Town of Shelter Island
Shelter Island, New York
 
 
Town Board Agenda
 
 
 
 
 
 
                SUBJECT TO CHANGES
 
                      AGENDA FOR TOWN BOARD MEETING OF 3/10/17
 

AGENDA FOR TOWN BOARD MEETING FRIDAY, MARCH 10, 2017

 

SUBJECT TO CHANGE

 

            The following resolutions are proposed to be considered for adoption by the Town Board on Friday, March 10, 2017

 

  1.       Credit funds

 

            BE IT RESOLVED, That the Supervisor is hereby authorized and directed to credit the reimbursement funds received from Gym Source for a duplicate payment in the amount of $658.49 to the 2016 A7020.462 FIT account.

 

  2.       Appointments

 

            "Whereas", the term of William Anderson, Jr. as a member of the Water Advisory Committee will expire on April 2, 2017, and

            "Whereas", Mr. Anderson has expressed his willingness to continue to serve the Town in said capacity, now, Therefore

            BE IT RESOLVED, That William Anderson, Jr. is hereby re-appointed to serve as a member of the Water Advisory Committee for a term to expire on April 2, 2019.

 

            "Whereas", the term of Gregory Toner  as a member of the Water Advisory Committee will expire on April 2, 2017, and

            "Whereas", Gregory Toner has expressed his desire to continue to serve in said capacity, now, Therefore

            BE IT RESOLVED, That Gregory Toner is hereby re-appointed to serve as a member of the Water Advisory Committee for a term to expire on April 2, 2019.            

 

            "Whereas", the term of Albert Dickson as a member of the Water Advisory Committee will expire on April 2, 2017, and

            "Whereas", Mr. Dickson has expressed his willingness to continue to serve the Town in said capacity, now, Therefore

            BE IT RESOLVED, That Albert Dickson is hereby reappointed to serve as a member of the Water Advisory Committee for a term to expire on April 2, 2019.

 

            "Whereas", the term of Ken Pysher as a member of the Water Advisory Committee will expire on April 2, 2017, and

            "Whereas", Ken Pysher has expressed his willingness to continue to serve the Town in said capacity, now, Therefore

            BE IT RESOLVED, That Ken Pysher is hereby reappointed to serve as a member of the Water Advisory Committee for a term to expire on April 2, 2019.

 

            "Whereas", the term of Lori L. Beard Raymond as a member of the West Neck Water District Board of Directors will expire on April 25, 2017, and

            "Whereas", Mrs. Raymond has expressed her willingness to continue to serve the Town in said capacity, now, Therefore

            BE IT RESOLVED, That Lori L. Beard Raymond is hereby reappointed to serve as a member of the West Neck Water District Board of Directors for a term to expire on April 25, 2022.

 

  3.       Appointments to Water Quality Committee

 

                """Whereas", the Town Board has established a Water Quality Improvement Advisory Board, with members from the Water Advisory Committee, Community Preservation Fund Advisory Board, Waterways Management Advisory Council, and the community at large, said members to serve for five year terms after an initial phase in period; now, Therefore

            BE IT RESOLVED, that the base committee representatives shall be appointed as a representative of the base committee (WAC, CPFAB, WMAC), subject to such appointee continuing to serve on the base committee, with the base committee to appoint a replacement to serve out the balance of the term if the appointee leaves the base committee; and

                       BE IT FURTHER RESOLVED, that appointments to said board shall be as follows:

            The WAC representative shall have an initial term of one year, and such initial appointee shall be Gregory Toner; said term to expire on February 2, 2018, and

            The CPFAB representative shall have an initial term of two years, and such initial appointee shall be Edward Shillingburg; said term to expire on February 2, 2019; and

            The WMAC representative shall have an initial term of three years, and such initial appointee shall be James Eklund; said term to expire on February 2, 2020; and

            Tim Purtell shall be appointed as a community at large representative for an initial term of four years; said term to expire on February 2, 2021; and

            Mark Mobius shall be appointed as a community at large representative for an initial term of five years; said term to expire on February 2, 2022.

