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Home My WebLink AboutLL 2004 #22 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 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 825 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 16, 2004: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, Nexv York, on the 26TM day of October 2004 a Local Law entitled "A Local Law in relation to the Preservation of Historic Landmarks." and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law which time all interested persons were given an opportunity to be heard. RESOLVED that the Toxvn Board of the Town of Southold hereby enacts the following Local La,v: LOCAL LAW NO. 22 2004 A Local Law in relation to the Preservation of Historic Landmarks. BE IT ENACTED by the Town Board of the Town of Southold as foilows: I. CODE AMENDMENT. Chapter 56 of the Code of the Town of Southold is hereby repealed in its entirety and replaced with the following: § 56-1. Title. This chapter shall be knoxvn and may be cited as the "Historic Landmarks Preservation Law of Southold Town." § 56-2. Purpose. Within the Town of Southold there exist landmarks of special historic significance, which by reason of their history, antiquity, uniqueness, architecture and/or character contribute to a strong sense of identity within their communities and provide tangible linkages to the Town's historic, architectural and cultural heritage. The Town of Southold believes it important to afford proper recognition to these historic landmarks and to protect them from incompatible alterations or demolition and maintain them for the continuing recognition, use and enjoyment of current and future residents and visitors of the Town. In doing so, it is also expressly the intent of the Town of Southold not to affect, abridge, limit or change in any way the uses permitted by the zoning regulations as applicable to such properties. By the enactment of this Local Law, it is the Town's intention to meet these objectives and those set forth by the Town in its comprehensive planning documents and Local Waterfront Revitalization Program, by: (a) Emphasizing as a statement of local policy that the conservation, protection, enhancement and preservation of such historic landmarks is necessary to promote the cultural, economic, educational and general welfare of the Town's residents; (b) Encouraging the identification and recognition of historic resources which represent distinctive elements of historic, architectural and cultural heritage; and (c) Providing for the careful, thoughtful and informed evaluation of any proposed demolition or removal or alteration of the facade of any historic landmark affected by this Local Law; (d) Promoting heritage tourism; and (e) Maintaining visual compatibility with the historic character of neighboring properties in public view. § 56-3. Definitions. Unless specifically defined beloxv, words or phrases in this Local Law shall be interpreted as to give them the same meaning they have in common usage and as to apply this Local Law consistent with its statement of purpose. ADAPTIVE REUSE - A process that adapts buildings for new uses while retaining their historic features. ALTERATION - Any act, process or work that significantly changes the exterior appearance or exterior architectural features of a landmark, including the renovation, restoration, reconstruction, obstruction, addition to or removal of any part of such a landmark. DEMOLITION - The destruction, razing, disassembly or collapse of a landmark, or the engagement in acts that will necessarily cause such effect. FACADE - The elevations/faces of a landmark visible from a public street. HISTORIC - Those landmarks designated as such pursuant to §56-10 of this Chapter. REMOVAL Any relocation of a landmark on its site or to another site. § 56-4. Powers and Duties of the Historic Preservation Commission. A. There is hereby created a commission to be known as the Town of Southold Historic Preservation Commission. Ihe Historic Preservation Commission shall consist of five (5) members to be appointed by the Town Board, to the extent available in the community, as follows: buildings; At least one member shall be an architect experienced in working with historic 2. At least one member shall have demonstrated significant interest in and commitment to the field of historic preservation; and 3. All members shall have a known interest in historic preservation and architectural development within the Town of Southold. B. Members of the Historic Preservation Commission shall serve for a term of four years xvith the exception of the initial term of one of the members which shall be for one year, two xvhich shall be for two years, and two xvhich shall be for three years. C. There shall be a Secretary to the Commission who shall be responsible for the keeping of meeting minutes, publication of meeting minutes, posting of public notices and any other relevant duties. D. The Chair, the Vice Chair and the Secretary of the Commission shall be elected by and from the members of the Commission annually at the first regular meeting of the calendar year, except for the first organizational meeting convened after this local law is enacted. E. The powers of the Commission shall include: 1. Employment of staff and professional consultants as necessary to carry out the duties of the Commission, within the limits of appropriations of the Town Board; 2. Promulgation of rules and regulations as necessary for the conduct of its business; 3. Conduct of surveys of significant historic, architectural, and cultural landmarks and historic districts within the Town; 4. Designation and recommendation of identified landmarks or resources as historic landmarks; 5. Recommend acceptance to the Toxvn Board of the donation of fagade easements and development rights, and the making of recommendations to the Town Board concerning the acquisition of faqade easements or other interests of real property as necessary to carry out the purposes of this act; 6. Increasing public awareness of the value of historic, cultural, and architectural preservation by developing and participating in public education programs; 7. Making recommendations to Town government concerning the utilization of state, federal or private funds to promote the preservation of landmarks and historic districts within the Town; 8. Recommending acquisition of a landmark by the Town Board where its preservation is essential to the purposes of this act and where private preservation is not feasible; and 9. Approval or disapproval of applications for Certificates of Appropriateness of demolition, alteration or economic hardship pursuant to this act. F. The Commission shall meet at least monthly, but meetings may be held at any time on the written request of any two of the Commission members or on the call of the Chair. G. A quorum for the transaction of business shall consist of 3 of the Commission's members, but not less than a majority of the full authorized membership may grant or deny a Certificate of Appropriateness. H. All members shall attend and complete relevant training programs as the Town Board may require. I. The Commission shall publish and update as needed "A Guide to Historic Preservation in Southold Town. § 56-5. Designation of Historic Landmarks. (a) Upon application of the property owner, the Historic Preservation Commission shall have the authority to recommend that the Town Board designate individual landmarks as "historic" and thereby subject to the provisions of this Chapter, if such landmarks: 1. Qualify for inclusion on the State or National Registers of Historic Places; or Possess significant character or historic, aesthetic or archaeological interest or value as part of the cultural, architectural, economic or social heritage of the community or Town, i.e., those included on the Society for the Preservation of Long Island Antiquities List (SPLIA); or 3. Are the site of an historic event or are identified with historic personages; or 4. Possess a unique location or physical characteristic, thereby representing an established and familiar visual feature of the community or Town. Owners of landmarks that meet the qualifications for designation under any of the above sections (a) l.-4. may apply to have their properties granted landmark status and to be covered by this Chapter. Those properties currently on the SPLIA list are automatically considered eligible, and may formally request designation. The Town Clerk shall send notice pursuant to Chapter 58 of the Town Code of any such proposed designation to the owner of record of the property proposed for designation, describing the property proposed and announcing a public heating by the Town Board to consider the designation. Once the Town Board has issued notice of a proposed designation, no demolition or building permits shall be issued with regard to the property until the Town Board has made its decision on the proposed designation. The Town Board shall hold a public heating prior to taking action on any proposed designation. The Historic Preservation Commission, owners and any interested parties may present any relevant testimony or documentary evidence at the heating, all of which will become part of the record. The record may also contain staffreports, public comments, and other evidence offered outside o f the hearing. (b) Notwithstanding the foregoing, the landmarks located within the Town of Southold listed, as of the effective date of this Local Law, on the Southold Town Designated Landmarks Roster, the State or National Registers of Historic Places, or listed as "contributing buildings or sites" in a State or National Register Historic District or National Landmark District, are hereby designated as "historic" for the purposes of this Chapter. A listing of such landmarks is annexed hereto and made a part of this Local Law. (c) Recognition. All oxvners of designated and approved landmarks in the Town will be awarded a special Certificate of Recognition and/or a plaque to acknowledge their property as an official Southold Town Landmark. § 56-6. Certificate of Appropriateness for Alteration, Demolition or New Construction. No person shall carry out any of the following activities without first obtaining a Certificate of Appropriateness specifically permitting such activity from the Town of Southold Historic Preservation Commission: (a) the demolition or removal of landmarks designated as "historic" pursuant to §56-5 of this Local Laxv; or (b) the alteration of the facade of landmarks designated as "historic" pursuant to §56-5 of this Local Law. No demolition or building permit shall be issued for such activities without such Certificate of Appropriateness. The Certificate of Appropriateness required by this Chapter shall be in addition to and not in lieu of any building permit that may be required by any other Chapter of the Town Code of the Town of Southold. § 56-7. Procedure for Applying to Historic Preservation Commission for Certificate of Appropriateness. (a) In all cases where a Certificate of Appropriateness is required by the Historic Preservation Commission, an applicant shall provide the Historic Preservation Commission with the following information on the prescribed form: 1. Name, address and telephone number of the applicant; location, tax map number, and photographs of each side of the landmark; and a brief description of the landmark indicating (approximate) date of construction, name of architect (if known), historic and/or architectural and archaeological significance and a description of its setting, including related grounds, accessory buildings and structures and property boundaries, the nature of the work proposed, and elevation drawings, if available; 2. history of the recent (i.e., past 10 years) use, occupancy and ownership of the property; 3. name, address and telephone number of the individual, contractor, or corporation performing the work; 4. application fee receipt; and 5. any information required by the Historic Preservation Commission to make a determination on an application. (b) The Historic Preservation Commission shall hold a public heating within sixty (60) days after receipt of an application completed in accordance with this Section. At the heating, all interested persons shall be provided the opportunity to present their views. Notice of the public hearing shall be published at least once in a newspaper of general circulation in the Town, i.e., the Town's official newspaper, at least ten (10) days prior to the date of the public hearing. At the hearing, the Historic Preservation Commission may take testimony and entertain the submission of written evidence from any person. (c) The Historic Preservation Commission shall act to approve, deny or approve xvith conditions the application for a Certificate of Appropriateness within sixty (60) calendar days after the conclusion of the heating except where such time shall be extended by mutual agreement o f the Historic Preservation Commission and the applicant. Such determination shall be in writing and accompanied by findings, which findings shall seek to balance, to the extent practicable, the objectives of the applicant with broader issues that may be associated xvith the value of the historic site or landmark to the community's heritage. Within seven (7) days following the determination, the applicant shall be sent by registered mail either an Certificate of Appropriateness or a denial and a copy thereof shall be provided to the Building Department of the Town. In the case of the granting of a Certificate of Appropriateness, the Historic Preservation Commission shall be empowered to impose reasonable conditions upon the applicant to ensure that the activity is conducted in a manner which is consistent with the spirit and intent of this Local Law. A denial of the application shall be accompanied by a written statement of the reasons for the denial. In the case of denial, the Historic Preservation Commission shall be required to make recommendations to the applicant concerning reuse or restoration of the landmark. The Historic Preservation Commission may also notify a governmental agency with the authority to acquire the property and prevent its demolition through exercise of its power of eminent domain. § 56-8. Criteria for Approval of Alteration of the Facades of Historic Landmarks. The Historic Preservation Commission, in reviewing an application for the alteration of the facades of landmarks designated as "historic" pursuant to {}56-5 of this Local Law, shall not consider changes to interior spaces. In addition to the factors enumerated in §56-9(a), the Commission shall consider the following criteria: (a) Whether the proposed alteration is consistent xvith principles of adaptive reuse, whereby the principal historic features of the landmark are maintained while permitting the use of the landmark for new uses other than its original use; (b) The similarity in design, architecture and appearance of the proposed alteration with the historic design, architecture and appearance; (c) The necessity for complying with the applicable building codes or other federal or state regulations; (d) The necessity of such alteration to allow for a use of the property permitted by the Town Code in the applicable zoning district; and (e) The public interest in preserving the historic features of the landmark and its relation to the historic character of the community and