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HomeMy WebLinkAboutLL 2011 #06Customer Copy Label 11 -F, April 2CO4 390736616 US  EXPRESS M-~-L UNITED ST~TES POST~L SERVlCE® FROM: ~1~ ,.o. E1631 ~65-1800 TOWN OF SOUTHOL[> PO BOX 1179 SOUTHOLD NY 11971-09S9 r ,%~s. Linda Lasch, Principal Clerk New York State Dept o[ State State REcords ~ Law Bureau One Commerce Plaza 99 Webhir~gton Avenue Albar~y, NY 12231 April 27, 2011 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on May 24, 2011: 4:32 PM -."A Local Law in relation to Amendments to Chapter 277, wind Energy, and Chapter 2~0, Zoning, in connection with Small Wind Energy Systems and Accessory Apartments" Please sign a duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Attachments cc: ~5~iffolk County Department of Planning Willage of Greenport EmailyqOuthold Town Planning Board I~cvd '~[~/ Southold Town Building Department Town of Riverhead Elizabeth A. Neville Town Clerk Island State Park Commission ~8~'outhold Town Board of Appeals t3g6wn of Shelter Island i./mwn of Southampton Signature, Received By Please print name Date: Title: PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fmx (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 27, 2011 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARING on the proposed Local Law listed below on May 24, 2011: 4:32 PM -."A Local Law in relation to Amendments to Chapter 277, wind Energy, and Chapter 2~0, Zoning, in connection with Small Wind Energy Systems and Accessory Apartments" Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Elizabeth A. Neville Town Clerk Long Island State Park Commission Email: Town of Riverhead Town of Southampton Southold Town Planning Board Town of Shelter Island Southold Town Building Department Southold Town Board of Appeals Signature, Received By Please print name Date: Title: PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK RESOLUTION 2011-348 ADOPTED DOC ID: 6838 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-348 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 26, 2011: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 26th day of April, 2011, a Local Law entitled "A Local Law in relation to Amendments to Chapter 277~ Wind Energy~ and Chapter 280~ Zoning~ in connection with Small Wind Energy Systems and Accessory Apartments" and RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 24th day of May, 2011 at 4:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 277~ Wind Energy, and Chapter 280, Zoning, in connection with Small Wind Energy Systems and Accessory Apartments" reads as follows: LOCAL LAW NO. 2011 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 277~ Wind Ener~v, and Chapter 280~ Zoning~ in connection with Small Wind Energy Systems and Accessory Apartments". BE IT ENACTED by the Town Bgard of the Town of Southold as follows: I. Purpose. The Town Board of the Town of Southold has reviewed the definition of small wind energy systmn in Chapter 277 and Chapter 280 and has determined that the kilowatt requirement is too restrictive and requires revision. Additionally, the Town Board is clarifying its intent in §280- 13(B)(13)(f) to allow for the conversion of an accessory structure in its entirety to an accessory apartment so long as the remaining criteria in §280-13(B)(13) are met. II. Chapter 277 of the Code of the Town of Southold is hereby amended as follows: § 277-1. Definitions. SMALL WIND ENERGY SYSTEM -- A wind energy conversion system consisting of a wind turbine (not to exceed g4 125 kilowatts of production), a tower, and associated control or conversion electronics, which has a rated capacity intended primarily to reduce on-site Resolution 2011-348 consumption of utility power. Board Meeting of April 26, 2011 IlL Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. SMALL WIND ENERGY SYSTEM -- A wind energy conversion system consisting of a wind turbine (not to exceed g-5 125 kilowatts of production), a tower, and associated control or conversion electronics, which has a rated capacity intended primarily to reduce on-site consumption of utility power. [Added 7-17-2007 by L.L. No. 15-2007] §280-13. Use regulations. [Amended 3-14-1989 by L.L. No. 3-1989] In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for the uses set forth in Subsections B(1, 13, & 14) hereof, are subject to site plan approval by the Planning Board: [Amended 12-21-1993 by L.L. No. 27-1993] (13) One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, subject to the following requirements: (0 The accessory structure which is converted, in whole or in part, to permit an accessory apartment shall be in existence and be eligible for or have a valid certificate of occupancy issued prior to January 1, 2008. IV. 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. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS[ MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Updated: 4/26/2011 2:58 PM by Lynda Rudder Page 2 EM 527782106 US ~ EXPRESS MAlL Customer Copy , ~/vl/C~ /..,~ Flat Rate [] or W;Ight [] 2r~ Oay TOWN OF SOUTHC~LD PO BOX $OUTHOLD ANDREW M. CUOMO GOVERNOR STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA 99WASHINGTON AVENUE ALBANY, NY 12231-0001 CESAR A. PERALES SECRETARY OF STATE June 13, 2011 RECEIVED Lynda M Rudder Deputy Town Clerk Town Hall, 53095 Main Road PO Box 1179 Southold NY 11971 JUN 1 6 Southold Town Cler~ RE: Town of Southold, Local Law 6 2011, filed on June 13, 2011 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from out website, www.dos.state.ny.us. Sincerely, State Records and Law Bureau (518) 474-2755 WW~N.DOS.STATE.NY.US E-MA[L: INFO,DOS.STATE.NY. US SOUTHOLD TOWN BOARD PUBLIC HEARING May 24, 2011 4:32 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Albert Krupski, Jr. Councilman William Ruland Councilman Vincent Orlando Councilman Christopher Talbot Town Clerk Elizabeth Neville Town Attorney Martin Finnegan This heating was opened at 5:08 PM COUNCILMAN TALBOT: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 26th day of April, 2011, a Local Law entitled "A Local Law in relation to Amendments to Chapter 277~ Wind Energy~ and Chapter 280~ Zoninll~ in connection with Small Wind Energy Systems and Accessory Apartments" and RESOLVED that the Town Board of the Town of Southold will hold a public heating on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 24th day of May, 2011 at 4:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 277~ Wind Energy~ and Chapter 280~ Zonin~ in connection with Small Wind Energy Systems and Accessory Apartments" reads as follows: LOCAL LAW NO. 2011 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 277~ Wind Energy, and Chapter 280, Zoningn in connection with Small Wind Energy Systems and Accessory Apartments". