HomeMy WebLinkAboutLL-1994 #04LOCAL LAW NO. 4 , 199~
A Local Law in Relation to Landmark Preservation
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
Chapter 56 (Landmark Preservation) of the Code of the Town of Southold
is hereby amended as follows:
1. Section 56-2 (Purpose) is hereby amended to read as follows:
The Town Board finds there exist in the Town of Southold places,
sites, 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, to
contribute to the aesthetic value of the Town and to 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 Southold Town and owners of places,
sites, buildings and structures 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 hamlets even better places in which to live.
Section 56-3 (Definitions) of the Code of the Town of Southold is
hereby amended by adding thereto the following:
HISTORIC DISTRICT - Any area which contains places, sites,
structures or buildings which have a special character and ambience
or historical value or aesthetic interest and which represent one
(1) or more periods or styles of architecture of an era of history
and which cause such area to constitute a distinct section of the
STYLE OF ARCHITECTURE - Style recognized by one (1) of the
following organizations:
1. The National Register of Historic Places.
2. Historic American Buildin~]s Survey.
Historic American Engineering Record, United States Department
of the Interior, National Park Service.
Division for Historic Preservation, New York State Office of
Parks and Recreation.
5. National Trust for Historic Preservation.
6. Society of Architectural Historians.
Section 56-3 (Definitions) is hereby amended by changing the
following to read as follows:
HISTORICAL SIGNIFICANCE - The quality of a place, site, building,
district or structure based upon its identification with historic
persons or events in the Town of Southold
LANDMARK Any place, site, structure or building which has
historical e~ a~eh~-~l-~igni~iean~value or aesthetic
interest by reason of its antiquity or uniqueness of architectural
design or as part of the development, heritage or cultural
characteristics of the Town, County or nation.
Section 56-4(A) (Landmark Preservation Commission) is hereby
amended to read as follows:
There is hereby created a Landmark Preservation Commission
for the purpose of conserving, protecting and perpetuating
historic landmarks and districts in accordance with the
purposes of this Article. The Commission shall consist of
seven (7) members to be appointed by the Town Board. to
serve without compensation.
Section 56-5(B) (Duties of Commission) is hereby amended to read
as follows:
Recommend places, sites, buildings, structures and historic
districts to the Town Board for landmark designation in
accordance with the provisions of Section 56-6 hereof.
· Section 56-6(A) (Designation of landmarks) is hereby amended to
read as follows:
Selection of places, sites, buildings, structures and historic
districts for landmark designation shall be determined on the
basis of historical and/or architectural significance.
Section 56-6(B) is hereby amended to read as follows:
In considering places, sites, buildings, structures, and
historic districts for possible landmark designation, the
Commission shall comply with the following procedure:
8. Section 56-6(B)(1) is hereby amended to read as follows:
(1)
Prior to recommending to the Town Board that a place,
site, building, structure or historic district be
designated as a landmark, the Commission shall give
written notice to the owner(s) of the property, as shown
on the last completed town assessment roll, that the
Commission is considering recommending to the Town Board
that the place, site, building or structure be designated
as a designated landmark or historic district. Such
notice shall request that the owner(s) 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(s) objects to such de~ign~tion or
desires further information, the owner(s) may. return the
form enclosed with the notice, which requests that the
owner(s) and/or representative(sD seeks a meeting with
the Commission within thirty (30) days from the receipt
of such requests by the Commissioner.
8. Section 56-6(B)(2)(a) is hereby amended to read as follows:
(a)
The owner consents in writing to such designation;
or, with respect to an historic district, fifty-one
percent (51%) of the property owners in the proposed
district consent in writing to such designation;
9- Section 56-6(B)(2)(b) is hereby amended to read as follows:
(b)
The owner, within thirty (30) days from the receipt
of the notice specified in Section 56-6 (B)(1), has
failed to notify the Commission of his/her objection
to such designation or failed to request a meeting
with the Commissioner.
10- Section 56-6(B)(3) is hereby amended to read as follows:
When the Town Board receives a recommendation from the
Commission that a place, site, building or structure be
designated as a landmark, or an historic district be
designated, the Town Clerk shall give written notice
thereof to the owner(s) of the property, stating the time
and place when the Town Board will meet to consider the
question of the landmark designation of such place, site,
building, structure or historic district. Such notice
shall also state that the owner(s) shall be given an
opportunity to be heard at such meeting.
11. Section 56-6(C) is hereby amended to read as follows:
The designation of property as a designated landmark or
historic district by the Town Board, pursuant to the provisions
of this chapter, shall not impose any obligation 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.
II-
12. Section 56-8 (Termination of landmark designation) is hereby
amended to read as follows:
Whenever a designated landmark or historic district is destroyed or
its exterior is a~tered to such an extent that it ceases to have
architectural significance, the Town Board may, by resolution,
direct that the it be removed from the Register of Designated
Landmarks. Prior to taking such action, however, the owner shall
be given written notice of such proposed action and shall be given
an opportunity to appear before the Town Board and be heard
thereon.
13. Section 56-9 (Severability) is hereby amended to read as follows:
Each of the foregoing provisions of this chapter has been adopted to
an endeavor to preserve and extend the public welfare by
preserving the characteristics of historic and/or architecturally
significant places, sites, structures or districts. In the event
that any portion of this chapter shall be determined invalid, .such
determination shall not affect or result in the invalidly of any
other provision contained in this chapter.