Town. §56-9. Criteria for Approval of Demolition or Removal of Historic Landmarks. (a) In passing upon an application for Certificate of Appropriateness of demolition or removal, the Historic Preservation Commission decision shall consider xvhether: 1. the landmark is of such architectural or historic interest that its demolition or removal would be to the detriment of the public interest; 2. retention of the landmark in its current form or location is important to the Toxvn's history or character; 3. the landmark is of such old and unusual or uncomraon design, texture and material that it could not be reproduced or be reproduced only with great difficulty; 4. retention of the landmark would help preserve and protect an historic place or area of historic interest in the Town; and 5. retention of the landmark will promote the general welfare by maintaining and increasing real estate values and encourage interest in American and local history and architecture. (b) If the Historic Preservation Commission determines that an application for Certificate of Appropriateness of demolition or removal should be denied, the applicant may apply for relief on the ground that the determination results in a hardship in accordance with the procedures in §56- 10. § 56-10. Hardship Criteria for Approval of Demolition, Removal or Alteration of Historic Landmarks. If the Historic Preservation Commission denies an application for the demolition, removal or alteration ora landmark designated as "historic" pursuant to §56-10 of this Local Law, the applicant may request approval from the Town Board on the grounds that the prohibition on such demolition or removal will subject the applicant to undue hardship. In evaluating whether such prohibition will subject the applicant to undue hardship, the Town Board shall consider the following criteria: (a) Whether the owner is capable of earning a reasonable return on investment without such demolition, removal or alteration; (b) Whether the landmark can be altered, restored, renovated or adapted for any other use pursuant to a Certificate of Appropriateness under this Chapter, either by the owner or a subsequent purchaser, which would enable a reasonable retum; (c) Whether removal or alteration is necessary or appropriate to preserve the landmark; (d) Whether the claimed hardship has been self-created by waste, neglect, or failure to maintain the landmark; and (e) The public interest in preserving the landmark and its relation to the historic character of the community and Town. Nothing herein shall be construed to prevent the demolition, removal or alteration of any structure xvhich has been determined by resolution of the Town Board of the Town of Southold to be dangerous or unsafe. § 56-11. Appeals. Any person aggrieved by a decision of the Historic Preservation Commission relating to an application under this Chapter may, within thirty (30) days of the decision, file a written application xvith the Town Board for review of the decision. Reviews shall be conducted based on the same record that was before the commission and using the criteria set forth in this Chapter. § 56-12. Enforcement. All activities conducted and work performed pursuant to a Certificate of Appropriateness issued by the Historic Preservation Commission under this Local Law shall conform to the specific requirements of the Certificate of Appropriateness. It shall be the duty of the Code Enforcement Officer to inspect periodically any such activities or work to ensure compliance. In the event it is determined that such activities or work are not being conducted or performed in accordance with the Certificate of Appropriateness, the Code Enforcement Officer shall issue a stop work order and all affected activities and work shall immediately cease. No further affected activities or work shall be undertaken while the stop work order is in effect. § 56-13. Violations. Any violation of the provisions of this Local Law shall be violation of the Town Code and shall be punishable by a fine not to exceed one thousand dollars ($1000.00). Each week's continuing violation shall constitute a separate violation. The Town Attorney is authorized and directed to cooperate with the Code Enforcement Officer to institute any and all actions and proceedings necessary to enforce this Local Law. Any civil remedy shall be in addition to and not in lieu of any criminal prosecution or penalty. §56-14. Fees. An applicant may be charged a fee by the Historic Preservation Commission for the cost of processing and reviewing an application for a Certificate of Appropriateness, including reasonable costs incurred for its private consultants, and for the actual cost of preparation and publication of each public notice of hearing with respect to any application. All such fees shall be in accordance with a fee schedule established and periodically reviewed by the Town Board. II. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. III. Effective Date. This Local Law shall be effective immediately upon its filing in the Office of the Secretary of State. Elizabeth A. Neville Southold Town Clerk 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 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 807 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 16, 2004: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "A Local Law in relation to the Preservation of Historic Landmarks" is classified as a Type II Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 6 l 7.5, and is not subject to review under SEQRA. Elizabeth A. Neville Southold Town Clerk STATE OF NEW YORK DEPARTMENT OF STATE 4 I State Stre~r ALBANY, NY 12231-0001 GEoRGe e. PATAKi December 1,2004 RANDY A DANIEL$ RECEIVED Town of Southold Office of the Town Clerk Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 9EC 7 Sonthold Town Clerk RE: Town of Southold, Local Law 22, 2004, filed on 11/24/2004 To Whom It May Concern: The above referenced material was received and filed by this office as indicated. Additional local law filing forms will be forwarded upon request. Sincerely, Linda Lasch Principal Clerk State Records & Law Bureau (518) 474-2755 LL:cb Local Lan, Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET~ ALBANY~ NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Town of SOUTHOLD LOCAL LAW NO. 22 2004 A Local Law in relation to the Preservation of Historic Landmarks. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. CODE AMENDMENT. Chapter 56 of the Code of the To~vn of Southold is hereby repealed in its entirety and replaced with the following: § 56-1. Title. This chapter shall be knoxvn and may be cited as the "Historic Landmarks Preservation Laxv of Southold Town." § 56-2. Purpose. Within the Town of Southold there exist landmarks of special historic significance, which by reason of their history, antiquity, uniqueness, architecture and/or character contribute to a strong sense of identity within their communities and provide tangible linkages to the Toxvn's historic, architectural and cultural heritage. The Town of Southold believes it important to afford proper recognition to these historic landmarks and to protect them from incompatible alterations or demolition and maintain them for the continuing recognition, use and enjoyment of current and future residents and visitors of the Town. In doing so, it is also expressly the intent of the Tmvn of Southold not to affect, abridge, limit or change in any way the uses permitted by the zoning regulations as applicable to such properties. By the enactment of this Local Laxv, it is the Town's intention to meet these objectives and those set forth by the Town in its comprehensive planning documents and Local Waterfront Revitalization Program, by: (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev. I 1'99) (1) (a) Emphasizing as a staterl~l~ht of local policy that the conservation,~[~otection, enhancement and preservation of such historic landmarks is necessary to promote the cultural, economic, educational and general welfare of the Town's residents; (b) Encouraging the identification and recognition of historic resources which represent distinctive elements of historic, architectural and cultural heritage; and (c) Providing for the careful, thoughtful and informed evaluation of any proposed demolition or removal or alteration of the facade of any historic landmark affected by this Local Laxv; (d) Promoting heritage tourism; and (e) Maintaining visual compatibility with the historic character of neighboring properties in public view. § 56-3. Definitions. Unless specifically defined below, ~vords or phrases in this Local La~v shall be interpreted as to give them the same meaning they have in common usage and as to apply this Local Law consistent ~vith its statement of purpose. ADAPTIVE REUSE - A process that adapts buildings for ne~v uses while retaining their historic features. ALTERATION - Any act, process or work that significantly changes the exterior appearance or exterior architectural features of a landmark, including the renovation, restoration, reconstruction, obstruction, addition to or removal of any part of such a landmark. DEMOLITION - The destruction, razing, disassembly or collapse ora landmark, or the engagement in acts that xvill necessarily cause such effect. FACADE - The elevations/faces of a landmark visible from a public street. HISTORIC - Those landmarks designated as such pursuant to §56-10 of this Chapter. REMOVAL - Any relocation of a landmark on its site or to another site. § 56-4. Powers and Duties of the Historic Preservation Commission. A. There is hereby created a commission to be known as the Town of Southold Historic Preservation Commission. The Historic Preservation Commission shall consist of five (5) members to be appointed by the Town Board, to the extent available in the community, as follows: 1. At least one member shall be an architect experienced in working with historic buildings; 2. At least one member shall have demonstrated significant interest in and commitment to the field of historic preservation; and 3. All members shall have a known interest in historic preservation and architectural development xvithin the Town of Southold. B. Members of the Historic Preservation Commission 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 txvo years, and two which shall be for three years. C. There shall be a Secretary to the Commission who shall be responsible for the keeping of meeting minutes, publication of meeting minutes, posting of public notices and any other relevant duties. D. The Chair, the Vice Chair and the Secretary of the Commission shall be elected by and from the members of the Commission annually at the first regular meeting of the calendar year, except for the first organizational meeting convened after this local law is enacted. E. The powers of the Commission shall include: 1. Employment of staff and professional consultants as necessary to carry out the duties of the Commission, within the limits of appropriations of the Town Board; 2. Promulgation of rules and regulations as necessary for the conduct of its business; 3. Conduct of surveys of significant historic, architectural, and cultural landmarks and historic districts within the Town; 4. Designation and recommendation of identified landmarks or resources as historic landmarks; 5. Recommend acceptance to the Town Board of the donation of fagade easements and development rights, and the making of recommendations to the Town Board concerning the acquisition of facade easements or other interests of real property as necessary to carry out the purposes of this act; 6. Increasing public awareness of the value of historic, cultural, and architectural preservation by developing and participating in public education programs; 7. Making recommendations to Town government concerning the utilization of state, federal or private funds to promote the preservation of landmarks and historic districts within the Town; 8. Recommending acquisition of a landmark by the Town Board where its preservation is essential to the purposes of this act and where private preservation is not feasible; and 9. Approval or disapproval of applications for Certificates of Appropriateness of demolition, alteration or economic hardship pursuant to this act. F. The Commission shall meet at least monthly, but meetings may be held at any time on the written request of any two of the Commission members or on the call of the Chair. G. A quorum for the transaction of business shall consist of 3 of the Commission's members, but not less than a majority of the full authorized membership may grant or deny a Certificate of Appropriateness. H. All members shall attend and complete relevant training programs as the Town Board may require. I. The Commission shall publish and update as needed "A Guide to Historic Preservation in Southold Town. § 56-5. Designation of Historic Landmarks. (a) Upon application of the property owner, the Historic Preservation Commission shall have the authority to recommend that the Town Board designate individual landmarks as "historic" and thereby subject to the provisions of this Chapter, if such landmarks: 1. Qualify for inclusion on the State or National Registers of Historic Places; or Possess significant character or historic, aesthetic or archaeological interest or value as part of the cultural, architectural, economic or social heritage of the community or Town, i.e., those included on the Society for the Preservation of Long Island Antiquities List (SPLIA); or 3. Are the site of an historic event or are identified with historic personages; or 4. Possess a unique location or physical characteristic, thereby representing an established and familiar visual feature of the community or Town. Owners of landmarks that meet the qualifications for designation under any of the above sections (a) l.