rentals on Clearwater Beach for as long as they have been taking place"). II. Not only does the notion of an invisible law prohibiting short-term rentals defy logic, common sense and Southold Town's history,it not surprisingly flies in the face of this Country's basic jurisprudential values and laws. The Zoning Code's provisions (including the new short term rental law) are enforced by criminal penalties imposed for violations. All criminal laws must satisfy basic due process requirements. "Basic to our theory of justice is the principle that there can be no punishment for harmful conduct unless it was so provided by some law in existence at the time.... This is expressed in the maxim ... nulla poena sine lege ('no crime or punishment without law'." State v. Kramer, 318 MD 576, 569 A.2d 674 (Ct. App. 1990). Even if a law has been enacted, it cannot be so vague as to prejudice the public's ability to understand it and comply with it. As the Supreme Court graphically explained in Connally v. General Gonstr: Co., 269 U.S. 385, 393 (1926): The statute makes it a criminal offense for the street railway companies in the District of Columbia to run an insufficient number of cars to accommodate persons desiring passage thereon, without crowding the same. What shall be the guide to the court or jury in ascertaining what constitutes a crowded car?What may be regarded as a crowded car by one jury may not be so considered by another. What shall constitute a sufficient number of cars in the opinion of one judge may be regarded as 5 0163 insufficient by another. . . . There is a total absence of any definition of what shall constitute a crowded car. This important element cannot be left to conjecture, or be supplied by either the court or the jury. Citing and applying this Supreme Court decision, New York's highest Court has stated, in People v. New York Trap Rock Corp., 57 N.Y.2d 371, 378 (1982): As we have had occasion to reiterate in recent years, a prime purpose [of the "void for vagueness" doctrine] is "to assure that citizens can conform their conduct to the dictates of the law".... To this end, nothing less than "adequate warning of what the law requires" will do...." "As common sense and experience both tell us, unless by its terms a law is clear and positive, it leaves virtually unfettered discretion in the hands of law enforcement officials. People v Illardo, 408 N.Y. 2d 408, 413-414 (1979).i4 Here, of course, the implied or invisible law theory is dependent on assumed facts that are anathema to our judicial system-- a non-existent statute with unknown terms. Even if we were to entertain the fantasy of some invisible, implied historical law against short-term rentals, it would run squarely and fatally into the void for vagueness doctrine. What were the law's terms? What was prohibited? Weekends only? Less than a week? Less than 14 nights? Less . than six months? Were there presumptions applicable to advertising as the new law provides? What were the penalties? $1 per violation; $50? $1000, $50,000? No prison time? Six months, 10 years, etc.? Conclusion • For the reasons set forth in the initial Appeals, and based on the supplemental information submitted herewith,Appellants Ms. Cradit and Ms. Bloom respectfully pray that their Appeals be granted and this Board enter an Order providing that: 1. Article XXIII Section 280-121 of the Town Code is applicable to the new short-term rental law (Article XXIII, §5280-4, 280-111(j) and 280-4b(192) ("Transient Rental Property")); _ 4 Hundreds/thousands of additional citations can be provided to this Board on these legal points by undersigned counsel on request. 6 1109 6, 2. Appellants' non-conforming use is permitted by Article XXIII 5280- 121; and 3. The letters sent to Appellants, Exhibits A to each Appeal (#6953 and # 6954), are hereby vacated and are null and void. Respectfully submitted, KatshLaw LLC ted. By: Salem M. Katsh For and on behalf of Appellants Cradit (#6953) and Bloom (#6954). Dated: Southold, NY May 3, 2016 7 *00 PXHIBIT A David Allbrittoll, et al. v. City of Clearwater, Civ. No: 03-004365-ci-20 (6th Jud. Cir. Pinellas County FL 2007), 8Z10:(ss-ww)N—"'''10 r Z505696LZL:aIs3 6:SWa 4tLX1td1H0121:21As.ratull 1 I waase31 INV 26:06:0 L LOOZIOZIi'1V cum c a 30Md IN THE CIRCUIT COURT FOR THE SIXTH.JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY,FLORIDA CIRCUIT CIVIL DIVISION CASE NO: 03-004365-CI-20 DAVID ALLBRITTON, et.al. • Plaintiffs, vs. CITY OF CLEARWATER, Defendant. FINAL DECLARATORY JUDGMENT THIS CAUSE, having come on for Non-Jury Trial, and the Court having heard testimony of witnesses.,having received evidence, having heard argument, and being otherwise fully advised in the premises,finds as follows: This matter involves a claim for declaratory relief, relating to the applicability of Clearwater Ordinance 7105-03, adopted on April 17, 2003 ("the 2003 Ordinance"), to certain property on Clearwater Beach. The 2003 Ordinance prohibits short term rentals of less than 31 days of residential properties. Plaintiffs are the owners of thirty one(31) properties on Clearwater Beach that they allege have been lawfully rented on a short term basis prior to the enactment of the 2003 Ordinance. Plaintiffs contend that such use of their properties was lawful prior to the adoption,of the 2003 Ordinance. Therefore,they seek a determination that their rental activity qualifies as a lawful non- conforming use, entitling them to grandfather status which would allow ,them to continue short-term rental of their properties. In defense, the City of Clearwater ('Clearwater") alleges that short term rental of residential property was a prohibited use prior to the adoption of the 2003 Ordinance. In particular, it cites to definitions within the 1980 and 1999 City of Clearwater Land 1 . 'd 2SOSb9t,L2L NWT :6 LOO oa Jdd 8Z.80:(ss-ww)Ni J "` ,io Y ZSOSVOVLZL:o1S0 s VSINU.14XVd1HJR1.aA3 x[awil] - I Waase31 INV Zt:01:01 LOOZiOZ/ti 1V cam Y six 39Vd AV(0046 Development Codes ("the Code" or "the City of Clearwater Code") as evidence of the City's prohibition of short term rentals on Clearwater Beach. Although the City admits that neither Code contains a specific prohibition as to short term rentals, it alleges that certain Code provisions taken together reveal that such rentals were prohibited prior to the adoption of the 2003 Ordinance. Defendant contends that he 2003 Ordinance was meant to be a clarification rather than a change to the Code. Accordingly,it argues,the Plaintiffs are not entitled to grandfather status since their use A�as not a lawful as it was prohibited prior to the 2003 Ordinance. The parties stipulated to the dates that the twenty-four (24) of the properties owned by Plaintiffs began being rented on a short term basis. The Court hereby approves that Stipulation and incorporates it by reference herein. The parties presented evidence as to the short term rental start dates for. the remaining seven following properties: 1. 1068 Eldorado Avenue (Dexter Properties) 2. 770 Mandalay Avenue(Kormendi) 3. 843 Eldorado Avenue(Kormendi/Powell) 4. 963 Mandalay Avenue(Kormendi/Powell) 5. 963.5 Mandalay Avenue (Scofield) I 6. 975 Eldorado Avenue(Story) 7. 971.Eldorado Avenue(Lockwood) Plaintiffs presented documents and testimony froria individuals personally familiar with the rental histories, relating to the time frames,during which each of the 1 above properties began being rented out on a short term basis. Defendant offered the testimony of Raymond Massieu, and Lisa Cowley, residents of Clearwater Beach. As 2 E °d 2SOSb9 'L2L Wdtb i :6 LOO oa .add 82-80:(ss-ww)Nig"— 10 x Z9Oc 91 LZL:OIS3.I:SING.I16Xdd1HCR1:11AS Iawl1 a° I wNs¢3]LW ZI:OI.:o LOOZIOZIt lv aAoa.ctlt 3CVd (0616"3 V discussed in more detail below, the Court notes that the establishment of a lawful nonconforming use runs with property and is not dependent on a particular owner. Thus, even if a Plaintiff purchased the property after the enactment of the 2003 Ordinance, the right to grandfather status, if applicable, runs with the land, not with the owner. Therefore the first issue before the Court relates to if and when each of the non- stipulated properties began being offered and intended to be used, as a short term rental property. The Court has carefully considered all evidence presented and based on the personal knowledge and credibility of various witnesses, the Court finds that all non- stipulated properties were offered and intended to be used as short term rentals prior to the adoption of the 2003 Ordinance. Regarding the property located at 1068 Eldorado Avenue, the Court finds that it has been rented at a short term basis most likely since the 1930s,but definitely since 1997. This was confirmed by the Defendant's witness, Raymond Massieu,who testified that he had seen evidence of short term rentals at this address since 2002. The Court finds that based on the evidence and testimony of Ed Marchiselli, the property located at 770 Mandalay Avenue began being offered for short term rental at least in late 2002. Defendant's witness Mr. Massieu testified that he observed evidence of short term rentals on the property in early 2003. Two of the properties at issue, 963 Mandalay Avenue and 963.5 Mandalay Avenue are contiguous properties owned together as one unit. The front property, 963 Mandalay contains a main house and the back property 963.5 Mandalay contains a two unit two story building. The parties presented testimony relating to whether all units were rented short term, or only a portion of the units. The Court finds that based on the evidence presented all of the property was intended and offered to be rented on a short 3 ir 'd 2SOSt,9trG2G Wd1b1 .6 Gooa oZ Jdd 8Z•80:Iss.ww)NP ;1a x Z90Str9tr1ZL'AISo y USING,4IIXtld1HOI : AS.