HomeMy WebLinkAboutSH RES 971Southampton Town Board
116 Hampton Road
Southampton, NY 11968
Sundy A. Schermeyer Town Clerk
Telephone: (631) 287-5740
Fax: (631) 283-5606
Hampton Bays Annex: (631) 723-2712
October 13, 2011
Honorable Elizabeth Neville
Town of Southold
P.O. Box 1179
Southold, NY 11971
Dear Honorable Elizabeth Neville:
Responding to this letter will serve as an acknowledgement of receipt of the attached
copies of resolutions adopted by the Southampton Town Board. Please sign this letter and
return it to the Town Clerks Office via standard mail, by fax at 631-283-5606 or you may
scan and email it back to townclerk@southamotontownnv.oov.
Signature:
Please be advised that the Town Board, at a meeting held on October 11, 2011 1:00
PM, reviewed the following resolution(s):
Resolution RES-2011-971 Adopted [4 to 0]
Resolution of Adoption for Amendments to Southampton Town Code Article XXVIII to Revise
the Criteria for a Town Landmark Designation and the Procedure for the Designation of
Town Historic Districts
Sincerely Yours,
Sundy A. Schermeyer
Town Clerk
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Southampton Town Board
116 Hampton Road
Southampton, NY 11968
Sundy A. $chermeyer Town Clerk
Telephone: (631) 287-5740
Fax: (631) 283-5606
Hampton Bays Annex: (631) 723-2712
October 13, 2011
Honorable Elizabeth Neville
Town of Southold
P.O. Box 1179
Southold, NY 11971
Dear Honorable Elizabeth Neville:
Please be advised that the Town Board, at a meeting held on October 11, 2011 1:00
PM, reviewed the following resolution(s):
Resolution RES-2011-971 Adopted [4 to 0]
Resolution of Adoption for Amendments to Southampton Town Code Article XXVIII to Revise
the Criteria for a Town Landmark Designation and the Procedure for the Designation of
Town Historic Districts
CC:
Nancy Graboski, Councilwoman
3oseph Burke
Charles Bellows, Landmarks
Janice Scherer
Stephanie Davis, Biking Citizen Advisory Committee
Jeffrey Gibbons
David Wilcox
Alexandra Sullivan
Zachary Studenroth, Town Historian
Susan Clark
Gary Cobb
Sally Spanburgh
Nancy Mullan
Tamara Wright, Comptroller
Christopher Nuzzi, Councilman
John Capone, Network Admin
Kim Myers
Kathleen Murray
Lisa Dunlap
Cindy Guerriero
Kim Ottati
Sundy Schermeyer, Town Clerk
Tara Leach, Assistant
Michael Baldwin
Sandra Cirincione
Anna Throne-Hoist, Supervisor
Kathryn Scott
Paul Rubano
Karin Johnson
James Malone, Councilman
Bridget Fleming, Councilwoman
Russell Kratovill
Tiffany Scarlato
Dennis Finnerty, Planning Board Chairman
Lorraine David
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Southampton Town Board - Letter Board Meeting of October 11, 2011
Jefferson Murphree, Land Management
Diane Neill, PR Planner
Jacqueline Sherman-Smith, Principal Planner
Janice Wilson
Kristen Tuffy
Michael Benincasa, Chief Building Inspector
Beth Kamper, Village Clerk
Kimberly Shaw
Brenda Prusinowski, Deputy Comm. of PELM
Lori Riccardi, ZBA Head Clerk
Martin Haley, Comm. of Bldg & Fire Prevention
Patricia Eddington, Brookhaven Town Clerk
Rebecca Molinaro, Village Clerk - Treasurer
Clare Vail, Assistant
William H. Rogers, Deputy Commissioner of PELM
Tullio Bertoli, Commissioner of PELM
Robert Quinlan, Brookhaven Town Arty
Gilbert Anderson, Deputy Commissioner
Herb Phillips
Stephen Funsch, Village Clerk/Treasurer
Rosemarie Cary Winchell, Village Clerk
Donald Louchheim, Mayor
Honorable Frederick Overton, Town Clerk
Sarah Lansdale, Director
L.I. State Park Commission
Laura J. Delessandro, Village Cerk
Honorable Dorothy Ogar, Town Clerk
Honorable Diane Wilhelm, Town Clerk
Georgia Welch, Village Clerk
Tim Laube, Clerk
Andrew Freleng, Chief Planner
Historic Landmarks Board
Sincerely Yours,
Sund¥ ^. Schermeyer
Town Clerk
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Southampton Town Board - Letter Board Meeting of October 11, 2011
RESOLUTION 2011-971
ADOPTED
Item # 6.26
DOC ID: 13682
Resolution of Adoption for Amendments to Southampton
Town Code Article XXVIII to Revise the Criteria for a Town
Landmark Designation and the Procedure for the Designation
of Town Historic Districts
WHEREAS, the Town Board is considering amending Article XXVTT[ (Landmarks and Historic
