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HomeMy WebLinkAboutLandmark Preservation Neville, Elizabeth From: Neville, Elizabeth Sent: Tuesday, September 29, 2020 12:27 PM To: Burke, John; Dinizio, James; Doherty,Jill; Doroski, Bonnie; Duffy, Bill; Ghosio, Bob; Hagan, Damon; Standish, Lauren; Louisa Evans; Nappa, Sarah, Neville, Elizabeth; Noncarrow, Denis; Rudder, Lynda; Russell, Scott; Silleck, Mary,Tomaszewski, Michelle Subject: FW: [SPAM] - HPC Acting Outside of Their Jurisdiction - Please Help! FYI Elizabeth A. Neville Southold Town Clerk,Registrar of Vital Statistics Records Management Officer; FOIL Officer Marriage Officer PO Box 1179 Southold,NY 11971 Tel.631765-1800,Ext.228 Fax 631765-6145 Cell 631 466-6064 From: Transparency Matters [mailto:transparencymattersliCa)gmail.com] Sent: Tuesday, September 22, 2020 11:16 AM Subject: [SPAM] - HPC Acting Outside of Their Jurisdiction - Please Help! Dear Elected Officials of Southold Town Board, It has come to my attention via this YouTube link that the Orient HPC has been acting outside of their jurisdiction with regards to the building approval process for new construction work in Orient. It also appears they are attempting to pass an amendment to the Landmarks Preservation code Tuesday which would expand their power. The HPC's unlawful activity has both delayed resident projects in addition to expending unnecessary labor and fees associated with it. It appears this negligence has affected other people in town and there is a link to a petition that you should sign here. I will be watching via Zoom the Town Board public hearing tomorrow to voice my concern and I encourage you to do the right thing and NOT pass this proposed new language. September 22nd - 7PM Zoom Sign In Join Meeting Passcode 135385 Here is also a link to the SouthHold Page which has all sign in information for the meeting and and a link to Resolution 2020-512 which is the HPC's change in language to Landmarks Preservation Code Chapter 170 1 #0002499990 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Lori Bazata 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 weeks(s),successfully commencing on 09/10/2020 Principal Clerk Sworn to before me this L b day of 13ARBARA H.TANDY Notary Public, State Of New York No. 01 TA6086001 Qualified In Suffolk County Commission Expires 01/13/20 TYPESET. Wed Sep 02 16.31:33 EDT 2020 by and from the members of the Commission shall be in addition to and not in lieu of any LEGAL NOTICE annually at the first regular meeting of the building permit that may be required by any NOTICE OF PUBLIC HEARING calendar year, except for the first organ- other chapter of the Town Code of the Town NOTICE IS HEREBY GIVEN,there has izational meeting convened after this chapter of Southold been presented to the Town Board of the is enacted § 170-7 Application for certificate of ap- Town of Southold, Suftolk County, New E The powers of the Commission shall propriateness York, on the 25th day of August, 2020, a include. A in all cases where a certificate of ap- Local Law entitled"A Local Law in relation (1)Employment of staff and professional propriateness is required by the Historic Pres- to an Amendment to Chapter 170,Land- consultant.,,as necessary to carry out the du- ervation Commission,an applicant shall pro- mark Preservation,in connection with the ties of the Commission,within the limits of vide the Historic Preservation Commission Historic Preservations Commission's in- appropriations of the Town Board. with the following information on the pre- risdiction over new construction"and (2) Promulgation of rules and reg- scribed form. NOTICE IS HEREBY FURTHER ulations as necessary for the conduct of its (1) Name,address and telephone number GIVEN that the Town Board of the Town of business; of the applicant,location,Tax Map number, Southold will hold a public hearing on the (3) Conduct of surveys of significant his- and photographs of each side of the landmark, aforesaid Local Law at Southold Town Hall, toric, architectural, and cultural landmarks and a brief description of the landmark indi- 53095 Main Road,Southold,New York,on and historic districts within the Town; eating (approximate) date of construction, the 22nd day of September,2020 at 7:01 (4) Designation and recommendation of name of architect(if known),historic and/or p.m.at which time all interested persons will identified landmarks or resources as historic architectural and archaeological significance be given an opportunity to be heard. landmarks, and a description of its setting,including re- The proposed Local Law entitled,"A Lo- (5) Recommend acceptance to the Town lated grounds, accessory buildings and cal Law in relation to an Amendment to Board of the donation of facade easements structures and property boundaries,the nature Chapter 170,Landmark Preservation,in and development rights,and the making of of the work proposed, and elevation draw- connection with the Historic Preservations recommendations to the Town Board con- ings,if available, Commission's.jurisdiction over new con- cern ing the acquisition of facade easements or (2) History of the recent (i.e., past 10 struction"reads as follows other interests of real property as necessary to years)use,occupancy and ownership of the LOCAL LAW NO. 2020 carry out the purposes of this chapter, property, A Local Law entitled,"A Local Law in (6) Increasing public awareness of the (3) Name,address and telephone number relation to an Amendment to Chapter 170, value of historic, cultural, and architectural of the individual,contractor, or corporation Landmark Preservation, in connection preservation by developing and participating performing the work; with the Historic Preservations Commis- in public education programs; (4) Application fee receipt,and sion's.jurisdiction over new construction" (7) Making recommendations to Town (5) Any information required by the His- BE IT ENACTED by the Town Board of government concerning the utilization of toric Preservation Commission to make a de- the Town of Southold as follows state,federal or private funds to promote the termination on an application. 1. PURPOSE, preservation of landmarks and historic dis- B The Historic Preservation Commis- The Town Board has reviewed the Chapter tricts within the Town; Sion shall hold a public hearing within 60 days 170 of the Southold Town Code associated (8) Recommending acquisition of a after receipt of an application completed in with Landmark Preservation and determined landmark by the Town Board where its pres- accordance with this section At the hearing, that the chapter requires revision in order to ervation is essential to the purposes of this all interested persons shall be provided the clarify of the role of the Historic Preservation chapter and where private preservation is not opportunity to present their views Notice of Commission with respect to new construction feasible,and the public hearing shall be published at least on a site previously occupied by a landmarked (9) Approval or disapproval of applica- once in a newspaper of general circulation in property tions for certificates of appropriateness of the Town,i.e,,the Town's official newspaper, II. AMENDMENT. demolition, alteration, new construction or at least 10 days prior to the date of the public Chapter 170 of the Code of the Town of economic hardship pursuant to this chapter, Hearing At the hearing,the Historic Preser- Southold is hereby amended by removing the F. The Commission shall meet at least vation Commission may take testimony and struck through portions and adding the under- monthly, but meetings may be held at any entertain the submission of written evidence lined portions to read as follows, time on the written request of any two of the from any person. § 170-4 Historic Preservation Commis- Commission members or on the call of the C Action on application cion;membership,terms;powers and duties. Chair. (1) The Historic Preservation Commis- A. There is hereby created a commission G A quorum for the transaction of busi- sion shall act to approve, deny or approve to be known as the"Town of Southold His- ness shall consist of three of the Commis- with conditions the application for a certif- toric Preservation Commission."The Historic sion's members,but not less than a majority of icate of appropriateness within 60 calendar Preservation Commission shall consist of no the full authorized membership may grant or days afterthe conclusion of the hearing except fewei than five members and no greater than deny a certificate of appropriateness. where such time shall be extended by mutual seven members,to be appointed by the Town H. All members shall attend and com- agreement of the Historic Preservation Com- Board,to the extent available in the commu- plete relevant training programs as the Town mission and the applicant. Such determina- nity,as follows Board may require tion shall be in writing and accompanied by [Amended 8-16-2005 by L.L. No. 1 The Commission shall publish and up- findings,which findings shall seek to balance. 13-20051 date as needed A Guide to Historic Preserva- to the extent practicable,the objectives of the (1) At least one member shall be an ar- tion in Southold Town applicant with broader issues that may be chitect experienced in working with historic § 170-6 Certificate of appropriateness associated with the value of the historic site or buildings; for alteration, demolition or new con- landmark to the community's heritage (2) At least one member shall have dem- struction. Within seven days following the determina- onstrated significant interest in and commit- A. No person shall carry out any of the tion,the applicant shall be sent by registered ment to the field of historic preservation,and following activities without first obtaining a mail either an a certificate of appropriateness (3) All members shall have a known certificate of appropriateness specifically per- or a denial and a copy thereof shall be pro- interest in historic preservation and architec- mitting such activity from the Town of South- vided to the Building Department of the tural development within the Town of South- old Historic Preservation Commission Town old. (1) The demolition or removal of landmarks (2) in the case of the granting of a certif- B Members of the Historic Preservation designated as"historic"pursuant to§ 170-5 icate of appropriateness,the Historic Preser- Commission shall serve for terms of four of this chapter;or vation Commission shall be empowered to years with the exception of the initial term of (2) The alteration of the facade of land- impose reasonable conditions upon the appli- one of the members which shall be for one marks designated as"historic"pursuant to§ cant to ensure that the activity is conducted in year,two which shall be for two years,and 170-5 of this chapter,or a manner which is consistent with the spirit two which shall be for three years (3) New construction on a site previously and intent of this chapter. C There shall be a Secretary to the Com- occupied by a landmark designated as"his- (3) A denial of the application shall be mission who shall be responsible for the keep- toric"pursuant to§170-5 of this chapter, accompanied by a written statement of the ing of meeting minutes,publication of meet- B. No demolition or building permit reasons for the denial in the case of denial, mg minutes,posting of public notices and any shall be issued for such activities without such the Historic Preservation Commission shall other relevant duties certificate of appropriateness The certificate be required to make recommendations to the D The Chair, the Vice Chair and the of appropriateness required by this chapter applicant concerning reuse or restoration of Secretary of the Commission shall be elected the landmark The Historic Preservation increasing real estate values and encourage cooperate with the Code Enforcement Officer Commission may also notify a governmental interest in American and local history and to institute any and all actions and proceed- agency with the authority to acquire the prop- architecture ings necessary to enforce this chapter, Any erty and prevent its demolition through exer- B. If the Historic Preservation Commis- civil remedy shall be in addition to and not in cise of its power of eminent domain sion determines that an application for certif- lieu of any criminal prosecution or penalty. § 170-8 Criteria for approval of alteration icate of appropriateness of demolition or re- III. SEVERABILITY of facades of historic landmarks moval should be denied, the applicant may If any clause,sentence,paragraph,section, A The Historic Preservation Commis- apply for relief on the ground that the deter- or part of this Local Law shall be adjudged by sion,in reviewing an application forthe alter- mination results in a hardship in accordance any court of competent jurisdiction to be en- ation of with the procedures in§ 17046 11. valid,thejudgment shall not affect the valid- the facades of landmarks designated as §170--1611 Hardship criteria for approval ity of this law as a whole or any part thereof "historic"pursuant to§ 170-5 of this chapter, of demolition,removal,or alteration or new other than the part so decided to be unconsti- shall not consider changes to interior spaces construction of historic landmarks. tutional or invalid. In addition to the factors enumerated in § A if the Historic Preservation Commis- IV, EFFECTIVE DATE 170-9 10A, the Commission shall consider sion denies an application for the demolition, This Local Law shall take effect imme- the following criteria: removal,ur alteration or new construction of a diately upon filing with the Secretary of State (1) Whether the proposed alteration is landmark designated as"historic"pursuant to as provided by law, consistent with principles of adaptive reuse, § 170-10 of this chapter,the applicant may Dated August 25,2020 whereby the principal historic features of the request approval from the Town Board on the BY THE ORDER OF THE landmark are maintained while permitting the grounds that the prohibition on such dem- SOUTHOLD TOWN BOARD use of the landmark for new uses other than its olition. ur removal, alteration or new con- Elizabeth A Neville original use; struction will subject the applicant to undue Southold Town Clerk (2) The similarity in design,architecture hardship.in evaluating whethersuch prohibi- 2499990 and appearance of the proposed alteration tion will subject the applicant to undue hard- with the historic design,architecture and ap- ship,the Town Board shall consider the fol- pearance, lowing criteria (3) The necessity for complying with the (1) Whether the owner is capable of earn- applicable building codes or other federal or ing a reasonable return on investment without state regulations; such demolition, removal, or alteration or (4) The necessity of such alteration to new construction, allow for a use of the property permitted by (2) Whether the landmark can be altered, the Town Code in the applicable zoning dis- restored,renovated or adapted for any other trict,and use pursuant to a certificate of appropriate- (5) The public interest in preserving the ness under this chapter,either by the owner or historic features of the landmark and its rela- a subsequent purchaser,which would enable a tion to the historic character of the community reasonable return; and Town. (3) Whether removal, ur alteration or § 170-9 Criteria for approval of new con- new constriction is necessary or appropriate struction on a site previously occupied by a to preserve the landmark, historic landmark (4) Whether the claimed hardship has A, The Historic Preservation Commis- been self-created by waste,neglect,or failure bion,in reviewing an application fornew con- to maintain the landmark;and struction on a site previously occupied by a (5) The public interest in preserving the landmark designated as"historic"pursuant to landmark and its relation to the historic char- § 170-5 of this chapter, shall not consider aster of the community and Town changes to interior spaces.In addition to the B Nothing herein shall be construed to factors enumerated in§ 170-10A,the Com- prevent the demolition,removal or alteration mission shall considerthe following criteria of any structure which has been determined (1) The similarity in design,architecture, by resolution of the Town Board of the Town scale, size and appearance of the new of Southold to be dangerous or unsafe stricture with the original structure being re- § 170-it 12 Appeals placed; Any person aggrieved by a decision of the (2) The necessity for complying with the Historic Preservation Commission relating to applicable building codes or other federal or an application under this chapter may,within state regulations, 30 days of the decision,file a written applica- (3) The necessity of such alteration to tion with the Town Board for review of the allow for a use of the property permitted by decision Reviews shall be conducted based the Town Code in the applicable zoning dis- on the same record that was before the Com- trict;and mission and using the criteria set forth in this (4) The public interest in preserving the chapter. historic features of the landmark and its rela- § 17042 13 Enforcement tion to the historic character of the community All activities conducted and work per- and Town formed pursuant to a certificate of appropri- § 170-9 10 Criteria for approval of dem- ateness issued by the Historic Preservation olition or removal of historic landmarks. Commission under this chapter shall conform A. in passing upon an application for cer- to the specific requirements of the certificate tificate of appropriateness of demolition or of appropriateness It shall be the duty of the removal,the Historic Preservation Commis- Code Enforcement Officer to inspect periodi- sion decision shall consider whether sally any such activities or work to ensure (1) The landmark is of such architectural compliance In the event it is determined that or historic interest that its demolition or re- such activities or work is not being conducted moval would be to the detriment of the public or performed in accordance with the certif- interest, icate of appropriateness, the Code En- (2) Retention of the landmark in its cur- forcement Officer shall issue a stop-work or- rent form or location is important to the der and all affected activities and work shall Town's history or character, immediately cease.No further affected activ- (3) The landmark is of such old and un- rues or work shall be undertaken while the usual or uncommon design,texture and ma- stop-work order is in effect. terial that it could not be reproduced or be § 170-1314 Penalties for offenses reproduced only with great difficulty; Any violation of the provisions of this (4) Retention of the landmark would help chapter shall be violation of the Town Code preserve and protect an historic place or area and shat l be punishable by a fine not to exceed of historic interest in the Town;and $1,000. Each week's continuing violation (5) Retention of the landmark will pro- shall constitute a separate violation. The mote the general welfare by maintaining and Town Attorney is authorized and directed to RECEIVED ABIGAIL A. WICKHAM SEP 2 2 2020 P.O. Box 1424 13015 Main Road Southold Town Clerk Mattituck;N.Y. 11952 631-298=8353 Fax 631-298-8565 September 22, 2020 Southold Town Board 53095 Route 25 P.O. Box 1179 Southold,New York 11971 Re: Proposed Amendment to Chapter 170 Ladies/Gentlemen: I write with respect to the proposed amendments to Chapter 170 which would grant to the Southold Historic preservation Commission (HRC)jurisdiction over new construction on sites previously occupied by designated historic landmarks. The Board should under no circumstances adopt this amendment. While I am in favor of preservation efforts for historical structures within reasonable bounds,this over-reaching amendment goes far beyond this concept and over-regulates any property that may ever have had a designated landmark. The new construction language is particularly offensive. The HRC now has jurisdiction to determine whether a