[MULL 7' "I waaseEl Wy ZI.:04:04 100ZIOZlti iV aim.5415 E Vd r . ) term basis prior to the enactment of the 2003 Ordinance. Testimony from Brian Andrus, the former property manager, indicated that the owners had some difficulty securing short term tenants and as a result, for a period of time they rented a portion of the property for longer than thirty one days. As discussed more fully below,the Court finds that the short term rental does not need to be the exclusive and continuous use of the property in order to establish a lawful non conforming use. The testimony and evidence presented to the Court satisfied the burden of proving that both properties were intended, offered and used as short term rentals prior to the enactment of the 2003 Ordinance. The Court notes that Defendant's witness Mr. Massieu testified that he observed evidence of short term rentals at 963 Mandalay Avenue in early 2003. The Court heard and finds credible, testimony from Ted Remak, the boyfriend of-the owner and the manager of the property located at and 975 Eldorado Avenue,that the property has been rented on a short term basis since at least 2001. The property located at 971 Eldorado Avenue is currently managed by Belloise Realty. Sal Belloise testified regarding the time frame during which these properties were rented on a short term basis. While the documentary evidence presented by Plaintiff was dated after the enactment of the 2003 Ordinance, Mr. Belloise testified that such rentals had begun prior to the adoption of the 2003 Ordinance. The Court finds Mr. Belloise testimony, based on personal knowledge to be credible and finds that short term rentals began prior to the enactment of the 2003 Ordinance. A former owner of 843 Eldorado Avenue, Susan Withers, testified that based on her personal knowledge developed while she owned a neighboring house located at 847 Eldorado Avenue, the 843 property was being rented on a short term basis in 2001. She purchased the property as an investment based on that personal knowledge. The 4 s •d 2sos**9t.L2L wdsi =6 Looe oa Jdd 8Z•80:(ss•ww)N; "a,0 x Z9O4179tLZL'0IS3 x 1:SIN0 x 1/1XVd1HOMIRIAS x[aw113' wa1se3l INV Z1:01.01 100ZIOZ117 iY/0A011 x 9119 39Vd Vol 6 Court finds Ms. Withers' testimony to be credible and finds that the short term rentals on 843 Eldorado began prior to the adoption of the 2003 Ordinance. As to those properties identified above, based on the testimony and evidence presented, the Court finds that all began renting their properties on a short term basis prior to the adoption of the 2003 Ordinance. Accordingly, based on the stipulation between the parties and the Court's factual findings, all properties at issue began short term rentals prior to the adoption of the 2003 Ordinance. - The City contends that regardless of the start date,the properties are not entitled to grandfather status because the short term rentals were prohibited prior to the 2003 Ordinance and thus Plaintiffs' short term rentals were not a lawful nonconforming use. The Plaintiffs do not dispute the City's right to enact the 2003 Ordinance. Rather, they contend that the Codes in effect prior to the 2003 Ordinance did not prohibit short term rentals of property on Clearwater Beach. Therefore, the City's attempt to apply the Ordinance to abolish their right to continue to rent their properties on a short term basis violates their right to grandfather status and essentially amounts to an improper taking. The City could point to no specific prohibition and no instances of enforcement of the ban prior to the adoption of the 2003 Ordinance. Accordingly,the parties seek a determination from the Court regarding whether such short term rentals were a lawful _ I use prior to the enactment of the 2003 Ordinance, or whether such use was prohibited. under either the 1980 or 1999 City Codes. Municipalities such as the City of Clearwater,have the right to enact ordinances that restrict citizens' use of their property. Verizon Wireless Personal Communications, L.P. v. Sanctuary at Millen Point Community Ass'n, Inc., 916 So.2d 850, 855 (Fla. 2°d DCA 2005)("To be sure, a city council may enact ordinances, amend them, and repeal 5 9 •d esost,9-l'/ L wus i :s Loot oa Jdb 8Z-80:(ss411w)NOI1V IflO.Z5octr9trLZ1.aiso.I:SINO.6IIX1/41H9IW WAS.Iowa 111611Ava Wa3se3]t W Z 6:06:06 LOOZIOZItr 1V arm.s 6I1Mid them.") However, in order to enact an ordinance that limits a citizens property rights, (C)�� the municipality must follow the proper procedure: Under Florida law, ordinances which substantially affect the use of land must comply strictly with the notice requirements of§ 166.041(3)(c) 1., Fla.Stat.This provision states in pertinent part: (c) ... Ordinances that change the actual list of permitted, conditional, or prohibited uses within a zoning category, or ordinances initiated by the municipality that change the actual zoning map designation of a parcel or parcels of land shall be enacted pursuant to the following procedure: 2. In cases in which the proposed ordinance changes the actual list of permitted, conditional, or prohibited uses within a zoning category, or changes the actual zoning map designation of a parcel or parcels of land involving 10 contiguous acres or more,the governing body shall provide for public notice and hearings ... (Emphasis supplied). "[S]trict compliance with the notice requirements of the state statute is a jurisdictional and mandatory prerequisite to the valid enactment of a zoning measure.".... Attempts of local government to grant zoning changes without compliance with procedural requirements have been deemed invalid and void. . . . Webb v. Town Council of Town of Hilliard, 766 So.2d 1241, 1244 (Fla. 1St DCA 2000) (citations omitted). In the present matter, the Plaintiffs stated numerous times on the record that they do not dispute the City's authority to enact the 2003 Ordinance. However, Plaintiffs argue that the City can only prohibit the short term rentals by expressly doing so through the proper procedure and must make such prohibition clear and unequivocal as it did in the 2003 Ordinance. The Plaintiffs presented testimony from The Honorable Owen Allbritton a retired Sixth Circuit Judge and Helen Dexter, a ninety-eight year old former owner of 1068 Mandalay Avenue, that for at least the last forty to seventy years, owners of property on Clearwater Beach have regularly rented out their homes to vacationers for 6 L 'd asos49irLaL WkJ9 T s 6 Looe oa .adb 81-80:(ss-ww)Nit) ;-ICI.Z9051794LZBOIS3 x 6 SIN4,611XNd1H9R1:1JAS x[01111.1.1,",1 Maise31 11111f Z6:91.:06 LOOZIOZ141V OA3 I x 5N8 30Vd l periods of less than thirty days. Such rentals have been open and obvious and regularly advertised. All of the evidence presented to the Court indicates that City officials have been aware of short term rentals on Clearwater Beach for as long as they have been taking place. Various City officials were clearly under the opinion that Clearwater did not ban short term rentals prior to the 2003 Ordinance. See e.g., Plaintiffs' Exhibit 11,Various e-mails between City Officials. For example, in an e-mail from Bob Hall dated July 10, 2002, he stated that "[w]e have never enforced on rental time periods and there is no ordinance governing in the City." Moreover, one of the Plaintiffs David Allbritton testified that he began renting his property located at 849 Mandalay Avenue on a short term in January of 2003. Mr Albritton stated that he had asked numerous City officials whether short term rentals were permitted,on Clearwater Beach and none ever told him such use was prohibited. He served on the Municipal Code Enforcement Board for seven (7) years during which time the Board was never presented with a matter involving short term rentals. Defendant contends that short term rentals on Clearwater Beach have always been illegal and certainly was prohibited under the 1980 and 1999 City Codes. However, Defendant is unable to point specifically to any section within the Code that expressly prohibits short term rentals prior to the enactment of the 2003 Ordinance. Rather, the City contends that such prohibition may be ascertained by reading several different sections of the Codes and piecing them together. The 1980 Code provided that a permitted use for Plaintiffs' properties was as a "detached single family dwelling" which was defined as "a detached building or a unit in a townhouse structure designed for or occupied exclusively by one family." § 35.11, 7 8 'd ESOSt.917L2L Wd91 :6 Looa oa .add 953 8Z-8O:(ss-ww)Nouvana.ZSOSYOtiLZL:also.6:SIN0.NLXtld1H9R1:21AS r(m11 10100 waise31 LAW Z1:01:01.LOOZIOZIV iv mos.S 6f6 391fd 1980 Clearwater City Code (emphasis added). Clearly all of the Plaintiffs' properties can be classified as detached buildings designed for one family. In 1999 the City amended the Code and adopted the City Development Code. At that time the Code was amended to include a definition