Districts and Heritage Resource Areas) of the Southampton Town Code to Revise the
Criteria for a Town Landmark Designation and the Procedure for the Designation of Town
Historic Districts; and
WHEREAS, a public hearing was held on September 27, 2011, at which time all persons
either for or against said amendment were heard; and
WHEREAS, the Department of Land Management has advised the Town Board that this
proposed local law is considered a "Type [[ Action" under 6 NYCRR Part 617.5, provisions of
the New York State Environmental Quality Review Act (SEQRA) and Chapter 157 of the
Town Code, and that no further review under New York Conservation Law, Article 8, is
necessary; now therefore be it
RESOLVED, that Local Law No. 33 of 2011 is hereby adopted as follows:
LOCAL LAW NO. 33 OF 2011
A LOCAL LAW amending Article XXVTT[ (Landmarks and Historic Districts and Heritage
Resource Areas) of the Southampton Town Code to Revise the Criteria for a Town Landmark
Designation and the Procedure for the Designation of Town Historic Districts.
BE [T ENACTED by the Town Board of the Town of Southampton as follows:
SECTTON 1. Legislative Tntent.
As articulated in the 1999 Comprehensive Plan Update, the historic and cultural pasts of
Southampton Town are integral to our sense of place, sense of community, economy, and
attraction as a visitor destination and second home market. Historic resources add greatly
to Southampton's scenic quality, sense of place, developmental heritage, and aesthetic
character. As such, they contribute significantly to the continued economic vitality of the
Town, both in terms of local business development, and the tourism that many of the
Town's residents and businesses rely upon. Tn order for these resources to be adequately
protected, the Town Board recognizes that this historic identity must be recognized and
preserved.
The goal of historic preservation is to preserve continuity with the past, not the isolation of
the past. [ndeed, the continuity of our cultural heritage both anticipates and encourages
ongoing change and development. Historic properties are recognized as resources important
to the ongoing development of our communities. Tn order to increase community awareness
of historic structures and ensure that these structures are given due consideration prior to
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Southampton Town Board - Letter Board Meeting of October 11, 2011
alterations that may affect their historic integrity it is necessary to provide both a procedure
for the designation of landmarks and historic districts and for the issuance of a Certificate of
Appropriateness (COA).
A historic district is a distinct area or concentration of structures that are highly intact and
emulate a specific period, architectural style or are considered a significant historic resource
for the hamlet or for the Town. Designations are normally considered prestigious
recognitions and have the added effect of preserving or increasing property values. Tn
addition historic districts allow for individuals to request landmark status for their properties
and once obtained, apply for the purchase of fa(;ade easements or tax credits to offset the
costs of maintenance or rehabilitation.
Currently, a historic resources survey is under way in the Town, which is scheduled to be
completed in November 2011. The survey will identify buildings, structures and/or sites that
meet the eligibility criteria outlined in the Town Code and that adhere to the Secretary of
the Tnterior's Standards and Guidelines for Tdentification and Evaluation. This type of
reconnaissance is the most basic approach for systematically documenting and evaluating
historic buildings. Based on fieldwork and accepted methodology, the Survey will include
recommendations for the designation of landmarks and historic districts.
Tn anticipation of the survey results, these amendments seek to revise the existing criteria
and streamline the procedure for designation of Town landmarks and historic districts in
order to better balance the objective of historic preservation with protecting the rights of
property owners to ensure the goals of the comprehensive plan are met.
SECTION 2. Amend Article XXVIII.