 

  4.       Return filming deposit

 

            "Whereas", filming permit number 63 was issued on March 2, 2017 to Club Monaco for filming at Bootlegger's Alley on March 6, 2017, and

            "Whereas", a filming clean up deposit of $1,000.00 was paid for said filming, and

            "Whereas", it has been determined that no part of the deposit was utilized, now, Therefore

            BE IT RESOLVED, That the Supervisor is hereby authorized and directed to return the deposit amount of $1,000.00 to Ralph Loren Corp./Club Monaco, P. O. BOx 35868, Greensboro, NC  27425-5868.

 

  5.       Registration for Local Roads Program         

 

            BE IT RESOLVED, That the Supervisor is hereby authorized and directed to expend the sum of $50.00 from the A 5010.440 Superintendent of Highways training account to Cornell Local Roads Program, 416 Riley-Robb Hall, Ithaca, New York 14853-5701 for registration for the Superintendent of Highways to attend the Spring 2017 workshop "Local roads done right" to be held at the Suffolk County Cooperative Ext, 423 Griffing Avenue, Riverhead, New York on May 2, 2017.

 

  6.       Congdon's Creek dock fees (amended)

 

            BE IT RESOLVED, That Resolution No. 98 - 2017 dated January 27, 2017, concerning Congdon's Creek dock fees, is hereby amended to read as follows:

            BE IT RESOLVED, That effective immediately the fees for docking at Congdon's Creek dock is hereby set as follows:

                        $500.00 per slip per year;

                        $350.00 per slip per year for slip holders who possess a current NYS DEC permit(s), namely a Shellfish Digger's Permit, or a vessel registered for "commercial" shellfish operations only.

                            

  7.       Justice Court copier maintenance

 

            BE IT RESOLVED, That the Supervisor is hereby authorized and directed to expend the sum of $300.00 from the 2017 A1110.484 Justice Court office and miscellaneous account to Carr Business Systems, Commack Road, Site 110, Commack, New York 11725 for the annual maintenance contract for the period February 28, 2017 through February 28, 2018 for the copy machine in Justice Court.

 

  8.       Hazwoper maintenance

 

            BE IT RESOLVED, That the Supervisor is hereby authorized and directed to expend the sum of $825.00 from the 2017 A5010.440 Superintendent of Highways training account to Miller Environmental Group Calverton Training Institute, 538 Edwards Avenue, Calverton, NY 11933 for five Highway Department employees to attend an eight hour hazwoper refresher training course on March 15, 2017.

 

  9.       Shell Beach groin

 

            BE IT RESOLVED, That the Commissioner of Public Works is hereby authorized and directed to advertise for sealed bids for the replacement of groin #4 at Shell Beach. 

 

   10.    Attendance Policy

 

            BE IT RESOLVED, by the Town Board of the Town of Shelter Island that the following attendance policy is hereby adopted, effective immediately:

            The Town of Shelter Island places heavy reliance on the services of the Planning Board, Zoning Board of Appeals and Board of Assessment Review.  These boards have a minimal staff and receive a stipend, so it is essential that every board member attend meetings and carry a portion of the work.  In order to achieve this goal, and to advise all future board members of the attendance expected of them, the Town Board of the Town of Shelter Island hereby establishes the following attendance policy for the Planning Board, Zoning Board and Board of Assessment Review:

            All members of the Planning Board, Zoning Board and Board of Assessment Review shall make every effort to attend work sessions and regular meetings.  Within a calendar year, no member shall miss more than twenty percent of the meetings.  Members shall give at least 24 hours advance notice of inability to attend a meeting so that the other members can be sure a quorum is available for the meeting.  Failure to give such advance notice for two or more meetings, absent an emergency, is unacceptable.  Failure by a board member to adhere to these minimum attendance standards shall be a basis for removal from office by the Town Board.

 

  11.     Act on 121 South Ferry Road application

 

            "Whereas", Noam Gottesman, 121 South Ferry, LLC, 121 South Ferry Road, has petitioned the Town of Shelter Island for permission to install a mooring in Smith's Cove, approximately 170' south of the O-3245 Casey mooring and approximately 200' east of the O-3254 Russekoff mooring; said mooring location was formerly occupied by the Frowein O-2712 mooring, and further designated as latitude 41.04870° north and 72.31760° west, and

            "Whereas", a public hearing was duly held on the 17th day of February, 2017, for all interested persons to be heard in favor of or in opposition, now, Therefore

            BE IT RESOLVED, That the Town Clerk is hereby authorized to issue a permit for the aforementioned installation.