historic landmark may be demolished or removed. Once so determined and the demolition or removal occurs, HRC jurisdiction ceases. The — proposed-addition-to 170=4E(0) the proposed-addition-of-170-6A(3); extending jurisdiction-to "new - construction on a site previously occupied by a landmark....." is unbelievably broad and intrusive into private property rights. Suppose the structure burned down or was demolished years ago—the current owner has to.figure out that happened at any time. Even with a recent removal, once gone, the historic element is gone, and it is unconstitutionally presumptive and arbitrary to make an owner a) figure that out,perhaps years or decades later, b) encumber a property with a restriction that it must be married for eternity to a particular structure, or c) attempt to recreate the appearance of a structure that might be totally inappropriate or unworkable to current usage. The time and expense of addressing this issue can be immense, and to what end, to provide some sort of"replica"? There is no point to that. It completely devalues affected properties. I note that this governmentally imposed restriction provides-absolutely no governmental 'financial assistance for this tremendous additional time and expense. Equally objectionable is that the determination is vested in a group of people deciding on a very subjective matter. If they don't like it, it's over, subject to expensive and generally prohibitive appeals. The proposed criteria of 170-9 lists as its first item elements of pure appearance. There is nothing about balancing cost, time, utility of space,practical difficulty, or other factors that Boards such as the ZBA are required to consider. In short,the proposed amendment is ill advised and should be rejected. Very yours, J Abig 'i1 A. Wickham Neville, Elizabeth From: Neville, Elizabeth Sent: Tuesday, September 22, 2020 6:57 PM To: Lanza, Heather; Norklun, Stacey;Terry, Mark;Verity, Mike;Weisman, Leslie; Burke,John; Dinizio, James; Doherty,Jill; Doroski, Bonnie; Duffy, Bill; Ghosio, Bob; Hagan, Damon; Lauren Standish; Louisa Evans; Nappa, Sarah; Neville, Elizabeth; Noncarrow, Denis; Rudder, Lynda (lynda.rudder@town.southold.ny.us); Russell, Scott; Silleck, Mary; Tomaszewski, Michelle Subject: FW: Public Hearing 9/22/2020 Historic Preservation Chapter 170 Attachments: docH PC.pdf FYI Elizabeth A.Neville Southold Town Clerk,Registrar of Vital Statistics Records Management Officer;FOIL Officer Marriage Officer PO Box 1179 Southold,NY 11971 Tel.631765-1800,Ext.228 Fax 631765-6145 Cell 631466-6064 From: ejbtri@aol.com [mailto:ejbtri0)aol.com] Sent: Tuesday, September 22, 2020 6:55 PM To: Neville, Elizabeth Subject: Fwd: Public Hearing 9/22/2020 Historic Preservation Chapter 170 This did not go through the first time. GW -----Original Message----- From: ejbtri aol.com To: e.nevil le(5.southoId.town.ny.us <e neville(-5-southold.town ny.us>; Iynda.rudderQown southold.ny.us <Ivnda.rudder()-town.south old.ny.us> Sent: Tue, Sep 22, 2020 6:21 pm Subject: Public Hearing 9/22/2020 Historic Preservation Chapter 170 Betty-attached is letter in objection to proposed amendment for the-hearing record tonight. I am copying Lynda in the rare instance that you might be off tonight. Thank you. Gail Wickham ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 1 r Rudder, Lynda From: TR- Legals <legals@timesreview.com> Sent: Wednesday, September 2, 2020 4:32 PM To: Rudder, Lynda; Lisa Finn (lisaahfinn@gmail.com); Michaelis,Jessica; Reisenberg, Lloyd; Southold Local (deni'se@southoldlocal.com); Dinizio,James; Doherty,Jill; Doroski, Bonnie; Ghosio, Bob; Louisa Evans; Nappa, Sarah; Neville, Elizabeth; Noncarrow, Denis; Norklun, Stacey; Russell, Scott; Standish, Lauren;Tomaszewski, Michelle; Burke,John; Duffy, Bill; Hagan, Damon; Silleck, Mary Subject: Re: Chapter 170 Landmarks for publication Attachments: Ad_Image_Preview[5].pdf,Ad_Order_Form[5].pdf Hello, This notice has been scheduled, the attached documents serve as your confirmation, invoice and proof. Please review for accuracy. Payment is due upon receipt. Affidavits are processed and mailed out a week after the final publication date of the notice. Thank you. R IEw MEDIA GROUP Greg Messinger Sales Production Assistant 631.354.8013 (D) gmessinger@timesreview.com_ www.timesreview.com From: "Rudder, Lynda"Aynda.rudder@town.southold.ny.us> Date: Wednesday, September 2, 2020 at 11:34 AM To:TR- Legals <legals@timesreview.com>, "Lisa Finn (lisaahfinn@gmail.com)" <lisaahfinn@gmail.com>, "Michaelis,Jessica" <jessicam@southoldtownny.gov>, "Reisenberg, Lloyd" <Lloyd.Reisenberg@town.southold.ny.us>, "Southold Local (den ise@southoldlocal.com)" <denise@southoldlocal.com>, "Dinizio,James" <james.dinizio@town.southold.ny.us>, "Doherty, Jill" <jill.doherty@town.southold.ny.us>, "Doroski, Bonnie" <Bonnie.Doroski @town.southold.ny.us>, "Ghosio, Bob" <bob.ghosio@town.southold.ny.us>, Louisa Evans <lpevans06390@gmail.com>, "Nappa, Sarah" <sarahn@southoldtownny.gov>, "Neville, Elizabeth" <E.Neville@town.southold.ny.us>, "Noncarrow, Denis" <denisn@southoldtownny.gov>, "Norklun, Stacey" <Stacey.Norklun@town.southold.ny.us>, "Rudder, Lynda" <lynda.rudder@town.southold.ny.us>, "Russell, Scott" <scottr@southoldtownny.gov>, "Standish, Lauren" <Lauren.Standish@town.southold.ny.us>, "Tomaszewski, Michelle" <michellet@town.southold.ny.us>, "Burke, John" <johnbu@southoldtownny.gov>, "Duffy, Bill" <billd@southoldtownny.gov>, "Hagan, Damon" <damonh@southoldtownny.gov>, "Silleck, Mary" <marys@town.southold.ny.us> Subject: Chapter 170 Landmarks for publication, i Rudder, Lynda From: Rudder, Lynda Sent: Wednesday, September 2, 2020 11:34 AM To: legals@timesreview.com; Lisa Finn (lisaahfinn@gmail.com); Michaelis,Jessica; Reisenberg, Lloyd; Southold Local (den ise@southoldIocal.com); Dinizio,James; Doherty, Jill; Doroski, Bonnie; Ghosio, Bob; Louisa Evans; Nappa, Sarah; Neville, Elizabeth; Noncarrow, Denis; Norklun, Stacey; Rudder, Lynda; Russell, Scott; Standish, Lauren; Tomaszewski, Michelle; Burke,John; Duffy, Bill; Hagan, Damon; Silleck, Mary Subject: Chapter 170 Landmarks for publication Attachments: Chapter 170 Land marksEPT.docx For publication on 9/10 in the Suffolk Times and the Town website, thank you 1 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 25th day of August, 2020, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 170, Landmark Preservation, in connection with the Historic Preservations Commission's Jurisdiction over new construction" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 22nd day of September, 2020 at 7:01 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 170,Landmark Preservation, in connection with the Historic Preservations Commission's -jurisdiction over new construction" reads as follows: LOCAL LAW NO. 2020 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 170, Landmark Preservation, in connection with the Historic Preservations Commission's -jurisdiction over new construction" BE IT ENACTED by the Town Board'of the Town of Southold as follows: I. PURPOSE. The Town Board has reviewed the Chapter 170 of the Southold Town Code associated with Landmark Preservation and determined that the chapter requires revision in order to clarify of the role of the Historic Preservation Commission with respect to new construction on a site previously occupied by a landmarked property. II. AMENDMENT. Chapter 170 of the Code of the Town of Southold is hereby amended by removing the struck through portions and adding the underlined portions to read as follows: § 170-4 Historic Preservation Commission; membership; terms; powers and duties. A. There is hereby created a commission to be known as the "Town of Southold Historic Preservation Commission." The Historic Preservation Commission shall consist of no fewer than five members and no greater than seven members, to be appointed by the Town Board,to the extent available in the community, as follows: [Amended 8-16-2005 by L.L. No. 13-20051 (1) At least one member shall be an architect experienced in working with historic buildings; (2) At least one member shall have demonstrated significant interest in and commitment to the field of historic preservation; and (3) All members shall have a known interest in historic preservation and architectural development within the Town of Southold. B. Members of the Historic Preservation Commission shall serve for terms of four years with the exception of the initial term of one of the members which shall'be for one year, two which shall be for two years, and two which shall be for three years. C. There shall be a Secretary to the Commission who shall be responsible for the keeping of meeting minutes,publication of meeting minutes, posting of public notices and any other relevant duties. D. The Chair, the Vice Chair and the Secretary of the'Commission shall be elected by and from the members of the Commission annually at the first regular meeting of the calendar year, except for the first organizational meeting convened after this chapter is,enacted. E. The powers of the Commission shall include: (1) Employment of staff and professional consultants as necessary to carry out the duties of the Commission, within the limits of appropriations of the Town Board; (2) Promulgation of rules and regulations as necessary for the conduct of its business; (3) Conduct of surveys of significant historic, architectural, and cultural landmarks and historic districts within the Town; (4) Designation and recommendation of identified landmarks or resources as historic landmarks; (5) Recommend acceptance to the Town Board of the donation of facade easements and development rights, and the making of recommendations to the Town Board concerning the acquisition of facade easements or other interests of real property as necessary to carry out the purposes of this chapter; (6) Increasing public awareness of the value of historic, cultural, and architectural preservation by developing and participating in public education programs; (7) Making recommendations to Town government concerning the utilization of state, federal or private funds to promote the preservation of landmarks and historic districts within the Town; (8) Recommending acquisition of a landmark by the Town Board where its preservation is essential to the purposes of this chapter and where private preservation is not feasible; and (9) Approval or disapproval of applications for certificates of appropriateness of demolition, alteration,new construction or economic hardship pursuant to this chapter. F. The Commission shall meet at least monthly, but meetings may be held at any time on the written request of any two of the Commission members or on the call of the Chair. G. A quorum for the transaction of business shall consist of three of the Commission's members, but not less than a majority of the full authorized membership may grant or deny a certificate of appropriateness. H. All members shall attend and complete relevant training programs as the Town Board may require. I. The Commission shall publish and update as needed A Guide to Historic Preservation in Southold Town. § 170-6 Certificate of appropriateness for alteration, demolition or new construction. A. No person shall carry out any of the following activities without first obtaining a certificate of appropriateness specifically permitting such activity from the Town of Southold Historic Preservation Commission: (1) The demolition or removal of landmarks designated as "historic" pursuant to § 170-5 of this chapter; or (2) The alteration of the facade of landmarks designated as "historic" pursuant to § 170-5 of this chapter; or (3) New construction on a site previously occupied by a landmark designated as "historic"pursuant to § 170-5 of this chapter. B. No demolition or building permit shall be issued for such activities without such certificate of appropriateness. The certificate of appropriateness required by this chapter shall be in addition to and not in lieu of any building permit that may be required by any other chapter of the Town Code of the Town of Southold. § 170-7 Application for certificate of appropriateness. A. In all cases where a certificate of appropriateness is required by the Historic Preservation Commission, an applicant shall provide the Historic Preservation Commission with the following information on the prescribed form: (1) Name, address and telephone number of the applicant; location, Tax Map number, and photographs of each side of the landmark; and a brief description of the landmark indicating (approximate) date of construction, name of architect (if known), historic and/or architectural and archaeological significance and a description of its setting, including related grounds, accessory buildings and structures and property boundaries, the nature of the work proposed, and elevation drawings, if available; (2) History of the recent(i.e., past 10 years) use, occupancy and ownership of the property; (3) Name, address and telephone number of the individual, contractor, or corporation performing the work; (4) Application fee receipt; and (5) Any information required by the Historic Preservation Commission to make a determination on an application. B. The Historic Preservation Commission shall hold a public hearing within 60 days after receipt of an application completed in accordance with this section. At the hearing, all interested persons shall be provided the opportunity to present their views. Notice of the public hearing shall be published at least once in a newspaper of general circulation in the Town, i.e., the Town's official newspaper, at least 10 days prior to the date of the public Hearing. At the hearing, the Historic Preservation Commission may take testimony and entertain the submission of written evidence from any person. C. Action on application. (1) The Historic Preservation Commission shall act to approve, deny or approve with conditions the application for a certificate of appropriateness within 60 calendar days after the conclusion of the hearing except where such time shall be extended by mutual agreement of the Historic Preservation Commission and the applicant. Such determination shall be in writing and accompanied by findings, which findings shall seek to balance, to the extent practicable, the objectives of the applicant with broader issues that may be associated with the value of the historic site or landmark to the community's heritage. Within seven days following the determination, the applicant shall be sent by registered mail either an a certificate of appropriateness or a denial and a copy thereof shall be provided to the Building Department of the Town. (2) In the case of the granting of a certificate of appropriateness, the Historic Preservation Commission shall be empowered to impose reasonable conditions upon the applicant to ensure that the activity is conducted in a manner which is consistent with the spirit and intent of this chapter. (3) A denial of the application shall be accompanied by a written statement of the reasons for the denial. In the case of denial,the Historic Preservation Commission shall be required to make recommendations to the applicant concerning reuse or restoration of the landmark. The Historic Preservation Commission may also notify a governmental agency with the authority to acquire the property and prevent its demolition through exercise of its power of eminent domain. § 170-8 Criteria for approval of alteration of facades of historic landmarks. A. The Historic Preservation Commission, in reviewing an application for the alteration of the facades of landmarks designated as "historic" pursuant to § 170-5 of this chapter, shall not consider changes to interior spaces. In addition to the factors enumerated in § 170-9 10A, the Commission shall consider the following criteria: (1) Whether the proposed alteration is consistent with principles of adaptive reuse, whereby the principal historic features of the landmark are maintained while permitting the use of the landmark for new uses other than its original use; (2) The similarity in design, architecture and appearance of the proposed alteration with the historic design, architecture and appearance; (3) The necessity for complying with the applicable building codes or other federal or state regulations; (4) The necessity of such alteration to allow for a use of the property permitted by the Town Code in the applicable zoning district; and (5) The public interest in preserving the historic features of the landmark and its relation to the historic character of the community and Town. $ 170-9 Criteria for approval of new construction on a site previously occupied by a historic landmark. A. The Historic Preservation Commission, in reviewing an application for new construction on a site previously occupied by a landmark designated as "historic"pursuant to § 170-5 of this chapter, shall not consider changes to interior spaces. In addition to the factors enumerated in § 170-10A the Commission shall consider the following criteria: (1) The similarity in design architecture scale, size and appearance of the new structure with the original structure being replaced; (2) The necessity for complying with the applicable building codes or other federal or state regulations; (3) The necessity of such alteration to allow for a use of the property permitted by the Town Code in the applicable zoning district; and (4) The public interest in preserving the historic features of the landmark and its relation to the historic character of the community and Town. § 170-910 Criteria for approval of demolition or removal of historic landmarks. A. In passing upon an application for certificate of appropriateness of demolition or removal, the Historic Preservation Commission decision shall consider whether: (1) The landmark is of such architectural or historic interest that its demolition or removal would be to the detriment of the public interest; (2) Retention of the landmark in its current form or location is important to the Town's history or character; (3) The landmark is of such old and unusual or uncommon design, texture and material that it could not be reproduced or be reproduced only with great difficulty; (4) Retention of the landmark would help preserve and protect an historic place or area of historic interest in the Town; and (5) Retention of the landmark will promote the general welfare by maintaining and increasing real estate values and encourage interest in American and local history and architecture. B. If the Historic Preservation Commission determines that an application for certificate of appropriateness of demolition or removal should be denied, the applicant may apply for relief on the ground that the determination results in a hardship in accordance with the procedures in § 170-4-011. § 170-4-011 Hardship criteria for approval of demolition, removal, or alteration or new construction of historic landmarks. A. If the Historic Preservation Commission denies an application for the demolition, removal,,or-alteration or new construction of a landmark designated as "historic" pursuant to § 170-10 of this chapter, the applicant may request approval from the Town Board on the grounds that the prohibition on such demolition.,or removal, alteration or new construction will subject the applicant to undue hardship. In evaluating whether such prohibition will subject the applicant to undue hardship, the Town Board shall consider the following criteria: (1) Whether the owner is capable of earning a reasonable return on investment without such demolition, removal.,or alteration or new construction; (2) Whether the landmark can be altered, restored, renovated or adapted for any other use pursuant to a certificate of appropriateness under this chapter, either by the owner or a subsequent purchaser, which would enable a reasonable return; (3) Whether removal.,or alteration or new construction is necessary or appropriate to preserve the landmark; (4) Whether the claimed hardship has been self-created by waste, neglect, or failure to maintain the landmark; and (5) The public interest in preserving the landmark and its relation to the historic character of the community and Town. B. Nothing herein shall be construed to prevent the demolition, removal or alteration of any structure which has been determined by resolution of the Town Board of the Town of Southold to be dangerous or unsafe. § 170-4-4- 12 Appeals. Any person aggrieved by a decision of the Historic Preservation Commission relating to an application under this chapter may, within 30 days of the decision, file a written application with the Town Board for review of the decision. Reviews shall be conducted based on the same record that was before the Commission and using the criteria set forth in this chapter. § 170-4-2 13 Enforcement. All activities conducted and work performed pursuant to a certificate of appropriateness issued by the Historic Preservation Commission under this chapter shall conform to the specific requirements of the certificate of appropriateness. It shall be the duty of the Code Enforcement Officer to`inspect periodically any such activities or work to ensure compliance. In the event it is determined that such activities or work is not being conducted or performed in accordance with the certificate of appropriateness, the Code Enforcement Officer shall issue a stop-work order and all affected activities and work shall immediately cease. No further affected activities or work shall be undertaken while the stop-work order is in effect. § 170-4-3,14 Penalties for offenses. Any violation of the provisions of this chapter shall be violation of the Town Code and shall be punishable by a fine not to exceed$1,000. Each week's continuing violation shall constitute a separate violation. The Town Attorney is authorized and directed to cooperate with the Code Enforcement Officer to institute any and all actions and proceedings necessary to enforce this chapter. Any civil remedy shall be in addition to and not in lieu of any criminal prosecution or penalty. 