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NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of
Southold, Suffolk County, New York, on the 27th day of March 2001, a Local law entitled "A LOCAL
to establish a Historic Preservation Law in the Town of Southold" and,
NOTICE IS FURTHER GIVEN that the Town Board of the Town of Southold will hold a public
..hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, and
hereby sets 7:30 p.m, Tuesday, May 8~ 2001~ as the time and nlace for a oublic hearine at which time all
interested persons will be heard.
~he proposed "A LOCAL LAW to establish a Historic Preservation Law in the Town of Southold" which
.includes the following:
LOCAL LAW NO. -2001
~ LOCAL LAW to establish a Historic Preservation Law in the Town of Southold
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Chapter 56 of the Code of the Town of Southold, designated Landmark Preservation and originally adopted by
the Town Board of the Town of Southold.on January 18, 1983, as Local Law 1 of 1983, is hereby repealed in its
entirety and the following Historic Preservation Law, to be known as Chapter 56 of the Code of the Town of
Southold, be and hereby is enacted in its place and stead:
Section 56-1 Short Title
This chapter shall be known and may be cited as the "Historic Preservation Law of Southold
Town".
Section 56-2 Purpose
The Town Board hereby declares as a matter of public policy that the protection, enhancement, and perpetuation
~f landmarks and historic districts is necessary to promote the economic, cultural, educational, and general
~elfare of the public. Inasmuch as the identity of a people is founded on its past, and inasmuch as Southold
-Town has many significant historic, architectural, and cultural resources which constitute its heritage, this act is
,~,'latended to:
· (d) protect and enhance the landmarks and historic districts which represent distinctive elements of
,:~ Southold's historic, architectural, and cultural heritage;
~' (e) foster civic pride in the accomplishments of the past;
( (f) protect and enhance Southold's attractiveness to visitors and the support and stimulus to the
economy hereby provided; and
(e) insure the harmonious, orderly, and efficient growth and development of the town.
Section 56-3 Historic Preservation Commission
There is hereby created a commission to be known as the Town of Southold Historic Preservation Commission.
(h) The commission shall consist of 7 members to be appointed, to the extent available in the
community, by the Town Board as follows:
At least one shall be an architect experienced in working with historic buildings;
At least one shall be a resident of an historic district
At least one shall have demonstrated significant interest in and commitment to the field of historic
preservation evidenced by either involvement in a local historic preservation group, employment or
voluntary activity in the field of historic preservation, or other serious interest in the field; and
All members shall have a known interest in historic preservation and architectural development
within the Town of Southold.
(i) Commission members shall serve for a term of four years, with the exception of the initial term of
one of the members which shall be for one year, two which shall be for two years, and two which
shall be for three years. (see attached schedule A)
(j) The chair and the vice chair of the commission shall be elected by and from among the members of
the commission.
(k) The powers of the commission shall include:
(i) employment of staff and professional consultants as necessary to carry out the duties of
the commission;
(ii) promulgation of rules and regulations as necessary for the conduct of its business
(iii) adoption of criteria for the delineation of historic district
(iv) conduct of surveys of significant historic, architectural, and cultural landmarks and
3/27/01 17
(ix) approval or disapproval of applications for certificates of
appropriateness pursuant to this act.
(1) The commission shall meet at least monthly, but meeting may be held at any time on the written
request of any two of the commission members or on the call of the chair or the supervisor.
(m)A quorum for the transaction of business shall consist of 4 of the commission's members, but not
less than a majority of the full authorized membership may grant or deny a certificate of
appropriateness.
(n) All members shall attend and complete relevant training programs as the Town Board
may require.
Section 56-4 Itistoric District Review Board
The Town Board, upon the recommendation of the commission, shall establish a review board for each
approved historic district.
The review board shall consist of 3 members to be appointed, to the extent available in the community, from a
list provided by local historic district preservation organization.
(c) Review Board members shall serve for a term of four years, with the exception of the initial term of
one of the members which shall be for two years. (see attached schedule B)
(d) The duties of the review board shall include:
(i) adoption of criteria for appropriateness for all landmarks and structures within the local
historic district;
(ii) making recommendations to the Historic Preservation Commission concerning the
utilization of state, federal or private funds to promote the preservation of landmarks and
structures within the local historic district;
(iii) recommending acquisition of a landmark structure by the town government where its
preservation is essential to the purposes of this act and where private preservation is not
feasible; and
(iv) recommending approval or disapproval of applications for certificates of appropriateness
pursuant to this act.
Section 56-5 Designation of ltistorle l)istriets or Landmarks
(c) The commission may recommend a group of properties as a historic district to the Town Board for
designation if the group:
(i) contains properties which meet one or more of the criteria for designation as a landmark;
and
(ii) by reason of possessing such qualities, constitutes a distinct section of the town.
