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HomeMy WebLinkAboutHistorical Property Tax Ex 2001~ohn & lVinrty Farris 7.$0 willow Terrace I .ane Orient, NY 11957 Mai/lng .4ddress: 13~0 Flagler Dr. Mamaroneck, th' ~0543-4603 Phone: 9~4-38~-5073 Fax: 9~4-698-2096 June 4, 2001 Ns. lean W. Cochran, Supervisor Town of Southold Town Hall 53095 Main Road P. O. Box 1179 Southold, NY 11971 Dear Ms. Cochran: We have most recenUy reviewed the ordinance that is being proposed and considered for historic districts, such as Orient's Village Lane and the surrounding area. While we are very much in support of the preservation of the homes and even the district, we think additional consideration should be given to many facets of the proposed ordinance. We ourselves have purchased the Douglass property off Village Lane, an 80 yr. old home that has been totally restored to its original beauty and charm. We would be very careful and concerned about appoinUng any more government or volunteer committees/boards to dictate to people what they can and cannot do with their properties as well as whether they will be on the historic registry or included in the historic district or not. We might be very much in favor of that, but we would certainly not want that to be automatically assumed by a seven-member board without our input. Again, we feel the preservation of the Odent histodc district is vitally important but we are against mandating to people what they can or cannot do including what they must do. We read all of those things in the new proposed ordinance. To give you an example of the problems we have had, we have spent two years and a great deal of money redoing our property and home and doing what we felt was correct by applying to the Town of Southold for the rebuilding of our dock. We were approved by Southold as well as other agencies and then tumed down by DEC. Not to belabor the point, but this dock has been behind the Douglass property on Willow Terrace Lane for 50 years. We have pictures of this dock from the 1950% or earlier. It is ridiculous that we might have to go through court battles for repairs to our dock/pier that would have been taken care of years ago if the Douglass' had the financial ability to do so. We have New York State telling us what we can do and what we cannot do. The dock sits behind our house in disrepair, is a blight on the Odent waterfront and a hazard to all concerned should there be a hurricane or a severe nor'easter. I mention the above because we are very disappointed with government agencies, the lack of understanding involved here and who knows what would transpire if a seven member board could tell everyone in our Village what they can and cannot do with their properties. It would seem to us that this would foster lilJgaUon with no provision for legal expenses, etc. In any event, while we are members of the Odent Historical Society and very suppoddve of the effort to keep our community the wonderful historic distdct that it is, we would suggest a very careful review of these ordinances as is suggested by the petil~on now being signed by vadous community and concerned residents. Thank you for your consideration. With kindest regards, .lohn Farris PHOEBE COHEN 1915VILLAGE LANE ORIENT N, Y. 11957 631-323-2519 870 FIFTH AVENUE NEW YORK NY 10021 212-249-2790 Ms. Jean W. Cochran Supervisor, Town of Southold Town Hall P.O. Box 1179 Southold NY 11979 12 June 2001 Dear Ms. Cochran, On May 12 I wrote to you opposing the proposed Historic Preservation Law. This letter was subsequently printed in the Suffolk Times. I do not want to go over the same issues again, but I understand that Southold Town is seriously considering enacting some sort of preservation law shortly. I am sure you are aware of the intense community opposition to this law in Orient. I would like to call your attention to the note in the July 1 issue of Bottom Line Personal magazine "Beware of buying property in any historic district:" (copy enclosed) This is a national personal finance magazine with a wide readership. The real estate attorney giving this advice is obviously all too familiar with problems resulting from restrictive historic preservation laws. Southold Town might realize some short-term economic benefit from governmental incentives to enacting preservation laws. Over the long term, however, this would be more than offset by the decline in property values caused by these laws. Certainly any town tax receipts based on property values would be adversely impacted, to say nothing of the economic losses sustained by town residents. Thank you very much for your attention. Sincerely, Phoebe Cohen VOLUME 22 NUMBER 13 $4.q0 JULY 1,2001 Inside Information , .......... ,,v 'I~To gasoline price drop tiffs sum- } 1~ mcr, we hear from analyst Barry Sahgal. Demand rem~s strong, caus- ing a drop in inventories. Prices for crude oil, from which gas is derived, had come down but are turning up. US o'tl-refirfing capacity remains fight~ with no new ca- pacity in more than 20 years. It has been hard to increase hnporks from Europe, where regulation slows production. 6hal- look: 81.50 to 81.75 per gallon for mfleaded regular...higher in Califonfia, Chicago, Connecticut and upstate New York Murray ar Co., Inc., a brokerage fi~n hi New York CiB~ Don't expect mort~,,age rates to faht--despite the Fed s five interest rote cuts, says Keith Gumbinger. Mort- T s the bear jnarket over? 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But over longer peri- ods-five years or more--swings iix currencies even out, neutralizing a port- folio's currency .risk. And the cost of hedging this risk may eat into returus. Inlernafional fund prospectuses usually say managers have the abifity to hedge, but most only do so opportunistically. TOp performers that don't hedge: Arfisan International Fund (800-344-1770)... Harbor international Fund (8004'22-1050). ,several hooks, b~duding the for thcoming J.K Lasser's Ne~g/~jor Estate Plannin~ a. nd Tax (Wilelr) Beware of bu3nng property in any historic district. Real estate in historic districts is regulated by special laws and, in certain circumstances, can be developed only in accordance with the requirements of an architec- turai review board. Even vacant lots may come und. er such review. These boards may operate in ways that seem unfriendly to newcomers and to cur- rent residents who want to make changes to their homes. 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CNna Marketing/ 5,~.~ Re~earch, Bandon, Oregon ...and your trawls ~ Cruise lines' airline bookings c*m be extremely inconvenient. Because flights are crowded and airlines make little profit from tickets sold through cruise lkies, these flights often require stopovers and plane changes. You do not learn until 30 to 45 days before sailing what your flight route will be. Self- defense: Cons'tder paying extra--usually 835 per person--for air deviation, which lets you specify a nonstop flight or a specific airline. But: If your airline ticket costs more than the cruise line's usual seats, you will be charged the difference. Caution: Even if you book through the cruise line, don't assume that a ship will wait for you if your flight is delayed. It may sail without you. Herbert J, Teison, edltot; Travel Smart, 40 Beechdale Rd., Dobbs Ferry, New York 10522. 12 issues. 839/yr. ~ Parking-ticket surcharges are ...voryvory personal leave them in your car. When you are common on rental cars, Many rental- [~ Best baldness treatment: Fol- ready to leave the beach, open the jugs car companies charge administra- licular unit transplantation. Surgeons and pour the water over yourselves. It five fees of 810 to 825 il' you get .......................... Bottom Line JULY 1, 2001 PERSONAL 15 PETITION SOUTHOLD TOWN BOARD We, the undersigned, Orient residents all ask the Town Board to reconsider your plan to create a Certified Local Government and or a Landmark Preservation Commission for but not limited to the following reasons. 1. Orient will be deprived of '!equal protection under the law", by setting Orient apart from our sister hamlets i.e. Southold, New Suffolk, Mattituck. By establishing a quasi-judicial body, an Orient Historic Preservation Commission, the Southold Town Board is creating an appointed body to make rules and regulations that is NOT responsible to the voters of Orient. The supposed Local Waterfront Revitalization Plan is not a justifiable reason for Orienter's for establishing an OHPC with or without a Review Board. The LWRP is a Whole Town responsibility, if the Whole Town so chooses, not Orienter's alone. 4. Supervisor Jean Cochran has stated on numerous occasions that she could not support any HISTORIC DISTRICT PRESERVATION COMMISSION where there was not overwhelming community support. For the above stated reasons but not limited to we the undersigned urgently ask the Town Board to reconsider creating any Certified Local Government or Landmark Preservation Commission. NAME ADDRESS /zd 2.5 Orc¼otd V,'ll%.r t.,xu PETITION SOUTHOLD TOWN BOARD We, the undersigned, Orient residents all ask the Town Board to reconsider your plan to create a Certified Local Government and or a Landmark Preservation Commission for but not fimited to the following reasons. 1. Orient will be deprived of "equal protection under the law", by setting Orient apart from our sister hamlets i.e. Southold, New Suffolk, Mattituck. By establishing a quasi-judicial body, an Orient Historic Preservation Conmtission, the Southold Town Board is creating an appointed body to make rules and regulations that is NOT responsible to the voters of Orient. The supposed Local Waterfront Revitalization Plan is not a justifiable reason for Orienter's for establishing an OHPC with or without a Review Board. The LWRP is a Whole Town responsibility, if the Whole Town so chooses, not Orienter's alone. Supervisor Jean Cochran has stated on numerous occasions that she could not support any HISTORIC DISTRICT PRESERVATION COMMISSION where there was not overwhelming community support. For the above stated reasons but not limited to we the undersigned urgently ask the Town Board to reconsider creating any Certified Local Government or Landmark Preservation Commission. NAME ADDRESS PETITION SOUTHOLD TOWN BOARD We, the undersigned, Orient residents all ask the Town Board to reconsider your plan to create a Certified Local Government and or a Landmark Preservation Commission for but not limited to the following reasons. 1. Orient will be deprived of "equal protection under the law", by setting Orient apart from our sister hamlets i.e. Southold, New Suffolk, Mattituck. By establishing a quasi-judicial body, an Orient Historic Preservation Commission, the Southold Town Board is creating an appointed body to make rules and regulations that is NOT responsible to the voters of Orient. The supposed Local Waterfront Revitalization Plan is not a justifiable reason for Orienter's for establishing an OHPC with or without a Review Board. The LWRP is a Whole Town responsibility, if the Whole Town so chooses, not Orienter's alone. Supervisor Jean Cochran has stated on nmnerous occasions that she could not support any HISTORIC DISTRICT PRESERVATION COMMISSION where there was not overwhelming community support. For the above stated reasons but not limited to we the undersigned urgently ask the Town Board to reconsider creating any Certified Local Government or Landmark Preservation Commission. 2. .b caZ V ,) 30O PETITION SOUTHOLD TOWN BOARD We, the undersigned, Orient residents all ask the Town Board to reconsider your plan to create a Certified Local Governtnent and or a Landmark Preservation Commission for but not limited to the following reasons. 1. Orient will be deprived of "equal protection under the law", by setting Orient apart from our sister hamlets i.e. Southold, New Suffolk, Mattituck. By establishing a quasi-judicial body, an Orient Historic Preservation Commission, the Southold Town Board is creating an appointed body to make rules and regulations that is NOT responsible to the voters of Orient. The supposed Local Waterfront Revitalization Plan is not a justifiable reason for Orienter's for establishing an OHPC with or without a Review Board. The LWRP is a Whole Town responsibility, if the Whole Town so chooses, not Orienter's alone. Supervisor Jean Cochran has stated on numerous occasions that she could not support any HISTORIC DISTRICT PRESERVATION COMMISSION where there was not overwhelming community support. For the above stated reasons but not limited to we the undersigned urgently ask the Town Board to reconsider creating any Certified Local Government or Landmark Preservation Commission. NAME 8. 9. ~ ""h' · ADDRESS PETITION SOUTHOLD TOWN BOARD We, the undersigned, Orient residents all ask the Town Board to reconsider your plan to create a Certified Local Government and or a Landmark Preservation Commission for but not limited to the following reasons. I. Orient will be deprived of"equal protection under the law", by setting Orient apart from our sister hamlets i.e. Southold, New Suffolk, Mattituck. By establishing a quasi-judicial body, an Orient Historic Preservation Commission, the Southold Town Board is creating an appointed body to make rules and regulations that is NOT responsible to the voters of Orient. The supposed Local Waterfront Revitalization Plan is not a justifiable reason for Orienter's for establishing an OHPC with or without a Review Board. The LWRP is a Whole Town responsibility, if the Whole Town so chooses, not Orienter's alone. Supervisor Jean Cochran has stated on numerous occasions that she could not support any HISTORIC DISTRICT PRESERVATION COMMISSION where there was not overwhelming community support. For the above stated reasons but not limited to we the undersigned urgently ask the Town Board to reconsider creating any Certified Local Government or Landmark Preservation Commission. ADDRESS PETITION SOUTHOLD TOWN BOARD We, the undersigned, Orient residents all ask the Town Board to reconsider your plan to create a Certified Local Government and or a Landmark Preservation Commission for but not limited to the following reasons. 1. Orient will be deprived of "equal protection under the law", by setting Orient apart from our sister hamlets i.e. Southold, New Suffolk, Mattituck. By establishing a quasi-judicial body, an Orient Historic Preservation Commission, the Southold Town Board is creating an appointed body to make rules and regulations that is NOT responsible to the voters of Orient. The supposed Local Waterfront Revitalization Plan is not a justifiable reason for Orienter's for establishing an OHPC with or without a Review Board. The LWRP is a Whole Town responsibility, if the Whole Town so chooses, not Orienter's alone. Supervisor Jean Cochran has stated on numerous occasions that she could not support any HiSTORIC DISTRICT PRESERVATION COMMISSION where there was not overwhelming community support. For the above stated reasons but not limited to we the undersigned urgently ask the Town Board to reconsider creating any Certified Local Government or Landmark Preservation Commission. NAME 3 ~ ADDRESS PETITION SOUTHOLD TOWN BOARD We, the undersigned, Orient residents all ask the Town Board to reconsider your plan to create a Certified Local Government and or a Landmark Preservation Commission for but not limited to the following reasons. 1. Orient will be deprived of "equal protection under the law", by setting Orient apart from our sister hamlets i.e. Southold, New Suffolk, Mattituck. By establishing a quasi-judicial body, an Orient Historic Preservation Cormnlssion, the Southold Town Board is creating an appointed body to make rules and regulations that is NOT responsible to the voters of Orient. The supposed Local Waterfront Revitalization Plan is not a justifiable reason for Orienter's for establishing an OHPC with or without a Review Board. The LWRP is a Whole Town responsibility, if the Whole Town so chooses, not Orienter's alone. Supervisor Jean Cochran has stated on numerous occasions that she could not support any HISTORIC DISTRICT PRESERVATION COMMISSION where there was not overwhelming community support. For the above stated reasons but not limited to we the undersigned urgently ask the Town Board to reconsider creating any Certified Local Government or Landmark Preservation Commission. NAME ADDRESS ' · - . /_/ PETITION SOUTHOLD TOWN BOARD We, the undersigned, Orient residents all ask the Town Board to reconsider your plan to create a Certified Local Government and or a Landmark Preservation Commission for but not limited to the following reasons. 1. Orient will be deprived of "equal protection under the law", by setting Orient apart from our sister hamlets i.e. Southold, New Suffolk, Mattituck. By establishing a quasi-judicial body, an Orient Historic Preservation Commission, the $outhold Town Board is creating an appointed body to make rules and regulations that is NOT responsible to the voters of Orient. The supposed Local Waterfront Revitalization Plan is not a justifiable reason for Orienter's for establishing an OHPC with or without a Review Board. The LWRP is a Whole Town responsibility, if the Whole Town so chooses, not Orienter's alone. Supervisor Jean Cochran has stated on numerous occasions that she could not support any HISTORIC DISTRICT PRESERVATION COMMISSION where there was not overwhehning community support. For the above stated reasons but not limited to we the undersigned urgently ask the Town Board to reconsider creating any Certified Local Government or Landmark Preservation Commission. NAIvlE ADDRESS PETITION SOUTHOLD TOWN BOARD We, the undersigned, Orient residents all ask the Town Board to reconsider your plan to create a Certified Local Government and or a Landmark Preservation ConUmssion for but not limited to the following reasons. 1. Orient will be deprived of "equal protection under the law", by setting Orient apart from our sister hamlets i.e. Southold, New Suffolk, Mattituck. By establishing a quasi-judicial body, an Orient Historic Preservation Comnfission, the Southold Town Board is creating an appointed body to make rules and regulations that is NOT responsible to the voters of Orient. The supposed Local Waterfront Revitalization Plan is not a justifiable reason for Orienter's for establishing an OHPC with or without a Review Board. The LWRP is a Whole Town responsibility, if the Whole Town so chooses, not Orienter' s alone. Supervisor Jean Cochran bas stated on numerous occasions that she could not support any HISTORIC DISTRICT PRESERVATION COMMISSION whe~'e there was not overwhelming community support. For the above stated reasons but not limited to we the undersigned urgently ask the Town Board to reconsider creating any Certified Local Government or Landmark Preservation Commission. NAME ADDRESS PETITION SOUTHOLD TOWN BOARD We, the undersigned, Orient residents all ask the Town Board to reconsider your plan to create a Certified Local Government and or a Landmark Preservation Commission for but not limited to the following reasons. Orient will be deprived of "equal protection under the law", by setting Orient apart from our sister hamlets i.e. Southold, New Suffolk, Mattituck. By establishing a quasi-judicial body, an Orient Historic Preservation Commission, the Southold Town Board is creating an appointed body to make rules and regulations that is NOT responsible to the voters of Orient. The supposed Local Waterfront Revitalization Plan is not a justifiable reason for Orienter's for establishing an OHPC with or without a Review Board. The LWRP is a Whole Town responsibility, if the Whole Town so chooses, not Orienter's alone. Supervisor Jean C~chran has stated on numerous occasions that she could not support any HISTORIC DISTRICT PRESERVATION COMMISSION where there was not overwhelming community support. For the above stated reasons but not limited to we the undersigned urgently ask the Tdwn Board to reconsider creating any Certified Local Government or Landmark Preservation Commission. SOUTHOLD TOWN BOARD PHOEBE COHEN PAGE // We, the undersigned, Orient residents all ask the Town Board to reconsider your plan to create a Certifie<l Local Oovemn~ent and or a Landmark Preservation Com~ssion for but not limited to the following Orient will be deprived of "e~qual protection under the law", by setting Orient apart from our sister hamlets i.e, Southold, New Suffolk. Mattituck. By establishing a quasi-judicial body, an Orient Historic Preservation Commission, the Southotd Town Board is creating an appointed body to make rules and regulations that is NOT responsible to the voters of Orient. 