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: August 25, 2020 BY THE ORDER OF THE SOUTHOLD TOWN BOARD Elizabeth A. Neville Southold Town Clerk PLEASE PUBLISH IN THE September 10,2020 EDITION OF THE SUFFOLK TIMES AND PROVIDE ONE (1) AFFIDAVIT OF PUBLICATION TO THE SOUTHOLD TOWN CLERK'S OFFICE, PO BOX 1179, SOUTHOLD,NY 11971. a 6 k • to an Amendment to Chapter 170 Land- feasible;and mark Preservation,in connection with the - ' Historic Preservations Commission's ju- (9) Approval or disapproval of app; tions for certificates of appropnatenes ris NOTICE over new HEREconstrBY iFU and demolition, alteration, new construchoi z NOTICE IS HEREBY FURTHER GIVEN that the Town Board of hardship pursuant to flus chap the Town of � I Southold will hold a public hearing on the F. The Commsssson shall meet at 1 aforesaid Local Law at Southold Town Hall, monthly,but meetings may be held at on the written request of any two of j 53095 Mara Road,Southold,New York,on the 22nd day of September,2020 at 7:01 Commission members or on the call ofChair. p.m.at which time all interested persons will G. A quorum for the transaction of b be given an opportunityheard ness shall consist of three of the Comr The'proposed LocallLaw entitled,"A Lo- sion'smembers,butnotlessthanamajont cal Law in relation to an Amendment to the full authorized membership may gran Chapter 170,Landmark Preservation in deny a certificate of appropriateness. connection with the Historic Preservations H. All members shall attend and cc Commission's.jurisdiction over new con- plete relevant training programs as the Tc struction"reads as follows: Board may require. LOCAL LAW NO. 2020 A Local Law entitled,"A Local Law in I. The Commission shall publish and relation to an Amendment to Chapter 170 date as needed A Guide to Histonc Preser Landmark Preservation -in connection tion in Southold Town.- - with the.Historic Preservations Commis- § 170-6 Certificate of appropriaten sion's jurisdiction over new construction" for alteration, demolition or new a BE IT ENACTED by the Town Board of struction. the Town of Southoldas follows. A. No person shall carry out any of I. PURPOSE. , following activities without first obtamn. ° The Town Board has reviewed the Chapter certificate of appropriateness specifically), 170 of the Southold Town'Code associated matting such activity from the Town of Soi with Landmark Preservation and determined old Historic Preservation Commission. that the chapter requires revision in order to (1) The demohhon or removal of landma clarify of the role of the Historic Preservation designated as"historic"pursuant to§IT Commission with respect to new construction of this chapter;or on asite previously occupied by a land-marked (2) The alteration of the facade of ha: property. marks designated as"historic"pursuant b II. AMENDMENT. 170.5 of this chapter;or Chapter 170 of the Code of the Town of (3) New construction on asite previou Southold is hereby amended by removing the occupied by a landmark designated as"h (struck through portions and adding the under- tone"pursuant to§170-5 of this chapter. lined portions to read as follows-- B. No demolition or building per, -' § 170-4 Histonc Preservation Comrms shall be issued for such activities without st, sion,membership;terms;powers and duties. certificate of appropnateness.The certific. A There is hereby created a commission of appropriateness required by this'chap to be known as the"Town of Southold His- shall be in addition to and not in lieu of a toric Preservation Commission." ° The Historic building permit that may be required by a j other chapter of the Town,Code of the To* Preservation Commission shall consist of no of Southold. fewer than five members and no greater than seven=members,to be appointed by the Town §170-7 Application for certificate of a Board,to the extent available in the commu- propriateness. nity,as follows- ' A Irl all cases where a certificate of a [Amended 8-16-2005 by L.L No. propnateness is required by the Historic Pre 13-2005] - ervation Commission,an applicant shall p), (1) At least one member shall be an az- vide the Historic Preservation Commisss clutect expenenced in working with historic with the following information on the pr buildings; scribed form: (2) At least one member shall have dem- (1) Name,address and telephone numl onstrated significant interest in and commit- of the applicant,location,Tax Map numb w ment to the field ofhistoric preservapon;and and photographs of each side of the landma) (3) ;All members shall have a known and a brief description of the landmark in, interest in historic preservation and archiitec- caking (approximate) date of constructic hiral development within the Town of South- old. known),architectural and archaeological significan B. ' Members of the Historic Preservation and a description of its setting,including s Commission shall serve for terms of four lated grounds, accessory buildings a, years with the exception of the initial term of structures and property boundanes,the nate; _ one of the members which shall be for one of the work proposed, and elevation drat - year,two which shall be for two years,and mgs;if available, two which shall be for three years '(2) History of the-recent (i.e., past ' C There shall be a Secret to the Com- years),use,occupancy and ownership of ti S U F F O L K T I M E S.COM I mission whdshall be responsible or the keep- property;3) Name,address and telephone numb Ing of meeting minutes,publication of meet- of the individual;contractor,or corporate LEGALS continued from 36 (1) The similarity in design architecture (1) Whether the owner is capable of earn- III. SEVERABILITY F Ing minutes,posting of pubhc notices and any performing the work; scale, size and appearance of the new Ing a reasonable return on investment without If anclause,.sentence,paragraph,section,I other relevant duties. P g y D The Chair, the Vice Chair and the (4) Application fee receipt,and structure with the original structure being re- such demolition, removal= or alteration or or part of flus Local Law shall be adjudged by (5) Any information required by the H) (2) In the case of the granting of a certif- ,ll'aced; new construction; any•court of competent jurisdiction to be in- Secretary of the'Commissioitshall be elected tone Preservation Commission to make a d• (2) The necessity for complying with the by and from the members of the Commission =cafe of appropriateness,the Ihstoric Preser- (2) Whether the landmark can be altered, valid,the judgment shall not affect the valid- annually at the'fust regular meet"- of the,termination on an application vation Commission shall be empowered to applicable building codes or other federal or restored,renovated or adapted for any other ity of this law as a whole or any part thereof B The Historic Preservation Commr state regulations; calendar year, except for the first organ- imposereasonable conditions upon the apply use pursuant to a certificate of appropriate- other than the part so decided to be unconsti- sion shall hold apubhc hearing within 60 da* cant to ensure that the activity is conducted in (3) The necessity of such alteration to ness under this chapter,either by the owner or tutional or mvand. is enacted meeting convened after this chapter atter receipt of an application completed a manner which is consistent with the spirit is enacted allow for a use of the property per=mitted by a subsequent purchaser,which would enable a Iv EFFECTIVE DATE accordance with this section.At the hearin} and intent of this chapter the Town Code in the applicable zoning dis- reasonable return, E The powers of the Commission shall P This Local Law shall take effect imine- all interested persons shall be provided d trict;and include (3) A denial of the application shall be, (3) Whether removal, or alteration or diately upon filing with the Secretary of State opportunity to present their views Notice r accompanied by a written statement of the (4) The public interest in preserving the new construction is necessary or appropriate as provided by law (1)Employment of staff and professional the pubhe hearing shallbe published at lea reasons for the denial.In the case of denial, historic features of the landmark and its rela- to preserve the landmark; Dated:August 25,2020 q consultants as necessary to carry out the du- once in a newspaper of general circulation r the Historic Preservation Commission shall tion to the histone character of the community (4) Whether the claimed hardship has ties of the Commission,within the limits of and Town. P BY THE ORDER OF THE appropriations of the Town Board; r'the Town,i e.,the Town's official newspape be required to make recommendations to the been self-created by waste,neglect,or failure'• SOUTHOLD TOWN BOARD at least 10 days prior to the date of the`pubb applicant concerning reuse or restoration of § 170-9 10 Cntena for approval of dem- to maintain the landmark,and Elizabeth A Neville ( (2) Promulgation of rules and.'-reg- Hearing'At the hearing,the�Hlstonc Prese the landmark. The Historic Preservation ohtion or removal of historic landmarks. 5 The public,interest in preserving the ulations a's necessary for the conduct of its O P P g Southold Town Clerk vatron Commission=nay take testimony at, Commission may'also notify a governmental A. In passing upon an application forcer- landmark and its relation to the historic char- 2499990 ± business; -: entertain:the submission of written evidene agency with the authority to acquire the prop- tificate of appropriateness of demolition or atter of the community and Town -- --- (3) Conduct of surveys of signifiscant his from any'person; erty and prevent its demolition through exer- removal,the Historic Preservation Commis- B. Nothing herein shall be construed to toric, azclutectural, and'cultural landmarks C. Action on`apphcatron cise of its power of eminent domain sion decision shall consider whether prevent the demolition,removal or alteration and•histonc districts within the Town;. (1),, The Historic Preseratron Comms, (1) The landmark is of such architectural of an structure which has been determined (4) Designation and recommendation of-sion.shalP act to approve, deny or approv §facades Cntena for approval of alteration Y identified landmarks or-resources as historic. of facades of histone landmarks or historic interest that its demolition or re- by resolution of the Town Board of the Town with c A. The Histone Preservation Comrms- moval would be to the detriment of the public of Southold to be dangerous or unsafe. landmarks' =tate conditions appropriateness within the application=foor a-certn sion,in reviewing an application for the alter- interest; § 170-it 12 Appeals. (5) Recommend acceptance to the Town60alenda c 6 ation of (2) Retention of the landmark in its cur- Any person aggrieved by a decision of the Board after the conclusion of thed of the donation of facade easements where such time shall be extended in excel mutut el the facades of landmarks designated as rent form or location is important to the Ilistoric Preservation Commission relatingto and development rights, and the making of agreement of the Historic-Preservation Com "historic"pursuant to§170-5 of this chapter, Town's history or character; - an application under this chapter may,within recommendations to the Town Board con- mission and the applicant.Such determina shall not consider changes to interior spaces. (3) The landmark is of such old and un- 30 days of the decision,file a written applica- cenung the acquisition of facade easements or hon shall be in writing and accompanied b In addition to the factors enumerated in § usual-or uncommon design,texture and ma- tion with the Town Board for review of the other interests of real property as necessary to findings,which findings shall seek to balance 11 10A, the Commission shall consider terial that it could not be reproduced or be decision.Reviews shall be conducted based carry out the purposes of this chapter; - to the extent practicable,the objectives of th the following criteria: reproduced only with great difficulty; on the same record that was before the Com- (6) Increasing public awareness of the applicant with broader issues that may b 1 (4) Retention of the landmark would help mission and using the criteria set forth in this value of historic, cultural, and architectural associated with the value of the lustonc site c ( ) Whether the proposed alteration is p g consistent with principles of adaptive reuse, preserve and protect an historic place or area chapter preservation by developing and participating landmark to the community's heritage whereby the principal historic features of the of histone interest in the Town,and § 170-1213 Enforcement - __ _ jin public education programs, - With m seven days following the determine landmark are maintained while permitting the (5) Retention of the landmark will pro- All activities conducted and work per- '(7) ' Making recommendations to Town tion the applicant shall be sent by registere« use of the landmark for new uses other than its mote the general welfare by maintaining and formed pursuant to a certificate of appropn- government concerning the utilization of mail either an a certificate of appropnatenes original use; increasing real estate values and encourage ateness issued by the Historic Preservation state,federal or private funds to promote the LEGAL NOTICE or a denial and a copy thereof shall be pro interest.in American and local histo and Commission under thus chapter shall conform NOTICE OF PUBLIC HEARING Preservation of landmarks and historic dis- vided to the Building Department of th (2) The ice of th in design,architecture D trios within the Town; and-appearance of theproposed alteration architecture• to the specific requirements of the certificate PP P 4 NOTICE IS HEREBY GIVEN,there has (g) Recommending acquisition of a Town. with the historic design;architecture and ap- B. If the Historic Preservation Commis- of appropriateness It shall be the duty of the been presented to the Town Board of the pearance; sion determines that an application for certif- Code Enforcement Officer to inspect periods- Town of Southold, Suffolk County, New landmark by the Town Board where its pres- icate of appropriateness of demolition or re- call an such activities'or work to ensure York, on the 25th day of August, 2020, a ervation and where p v the preservation of this (3) The necessity for complying with they y applicable building codes or other federal or moval should be dented,the applicant may compliance.In the event it is determined that I Local Law entitled"A Local Law in relation chapter and where private preservation is not �!]_\�. state regulations, apply for relief on the ground,that the deter- such activities or work is not being conducted (4) The necessity of such alteration to nnnation results in a hardship in accordance or performed in accordance with the certif- allow for a use of the property permitted by With the procedures in§ 170-16 11.• icate of appropriateness, the Code En- j the Town Code in the applicable zoning dis- §170-1911 Hardship criteria for approval forcement Officer shall issue a stop-work or- f trict;and of demolition,removal,or alteration or new der and all affected activities and work shall f (5) The public interest in preserving the construction of historic landmarks. • immediately cease.No further affected activ- - histonc features of the landmark and its rela- A. If the Historic Preservation Commis- ities or work shall be undertaken while the tion to the historic character of the community sion denies an application for the demolition, stop-work order is in effect. and Town. removals or alteration or new construction ofa §170z71314 Penalties for offenses. § 170-9 Criteria for approval of new con- landmark designated as"historic"pursuant to Any violation of the provisions of flus' struction on a site previously occupied by a § 170-10 of this chapter,the applicant may chapter shall be violation of the Town Code historic landmark. request approval from the Town Board on the and shall be pumshable by a fine not to exceed A. .The Histonc Preservation Commis- grounds that the piohibition on such dem- $1,000 Each week's continuing violation sion,in reviewing an application for new con- olition, or removal, alteration or new con- shall constitute a separate violation The struction off a site previously occupied by a struction will subject the applicant to undue. Town Attorney is authorized and directed to landmark designated as"historic"pursuant to, hardship.In evaluating whether such prohsibi- cooperate with the Code Enforcement Officer § 170-5 of this chapter, shall not consider tion will subject the applicant to undue hard- -to mstitute any and all actions and proceed- changes to interior spaces.In addition to the ship,the Town Board shall consider the fol- mgs necessary to enforce this chapter. Any factors enumerated in§ 170-10A the Com- lowing Cntena civil remedy shall be in addition to and not in mission shall consider the followingcntena• lieu of any criirunal prosecution or penalty STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold,New York being duly sworn, says that on the 211 day of September , 2020, a notice of which the annexed printed notice is a true copy was affixed, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County,New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold,New York and the Southold Town website, www.southoldtownny.gov . PH 9/22 7:00 pm Chapter 170 Landmark Preservation lizabeth A. Neville outhold Town Clerk Sworn before me this 2"aday of September, 2020. La Notary Public Southold Town Board - Letter Board Meeting of August 25, 2020 ��yUfFO(tCo`y RESOLUTION 2020-512 Item # 5.9 ADOPTED� O D DOC ID: 16360 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2020-512 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 25, 2020: WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 25`x'day of August, 2020, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 170, Landmark Preservation, in connection with the Historic Preservations Commission's jurisdiction over new construction"now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 22"d day of September, 2020 at 7:01 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 170,Landmark Preservation, in connection with the Historic Preservations Commission's jurisdiction over new construction" reads as follows: LOCAL LAW NO. 2020 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 170, Landmark Preservation, in connection with the Historic Preservations Commission's jurisdiction over new construction" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. PURPOSE. The Town Board has reviewed the Chapter 170 of the Southold Town Code associated with Landmark Preservation and determined that the chapter requires revision in order to clarify of the role of the Historic Preservation Commission with respect to new construction on a site previously occupied by a landmarked property. 