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board of the Town of Southold has reviewed the definition of small wind energy system in Chapter 277 and Chapter 280 and has determined that the kilowatt requirement is too restrictive and requires revision. Additionally, the Town Board is Public Hearing on Amendments to Chapters 277 and 280 May 24, 2011 clarifying its intent in §280-13(B)(13)(f) to allow for the conversion of an accessory structure in its entirety to an accessory apartment so long as the remaining criteria in §280-13(B)(13) are met. 2 II. Chapter 277 of the Code of the Town of Southold is hereby mended as follows: § 277-1. Del'tuitions. SMALL WIND ENERGY SYSTEM -- A wind energy conversion system consisting of a wind turbine (not to exceed ~5 125 kilowatts of production), a tower, and associated control or conversion electronics, which has a rated capacity intended primarily to reduce on-site consumption of utility power. Ill. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. SMALL WIND ENERGY SYSTEM -- A wind energy conversion system consisting of a wind turbine (not to exceed -3-5 125 kilowatts of production), a tower, and associated control or conversion electronics, which has a rated capacity intended primarily to reduce on-site consumption of utility power. [Added 7-17-2007 by L.L. No. 15-2007] §280-13. Use regulations. [Amended 3-14-1989 by L.L. No. 3-1989] In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part ora building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinat'ter provided, and, except for the uses set forth in Subsections B(1, 13, & 14) hereof, are subject to site plan approval by the Planning Board: [Amended 12-21-1993 by L.L. No. 27-1993] (13) One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, subject to the following requirements: ( 0 The accessory structure which is converted, in whole or in part, to permit an accessory apartment shall be in existence and be eligible for or have a valid certificate of occupancy issued prior to January 1, 2008. IV. 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. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as Public Hearing on Amendments to Chapters 277 and 280 3 May 24, 2011 provided by law. I have a notice that it was posted on the Town Clerk's bulletin board on April 27, that it was printed in the Suffolk Times on May 17 and we have a couple of letters here. One is from Martin Sidor, chairman of the Planning Board. "Thank you for the opportunity to provide comments on the proposed amendments to the town code referenced above. The Planning Board has reviewed the proposed amendments to Chapter 277 to allow for larger wind turbines and supports this change. We have also reviewed the proposed changes to Chapter 280 to clarify accessory apartments in accessory structures and supports that amendment as well." From Jennifer Andolaro, the Assistant Town Attorney "The proposed action has been reviewed to New York State Department of Environmental Conservation regulation 6 NYCRR part 617 as was referenced by Councilman Krupski, that is in consultation with Principal Planner Mark Terry, the action as proposed is a Type II action, therefore not subject to SEQRA review" and a letter from Andrew Freleng, Chief Planner Suffolk County, "Pursuant to the requirements of Section A 14-14 through A 14-25 of the Suffolk County Administrative Code, the above referenced application which has been submitted to Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant countywide or intercommunity impact. A decision of local determination shall not be construed as either an approval or a disapproval." One more, "The proposed local law has been reviewed to Chapter 268, Waterfront Consistency Review of the Southold Town Code and the LWRP policy standards. Based upon the information provided to this department as well as the records available to me, it is my recommendation that the proposed action is consistent with the LWRP policy standards and therefore is consistent with the LWRP. Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action." And I think that may be it. Yes, that is it. SUPERVISOR RUSSELL: Would anybody like to comment on this particular proposed local law? Mr. Wills? FRANK WILLS: Good afternoon, my name is Frank Wills, I live in Mattituck. Aside from that, I am a member of the Renewable and Alternate Energy Commission of the town committee. The Town. We had quite a discussion about, this is the wind turbines, and if my recollection is correct, the limit that is under those discussions was 100 kilowatts. I am surprised to see now that it has been raised to 125. Maybe I am wrong but part of my memory still works. But I was wondering how come? COUNCILMAN TALBOT: Well, at the initial outset, it did come out as 100 and then we had discussed it and it went back to you guys and it was raised to 125. SUPERVISOR RUSSELL: I think what happened is there was an understanding that may or may not have been correct, that Riverhead's was at 125, so we wanted to be consistent and go to 125. to be candid, the machines are at 100, then they will go larger. I don't think the 100 versus the 125 matters much in terms of what is at the current market. You could probably correct me if I am wrong but 100 seems to be the sweet spot Public Hearing on Amendments to Chapters 277 and 280 4 May 24, 2011 in terms of economic viability for these. So as long as we are covering what the needs of the local industry are. COUNCILMAN KRUPSKI: And we didn't want the town to be the one to limit the energy production. MR. WILLS: Okay. SUPERVISOR RUSSELL: Would anybody else like to comment on this particular local law? (No response) This hearing was closed at 5:13 PM Southold Town Clerk RESOLUTION 2011-348 ADOPTED DOC ID: 6838 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-348 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 26, 2011: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 26th day of April, 2011, a Local Law entitled "A Local Law in relation to Amendments to Chapter 277~ Wind Energy~ and Chapter 280. Zoning,. in connection with Small Wind Energy Systems and Accessory Apartments" and RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 24th day of May, 2011 at 4:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 277~ Wind Energy~ and Chapter 280~ Zoning~ in connection with Small Wind Energy Systems and Accessory Apartments" reads as follows: LOCAL LAW NO. 2011 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 277~ Wind Energy~ and Chapter 280~ Zoninll~ in connection with Small Wind Energy Systems and Accessory Apartments". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board of the Town of Southold has reviewed the definition of small wind energy system in Chapter 277 and Chapter 280 and has determined that the kilowatt requirement is too restrictive and requires revision. Additionally, the Town Board is clarifying its intent in §280- 13(B)(13)(f) to allow for the conversion of an accessory structure in its entirety to an accessory apartment so long as the remaining criteria in §280-13(B)(13) are met. lI. Chapter 277 of the Code of the Town of Southold is hereby amended as follows: § 277-1. Def'mitions. SMALL WIND ENERGY SYSTEM -- A wind energy conversion system consisting of a wind turbine (not to exceed -2-5 125 kilowatts of production), a tower, and associated control or conversion electronics, which has a rated capacity intended primarily to reduce on-site Resol~ution 2011-348 consumption of utility power. Board Meeting of April 26, 2011 III. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Def'mifions. SMALL WIND ENERGY SYSTEM -- A wind energy conversion system consisting of a wind turbine (not to exceed -2-5 125 kilowatts of production), a tower, and associated control or conversion electronics, which has a rated capacity intended primarily to reduce on-site consumption of utility power. [Added 7-17-2007 by L.L. No. 15-2007] §280-13. Use regulations. [Amended 3-14-1989 by L.L. No. 3-1989] In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part ora building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for the uses set forth in Subsections B(1, 13, & 14) hereof, are subject to site plan approval by the Planning Board: [Amended 12-21-1993 by L.L. No. 27-1993] (13) One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, subject to the following requirements: (0 The accessory structure which is converted, in whole or in part, to permit an accessory apartment shall be in existence and be eligible for or have a valid certificate of occupancy issued prior to January 1, 2008. IV. 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. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Updated: 4/26/2011 2:58 PM by Lynda Rudder Page 2 "~,esol'ution 2011-348 Board Meeting of April 26, 2011 Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED IUNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Updated: 4/26/2011 2:58 PM by Lynda Rudder Page 3 RESOLUTION 2011-349 ADOPTED DOC ID: 6839 THIS 1S TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-349 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 26, 2011: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to forward the proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 277, Wind Ener~,V, and Chal~ter 280, Znnlno. in connection with Small Wind Enerk~Y Systems and Accessory. Apartments" to the Suffolk Count. PInnnin~ Commission and the Southold Town Planning Board for their review and recommendation. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 9, 2011 Express Mail EM527782106US Local Law No. 6 of 2011 Town of Southold, Suffolk County Ms. Linda Lasch Principal Clerk New York State Department of State State Records & Law Bureau One Commerce Plaza 99 Washington Avenue Albany, NY 12231-001 Dear Ms. Lasch: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copy of Local Law No. 6 of 2011 of the Town of Southold, suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. Very truly yours, Lynda M Rudder Deputy Town Clerk Enclosures cc: Town Attorney Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANYI NY 122.~1 (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. tn County rn City [] Town of [] Village SOUTHOLD Local Law No. 6 of the year 2011. A Local Law entitled, A Local Law in relation to Amendments to Chapter 277, Wind Energy, and Chapter 280, Zoning, in connection with Small Wind Energy Systems and Accessory Apartments Be it enacted the Town Board of the: rn County [] City [] Town of rn Village SOUTHOLD I. Purpose. The Town Board of the Town of Southold has reviewed the definition of small wind energy system in Chapter 277 and Chapter 280 and has determined that the kilowatt requirement is too restrictive and requires revision. Additionally, the Town Board is clarifying its intent in §280-13(B)(13)(f) to allow for the conversion of an accessory structure in its entirety to an accessory apartment so long as the remaining criteria in §280-13(B)(13) are met. II. Chapter 277 of the Code of the Town of Southold is hereby amended as follows: § 277-1. Definitions. SMALL WIND ENERGY SYSTEM -- A wind energy conversion system consisting of a wind turbine (not to exceed 2-~ 125 kilowatts of production), a tower, and associated control or conversion electronics, which has a rated capacity intended primarily to reduce on-site consumption of utility power. III. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev.05/05) SMALL W1ND ENERGY SYSTEM -- A wind energy conversion system consisting of a wind turbine (not to exceed 125 kilowatts of production), a tower, and associated control or conversion electronics, which has a rated capacity intended primarily to reduce on-site consumption of utility power. [Added 7-17-2007 by L.L. No. 15-2007] §280-13. Use regulations. [Amended 3-14-1989 by L.L. No. 3-1989] In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part ora building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for the uses set forth in Subsections B(1, 13, & 14) hereof, are subject to site plan approval by the Planning Board: [Amended 12-21-1993 by L.L. No. 27-1993] (13) One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, subject to the following requirements: (f) The accessory structure which is converted, in whole or in part, to permit an accessory apartment shall be in existence and be eligible for or have a valid certificate of occupancy issued prior to January 1, 2008. IV. 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. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. (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. 6 of 20 11 . of the (Cz::n.~')(C:..