This Local law shall take effect upon its filing with the Secretary of
State.
Underscore represents addition(s)
Overstrike represents deletion(s)
DATE: 4/12/94
Local Law Acknowledgment
JUDITH T. TERRY
TOWN OF SOUTHOLD
TOWN IiA_L L
53O95 MAIN ROAD
SOUTHOLD NY 11971
(Rev.
-I
_[
To~a of Southold
LOCAL LAW(S) NO. ~ YEAR I FILING DAT~
2 thru 4 I 1994 4'/11/94
The above-referenced material was received
and filed by this office as indicated.
Additional local law filing forms will be
forwarded upon request.~
Local Law Filing
NE~ YORK STATE DEPARTMENT OF STATE
162 WASItINGTON AVENUE. ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
· ]~l~ Southold
Town
Local Law No. 4 of the year 19--9-5-
A local law ................. -l-n---.R--e--l-a-t--i-~--n---t--~---L-9-`n--d..m-`a--r-.k---P-~-e.s-.e--~-Y-a--t~-~--n- ................................
(Insert Title}
Be it enacted by the .................-T--°~-w--n--~-B--°-O.-r-d- ........................... ~ ........... -' ............. of the
~ of Southold ' as follows:
Town ..................................................................................... : ....
Chapter 55 [Landmark Preservation) of the Code of the Town of Southold
is hereby amended as follows:
1. Section 56-2 [Purpose) is hereby amended to read as follows:
The Town Board finds there exists in the Town of Southold places.
sites, structures and buildings of historic or architectural
significance, antiquity, uniqueness of exterior design or
construction, which should be conserved, protected and pre, served
to preserve the architectural character of Southold Town. to
contribute to the aesthetic value of the Town and to 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 Southold Town and owners of places.
sites, buildings and structures 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 hamlets even better places in which to live.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239 (Re'.,. 7/91) (1)
o
o
Section 56-3 (Definitions) of the Code of the Town of Southold is
hereby amended by adding thereto the following:
HISTORIC DISTRICT - Any area which 'contains places, sites.
structures or buildings which have a special character and ambience
or historical value or aesthetic interest and which represent one
(1) or more periods or styles of architecture of an era of history
and which cause such area to constitute a distinct section of the
Town.
STYLE OF ARCHITECTURE - Style recognized by one (1) of the
following organizations:
The National Register of Historic Places.
Historic AmeriCan Buildings Survey.
Historic American Engineering Record. United States Department
of the Interior. National Park Service.
Division for Historic Preservation. New York State Office of
Parks and Recreation.
5. National Trust for Historic Preservation.
6. Society of Architectural Historians.
Section 56-3 (Definitions) is hereby amended by changing the
following to read as follows:
HISTORICAL SIGNIFICANCE - The quality of a place, site, building,
district or structure based upon its identification with historic
persons or events in the Town of Southold
LANDMARK Any place, site. structure or building which has
historical value or aesthetic interest by reason of its antiquity or
uniqueness of architectural design or as part of the development.
heritage or cultural characteristics of the Town. County or nation.
Section 56-~,(A) (Landmark Preservation Commission) is hereby
amended to read as follows:
There is hereby created a Landmark Preservation Commission
for the purpose of conserving, protecting and perpetuating
historic landmarks and districts in accordance with the
purposes 'of Lhis Article. The Commission shall consist of
seven (7) members to be appointed by the Town Board, to
serve without compensation.
Section 56-51B) IDuties of Commission) is hereby amended to read
as follows:
Recommend places, sites, buildings, structures and historic
districts to the Town Board for landmark designation in
accordance with the provisions of Section 56-6 hereof.
Section 56-6[A) (Designation of landmarks) is hereby amended to
read as follows:
Selection of places, sites, buildings, structures and historic
districts for landmark designation shall be determined on the
basis of historical and/or architectural significance.
7. Section 56-6(B) is hereby amended to read as follows:
Bo
In considering places, sites, buildings, structures, and
historic districts for possible tandmark designation, the
Commission shall comply with the following procedure:
8. Section 56-6(B)(1) is hereby amended to read as follows:
I1)
Prior to recommending to the Town Board that a place,
site. building, structure or historic district be
designated as a landmark, the Commission shall give
written notice to the ownerls) of the property, as shown
on the last completed town assessment roll, that the
Commission is considering recommending to the Town Board
that the place, site, building or structure be designated
as a designated landmark or historic district. Such
notice shall request that the owner(s) 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(s) objects to such designation or
desires further information, the owner(s) may return the
form enclosed with the notice, which requests that the
owner(s) and/or representative(s) seeks a meeting with
the Commission within thirty 130) days from the receipt
of such requests by the Commission.
8. Section 56-6(B)(2)(a) is hereby amended to read as follows:
The owner consents in writing to such designation;
or, with respect to an historic district, fifty-one
percent (51%) of the property owners in the proposed
district consent in writing to such designation;
9. Section 56-6(B)(2)(b) is hereby amended to read as follows:
{b)
The owner, within thirty (30) days from the receipt
of the notice specified in Section 56-6 (B)(1), has
failed to notify the Commission of his/her objection
to such designation or failed to request a meeting
with the Commission.
II.