3. The supposed Local Waterfront Revitalization Plan is not a justifiable reason for Orienter's for establishing an OFIPC with or without n Review Bo~rd. The LWRP is a Whole Town responsibility, if the Whole Town so chooses, not Orienter's atone. 4. Supervisor Jean Cochran has stated on numerous occasions that she could not support any HISTORIC DISTRICT PRESERVATION COMMISSION where there was not overwhelnung community support. For the above stated reasons but not limited to we the undersigned urgently ask the Town Board to reConsider creating any Certified Local {3ovemment or Landmark Preservation Comanission. tO. PETITION SOUTHOLD TOWN BOARD We, the undersigned, Orient residents all ask the Town Board to reconsider your plan to create a Certified Local Government and or a Landmark Preservation Commission for but not limited to the following reasons. 1. Orient will be deprived of "equal protection under the law", by setting Orient apart from our sister hamlets i.e. Southold, New Suffolk, Mattituck. By establishing a quasi-judicial body, an Orient Historic Preservation Commission, the Southold Town Board is creating an appointed body to make rules and regulations that is NOT responsible to the voters of Orient. The supposed Local Waterfront Revitalization Plan is not a justffiable reason for Onenter s fo establishing an OHPC with or without a Review Board. The LWRP is a Whole Town responsibility, if the Whole Town so chooses, not Orienter's alone. Supervisor Jean Cochran has stated on numerous occasions that she could not support any HISTORIC DISTRICT PRESERVATION COMMISSION where there was not overwhelming community support. For the above stated reasons but not limited to we the undersigned urgently ask the Town Board to reconsider creating any Certified Local Government or Landmark Preservation Commission. 2. 3. 4. 5. 6. NAME ADDRESS 10. SOMEONE ONCE CREATED A VERY PROFOUND PHRASE TO DESCRIBE THE PROPOSED LAW FOR HISTORIC DISTRICTS IN THE TOWN ON SOUTHOLD: THE ROAD TO HELL IS PAVED WITH GOOD INTENTIONS. THE OVERVIEW (^s i see it) With all due respect to the decent people in Orient who want to see this law pass, it's all about money. The Township of Southold will receive federal grants, or federal monies through the state, for every new historic district. This money will be used for every other purpose but the historic district. In essence, the rights of property owners in Orient--unlike the rest of the township--will be taken away. The outside of every house in the historic district will be bascially subject to federal law because of the grants. Passing of the law will mean an automatic easement of properties -~::_ ~'thin the historic district. In essence, an easement on your property without just compensation. Your property physically invaded by government and third parties. One law applicable for all, will not apply to residents of historic districts. A committee will tell you if your roof needs fixing or your house is subject to be fined because of "detorioration of exterior walls, chimneys, or stucco." The empty shell of ownership one private property rights organization called it. Of course, as I heard one supporter of the law say, "Well, you still own the inside of your house." Thanks a lot. THE TOWN COUNCIL HAS NO AUTHORITY WITHOUT THE CONSENT OF THE PROPERTY OWNERS. The National Historic Preservation Act as amended to 1992, section 101 (a) paragraph 6, plainly states, "If the owner or owners of such property, or a majority of owners of the properties within the district in the case of an historic district, shall be given the opporUmity (including a reasonable period of time) to concur in, or object to the nomination of the property or district for such inclusion or designation. If the owner or owners of any privately owned property, or a majority of the owners of such properties within the district in the case of an historic district, object to such inclusion or designation, such property shall not be included on the National Register or designated as a National Historic Landmark. Further any historic district designation that exisisted before 1980 is subject to the requirements of this paragraph and that includes historic designations by any state accepting federal funds. THE USE OF POLICE POWERS The use of heavy frees is perhaps the most insidious part of the law before us. No where in the National Historic Preservation Act are such extreme measures mentioned. Basically if enough fines are levied against you, under the police powers given state and local governments, your property can be taken away from you for failure to pay the fines. LITTLE CHANCE OF A DAY IN COURT Before an injustice against you under the proposed law can be heard in Federal District Court, property owners must ".exhaust all administrative remedies." Which means dealing with the local government and state who've ruled against you in the first place. According to a Congressional Report, it takes an average of 9 years for a "Taking Claim" to reach a Federal court. Not to mention the thousands of dollars it will cost you to get to court. Because of so many cases throughout the country of private property rights being taken away by regulations imposed by laws like the Historic Preservation Law of Southold Town, the House of Representatives passed the Private Property Rights implementation Act which allows property owners to bypass local and state governments. However, the law is currently being tied up in the Senate. THE MYTH OF HIGHER PRICES FOR PROPERTY IN HISTORIC DISTRICTS. Being part of an historic district means there's an easement against the outside of your house. You don't own it. The outside of your home is owned by the local, state, and federal governments. If you owned it you could do what you wanted with it (within reason). To quote common law:. Property refers not simply to the underlying estate but to all the uses that can be made of that estate. And under the historic designation, you don't own the outside of your home. While some prospective property owners may like that idea, many won't. Who wants to deal with a committee telling you what you can do with the outside of your house? What's more, the PR baloney going around about prices being higher for homes in historic districts is not based on qualitative research. The truth is many real estate associations have been pressing Congress for tax deductions for residents of historic districts because they know it will make their job easier. Simply stated, easements reduce property values. FINALLY, WHO WANTS MORE REGULATION IN OUR LIVES? Do we really want committees telling us their standards are better than our standards? Checking our homes every season to see if they pass muster for the new tourist season? Remember, for every historic district there will be a new bureacracy to make someone's life in this township miserable. Earl Carter, PO Box 164, Orient New York 11957 RECEIVED BAY 2 2 2001 ~outhold Towa Cle~ EARL CARTER 1405 VILLAGE LANE BOX 164 Orient, New York, 11957 Town Council c/o Town Clerk Town Hall Southold New York, Dear Town Council members, I'm at a loss to understand how you can legally impose new regulations on an historic district that was established under a different set of federal regulations. Since when can local laws amend federal laws? When the present historic district was founded in 1976, the current regulations you intend to impose to receive money from the state, did not exist. Although the Historic Preservation Act was amended, beginning in 1980, to include grants to the states, they made it very clear that it would have to be subject to 101 (a) paragraph 6. The reason is obvious. It was the federal govennents way of amending the act without interferring with the rights of property owners who did not agree to the current regulations. To impose your new regulations, you must have the majority of Orient residents agreeing to your new standards for an historic designation. What's more, your wording like "watershed" changes the boundaries of the district, and any changes according to federal law must be printed in the Federal Register. I suspect you'll just forge ahead, as did the Town Council when the garbage dump was breaking the law, and do what you want to do. But you better hire a damn good constitutional lawyer. Because as of today, .you are not following the rules. Earl Carter We have had a number of opportunities to address the board over the past 18 months, for which we are very grateful. Tonight the floor should belong to others. However, a brief statement is necessary, simply to clari- fy our position. We believe that the current draft laws have been carefully crafted to strike a reasonable balance between the need to respect the property rights of the individual homeowner on the one hand, and the need to safeguard the integrity of our historic community on the other. Those who are philo- sophically opposed to the role of government will find little to cheer about in these new laws. Likewise those who are continually dismayed when any historic property is altered or lost will be disappointed that we haven't gone further. We can all agree that we need to protect what we currently enjoy, but can we now find the collective will that is required to go beyond simply talking about it? A careful reading of the historic preservation law will reveal that it is indeed extremely limited in scope. The emphasis has been placed on establishing clearly defined historic districts throughout Southold. The preservation of contiguous, clearly defined areas within our town, benefits not just those who choose to live in a historic property but all who live on or visit the North Fork. This is not a blanket, all encompassing, draconian attempt to enforce undue hardship on anybody who happens to own an old home. It is genuinely intended to provide added protection for those people who value what is so special about Southold. At the same time there are substantial limits to the law, and it is these lim- itations that make this law reasonable. Firstly, the law only pertains to the aspect of a historical property that is visible from the right of way (or in some instances in New Suffolk and Orient, from the waterfront). That's all, period. Not the sides, not the back, not the landscaping, not the light fixtures, sidewalks, fences, steps, paving or other exterior elements. And not the inside (unless it is a public space), tt doesn't dictate paint colors. Secondly, the law isn't triggered until the owner applies for a building permit. Thirdly, the entire review process is limited to twenty-one days, beginning to end. Fourthly, the members of the Historic Preservation Commission will be professionally trained, and will have access to the expertise of many more qualified people throughout the state. Current town law does not preclude the owner from demolishing the building and erecting what he or she chooses. In principle, we agree that the rights ox e owner should be most importm, But it's interesting to consider the following: The average American lives in slightly more than six homes in his or her lifetime. Given a life expectancy of, let's say 84 years, that would mean that the average length of ownership is approxi- mately 14 years. So, we feel that it is important to balance the sanctity of an individual's property rights on the one hand, versus the relative impor- tance of preserving the historical integrity of our community. Our current obsession with property, and the value of real estate as an investment should not be allowed to diminish the importance of the historical record. Some Background Economics Powerful economic benefits flow to places that stress historic preservation. It is a simple equation: For every $1 million spent rehabilitating historic property in New York State, approximately $1.9 million is added to the local economy. Statewide 170 municipalities ranging from the village of Oswego to New York City, have ordinances establishing local landmarks and historic dis- tricts. Approximately 80,000 individual properties are currently on the National Register. Historic preservation can and should be used as a central component of long-term economic development and planning for our community. Historic preservation makes good economic sense. Construction There is a misconception that historic preservation does not provide as many jobs as new construction. Since the construction industry is such an important part of our local economy it is important to understand the impact of this law on our economy. In fact, rehabilitation of historic structures is more labor intensive than new construction. $1million spent on the rehabilitation of a historic building in New York State, will add $86,000 more to the local household income than will the same amount spent on new construction. That same million dollars invested in preservation construction creates five more construction jobs and three more permanent jobs than does $1million invested in new construction. Historic preservation is an excellent source of jobs. Visitors to ~ Jthold Travelers who participate in historical and cultural activities are a lucrative and growing market. Nationwide, 92 million people included a cultural or historic activity on their trip in 1997-98. 63million adults visited a historic building or site while travelling. Historical and cultural travelers spend more than others ($688 per trip ver- sus $367 for other travelers). They also take longer trips and tend to stay in commercial lodging rather than private homes. In 1999, statewide travel was $30billion, creating 400,000 jobs, equivalent to 5% of the private sector workforce. For a town whose economy is so heavily dependent on the income pro- duced by visitors to our area, we suggest that we cannot afford to overlook the importance of historic preservation. Tax Advantages Historic preservation creates eligibility for tax credits and other incentives. In addition to the Tax Exemption for alterations of historic property to be discussed here tonight, which will provide a ten year abatement in real estate taxes, there is a pending bill at the state level which is proposed in Governor Pataki's 2001-2002 State Budget. The program will allow a tax- payer to take a credit against his or her personal income tax equal to 15%- 25% of the cost of restoring a home designated as a historic property. If the credit exceeds the taxpayer's tax liability for the year, the excess can be credited for future years or be taken as a refund. The maximum credit is $50,000 per residence; the minimum investment is $20,000 reduced to $5,000 in designated areas of economic distress. At a federal level, since 1986 the law has provided a 20% tax credit toward the cost of rehabilitating an income-producing national register-listed build- ing. Access to resources and funding The NYS office of Parks, Recreation and Historic Preservation provided nearly $9million in 1998 to preservation programs across the state, yielding $32million in local matches and investment. These funds are being spent in Saratoga, Coming, in Cooperstown, in short anywhere that a CLG law has been enacted. Some of those funds can and should be accessed for our own community. Between 1996 and 1998 over $1billion in tax credits were approved for pro- jects by the States preservation office. Historic Preservation and Local Economy. The preservation of Southold's historic resources, the places in which we live and work, should be a central goal for all who seek a healthy economy for our town. Historic preservation is a lasting form of community develop- ment that invests in the best of Southold's past for the benefit of the present and future generations. If Southold were on the banks of the Mississippi river, would we be arguing about how much sand to put in the bag, or who was going to pay for the sand, or what color the bag should be, or how high the dike should be built? This town board clearly understands that the qualities that make Southold special, the very reason we all choose to live here, are currently threatened. Whether it is historic preservation, an increase in the zoning from two to five acres, protecting the open spaces, supporting the farming community or developing a comprehensive waterfront revitalization plan, this board is showing the determination to do what is necessary to protect our most important resources. They should be commended in their efforts and sup- ported in their endeavors. We are surrounded by communities that have had neither the foresight nor the will to tackle the difficult issues, and are now paying the price. As a group, the steering committee of the OHDPA, over the past year and a half, has tried to build consensus in our community for historic preserva- tion. During the past two weeks, since the publication of the draft law, our task has become more difficult. However, in our discussions with our neigh- bors we have received numerous suggestions regarding the proposed laws that we feel need to be carefully considered. We would like an opportunity to review these suggestions with the code committee, to see if the initial draft can be improved. It is important to recognize the anxiety that any new law naturally creates, and to clearly differentiate between a reasonable con- cern and a paranoid interpretation. We believe that some form of historic preservation law will be enacted in Southold. We would like to encourage all parties to become engaged in improving the law and making sure that it works for all the residents of our community, that it is effective, that it is fair, and that it is enforcable. Conclusion Saving old buildings and historic neighborhoods is not an abstract idea. Each structure that is torn down takes with it part of our heritage, our con- nection to the lives of our neighbors and our families. We are all poorer for the loss. It is important to increase awareness of the value of the historic record, and to protect and preserve what is left. When historic buildings are demolished, the fabric of our town is irreparably damaged. I would like to close this statement with a riddle given to me by one of the residents of Orient. How you choose to answer this riddle is determined by whether or not you have a preservation ethic that is fruitful and vital, or is futile and easily defeated by the forces of change, rot and decay. It is the old paradox of the farmer who says he's had the same ax all his life. He's only changed the head twice, and the handle three times. Is it the same ax'? OUTLINE NOTES Standards For The Administration of Local Historic Districts Southold Town Reference: The Orient Historical District A representative sample of houses from the north (beginning) of Village Lane to Skippers Lane. Two houses on the Main Road opposite the north end of Village Lane are included. This sample, which is representative, shows the following time periods of construction: Pre 1800 - Broad 1:1.