Town of Huntington, NY
Suffolk County
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Table of Contents
Table of Contents

§ 198-40 Legislative intent.

[Amended 10-23-1984 by Ord. No. 84-ZC-132; 6-17-2003 by L.L. No. 21-2003; 10-21-2014 by L.L. No. 37-2014]
The Town of Huntington was founded in 1653 and is rich in historical, architectural and cultural resources. It is the intention of the Huntington Town Board to preserve the Town's heritage by establishing a policy which will protect, enhance and perpetuate scenic landmarks, historic sites, structures and buildings; promote economic growth by attracting visitors to the community; enhance the cultural, educational and general welfare of the public; foster pride in the accomplishments of the past; and ensure the harmonious, orderly and efficient growth and development of the Town.

§ 198-40.1 Criteria for designation of historic landmarks and districts.

[Added 6-17-2003 by L.L. No. 21-2003]
A. 
The Town Board may designate any parcel of land or structure a historic landmark if, in the determination of the Board, any one (1) of the following factors is applicable and furthers the purpose of this chapter:
(1) 
Possesses special character, or historic or aesthetic interest, or value as part of the broad cultural, political, economic or social history of the Town, region, state or nation; or
(2) 
Is identified with historic personages or is the site of a historic event in the Town, region, state or nation; or
(3) 
Embodies the distinguishing characteristics of a type, period, style or method of architecture or engineering; or
(4) 
Is the work of an important builder, designer, artist or architect whose work has significantly influenced an age; or
(5) 
Because of its unique location or singular physical characteristic, or landscape, topographical features, earthworks or streetscape represents an established and familiar visual or aesthetic feature of the neighborhood; or
(6) 
Is significant for containing elements of design, details, materials or craftsmanship which represent a significant innovation.
B. 
The Town Board may designate any area containing open spaces and/or structures as a historic district if the area:
(1) 
Contains one (1) or more properties and/or structures which meet one (1) or more of the criteria for designation as a landmark; and
(2) 
By reason of possessing such qualities, it constitutes a distinct section of the Town.

§ 198-40.2 Historic Preservation Commission.