10. Section 56-6[B)[3) is hereby amended to read as follows:
When the Town Board receives a recommendation from the
Commission that a place, site, building or structure be
designated as a landmark, or an historic district be
designated, the Town Clerk shall give written notice
thereof to the owner[s) of the property, stating the time
and place when the Town Board will meet to consider the
question of the landmark designation of such place, site,
building, structure or historic district. Such notice
shall also state that the owner[s) shall be given an
opportunity to be heard at such meeting.
11. Section 56-6(C) is hereby amended to read as follows:
The designation of property as a designated landmar~k or
historic district by the Town Board, pursuant to the provisions
of this chapter, shall not impose any obligation 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.
12.
Section 56-8 [Termination of landmark designation) is hereby
amended to read 'as follows:
Whenever a designated landmark or historic district 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 such action, however, the owner shall
be given written notice of such proposed action and shall be given
an opportunity to appear before the Town Board and be heard
thereon.
13. Section 56-9 (Severability) is hereby amended to read as follows:
Each of the foregoing provisions of this chapter has been adopted in
an endeavor to preserve and extend the public welfare by
preserving the characteristics of historic and/or architecturally
significant places, sites, structures or districts. In the event
that any portion of this chapter shall be determined invalid, such
determination shall not affect or result in the invalidity of any
other provisioo contained in this chapter.
This Local Law shall take effect upon its filing with the Secretary of
State.
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto:designated as local law No ............... -q- ...................of 19-9--q---
of the (~X~K,]((3i~Town]gv~il~6] of $outlnold .......................... was duly passed by the
~' ~ ~J'/'~ .... - ....... : .............................. ' ' ' ' W
._T.D_w__n__ __l$_o__a_~ ........................... on_A_P__r_!L__5 .......19 i-q-, in accordance with the apphcable provts~ons of la .
(Name of Legislative Body)
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the
............................................... on .................. 19 ---, and was (approved)(not approved)(repassed after
(Name of Legisla~,,e Body)
disapproval) by the ........... -' ...................................... and was deemed duly adopted on .................. 19 .... ,
(Elective Chief Executive Off. er*)
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the
................................................... on .................. 19 ...., and was (approved)(not approved)(repassed after
(Name of Legislaiive Body)
disapproval) by the ................................................. on ................... i9 ..... Such local law was submitted
(Elective Chief Executive Officer*)
to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (general)(special)(annual) election held on .................. 1-9---- , in
accordance with the applicable provisions of law.
4. (Subject to permissive referer~dum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the (County)(City)(Town)(Village) of ................................. -. ...............................was duly passed by the
........................ ~. .......................... on .................. 19 .... , and was (approved)(not approved)(repassed after
(Name of Leglslative Body)
disapproval) by the .................................................. on ............. : .... 19 .... Such local law was subject to
~Electlve Chief Executive Offcer*)
permissive referendum and no valid petition requesting such referendum was filed as of .................. 19---- , in
accordance with the applicable provisions of law.
*'Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-
wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or
the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances.
(2)
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19
of the City of ............................................. having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the
qualified electors of such city voting thereon at the (special)(geneml) 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 ............................................. z ...... State of New York, having been submitted to the electors
at the General Election of November ...................... 19 .... , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit-
ies of said county as a unit and a majority of the qualified electom 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.)
(Seal)
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 in-
dicated in paragraph ..... _1_ ..... , above.
Clerk of the~/~u~ty, legislative body, City, Town or. Village Cl~k~
or officer designate~ by local legislative body
Judith T. Terry, Town Clerk
Date: April 6, 1994
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NE",V ~FO LK
COUNTY OF
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that alt proper proceedings
have been had or taken for the enactment of the local law'annexed hereto.
Signature
Laury L.
Title
Dowd, Town Attorney
~W of
Town
Date: April 6, 1994
Southold
(3)
PUBLIC HEARING
IN THE
~OUTHOLD TOWN BOARD
APRIL 5. 1994
8:10 P.M.
MATTER OF A PROPOSED "LOCAL LAW IN RELATION!TO LANDMARK
PRESERVATION .
Present:
Supervisor Thomas H. Wickham
Councilman Joseph J. Lizewski
Councilwoman Alice J. Hussie
Councilman Joseph L. Townsend, Jr.
Councilwoman Ruth D. Oliva
Justice Louisa P. Evans
Town Clerk Judith T. Terry
Town Attorney Laury L. Dowd
SUPERVISOR WICKHAM: We'll proceed to the third public hearing of the
evening. This is a public hearincj on Landmark Preservation. Ruth?
COUNCILWOMAN OLIVA: "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 22nd day of March. 1994. a Local Law entitled. "A Local Law in
Relation to Landmark Preservation". Notice is further given that the Town
Board of the Town of S~uthold will hold a public hearing on the aforesaid Local
Law at the Southold Town Hall. Main Road. Southold. New York, on the 5th
day of April. 1994. at 8:10 P.M., at which time all interested persons will be
heard. This proposed "Local Law in Relation to Landmark Preservation" reads
as follows:
I. .Chapter 56 (Landmark Preservation) of the-Code of .the Town of Southold
is hereby amended as follows:
1. Section 56-2 [Purpose) is hereby amended to read as follows:
The Town Board finds there exist in the Town of Southold places,
sites, 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. to
contribute to the aesthetic value of the Town and to promote the
,P§ 2 - PH Landma~"'~,,Presv. ,~
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 Southold Town and owners of places,
sites, buildings and structures 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 hamlets even better places in which to llve-
Section 56-3 (Definitions) of the Code of the Town of Southold ~s
hereby amended by addin9 thereto the following: ;
HISTORIC DISTRICT - Any area which contains places, sites,
structures or buildincjs which have a special character and ambience
or historical value or aesthetic interest and which represent one
(1) or more periods or styles of architecture of an era of history
and which cause such area to constitute a distinct section of the
Town.
