Legal Notices

09/23/2010 12:00 AM |

LEGAL NOTICE

NOTICE OF SPECIAL MEETING

MATTITUCK-CUTCHOGUE

UNION FREE SCHOOL DISTRICT

SUFFOLK COUNTY, NEW YORK

(Mattituck-Laurel Library District)

The Board of Education of the Mattituck-Cutchogue Union Free School District, Suffolk County, New York, HEREBY GIVES NOTICE that a special meeting of the qualified voters residing in the Mattituck-Laurel Library District (which lies within the boundaries of said School District) will be held at the Mattituck-Laurel Library, Main Road, Mattituck, New York, in said School District, on Tuesday, September 28, 2010, at 10:00 a.m., prevailing time, for the purpose of voting upon the proposition hereinafter set forth. Polls for the purpose of voting will be kept open between the hours of 10:00 a.m. and 8:00 p.m., prevailing time, to qualified voters residing in the Mattituck-Laurel Library District (which lies within the boundaries of the Mattituck-Cutchogue Union Free School District).

PROPOSITION

Shall the Board of Education of the Mattituck-Cutchogue Union Free School District be authorized to increase the approved appropriation of $1,010,144.00 for the year 2010 to $1,049,436.00 for the year 2011 for the benefit of the Mattituck-Laurel Library District which lies within the boundaries of the School District? [This would increase the total appropriation for the Mattituck-Laurel Library to $1,194,736.00, as the sum of $145,300.00 is added to the annual appropriation (the 12th of 20 previously approved annual installments) for payment of financing the construction of an addition and improvements to the Mattituck-Laurel Library Building.]

NOTICE IS ALSO GIVEN that the qualified voters will elect two (2) members of the Board of Trustees for three (3) year terms commencing November 9, 2010, and expiring November 12, 2013.

NOTICE IS ALSO GIVEN that petitions nominating a candidate for the office of Member of the Board of Trustees must be filed at the Mattituck-Laurel Library, Main Road, Mattituck, New York, between the hours of 10:00 a.m. and 5:00 p.m., prevailing time, not later than August 24, 2010. Vacancies on the Board of Trustees are not considered separate offices; candidates run at large. Nominating petitions shall not describe any specific vacancy upon the Board of Trustees for which the candidate is nominated. Each petition must be directed to the Clerk of the District and must be signed by at least twenty-five (25) qualified voters of the District, must state the name and residence of each signer and must state the name and residence of the candidate.

NOTICE IS ALSO GIVEN that a copy of the statement of the amount of money which will be required for the Mattituck-Laurel Library Operating Budget for the ensuing year may be obtained by any taxpayer in the Mattituck-Laurel Library District (which lies within the boundaries of the Mattituck-Cutchogue Union Free School District) during the fourteen (14) days immediately preceding the special meeting, except Saturday, Sunday or holidays at the Business Office of the School District, located in the Central Administration Offices, 385 Depot Lane, Cutchogue, New York, between the hours of 9:00 a.m. and 4:00 p.m., prevailing time, and also at the Mattituck-Laurel Library between the hours of 10:00 a.m. and 5:00 p.m., prevailing time, Monday through Saturday.

NOTICE IS FURTHER GIVEN that pursuant to Section 2014 of the Education Law and a prior resolution by the Board of Education, personal registration of voters will be held. A person shall not be entitled to vote at said meeting whose name does not appear on the register of said School District, or who is not currently registered from a residence address within the Mattituck-Laurel Library District (which lies within the boundaries of said School District) for general election purposes, on the registration list provided by the Suffolk County Board of Elections.

Registration for this meeting will be held in the Business Office of the School District, located in the Central Administration Offices, 385 Depot Lane, Cutchogue, New York, between the hours of 9:00 a.m. and 4:00 p.m., prevailing time, Monday through Friday on any business day until five (5) days preceding the Special District Meeting. Any person shall be entitled to have his name placed upon such register provided that he is known or proven to the satisfaction of the Board of Registration to be then or thereafter entitled to vote at said Special District Meeting for which such register is prepared. All persons residing in the Mattituck-Laurel Library District (which lies within the boundaries of said School District) who have previously registered for any annual or special meeting or election and who shall have voted at any annual or special meeting or election at any time within the four (4) calendar years prior to the year in which the registration is being prepared, shall be entitled to vote. In addition, any qualified voter of the School District who resides in the Mattituck-Laurel Library District (which lies within the boundaries of said School District), whose name appears on the Suffolk County voter registration lists as transmitted to the School District by the Suffolk County Board of Elections will also be entitled to vote.