for"overnight accommodations" as follows: A building or a portion thereof designed and used primarily to provide sleeping accommodations for transient guests for a daily or weekly rental charge and including interval ownership and such office, meeting, restaurant facilities as are integral to the primary function. § 8-102, 1999 Clearwater City Code. The 1999 Code prohibited certain overnight accommodations, but continued to allow detached dwellings in Plaintiffs' neighborhoods. The definition for detached dwellings was somewhat changed to mean "a building separated from any other principal building and containing only one dwelling unit erected on an individual lot of record." A dwelling unit was defined as"a building or a portion of a building providing independent living facilities for one family including provisions for living, sleeping and complete kitchen facilities." § 8-102 1999 City of Clearwater Code. Moreover, the 1999 Code contains a section entitled Residential Rentals. Division 23, 1999 City of Clearwater Code. This is section discusses residential rentals,but does not contain any reference to time limitations, nor does it differentiate between long and short term rentals. Pursuant to Florida Law, "[slince zoning regulations are in derogation of private rights of ownership, words used in a zoning ordinance should be given their broadest meaning when there is no definition or clear intent to the contrary and the ordinance should be interpreted in favor of the property owner." Rinker Materials Corp. v. City of North Miami, 286 So.2d 552, 553 (Fla. 1973). Moreover, an alleged prohibition in a 8 6 •d 2SOSb9tri L WJL i =6 Looa oa add 8Z 80:(ss•ww)NOLLV Ifla:Z908Y9t+LZL:aIS3.L:SING.116XVALHOId:JAS,Iawl13UBIIA a wais031 WV Z 1:06:04 LOOZ1oZ/Y iv CAM.6Lf0L 39Wd City Code must clearly give a person of ordinary intelligence fair notice that his contemplated conduct is forbidden. As noted by the Second DCA: A legislative enactment will not be declared vague unless the statute fails to give persons of ordinary intelligence fair notice of what constitutes the forbidden conduct and which, because of imprecision, may invite arbitrary and discriminatory enforcement. State v. Baal, 680 So.2d 608, 610 (Fla. 2"a DCA I 996)(ordinance prohibiting citizen from entering a St. Petersburg public park between dusk and dawn unless they have prior authorization found constitutional because it provided sufficiently definite notice in commonly understood language to citizens of ordinary intelligence of what was prohibited.). The Court finds that short term rentals of properties on Clearwater Beach were not prohibited under either the 1980 nor the 1999 Codes. Even piecing together various portions of the Code does not provide sufficiently definite notice in commonly understood language to citizens of ordinary intelligence of what was prohibited. Plaintiffs' properties are clearly all "detached single family dwellings" under the 1980 Code,based on the definition which included "a detached building . . .designed for . . . one family." § 35.1 1, 1980 Clearwater City Code. Moreover, under the 1999 Code, none of the properties at issue qualify as"overnight accommodations" as they were not "designed and used primarily to provide sleeping accommodations for transient guests . . .and including interval ownership and such office, meeting, restaurant facilities as are integral to the primary function." § 8-102, 1999 Clearwater City Code. Alternatively, even if such Codes did prohibit short term rentals the Defendant did not offer any evidence that such change affecting the use of land in 1980 or 1999 was properly enacted in accordance with the applicable rules. It was well established 9 0 T `d OS 9 ' i.. Wkie T :6 Looa oa .add 1 82-80:(ss-ww)NoinfanO.z 000m0/az:also x k:SINO.I JIXtld1HDRI?JAS WW1 1460AeQ wa;se3 I J ZL 0I:06 LOOZ10ZID 1M OA321.S39Vd C7Ct.6/3 that short term rentals on Clearwater Beach were an established open and obvious use of land for a long time prior to the adoption of the 1980 Code. Therefore, even if the changes in either the 1980 or 1999 Codes included a prohibition on short term rentals, there has been no evidence that such restriction which would certainly substantially affect the use of land, complied strictly with the applicable requirements. Accordingly, any such new restriction would be a nullity. See e.g., David v. City of Dunedin, 473 So.2d 304, 306 (Fla. 2" DCA 1985)("lnasmuch as Ordinance No. 72-75. as amended by Ordinance No. 77-48,seeks to regulate"all exterior signs,so as to protect health and safety and to promote the public," Dunedin, Fla., Code § 3-13 (1972), the ordinance and its amendment are zoning ordinances which are null and void if not strictly enacted pursuant to the requirements of section 166.041"); Coleman v. City of Key West, 807 So.2d 84, 85-86 (Fla. 3d DCA 2001), review denied, 828 So.2d 385 (Fla.2002) (court invalidated Ordinance relating to,short term rentals based on the City's noncompliance with the notice provisions of the statutes relating to ordinance adoption.). The Court notes that prior to this action, no property owner on Clearwater Beach has challenged the issue of short term rentals under the 1980 or 1999 Codes. However, a challenge was never required because the City never enforced its alleged prohibition on short term rentals and prior to the adoption of the 2003 Ordinance, never clearly informed its citizens that such rentals were not permitted. Since the Court finds that short term rentals were permitted under the prior codes, and all properties owned by Plaintiffs in this matter were intended and offered for use as short term rentals prior to the adoption of the 2003 Code, then the Court must determine whether the Plaintiffs are entitled to grandfather status allowing them to legally continue such rentals. Grandfather status can be explained as follows: 10 T T 'd OSOSb9tbL2L WWB T :6 Looe oa Jdd 8Z•80:(ss•ww)NO `-" ]Y Z505494LZL:QISD.I.:SING.1.IiXtldiHOIN:8AS.Iawll Al )walseJl Wtl Z6:06:06 LOOZfOZN,LV QA3 1.5626 30Vd The application of zoning regulations to restrict an existing use of property,resulting in substantial diminishing of its value, may constitute a "taking" by the governmental agency which requires the payment of compensation under well-established principles of constitutional law. 82 Am.3ur.2d, Zoning and Planning, § 178. To avoid these consequences, zoning regulations generally "grandfather" the continuation of existing nonconforming uses on property subject to the zoning classification. State v. Danner, 159 Fla. 874, 33 So.2d 45 (1947). Hobbs v. Department of Transp., 831 So.2d 745 (Fla. 5th DCA 2002)(quoting Lewis v. City of Atlantic Beach, 467 So.2d 751 (Fla. 1st DCA 1985)). "A nonconforming use is a"Gland use that is impermissible under current zoning restrictions but that is allowed because the use existed lawfully before the restrictions took effect,"Rollison v. City Of Key West, 875 So.2d 659, 660 (Fla. 3"a DCA 2004)(quoting Black's Law Dictionary 1540 (7th ed.1999)). Moreover, it is well established that the lawful non conforming use flows with the property,not the owner: We have been cited to no legal authority upholding the proposition that a municipality can, terminate a grandfathered nonconforming use of property simply because the tenant and operating license holder of the establishment on the property undergoes a change. It is clear that the concept of grandfathered nonconforming use relates to the property and • the use thereof, not to the type of ownership or leasehold interest in the property. Hobbs, 831 So.2d 745 (citations omitted). Both the 1980 and 1999 Clearwater City Codes contain nonconforming use • provisions which provide for grandfather status for lawful nonconforming uses. 1980 City of Clearwater Code, Article II § 42.21, Nonconformities; 1999 City of Clearwater Code, Article 6, Nonconformity Provisions. The 1999 Code states the purpose of the nonconforming provisions as follows: The purpose of this division is to regulate and limit the development and continued existence of uses, structures and lots which were lawful on the date of the adoption of this Code, but which would be prohibited, regulated, or restricted under the terms established herein. While I1 Z i 'd 2SOSt'9t'L2L W1:16I s 6 LOOz Oa Jdd 82-80:(ss-ww)Nou.va 10.ZSOSt'9YLZL:also.1:SIN0.111Xtld1HJRI:21AS.Iowa 1413033 walse31 Wt/Z1:01:01 LOOZ10Z1t+1110A321.S11£1 3JVd LOO nonconformities may continue, it is the intent of this development code �l to bring nonconforming properties into compliance with the provisions of this code in conjunction with a change of use, redevelopment, or any other change of condition of the property in order to eliminate the nonconformity or to bring the nonconformity as practical as possible to a conforming state. § 6-101, 1999 City of Clearwater Code. A nonconforming use is defined in the Code as "any use of a building,structure or land lawfully established that does not comply with the provisions for the zoning district in which such use is situated." § 8-102, 1999 City of Clearwater Code. Based on the foregoing, the Court finds that the short term rental of the properties at issue in this litigation are all established nonconforming lawful uses which are entitled to grandfather status, exempting them for the application of the 2003 Ordinance. The Court notes that while the properties at issue herein are all entitled to grandfather status, such continued nonconforming use must comply with the terms set forth in the applicable City Code. WHEREFORE,it is hereby, ORDERED AND ADJUDGED that the City of Clearwater Land Development Codes did not prohibit the short term rentals of property on Clearwater Beach prior to the enactment of Clearwater Ordinance 7105-03,adopted on April 17,2003. IT IS FURTHER ORDERED AND ADJUDGED that the following properties (Plaintiff owners' last names are in parenthesis) were all lawfully used as short term rentals prior to the enactment of the 2003 Ordinance and are entitled to grandfather status as lawful nonconforming uses pursuant to the terms of the City of Clearwater Land Development Code: 1. 