[Added 10-23-1984 by Ord. No. 84-ZC-132]
A. 
Purpose. There is hereby created in the Town of Huntington a Historic Preservation Commission for the purpose of conserving, protecting and perpetuating historic landmarks and districts in accordance with the purposes of this article.
B. 
Composition; terms of members.
(1) 
The Historic Preservation Commission shall consist of seven (7) members. Among the membership, there shall be one (1) architectural historian; one (1) historian; one (1) member of the New York State Bar and one (1) real estate expert. In addition, all members of the Commission shall have demonstrated a knowledge of and interest in the history of the community.
(2) 
Members are to be appointed by the Town Board for terms of three (3) years, provided that of those members first taking office, two (2) shall be appointed for one (1) year; two (2) for two (2) years; and three (3) for three (3) years. Members may serve for more than one (1) term and each member shall serve until the appointment of a successor.
(3) 
In the event of a vacancy occurring during the term of a member of the Historic Preservation Commission, the Town Board shall make an appointment to complete the unexpired term of such member and where such member is required to have specific qualifications, such vacancy shall be filled by appointment in the manner herein prescribed with a person having the same qualifications.
(4) 
The Town Historian shall serve as an ex officio nonvoting member of the Commission and as Secretary of the Commission.
[Amended 11-14-1990 by Ord. No. 95-ZC-19243; 6-6-1995 by Ord. No. 95-ZC-196]
(5) 
The members of the Commission shall serve without compensation, except that a stipend may be provided annually for the Secretary of the Commission by resolution and in the discretion of the Town Board.
C. 
Meetings; procedure.
(1) 
The Commission shall meet monthly and at such additional times as the Chairman of the Commission or a majority thereof may determine. The Commission shall keep the minutes of its meeting and proceedings. A quorum of the Commission shall be duly constituted with four (4) of the members present.
[Amended 6-17-2003 by L.L. No. 21-2003]
(2) 
The owner of the parcel of land and/or structure to be considered by the Commission for the purpose of possible designation as a historic landmark shall be given written notice of the date, time and place of the meeting. Said notice by the Commission shall be addressed to the property owner and mailed by regular and certified mail, return receipt requested, to the address shown on the current tax rolls maintained by the Town no later than fifteen (15) days prior to the meeting date. The property owner shall be entitled to address the Commission and to present any written documentation he/she deems advisable. In the event the Commission is to consider the possible designation of a historic district, notice shall be mailed to the owners of all properties and/or structures located within the proposed district. Each property owner shall be given an opportunity to be heard and to present written evidence to the Commission. If notice of such meeting is not provided, or is provided in a manner other than as prescribed herein, an appearance at the meeting by the property owner shall be deemed a waiver of any defect as to the property owned by such person.
[Amended 9-10-2002 by L.L. No. 40-2002; 6-17-2003 by L.L. No. 21-2003]
(3) 
The provisions of § 198-40.2C(2) shall apply to referrals under § 198-41C for a certificate of approval, except that written notice to the applicant of the date, time and place of the meeting shall be mailed by regular mail no later than five (5) days prior to the meeting date.
[Added 9-10-2002 by L.L. No. 40-2002; amended 10-28-2003 by L.L. No. 37-2003]
(4) 
The Commission may adopt such other rules and/or regulations it deems advisable and/or necessary to effectuate the purpose of this article and perform its duties, including rules concerning the election of officers.
[Added 9-10-2002 by L.L. No. 40-2002]
D. 
Powers and duties. The Commission shall:
(1) 
Recommend to the Town Board the designation of particular places, sites, structures and buildings as historic landmarks and the designation of areas as historic districts.
(2) 
Study all propositions for landmark or historic district status, whether initiated by the Commission or by outside applicants, and issue written reports and advisory recommendations concerning the proposals, stating the reasons for the recommendation in compliance with the stated purpose of this article.
(3) 
Study all applications for the certificates of approval required under § 198-41 of this article and issue written reports, decisions and/or recommendations stating the reasons for the determination or recommendation in compliance with the stated purpose of this article, including a recommendation on any restriction or condition that should be established as a condition of approval.
[Amended 10-21-2014 by L.L. No. 37-2014]
(4) 
Review and issue written reports on all municipal proposals relative to uses or structures affecting a designated landmark or historic district.
(5) 
Make studies and inquiries in federal and state grants and tax incentive programs relative to the preservation or rehabilitation of designated historic landmarks and districts.
(6) 
Increase public awareness of the value of historic, architectural and cultural preservation by developing and participating in public information programs.
E. 
Expenses of the Commission. The Commission may pay for expenses incurred in carrying out its duties in implementing the intent of this article within the amounts appropriated by resolution of the Town Board.

§ 198-40.3 Designation of historic landmarks and districts; procedure.

