HomeMy WebLinkAboutLL-2000 #01Local Law Filing
NEW 'It' } STATE DEPARTMENT OF STATE
41'~ 12a, Tl~ STREET, 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.
IgK-~ of .............................. _s. _o..u. _t.b_o_ ! .d_ ..............................................
Town
Local Law No ................... _1_ ................ of the year
A local law. jrt. __R..e. La..t_i_o_o. _~.~_ _~r0.~ nd}ng__~ho.p_t e_c__ 5_§..~rttitlad..~l.andmar_k_Pr_eser.va tJ~ n"
(In~e. rt Tiff?
_af._the. _G_o~t_e __o£_ l.h.e__X awn. _o_f_$_ouBctol d ................................................
Town
Board
of the
Be It enacted by the .....................
iglOg of .................................... _S._o_.u__t_h_.o_!.c!. ............ Z .......................... as folloWs:
Town
§ 56-3. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
ARCHITECTURAL SIGNIFICANCE -- The quality of a building or structure based on
its date of erection, style and scardty 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.
COMMISSION -- The Landmark Preservation Commission established pursuant to this
chapter.
DESIGNATED LANDMARK - A landmark in the Town of Southold designated
purSUant to the provisions of this Chapter
EXTERIOR ARCHITECTURAL FEATURES -- The architectural style, design, general
arrangement and components of all of the outer surfaces of any building or structure.
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. [Added 4-5-1994 by
L.L. No. 4-1994]
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
South61d. [Amended 4,5-1994 by L.L. No. 4-1994]
LANDMARK - site, structure or building which has historical value or
of architectural design or as part
of the town, county or nation.
Dos-z.390z~-v. 2;98)
)ages the same size as fids sheet, and numl~: eneit.)
LANDMARK DESIGNAT~QN -- The designation of a landmark pursuant to the
provisio~~ ofthls chapter.
STRUCTURE - Any assembly of materials forming a construction framed of component
structural parts for oceup~ or use, including buildings.
STYLE OF ARCHITECTURE [Added 4-5-1994 by L.L. No. 4-1994] -- Style recognized
'by one (1) of the following organizations:
A. The National Register of Historic Places.
B. Historic American Buildings Survey.
C Historic American Engineering Record, United States Department of the Interior,
National Park Service.
D. Division for Historic Preservation, New York State Office of Parks and
Recreation.
E. National Trust for Historic Preservation.
F. Society of Architectural Historians.
§ 56-7.
Review of building permit applications.
A. Every application for a building permit for the reconstruction or alteration of,
including but not limited to demolition or addition to a Designated Landmark, property
inventoried by S.P.L.I.A (Society for the Preservation of Long Island Antiquities), or
property within a designated and listed Historic District, or property otherwise designated
as a landmark by Town, State or Federal agencies shall be referred by 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 has mailed a copy thereof to the applicant or until the
passage of fourteen (14) days from the date of referral, whichever shall first occur.
[Amended 6-13-1995 by L.L. No. 13-1995]
B. The application for a building permit shall not be deemed complete until the
Commission has filed its written comments and recommendations or until 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 contemplated work will have on the exterior architectural
features of the designated landmark. If the Commission recommends modification in the
contemplated work in order to preserve the architectural features of the structure, it shall
suggest such modifications as will'minimize the costs, time and inconvenience to the
owner.
D. In reviewing an application for a building permit, the 'Commission shall consider
only the exterior arcNtectural features of the building or structure. '
E. The comments and recommendations of the 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 prevent the ordinary .and
necessary mais/tenance and repair of any exterior architectural features of a. designated
landmark which does not involve a significant change in design, material or outward
appearaa~ thereof.
This Local Law shall take effect immediately upon filing with the Secretary of State.
(la}
(Complete the certiflcat,
in the paragraph that applies to the fill
strike out that which is not applicable.)
~f this local law and
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No ..............._1. ................... of 2Q_0.0_._
........ of Southold was duly passed by the
of the (IgoX~(~ Ow.n)kvallag09 ....... :-:--:-: ......... -~-- ..................................... 2. .