11. AMENDMENT. Chapter 170 of the Code of the Town of Southold is hereby amended by removing the struck through portions and adding the underlined portions to read as follows: S 170-4 Historic Preservation Commission; membership; terms; powers and duties. Generated August 28, 2020 Page 24 Southold Town Board - Letter Board Meeting of August 25, 2020 A. There is hereby created a commission to be known as the "Town of Southold Historic Preservation Commission." The Historic Preservation Commission shall consist of no fewer than five members and no greater than seven members, to be appointed by the Town Board, to the extent available in the community, as follows: [Amended 8-16-2005 by L.L.No. 13-2005] (1) At least one member shall be an architect experienced in working with historic buildings; (2) At least one member shall have demonstrated significant interest in and commitment to the field of historic preservation; and (3) All members shall have a known interest in historic preservation and architectural development within the Town of Southold. B. Members of the Historic Preservation Commission shall serve for terms of four years with the exception of the initial term of one of the members which shall be for one year, two which shall be for two years, and two which shall be for three years. C. There shall be a Secretary to the Commission who shall be responsible for the keeping of meeting minutes,publication of meeting minutes, posting of public notices and any other relevant duties. D. The Chair, the Vice Chair and the Secretary of the Commission shall be elected by and from the members of the Commission annually at the first regular meeting of the calendar year, except for the first organizational meeting convened after this chapter is enacted. E. The powers of the Commission shall include: (1) Employment of staff and professional consultants as necessary to carry out the duties of the Commission, within the limits of appropriations of the Town Board; (2) Promulgation of rules and regulations as necessary for the conduct of its business; (3) Conduct of surveys of significant historic, architectural, and cultural landmarks and historic districts within the Town; (4) Designation and recommendation of identified landmarks or resources as historic landmarks; (5) Recommend acceptance to the Town Board of the donation of facade easements and development rights, and the making of recommendations to the Town Board concerning the acquisition of facade easements or other interests of real property as necessary to carry out the purposes of this chapter; (6) Increasing public awareness of the value of historic, cultural, and architectural preservation by developing and participating in public education programs; (7) Making recommendations to Town government concerning the utilization of state, federal or private funds to promote the preservation of landmarks and historic districts within the Town; (8) Recommending acquisition of a landmark by the Town Board where its preservation is essential to the purposes of this chapter and where private preservation is not feasible; and (9) Approval or disapproval of applications for certificates of appropriateness of demolition, alteration., new construction or economic hardship pursuant to this chapter. F. The Commission shall meet at least monthly, but meetings may be held at any time on the written request of any two of the Commission members or on the call of the Chair. Generated August 28, 2020 Page 25 1 1 Southold Town Board - Letter Board Meeting of August 25, 2020 G. A quorum for the transaction of business shall consist of three of the Commission's members, but not less than a majority of the frill authorized membership may grant or deny a certificate of appropriateness. H. All members shall attend and complete relevant training programs as the Town Board may require. I. The Commission shall publish and update as needed A Guide to Historic Preservation in Southold Town. § 170-6 Certificate of appropriateness for alteration, demolition or new construction. A. No person shall carry out any of the following activities without first obtaining a certificate of appropriateness specifically permitting such activity from the Town of Southold Historic Preservation Commission: (1) The demolition or removal of landmarks designated as "historic" pursuant to § 170-5 of this chapter; or (2) The alteration of the facade of landmarks designated as "historic" pursuant to § 170-5 of this chapter; or (3) New construction on a site previously occupied by a landmark designated as "historic"pursuant to � 170-5 of this chapter. B. No demolition or building permit shall be issued for such activities without such certificate of appropriateness. The certificate of appropriateness required by this chapter shall be in addition to and not in lieu of any building permit that may be required by any other chapter of the Town Code of the Town of Southold. § 170-7 Application for certificate of appropriateness. A. In all cases where a certificate of appropriateness is required by the Historic Preservation Commission, an applicant shall provide the Historic Preservation Commission with the following information on the prescribed form: (1) Name, address and telephone number of the applicant; location, Tax Map number, and photographs of each side of the landmark; and a brief description of the landmark indicating (approximate) date of construction, name of architect (if known), historic and/or architectural and archaeological significance and a description of its setting, including related grounds, accessory buildings and structures and property boundaries, the nature of the work proposed, and elevation drawings, if available; (2) History of the recent (i.e., past 10 years)use, occupancy and ownership of the property; (3) Name, address and telephone number of the individual, contractor, or corporation performing the work; (4) Application fee receipt; and (5) Any information required by the Historic Preservation Commission to make a determination on an application. B. The Historic Preservation Commission shall hold a public hearing within 60 days after receipt of an application completed in accordance with this section. At the hearing; all interested persons shall be provided the opportunity to present their views. Notice of the public hearing shall be published at least once in a newspaper of general circulation in the Generated August 28, 2020 Page 26 Southold Town Board - Letter Board Meeting of August 25, 2020 Town, i.e., the Town's official newspaper, at least 10 days prior to the date of the public Hearing. At the hearing, the Historic Preservation Commission may take testimony and entertain the submission of written evidence from any person. C. Action on application. (1) The Historic Preservation Commission shall act to approve, deny or approve with conditions the application for a certificate of appropriateness within 60 calendar days after the conclusion of the hearing except where such time shall be extended by mutual agreement of the Historic Preservation Commission and the applicant. Such determination shall be in writing and accompanied by findings, which findings shall seek to balance, to the extent practicable, the objectives of the applicant with broader issues that may be associated with the value of the historic site or landmark to the community's heritage. Within seven days following the determination, the applicant shall be sent by registered mail either an a certificate of appropriateness or a denial and a copy thereof shall be provided to the Building Department of the Town. (2) In the case of the granting of a certificate of appropriateness, the Historic Preservation Commission shall be empowered to impose reasonable conditions upon the applicant to ensure that the activity is conducted in a manner which is consistent with the spirit and intent of this chapter. (3) A denial of the application shall be accompanied by a written statement of the reasons for the denial. In the case of denial, the Historic Preservation Commission shall be required to make recommendations to the applicant concerning reuse or restoration of the landmark. The Historic Preservation Commission may also notify a governmental agency with the authority to acquire the property and prevent its demolition through exercise of its power of eminent domain. § 170-8 Criteria for approval of alteration of facades of historic landmarks. A. The Historic Preservation Commission, in reviewing an application for the alteration of the facades of landmarks designated as "historic" pursuant to § 170-5 of this chapter, shall not consider changes to interior spaces. In addition to the factors enumerated in § 170-9 10A, the Commission shall consider the following criteria: (1) Whether the proposed alteration is consistent with principles of adaptive reuse, whereby the principal historic features of the landmark are maintained while permitting the use of the landmark for new uses other than its original use; (2) The similarity in design, architecture and appearance of the proposed alteration with the historic design, architecture and appearance; (3) The necessity for complying with the applicable building codes or other federal or state regulations; (4) The necessity of such alteration to allow for a use of the property permitted by the Town Code in the applicable zoning district; and (5) The public interest in preserving the historic features of the landmark and its relation to the historic character of the community and Town. 170-9 Criteria for approval of new construction on a site previously occupied by a historic landmark. Generated August 28; 2020 Page 27 Southold Town Board - Letter Board Meeting of August 25, 2020 A. The Historic Preservation Commission, in reviewing an application for new construction on a site previously occupied by a landmark designated as "historic"pursuant to § 170-5 of this chapter, shall not consider changes to interior spaces. In addition to the factors enumerated in § 170-10A, the Commission shall consider the following criteria: (1) The similarity in design, architecture, scale, size and appearance of the new structure with the original structure being replaced; (2) The necessity for complying with the applicable building codes or other federal or state regulations; (3) The necessity of such alteration to allow for a use of the property permitted by the Town Code in the applicable zoning district; and (4) The public interest in preserving the historic features of the landmark and its relation to the historic character of the community and Town. § 170-910 Criteria for approval of demolition or removal of historic landmarks. A. In passing upon an application for certificate of appropriateness of demolition or removal, the Historic Preservation Commission decision shall consider whether: (1) The landmark is of such architectural or historic interest that its demolition or removal would be to the detriment of the public interest; (2) Retention of the landmark in its current form or location is important to the Town's history or character; (3) The landmark is of such old and unusual or uncommon design, texture and material that it could not be reproduced or be reproduced only with great difficulty; (4) Retention of the landmark would help preserve and protect an historic place or area of historic interest in the Town; and (5) Retention of the landmark will promote the general welfare by maintaining and increasing real estate values and encourage interest in American and local history and architecture. B. If the Historic Preservation Commission determines that an application for certificate of appropriateness of demolition or removal should be denied, the applicant may apply for relief on the ground that the determination results in a hardship in accordance with the procedures in § 17040 11. § 170-4-011 Hardship criteria for approval of demolition, removal, or alteration or new construction of historic landmarks. A. If the Historic Preservation Commission denies an application for the demolition, removal,e-alteration or new construction of a landmark designated as "historic" pursuant to § 170-10 of this chapter, the applicant may request approval from the Town Board on the grounds that the prohibition on such demolition,of removal, alteration or new construction will subject the applicant to undue hardship. In evaluating whether such prohibition will subject the applicant to undue hardship, the Town Board shall consider the following criteria: (1) Whether the owner is capable of earning a reasonable return on investment without such demolition, removal,er alteration or new construction; (2) Whether the landmark can be altered, restored, renovated or adapted for any other Generated August 28, 2020 Page 28 Southold Town Board - Letter Board Meeting of August 25, 2020 use pursuant to a certificate of appropriateness under this chapter, either by the owner or a subsequent purchaser, which would enable a reasonable return; (3) Whether removal,or alteration or new construction is necessary or appropriate to preserve the landmark; (4) Whether the claimed hardship has been self-created by waste, neglect, or failure to maintain the landmark; and (5) The public interest in preserving the landmark and its relation to the historic character of the community and Town. B. Nothing herein shall be construed to prevent the demolition,removal or alteration of any structure which has been determined by resolution of the Town Board of the Town of Southold to be dangerous or unsafe. § 170-4412 Appeals. Any person aggrieved by a decision of the Historic Preservation Commission relating to an application under this chapter may, within 30 days of the decision, file a written application with the Town Board for review of the decision. Reviews shall be conducted based on the same record that was before the Commission and using the criteria set forth in this chapter. § 170-1213 Enforcement. All activities conducted and work performed pursuant to a certificate of appropriateness issued by the Historic Preservation Commission under this chapter shall conform to the specific requirements of the certificate of appropriateness. It shall be the duty of the Code Enforcement Officer to inspect periodically any such activities or work to ensure compliance. In the event it is determined that such activities or work is not being conducted or performed in accordance with the certificate of appropriateness,the Code Enforcement Officer shall issue a stop-work order and all affected activities and work shall immediately cease.No further affected activities or work shall be undertaken while the stop-work order is in effect. § 170-114 Penalties for offenses. Any violation of the provisions of this chapter shall be violation of the Town Code and shall be punishable by a fine not to exceed $1,000. Each week's continuing violation shall constitute a separate violation. The Town Attorney is authorized and directed to cooperate with the Code Enforcement Officer to institute any and all actions and proceedings necessary to enforce this chapter. Any civil remedy shall be in addition to and not in lieu of any criminal prosecution or penalty. 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. Generated August 28, 2020 Page 29 Southold Town Board - Letter Board Meeting of August 25, 2020 Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:Louisa P. Evans, Justice AYES: Nappa, Dinizio Jr, Doherty, Ghosio, Evans, Russell Generated August 28, 2020 Page 30 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 10th day of March, 2020, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 170,Landmark Preservation, in connection with the Historic Preservations Commission's Jurisdiction over new construction" and 'NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 7t1 day of April, 2020 at 7:01 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 170, Landmark Preservation, in connection with the Historic Preservations Commission's jurisdiction over new construction" reads as follows: LOCAL LAW NO. 2020 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 170, Landmark Preservation in connection with the Historic Preservations Commission's jurisdiction over new construction" BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. PURPOSE. The Town Board has reviewed the Chapter 170 of the Southold Town Code associated with Landmark Preservation and determined that the chapter requires revision in order to clarify of the role of the Historic Preservation Commission with respect to new construction on a site previously occupied by a landmarked property. II. AMENDMENT. Chapter 170 of the Code of the Town of Southold is hereby amended by removing the struck through portions and adding the underlined portions to read as follows: § 170-4 Historic Preservation Commission; membership; terms; powers and duties. A. There is hereby created a commission to be known as the "Town of Southold Historic Preservation Commission." The Historic Preservation Commission shall consist of no fewer,than five members and no greater than seven members, to be appointed by the Town Board,to the extent available in the community, as follows: [Amended 8-16-2005 by L.L.No. 13-20051 (1) At least one member shall be an architect experienced in working with historic buildings; (2) At least one member shall have demonstrated significant interest in and commitment to the field of historic preservation; and (3) All members shall have a known interest in historic preservation and architectural n � development within the Town of Southold. B. Members of the Historic Preservation Commission shall serve for terms of four years with the exception of the initial term of one of the members which shall be for one year, two which shall be for two years, and two which shall be for three years. C. There shall be a Secretary to the Commission who shall be responsible for the keeping of meeting minutes, publication of meeting minutes,posting of public notices and any other relevant duties. D. The Chair,the Vice Chair and the Secretary of the Commission shall be elected by and from the members of the Commission annually at the first regular meeting of the calendar year, except for the first organizational meeting convened after this chapter is enacted. E. The powers of the Commission shall include: (1) Employment of staff and professional,consultants as necessary to carry out the duties of the Commission, within the limits of appropriations of the Town Board; (2) Promulgation of rules and regulations as necessary for the conduct of its business; (3) Conduct of surveys of significant historic, architectural, and cultural landmarks and historic districts within the Town; (4) Designation and recommendation of identified landmarks or resources as historic landmarks; (5) Recommend acceptance to the Town Board of the donation of facade easements and development rights, and'the making of recommendations to the Town Board concerning the acquisition of facade easements or other interests of real property as necessary to carry out the purposes of this chapter; (6) Increasing public awareness of the value of historic, cultural, and architectural' preservation by developing and participating in public education programs; (7) Making recommendations to Town government concerning the utilization of state, federal or'private funds to promote the preservation of landmarks and historic districts within the Town; (8) Recommending acquisition of a landmark by the Town Board where its preservation is essential to the purposes of this chapter and where private preservation is not feasible; and (9) Approval or disapproval of applications for certificates of appropriateness of demolition, alteration,new'construction or economic hardship pursuant-to this chapter. F. The Commission shall meet at least monthly,but meetings may be held at any time on the written request of any two of the,Commission members or,on the call of the Chair. G. A quorum for the transaction of business shall consist of three,of the Commission's members, but not less than a majority of the full authorized membership may grant or deny a certificate of appropriateness. H. All members shall attend and complete relevant training programs as the Town Board may require. 