STYLE OF ARCHITECTURE - Style reco~lnized by one (1) of the
following organizations: ;
1. The National Register of Historic Places.
2. Historic American Buildings Survey.
Historic American Engineering Record, United States Department
of the Interior, National Park Service.
Division for Historic Preservation, New York State Office of
Parks and Recreation.
5- Nationai Trust for Historic Preservation.
6. Society.of Architectural Historians.
Section 56-3 (Definitions) is hereby amended by changing the
following to read as follows:
HISTORICAL SIGNIFICANCE - Th~ quality of a place, site, building,
district or structure based upon its identification with historic
persons or events in the Town of Southold
LANDMARK - Any place, site, structure or building which has
historical or areh~t~n'~l-~i~jnh~icance-value or aesthetic
interest by reason of its antiquity or uniqueness of architectural
design or as part of the development, heritage or cultural
characteristics of the Town, County or nation.
P.g 3 - PH Landmar~Presv. ,~
Section 56-4(A) (Landmark Preservation Commission) is hereby '''
amended to read as follows:
A- There is hereby created a Landmark Preservation Commission
for the purpose of conservincj, 'protectincj and perpetuatln~l
historic landmarks and districts in accordance with the
purposes of this Article, The Commission shall consist of
seven (7) members to be appointed by the Town ·Board, to
serve without compensation.
Section 56-5(B) (Duties of Commission) is hereby amended to read
as follows;
B. Recommend places, ' sites, buildings, structures and historic
· ~ :districts to the Town Board for landmark designation in
"' accordance with the provisions of Section 56-6 hereof.
Section 56-6(A) (Designation of landmarks) is hereby amended to
read as follows:
Selection of places, sites, buildings, structures and historic
districts for landmark designation shall be determined on the
basis of historical and/or architectural significance,
7. Section 56-6(B) is hereby amended to read as follows:
In considering places, sites, buildings, structures, and
historic districts for possible landmark designation, the
Commission shall comply with the following procedure:
8. Section 56-6(B)(1) is hereby amended to read as follows:
Prior to recommending to the Town Board that a place.
site, building, structure or historic district be
designated as a landmark, the Commission shall give
written notice to the owner(s) of the property, as shown
on the last completed town assessment roll, that the
Commission is considering recommending to the Town Board
that the place, site, building or structure be designated
as a designated landmark or historic district. Such
notice shall request that the owner(s) 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(s) objects to such designation or
desires further information, the owner(s) may return the
form enclosed with the notice, which requests that the
owne¢(s) and/or representative(s) seeks a meeting with
the Commission within thirty (30) days from the receipt
of such requests by the Commissioner.
Pg 4 - PH Landma,r~iPresv. :~-~
Section 56-6(B)(2)(a) is hereby amended to read as follows:
(a) The owner consents in writing to such designation;
or, with respect to an historic district, fifty-one
percent (51%) of the property owners in the proposed
district consent in writin~l to such desicjnation;
Section 56-6(B)(2)(b) is hereby amended to read as follows:
(b)
The owner, within thirty (30) days from the receipt
of the notice specified in Section 56-6': (B)(1), has
failed to notify the Comm~ission of his/her objection-~
to such designation or failed '-to request a meeting
with the Commissioner.
10. Section 56-6(B)(3) is hereby amended to read as follows:
When the Town Board receives a recommendation from the
Commission that a place, site, building or structure be
designated as a landmark, or an historic dlstrict be
designated, the Town Clerk shall give written notice
thereof to the owner(s) of the property, stating the time
and place when the Town Board will meet to consider the
question of the landmark designation of such place, site,
building, structure or historic district. Such notice
shall also state that the owner(s) shall be given an
opportunity to be heard at such meeting.
11. Section 56-6(C) is hereby amended to read as follows:
The designation of property as a designated, landmark or
historic district by the Town Board, pursuant to the pr-~visions
of this chapter, shall not impose any obligation or
responsibility upon the owners thereof, nor shall such
designation in any manne~ restrict or limit the use,
development, repair, maintenance, alteration or.modification of
the property by the owners thereof.
'12.
Section 56-8 (Termination Of landmark designation) is hereby
amended to read as follows:
Whenever a designated landmark or historic district is destroyed or
its exterior is altered to such an extent that it ceases to have
architectural significance, the Town Board m~y, by resolution,
direct that the it be removed from the Register of Designated
Landmarks. Prior to taking such action, however, the owner shall
be given written notice of such proposed action and shall be given
an opportunity to appear before the Town Board and be heard
thereon.
Pg 5 - PH Landmark Presv.
13. Section 56-9 (Severability) is hereby amended to read as follows:
I1.
Each of the foregoing provisions of this chapter has been adopted to
an endeavor to preserve and extend the public welfare by
preserving the characteristics of .historic and/or architecturally
significant places, sites, structures or districts. In the event
that any portion of this chapter shall Be determined invalid, such
determination shall not affect or result in the invalidly of any
other provision contained in this chapter.
