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HomeMy WebLinkAboutLL 2007 #24 * STATE OF NEW YORK DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231-0001 1 " .,.' ---,-- \ , ., ELIOT SPITZER GOVERNOR LORRAINE A. CORTES-vAzQUEZ \ SECRETARY OF STATE ,. . \ January 23, 2008 RECEIVED .Lynda M Bohn Deputy Town Clerk Town Hall 53095 Main Road PO Box 1179 South old NY 11971 JAN 2 8 2008 Southold Town Clerk RE: Town of Southold, Local Law No. 22 thru 25, 2007, filed on December 28,2007 Dear Sir/Madam: The above referenced material was received and filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.state.nv.us/corp/misc.html. Sincerely, Linda Lasch Principal Clerk State Records and Law Bureau (518) 474-2755 WWW.OOS.STATE.NY.US . E-MAIL: INFOCllOOS.STATE.NY.US .........,. -- FecEx. US Airbill Express r.dE> 8619 ,,,",.. 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PoCq...""'Y"~ ---.. ~fordeMry OirectSignature o =.:v'="" -.....,..fHopp/'.. ~n~~~~~~re o =~":.t=.":~ oignftl<dofflryfH"Pf'I;.' A.._O.'.I~.~"582J~I__1OO6F.dEx.PAINrED 'NUSA'SRF 15191 1vI11Qn..... Lh , ~ ~ z c ~ ~ ~ z ~ z ;;; n c ~ ~ ~ c ::: ~ ~ z c ~ c ~ z ~ ~ ~ n ~ ~ ~ z c ~ c c n Z ~ C ~ C , f ' \ , \_,- RESOLUTION 2007-972 ADOPTED Item # DOC ID: 3401 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-972 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 18, 2007: RESOLVED that the Town Board of the Town of Southold hereby finds that the adoption of the local law entitled "A Local Law in relation to Tax Exemption for Alteration and Rehabilitation of Landmarked Properties" is classified a Type II Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617,5, is not subject to review under SEQRA, and such action is exempt from review under Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review, PR1"~C7.2t~:t~. Elizabeth A. Neville South old Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell SOUTHOLD TOWN BOARD PUBLIC HEARING December 18, 2007 4:35 PM COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board ofthe Town of South old, Suffolk County, New York, on the 20th day of November, 2007 a Local Law entitled "A Local Law in relation to Tax Exemption for Alteration and Rehabilitation of Landmarked Properties" AND NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 18th day of December, 2007 at 4:35 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 Tax Exemption for Alteration and Rehabilitation of Landmarked Properties" reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to Tax Exemption for Alteration and Rehabilitation of Landmarked Properties". BE IT ENACTED by the Town Board of the Town of South old as follows: I. Purpose. The Town Board of the Town of South old hereby finds and determines that the preservation of historic property is essential to maintaining the culture and history of Southold Town. This Town Board also finds and determines that owners of historic real property will be more willing to alter or rehabilitate such property if they were to receive incentives in the form of property tax exemptions. Therefore, the purpose of this law is to opt into the State program to provide a real property tax exemption for historic property with Town landmark status located within the Town of South old to the extent of any increase in value attributable to alterations or rehabilitation, in order to promote historic preservation in the Town of Southold. II. A new Article VIII of Chapter 245 of the Code of the Town of South old is hereby enacted as follows: ARTICLE VIII Exemption for Historic Properties &245-9. Real Property Tax Exemption. Landmark Tax Exemption Public Hearing December 18, 2007 The Town of Southold hereby grants an exemption from taxation and special ad valorem levies as authorized under Section 444-a of the NEW YORK REAL PROPERTY TAX LAW and as provided herein: 2 A. Property located within the Town of Southold designated as "historic" pursuant to Chapter 170 of the Town Code of the Town of Southold shall be exempt from taxation and special ad valorem levies imposed by or on behalf of the Town of Southold. to the extent of any increase in value attributable to alteration or rehabilitation pursuant to the following schedule: Year of Exemption 1 l J. 1. 