Article XXVTTT of the Southampton Town Code is hereby amended by adding the underlined
words and deleting the stricken words as follows:
§330-320. Landmarks and Historic Districts Board.
The Town Landmarks and Historic Districts Board~,..~*"~ "~-a"~w., ~ is hereby
established. The Board shall consist of nine Town residents to be appointed by the
Town Board and, to the extent available in the community, shall be representative of
the entire Southampton Town community and drawn from the following disciplines:
architecture, architectural history, archaeology, local history, law, historic
preservation and real estate. All members shall have demonstrated significant
interest in and commitment to the field of historic preservation or related fields and
shall have a known interest in historic, cultural, and architectural development within
the Town of Southampton. The Southampton Town Historian shall serve as an ex-
officio member of the Landmarks and Historic Districts Board.
Landmarks and Historic District Board members shall serve for a term of three years,
with the exception of the initial term of one of the members which shall be one year,
two for two years and two for three years. Members may serve for more than one
term.
The Chairman shall be annually selected by the Town Board. The Town Board may
elect to designate a Vice Chairman and Secretary.
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Southampton Town Board - Letter Board Meeting of October 11, 2011
Administrative support for the Landmarks and Historic Districts Board shall be
provided by the Department of Land Management, which shall also perform records
management, prepare minutes and agendas, and receive and distribute
correspondence on behalf of the Board.
The Landmarks and Historic District Board shall adopt rules of procedure as it may
deem necessary to the proper exercise of its responsibilities.
The Landmarks and Historic District Board shall be empowered to:
(1)
Conduct surveys of significant historic, architectural and cultural landmarks
and historic districts within the Town.
(2)
Recommend the designation of significant historic, architectural and cultural
landmarks and the establishment of historic districts to the Town Board.
(3)
Tncrease public awareness of the value of historic, architectural and cultural
preservation by developing, implementing and participating in public
education programs.
(4)
Make recommendations to the Town Board concerning the donation or
acquisition of facade easements, development rights or other interests in real
property as necessary.
(5)
Make recommendations to the Town Board concerning the utilization of state
or private funds to promote the preservation of landmarks and historic
districts within the Town of Southampton.
(6)
Recommend acquisition of a landmark structure by the Town Board where its
preservation is essential to the purposes of this act and where private
preservation is not feasible.
(7)
Make recommendations to the Town Board regarding staff and professional
consultants necessary to carry out the duties of the Board.
(8) Engage in opportunities for professional development.
(9) Approve or disapprove applications for certificates of appropriateness.
(10) Recommend site selection as Hamlet Heritage Resource Areas.
The Town Landmarks and Historic Districts Board Cultural Resources Subcommittee
is hereby established. The Cultural Resources Subcommittee shall consist of at least
three Town residents and may include ex-officio members duly recognized by the
Landmarks and Historic Districts Board. All members shall have demonstrated
significant interest in and commitment to the field of historic preservation or related
fields and shall have a known interest in archaeology. The terms of office of the
members of the Cultural Resources Subcommittee shall run concurrent with the
terms of the Landmarks and Historic Districts Board appointments, unless otherwise
designated by the Landmarks and Historic Districts Board.
(1) The Cultural Resources Subcommittee shall be empowered to:
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Southampton Town Board - Letter Board Meeting of October 11, 2011
(a)
Research and identify possible historic or archaeologically sensitive
lands in the Town of Southampton.
(b) Recommend a structured archaeological process for the Town.
(c)
Make recommendations to the Town Board regarding professional
consultants necessary to carry out archaeological services.
(d)
Review and comment on archaeological reports of sensitive lands in
the Town.
(e)
Work closely with the Landmarks and Historic Districts Board, the
Planning Board, and the Town Board to make recommendations
regarding archaeologically sensitive lands in the Town, including but
not limited to potential burial grounds, sacred sites, and places that
may hold subsurface cultural resources.
§330-321. Procedure and criteria for designation of landmarks or historic districts.
All applications for the designation of a landmark or historic district shall be available
from and submitted to the Department of Land Management and forwarded to the
Landmarks and Historic Districts Board for review. Upon a determination of
completeness by the Landmarks and Historic Districts Board, the Landmarks and
Historic Districts Board shall submit an advisory report to the Town Board, and file
same with the Town Clerk.