This Local law shall take effect upon its filing with the Secretary of
State.
* Underscore represents addition(s)
** Overstrike represents deletion(s)
Copies of this Local Law are available in the Office of the Town Clerk to any
interested persons during business hours. Dated: March 22, 1994. Judith T.
Terry, Southold Town Clerk."
This was also published in The Suffolk Times, and The Traveler, and posted.
on the Town Clerk's Bulletin Board, and there are no communications.
SUPERVISOR WICKHAM: Thank you. The purpose of this l~ocal Law is to
revise the Code in regard to the Landmark Preservation Commission in a way
that makes provision for historic districts in the town, historic districts,
places, and sites, to broaden beyond just simply historic buildings. The
provision that you just heard requires a 51% vote of the people in that
district in order for it to be so nominated, and there are no specific
restrictions, that attach to the people in there. Are there any comments from
the people, who have come to the hearing tonight? Yes. sir?
F, M. FLYNN: }'m F. M. Flynn. i'm a resident of the town, and
propose to address the Board in my usual concise fashion. This proposed
"Local Local Law in Relation to Landmark Preservation" for what my opinion is
worth, I hardily endorse the concept, and purpose of the proposed legislation.
The lengthy legal notice indicates that considerable effort has been expended
in promulgating this proposed legislation. Provision has been made for a
commission charge with identifying properties deemed worthy for preservation.
A method for providing notification to owners of such properties has been
prescribed and such owners are afforded the opportunity .to be heard by the
Town Board. In addition, the proposed legislation has the merit of conforming
to the intent of the New York State Enabling Act for Town Zoning, which
encourages the preservation of property values. Despite the extensive, if not
to say exhausted explanation of the intent and methodology involved, it is my
opinion, that no sound basis has been established for the proposed Local Law.
It is my understanding that a law, to be defensible, must be both descriptive,
and providing for an enforcement by authority. For a law to be valid, it's
provisions must be both obligatory, and hence enforceable. The amended
section 56-6{C) incorporated in the proposed legislation, in my interpretation,
absolves owners of the effective property of any obligation, or responsibility
to conform to it's provisions. In conclusion, while the purpose cited is highly
desirable, if not to say altruistic, the legislation as drafted depends on
voluntary compliance, and thus would not have the force of law. Thank you.
Pg
6 - PH Landmark Presv.
SUPERVISOR WICKHAM: Anyone on the Board like to address that? We'have
tonight several members of the Landmark Preservation Commission. and John. I
wonder if you woutd like to do two things. One is to introduce your members of
the Commission. and if you like also to respond to some of the questions, that
have been raised.
JOHN STACK: John Stack. Mattituck. I'm Chairman of this Commission. and
Valerie Marvin is one of the members. Ralph Williams. and Bill Peters is just
going off the Board. I wonder if the gentleman realizes that this law has been
on the books for ten years. The only change we're asking for is to include
places, sites, and districts, so. although I have to agree with what' he said.
we found out several years ago. that this wasn't to be in this town, But. the
law is on the books, The only change we have is places, and' sites. We have
no teeth in the law. What we try to do is to encourage people to keep the
ambiance of the town where we would like to see it. to maintain the gems that
we have out here of old houses, and we do this through education, and trying
to encourage them. in May we hope to be giving out some awards for people.
who have done some good restoration of trying to keep the place going. But.
we have no teeth in the law. That's true,
COUNCILMAN TOWNSEND: Just a response to Mr. Flynn. ,I was involved
in the initial legislation, and the way I see it. you're right. It's a very
weak law in terms of mandating, or even protecting, landmarks in this town.
However. the formula that you mentioned does exist, because if someone wants
a landmark, and .then is designated after allowing himself to be designated, and
then he decides to tear off the facade, his punishment is that he loses his
landmark status. Then the Commission has the right to remove the landmark
status, whether he wants to remove it or not. so once he's given himself to the
Landmark list. then he can be punished by being taken off it, Other than that
they have no power. But. that small penalty does exist.
F.M. FLYNN: May I respond? I don't want to be misunderstood, and I am
in favor of this proposed legislation, but I think you're spinning wheels, if
you don~t enact it in the form of a law. I don't see that it's any great
penalty to somebody decided to sell his property to remove Landmark status.
As a matter of fact. some people consider that a penalty in itself. In my
limited experience with such things, the only thing that works as a carrot and
a stick approach, you have to offer the people something, if they want to he
classified as Landmark properties. On the other hand. if they accept that
classifi~:ation and violate the principles stated.' then they' have to be subject
to some sort of legal, what shall I say. some trouble, or whatever.
SUPERVISOR WICKHAM: I think what we have seen tonight is basically a
philosophical debate of the degree of sanctions, that should be put in this
law, As I understand it the philosophy of several Boards. up until now at
least has been to pursue tandmark designations in a voluntary manner, and to
provide incentives, publicity, and all the other positive ways we can, to
promote Jandmark designation in this town. Up untJJ now. at least, the Town
has not accepted tough sanctions, that can be enforced against owners of these
properties, who would basically do away with their landmarks. I think that's
what you're asking for.
P.g 7 - PEI Landr~-~,Presv. ~'.