~')(Town) (..g~qag~) of SOUTHOLD was duly passed by the TOWN BOARD on May 24 ,20 11 ~ 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 approvedXre-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 ofa (mandato~y)(permissive) referendum, and received the affirmative vote ora 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 (approvedXnot approved) (repassed after disapproval) by the on 20__ Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide basis or, If there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 5. (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 ora majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript there from and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. Clerk ofl~e Co~ty legislative body. City. Town or (Seal) Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk Date: Jnne ?~ 2011 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK l, the undersigned, hereby certify that the foregoing local law con--text and that all proper proceedings have been had or taken for the enactment of the local law annexe~.~) Signature ~ Martin D. Finnegan, Town Attorney Jennifer Andaloro~ Esq. Assistant Town Attorney Title Town of SOUTHOLD V:.'. '.:.g e Date: June 7~ 2011 wnBoard - Letter RESOLUTION 2011-415 ADOPTED Board Meeting of May 24, 2011 Item # 5.41 DOC ID: 6888 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-415 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 24, 2011: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 26th day of April, 2011, a Local Law entitled "A Local Law in relation to Amendments to Chapter 277~ Wind Energy~ and Chapter 280~ Zonin~ in connection with Small Wind Energy Systems and Accessory Apartments" 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 Amendments to Chapter 277~ Wind Energy~ and Chapter 280~ Zoning~ in connection with Small Wind Energy Systems and Accessory Apartments" which reads as follows: LOCAL LAW NO. 6 of 2011 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 277~ Wind Energy~ and Chapter 280~ Zoning~ in connection with Small Wind Energy Systems and Accessory Apartments". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board of the Town of Southold has reviewed the definition of small wind energy system in Chapter 277 and Chapter 280 and has determined that the kilowatt requirement is too restrictive and requires revision. Additionally, the Town Board is clarifying its intent in §280- 13(B)(13)(0 to allow for the conversion of an accessory structure in its entirety to an accessory apartment so long as the remaining criteria in §280-13(B)(13) are met. II. Chapter 277 of the Code of the Town of Southold is hereby amended as follows: § 277-1. Definitions. SMALL WIND ENERGY SYSTEM -- A wind energy conversion system consisting of a wind turbine (not to exceed 35 125 kilowatts of production), a tower, and associated control or conversion electronics, which has a rated capacity intended primarily to reduce on-site Gener~edJune 3, 2011 Page 68 w~ Board - Letter consumption of utility power. Board Meeting of May 24, 2011 III. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: {}280-4. Definitions. SMALL WIND ENERGY SYSTEM -- A wind energy conversion system consisting of a wind turbine (not to exceed -2-5 125 kilowatts of production), a tower, and associated control or conversion electronics, which has a rated capacity intended primarily to reduce on-site consumption of utility power. [Added 7-17-2007 by L.L. No. 15-2007] §280-13. Use regulations. [Amended 3-14-1989 by L.L. No. 3-1989] In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for the uses set forth in Subsections B(1, 13, & 14) hereof, are subject to site plan approval by the Planning Board: [Amended 12-21-1993 by L.L. No. 27-1993] (13) One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, subject to the following requirements: (f) The accessory structure which is converted, in whole or in part, to permit an accessory apartment shall be in existence and be eligible for or have a valid certificate of occupancy issued prior to January 1, 2008. IV. 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. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Generated June 3,2011 Page 69 ~wn Board - Letter RESOLUTION 2011-414 ADOPTED Board Meeting of May 24, 2011 Item # 5.40 Doc ID: 6887 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-414 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 24, 2011: RESOLVED that the Town Board of the Town of Southold hereby finds that the adoption of the local law entitled "A Local Law in relation to Amendments to Chapter 277~ Wind Energ~ and Chapter 280~ Zoning~ in connection with Small Wind Energy Systems and Accessory Apartments" is classified as a Type II Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617.5, and is not subject to review under SEQRA. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANTMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Generated June 3,2011 Page 67 AY. ~ 0 PL~q!~ D~PT COUNTY Of SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE tYU, 011 I, .I,AGE DEPARTMENT OF PLANNING SARAH LANSDALE. AICP DireCtor of Planning Town of Southold PO Box 1179 $outhold, New York 11935 At~: Ms. Elizabeth A. Neville, Clerk Applicant: Zoning A,~ion: Dear Ms. Neville: P~blic Hea~ing Date.: Resolution No,: S.C.P.D. File No.: May 20, 2011 Town o£ Southold Amendme~lt Chapter 277, "W~d ~n~' Chap~ 20g "~' ~ co~o~ ~ S~ Win~ En~ Syst~ ~d ~c~so~ Ap~ ~ the To~ of Sou~old ~ 24, 2011 ~2011-34g SD- 11 -~ Pursuant to the requirements of Sections A14-14 thru A14-25 of the Suffolk Cmm.ty Administrative Code, the above referenced application which has been submitted to the Suffolk County Planr~ing Commission/s considered to be a matter for Local Determination as there is no apparent significant couuty wide or hater-community impact. A decision of Local Determination should not be construed ~s either an approval or disapproval. Vea7 tn.fly yours, Sarah Lansd~le Director of Pl~zm~ng Chief Plmmer APF:ds LOCATION H, LEE DENN;$ON BLD~, =4TH Fi..OOR 100 vETERANS ME~JOR[,a~ HII~'HWA¥ HAUPPAuGE, NY 11788,q~99 (831) 853-5191 ]'ELF:COPIER (831) 853-4044 LL - AMENDMENT TO CHAPTERS 277 & 280 AS IT RELATES TO SMALL WIND ENERGY SYSTEMS AND ACCESSORY APARTMENTS SUMMARY OF PROPOSED CHANGES THE PROPOSED LOCAL LAW THAT IS THE SUBJECT OF THIS EVENING'S PUBLIC HEARING AMENDS THE DEFINITION OF SMALL WIND ENERGY SYSTEMS IN CHAPTER 277 ENTITLED "WIND ENERGY" AND CHAPTER 280 ENTITLED "ZONING" TO PERMIT WIND TURBINES WITH A PRODUCTION CAPACITY OF