2 2 1 ~ 2 1Q Percent of Exemption 100 100 100 100 100 80 60 40 20 Q B. No such exemption shall be granted unless: 1. Such property has been designated as "historic" pursuant to Chapter 170 of the Town Code of the Town of Southold: 11. Alterations or rehabilitation must be made for means of historic preservation: 111. Such alterations or rehabilitation of "historic" property meet the guidelines and review standards of Chapter 170 of the Town Code of the Town of South old; IV. Such alterations or rehabilitation of "historic" property are approved by the Town of Southold Historic Preservation Commission: v. Alterations or rehabilitation are commenced subsequent to the effective date of this local law. C. Such exemption shall be granted only by application of the owner or owners of such "historic" real property on a form prescribed by the State Board of Real Property Services. The application shall be filed with the Town of Southold Assessors on or before the appropriate taxable status date of Suffolk County. D. Such exemption shall be granted where the Town of Southo1d Assessors are satisfied that the applicant is entitled to an exemption pursuant to this law. The Assessor shall approve such application and such property shall Landmark Tax Exemption Public Hearing December 18, 2007 3 thereafter be exempt from taxation as herein provided commencing with the assessment roll prepared on the basis of the taxable status date referred to in subdivision (A) of this section. The assessed value of an v exemption granted pursuant to this law shall be entered bv the Assessor on the assessment roll with the taxable propertv, with the amount of the exemption shown in a separate column. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after January I, 2008. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. The Southold Town Clerk is directed to forward a copy of this Local Law to the State Board of Real Property Services and the Southold Town Assessors. I have a notice that this has appeared in the Town Clerk's bulletin board outside and I actually have the newspaper clipping where it appeared as a legal in our local paper and I don't have any further notices in the file. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this local law? JIM GRATHWOHL: I am Jim Grathwohl, chairman of the Southold Town Landmarks Preservation Commission and I am joined by Mel Phaff, Ron Rossi, Larry Yungblut and Doug Constant, who are our commissioners. And I am speaking in favor of this law, we feel it is very important for several reasons. First of all, landmarks preservation is good business. It enhances the ambience of Southold Town, it brings not only tourists here; it brings new residents and we want to do everything possible to make it advantageous for owners of landmarks to feel comfortable in maintaining their landmarks and also in listing those landmarks on the Southold Town register. I am not going into detail of course, as you know, the specifics of the law are there and we feel it is to the benefit of all owners of landmarks even if they are not currently listed as a Southold Town landmark, to become a registrant and the procedure is easy. Again, we are not going into that detail but we encourage you, urge you in fact, to pass this law which we think is in the best interest of not only the taxpayers but of the Town itself. Thank you very much. Gentlemen, do you have any comments? MEL PHAFF: I am Mel Phaff, I am a resident of Southold and a proud owner of a Victorian lady and that is what they term these beautiful homes. My lady has expensive Landmark Tax Exemption Public Hearing December 18, 2007 4 tastes and enacting a law such as this would help me to maintain the house and give it the dignity and the character that it deserved and also add to the Town. Thank you. SUPERVISOR RUSSELL: Thank you. RON ROSSI: My name is Ron Rossi from Southold, member of the Landmark Commission. I would like to just emphasize that this is not a loss of tax revenue, it is a deferment and eventual increase of tax revenue and I think that that is an important item to take into consideration. LARRY YUNGBLUT: Larry Yungblut of Southold. Also a member of the Landmark Preservation Commission and this law would help achieve and restore the landmarks we presently have in Southold, it will be an incentive for the owner to keep his property. SUPERVISOR RUSSELL: Thank you. DOUG CONSTANT: Last but not least, the newest member of the Historic Preservation Commission, Doug Constant from Orient. If you visit what was called State Street and is now called Skippers Lane you will see four houses right now undergoing substantial renovation or restoration and all you have to do is look into the future ten years to see how this is going to be a benefit to the tax rolls in Southold. We, most of the action right now is happening in Orient because we have so many of these historic houses and we have an influx of new residents and they are coming there because of the historic district that we have there, so I want to thank you in advance for your vote. MR. GRATHWOHL: In closing, I just also want to publicly thank Dan Ross and Bill Edwards for your fine service over the years. You have been supportive of historic preservation as well as other many great interests. We wish you the best of luck in the future and look forward to working with your successors. Thank you very much. COUNCILMAN ROSS: Thank you. SUPERVISOR RUSSELL: Would anybody else like to come up and address the Town Board on this local law? (No response) Can I get a motion to close the hearing? * * * * * {:lJ2~-,>J.dJ Q ytB.."R~t/ --;;~~~~eville Southold Town Clerk / !