F. M. FLYNN: Yes, I don't want to conduct harangue here, but'"just
because something exists in the Code, as you all welt know, is no guarantee
that it's correct. What is say, what exists in the Code is not a taw, and what
you propose is not a law, therefore how can it be declared to be a Local Law?
It just isn't. It's a regulation, perhaps· but a law.
SUPERVISOR WICKHAM: Food for thought. S~mething that we can discuss
with the Commission at a future date. Yes, sir?
ROY KUESTER: Roy Kuester of Laurel, Franklinville Road. Mrs.
Terry,if you remember?
TOWN CLERK TERRY: Yes, I do.
ROY KUESTER: I recall when they first started this Landmark business.
they were trying to fine us $3,500.00, or thereabouts for various reasons. Is
that what this gentleman is proposing in the law there be fines, if we don't
live up to it, cash fines? I propose we get a little tax rebate instead. That
might help a bit. Makes you think to keep those old houses going.
SUPERVISOR WICKHAM: Yes. it does. Thank you. Any other comments
tonight?
JIM RICH: Jim Rich. again, haven't been here in a long time. and I feel
funny coming up and speaking twice in one evening, but you're very kind to
have us, and I would like to say something about this. I don't think this
should be passed, frankly. I think that the whole Landmark Preservation Law
should be rewritten. I don't agree with Mr. Flynn entirely, although he has
some very good ideas· and is very eloquent, and knows a lot more about the
law than I do. But, it says in here, if you read the law, 56-7. every
application for a building permit for the reconstruction, or alteration, or of
an addition, and so forth, and so on, has to be referred to by the Building
Inspector to the Commission. That's another layer of government, in my
opinion, that we just don't need. Some of us have been here for many· many
years, and we've managed somehow· or other, to keep our property the way it
is, and it seems to be that it's attractive to people, who come here long after
we. you know. had our buildings, and so forth. I was on the Town Board
when' your father was Chairman of the Planning Board· and he used a great
deal of sense. He did a lot of wonderful things, and I-. don't he had Land
Preservation at all. You didn't need it. The Building Department has some
sense, and the people that live in the town have some sense. The other thing
· that I wonder about is, it refers to certain actions, that can be done by the
Commissioner, and I can't find out who the Commissioner is.
TOWN CLERK TERRY: That is an error.
JIM RICH: That's a typographical error?
TOWN CLERK TERRY: Yes. it is.
JIM RICH: Oh. see I didn't read it. Judy.
TOWN CLERK TERRY: It's supposed to be Commission. What are you readin9
from there, from the newspaper?
Prj 8 - PH Landma~resv.
JIM RICH: No, from this-. Also. I'm reading from the Town Law. the Local
Law, which' was passed in January 18, 1983. Is that correct?
TOWN CLERK TERRY: And amended, yes.
JJ~ RICH: And that refers to a Commissioner, who can make certain decJslons.
If you study the whole law it's in there. I wouldn't have invented the word
commissioner, when the rest of it aJJ had the word commission Jn it. The other
thing, that concerns me, is a majority, that's 51%, of the owners. Would that
mean one vote for one person, or would it mean? In other words, suppose I
own a piece of property like I do now. It's assessed for close to a million
dollars, but there's eight local people that live around in the area, and they
decide they want that district preserved under' this places, and sites, that you
refer to, and all so damm nebulous, excuse me for using that expression;
You don't really know what welre talking about here in the historic district.
51~, or own
Now suppose that o 99%, I the majority of the assessed property in
that area, but those people could vote that piece of property into this thing.
Now, I've~ just gone through a very lengthy, disturbing process with something
called SH!PO. I don't know if anybody knows what that is here. That is
one of the things that you refer to in the ~list of: people, who say what a
historical site is. It's the nickname, or whatever you want to call it, for
the Division of Historic Preservation, New York State Office of Parks and
Recreation. If you live in Shelter Island Heights, and they went, and' got
themselves into a historic district. Now, there's building over there, that is
quite yal~able, but it iS failing apart. They want to rebuild the thing, but
they can't because t~qe State Historic thing, this SHI'PO thing, under the
Parks and Recreations, says, because some of it was built before 1930, now,
that's not really very old, going back to 1930, they won't let them tear that
building down, and replace it, and these are the kind of tl-ilngs I'm afraid
we're going to have. You know, it just takes me back to 1956, when the
farmers in Southold stood up at the first Zoning meeting, and they screamed,
this is like Russia. You're father was there. You don~t remember it, because
you were, too young, but I was there. Probably Bob was there, and some of
these other people may have been there, but I doubt if they we~-e, even around
here then, and we urged the Town Board at that time to pass zo~nlng, which we
did, but I think that this law has to. be looked at very carefully; and it's m y
hope that the Town Board doesn't do anything with it, right away, unless they
just cancel the whole darn thing, and start over again. Thank you.
SUPERVISOR WICKHAM: Thank you. Jim. What I think the Board has heard
tonight is really testimony on both side, and in a sense it's a reflection of
the middle road, that the Board has taken so far, and that the Commission has
also proposed that we take. A law, a modification of the law, that doesr~'t
have real' teeth, that would constrain owners of property, yet that sets the
right tone in the direction for the town, and tries to achieve the same
objectives through, less through sanctions, and more through publicity. Are
the~-e any other comments on this Local Law from the audience? (No response.)
If not, I declare this over.