............... _T_9.~_n__!~.r._d_ .............. on-:l--a-'-n-g-a--r-.Y---!-8 ~ _9.9,0in accordance with the applicable provtstons of law.
(Name o! Leglslatlve 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 (Gounty)(City)(Town)(Village)of ................................................................. was duly passed by the
............. _' ................................. on .................. 19 ---, and was (approved)(not approved)(repassed after
(Name of Legi*latlve Body)
disapproval) by the ............ ~ ..................................... and was deemed duly adopted on .................. 19 ....,
(Elective Chlef Executive Officer*)
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as localiaw 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 Le~ti~e Bo~y)
disapproval) by the ................................................. on- .................. 19 ..... Such loca! law was submitted
(Elective Chief Executive
to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the qualified eleetons voting thereon at the (general)(speeial)(annual) election held on ..................19----, in
accordance with the applicable .provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum .)
I hereby certify that thc local law annexed hereto, designated as local law No .................................... of 19~ ....
of the (County)(City)Crown)(Viilage) of ................................................................. was duly.passed by thc
.................................... ~ .............. on .................. 19 .... , and was (approved)(not approved)(repassed afte'
disapproval) by the ....; ............................................. on .................. 19 .... Such local law was subject t~
permissive referendum and no valid petition requesting such referendum was filed as of .................. 19----, in
accordance with the applicable proviaion~ of law.
wide basis or, i~ there be nOne, the ch~n of the county legislative body, the mayor or a city
or r]~';~'
the supe~or of a town where such officer is vested with the power to approve or veto local laws or ordman
5. (City local law concerning Cha,,er 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 ol
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)(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 York, having been submitted to the elector,
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 unitand a majority of the qu. alified 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 ad6pted in the manner ir
dicated in paragraph ......_1 ..... , above.
Clerk of lhe ~.~uaty legislative body, City, To~('n or Village Clerk
or officer d~signated by-local legislative body
Elizabg~.th A. Neville, Town Clerk
Dale:
(Seal)
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney~ Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
SUFFOLK
COU~ OF
I, the undersigned, hereby certify that the foregoing local~a~ntains the correct text and that all proper proceedin
have been had or taken for the e~zactment of the local~-ow~_~_~_ff~, Y a° ki: E.~q.T n '
Title
]Cigg( of Southold
(3)
RE£BVi
STATE OF NEW YORK
DEPARTMENT Of STATE
4 I STATE STREET
ALBANY, NY I 223 I -000 I
ALEXANDER F. TREADWeLL
SECRETARY OF STATE
~-February 15, 2000.
ELIZABETH A. NEVILLE
TOWN HALL
53095 MAIN ROAD
SOUTHOLD, NY 11971
RE: Town of Southold, Local Law 1, 2000, filed 02/04/2000
The above referenced material was received and filed by this office as indicated.
law filing forms will be forwarded upon request.
Additional local
Sincerely,
Janice G. Durfee
Principal File Clerk
Bureau of State Records
(518) 474-2755
JGD:ml
HTTP ://WWW. DO5. STATE. NY. U S · E-NIAI L: INFO@DOS.STATE.NY,US
Ms. Elizabeth A. Neville:
The foiiowing material has been received
and will be processed for inclusion in your
Code as supplemental pages (where
applicable):
Local law Nos. 1-2000. 2-2000, 3-2000
General Code Publishers
Phone: 8001836-8834
Fa~.. 716/328-8189
Town of Southoid
C/O Clerk's Office
PO Box 1179
Southotd, NY 11971
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFOtLM_ATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
February 2, 2000
CERTIFIFD MAIL
RETURN RECEIPT REQUESTED
New York State Department of State
State Records and Law Bureau
/$1 State Street
Albany, New York 12231
Re: Local Law Numbers I through 3 of 2000
Town of Southold, Suffolk County
Dear Sirs:
In accordance with provisions of Section 27 of the Municipal Home
Rule Law, I an enclosing herewith certified copies of Local Law Numbers 1
2, and 3 of 2000 of the Town of $outhold suitable for filing in your
office.