()j( RESOLUTION 2007-974 ADOPTED Item # DOC ID: 3404 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-974 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 18,2007: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 20th day of November, 2007 a Local Law entitled "A Local Law in relation to Tax Exemption for Alteration and Rehabilitation of Landmarked Properties" AND WHEREAS the Town Board of the Town of South old held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, NOW THERE FOR BE IT RESOLVED that the Town Board of the Town of South old hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Tax Exemption for Alteration and Rehabilitation of Landmarked Properties" reads as follows: LOCAL LAW NO. 24 of 2007 A Local Law entitled, "A Local Law in relation to Tax Exemption for Alteration and Rehabilitation of Landmarked Properties". BE IT ENACTED by the Town Board of the Town of South old as follows: I. Purpose. The Town Board ofthe Town of Southold hereby finds and determines that the preservation of historic property is essential to maintaining the culture and history of Southold Town. This Town Board also finds and determines that owners of historic real property will be more willing to alter or rehabilitate such property if they were to receive incentives in the form of property tax exemptions. Therefore, the purpose of this law is to opt into the State program to provide a real property tax exemption for historic property with Town landmark status located within the Town of Southold to the extent of any increase in value attributable to alterations or rehabilitation, in order to promote historic preservation in the Town of Southold. II. A new Article VIII of Chapter 245 of the Code of the Town of South old is hereby enacted as follows: ARTICLE VIII Exemotion for Historic Prooerties &245-9. Real Prooerty Tax Exemotion. The Town of Southold herebv grants an exemption from taxation and special ad valorem levies as authorized under Section 444-a of the NEW YORK REAL PROPERTY TAX LAW and as provided herein: A. Propertv located within the Town of Southold designated as "historic" pursuant to Chapter 170 of the Town Code of the Town of South old shall be exempt from taxation and special ad valorem levies imposed bv or on behalf of the Town of Southold. to the extent of anv increase in value attributable to alteration or rehabilitation pursuant to the following schedule: Year of Exemption Percent of Exemption 1 100 Z 100 J. 100 1 100 ~ 100 Q 80 1 60 ~ 40 2 20 10 Q B. No such exemption shall be granted unless: 1. Such propertv has been designated as "historic" pursuant to Chapter 170 of the Town Code of the Town of South old: H. Alterations or rehabilitation must be made for means of historic preservation: HI. Such alterations or rehabilitation of "historic" property meet the guidelines and review standards of Chapter 170 of the Town Code of the Town of Southold: IV. Such alterations or rehabilitation of "historic" property are approved bv the Town of Southold Historic Preservation " Commission; v. Alterations or rehabilitation are commenced subsequent to the effective date of this local law. C. Such exemption shall be granted only bv application of the owner or owners of such "historic" real property on a form prescribed bv the State Board of Real Property Services. The application shall be filed with the Town of Southold Assessors on or before the appropriate taxable status date of Suffolk County. D. Such exemption shall be granted where the Town of Southold Assessors are satisfied that the applicant is entitled to an exemption pursuant to this law. The Assessor shall aPllrove such application and such property shall thereafter be exempt from taxation as herein provided commencing with the assessment roll prepared on the basis of the taxable status date referred to in subdivision fA) of this section. The assessed value ofanv exemption granted pursuant to this law shall be entered bv the Assessor on the assessment roll with the taxable property. with the amount ofthe exemption shown in a separate column. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after January I, 2008. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. The Southold Town Clerk is directed to forward a copy ofthis Local Law to the State Board of Real Property Services and the Southold Town Assessors. a~~~~C7.Q~It,. Elizabeth A. Neville South old Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William P. Edwards, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER ~;J.Z;:L:~ rJ'Y "t 00""''''''-;- A.f\~\ \'" \') 'U!'/,..: '~::., '\j ~~'f.4-"; 'it'.!') '1:'\ J)' ,~.. ~~~;-:.. ~ ,N "'. ';;;;.? ':<' ~. .