1 068 Eldorado Avenue(Dexter Properties) 12 ET 'd OSOS .8 'L2L Wd6I :6 LOOZ OZ .add 82-80:(Ss-W W)NC5 " i Y ZSOSt9ULZLAIS3.6:SINa:Il XVd1HOI :IAS walse3]WV Z6:Ot:O L LOOZIOZIt iV CIA321.cwn 39Vd t • (061 2. 770 Mandalay Avenue (Kormendi) 3. 963 Mandalay Avenue (Kormendi/Powell) 4. 963.5 Mandalay Avenue(Kormendi/Powell) 5. 971 Eldorado Avenue(Scofield) 6. 975 Eldorado Avenue(Story) 7. 843 Eldorado Avenue(Lockwood) 8. 849 Mandalay Avenue (Allbritton) 9. 849-1/2 Mandalay Avenue(Allbritton) 10. 940 Narcissus Avenue(Chen) 11. 864 Eldorado Avenue (Chrysochoos) 12. 831 Eldorado Avenue (George) 13. 966 Lantana Avenue(Meek) 14. 975 Narcissus Avenue(Meek) 15. 1024 Eldorado Avenue(Mitcham) 16. 1021 Eldorado Avenue(Mitcham) 17. 1020 Mandalay Avenue(Mitcham) - 18. 918 Lantana Avenue(Parks/Barkes) 19. 22 Laurel Street(Satterwhite) 20. 755 Bruce Avenue(Satterwhite) 21. 65 Gardenia Street(Satterwhite) 22. 947 Narcissus Avenue(Satterwhite) 23. 1012 Mandalay Avenue(Satterwhite) 24. 979 Eldorado Avenue(Story) 25. 724 Mandalay Avenue(Parks/Barkes) 13 t•t •d 2SOSb9t.LeL wuoz :s Looe 02 .add • 8Z•80:(ss•ww)Nol1v Ina.ZSOSt9DLZL:01S0,6:SIN0.4f 6XVd1H9RI:21AS.Iawil 4g6IIAea waase31 IV Z1:01:01 LOOZIOZIY 1V OA3a.54156 39Vd 26. 980 Narcissus Avenue(Withers) *(09‘3 27. 847 Eldorado Avenue (Wiggins) 28. 974 Mandalay Avenue(Hayslett) 29. 810 Lantana Avenue(Hagaman) 30. 805 Bruce Avenue(Hagaman) 31. 934 Narcissus Avenue(Uline) IT IS FURTHER ORDERED AND ADJUDGED that the Court reserves jurisdiction to determine entitlement to attorney's fees, if applicable and costs and for ( any other further relief as may be appropriate,upon proper motion. DONE AND ORDERED in chambers at Clearwater, Pinellas County, Florida, this day of April 2007. ORIGINAL SIGNED APR 20 au NELLY N.KHOU7Rill NELLY N.%HOUZAM Circuit Court Judge Copies Furnished To: Marion Hale,Esq. Sharon E. Krick,Esq. P.Q.Box 1368 Clearwater,FL 33757 Leslie K.Dougall-Sides,Esq. Assistant City Attorney City of Clearwater P.O.Box 4748 Clearwater,FL 33758 14 s i •d asostrstrLzt. wuoa :s t.00e oa .add 4)\ \/. Toth, Vicki From: Diane Ravitch <gardend@aol.com> Sent: Wednesday, May 04, 2016 10:24 AM To: Toth,Vicki Cc: Leslie Weisman;TEDHOY@aol.com; Mary Butz; Ray Rodriguez; Diane Ravitch /7_0 ubject: Short-term rentals: my testimony ( RECEIVED SY Dear Members of the Zoning Board of Appeals of Southold Town: WAY ®4 2®16 ZONING BOARD OF APPEAL My name is Diane Ravitch. I live on Hyatt Road in Southold. I am a writer, and I choose to live in this quiet location because of my profession. I am writing on behalf of myself and my spouse Mary Butz.We love the community, and we love Southold Town because of its unique character as a community where neighbors know one another and help one another.This sense of community is disrupted when renters spend only a weekend on our quiet road;they often hold raucous parties,then leave. I testified on behalf of the legislation to restrict short-term rentals because of this disruption by revolving-door tenants in our small community.Those of us who live in the community discovered that the "problem" houses were offered for short-term rentals on Internet sites such as AirBNB and VRBO.We and many others from across the town of Southold expressed our opposition to this practice, and the Town Board voted to protect the character of the town by requiring that short-term rentals must be at least 14 days. I am sorry I cannot be at the meeting to address my strong objections to the proposal to "grandfather"those homeowners who use AirBNB,VRBO or other online services to rent their houses for a few days or a weekend. "Grandfathering" these homeowners who now violate the law makes no sense. If the Town Board passed an ordinance changing the speed limit to 30 miles an hour in areas where it is currently 40 miles an hour, would anyone be able to claim that their"right" to drive 40 miles an hour was grandfathered in because they always went 40 miles an hour in the past? If the Town Board passed an ordinance against dumping debris on public roads,would those who have always engaged in that practice be grandfathered in? You can conjure many similar analogies.When the law is changed by duly constituted authorities, it applies to everyone, including those who engaged in those practices in the past. I would like to remind the homeowners that anyone who turns a vacation property into a rental is at risk of having their mortgage canceled.They will not be grandfathered in by their banks. I urge the ZBA to reject this specious claim and reaffirm that everyone in Southold Town must obey the law. I am hopeful that the ZBA will exercise good judgment in reaffirming the intent and purpose of the law passed by the Town Board. (0/5•6 rr c F)VED VP/ I thank each of the ZBA Board members for your service to our community. MAY 04216 ZONING BOARD OF APPS Diane Ravitch 2 Toth, Vicki From: Joyce Beckenstein <joybeck@optonline.net> W(3 -' - Sent: Tuesday, May 03, 2016 5:18 PM paceIN/lED To: Toth,Vicki CLAY ®� 2®�� �-�6� Subject: short term rentals ZONING 8OARD OF APPEAL$ To the Town Board: I wish to register my opposition to any grandfathering of"rental rules" especially since there have not been,to my knowledge, any laws or rules on the town books governing short term rentals of the kind we are now seeing upset the privacy and sense of community most people settled out here to find. How can you grandfather a law that doesn't exist? This issue is about shaping new codes that keep our hamlets secure and livable, not about preserving non-existent "rights"for those who wish to exploit a proliferation of web-crawlers looking for cheap(er) accommodations. Tourism is a wonderful plus for the local economy, I know, and should be encouraged. In that spirit I believe the focus should be on the support of more B&Bs, lodging that involves homeowners acting as hosts without leaving their homes to whims of strangers who woefully have too often shown themselves oblivious to the impact of their behavior on "neighbors ." Hopefully our leaders will lead the effort to support the enviable quality of family life that characterizes our North Fork. Thank you for considering my point of view Best regards, Joyce Beckenstein ,P1,1-161fir\-)0( \v 6y\ \, Toth, Vicki r From: Lois Derosier <loisderosier@yahoo.com> RECEIVED Sent: Monday, May 02, 2016 3:57 PM VW( Toth,Vicki MAY 0 4 2016 Subject: Fw: Use Variance vs Rental Law ZONING BOARD OF APPEA6: To Southold Town Board Regarding the issue of"use variance" in short-term rental housing: Short-terms rentals were illegal IN THE PAST, and they are illegal NOW because of the new law enacted recently. It seems to me that some citizens are now trying to manipulate the law to suit themselves by citing "grandfathering' of this practice at the expense of those unfortunate homeowners who would like to enjoy the peace and tranquility of their own homes in this beautiful area. They were many meetings on this issue. The people of the town have spoken. The majority of them did not want short-term rentals. The Board considered all sides of the issue. The current law was enacted. This should be respected. Lois Derosier On Monday, May 2, 2016 3.39 PM, Lois Derosier<loisderosieryahoo.com>wrote. To Southold Town Board Regarding the issue of"use variance" as applied to the new rental law: It was not legal to allow short-term rentals BEFORE. Under the new law just enacted it is not legal to allow short-term rentals NOW. It seems to me that the law is being manipulated to suit the interests of those who want to continue to rent short-term no matter what at the expense of those unlucky homeowners who are suffering the consequences of not being able to enjoy the peace and tranquility of the their own home in this beautiful area. The town had many meetings on this issue. The people have spoken. The new law reflects the wishes of the majority of homeowners here and should be respected as such. Lois Derosier 1 J� /fit \ Toth, Vicki - From: BEEJCHRIS@aol.com '0/,:c.,3 RECE YE Sent: Tuesday, May 03, 2016 5:44 PM To: Toth, Vicki MAY 0 4 2096 Cc: lorihollander.1@gmail.com Subject: Cases# LAURIE BLOOM #6954 AND LISA CRADIT# 6953 ZONING BOARD OF APPEALS I wish to have recorded in each of these case files my objection as to their being considered to be Grand Fathered as an exception to the Short Term Rental Law recently enacted by the Town of Southold, N.Y. To be considered as a right to be granted an exception to the law it must have been a permitted use and a business that is not in a business district but in a residential