 

  12.     Act on Yacht Club repair application

 

            "Whereas", the Shelter Island Yacht Club has petitioned the Town of Shelter Island for permission to maintenance dredge certain areas as per submitted plan and pursuant to DEC permit, and

            "Whereas", the Waterways Committee of the Town Board has inspected the site and approved of said dredging, now, Therefore

            BE IT RESOLVED, That the Town Clerk is hereby authorized to issue a permit for the aforementioned maintenance dredging. 

 

  13.     Act on Historical Society outdoor assembly application

 

            "Whereas", pursuant to Chapter 33 of the Shelter Island Town Code, the Shelter Island  Historical Society has requested permission as per application dated January 17, 2017, to hold an Antique and Classic Car Show event on Saturday, June 10, 2017, with a rain date of June 11, 2017, and

            "Whereas", the required fees of $100.00 application fee and $100.00 compliance fee have been submitted, and

            "Whereas", the Shelter Island Highway Department has stated as follows: You may want to again consider parking on the east side of the show; this would stop the need for pedestrians to cross the road as they during the chicken barbecue, and the garbage to be cleaned up the same day, and

            "Whereas", the Shelter Island Police Department requests that the Fire Police assist with traffic at the intersection of Burns and Cartwright Roads as they do at the annual chicken barbecue; the Police Department will also augment traffic control as needed to provide a safe crossing from the parking area to the car show grounds, now, Therefore

            BE IT RESOLVED, That the request for said permission is hereby approved.

 

  14.     Authorize Town Clerk to advertise for bids on corn

 

            BE IT RESOLVED, That the Town Clerk is hereby authorized and directed to advertise for sealed bids for the proposed purchase of corn for the year 2017.

 

  15.     Act on Clark wetlands application

 

            WHEREAS, Richard and Charlotte Clark have applied to the Shelter Island Town Board for a wetlands permit for the premises located at 6-J Hagar Road, Shelter Island, New York  and zoned C-Residential/Near Shore Overlay, designated as Suffolk County Tax Map 0700-18-031-46.2; and

            WHEREAS, the applicant seeks a wetlands permit for permission to demolish the existing garage and construct a swimming pool within the regulated area, as shown on a Site Plan by Sherman Engineering dated 11/14/16, so that the work is subject to Chapter 129 of the Shelter Island Town Code; and

            WHEREAS, the application was referred to the Planning Board and CAC for recommendations and their recommendations have been submitted and considered; and

            WHEREAS, the NYS DEC issued letter of non-jurisdiction dated 12/21/15 for this project; and

            WHEREAS, this Board considered the proposed action at a public hearing, pursuant to notice, on February 17, 2017, and

            WHEREAS, this Board now wishes to render a decision on this wetlands permit,

            NOW, THEREFORE, BE IT

            RESOLVED, that this Board hereby establishes itself as Lead Agency pursuant to SEQRA; and be it further

            RESOLVED, that this Board finds that this is a Type II action which will not result in any significant adverse impacts on the environment; and be it further

            RESOLVED, that the Town Board makes the following findings as to the permit:

1)   The parcel is a 41,454 square foot. property bordering Menantic Creek and lying at the end of a private dirt road; and

2)   On May 16, 2016 the parcel received wetland approval to demolish the 1,400 square foot. one-story house and replace it with a new two story house; and

3)   Applicant seeks to demolish the existing 20 'x 25' garage which is 70.2' from the wetlands and replace it with an 18'x35' swimming pool 75' from the wetlands; and

4)   Although this is the largest parcel in a very tightly developed neighborhood, it is at the end of a peninsula extending into Menantic Creek and has a very small building envelope, and if a swimming pool replaces the garage the owner will not have room to build a garage in the future; and

5)   Applicant indicates the maximum groundwater elevation at this site is 2' below the lowest depth of the pool so that dewatering will not be necessary during construction, but measures must be taken to ensure that the pool is above the water table which are reflected in the conditions of approval; and

6)   The swimming pool will have an automatic swimming pool cover to reduce water loss, which is important to protect the water table in this area; and