Said register will be filed in the Office of the Clerk of the School District located at the Business Office of the School District, in the Central Administration Offices, 385 Depot Lane, Cutchogue, New York, where said register will be open for inspection by any qualified voter of the Mattituck-Laurel Library District (which lies within the boundaries of said School District) between the hours of 9:00 a.m. and 4:00 p.m., prevailing time, on each of the five (5) days prior to the date set for said special district vote, except Sunday.

NOTICE IS FURTHER GIVEN that absentee ballots shall be made available in accordance with the provisions of Section 2018-a of the Education Law. Applications for such absentee ballots may be obtained at the office of the School District Clerk. The absentee ballot application must be received by the District Clerk at least seven (7) days before the date of the vote, if the ballot is to be mailed to the voter, or the day before the vote, if the ballot is to be delivered personally to the voter. A list of all persons to whom absentee ballots shall have been issued will be available in the said office of the Clerk between the hours of 9:00 a.m. and 4:00 p.m., prevailing time, Monday through Friday on any business day up to and including the day set for the vote.

By Order of the Board of Education

Catherine Gilliard, District Clerk

Mattituck-Cutchogue

Union Free School District,

Suffolk County, New York

9883-4T 8/12, 26; 9/9, 23

LEGAL NOTICE

NOTICE OF SPECIAL DISTRICT MEETING OF THE SOUTHOLD UNION FREE SCHOOL DISTRICT ON BEHALF OF THE SOUTHOLD FREE LIBRARY, LOCATED IN THE TOWN OF SOUTHOLD,

SUFFOLK COUNTY, NEW YORK

NOTICE IS HEREBY GIVEN that the Board of Education of the Southold Union Free School District, in the County of Suffolk, New York, has adopted a resolution on July 23, 2010, authorizing a Special District Meeting of the qualified voters of said School District to be held on

Saturday, October 16, 2010

from 10:00 o’clock a.m. to 4:00 o’clock p.m. (Prevailing Time) at the Southold Free Library, 53705 Main Road, Southold, New York, for the purpose of voting upon the following Bond Proposition:

PROPOSITION

RESOLVED:

The Board of Trustees of the Southold Free Library (the “Library”) located in the Town of Southold, Suffolk County, New York is hereby authorized: (i) to construct additions and/or alterations and improvements to the Library building and the site thereof located at 53705 Main Road, Southold, New York, the foregoing to include the original furnishings, equipment, machinery, apparatus and ancillary or related site work required in connection therewith (the “Project”), substantially as described in a report prepared for the Library by Gary Jacquemin, AIA, and Stromski Architecture, PC, entitled “Long Form Environmental Assessment Form,” dated April 30, 2010 (the “Report”), which report is on file and available for public inspection at the office of the Director of the Library; and to expend therefor, including preliminary costs and costs incidental thereto and to the financing thereof and to reimburse prior expenditures made by the Library for the Project, not to exceed the estimated cost $7,250,000, plus any additional amounts received by the Library in connection with said Project, including but not limited to donations, grants, bequests, or other gifts, bond sale premiums and investment income on bond proceeds; (ii) to finance such the cost by borrowing a principal amount not to exceed $6,000,000 from the Dormitory Authority of the State of New York (the “Dormitory Authority”), a qualified industrial development agency, a local development corporation or other lending institution(s); (iii) to cause the appropriate taxing authority, or to authorize and direct the Southold Union Free School District, pursuant to Education Law Section 259, to authorize and direct the appropriate taxing authority to levy a tax payable in annual installments in an amount not to exceed $585,000 per year, which annual installment of the tax shall be in addition to the amount presently raised annually by tax for the Library’s annual appropriations, over a maximum period of twenty (20) years for the payment of all principal, interest, redemption premiums, if any, and expenses relating to the financing of the Project; (iv) to assign and pledge all of said tax to the Dormitory Authority or other lending institution(s); and (v) to enter into mortgages, loan agreements and any other agreements and/or to take any and all other actions incidental or necessary to the completion of the Project and the financing thereof.

