HomeMy WebLinkAboutLL-1983 #01 LOCAL LAW
NO. , 198
A Local Law id establish a Landmark preservation Commission and to prescribe
its duties. :
BE IT ENACTED by the Town Board of the Town of Southold as follows:
The Code of the Town o~'Southold is heFeby amended by adding thereto a new
Chapter to be Chapter 56 to read as follows:
Section 56-1. Short Title
.This chapter shall be known and may be cited as the '~andmark
Preservation Law of Southold Town".
section 56-2. Declaration of Purpose and Policy
The Town Board finds there iexists in the Town of Southold structures
and buildings of historic or architectural significance, antiquity, uniqueness of
exterior design or construction, which should be conserved, protected and preserved
to preserve the architectural character of Southold Town. contribute to the aesthetic
value of the Town, and.promote the general; good, 'welfare, health and safety of the
To~n and its residents. Therefore, it is the purpose and policy of this chapter to
establish a Landmark Preservation Commission and Procedures which it can
follow to assist Southold Town owners of buildings and structures in order to con-
Serve, protect and preserve such structures and buildings thereby preserving the
unique character of Southold Town which will substantially improve property and
commercial values in the Town and make its hamlets e~ren better places in which
to live.
Section 5 6-3. Definitions
As used in this Chapter, the following terms shall have the meanings
indicated:
COMMISSION - The Landmark Preservation Commission established
pursuant to this Chapter.
EXTERIOR ARCHITECTURAL FEATURES - The architectural style,
design, general arrangement' and componentJs of alt of the outer surfaces of any
building or structure.
HISTORICAL SIGNIFICANCE:- The quality of a building' or structure
based upon its identification with historic persons or events, in the Town of Southold.
ARCHITECTURAL SIGNIFICANCE - The quality of a building or
structure based on its date of erection, styl~ and scarcity of same, quality of
design, present condition and appearance orlother characteristics that embody the
distir~ctive characteristics of a type, period,I or method of construction.
LANDMARK - Any structure ~r building which has historical or
LANDMARK DESIGNATION - ~The designation of a Landmark pursuant
to the provisions of this Chapter.
STI~UCT'URE - Any assembly of materials, forming a construction
framed of component structural parts for 'occupancy or use, including buildings.
Section 56-4. Landmark Preservation Commission
A.' There is hereby created a Landmark Preservation Commission
which shall consist of five members to be appointed by the Town Board, to serve
without compensation.
]3. The term of office of each mere§er appointed to said CommiSsion
shall be two (2) years, provided, however, that of those members first appointed,
three (3) shall be appointed for one (1) year. and two (2) shall be appointed for
two (2) years. If a vacancy occurs other than by expiration of a term, it shall be
filled by the Town Board by-appointment for the unexpired term.
C. Meetixugs of the Commission shall be open to the public. Meetings
of the Commission shall be held at such times as the Commission may.. determine,
or at the call of the Chairman, or at the request of two members. Three members
of the Commission shall conslilute a quorum for' the iransacti0n of business. The
Commission shall keep written minutes of its meetings, showing the vote of each
member upon all questions voted upon, and such minutes, together with all records
of the Commission shall be promptly filed With the Town Clerk.
D. The'Commission may appoint from its members, a Chairman,
and a secretary, each of whon~ shall serve for a term of one year, or until their
successors are appointed.
E, The Commission may incur such expenses in the perfronaance
of its duties as may be authorized and appropriated by the Town Board.
Section 56-5. Duties of Commission
The Commission shall perform the following duties and functions:
A. Encourage the'preservation of Landmarks through educational
activities.
B. Recommend buildings and structures [o the Town Board for
landmark designation in accordance with the provisions of Section 56-6 hereof.
C. Review, amd where appropriate .gi~;e advisory recommendations
with respect to all applications for building permits..inv01ving alterations of the
exterior of designated landmarks in accordance with the procedures set forth in
Section 56-7 hereof. .
D. Cooperate with civic and professional organizations interested
in landmark preservation.
E. Offer advice and suggestions to or at the request of owners or
the Town Board to implement the purposes 0f this chapter.
F. Promote a~d encourage historic awareness and JudiCious concern
for designated landmarks,
Section 56-6. Landmark Designation
A. Selection of buildings and structures for landmark designation
shall be determined on the basis of historical and/or architectural significance.
-2-
B. In considering buildings and structures for possible landmark
designation, the Commission shall comply with the following procedure, to wit:
1; Prior to recommending to the Town Board that a building
or structure be designated as a landmark, the Commission shall give written notice
to the owner of the property, as shown on the last completed town assessment roll,
that the Commission is considering recommending to the Town Board that the
building or structure be designated as a designated landmark. Such notice shall be
sent by ccr~ificd mail.~ l~,,t-dJ."n receipt requ2sted. Such i%otice shall request that
the o~vner consent to such designation by signing and returning the form of consent
enclosed with the notice. Such notice shall also indicate that if the owner 'objects
to such designation, or desires further information, the owner may return' the form'
enclosed with the notice, which requests that the owner and/or representative seeks
~ meeting with the Commission within thirty (30) days from the receipt of such
request by the Commissioner.