~ ~ 0; ;} ~S~1'> " ~} f.,~QF~rrJ --::~;>::--:::~,~L...:;_:__ .:- 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 December 27,2007 Federal Express . Linda Lasch New York State Department of State State Records and Law Bureau 41 State Street Albany, NY 12231 RE: Local Law Number 22, 23, 24, 25 of2007 Town of South old, Suffolk County Dear Ms. Lasch: . In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copies of Local Law Nurnber 22,23,24,25 of 2007 of the Town of Southold, suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. Very truly yours, Lynda M Bohn Southold Deputy Town Clerk Enclosures cc: Town Attorney NEW YORK STATE DEPARTMENT OF STATE Local Law Filing 41 STATE STREET. ALBANY. NY 12231 (Use this form to file a local law with the Secretary of State.) Text oflaw should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. CfHml;. Git;' Town of SOUTHOLD '.'illag€l LOCAL LAW NO. 24 of 2007 A Local Law entitled, "A Local Law in relation to Tax Exemption for Alteration and Rehabilitation of . Landmarked Properties". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board of the Town of South old hereby finds and determines that the preservation of historic property is essential to maintaining the culture and history of South old Town. This Town Board also finds and determines that owners of historic real property will be more willing to alter or rehabilitate such property if they were to receive incentives in the form of property tax exemptions. Therefore, the purpose of this law is to opt into the State program to provide a real property tax exemption for historic property with Town landmark status located within the Town of Southold to the extent of any increase in value attributable to alterations or rehabilitation, in order to promote historic preservation in the Town of Southold. II. A new Article VIII of Chapter 245 of the Code of the Town of South old is hereby . enacted as follows: ARTICLE VIII Exemption for Historic Properties ~245-9. Real Property Tax Exemption. The Town of South old hereby grants an exemption from taxation and special ad valorem levies as authorized under Section 444-a of the NEW YORK REAL PROPERTY TAX LAW and as provided herein: A. Property located within the Town of Southold designated as "historic" pursuant to Chapter 170 of the Town Code of the Town of Southold shall be exempt from taxation and special ad valorem levies imposed by or on behalf of the Town of Southold, to the extent of any increase in value attributable to alteration or rehabilitation pursuant to the following schedule: (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev 11/99) 1 Year of Exemption I 2 3 4 5 6 7 8 9 10 Percent of Exemption 100 100 100 100 100 80 60 40 20 o B. No such exemption shall be granted unless: 1. . n. iii. IV. v. Such property has been designated as "historic" pursuant to Chapter 170 ofthe Town Code of the Town of South old; Alterations or rehabilitation must be made for means of historic preservation; Such alterations or rehabilitation of "historic" property meet the guidelines and review standards of Chapter 170 of the Town Code of the Town of Southold; Such alterations or rehabilitation of "historic" property are approved by the Town of Southold Historic Preservation Commission; Alterations or rehabilitation are commenced subsequent to the effective date of this local law. C. Such exemption shall be granted only by application of the owner or owners of such "historic" real property on a form prescribed by the State Board of Real Property Services. The application shall be filed with the Town of Southold Assessors on or before the appropriate taxable status date of Suffolk County. Such exemption shall be granted where the Town of Southold Assessors are satisfied that the applicant is entitled to an exemption pursuant to this law. The Assessor shall approve such application and such property shall thereafter be exempt from taxation as herein provided commencing with the assessment roll prepared on the basis of the taxable status date referred to in subdivision (A) of this section. The assessed value of any exemption granted pursuant to this law shall be entered by the Assessor on the assessment roll with the taxable property, with the amount of the exemption shown in a separate column. D. . III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after January 1,2008. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. The Southold Town Clerk is directed to forward a copy of this Local Law to the State Board of Real Property Services and the Southold Town Assessors. 2 (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) [ hereby certifY that the local law annexed hereto, designated as local law No. 24 of20..!!1..--: of the (Caullt) )(Cit) )(Town) ('.'illago) of SOUTHOLD was duly passed by the TOWN BOARD on_December 18_,20!!1-, 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 the (County)(City)(Town)(Village) of on disapproval) by the in accordance with the applicable provisions oflaw. . of 20_ was duly passed by the 20 _, and was (approved)(not approved)(repassed after and was deemed duly adopted on 20_ 3. (Final adoption by referendum.) I hereby certifY that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20_, and was (approved)(not approved)(repassed after disapproval) by the on 20. Such local law was submitted to the people by reason ofa (mandatory)(permissive) referendum, and received the affirmative vote ofa majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20_, in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) . I hereby certifY that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20, and was (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, Ifthere 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. 