Such Proposition shall appear on the ballot label to be inserted in the voting machines used for voting at said Special District Meeting in substantially the following condensed form:

PROPOSITION

YES NO

RESOLVED:

The Board of Trustees of the Southold Free Library (the “Library”) located in the Town of Southold, Suffolk County, New York is hereby authorized: (i) to construct additions and/or alterations and improvements to the Library building located at 53705 Main Road, Southold, New York (the “Project”), and to expend therefore, including the reimbursement of prior expenditures made by the Library for the Project, not to exceed $7,250,000, plus any additional amounts received by the Library in connection with the Project; (ii) to finance such cost by borrowing a principal amount not to exceed $6,000,000 from the Dormitory Authority of the State of New York (the “Dormitory Authority”), a qualified industrial development agency, a local development corporation or other lending institution(s); (iii) to cause the appropriate taxing authority, or to authorize and direct the Southold Union Free School District, pursuant to Education Law Section 259, to authorize and direct the appropriate taxing authority to levy therefor a tax payable in annual installments not to exceed $585,000 per year, which annual installment of the tax shall be in addition to the amount presently raised annually by tax for the Library’s annual appropriations, over a maximum period of twenty (20) years for the payment of all principal, interest, redemption premiums, if any, and expenses relating to the financing of the Project; (iv) to assign and pledge all of said tax to the Dormitory Authority or other lending institution(s); and (v) to enter into mortgages, loan agreements and any other agreements and/or to take any and all other actions incidental or necessary to the completion of the Project and the financing thereof.

The voting will be conducted by ballot on voting machines as provided in the Education Law and the polls will remain open from 10:00 o’clock a.m. to 4:00 o’clock p.m. (Prevailing Time) and as much longer as may be necessary to enable the voters then present to cast their ballots.

NOTICE IS FURTHER GIVEN that pursuant to Education Law ¬ß2014, personal registration of voters is required, and no person shall be entitled to vote at the Special District Meeting whose name does not appear on the register of the District. Personal registration will be ongoing at the District Office of the Southold Schools, located at 420 Oaklawn Avenue, Southold, New York, on any school day, between the hours of 9:00 o’clock a.m. and 4:00 o’clock p.m. (Prevailing Time), until Friday, October 8, 2010, to add any additional names to the register of qualified voters to be used at the aforesaid election. Any person will be entitled to have his or her name placed on such register, provided that he or she is known or proven to the satisfaction of said Board of Registration to be then or thereafter entitled to vote at said Special District Meeting.

The register of the qualified voters of said District prepared for the Annual Election held on May 18, 2010, shall be used by said Board of Registration as the basis for the preparation of the register for said Special District Meeting to be held on October 16, 2010. Any person whose name appears on such register or who shall have been previously registered for any annual or special District meeting or election and who shall have voted at any annual or special District meeting or election held or conducted at any time since January 1, 2006, will not be required to register personally for this Special District Meeting. In addition, any person otherwise qualified to vote who is registered with the Board of Elections of Suffolk County under the provisions of the Election Law shall be entitled to vote at said Special District Meeting without further registration.

The Register so prepared pursuant to ¬ß2014 of the Education Law will be filed in the Office of the Clerk of the School District, located at 420 Oaklawn Avenue, Southold, New York and will be open for inspection by any qualified voter of the District beginning on Monday, October 11, 2010, between the hours of 9:00 A.M. and 4:00 P.M., (Prevailing Time), on weekdays, and each day prior to the day set for the election, and at the polling place(s) on the day of the vote, except Saturday, when it will be open for inspection by appointment between the hours of 11:00 o’clock A.M. and 12:00 o’clock Noon, (Prevailing Time), and Sunday.

NOTICE IS FURTHER GIVEN that applications for absentee ballots may be applied for starting on or after Wednesday, September 8, 2010, at the Office of the District Clerk of the School District, located 420 Oaklawn Avenue, Southold, New York, between the hours of 9:00 o’clock a.m. and 2:00 o’clock p.m., (Prevailing Time), Monday through Friday, excluding holidays. If the ballot is to be mailed to the voter, the completed application must be received by the District Clerk no later than Friday, October 8, 2010. If the ballot is to be delivered personally to the voter at the office of the District Clerk, the completed application must be received by the District Clerk no later than Friday, October 15, 2010. Absentee ballots must be received by the District Clerk no later than 5:00 o’clock p.m. (Prevailing Time), on Saturday, October 16, 2010.

A list of all persons to whom absentee ballots shall have been issued will be available in the office of the District Clerk between the hours of 9:00 o’clock a.m. and 4:00 o’clock p.m. (Prevailing Time) on each of the five (5) days prior to the day set for the Special District Meeting, except Saturday and Sunday.

Only qualified voters who are duly registered will be permitted to vote.

NOTICE IS FURTHER GIVEN that a Library Expansion Information Meeting will be held at the Library on October 6, 2010 at 7:00 p.m. (Prevailing Time). Library Trustees and personnel will be present to provide information to the public regarding the proposed improvements to the existing Library facilities.