1. The Commission shall publish and update as needed A Guide to Historic Preservation in Southold Town. §170-6 Certificate of appropriateness for alteration, demolition or new construction. A. No person shall carry out any of the following activities without first obtaining a certificate of appropriateness specifically permitting such activity from the Town of Southold Historic Preservation Commission: r ' (1) The demolition or removal of landmarks designated as "historic" pursuant to § 170-5 of this chapter; or (2) The alteration of the facade of landmarks designated as "historic" pursuant to § 170-5 of this chapter; or (3) New construction on a site previously occupied by a landmark designated as "historic"pursuant to § 170-5 of this chapter. B. No demolition or building permit shall be issued for such activities without such certificate of appropriateness. The certificate of appropriateness required by this chapter shall be in addition to and not in lieu of any building permit that may be required by any other chapter of the Town Code of the Town of Southold. § 170-7 Application for certificate of appropriateness. A. In all cases where a certificate of appropriateness is required by the Historic Preservation Commission, an applicant shall provide the Historic Preservation Commission with the following information on the prescribed form: (1) Name, address and telephone number of the applicant; location, Tax Map number, and photographs of each side of the landmark; and a brief description of the landmark indicating (approximate) date of construction, name of architect (if known), historic and/or architectural and archaeological significance and a description of its setting, including related grounds, accessory buildings and structures and property boundaries,the nature of the work proposed, and elevation drawings, if available; (2) History of the recent(i.e., past 10 years) use, occupancy and ownership of the property; (3) Name, address and telephone number of the individual, contractor, or corporation performing the work; (4) Application fee receipt; and (5) Any information required by the Historic Preservation Commission to make a determination on an application. B. The Historic Preservation Commission shall hold a public hearing within 60 days after receipt of an application completed in accordance with this section. At the hearing, all interested persons shall be provided the opportunity to present their views. Notice of the public hearing shall be published at least once in a newspaper of general circulation in the Town, i.e., the Town's official newspaper, at least 10 days prior to the date of the public Hearing. At the hearing, the Historic Preservation Commission may take testimony and entertain the submission of written evidence from any person. C. Action on application. (1) The Historic Preservation Commission shall act to approve, deny or approve with conditions the application for a certificate of appropriateness within 60 calendar days after the conclusion of the hearing except where such time shall be extended by mutual agreement of the Historic Preservation Commission and the applicant. Such determination shall be in writing and accompanied by findings, which findings shall seek to balance, to the extent practicable, the objectives of the applicant with broader issues that may be associated with the value of the historic site or landmark to the community's heritage. Within seven days following the determination, the applicant shall be sent by registered mail either an a certificate of appropriateness or a denial and a copy thereof shall be provided to the Building Department of the Town. (2) In the case of the granting of a certificate of appropriateness,the Historic Preservation Commission shall be empowered to impose reasonable conditions upon the applicant to ensure that the activity is conducted in a manner which is consistent with the spirit and intent of this chapter. (3) A denial of the application shall be accompanied by a written statement of the reasons for the denial. In the case of denial, the Historic Preservation Commission shall be required to make recommendations to the applicant concerning reuse or restoration of the landmark. The Historic Preservation Commission may also notify a governmental agency with the authority to acquire the property and prevent its demolition through exercise of its power of eminent domain. § 170-8 Criteria for approval of alteration of facades of historic landmarks. A. The Historic Preservation Commission, in reviewing an application for the alteration of the facades of landmarks designated as "historic" pursuant to § 170-5 of this chapter, shall not consider changes to interior spaces. In addition to the factors enumerated in § 170-9 10A,the Commission shall consider the following criteria: (1) Whether the proposed alteration is consistent with principles of adaptive reuse, whereby the principal historic features of the landmark are maintained while permitting the use of the landmark for new uses other than its original use; (2) The similarity in design, architecture and appearance of the proposed alteration with the historic design, architecture and appearance; (3) The necessity for complying with the applicable building codes or other federal or state regulations; (4) The necessity of such alteration to allow for a use of the property permitted by the Town Code in the applicable zoning district; and (5) The public interest in preserving the historic features of the landmark and its relation to the historic character of the community and Town. § 170-9 Criteria for approval of new construction on a site previously occupied by a historic landmark. A The Historic Preservation Commission in reviewing an application for new construction on a site previously occupied by a landmark designated as "historic"pursuant to § 170-5 of this chqpter, shall not consider changes to interior spaces In addition to the factors enumerated in $ 170-10A the Commission shall consider the following criteria: (1) The similarity in design architecture scale size and appearance of the new structure with the original structure being replaced; (2) The necessity for complying with the applicable building codes or other federal or state regulations; (3) The necessity of such alteration to allow for a use of the property permitted by the Town Code in the qpplicable zoning district; and (4) The public interest in preserving the historic features of the landmark and its relation to the historic character of the community and Town. § 170-9 10 Criteria for approval of demolition or removal of historic landmarks. A. In passing upon an application for,certificate of appropriateness of demolition or removal,the Historic Preservation Commission decision shall consider whether: (1) The landmark is of such architectural or historic interest that its demolition or removal would be to the detriment of the public interest; (2) Retention of the landmark in its current form or location is important to the Town's history or character; (3) The landmark is of such old and unusual or uncommon design, texture and material that it could not be reproduced or be reproduced only with great difficulty; (4) Retention of the landmark would help preserve and protect an historic place or area of historic interest in the Town; and (5) Retention of the landmark will promote the general welfare by maintaining and increasing real estate values and encourage interest in American and local history and architecture. B. If the Historic Preservation Commission determines that an application for certificate of appropriateness of demolition or removal should be denied, the applicant may apply for relief on the ground that the determination results in a hardship in accordance with the procedures in § 170-4-011. § 170-4-011 Hardship criteria for approval of demolition, removal, or alteration or new construction of historic landmarks. A. If the Historic Preservation Commission denies an application for the demolition, removal.,e-alteration or new construction of a landmark designated as "historic" pursuant to § 170-10 of this chapter,the applicant may request approval from the Town Board on the grounds that the prohibition on such demolition.,er removal, alteration or new construction will subject the applicant to undue hardship. In evaluating whether such prohibition will subject the applicant to undue hardship,the Town Board shall consider the following criteria: (1) Whether the owner is capable of earning a reasonable return on investment without such demolition, removal.,er alteration or new construction; (2) Whether the landmark can be altered, restored, renovated or adapted for any other use pursuant to a certificate of appropriateness under this chapter, either by the owner or a subsequent purchaser, which would enable a reasonable return; (3) Whether removal.,or alteration or new construction is necessary or appropriate to preserve the landmark; (4) Whether the claimed hardship has been self-created by waste, neglect, or failure to maintain the landmark; and (5) The public interest in preserving the landmark and its relation to the historic character of the community and Town. B. Nothing herein shall be construed to prevent the demolition, removal or alteration of any structure which has been determined by resolution of the Town Board of the Town of Southold to be dangerous or unsafe. § 170-4412 Appeals. Any person aggrieved by a decision of the Historic Preservation Commission relating to an application under this chapter may, within 30 days of the decision, file a written application with the Town Board for review of the decision. Reviews shall be conducted based on the same record that was before the Commission and using the criteria set forth in this chapter. 1 � § 170-4-2 13 Enforcement. All activities conducted and work performed pursuant to a certificate of appropriateness issued by the Historic Preservation Commission under this chapter shall conform to the specific requirements of the certificate of appropriateness. It shall be the duty of the Code Enforcement Officer to inspect periodically any such activities or work to ensure compliance. In the event it is determined that such activities or work is not being conducted or performed in accordance with the certificate of appropriateness,the Code Enforcement Officer shall issue a stop-work order and all affected activities and work shall immediately cease. No further affected activities or work shall be undertaken while the stop-work order is in effect. § 170-43314 Penalties for offenses. Any violation of the provisions of this chapter shall be violation of the Town Code and shall be punishable by a fine not to exceed $1,000. Each week's continuing violation shall constitute a separate violation. The Town Attorney is authorized and directed to cooperate with the Code Enforcement Officer to institute any and all actions and proceedings necessary to enforce this chapter. Any civil remedy shall be in addition to and not in lieu of any criminal prosecution or penalty. 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: March 10, 2020 BY THE ORDER OF THE SOUTHOLD TOWN BOARD Elizabeth A.Neville Southold Town Clerk PLEASE PUBLISH IN THE MARCH 26, 2020 EDITION OF THE SUFFOLK TIMES AND PROVIDE ONE (1) AFFIDAVIT OF PUBLICATION TO THE SOUTHOLD TOWN CLERK'S OFFICE, PO BOX 1179, SOUTHOLD,NY 11971. STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold,New York being duly sworn, says that on the 17th day of March , 2020, a notice of which the annexed printed notice is a true copy was affixed, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold,New York and the Southold Town website, www.southoldtownny.gov . PH 4/7, 7:01 pm—Chapter 170, Landmarks lizabeth A. Neville Southold Town Clerk Sworn before me this X=L , 2020. LYNDA M.RUDDER 'Notary Public,State of New York No.01 RU6020932 Qualified in SeSfoMl arCounty h 8 2 Commission Exp #0002461150 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Lori Bazata 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 weeks(s),successfully commencing on 03/26/2020 Principal Clerk Sworn to before me this �� day of BARBARA H. TANDY Notary Public, State Of New York No. 01 TA6086001 Qualified In Suffolk County Commission Expires 01/13/20 a4 TYPESET'• Tue Mar 17 13 11 22 EDT 2020 annually at the first regular meeting of the Southold LEGAL NOTICE calendar year, except for the first organ- § 170-7 Application for certificate of ap- NOTICE OF PUBLIC HEARING izational meeting convened after this chapter propriateness NOTICE IS HEREBY GIVEN,there has is enacted A In all cases where a certificate of appro- been presented to the Town Board of the E. The powers of the Commission shall priateness is required by the Historic Preser- Town of Southold, Suffolk County, New include- vation Commission, an applicant shall pro- York,on the 10th day of March,2020,a Local (1) Employment of staff and professional vide the Historic Preservation Commission Law entitled"A Local Law in relation to an consultants as necessary to carry out the du- with the following information on the pre- Amendment to Chapter 170, Landmark ties of the Commission,within the limits of scribed form Preservation,in connection with the His- appropriations of the Town Board, (1) Name,address and telephone number of toric Preservations Commission's jurisdic- (2) Promulgation of rules and regulations the applicant,location,Tax Map number,and tion over new construction"and as necessary for the conduct of its business; photographs of each side of the landmark,and NOTICE IS HEREBY FURTHER (3) Conduct of surveys of significant his- a brief description of the landmark indicating GIVEN that the Town Board of the Town of toric, architectural, and cultural landmarks (approximate)date of construction,name of Southold will hold a public hearing on the and historic districts within the Town, architect(if known),historic and/or architec- aforesaid Local Law at Southold Town Hall, (4) Designation and recommendation of tural and archaeological significance and a 53095 Main Road,Southold,New York,on identified landmarks or resources as historic description of its setting, including related the 7th day of April,2020 at 7:01 p.m.at landmarks, grounds, accessory buildings and structures which time all interested persons will be (5) Recommend acceptance to the Town and property boundaries, the nature of the given an opportunity to be heard. Board of the donation of facade easements work proposed, and elevation drawings, if The proposed Local Law entitled,"A Lo- and development rights,and the making of available, cal Law in relation to an Amendment to recommendations to the Town Board con- (2) Historyof the recent(i e,past 10 years) Chapter 170,Landmark Preservation,in ceming the acquisition of facade easements or use, occupancy and ownership of the prop- connection with the Historic Preservations other interests of real property as necessary to erty, Commission's.jurisdiction over new con- carry out the purposes of this chapter; (3) Name,address and telephone number of struction"reads as follows: (6) Increasing public awareness of the the individual,contractor,or corporation per- LOCAL LAW NO.2020 value of historic, cultural, and architectural forming the work, A Local Law entitled,"A Local Law in preservation by developing and participating (4) Application fee receipt,and relation to an Amendment to Chapter 170, in public education programs, (5) Any information required by the His- Landmark Preservation, in connection (7) Making recommendations to Town toric Preservation Commission to make a de- with the Historic Preservations Commis- government concerning the utilization of termination on an application. Aon's jurisdiction over new construction" state,federal or private fonds to promote the B. The Historic Preservation Commission BE IT ENACTED by the Town Board of preservation of landmarks and historic dis- shall hold a public hearing within 60 days the Town of Southold as follows- tricts within the Town, after receipt of an application completed in I. PURPOSE (8) Recommending acquisition of a land- accordance with this section At the hearing, The Town Board has reviewed the Chapter mark by the Town Board where its preserva- all interested persons shall be provided the 170 of the Southold Town Code associated tion is essential to the purposes of this chapter opportunity to present their views Notice of with Landmark Preservation and determined and where private preservation is not feasible, the public hearing shall be published at least that the chapter requires revision in order to and once in a newspaper of general circulation in clarify of the role of the Historic Preservation (9) Approval or disapproval of applications the Town,i.e,the Town's official newspaper, Commission with respect to new construction for certificates of appropriateness of dem- at least 10 days prior to the date of the public on a site previously occupied by a landmarked olition, alteration,new construction or eco- Hearing.At the hearing,the Historic Preser- property nomic hardship pursuant to this chapter, vation Commission may take testimony and II. AME,NDMENT. F. The Commission shall meet at least entertain the submission of written evidence Chapter 170 of the Code of the Town of monthly, but meetings may be held at any from any person. Southold is hereby amended by removing the time on the written request of any two of the C Action on application. ,,trick through portions and adding the under- Commission members or on the call of the (1) The Historic Preservation Commission lined portions to read as follows- Chair shall act to approve, deny or approve with § 170-4 Historic Preservation Commission; G. A quorum for the transaction of business conditions the application for a certificate of membership,terms;powers and duties shall consist of three of the Commission's appropriateness within 60 calendar days after A. There is hereby created a commission to members,but not less than a majority of the the conclusion of the hearing except where be known as the`Town of Southold Historic full authorized membership may grant or such time shall be extended by mutual Preservation Commission" The Historic deny a certificate of appropriateness, agreement of the Historic Preservation Com- Preservation Commission shall consist of no H All members shall attend and complete mission and the applicant Such determina- fewer than five members and no greater than relevant training programs as the Town Board tion shall be in writing and accompanied by seven members,to be appointed by the Town may require findings,which findings shall seek to balance, Board,to the extent available in the commu- 1. The Commission shall publish and update to the extent practicable,the objectives of the nity,as follows- as needed A Guide to Historic Preservation in applicant with broader issues that may be [Amended 8-16-2005 by LL No Southold Town associated with the value of the historic site or 13-20051 §170-6 Certificate of appropriateness for landmark to the community's heritage (1) At least one member shall be an archi- alteration,demolition or new construction. Within seven days following the determina- tect experienced in working with historic