2. The Commission may not proceed to make its reDommenda- ' "
tion unless one (1) of the following conditions are met, to wit:
(a) The owner consents in writing to such designation; or
(b) The owner, within thirty (30) days from the receipt of
notice specified in Section 56-6, B-l, has failed to notify the Commission of his
objection to such designation, or failed to request a meeting with the Commissioner;
or "
(c) A member of the Commission has personally met with all
of the owners of the property being considered for designatione and has fully
explained all aspects of designation and the consequences thai will result from such
d e s i gnation.
3. When the Town Board receives a recommendation from the
Commission that a building or structure be designated 'as a landmark, the Town
Clerk shall give written notice thereof to the owner of the property, stating the
time and place when the Town Board will meet to con'sider the question of the land-
mark designation of such building or structure. Such notice shall also state that
the owner shall be given an opportunity to be heard at suck meeting.
C. The designation of property as a designated landmark by the
Town Board, pursuant to the provisions of this chapter, shall not impose any obliga-
tion or responsibility upon the owners thereof, nor shall such designation in any
manner restrict or limit the use, development, repair, ·maintenance, alteration or
modification of the property by the owners thereof.
D. The designation of property, as a designated landmark by the
To~zn Board, pursuant to the provisions of this chapter shall not become effective
until such property is entered in the Register of Designated Landmarks and filed
with the Town Clerk.
Section 56-7. Reveiw of Building Permit Applications
A. Every application for a building permit for the reconstruction or
alteration of or addition to a designated landmark shall be referred b,~ the Building
Inspector to the Commission for its comments and recommendations. No building
permit shall be issued until the Commission has filed its written comments and
recommendations with the Building Inspector, and mailed a copy thereof to the
applicant, or the passage of fourteen (14) days from the date of referral, whichever
shall first occur.
-3-
B. The application for a building permit shall not be deemed com-
plete until the Commission has filed its written comments and recommendations,
or the passage of fourteen (14) days from the date of referral of the Building Permit
application to the Commission, whichever shall firsi occur.
C. In revie%ving an application for a building permit referred to it,
the Commission shall consider the effect that the contemplated work will have on
the exterior architectural features of th~ designated landm'ark. If the Commiss_iort
recommends modification in the contemplated-woz k, m ord'er to preserve the ~rchi-
tectual features of the struct~tre, it sha~l suggest such modifications as' will min-
in~ize the costs, time and inconvenience: to the Owner'.
· ' D. In reviewing an application for a building permit, 'the Commis-
~ion shall consider only the exterior arqhitectural features of the building or
structure.
E. The cotangents and ~ecommendations of the Commission with
respect to building permit applications ~'e£erred to it pursuant to this section, ' shall.
be deemed advisory only. The owner's ~ejection of or refusal to comply with such
comn%ents and recommendations shall n6t delay or in any way impede the otherwise
fa'¢orable action on the issuance of a building permit.
F. Nothing contained in this chapter shall be deeme'd to prevent
the ordinary and necessary maintenance and repair of any exterior architectual
features of a designated landmark' whichi does not involute a significant change in
design, material or outward appearance thereof.
Section 56-8. Termination of Landmark Designation
Whenever a designated landmark is destroyed or its exterior is
altered to such an extent that it ceases to have 'architectaral significance, the
Town Board may, by resolution, direct that it be removed from the Register of
Designated Landmarks. Prior to taking! such action, however, the owner shall be
given written noticecf such proposed action, and shall be given an opportunity to
appear before the Town Board and be heard thereon.
Section 56-9. Se vet ability
Each of the foregoing provisions of this chapter has been adopted in
an endeavor to preserve and extend the public welfare by preserving the character-
istics of historic and/or architecturally ;significant structures or districts. In the
event that any portion of this chapter shall be determined invalid, such determin-
ation shall not affect or result in the invalidity of any other provision contained in
this chapter.
Section 56-10. Effective Date
This Local Law shall take effect immediately.
-4-
.... ETATEOF NEW YORK·
OFFICE OF THE STATE COMPTROLLER
NEW YORK
May R3,
5'1"AT E COMPTROLLER
Rob.,~rt Task~.~r, TownuAttornay
Town of Soutno)_c' -'
Gr'~enport~ ~IY llghh
Dear Sir/Madam: "'
~ is to advise that. Loca/ L~w(s) No. ___
for the __'~,'own of.~outho!c~
011 ~__
of
- -- was reccwed and z-d~d
~-~-truly you r~"--....,.
Associate Attorney
Charters Unit
KRP:d:d
cc: Secretary of State
(Please Use this Form. for Filing your Local Law with the Secretary of State)
Text of law should be given as amended. Do not include matter being
eliminated and do not use italics or underlining to indicate new matter.
~K~ of Southold
Wowil
Local Law No .......... .1. ............................................ of the year 19 83
to establish a Landmark preservation Commission and to prescrlbe
A local law "lI§'"8i;Fc'r~'§ ........................................ ii'~/~/iiii;i ...............................................................................................