[Added 10-23-1984 by Ord. No. 84-ZC-132; amended 9-10-2002 by L.L. No. 40-2002; 6-17-2003 by L.L. No. 21-2003]
The Town Board may designate a historic landmark or district, subject to the following procedures:
A. 
Property owners may petition the Town Board to designate their parcel of land and/or structure a historic landmark by filing a petition in the Office of the Huntington Town Clerk. A petition for creation of a historic district may be submitted to the Town Clerk if signed by thirty (30%) percent of the property owners in the proposed district.
B. 
The Huntington Historic Preservation Commission may petition the Town Board by filing with the Town Clerk for the designation of a historic landmark or district. The petition of the Commission shall contain the information set forth in § 198-40.3D(2)(a) through (d) and a statement as to whether the property owner, if he/she has appeared and spoken at the meeting of the Commission or submitted documentation to the Commission, is in favor or opposes the designation of his property as a historic landmark and his/her reasons; or, in the case of a proposed historic district, whether individual property owners who have appeared and spoken at the meeting or submitted documentation to the Commission are in favor or oppose the designation, their identities and reasons. The Commission shall mail a copy of its petition to the owner(s) of the parcel of land and/or structure(s) proposed for designation as a landmark; or, in the case of a proposed historic district, to the owners of each parcel and/or structure located within the proposed district, by regular mail at the addresses shown on the assessment rolls of the Town. An affidavit of mailing indicating the name and address of each property owner to which a copy of the petition has been mailed shall be filed with the Huntington Town Clerk by the Commission within ten (10) business days of filing its petition.
[Amended 1-13-2004 by L.L. No. 4-2004]
C. 
In the case of an individual property owner who petitions the Town Board, the petition shall be accompanied by a copy of the latest deed to the property for which a petition is filed. In the event the petition is for a proposed historic district, each property owner petitioning the Board shall submit a copy of the latest deed to his/her own property within the district.
D. 
The Town Clerk shall, within five (5) business days of such filing, forward a copy of each petition and its attachments to the Department of Planning and Environment and to the Historic Preservation Commission for their review and evaluation. The Town Clerk shall also forward a copy of the petition and attachments to each member of the Town Board, the Department of Engineering Services and Town Attorney within such five-day period. In the event the Commission is the petitioner, such filing with the Commission by the Town Clerk is not required.
(1) 
Upon receipt of a petition, the Commission shall gather all relevant information. The Commission may petition the Town Board for permission to hire outside consultants including architects, engineers, planning consultants and other experts. The costs of such expert shall be borne by the Commission. In addition, all Town agencies shall cooperate with the Commission's fact-finding process.
(2) 
Unless otherwise extended by the Town Board, the Commission shall submit its findings and recommendations to the Board, the Town Clerk, the Department of Planning and Environment, the Department of Engineering Services and Town Attorney within ninety (90) days of the Commission's receipt of the petition. In addition, the Commission shall forward a copy of its report to the property owner of the property under review, or, in the case of a proposed historic district, to the owner of each parcel and/or structure located within the district, by regular mail at the addresses shown on the assessment rolls of the Town. The Commission's findings and recommendations shall include a statement as to whether the property owner, who has appeared and spoken at the meeting of the Commission or submitted documentation to the Commission, is in favor or opposes the designation of his property as a historic landmark and his/her reasons; or, in the case of a proposed historic district, whether individual property owners who have appeared and spoken at the meeting of the Commission or submitted documentation to the Commission are in favor or oppose the designation, their identities and reasons. The Commission's report shall be advisory in nature. The following factors shall be considered by the Commission:
(a) 
The age of the proposed landmark, or places and structures within the proposed district and one (1) or more of the factors set forth in § 198-40.1; and
(b) 
The general condition of the proposed historic landmark, or places and structures within the proposed historic district; and
(c) 
The relationship of the proposed historic landmark or district and the immediate surrounding area; and
(d) 
The extent of the hardship such designation would create for the property owner(s).
(3) 
The findings and recommendations of the Historic Preservation Commission shall be available for inspection by members of the public in the Office of the Town Clerk during business hours.
E. 
If, at its sole discretion, the Town Board chooses to entertain the application, it shall schedule a public hearing on the proposed designation of a historic landmark or district within forty-five (45) days of receipt of the Commission's findings and recommendations or of receipt of the report of the Department of Planning and Environment, whichever occurs last. If the Town Board fails to schedule a public hearing within such period then the petition shall be deemed denied in all respects.
[Amended 7-5-2005 by L.L. No. 27-2005]
F. 
Notice of the public hearing shall be published in the official newspaper(s) of the Town by the Town Clerk at least ten (10) days prior to the hearing date. Notice of the public hearing shall be mailed by the Department of Planning and Environment to the owner, as shown on the tax rolls of the Town, of the proposed landmark or, upon the owner of each parcel and/or structure located within the proposed historic district by regular mail at least ten (10) days in advance of the hearing. In addition, notice thereof shall be mailed by the Department of Planning and Environment by regular mail upon the owners, as shown on the tax rolls of the Town, of all properties lying within two hundred (200) feet of the exterior boundary lines of the proposed historic landmark or district. A copy of the notice and proof of mailing shall be filed in the Office of the Huntington Town Clerk by the Department of Planning and Environment no later than four (4) days prior to the hearing.
[Added 7-5-2005 by L.L. No. 27-2005[1] ]
[1]
Editor's Note: This local law also redesignated former Subsections F through K as G through L, respectively.
G. 
The Town Board may on its own motion call witnesses, including architects, engineers, planning consultants or other experts, and may consider such other evidence it deems necessary or advisable at the public hearing.
H. 
In determining whether or not to designate a new historic landmark or district, the Town Board shall consider the factors listed in § 198-40.1; the testimony of the property owner or purchaser; the testimony of any expert presented by the owner or purchaser; and the findings and recommendations of the Historic Preservation Commission. The Commission's report is advisory in nature and the final decision is reserved to the Town Board.
I. 
Within ninety (90) days of the public hearing, the Town Board shall render its decision on the proposed designation. If the Town Board fails to act within ninety (90) days, or fails to extend the period in which to act, the designation shall be deemed to have been denied.
J. 
The decision of the Town Board is final and shall be filed in the Office of the Town Clerk. The Board's decision shall be forwarded by the Department of Planning and Environment to the owners of all properties considered by the Board, by regular mail within fourteen (14) days of the Town Board's decision.
K. 
The Department of Planning and Environment shall notify the Department of Engineering Services, the Planning Board, and the Zoning Board of Appeals of the designation of a new historic landmark or district.
[Amended 1-13-2004 by L.L. No. 4-2004]
L. 
The Town Board's designation of historic landmarks or districts shall be recorded as an amendment to this chapter. In the case of a historic district, its boundaries shall be clearly and accurately set forth.

