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HomeMy WebLinkAboutLL #03 2025 STATE OF-NEW PORK DEPARTMENT OF STATE ONE'COMMERCE PLAZA" KATHY HOCH.UL ,99 WASHINGTON AVENUE ;GovERrvoR ALBANY,NY 12231-0001 WALTER T. MOSLEY HT1PS:HDOS.NY.GOV SECRETARY OF'STATE. March 12, 2025 RECEIVED Jennifer M. Mudd MAR 2�2� Deputy Town Clerk 53095 Main Rd, PO Box 1179 . Southold, NY 1.1971 Southold Town Clerk RE: Town-of Southoldl . To Whom%it-May,Concern: Local Law 2 and 3'of the year 2025 was filed with this office"on 3/10/2025. The Department of-State Local Law Index Number 2 and 3 of the-year of 2025. The Local Law number assigned by the Department of State for indexing purposes may be different from the Local Law number ascribed.by the Legislative Body of the Local_ Government. Department"of State ' Division of State Records (518) 475=2492 Www.dos.ny.gov . `The Local Law.filing form has;been updated as of 03/05/2025 in compliance with Section 27 of.the Municipal Home Rule Law* Yo K Department„ STATE`. Of State' �W®����oQ �® DENIS NONCARROW Town Hall,53095 Main Road TOWN CLERK. P.O.Box 1179 44 REGISTRAR,OF VITAL STATISTICS ' «} .�' Southold,New York 11971 MARRIAGE OFFICER Fax(631)765-.6145 RECORDS MANAGEMENT OFFICER ���/ �^ Q� Telephone(631)765-1800 FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 6, 2025 Priority Mail Express Ed 617 270 272 US RE: Local Laws No.2 &3 of 2025 Town of Southold, Suffolk County New York State Department of State State Records & Law Bureau One Commerce Plaza 99 Washington Avenue Albany, NY 12231 Dear Sir/Madam: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith Local Laws No. 2 and 3 of 2025 of the Town of Southold, suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of this enclosure in your office. Thank you. Very truly yours, Jennifer M. Mudd Deputy Town Clerk Enclosures cc: Town Attorney l r � NEW YORK STATE DEPARTMENT OF STATE Division of Corporations,State Records and Uniform Commercial Code One Commerce Plaza,99 Washington Avenue Albany,NY 12231-0001 Local Law Filing (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ❑ County ❑ City El. Town of SOUTHOLD ❑ Village Local Law No. 3 of the year 2025. A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280 Zoning" Be it enacted the Town Board of the: ❑ County ❑ City Q Town of SOUTHOLD ❑ Village I. PURPOSE The purpose of this Local Law is to allow fees to be set by Town Board resolution II. AMENDMENT- The Southold Town Code is hereby amended by removing the struck through words and adding the underlined words as follows: § 280-13. Use regulations C.Accessory uses, limited to the following uses and subject to the condition listed in §280-15 herein: 9. Yard sales, attic sales, garage sales, auction sales or similar types of sales of personal property owned by the occupant of the premises and located thereon, subject to the following requirements: (d)A permit shall be obtained therefor from the Town Clerk,for a fee set by Town Board resolution. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided (If additional space is needed,attach pages the same size as this sheet,and number each.) DOS-239-f-1(Rev.04/14) 1 . 4 (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 3- of 2025 of the (Town) of SOUTHOLD was duly passed by the TOWN BOARD on March 4 , 2025, in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval,no disapproval or re-passage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as.local law No. of 20 of the(County)(City)(Town)(Village) of was duly passed by the on 20 , and was(approved)(not approved)(re-passed after disapproval)by the and was deemed duly adopted on 20 , in accordance with the.applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20. of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved)(repassed after disapproval)by the on 20 Such local law was submitted to the people by reason of a(mandatory)(permissive)referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the(general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (repassed after disapproval) by the on 20 Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county-wide basis or,If there be none,the chairperson of the county legislative body,the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. DOS-2394-1(Rev.04/14) 2 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the(special)(general) election held on 20 , became operative. 6. (County local law concerning'adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of-said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the on 'n 1 on file in this office and that the same is a correct transcript there from and of the whole of such original local la , an was finally opted in the manner indicated in paragraph 1 , above. Clerk of the County legislative body, City, Town or (Seal) Village Clerk or officer designated by local legislative body Denis Noncarrow,Town Clerk Date: March 6,2025 DOS-239-f-I(Rev.04/14) 3 /l5 FFQ1M'"c. RESOLUTION 2025-214 ADOPTED DOC ID: 21145 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2025-214 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 4,2025: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 41h day of February, 2025, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 280 Zoning," and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED-that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280 Zoning' which reads as follows: LOCAL LAW NO. 3 of 2025 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280 Zoning," BE IT ENACTED by the Town Board of the Town of Southold as follows: I. PURPOSE The purpose of this Local Law is,to allow fees to be set by Town Board resolution II. AMENDMENT -The Southold Town Code is hereby amended by removing the struck through words and adding the underlined words as follows: § 280-13. Use regulations C.Accessory uses, limited to the following uses and subject to the"condition listed in §280-15 herein: 9. Yard sales, attic sales, garage sales, auction sales or similar types of sales of personal property owned by the occupant of the premises and located thereon, subject to the following requirements: (d)A permit shall be obtained therefor from the Town Clerk upon the payment e fee 0 for a fee set by Town Board resolution. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid,the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided Resolution 2025-214 Board Meeting of March 4, 2025 by law. Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Councilperson SECONDER:Greg Doroski, Councilperson AYES: Mealy, Smith, Doherty, Evans, Doroski ABSENT: Albert J Krupski Jr Updated: 3/6/2025 9:13 AM by Lynda Rudder Page 2 SUMMARIES MARCH 4, 2025 RESOLUTION SUMMARY 2025-207 This resolution sets a public hearing to be held on April 15, 2025 at 7:00 PM at Southold Town Hall, 53095 Main Road, Southold, New York to consider a twelve-month extension of the Battery Energy Storage System (BESS) Moratorium, which is set to expire in April 2025. This extension is required for the Town to consider the recommendations of the NYS Inter-Agency Fire Safety Working Group's draft code, the Town's BESS Task Force in relation to the draft code and the Town's Zoning Consultant, all of which have not yet been completed. The full text of this proposed Local Law can be found on the Town's Website and posted on the Town Clerk's Bulletin Board. PUBLIC HEARING SUMMARY 2025-� L This purpose of this Public Hearing is to consider an amendment to Chapter 280 "Zoning", Article II "Districts", amending Section 280-9 "Lot recognition", by providing for lot recognition in the instance of a merger in accordance with Section 280-10, and by further clarifying that such recognition is unaffected by the failure of the merged lot to meet bulk requirements of the applicable zone. As written, the present Code is not interpreted as requiring a merger of adjoining lots held in the same name, where the resultant lot would still be deficient in lot area or lot frontage requirements. The proposed Code change would recognize and require merger in such an instance. The full text of the proposed Local Law is available for review on the Town's Website and posted on the Town Clerk's Bulletin Board. Motion to Adopt as a Type II action under SEQRA PUBLIC HEARING SUMMARY 2025-X�r ezt- r The purpose of this Public Hearing is to:consider an amendment to Chapter-280 "Zoning" by amending Section 280-13(C)(9)(d), to remove the fees for yard sales and similar types of activities, and to provide for the establishment of same by Town Board Resolution. The full text of the proposed Local Law is available for review on the Town's Website and posted on the Town Clerk's Bulletin Board. Motion To Adopt STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) Denis Nonearrow, Town Clerk of the Town of Southold,New York being duly sworn, says that on the 6th day of February,2025, a notice of which the annexed printed notice is a true copy was affixed, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County,New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold,New York and the Southold Town Website: www.southoldtoLAM.gov PH—3/4/2025 @ 4:30 PM: Ch. 280 Zo ing- rd S e es) D Non arrow Southold Town Clerk Sworn to before me on the 6th day of February, 2025 otary Public JENNIFER.M MUDD NOTARY PUBLIC,STATE OF NEW PORK Registration No.01MU6429053 Oualifled In Suffolk County My Commisslon Expires February 07,20_ ce74acf6 jennifer.mudd@town.southold.ny.us AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, County of,Suffolk County, The undersigned is the authorized designee of The Suffolk Times,a Weekly Newspaper published in Suffolk County, New York.I certify that the public notice,a printed copy of which is attached hereto,was printed and published in this newspaper on the following dates: 02/20/2025 This newspaper has been designated by the County Clerk of Suffolk County,as a newspaper of record in this county, and as such,is eligible to publish such notices. Signature Christina Henke Rea Printed Name Subscribed and sworn to before me, This 25 day of February 2025 Digitally signed DOUGLAS W REA by doug las w rea Notary Public-State of New York Date: 2025.02.25 NO.OIRE6398443 18:42:14 +00:00 Qualified in Albany County My Commission Expires Sep 30,2027 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 4th day of February, 2025, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 280 Zoning," and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 4th day of March, 2025 at 4:30 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280 Zoning," which reads as follows: LOCAL LAW NO. 2025 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280 Zoning," BE IT ENACTED by the Town Board of the Town of Southold as follows: I. PURPOSE The purpose of this Local Law is to allow fees to be set by Town Board resolution A complete copy of this proposed Local Law is available on the town website: www.southoldtownny.gov or at the Town Clerk's Office during normal business hours. DATED: FEBRUARY 4, 2025 BY ORDER OF THE TOWN BOARD DENIS NONCARROW, SOUTHOLD TOWN CLERK Invoice rMN, REVIEW MEDIA GROUP Invoice number 52D6E722-0017 Date of issue February 