UP TO 125 KILOWA'I-rS. IN ADDITION, CHAPTER 280 IS BEING AMENDED TO CLARIFY THAT AN ACCESSORY STRUCTURE CAN BE CONVERTED, IN WHOLE OR IN PART, TO AN ACCESSORY APARTMENT. THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE. DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE May 20, 2011 RECEIVED MAY 31 Soulhold Town Clerk SARAH LANSDALE, AICP Director of Planning Town of Southold PO Box 1179 Southold, New York 11935 Att: Ms. Elizabeth A. Neville, Clerk Applicant: Zoning Action: Dear Ms. Neville: Public Hearing Date.: Resolution No.: S.C.P.D. File No.: Town of Southold Amendment Chapter 277, "Wind Energy" and Chapter 208 "Zoning" in connection with Small Wind Energy Systems and Accessory Apartments in the Town of Southold May 24, 2011 #2011-348 SD- 11-LD Pursuant to the requirements of Sections A14-14 thru A14-25 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for Local Determination as there is no apparent significant county wide or inter-community impact. A decision of Local Determination should not be construed as either an approval or disapproval. Very truly yours, Sarah Lansdale Director of Planning Chief Planner APF:ds LOCATION H. LEE DENNISON BLDG. - 4TH FLOOR 100 VETERANS MEMORIAL HIGHWAY MAILING ADDRESS P. O. BOX 6100 HAUPPAUGE, NY 11788-0099 (631) 653-5191 TELECOPIER (631) 8534044 10227 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), successively, commencing on the 12th dayofMay, 2011. Principal Clerk Sworn to before me this Wli~REAS, the~ has been pre- sented to the To~m Board of the Town of Southold, Suffolk County, New York, m ~ ~2fith day of April, ~011, a Local ~ aim A~o~y Apas~me~s" and BESOLVEI) that the Town Board of the T~ of Southold ~ hold a pul> lic hearing on the aforesaid Local Law at th~ South0ld Town Hall 53095 Main Road, Southold~ New York, on the 24th day M' May, 2011 al 4~2 pan. at which time ail interested persons will be given an (~ortunity to be heard. T~e proposed Local Law entitled, "A intent in §2~0-13~B)(13)(f) to allow for ~.3(BX13) am of Somhold is h~mby sisfing of a wind turbine~(im/tO exceed ~ 12~ kil6watts o~, production), a tower. consumpfi~l;of u~ ~owe~. [Added . ?-1%2807 by LL. No. i5-2007] 3-14-19~) by LL No. 3-1989] ~mllamt ~o~bin~n~ or par~ of a buad- be ~ m altered which is arranged, intended or a~.-~ 4 to be lowing use~.~ar, e punaitted as ~lion by the Board of Appeals, as uses set forth in Subsecaoas B(L L3, & 14) here0f~ a~ 8ubj~R tp sit~ ap~ e~ 12-21:1993 by L.L No. 27]l~] ' (13) One aCCessory apartment in a rage, bare o; storage ~b~eet to the follo~g requite~nts. converted~ to ~i'mit Jammry 1,2008. ~e.adjudged by any court 0f competem jurisdiction tO be invalid, th~ judgment the part so decid~ to be al or invalid. day of /'~ ~"~ 2011. NOTAR~Y PUBLIC-STATE OF NEW YORK No, 01.VO6105050 Quoi/fled In SUffolk County Sworn to before me this WHEREAS, there has been pre- ~ t~e ~6th day of April, 2011, a LOon] lic hearJag on the aforesaid Local Law ~Pae proposed Local Law entitled, ~A ~lll~l~_rea~ as follows: intent in §280-1~B)(13)(0 to allow for so ~ IlS the fe~*inin~ o'iteri~ i~ §2~0- 13(B)(13) are met. §280-4. I)~ 7-17-2007 by L.L. No. 15-2007] §280-13. Use re~lallom. [Amended ?ed alld no building or part of a build. exc6pt lhe followil~ exception by the Board of Appea~ as proval by the ~ Boardi [Amend- IV. SEVERA~LITy be adjudged by any court of competent jurisdic~on to be invalid, the judgment mediale!y upon fillnE with (lle Secretary ' of State as provided by hw. THE TOWN BOARD Principal Clerk ~ -'~ day of f'~f~/ 2011. NOTARy PUBLIC-STATE OF NEW YORK No. 01 -V06105050 Quailfle~ In Suffolk County LL - AMENDMENT TO CHAPTERS 277 & 280 AS IT RELATES TO SMALL WIND ENERGY SYSTEMS AND ACCESSORY APARTMENTS SUMMARY OF PROPOSED CHANGES THE PROPOSED LOCAL LAW THAT IS THE SUBJECT OF THIS EVENING'S PUBLIC HEARING AMENDS THE DEFINITION OF SMALL WIND ENERGY SYSTEMS IN CHAPTER 277 ENTITLED '~/VIND ENERGY" AND CHAPTER 280 ENTITLED "ZONING" TO PERMIT WIND TURBINES WITH A PRODUCTION CAPACITY OF UP TO 125 KILOWATTS. IN ADDITION, CHAPTER 280 IS BEING AMENDED TO CLARIFY THAT AN ACCESSORY STRUCTURE CAN BE CONVERTED, IN WHOLE OR IN PART, TO AN ACCESSORY APARTMENT. THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE. PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSKI PLANNING BOAI{D OFFICE TOWN OF SOUTHOLD MEMORANDUM MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 RECEIVED MAY 2 3 201 To: From: Date: Re: Town Clerl~ Elizabeth Neville, Town Clerk Martin Sidor, Chairman, Planning Board May 23, 2011 Proposed Amendment to Chapter 277, Wind Ener,qy and Chapter 280 Zonin.q in connection with Small Wind Ener,qy Systems & Accessory Apartments Thank you for the opportunity to provide comments on the proposed amendment to the Town Code referenced above. The Planning Board has reviewed the proposed amendment to Chapter 277 to allow for larger wind turbines and supports this change. We have also reviewed the proposed changes to Chapter 280 to clarify accessory apartments in accessory structures and supports that amendment as well. cc: Town Board Town Attorney OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD RECEIVED MEMORANDUM ~AY 2 4 2011 $oulflold Town Clerk To: Supervisor Scott Russell Town of Southold Town Board From: Mark Terry, Principal Planner LWRP Coordinator Date: May 23, 2011 Re: "A Local Law in relation to Amendments to Chapter 277, Wind Energy, and Chapter 280, Zoning, in connection with Small Wind Energy Systems and Accessory Apartments" The proposed local law has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided to this department as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the LWRP Policy Standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its wdtten determination regarding the consistency of the proposed action. Cc: Martin Finnegan, Town Attorney Jennifer Andaloro, Assistant Town Attorney MAY, 24, 2011" 9:46AM ~TI~ D, FIN~EGA~ TOWN ATTOI~NEY mar tJn.finnegan@t owmsouthol& ny.~zs ~ER ~ORO ~T~T TO~ ATTO~ je~fer.~oro~o~.~uthold.ny.~ ~~E ~SI~T T0~ A~ORN~ ~o~-~to~.~ou~ol~ny.