% 1800-1850 - 21% 1850-1900 - 41% Post 1900 - 24% Post 1950 - 3% Total; 100% Architectural Periods: "Colonial" 1670-1820 (This broad period is used to refer to dewllings with little or stylistic pretensions) Georgian: Federal: Greek Revival: Early Victorian: 20th Century: World War I][: 1735-1790 1790-1820 1820-1860 (Gothic Revival-Romanesque) 1860-1900 (Victorian Gothic, Stick Style, Classical and Colonial Revivals, Vernacular Victorian) 1900-1940 (Bungalow, Period Revivals) 1940-1945 (Bungalow) Average Renovations Per 100 Years of Age of Dwelling: Two Brief Discussion of Four Renovations and Constructions within the proposed Orient District: The Ne~las House (ca 1860) Renovation The Poggi House (ca 1880) Reconstruction The Tupper House (ca 1980) New Construction The Madigan House (ca 1870) Reconstruction Standards for Historical Districts will be difficult, if not impossible to administer, since the various constructions represent five major time periods and at least seven different architectural periods; they repre- Good evening. My name is Courtney Bums and I live in the Historic District in Orient. I am also the Director of the Oysterponds Historical Society and am here tonight on behalf of that organization to express our enthusiastic endorsement of the proposed legislation regarding historic preservation and Certified Local Government. As an Historical Society we are committed of course to the preservation of any form of material culture ranging from the fragments from local archaeological discoveries, to the historic artifacts with known provenance and documented histories, to the manuscripts and photographs that so readily convey their information, speaking directly to us of past experience. It is our belief that buildings also convey historic information and speak directly of past experience. Individually and collectively as a group or a district, buildings provide a context for understanding and appreciating the lives of past residents, and they directly influence and shape the lives of residents today and in the future. They express community and its inherent values and they symbolize a continuity of the past and the present that is eroding steadily in many areas of the country. I know that much of the argument against preservation centers around concerns for individual property rights and the argument in favor tends to focus on property values. However, both of these arguments are somewhat short-sighted, superficial, and self-serving, and fly in the very face of the meaning of community. We are all endowed with certain inalienable rights, but citizenship transcends individual autonomy and entails a complex of interrelationships, responsibilities and collective choices. A principal duty of government is balancing the rights of the individual with the needs of the community as a whole. This law does that. At a time when critics and theorists are bemoaning the deterioration of values, social relationships, and the loss of regional and local culture through mass consumption and the transient nature of much of today's society, historic preservation provides stability and can help us to manage the change in other areas of our life. By preserving the structure ora community, we can help to preserve that community. My name is Jay A~,plegate and I am ack~ressing you this evening in my capacity as a Vice President of Save Open Spaces Now 2000 Ltd., a tax exempt organization, dedicated to preserving open space, historic structures and farmland; preserving the integrity of our hamlet centers and preventing suburban sprawl. Given our mission statement, it is not surprising that we are in favor of stronger legislation relating to protection of our historic buildings and tax incentives to encourage restoration and renovation. We would therefore encourage expeditious passage, implementation and enforcement of any laws designed to do this. However, the current draft of the Town Board's proposed law does not do this. It is inadequate in several ways which I would like to discuss: First, by repealing the current law as part of adopting the new law, the 14-day review period which currently exists for the Landmark Preservation Commission to review building permits relating to exterior alteration to and demolition of an historic building is eliminated. Therefore, prior to any historic districts or landmarks being designed under the new law, any building which is currently designated a landmark in Southold Town becomes totally unprotected and could be torn down without any legal ~cstrictions. Thus, what has been portrayed to be a strengthened law has a problematic transition period where all protection is eliminated. Save Open Spaces Now strongly recommends that the Town Board alter its current proposal to continue the 14-day review period for all currently designated historic buildings until such time as they are designated historic under the terms of the new law and are afforded the increased protection. This would extend the minimal protection that currently exists as opposed to eliminating protection altogether. I also wonder why this meeting was called at all as you, Jean Cochran, sent out a memo on May 2nd announcing the Reappointment of selected members of the existing Landmark Preservation Commission to the new Landmark Commission. Were you telling them and us that the passage of this new law was a fete accompli before tonight's hearing 999999. . . . . . Secondly, you as taxpayers should know that the new law as currently drafted does not meet the minimum requirements under State law to qualify Southold Town for further receipt of monies under the Local Waterfront Revitalization Plan. Many of us assumed that the only reason the Town Board was moving town attorney whi,.n told you how to accomplish that without a public referrendum). Since then, you have allowed the building to fall into disrepair through total neglect of maintenance and protection. This treatment of an historic building is a violation of the law which you are currently proposing. On page 8 of the draft legislation, it says (and I paraphrase) "No owner shall permit property to fall into a serious state of disrepair .... "Given the report on the condition of the Whitaker House done by James Richter for the Town Board prior to their purchase of it, it is clear that the deterioration has occurred on your watch. So you are asking the owners of historic properties in this town to be held to a different standard than that to which you hold yourselves and to standards which we are now aware are not sufficient to get us monies to which we would otherwise be entitled under the LWRP? Again, I ask the Town Board (rhetorically) why? In addition to the allowed deterioration, at the time of purchase of the Whitaker House, you were advised by the New York State Department of Parks, the Society for the Preservation of Long Island Antiquities, the Southold Historical Society and the Town Historian (again, I have copies of all the correspondence here), forward to strengtt,en the historic prese,'vation laws was to continue to qualify for LWRP monies. This law does not do that. Steve Ridler in State Department told me yesterday that the Town Board is aware of the additional provisions needed to qualify but the last draft of the law had not included these provisions and without them, the Town will not be eligible to receive further funding under the LWRP. The Town has received approximately $400,000 from the LWRP to date and, if it complies, stands to receive more in the future. Non-compliance means non-receipt of funds which means higher taxes. Therefore, those of you who object to the new law on the grounds of property rights should be aware that you are therefore voting for higher taxes. However, that leaves us with the fact that the proposed law is not strong enough to assure us the continued eligibility for LWRP funds. I ask the Town Board (rhetorically of course), why is that? Thirdly, the recent plans for a new Town Hall incorporate once again the proposed demolition of the historic Whitaker House which the Town acquired in 1998 and passed a resolution to demolish (I have a copy of the resolution where that was done and the accompanying memorandum written by the former that this building ~, as of great historic ~ alue and should not be demolished. There was also a public outcry. The estimate by Fairweather Brown at the time of purchase of the Whitaker House to renovate it for use as an annex to town hall was approximately $250,000 and a recent study by John Collins suggested approximately the same amount. Again, I ask the Town Board, why are you proposing to tear it down? An administration which truly supports historic preservation would either take the Collins report and implement it or sell the building to some one who would restore it, whether or not you had passed a tough law which would insure its preservation, not let it deteriorate, threaten to tear it down and/or sponsor a Halloween haunted house party for which the interior was defaced. As a result of your actions, a letter was sent yesterday to the Secretary of State by our organization which outlines these developments and expresses to him our concerns. We stated that in our opinion, given the above sighted examples, the Town Board has demonstrated that they are not responsible stewards of our historic resources and our waterfront and that we believe that you should no longer be able to exercise local control or receive funds under the LWRP. We further suggest to him that your actions in each of these instances have been highly hypocritical and duplicitous. We have also sent letters to Ruth Pierpont in the Department of Parks and Barbara Van Liew of the Society for the Preservation of Long Island Antiquities to advise them of your proposal regarding the demolition of the Whitaker House. It should be noted that the Department of Parks is involved in reviewing the Town's eligibility for LWRP funds and we assume that your proposal to demolish the Whitaker House will not be viewed favorably in that light. Should you actually go through with the demolition, you further diminish the likelihood of gaining their approval. In conclusion, I would ask that you strengthen the proposed historic preservation law to meet the State's requirements and eliminate the loophole to which I alluded earlier in my remarks in order to truly provide ongoing protection for our historic buildings and that you become responsible stewards of all our historic buildings including those owned by the taxpayers of Southold Town. Thank you very m~,ch for your time. May 21, 2001 Charles T. King and Joann King 27555A Main Rd. Orient, N.Y., 11957 RECEIVED IdAY 2 2 2001 Southold Town Clerk Supervisor Jean Cochran and Members of the Town Board 53095 Main Street Southold, N.Y., 11971 Dear Supervisor Cochran and Members of the Town Board: We wish to add our names to the list of homeowners who are objecting to the Historic Preservation Law, at least in it's present state. We think it is incredible that a committee could have the authority to put restrictions on our property. Please at least allow the homeowners in the community to vote on whether or not they desire to have this law. Very truly yours, Joann and Charles King RECEIVED MAY 2 1 2001 Southold Town ClerL Mr. and Mrs. Joseph M. Andrade, 975 Navy Street, P.O. Box 147 Orient, N.Y., 11957 May 21, 2001 Supervisor Jean Cochran and Members of Town Board Southold Town Hall 53095 Main Rd. Southold, N.Y., 11971 Dear Supervisor Cochran and Members of the Town Board: We oppose the enactment of the proposed historic preservation law. We built our home, pay taxes and now are possibly facing a review board who may come around and tell us what to do with it. We were initially led to believe by some proponants of this law, that this committee would be triggered by a request for a building permit. However, there seems to be nothing in the law that states that. How in America can a committee tell you what to do with your home? This should not be forced on anyone who does not want to be inbluded. In the section that deals with violations, the teeth are mighty sharp. In fact, we cannot think of any fines (except in cases where the health and safety of the general public are at risk), in the local Court where there are fines as heavy as this. For an example, supposing that there is an elderly person living in a house in the historic district, all alone on a very limited budget. The house falls into minor disrepair because of a lack of funds to maintain the house. The person may not have the "matching funds" to apply for a grant and certainly would not have the resources to get a loan. Certainly this committee will come around and enforce their law. People should be entitled to the quiet enjoyment of their homes. We believe in the sanctity of an individual's property rights. If this law is passed, the "facade" of a home will be just the beginning. The Town has a Planning Dept., a Building Dept., and a Board of Appeals. Is this committee going to usurp their powers? Please at least let this come up for a public referendum. There is a silent majority who are not in favor of this, and a very vocal minority who are, and who we are sure will be on this committee. Please do not disregard the Petition handed in at the local meeting where 100 signatures were turned in to you, against the law. Very truly yours, Barbara and Joseph Andrade, Jr. May 14, 2001 It is with mncl~ dismay that I sJl here.at my :families' kiI~]teo table contemplating my thought~ to transcribe to ~he ~rdtten word. Famed statemenm such as. 'It ~s with malice towards nmie and chadw toward all" ~at I would l~e to keep the spffit of this le~r - how tlmt roms om howex~f is unee~ain, t x~ll not revise only ~it this d~ I appeared before you-this past Tuegday evening - the issue at hand was and will continue It> be one ol~th~ most thndarra~mtal rights we cherish ia thi~ great nation of ours, "the right of private ownership of'property". My fi~ars were fl~at there was going to bo a raking ofproperty and righla that are guaranteed to each amt every citizen of this c, ommm~dty, t will quote a fei,v Presidents tllmughout this loller. To bogie Thomas Jefferson valid, "The policy of American government is to leave fl~eir citizens free, neither reslruinJng nor aidiog them in their pursuits," This present Term Board needs lo take. heed of flutt philosophy. Yet, either tmknowingly, uncaringly, or conspirator/ally this Tom Board has allowed a much more grievous offence to occur. How in Ood*s ~ame could this Town Board allow bnreau~ to c~fiscate ~bem bet;~cn I ,~00 to 2,000 homes and pro~. ~at's ~t, confiscatel And who did the~ bareaucra~ ~nfi~ato the fi~ls to do ~th their horses and pro~fly from? Well in lbo words of Ronald R~gan tt would ~, "Indiddoals each ~th his or her o~m ho~s and dreams, plans and ~lems a~ lhe kind ofqui~ ~ ~t m~es ~is ~ole ~tmt~ nm bea~ than just abo~ any other pla~ ~h." That would be ~fra~ homes a~ businesses where placed on a so called "SPLIA List". a SPLIA List o~ might ask? Tl~t is a ~ a~n~ Iht, ~e 8~ie~ fo~ tlm Pmae~atioa offing Island AntiquiOes. Now, Pll pause for an~iquilies an ~nmremlng word "ancient times, middle ag~." Well, 1 would like ~o introdum anyo,* ~o did ibis ~ M~h~melah. Jus! orte last point that I would like to make. Those signanlres that r presenled to you represent people who live in wo~darfid homes, Atthe tlme o£oollcetioo I had yello fi~ll¥ understand the impact of SPLIA, no less how terdbly lacking in Jndco-Chhstian elhics that proposed law is. This is very gemmn.e a) all of ua anti will effect how we live our lives. Still, I am encouraged that we c~m right this ship of~tate that has been so suddenly tossed asm~der. For in thq same spirit flint then Gen. Washington was asked, "Why whom tlte~ emerging Araericans happy and cbnfident in the flare o£war and d~perate timeT," he replied "The*e is fveexlom, there is spac~ for a man to be alon~ and ll~ink and them are who owe each other llothing but affection." Think you tDr reading this and lets work toward a Imtter day~ ~9~servativel~ 500 Villag~ Lane Orient, 'NY Ann Stevenson Colley 1251 Avenue of the Americas, 17~h Floor, New York, NY 10020 RECEIVED May 17, 2001 Members of the Town Council Town Hall P.O. Box 1179 Southold, NY 11971 Town To whom it may concern: I was distraught to see that Whitaker House may be tom down. I wanted to appeal to the Town Council not to tear the house down if it oan possibly be saved. Certainly, a decision should not be made until the forensic study is complete. Along with open space, we need to preserve historic structures such as the Whitaker House. Thank you for your consideration. Sincerely, Ann Stevenson Colley MAY-08-2001 19:41 JON A. TURNER, Ph.D. CONSULTANT 155 EaST 78 STREET NEW YORK NY ~0021 0482 212.2~.3334 NYU-INFORMATION SYSTEMS £ 2129954228 P.01/01 Fax To: 631 765 1823 May 8, 2001 Jean W. Cochran Supervisor Town of Southold Suffolk County, NY Dear Supervisor Cochran, My wife Margaret Helfand and I recently purchased a home in Orient, NY, on Village Lane. We wanted to express our wholehearted suplma't for the proposed "Historic Preservation Law" as well as new "Tax Exemptions of Alterations and Rehabilitation of historic property in the Town of Southold". I understand that some in the bu$ineas commumty may be oppo*ed to [his proposed law. Economists refer to a good shared by the community as a 'public good'. Since the marginal net private benefits of public goods do not usually equal their marginal net social benefits (termed 'externalities'), some mechanism, other than the market, needs to be employed for their allocation. The usual approach, in this case, is to place bruits of some sort on private behavior. This is what the proposed Historic Preservation Law does. Thus, it is conceptually sound. Yours since, rely, Ion A. Turner Margaret Helfand information ~ystem. s Strategy mgan[zation development TDTAL P. 01 PUBLIC HEARING MAY 8, 20001 7:34 P.M. (9:45 P.M.) ON THE PROPOSED "LOCAL LAW 1N RELATION TO CHAPTER 85 (TAXATION), ARTICLE V, TAX EXEMPTION FOR ALTERATIONS AND REHABILITATION OF HISTORICAL PROPERTY IN THE TOWN OF SOUTHOLD" Present: Absent: Supervisor Jean W. Cochran Justice Louisa P. Evans Councilman William D. Moore Councilman John M. Romanelli Councilman Craig A. Richter Town Clerk Elizabeth A. Neville Town Attorney Gregory A. Yakaboski Councilman Brian C. Murphy SUPERVISOR COCHRAN: We will move on to the next hearing. We are well past 7:34, so I think we are okay, gang. COUNCILMAN MOORE: "NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 27th day of March 2001, a Local law entitled "A Local Law in relation to Chapter 85 (Taxation), Article V, Tax Exemption for alterations and rehabilitation of historical property in the Town of Southold" and, NOTICE IS FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, and hereby sets 7:34 p.m., Tuesday, May 8, 2001, as the time and place