Be it enacted by the Town Board of the
(N~me o~ L~i~l~i.* BodT)
~x . Southold
ot ............. :.....:2...L:...: ........................................................................................................................... as follows:
Town
Section 56-1. Short Title
This chapter shall be known and may be cited as the "Landmark
Preservation Law of Southold Town".
Section 56-2. Declaration of Purpose and Policy
The Town Board finds there exists in the Town of Southold structures
and buildings of historic or architectural significance, anliquity, uniqueness of
exterior design or construction, which should be conserved, protected and preserved
to preserve the architectural character of Southold Town, contribute to the aesthetic
value of the Town, and promote the general good, welfare, health and safety of the
Town and its residents. Therefore, it is the purpose and policy of this chapter to
establish a Landmark Preservation Commission and procedures which it can
follow to assistSouthold Town owners of buildings and structures in order to con-
serve, protect and preserve such structures and buildLngs thereby preserving the
unique character of Souihold Town which will substantially improve property and
commercial values in the Town and make its hamlets even better places in which
to live.
Section 56-3.
indicated:
De finitio n s
COMMlqSION - The l~andmark Preservation (:ommisslon
pursuant to this Chapter.
bgXTEl~Ot~ ARCHI t~C i'UI~AL FEATUR1);S - The architectur:[1 style,
design, general arrangement and components of all of the outer surfaces or any
building or structure.
additional s?ace is needed, please attach sheets of the same size as this and number each)'"~
Page I
HISTORICAL SIGNIFICANCE - The quality of a building' or structure
based upon its identification with historic persons or events in the Town of Southold.
ARCHITECTURAL SIGNIFICANCE - The quality of a building or
structure based on its date of erection, style and scarcity of same, quality of
design, present condition and appearance or other characteristics that embody the
distinctive characteristics of a type, period, or method of construction.
LANDMARK - Any structure or building which has historical or
architectural significance.
LANDMARK DESIGNATION - The designation of a Landmark pursuant
to the provisions of this Chapter.
STRUCTURE - Any assembly of materials, forming a construction
framed of component structural parts for occupancy or use, including buildh~gs.'
Section 56-4. Landmark Preservation Commission
A. There is hereby created a Landmark Preservation Commission
whidh shall consist of five members to be appointed by the Town Board, to serve
without compensation.
B. The term of office of each member appointed to sai~ Commission
shall be two (2) years, provided, however, that of those members first ~ppointed,
three (3) shall be appointed for one (1) year, and two (2) shall be appointed for
two (2) years· If a vacancy occurs other than by expiration of a term, it shall be
filled by the Town Board by appointment for the unexpired term.
C. Meetings of the Commission shall be open to the public. Meetings
of the Commission shall be held at such times as the Commission may determine,
or at the call of the Chairman, or at the request of two members · Three members
of the Commission shall constitute a quorum for the transaction of business. The
Commission shall keep written minutes of its meetings, showing the vote of each
member upon all questions voted upon, and such minutes, together with all records
of the Commission shall be promptly filed with the Town Clerk.
D. The Commission may appoint from its members, a Chairman,
and a secretary, each of whom shall ser~e for a term of one year, or until their
successors are appointed.
E. The Commission may incur such expenses in the perfromance
of its duties as may be authorized and appropriated by the Town 'Board.
Section 56-5. Duties of Commission
The Commission shall perform the following duties and functions:
A. Encourage the preservation of Landmarks through educational
activities.
Il. Recommend buildings and structures to the Town Board
lmldmark designation in accordance with the provisions of Section 56-6
C. Review. and where appropriate give advisory recon'-~,mdutions
with respect, to all applications ['or buildi~'~g permits it,volwug alterations ~fi' thc
e~erior' of desilmatcd [alldi~apkfi in accordance with ' he pr~cedur~y: ~t f~>vih l~,
Section 56-7 hereof.
L). Coopera~c with civic and professional organizations intc'r.,sted
in landmark preservati(m.
[~. Offer advice and suggestions to or at the requesi of owncr.s or
the Town Board to impteme,~t the purposes of this chap';er.
F. Promote and encourage historic awau'eness and judicious concern
for designated landmarks.
-2-
Section 56-6,
Landmark Designation
A. Selection of buildings and structures for landmark designation
shall be determined on the basis of historical and/or archi~ec~uz-ai significance.
B. In considering buildings and structures for possible landmark
designation, the Commission shall cornply with the following procedure, to wit:
1. Prior to recommending to the Town Board that a building
or structure be designated.as a landmark, the Commission shall give written notice
to the owner of the property, as shown on the last completed town assessment rotl~
that the Commission is considering recommending to the Town Board that the
building or structure be designated as a designated landmark. Such notice shall be
- sent by certified mail, return receipt requested. Such notice shall req~st'~hat ~'
the owner consent to such designation by signing and returning the form of consent
enclosed with the notice. Such notice shall also indicate thai if the owner objects
to such designation, or desires further information, the owner may return the form
enclosed with the notice, which requests thai the owner and/or representative seeks
a meeting with the Commission within thirty (30) days from the receipt of such
request by the Commissioner.