7)   There is no swimming pool surround proposed for this pool as it extends right up to the vegetative buffer, which will prevent future installation of a pool surround that would extend into the vegetative buffer; and

8)   As mitigation, Applicant states will install an automatic pool cover and pool drywell outside the vegetative buffer, as well as maintain silt fencing to prevent stormwater runoff; and

9)   The Town Board has determined that the pool drywell can be located 50' from the well instead of the 100' required by Town code because the pool effluent will pose little threat to drinking water;

            and be it further

            RESOLVED, that the wetlands permit to demolish the garage and construct a swimming pool within the regulated area for the premises located at 6-J Hagar Road, Shelter Island, NY, is hereby granted, subject to the following conditions:  

1)   The above-described project shall be constructed as depicted on the Proposed Site Plan by Sherman Engineering dated 11/14/16; and

2)   The following mitigation measures shall be in place prior to issuance of a certificate of occupancy: install an automatic pool cover and pool drywell outside the vegetative buffer; and

3)   Construction on this project shall not occur between June 15 and Labor Day to avoid noise and dust disturbance to adjacent neighbors in this tight community who primarily use their properties as a summer retreat; and

4)   In order to prevent intrusion of this project into the water table and the negative impacts of any associated dewatering, applicant is required to have a building department inspection after the foundation excavation and prior to installation of the foundation to verify that the basement will be above the ground water; and

5)   During construction there shall be no parking which would block Hagar Road, and all construction supplies and parking should be on the subject parking but kept as far from the wetlands as possible; and

6)   Hagar Road must be maintained in a smooth and drivable condition, and no Certificate of Occupancy for this construction shall be issued unless Hagar Road is in the same or better condition than it was at the commencement of construction; and

7)   During construction wire-backed silt fences shall be securely placed at the location shown on the above-described site plan. The silt fence shall be maintained throughout construction and until the disturbed soil has been stabilized. Soil disturbance should be minimized where possible. Construction materials and equipment shall be staged outside the regulated area; and

8)   Construction procedures and erosion controls shall be designed to prevent any runoff from disturbed ground into the wetland areas. The location of mitigation measures shall be examined by the Building Department prior to the start of work and periodically thereafter; and

9)   Prior to issuance of a wetland permit the applicant must file a certificate of insurance with the Town Clerk showing the Town of Shelter Island as an additional insured under a comprehensive general liability policy with a minimum limits of $500,000; and

10) This permit shall only be valid for construction commencing within two years of the date of this approval.

and be it further

            RESOLVED, that copies of this approval shall be filed with the Building Inspector.

 

  16.     Act on Stern wetlands application

 

            WHEREAS, Andrea Stern has applied to the Shelter Island Town Board for a wetlands permit for the premises located at 2 Charlie's Lane, Shelter Island, New York  and zoned C-Residential/Near Shore Overlay, designated as Suffolk County Tax Map 0700-23-01-24.8; and

            WHEREAS, the applicant seeks a wetlands permit for permission to remove the existing swimming pool and patio and construct a new patio and deck within the regulated area, as shown on a Project Plan dated 2/17/17 by Sherman Engineering, so that the work is subject to Chapter 129 of the Shelter Island Town Code; and

            WHEREAS, the application was referred to the Planning Board and CAC for recommendations and their recommendations have been submitted and considered; and

            WHEREAS, the NYS DEC issued letter of non-jurisdiction dated 3/13/2001 for this project; and

            WHEREAS, this Board considered the proposed action at a public hearing, pursuant to notice, on February 17, 2017, and

            WHEREAS, this Board now wishes to render a decision on this wetlands permit,

            NOW, THEREFORE, BE IT

            RESOLVED, that this Board hereby establishes itself as Lead Agency pursuant to SEQRA; and be it further

            RESOLVED, that this Board finds that this is a Type II action which will not result in any significant adverse impacts on the environment; and be it further

            RESOLVED, that the Town Board makes the following findings as to the permit:

1)   The parcel is a 141,617 square foot. property bordering West Neck Bay and developed with a one story house; and

2)   Applicant seeks to demolish the existing pool and patio located 10.5' from the bulkhead with a  patio and deck and a gravel stormwater trap; and