-4. may apply to have their properties granted landmark status and to be covered by this Chapter. Those properties currently on the SPLIA list are automatically considered eligible, and may formally request designation. The Town Clerk shall send notice pursuant to Chapter 58 of the Town Code of any such proposed designation to the owner of record of the property proposed for designation, describing the property proposed and announcing a public heating by the Town Board to consider the designation. Once the Town Board has issued notice ora proposed designation, no demolition or building permits shall be issued with regard to the property until the Town Board has made its decision on the proposed designation. The Town Board shall hold a public hearing prior to taking action on any proposed designation. The Historic Preservation Commission, owners and any interested parties may present any relevant testimony or documentary evidence at the hearing, all of which will become part of the record. The record may also contain staff reports, public comments, and other evidence offered outside of the hearing. (b) Not~vithstanding the foregoing, the landmarks located within the Town of Southold listed, as of the effective date of this Local Law, on the Southold Town Designated Landmarks Roster, the State or National Registers of Historic Places, or listed as "contributing buildings or sites" in a State or National Register Historic District or National Landmark District, are hereby designated as "historic" for the purposes of this Chapter. A listing of such landmarks is annexed hereto and made a part of this Local Law. (c) Recognition. All owners of designated and approved landmarks in the Toxvn xvill be awarded a special Certificate of Recognition and/or a plaque to acknowledge their property as an official Southold Town Landmark. § 56-6. Certificate of Appropriateness for Alteration, Demolition or New Construction. No person shall carry out any of the folloxving activities without first obtaining a Certificate of Appropriateness specifically permitting such activity from the Town of Southold Historic Preservation Commission: (a) the demolition or removal of landmarks designated as "historic" pursuant to {}56-5 of this Local Law; or (b) the alteration of the facade of landmarks designated as "historic" pursuant to {}56-5 of this Local Law. No d'emolition or building permit be issued for such activities xvithout~J~h Certificate of Appropriateness. The Certificate of Appropriateness required by this Chapter shall be in addition to and not in lieu of any building permit that may be required by any other Chapter of the Town Code of the Town of Southold. § 56-7. Procedure for Applying to Historic Preservation Commission for Certificate of Appropriateness. (a) In all cases where a Certificate of Appropriateness is required by the Historic Preservation Commission, an applicant shall provide the Historic Preservation Commission xvith the following information on the prescribed form: 1. Name, address and telephone number of the applicant; location, tax map number, and photographs of each side of the landmark; and a brief description of the landmark indicating (approximate) date of construction, name of architect (if known), historic and/or architectural and archaeological significance and a description of its setting, including related grounds, accessory buildings and structures and property boundaries, the nature of the work proposed, and elevation drawings, if available; 2. history of the recent (i.e., past 10 years) use, occupancy and ownership of the property; 3. name, address and telephone number of the individual, contractor, or corporation performing the work; 4. application fee receipt; and 5. any information required by the Historic Preservation Commission to make a determination on an application. (b) The Historic Preservation Commission shall hold a public heating within sixty (60) days after receipt of an application completed in accordance with this Section. At the hearing, all interested persons shall be provided the opportunity to present their views. Notice of the public heating shall be published at least once in a newspaper of general circulation in the Town, i.e., the Town's official newspaper, at least ten (10) days prior to the date of the public heating. At the heating, the Historic Preservation Commission may take testimony and entertain the submission of written evidence from any person. (c) The Historic Preservation Commission shall act to approve, deny or approve with conditions the application for a Certificate of Appropriateness within sixty (60) calendar days after the conclusion of the hearing except where such time shall be extended by mutual agreement of the Historic Preservation Commission and the applicant. Such determination shall be in writing and accompanied by findings, which findings shall seek to balance, to the extent practicable, the objectives of the applicant with broader issues that may be associated with the value of the historic site or landmark to the community's heritage. Within seven (7) days following the determination, the applicant shall be sent by registered mail either an Certificate of Appropriateness or a denial and a copy thereof shall be provided to the Building Department of the Town. In the case of the granting of a Certificate of Appropriateness, the Historic Preservation Commission shall be empoxvered to impose reasonable conditions upon the applicant to ensure that the activity is conducted in a manner xvhich is consistent xvith the spirit and intent of this Local Laxv. A denial of the application shall be accompanied by a ~vritten statement of the reasons for the denial. In the case of denial, the Historic Preservation Commission shall be required to make recommendations to the applicant concerning reuse or restoration of the landmark. The Historic Preservation Commission may also notify a governmental agency xvith the authority to acquire the property and prevent its demolition through exercise of its power of eminent domain. · § 56~8. Criteria for Approval of~teration of the Facades of Historic Ltdmarks. The Historic Preservation Commission, in reviewing an application for the alteration of the facades of landmarks designated as "historic" pursuant to {}56-5 of this Local Law, shall not consider changes to interior spaces. In addition to the factors enumerated in {}56-9(a), the Commission shall consider the following criteria: (a) Whether the proposed alteration is consistent with principles of adaptive reuse, whereby the principal historic features of the landmark are maintained while permitting the use of the landmark for nexv uses other than its original use; (b) The similarity in design, architecture and appearance of the proposed alteration with the historic design, architecture and appearance; (c) The necessity for complying with the applicable building codes or other federal or state regulations; (d) The necessity of such alteration to allow for a use of the property permitted by the Town Code in the applicable zoning district; and (e) The public interest in preserving the historic features of the landmark and its relation to the historic character of the conununity and Town. §56-9. Criteria for Approval of Demolition or Removal of Historic Landmarks. (a) In passing upon an application for Certificate of Appropriateness of demolition or removal, the Historic Preservation Commission decision shall consider whether: 1. the landmark is of such architectural or historic interest that its demolition or removal would be to the detriment of the public interest; 2. retention of the landmark in its current form or location is important to the Town's history or character; 3. the landmark is of such old and unusual or uncommon design, texture and material that it could not be reproduced or be reproduced only with great difficulty; 4. retention of the landmark would help preserve and protect an historic place or area of historic interest in the Town; and 5. retention of the landmark will promote the general welfare by maintaining and increasing real estate values and encourage interest in American and local history and architecture. (b) If the Historic Preservation Commission determines that an application for Certificate of Appropriateness of demolition or removal should be denied, the applicant may apply for relief on the ground that the determination results in a hardship in accordance with the procedures in {}56-10. § 56-10. Hardship Criteria for Approval of Demolition, Removal or Alteration of Historic Landmarks. if the Historic Preservation Commission denies an application for the demolition, removal or alteration of a landmark designated as "historic" pursuant to {}56-10 of this Local Law, the applicant may request approval from the Town Board on the grounds that the prohibition on such demolition or removal will subject the applicant to undue hardship. In evaluating whether such prohibition will subject the applicant to undue hardship, the Town Board shall consider the follo~ving criteria: (a) Whether the owner is c~llYable of earning a reasonable return on l'l~estment without such demolition, removal or alteration; (b) Whether the landmark can be altered, restored, renovated or adapted for any other use pursuant to a Certificate of Appropriateness under this Chapter, either by the owner or a subsequent pumhaser, xvhich xvould enable a reasonable return; (c) Whether removal or alteration is necessary or appropriate to preserve the landmark; (d) Whether the claimed hardship has been self-created by waste, neglect, or failure to maintain the landmark; and (e) The public interest in preserving the landmark and its relation to the historic character of the community and Town. Nothing herein shall be construed to prevent the demolition, removal or alteration of any structure which has been determined by resolution of the Town Board of the To~vn of Southold to be dangerous or unsafe. § 56-11. Appeals. Any person aggrieved by a decision of the Historic Preservation Commission relating to an application trader this Chapter may, within thirty (30) days of the decision, file a written application with the Town Board for review of the decision. Reviews shall be conducted based on the same record that was before the commission and using the criteria set forth in this Chapter. § 56-12. Enforcement. All activities conducted and work performed pursuant to a Certificate of Appropriateness issued by the Historic Preservation Commission under this Local Law shall conform to the specific requirements of the Certificate of Appropriateness. It shall be the duty of the Code Enforcement Officer to inspect periodically any such activities or work to ensure compliance. In the event it is determined that such activities or work are not being conducted or performed in accordance with the Certificate of Appropriateness, the Code Enforcement Officer shall issue a stop work order and all affected activities and xvork shall immediately cease. No further affected activities or work shall be undertaken while the stop work order is in effect. § 56-13. Violations. Any violation of the provisions of this Local Law shall be violation of the Town Code and shall be punishable by a fine not to exceed one thousand dollars ($1000.00). Each week's continuing violation shall constitute a separate violation. The Town Attorney is authorized and directed to cooperate with the Code Enforcement Officer to institute any and all actions and proceedings necessary to enforce this Local Law. Any civil remedy shall be in addition to and not in lieu of any criminal prosecution or penalty. §56-14. Fees. An applicant may be charged a fee by the Historic Preservation Commission for the cost of processing and reviewing an application for a Certificate of Appropriateness, including reasonable costs incurred for its private consultants, and for the actual cost of preparation and publication of each public notice of hearing with respect to any application. All such fees shall be in accordance with a fee schedule established and periodically reviewed by the Town Board. II. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IlL Effective Date. This Local Laxv shall be effective immediately upon its filing in the Office of the Secretary of State. (Complete the certification in the paragraph that applies to the fding of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) hereby certify that the local law annexed hereto, designated as local law No. 22 of 20 04 of thc ~fen~)x~i~(Town) (a,;i4~) of. SOUTHOLD xvas duly passed by thc TOWN BOARD on November 16 , 20 04 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(To~vn)(Village) of was duly passed by the on 20 , and was (approved)(not approved)(repassed after disapproval) by the and was deemed duly adopted on 20 in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Tox~n)(Village) of was duly passed by the on 20 ., and was (approved)(not approved)(repassed after disapproval) by the on 20 . Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local laxv annexed hereto, designated as local law No. of 20 of the (Connty)(City)(Town)(Village) of was duly passed by the on 20 __ , and was (approved)(not approved) (repassed after disapproval) by the on 20 Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide basis or, If there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. (2) 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 __ of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) o£the Municipal Home Rule Law, and having received the affirmative vote ora majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 ___, became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law xvith the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. Clerk of th~--~ounty le ,gi,"~lative body(City. Tow~or Village Clerk or officer designated b5 local legislat~L'°oody Elizabeth A. Neville, Town Clerk (Seal) Date: __ November 22, 2004 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law ann~ .~ // ~{gnatuTre . / (/~7 ~ ,l'atricia A. Fmnegan;--g'sq~ T~ow~h Attorney Title Town of SOUTHOLD Date: (3) November 22, 2004 SOUTHOLD TOWN BOARD PUBLIC HEARING November 16, 2004 5:00 P.M. HEARING ON "A LOCAL LAW IN RELATION TO THE PRESERVATION OF HISTORIC LANDMARKS" Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman John M. Romanelli Councilman Thomas H. Wickham Councilman Daniel C. Ross Councilman William P. Edxvards Deputy Town Clerk Linda J. Cooper Town Attorney Patricia A. Finnegan COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN, that there has been presented to the Toxvn Board of the Town of Southold, Suffolk County, Nexv York, on the 26th day of October, 2004 a Local Law entitled "A Local Law in relation to the Preservation of Historic Landmarks"; now, therefore, be it NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the November 16, 2004 at 5:00 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to the Preservation of Historic Landmarks" reads as follows: LOCAL LAW NO. 2004 A Local Law in relation to the Preservation of Historic Landmarks. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. CODE AMENDMENT. Chapter 56 of the Code of the Town of Southold is hereby repealed in its entirety and replaced with the following: § 56-1. Title. This chapter shall be known and may be cited as the "Historic Preservation Law of Southold Town." § 56-2. Purpose. Within the Town of Southold there exist landmarks of special historic significance, which by reason of their history, antiquity, uniqueness, architecture and/or character contribute to a strong sense of identity within their communities and provide tangible linkages to the Town's historic, architectural and cultural heritage. November 16, 2004 2 Public Hearing-Preservation of Historic Landmarks The Town of Southold believes it important to afford proper recognition to these historic landmarks and to protect them from incompatible alterations or demolition and maintain them for the continuing recognition, use and enjoyment of current and future residents and visitors of the Town. By the enactment of this Local Law, it is the Town's intention to meet these objectives and those set forth by the Town in its comprehensive planning documents and Local Waterfront Revitalization Program, by: (a) Emphasizing as a statement of local policy that the conservation, protection, enhancement and preservation of such historic landmarks is necessary to promote the cultural, economic, educational and general welfare of the Town's residents; (b) Encouraging the identification and recognition of historic resources which represent distinctive elements of historic, architectural and cultural heritage; and (c) Providing for the careful, thoughtful and informed evaluation of any proposed demolition or removal or alteration of the facade of any historic landmark affected by this Local Law; and (d) Promote heritage tourism. § 56-3. Definitions. Unless specifically defined below, words or phrases in this Local Law shall be interpreted as to give them the same meaning they have in common usage and as to apply this Local Law consistent with its statement of purpose. ADAPTIVE REUSE - A process that adapts buildings for new uses while retaining their historic features. ALTERATION - Any act, process or work that significantly changes the exterior appearance or exterior architectural features of a landmark, including the renovation, restoration, reconstruction, obstruction, addition to or removal of any part of such a landmark. DEMOLITION - The destruction, razing, disassembly or collapse of a landmark, or the engagement in acts that will necessarily cause such effect. FACADE - The exterior of the face of a landmark immediately facing a public street. HISTORIC - Those landmarks designated as such pursuant to §56-10 of this Chapter. REMOVAL - Any relocation of a landmark on its site or to another site. § 56-4. Prohibition on Certain Activities Without Certificate of Appropriateness from Historic Preservation Commission. No person shall carry out any of the following activities without first obtaining a Certificate of Appropriateness specifically permitting such activity from the To~vn of Southold Historic Preservation Commission: (a) the demolition or removal of landmarks designated as "historic" pursuant to §56-10 of this Local Law; or (b) the alteration of the facade of landmarks designated as "historic" pursuant to §56-10 of this Local Law. No demolition or building permit shall be issued for such activities without such Certificate of Appropriateness. The Certificate of Appropriateness required by this Chapter shall be in addition to and not in lieu of any building permit that may be required by any other Chapter of the Town Code of the Town of Southold. § 56-5. Procedure for Historic Preservation Commission Review. (a) In all cases xvhere a Certificate of Appropriateness is required by the Historic Preservation Commission, an applicant shall provide the Historic Preservation Commission ~vith the following information on the prescribed form: November 16, 2004 3 Public Hearing-Preservation of Historic Landmarks 1. location, tax map number, and photographs of each side of the landmark; and a brief description of the landmark indicating (approximate) date of construction, name of architect (if known), historic and/or architectural and archaeological significance and a description of its setting, including related grounds, accessory buildings and structures and property boundaries, the nature of the work proposed, and elevation drawings, if available; 2. history of the recent (i.e., past 10 years) use, occupancy and ownership of the property; 3. name, address and telephone number of the individual, contractor, or corporation performing the work; 4. application fee receipt; and 5. any information required by the Historic Preservation Commission to make a determination on an application. (b) The Historic Preservation Commission shall hold a public hearing within sixty (60) days after receipt of an application completed in accordance with this Section. At the hearing, all interested persons shall be provided the opportunity to present their views. Notice of the public hearing shall be published at least once in a newspaper of general circulation in the Town, i.e., the Town's official newspaper, at least ten (I0) days prior to the date of the public hearing. At the hearing, the Historic Preservation Commission may take testimony and entertain the submission of written evidence from any person. (c) The Historic Preservation Commission shall act to approve, deny or approve with conditions the application for a Certificate of Appropriateness within sixty (60) calendar days after the conclusion of the hearing except where such time shall be extended by mutual agreement of the Historic Preservation Commission and the applicant. Such determination shall be in writing and accompanied by findings, which findings shall seek to balance, to the extent practicable, the objectives of the applicant with broader issues that may be associated with the value of the historic site or landmark to the community's heritage. Within seven (7) days following the determination, the applicant shall be sent by registered mail either an Certificate of Appropriateness or a denial and a copy thereof shall be provided to the Building Department of the Town. In the case of the granting of a Certificate of Appropriateness, the Historic Preservation Commission shall be empowered to impose reasonable conditions upon the applicant to ensure that the activity is conducted in a manner which is consistent with the spirit and intent of this Local Law. A denial of the application shall be accompanied by a written statement of the reasons for the denial. In the case of denial, the Historic Preservation Commission shall be required to make recommendations to the applicant concerning reuse or restoration of the landmark. The Historic Preservation Commission may also notify a governmental agency with the authority to acquire the property and prevent its demolition through exercise of its power of eminent domain. {}56-6. Criteria for Approval of Demolition or Removal of Historic Landmarks. (a) In passing upon an application for Certificate of Appropriateness of demolition or removal, the Historic Preservation Commission decision shall consider whether: 1. the landmark is of such architectural or historic interest that its demolition or removal would be to the detriment of the public interest; 2. retention of the landmark in its current form or location is important to the Tox~a~'s history or character; 3. the landmark is of such old and unusual or uncommon design, texture and material that it could not be reproduced or be reproduced only with great difficulty; November 16, 2004 4 Public Hearing-Preservation of Historic Landmarks 4. retention of the landmark would help preserve and protect an historic place or area of historic interest in the Town; and 5. retention of the landmark will promote the general welfare by maintaining and increasing real estate values and encourage interest in American and local history and architecture. (b) If the Historic Preservation Commission determines that an application for Certificate of Appropriateness of demolition or removal should be denied, the applicant may apply for relief on the ground that the determination results in a hardship in accordance with the procedures in §56-7. § 56-7. Ilardship Criteria for Approval of Demolition, Removal or Alteration of Ilistorie Landmarks. If the Historic Preservation Commission denies an application for the demolition, removal or alteration of a landmark designated as "historic" pursuant to §56-10 of this Local Law, the applicant may request approval from the Town Board on the grounds that the prohibition on such demolition or removal will subject the applicant to undue hardship. In evaluating whether such prohibition will subject the applicant to undue hardship, the Town Board shall consider the following criteria: (a) Whether the owner is capable of earning a reasonable return on investment without such demolition, removal or alteration; (b) Whether the landmark can be altered, restored, renovated or adapted for any other use pursuant to a Certificate of Appropriateness under this Chapter, either by the owner or a subsequent purchaser, which would enable a reasonable return; (c) Whether removal or alteration is necessary or appropriate to preserve the landmark; (d) Whether the claimed hardship has been self-created by waste, neglect, or failure to maintain the landmark; and (e) The public interest in preserving the landmark and its relation to the historic character of the community and Town. Nothing herein shall be construed to prevent the demolition, removal or alteration of any structure which has been determined by resolution of the Town Board of the Town of Southold to be dangerous or unsafe. § 56-8. Criteria for Approval of Alteration of the Facade of Historic Landmarks. The Historic Preservation Commission, in reviewing an application for the alteration of the facade of landmarks designated as "historic" pursuant to §56-10 of this Local Law, shall, in addition to the factors enumerated in §56-6(a), consider the following criteria: (a) Whether the proposed alteration is consistent with principles of adaptive reuse, whereby the principal historic features of the landmark are maintained while permitting the use of the landmark for new uses other than its original use; (b) The similarity in design, architecture and appearance of the proposed alteration with the historic design, architecture and appearance; (c) The necessity for complying with the applicable building codes or other federal or state regulations; (d) The necessity of such alteration to allow for a use of the property permitted by the Town Code in the applicable zoning district; and (e) The public interest in preserving the historic features of the landmark and its relation to the historic character of the community and Town. § 56-9. Powers and Duties of the Ilistorie Preservation Commission. A. There is hereby created a commission to be known as the Town of Southold Historic Preservation Commission. The Historic Preservation Commission shall consist of five (5) members to be appointed by the Town Board, to the extent available in the community, as follows: November 16, 2004 5 Public Hearing-Preservation of Historic Landmarks 1. At least one member shall be an architect experienced in working with historic buildings; 2. At least one member shall have demonstrated significant interest in and commitment to the field of historic preservation; and 3. All members shall have a known interest in historic presentation and architectural development within the Town of Southold. B. Members of the Historic Preservation Commission 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. C. There shall be a Secretary to the Commission who shall be responsible for the keeping of meeting minutes, publication of meeting minutes, posting of public notices and any other relevant duties. D. The Chair, the Vice Chair and the Secretary of the Commission shall be elected by and from · the members of the Conunission annually at the first regular meeting of the calendar year, except for the first organizational meeting convened after this local law is enacted. E. The powers of the Commission shall include: 1. Employment of staff and professional consultants as necessary to can'y out the duties of the Commission, within the limits of appropriations of the Town Board; 2. Promulgation of rules and regulations as necessary for the conduct of its business; 3. Conduct of surveys of significant historic, architectural, and cultural landmarks and historic districts within the Town; 4. Designation and reconunendation of identified landmarks or resources as historic landmarks; 5. Recommend acceptance to the Town Board of the donation of faqade easements and development rights, and the making of recommendations to the Town Board concerning the acquisition of facade easements or other interests of real property as necessary to carry out the purposes of this act; 6. Increasing public awareness of the value of historic, cultural, and architectural preservation by developing and participating in public education programs; 7. Making recommendations to Town government concerning the utilization of state, federal or private funds to promote the preservation of landmarks and historic districts within the Town; 8. Recommending acquisition ora landmark by the Town Board where its preservation is essential to the purposes of this act and where private preservation is not feasible; and 9. Approval or disapproval of applications for Certificates of Appropriateness of demolition, alteration or economic hardship pursuant to this act. F. The Commission shall meet at least monthly, but meetings may be held at any time on the written request of any ~'o of the Commission members or on the call of the Chair. G. A quorum for the transaction of business shall consist of 3 of the Commission's members, but not less than a majority of the full authorized membership may grant or deny a Certificate of Appropriateness. H. All members shall attend and complete relevant training programs as the Town Board may require. I. The Commission shall publish and update as needed "A Guide to Historic Preservation in Southold Town. November 16, 2004 6 Public Hearing-Preservation of Historic Landmarks § 56-10. Designation of Historic Landmarks. (a) The Historic Preservation Commission shall have the authority to recommend that the Town Board designate individual landmarks as "historic" and thereby subject to the provisions of this Chapter, if such landmarks: 1. Qualify for inclusion on the State or National Registers of Historic Places; or 2. Possess significant character or historic, aesthetic or archaeological interest or value as part of the cultural, architectural, economic or social heritage of the community or Town, i.e., those included on the Society for the Preservation of Long Island Antiquities List (SPLIA); or 3. Are the site of an historic event or are identified with historic personages; or 4. Possess a unique location or physical characteristic, thereby representing an established and familiar visual feature of the community or Town. 5. Owners of landmarks that meet the qualifications for designation under any of the above sections (a)l .