2. The Commission may not proceed to make its rec'ommenda-
tion unless one (1) of the following conditions are met, to wi/:
(a) The owner consents in writing to such designation; or
(b) The owner, within thirty (30) days from the receipt of
notice specified in Section 56-6, B-l, has failed to notify the Commission of his
objection ~o such designation, or failed to request a meeting with the Commissioner;
or
(e) A member of the Commission has personally met with all
of the owners of the property being considered for designation, and has fully
explained all aspects of designation and the consequences that will result from such
de signation.
3. When the Town Board receives a recommendation from the
Commission that a building or structure be designated as a landmark, the Town
Clerk shall glue written notice thereof to the owner of the property, stating the
time and place when the Town Board will meet to consider the question of the land-
mark designation of such building or structure. Such notice shall also state [hat
the owner shall be given an opportunity to be heard at such meeting.
C. The designation of property as a designated landmark by the
~Town Board, pursuant to the provisions of this chapter, shall no~ impose any_ obliga-
tion or responsibility upon the owners thereof, nor shall such designation in any
manner restrict or limit the use, development, repair, maintenance, alteration or
modification of the property by the owners thereof.
D. The designation of property, as a designated landmark by the
Town Board, pursuant to the prmrisions of this chapter shall not become effective
until such property is enzered in the Register of Designated Landmarks and filed
with the Town Clerk.
Section 56-7. Rcw?i.w of Building Permit Applications
A. Every applicati(m for a building pcrm[[ fr,r th,:
atterathm of or addition re a designated landmark shall bc r(:f(.'rred by the Buildina
Inspector to the Commission for its comments and recomrncndat[on.~. No but.]ding
permit shall be issued until the Commission has filed its written corem(mis and
recommendations with the Building Inspector, and mailed a copy thereof to
applicant, or the passage of fourteen (14) clays from the date of ref~.rral, whichever
shall first occur.
-3-
B. The application for a building permit shall not be deemed com-
plete until the Commission has fi]ed its written comments and recommendations,
or the passage of fourteen (14) days from the date of referral of the Building Permit
application to the Commission, Whichever shall first occur.
C. In reviewing an application for a building permit referred to it,
the Commission shall consider the effect that the contempl'ated work will have on
the exterior archiiectural features of the designated landmark. If the Commission
recommends modification in the contemplated work, in order to preserve the archi-
tectual~feaiures of i~ structure, it shall ~'uggest such modifications as will mtn- ~
imize the costs, time and inconvenience to /he owner.
D. In reviewing an application for a building permit, the Commis-
sion shall consider only the exterior architectural features of the building or
structure.
E. The comments and recommendations of/he Commission with
respect to building permit applications referred to it pursuant to this section, shall
be deemed advisory only. The owner's rejection of or refusal to comply with such
comments and recommendations shall not delay or in any way impede the otherwise
favorable action on the issuance of a building permit.
F. Nothing contained in this chapter shall be deemed to pre~-ent
the ordinary and necessary maintenance and repair of any exterior architectual
features of a designated landmark which does not involve a significant change in
design, material or outward appearance thereof.
Section 56-8. Termination of Landmark Designation
Whenever a designated landmark is destroyed or its exterior is
altered to such an extent that it ceases to have architectural significance, the
Town Board may, by resolution, direct that it be removed from the Register of
Designated Landmarks. Prior to taking suoh action, however, the owner shall be
given written notice~f such proposed action, and shall be given an opportunity to
appear before the Town Board and be heard thereon.
Section 56-9. Sever abitity
Each of the foregoing provisions of this chapter has been adopted in
an endeavor to preserve and extend the public welfare by preserving the character-
istics of historic and/or architecturally significant structures or districts. In the
event that any portion of'this chapter shall be determined invalid, such determin-
ation shall not affect or result in the invalidity of any other provisi°n contained in
this chapter.
Section 56-10. Effective Date
This Local Law shall take effect immediately.
-4-
(Complete thc ccrtification in the paragraph which applies to tbe filing of this local law and strike out the
mattcr therein ~¥hich is not applicable.)
,'Final ad,etlon by local legislative body only.)
! i983
I hereby certify that thelocal law annexed hereto, designated as ioca] law No ......... ~ ......... of ......
of (tie ~i~yrx of Southold Town Board
Town ..................................... was duly passed by the ..................................................................................
.~'/~i.~L~ (Name of I,egislatit'e Body)
(,n .._...J.~.n...u..a...r...Y....1...8: ................. 19..8...3... in accordance with the appticsble provisions of law.
(Passage by local legislative hefty with approval or no disapproval by Elective Chief Executive Officer
or repassage after disapproval.)
[ hereby certify that the local law annexed hereto, designatedas [ocat law No ..................... of 19 ........
County
City
of the Town of .................................... was duly passed by the .................................................................................
(Name of Legislative Body)
Vi ltage
not disapproved
on ........... ....................................... 19 ........ and was approved by the .......................................................
repassed after disapproval Elective Chief Executive Officm' ~r
and was deemed dui}' adopted on ........................................................ 19 ........ , in accordance with the applicable
pmvisi,ms of law.