6,2025 Date due February 19,2025 Check payable to: Times Review Media Group Line count: 44 Times Review Newspapers Corp Bill to 7555 Main Road jennifer.mudd@town.southold.ny.us PO Box 1500 Mattituck, New York 11952 United States +1 631-298-3200 Ibazata@timesreview.com $63.43 USD due February 19, 2025 Lay online Confirmation Id:ce74acf6 Description Qty Unit price Amount Publication date:02/20/2025 1 $38.43 $38.43 QAC Affidavit 1 $25.00 $25.00 Subtotal $63.43 Total $63.43 Amount due $63.43 USD 52D6E722-0017 $63.43 USD due February 19,2025 Page 1 of 2 Check payable to:Times Review Media Group Click this link for Ad copy: https://gacmainstorage.blob.core.windows.net/notices/NY/The_Suffolk-Times/Suffolk-County/Publicnotice_ce74acf6.pdf Ad Text: LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of Southold, Suffolk County, New York,on the 4th day of February, 2025,a Local Law entitled'A Local Law in relation to an Amendment to Chapter 280 Zoning;'and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road,Southold, New York,on the 4th day of March, 2025 at 4 30 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, A Local Law in relation to an Amendment to Chapter 280 Zoning;'which reads as follows LOCAL LAW NO. 2025 A Local Law entitled,'A Local Law in relation to an Amendment to Chapter 280 Zoning;' BE IT ENACTED by the Town Board of the Town of Southold as follows I. PURPOSE The purpose of this Local Law is to allow fees to be set by Town Board resolution A complete copy of this proposed Local Law is available on the town website www.southoldtownny.gov or at the Town Clerk's Office during normal business hours. DATED FEBRUARY 4, 2025 BY ORDER OF'THE TOWN BOARD DENIS NONCARROW,SOUTHOLD TOWN CLERK 52D6E722-0017 $63.43 USD due February 19,2025 Page 2 of 2 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 4th day of February, 2025, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 280 Zoning," and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 4th day of March, 2025 at 4:30 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280 Zoning," which reads as follows: LOCAL LAW NO. 2025 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280 Zoning," BE IT ENACTED by the Town Board of the Town of Southold as follows: I. PURPOSE The purpose of this Local Law is to allow fees to be set by Town Board resolution A complete copy of this proposed Local Law is available on the town website: www.southoldtownny.go_v or at the Town Clerk's Office during normal business hours. DATED: FEBRUARY 4, 2025 BY ORDER OF THE TOWN BOARD DENIS NONCARROW, SOUTHOLD TOWN CLERK LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 41h day of February, 2025, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 280 Zoning," and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 4th day of March,2025 at 4:30 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280 Zoning," which reads as follows: LOCAL LAW NO. 2025 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280 Zoning," BE IT ENACTED by the Town Board of the Town of Southold as follows: I. PURPOSE The purpose of this Local Law is to allow fees to be set by Town Board resolution II. AMENDMENT- The Southold Town Code is hereby amended by removing the struck through words and adding the underlined words as follows: § 280-13. Use regulations. C.Accessory uses, limited to the following uses and subject to the condition listed in §280-15 herein: 9. Yard sales, attic sales, garage sales, auction sales or similar types of sales of personal property owned by the occupant of the premises and located thereon, subject to the following requirements: (d)A permit shall be obtained therefor from the Town Clerk"o the payment of f for a fee set by Town Board resolution. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid; the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. DATED: FEBRUARY 4, 2025 BY ORDER OF THE TOWN BOARD DENIS NONCARROW, SOUTHOLD TOWN CLERK Ali`qq� RESOLUTION 2025-134 OG2a 4 ADOPTED DOC ID: 21069 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2025-134 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 4,2025: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 41h day of February, 2025, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 280 Zoning," and RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 4" day of March, 2025 at 4:30 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280 Zoning," which reads as follows: LOCAL LAW NO. 2025 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280 Zoning," BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this Local Law is to allow fees to be set by Town Board resolution II. Amendment-The Southold Town Code is hereby amended by removing the struck through words and adding the underlined words as follows: § 280-13. Use regulations. C.Accessory uses, limited to the following uses and subject to the condition listed in §280-15 herein: 9. Yard sales, attic sales, garage sales, auction sales or similar types of sales of personal property owned by the occupant of the premises and located thereon, subject to the following requirements: (d)A permit shall be obtained therefor from the Town Clerk upon the payment e a fee 0 for a fee set by Town Board resolution. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Resolution 2025-134 Board Meeting of February 4, 2025 IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Brian O. Mealy, Councilperson SECONDER:Louisa P. Evans, Councilperson AYES: Mealy, Smith, Doherty, Evans, Doroski, Krupski Jr Updated: 1/29/2025 9:41 AM by Sabrina Born Page 2