3)   The Planning Board recommended abandoning the existing pool in-place, since it is so close to the house and bulkhead that removal might undermine them, and applicant's representative agreed; and

4)   The swimming pool would have holes drilled and be filled with sand, which would serve as the sand bed base for a patio and an IPE deck with board set 1/8" apart to allow drainage; and

5)   The Town Board feels that eliminating a pool from the vegetative buffer and replacing it with a deck is an overall benefit to the regulated area; and

6)   As further mitigation, Applicant states it will pitch the patio to collect water overflow into surface drains and piped to drywells, install a 256 square foot. gravel/stone stormwater trap to contain stormwater and install native plantings as shown on a vegetation plan dated 2/17/17;

            and be it further

            RESOLVED, that the wetlands permit to remove the swimming pool and construct a new patio and deck within the regulated area for the premises located at 2 Charlie's Lane, Shelter Island, NY, is hereby granted, subject to the following conditions:  

1)   The above-described project shall be constructed as depicted on Project Plan and Vegetation Plan dated 2/17/17 by Sherman Engineering; and

2)   The following additional mitigation measures shall be in place prior to issuance of a certificate of occupancy: the IPE deck boards are 1/8" apart to drain stormwater, installation of a 256 square foot. gravel/stone stormwater trap to contain stormwater and installation of native plantings as shown on a vegetation plan dated 2/17/17

3)   During construction wire-backed silt fences shall be securely placed at the location shown on the above-described site plan. The silt fence shall be maintained throughout construction and until the disturbed soil has been stabilized. Soil disturbance should be minimized where possible. Construction materials and equipment shall be staged outside the regulated area; and

4)   Construction procedures and erosion controls shall be designed to prevent any runoff from disturbed ground into the wetland areas. The location of mitigation measures shall be examined by the Building Department prior to the start of work and periodically thereafter; and

5)   Prior to issuance of a wetland permit the applicant must file a certificate of insurance with the Town Clerk showing the Town of Shelter Island as an additional insured under a comprehensive general liability policy with a minimum limits of $500,000; and

6)   This permit shall only be valid for construction commencing within two years of the date of this approval.

and be it further

            RESOLVED, that copies of this approval shall be filed with the Building Inspector.

 

  17.     Act on Anglin wetlands application

 

            WHEREAS, Camille Anglin has applied to the Shelter Island Town Board for a wetlands permit for the premises located at 188 N. Ferry Road, Shelter Island, New York  and zoned B-Business/Near Shore Overlay, designated as Suffolk County Tax Map 0700-7-4-82.1; and

            WHEREAS, the applicant seeks a wetlands permit for permission to upgrade the septic system by installing 3 new leaching pool within the regulated area, as shown on a plan by Nathan Taft Corwin III last dated 11/17/2016, so that the work is subject to Chapter 129 of the Shelter Island Town Code; and

            WHEREAS, the application was referred to the Planning Board and CAC for recommendations and their recommendations have been submitted and considered; and

            WHEREAS, the NYS DEC issued letter of non-jurisdiction dated 11/5/2001 for this project; and

            WHEREAS, this Board considered the proposed action at a public hearing, pursuant to notice, on February 17, 2017, and

            WHEREAS, this Board now wishes to render a decision on this wetlands permit,

            NOW, THEREFORE, BE IT

            RESOLVED, that this Board hereby establishes itself as Lead Agency pursuant to SEQRA; and be it further

            RESOLVED, that this Board finds that this is an Unlisted action which will not result in any significant adverse impacts on the environment; and be it further

            RESOLVED, that the Town Board makes the following findings as to the permit:

1)   The parcel is a 6,037 square foot. property bordering Dering Harbor currently developed with a retail store with storage; and

2)   Applicant seeks to expand the existing septic system to convert 1197 square foot. of storage area to an apartment per a Suffolk County Health Department approval dated 3/5/2012; and

3)   The three additional septic rings will be installed approximately 10' from the bulkhead and 14" above the water table pursuant to conditions set forth in a Suffolk County of Health Services Board of Review hearing on 12/9/10; and

4)   Measures must be taken to ensure that there is no dewatering involved in installation of the septic upgrades; and