area that effects not only the property values but the safety of the residents and quality of life should not be permitted. The question also arises that when did the land use "right" go into effect?Was it established or vested and had it ever been discontinued or abandoned or an activity which was a nuisance or harmful to the public health or welfare? The establishment of a income producing business for what period of time and the existence of reported business income on any and all tax authorities may be necessary to establish a grandfather status if permitted at all. Slavery was once permitted but was outlawed. Mine safety was never required but was enacted .Automobiles must pass safety requirements to be permitted on the public highway.You need a license to practice law.Things change over time but must be within the code. If you never had the authority or right to conduct a business than you do not inherit it by saying I have always done so in the past. Michael T. Burke Mattituck, N.Y. Q� ''3 Toth, Vicki From: Jane G. Stevens <janegstevens@outlook.com> e C3 Sent: Sunday, May 01, 2016 6:00 PM RECEIVED To: Toth, Vicki Subject: Zoning Board Hearing Re Short Term Rental Law MAY 02 20f6 Z Z1N I G BOARD Of 041457§Cti§ Dear Southold Zoning Board: My husband and I purchased a home in Cutchogue in 2014. We had been coming out to the North Fork for decades and, in finally deciding to buy,we placed great importance on the serenity of our residential neighborhood.We followed the deliberations accompanying the passage of the short term rental law, and understood the final provision to be a compromise that took into account the need of some property owners to derive income from their property, while seeking to protect the interests of full time residents. To now grant a broad exemption to home owners who were previously engaged in using their homes in residential zones for commercial purposes--when such commercial activities were not legal in the first place--would undermine the efficacy of this carefully considered Code provision,defeat the purposes for which it was adopted, and reward certain property owners for their past transgressions of zoning restrictions. I urge you to reject the current attempt to obtain an exemption from the short term rental law. Very truly yours, Jane G. Stevens 3595 Beebe Drive Ext. Cutchogue, NY 11935 1 \R' ,rte ) \���/AtiS 4 Toth, Vicki _ From: Nancy Muller <nancy.g.muller@gmail.com> Sent: Friday, April 29, 2016 5:04 PM To: Toth, Vicki RECEIVED Subject: May5 ZBA hearing MAY 022016 ZONING BOARD OF APPEALS Dear Southold Town Board, I wish to point out that if some Air bnbs are allowed to continue as shorter than 14 day establishments you will be grandfathering businesses that were operating illegally in the first place. None of the issues have changed. Air bnbs will still bring commercialism to our neighborhoods . Zoning laws will still be flaunted. The noise issues and quality of life issues mentioned by so many people at the hearing last year will still exist. Of course, people who bought their houses for the express purpose of renting them out every weekend are going to hire fancy lawyers and fight back. But the town of Southold does not have to give in to them. Please preserve our neighborhoods for neighbors and say no to grandfathering businesses that chip away at our quality of life. Thank you, sincerely, Nancy Muller Nancy Muller Cell: 917-414-0665 Land: 631-735-9066 nancy.g.muller@gmail.com 1 t3c .V\11C \IA)<4 Toth, Vicki From: CaroleDonlin <nimsuzani@gmail.com> RECEIVED On Sent: Saturday,April 30, 2016 1:25 PM To: Toth,Vicki MAY 02 2016 Subject: Carole Donlin-- Short Term Rentals Use Variance • ZONING,BOARD OF APPEALS Dear Ms.Toth, - I do hope the Town ZBA is not seriously considering what appears to be a questionable request for a "Use Variance" by some of the owners of short term rental properties on the North Fork. The contention that there should be grandfathering under a pre-existing regulation Or law about short term rentals on the North Fork appears to be without merit.As far as I am aware,there was never a regulation or law allowing short term rentals in residential neighborhoods on the North Fork.Therefore there would be nothing to be grandfathered under. The actual issue seems quite straightforward. Previously there was a problem with short term rentals in our community. To correct it, a regulation was enacted after full and fair hearings, and that regulation became what is allowed. It's much like passing,for the first time, a regulation that people who walk their dogs on public streets must pick up their pet's waste material.Would one ask to be grandfathered in that instance simply because one didn't have to do that before, the regulation was passed? What the Town enacted in regard to short term rentals was, I believe,too generous to short term rental property owners. But it was reasonable considering all the competing interests involved. I actually think the Town was very thoughtful in it's deliberation and the subsequent regulation and I applaud it's even-handedness.That this group of dissenters fails to understand this, or simply doesn't care is both unfortunate and reflective at best, of their seeming lack concern either for due process or for the privacy and quality of life of their neighbors.Surely,the ZBA will not be swayed by such self serving maneuvers. Sincerely, Carole Donlin - 910 New Suffolk Avenue Mattituck, NY 11952 Sent from my iPhone 1 Toth, Vicki _ _ From: diane clemente <dianeclemente95@icloud.com> RECEIVED �� Sent: - Saturday,April 30, 2016 10:24 AM 6 7 To: Toth,Vicki - MAY 0 2 2016 Subject: Short term rentals ZONING BOARD OF APPEALS Dear Ms.Toth, We are writing to urge the ZBA to uphold the law on transient rentals. Please do not allow absentee homeowners to use their properties as business. Home owners have the right to the quiet enjoyment if their homes. Sincerely, - Diane Douglas William Douglas 445 Wood Lane - Peconic, NY - • Sent from my iPhone • 1 . p_k) o0-1),,E r(4,,,,,,i2-,„„) A ` ��Toth, Vicki q I From: Barry Wiseman <barrywiseman@verizon.net> Sent: Wednesday, April 27, 2016 10:56 PM To: Toth, Vicki ��5 Subject: "Grandfather challenge" to 2015 short term rental law To:Southold Zoning Board As residents of Southold, we are strongly opposed to this attempt to overturn last year's two week minimum. That minimum was itself a compromise, and allowed for the first time for legal rentals of residential-zoned properties for two weeks or more. Previously all rentals under 30 days were illegal altogether. We don't think an illegal practice should be considered as "prior use" in a grandfathering argument. We urge the board to consider the nature of residential zoning in both its spirit and letter. When we bought our house here we never imagined our home could become surrounded by illegal commercial businesses operated by absentee owners out of residential-zoned properties. One or two of these in the neighborhood could destroy much of what we cherish about East End life. Rena and Barry Wiseman East Marion, NY 1 _9)0kvitvwx,c' Toth; Vicki APT - - _ From: - rmavity@earthlink.net Sent: Thursday,April 28, 2016 3:58 PM To: Toth,Vicki 4O Subject: May 5th ZBA Hearing at 1 pm Dear Vicki, My address in Greenport is 42 Sound Road. I spoke at the various meetings held last year when the short term rental laws were being formulated. So you know, I have always been opposed to any homeowner/neighborrenting out a room or rooms when the owner is not living on the premises. I am also aware that it has always been illegal to lease homes when the owner does not reside on the premises.There have been restrictions in effect against short term rentals long before last year. Neighborhoods are for permanent residents and are not zoned for commercial business. As far as I am concerned it makes no sense to grandfather a practice that has been illegal to start with.The fact that the law was not enforced by the Town of Southold does not change the law on the books and provides no merit to grandfather or implement a "use variance"for those homeowners who have been breaking the law. Therefore,the ZBA should vote against the case being presented by the homeowners who want to be grandfatheredso they do not have to comply with the new ST rental laws. - Sincerely yours, Carole and Richard Mavity • 1 Moth, Vicki - From: Mimi Ellis <mimiellis@verizon.net> Sent: Wednesday,April 27, 2016 7:00 PM � 5 To: Toth,Vicki Subject: Short Term Rentals To whom it may concern: It has come to my attention that there is an effort to grandfather owners who had been renting their homes on a short term basis before the passing of the new law,from the provisions of that law. While grandfathering makes sense in a host of government actions,this is not one of them.Adhering to the restriction on short term rentals is neither onerous nor does it require additional expenditure for the owner. It is a fair compromise between owners who rent and those who reside in their homes. Sincerely, Mimi Ellis 17192 Soundview Avenue Sent from r"ny iPad 6f uVo 012A1P1r 91) Toth, Vicki From: Ellen Wexler <ellenwexler@gmail.com> �3 Sent: Wednesday, April 27, 2016 4:56 PM (41 To: Toth,Vicki Subject: Please stand FIRM on illegal short term rentals that are hurting our communities ZBA of Southold Town, - I have been a resident