-4. may apply to have their properties granted landmark status and to be covered by this Chapter. Those properties currently on the SPLIA list are automatically considered eligible, and may formally request designation. The Town Clerk shall send notice pursuant to Chapter 58 of the Town Code of any such proposed designation to the owner of record of the property proposed for designation, describing the property proposed and announcing a public hearing by the Town Board to consider the designation. Once the Town Board has issued notice of a proposed designation, no demolition or building permits shall be issued with regard to the property until the Town Board has made its decision on the proposed designation. The Town Board shall hold a public hearing prior to taking action on any proposed designation. The Historic Preservation Commission, ov,~ers and any interested parties may present any relevant testimony or documentary evidence at the hearing, all of which will become part of the record. The record may also contain staff reports, public comments, and other evidence offered outside of the hearing. (b) Notwithstanding the foregoing, the landmarks located within the Town of Southold listed, as of the effective date of this Local Law, on the Southold Town Designated Landmarks Roster, the State or National Registers of Historic Places, or listed as "contributing buildings or sites" in a State or National Register Historic District or National Landmark District, are hereby designated as "historic" for the purposes of this Chapter. A listing of such landmarks is annexed hereto and made a part of this Local Law. § 56-11. Appeals. Any person aggrieved by a decision of the Historic Preservation Commission relating to an application under this Chapter may, within thirty (30) days of the decision, file a written application with the Town Board for review of the decision. Reviews shall be conducted based on the same record that ~vas before the commission and using the criteria set forth in this Chapter. § 56-11. Enforcement. All activities conducted and work performed pursuant to a Certificate of Appropriateness of the Historic Preservation Commission under this Local Law shall conform to the specific requirements of the Certificate of Appropriateness. It shall be the duty of the Code Enforcement Officer to inspect periodically any such activities or work to ensure compliance. In the event it is determined that such activities or work are not being conducted or performed in accordance with the Certificate of Appropriateness, the Code Enforcement Officer shall issue a stop work order and all affected activities November 16, 2004 7 Public Heating-Preservation of Historic Landmarks and work shall immediately cease. No further affected activities or work shall be undertaken while the stop work order is in effect. § 56-12. Violations. Any violation of the provisions of this Local Law shall be violation of the Town Code and shall be punishable by a fine not to exceed one thousand dollars ($1000.00). Each week's continuing violation shall constitute a separate violation. The Town Attorney is authorized and directed to cooperate with the Code Enforcement Officer to institute any and all actions and proceedings necessary to enforce this Local Law. Any civil remedy shall be in addition to and not in lieu of any criminal prosecution or penalty. §56-13. Fees. An applicant may be charged a fee by the Historic Preservation Commission for the cost of processing and reviewing an application for a Certificate of Appropriateness, including reasonable costs incurred for its private consultants, and for the actual cost of preparation and publication of each public notice of bearing with respect to any application. All such fees shall be in accordance with a £ee schedule established and periodically reviewed by the Town Board. II. Severability. If any clause~ sentence~ paragraph~ section~ or part of this Local Law shall be adiudged by any court of competent jurisdiction to be invalid~ the judgment shall not affect the validi ,ty of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid- III. Effective Date. This Local Law shall be effective immediately upon its filing in the Office of the Secretary of State. COUNCILMAN WICKHAM: I have several, first of all, this proposed local law, the legal notice has appeared in the local newspaper, it has appeared also on the Town Clerk's bulletin board outside and I have several different communications. One of them came from Ed Booth in a memo dated November 7th and I will summarize it, it is about a two-page memo. From Ed Booth, subject: Local Law in Relation to the Preservation of Historic Landmarks. "The Suffolk Times printed the proposed local law for the Preservation of Historic Landmarks on November 4th, the public hearing to be held November 16th. I am opposed to the mandatory aspects of the law. The law allows for the involuntary assignment of historic status to any structure or area that that Committee deems appropriate. The Society for the Preservation of Long Island Antiquities (SPLIA) carries an extensive list of structures in Southold but the law permits the Historic Preservation Committee (HPC) to designate any additional property as historic. The owner will be required to preserve the structure in good repair and may not alter the structure without approval by the HPC. This encumbers the property without the consent of the designee. No objective criteria for the historic designation such as the age or style of a structure appear in the law. There is no quid pro quo if the owner objects to designation. There is no reduction in real estate taxes or any other financial incentive to compensate the owner for any devaluation of a property due to its designation. If we must have a mandatory law, then the Town should be prepared to pay the owner the difference in appraised value before and after the designation. Given the expense of perpetual maintenance at the level required by the HPC, a substantial reduction in taxes would be appropriate. The To~m proposes to charge a fee for the expenses involved in granting historic designation. This is a one-time expense for the Town whereas the maintenance of the structure or other property goes on forever. The Town should be paying the property owner. For example, the Peconic Land Trust typically requires the donor of an easement to pay a lump sum on the order of $20,000 for their expected costs in monitoring compliance with the provisions of the easement. The law does not address the question of whether it will charge a fee to owners who are forced into an November 16, 2004 8. Public Hearing-Preservation of Historic Landmarks historic designation against their will. It is clear that any owner who wishes to own a structure or property designated as historic should be encouraged to do so. That is their choice. But to legislate the requirement that all historic structures must be subject to the decisions of the HPC is a clear example of the tyranny of the majority. The proposed Historic Landmark law may be good for some people in Southold, but it will be bad for others. It is reminiscent of the late 5 acre zoning controversy where the proponents were willing to limit the increase in population at the expense of farmers and open space owners. The permanent nature of the historic designation may lead to unforseen problems. Eventually new structures which survive for a few generations will become old and can be listed as antiquities. This may lead building code requirements; which mandate a desirable style, effectively limiting innovation and producing homogenous architecture designed to attract tourists. There is no provision for escaping the historic designation except by becoming indigent and proving poverty upon appeal. The property is encumbered forever; once designated there is no way out. A building is doomed to eternal life; it must be kept on support systems forever. This can be a very expensive proposition for the owner. Many buildings have a natural lifetime and should be replaced when they no longer can he efficiently maintained. It is understandable that Southold Town would like to comply with requirements to receive waterfront restoration funds from New York State. The problem lies with the mandatory aspects of the proposed local law. Is the mandatory aspect really necessary? It may be that this Board will be very sparing in its designation of historic sites and will sympathize with owners who wish to be exempted. Another Board twenty years fi.om now may act differently in applying the law. Thank you for your interest." SUPERVISOR HORTON: Councilman Wickham, there are several people who, I think, want to address the Board. COUNCILMAN WICKHAM: I have one more thing from James Grathwohl and I will not go into it at the Supervisor's suggestion, in part, because most of his suggestions have, in fact, been incorporated. SUPERVISOR HORTON: And he is here. COUNCILMAN WICKHAM: And he is here. I have no other communications. SUPERVISOR HORTON: And actually, prior to moving too much further, after the public has spoken I will point out, read into the record what those suggestions were. Most, all of them were minor in nature. Would anybody care to address the Board on this public hearing? ALEX WIPF: I am Alex Wipf, I am President of Save Open Spaces Now 2000. And we object to the laws, it's presently constituted because it does not include the houses, all of the houses on the aforementioned SPLIA list. And it seems to us that what's happening is you are sort of abdicating your responsibility to take care of the houses, all of the historic houses that are in this Town and there is a treasure trove of them. Even the ones that are run-down. Because, I don't know what you are not taking all of the, not including the whole SPLIA list in the revised law. But in any rate, we feel that without the SPLIA list being included, you are basically not, not obeying the spirit but doing the job, is really what it comes down to. Thank you. We are going to do everything we can to try to get the State to reject the revised law unless it includes the SPLIA list. I think the framers of the Waterfront Revitalization Plan...no, Josh, it is not personal, it is just that we really feel that there is an opportunity here and we feel that there is a driving interest by the Town because of the kinds of progress we have November 16, 2004 9 Public Heating-Preservation of Historic Landmarks seen in Greenport, because of the kind of money, you know, grant monies that would become available if in fact we had an appropriate Historic Preservation code. We know what is motivating the Town and we feel this is a very, very critical time and the Town should step up to the plate and take the responsibility for taking care of their historic houses. I think that somebody like Jim Grathwohl and he is probably going to speak you know, for himself, but somebody like Jim Grathwohl, who clearly displayed that you can take a wreck and get it for a song and you know, turn a profit on it that is really handy. I mean, it is true. I mean, god bless Jim Grathwohl, what he has displayed to everybody, what he has displayed to the businessmen of this town, if anybody is willing to look and pay attention to it, is that there is money in them thar hills. As far as historic structures of our Tovm are concerned. They are antiques and I know that many of them are rundown, I understand the concerns that have been expressed, I came to the work session where you discussed the Historic Preservation Code, the, what Jim Grathwohl proposed; the kind of compromise. I heard that, I heard the different reservations that Board members had. I know that many of them are rundown and someone, I think Louisa Evans had said something about, 'we can't have, we have to protect our historic buildings against people who purposely try to get ahold of the site, so they will let them rundown' or like the house that was over here that had to be tom down because eventually it was allowed to run into the ground. You know, how do you say to somebody if you are going to form a good code and I think it has got to be worked on, I don't think this code is the one, the final form that it should be, if in fact, it is rejected, I hope that you are going to look at this again and say, maybe we do need to make, you know, preserve all of the houses on the SPLIA list and maybe we also have to have some teeth in the code that says we can't let people rundown houses. And so, yes, we have to have some kind of provision that says you cannot destroy a perfectly good historic house or even a rundown historic house because you want the building site. Without penalizing some older person in the community who has got no money and is letting their historic house rundown. There is a way to do that, Josh, there is a way to, Jean Cochran always said that there were people in this town, older women who were not able to pay taxes. And yet, we never, nobody in this town ever threw out an older person who didn't pay taxes. I mean, eventually what happens is the person dies and the estate gets settled. There is a way, well, it is true, but it is true. I mean, you know, even if you have fines, it is true that you can take care of, you can discern the intention of somebody who is perhaps trying to get a hold of, purposely destroying an historic property. There is a way to do it. There is much more work to be done on the Town Board and within the community, within the code wxiting community to address the problems that you spoke about in the work session. It can be done. Our hope is that initially, this will be rejected as it has been rejected in the past because it doesn't do the job it is designed to do. If in fact, it is rejected, will you please go back and take a look at the code and think of ways to solve the problems and include, you know, all of the houses that have to be, that should be included in it. Think of Jim Grathwohl, think of making money, think of, ~vell, it is true....think of what a valuable asset this is. You can't have a man on the Board who writes a book about a Christmas service in England, without, who doesn't have some sense of history. And I know, within you, there is a sense that the historic structures in this Town have an inherent value that are worth protecting. And I know Dan can write the code, I know he can find the language that is necessary to do the job right. You are all people, as I have said many times, of good will. You just sometime have to be focused in on what has to be done. Now, I don't think that and I think the Historic Preservation Committee in general don't think not including the SPLIA list in the protective nature of this law is appropriate. Hopefully the State will not, as well. Thank you, Josh. SUPERVISOR HORTON: Thank you, Alex. Appreciate it. Mrs. Horton. November 16, 2004 10 Public Hearing-Preservation of Historic Landmarks GAIL HORTON: Gall Horton, I am from 727 First Street, Greenport. I am a strict constructionist when it comes to historic preservation and I was also the author, along with the State Attomey John Monsell to ~xite the Village law, which is lauded here today. I want to say something about that, even though I am a strict constructionist and I first became aware of historic preservation on my honeymoon, of all places, in Puerto Rico, where stretches of old San Juan were very strictly preserved. I mean, I have never seen a la~v as strict as that and probably I wouldn't want to live with one but what it did was save a wonderful, natural history that the people lived on it, that lived there could enjoy. It increased their property value and tourists loved it, too, so it was good for economic development. But there is another side to passing a la~v. You not only have strict constructionists, who believe in the, in historic preservation, you have people kind of like the letter you received here today that think you are, I can't think of whoever, coming in fight now and really trying to regulate their property and life, over- regulate their property of life. So, as someone who has seen a law come through in basically a working class village, who saw that law and got it passed with the rest of the Board and to the community and I still got re-elected three times after it, I know that you have to balance. You have to give something, create a win-win for both sides of the equation. So, I feel that this law as it begins now does do that. I know that you can put a law forth and then tweek it, that is what we like to say, and change it. But it really does benefit the community to have a historic preservation law. I can't say enough of it. You go to Italy, I mean, and I am not talking places I go aren't wealthy, and it is there and it is saved. In fact sometimes (inaudible). But anyway and it is there, it is people appreciating their heritage, which I do and educating the public to do. But as I say, I also know to get a law passed that you have to be cognizant of everybody around you and try to take everybody's thoughts into view and then take the leadership to bring a law forth. And I hope that you do that today. Thank you. SUPERVISOR HORTON: Thank you. Would anybody else care to address the Board.'