§ 198-40.4 Moratorium on the issuance or release of permits and other approvals while designation pending.

[Added 10-23-1984 by Ord. No. 84-ZC-132; amended 6-17-2003 by L.L. No. 21-2003; 1-13-2004 by L.L. No. 4-2004]
No work shall be commenced and no building permit or other approval shall be granted, issued or released to erect, reconstruct, repair, restore, rehabilitate, renovate, alter, change, demolish, raze or move a proposed historic landmark or any open space or structure within a proposed historic district from the date of filing of a petition in the Office of the Town Clerk to the date a final decision is rendered by the Town Board; and if no decision is rendered, until the expiration of ninety (90) days from the date of the public hearing, unless otherwise extended by the Town Board.

§ 198-40.5 Revocation of designation; petition for hardship.

[Added 10-23-1984 by Ord. No. 84-ZC-132; amended 6-17-2003 by L.L. No. 21-2003]
A. 
The Town Board, after a public hearing held on notice as in § 198-40.3(F), may revoke the designation of any portion of a historic landmark or district, including any open space or structure thereon, and may alter the boundaries of a historic district, in whole or in part, provided the owner has filed a petition with the Huntington Town Clerk for such relief. The petitioner shall demonstrate, to the satisfaction of the Town Board, that there has been a substantial change in one (1) or more of the factors set forth in § 198-40.1 and/or that the designation has created an unreasonable hardship. Withdrawal of a designation, in whole or in part, shall be reserved for rare instances where change or deterioration, not attributable to any deliberate conduct on the part of the owner, his agent, or occupier of the property, has made continued historic designation inconsistent with the purpose of this article and/or the designation, in whole or in part, has worked an unreasonable hardship upon such owner. Failure to maintain the property shall be deemed a self-created hardship.
[Amended 7-5-2005 by L.L. No. 27-2005]
B. 
The burden is upon the petitioner to establish that there has been a substantial change and/or the existence of hardship which is not self-created. In the case of hardship, the petitioner must provide evidence of the following to the satisfaction of the Board:
(1) 
The property is incapable of earning a reasonable return, regardless of whether the return represents the most profitable return possible, if the designation is not revoked, in whole or in part, by the Board. The petitioner shall provide dollars-and-cents proof to demonstrate to the satisfaction of the Board that the claim of hardship is well-founded; and
(2) 
The property can not be adapted for any other use permitted by the Zoning Ordinance in the zoning district in which the property is located, whether by the current owner or by a purchaser, which would result in a reasonable return; and
(3) 
It must be demonstrated that reasonable good faith efforts to find a purchaser interested in acquiring and preserving the property have failed.
C. 
A petition for revocation of a historic designation shall be signed by the owner and filed in the Office of the Town Clerk with an processing fee of two hundred fifty ($250) dollars. The petition shall be filed with a copy of the current deed to the property and copies of any rental agreements concerning the property in effect within three (3) years prior to the application date. The owner may submit such other documentation as he/she deems necessary or relevant. The petition shall be on file in the Office of the Huntington Town Clerk for public inspection during business hours. If the property is located within a historic district a copy of the petition and all attachments thereto shall be mailed by the owner/petitioner to the owners of all properties located within the district by regular mail at the addresses shown on the assessment rolls of the Town. In every case, the owners of properties lying within two hundred (200) feet of the exterior boundary lines of the subject parcel or district, if the property is within a district, shall also be notified in the same manner by the petitioner. A copy of the notice and proof of mailing shall be filed in the Office of the Huntington Town Clerk by the petitioner within five (5) business days of the date of filing.
D. 
The Town Clerk shall forward a copy of each petition filed as in § 198-40.3D. The Commission shall consider the petition and may hire such consultants it deems advisable, upon the consent of the Town Board. The costs of such consultant shall be borne by the Commission.
E. 
Unless otherwise extended by the Town Board, the Commission shall submit its written findings and recommendations to the Board, the Town Clerk, the Department of Planning and Environment, the Department of Engineering Services and Town Attorney within ninety (90) days of the Commission's receipt of the petition for revocation of a historic designation. In addition, the Commission shall forward a copy of its report to the property owner of the property under review, or, in the case of a property located within a historic district, to the property owners of each parcel located within the district, by regular mail at the addresses shown on the assessment rolls of the Town.
F. 
The public hearing shall be noticed, held and decided in accordance with the procedures in § 198-40.3(F), (G), (I) and (J). The Town Board's decision revoking the designation shall be recorded as an amendment to this chapter.
[Amended 7-5-2005 by L.L. No. 27-2005]
G. 
In determining whether or not to revoke the designation, in whole or in part, the Town Board shall consider the factors in § 198-40.1; the testimony of the petitioner and petitioner's experts; and the findings and recommendations of the Historic Preservation Commission. The Commission's report shall be advisory in nature and the final decision is reserved to the Town Board.