A. No person shall carry out any of the tion,the applicant shall be sent by registered buildings, following activities without first obtaining a mail either art a certificate of appropriateness (2) At least one member shall have demon- certificate of appropriateness specifically per- or a denial and a copy thereof shall be pro- strated significant interest in and commitment mitting such activity from the Town of South- vided to the Building Department of the to the field of historic preservation;and old Historic Preservation Commission Town (3) All members shall have a known inter- (1) The demolition or removal of landmarks (2) In the case of the granting of a certif- est in historic preservation and architectural designated as"historic"pursuant to icate of appropriateness,the Historic Preser- development within the Town of Southold. §170-5 of this chapter,or vation Commission shall be empowered to B. Members of the Historic Preservation (2) The alteration of the facade of land- impose reasonable conditions upon the appli- Commission shall serve for terms of four marks designated as"historic"pursuant to§ cant to ensure that the activity is conducted in years with the exception of the initial term of 170-5 of this chapter,or a manner which is consistent with the spirit one of the members which shall be for one (3) New construction on a site previously and intent of this chapter year,two which shall be for two years,and occupied by a landmark designated as (3) A denial of the application shall be ac- two which shall be for three years. "historic"pursuant to§170-5 of this chapter companied by a written statement of the rea- C There shall be a Secretary to the Com- B. No demolition or building permit shall sons for the denial.In the case of denial,the mission who shall be responsible for the keep- be issued for such activities without such cer- Historic Preservation Commission shall be ing of meeting minutes,publication of meet- tificate of appropriateness The certificate of required to make recommendations to the ap- ing minutes,posting of public notices and any appropriateness required by this chapter shall plicant concerning reuse or restoration of the other relevant duties be in addition to and not in lieu of any building landmark. The Historic Preservation Com- D The Chair,the Vice Chair and the Sec- permit that may be required by any other mission may also notify a governmental retary of the Commission shall be elected by chapter of the Town Code of the Town of agency with the authority to acquire the prop- and from the members of the Commission erty and prevent its demolition through exer- determines that an application for certificate lieu of any criminal prosecution or penalty cise of its power of eminent domain of appropriateness of demolition or removal III. SEVERABILITY § 170-8 Criteria for approval of alteration should be denied,the applicant may apply for If any clause,sentence,paragraph,section,or of facades of historic landmarks relief on the ground that the determination part of this Local Law shall be adjudged by A The Historic Preservation Commission, results in a hardship in accordance with the any court of competent jurisdiction to be in- in reviewing an application for the alteration procedures in§ 170=fo 11. valid,theludgment shall not affect the valid- of the facades of landmarks designated as § 170-1011 Hardship criteria for approval ity of this law as a whole or any part thereof 'historic"pursuant to§ 170-5 of this chapter, of demolition,removal,or alteration or new other than the part so decided to be unconsti- shall not consider changes to interior spaces construction of historic landmarks tutional or invalid in addition to the factors enumerated in § A. If the Historic Preservation Commission IV, EFFECTIVE DATE 170-9 10A, the Commission shall consider denies an application for the demolition, This Local Law shall take effect immediately the followmg criteria removal,or alteration or new construction upon filing with the Secretary of State as (1) Whether the proposed alteration is con- of a landmark designated as"historic"pursu- provided by law sistent with principles of adaptive reuse, ant to§ 170-10 of this chapter,the applicant Dated March 10,2020 whereby the principal historic features of the may request approval from the Town Board BY THE ORDER OF THE landmark are maintained while permitting the on the grounds that the prohibition on such SOUTHOLD TOWN BOARD use of the landmark for new uses other than its demolition,or removal,alteration or new con- Elizabeth A Neville original use, struction will subject the applicant to undue Southold Town Clerk (2) The similarity in design, architecture hardship.In evaluating whether such prohibi- 2461150 and appearance of the proposed alteration tion will subject the applicant to undue hard- with the historic design,architecture and ap- ship,the Town Board shall consider the fol- pearance, lowing criteria: (3) The necessity for complying with the (1) Whether the owner is capableofearning applicable building codes or other federal or a reasonable return on investment without state regulations, such demolition, removal, or alteration or (4) The necessity of such alteration to allow new construction; for a use of the property permitted by the (2) Whether the landmark can be altered, Town Code in the applicable zoning district, restored,renovated or adapted for any other and use pursuant to a certificate of appropriate- (5) The public interest in preserving the his- ness under this chapter,either by the owner or toric features of the landmark and its relation a subsequent purchaser,which would enable a to the historic character of the community and reasonable return, Town (3) Whether removal,or alteration or new § 170-9 Criteria for approval of new con- construction is necessary or appropriate to stniction on a site previously occupied by a preserve the landmark, historic landmark (4) Whether the claimed hardship has been A. The Historic Preservation Commission, self-created by waste, neglect, or failure to in reviewing an application for new con- maintain the landmark,and stniction on a site previously occupied by a (5) The public interest in preserving the landmark designated as"historic"pursuant to landmark and its relation to the historic char- 170-5 of this chapter, shall not consider acter of the community and Town changes to interior spaces In addition to the B. Nothing herein shall be construed to factors enumerated in§ 170-10A,the Com- prevent the demolition,removal or alteration mission shall consider the following criteria, of any structure which has been determined (1) The similarity in design, architecture, by resolution of the Town Board of the Town scale, size and appearance of the new of Southold to be dangerous or unsafe structure with the original structure being re- § 170-tt 12 Appeals. lap ced, Any person aggrieved by a decision of the (2) The necessity for complying with the Historic Preservation Commission relating to applicable building codes or other federal or an application under this chapter may,within state regulations, 30 days of the decision,file a written applica- (3) The necessity of such alteration to allow tion with the Town Board for review of the for a use of the property permitted by the decision. Reviews shall be conducted based Town Code in the applicable zoning district, on the same record that was before the Com- and mission and using the criteria set forth in this (4) The public interest in preserving the his- chapter toric features of the landmark and its relation § 1702 13 Enforcement. to the historic character of the community and All activities conducted and work per- Town formed pursuant to a certificate of appropri- § 170-9 10 Criteria for approval of dem- ateness issued by the Historic Preservation olition or removal of historic landmarks. Commission under this chapter shall conform A In passing upon an application for certif- to the specific requirements of the certificate icate of appropriateness of demolition or re- of appropriateness,It shall be the duty of the moval,the Historic Preservation Commission Code Enforcement Officer to inspect periodi- decision shall consider whether, cally any such activities or work to ensure (1) The landmark is of such architectural or compliance In the event it is determined that historic interest that its demolition or removal such activities or work is not being conducted would be to the detriment of the public inter- or performed in accordance with the ceruf- est, icate of appropriateness, the Code En- (2) Retention of the landmark in its current forcement Officer shall issue a stop-work or- form or location is important to the Town's der and all affected activities and work shall history or character, immediately cease No further affected activ- (3) The landmark is of such old and unusual ities or work shall be undertaken while the or uncommon design, texture and material stop-work order is in effect that it could not be reproduced or be repro- § 170-1314 Penalties for offenses. duced only with great difficulty, Any violation of the provisions of this (4) Retention of the landmark would help chapter shall be violation of the Town Code preserve and protect an historic place or area and shall be punishable by a fine not to exceed of historic interest in the Town,and $1,000 Each week's continuing violation (5) Retention of the landmark will promote shall constitute a separate violation The the general welfare by maintaining and in- Town Attorney is authorized and directed to creasing real estate values and encourage in- cooperate with the Code Enforcement Officer terest in American and local history and ar- to institute any and all actions and proceed- chitecture ings necessary to enforce this chapter. Any B. If the Historic Preservation Commission civil remedy shall be in addition to and not in Southold Town Board - Letter Board Meeting of March 10, 2020 RESOLUTION 2020-255 Item # 5.39 s3 ADOPTED DOC ID: 16116 A THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2020-255 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 10, 2020: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 10`" day of March, 2020, a Local Law entitled"A Local Law in relation to an Amendment to Chapter 170, Landmark Preservation, in connection with the Historic Preservations Commission's jurisdiction over new construction" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 71n day of April, 2020 at 7:01 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 170, Landmark Preservation, in connection with the Historic Preservations Commission's jurisdiction over new construction" reads as follows: LOCAL LAW NO. 2020 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 170, Landmark Preservation, in connection with the Historic Preservations Commission's jurisdiction over new construction" BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. PURPOSE. The Town Board has reviewed the Chapter 170 of the Southold Town Code associated with Landmark Preservation and determined that the chapter requires revision in order to clarify of the role of the Historic Preservation Commission with respect to new construction on a site previously occupied by a landmarked property. 11. AMENDMENT. Chapter 170 of the Code of the Town of Southold is hereby amended by removing the struck through portions and adding the underlined portions to read as follows: § 170-4 Historic Preservation Commission; membership; terms; powers and duties. Generated March 11, 2020 Page 52 Southold Town Board - Letter Board Meeting of March 10, 2020 A. There is hereby created a commission to be known as the "Town of Southold Historic Preservation Commission." The Historic Preservation Commission shall consist of no fewer than five members and no greater than seven members, to be appointed by the Town Board, to the extent available in the community, as follows: [Amended 8-16-2005 by L.L. No. 13-2005] (1) At least one member shall be an architect experienced in working with historic buildings; (2) At least one member shall have demonstrated significant interest in and commitment to the field of historic preservation; and (3) All members shall have a known interest in historic preservation and architectural development within the Town of Southold. B. Members of the Historic Preservation Commission shall serve for terms of four years with the exception of the initial term of one of the members which shall be for one year, two which shall be for two years, and two which shall be for three years. C. There shall be a Secretary to the Commission who shall be responsible for the keeping of meeting minutes, publication of meeting minutes, posting of public notices and any other relevant duties. D. The Chair, the Vice Chair and the Secretary of the Commission shall be elected by and from the members of the Commission annually at the first regular meeting of the calendar year, except for the first organizational meeting convened after this chapter is enacted. E. The powers of the Commission shall include: (1) Employment of staff and professional consultants as necessary to carry out the duties of the Commission, within the limits of appropriations of the Town Board; (2) Promulgation of rules and regulations as necessary for the conduct of its business; (3) Conduct of surveys of significant historic, architectural, and cultural landmarks and historic districts within the Town; (4) Designation and recommendation of identified landmarks or resources as historic landmarks; (5) Recommend acceptance to the Town Board of the donation of facade easements and development rights, and the making of recommendations to the Town Board concerning the acquisition of facade easements or other interests of real property as necessary to carry out the purposes of this chapter; (6) Increasing public awareness of the value of historic, cultural, and architectural preservation by developing and participating in public education programs; (7) Making recommendations to Town government concerning the utilization of state, federal or private funds to promote the preservation of landmarks and historic districts within the Town, (8) Recommending acquisition of a landmark by the Town Board where its preservation is essential to the purposes of this chapter and where private preservation is not feasible; and (9) Approval or disapproval of applications for certificates of appropriateness of demolition, alteration.,new construction or economic hardship pursuant to this chapter. F. The Commission shall meet at least monthly, but meetings may be held at any time on the written request of any two of the Commission members or on the call of the Chair. Generated March 11, 2020 Page 53 Southold Town Board - Letter Board Meeting of March 10, 2020 G. A quorum for the transaction of business shall consist of three of the Commission's members, but not less than a majority of the full authorized membership may grant or deny a certificate of appropriateness. H. All members shall attend and complete relevant training programs as the Town Board may require. I. The Commission shall publish and update as needed A Guide to Historic Preservation in Southold Town. § 170-6 Certificate of appropriateness for alteration, demolition or new construction. A. No person shall carry out any of the following activities without first obtaining a certificate of appropriateness specifically permitting such activity from the Town of Southold Historic Preservation Commission: (1) The demolition or removal of landmarks designated as "historic" pursuant to § 170-5 of this chapter; or (2) The alteration of the facade of landmarks designated as "historic" pursuant to § 170-5 of this chapter; or (3) New construction on a site previously occupied by a landmark designated as "historic" pursuant to § 170-5 of this chapter. B. No demolition or building permit shall be issued for such activities without such certificate of appropriateness. The certificate of appropriateness required by this chapter shall be in addition to and not in lieu of any building permit that may be required by any other chapter of the Town Code of the Town of Southold. § 170-7 Application for certificate of appropriateness. A. In all cases where a certificate of appropriateness is required by the Historic Preservation Commission, an applicant shall provide the Historic Preservation Commission with the following information on the prescribed form: (1) Name, address and telephone number of the applicant; location, Tax Map number, and photographs of each side of the landmark; and a brief description of the landmark indicating (approximate) date of construction, name of architect (if known), historic and/or architectural and archaeological significance and a description of its setting, including related grounds, accessory buildings and structures and property boundaries, the nature of the work proposed, and elevation drawings, if available; (2) History of the recent (i.e., past 10 years) use, occupancy and ownership of the property; (3) Name, address and telephone number of the individual, contractor, or corporation performing the work; (4) Application fee receipt; and (5) Any information required by the Historic Preservation Commission to make a determination on an application. B. The Historic Preservation Commission shall hold a public hearing within 60 days after receipt of an application completed in accordance with this section. At the hearing, all interested persons shall be provided the opportunity to present their views. Notice of the public hearing shall be published at least once in a newspaper of general circulation in the Generated March 11, 2020 Page 54 Southold Town Board - Letter Board Meeting of March 10, 2020 Town, i.e., the Town's official newspaper, at least 10 days prior to the date of the public Hearing. At the hearing, the Historic Preservation Commission may take testimony and entertain the submission of written evidence from any person. C. Action on application. (1) The Historic Preservation Commission shall act to approve, deny or approve with conditions the application for a certificate of appropriateness within 60 calendar days after the conclusion of the hearing except where such time shall be extended by mutual agreement of the Historic Preservation Commission and the applicant. Such determination shall be in writing and accompanied by findings, which findings shall seek to balance, to the extent practicable, the objectives of the applicant with broader issues that may be associated with the value of the historic site or landmark to the community's heritage. Within seven days following the determination, the applicant shall be sent by registered mail either an a certificate of appropriateness or a denial and a copy thereof shall be provided to the Building Department of the Town. (2) In the case of the granting of a certificate of appropriateness, the Historic Preservation Commission shall be empowered to impose reasonable conditions upon the applicant to ensure that the activity is conducted in a manner which is consistent with the spirit and intent of this chapter. (3) A denial of the application shall be accompanied by a written statement of the reasons for the denial. In the case of denial, the Historic Preservation Commission shall be required to make recommendations to the applicant concerning reuse or restoration of the landmark. The Historic Preservation Commission may also notify a governmental agency with the authority to acquire the property and prevent its demolition through exercise of its power of eminent domain. § 170-8 Criteria for approval of alteration of facades of historic landmarks. A. The Historic Preservation Commission, in reviewing an application for the alteration of the facades of landmarks designated as "historic" pursuant to § 170-5 of this chapter, shall not consider changes to interior spaces. In addition to the factors enumerated in § 170-9 10A, the Commission shall consider the following criteria: (1) Whether the proposed alteration is consistent with principles of adaptive reuse, whereby the principal historic features of the landmark are maintained