5)   As mitigation, Applicant states will maintain silt fencing around disturbed soil to prevent stormwater runoff; and

            and be it further

            RESOLVED, that the wetlands permit to upgrade the septic system at 188 N. Ferry Road, Shelter Island, New York  by installing 3 new leaching pool within the regulated area is hereby granted subject to the following conditions:  

1)   The above-described project shall be constructed as depicted on a plan by Nathan Taft Corwin III last dated 11/17/2016; and

2)   During construction wire-backed silt fences shall be securely placed at the location shown on the above-described plan. The silt fence shall be maintained throughout construction and until the disturbed soil has been stabilized. Soil disturbance should be minimized where possible. Construction materials and equipment shall be staged outside the regulated area; and

3)   There shall be no dewatering during installation of the septic upgrades; and

4)   Construction procedures and erosion controls shall be designed to prevent any runoff from disturbed ground into the wetland areas. The location of mitigation measures shall be examined by the Building Department prior to the start of work and periodically thereafter; and

5)   Prior to issuance of a wetland permit the applicant must file a certificate of insurance with the Town Clerk showing the Town of Shelter Island as an additional insured under a comprehensive general liability policy with a minimum limits of $500,000; and

6)   This permit shall only be valid for construction commencing within two years of the date of this approval.

            and be it further

            RESOLVED, that copies of this approval shall be filed with the Building Inspector.

 

  18.     Set public hearing on King wetlands application

 

            "Whereas", Dan Hall of Land Use Ecological Services, Inc., as agent for John and Kathleen King, 29 Winthrop Road, has petitioned the Town of Shelter Island for a wetlands permit for permission to install a 14 foot by 24 foot in-ground pool, and patio,  now, Therefore

            BE IT RESOLVED, That pursuant to Section 129-7 of the Code of the Town of Shelter Island, a public hearing will be held at 4:40 p. m., prevailing time, on the 31st  day of March, 2017, in the Shelter Island Town Hall, Shelter Island, New York, for all interested persons to be heard in favor of or in opposition to the proposed application.

 

  19.     Set public hearing on Local Law re:  Short term rentals

 

            BE IT RESOLVED, That the Town Board hereby calls for a public hearing to be held at 5:00 p. m., prevailing time, on the 7th day of April, 2017, in the Shelter Island High School Auditorium, 33 North Ferry Road, Shelter Island, New York, for all interested persons to be heard in favor of or in opposition to a proposed LOCAL LAW ENTITLED AMENDMENTS TO CHAPTER 133, ZONING, RE SHORT TERM RENTALS, to wit:

 

Be it enacted by the Town Board of the Town of Shelter Island, as follows:

SECTION 1.  Legislative Intent.

The Shelter Island Town Board has determined that with the advent of Internet based "for rent by owner" services there has been a dramatic increase in residential homes being rented for short periods of time. The Town Board finds that such transient rentals threaten the residential character and quality of life of neighborhoods in which they occur. These concerns are best addressed through appropriate legislation.

Additionally, the Town Board has determined that a short-term rental, as being potentially more lucrative, will necessarily decrease the inventory of available long-term affordable rentals. Therefore, the Town Board in order to protect the health, safety and welfare of the community requires the regulation of these transient rental properties.

Regulation of rentals will preserve and protect the Island's neighborhoods, provide standards and procedures for rentals, allow owners and residents continued quiet enjoyment of their residential properties, as well as educate prospective renters on the Town's regulations and expected behavior through the Good Neighbor Brochure for Vacation Renters that is part of the owner's lease agreement with the renter.

 

SECTION 2. Amend Chapter 133-1 Definitions by adding the following definitions:

ADVERTISING. Any and all advertising or any other form of communication for marketing that is used to encourage, persuade, or manipulate viewers, readers, or listeners into contracting for goods and/or services as may be viewed through various media, including but not limited to newspapers, magazines, flyers, handbills, television commercials, radio signage, direct mail, websites, emails, or text messages by owner and/or owner's agent or representative.

 

CONVENTIONAL BEDROOM. A room designed principally as a sleeping area. Rooms having other purposes, such as dens, living rooms and hallways are not to be interpreted as a conventional bedroom.