? Mr. Grathwohl. JIM GRATHWOHL: Jim Grathwohl. And contrary to what my good friend Alex is saying, I am making a decent profit on that house that I restored but, and it is a pleasure and in fact an honor to follow Gall Horton, because Gall has set the example for a lot of us when it comes to historic preservation. She has set a wonderful, she has helped draft a wonderful piece of legislation for the Village of Greenport, which in fact as many of you know, is looked upon as one of the finest examples of historic preservation code in the State of New York. Other people have followed it, as we have, in fact as well. So, Gall, I commend you and I am also sorry to see you leaving Village government but in that role you have had a great impact, not only on Greenport but on the Town as well. So, I thank you and I thank you for your comments. And also one other comment relating to heritage before I get into my thoughts on historic preservation. I had the, it relates to our English heritage. I had the great honor of being invited to the memorial service for the late Alistair Cooke, who as many of you know, probably is one of Southold Town's most famous summer residents. And he passed away this April but they had a memorial service for him at Westminster Abbey on October 15t~ and I attended. It was grand and glorious and the one thing I want to share with all of you as red-blooded Americans. When I walked up to Westminster Abbey, I looked up and flying over Westminster Abbey was the Stars and Stripes. And it was very interesting that the London Press, in front page stories about the memorial service indicated that this was the first time in the history of Westminster Abbey that any flag other than the Union Jack flew over Westminster Abbey. And it was the U.S. Stars and Stripes for Alistalr Cooke. And it was wonderful. Then, by the way, I went up to Southwold, our mother town for the weekend and as always, I have a lot of friends there now and the vicar, Jane Wilson, who had been November 16, 2004 1 l Public Hearing-Preservation of Historic Landmarks here just a couple of weeks before was my hostess and I stayed at the vicarage. But Josh, you have always indicated about wanting a trip from here back to Southwold, so we are putting a trip together probably next spring to take people from Southold to Southwold but they in turn are organizing a trip to come back here. Okay. On to historic preservation. I have mentioned to you before that we are your advocates, we are not your adversaries. We are pragmatical and therefore I am very interested in helping you get the LWRP passed and realizing an effective historic preservation code is part of that, I guess I feel like perhaps the current Henry Clay, the great compromiser, in the work session on August l0th, we made a number of recommendations and I am pleased that most of them were included in the current proposal for the Town Board, the Board's preservation code, the revised code. There are a couple of things I do want to point out, first of all and I have great respect for Ed Booth, I know him well and one of the compromises is that this now is a voluntary program as opposed to an involuntary program. And that is what Alex and several others disagree with me on but I am also as I said a pragmatist, rather than have no law at all, I would much rather have one that is a start and as Gail just indicated I think it is a win-win situation for both. We have given, we have taken and we have compromised. And basically, those compromises I think pretty much follow in fact, the recommended code ordinance that is recommended by the State, the State Department of Parks, Recreation and Historic Preservation, as well as the Secretary of the Interior who controls nationally historic preservation. I want to address briefly John Nickles, who represents the Southold Business Alliance who has, John has written several timesabout his concerns that the historic preservation code will take away some of the fights, I guess, under zoning. And I think I have talked to John and hopefully convinced him that historic preservation code is not going to take away in fact, it is probably going to enhance the zoning code and make team members, if you will, of historic preservationists and business people. Because as I have always said, historic preservation is good business. The other thing I look at, local legislation as being the primary and best method of protecting our nearly 1,200 designated landmarks and historic buildings. It is really an insurance policy. It covers us when a catastrophe strikes, a demolition or incompatible alteration. Although rare, we must be protected and again, I want to commend the majority of owners of historic houses today. Most of them take great pride in their houses, maintain their houses. As I came down from Cutchogue this afternoon, this evening, there are a number of houses and I can't remember, I don't know the owners of them but there have been alterations, there have been additions, all of them in keeping with the architectural integrity, the historical integrity of the house. So, what we are concerned about are the very small minority, primarily now with property values increasing, we are concerned more about those people who will come in, buy an old house, not for the old house but for the property it sits on. And we have had those, several instances and I won't site details but many of you know what they are, where they will come in, tear down the historic house and build an incompatible house on that valuable piece of property. So this is an insurance policy to hopefully overcome that. Very briefly, the recommendations that I have made and have been accepted in the resolution for the code are, I have added an item in paragraph 56.2, which is the purpose and adding a sub-paragraph E, xvhich simply adds maintaining visible compatibility with the historic character of neighboring properties and public view, which is kind of the overall effort. Under facades, we have agreed that it will read, the definition will read 'the elevations/faces of a landmark visible from a public street,' this was something which we had considerable discussion about and we definitely compromised. I suggested that under paragraph 56-5, procedure for Historic Preservation Commission review, we add sub-paragraph under one, name, address and telephone number of applicant. This was rather an nitty gritty thing but it really needed to be added and under criteria for approval of alterations, which is paragraph 56-8, in the title of the first sentence we changed faq:ade to facades, a minor but added that the local law shall not consider changes November 16, 2004 12 Public Hearing-Preservation of Historic Landmarks to interior spaces. And I underscore that because many people don't understand that. All we are talking about are the exteriors of historic houses. You can do anything you want to the interior. We are not concerned about, we want to preserve the faqade that the public sees. And a perfect example is the Whitaker House, right next door. The Beninati's, I have been in communication with, as you remember I chaired the Committee to save the Whitaker House. You will see that finished result being a very, very handsome house that will match the photo's of 1890 to 1910. They are putting back the bric-a-brac, the porches, the shutters, they have already and many people are very upset because they only see what has happened so far, but the aluminum siding has been taken off, correct siding will be put on but on the inside, there will be a very modern downstairs, there will be offices and upstairs I believe they are going to have apartments. But that will all be very modern. They are preserving some of the interior facilities, the details but basically it will be a modem and the thing that also we have just compromised on, I feel strongly that 1 .) The SPLIA list is the foundation and I would love to have seen a blanket approval including all those buildings on the SPLIA list. From discussions with you people, I knew that was not going to happen. So that is why I have suggested and you have agreed and ! thank you, that the SPLIA list will be the foundation and any one whose house, historic landmark is on the SPLIA list is automatically eligible for inclusion in what we are now going to call the Southold Town list. And I think that is good too, because as many of you know the SPLIA list came from a Town contract to SPLIA in 1987 where SPLIA, the Society for Preservation of Long Island Antiquities, which I happen to be a Trustee of, did a survey at the request of Southold Town, in fact the Town paid for them, to identify all our historic structures. Well, that is fine but we should call it the Southold Tox~m list, not the SPLIA list. But all those people will be recognized, they currently, those on the Southold Town list as you may know, they get a little plaque, which Alex, you will see on my house on Ne~v Suffolk Road and I have put that voluntarily on the National Register of Historic Places and that is basically the same procedure that we will follow for the Town and I was pleased, Herb Adler and his Landmarks Commission have already accepted several houses voluntarily, people want to be on this list and be included. I lead, twice a year, a xvalking tour of Cutchogue village and in September, several people came to me and said, 'how can I get my list on the house?' All I am saying is, thank you. Thank you. That people are interested and if they are given the opportunity with a few incentives, I think they will. And going back to someone's comment, I guess Alex's about incentives, I have been assured by the Towm Board that once this is passed, it is not the end all and be all. We will review it periodically, I feel strongly there should be an inclusion about historic districts. I am not going to get into the detail now, but that is very important to include sections of the Town and whole historic districts, as we have here in Southold and Orient. The other thing, incentives, we have talked about incentives but when you get to taxes and some of those, those are big issues, so this is the start and I very much thank you for listening to those of us in the historic preservation community, those who disagreed and those who agreed. I think through compromise, we have a very commendable start. So thank you very much, I appreciate your time and effort and look forward to working with you in the future. SUPERVISOR HORTON: Thank you, Jim. Would anybody else care to address the Town Board? Yes, ma'am. JOAN ROBINS: My name is Joan Robins, I live in New Suffolk, I own and live in a house on the SPLIA list. And I am, more than almost more than anything else, I never wanted to see either the house or the barn demolished and another castle put up. On the other hand, I am not sure how much value I am going to have to take out of that property one day. I would, at this point, in my life, I would November 16, 2004 13 Public Hearing-Preservation of Historic Landmarks like to see the inclusion of the SPLIA list be a voluntary matter. Tweek it later. I need more time to consider. But perhaps more than my interest in preservation, which is considerable, more than anything else, I want to see the LWRP approved before Valerie Scopaz reaches retirement age and it seems as if this is the only way that is going to happen. SUPERVISOR HORTON: Long way to go. Thank you very much, ma'am. Thank you very much for your comments. Would anybody else care to address the Town Board? Mr. Nickles. JOHN NICKLES, JR.: Good evening, Town Board. John Nickles, Jr., resident of Southold. I just want to go through here and make some comments on some of the things I see in here. I know that on the definitions it says that unless specifically defined below, words or phrases in this local law shall be interpreted as to give them the same meaning they have in common usage and as to apply to local law consistent with the statement of purpose. I don't know what Webster's dictionary says is a landmark, but in common language, in the real estate business, I identify a landmarks not just by structures, I identify them with views, I identify them with fields, I identify them with a wrought iron fence, a tree; so as I read this law, I don't know how this Board interprets it, I mean I think I know how you interpret it but as I read it, it looks like it is open to identifying a landmark as things much greater than facades of buildings. Could I get an opinion from the Town Attorney or from somebody about that? That is a concern of mine. SUPERVISOR HORTON: Why don't you continue through your concerns or your points? MR. NICKLES, JR.: Because if it can be defined that way, this is a very, very broad law that the benefits and or the consequences of which haven't been touched on in this discussion, in my opinion. Procedure for Historic Preservation Review, number one, location, tax map number. In particular I see, name of architect, if known and historic and or architectural and archaeological significance. Now, you may have a property owner that doesn't know anything about the archaeological significance or if there is. I mean, I think that that's what the Historic Preservation Commission is supposed to be looking at not necessarily the applicant. I see the ability here that the Historic Preservation Commission can recommend what seems to me a condemnation under 56-5, the final paragraph, the final sentence. 'The Historic Preservation Commission may also notify a governmental agency with the authority to acquire the property and prevent its demolition through exercise of its power and eminent domain.' SUPERVISOR HORTON: It is a recommendation, just as any ordinary citizen could make to the Town Board. The only body in the Town of Southold that has the vested authority to invoke eminent domain is the Town Board. MR. NICKLES, JR.: That is understood. It is a concern. Under the hardship criteria, one of the things the business community is particularly concerned about as you here from time and time again from us and the Southold Business Alliance is the rights that we are afforded in the Zoning code. And I think that you need to ha~,'e something here in the hardship that says something like 'nothing herein shall be construed to prevent or reduce such uses of property permitted under the zoning code.' Something like that. And you know, Jim and others have said, 'Don't worry, it is not going to do that.' It would make me feel better if you would put something like that in the code. November 16, 2004 14 Public Hearing-Preservation of Historic Landmarks SUPERVISOR HORTON: If I could just address that, so that it doesn't escape my mind. That was a point, I don't know if you made it to me in conversation or if I read it in your weekly piece in the Traveler Watchman but to speak to that, your point was well-made and addressed by the Board and under 56-2, under purpose, the last sentence in that paragraph and you may not have it, it was not part of the published law but we have incorporated it since then. And I will read as follows, under the purpose 56-2, 'In doing so, it is also expressly the intent of the Town of Southold not to affect, abridge, limit or change in any way the uses permitted by the zoning regulations as applicable to such properties.' MR. NICKLES, JR.: Okay, thank you. SUPERVISOR HORTON: No, thank you. It was a good point. MR. NICKLES, JR.: I think that that addresses that concern directly. Appreciate the Board for that consideration. I will just go through here and see if there is anything else. As far as voluntary, involuntary, I have heard a lot of people say that it is involuntary and that they don't like it and I have heard Mr. Booth say that he doesn't think that it is involuntary, that the Board is going to be able to vote on it and that is how I read this legislation; so if a recommendation is made