for a public hearing at which time all interested persons will be heard. The proposed Local Law in relation to Chapter 85 (Taxation), "Article V, Tax Exemption for alterations and rehabilitation of historical property in the Town of Southold" which includes the following: LOCAL LAW NO. - 2001 A Local Law in relation to Chapter 85 (Taxation), Article V, "Tax Exemption for alterations and rehabilitation of historical property" in the Town of Southold BE IT ENACTED by the Town Board of the Town of Southold, as follows: I. Chapter 85 (Taxation) Article V Tax Exemption for alterations and rehabilitation of historical property in the Town of Southold § 85-10 Exemption for alteration and rehabilitation of historic property. A. Amount of Exemption. (1) Historic property shall be exempt from taxation to the extent of any increase in value attributable to such alteration or rehabilitation pursuant to the following schedule: § 85-11 Conditions Year of Exemption pement of exemption 1 100 2 100 3 100 4 100 5 100 6 80 7 60 8 40 9 20 10 0 No such exemptions shall be granted for such alterations or rehabilitation unless: A. Such property has been designated as a landmark, or is a property that contributes to the character of an historic district, created by a local law passed pursuant to section ninety-six-a or one hundred nineteen-dd of the general municipal law; B. Alterations or rehabilitation must be made for means of historic preservation; C. Such alterations or rehabilitation of historic property meet guidelines and review standards in the local preservation law; D. Such alteration or rehabilitation of historic property are approved by local preservation commission prior to commencement of work; E. Alterations or rehabilitation are commenced subsequent to the effective date of this local law. § 85-12 Applications. A. Such exemption shall be granted only by application of the owner or owners of historic real property on a form prescribed by the state board. The application shall be filed with the assessor of the Town of Southold on or before the appropriate taxable status date of the Town of Southold. B. Such exemption shall be granted where the assessor is satisfied that the applicant is entitled to an exemption pursuant to Section 444-a of Real Property Tax Law. The assessor shall approve such application and such property shall thereafter be exempted from taxation and special ad valorem levies as provided in Section 444-A commencing with the assessment roll prepared on the basis of the taxable status date referred to in subdivision three of Section 444-a. The assessed value of any exemption granted pursuant to Section 444-a shall be entered by the assessor on the assessment roi1 with taxable property, with the mount of the exemption shown in a separate column. II Severability. The provisions of this La~v are severable. In any provision of this local law or its application to any person or cimumstance is held invalid, said invalidity shall not affect any other provision or application of this local law which can be given effect without the invalid provision or application of the local law. III When effective. This Local law shall take effect immediately upon filing with the Secretary Of State as provided by law. By order of the Southold Town Board of the Town of Southold. March 27, 2001. Elizabeth A. Neville, Southold Town Clerk." This ties into the other one. We have proof of publication at the Suffolk Times, proof that it was posted on the Town Clerk's Bulletin Board. There is no correspondence in relation to this, but ties into the Historic Preservation and the ability to get taxes abatements. SUPERVISOR COCHRAN: You have heard the reading of the Local Law for tax abatement in relation to the Historic Preservation Law. Anyone like to address the Town Board, either pro or con? JAY APPLEGATE: I support the proposal. My name is Jay Applegate, and I support your proposal. PETER DEUTSCH: Peter Deutsch. The only concern I have is that we had discussed whether or not it would be possible to approach the school boards before the law is passed, and I think it is very important that the impact of the tax abatement is explained fully to all of the school boards, and I encourage you with the Assessors' Office to work hard on making that presentation as clear and as informative as possible. COUNCILMAN MOORE: I appreciate that. Let me just make my thoughts known. I have talked to Mr. Scott of our Assessors Department with some concerns on the law as it was written unrelated to the schools. This law would only be abatement on the Town portion. I believe we can tie it into the County portion as well. We have a cooperative agreement with the County, Town abatement affected by this, but my thoughts were this. Having heard a variety of comments about the substance about the actual Historic Preservation Law I felt we might want to have that one cleaned up, fixed up, and if the Board is going to consider it. To me it is hand and glove. I will speak personally. If we are going to do, or I mn going to agree to this, it has to include significant tax abatement. I know we want to go out and make a presentation. You are heating it ahead of time, Mr. Duell, but we have got to draft letter that I have not sent out yet to go to each school board for us to come out and talk to the school boards, as far as their interest in participating, because obviously that is a separate elected body, and if they see the wisdom of this, or the appropriateness of the school district involved by all means. But that is their decision. I think the Assessors have volunteered to speak with the school boards, and that letter will go out, but unless you all think it should be different. I thought we ought to deal with the actual substance of law in Historic Preservation first, so we see what that looks like. A lot of really great comments and points were raised tonight. People read very. carefully, and I appreciate all the input, so we would clean that first, and then go out to the school boards. SUPERVISOR COCHRAN: Anyone else? Bob Scott. BOB SCOTT: Bob Scott from the Assessors Office. We would be happy to go to the school boards. That is not a problem. We have always offered that right from the very beginning. As far as this specific law is concerned, the exemption law, I have made my questions to the Town Board and in particular Bill Moore, and some of the others. We do want a clear understanding of which properties are the ones that would qualified for the exemptions, whether it is just the ones mentioned under the certified local government, or whether it would be the ones that are the SPEA list, or the National Registrar, or whatever, and we need to have something that would be coming from the Town Board to show us that, because it is sort of like a veterans exemption where if somebody is a veteran in Orient, and there is one in Mattituck, and one in the Greenport Historical District, and the people in Orient are qualified and have a historical home, but the one in Mattituck isn't on that list, or the one in Greenport isn't on that list, according to the real property tax laws we feel we would have to give it to all three of them, unless it is specifically designated by the Town Board otherwise. We just want a clarification. SUPERVISOR COCHRAN: Thanks, Bob. LINTON DUELL: Linton Duell. I am on the school board from Oysterponds, but since it is not in session 1 am only speaking for myself. When you go to the tax exemption portion of this law comes after 56, I think you better think about why you are giving exemptions to people who have put down $400,000, and $500,000 for a house? People who have the wherewithal to buy any house in Orient Village Lane most of them have the money to do the extensive repairs on their own. What you are going to do is take a tax exemption, give it to somebody who is extremely wealthy, and you are going to make the rest of the town pay the difference. I think you should consider that. When you draft the law or after you critique this first law, and you come to the school boards, please, tell us where the money is going to come from, and who is going to pay for the tax exemptions? It is going to be the guys making $40,000 a year? Is it going to be the person making $30,000 a year? Or is it going to be the person making $400,000 a year, or a $100,000,000 a year? We have all those types of people in the hamlet of Orient, and in the Oyster Ponds School District, East Marion and Orient. I think you had better consider that, because it is just going to effect a lot more people than the hundred houses on Village Lane. Eventually this affect the entire town of Southold, that includes Fishers Island, too, a very wealthy area. Do they need tax exemptions on their historic houses? SUPERVISOR COCHRAN: Thank you, sir. Alex? ALEX WIPF: Jean, if I am not mistaken this would only affect about 6% of the housing stock in Southold. Is that an accurate statistic? I am talking about historic houses. There only comprise about 6%. SUPERVISOR COCHRAN: Bob, you would know better that I would. BOB SCOTT: I understand there is 1,200. JOHN GREENE: Just as a point of clarification that you might want me to stand up. Legally right everything right now on the SPLEA list is covered by the law. Voluntary, whether you want it or not, it is not an issue. I think Mr. Yakaboski clarified that in the law. Being a volunteer under the present law that it is voluntary. The SPLEA list the last time we did an update understand that Barbara Brown did in 1986 and 87, there were about 1,200 properties. We tried to update it last summer. There were significantly fewer. I believe there are 20,000 taxable parcels. BOB SCOTT: There are surprisingly 18,400 parcels all together. JOHN GREENE: At this point there are probably a thousand on the SPLEA inventory. Five pement would be a lot. ALEX WIPF: Also, ifI am not mistaken it is a tax abatement, isn't it? Because what happens is after the period of incentive is over it is in fact is fully taxed at the reevaluated price. So, in the long run you not only get a preserved historic dwelling, and there are many people other than the people on Village Lane, who might take advantage of this, people who really do need the monies that are offered in tax abatements. I know you will keep in mind that in the long run the property will be worth much and the taxes will flow into the school boards with greater revenue than they do now. Thank you. COUNCILMAN MOORE: I just want to make two points. It is a phased in, or phased out, exemption as proposed. It comes right out of the State Real Property Tax Law as this is what we are authorized to grant. I will speak personally. My thought was if you are going to put someone through historic preservation and the perceived or actual difficulties of it make it worth their while. Go ahead and consider the economic wherewithal individual. I understand Mr. Duell's point. Yes, the school district if they chose to participate. Let's forget the town for example. They say, hey, we think this is a great idea, and we support historic preservation, and we support the tax abatement, the tax relates to the enhance value associated with the renovations that are being done. ALEX WIPF: So it will be worth more eventually. COUNCILMAN MOORE: So, I look at this as an annuity. We encourage someone to make a renovation, or a restoration, or an improvement, and yes, after five years it will kick in. For the first five years you don't see it, but it is out there to be obtained. ALEX WIPF: You will get it. You will get your money. COUNCILMAN MOORE: It is two sides of the same coin, and I understand the point that you are making. SUPERVISOR COCHRAN: Jim, I am going to finish with you, and then I am going to move along, and you will have the opportunity. I am leaving it open. You will have the opportunity two more weeks of input if you go home, and think of something else, please, send it by mail, because I would like to get the people that are waiting for the next hearing. JAMES GRATHWOHL: Bill's clarification I think just helped a lot, but my point is, with the Federal tax credits, and the State tax credits, if the local school board, or whatever it is, decides not to give the abatement I think those other benefits on both the Federal level and the State level will more than compensate. So, I would not trash the law if you could get that one incentive. Thank you. SUPERVISOR COCHRAN: Okay. I am going to move along. Please, as I say if you think of anything else that is good input send it to my office, and it will become a part of tonight's hearing. Southold Town Clerk ther~ has. been presented to Town Boar~l of the Town of Southold, Suffolk County, New York, on the 27th day of Match 2001, a Loc~ Law Chi/tied "A Locd Law k that th~ Town Board of th~ To~a of Southold ~ hold a public on the ~e~ald Loc~ Law at th~ $ou~ Town ~ ~3095 Main · Road, ,~outhold. New York, md he. rely ~els ?:34p. m., T~ 1)~ K ~1, an tho thno a~d'lti~e for a Publi~ h~rlng at whl~ timo all tn2r. Th~ [m~d La~l Lmv h Ma. LOCXL LAW NO~ __ ..Lo~_~ ~ in r~hfion to - Uoetct of lh~ ~Vn of SoWtho~. a~ follows~ ' il) ~lY~c pr~ sh~l be eanmFt fi~m taxatiett to the eztem of any increase in valne att~hut~ble to aunt to the foEowing schedule: Year of percent of I 100 2 100 3 100 4 100 $ [00 6 ~0 ? 6O 8 4O 9 2O 10 0 ~ ~ s~ ~ ~ l~s ~,~tof~ ~ of~w ~ ~v~- ~. ~my ~sbn offs 1~ hw ~ i~ ~ ~ ~y ~ or c~um. ~ ~ ~ ~y ~ ~on ~ '~ ~s 1~ law ~ch c~ ~ly u~n filing with ~e ~ ~ ~ ~ by law BY O~ER OF ~ ~O~ ~ BO~ OF ~ ~ OF SO--OLD, ~ 27, ~1 ELI~E~ A. ~LLE ~O~ TO~ ~ERK I835-1TA$ STATE OF NEW YORK) )SS: %~OUNTY OF SUFFOLK) C)~ of Mattituck, in said county, bein~ duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, pub- ' lished 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 pfintad copy, has been regularly pub- lished in said Newspaper once each week for J weeks successive_ly, commencing on the ~ day of Sworn to before me this day of ~ ¢~ 20 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 27th day of March 2001, a Local law entitled "A Local Law in relation to Chapter 85 {Taxation), Article V, Tax Exemption for alterations and rehabilitation of historical property in the Town of Sonthold" and, NOTICE IS FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, and hereby sets 7:34 I>.m., Tuesday, May 8, 2001, as the time and place for a public hearing at which time all interested persons will be heard. The proposed Local Law in relation to Chapter 85 (Taxation), "Article V, Tax Exemption for alterations and rehabilitation of historical property in the Town of Southold" which includes the following: LOCAL LAW NO. -2001 A Local Law in relation to Chapter 85 (Taxation), Article V, "Tax Exemption for alterations and rehabilitation of historical property" in the Town of Southold BE IT ENACTED by the Town Board of the Town o£ Southold, as follows: I. Chapter 85 (Taxation) Article V Tax Exemption for alterations and rehabilitation of historical property in the Town of Southold § 85-10 Exemption for alteration and rehabilitation of historic property. A. Amount of Exemption. (1) Historic property shall be exempt from taxation to the extent of any increase in value attributable to such alteration or rehabilitation pursuant to the following schedule: Year of Exemption percent of exemption 1 100 2 100 3 100 4 100 5 100 6 80 7 60 8 40 9 20 10 0 § 85-11 Conditions No such exemptions shall be granted for such alterations or rehabilitation unless: A. Such property has been designated as a landmark, or is a property that contributes to the character of an historic district, created by a local law passed pursuant to section ninety-six-a or one hundred nineteen-dd of the general municipal law; B. Alterations or rehabilitation must be made for means of historic preservation; C. Such alterations or rehabilitation of historic property meet guidelines and review standards in the local preservation law; D. Such alteration or rehabilitation of historic property are approved by local preservation commission prior to commencement of work; E. Alterations or rehabilitation are commenced subsequent to the effective date of this local law. § 85-12 Applications. A. Such exemption shall be granted only by application of the owner or owners of historic real property on a form prescribed by the state board. The application shall be filed with the assessor of the Town of Southold on or before the appropriate taxable status date of the Town of Southold. Such exemption shall be granted where the assessor is satisfied that the applicant is entitled to an exemption pursuant to Section 444-a of Real Property Tax Law. The assessor shall approve such application and such property shall thereafter be exempted from taxation and special ad valorem levies as provided in Section 444- A commencing with the assessment roll prepared on the basis of the taxable status date referred to in subdivision three of Section 444-a. The assessed value of any exemption granted pursuant to Section 444-a shall be entered by the assessor on the assessment roll with taxable property, with the amount of the exemption shown in a separate column. II Severability. The provisions of this Law are severable. In any provision of this local law or its application to any person or circumstance is held invalid, said invalidity shall not affect any other provision or application of this local law which can be given effect without the invalid provision or application of the local law. III When effective. This Local law shall take effect immediately upon filing with the Secretary Of State as provided by law. BY ORDER OF THE SOUTHOLD TOWN BOARD OF THE TOWN OF SOUTHOLD, MARCH 27, 2001. ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON APRIL 5, 2001, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Tax Assessors Landmark Preservation Commission John Cushman, Comptroller Town Clerk's Bulletin Board 2 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 29TM day of March ,2001, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. NOTICE OF PUBLIC HEAR1NG: Local Law in relation to Chapter 85 (Taxation), "Article V, Tax Exemption for alterations and rehabilitation of historical property in the Town of Southold May 8, 2001, 7:34 pm Southold Town Clerk Swom before me this ~cl'r~ dayof ~"~.. , 2001. LYNDA M. BOHN NOTARY PUBLIC, State of New York No. 01BO6020932 Oualified in Suffolk County Term Expires March 8, 20~=, ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 294 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 27, 2001: NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 27th day of March 2001, a Local law entitled "A LOCAL LAW to establish a Historic Preservation Law in the Town of Southold" and, NOTICE IS FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, and hereby sets 7:32 I~.m., Tuesdaw May 8, 2001, as the time and I~lace for a Imblic hearin8 at which time all interested persons will be heard. The proposed "A LOCAL LAW to establish a Historic Preservation Law in the Town of Southold" which includes the following: LOCAL LAW NO. -2001 A LOCAL LAW to establish a Historic Preservation Law in the Town of Southold BE IT ENACTED by the Town Board of the Town of Sonthold as follows: Chapter 56 of the Code of the Town of Southold, designated Landmark Preservation and originally adopted by the Town Board of the Town of Southold on January 18, 1983, as Local Law 1 of 1983, is hereby repealed in its entirety and the following Historic Preservation Law, to be known as Chapter 56 of the Code of the Town of Southold, be and hereby is enacted in its place and stead: Section 56-1 Short Title This chapter shall be known and may be cited as the "Historic Preservation Law of Southold Town". Section 56-2 Purpose The Town Board hereby declares as a matter of public policy that the protection, enhancement, and perpetuation of landmarks and historic districts is necessary to promote the economic, cultural, educational, and general welfare of the public. Inasmuch as the identity of a people is founded on its past, and inasmuch as Southold Town has many significant historic, architectural, and cultural resources which constitute its heritage, this act is intended to: (a) protect and enhance the landmarks and historic districts which represent distinctive elements of Southold's historic, architectural, and cultural heritage; (b) foster civic pride in the accomplishments of the past; (c) protect and enhance Southold's attractiveness to visitors and the support and stimulus to the economy hereby provided; and (d) insure the harmonious, orderly, and efficient growth and development of the town. Section 56-3 Historic Preservation Commission There is hereby created a commission to be known as the Town of Southold Historic Preservation Commission. (a) The commission shall consist of 7 members to be appointed, to the extent available in the community, by the Town Board as follows: At least one shall be an architect experienced in working with historic buildings; At least one shall be a resident of an historic district At least one shall have demonstrated significant interest in and commitment to the field of historic preservation evidenced by either involvement in a local historic preservation group, employment or voluntary activity in the field of historic preservation, or other serious interest in the field; and All members shall have a known interest in historic preservation and architectural development within the Town of Southold. (b) Commission members shall serve for a term of four years, with the exception of the initial term of one of the members which shall be for one year, two which shall he for two years, and two which shall be for three years. (see attached schedule A) (c) The chair and the vice chair of the commission shall be elected by and from among the members of the commission. (d) The powers of the commission shall include: (i) employment of staff and professional consultants as necessary to carry out the duties of the commission; (ii) promulgation of rules and regulations as necessary for the conduct of its business (iii) adoption of criteria for the delineation of historic district (iv) conduct of surveys of significant historic, architectural, and cultural landmarks and historic district within the town; (v) designation recommendations of identified structures or resources as historic districts and landmarks; (vi) acceptance on behalf of the town government of the donation of facade easements and development rights, and the making of recommendations to the town government concerning the acquisition of facade easements or other interests of real property as necessary to carry out the purposes of this act; (vii) increasing public awareness of the value of historic, cultural, and architectural preservation by developing and participating in public education programs; 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; (viii) recommending acquisition of a landmark structure by the town government where its preservation is essential to the purposes of this act and where private preservation is not feasible; and (ix) approval or disapproval of applications for certificates of appropriateness pursuant to this act. (e) The commission shall meet at least monthly, but meeting may be held at any time on the written request of any two of the commission members or on the call of the chair or the supervisor. (f) A quorum for the transaction of business shall consist of 4 of the commission's members, but not less than a majority of the full authorized membership may grant or deny a certificate of appropriateness. (g) All members shall attend and complete relevant training programs as the Town Board may require. Section 56-4 Historic District Review Board The Town Board, upon the recommendation of the commission, shall establish a review board for each approved historic district. The review board shall consist of 3 members to be appointed, to the extent available in the community, from a list provided by local historic district preservation organization. (a) Review Board members shall serve for a term of four years, with the exception of the initial term of one of the members which shall be for two years. (see attached schedule B) (b) The duties of the review board shall include: (i) adoption of criteria for appropriateness for all landmarks and structures within the local historic district; (ii) making recommendations to the Historic Preservation Commission concerning the utilization of state, federal or private funds to promote the preservation of landmarks and structures within the local historic district; (iii) recommending acquisition of a landmark structure by the town government where its preservation is essential to the purposes of this act and where private preservation is not feasible; and (iv) recommending approval or disapproval of applications for certificates of appropriateness pursuant to this act. Section 56-5 Designation of Historic Districts or Landmarks (a) The commission may recommend a group of properties as a historic district to the Town Board for designation if the group: (i) contains properties which meet one or more of the criteria for designation as a landmark; and (ii) by reason of possessing such qualities, constitutes a distinct section of the town. (b) The commission may recommend to the Town Board the designation of an individual property as a landmark if it: (i) (ii) (iii) (iv) (v) possesses special characteristics or historic or aesthetic interest or value as part of the cultural, political, economic, or social history of the locality, region, state, or nation; or is identified with historic personages; or embodies the distinguishing characteristics of an architectural style; or is the work of a designer whose work has significantly influenced an age; or because of its unique location or singular physical characteristic, represents an established and familiar visual feature of the neighborhood. (c) The commission may recommend to the Town Board the recognition of a historic district that has been so designated by the state or federal government. The boundaries of each historic district designated henceforth shall be specified in detail and shall be filed, in writing, in the town clerk's office for public inspection. (d) Notice of a proposed designation shall be sent by registered mail to the owner of the property proposed for designation, describing the property and announcing a public hearing by the commission to consider the designation. Notice of a proposed designation shall also be by publication at least once in a newspaper of general circulation at least 14 days prior to the date of the public hearing. Once the commission has issued notice of a proposed designation, no building permits for construction or demolition shall be issued by the building inspector until the Town Board has made its decision. (e) The commission shall hold a public heating prior to designation of any landmark or historic district. The commission, owners, and any interested parties may present testimony or documentary evidence at the hearing which will become part of a record regarding the historic, architectural, or cultural importance of the proposed landmark or historic district. The record may also contain staff reports, public comments, or other evidence offered outside of the heating. (f) The commission shall forward notice of each property designation as a landmark and the boundaries of each designated historic district to the office of the Southold Town Clerk for recordation. Section 56-6 Certificate of Appropriateness for Alteration, Demolition or New Construction Affecting Historic Districts or Landmarks No person shall cmry out any exterior alteration, restoration, reconstruction, demolition, new construction, or moving of a landmark or property which faces a public right of way within a historic district, nor shall any person make any material change in the appearance of such property without first obtaining a certificate of appropriateness from the historic preservation commission. (a) In the specific case where the property or landmark is located on the waterfront, the watershed is considered a public right of way and the aspect of the property or landmark visible from the watershed is subject to the aforementioned requirement. (b) In the specific case where the property or landmark is located on a comer, all aspects of the property or landmark visible from the public right of way are subject to the aforementioned requirement to obtain a certificate of appropriateness before carrying out any exterior alteration, restoration, reconstruction, demolition, new construction, or moving of the landmark or property. Section 56-7 Criteria for Approval of a Certificate of Appropriateness (a) In passing upon an application for a certificate of appropriateness, the historic preservation commission shall not consider changes to interior spaces, unless they are open to the public. The commission's decision shall be based on the following principles: (i) properties which contribute to the character if the historic district shall be retained, with their historic features altered as little as possible. (ii) Any alteration of existing properties shall be compatible with its historical character, as well as with the surrounding district; and (iii)New construction shall be compatible with the district in which it is located. (b) In applying the principle of compatibility, the commission shall consider the following factors: (i) the general design, character, and appropriateness to the property of the proposed alteration or new construction; (ii) the scale or proposed alteration or new construction in relation to the property itself, surrounding properties, and the neighborhood; (iii)materials and their relation to similar features of other properties in the neighborhood; (iv)visual compatibility with surrounding properties, including proportion of the property's front faqade, proportion and arrangement of windows and other openings with the faCade, roof shape, and the rhythm of spacing of properties on streets, including setbacks; and (v) the importance of historic, architectural, or other features to the significance of the property. Section 56-8 Certificate of Appropriateness Application Procedure (a) Prior to the commencement of any work requiring a certificate of appropriateness, the owner shall file an application for such a certificate with the historic preservation commission. The application shall contain: (i) name, address, and telephone number of applicant; (ii) location of property and photographs of the property; (iii) elevation drawings of proposed changes, if available, (iv) perspective drawings, including relationship to adjacent properties, if available; (v) samples of materials to be used; (vi) where the proposal includes signs or lettering, a scale drawing showing the type of lettering to be used, all dimensions and colors, a description of materials to be used, method of illumination, and a plan showing the signs location on the property; and (vii) any other information which the commission may deem necessary in order to visualize the proposed work. (b) No building permit for construction or demolition shall be issued for such proposed work until a certificate of appropriateness has first been issued by the historic preservation commission. The certificate of appropriateness required by this act shall be in addition to and not in lieu of any building permit that may be required by any other ordinance of the Town of Southold. (c) The commission shall approve, deny, or approve the permit with modifications within 21 days from receipt of the completed application. If there has been no notification of approval, denial or approval with modifications, by the end of the 21st day, said permit shall be deemed approved. The commission may hold a public hearing on the application at which an o.pportunity will be provided for proponents and opponents of the application to present their views. (d) All decisions of the commission shall be in writing. A copy shall be sent to the applicant by registered mail and a copy filed with the town clerk's office for public inspection. The commission's decision shall state the reason for denying or modifying any application. (e) Certificates of appropriateness shall be valid for 18 months, after which time the owner must reapply if he/she still wishes to undertake work on the property. Section 56-9 Demolition Hardship Criteria (a) An applicant whose certificate of appropriateness for a proposed demolition has been denied may apply for relief on the ground of hardship. In order to prove the existence of hardship, the applicant shall establish that: (i) the property is incapable if earning a reasonable return, regardless of whether the return represents the most profitable return possible; (ii) the property cannot be adapted for any other use, whether by the current owner or by a purchaser, which would result in a reasonable return; and (iii) efforts to find a purchaser interested in acquiring the property and preserving it have failed. Section 56-10 Alteration Hardship Criteria An applicant whose certificate of appropriateness for a proposed alteration has been denied may apply for relief on the ground of hardship. In order to prove the existence of hardship, the applicant shall establish that the property in incapable of earning a profitable return, regardless of whether that return represents the most profitable return possible. Section 56-11 Hardship Application Procedure (a) After receiving written notification from the commission of the denial ora certificate of appropriateness, an applicant my commence the hardship process. No building permit or demolition permit shall be issued unless the commission makes a finding that a hardship exists. (b) The commission may hold a public hearing on the hardship application at which an opportunity will be provided for proponents and opponents of the application to present their views. (c) The applicant shall consult in good faith with the commission, local preservation groups, and interested parties in a diligent effort to seek an alternative that will result in the preservation of the property. (d) All decisions of the commission shall be in writing. A copy shall be sent to the applicant by registered mail and a copy filed with the town clerk's office for public inspection. The commission's decision shall state the reasons for granting or denying the hardship application. If the application is granted, the commission shall approve only such work as is necessary to alleviate the hardship. Section 56-12 Enforcement All work performed pursuant to a certificate of appropriateness issued under this ordinance shall conform to any requirements included herein. It shall be the duty of the building code enforcement officer to periodically inspect any such work to assure compliance. In the event work is found that is not being performed in accordance with the certificate of appropriateness, or upon notification of such fact by the historic preservation commission, the building code enforcement officer shall issue a stop work order and all work shall immediately cease. No further work shall be undertaken on the project as long as a stop work order is in effect. Section 56-13 Maintenance and Repair required Nothing in this ordinance shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a landmark or property within a historic district which does not involve a change in design, material, or outward appearance. No owner or person with an interest in real property designated as a landmark or included within an historic district shall permit the property to fall into a serious state of disrepair which would result in the deterioration of any exterior architecture; feature which would, in the judgment of the historic preservation commission, produce a detrimental effect upon the character of the historic district as a whole or the life and character of the property itself. Examples of such deterioration include: (a) deterioration of exterior walls or other vertical supports; (b) deterioration of roofs or other horizontal members; (c) deterioration of exterior chimneys; (d) deterioration or crumbling of exterior stucco or mortar; (e) ineffective waterproofing of exterior walls, roofs, or foundations, including broken windows or doors; and (f) deterioration of any feature so as to create a hazardous condition which could lead to the claim that demolition is necessary for the public safety. Section 56-14 Violations (a) Failure to comply with any of the provisions of this ordinance shall be deemed a violation and the violator shall be liable to a fine of not less than $250 nor more than $1000 for each day the violation continues. (b) Any person who demolishes, alters, constructs, or permits a designated property to fall into a serious state of disrepair in violation of this ordinance shall be required to restore the property and its site to its appearance prior to the violation. Any action to enforce this subsection shall be brought by the town attorney. This civil remedy shall be in addition to an not in lieu of any criminal prosecution and penalty. Section 56-15 Appeals Any person aggrieved by a designation decision by the Town Board or a decision of the historic preservation commission relating to a hardship or a certificate of appropriateness may, within 45 days of the decision, file a written application with the Town Board for review of the decision. Reviews shall be conducted and based on the same record that was before the Town Board or commission and using the same criteria. Section 56-16 Severability. The provisions of this Law are severable. In any provision of this local law or its application to any person or cimumstance is held invalid, said invalidity shall not affect any other provision or application of this local law which can be given effect without the invalid provision or application of the local law. Section 56-17 When effective. This Local law shall take effect immediately upon filing with the Secretary Of State as provided by law. Attachment A Historic Preservation Commission 7 Members, 4 year appointment, town wide. Year New Members 1 7 2 1 6 3 2 4+1 4 2 2+1+2 5 2 1+2+2 6 1 2+2+2 7 Repe~ Old Members Attachment B Historic District Review Board 3 Members, 4 year appointment, specific to historic district Year New Members 1 3 2 3 3 1 2 4 2+1 5 2 1 6 1+2 7 Repeat Old Members Elizabeth A. Neville Southold Town Clerk RESOLUTION MARCH 27, 2001 V - 294 NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 27th day of March 2001, a Local law entitled "A LOCAL LAW to establish a Historic Preservation Law in the Town of Southold" and, NOTICE IS FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, and hereby sets 7:30 Ixm., Tuesday, May 8, 2001, as the time and Iflace for a public hearim, at which time all interested persons will be heard. The proposed "A LOCAL LAW to establish a Historic Preservation Law in the Town of Southold" which