of Southold Tow for many years.I have been extremely concerned about the problem of illegal,rentals-People using residences as short term hotels! These activities are and have always been illegal in the state of New York. ' The situation has the potential to destroy our community. There is a rumor that many of these illegal rental landlords now say they should be grandfath'ered!!!That is like drug dealers being grandfathered because he has always sold drugs.People committing illegal activities that were NEVER allowed can not be granfathered! The granting of any variance(grandfathering)will wipe out effect of the the new rules that you have put in place.Before these rules the minimum rental was 30 days.You have reduced that to 14. Anything less will be a step towards the destruction of the Town. PLEASE take action to fine illegal rentals that are not registered,and rent for less than 14 days. I read that some communities are fining violators$10,000 a violation. _ Those of us who purchased their homes in residential neighborhoods did so with the understanding that the former ZBA code did not allow 4 for commercial businesses in these areas...especially ones that are absentee owner businesses.When we look at the uses that are allowed in residential neighborhoods there is nothing that allows absentee owner rentals to transients.The only transient rental business that was legal is a BnB.If a home was not a BnB then it was not legal for transient rentals and should not be grandfathered. Thank you, Ellen and Allen Wexler - Southold,NY 1 - • Toth, Vicki From: Carolyn Greer <cgreer3339@gmail.com> Sent: Friday,April 29, 2016 11:13 AM :k3 Qa 3 To: Toth,Vicki �O 6 Cc: Russell, Scott - Subject: Zoning Board May 5th Attachments: short term Zoning hearing (1).doc Dear Ms. Toth: Attached please find a letter for the public record for the May 5th meeting of the Zoning Board re: the challenge to the 2015 short term rentals law. Kindly acknowledge receipt of it by return email and forward it to members of Zoning Board members and Trustees. Thank you. Carolyn Greer i F - To: Southold Township Zoning Hearing: May 5,2016 From: Carolyn and Steven Greer, 16 Sound Road,Greenport, NY 11944 �� Re: "Grandfathered Challenge" to 2015 short term rental laws - )1i(120C While we cannot attend the May 5th hearing about the challenge to the short term rental law(as it happens,during the business day and with short notice), we formally submit this letter to weigh-in about the maneuver by those who seek to negate th'e regulatory powers of the 2015 new law and thus put residential neighborhoods back in jeopardy of being ad hoc commercial zones. During the community'meetings that were held over many months,which informed the Town Board of residential concerns and resulted in the new law that was passed, my husband and I were on record as being pro residential neighborhoods and also pro tourism! At multiple hearings we spoke to the issue: "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 for the pleasure of sharing. In tourism parlance Southold is a "product" and as such requires destination management. Tourist destinations must acknowledge and balance their dual responsibilities as host to tourists and as home to its residents.Tourists must be accommodated and integrated into the community like houseguests 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 tourist destination." We noted that we chose a residential block to buy our home rather than "in town" in commercial zones and spoke about being dismayed that individual house owners now run internet short term rental businesses in residential neighborhoods—turning them into pop-up commercial zones. Zoned commercial districts are designed to accommodate tourists with parking lots,waste bins, open public spaces, and police management of traffic flow and parking. Neighborhood residential blocks are neither designed for nor equipped for the influx. Yes, Southold must be viable and enjoyable as a tourism destination and a hometown.When the Town Board passed and enacted a minimum stay of at least two weeks it allowed homeowners the opportunity to earn income,guests to have a more authentic residential experience with a two week stay, and neighbors to experience less residential disruption. For shorter stays there are hotels, motels, B&Bs and campgrounds—so as a tourism destination Southold has a portfolio of choices. The 2015 short term rental was a compromise to allow for that mix. Now there is this legal challenge. In a recent Southold newspaper article Supervisor Russell was quoted as saying"the law we passed and the provisions it contains to ensure compliance is legal, defendable and enforceable." We hope this is true. And we hope that as the zoning board considers the "Grandfather challenge" it will indeed be a matter of interpretation of zoning and not a matter of how many people on either side of the issue show up at a zoning board hearing to speak. The Township must now be sure everything about short term rentals is legal and the public needs to understand the regulations.So we ask that the Zoning Board -as part of the public hearing—to please advise the public about: t6 1. the current zoning status of the location (address)of each house requesting to be exempt 2. specifically explain what that designation allows and how it differs from a commercial zone The above will inform the public about the differences in residential and commercial zoning so we can understand the rationale of any ruling made and get definition about business activities as legal or not in our neighborhoods. Regarding the specific challenge:those asking to be exempted from the 2015 law claim that they should be allowed to operate as they were before their rentals became non-conforming to the 2015 new regulation- but the questions of the day seems to be: Wasn't what they were doing previously illegal? Prior to enacting the 2015 short term rental law wasn't it already illegal to rent houses for less than 30 days in Southold? And by NY state law isn't it also illegal to rent to more than 4 non family members? It seems the zoning board is being asked to "grandfather in"illegal nonconforming use that was at best flying under the radar. It is unfortunate that the 2015 short term regulation is not respected for what it was-a compromise informed by many voices heard at multiple town meetings and duly considered by the Town Board... and subsequently written and enacted to manage the new industry of short term rental businesses popping up in houses (not homes.) Those seeking not to comply with the 2015 regulations do so for personal benefit despite the negotiated public legislation—looking for loopholes without respect for the compromises that evolved from the public forums. Compromise does not seem to be on the table. Too bad, but so be it ... We call on the town Zoning Board and town's Board of Trustees to enforce residential block zoning restrictions to protect residential quality of life;to enforce local and state building codes in short term houses used as rental businesses with the intent to protect travelers and residents from increased safety concerns of multiple person,transient occupancy usage; to enforce occupancy regulations;to track occupancy tax payments and finally to impose and collect violation fines as appropriate to help defray public service expenses of inspections and enforcement. (Suggestion: Perhaps the Town Trustees and Zoning Board should create a license and a registry for such short term rental businesses—or at least create and post on the home page of the town website a guide link for hosts and neighbors defining rights and regulations). Attached is a list of some references we looked at in trying to become informed and to better understand residential vs host rights in the short term rental business that has evolved in houses in our residential neighborhood, But in the end -we are not attorneys nor are we enforcement officers. We must rely on the Town Trustees and the Town Zoning Board to define regulations and insure compliance,to protect tourist and residential safety in neighborhoods and to nurture and preserve a residential quality of life in neighborhoods. Thank you. 0 ea . .k-661 P Reference notes: • According to NY state law "Preservation of the character of single-family areas remains a legitimate purpose of zoning." "Courts have regularly found a legitimate purpose in zoning regulations which are aimed at achieving a homogeneous, traditional single-family neighborhood. "A quiet place where yards are wide,people few, and motor vehicles restricted are legitimate guidelines in a land-use project addressed to family needs" • NY Legal memorandum LuoS • http://www.ag.ny.gov/pdfs/Airbnb%20report.pdf • http://www.southoldtownny.gov/ • http://suffolktimes.timesreview.com/2015/08/61692/southold-town-passes-short-term-rental- law-with-14-night-minimum/ • http://www.nytimes.com/2015/06/27/realestate/taking-the-work-out-of-short-term- rentals.html? r=0 • http://www.nolo.com/legal-encyclopedia/legal-restrictions-renting-your-home-airbnb-other- renta I-services.html • http://www.statelocalgov.net/ • http://public.leginfo.state.ny.us/Iawssrch.cgi?NVLWO: • http://smallbiztrends.com/2015/12/new-york-cracks-down-short-term-rentals-airbnb.html • http://tenant.net/Other Laws/MDL/md10l.html "c\5i� 06 n . e. ;t1-- ,PW:e,a the . ' eat101 ( ) b Edn12SntatT.Quatroche ' U � - on . 