while permitting the use of the landmark for new uses other than its original use; (2) The similarity in design, architecture and appearance of the proposed alteration with the historic design, architecture and appearance; (3) The necessity for complying with the applicable building codes or other federal or state regulations; (4) The necessity of such alteration to allow for a use of the property permitted by the Town Code in the applicable zoning district; and (5) The public interest in preserving the historic features of the landmark and its relation to the historic character of the community and Town. 170-9 Criteria for approval of new construction on a site previously occupied by a historic landmark. Generated March 11, 2020 Page 55 Southold Town Board - Letter Board Meeting of March 10, 2020 A. The Historic Preservation Commission, in reviewing an application for new construction on a site previously occupied by a landmark designated as "historic" pursuant to 170-5 of this chapter, shall not consider changes to interior spaces. In addition to the factors enumerated in § 170-1 OA, the Commission shall consider the following criteria: (1) The similarity in design, architecture, scale, size and appearance of the new structure with the original structure being replaced, (2) The necessity for complying with the applicable building codes or other federal or state regulations; (3) The necessity of such alteration to allow for a use of the property permitted by the Town Code in the applicable zoning district; and (4) The public interest in preserving the historic features of the landmark and its relation to the historic character of the community and Town. § 170-910 Criteria for approval of demolition or removal of historic landmarks. A. In passing upon an application for certificate of appropriateness of demolition or removal, the Historic Preservation Commission decision shall consider whether: (1) The landmark is of such architectural or historic interest that its demolition or removal would be to the detriment of the public interest; (2) Retention of the landmark in its current form or location is important to the Town's history or character; (3) The landmark is of such old and unusual or uncommon design, texture and material that it could not be reproduced or be reproduced only with great difficulty; (4) Retention of the landmark would help preserve and protect an historic place or area of historic interest in the Town; and (5) Retention of the landmark will promote the general welfare by maintaining and increasing real estate values and encourage interest in American and local history and architecture. B. If the Historic Preservation Commission determines that an application for certificate of appropriateness of demolition or removal should be denied, the applicant may apply for relief on the ground that the determination results in a hardship in accordance with the procedures in § 170-4-0 11. § 170-4-0 11 Hardship criteria for approval of demolition, removal, or alteration or new construction of historic landmarks. A. If the Historic Preservation Commission denies an application for the demolition, removal,e--alteration or new construction of a landmark designated as "historic" pursuant to § 170-10 of this chapter, the applicant may request approval from the Town Board on the grounds that the prohibition on such demolition,or-removal, alteration or new construction will subject the applicant to undue hardship. In evaluating whether such prohibition will subject the applicant to undue hardship, the Town Board shall consider the following criteria: (1) Whether the owner is capable of earning a reasonable return on investment without such demolition, removal,er alteration or new construction; (2) Whether the landmark can be altered, restored, renovated or adapted for any other Generated March 11; 2020 Page 56 k Southold Town Board - Letter Board Meeting of March 10, 2020 use pursuant to a certificate of appropriateness under this chapter, either by the owner'or a subsequent purchaser, which would enable a reasonable return; (3) Whether removal.,or alteration or new construction is necessary or appropriate to preserve the landmark; (4) Whether the claimed hardship has been self-created by waste, neglect, or failure to maintain,the landmark; and (5) The public interest in preserving the landmark and its relation to the historic character of the community and Town. B. Nothing herein shall be construed to prevent the demolition, removal or alteration of any structure which has been determined by resolution of the Town Board of the Town of Southold to be dangerous or unsafe. § 170- 1- 12 Appeals. Any person aggrieved by a decision of the Historic Preservation Commission relating to an application under this chapter may, within 30 days of the decision, file a written application with the Town Board for review of the decision. Reviews shall be conducted based on the same record that was before the Commission and using the criteria set forth in this chapter. § 170---213 Enforcement. All activities conducted and work performed pursuant to a certificate of appropriateness issued by the Historic Preservation Commission under this chapter shall conform to the specific requirements of the certificate of appropriateness. It shall be the duty of the Code Enforcement Officer to inspect periodically any such activities or work to ensure compliance. In the event it is determined that such activities or work is not being conducted or performed in accordance with the certificate of appropriateness, the Code Enforcement Officer shall issue a stop-work order and all affected activities and work shall immediately cease. No further affected activities or work shall be undertaken while the stop-work order is in effect. § 170-4-314 Penalties for offenses. Any violation of the provisions of this chapter shall be violation of the Town Code and shall be punishable by a fine not to exceed $1,000. Each week's continuing violation shall constitute a separate violation. The Town At is authorized and directed to cooperate with the Code Enforcement Officer to institute any and all actions and proceedings necessary to enforce this chapter. Any civil remedy shall be in addition to and not in lieu of any criminal prosecution or penalty. 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. Generated March 11, 2020 Page 57 Southold Town Board - Letter Board Meeting of March 10, 2020 Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr, Doherty, Ghosio, Evans, Russell ABSENT: Sarah E.Nappa Generated March 11, 2020 Page 58 Southold Town Board - Letter Board Meeting of March 10, 2020 OgUFFD(,y�O RESOLUTION 2020-255 Item# 5.39 ,ro ADOPTED DOC ID: 16116 A THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2020-255 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 10, 2020: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 10`" day of March, 2020, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 170, Landmark Preservation, in connection with the Historic Preservations Commission's jurisdiction over new construction" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 711 day of April, 2020 at 7:01 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 170 Landmark Preservation in connection with the Historic Preservations Commission's jurisdiction over new construction" reads as follows: LOCAL LAW NO. 2020 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 170, Landmark Preservation in connection with the Historic Preservations Commission's jurisdiction over new construction" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. PURPOSE. The Town Board has reviewed the Chapter 170 of the Southold Town Code associated with Landmark Preservation and determined that the chapter requires revision in order to clarify of the role of the Historic Preservation Commission with respect to new construction on a site previously occupied by a landmarked property. II. AMENDMENT. Chapter 170 of the Code of the Town of Southold is hereby amended by removing the struck through portions and adding the underlined portions to read as follows: § 170-4 Historic Preservation Commission; membership; terms; powers and duties. Generated March 11, 2020 Page 52 Southold Town Board - Letter Board Meeting of March 10, 2020 A. There is hereby created a commission to be known as the "Town of Southold Historic Preservation Commission." The Historic Preservation Commission shall consist of no fewer than five members and no greater than seven members, to be appointed by the Town Board, to the extent available in the community, as follows: [Amended 8-16-2005 by L.L. No. 13-2005] (1) At least one member shall be an architect experienced in working with historic buildings; (2) At least one member shall have demonstrated significant interest in and commitment to the field of historic preservation; and (3) All members shall have a known interest in historic preservation and architectural development within the Town of Southold. B. Members of the Historic Preservation Commission shall serve for terms of four years with the exception of the initial term of one of the members which shall be for one year, two which shall be for two years, and two which shall be for three years. C. There shall be a Secretary to the Commission who shall be responsible for the keeping of meeting minutes, publication of meeting minutes, posting of public notices and any other relevant duties. D. The Chair, the Vice Chair and the Secretary of the Commission shall be elected by and from the members of the Commission annually at the first regular meeting of the calendar year, except for the first organizational meeting convened after this chapter is enacted. E. The powers of the Commission shall include: (1) Employment of staff and professional consultants as necessary to carry out the duties of the Commission, within the limits of appropriations of the Town Board; (2) Promulgation of rules and regulations as necessary for the conduct of its business; (3) Conduct of surveys of significant historic, architectural, and cultural landmarks and historic districts within the Town; (4) Designation and recommendation of identified landmarks or resources as historic landmarks; (5) Recommend acceptance to the Town Board of the donation of facade easements and development rights, and the making of recommendations to the Town Board concerning the acquisition of facade easements or other interests of real property as necessary to carry out the purposes of this chapter; (6) Increasing public awareness of the value of historic, cultural, and architectural preservation by developing and participating in public education programs; (7) Making recommendations to Town government concerning the utilization of state, federal or private funds to promote the preservation of landmarks and historic districts within the Town; (8) Recommending acquisition of a landmark by the Town Board where its preservation is essential to the purposes of this chapter and where private preservation is not feasible; and (9) Approval or disapproval of applications for certificates of appropriateness of demolition, alteration.,new construction or economic hardship pursuant to this chapter. F. The Commission shall meet at least monthly, but meetings may be held at any time on the written request of any two of the Commission members or on the call of the Chair. Generated March 11, 2020 Page 53 Southold Town Board - Letter Board Meeting of March 10, 2020 G. A quorum for the transaction of business shall consist of three of the Commission's members, but not less than a majority of the full authorized membership may grant or deny a certificate of appropriateness. H. All members shall attend and complete relevant training programs as the Town Board may require. I. The Commission shall publish and update as needed A Guide to Historic Preservation in Southold Town. § 170-6 Certificate of appropriateness for alteration, demolition or new construction. A. No person shall carry out any of the following activities without first obtaining a certificate of appropriateness specifically permitting such activity from the Town of Southold Historic Preservation Commission: (1) The demolition or removal of landmarks designated as "historic" pursuant to § 170-5 of this chapter; or (2) The alteration of the facade of landmarks designated as "historic" pursuant to § 170-5 of this chapter; or (3) New construction on a site previouslypied by a landmark designated as "historic" pursuant to § 170-5 of this chapter. B. No demolition or building permit shall be issued for such activities without such certificate of appropriateness. The certificate of appropriateness required by this chapter shall be in addition to and not in lieu of any building permit that may be required by any other chapter of the Town Code of the Town of Southold. § 170-7 Application for certificate of appropriateness. A. In all cases where a certificate of appropriateness is required by the Historic Preservation Commission, an applicant shall provide the Historic Preservation Commission with the following information on the prescribed form: (1) Name, address and telephone number of the applicant; location, Tax Map number, and photographs of each side of the landmark; and a brief description of the landmark indicating (approximate) date of construction, name of architect(if known), historic and/or architectural and archaeological significance and a description of its setting, including related grounds, accessory buildings and structures and property boundaries, the nature of the work proposed, and elevation drawings, if available; (2) History of the recent (i.e., past 10 years) use, occupancy and ownership of the property; (3) Name, address and telephone number of the individual, contractor, or corporation performing the work; (4) Application fee receipt; and (5) Any information required by the Historic Preservation Commission to make a determination on an application. B. The Historic Preservation Commission shall hold a public hearing within 60 days after receipt of an application completed in accordance with this section. At the hearing, all interested persons shall be provided the opportunity to present their views. Notice of the public hearing shall be published at least once in a newspaper of general circulation in the Generated March 11; 2020 Page 54 Southold Town Board - Letter Board Meeting of March 10, 2020 Town, i.e., the Town's official newspaper, at least 10 days prior to the date of the public Hearing. At the hearing, the Historic Preservation Commission may take testimony and entertain the submission of written evidence from any person. C. Action on application. (1) The Historic Preservation Commission shall act to approve, deny or approve with conditions the application for a certificate of appropriateness within 60 calendar days after the conclusion of the hearing except where such time shall be extended by mutual agreement of the Historic Preservation Commission and the applicant. Such determination shall be in writing and accompanied by findings, which findings shall seek to balance, to the extent practicable, the objectives of the applicant with broader issues that may be associated with the value of the historic site or landmark to the community's heritage. Within seven days following the determination, the applicant shall be sent by registered mail either an a certificate of appropriateness or a denial and a copy thereof shall be provided to the Building Department of the Town. (2) In the case of the granting of a certificate of appropriateness, the Historic Preservation Commission shall be empowered to impose reasonable conditions upon the applicant to ensure that the activity is conducted in a manner which is consistent with the spirit and intent of this chapter. (3) A denial of the application shall be accompanied by a written statement of the reasons for the denial. In the case of denial, the Historic Preservation Commission shall be required to make recommendations to the applicant concerning reuse or restoration of the landmark. The Historic Preservation Commission may also notify a governmental agency with the authority to acquire the property and prevent its demolition through exercise of its power of eminent domain. § 170-8 Criteria for approval of alteration of facades of historic landmarks. A. The Historic Preservation Commission, in reviewing an application for the alteration of the facades of landmarks designated as "historic" pursuant to § 170-5 of this chapter, shall not consider changes to interior spaces. In addition to the factors enumerated in § 170-9 10A, the Commission shall consider the following criteria: (1) Whether the proposed alteration is consistent with principles of adaptive reuse, whereby the principal historic features of the landmark are maintained while permitting the use of the landmark for new uses other than its original use; (2) The similarity in design, architecture and appearance of the proposed alteration with the historic design, architecture and appearance; (3) The necessity for complying with the applicable building codes or other federal or state regulations; (4) The necessity of such alteration to allow for a use of the property permitted by the Town Code in the applicable zoning district; and (5) The public interest in preserving the historic features of the landmark and its relation to the historic character of the community and Town. 170-9 Criteria for approval of new construction on a site previously occupied by a historic landmark. Generated March 11, 2020 Page 55 Southold Town Board - Letter Board Meeting of March 10, 2020 A. The Historic Preservation Commission, in reviewing an application for new construction on a site previously occupied by a landmark designated as "historic" pursuant to 170-5 of this chapter, shall not consider changes to interior spaces. In addition to the factors enumerated in § 170-10A, the Commission shall consider the following criteria: (1) The similarity in design, architecture, scale, size and appearance of the new structure with the original structure being_replaced; (2) The necessity for complying with the applicable building codes or other federal or state regulations; (3) The necessity of such alteration to allow for a use of the property permitted by the Town Code in the applicable zoning district; and (4) The public interest in preserving the historic features of the landmark and its relation to the historic character of the community and Town. § 170-910 Criteria for approval of demolition or removal of historic landmarks. A. In passing upon an application for certificate of appropriateness of demolition or removal, the Historic Preservation Commission decision shall consider whether: (1) The landmark is of such architectural or historic interest that its demolition or removal would be to the detriment of the public interest; (2) Retention of the landmark in its current form or location is important to the Town's history or character; (3) The landmark is of such old and unusual or uncommon design, texture and material that it could not be reproduced or be reproduced only with great difficulty; (4) Retention of the landmark would help preserve and protect an historic place or area of historic interest in the Town; and (5) Retention of the landmark will promote the general welfare by maintaining and increasing real estate values and encourage interest in American and local history and architecture. B. If the Historic Preservation Commission determines that an application for certificate of appropriateness of demolition or removal should be denied, the applicant may apply for relief on the ground that the determination results in a hardship in accordance with the procedures in § 170-4-0 11. § 170-4-011 Hardship criteria for approval of demolition,removal, or alteration or new construction of historic landmarks. A. If the Historic Preservation Commission denies an application for the demolition, removal,e -alteration or new construction of a landmark designated as "historic" pursuant to § 170-10 of this chapter, the applicant may request approval from the Town Board on the grounds that the prohibition on such demolition,or removal, alteration or new construction will subject the applicant to undue hardship. In evaluating whether such prohibition will subject the applicant to undue hardship, the Town Board shall consider the following criteria: (1) Whether the owner is capable of earning a reasonable return on investment without such demolition, removal,or alteration or new construction; (2) Whether the landmark can be altered, restored, renovated or adapted for any other Generated March 11; 2020 Page 56 Southold Town Board - Letter Board Meeting of March 10, 2020 use pursuant to a certificate of appropriateness under this chapter, either by the owner or a subsequent purchaser, which would enable a reasonable return; (3) Whether removal_,of alteration or new construction is necessary or appropriate to preserve the landmark; (4) Whether the claimed hardship has been self-created by waste, neglect, or failure to maintain the landmark; and (5) The public interest in preserving the landmark and its relation to the historic character of the community and Town. B. Nothing herein shall be construed to prevent the demolition, removal or alteration of any structure which has been determined by resolution of the Town Board of the Town of Southold to be dangerous or unsafe. § 170-4-1- 12 Appeals. Any person aggrieved by a decision of the Historic Preservation Commission relating to an application under this chapter may, within 30 days of the decision, file a written application with the Town Board for review of the decision. Reviews shall be conducted based on the same record that was before the Commission and using the criteria set forth in this chapter. § 170-4-2 13 Enforcement. All activities conducted and work performed pursuant to a certificate of appropriateness issued by the Historic Preservation Commission under this chapter shall conform to the specific requirements of the certificate of appropriateness. It shall be the duty of the Code Enforcement Officer to inspect periodically any such activities or work to ensure compliance. In the event it is determined that such activities or work is not being conducted or performed in accordance with the certificate of appropriateness, the Code Enforcement Officer shall issue a stop-work order and all affected activities and work shall immediately cease. No further affected activities or work shall be undertaken while the stop-work order is in effect. § 170-4-314 Penalties for offenses. Any violation of the provisions of this chapter shall be violation of the Town Code and shall be punishable by a fine not to exceed $1,000. Each week's continuing violation shall constitute a separate violation. The Town Attorney is authorized and directed to cooperate with the Code Enforcement Officer to institute any and all actions and proceedings necessary to enforce this chapter. Any civil remedy shall be in addition to and not in lieu of any criminal prosecution or penalty. 