Upon the submission of an advisory report by the Landmarks and Historic Districts
Board, the Town Board sh~ll may designate landmarks ~.~d h!stor!c d!str!cts based on
the following criteria, after a public hearing in accordance with this article and with
the written consent of the property owner.
(1)
The Town Board may designate an individual property as a landmark if it
meets one or more of the following criteria:
(a)
(b)
Possesses special character or historic or aesthetic interest of value as
part of the cultural, political, economic or social history of the locality,
region, state or nation; OF
TS identified with historic personages or is the site of an historic event
in the Town, state, or nation; OF
(c)
Embodies the distinguishing characteristics of an architectural type,
period, or style or contains elements of design, details, materials or
craftsmanship which represent a significant innovation; OF
(d)
TS the work of a designer, engineer, builder, artist, or architect whose
work has significantly influenced an age; OF-
(e)
Because of a unique location or singular physical characteristic,
represents an established and familiar visual feature of the
neig hborhood,~
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Southampton Town Board - Letter Board Meeting of October 11, 2011
(f)
Qualifies for inclusion on the State or National Registers of Historic
Places.
(2)
The Town Board may designate a group of properties as an historic district
after a public hearing in accordance with this article if it:
(a)
Contains properties which meet one or more of the criteria for
designation of a landmark; and
(b)
By reason of possessing such qualities, it constitutes a distinct section
of the Town of Southampton; and
(c)
Receives a petition indicating the consent of a minimum of 20% of the
property owners within the area to be designated.
(i) Religious institutions: Upon application to the Town Board, said
Board may, exclude a religious institution from an historic
district. For purposes of this subsection, a "religious institution"
shall be defined as such organization, association or corporation
as complies with the requirements set forth in ~420-a, 420-b
(Nonprofit organizations), 460 and 462 of the New York Real
Property Tax Law and shall have tax-exempt status as
determined by the Assessor of the Town of Southampton.
(ii) School district properties: School district properties shall be
excluded from the formation of an historic district. For the
purposes of this subsection, said property shall be those
properties that are exempt from taxation pursuant to ~ 408 of
the Real Property Tax Law, and any amendments thereto, and
that such property has tax-exempt status as determined by the
Assessor of the Town of Southampton.
B~. C~. The boundaries of each historic district designated henceforth shall be specified by a
survey or map filed by the Landmarks and Historic Districts Board in the Town Clerk's office.
The Town Board shall refer all~vv,,~.,v,,.~--"~*'~-~ proposed designations ~-,v, .~.,~,,~.,~,,a~'~-~*'~- of
the Town Planning Board for co,,m,,me,qts an advisory report prior to any action.
E~. E~. Hearing; notice; actions during designation process.
(1)
The Town Board shall hold a public hearing prior to designation of any
landmark or historic district. As directed in the resolution setting the hearing,
notice of a proposed designation of property as either an historic landmark or
of its inclusion in an historic district shall be sent by certified mail to the
owner(s) of record thereof by the Town Clerk, describing the property
proposed and announcing a public hearing by the Town Board to consider the
designation. The Town Board shall hold such a public hearing within 45 days
of receipt of an advisory report from the Landmarks Board regarding the a
r~comm~,~d~t!o,~ of proposed designation. Notice shall be published in the
official newspaper at least 10 days prior to the date of the public hearing.
(2) Once the Town Board has authorized the publication of a proposed
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Southampton Town Board - Letter Board Meeting of October 11, 2011
designation, no building permits for demolition may be issued for a proposed
landmark or a structure which constitutes a contributing element of a
proposed historic district and no building permits shall be issued for
substantial alterations or addition for a proposed landmark or a structure
which constitutes a contributing element of a proposed district.
(3)
Nothing contained in §330-?.9D(2) 321E(2) shall prohibit an owner of a
property proposed for landmark designation or for inclusion in an historic
district from applying for a certificate of appropriateness pursuant to this
chapter although the designation process has not been completed.
(4)
The Town Board shall render a determination within 45 days of the close of
the public hearing and written record on the proposed designation.
E:. F~.
At the public hearing, the Town Landmarks and Historic Districts Board, owners and
any interested parties may present testimony or documentary evidence which will
become part of a record regarding the historic, architectural or cultural importance of
the proposed landmark or historic district. The Town Board may request any other
information it deems reasonable and necessary to make its determination. The
record may also contain staff reports, public comments or other evidence offered
outside of the hearing.