includes the following: LOCAL LAW NO. -2001 A LOCAL LAW to establish a Historic Preservation Law in the Town of Southold BE IT ENACTED by the Town Board of the Town of Southold as follows: Chapter 56 of the Code of the Town of Southold, designated Landmark Preservation and originally adopted by the Town Board of the Town of Southold on January 18, 1983, as Local Law 1 of 1983, is hereby repealed in its entirety and the following Historic Preservation Law, to be known as Chapter 56 of the Code of the Town of Southold, be and hereby is enacted in its place and stead: Section 56-1 Short Title This chapter shall be known and may be cited as the "Historic Preservation Law of Southold Town". Section 56-2 Purpose The Town Board hereby declares as a matter of public policy that the protection, enhancement, and perpetuation of landmarks and historic districts is necessary to promote the economic, cultural, educational, and general welfare of the public. Inasmuch as the identity of a people is founded on its past, and inasmuch as Southold Town has many significant historic, architectural, and cultural resoumes which constitute its heritage, this act is intended to: (a) protect and enhance the landmarks and historic districts which represent distinctive elements of Southold's historic, architectural, and cultural heritage; (b) foster civic pride in the accomplishments of the past; (c) protect and enhance Southold's attractiveness to visitors and the support and stimulus to the economy hereby provided; and (d) insure the harmonious, orderly, and efficient growth and development of the town. Section 56-3 Historic Preservation Commission There is hereby created a commission to be known as the Town of Southold Historic Preservation Commission. (a) The commission shall consist of 7 members to be appointed, to the extent available in the community, by the Town Board as follows: At least one shall be an architect experienced in working with historic buildings; At least one shall be a resident of an historic district At least one shall have demonstrated significant interest in and commitment to the field of historic preservation evidenced by either involvement in a local historic preservation group, employment or voluntary activity in the field of historic preservation, or other serious interest in the field; and All members shall have a known interest in historic preservation and architectural development within the Town of Southold. Co) Commission members shall serve for a term 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. (see attached schedule A) (c) The chair and the vice chair of the commission shall be elected by and from among the members of the commission. (d) The powers of the commission shall include: (i) employment of staff and professional consultants as necessary to carry out the duties of the commission; (ii) promulgation of roles and regulations as necessary for the conduct of its business (iii) adoption of criteria for the delineation of historic district (iv) conduct of surveys of significant historic, architectural, and cultural landmarks and historic district within the town; (v) designation recommendations of identified structures or resources as historic districts and landmarks; (vi) acceptance on behalf of the town government of the donation of faCade easements and development rights, and the making of recommendations to the town government concerning the acquisition of faCade easements or other interests of real property as necessary to carry out the purposes of this act; (vii) increasing public awareness of the value of historic, cultural, and architectural preservation by developing and participating in public education programs; making recommendations to town government 2 concerning the utilization of state, federal or private funds to promote the preservation of landmarks and historic districts within the town; (viii) recommending acquisition of a landmark structure by the town government where its preservation is essential to the purposes of this act and where private preservation is not feasible; and (ix) approval or disapproval of applications for certificates of appropriateness pursuant to this act. (e) The commission shall meet at least monthly, but meeting may be held at any time on the written request of any two of the commission members or on the call of the chair or the supervisor. (f) A quorum for the transaction of business shall consist of 4 of the commission's members, but not less than a majority of the full authorized membership may grant or deny a certificate of appropriateness. (g) All members shall attend and complete relevant training programs as the Town Board may require. Section 56-4 Historic District Review Board The Town Board, upon the recommendation of the commission, shall establish a review board for each approved historic district. The review board shall consist of 3 members to be appointed, to the extent available in the community, from a list provided by local historic district preservation organization. (a) Review Board members shall serve for a term of four years, with the exception of the initial term of one of the members which shall be for two years. (see attached schedule B) (b) The duties of the review board shall include: (i) adoption of criteria for appropriateness for all landmarks and structures within the local historic district; (ii) making recommendations to the Historic Preservation Commission concerning the utilization of state, federal or private funds to promote the preservation of landmarks and structures within the local historic district; (iii) recommending acquisition of a landmark structure by the town government where its preservation is essential to the purposes of this act and where private preservation is not feasible; and (iv) recommending approval or disapproval of applications for certificates of appropriateness pursuant to this act. Section 56-5 Designation of Historic Districts or Landmarks (a) The commission may recommend a group of properties as a historic district to the Town Board for designation if the group: 3 (i) (ii) contains properties which meet one or more of the criteria for designation as a landmark; and by reason of possessing such qualities, constitutes a distinct section of the town. (b) The commission may recommend to the Town Board the designation of an individual property as a landmark if it: (i) (ii) (iii) (iv) (v) possesses special characteristics or historic or aesthetic interest or value as part of the cultural, political, economic, or social history of the locality, region, state, or nation; or is identified with historic personages; or embodies the distinguishing characteristics of an architectural style; or is the work of a designer whose work has significantly influenced an age; or because of its unique location or singular physical characteristic, represents an established and familiar visual feature of the neighborhood. (c) The commission may recommend to the Town Board the recognition of a historic district that has been so designated by the state or federal government. The boundaries of each historic district designated henceforth shall be specified in detail and shall be filed, in writing, in the town clerk's office for public inspection. (d) Notice of a proposed designation shall be sent by registered mail to the owner of the property proposed for designation, describing the property and announcing a public hearing by the commission to consider the designation. Notice of a proposed designation shall also be by publication at least once in a newspaper of general circulation at least 14 days prior to the date of the public heating. Once the commission has issued notice of a proposed designation, no building permits for construction or demolition shall be issued by the building inspector until the Town Board has made its decision. (e) The commission shall hold a public hearing prior to designation of any landmark or historic district. The commission, owners, and any interested paIties may present testimony or documentary evidence at the hearing which will become part of a record regarding the historic, architectural, or cultural importance of the proposed landmark or historic district. The record may also contain staffreports, public comments, or other evidence offered outside of the hearing. (f) The commission shall forward notice of each property designation as a landmark and the boundaries of each designated historic district to the office of the Southold Town Clerk for recordation. 4 Section 56-6 Certificate of Appropriateness for Alteration, Demolition or New Construction Affecting Historic Districts or Landmarks No person shall can'y out any exterior alteration, restoration, reconstruction, demolition, new construction, or moving of a landmark or property which faces a public right of way within a historic district, nor shall any person make any material change in the appearance of such property without first obtaining a certificate of appropriateness from the historic preservation commission. (a) (b) In the specific case where the property or landmark is located on the waterfront, the watershed is considered a public right of way and the aspect of the property or landmark visible from the watershed is subject to the aforementioned requirement. In the specific case where the property or landmark is located on a comer, all aspects of the property or landmark visible from the public right of way are subject to the aforementioned requirement to obtain a certificate of appropriateness before carrying out any exterior alteration, restoration, reconstruction, demolition, new construction, or moving of the landmark or property. Section 56-7 Criteria for Approval of a Certificate of Appropriateness (a) In passing upon an application for a certificate of appropriateness, the historic preservation conunission shall not consider changes to interior spaces, unless they are open to the public. The commission's decision shall be based on the following principles: (i) properties which contribute to the character if the historic district shall be retained, with their historic features altered as little as possible. (ii) Any alteration of existing properties shall be compatible with its historical character, as well as with the surrounding district; and (iii)New construction shall be compatible with the district in which it is located. (b) In applying the principle of compatibility, the commission shall consider the following factors: (i) the general design, character, and appropriateness to the property of the proposed alteration or new construction; (ii) the scale or proposed alteration or new construction in relation to the property itself, surrounding properties, and the neighborhood; (iii)materials and their relation to similar features of other properties in the neighborhood; (iv)visual compatibility with surrounding properties, including proportion of the property's front faCade, proportion and arrangement of windows and other openings with the fagade, roof shape, and the rhythm of spacing of properties on streets, including setbacks; and (v) the importance of historic, architectural, or other features to the significance of the property. 5 Section 56-8 Certificate of Appropriateness Application Procedure (a) Prior to the commencement of any work requiring a certificate of appropriateness, the owner shall file an application for such a certificate with the historic preservation commission. The application shall contain: (i) name, address, and telephone number of applicant; (ii) location of property and photographs of the property; (iii) elevation drawings of proposed changes, if available, (iv) perspective drawings, including relationship to adjacent properties, if available; (v) samples of materials to be used; (vi) where the proposal includes signs or lettering, a scale drawing showing the type of lettering to be used, all dimensions and colors, a description of materials to be used, method of illumination, and a plan showing the signs location on the property; and (vii) any other information which the commission may deem necessary in order to visualize the proposed work. (b) No building permit for construction or demolition shall be issued for such proposed work until a certificate of appropriateness has first been issued by the historic preservation commission. The certificate of appropriateness required by this act shall be in addition to and not in lieu of any building permit that may be required by any other ordinance of the Town of Southold. (c) The commission shall approve, deny, or approve the permit with modifications within 21 days from receipt of the completed application. If there has been no notification of approval, denial or approval with modifications, by the end of the 21~t day, said permit shall be deemed approved. The commission may hold a public hearing on the application at which an opportunity will be provided for proponents and opponents of the application to present their views. (d) All decisions of the commission shall be in writing. A copy shall be sent to the applicant by registered mail and a copy filed with the town clerk's office for public inspection. The commission's decision shall state the reason for denying or modifying any application. (e) Certificates of appropriateness shall be valid for 18 months, after which time the owner must reapply if he/she still wishes to undertake work on the property. Section 56-9 Demolition Hardship Criteria (a) An applicant whose certificate of appropriateness for a proposed demolition has been denied may apply for relief on the ground of hardship. In order to prove the existence of hardship, the applicant shall establish that: (i) the property is incapable if earning a reasonable return, regardless of whether the return represents the most profitable return possible; (ii) the property cannot be adapted for any other use, whether by the current owner or by a purchaser, which would result in a reasonable return; and (iii) efforts to find a purchaser interested in acquiring the property and preserving it have failed. Section 56-10 Alteration Hardship Criteria An applicant whose certificate of appropriateness for a proposed alteration has been denied may apply for relief on the ground of hardship. In order to prove the existence of hardship, the applicant shall establish that the property in incapable of earning a profitable return, regardless of whether that return represents the most profitable return possible. Section 56-11 Hardship Application Procedure (a) After receiving written notification from the commission of the denial of a certificate of appropriateness, an applicant my commence the hardship process. No building permit or demolition permit shall be issued unless the commission makes a finding that a hardship exists. (b) The commission may hold a public hearing on the hardship application at which an opportunity will be provided for proponents and opponents of the application to present their views. (c) The applicant shall consult in good faith with the commission, local preservation groups, and interested parties in a diligent effort to seek an alternative that will result in the preservation of the property. (d) All decisions of the commission shall be in writing. A copy shall be sent to the applicant by registered mail and a copy filed with the town clerk's office for public inspection. The commission's decision shall state the reasons for granting or denying the hardship application. If the application is granted, the commission shall approve only such work as is necessary to alleviate the hardship. Section 56-12 Enforcement All work performed pursuant to a certificate of appropriateness issued under this ordinance shall conform to any requirements included herein. It shall be the duty of the building code enfomement officer to periodically inspect any such work to assure compliance. In the event work is found that is not being performed in accordance with the certificate of appropriateness, or upon notification of such fact by the historic preservation commission, the building code enfomement officer shall issue a stop work order and all work shall immediately cease. No further work shall be undertaken on the project as long as a stop work order is in effect. Section 56-13 Maintenance and Repair required Nothing in this ordinance shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a landmark or property within a historic district which does not involve a change in design, material, or outward appearance. No owner or person with an interest in real property designated as a landmark or included within an historic district shall permit the property to fall into a serious state of disrepair which would result in the deterioration of any exterior architecture; feature which would, in the judgment of the historic preservation commission, produce a detrimental effect upon the character of the historic district as a whole or the life and character of the property itself. Examples of such deterioration include: (a) deterioration of exterior walls or other vertical supports; (b) deterioration of roofs or other horizontal members; (e) deterioration of exterior chimneys; (d) deterioration or crumbling of exterior stucco or mortar; (e) ineffective waterproofing of exterior walls, roofs, or foundations, including broken windows or doors; and (f) deterioration of any feature so as to create a hazardous condition which could lead to the claim that demolition is necessary for the public safety. Section 56-14 Violations (a) Failure to comply with any of the provisions of this ordinance shall be deemed a violation and the violator shall be liable to a fine of not less than $250 nor more than $1000 for each day the violation continues. (b) Any person who demolishes, alters, constructs, or permits a designated property to fall into a serious state of disrepair in violation of this ordinance shall be required to restore the property and its site to its appearance prior to the violation. Any action to enforce this subsection shall be brought by the town attorney. This civil remedy shall be in addition to an not in lieu of any criminal prosecution and penalty. Section 56-15 Appeals Any person aggrieved by a designation decision by the Town Board or a decision of the historic preservation commission relating to a hardship or a certificate of appropriateness may, within 45 days o f the decision, file a written application with the Town Board for review of the decision. Reviews shall be conducted and based on the same record that was before the Town Board or commission and using the same criteria. Section 56-16 Severability. The provisions of this Law are severable. In any provision of this local law or its application to any person or circumstance is held invalid, said invalidity shall not affect any other provision or application of this local law which can be given effect without the invalid provision or application of the local law. 8 Section 56-17 When effective. This Local law shall take effect immediately upon filing with the Secretary Of State as provided by law. Attachment A Historic Preservation Commission 7 Members, 4 year appointment, town wide. Year New Members 1 7 2 1 6 3 2 4+1 4 2 2+1+2 5 2 1+2+2 6 1 2+2+2 7 Repe~ Old Members Attachment B Historic District Review Board 3 Members, 4 year appointment, specific to historic district Year New Members l 3 2 3 3 1 2 4 2+1 5 2 1 6 1+2 7 Repeat Old Members 9 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 293 