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. Generated March 11, 2020 Page 57 Southold Town Board - Letter Board Meeting of March 10, 2020 Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr, Doherty, Ghosio, Evans, Russell ABSENT: Sarah E. Nappa Generated March 11, 2020 Page 58 Southold Town Board - Letter Board Meeting of March 10, 2020 �sarF°tr ° RESOLUTION 2020-255 Item# 5.39 ADOPTED ' DOC ID: 16116 A THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2020-255 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 10, 2020: WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 10th day of March, 2020, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 170, Landmark Preservation, in connection with the Historic Preservations Commission's jurisdiction over new construction" now,therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 711 day of April, 2020 at 7:01 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 170, Landmark Preservation, in connection with the Historic Preservations Commission's jurisdiction over new construction" reads as follows: LOCAL LAW NO. 2020 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 170, Landmark Preservation, in connection with the Historic Preservations Commission's jurisdiction over new construction" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. PURPOSE. The Town Board has reviewed the Chapter 170 of the Southold Town Code associated with Landmark Preservation and determined that the chapter requires revision in order to clarify of the role of the Historic Preservation Commission with respect to new construction on a site previously occupied by a landmarked property. II. AMENDMENT. Chapter 170 of the Code of the Town of Southold is hereby amended by removing the struck through portions and adding the underlined portions to read as follows: § 170-4 Historic Preservation Commission; membership; terms; powers and duties. Generated March 11, 2020 Page 52 Southold Town Board - Letter Board Meeting of March 10, 2020 A. There is hereby created a commission to be known as the "Town of Southold Historic Preservation Commission." The Historic Preservation Commission shall consist of no fewer than five members and no greater than seven members, to be appointed by the Town Board, to the extent available in the community, as follows: [Amended 8-16-2005 by L.L.No. 13-2005] (1) At least one member shall be an architect experienced in working with historic buildings; (2) At least one member shall have demonstrated significant interest in and commitment to the field of historic preservation; and (3) All members shall have a known interest in historic preservation and architectural development within the Town of Southold. B. Members of the Historic Preservation Commission shall serve for terms of four years with the exception of the initial term of one of the members which shall be for one year, two which shall be for two years, and two which shall be for three years. C. There shall be a Secretary to the Commission who shall be responsible for the keeping of meeting minutes, publication of meeting minutes, posting of public notices and any other relevant duties. D. The Chair, the Vice Chair and the Secretary of the Commission shall be elected by and from the members of the Commission annually at the first regular meeting of the calendar year, except for the first organizational meeting convened after this chapter is enacted. E. The powers of the Commission shall include: (1) Employment of staff and professional consultants as necessary to carry out the duties of the Commission, within the limits of appropriations of the Town Board; (2) Promulgation of rules and regulations as necessary for the conduct of its business; (3) Conduct of surveys of significant historic, architectural, and cultural landmarks and historic districts within the Town; (4) Designation and recommendation of identified landmarks or resources as historic landmarks; (5) Recommend acceptance to the Town Board of the donation of facade easements and development rights, and the making of recommendations to the Town Board concerning the acquisition of facade easements or other interests of real property as necessary to cavy out the purposes of this chapter; (6) Increasing public awareness of the value of historic, cultural, and architectural preservation by developing and participating in public education programs; (7) Making recommendations to Town government concerning the utilization of state, federal or private funds to promote the preservation of landmarks and historic districts within the Town; (8) Recommending acquisition of a landmark by the Town Board where its preservation is essential to the purposes of this chapter and where private preservation is not feasible; and (9) Approval or disapproval of applications for certificates of appropriateness of demolition, alteration, new construction or economic hardship pursuant to this chapter. F. The Commission shall meet at least monthly, but meetings may be held at any time on the written request of any two of the Commission members or on the call of the Chair. Generated March 11, 2020 Page 53 Southold Town Board - Letter Board Meeting of March 10, 2020 G. A quorum for the transaction of business shall consist of three of the Commission's members, but not less than a majority of the full authorized membership may grant or deny a certificate of appropriateness. H. All members shall attend and complete relevant training programs as the Town Board may require. I. The Commission shall publish and update as needed A Guide to Historic Preservation in Southold Town. § 170-6 Certificate of appropriateness for alteration, demolition or new construction. A. No person shall carry out any of the following activities without first obtaining a certificate of appropriateness specifically permitting such activity from the Town of Southold Historic Preservation Commission: (1) The demolition or removal of landmarks designated as "historic" pursuant to § 170-5 of this chapter; or (2) The alteration of the facade of landmarks designated as "historic" pursuant to § 170-5 of this chapter; or (3) New construction on a site previously occupied by a landmark designated as "historic"pursuant to 170-5 of this chapter. B. No demolition or building permit shall be issued for such activities without such certificate of appropriateness. The certificate of appropriateness required by this chapter shall be in addition to and not in lieu of any building permit that may be required by any other chapter of the Town Code of the Town of Southold. § 170-7 Application for certificate of appropriateness. A. In all cases where a certificate of appropriateness is required by the Historic Preservation Commission, an applicant shall provide the Historic Preservation Commission with the following information on the prescribed form: (1) Name, address and telephone number of the applicant; location, Tax Map number, and photographs of each side of the landmark; and a brief description of the landmark indicating (approximate) date of construction, name of architect (if known), historic and/or architectural and archaeological significance and a description of its setting, including related grounds, accessory buildings and structures and property boundaries, the nature of the work proposed, and elevation drawings, if available; (2) History of the recent (i.e., past 10 years) use, occupancy and ownership of the property; (3) Name, address and telephone number of the individual, contractor, or corporation performing the work; (4) Application fee receipt; and (5) Any information required by the Historic Preservation Commission to make a determination on an application. B. The Historic Preservation Commission shall hold a public hearing within 60 days after receipt of an application completed in accordance with this section. At the hearing, all interested persons shall be provided the opportunity to present their views. Notice of the public hearing shall be published at least once in a newspaper of general circulation in the Generated March 11, 2020 Page 54 Southold Town Board - Letter Board Meeting of March 10, 2020 Town, i.e.,the Town's official newspaper, at least 10 days prior to the date of the public Hearing. At the hearing,the Historic Preservation Commission may take testimony and entertain the submission of written evidence from any person. C. Action on application. (1) The Historic Preservation Commission shall act to approve, deny or approve with conditions the application for a certificate of appropriateness within 60 calendar days after the conclusion of the hearing except where such time shall be extended by mutual agreement of the Historic Preservation Commission and the applicant. Such determination shall be in writing and accompanied by findings, which findings shall seek to balance, to the extent practicable, the objectives of the applicant with broader issues that may be associated with the value of the historic site or landmark to the community's heritage. Within seven days following the determination, the applicant shall be sent by registered mail either an a certificate of appropriateness or a denial and a copy thereof shall be provided to the Building Department of the Town. (2)- In the case of the granting of a certificate of appropriateness,the Historic Preservation Commission shall be empowered to impose reasonable conditions upon the applicant to ensure that the activity is conducted in a manner which is consistent with the spirit and intent of this chapter. (3) A denial of the application shall be accompanied by a written statement of the reasons for the denial. In the case of denial,the Historic Preservation Commission shall be required to make recommendations to the applicant concerning reuse or restoration of the landmark. The Historic Preservation Commission may also notify a governmental agency with the authority to acquire the property and prevent its demolition through exercise of its power of eminent domain. § 170-8 Criteria for approval of alteration of facades of historic landmarks. A. The Historic Preservation Commission, in reviewing an application for the alteration of the facades of landmarks designated as "historic" pursuant to § 170-5 of this chapter, shall not consider changes to interior spaces. In addition to the factors enumerated in § 170-910A, the Commission shall consider the following criteria: (1) Whether the proposed alteration is consistent with principles of adaptive reuse, whereby the principal historic features of the landmark are maintained while permitting the use of the landmark for new uses other than its original use; (2) The similarity in design, architecture and appearance of the proposed alteration with the historic design, architecture and appearance; (3) The necessity for complying with the applicable building codes or other federal or state regulations; (4) The necessity of such alteration to allow for a use of the property permitted by the Town Code in the applicable zoning district; and (5) The public interest in preserving the historic features of the landmark and its relation to the historic character of the community and Town. 170-9 Criteria for approval of new construction on a site previously occupied by a historic landmark. Generated March 11, 2020 Page 55 Southold Town Board - Letter Board Meeting of March 10, 2020 A. The Historic Preservation Commission, in reviewingan n gpplication for new construction on a site previously occupied by a landmark designated as "historic"pursuant to § 170-5 of this chapter, shall not consider changes to interior spaces. In addition to the factors enumerated in § 170-10A, the Commission shall consider the following criteria: (1) The similarity in design, architecture, scale, size and appearance of the new structure with the original structure being replaced; (2) The necessity for complying with the applicable building codes or other federal or state regulations; (3) The necessity of such alteration to allow for a use of the property permitted by the Town Code in the applicable zoning district; and (4) The public interest in preserving the historic features of the landmark and its relation to the historic character of the community and Town. § 170-310 Criteria for approval of demolition or removal of historic landmarks. A. In passing upon an application for certificate of appropriateness of demolition or removal, the Historic Preservation Commission decision shall consider whether: (1) The landmark is of such architectural or historic interest that its demolition or removal would be to the detriment of the public interest; (2) Retention of the landmark in its current form or location is important to the Town's history or character; (3) The landmark is of such old and unusual or uncommon design, texture and material that it could not be reproduced or be reproduced only with great difficulty; (4) Retention of the landmark would help preserve and protect an historic place or area of historic interest in the Town; and (5) Retention of the landmark will promote the general welfare by maintaining and increasing real estate values and encourage interest in American and local history and architecture. B. If the Historic Preservation Commission determines that an application for certificate of appropriateness of demolition or removal should be denied,the applicant may apply for relief on the ground that the determination results in a hardship in accordance with the procedures in § 170-4-0 11. § 170-4-011 Hardship criteria for approval of demolition,removal, or alteration or new construction of historic landmarks. A. If the Historic Preservation Commission denies an application for the demolition, removal,er-alteration or new construction of a landmark designated as "historic" pursuant to § 170-10 of this chapter, the applicant may request approval from the Town Board on the grounds that the prohibition on such demolition,of removal, alteration or new construction will subject the applicant to undue hardship. In evaluating whether such prohibition will subject the applicant to undue hardship, the Town Board shall consider the following criteria: (1) Whether the owner is capable of earning a reasonable return on investment without such demolition,removal,of alteration or new construction; (2) Whether the landmark can be altered, restored, renovated or adapted for any other Generated March 11, 2020 Page 56 Southold Town Board - Letter Board Meeting of March 10, 2020 use pursuant to a certificate of appropriateness under this chapter, either by the owner or a subsequent purchaser, which would enable a reasonable return; (3) Whether removals of alteration or new construction is necessary or appropriate to preserve the landmark; (4) Whether the claimed hardship has been self-created by waste, neglect, or failure to maintain the landmark; and (5) The public interest in preserving the landmark and its relation to the historic character of the community and Town. B. Nothing herein shall be construed to prevent the demolition, removal or alteration of any structure which has been determined by resolution of the Town Board of the Town of Southold to be dangerous or unsafe. § 170-4412 Appeals. Any person aggrieved by a decision of the Historic Preservation Commission relating to an application under this chapter may, within 30 days of the decision, file a written application with the Town Board for review of the decision. Reviews shall be conducted based on the same record that was before the Commission and using the criteria set forth in this chapter. § 170-4-213 Enforcement. All activities conducted and work performed pursuant to a certificate of appropriateness issued by the Historic Preservation Commission under this chapter shall conform to the specific requirements of the certificate of appropriateness. It shall be the duty of the Code Enforcement Officer to inspect periodically any such activities or work to ensure compliance. In the event it is determined that such activities or work is not being conducted or performed in accordance with the certificate of appropriateness, the Code Enforcement Officer shall issue a stop-work order and all affected activities and work shall immediately cease. No further affected activities or work shall be undertaken while the stop-work order is in effect. § 170-4-314 Penalties for offenses. Any violation of the provisions of this chapter shall be violation of the Town Code and shall be punishable by a fine not to exceed $1,000. Each week's continuing violation shall constitute a separate violation. The Town Attorney is authorized and directed to cooperate with the Code Enforcement Officer to institute any and all actions and proceedings necessary to enforce this chapter. Any civil remedy shall be in addition to and not in lieu of any criminal prosecution or penalty. 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 I This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Generated March 11, 2020 Page 57 Southold Town Board - Letter Board Meeting of March 10, 2020 Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr, Doherty, Ghosio, Evans, Russell ABSENT: Sarah E.Nappa Generated March 11, 2020 Page 58