3 5. (City local law concerning Charter revision proposed by petition.) I hereby certifY that the local law annexed hereto, designated as local law No. of20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a mlliority 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 ofthe qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) . I further certifY that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law , and was finally adopted in the manner indicated in paragraph 1 , above. (Seal) ~Q.~ Clerk of the County legislative oody. City. Town or Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk Date: December 26. 2007 (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 have been had or taken for the enactment of the local law aw contains the correct text and that all proper proceedings nne heret \ 0 gn re a icia A. Finnegan, Esq., Town Attorney Kieran Corcoran. Esq.. Assistant Town Attornev Title -COURt:,' ~ Town of '.'illago Date: SOUTHOLD December 26.2007 4 #8623 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once a week for --1- week(s), successively, commencing on the 6th day of December, 2007. Sworn to before me this ! (' LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE [S HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 20th day of November, 2007 a Local Law entitled "A Lorn. lAW in relation to Tax FxemD- rion for Alteration and Rehabilitation ofl.undmarked ProDerties" AND NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 18th day of December, 2007 at 4:35 p.~. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entltled.~ I ,oCllII.aw in relation to Tax Exemntion for Alteration and Rehabilitation of l.andmarked prooerties" reads as fol- lows: I OeAI, LAW NO. 2007 A Local Law entitled,"A l,ncal Law in relation to Tax Rxemotion for Altera. J!~ ~~" Principal Clerk IDil'j day of C iJiACrllcJ U'; (,/;)// CHRIS'!NA VOllNSKI NOT'OV "'BI!e .STATE OF NEW YORK "C ""06105050 ~-'ijl.ll"h'; ~ ;;u~folk County :.;m\H~ssj(,!" hfJlrft~ I=Qbruary 28, 2008 2007 law is to opt into the State program to provide a real property tax exemption for historic property with Town land- mark status located within the Town of South old to the extent of any increase in value attributable to alterations or reha- bilitation, in order to promote historic preservation in the Town of Southold. II. A new Article V III of Chapter 245 of the Code of the Town of Southold is hereby enacted as follows: ARTICLE VIII Exemntion for Historic ProDerties &245w9. Real Pro pert)' Tax ExemD- tion. The "Iown of Soulhold herebv Qrants an exemotion from taxation and special ad valorem levies as authorized un- der Section 444-a of the NEW YORK REAL PROPERTY TAX LAW and as orovided herein: A. Prooerty located within the "lown of Southold desipnated as "historic.' nUfsuant to Chapter 170 of the Town Code of the Town of Southold shall be exemot from taxation and soecial ad valorem levies imoosed bv or on behalf of the Town of Soulhold to the extent of anv increase in value attributable to alteration or rehabilitation rmrsuant to the followinQ schedule: Year of Exenmtion Percent of Exemntion 1 100 Z 100 J 1QQ :! lilll .5. 100 6 !ill 1 6Q fi ~ 2 2.Q ill Jl B. No such exemntion shnll be frant- ed unless: i. Such nropertv has been desh>nated as "historic" nursuant to Chanter 170 of the Town Code of the Town of South- old. ii. Alterations or rehabilitation must be made for means of historic nreserva- tion. iii. Such alterations or rehabilitation of "historic" oronertv meet the l!Uide- lines and review standards of Chanter 170 of the Town Code of the Town of Southold. iv. Such alterations or rehabilitation of "historic" pronertv are aonroved bv the Town of Southold Historic Preser- vation Commission' v. Alterations or rehabilitation are commenced subsequent to the effective date of this local law. C. Such exemotion shall be vranted only bv anplication of the owner or own- ers of such "historic" real oronertv on a form nrescrihed bv the State Board of Real Propertv Services. The anolication shall be filed with the Town of Southold Assessors on or before the anorooriate taxable status date of Suffolk Countv. D. Such exemotion shall be I!:ranted where the Town of Southold Assessors are satisfied that the anplicant is en- titled to an exemntion oursuant to this law. The Assessor shall aonrove such flnnlication and such mopertv shall thereafter he exemnt from taxation as herein orovided commencim> with the assessment roll prenared on the basis of the taxable status date referred to in subdivision (A) of this section. The as- sessed value of anv exemntion I>ranted pursuant to this law shall he entered bv the Assessor on the assessment roll with the taxable orooertv with the amount of the exemntion shown in a senarate column. m. 