§ 198-40.6 Maintenance and repair required.

[Added 6-17-2003 by L.L. No. 21-2003[1]]
A. 
No owner, occupier or person with an interest in a historic landmark, or in any open space, place or structure within a historic district shall permit the same to fall into a serious state of disrepair so as to result in the deterioration of any exterior or scenic feature, including but not limited to:
(1) 
Deterioration of exterior walls or other vertical supports;
(2) 
Deterioration of roofs or other horizontal members;
(3) 
Deterioration of exterior chimneys;
(4) 
Deterioration or crumbling of exterior facade, stucco, shingles or mortar;
(5) 
Ineffective waterproofing of exterior walls, roofs or foundations, including broken windows or doors;
(6) 
Deterioration of any feature so as to create a hazardous and unsafe condition which may result in a claim that demolition, in whole or in part, is necessary to protect the public health or safety;
(7) 
Material deterioration of the aesthetic or scenic appearance of any portion of the open space or real property including its topographical features and earthworks.
B. 
An owner, occupier or person with an interest in a historic district, or in any open space, place or structure within a historic district who causes, permits and/or allows the same to fall into a serious state of disrepair shall be in violation of this section, and in addition to any other penalty imposed by law, shall be required to restore the open space, place or structure to its appearance prior to the violation.
[1]
Editor's Note: This local law also repealed former § 198-40.6, Recording of designation with deed, added 10-23-1984 by Ord. No. 84-ZC-132.

§ 198-41 Certificate of approval required; procedure.