 

GOOD NEIGHBOR BROCHURE. A document prepared by the Town that summarizes the general rules of conduct, consideration, and respect, including but not limited to provisions of the Town Code of the Town of Shelter Island applicable to renters.

 

LOCAL CONTACT PERSON. An individual designated by the owner or owner's agent or representative who resides on Shelter Island and is available 24 hours per day, seven (7) days per week for the purpose of responding by telephone or in-person to complaints regarding the condition or conduct of occupants of the residential rental and who is authorized by the owner to take remedial action.

 

OWNER. The legal owner of any property.

 

OWNER OCCUPIED. Premises where owner is simultaneously domiciled on the same or adjacent premises with tenant or tenants during a rental term.

 

RENTAL LICENSE. An annual license issued by the Town to the owner to allow the use or occupancy of a vacation rental, pursuant to this Chapter.

 

RENTAL NOTIFICATION. Notification of a confirmed rental made by the owner of a vacation rental to the Town.

 

RENTAL REGISTRY. A registry maintained by the owner of a vacation rental showing the dates of rental and tenant names and contact information.

 

RENTAL TERM. The period of time a tenant rents or leases a portion or all of a premises.

 

TENANT. A person to whom an owner or owner's agents and/or representatives grant temporary use of land or a part of a building, usually in exchange for rent.

 

VACATION RENTAL. A dwelling unit which is used as a temporary residence by persons other than the owner or owner's immediate family and for which money or other consideration or compensation is paid by the tenant to the owner or owner's agent and/or representative, directly or indirectly, for the use and enjoyment of all or a portion of the dwelling unit. Vacation rentals include, but are not limited to one-family dwellings, two-family dwellings, apartments, and any other buildings or structures, whether attached or detached to a primary structure.

For the purposes of this Chapter, Vacation Rentals shall not include:

a.   Any premises or portion of premises rented to a tenant as a fixed and permanent home; or

b.   Any premises, or portion of premises, that is owner occupied; or

c.   Any premises used exclusively for non-residential commercial or non-profit purposes; or

d.   Any legally operating commercial hotel/motel or bed-and-breakfast establishment; or

e.   Rental of property for more than fourteen consecutive days; or

f.    Rental of premises located in the B-Business zone; or

g.   Short-term rentals by Taylor's Island Foundation, The Nature Conservancy Mashomack or Sylvester Manor that are used as fund-raisers for these non-profits.

SECTION 3. Amend Chapter 133 by adding a new section 133-14.1, Vacation Rental Regulation, to read as follows:

A. License requirements. Vacation rentals shall be permitted subject to issuance of a rental license, renewable annually and subject to the following requirements:

1)   Submittal of a completed, fully-executed Vacation Rental License Application or Vacation Rental License Annual Renewal Application, with applicable license fee(s) as established by resolution of the Town Board.

2)   The vacation rental shall have a valid and current certificate of occupancy or certificate of compliance and shall be in compliance with the town building and zoning codes. There shall be no more than one vacation rental on a property.

3)   The total number of conventional bedrooms in a premises shall not exceed the number indicated on a certificate of occupancy or certificate of compliance and the filed building plans for all structures on the premises.

4)   Occupancy of a vacation rental shall not exceed two (2) persons per conventional bedroom.

5)   The owner of a vacation rental shall maintain a copy of the rental agreement on premises, and the rental registry for examination by the Town, if requested. Rental registry records shall be preserved a minimum of three (3) years.

6)   The Town shall provide a Good Neighbor Brochure to owner in digital, PDF format, made available for downloading and printing on the Town of Shelter Island web site. Good Neighbor Brochures may be updated and revised from time to time, and it is the owner's responsibility to ensure that a current version is provided to tenants.

7)   The Owner must print and provide a Good Neighbor Brochure to each tenant prior to commencement of the rental term. Owner is required to have each tenant sign a Good Neighbor Brochure, and it shall be made a part of the lease agreement with the owner.

8)   No signs advertising a vacation rental shall be allowed.

9)   All vacation rentals must maintain a local contact person. Owner shall provide to the Town current contact information of the local contact person, including the name, address, phone number, and email address. Owner must also certify that owner has provided the immediate property neighbors with owner's personal cell phone number to call in event of problems with the vacation rental.