(d) The commission may recommend to the Town Board the designation of an individual property as a
landmark if it:
(i) possesses special characteristics or historic or aesthetic interest or value as
part of the cultural, political, economic, or social history of the locality, region, state, or
nation; or
(ii) is identified with historic personages; or
(iii) embodies the distinguishing characteristics of an architectural style; or
(iv) is the work of a designer whose work has significantly influenced an age; or
(v) because of its unique location or singular physical characteristic, represents an
established and familiar visual feature of the neighborhood.
(c) The commission may recommend to the Town Board the recognition of a historic district that has
been so designated by the state or federal government.
The boundaries of each historic district designated henceforth shall be specified in detail and shall be flied, in
in the town clerk's office for public inspection.
(d) Notice of a proposed designation shall be sent by registered mail to the owner of the property
proposed for designation, describing the property and announcing a public heating by the commission
to consider the designation. Notice of a proposed designation shall also be by publication at least once in
a newspaper of general circulation at least 14 days prior to the date of the public hearing. Once the
commission has issued notice of a proposed designation, no building permits for construction or
demolition shall be issued by the building inspector until the Town Board has made its decision.
3/27/01 18
(c) In the specific case where the property or landmark is located on the waterfront, the
watershed is considered a public right of way and the aspect of the property or landmark visible from
the watershed is subject to the aforementioned requirement.
(d) In the specific case where the property or landmark is located on a comer, all aspects of the property
or landmark visible from the public right of way are subject to the aforementioned requirement to
obtain a certificate of appropriateness before carrying out any exterior alteration, restoration,
reconstruction, demolition, new construction, or moving of the landmark or property.
Section 56-7 Criteria for Approval of a Certificate of Appropriateness
(a) In passing upon an application for a certificate of appropriateness, the historic preservation commission
shall not consider changes to interior spaces, unless they are open to the public. The commission's decision
,. shall be based on the following principles:
(iv) properties which contribute to the character if the historic district shall be retained, with their
historic features altered as little as possible.
(v) Any alteration of existing properties shall be compatible with its historical character, as well
as with the surrounding district; and
'~ (vi) New construction shall be compatible with the district in which it is located.
(b) In applying the principle of compatibility, the commission shall consider the following factors:
(vi) the general design, character, and appropriateness to the property of the proposed alteration or
new construction;
(vii) the scale or proposed alteration or new construction in relation to the property itself, surrounding
properties, and the neighborhood;
(viii) materials and their relation to similar features of other properties in the neighborhood;
(ix) visual compatibility with surrounding properties, including proportion of the property's front
faqade, proportion and arrangement of windows and other openings with the fagade, roof shape,
and the rhythm of spacing of properties on streets, including setbacks; and
(x) the importance of historic, architectural, or other features to the significance of the property.
geetion 56-8 Certificate of Appropriateness Application Procedure
(a) Prior to the commencement of any work requiring a certificate of appropriateness, the owner shall file an
application for such a certificate with the historic preservation commission. The application shall contain:
(vii) name, address, and telephone number of applicant;
(viii) location of property and photographs of the property;
(ix) elevation drawings of proposed changes, if available,
(x) perspective drawings, including relationship to adjacent properties, if available;
(xi) samples of materials to be used;
(xii) where the proposal includes signs or lettering, a scale drawing showing the type
of lettering to be used, all dimensions and colors, a description of materials to be
used, method of illumination, and a plan showing the signs location on the
property; and
(vii) any other information which the commission may deem necessary in order to
visualize the proposed work.
(b) No building permit for construction or demolition shall be issued for such proposed work until a certificate
~.: of appropriateness has first been issued by the historic preservation commission. The certificate of
t:~ appropriateness required by this act shall be in addition to and not in lieu of any building permit that may be
required by any other ordinance of the Town of Southold.
(c) The commission shall approve, deny, or approve the permit with modifications within 21 days from receipt
of the completed application. If there has been no notification of approval, denial or approval with
modifications, by the end of the 21~t day, said permit shall be deemed approved. The commission may hold
a public hearing on the application at which an opportunity will be provided for proponents and opponents
of the application to present their views.
(d) All decisions of the commission shall be in writing. A copy shall be sent to the applicant by registered mail
and a copy filed with the town clerk's office for public inspection. The commission's decision shall state the
reason for denying or modifying any application.
(e) Certificates of appropriateness shall be valid for 18 months, after which time the owner must reapply if
3/27/01 19
Section 56-11 Hardship Application Procedure
(a) After receiving written notification from the commission of the denial of a certificate of appropriateness, an
applicant my commence the hardship process. No building permit or demolition permit shall be issued
unless the commission makes a finding that a hardship exists.
(b) The commission may hold a public hearing on the hardship application at which an opportunity will be
provided for proponents and opponents of the application to present their views.
(el The applicant shall consult in good faith with the commission, local preservation groups, and interested
parties in a diligent effort to seek an alternative that will result in the preservation of the property.
rd) All decisions of the commission shall be in writing. A copy shall be sent to the applicant by registered mail
and a copy filed with the town clerk's office for public inspection. The commission's decision shall state the
reasons for granting or denying the hardship application. If the application is granted, the commission shall
approve only such work as is necessary to alleviate the hardship.