BY THE ORDER OF THE BOARD OF EDUCATION

Dated: July 23, 2010

Patricia DiGregorio

District Clerk

Southold Union Free School District

420 Oaklawn Avenue

Southold, NY 11971

9897-4T 8/26; 9/9, 23; 10/7

LEGAL NOTICE

Notice of formation of Labrozzi Landscaping and Lawn Service, LLC Arts. of Org. filed with the Sect’y of State of NY (SSNY) on 8/13/2010. Office location, County of Suffolk. SSNY has been designated as agent of the LLC upon whom process against it may be served. SSNY shall mail process to: c/o Jay P. Quartararo, Esq., PO Box 9398, Riverhead NY 11901. Purpose: any lawful act.

9913-6T 9/9, 16, 23, 30; 10/7, 14

LEGAL NOTICE

Notice of formation of Billys’ By The Bay LLC. Articles of Organization filed with the Secretary of State of New York, on May 4, 2010. Office located in Suffolk County. SSNY has been designated as agent of the LLC upon whom process against it may be served. Agent shall mail a copy of any process against the LLC to 9060 Peconic Bay Boulevard, Laurel, NY 11948. Purpose: any lawful purpose.

9915-6T 9/9, 16, 23, 30; 10/7, 14

LEGAL NOTICE

Please take notice that the private road known as the “Old Mill Path” will be closed to all traffic, vehicular and pedestrian, on Sunday, September 26, 2010. Please take further notice that any person or persons found to be on the “Old Mill Path” shall be trespassers and charged as such. The “Old Mill Path” is located on certain parcels designated on the Suffolk County Tax Map as District 1000, Section 56, Blocks 1 and 3, Lots 11.1 and 13.3.

9921-2T 9/16, 23

LEGAL NOTICE

FORMATION OF A NEW YORK LIMITED LIABILITY COMPANY PURSUANT TO NEW YORK

LIMITED LIABILITY COMPANY

LAW SECTION 206(C)

1. The name of the limited liability company is Quarty Construction, LLC.

2. The date of filing of the articles of organization with the Department of State was July 29, 2010.

3. The county in New York in which the office of the company is located is Suffolk.

4. The Secretary of State has been designated as agent of the company upon whom process may be served, and the Secretary of State shall mail a copy of any process against the company served upon him or her to Quarty Construction, LLC, 1775 Indian Neck Lane, Peconic, New York 11958.

5. The latest date upon which the company is required to be dissolved is December 31, 2030.

6. The business purpose of the company is to engage in any and all business activities permitted under the laws of the State of New York.

9922-6T 9/16, 23, 30; 10/7, 14, 21

LEGAL NOTICE

KAKI, LLC

The name of the Foreign Limited Liability Company is: KAKI, LLC. App. for Authority filed with the Dept. of State of NY on 7/27/2010. Jurisdiction: Florida and the date of its organization is: 7/1/2010. Office location in New York State: Suffolk County . The Secretary of the State of NY (“SSNY”) is designated as agent upon whom process against it may be served, the address to which the SSNY shall mail a copy of such process is: c/o Haile, Shaw and Pfaffenberger, P.A., 660 US Hwy #1, 3rd Flr. North Palm Beach, FL 33480. Address maintained in its jurisdiction is: 660 US Hwy #1, 3rd Flr. North Palm Beach, FL 33480. The authorized officer in its jurisdiction of organization where a copy of its Certificate of Formation can be obtained is: Dawn K. Roberts, Interin Sec’ty of State of Florida, 2661 Executive Center Circle, Tallahassee, FL 32301. The purpose of the company is: any lawful act..

9900-6T 8/26; 9/2, 9, 16, 23, 30

LEGAL NOTICE

Notice of formation of 5 and 10, LLC. Arts. of Org. filed with the Sect’y of State of NY (SSNY) on 4/9/2010. Office location, County of Suffolk. SSNY has been designated as agent of the LLC upon whom process against it may be served. SSNY shall mail process to: The LLC, c/o Jay P. Quartararo Esq., PO Box 9398, Riverhead, NY 11901. Purpose: Any lawful act.

9888-6T 8/19, 26; 9/2, 9, 16, 23

LEGAL NOTICE

NOTICE OF

BUDGET WORK SESSION

Please take notice that the Orient Fire District of the Town of Southold, County of Suffolk, New York, will hold a budget work session on Monday, the 27th day of September at 6:30 p.m. at 23300 Main Road, Orient, New York. All meetings of the Orient Fire District are open to the public. This notice is being posted in accordance with the provisions of Section 94 of the Public Officers Law of the State of New York.