10) The vacation rental license may not be transferred or assigned upon death or transfer of the named licensee. The license does not authorize any person, other than the person named therein, to operate the vacation rental license on the property.

11) A writing, promulgated by the Office of the Town Attorney, executed by the owner(s) of the rental property, which designates either:

(a) A person, firm or corporation with an actual place of business, dwelling place, or usual place of abode located within the boundaries of the Town of Shelter Island; or

(b) The Town Clerk of the Town of Shelter Island as agent for service for criminal and civil process pursuant to CPLR Section 318. Every owner shall insure that the address for delivery of such process is current and shall advise the Town Clerk whenever the address is changed. The designated agent, upon receipt of service of process under this designation shall forthwith transmit by regular and certified mail to the owner(s) of the rental property at the address included on the owner(s) application.

B. Advertising

1)   The following applies to all advertising of vacation rentals:

a)   The current rental license number assigned by the Town for the advertised vacation rental must be displayed; and

b)   The listed occupancy of the advertised vacation rental must not exceed the maximum allowed by the rental license.

c)   The minimum rental period shall not be less than fourteen (14) days.

2)   Failure to include the required information in advertising shall be a violation of this Chapter.

C. Vacation Rental Timing

   1) No property owner may allow their vacation rental to be rented more than once in any fourteen day period.

D. Penalties for Violations.

1)   License required.  It shall be unlawful and a violation of this Chapter for any person or entity owning, renting or leasing a vacation rental within the Town to rent, lease or permit the occupancy of such vacation rental property without having first licensed the property as a vacation rental property with the Town after filing of a complete Vacation Rental Property License Application or Rental Property License Annual Renewal Application and paying the license fee established by the Town Board.

2)   Use prohibited.  It shall be unlawful and a violation of this chapter for any person or entity to allow use or occupancy of a vacation rental without that property being validly licensed as a vacation rental property with the Town.

3)   Violation of this code shall result in fines as set forth below. The vacation rental license may be suspended or revoked for any violation deemed appropriate by the Town Board, subject to a due process hearing prior to the action.

a.   For the first violation, a minimum fine of $500, not to exceed $1,500.

b.   For the second violation within the next 12 months, a minimum fine of $750, not to exceed $2,500, and/or suspension of the vacation rental license for a period up to six (6) months, and during said time the premises shall not be utilized for a vacation rental.

c.   For the third violation within the next 12 months, a minimum fine of $1,000 not to exceed $4,000, and suspension of the vacation rental license for a period of twelve (12) months, and during said time the premises shall not be utilized for a vacation rental.

d.   The Town Board shall be the body to suspend a vacation rental license pursuant to the section above, and shall offer the permittee a reasonable opportunity to appear and be heard on the suspension prior to imposing the suspension.

E. Applicability.

            This law applies to all properties which are used as vacation rentals, regardless of whether such activity occurred prior to adoption of these regulations. Short term vacation rentals are a commercial use which has never been allowed by residential zoning and this legislation provides guidelines to allow it subject to limitations. The licensing requirement is a ministerial act which does not significantly change previous rights, privileges, or practices regarding the property.

F. Review Board.

            The Town Board will be the review board for issues associated with implementation of this law. The Town Board reserves the right to amend this law to add or change restrictions and license terms as it deems necessary.

 

SECTION 4. SEVERABILITY. In the event that any portion of this chapter is hereafter found to be invalid, such invalidity shall not affect the remaining portions of this chapter.

 

SECTION 5. EFFECTIVE DATE. This law shall become effective immediately upon filing with the Secretary of State. Implementation of this law shall be as follows:

a. All vacation rentals owners shall obtain a vacation rental license prior to July 1, 2017.

b. The limit on rentals more than once in a fourteen day period may be temporarily waived if the property owner submits written proof to the Town that the rental agreement was signed prior to adoption of this ordinance.

c. However after December 31, 2017 all vacation rentals, regardless of date entered into, must comply with the limit on rentals to once in a fourteen day period.  

 

            4:45 p. m.  Public hearing on proposed local law entitled A Local Law to Address Minor Clarifications in the Town Zoning Code re: Accessory Structures

 

            4:47 p. m.  Public hearing on A Local Law to Address Minor Clarifications in the Town  Zoning Code re: SFLA

 



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