I would appreciate if you would send me a receipt indicating the
fi~ing of the enclosures in your office. Thank you.
Certified Fee ~ I.q.O
Special Oetiven/Fee
Res~cted Deliver/Fee
.
Very truly yours,
Elizabeth A. Neville
Southold Town Clerk
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York
being duly sworn, says that on the ath day of January 2000
she affixed a notice of which the annexed printed notice is a true copy,
in a proper and substantial manner, in a most public place in the Town of
Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin
Board, Southold Town Hall, $3095 Main Road, Southold, New York.
LEGAL NOTICE - NOTICE OF PUBLIC HEARING ON LOCAL LAW RE:
LANDMARK PRESERVATION. E)glte of Public Hearing: '~5:00 P..M., Tuesday
Jnaury 18, 2000.
Southold Town Clerk
Sworn to before me this
~L~JX day of ~-~,~.. ·
-~ N6tary 4~ublic
PUBLIC HEARING
SOUTHOLD TOWN BOARD
JANUARY 18, 2000
5:00 P.M.
ON THE PROPOSED "LOCAL LAW IN RELATION TO AMENDING CHAPTER 56
ENTITLED "LANDMARK PRESERVATION'.
Present:
Absent:
Supervisor Jean W. Cochran
Justice Louisa P. Evans
Councilman William D. Moore
Councilman Brian G. Murphy
Councilman Craig A. Richter
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
Councilman John M. Romanelli
SUPERVISOR COCHRAN: Louisa, would you read the public notice.
JUSTICE EVANS: "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 21 st day of December, 1999,
A Local Law entitled "A Local Law in Relation to Amending Chapter 56 entitled
"Landmark Preservation of the Code of the Town of Southold". Notice is further given that
the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law
at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 18th day of January,
2000, at 5:00 P.M., at which time all interested persons will be hard.
This proposed "Local Law in Relation to Chapter 56 Landmark Preservation" reads as
follows:
A Local Law in Relation to Amending Chapter 56 entitled "Landmark Preservation" of the Code
of the Town of Southold.
BE IT ENACTED by the Town Board of the Town of Southold as follows:
2
§ 56-3. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
ARCHITECTURAL SIGNII=ICANCE -- The quality of a building or structure based on
its date of ereotion, 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.
COMMISSION -- The Landmark Preservation Commission established pursuant to this
chapter.
DESIGNATED LANDMARK .- A landmark in the Town of Southold desimmted
p~rs, nnt to the provisions of this Chapter
EXTERIOR ARCHITECTURAL FEATURES -- The archite6tural style, design, general
arrangement and components of all of the outer surfaces of any .building or structure.
HISTORIC DISTRICT - Any area which contains plm~es, sites, struotures or buildings
which, have a special character and ambience or historical value or aesthetic imerest and
which represent one (1) o~ more periods or styles of architecture of an era of history and
which cause such area to constitute a distinct section of the town. [Added 4-5-1994 by
L.L. No. 4-1994]
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. [Amended 4-5-1994 by L.L. No. 4-1994]
LANDMARK -- Any place, site, structure or building which has historical Yalue 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.
[Amended 4-5-1994 by L.L. No. 4-1994]
LANDMARK DESIGNATION -- The designation of a landmark pursuant to the
provisions of this chapter.
STRUCTURE -- Any asse_._m_ bly of materials formi~ a construction framed of component
structural pans for occupancy or use, mcludin$ buildings
STYLE OF ARCHITECTURE [Added 4-5-1994 by L.L. No. 4-1994] -- Style recognized
by one (1) of the following organizations:
A. The National Register of Historic Places.
B. Historic American Buildings Survey.
Historic American Engineering Record, United States Department of the Interior,
National Park Service.
D. Divisio~ for Historic Preservation, New York State Office of Parks and
Recreation.
§ 56-7.
National Trust for Historic Preservation.
Society of Architectural Historians.
Review of builgin$ permit applications.