~ G. The Town Board may adopt specific and unique criteria for the review of certificates
of appropriateness in a newly designated historic district.
The Town Clerk shall forward notice of each property designated as a landmark and
of the boundaries of each designated historic district to the office of the Suffolk
County Clerk for recording.
§330-322. Certificate of appropriateness for alteration, demolition or new construction
affecting landmarks or historic districts.
Nothing in this article shall be construed to prevent the ordinary maintenance and
repair of any exterior architectural feature of a landmark or property within an
historic district which does not involve a change in design, material, color or outward
appearance.
No person shall carry out any exterior alteration, restoration, reconstruction,
demolition, new construction or moving of a landmark e~ o~r property within an
historic district, nor shall any person make any material change in the appearance of
such a property, its light fixtures, signs, sidewalks, fences, steps, paving or other
exterior elements visible from a public street or alley, without first obtaining a
certificate of appropriateness from the Landmarks and Historic District Board.
§330-323. Criteria for approval of certificate of appropriateness.
Tn passing upon an application for a certificate of appropriateness, the Landmarks
and Historic District Board shall not consider changes to interior spaces or consider
changes to architectural features that are not visible from a public str~t right-of-
way or alley.
B. When reviewing plans relating to landmarks or properties within an historic district,
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Southampton Town Board - Letter Board Meeting of October 11, 2011
the Landmarks and Historic District Board shall utilize and be guided by the
Secretary of the ]nterior's Standards for Rehabilitation and Guidelines for
Rehabilitating Historic Buildings, a copy of which shall be available in the office of the
Town Clerk, as well as the following principles:
(1)
Properties which contribute to the character of the historic district shall be
retained, with their historic features altered as little as possible.
(2)
Any alteration of existing property shall be compatible with its historic
character, as well as with the surrounding district.
(3) New construction shall be compatible with the district in which it is located.
In applying the principle of compatibility, the Landmarks and Historic District Board
shall consider the following factors:
(1)
The general design, character and appropriateness to the property of the
proposed alteration or new construction.
(2)
The scale of proposed alteration or new construction in relation to the
property itself, surrounding properties and the neighborhood.
(3)
Texture, materials and color and their relation to similar features of other
properties in the neighborhood.
(4)
(5)
Visual compatibility with surrounding properties, including proportion of the
property's front facade, proportion and arrangement of windows and other
openings within the facade, roof shape and the rhythm of spacing of
properties on streets, including setbacks.
The importance of historic, architectural or other features to the significance
of the property.
The Landmarks and Historic District Board may establish reasonable conditions for
approval, including the following:
(1)
Tn an application for demolition, the documentation of the building and site by
photographs, drawings or other appropriate means.
(2)
Prior to new construction, where warranted, the investigation for cultural
remains on site. Access to any resulting information may be limited to protect
archaeological sites.
§330-324.
A.
Certificate of appropriateness application procedure.
Prior to the commencement of any work requiring a certificate of appropriateness,
the owner(s) or authorized representative shall file an application for such a
certificate with the Department of Land Management. The application shall contain:
(1) Name, address and telephone number of applicant.
(2) Authorization for owner's agent or representative.
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Southampton Town Board - Letter Board Meeting of October 11, 2011
(3)
Location, Tax Map designation and photographs of the property clearly
indicating all public views.
(4)
Elevation drawings showing existing conditions and proposed changes, if
warranted.
(5) Perspective drawings, including relationship to adjacent properties, if
warranted.
(6) Sample of color or materials to be used, if warranted.
(7)
Where the proposal includes signs or lettering, a scale drawing showing the
type of lettering to be used, all dimensions and colors, a description of
materials to be used, method of illumination and a plan showing the sign's
location on the property.
(8)
Any other information which the Board may deem necessary in order to
visualize the proposed work.
Preliminary plans, elevations, sketches and/or proposals may be submitted to the
Landmarks and Historic District Board by the applicant for a preapplication
conference prior to filing an application for a certificate of appropriateness.
No building permit shall be issued for such proposed work until a certificate of
appropriateness has first been issued by the Landmarks and Historic Districts Board.