~ NO, ~07 P, 1 SCOTT 2~. RUSSELL Superb/sm- Town Hall Anuex~ 54375 ~u~ 25 P.O. Bo~ 1179 Sou~ol~ N~ York 11971-0959 T~ephone (631) 7~1939 F~e (631) 7~-6639 OFFICE OF TFIE TOWN ATTOP~IEY TOWN OF SOUTHOLD RECEIVED MAY 2 4 2011 To: FroFn: Date: Subject: MEMORANDUM Hon. Scott A, Russell, Supervisor Members of the Town Board Jennifer Andaloro, Assistant Town Attorney May 24, 2011 A Local Law in relation to Amendments to Chapter 277, Wind Energy, and Chapter 280, Zoning, in connection with Small Wind Energy Systems and Accessory Apartments Sou/hold Town Clerk The proposed action has been reviewed to New York State Department of Environmental Conservation regulation 6 NYCRR Part 617 State Environmental QualK~y Review and it is my determination, in consultation with Principal Planner, Mark Terry, that pursuant to Part 617.5(27), the action, as proposed, is a Type II action and therefore not subject to SEQRA review, JA/Ik cc: Ms. Elizabeth A. Neville, Town Clerk Mr. Mark Terry, Principal Planner Neville, Elizabeth From: Sent: To: Subject: Cooper, Linda Monday, May 23, 2011 1:33 PM Beltz, Phillip; Neville, Elizabeth; Woodhull, Ruthanne; Al Krupski (alkrupskitown@yahoo.com); Chris Talbot (christptal@yahoo.com); Louisa Evans (Ipevans@fishersisland.net); Russell, Scott; V Orlando (vincent.orlando@town.southold.ny.us); W. Ruland (rulandfarm@yahoo.com); Andaloro, Jennifer; Finnegan, Martin; Hulse, Lori; Krauza, Lynne Chapter 277 Wind Energy Mayl_2011 MEMORANDUM To: From: Date: Chapter Elizabeth Neville, Town Clerk Martin Sidor, Chairman, Planning Board May 23, 2011 Proposed Amendment to Chapter 277, Wind Ener,q¥ and 280 Zoning in connection with Small Wind Energy Systems Accessory Apartments Thank you for the opportunity to provide comments on the proposed amendment to the Town Code referenced above. The Planning Board has reviewed the proposed amendment to Chapter 277 to allow for larger wind turbines and supports this change. We have also reviewed the proposed changes to Chapter 280 to clarify accessory apartments in accessory structures and supports that amendment as well. CC: Town Boa~ Town AEorney : ~MAY, 24,201f-1:36PM ~ C PL4NING DEPT COUNTY Of SUFFOLK STEVE LEv~ SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING SARAH LANSDALE, AICP DireCtar of Plallning Town of 8outhold PO Box 1179 Southold, New York 11935 Atl; Ms. Elizabeth A, Neville, Clerk De~ M~. Neville: Applicant: Zoning A~o~: Pablic Hea~ing Date.: Kesolution No,: S.C.P.D. File No.: May20,2011 HAY 2 2011 'l-ow~ o1~ $outhold ,Amendment Chapter 277, "Wind ]~nergy" aud Chap~r 208 "Zoning" hi colmect/oll with Small Wind Energy 8yste~ and Acc~sory Apartme~lts in the Town of $ outhold May 24, 2011 ~2011-34~ SD- 11 -ID Puramat to the requirements of Section~ A14-14 thru A14-25 of the St~ffolk County Administrative Code, the above reft=riced application which has b~..n submit~d to the Suffolk County Planning Commission is considered to be a maUer for Local Determination as there is no ~pparent significant county v, dde or inter-com,uluriity impacm. A decision of Local Demrmination should not be eonstraed as elf. her au approval or disapproval. APP:ds Very truly yours, S arab Lansdale Director o£Plauuing Andrew p. FrelF~j Chief Plarmer LOCATION MAILING ADDRESS H, UiE DENNISON BLD~, -4TH FLOD[~ P.O. BO~ 6~00 (~31) loo VETERANS MEMORIAL HIGHWAy HAUPPAUGE, NY 1'1788~099 TEI.~COPIER (63t) ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor th fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 27, 2011 Re: Resolution Number 2011-348"A Local Law in Relation to Amendments to Chapter 277, Wind Energy, and Chapter 280, Zoning, in connection with Small Wind Energy Systems and Accessory Apartments in the Town of Southold. Martin Sidor, Chairman Southold Town Planning Board Southold Town Hall 53095 Main Road Post Office Box 1179 Southold, New York 11971 Dear Mr. Sidor: The Southold Town Board at their regular meeting held on April 26, 2011 adopted the resolution referenced above. A certified copy is enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law is also being sent to the Suffolk County Department of Planning for their review. The date and time for this public hearing is 4:32P.M., Tuesday, May 24, 201 I. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, Southold Town Clerk Enclosure cc: Town Board ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 27, 2011 Re: Resolution Number 2011-348"A Local Law in Relation to Amendments to Chapter 277, Wind Energy and Chapter 280, Zoning, in connection with Small Wind Energy Systems and Accessory Apartments in the Town of Southold. Andrew P. Freleng, Chief Planner Suffolk County Department of Planning Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Freleng: The Southold Town Board at their regular meeting held on April 27, 2011 adopted the resolution referenced above. A certified copy is enclosed. Please prepare an official report defining the Planning Depa~hnent's recommendations with regard to this proposed local law and forward it to me at your earliest convenienco. This proposed local law is also being sent to the Southold Town Planning Department for their review. The date and time for this public hearing is 4:32 P.M., Tuesday, May 24, 2011. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, Eliz~ageth A. Neville Southold Town Clerk Enclosure cc: Town Board LEGAL NOTICE of PUBLIC HEARING WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 26th day of April, 2011, a Local Law entitled "._~A Local Law in relation to Amendments to Chapter 277, Wind Energy~ and Chapter 280, Zoning~ in connection with Small Wind Energy Systems and Accessory Apartments" and RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 24th day of May, 2011 at 4:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 277, Wind Energy, and Chapter 280, Zoning, in connection with Small Wind Energy Systems and Accessory Apartments" reads as follows: LOCAL LAW NO. 2011 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 277~ Wind Energy~ and Chapter 280~ Zoning, in connection with Small Wind Energy Systems and Accessory Apartments". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board of the Town of Southold has reviewed the definition of small wind energy system in Chapter 277 and Chapter 280 and has determined that the kilowatt requirement is too restrictive and requires revision. Additionally, the Town Board is clarifying its intent in §280-13(B)(13)(0 to allow for the conversion of an accessory structure in its entirety to an accessory apartment so long as the remaining criteria in §280-13(B)(13) are met. II. Chapter 277 of the Code of the Town of Southold is hereby amended as follows: § 277-1. Definitions. SMALL WIND ENERGY SYSTEM -~ A wind energy conversion system consisting of a wind turbine (not to exceed ~5 125 kilowatts of production), a tower, and associated control or conversion electronics, which has a rated capacity intended primarily to reduce on-site consumption of utility power. III. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. SMALL WiND ENERGY SYSTEM -- A wind energy conversion system consisting of a wind turbine (not to exceed 35 125 kilowatts of production), a tower, and associated control or conversion electronics, which has a rated capacity intended primarily to reduce on-site consumption of utility power. [Added 7-17-2007 by L.L. No. 15-2007] §280-13. Use regulations. [Amended 3-14-1989 by L.L. No. 3-1989] In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for the uses set forth in Subsections B(1, 13, & 14) hereof, are subject to site plan approval by the Planning Board: [Amended 12-21-1993 by L.L. No. 27-1993] (13) One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, subject to the following requirements: (f) The accessory structure which is converted, in whole or in part, to permit an accessory apartment shall be in existence and be eligible for or have a valid certificate of occupancy issued prior to January 1, 2008. IV. 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. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: April 26, 2011 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON May 12, 2011 AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times TC's Bulletin Board Bldg Dept Town Board Members Accounting Dept. ZBA Town Attomey Web site STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being dulyswom, says that on the ~27 dayof /9,~e[~ , 2011, she affixed a notice of which the annexed printed notice is a tree copy, 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. Re: Wind Energy/Access. Apt Sworn before me this ;'t day of N6tary Public Southold Town Clerk LINDA J COOPER NOTARY PUBLIC, State of New York NO. 01C04822563, Suffolk County Term Expires December 31, 20 RESOLUTION 2011-349 ADOPTED DOC ID: 6839 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-349 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 26, 2011: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to forward the proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 277~ Wind Energy~ and Chapter 280~ Zoninl[~ in connection with Small Wind Ener~y Systems and Accessory, Apartments" to the Suffolk County Planning Commission and the Southold Town Planning Board for their review and recommendation. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell RESOLUTION 2011-348 ADOPTED DOC ID: 6838 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-348 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 26, 2011: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk Cotmty, New York, on the 26th day of April, 2011, a Local Law entitled "A Local Law in relation to Amendments to Chapter 277~ Wind!Enerlly, and Chapter 280, Zoninl~, in connection with Small Wind Energy Systems and Accessory Apartments" and RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 24th day of May, 2011 at 4:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 277~ Wind Energy¶ and Chapter 280~ Zoning~ in connection with Small Wind Enerk~ Systemn and Accessory Apartments reads as follows: LOCAL LAW NO. 2011 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 277~ Wind Energy. and Chapter 280~ Zoning~ in connection with Small Wind Energy Systems and Accessory, Apartments". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. }. The Town Board of the Town of Southold has reviewed the definition of small wind energy system in Chapter 277 and Chapter 280 and has determined that the kilowatt requirement is too restrictive and requires revision. Additionally, the Town Board is clarifying its intent in {}280- 13(B)(13)(f) to allow for the conversion of an accessory structure in its entirety to an accessory apartment so long as the remaining criteria in §280-13(B)(13) are met. II. Chapter 277 of the Code of the Town of Southold is hereby amended as follows: § 277-1. Definitions. SMALL WIND ENERGY SYSTEM -- A wind energy conversion system consisting of a wind turbine (not to exceed ~-5 125 kilowatts of production), a tower, and associated control or conversion electronics, which has a rated capacity intended primarily to reduce on-site Resolution 2011-348 Board Meeting of April 26, 2011 consumption of utility power. III. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: {}280-4. Definitions. SMALL WIND ENERGY SYSTEM -- A wind energy conversion system consisting of a wind turbine (not to exceed 2-5 125 kilowatts of production), a tower, and associated control or conversion electronics, which has a rated capacity intended primarily to reduce on-site consumption of utility power. [Added 7-17-2007 by L.L. No. 15-2007] §280-13. Use regulations. [Amended 3-14-1989 by L.L. No. 3-1989] In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for the uses set forth in Subsections B(1, 13, & 14) hereof, are subject to site plan approval by the Planning Board: [Amended 12-21-1993 by L.L. No. 27-1993] (13) One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, subject to the following requirements: (f) The accessory structure which is converted, in whole or in part, to permit an accessory apartment shall be in existence and be eligible for or have a valid certificate of occupancy issued prior to January 1, 2008. IV. SEVERABILITY If any clause, sentence, paragraph, section, or part 0fthis 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 s° decided to be unconstitutional or invalid. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Updated: 4/26/2011 2:58 PM by Lynda Rudder Page 2 Resolution 2011-348 Board Meeting of April 26, 2011 Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice ' SECONDER: Christopher Talbot, Cohncilman AYES: Ruland, Orlando, Talbot, Krupski Jr.,'Evans, Russell Updated: 4/26/2011 2:58 PM by Lynda Rudder Page 3 Page 1 of 1 Cooper, Linda From: Candice Schott [cschott@timesreview.com] Sent: Wednesday, April 27, 2011 2:03 PM To: Cooper, Linda Subject: RE: PH notice - Wind energy/access, apts 5/24/11 Hello again, That darn sun is hiding again!! © We are good to go for the 12th. Thanks again! Candice From: Cooper, Linda [mailto:Linda.Cooper@town.southold.ny.us] Sent: Wednesday, April 27, 2011 1:41 PM To: tr-legals Subject: PH notice - Wind energy/access, apts 5/24/11 Hello again, Please confirm receipt of this notice for the May 12 edition of the Suffolk Times. Thank you. BTW where did the sun go? Icoop 4/27/2011 Page 1 of 1 Cooper, Linda From: Cooper, Linda Sent: Wednesday, April 27, 2011 2:54 PM