Dated: September 16, 2010

By order of the Board

of Fire Commissioners

of the Orient Fire District.

Felice Semon

Secretary/Treasurer

Orient Fire District

9926-1T 9/23

LEGAL NOTICE

Fishers Island Board of Education

Invitation to Bid: General Contractor

Fishers Island School

Parking Lot and Lockers Project

The Fishers Island Board of Education, through its Owner’s Representative, Strategic Building Solutions, LLC, is soliciting Bids from qualified contractors for the Fishers Island School Parking Lot Re-Grading and Locker Replacement Project. Specifications will be available electronically by e-mail request to Sean Sullivan at [email protected] Proposals must be received by October 6, 2010, by 1:00 p.m.. The project consists of the gravel replacement of a small parking lot along with the replacement of 32 lockers. Contractors must be licensed in the State of New York and must have prior work experience on Fishers Island.

The Fishers Island Board of Education, acting through its Superintendent reserves the right to accept or reject any and all proposals or any part thereof, to waive defects in same or accept any proposals deemed to be in the best interest of the Fishers Island Board of Education.

9927-1T 9/23

LEGAL NOTICE

NOTICE TO BIDDERS

CUTCHOGUE FIRE DISTRICT

IN THE TOWN OF SOUTHOLD

SUFFOLK COUNTY

NEW YORK

NOTICE IS HEREBY GIVEN that sealed bids will be received by the Board of Fire Commissioners of the Cutchogue Fire District at the Firehouse, 260 New Suffolk Road, Cutchogue New York, until 7:00 p.m., prevailing time, on October 5, 2010, at which time and place they will be publicly opened and read for the proposed renovation and reconstruction of the Cutchogue Fire District parking lot at 355 New Suffolk Road, Cutchogue, New York (SCTM #1000-102-6-11.1) per Specifications in the Bid Package.

The Bid Package consisting of Notice to Bidders, Information and Instructions to Bidders, Specifications, Bid Proposal Form, and Form of Contract may be obtained from the houseman at the Firehouse, 260 New Suffolk Road, Cutchogue, New York, at any time between the hours of 8:00 a.m. and 6:00 p.m., Monday through Sunday.

A Bid Bond (A.I.A. Document A310) or official bank check, payable to Cutchogue Fire District, in the amount of at least five percent (5%) of the base bid must accompany each bid. A full Performance Bond together with Labor and Material Payment Bonds, shall be required of the successful bidder on awarding of contract.

Bids shall be submitted in sealed envelopes at the Fire District address and shall bear on the face thereof the name and address of the bidder with the notation “SEALED BID ENCLOSED”. All bids must be submitted on the forms furnished by the Cutchogue Fire District in accordance with the Specifications and Information and Instructions to Bidders. No bidder shall be allowed to withdraw its bid within forty-five (45) days after the formal opening thereof.

The contract for the above project will be awarded by the Board of Fire Commissioners to the lowest responsible bidder. In cases where two or more responsible bidders submit identical bids as to price, the Board of Fire Commissioners may award the contract to either of such bidders. The Board of Fire Commissioners reserves the right to reject all bids and re-advertise for new bids in its discretion and/or to waive any informality in any bid which it deems immaterial in nature.

By Order of the Board of

Fire Commissioners of the

Cutchogue Fire District

Town of Southold,

Suffolk County, New York

Matthew J. Martin

Fire District Secretary

Dated: Cutchogue, New York

September 14, 2010

9928-1T 9/23

LEGAL NOTICE

Citizen’s Ideas Wanted

On Community Development Program

Announcement of Public Hearing

In April 2011 the Town of Southold expects to receive approximately $130,000.00 in Federal Community Development Block Grant Funds. These funds may be used, and have been previously used for a variety of projects to be selected by local officials.

Eligible activities include:

Acquisition and demolition of blighted property

Housing rehabilitation

Elimination of physical barriers for the handicapped

Public facilities and improvements

Street Reconstruction

Code Enforcement

Public Water projects

Economic Development

Public Services (limited to 15%)

Town Residents are invited to attend this public hearing on Tuesday, October 5, 2010, 7:32 p.m. at the Southold Town Hall, 53095 Main Road, Southold, New York, to express citizen views on local housing community development needs to be met with these funds.

Dated: September 7, 2010

BY ORDER OF

THE TOWN BOARD

OF THE TOWN OF SOUTHOLD

Elizabeth Neville

Town Clerk

9929-1T 9/23

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 7th day of September, 2010, a Local Law entitled “A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Deer Fences” 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 the Southold Town Hall, 53095 Main Road, Southold, New York, on the 5th day of October 2010 at 7:36 p.m. at which time all interested persons will be given an opportunity to be heard.