SouthoJd Town Clerk
, ''' e., ' 5. Scci~n'56:S(B) (Dudes of
~. ,., : · _
STATE OF NE~iYORK)
] SSi
~ of Mattltuck. in
said County. bein~ duly sworn, says that he/she
is Principal Clerk of THE SUFFOLK TIMP~, a
Weekly Newspaper, published at Mattituck, in
the Town of $outhuld. County of Suffolk and
State of New York, and that the Not~ce of which
the annexed is a printed copy, has been regular-
ly published in said Newspaper once each week
for ~ weeks successively, commencing on
the _~day of _~J.~h 19(~4.
~ponsibility upon the owners
Town Board may, hy resolution.
lows:
sram.
*Unde~core r~presems add~tionts)
hours.
~awd: M~rch 22, 1994.
JUDITH T~ TERRY
SOUTHOLD TOWNCLERK
r _ps. g -
' 'cha-octer Of Southold Town · n.rubv ameudcd m read
GAL~OIICE ~'~"T'I ....
~~ '-.:~.:.:: wMch w~:~b~mnti~l~ ira- , ~°[!°~: ' ·
..... ~-io-er~and~ ' A %~eis~erebycr~teda
~ '~.' . .' I 'P P P. .. : · : ..... ~ -
: , .N~CE OF ~ values in the Xo~ and make ', I~,~ark ~sgr~Uon Com-
.. ~ ... PUBLIC ~NG ' its ha~ets cv~ bett~ pl~s ~'ml~!0n 'for t~e ~rpos~ of
..... '.~ . ,.ON ~CAL LAW . ~ J-i0 w~ch to 14v6.~ ..... ~ ~conservmg ~prqtectmg and
~ ' ' ' ~- ' 2 ~ion 5~3 mef~0ns~ ' ~erpetuating h~toric land-
so !cn .is .,of ha Cod Xo . ,. c or-
~e,~BY GIVEN that, thole ~i South~d ~g h~y, ~nded ~ ~da~cq :Eitn the pu?OSf{.of-
~}~as b?n .presented to the: [~b~ '~ddlng~'.the~eto the ~tht~Arttc[e. ~eComm~ston
g~,~ Bo~d bf thc'T~ Of ~K~ikd~ '' ' ..... I ~hall-'' mnsist of i~en (7)
~Southold, Suffol~ Co~y, ~ ~ HI~TORIO~ D[sTRIc~~ ' ~bers' to-be appo~ted by
~h;:l~, g ~ ~w en- [- place& sit~, ~truc~rex or ~ ~it~ut compensation.' .
~?~fitl~d, "A'~al L~in g~la~ b~Mi~s ~ ha~eaS~Ciat ~' 5; Section 56-5~) (Dunes.,
~: fion to La~m~rk P~- ~ ch~, ~ ~aie~ ~r .r ~f ~Comm~ssmn) ~s hereby
.~.-~o~ . - . . , ., , . ~l~nd~d to r~ad a~ [ollox~.
, NOlICl' IS' I'URIHIR .?en,v/a,dt~'ldchrept~,~z~mone , ~'. ~eco~endplaces. stt~
el ..~c F~vn ol Soulhold ~xdl ~.art'hiH, clttre Q[. ~tt era of ~tt~to~ d~tr~t~ ~ the
~:i~olu a public hearing on thc hi<torv and which cutls(~ ~'uch ~ ~ard for laad~k desig~-
V"ul'o~e~aid I.oaal Lm~ m Ih~ ~,~' Io con~titt41e ti di~IilR'I lo~inaccord~cex% hprov~[
9:'Somhold Town I lulL Main on~ of Section 56-6 hereof·
owner(~):and/or repreS,.n.
tarives ts) seeks a meeting with
the Commission within thirty
~(30) days from th~ receipt of
· such requests by the
L '.Commigsion..
L. 8, Se&ion 56-6 (B)(2)(a) is
~:hereby amended to.read as
;,'follows: ' ' ..
i' (a) The Owner consents in
~:writing m such designation;
~or, with respect to an historic
· district, fifty-one percent'
(51Vo) of the property owners
. in the proposed district cort-
sent· in ~;riti~ t( ~ :l:
~' ~..m¢l,. Sou,hohl. New
,.~.a)n Lhe 5Ih du3 of ,~pri1,.1994,
~'. al 8: II) I~M.. ai which Lime all
;~4atqv~St~ 'pers?ns. wilt-,:be ~'a)ll )wtn~ m~,a,iz~tton~: : . . ,
[he~&: ;: - .' ,', I. Iht .National Regi,'ter ol ~] ~- :~e~pon of piques, s~tes,
' I~- pr pt-cfi "lac IIaw ~a~la~s~ ~ : ![i~g~.~trac~ur~ and
:.in Relalion a~ I.andmark. ,}. 2. : HiJ~ri~: ~m~]can ~ '1 ~t[m(~'d~trtctstorl~dmark
~res~mtion".. reads as
~)[OW~ . ~.~ ..'~ ' . 3. Ih,,,rw .Imer,,a, ~ ~d qn me b~ o~ h.monc~~
.:.BE~T ~ACTED by th~
3~n~:B~,~f ~the ~ ~[ ~'$tat¢~eDepartmente~ftheht:~i~ff~C~' '
~ ~ut~old as.follows:
~> L Chapter 56~ ~andmark
~servafion) of the Code of '~Prese)v~t~,~ew York ~ate
the Tm of Southold is ~'Office 'of ~ar~s ~nd bui~s,s[mcm~,~d
~hereby,m~ded as follows: ~ Recn. atioi
[~ D~ctm~,56,g.~se) ~ .; 5. .~tl,ionttl Trust for
he,by, amended to .read as ~. Ilistorii I~rc>er~'alhm.
follow~: :..-'. :': . / 6. 5octet v qf .. I rchitec!nrul
~q ~wn Board finds there ~.Hiworian.~.