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Toth, Vicki From: DEBORAH CUTLER <dfcndc@gmail.com> Sent: Wednesday, April 27, 2016 11:30 AM To: Toth,Vicki Subject: Letter regarding the hearing set for May 5,2016 U Z' ' VX57 ZI APP 2 7 2016 April 27,2016 6Y: 6263 Dear ZBA, I live at 53 Sound Road.I understand that the Cradit house at 24 Sound Road is applying for a use variance so that they do not need to comply with the new short term rental law.I purchased my house in a residentially zoned neighborhood.According to the uses allowed in my neighborhood,there was nothing that allows for absentee homeowners to rent to transients.The only legal way to rent to transients in a R- 40 zone is to become a BnB. The new rental law that was enacted last year is a compromise.The residents in our community fought hard to maintain the peace and security of their residential neighborhoods.With the new rental law,they get to have this half of the time,and the people running their short term rental businesses get to make money the other half. The granting of this variance will negatively effect me,my neighbors,and our entire community. Sincerely, Deborah Cutler and Ray Norton 1 111, _ BOARD MEMBERS ®u , Southold Town Hall Leslie Kanes Weisman,Chairperson �e4 lk® 53095 Main Road•P.O.Box 1179 It '� ® Southold,NY 11971-0959 Eric Dantes 4 Office Location: Gerard P.Goehringer � �` Town Annex/First Floor,Capital One Bank George Horning a® �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider .4'COM��9% 1i1, Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 5, 2016 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, MAY 5, 2016: - 1:15 P.M. - LISA CRADIT #6953 - This is a request under Article XXVI Section 280-146D requesting an INTERPRETATION of Town Code, Article XXIII, Section 280-121 (non- conforming uses) in relation to Transient rental properties, located at: 560 Sound Road Greenport, NY. SCTM#1000-35-1-14 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth(a�Town.Southold.nv.us Dated: April 11, 2016 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 • opt.Zo TOWN OF SOUJTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK • • AFFIDAVIT OF In the Matter of the Application of MAILINGS ••LISA CRADIT (Name of Applicants) . • SCTM Parcel# 1000= 35-1-14 • COUNTY OF SUFFOLK . STATE OF NEW YORK • SALEM M. KATSH residing fit LS i //RA a me, . •New York,being duly sworn,deposes and says that: r� Oti the 18 11'1-iday oMPRIL ,2016 f personally mailed at the United States Post.Ofice in ORIENT ,New York,by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the( )Assessors,or( )County Real Property Office for every property which abuts and is across a public or private street, - or vehicular right-of way of record,surrounding the appli ro, • • • / f • Sias < es'`•) • Sworn to before me this 22 /'f Aka l ' ,20/10 DIANE DISALVO i / NOTARY RUBLIC=ST TrOF NEW YORK. • I ' • 4/ /' / No. 01D1475593 (Notary Public) Qualified In Suffolk doyn#y • MY Commission Expires April 30, 2010 • PLEASE list on the back of this Affidavit or on a sheet of paper,the lot numbers next - to the owner names and addresses for which notices were mailed.Thank you. 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'C) Restricted Delivery Fee . . , JJ I Restricted Delivery Fee , 4r) im (Endorsement Required) \C) I 0 (Endorsement Required) \\ Or $0.17 - USPS Total Postage&Fees $ 0 -: 016 - 1:3 Total Postage&Fees $ . '' M ' 04/1 20 6 ' $6. 7 mr, Sent To.4,1'.',e . , 0 Sent To li cz? A L„, ,1 2„.. .f •, . . . . rq _ _, En Street,Apt.No., c3 Street,Apt.No; CI 51.p Li I i, if e-r ,,, r- or PO Box No. j2 City Staeqt4, 1 ..r City,State,ZIP 1-4,4_ ihir +F\1 - ----- ---6 ,g - OP4v ( ---‘ "'( j ir I t-- l Ale ' '.1"..A'F;;;9,;.1.-='!•3,9'. .9,,c,',46ust,'.?:066,,, '-':''', : --,,',„,",,,,,,„,',",s'e-e:Rat, i ;ti., ,For.,,,,..02.90;_,.. gya?;39,6,_, ,., ,,,,,;ii.,„,a.!' .,,,,,S,F,,e Hey,e,i, ,9 fzilristructlons _ I--- , 1 ' - ' '' 11:§. . Postal Servfpe 7.m ,.t1,,,,,,bE 1 nfle,.,silt i c 0, 1 MailEOnlyD Ni;14,A,,9, ,CoL s T um;,,, nce oov..eRECEIPTra..-g6„i i r d 'y 1 I:i)1'' 1,' 1 \ Lc) -"ForitdelivcrY information visit our websit&ol74f",,•YsPe•°°11n : Nefik,04965 44 ' .=. GREENPORT-1144Y7,1944., 4-\ r- 0957 .. N Po ttal .9 . , , ' 04 , N .-- Certified Fee $0.00 ,, ,T. ru . . • PRIEN ' Post :4, . ... is Return Receipt Fee — Here 4 1---' (Endorsement Req $0 uired) ' ;00 11 4 pn ' 11 , •.Restricted Delivery Fee i 8 Milliallill 490/,‘ - . in (Endorsement Required) rr $0. u ' V 1/ 4 I - ' . Total Postage&Fees $ ' 1 S'- M 1 1• 1 ... . , 1=3 Sent To r t.....1 v / ti: 44S $ 0, e 1 ( f-FF---- 1 - -.0 ._-6 .:, 'see ReVerse'f'2.0.9t1:P,tiP.11,. _ 13F°1n1'?839,Aug P!!29P -., -' - - 't , ..... .,,.....-.,,- • • . . LISA CRADIT MAILINGS OF NOTICE Scott R. Mcintire Lori Hullender 22 Sound Rd. Greenport, NY 11944 Jemco Realty Assn. LLC PO Box 67 Greenport, NY 11944 Theresa Kukacka 27 Sound Rd. Greenport, NY 11944 Elise S. Webb 26 Sound Rd. Greenport, NY 11944 Karen Pascale 79 Bar Beach Rd. Port Washington 11050 _ i SEN DER:.COMPLETE,' .ECTION'•'�y,- COMPLETE'THIS•SECTIO DELIVERY • ' N Complete items 1,2,and 3.Also complete A. Si.nature \ item 4 if.Restricted Delivery is desired. N,-,14..„, IS Agent ' j II Print your name and address on the reverse -fir 0 Addressee i so that we can return the card to you. B. Received b j • Attach this Card to the back of the mailpiece, Y(Printed Name) C.,gat= •f De. ery • or on the front if space permits. '�1 Z I .r' 1. Article Addressed to; D. Is delivery address different from item 1? 0 Yes $ .=. ' Le If YES,enter delivery address below: ID (` •�4C� „,, ,epn6 caZ4. t ly - ..:-:2(.--? c-- (p4- zi- - I-/\// , �t 3. Service Type s 1 �9 aeV ® /�/ ( ❑Certified Mail® ❑Priority Mail Express"' ,`' L � ❑Registered ❑Return Receipt for Merchandise vv q I L/' 0 Insured Mail 0 Collect on Delivery I / 4. Restricted Delivery?(Extra Fee) 0 Yes ' 2. 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Restricted Delivery?(Extra Fee) ElYes i • 2. Article Number , < „c ;,--•• -- — _ (Transfer from service label) I, •,• 10: 3 0 9 0 0002 7776 4520 ��n PS Form 3811;July',40 ,, ' . Domestic Return Receipt i ' SENDER:••COMPLETE`THIS°'SECTION L.OMPLEi E TH/S°SECTION ON'DELIVERY;.; ■ Complete items 1;2 and 3.Also complete` ` ' 'A."Sign-tura ' , _ _".� item 4 if Restricted Delivery is desired. \ ` , la Agent ■ Print your name and address on the reverse -. /10 ❑Addr so that we can return the card to you. �" N Attach this card to the back of the mailpiece, B. Rec -d by(Printed Name) r_ t o°�pel very or on the front if space permits. ,� %/`- ''I 1. Article Addressed to: D. Is delivery address different from ite Yes v If YES,enter delivery address below: No1.'E 1 <G/l) lie ( P (? . .Z e r (1_/ /?(Vie P ( �� ,e�Atfp iL , 3. Service Type v C�Certified Mail 0 Priority Mail Express"' 0 Registered 171Return Receipt for Merchandise l� 6nCe'cl0 f�y )1,1 (L9 0 Insured Mail 0 Collect on Delivery 0 ( -I 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number I 7010 3090 0002 7776 4544 (Transfer from service label) PS Form 3811,,IJuly 2013, , , k, I ; ; Domestic Return Receipt SENDER:,COMPLETE THIS SECTION' . CQMPLETE THI fCT!ON;ON DELIVERY • • Complete items 1,2,and 3.Also complete A. Sigr rtt$i „), item 4 if Restricted Delivery is desired. ` AgentAA0 II Print your name and address on the reverse X % 1� l r0 Mdressee so that we can return the card to you. B. Received by(Printed Name) C. Da,• .f Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. ■ Yes D. Is delivery address different from item 1? 1. Article Addressed to: If YES,enter delivery address below: • No f/, ' t 'c3 //LAIP r 3. � ice Type �?Y;h; ertified Mail® ❑Priority Mail Express'" ® Al(v y Registered ❑Return' teceipt for Merchandise 0 Insured Mail ElCollect on Delivery . _ _ 4. Restricted Delivery?(Extra Fee) In Yes 2: Article,Number Ii : . ^ • i 1 • •• • 1 ' ' 1— - • ri -1--s_;•' ? '; 4.— ----](Transfer from service labeel lis " 7010',`3'090'`0D02 `7776. 4551_ • ' PS Form 3811,July 2013 Domestic Return Receipt i. SENDER COMPLETE-THIS SECTION , COMPLETE.THIS sECTION^ON DELIVERY r`' ■ Complete items 1,2,and 3.Also complete A. Signature N Y--''''"),N1 O�� �9e ��9 - ,' item 4 if Restricted Delivery is desired. 1 Q 0 Addresse ; • Print your name and address on the reverse 1 q so that we can return the card to you. B. Received by(Printed Name) r U:1(I r e-gf,Dehvf ■ Attach this card to the back of the mailpiece, �?'` L LU it or on the front if space permits. D. Is delivery address different from it 1 0 Yes,/kI 1. Article Addressed to: If YES,enter delivery address belo m ( l' S-. 4 K/vili g, F // f ,% 3. S ice Type Certified Mail® 0 Priority Mail Express' ❑Registered 0 Return Receipt for Merchandise ire6 P r . /\) K (4 0 Insured Mail 0 Collect on Delivery { l 1111 4. Restricted Delivery?