The proposed Local Law entitled, “A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Deer Fences” reads as follows:

LOCAL LAW NO. ______2010

A Local Law entitled, “A Local Law in relation to Amendments to Chapter 280, Zoning”, in connection with Deer Fences.

BE IT ENACTED by the Town Board of the Town of Southold as follows:

I. Purpose.

The purpose of this Local Law is to amend ¬ß280-105, “height of fences, walls and berms” to allow for deer fencing in residential and non-residential zones to protect the health, safety and welfare of Town residents, business owners and their property from injury and damage due to the growth of the population of deer within the Town.

II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows:

§ 280-105. Height of fences, walls and berms.

Fences, walls or berms may be erected and maintained, subject to the following height limitations:

A. When located in the front yard of residential zones, the same shall not exceed four feet in height when located in the front yard of nonresidential zones, the same shall not exceed six feet in height.

B. When located in or along side and rear yards, the same shall not exceed 6 1/2 feet in height.

C. In residential and non-residential zones, except properties/parcels engaged in bona fide agricultural production, the installation of a deer exclusion fence may be permitted by obtaining a building permit issued by the Building Inspector, subject to the following criteria:

1. When located in or along side and rear yards, the height of the deer exclusion fence shall not exceed eight feet.

2. Specifications for construction of deer exclusion fences:

(i) Fencing Fabric: high-tensile, woven wire fence fabric with graduated opening;

(ii) Spacing Between Posts: 20 feet

3. Deer fencing is prohibited in or along the front yard of any property.

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: September 7, 2010

BY ORDER OF

THE TOWN BOARD

OF THE TOWN OF SOUTHOLD

Elizabeth Neville

Town Clerk

9930-1T 9/23

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 7th day of September 2010, a Local Law entitled “A Local Law in relation to the Prevention and Control of Noise Pollution in the Town of Southold”

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 the Southold Town Hall, 53095 Main Road, Southold, New York, on the 5th day of October 2010 at 7:38 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 the Prevention and Control of Noise Pollution in the Town of Southold” reads as follows:

LOCAL LAW NO.________2010

A Local Law entitled, “A Local Law in relation to the Prevention and Control of Noise Pollution in the Town of Southold”.

BE IT ENACTED by the Town Board of the Town of Southold as follows:

I. A new Chapter 200 of the Code of the Town of Southold is hereby adopted as follows:

¬ß200-1. Title. This law shall be known as the “Prevention and Control of Noise Pollution Law of Southold Town.”

§200-2. Purpose. The gentle pace of life in the Town of Southold has traditionally provided a respite from the noise and turmoil which has become an integral part of life in the city and suburbs and which has even encroached into many resort areas on the East End. Crafting of regulations that are uniquely appropriate for the Town of Southold are aimed to protect this rural, almost nostalgic way of life while providing an atmosphere for businesses to flourish. The existence of unreasonably loud, unnecessary disturbing or unusual noise within the Town has become an increasingly, significant problem during recent years. Such noise pollution which is prolonged, unusual or unnatural in its time, place and use is harmful to the peace, welfare, comfort, safety, convenience, good order and prosperity of the inhabitants of the Town of Southold. It is the public policy and findings of the Town Board that every person is entitled to noise levels that are not detrimental to life, health and the enjoyment of his or her property. The provisions and prohibitions hereinafter enacted are in pursuance of this policy and these findings and for the purpose of protecting and promoting the public health, comfort, convenience, peace, safety, welfare and prosperity of the Town of Southold and its inhabitants.

§200-3. Statutory authorization. This chapter is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through regulations intended to govern noise pollution within the entire Town.

§200-4. Definitions. As used in this Chapter, the following terms shall have their meanings indicated.

AIRBORNE SOUND – Sound that reached the point of interest by propagation through the air.

AMPLIFIED SOUND – Sound which has its volume increased by electronic means.

CHARITABLE EVENT – An event whose sole purpose is to raise money for a specific charity or non-profit organization.

COMMERCIAL SERVICE EQUIPMENT – All engine-powered or motor-powered equipment intended for infrequent service work in inhabited areas, typically requiring commercial or skilled operators. Examples of commercial service equipment are chain saws, log chippers, paving rollers, etc.