[Amended 8-10-1971 by Ord. No. 71-ZC-18; 12-7-1976 by Ord. No. 76-ZC-68; 2-6-1979 by Ord. No. 79-ZC-91; 7-10-1984 by Ord. No. 84-ZC-131; 9-11-1984 by Ord. No. 84-ZC-134; 6-17-2003 by L.L. No. 21-2003[1] ]
A. 
Certificate of approval required; intent.
(1) 
Prohibition. No work shall be commenced and no Town department or Board shall grant, issue or release a building permit or other approval to erect, construct, reconstruct, repair, restore, renovate, rehabilitate or alter a structure designated as a historic landmark, or any structure within a historic district if it will change the exterior design or scenic or aesthetic appearance thereof unless a certificate of approval has been granted by the Town Board or Historic Preservation Commission, as the case may be; and no improvement or structure designated as a historic landmark or located within a district shall be moved, demolished or razed, in whole or in part, unless such certificate of approval has been approved. The provisions of this section shall apply equally to open spaces or parcels of land designated as historic landmarks or located within historic districts including any change or alteration to their aesthetic appearance, or topographical features, earthworks, streetscape and/or landscape. An owner, occupier or person with an interest in a historic landmark, or in any open space, parcel of land, place or structure within a historic district who causes, permits and/or allows any act prohibited by this section shall be in violation thereof, and in addition to any other penalty imposed be required to restore the open space, parcel of land, place or structure to its appearance prior to the violation.
[Amended 1-13-2004 by L.L. No. 4-2004; 10-21-2014 by L.L. No. 37-2014]
(2) 
Nothing contained in this article is intended to prohibit the construction, reconstruction, maintenance, repair, alteration, improvement or rehabilitation of public highways, streets, roads, walkways, sidewalks, bridges, culverts, sewer and drainage facilities, water facilities and other public property by Town, county, state and federal agencies or utility companies as long as the site is restored to its original condition.
(3) 
Nothing contained in this article is intended to prevent changes to the interior of a historic landmark, or to any open space or structure within a historic district; or intended to prevent the ordinary maintenance and such repairs as do not change an exterior architectural feature, the exterior design, material or outward appearance, streetscape, earthworks, topographical features or landscaping of a historic landmark, or to any open space or structure within a historic district.
(4) 
This article is not intended to prevent the erection, construction, reconstruction, restoration, rehabilitation, repair, alteration or demolition of any part of an existing exterior feature, or facade which, in the opinion of the Director of Engineering Services or his designee, presents an immediate safety hazard and requires immediate emergency repair to preserve the historic landmark; or the open space or structure within a historic district; or to safeguard the health and safety of occupants or other persons. The term "emergency repair" shall not include major replacements/repairs, and is limited to the work necessary to stabilize the historic landmark; or the open space or structure within a historic district; or to protect the safety of occupants or the public. No additional work is to be performed until a certificate of approval has been requested by the applicant and granted by the Town Board or Historic Preservation Commission, and all other required approvals and permits are obtained.
[Amended 10-21-2014 by L.L. No. 37-2014]
(5) 
This article is not intended to relieve a property owner from obtaining a building or demolition permit from the Department of Engineering Services or other approvals required by local, state and federal laws, rules, regulations and ordinances. The work performed shall be in compliance with all applicable requirements.
B. 
Blighted properties. Where a structure which has been designated as a historic landmark or is located within a historic district has been determined to be blighted and is being processed for non-compliance pursuant to § 156-67 of the Town Code (Blighted Properties), the Town Attorney shall notify the Huntington Historic Preservation Commission of such action. The Commission shall act in an advisory capacity and shall submit its written findings and recommendations to the Town Board, Town Clerk, Department of Engineering Services, Town Attorney and property owner or person-in-charge of the property within forty-five (45) days of receipt of such notification. In the event the Town Board orders remedial work to be performed including demolition of a structure, it shall first consider the Commission's findings and may accept or reject, in whole or in part, with or without conditions any portion thereof. The Board may simultaneously approve the issuance of a Certificate of Approval for any work that is ordered if same is applicable. The provisions of this section shall apply equally to open spaces or parcels of land designated as historic landmarks or located within historic districts including any change or alteration to their aesthetic appearance, or topographical features, earthworks, streetscape and/or landscape.
[Amended 10-21-2014 by L.L. No. 37-2014]
C. 