The certificate of appropriateness required by this chapter shall be in addition to and
not in lieu of any building permit or other approval required by the Town Code of the
Town of Southampton.
The Landmarks and Historic District Board shall approve or deny, or approve with
modifications, the application within C~O 90 days from receipt of the completed
application. The Landmarks and Historic District Board may hold a public hearing on
the application, if the public hearing is held, public notice shall appear in the official
newspaper at least 10 days prior to the hearing, and information relative to the
public hearing shall be posted on the subject property by the applicant.
All decisions of the Landmarks and Historic District Board shall be in writing and filed
with the Town Clerk.
325. ~330-326. Hardship criteria.
A property owner seeking relief from landmark designation or inclusion in an historic
district or an applicant whose certificate of appropriateness for a proposed demolition
has been denied may apply for relief on the ground of hardship, in order to prove
the existence of hardship, the applicant shall establish that:
(1)
The applicant cannot realize a reasonable return, provided that lack of return
is substantial as demonstrated by competent financial evidence; and
(2)
The property cannot be adapted for any other use, whether by the current
owner or by a prospective purchaser, which would result in a reasonable
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Southampton Town Board - Letter Board Meeting of October 11, 2011
return; and
(3)
Efforts to find a purchaser interested in acquiring the property and preserving
it have failed; and
(4)
There is an absence of responsibility on behalf of the applicant for any neglect
of maintenance that may have contributed to the hardship; and
(5) Any difficulty asserted by the applicant is in no manner self-created.
An applicant whose certificate of appropriateness for a proposed alteration has been
denied may appeal for relief on the ground of hardship. Tn order to prove the
existence of hardship, the applicant shall establish that he cannot realize a
reasonable return, provided that lack of return is substantial as demonstrated by
competent financial evidence.
g ~ ~'~ ~330-325 Hardship application procedure
After receiving written notification of a proposed designation of property as either an
historic landmark or of its inclusion in an historic district or of the denial of a
certificate of appropriateness, an applicant may request hardship relief from the
Zoning Board of Appeals (the "Zoning Board"). No building permit or demolition
permit shall be issued unless the Zoning Board makes a finding that a hardship
exists.
The Zoning Board shall hold a public hearing on the hardship application, upon at
least 10 days' notice in the official Town newspaper.
The applicant shall consult in good faith with the Landmarks and Historic District
Board, local preservation groups and interested parties in a diligent effort to seek an
alternative that will result in preservation of the property.
All decisions of the Zoning Board shall be in writing and filed in the office of the Town
Clerk.
§330-327. Maintenance and repair required.
No owner or person with an interest in real property designated as a landmark or included
within an historic district shall permit the property to fall into a serious state of disrepair so
as to result in the deterioration of any exterior architectural feature which would, in the
judgment of the Landmarks and Historic Districts Board, produce a quantifiable detrimental
effect upon the character of the historic district as a whole or the life and character of the
property itself.
§330-328. Enforcement.
]t shall be the duty of the Building ]nspector to administer and enforce the provisions of this
article.
§330-329. Penalties for offenses.
Violations of this article shall be subject to the penalties and procedures set forth in §330-
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Southampton Town Board - Letter Board Meeting of October 11, 2011
186 of this chapter.
§330-330. Appeals.
A. Any person aggrieved by a decision of the Zoning Board of Appeals relating to
hardship may apply to the Supreme Court for review by a proceeding under Article
78 of the Civil Practice Law and Rules.
Any person aggrieved by any other decision of the Landmarks and Historic Districts
Board may apply to the Supreme Court for review by a proceeding under Article 78
of the Civil Practice Law and Rules.
§330-331. Hamlet Heritage Resource Areas.
Heritage resources are man-made objects at least 50 years old that are connected to
human activity. These resources could be any buildings used to house human or
animal activities, i.e., homes, sheds, garages, mills, barns, agricultural buildings,
offices, schools, churches, commercial and public-use buildings. Tt could be
structures such as bridges, canals, roads, docks, fences, monuments and sculptures.
Tt could also be burying grounds, trails, archaeological and commemorative or
historic sites. These resources, when grouped together, help convey the special
heritage of an area.