(Extra Fee)_`_ D Yes 2. ArticleNumtier; . : i I 701[1 -3'090 AO02 ;7776 ;456 :8• (fransfer`from`servicelkep' 1 • • PS Form 3811,July 2013 yDomestic Return Receipt . CV-17P TOWN OF SOUTHIOLD ZONING BOARD OF1 APPEALS SOUTHOLD,,N1 W YORK • • AFFIDAVIT OF In the Matter of the A plication of POSTING • Lisa Cradit • (Name of Applicants) Regarding Pos' of Sign upon Applicant's LandIdentified as • SCTM Parcel#1000- 35-1-14 COUNTY OF SU FOLK) • STATE OF NEW OC) • - Salem M. atsh, as attorney ding at 65 Ryder Farm Lane rem Orient ,New York,being duly sworn,depose and say that: • On the 27th ay o • April ,2016 ,I personally placed the Town's Official Poster,vyitfi the date of hearing and'nature of my application noted thereon, ' • securely upon my roperty,located ten(10) feet•or closer from the street or right-of- • way(driveway en ce)-facing the street or facing each street or right-of-way entrance,* and that • • I hereby confirm the Poster has remained in place for seven(7)days prior to the .date of the subject Baring date,which hearing date was shown to be May 5, 2016 • Iss ( store) Strom to before me • 6r. Day of Ma ,2011 tp • . TRACEY L. DWYER NOTARY PUBLIC,STATE OF NEW YORK NO.01 DW6306900 i ----- - --- - --------- ----- -_ -- i - OUALIFIED.IN SUFFOLK COUNTY AA- =� COMMISSION EXPIRES JUNE 30,2,613 (1)tary Publ c) / . *near the entrance or driveway entrance of my property,as the area most visible to passerby. , ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OF i ICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net April 11, 2016 Re: Town Code Chapter 55 -Public Notices for Thursday, May 5, 2016 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before April 18th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town AssessorsOffice, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable,you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrahgements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than April 25th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when aN)ailable). These will be kept in the permanent record as proof of all Notices. 2) Not Later April 27th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before May 3, 2016. If you are not able to meet he deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. 1 N )TIcE GF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road , Southold : NAME CRADIT, LISA ii 6953 MAP # 35 .- 1 - 14 VARIANCE INTERPRETATION REQUEST NONCONFORMIN ! USES RE : TRANSIENT RENTAL PROPERTIES DATE : THURS , MAY 5 , 2016 1 : 15 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . ZONING BOARD -TOWN OF SOUTHOLD 765 - 1809 `L N ti k9 C\( #12745 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 28th day of April, 2016. ez.L-,----- ter+-c�-/ Principal Clerk Sworn to before me this day of LA 1 A 2016. LEGAL NOTICE 10:00 A.M. - CHRISTOPHER L SOUTHOLD TOWN ZONING WRIGHT#6948-Request,for Va iatice BOARD OF APPEALSfrom Article XXIII Section 280-124 aid �0 THURSDAY MAY 5,2016 the Building Inspector's January20;2016 PUBLIC HEARINGS Notice of Disapproval based on an appli NOTICE IS HEREBY GIVEN,pur- cation for building permit to construct ad-, C TINA VOLINSKI suant to Section 267 of the Town Law and ditions,and alterations(dormers)to'an ex Town Code Chapter 280(Zoning),Town ;sting single family dwelling,at;1)lets than NOTARY PUBLIC-STATE OF NEW YORK of Southold,the following public hearings the code required front yard setback of 35 No. 01V061 05 050 will be held by the SOUTHOLD TOWN feet,located at:2775 Bray Avenue Laurel, Qualified In Suffolk County ZONING BOARD OF APPEALS at the NY,ISC,rMl.1000-126-9-13.4 My Cam011±;fi100 Expues February 28,2020 Town Hall,53095 Main Road,P.O.Box 10:15 A.M, ROBERT- and FLOR- 1179,Southold,New York 11971-0959,on i 11:00 A.M.-GERARD and TRISIIA The Board of Appeals will hear all per- THURSDAY MAY 5,2016. ENGE TAYLOR #6944 - Rection for POOLE #6949 - Request for Variance sons or their representatives,desiring to be 9:30 A.M. - NEIL STRONSKI and Variances from Article XXIII Section 280- from Article XXIII Section 280-124 and the PATRICIA PEREZ#6929- Ad' from 124 and the Building Inspector's Febru- BuildinInspector'sFebruary17,2016 No- heard at each hearing,and/or desiring to (Adj gsubniit written statements before the con- 3/3/2016 PH) Re uest for Variances ary 11,2016 Notice of Disapproval based lice of Disa royal based on an application q PPelusion of each hearing. Each hearing will nom Article XXII Section 280-116A and on an application for building permit to i for buildin ermit to construct an addition demolish existing dwelling with deck and g F -not start earlier than designated above. Article XXIII Section 280-124 and the to existing single family dwelling at;1)less Files are available for review during regu- Budding Inspector's December 22,2015, construct new single family dwelling with thanthe code required front yard setback lar business hours and prior to the day of Amended January14, 2016 Notice of deck additions,at;1) less than the.code of 40 feet located at 3493 Ole 3ule Lane the hearing. If you have questions,please Disapproval based on an application for r equhed nun* imam side yard setback of 10 Mattituck,NY.SCTM#1000122-5-22.1 PP as contact our office at,(631)765-1809,or by buildino permit to legalize`as built'add;- + feet,2)less than the code required cam- AM - ggy and IRENE gemail:Vicki.Toth@Town.Southold nyus. tions/alterations and accessory structures bined side yard of 25 feet,located at:1010 pHILH'P-OLJ:.#6947 - Request for Vari Dean Drive (adj. to Peconic Bay), Cu- q _ Dated.April 11,2016 and construct additions/ory to the tchogue,NY.SCTM#1000-116-5-11 ance under Article IV Section 280-18 andeZONING BOARD OF APPEALS Fisting`as built'accessory structures,at 10:30A.M.-JAMESO'HAGEN#6945 the Building Inspector's March 2, 2016 LESLIEKANESWEISMAN,CHAIR- 1)'the proposed and'as built' accessory Applicant requests a.Special Exception Notice of Disapproval based on an ap- PERSON construction is less than code required set- under Article III Section 28013B(14).The plication for building permit for alot line BY:Vicki Toth back of 100 feet from the top of the bluff, Applicant is the owner requesting author;- change, at: less.than the code required '54375 Main Road(Office Location) 2)`as built'deck addition is less than the ration to establish an Accessory Bed and minimum lot size of 40,000 sq ft.,located 53095 Main Road(Mathng/USPS) code of t ed setback of 100 feet from Breakfast,accessory and mcidental,to the at.2300&2200 Rocky Point Road East P.O.Box 1179 the top of the bluff,3)`as built'deck addi- Southold,NY 11971-0959 tion located at less than the code required residential occupancy in this Single-family Marion,NY.SCTM#'s1000-31-2-7&6.2 q dwelling,with four(4)bedrooms for lodg- 1:15 P.M.-LAURIE BLOOM#6954- 12745-IT 4/28 minimum side yard setback of 15 feet, ing and serving of breakfast to the B&B This is a request under Article XXVI Sec- located at 7125 Nassau Point Road(allcasual, transient roomers. Location of tion 280:146D requesting an INTERPRE- to Little �' Peconic Bay) Cutchogue, NY Property: 1125 Windward Road Orient, TATION of Town Code,Article XXIII, SCTM#1000-1100-111-15-11 9;45 A.M.-SOUTHOLD SUNSETS, NY. SCTM#1000-14-2-30.1 Section 280-121(non-conforming uses)in LLC#6951-Request for Variances from 10:45 •MARY.ANN' A.M..M. FLEIS- relation to Transient rental properties,lo- Ar tide XXIII Section 280-124 and theCHMAN #6950 - Applicant,requests'a cated at 1690 Paradise Shore Road South- Article Inspector's March 28,2016 No- SpecialExcephonunder Article III'Section old,NY.SCTM#1000-80-1-18 - 80-13B(14).The Applicant is the owner 1:15 P.M.-LISA CRADIT#6953-This tice of Disapproval based on an appiica- , requesting authorization to establish an is a request under Article XXVI Section Iron for building permit to demolish exist- Accessory Bed and Breakfast, accessory 280-146D requesting an INTERPRETA- ing single family dwelling and construct and Incidental to the residential occupancy TION of Town Code,Article XXIII,Sec- new single family dwelling,at;1)less than in this single-family dwelling,with two(2) tion 280-121 (non-conforming uses) in the code required minimum front yard bedrooms for lodging and serving of break- relation to T ansient rental properties,lo- setback of 40 feet,2) less than the code fast to the B&B casual,transient roomers cated at 560 Sound Road Greenport,NY required minimum side yard setback of I Located at:560HoldenAvenueCutcho SCTM#1000-35-1-14 15 feet,located at:4200 Kenney's Road (adj.to Long Island Sound)Southold,NY NY SCJ'M#1000-110-5-21.2 SCTM#1000-54-4-3 , BOARD MEMBERS ��'' Southold Town Hall #11;.‘OF SOU,' - 53095 Main Road•P.O.Box 1179 Leslie Kanes Weisman,Chairperson i� � H® ���,`O !O Southold,NY 11971-0959 Eric Dantes R ; Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning . 9 y0 �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider : 1if'COU � d1�� Southold,NY 11971 � ,,�� http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax (631)765-9064 June 20, 2016 Salem M. Katsh Attorney at Law 65 Ryder Farm Lane Orient,NY 11957 Re: ZBA Application#6953 —Lisa Cradit Dear Mr. Katsh; Transmitted for your records is a copy of the Board's June 16, 2016 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for interpretation. If you have any questions,please call the office. Sineely, 11 Ki . Fuentes - Zoning Board Assistant Encl. cc: Building Dept. --a-'-''-'--*;;-*'"- --r''"''''.'-'77'1 .-- ' - ''''''''--7 -''''''aiL7- 7.-.1 •';c:','"-;',7;:r '-f:'".f:-_.-7-7-71 :-',.,.„-.'''-'-',_''-'-•r' • ,,,'',• • -r %.,-',,a; -..-''''..' ,,':;--•-:.''.:::-'.;',-,:_:--",--z*,1,:•,',1'!:?..,‘,-11; ',_:-::::,',="1:""1,,,•=a->'.,,,,,,,:-,-;-i-',?•-•,; :', '. - ..-t•;,", .' 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