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 27, 2001: WHEREAS, there has been presented to the Town Board of the Town of Southold, th Suffolk County, New York, on the 27 day of March 2001, A Local Law in relation to the establishment of Chapter 56, "Historic Preservation Law in the Town of Southold" of the Town Code of the Town of Southold, now, therefore, be it RESOLVED that this Local Law be referred to the Southold Town Planning Deoartment and the Suffolk County Plannin~ Commission for recommendations and reports, all in accordance with the Southold Town Code and the Suffolk County Charter. The proposed "A LOCAL LAW to establish a Historic Preservation Law in the Town of Southold" which includes the following: LOCAL LAW NO. -2001 A LOCAL LAW to establish a Historic Preservation Law in the Town of Southold BE IT ENACTED by the Town Board of the Town of Southold as follows: Chapter 56 of the Code of the Town of Southold, designated Landmark Preservation and originally adopted by the Town Board of the Town of Southold on January 18, 1983, as Local Law 1 of 1983, is hereby repealed in its entirety and the following Historic Preservation Law, to be known as Chapter 56 of the Code of the Town of Southold, be and hereby is enacted in its place and stead: Section 56-1 Short Title This chapter shall be known and may be cited as the "Historic Preservation Law of Southold Town". Section 56-2 Purpose The Town Board hereby declares as a matter of public policy that the protection, enhancement, and perpetuation of landmarks and historic districts is necessary to promote the economic, cultural, educational, and general welfare of the public. Inasmuch as the identity of a people is founded on its past, and inasmuch as Southold Town has many significant historic, architectural, and cultural resources which constitute its heritage, this act is intended to: (a) protect and enhance the landmarks and historic districts which represent distinctive elements of Southold's historic, architectural, and cultural heritage; (b) foster civic pride in the accomplishments of the past; (c) protect and enhance Southold's attractiveness to visitors and the support and stimulus to the economy hereby provided; and (d) insure the harmonious, orderly, and efficient growth and development of the town. Section 56-3 Historic Preservation Commission There is hereby created a commission to be known as the Town of Southold Historic Preservation Commission. (a) The commission shall consist of 7 members to be appointed, to the extent available in the community, by the Town Board as follows: At least one shall be an architect experienced in working with historic buildings; At least one shall be a resident of an historic district At least one shall have demonstrated significant interest in and commitment to the field of historic preservation evidenced by either involvement in a local historic preservation group, employment or voluntary activity in the field of historic preservation, or other serious interest in the field; and All members shall have a known interest in historic preservation and architectural development within the Town of Southold. Co) Commission members shall serve for a term 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. (see attached schedule A) (c) The chair and the vice chair of the commission shall be elected by and from among the members of the commission. (d) The powers of the commission shall include: (i) employment of staff and professional consultants as necessary to carry out the duties of the commission; (ii) promulgation of roles and regulations as necessary for the conduct of its business (iii) adoption of criteria for the delineation of historic district (iv) conduct of surveys of significant historic, architectural, and cultural landmarks and historic district within the town; (v) designation recommendations of identified structures or resources as historic districts and landmarks; (vi) acceptance on behalf of the town government of the donation of facade easements and development rights, and the making of recommendations to the town govemment conceming the acquisition of facade easements or other interests of real property as necessary to carry out the purposes of this act; (vii) increasing public awareness of the value of historic, cultural, and architectural preservation by developing and participating in public education programs; 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; (viii) recommending acquisition of a landmark structure by the town government where its preservation is essential to the purposes of this act and where private preservation is not feasible; and (ix) approval or disapproval of applications for certificates of appropriateness pursuant to this act. (e) The commission shall meet at least monthly, but meeting may be held at any time on the written request of any two of the commission members or on the call of the chair or the supervisor. (f) A quorum for the transaction of business shall consist of 4 of the commission's members, but not less than a majority of the full authorized membership may grant or deny a certificate of appropriateness. (g) All members shall attend and complete relevant training programs as the Town Board may require. Section 56-4 Historic District Review Board The Town Board, upon the recommendation of the commission, shall establish a review board for each approved historic district. The review board shall consist of 3 members to be appointed, to the extent available in the community, from a list provided by local historic district preservation organization. (a) Review Board members shall serve for a term of four years, with the exception of the initial term of one of the members which shall be for two years. (see attached schedule B) (b) The duties of the review board shall include: (i) adoption of criteria for appropriateness for all landmarks and structures within the local historic district; (ii) making recommendations to the Historic Preservation Commission concerning the utilization of state, federal or private funds to promote the preservation of landmarks and structures within the local historic district; (iii) recommending acquisition of a landmark structure by the town government where its preservation is essential to the purposes of this act and where private preservation is not feasible; and (iv) recommending approval or disapproval of applications for certificates of appropriateness pursuant to this act. Section 56-5 Designation of Historic Districts or Landmarks (a) The commission may recommend a group of properties as a historic district to the Town Board for designation if the group: (i) (ii) contains properties which meet one or more of the criteria for designation as a landmark; and by reason of possessing such qualities, constitutes a distinct section of the town. (b) The commission may recommend to the Town Board the designation of an individual property as a landmark if it: (i) (ii) (iii) (iv) (v) possesses special characteristics or historic or aesthetic interest or value as part of the cultural, political, economic, or social history of the locality, region, state, or nation; or is identified with historic personages; or embodies the distinguishing characteristics of an architectural style; or is the work of a designer whose work has significantly influenced an age; or because of its unique location or singular physical characteristic, represents an established and familiar visual feature of the neighborhood. (c) The commission may recommend to the Town Board the recognition of a historic district that has been so designated by the state or federal government. The boundaries of each historic district designated henceforth shall be specified in detail and shall be filed, in writing, in the town clerk's office for public inspection. (d) Notice of a proposed designation shall be sent by registered mail to the owner of the property proposed for designation, describing the property and announcing a public hearing by the commission to consider the designation. Notice of a proposed designation shall also be by publication at least once in a newspaper of general circulation at least 14 days prior to the date of the public hearing. Once the commission has issued notice of a proposed designation, no building permits for construction or demolition shall be issued by the building inspector until the Town Board has made its decision. (e) The commission shall hold a public hearing prior to designation of any landmark or historic district. The commission, owners, and any interested parties may present testimony or documentary evidence at the heating which will become part ora record regarding the historic, architectural, or cultural importance of the proposed landmark or historic district. The record may also contain staff reports, public comments, or other evidence offered outside of the hearing. (f) The commission shall forward notice of each property designation as a landmark and the boundaries of each designated historic district to the office of the Southold Town Clerk for recordation. Section 56-6 Certificate of Appropriateness for Alteration, Demolition or New Construction Affecting Historic Districts or Landmarks No person shall carry out any exterior alteration, restoration, reconstruction, demolition, new construction, or moving of a landmark or property which faces a public right of way within a historic district, nor shall any person make any material change in the appearance of such property without first obtaining a certificate of appropriateness from the historic preservation commission. (a) (b) In the specific case where the property or landmark is located on the waterfront, the watershed is considered a public right of way and the aspect of the property or landmark visible from the watershed is subject to the aforementioned requirement. In the specific case where the property or landmark is located on a comer, all aspects of the property or landmark visible from the public right of way are subject to the aforementioned requirement to obtain a certificate of appropriateness before carrying out any exterior alteration, restoration, reconstruction, demolition, new construction, or moving of the landmark or property. Section 56-7 Criteria for Approval of a Certificate of Appropriateness (a) In passing upon an application for a certificate of appropriateness, the historic preservation commission shall not consider changes to interior spaces, unless they are open to the public. The commission's decision shall be based on the following principles: (i) properties which contribute to the character if the historic district shall be retained, with their historic features altered as little as possible. (ii) Any alteration of existing properties shall be compatible with its historical character, as well as with the surrounding district; and (iii)New constmction shall be compatible with the district in which it is located. (b) In applying the principle of compatibility, the commission shall consider the following factors: (i) the general design, character, and appropriateness to the property of the proposed alteration or new construction; (ii) the scale or proposed alteration or new construction in relation to the property itself, surrounding properties, and the neighborhood; (iii)materials and their relation to similar features of other properties in the neighborhood; (iv)visual compatibility with surrounding properties, including proportion of the property's front faqade, proportion and arrangement of windows and other openings with the fagade, roof shape, and the rhythm of spacing of properties on streets, including setbacks; and (v) the importance of historic, architectural, or other features to the significance of the property. Section 56-8 Certificate of Appropriateness Application Procedure (a) Prior to the commencement of any work requiring a certificate of appropriateness, the owner shall file an application for such a certificate with the historic preservation commission. The application shall contain: (i) name, address, and telephone number of applicant; (ii) location of property and photographs of the property; (iii) elevation drawings of proposed changes, if available, (iv) perspective drawings, including relationship to adjacent properties, if available; (v) samples of materials to be used; (vi) where the proposal includes signs or lettering, a scale drawing showing the type of lettering to be used, all dimensions and colors, a description of materials to be used, method of illumination, and a plan showing the signs location on the property; and (vii) any other information which the commission may deem necessary in order to visualize the proposed work. (b) No building permit for construction or demolition shall be issued for such proposed work until a certificate of appropriateness has first been issued by the historic preservation commission. The certificate of appropriateness required by this act shall be in addition to and not in lieu of any building permit that may be required by any other ordinance of the Town of Southold. (c) The commission shall approve, deny, or approve the permit with modifications within 21 days from receipt of the completed application. If there has been no notification of approval, denial or approval with modifications, by the end of the 21st day, said permit shall be deemed approved. The commission may hold a public hearing on the application at which an opportunity will be provided for proponents and opponents of the application to present their views. (d) All decisions of the commission shall be in writing. A copy shall be sent to the applicant by registered mail and a copy filed with the town clerk's office for public inspection. The commission's decision shall state the reason for denying or modifying any application. (e) Certificates of appropriateness shall be valid for 18 months, after which time the owner must reapply if he/she still wishes to undertake work on the property. Section 56-9 Demolition Hardship Criteria (a) An applicant whose certificate of appropriateness for a proposed demolition has been denied may apply for relief on the ground of hardship. In order to prove the existence of hardship, the applicant shall establish that: (i) the property is incapable if earning a reasonable return, regardless of whether the return represents the most profitable return possible; (ii) the property cannot be adapted for any other use, whether by the current owner or by a purchaser, which would result in a reasonable return; and (iii) efforts to find a purchaser interested in acquiring the property and preserving it have failed. Section 56-10 Alteration Hardship Criteria An applicant whose certificate of appropriateness for a proposed alteration has been denied may apply for relief on the ground of hardship. In order to prove the existence of hardship, the applicant shall establish that the property in incapable of earning a profitable return, regardless of whether that return represents the most profitable return possible. Section 56-11 Hardship Application Procedure (a) After receiving written notification from the commission of the denial of a certificate of appropriateness, an applicant my commence the hardship process. No building permit or demolition permit shall be issued unless the commission makes a finding that a hardship exists. (b) The commission may hold a public heating on the hardship application at which an opportunity will be provided for proponents and opponents of the application to present their views. (c) The applicant shall consult in good faith with the commission, local preservation groups, and interested parties in a diligent effort to seek an alternative that will result in the preservation of the property. (d) All decisions of the commission shall be in writing. A copy shall be sent to the applicant by registered mail and a copy filed with the town clerk's office for public inspection. The commission's decision shall state the reasons for granting or denying the hardship application. If the application is granted, the commission shall approve only such work as is necessary to alleviate the hardship. Section 56-12 Enforcement All work performed pursuant to a certificate of appropriateness issued under this ordinance shall conform to any requirements included herein. It shall be the duty of the building code enforcement officer to periodically inspect any such work to assure compliance. In the event work is found that is not being performed in accordance with the certificate of appropriateness, or upon notification of such fact by the historic preservation commission, the building code enfomement officer shall issue a stop work order and all work shall immediately cease. No further work shall be undertaken on the project as long as a stop work order is in effect. Section 56-13 Maintenance and Repair required Nothing in this ordinance shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a landmark or property within a historic district which does not involve a change in design, material, or outward appearance. No owner or person with an interest in real property designated as a landmark or included within an historic district shall permit the property to fall into a serious state of disrepair which would result in the deterioration of any exterior architecture; feature which would, in the judgment of the historic preservation commission, produce a detrimental effect upon the character of the historic district as a whole or the life and character of the property itself. Examples of such deterioration include: (a) deterioration of exterior walls or other vertical supports; (b) deterioration of roofs or other horizontal members; (c) deterioration of exterior chimneys; (d) deterioration or crumbling of exterior stucco or mortar; (e) ineffective waterproofing of exterior walls, roofs, or foundations, including broken windows or doors; and (f) deterioration of any feature so as to create a hazardous condition which could lead to the claim that demolition is necessary for the public safety. Section 56-14 Violations (a) Failure to comply with any of the provisions of this ordinance shall be deemed a violation and the violator shall be liable to a fine of not less than $250 nor more than $1000 for each day the violation continues. (b) Any person who demolishes, alters, constructs, or permits a designated property to fall into a serious state of disrepair in violation of this ordinance shall be required to restore the property and its site to its appearance prior to the violation. Any action to enforce this subsection shall be brought by the town attomey. This civil remedy shall be in addition to an not in lieu of any criminal prosecution and penalty. Section 56-15 Appeals Any person aggrieved by a designation decision by the Town Board or a decision of the historic preservation commission relating to a hardship or a certificate of appropriateness may, within 45 days of the decision, file a written application with the Town Board for review of the decision. Reviews shall be conducted and based on the same record that was before the Town Board or commission and using the same criteria. Attachment A Historic Preservation Commission 7 Members, 4 year appointment, town wide. Year New Members Old Members 1 7 2 1 6 3 2 4+1 4 2 2+1+2 5 2 1+2+2 6 1 2+2+2 7 Repe~ Attachment B Historic District Review Board 3 Members, 4 year appointment, specific to historic district Year New Members 1 3 2 3 3 1 2 4 2+1 5 2 1 6 1+2 7 