3. (Final adoption hy referendum.)
I hereby certify that the local law annexed hereto, designated as local law No ................... of 19 ..........
County
Cilv
t,l t}to T!~wu of ...................................... was duty passed by the ......................................................................................
(Name of Legislative Bod~)
Villugo
not disapproved
on ............................................. 19 ........ and was approved by the .................................................
repassed after disapproval Elective Chief li;xecutive Officer *'
on ................................................................. 19. ........ Such lo'al law was submi(ted to the people by reason of a
mandatoq' referendum,and received the affirmative yore of a majority of the qualified electors voting
t~ernn s.q~ve
general
thereon at the special election held on.~. .................................................. 19 ......... in accordance with the appli-
annual
cable provisions of law.
(Subject to permissive referendum,and final adoptfon because no valid petition filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as tocat law No ................... o, 19. .........
County
City
of the Towu o~ ...................................... was duly passed by the ................................................................................ on
(Ne. me of Legislative Body)
Village not disapproved
.................................................. 19 ....... and was approved by the ......................................................... on
repassed after di sa pprovat lqlvctive ~hief t.;xecutive ~'~ft'icer
............................................................ 19 ......... Such local law being subject to a permissive ref~'rendum and ao
valid petition roqut,stitqg such referendum having been filed, said h~cat law was deemed duly adrq,ted
...................................................................... 19 ....... ., ira accordance with the applicable pmvisi{n:s of law.
*Elective Chief Executive Officer means or indud~ the chief executive officer of a termly elected on a county-wide basi~
or, if lhere be none, the chairman of the county legislative body, the mayor of a city mr village or the ~upervisor of a town.
wh~'~ ~uch officer is ve~ted with power to approve or veto local law~ or ordinmae~,
Page 2
(City local law concerning Charter re;ision proposed by petition.)
I hereby certify that the toca[ law a nuexed hereto, designated as local law No ..................... of 19 ........
of the City of .......................................................................... having been submitted to referendum pursuant to the
provisions of § 36 . ~, . .
- § 37 of tae ,mmmpat llome Iqule Law. and having received the affirmative vote of a majority
special
of the qualified electors of such city voting thereon at the general election held on ..................................
................ 19 ............ 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 19 ....... of the
County of ......................................... State of New Ybrk, having been submitted to the Electors at the
General Election of November ........... 19 .......... , pursuant to s~tbdivisions 5 and 7 of Section 33 of the Muni-
cipal 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 of a majority of tl~e 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.
Date:
January 19, 1983
~erk of the County legislative body, City, Townc~illag* Cl~rk o-~
offic.*t d~$ignated by local legislative body
Judith T. Terry, Town Clerk
(Seal)
(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 .....S...U....F...F....O...L....K.. ........................
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all
proper proceedings have been had or taken for the enactment of the local law annexed hereto.
Date: January 19, 1983
Robert W. Ta.qker, Town Attorney
:6iWx of Southold
Town
Page 3
PUBLIC HEARING
SOUTHOLD TOWN BOARD
DECEMBER 21, 1982
3:40 P. M.
IN THE MATTER OF A PROPOSED LOCAL LAW ENTITLED, "A LOCAL LAW TO
ESTABLISH A LANDMARK PRESERVATION COMMISSION AND TO PRESCRIBE
ITS DUTIES.
Supervisor William R. Pell, III
Councilman John J. Nickles
Councilman Lawrence Murdock, Jr.
Councilman Francis J. ~v~.urphy
Councilman Joseph L. Townsend, Jr.
Justice Raymond W. Edwards
* * *
Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
SUPERVISOR PELL: This is a public hearing on a proposed Local Law
entitled, "A Local Law to establish a Landmark Preservation Commission
and to Prescribe its duties." The legal notice shall be read by
Councilman Joseph L. Townsend.
COUNCILMAN TOWNSEND: "Public Notice is hereby given that there has
been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 23rd day of November, 1982, a Local Law,
entitled, "A Local Law to establish a Landmark Preservation Commission
and to Prescribe its duties" The purpose and policy of this Local
Law is as follows: The Town Board finds there exists in the Town
of Southold places, sites, structures 'and buildings of historic or
architectural significance, antiquity, or value by reason of being
representative of a style or period of extraordinary architectural
merit which should be conserved, protected and preserved to preserve
the architectural character of Southold Town, contribute to the
aesthetic value of the Town, and promote the general good, welfare,
health and safety of the Town and its residents. Therefore, it is
the purpose and policy of this chapter to establish a Landmark
Preservation Commission and procedures which it can follow to assist
and av±se Southold Town residents and landowners in order to conserve,
protect and preserve such places, sites, structures and buildings
thereby preserving the unique character of Southold Town which will
substantially improve property and commercial values in the Town and
make its villages and hamlets even better places in which to live.
Copies of said Local Law 'are available at the Office of the Town Clerk
to any interested persons during business hours. Notice is further
given that the Town Board'of the Town of Southo]d will hold a public
hearing on the aforesaid Local Law at the Southold Town Hall, Main
Road, Southold, New York, on the 21st day of December, 1982 at 3:40
o'clock P.~., at which time all interested persons will be heard.