by the Historic Preservation Commission to this Town Board, that something be designated as a historic landmark and this Town Board chooses to exercise its right to vote and say, 'yes, this is going to be a historic landmark' despite whatever objections the property owner may have, if it becomes designated, then it is in fact, involuntary. MR. GRATHWOHL: (From audience) John, you are all wrong. It wouldn't come to the Town Board without someone volunteering first. I, I, my house, although it is already on the Town register and the national register, it would not be on the Town register if I had not asked for it to be there. That is specifically spelled out. MR. NICKLES, JR.: That sounds good but there is something in the legislation here that says, 'the Historic (56-10, unless this has changed since I got this) 56-10, designation of historic landmarks, 'the Historic Preservation Commission shall have the authority to recommend.' That says it right there. That the Town Board designate individual landmarks. MR. GRATHWOHL: (From audience) That is after someone volunteers their property, that is the big issue. Originally everything on the SPLIA list was automatically going to be included. Now it is not. MR. NICKLES, JR.: Well, where does .... SUPERVISOR HORTON: I will draw attention to... MR. NICKLES, JR.: Where does it say that, then? SUPERVISOR HORTON: ...to 56-5. And our Town Attorney will be able to turn right to it. Designation of Historic Landmarks. MR. GRATHWOHL: (From audience) May apply. November 16, 2004 15 Public Hearing-Preservation of Historic Landmarks SUPERVISOR HORTON: I just want to make sure I have got these right. MR. GRATHWOHL: (From audience) And then we added those properties currently on the SPLIA list are automatically considered eligible, not included, eligible. MR. NICKLES, JR.: 56- MR. GRATHWOHL: (From audience) And they formally requested (inaudible) JUSTICE EVANS: Do you want my copy because I think these numbers are different? MR. NICKLES, JR.: That is what it says? MR. GRATHWOHL: (From audience) We are trying to anticipate your concerns, John and other people, too. MR. NICKLES, JR.: And a lot of other people. SUPERVISOR HORTON: Well, John, you were actually part of the work session where we had this discussion and you participated in it and that was a point that you raised at the work session. And I believe that 56-5 does speak to that 'A. The Historic Preservation Commission shall have the authority to recommend the Town Board designate individual landmarks as historic and thereby subject to the provisions of this Chapter.' MR. NICKLES, JR.: Right. SUPERVISOR HORTON: And it lists an entire criteria here. MR. NICKLES, JR.: Okay, because it isn't clear. And then it says 'owners of landmarks that meet the qualifications may apply.' That didn't come first. SUPERVISOR HORTON: But it... MR. NICKLES, JR.: If you are telling me that that is what it means and that is the intent, that is good enough for me. But it wasn't clear to me as I read it. MR. GRATHWOHL: (From audience) May I make a point, too, John? MR. NICKLES, JR.: Sure. MR. GRATHWOHL: (From audience) That number one, qualify inclusion on the State or National Register of Historic Places, that is totally voluntao'. MR. NICKLES, JR.: Oh, I understand that part. Yeah. November 16, 2004 16 Public Hearing-Preservation of Historic Landmarks MR. GRATHWOHL: (From audience) Using the same qualifications, if you have to apply, voluntarily, for the State and National that also covers locally. MR. NICKLES, JR.: Right. I didn't have any objections about that part. MR. GRATHWOHL: (From audience) Maybe it needs some tweaking but the basis is there for it to be voluntary. MR. NICKLES, JR.: Right. TOWN ATTORNEY F1NNEGAN: John, that is the same section that you had your question about landmarks. I think that the factors that are listed there are the ones that would go into, what the consideration of a landmark is. MR. NICKLES, JR.: Right. TOWN ATTORNEY FINNEGAN: I was trying to fmd the section but it is 56-5 but to address your question, your first question. Those are the things that they would look at, the factors that are there. MR. NICKLES, JR.: I guess I just have problems of how it is written. The language of it brings up a lot of questions and to other people in the business community that I have talked to and who have seen the law, it brings up questions. It brings up these questions. Because it doesn't seem clearly defined, so one that just reads the law once, they may say, 'what does this really do?' SUPERVISOR HORTON: But also understand, which is why we had you at the work session, why we had you as a representative of the business community to participate in the drafting of this, which you did. Your voice from that perspective was important and which is why this, we feel very strongly will not, can not, shall not affect uses granted under zoning, in any way, shape or form. This does not have, this law will not do that and we are very clear on that and it was very important to the Board, it was one of the guiding principles, one of the many guiding principles in drafting this. MR. NICKLES, JR.: Okay. I appreciate that. SUPERVISOR HORTON: And I also appreciate your help in drafting this. Would anyone else care to address the Board? Yes, Mr. Booth. You will be pleased to know, Mr. Booth, that your letter to the Board was already read into the record by Councilman Wickham. ED BOOTH: Oh, I am sorry to be late. SUPERVISOR HORTON: No, please, not at all. I just wanted to... MR. BOOTH: Okay, that was my main question, did you guys get my letter. Okay, you did. And of course, it's what John was just talking about, the concern we saw. I read the thing and I could not for the life of me figure out whether this way an involuntary or voluntary program. And I tilted toward the involuntary because it looked as if the Committee would suggest, could suggest that outside of any list that a building that I happen to own would be designated as a historic landmark and that would be an November 16, 2004 17 Public Hearing-Preservation of Historic Landmarks encumbrance, in my view. And could prevent me, for example, from expanding the size of the building or changing it in any way. Now, you have assured me this evening, I believe, that this is not the case. And this is a completely voluntary program. Good. SUPERVISOR HORTON: Yes, indeed. MR. BOOTH: Then I am happy. SUPERVISOR HORTON: Thank you. Would anybody else care to address the Board? Yes, Mr. Laube. GARY LAUBE: Gary Laube, 310 Ackerly Pond Lane, Southold. I just want to say, I can't say much more than xvhat Jim Grathwohl just talked about all night. I am the gentleman that restored the doctor's house on Ackerly Pond and the house has just been put on the State and National Register. We also have been talking to the State people and they want to put the whole area on the National district, an historic district. We have already had meetings at my house, the lady Virginia Bartos has come down from the State, we have about nine people that own historic homes in that area from 1677 right up until about 1790 and they are all for it, 100 percent. What we had found is back in the atlas of Long Island in 1873, the actual area that I live in was actually called 'A village adjoining Southold' and it was actually a little village there. And so we want to restore that whole section and keep it the way it is. But we are going to throw a little monkey into the wrench here, is that we have a little parcel of property between all these little homes and this little parcel of property has come into question, somebody wants to put a brand-new building on that lot. What is this preservation going to do to help us if we are going to keep a community, and keep it restored and you know, into historic preservation. All of a sudden somebody putting a brand new house on a lot that really shouldn't be built on because it is also under water and it is too narrow but they are trying to get the permits for it, how is that going to help stop to take the character oftbe area out? SUPERVISOR HORTON: This law would not address that. MR. LAUBE: It would not? SUPERVISOR HORTON: No. MR. LAUBE: Okay. COUNCILMAN WICKHAM: May I just comment that the suggestion that we incorporate in this law an ability to designate historic districts is something that we did not put into this law but Mr. (inaudible) has raised it as an option that we might take up at some future time. MR. LAUBE: Mmmhmm. COUNCILMAN WICKHAM: If we did, I think that would address your concern. SUPERVISOR HORTON: But it would not take the right to one's piece of property away from them and I think that has got to be very clear. November 16, 2004 18 Public Hearing-Preservation of Historic Landmarks MR. LAUBE: Well, xve also found over 10,000 artifacts on my piece of property. Colonial and Indian and we also have just found, the archaeologist found, very close to this piece of property either it is artifacts from Indians that are archaic and also that were either for burial ground and or ceremonial. The are not sure, they are still looking, the state archaeologist is looking at it right now. So, we are looking at the archaeological and historic end on that piece. So, I xvas just very curious to know how far we would go with that. SUPERVISOR HORTON: This specific law does not address that. MR. LAUBE: Okay. Okay. Thank you. SUPERVISOR HORTON: Thank you, Gary. Would anybody else care to address the Town Board at this public hearing? MR. GRATHWOHL: Josh, may I just underscore; maybe we need to revisit .... SUPERVISOR HORTON: Come on up. MR. GRATHWOHL: .... and just make sure that at the very beginning we state that it is voluntary. We, I think we have included it but as John has pointed out, perhaps that should be in neon lights at the very beginning. So, I have just looked through what we have as a draft and I think sve can do that. But we need to underscore. And the other thing, I think maybe as even Ed said, this doesn't prevent anyone adding on to their house or changing their house. The main thrust of it is to keep the architectural and historical integrity of the building and the neighborhood. So you will see and I site and right off, Bedell Wineries and then just west of Peconic Lane on the south side of the road, they have just redone, l think it is a lawyer's house. And they have done it extremely well. No one would have any problems with people adding on to their house, as long as the architectural and historic integrity is maintained. But I think we need to maybe focus a little bit more on underscoring the voluntary aspect of the whole code. Thank you. SUPERVISOR HORTON: Thank you, Jim. The Town Attorney, to address that point specifically, recommends at the paragraph title, 56-5, Designation of Historic Landmarks, just below that in very simple language, it says 'upon application of the property owner.' And that will, I mean, I feel that it is clear in this but if we can make it clearer, you know, that is all the better. So, for the record, that will be incorporated, if the Board is agreeable to that? Thank you. That addresses the concern right out of the gate. COUNCILMAN WICKHAM: I would like to clarify to the public the, what we understand in this code. The legal stuff that gets to the heart of whose structure will be included and whose isn't, the way it is worded is anyone who has voluntarily put their home or structure onto the national or state list or the town list~ who have done so at their own volition, those lists will automatically be included under the provisions of this law. Those that are on the SPLIA list are not automatically enclosed. However, they are eligible, upon their own application, they make a recommendation to the Commission, which in turn comes to the Town Board and if they request it, they can be elevated and included in this designation, too. If they don't, they are not. November 16, 2004 19 Public Hearing-Preservation of Historic Landmarks SUPERVISOR HORTON: Thank you very much. Would anybody else care to address the Board? Yes, Mrs. Horton. MRS. HORTON: I just warn to say, when I did the law, the Chamber of Commerce came out against it and I would like to say that the Suffolk Times supported the Village in doing the law and it was very, very helpful. SUPERVISOR HORTON: The old kiss of death. MRS. HORTON: No, it passed. And so it is so many years down the road I forget how many but it is quite a while since it is gone, but when the, now I look in the real estate section in the New York Times advertising in New York City, the house is in the historic district, it is duly noted. And it helps the price of the house. I also notice that the merchants now, when they write their merchants book; the walking tour of the Village, they come and they go to our resources and our list of houses and use that and highlight that. So the business community, in the Village ans~vay, has come to see the great asset that the law has provided and I also have to say that many people now who buy houses in the Village come to the, for technical advice with their homes. I mean, they are excited, they are pleased, they realize they have something of value that is a little more value because it is historic. I mean, I know there has also been brawls, I have been involved in some of them but I think generally it has been a very good thing and I also want to say, just to reiterate, recently we put the Temple Tifereth Israel, we sponsored it for historic designation. They requested it, we did the research and David Nice in Greenport did all the work on it and I believe, and then we sent it to the state. So it is not like we walked in as the taste police and tell you what to do, it is done through a process. SUPERVISOR HORTON: Thank you very much. Would anyone else care to address the Town Board? Yes, Mr. Wipfi MR. WIPF: Aside from my objection to all of the houses on the SPLIA list not being included in the proposed code, I think that there is obviously a need to talk about exactly what historic preservation means, what are the elements of it? Now, one of the things I spoke with Herb Adler about was, you know, is there any possibility of getting some kind of a public seminar going on to talk to people about the advantages that this law would possibly provide and is that going to come about, Josh, do you think? SUPERVISOR HORTON: The answer is, if the Landmark Preservation Commission wants to undertake that because I know the Town Board supports that, we actually put money in the '05 budget .... MR. WIPF: Oh, good. So that is something you think .... SUPERVISOR HORTON: This is how I feel... MR. WIPF: That it should happen? SUPERVISOR HORTON: I feel it should happen. I think in regard to a law of this nature, which I think the law we have is fair and balanced and quite frankly, I would be, well, moving on. I think it is November 16, 2004 20 Public Hearing-Preservation of Historic Landmarks fair, it is balanced, I think it is the work of 17 years to put the finishing touches on the LWRP, which has the potential not just as a funding source, it has a potential to be a tremendous asset to this community. That several administrations haven't been able to reach this compromise, haven't been able to garner the constructive input to get to this point. I think that the next right step, alright, the next right step is to have, for the [.andmark Preservation Commission and other interested and available parties and persons to conduct public awareness and