Section 56-12 Enforcement
All work performed pursuant to a certificate of appropriateness issued under this ordinance shall conform to any
requirements included herein. It shall be the duty of the building code enforcement officer to periodically
inspect any such work to assure compliance. In the event work is found that is not being performed in
accordance with the certificate of appropriateness, or upon notification of such fact by the historic preservation
commission, the building code enforcement officer shall issue a stop work order and all work shall immediately
cease. No further work shall be undertaken on the project as long as a stop work order is in effect.
Section 56-13 Maintenance and Repair required
Nothing in this ordinance shall be construed to prevent the ordinary maintenance and repair of any exterior
architectural feature of a landmark or property within a historic district which does not involve a change in
ff~sign, material, or outward appearance. No owner or person with an interest in real property designated as a
~,andmark or included within an historic district shall permit the property to fall into a serious state of disrepair
O~hich would result in the deterioration of any exterior architecture; feature which would, in the judgment of the
historic preservation commission, produce a detrimental effect upon the character of the historic district as a
whole or the life and character of the property itsel£ Examples of such deterioration include:
(g) deterioration of exterior walls or other vertical supports;
,,(h) deterioration of roofs or other horizontal members;
(i) deterioration of exterior chimneys;
(j) deterioration or crumbling of exterior stucco or mortar;
(k) ineffective waterproofing of exterior walls, roofs, or foundations, including broken windows or doors;
and
(1) deterioration of any feature so as to create a hazardous condition which could lead to the claim that
demolition is necessary for the public safety.
Section 56-14 Violations
(c) Failure to comply with any of the provisions of this ordinance shall be deemed a violation and the
violator shall be liable to a fine of not less than $250 nor more than $1000 for each day the violation
continues.
:'~ (d) Any person who demolishes, alters, constructs, or permits a designated property to fall into a serious
!, state of disrepair in violation of this ordinance shall be required to restore the property and its site to its
appearance prior to the violation. Any action to enforce this subsection shall be brought by the town
attorney. This civil remedy shall be in addition to an not in lieu of any criminal prosecution and penalty.
Section 56-15 Appeals
Any person aggrieved by a designation decision by the Town Board or a decision of the historic preservation
commission relating to a hardship or a certificate of appropriateness may, within 45 days of the decision, file a
lwritten application with the Town Board for review of the decision. Reviews shall be conducted and based on
the same record that was before the Town Board or commission and using the same criteria.
Section 56-16 Severability.
The provisions of this Law are severable. In any provision of this local law or its application to any person or
circumstance is held invalid, said invalidity shall not affect any other provision or application of this local law
which can be given effect without the invalid provision or application of the local law.
Section 56-17 When effective.
3/27/01
~¥ear
1
New Members
3
3
I 2
2+1
2 1
1+2
Repeat
Old Members
2O
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice
Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#295
Moved by Justice Evans, seconded by Councilman Murphy,
NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of
~.outhold, Suffolk County, New York, on the 27th day of March 2001, a Local law entitled "A Local Law in
~elation to Chapter 85 (Taxation), Article V, Tax Exemption for alterations and rehabilitation of
~istorical property in the Town of Southold" and,
, NOTICE IS FURTItER GIVEN that the Town Board of the Town of Southold will hold a public
~earing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Roa.d: South. old, New York, and
.~ereb¥ sets 7:32 p.m, Tuesday, May 8, 2001~ as the time and place for a pubhe hearing at which' time' all
~terested persons will be h.eard.
The proposed Local Law m relation to Chapter 85 (Taxation), "Article V, Tax Exemption for alterations
a. nd rehabilitation of historical property in the Town of Southold" which includes the following:
: LOCAL LAW NO. - 2001
Local Law in relation to Chapter 85 (Taxation), Article V, "Tax Exemption for alterations and
rehabilitation of historical property" in the Town of Southold
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
L Chapter 85 (Taxation)
Article V Tax Exemption for alterations and rehabilitation of historical
property in the Town of Southold
~, 85-10 Exemption for alteration and rehabilitation of historic property.
· A. Amount of Exemption.
(1) I-Iistofic property shall be exempt from taxation to the extent of any increase in value attributable
to such alteration or rehabilitation pursuant to the following schedule:
§ 85-11 Conditions
Year of Exemption percent of exemption
1 100
2 100
3 100
4 100
5 100
6 80
7 60
8 40
9 20
10 0
such exemptions shall be granted for such alterations or rehabilitation unless:
A. Such property has been designated as a landmark, or is a property that contributes to the character of an
historic district, created by a local law passed pursuant to section ninety-six-a or one hundred nlneteen-
dd of the general municipal law;
B. Alterations or rehabilitation must be made for means of historic preservation;
C. Such alterations or rehabilitation of historic property meet guidelines and review standards in the local