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 unconstitu- tional or invalid. IV, EFFECTIVE DATE Thi" T ",""I T .::lW sh::lll :mnlv to assess- Sworn to before me this ( {I LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York. on the 20th day of November, 2007 a Local Law entitled "A Local Law in relation to Tax Exemo- tion for Alteration and Rehabilitation of Lllndmarked Prooerties" AND NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 18th day of December, 2007 at 4:35 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled,~ Locall.aw jn relation to Tax Exemotion for Alteration and Rehabilitation of Landmarked Prooerties" reads as fol- lows: LOCAII,AWNO. 2007 A Local Law entitled. "A 1,Ot:aI Law in rellltioD to TllX Exemntion for Altera- tion And Rehabilitation of t.andmarked Prooerties" . BE IT ENACTED by the Town Board of the Town of Southold as fol- lows: t. Purpose. The Town Board of the Town of Southold hereby finds and determines that the preservation of historic prop- erty is essential to maintaining the cul- ture and history of Southold Town. This Town Board also finds and determines that owners of historic real property will be more willing to alter or rehabilitate such property if they were to receive in- centives in the form of property tax ex- emptions. Therefore. the purpose of this ~JG~) , Principal Clerk day of !Oil~j 2007 C 17L10hiJ{ U9 L/j( CHRISTINA VOllNSKI NOT ,,"v '''~IIC,STATE OF NEW YORK 'J,; 1 '/06105050 ~"ilrq',h:( _'1 };u~folk County nmlHi:;sior> hjJltff$ j:'obruary 28. 2008 law is to opt into the State program to provide a real property tax exemption for historic property with Town land. mark status located within the Town of Southold to the extent of any increase in value attributable to alterations or reha- bilitation. in order to promote historic preservation in the Town of Southold. II. A new Article VIll of Chapter 245 of the Code of the Town of Southold is hereby enacted as follows: ARTICLE VIII Exemotion for Historic ProDerties &245-9. Real Propertv Tax ExemD- tion. The Town of Southold herebv Qrants an cxemotion from taxation and soecial ad valorem levies as authorized un- der Section 444-a of the NEW YORK REAL PROPERTY TAX LAW and as provided herein: A. Prooertv located within the Town of Southold desiQnated as "historic" pursuant to Chanter 170 of the Town Code of the Town of Southold shall be exempt from taxation and soecial ad valorem levies imnosed bv or on behalf of the Town of Southold to the extent of anv increase in value attributable to alteration or rehabilitation oursuant to the followim' schedule: Year of Exemotion Percent of Exemption 1 100 Z 100 J. 100 .4 100 J. 100 Q fill 1 fill 8 :ill 2 2Q 1Q -.0 B. No such cxemotion shall be prant- ed unless: i. Such oropertv has been desilmated as "historic" oursuant to Chanter 170 of the Town Code of tbe Town of South- Qkt ii. Alterations or rehabilitation must be made for means of historic oreserva- tion. iii. Sueh alterations or rehabilitation of "historic" prooertv meet the Quide- lines and review standards of Chanter 170 of the Town Code of the Town of Southold' iv. Such alterations or rehabilitation of "historic" orooertv are aoorovcd bv the Town of Southold Historic Preser- vation Commission: v. Alterations or rehabilitation are commenced subseauent to the effective date of this local law. Co Such exemntion shall be pranted onlv bv aoolication of the owner or own- ers of such "historic" real oronertv on a form orescribed bv the State Board of Real Prooertv Services. The aoolication shrill be filed with the Town of Southold Assessors on or before the aoorooriate taxable status date of Suffolk Countv. D. Such exemotion shall be pranted where the Town of Southold Assessors are srltisfied that the anolicant is en- titled to an exemntion oursuant to this law. The Assessor shall aoorove such application and such orooertv shall thereafter be exemnt from taxrltion as herein orovided commencing with the rlssessment roll oreoared on the basis of the taxable status date referred to in subdivision (A) of this section. The as- sessed value of anv exemotion pranted pursuant to this law shall be entered bv the Assessor on the assessment roll with the taxable orooertv with the amount of the exemotion shown in a seoarate column. m. 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 unconstitu- tional or invalid. IV. EFFECTIVE DATE This Local Law shall apply to assess- ment rolls prepared on the basis of tax- able status dates occurring on or after January 1. 2008. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. The Southold Town Clerk is direct- ed to forward a copy of this Local Law to the State Board of Real Property Ser- vices and the Southold Town Assessors. Dated: November 20. 