Hamlet Heritage Resource Area is an honorary title bestowed in recognition of the
special character of a neighborhood, hamlet or area. Tt honors the properties and the
community that has cherished its historic heritage. Properties selected as hamlet
heritage resources retain the same current Town rights, uses or regulations.
Properties selected as part of Hamlet Heritage Resource Areas are not designated as
Town landmarks or Town historic districts. The Hamlet Heritage Resource selection is
for honorary purposes only.
§330-332. Procedure and criteria for selection as heritage resource areas.
Any person, organization or board of the Town of Southampton may submit an
application to the Town Clerk to nominate a man-made object or group of Historic
Resources for selection as a Hamlet Heritage Resource Area.
Copies of the application shall be forwarded by the Town Clerk to the Department of
Land Management, and the Landmarks and Historic Districts Board for review. Upon
a determination of completeness by the Landmarks Board, the Department of Land
Management and the Landmarks and Historic Districts Board shall submit an
advisory report to the Town Board.
Tn its advisory report to the Town Board, the following criteria will be considered for
selection of a Hamlet Heritage Resource Area by the Landmarks and Historic Districts
Boa rd:
(1) Date of the heritage resource.
(2) The building style of the structure.
(3) Compatibility of additions and alterations to the original structure.
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Southampton Town Board - Letter Board Meeting of October 11, 2011
(4) Association of the heritage resource with a significant architect or builder.
(5) Association of the heritage resource with a prominent person.
The Town Board may schedule a public hearing on the proposed nomination of a
Hamlet Heritage Resource Area or publish a notice of complete application and
written comment period. A public hearing is not required.
Upon receipt of the Landmarks and Historic Districts Board's advisory report, the
Town Board may consider a resolution approving the site selection as a Hamlet
Heritage Resource Area.
Upon selection as a Hamlet Heritage Resource Area, the description and the location
of the man-made object or group of historic resources so selected as a Hamlet
Heritage Resource Area shall be listed in a directory entitled "Heritage Resource
Areas" to be maintained by the Landmarks and Historic Districts Board. Said
directory shall be maintained on file in the Department of Land Management and the
office of the Town Clerk.
SECTION 3. Authority.
The proposed local law is enacted pursuant to Town Law §265(2) and Municipal Home Rule
Law §10(1)(ii)(a)(12) and §10(1)(ii)(a)(14).
SECTION 4. Severability.
Tf any section or subsection, paragraph, clause, phrase, or provision of this law shall be
judged invalid or held unconstitutional by any court of competent jurisdiction, any judgment
made thereby shall not affect the validity of this law as a whole or any part thereof other
than the part or provision so adjudged to be invalid or unconstitutional.
SECTION 5. Effective Date.
This Local Law shall take effect upon filing with the Secretary of State pursuant to Municipal
Home Rule Law.
AND BE TT FURTHER RESOLVED, that the Town Clerk is hereby directed to publish the
following Notice of Adoption:
NOTICE OF ADOPTION
TAKE NOTTCE that, after a public hearing was held by the Town Board of the Town of
Southampton on September 27, 2011, the Town Board, at their meeting of October 11,
2011, adopted LOCAL LAW NO. 33 OF 2011, as follows: "A LOCAL LAW amending Article
XXVTTT (Landmarks and Historic Districts and Heritage Resource Areas) of the Southampton
Town Code to Revise the Criteria for a Town Landmark Designation and the Procedure for
the Designation of Town Historic Districts."
Copies of the proposed law, sponsored by Councilwoman Nancy Graboski and Councilwoman
Bridget Fleming, are on file in the Town Clerk's Office, Monday through Friday, from 8:30
a.m. to 4:00 p.m.
BY ORDER OF THE TOWN BOARD
TOWN OF SOUTHAMPTON, NEW YORK
SUNDY A. SCHERMEYER, TOWN CLERK
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Southampton Town Board - Letter Board Meeting of October 11, 2011
Fiscal Tmpact:
None
COMMENTS - Current Meeting:
the Town Board members engaged in discussion regarding this resolution.
RESULT: ADOPTED [4 TO O]
MOVER: Nancy Graboski, Councilwoman
SECONDER: Bridget Fleming, Councilwoman
AYES: Anna Throne-Hoist, Nancy Graboski, Bridget Fleming, Chris Nuzzi
ABSTAIN: ]ames Malone
Generated 10/13/2011 Page 14