CONSTRUCTION DEVICE – Any powered device or equipment designed and intended for use in construction. Examples of construction devices are air compressors, bulldozers, backhoes, trucks, shovels, derricks and cranes.

dB(A) – The A-weighted sound level in decibels, as measured by a general-purpose sound-level meter complying with the provisions of the American National Standards Institute specifications for sound-level meters, properly calibrated and operated on the A-weighing network.

DECIBEL (“dB”) – The unit for measuring the volume of a sound based upon the pressure level of a sound. For the purpose of this chapter, the standard reference pressure stated herein will be used to assure a consistent and standard reference for measuring sound.

HOMEOWNER’S LIGHT RESIDENTIAL OUTDOOR EQUIPMENT – All engine-powered or motor-powered garden or maintenance tools intended for repetitive use in residential areas, typically capable of being used by a homeowner. Examples of homeowner’s light residential outdoor equipment are lawn mowers, garden tools, riding tractors, snowblowers, snowplows, etc.

NOISE POLLUTION – Airborne or amplified sound which:

A. Causes temporary or permanent hearing loss in persons exposed; or

B. Is otherwise injurious, or tends to be, on the basis of current information injurious to the public health or welfare; or

C. Disturbs a reasonable person of normal sensitivities;

D. Exceeds standards or restrictions established herein; or

E. Interferes with the comfortable enjoyment of life and property or the conduct of business. The following are deemed to interfere with the comfortable enjoyment of life and property or the conduct of business:

1. Yelling or shouting at any time that disturbs the quiet, comfort or repose of person or persons residing or occupying an adjacent or neighboring property.

2. The using of, operating of or permitting to be played, used or operated, any radio, receiving set, musical instrument, phonograph, television set or other machine or device for the producing or reproducing of airborne or amplified sound in such a manner as to disturb the peace, quiet and comfort of the person or persons residing or occupying an adjacent or neighboring property.

PERSON – An individual, association, firm, syndicate, company, trust, corporation, department, bureau or agency or any other entity recognized by law as the subject of rights and duties

SOUND-LEVEL METER – An instrument for the measurement of noise and sound levels including a microphone, amplifier, an output meter and frequency weighting networks which comply with standards established by the American National Standards Institute (ANSI) specifications for sound-level meters.

§ 200-5. General prohibition. No person or persons owning leasing or controlling the operation of any source of noise on any lot or structure within the Town shall permit the establishment of a condition of noise pollution. Except as provided in §200-6, the use of amplifiers, speaker or other machines or devices capable of reproducing amplified or airborne sound from the premises, dwelling or building within the Town shall be considered noise pollution and shall be prohibited at all times.

§ 200-6. Standards. No person shall create or cause to be emitted any noise pollution which when measured at or beyond any lot line of the property on which such noise pollution is being generated, exceeds the following standards:

A. Sunday through Thursday: (i) from 7:00 a.m. to 7:00 p.m. airborne or amplified sound in excess of 65 dBA; and (ii) from 7:00 p.m. to 7:00 a.m. airborne or amplified sound in excess of 50 dBA.

B. Friday and Saturday: (i) from 7:00 a.m. to 10:00 p.m. airborne or amplified sound in excess of 65 dBA; and (ii) from 10:00 p.m. to 7:00 a.m. airborne or amplified sound in excess of 50 dBA.

§ 200-7. Exceptions.

A. The provisions of §200-5 and §200-6 shall not apply to the following:

1. The intermittent or occasional use between 7:00 a.m. through 7:00 p.m. of homeowner’s light residential outdoor equipment with mufflers or commercial service equipment, provided that such activities and such equipment and their use comply with the other provisions hereof.

2. Construction activities between 7:00 a.m. through 7:00 p.m. and the associated use of construction devices or the noise produced thereby, provided that such activities and such equipment and their use comply with the other provisions hereof.

3. Noise from agricultural equipment.

4. Noise from church bells or chimes used.

5. Noise from snowblowers, snowthrowers and snowplows when operated with a muffler for the purpose of snow removal.

6. Non-amplified noise generated from lawful athletic or recreational activities, events, or facilities.

7. Non-amplified noise-organized activities sponsored by any school district, private school or fire district or department within the Town of Southold.

8. Noise from municipally sponsored celebrations or events.

9. Noise from lawful fireworks displays, parades, and other charitable and special events held in accordance with all pertinent provisions of the Southold Town Code.

10. Noncommercial public speaking or public assembly activities conducted on any public space or public right-of-way.

11. Emergency construction or repair work.

12. Noise from the activities of any fire department, ambulance squad or similar emergency or rescue organization in carrying out their official duties.