3
A. Every application for a building permit for the reconstruction or alteration of,
including but not limited to demolition or addition to a Designated Landmark. nroperty
inventoried t>¥ S.P.L.I.A (Societ~ for the Pres0rvation of Long Island Antia_uities~. or
pr0pertv within a deaignated and listed Historic District. or property_ otherwise designated
by T 1 ......... j
as a landmark own. State or Federal anencics n,~_~, ~:~,~ ~,. c ~ ~ T A ~
~ shall be referred by 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 has mailed a copy thereof to the applicant or until the passage of fourteen
(14) days fi.om the date of referral, whichever shall first occur. [Amended 6-13-1995 by
L.L. No. 13-1995]
B. The application for a building permit shall not be deemed complete until the
Commission has filed its written comments and recommendations or until the passage of
fourteen (14) days fi.om 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 contemplated work will have on the exterior architectural
features of the designated landmark. If the Commission recommends modification in the
contemplated work in order to preserve the architectural features of the structure, it shall
suggest such modifications as will minimize the costs, time and inconvenience to the
owner.
D. In reviewing an application for a building permit, the Commission shall consider
only the exterior architectural features of the building or structure.
E. The comments and recommendations of the 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 prevent the ordinary and
necessary maintenance and repair of any exterior architectural features of a designated
landmark which does not involve a significant change in design, material or outward
appearance thereof.
4
This Local Law shall take effect immediately upon filing with the Secretary of State.
Copies of this Local Law are available in the Office of the Town Clerk to any interested person
during business hours.
Dated: December 21, 1999. Elizabeth A. Neville, Southold Town Clerk."
I have an affidavit that it was published in The Suffolk Times, and also it is posted on the Town
Clerk's Bulletin Board.
SUPERVISOR COCHRAN: Thank you, Louisa. Is there anyone that would like to address the
Board either pro or con in relation to the change in this Local Law? Anyone like to address the
Town Board? (No response.) If not, I will close the hearing.
~. Neville
Southold Town Clerk
and which represent one ~
periods or styles of architecture ~
era Of .histo~ and Which cause
area to Constitute a distinct section
the 'fown. [Added 4,5-1994
NO. 4-1994] . '
HISTOI~iCAL SIGNIFICAN C~{~' ~i~
The uality0fi~place; site
[fig, district or Structure based
it~, identification With' historic P~}~ ~!
sons Or e;;rents in .the Tdwn
S0uth01d~ [Amended 4-5-1994
L L. No. 4-1994]
structure .or~ building
torical
reason
nation.
No. '4-1994]
LANDMARK
[Added 4-5-1994 by .L.L. No. 4-1
Historic Places.
vation
~i National
. PreserVation; · ii
E Society of':Architectural
-~ torians. : ~:
§56-7. Review of
applicationS. :~
, A. Eve~ a
STATE OF NEW YORK)
)SS:
OF S.U. F~F~L~
~. UL.J l{[~l S' of Mattituck, in said
county, being duly sworn, says that he/she is
IPrincipal clerk of THE SUFFOLK TIMES, a weekly
newspaper, published ~at Mattituck, in the Town of
County of Suffolk and State of New York,
that the Notice of which the annexed is a printed
has been regularly pu.blished in said Newspaper
each week for[ weeks succes-
commencing on the ~o4'/~' 'day
,,OfLULC~f'L,,[ 20 O0 · .,
.J
~'PrinciPal Clerk
to before me this ~
20 DO
JOHN
PUBLIC, STATE GF NEW YORK
4732,513
QUALIFIED IN SUFFOLK COUN_._,TY~,~d
COMMISSION EXPIRES ~,,~AY'31
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTtLiR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hail, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
May 5, 2000
Attention: Shirley Flint
Code Supplementation
General Code Publishers Corp.
72 Hinchey Road
Rochester, New York 1~,62~[
Re: Town of Southold Code
Local Law Numbers 1, 2, & 3 of 2000
Dear Sirs:
Transmitted herewith please find Local Law Numbers 1, 2, F~ 3 of
2000.
Please make the appropriate amendments to the Southold Town Code.
Thank you.
Very truly yours,
Southold Town Clerk
Enclosures
cc: Town Attorney