To: Verity, Mike; Weisman, Leslie; Lanza, Heather Cc: Bunch, Connie; Toth, Vicki; Randolph, Linda Subject: PH Notice for 5/24/11 Attachments: PH Notice for 5_20110427143242.pdf 4/27/2011 Page 1 of 1 Cooper, Linda From: Cooper, Linda Sent: Wednesday, April 27, 2011 2:36 PM To: 'Riverhead Town Clerk'; 'Shelter Island Town Clerk'; 'Southampton Town clerk' Subject: PH Notice to Adjacent Towns Attachments: PH Notice for 5_20110427143242.pdf 4/27/2011 ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER .To~n Hall, 53095 Main Road P.O. Box 1179 ~g~uthold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 27, 2011 PLEASE TAKE NOTICE that the Town Board of thc Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on May 24, 2011: 4:32 PM -."A Local Law in relation to Amendments to Chapter 277, wind Energy, and Chapter 270, Zoning, in connection with Small Wind Energy Systems and Accessory Apartments" Please sign a duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Attachments / cc: Suffolk County Department of Planning .~ Village of Greenport Email: Southold Town Planning Board Southold Town Building Department Town of Riverhead Elizabeth A. Neville Town Clerk Long Island State Park Commission Please print name Southold Town Board of Appeals Town of Shelter Island Town of Southampton Date: Title: ~ PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVIIJ,R, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 27, 2011 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARING on the proposed Local Law listed below on May 24, 2011: 4:32 PM -."A Local Law in relation to Amendments to Chapter 277, wind Energy, and Chapter 2~0, Zoning, in connection with Small Wind Energy Systems and Accessory Apartments" ~l~ease sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport / Elizabeth A. Neville Town Clerk Long Island State Park Commission Email: Town of Riverhead Town of Southampton .Southold Town Planning Board S}~49ture, R,e'~eived~/~,o. . t/ OCtlv}a L Z. E t"l'r'i[ Ple]a~e print n~ Town of Shelter Island Southold Town Building Department Southold Town Board of Appeals PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 27, 2011 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARING on the proposed Local Law listed below on May 24, 2011: 4:32 PM -."A Local Law in relation to Amendments to Chapter 277, wind Energy, and Chapter 270, Zoning, in connection with Small Wind Energy Systems and Accessory Apartments" ~Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Elizabeth A. Neville Town Clerk Long Island State Park Commission Email: Town of Riverhead Town of Southampton Southold Town Planning Board Town of Shelter Island Southold Town Building Department Southold Town Board of Appeals ~h~ature, Received Please print n~e PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILI,E~ RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 27, 2011 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on May 24, 2011: 4:32 PM -."A Local Law in relation to Amendments t0 Chapter 277, wind Energy, and Chapter 270, Zoning, in connection with Small Wind Energy Systems and Accessory Apartments" Please sign a duplicate of this letter and return to me at your earliest convenience by mail or emall. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Emalt: Southold Town Planning Board Southold Town Building Department Town of Riverhead Long Island State Park Commission Southold Town Board of Appeals Town of Shelter Island Town of Southampton Date: PLEASE SIGN :AND RETURN TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILIJ~.: RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT O~'FiCER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork, net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 27, 2011 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on May 24, 2011: 4:32 PM -."A Local Law in relation to Amendments to Chapter 277, wind Energy, and Chapter 2~0, Zoning, in connection with Small Wind Energy Systems and Accessory Apartments" ~ase sign a duplicate of this letter and remm to me at your earliest convenience by mail or email. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Email: Southold Town Planning Board Southold Town Building Department ~verhe~ Please print name Elizabeth A. Neville Town Clerk Long Island State Park Commission Southold Town Board of Appeals Town of Shelter Island Town of Southampton Date: April 27, 2011 Title: Secretarial Ass't. - Planning Dept. PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE, R/VIC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 27, 2011 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on May 24, 2011: 4:32 PM -."A Local Law in relation to Amendments tO Chapter 277, wind Energy, and Chapter 270, Zoning, in connection with Small Wind Energy Systems and Accessory Apartments" Please sign a duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Attachments cc: Suffolk County Department of Planning Village of (3reenport Emaih Southold Town Planning Board Southold Town Building Department .c~own of Rivq~head Signature, Receiv, ed By Please print name Elizabeth A. Neville Town Clerk Long Island State Park Commission Southold Town Board of Appeals Town of Shelter Island Town of Southampton Date: ~t//~ ,~/,~// PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK 04/28/2011 01:00 6317493436 S I TOWN CLERK PAGE 01 ELa'Z~ltlI~FH A. N~VILLE~ aMC, CMC TOWN CLERK ]~SOlSTRAR OF ~T~ STAT~STI~ ~R~ O~ICEa RECO~8 ~AGE~ ~E~M OF INACTION To~+n I'4~0., 53095 Main l~nd P.O. Box 1179 Southold. N*~v York 1197! Fax (831) 785-8145 Telephone (831) 765-1800 southoldtown.nor t Efork, net OFFICE OF '1'~4~ TOWN CLEI~K TOWN OP 8OUTHOLD April 27, 2011 ?LE. AS]~ TAKE NOTICE thn! the Town Board of' the Town of $outhold will hold a PUBLIC HEARING on the proposed Local Law listed below on May 24, 2011: 4:32 PM -."A Local Law in relation to Amendments to Chapter 2'77, wind Energy, and Chapter 270, Zoning, in conneetion with Small Wind Energy Systems and Aeeessory Apartments" OPlease sign a duplicate offl~is letter and return to me at your earliest convenience by mail or email. Thank you. At~.hmants cc: Suffolk CounV/Departrnan! of Plarmin8 Villas¢ cf Oreenport Email: Sotrthold Town Plann/ng Board Southold Town Buil,41ng Department Town of Riverhead ~riease print Elizabeth A. Neville Town Clerk Long Island State Park Commission Southold Town Board of Appeals Town of Shelter Island Town of Southampton Date: 'g/:~-7 '4' PLEASE SIGN AND RETURN TO $OUTHOLD TOWN CLERK