13. Noncommercial amplified sound that does not exceed the noise standard established in §200-6 of this chapter.

14. Emergency stationary and mobile signal devices.

15. Audible exterior burglar alarms in operation for 15 minutes or less.

§ 200 Р8. Enforcement. The provisions of this chapter shall be administered and enforced by the Southold Town Police Department and the Southold Town Office of Code Enforcement.

§ 200- 9. Penalties for offenses.

A. Any person who shall violate the provisions of this chapter shall be guilty of a violation punishable by a fine not exceeding $500; and upon conviction of a third or subsequent offense within 18 months, punishable by a fine not exceeding $5,000. If such violation is of a continuing nature, each one hour period of violation of any provision of this chapter shall constitute an additional, separate and distinct offense,

B. In addition to any other remedy provided by law, the Town may bring an injunction proceeding to enforce this chapter.

II. 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.

III. EFFECTIVE DATE

This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.

Dated: September 7, 2010

BY ORDER OF

THE TOWN BOARD

OF THE TOWN OF SOUTHOLD

Elizabeth Neville

Town Clerk

9932-1T 9/23

LEGAL NOTICE

NOTICE OF RESOLUTION

SUBJECT TO

PERMISSIVE REFERENDUM

Please take notice that by resolution dated September 14, 2010, the Board of Commissioners of the Mattituck Fire District authorized the purchase of Scott air packs and related equipment at a cost not to exceed $27,500 payable from the existing Mattituck Fire District Apparatus Capital Reserve Fund. The resolution was adopted subject to a permissive referendum in accordance with New York General Municipal Law section 6-g.

John Harrison

Secretary,

Board of Fire Commissioners

Mattituck Fire District

9933-1T 9/23

LEGAL NOTICE

VILLAGE OF GREENPORT

NOTICE OF CHANGE IN DATES

OF THE

AUDIT COMMITTEE MEETING

Please take notice that the monthly Audit Committee meeting for October has been scheduled for Tuesday, October 12th at 10:30 a.m. and all future meetings, starting in November, will be held on the second Monday of each month at 10:30 a.m., at the Village Hall, 236 Third Street, Greenport, New York, 11944, Suffolk County, New York.

Dated: September 15, 2010

Village of Greenport

Bonnie Smith

Deputy Village Clerk

9934-1T 9/23

LEGAL NOTICE

NOTICE OF

NON-DISCRIMINATION POLICY

GREENPORT, NY 11944

It is the policy of San Simeon by the Sound not to discriminate because of Race, Creed, Religion, Color, National Origin, Sex, Gender, Handicap, Disability, Blindness, Source of Sponsorship, Source of Payment, Marital Status, Age, Sexual Preference, Genetic Predisposition or Carrier Status in employment, military status, or in the administration, retention and care of resident.

9935-1T 9/23

LEGAL NOTICE

Notice of Adoption of a resolution by the Board of Fire Commissioners of the Cutchogue Fire District, Town of Southold, Suffolk County, New York.

Notice is hereby given that the Board of Fire Commissioners of the Cutchogue Fire District of the Town of Southold, Suffolk County, New York, at a regular meeting duly held on the 14th day of September, 2010, duly adopted a resolution subject to a permissive referendum, an abstract of which is as follows:

RESOLUTION: To expend from the “Capital Reserve Building and Grounds Fund” a sum not to exceed $200,000.00 for the renovation and reconstruction of the Cutchogue Fire District parking lot at 355 New Suffolk Road (SCTM #1000-102-6-11.1).

Dated: September 14, 2010

By Order of

the Board of Fire Commissioners

of the Cutchogue Fire District,

Town of Southold,

Suffolk County, New York

Matthew J. Martin

Fire District Secretary

9936-1T 9/23

PUBLIC NOTICE

SOUTHOLD FIRE DISTRICT

PLEASE TAKE NOTICE that a Public Hearing will be held on October 19, 2010, at 7:00 p.m. (prevailing time) at the main firehouse located at 55135 Main Road, Southold, New York.

The purpose of the Public Hearing will be to permit public review of the proposed budget for the Southold Fire District for fiscal year 2011.

PLEASE TAKE FURTHER NOTICE that a copy of the proposed budget has been filed with the Town Clerk and is available for review at that office, and is also available for review at the Office of the Board of Fire Commissioners between the hours of 9:00 a.m. to 3:00 p.m.

Dated: September 14, 2010

BY THE ORDER OF THE BOARD OF FIRE COMMISSIONERS

OF SOUTHOLD FIRE DISTRICT, Town of Southold, County of Suffolk,

State of New York

Carol A. Miller, Fire District Secretary

9937-1T 9/23

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