Dated: November 23, 1982, Judith T. Terry, Town Clerk, Town of Southold."
Pa~e 2 - Public Heari'~ ...... - Local Law for Landmark ..... 'eservatlon Commission
We have an affidavit from The Traveler-Watchman and from The
Suffolk Times that it was posted in their papers. There is an
affidavit from the Town Clerk that the notice was duly posted on
the Town Clerk's Bulletin Board.
We have received some communication on this from the Greenport-
Southold Chamber of Commerce where they talk about a couple of
objections. The first one was sent November 22nd' to me: "Dear Joe:
The Directors of the C. of C. will meet on December 6th; the next
general meeting of the membership will be held on December'20th. At
both meetings I will urge the approval of the revised Landmark
Preservation Law with the following amendments: Section 56-6,
Paragraph B., Section 1 to read as follows: 1. Prior to recommending...
with the notice. Such notice shall also indicate that if the owner
objects to such designation, the owner may return the form indicating
such personal preference, hould the owner desire further information,
he/she may return the enclosed form requesting the Commission to meet
with him/her within thirty (30) days to provide more information.
Section 56-6, Paragraph B., Section 2, to read as follows: 2. The
Commission may not proceed to make its recommendation unless the owner
consents in writing to such designation. Section 56-9 - Delete
"districts" and replace with "buildings". The first two are made to
emphatically state that the decision is solely that of the owner,
without coercion from a governmental agency. If the Commission does
a proper job of educating the public-at-large, the owners will flock
to the Commission to avail themselves of all the tax and other benefits
available. The third amendment corrects a typing error. After the
meetings, I will contact you. Sincerely, John H. Berryman, President."
After the meeting he wrote the following letter saying basically
the'same thing except, "On December 13, 1982, the Directors of the
Chamber of Commerce reviewed the revised proposed law. The unanimously
voted for .the amendments stated in the letter to Mr. Townsend and the
spirit with which they were made. Tonight the revised local law will
be presented for discussion to the members present at the regular
monthly meeting." There is no comment subsequent to that time.
If I could discuss this just briefly. This is the second time
we've had a Landmark Commission Law presented to the public - a
proposed Landmark. After the last one the Town Board felt that
there was sufficient enough of comments and dissent to--or disagree-
ment, to justify the reformulating of the proposed law. To that end
I met with John Berryman who is the head of the Gr'eenport-Southold
Chamber of Commerce and came up with some changes. The changes
basically had to do with condensing the language, eliminating things
that were not necessary to the spirit of the law, narrowing the focus
of things. For instance, from trees and monuments and things to
buildings and structures. I discussed these revisions with Ken
Godfrey and he agreed that he thought it would still be tolerable
to his historical society and to the other historical societies.
He sent out requests for comments and I gather he has had none.
The one thing that we could not come to agreement with with the
Chamber of Commerce was the mandatory nature of it versus the
voluntary nature of it. That would come to when.the Town Board
eventually decides-~the Town Board is submitted a list of landmarks
from the Landmark Commission. The Chamber of Commerce feels that
the owner should voluntarily put their buildings up. I feel, and
as a proponent of this, that a landmark is a landmark and that since
the law puts no burden on the owner of that landmark, does not in
Page 3 - Public tteari~i ..... - Local Law for Landmark ~servation Commission
any way affect what he can do with his property. And since the intent
is to identify landmarks, not to give certain benefits for the owners
of those landmarks, although that happens to be a very positive side
effect of the ordinance, that it should be a mandatory procedure. We
did add to this provision one additional change--or two additional
changes~ one is that the Town Board now makes the actual designation
of landmarks, and two that there is a penalty. The only penalty of
this law is that if somebody decides to raze the building or to alter
a building that is not consistent with the nature of its original
construction or determined not to be consistent by the Landmark
Commission, the building can be removed from the landmark status.
So if an owner doesn't really want a landmark building and decides
to tear it down~ well then he will no longer have a landmark building.
And that's the only punishment under this, that's the only penalty
under this law. That's basically it.
SUPERVISOR PELL; Thank you. Anybody wish to speak in favor of the
proposed Local Law? (No response.) In opposition to? (No response.)
Any comment at all?
MR. KENNETH GODFREY, Orient~ New York~ I'd just like to say that
after Mr. Townsend's very able review o£ the situation that it seems
to me that my latest understanding is that if the Landmark Commission
is appointed~ but all initiative is taken away from itt that nothing
will ever happen. There must be room left somewhere or other for
somebody to make a motion which will get something started one way
or another. As far as the opposition is concerned~ as long as there
is a provision by which the owner of a proposed landmark can object
to the whole process~ it seems to me £hat all of the reservations
are very easily handled.
SUPERVISOR PELL~ Any other comments?
MR. WILLIAM SMITH, Southold, New York: I just want to thank Mr.
Townsend for his consideration and the committee for rewriting the
law. As a member of the Chamber of Commerce I met with Mr. Townsend
and Mr. Berryman and it seems very nice as far as I'm concerned.