Repeat Old Members Elizabeth A. Neville Southold Town Clerk RESOLUTION MARCH 27, 2001 V-293 WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 27th day of March 2001, A Local Law in relation to the establishment of Chapter 56, "Historic Preservation Law in the Town of Southold" of the Town Code of the Town of Southold, now, therefore, be it RESOLVED that this Local Law be referred to the Southold Town Plannim/ Department and the Suffolk County Plannin~ Commission for recommendations and reports, all in accordance with the Sonthold Town Code and the Suffolk County Charter. The proposed "A LOCAL LAW to establish a Historic Preservation Law in the Town of Southold" which includes the following: LOCAL LAW NO. -2001 A LOCAL LAW to establish a Historic Preservation Law in the Town of Southold BE IT ENACTED by the Town Board of the Town of Southold as follows: Chapter 56 of the Code of the Town of Southold, designated Landmark Preservation and originally adopted by the Town Board of the Town of Southold on January 18, 1983, as Local Law 1 of 1983, is hereby repealed in its entirety and the following Historic Preservation Law, to be known as Chapter 56 of the Code of the Town of Southold, be and hereby is enacted in its place and stead: Section 56-1 Short Title This chapter shall be known and may be cited as the "Historic Preservation Law of Southold Town". Section 56-2 Purpose The Town Board hereby declares as a matter of public policy that the protection, enhancement, and perpetuation of landmarks and historic districts is necessary to promote the economic, cultural, educational, and general welfare of the public. Inasmuch as the identity of a people is founded on its past, and inasmuch as Southold Town has many significant historic, architectural, and cultural resources which constitute its heritage, this act is intended to: (a) protect and enhance the landmarks and historic districts which represent distinctive elements of Southold's historic, architectural, and cultural heritage; (b) foster civic pride in the accomplishments of the past; (c) protect and enhance Southold's attractiveness to visitors and the support and stimulus to the economy hereby provided; and (d) insure the harmonious, orderly, and efficient growth and development of the town. Section 56-3 Historic Preservation Commission There is hereby created a commission to be known as the Town of Southold Historic Preservation Commission. (a) The commission shall consist of 7 members to be appointed, to the extent available in the community, by the Town Board as follows: At least one shall be an architect experienced in working with historic buildings; At least one shall be a resident of an historic district At least one shall have demonstrated significant interest in and commitment to the field of historic preservation evidenced by either involvement in a local historic preservation group, employment or voluntary activity in the field of historic preservation, or other serious interest in the field; and All members shall have a known interest in historic preservation and architectural development within the Town of Southold. Co) Commission members shall serve for a term 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. (see attached schedule A) (c) The chair and the vice chair of the commission shall be elected by and from among the members of the commission. (d) The powers of the commission shall include: (i) employment of staff and professional consultants as necessary to carry out the duties of the commission; (ii) promulgation of rules and regulations as necessary for the conduct of its business (iii) adoption of criteria for the delineation of historic district (iv) conduct of surveys of significant historic, architectural, and cultural landmarks and historic district within the town; (v) designation recormnendations of identified structures or resources as historic districts and landmarks; (vi) acceptance on behalf of the town government of the donation of faCade easements and development rights, and the making of recommendations to the town government concerning the acquisition of fagade easements or other interests of real property as necessary to carry out the purposes of this act; (vii) increasing public awareness of the value of historic, cultural, and architectural preservation by developing and participating in public education programs; 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; (viii) recommending acquisition of a landmark structure by the town government where its preservation is essential to the purposes of this act and where private preservation is not feasible; and (ix) approval or disapproval of applications for certificates of appropriateness pursuant to this act. (e) The commission shall meet at least monthly, but meeting may be held at any time on the written request of any two of the commission members or on the call of the chair or the supervisor. (t) A quorum for the transaction of business shall consist of 4 of the commission's members, but not less than a majority of the full authorized membership may grant or deny a certificate of appropriateness. (g) All members shall attend and complete relevant training programs as the Town Board may require. Section 56-4 Historic District Review Board The Town Board, upon the recommendation of the commission, shall establish a review board for each approved historic district. The review board shall consist of 3 members to be appointed, to the extent available in the community, from a list provided by local historic district preservation organization. (a) Review Board members shall serve for a term of four years, with the exception of the initial term of one of the members which shall be for two years. (see attached schedule B) (b) The duties of the review board shall include: (i) adoption of criteria for appropriateness for all landmarks and structures within the local historic district; (ii) making recommendations to the Historic Preservation Commission concerning the utilization of state, federal or private funds to promote the preservation of landmarks and structures within the local historic district; (iii) recommending acquisition of a landmark structure by the town government where its preservation is essential to the purposes of this act and where private preservation is not feasible; and (iv) recommending approval or disapproval of applications for certificates of appropriateness pursuant to this act. Section 56-5 Designation of Historic Districts or Landmarks (a) The commission may recommend a group of properties as a historic district to the Town Board for designation if the group: 3 (i) (ii) contains properties which meet one or more of the criteria for designation as a landmark; and by reason of possessing such qualities, constitutes a distinct section of the town. (b) The commission may recommend to the Town Board the designation of an individual property as a landmark if it: (i) (ii) (iii) (iv) (v) possesses special characteristics or historic or aesthetic interest or value as part of the cultural, political, economic, or social history of the locality, region, state, or nation; or is identified with historic personages; or embodies the distinguishing characteristics of an architectural style; or is the work of a designer whose work has significantly influenced an age; or because of its unique location or singular physical characteristic, represents an established and familiar visual feature of the neighborhood. (c) The commission may recommend to the Town Board the recognition of a historic district that has been so designated by the state or federal government. The boundaries of each historic district designated henceforth shall be specified in detail and shall be filed, in writing, in the town clerk's office for public inspection. (d) Notice ora proposed designation shall be sent by registered mail to the owner of the property proposed for designation, describing the property and announcing a public heating by the commission to consider the designation. Notice of a proposed designation shall also be by publication at least once in a newspaper of general circulation at least 14 days prior to the date of the public hearing. Once the commission has issued notice of a proposed designation, no building permits for construction or demolition shall be issued by the building inspector until the Town Board has made its decision. (e) The commission shall hold a public heating prior to designation of any landmark or historic district. The commission, owners, and any interested parties may present testimony or documentary evidence at the hearing which will become part of a record regarding the historic, architectural, or cultural importance of the proposed landmark or historic district. The record may also contain staff reports, public comments, or other evidence offered outside of the hearing. (f) The commission shall forward notice of each property designation as a landmark and the boundaries of each designated historic district to th6 office of the Southold Town Clerk for recordation. 4 Section 56-6 Certificate of Appropriateness for Alteration, Demolition or New Construction Affecting Historic Districts or Landmarks No person shall carry out any exterior alteration, restoration, reconstruction, demolition, new construction, or moving of a landmark or property which faces a public right of way within a historic district, nor shall any person make any material change in the appearance of such property without first obtaining a certificate of appropriateness from the historic preservation commission. (a~ (b) In the specific case where the property or landmark is located on the waterfront, the watershed is considered a public right of way and the aspect of the property or landmark visible from the watershed is subject to the aforementioned requirement. In the specific case where the property or landmark is located on a comer, all aspects of the property or landmark visible from the public right of way are subject to the aforementioned requirement to obtain a certificate of appropriateness before carrying out any exterior alteration, restoration, reconstruction, demolition, new construction, or moving of the landmark or property. Section 56-7 Criteria for Approval of a Certificate of Appropriateness (a) In passing upon an application for a certificate of appropriateness, the historic preservation commission shall not consider changes to interior spaces, unless they are open to the public. The commission's decision shall be based on the following principles: (i) properties which contribute to the character if the historic district shall be retained, with their historic features altered as little as possible. (ii) Any alteration of existing properties shall be compatible with its historical character, as well as with the surrounding district; and (iii)New construction shall be compatible with the district in which it is located. (b) In applying the principle of compatibility, the commission shall consider the following factors: (i) the general design, character, and appropriateness to the property of the proposed alteration or new construction; (ii) the scale or proposed alteration or new construction in relation to the property itself, surrounding properties, and the neighborhood; (iii)materials and their relation to similar features of other properties in the neighborhood; (iv)visual compatibility with surrounding properties, including proportion of the property's front fafade, proportion and arrangement of windows and other openings with the fafade, roof shape, and the rhythm of spacing of properties on streets, including setbacks; and (v) the importance of historic, architectural, or other features to the significance of the property. 5 Section 56-8 Certificate of Appropriateness Application Procedure (a) Prior to the commencement of any work requiring a certificate of appropriateness, the owner shall file an application for such a certificate with the historic preservation commission. The application shall contain: (i) name, address, and telephone number of applicant; (ii) location of property and photographs of the property; (iii) elevation drawings of proposed changes, if available, (iv) perspective drawings, including relationship to adjacent properties, if available; (v) samples of materials to be used; (vi) where the proposal includes signs or lettering, a scale drawing showing the type of lettering to be used, all dimensions and colors, a description of materials to be used, method of illumination, and a plan showing the signs location on the property; and (vii) any other infonuation which the commission may deem necessary in order to visualize the proposed work. (b) No building permit for construction or demolition shall be issued for such proposed work until a certificate of appropriateness has first been issued by the historic preservation commission. The certificate of appropriateness required by this act shall be in addition to and not in lieu of any building permit that may be required by any other ordinance of the Town of Southold. (c) The commission shall approve, deny, or approve the permit with modifications within 21 days from receipt of the completed application. If there has been no notification of approval, denial or approval with modifications, by the end of the 21st day, said permit shall be deemed approved. The commission may hold a public hearing on the application at which an opportunity will be provided for proponents and opponents of the application to present their views. (d) All decisions of the commission shall be in writing. A copy shall be sent to the applicant by registered mail and a copy filed with the town clerk's office for public inspection. The commission's decision shall state the reason for denying or modifying any application. (e) Certificates of appropriateness shall be valid for 18 months, after which time the owner must reapply if he/she still wishes to undertake work on the property. Section 56-9 Demolition Hardship Criteria (a) An applicant whose certificate of appropriateness for a proposed demolition has been denied may apply for relief on the ground of hardship. In order to prove the existence of hardship, the applicant shall establish that: (i) the property is incapable if eaming a reasonable return, regardless of whether the return represents the most profitable return possible; (ii) the property cannot be adapted for any other use, whether by the current owner or by a purchaser, which would result in a reasonable retum; and (iii) efforts to find a purchaser interested in acquiring the property and preserving it have failed. Section 56-10 Alteration Hardship Criteria An applicant whose certificate of appropriateness for a proposed alteration has been denied may apply for relief on the ground of hardship. In order to prove the existence of hardship, the applicant shall establish that the property in incapable of earning a profitable return, regardless of whether that return represents the most profitable return possible. Section 56-11 Hardship Application Procedure (a) After receiving written notification from the commission of the denial of a certificate of appropriateness, an applicant my commence the hardship process. No building permit or demolition permit shall be issued unless the commission makes a finding that a hardship exists. (b) The commission may hold a public hearing on the hardship application at which an opporttmity will be provided for proponents and opponents of the application to present their views. (c) The applicant shall consult in good faith with the commission, local preservation groups, and interested parties in a diligent effort to seek an alternative that will result in the preservation of the property. (d) All decisions of the commission shall be in writing. A copy shall be sent to the applicant by registered mail and a copy filed with the town clerk's office for public inspection. The commission's decision shall state the reasons for granting or denying the hardship application. If the application is granted, the commission shall approve only such work as is necessary to alleviate the hardship. Section 56-12 Enforcement All work performed pursuant to a certificate of appropriateness issued under this ordinance shall conform to any requirements included herein. It shall be the duty of the building code enforcement officer to periodically inspect any such work to assure compliance. In the event work is found that is not being performed in accordance with the certificate of appropriateness, or upon notification of such fact by the historic preservation commission, the building code enforcement officer shall issue a stop work order and all work shall immediately cease. No further work shall be undertaken on the project as long as a stop work order is in effect. Section 56-13 Maintenance and Repair required Nothing in this ordinance shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a landmark or property within a historic district which does not involve a change in design, material, or outward appearance. No owner or person with an interest in real property designated as a landmark or included within an historic district shall permit the property to fall into a serious state of disrepair which would result in the deterioration of any exterior architecture; feature which would, in the judgment of the historic preservation commission, produce a detrimental effect upon the character of the historic district as a whole or the life and character of the property itselfi Examples of such deterioration include: (a) deterioration of exterior walls or other vertical supports; (b) deterioration of roofs or other horizontal members; (c) deterioration of exterior chimneys; (d) deterioration or crumbling of exterior stucco or mortar; (e) ineffective waterproofing of exterior walls, roofs, or foundations, including broken windows or doors; and (t) deterioration of any feature so as to create a hazardous condition which could lead to the claim that demolition is necessary for the public safety. Section 56-14 Violations (a) Failure to comply with any of the provisions of this ordinance shall be deemed a violation and the violator shall be liable to a fine of not less than $250 nor more than $1000 for each day the violation continues. (b) Any person who demolishes, alters, constructs, or permits a designated property to fall into a serious state of disrepair in violation of this ordinance shall be required to restore the property and its site to its appearance prior to the violation. Any action to enfome this subsection shall be brought by the town attorney. This civil remedy shall be in addition to an not in lieu of any criminal prosecution and penalty. Section 56-15 Appeals Any person aggrieved by a designation decision by the Town Board or a decision of the historic preservation commission relating to a hardship or a certificate of appropriateness may, within 45 days of the decision, file a written application with the Town Board for review of the decision. Reviews shall be conducted and based on the same record that was before the Town Board or commission and using the same criteria. Attachment A Historic Preservation Commission 7 Members, 4 year appointment, town wide. Year Nexv Members Old Members 1 7 2 1 6 3 2 4+1 4 2 2+1+2 5 2 1+2+2 6 I 2+2+2 7 Repeat Attachment B Historic District Review Board 3 Members, 4 year appointment, specific to historic district Year New Members 1 3 2 3 3 1 2 4 2+1 5 2 1 6 1+2 7 Repeat Old Members