2007 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk 8623-1T 1216 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 20th day of November, 2007 a Local Law entitled "A Local Law in relation to Tax Exemption for Alteration and Rehabilitation of Landmarked Properties" AND . NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 18th day of December, 2007 at 4:35 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 Tax Exemption for Alteration and Rehabilitation of Landmarked Properties" reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to Tax Exemption for Alteration and Rehabilitation of Landmarked Properties". . BE IT ENACTED by the Town Board of the Town of South old as follows: I. Purpose. The Town Board of the Town of South old hereby finds and determines that the preservation of historic property is essential to maintaining the culture and history of Southold Town. This Town Board also finds and determines that owners of historic real property will be more willing to alter or rehabilitate such property if they were to receive incentives in the form of property tax exemptions. Therefore, the purpose of this law is to opt into the State program to provide a real property tax exemption for historic property with Town landmark status located within the Town of Southold to the extent of any increase in value attributable to alterations or rehabilitation, in order to promote historic preservation in the Town of South old. II. A new Article VIII of Chapter 245 of the Code ofthe Town of South old is hereby enacted as follows: ARTICLE VIII Exemption for Historic Properties &245-9. Real Property Tax Exemption. The Town of Southold hereby grants an exemption from taxation and special ad valorem levies as authorized under Section 444-a of the NEW YORK REAL PROPERTY TAX LAW and as provided herein: . A. Property located within the Town of Southold designated as "historic" pursuant to Chapter 170 of the Town Code of the Town of Southold shall be exempt from taxation and special ad valorem levies imposed bv or on behalf of the Town of Southold. to the extent of any increase in value attributable to alteration or rehabilitation pursuant to the following schedule: Year of Exemption 1 2 .:2. 4 2- Q 1 .8. <2 lQ Percent of Exemption 100 100 100 100 100 80 60 40 20 Q . B. No such exemption shall be granted unless: 1. Such property has been designated as "historic" pursuant to Chapter 170 of the Town Code of the Town of Southold: 11. Alterations or rehabilitation must be made for means of historic preservation: 111. Such alterations or rehabilitation of "historic" property meet the guidelines and review standards of Chapter 170 of the Town Code of the Town of South old: IV. Such alterations or rehabilitation of "historic" property are approved by the Town of Southold Historic Preservation Commission: v. Alterations or rehabilitation are commenced subsequent to the effective date of this local law. C. Such exemption shall be granted only by application ofthe owner or owners of such "historic" real property on a form prescribed by the State Board of Real Property Services. The application shall be filed with the Town of Southold Assessors on or before the appropriate taxable status date of Suffolk County. D. Such exemption shall be granted where the Town of South old Assessors are satisfied that the applicant is entitled to an exemption pursuant to this law. The Assessor shall approye such application and such property shall thereafter be exempt from taxation as herein proyided commencing with the assessment roll prepared on the basis of the taxable status date referred to in subdivision (A) of this section. The assessed value of anv exemption granted pursuant to this law shall be entered bv the Assessor on the assessment roll with the taxable propertv. with the amount of the exemption shown in a separate column. . III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after January I, 2008. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. The Southold Town Clerk is directed to forward a copy of this Local Law to the State Board of Real Property Services and the Southold Town Assessors. Dated: November 20, 2007 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk . PLEASE PUBLISH ON DECEMBER 6, 2007 AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: Suffolk Times Assessors Town Clerk's Bulletin Board Town Board Members Town Attorney STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of South old, New York being duly sworn, says that on the ~ day of N{)l)p- be..r ,2007, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of South old, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. PH Landmark Tax Exempt 12/18/074:35 pm . DrdlJ O. /)pu ilv lizabeth A. Neville Southold Town Clerk Sworn before me this ..1a... day of Nooe~. ~.1 ,2007. 