COUNCILMAN TOWNSEND~ Thank you for the input, Bill.
SUPERVISOR PELL: Anybody else wish to be heard on the proposed Local
Law? (No response.) If not, I will'declare the hearing closed.
Judith T. Terry ~
Southold Town Clerk
?, '""':;':"LEGAL'NOTICE":" ~":
NOTICE OF PUBLIC '
HEARLNGON LOCAJ. LAW ·
PUBLIC NOTICE is hereb~
i~ ~wen that mere has been pre-I
sealed t,'~ the Toyota Board or'
i~ the Town of Southold, Suffolk .
!' County Nev~' York on the 23rd
' dav~ Of November,' 1982, a
Local Law, enhtled,
1,t Law to ~s[abhsh a Lezn~ark
i Preservation CommiS~a andr
,, to Preschbe ~ts dutw. S~' The ~
,. purpose ' and pohcy of '~ thts ,~
L, Local Law is as follows: The' "
Io%
h' Town Board' finds t~'6e6 exists
!' in the .Toxin of Southold
t; places, sites, structttres and
buildings of 'historic' or archi-
~I~', tectural .significance, anti-
'- quity, or value by reason of
Iii being representative of a style
L
ih,' or' period of extraordinary ar-
il chitectura4 merit whtch should
i be consen, gd. prptected and
presei've~ to preserve the
~' architectural character of
[' $outhold Town, contribute m
l~ the aesthetic va ue' of the
ti' '~' Tov~n, and promote the gener-
/i::',',al good welfare,' health and.,
ill "safety of the Tow, n' .and' its
i residents Therefore; it is the
I, purpone and pohc~'or th~s
i' ,:l',.',p~er r,:, e:tabhsh a Land
i,,~ rr,~k Pre.arxauon £ommts-
,' stun aaa pro¢¢.dures ~hich .
!',, ,:an lollo'* h~ assist and advise
[?: .SouthoId Town' residen[~ and
il:::..landowners in order to"'con-
~:,.I~ "serve, protect .... and preserve.
(,, such places. ~.e~. struclure~
Il" and 10ui~dmas tnerebs preser~
",'mg ~ne Unique character o[
, $outho!d To,~n which wtl sub-
~ ~tant!kll5 '~mpro~e" prc, perh'
I. and commerctal ~alues ir, Ihe
g lo-n and make i~s xillagcs
~, and hamlets exer, better places
./ in which 't~/ live:
[!' ;~ Copies of said Local Law' are
,!; .,available at the Office Of;the
~ ~'Towfi Clerk to any interested
!l'" persons du_rmg ibu~mess
i.. hout:s.
,' NOTICE IS FURTHER GIV-
£N that the Town Board of the', '~
1: Town ~f Southold will hold a' ~
puhl,ic .hearing on the afore-
said:Local Law at the Southold
Town Hall. Main Road South-
old,.Nev~ York. on the 21st day
of December, 1982 at 3:40
o'clock P.M.. at which time all
interested, persons will be
heard.
~,'Dated: ,iNovembev 23;, !982.
i' ~ JUDITH T. TERRY
iI TOWl~ CL~RK
i~ TOWN,OF SOUTHOLD
ii:" '. ' ' ' 1T-12/2/82(150)
I£ . '.:'--
COUNTY OF SUFFOLK
STATE OF NEW YORK
Potricia Wood, being du'.y sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in, Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island TraVeler-Watch-
man once each week for ......................... ../.. ........... weeks
successively, commencing on the ....................................
Sworn to before me this ................................ day of
.......... ........ ,
' AMENr,ED
LEGAL NOTICE
O LCE O'F eUBd 51
~7 pUB~'NOTiCE'b h~reby'
~,~t,' ~ven that ~ere h~ been pre-
gljl: sente~:~o ~e T0~n Board of
: ~e T~n bf Sou~ld~Suffo~
Court6. New Y~, ~'~' 23rd
~w .t6'~bliSh; a Landmark
)l': to pFescfibe its 'd~es." The
purpo~e~;,~nd poficy of this
~1 LaW is as follows: The
~t,~, Tog~.:BOard finds there exis~
~ m the Town of Southold
istructures and buffings of
:l:~ ~tofic or arehi~cmral signi-
~q:: tic.ce which contriBUte to the
,,.;? a~sthetie value':~'~ ~e Town,
'~'::' and ~r0mote the gengral good,
"; welfam, healm and safe~ of
the To~ and its residents.
Therefore( it ~ the pu~ose
and,,~ol~ of t~i$ chapter to
Ceddri~ ,~r,,cr, ~ c~o foHOW t0.
wMeh w~l sabs~tially im-
~ prove
~ Gal values m ~n ~d
even beret plac~;~hich to
~: ~os of~zaid'Local ~w are
availa~e ai'the O~ce of
ho~, ,~ ~ ;,:
EN tb~'~he To~ Board &f~he
T~n of Southold will ·hold· a
~ public hear~g on the aforesaid
',Local Law at the ~ou~old.