conduct outreach and do the education necessary because you know xvhat? The benefit that my mother speaks of, that you have mentioned, that Jim has mentioned; I believe those benefits are there, I believe those are real. MR. WIPF: Oh, yeah. SUPERVISOR HORTON: But I think it is our business of government to educate and support, not drop the hammer and regulate. And I think this law speaks to that and I think this Town Board supports that. I think this Town has bent over backward and has worked tremendously hard to put this preservation law forward, included the input of the Business Alliance, several heated discussions at the Horton house in Greenport, which mind you, was preserved without a law. And the input of Jim and Herb and so many other people and I think it would be a travesty, I think it would be a travesty if this did not pass here tonight .... MR. WIPF: I think it should pass, Josh but... SUPERVISOR HORTON: And I think it would be a travesty if efforts were made to tmdermine it in Albany and I think it would also be, I think it would also be wrong of us and a shortcoming of the Town Board to not support the very efforts you are speaking of tonight in regards to education and promotion and outreach. MR. WIPF: Something tells me, Josh, if in fact the law is passed tonight and I am sure it will be, that there will be some scrutiny of it by the state agency involved the Waterfront Revitalization Bureau... SUPERVISOR HORTON: Well, they certainly helped us write it, so I would... MR. WIPF: Well, I would hope so and I would hope they would take a look at whether or not the issue of the SPLIA houses should be included or not. And if in fact, they say it is not comprehensive enough, you haven't included enough such as the 200 voluntary inclusions... SUPERVISOR HORTON: I will tell you how I feel about that .... MR. WIPF: Well, just let me finish, if in fact they say this to you, something tells me that you will at least go back and start from that point. And starting from that point, you have done an awful lot of work and commendable work, the point is that that I think the work can be somewhat more inclusive of all of the things that you have talked about in your work session and that has been talked about. I don't think that you shouldn't try to pass this law, I am just saying to you that if in fact it is rejected that you should go on from here and perhaps think more inclusively and I don't think that you would really do anybody a disservice by thinking more inclusively. November 16. 2004 21 Public Hearing-Preservation of Historic Landmarks SUPERVISOR HORTON: Indeed. And if this law is rejected, it is probably going to be squarely on your efforts and Mr. Wipf, please hear me loud and clear, if the State of New York wants to write the laws for the Town of Southold, then let them come down here and run for public office. ~hat is how I feel. MR. WIPF: I am a simple, public person here, who, you know, has an organization trying for five, six, seven years now to try to get a meaningful historic preservation code passed. We think a meaningful historic preservation code should include all the houses that are deemed historic on the SPLIA list. It is simple. You know, I appreciate what you guys are trying to do .... SUPERVISOR HORTON: And if the State rejects this, based squarely on your efforts, Mr. Wipfi I feel I have done my duty in advancing this initiative. MR. WIPF: So you are saying it is all or nothing? SUPERVISOR HORTON: I am saying... MR. WIPF: If this gets rejected because it is not inclusive enough, then it ain't gonna happen? SUPERVISOR HORTON: Then the State can take their LWRP and put it on their shelf for 17 more years. MR. WIPF: Wow. You know, I mean, it is a matter of how you look at what's happened in Greenport, if you think that in fact, CJreenport has not been a significant success .... SUPERVISOR HORTON: Mr. Wipf? Mr. Wipf? MR. WIPF: ..... or it has been a significant success. SUPERVISOR HORTON: Mr. Wip£, I am a resident of Greenport and I am a 12th generation resident of the Tox~m of Southold. I understand the history of this community... MR. WIPF: I am only 35 years here. SUPERVISOR HORTON: .... and nobody, I think very few people have an appreciation for the history of this community. I think very few people probably have as deep an appreciation as l do. But I am telling you that we have worked hard, we have reached out to people throughout this Town, organizations, people, legislators from the State--- Mr. Wipf, let me finish. I just want to make sure . that you and I are clear. That if you and your organization lobby to have this rejected at the State, if this is passed here tonight, I think you and your organization will be doing historic preservation and the people of Southold To~ a genuine disservice. That is just one legislator's opinion. COUNCILMAN ROMANELLI: No, it is two. MR. WIPF: Got it. And I think you just have to expand your horizons a little bit. Concerns like .... November 16, 2004 22 Public Hearing-Preservation of Historic Landmarks SUPERVISOR HORTON: Now you sound like my mother. MR. WIPF: Concerns like Ed's are, you heard him say, 'I can't change my building.' You can .... SUPERVISOR HORTON: You have actually made .... MR. WIPF: ...you can, but you can change it. SUPERVISOR HORTON: If you have other specific points, in regard to this local law, please make them known, but I think that there are other people that xvant to address the Board... MR. WIPF: Sure. SUPERVISOR HORTON: ...you have definitely made your points clear and I hear them loud and clear. MR. WIPF: Yeah. SUPERVISOR HORTON: I think we definitely understand each other now. MR. WIPF: Right. But I, Josh, I want to let you know that I respectfully and respectful for all the work that has been done on it, I respectfully disagree with you. I think we are at a very critical juncture and if we do not take advantage of this juncture, that there will be historic buildings lost and underneath it all, it has got to be like the doctor's, you know, the doctor's prescription. Doctor Do- Know-Harm. So if we pass a law and as a result of this law, there are historic buildings that get torn down in this Town because they are not voluntarily covered, I really think that we are doing a disservice to the Town and I appreciate the sincerity and the passion of everyone on the Board but I really feel that you, you could revisit this quite seriously and I am sony that you feel as passionately that an objection to the particular point of view that you have expressed is in some way disloyal to the Town. I am only here 35 years but I have a great loyalty to the Town. Thank you so much. SUPERVISOR HORTON: And I think to your point, much of which I agree, that if we are to do the good work of preserving each and one of those historic homes, then we and our Landmark's Preservation Commission, supported by the Toxvn Board of the Town of Southold, let's get out there and do our job of education because education is the answer. Would anybody else care to address the Board? Mr. Dinizio. JIM DINIZIO: Jim Dinizio, 39 Sound Road, Greenport, New York. I am here because I read Mr. Wipf's article in Suffolk Times and it scared me. And the reason xvhy it scared me is you know, I thought you were going to make a humongous mistake and it sounds like you are not going to know, so that is kind of good. If this is the minimum amount of law that gets you through that LWRP, you know, it gets you to qualify that, then you know, go for it. I think you are going to benefit greatly from it. But in that article, I mean, I think you are comparing apples and oranges if you compare Southold Town to Greenport and I am not saying, I am saying that in zoning because you can do things in Greenport that people of Southold Town would never accept, okay? And that is happening in Greenport and that supports Greenport, it supports its tax base. I mean, we are talking about a 470 foot November 16, 2004 23 Public Hearing-Preservation of Historic Landmarks tower that probably brings in a couple of hundred thousand dollars a year. That xvould never be built in Southold Town, an~vwhere in Southold Town. Okay? And there is a lot of other things that goes on, specifically for the businesses that you do not allow to happen in Southold Town. This is fine, but you are comparing apples to oranges if you think that Greenport and Southold, under the same law could possibly be equitable. It is not. Secondly, this SPLIA list. It is a list and I am assuming that you have actual addresses? And I am going to suggest to you what I have suggested many times before and John will tell you, I see him over there smiling because it is coming, because I believe firmly that to educate people is what Town government is all about and if you can't make a decision based on just the people that show up to these meetings. I mean, I am a (unintelligible) man, I love these things. I love just coming up here and just, I could just sit here and it is something that is in my blood. Most of these people I see, it is the same thing, they sit there, they say nothing but they enjoy it and I enjoy it. but there are a lot of people that just are going about their lives and we are now debating their future, okay? This lady got up and basically said, let it be voluntary because her house is on the SPLIA list. It will affect her values because if someone comes along and says 'hey, I will give you $400,000 for that house because I want to tear it down and build a $1,000,000 home.' And she goes to the Town and says, 'oh, I can't tear down the house?' That affects her. That affects her greatly. It affects how she will retire, it affects her relatives. It affects everything on down the road from then on. And I think that that is not fair. So I am going to say if Mr. Wipf is truly wants to have this SPLIA list included, I believe he should write a letter, you should give him that list. Write a letter to each and everyone of these people, certified. Certified. And tell them exactly what you intend to do and let them answer back and see what happens. I mean, don't send them some flyer they are going to throw in the garbage. Okay? Send them something that, hey, this is a notice, this is what is going to happen to you in the next year and get their opinion and see what happens, you may find that none of them care. SUPERVISOR HORTON: But the SPLIA list isn't mandatory to this. MR. DINIZIO: But what I am saying to you, it looks like here we are debating whether xve are debating to make that mandatory. SUPERVISOR HORTON: No, we are not. MR. DINIZIO: No, no. I am saying, your law is fine. But if you want to take the next step, we have an organization here that wants to sue because the law you have is not good enough, then take the next step. Tell these people what you are or someone is intending to do. I think Mr. Wipf ought to do it. I will buy a book of stamps for you. I understand it is 1~500 people or so? I will buy five. Okay? I will give you 500 stamps, that will help you. But I think you ought to notify these people because it is extremely important that they know what you people have in mind. And if you get them to agree, that is going to be a wonderful thing. SUPERVISOR HORTON: Right. MR. DINIZIO: Okay? So, thank you very much. SUPERVISOR HORTON: Thank you. But I just want to make sure, just be clear on one thing. When you say, what you people have in mind, I am assuming you mean 'you people' being us people up here at the Board, the six of us who vote on this; the Town Board is not including and this was a subject of November 16. 2004 24 Public Hearing-Preservation of Historic Landmarks lively debate. The SPLIA list is not automatically included in this, it is voluntary. And ~ve made the same point and I think the Suffolk Times and Traveler-Watchman both covered it, we made the point that if the SPLIA list were to be included, I think an entire 18 month process would have to be carried out so that each of these people were A. aware that they are on the SPLIA list or made aware again that they are on the SPLIA list and have a tremendous outreach effort to do it right, exactly what you said. We looked at the reality of the amount of time that that would take and we realized that we think we can do better and we think we can achieve the same goal by moving this version forward and then having the Landmark Preservation Commission conduct that outreach, which is why we supported funding in their budget to do that. Specific outreach that you are talking about. Yes, Mr. Adler. HERB ADLER, CHAIRMAN, LANDMARK PRESERVATION COMMISSION: I hadn't intended to say anything tonight but I have, we have discussed this and I think the compromise and I fully agree with people who want waterfront revival, revitalization and I just at this point want to recommend that we go ahead and enact the current law and while it isn't everything that I would desire, I think we should, in the spirit of doing the best for the Town, go ahead with it right now. Thank you. SUPERVISOR HORTON: Thank you, Mr. Adler. Would anybody else care to address the Board? Yes, Mrs. Robinson. MRS. ROBINS: I just want to clarify that. If anyone came and offered me $400,000 and said they wanted to tear down the house and barn and build something, that would not wash. Besides which, $400,000 doesn't buy much in New Suffolk. SUPERVISOR HORTON: You are absolutely right. Would anybody else care to address the Board on this Historic Preservation hearing? Yes, Mr. Carlin. FRANK CARLIN: I wasn't going to speak tonight, Josh, on this but I have been si~ting there for an hour and a half, I might as well make it worth my while. I am going to, have something very simple to say here, don't compare Southold to Greenport. The man brought up a good question here. Greenport has that antenna, gets $100,000 a year income from that. They have the carousel, they get $136,000 a year income from that. They have electricity throughout the town, they have water throughout the town. What does Southold have? COUNCILMAN WICKHAM: Frank Carlin. MR. CARLIN: Damn right. Proud of it. I lived in this town for 50 years, so I know quite a bit about it. SUPERVISOR HORTON: Mr. Carlin, do you have any specific points about the Historic Preservation Code? MR. CARLIN: I am going to finish it right now. The problem with this Town is, we want equality of life, we want a historic town but still live in the 21st century. You can't have your cake and eat it. November 16, 2004 25 Public Hearing-Preservation of Historic Landmarks SUPERVISOR HORTON: Thank you very much, Mr. Carlin. Would anybody else care to address the Board? (No response) Just so we are, we don't have to read those into the record? Because I believe those points were made. TOWN ATTORNEY FINNEGAN: They were already read. The Board agrees that none of the changes that were made .... SUPERVISOR HORTON: The Board does agree that the changes that we discussed at the work session that we... COUNCILMAN ROMANELLI: Let's adopt them. SUPERVISOR HORTON: Are fine? Okay. Very good. Those are accepted. The hearing is closed. Linda J. Cooper Deputy Town Clerk #7174 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Joan Ann Weber of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks, successively, commencing on the 4th day of November ,2004. Principal Clerk Sworn to before me this 2004 day of ~ CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK NO. 01-V06105050 QuoIIfiecl In Suffolk County Commission Expires February 28, 200~