~exi~,~ m iht Iown ol'Somhold .. ~ Section ~6-3 (Definitions1 ~hereby amended to read as
:~U~ 0f Nsm0c or
(~c~teet~ s(~imnc~.~ti-r '~ m~.' ~ ~o the Town B~ ~at a
?~ldi'13( n~iiU'u.n~; o/cxc~ri'o~ ::, 'H I S"I O R 1C A L. ~la~, sit~ buil~gs, ~umre l
'/de,igno, con}jrn~do,,. ~l,ich ~:Sl(;Xll. iC.XNCi.'.¥heq~i_ ~or historic district be
~' '" "'" ! asa I~k~the I
."~i~o~hl. bc 2ou~%ud, proluc~
and presc~s'd ~t? pre%eryc the ~.dMrict, Ol ~lt,cture ha~ed .
S31J~il01d` T~xvhl to e0ntribine
to the,aesdaetic ~alue of
ge~.e~ral good,~welfare, health
.. 0ri//e ,wi, ;nd ii,
L r~'.,idcnb. Ihctcfore. i. is the
, chapter ~0 establi:h u I and-
~ eau I'ollow to a,~iSl Soulhold
iisection oJ~'the:Town. ..
sTYLE .~ '., . · .OF i. 6. Sectciou 56-6(A)
~ARcHiT!~c:XuI~E- $~yle . De~Sguation of Landmarks} is ~lll. has falied to notify
~;n,co~rdZed b,,: re,i, tO q/the i
upon n.- idenlificuiion v. ith
Ihe Tuwn of Soulhold.
~.~tl~; ~lruclure or bttilding
which ha, hi-u)rical Ior m-
qf its tttttiqtttO' or ur~iquenen~
'of orchechlt~d dt~¥ign or a*
~[patt ~[' the development.
j:heritaee or cu#ural chnrc-
¢ loxvn anti. o'.,.ner'- o!~ Rlqce?; ~ terislk:* of tile Ion'tl. Counlv
~strugmre[ ancl~ butldings.:j
~ereby amended to read as 'thcc°mmissi°nofhis'"her°b'i
7ollt'n:s: i~.jection tO such designation or
failed !b requqst a meeting,
.with the Comm/ssion.
foflS~i,
, 3;: ~em)he ~n: Board.
~c~ves a Le~en~latmn:
~luce, ~itc; buildin_~ o~
iture bc dcsi[,nalcd a~ a land- ]
;bm rk, or att hi,fork di~lrit't bt, !i
4eqenae(,d, Iii,.' lbwn Clerk:
give written notice!
Such nodce shall also
the o~.ner(s) shall be
iven an opportunity to be
meeting.
Il. Seetion 56-6(C) is hereby
to read as foUows:
,y the
Board. purqtam ~o the
thereof, nor shall such
in any manner
or limit the use,,
teveiloOmen t~ r~p~irl
alteration or
on of the property
y the owners thereof.
12. Section 56-8 rTe[mina-
'; ? "1 !t[ton ot lanamarlcoes~gnauon! r
" ~1 '~s hereby amended Lo read as
· "~ :' follows: -
~'- .... ' ~ . Whe~ever a'~ de~i~a'ted. -~ '
" "-' ~AN
.. ' . ...~. . I~d~korh~oricd~ficri~. ~.. .E-hr°r. ,~( ,
' : -2' dgs~oyed or [~,~[eror is ..
..... Rea ster ot Deaga~ed ~nd- .
-- .- * mar~. Prior [o taking tach } ,..~,
r .~[., shaUbe~ven'~ttenn°u~°l~l~"' ~ "'''~ · ~'."/'~ ~9 .
,' * ' sholtbegiv~ ~n oppo~ r~ -.~
:- to apgear,b~e ~e Town
~ ~ ~q i~ hereby ~e~ded tO read
~8 provision~ of ~ cha~
~' .~ has bee~ adop[e~ ia a~
tend the pubEc welf~e by
~'~ historic and/or ~hit~t~-'
. : si~ificam pl~'es, sites, .
? .. ~' a~' portion or t~s
. detet~aed. ; · "N¢~ tarv Public
~. ' ire'alia, such d~erm~ation
' shall not affect or ~e~ in &e ~'~ ~ ~BgRA A SOHNEIDER
~ ~ invalidity of any. other prmi- ~ '?~'' NO[~ ~G: State e[ ~W" Y~rk
~ siou con~n~ in ~is chapten
, y of State ~.~
~,., q~pies o[ this Eoc~ Law '~}
a~a~able in ~e Office of
Toan' Cle;k' to any
' .business ho~s.
DASD: March ~, 1994 : '{ ,~'
I'~ JUdaH T. TERRY'~?
I X-3/31/94(9~
[lbe
be
use,
roperty
xm~na-