'Sf) ~ ~ 0:JO Not ry Public . LYNDA M. BOHN NOTARY PUBLIC, State of New York No. 01 B06020932 Qualified in Suffolk County Term Expires March 8, 20 1L " Southold Town Board - Letter L~L Board Meeting of November 20, 2007 RESOLUTION 2007-887 ADOPTED Item # DOC ID: 3321 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-887 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 20, 2007: . WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 20th day of November, 2007 a Local Law entitled "A Local Law in relation to Tax Exemption for Alteration and Rehabilitation of Landmarked Properties" now, therefore, be it RESOLVED that the Town Board of the Town of South old will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 18th day of December, 2007 at 4:35 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 Tax Exemption for Alteration and Rehabilitation of Landmarked Properties" reads as follows: . LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to Tax Exemption for Alteration and Rehabilitation of Landmarked Properties". BE IT ENACTED by the Town Board of the Town of South old as follows: I. Purpose. The Town Board of the Town of South old hereby finds and determines that the preservation of historic property is essential to maintaining the culture and history of Southold Town. This Town Board also finds and determines that owners of historic real property will be Generated November 26, 2007 Page 22 Southold Town Board - Letter Board Meeting of November 20, 2007 ", more willing to alter or rehabilitate such property if they were to receive incentives in the form of property tax exemptions. Therefore, the purpose of this law is to opt into the State program to provide a real property tax exemption for historic property with Town landmark status located within the Town of Southold to the extent of any increase in value attributable to alterations or rehabilitation, in order to promote historic preservation in the Town of Southold. II. A new Article VIII of Chapter 245 of the Code of the Town of South old is hereby enacted as follows: ARTICLE VIII . Exemption for Historic Properties &245-9. Real Property Tax Exemption. The Town of South old herebv grants an exemption from taxation and special ad valorem levies as authorized under Section 444-a of the NEW YORK REAL PROPERTY TAX LAW and as provided herein: A. Property located within the Town of Southold designated as "historic" pursuant to Chapter 170 of the Town Code of the Town of South old shall be exempt from taxation and special ad valorem levies imposed bv or on behalf of the Town of Southold. to the extent of any increase in value attributable to alteration or rehabilitation pursuant to the following schedule: Year of Exemption Percent of Exemption . 1 2- 2- 1 ~ Q 1 100 100 100 100 100 80 60 Generated November 26, 2007 Page 23 Southold Town Board - Letter Board Meeting of November 20, 2007 ~ 2 10 40 20 .Q B. No such exemption shall be granted unless: . I. Such property has been designated as "historic" pursuant to Chapter 170 of the Town Code of the Town of South old: ii. Alterations or rehabilitation must be made for means of historic preservation: 111. Such alterations or rehabilitation of "historic" property meet the guidelines and review standards of Chapter 170 of the Town Code of the Town of South old: IV. Such alterations or rehabilitation of "historic" property are approved by the Town of Southold Historic Preservation Commission: v. Alterations or rehabilitation are commenced subsequent to the effective date of this local law. . C. Such exemption shall be granted only by application of the owner or owners of such "historic" real property on a form prescribed by the State Board of Real Property Services. The application shall be filed with the Town of Southold Assessors on or before the appropriate taxable status date of Suffolk County. D. Such exemption shall be granted where the Town of South old Assessors are satisfied that the applicant is entitled to an exemption pursuant to this law. The Assessor shall approve such application and such propertv shall thereafter be exempt from taxation as herein provided commencing with the assessment roll prepared on the basis of the taxable status date referred to in subdivision (A) of this section. The assessed value of any exemption granted pursuant to this law shall be entered by the Assessor on the assessment roll with the taxable property. with the amount of the exemption shown in a separate column. Generated November 26,2007 Page 24 Southold Town Board - Letter Board Meeting of November 20, 2007 III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after January 1,2008. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. The Southold Town Clerk is directed to forward a copy of this Local Law to the State Board of Real Property Services and the Southold Town Assessors. I"'tr~Q.Q..."IJ... Elizabeth A. Neville South old Town Clerk . RESULT: ADOPTED [UNANIMOUS] MOVER: Daniel C. Ross, Councilman SECONDER: William P. Edwards, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell . Generated November 26, 2007 Page 25