,~, Town Hal{ Main Road. South-
;',, Id, New York~on the 21st day
:" of December,'~9~ at
mterested,, .p~q$~ will be
~ted: ~eee~ber 7, 1982
" JUDITffT.,TERRY
.~ T0~ CLERK
TOWN OE'S~0THOLD
. · IT- 12/9/82(6)
COUNTf OF SUFFOLK
STATE OF NEW YORK
ss:
Patricia Wood, being du!y sworn~ says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southald, in, Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in Said LOng Island Traveler-Watch-
/
man once each week for ............................ .,...~;.....weeks
successively, commencing on the ................ ~ ..................
Sworn to before me this ................ ~ ............ day of
.......... ......... .
oiiJthe Town of Southold,
Sij/iolk County New York on
23rd day of Noveraber
i;titp~:?,cted ,~nd prey.e, rved to.
(Ld~lol:sh 11 J.;'ll(] inai'k
'."~,1~oeedures which it ean follow"
]:i[l(]O',~ H('rc Ul ordt. r to _con-
s~rve, protect and preserve
}i'-~p~ti 'places,~ sites; sh;uctures
buildings thereby
I.~llr~serving the unique
"~.h_~vacter of Sou!hold Town
i;~hi~h will substantially ira-
.:.p?0ve property and
~eOmmercml values ]n the
and make its villages
an~, hurdlers even better
~i~cok in which to live.
t~d~ies of said Local Law are
~iii~!able ~t ihe Office· of the
Clerk to any interested
~f~sbns during business·
~/~)T'ICE' IS FUHTHE~
~!VEN that the Town Board
ti{e Town of Sou!hold Will
i:;,hbldla public hearing on the
a~dt~said Local. Law at the
S~lthold' Town Hall Main
Sou!hold, New York, on
~1~'2~s£ day o~ December 19~2
in.terested persons
TOWN 0F SOUTHOLD.
1TD24118 .
. COUNTY OF SUFFOLK, ]
STATE OF NEW YORK, ~ ss:
J
.... ?.~..0,~..~-~..~.8:'.7.~.O.~.1 ................ being duly Sworn.
says that . .h. -~:..., is Printer and Publisher of the SUFFOLK
WEI~KLY TIMES, a newspaper published at Greenport, in said
county; and ~hut the notice, of which the annexed is -,printed
copy, .has been published in the said Suffolk Weekly Times
~nce in erich week, for ....... .o.~.e: ................ weeks
successively commencing on the .... ~.I!..~ ..................
day of...~.e..c.e.t?~.~.~.-.
Sw~m to l~o,~e ..........
.......... ........
HELEN K. DE VOE
NOTARY PUBLIC, State of New Yoi~
N~. 470787& Suffolk County
Term Expires March qO
aesthetic yalu~ of the, Town,
-3' 'ana safety of
the Tm'vt/ and frs residents.
Therefore, it is. the purpose
.and policy o~' this chapter
to establish a Landmark
Preservation C6mmission and'
procedures whkh it can follow
to assigt' $o'uthold' Town
~' mereoy preserving
?e unig~e 'gharacter of
substantiarlyl, improve
pr°pertyl;]'a rid. ~c~m mercial
values ~n ,the To~ and make
~ls villa~ ~n~ ~amie/s even
better places ~ Fhich to live. -
Copies o~.said Local Law are '
available .qt' the Office' of the
P s ~r'ing business
- hours.
NOTICE ' I$','.FURTHER
GIVEN th~'l '.the ~own Board
of ~he Town:for ~outhold will
h~ld a pub~?~daring on the
aforesaid Loc'~l :La~' at the
ff, d,' ~e~ York, on
the 21st dayuf December, 1982
at 3:~ o'clbbk PqM at ......
.IU~ITH T. TEHRy '
"" TOWN CLERK '
TOW~OF;So~oLD ,
1~125 .
AMENDED
, LEC,?LL NOTICE
NOTICE OF PUBLIc
HEAB!NG ON LOCAL LAW
PUBLIC NOTIC~ is hereby
given that there has been
presented to the Town Board
of lhe 'Town o£ $outhold,
Stfffolk'County, New York. on
the 23rd day ,of, Noveraber,
1982, aLocal Law, e,.titled,
Local 'Law,. to establish a
Landmark'Preservation
Commission and to Prescribe
ils duties". The purpose and
poUey of this Local Law is as
follows: The ,Town EP-,a rd find~
there e~sts iz~ the Town
Southnld ,structures and
buildings of histor c or
architectural ,~ignificance
which ,'cd, tribute to the
COUNTY OF SUFFOLK, ]
STATE OF I~IEW YORK, ~ ss:
T~oy ~usta~son
...................................... being duly Sworn,
says that ...h..e.. is P~inter and Publishe~ of the SUFFOLK
W£EKLY TIMES, a newspaper published at Greenport. in s~id
county: and that the notice, of which the annexed is ~ printed
copy, has been published in the said Suffolk Weekly Times
once in eoch week, tot o:ae
............................ weeks
s~ccessiv~ly commencing on the .... 9..~.h. ..................
.... I~ecember · -~ ,~ 82/~
Term ExPires ~4arch 30, 19~