Application. An application for a certificate of approval shall not be accepted for filing by the Department of Engineering Services unless it is complete and accompanied by all required documents. An application fee in an amount determined by the Department of Engineering Services shall be payable at the time of application. Each applicant shall submit an original and four (4) copies of a fully completed application form; five (5) sets of original plans and specifications of the work to be done; and five (5) sets of such other documentation deemed necessary by the Department of Engineering Services. The Department shall forward one (1) copy of the application form, an original set of plans and specifications and one (1) copy of each additional document submitted by the applicant to the Historic Preservation Commission for its review. The Historic Preservation Commission shall initially review the application to determine whether Town Board review in accordance with § 198-41D, E & F is required. In all cases, the application shall be reviewed by the Town Board unless it clearly meets one of the following exceptions, in which case it shall be reviewed by the Historic Preservation Commission in accordance with § 198-41K.
[Amended 10-21-2014 by L.L. No. 37-2014]
(1) 
Additions to a historic structure, as long as the structure as it existed on October 21, 2014 comprises at least 80% of the square footage of the completed structure, as determined by the Director of Engineering in his sole discretion. The burden of proof shall be on the applicant to prove that the standard has been met.
(2) 
Partial demolition of a historic structure, as long as at least 75% of the square footage of the structure as it existed on October 21, 2014 remains in tact, as determined by the Director of Engineering in his sole discretion. The burden of proof shall be on the applicant to prove that the standard has been met.
(3) 
Additions to non-contributing structures.
(4) 
Demolition of non-contributing structures.
(5) 
The construction of new structures on non-contributing properties in a historic district.
(6) 
Moving any structure to a new location on the same property or to another property.
(7) 
Installation of a swimming pool, hot tub, solar panels, decks, sheds of 200 sq. ft. or less, and fences (where a building permit is required).
(8) 
Construction of accessory structures up to 200 square feet in size.
D. 
The Huntington Historic Preservation Commission, except as noted in C above, shall act in an advisory capacity to the Town Board and shall submit its written findings and recommendations to the Town Board, Town Clerk, Department of Engineering Services, Town Attorney and applicant within ninety (90) days of the date of its receipt of an application for a certificate of approval. The Commission's report shall describe the extent to which the proposed work meets the criteria in § 198-41G, H and/or I. If the recommendation is for disapproval or approval with conditions, the Commission shall also state its reasons for such disapproval or conditioned approval of the work and may include suggested changes to the plan which if implemented would be accepted by the Commission.
[Amended 10-21-2014 by L.L. No. 37-2014]
E. 
The Department of Engineering Services shall forward a copy of the application form and such other documentation as deemed necessary by the Department to the Town Board. The Town Board shall hold a public hearing to consider the application within ninety (90) days of its receipt of the Commission's findings and recommendations. Notice of the public hearing shall be published by the Town Clerk in the official newspaper(s) of the Town at least ten (10) days prior to the hearing date. In addition, the applicant shall notify the owners of all properties lying within two hundred (200) feet of the exterior boundary lines of the parcel being considered (for work on the open space or structure thereon), of the date, time and place of the public hearing, by regular mail to the addresses shown on the assessment rolls of the Town no less than ten (10) days before the hearing date. A copy of the notice and proof of mailing shall be filed in the Office of the Town Clerk by the applicant no less than four (4) days before the hearing date.
F. 
At the public hearing, the Town Board, on its own motion, may call witnesses, including architects, engineers, planning consultants or other experts, and may consider such other evidence it deems necessary or advisable.
G. 
In evaluating an application for a certificate of approval to alter, repair, renovate or change the exterior or scenic appearance or design of any historic landmark, or any open space or structure within a historic district, the Town Board shall consider the purpose of this article; the testimony of the property owner or purchaser and his/her experts; the report of the Huntington Historic Preservation Commission; and the advice, if any, of the Town Historian. It shall also give consideration to any one (1) or more of the following factors:
(1) 
The impact of the proposed change on the special character or architectural, engineering, cultural, historic or aesthetic interest or value of the historic landmark and the impact, if any, to the surrounding historic district, if within a district;
(2) 
Whether the proposed action is compatible with the special character or architectural, engineering, cultural, historic or aesthetic interest or value of the landmark and whether the proposed action is compatible with the surrounding historic district, if within a district;
(3) 
The general design, character and appropriateness of the proposed action to the property itself, surrounding properties and the neighborhood;
(4) 
The scale of the proposed construction or alteration in relation to the property itself, surrounding properties and the neighborhood;
(5) 
Whether the proposed construction or alteration is visually compatible with the textures, materials and colors of the facade and roof of the existing building or structure, and its proportion and configuration;
(6) 
The legally-permitted use of the property and of the improvements, buildings and structures therein;
(7) 
Any other factor which in the opinion of the Town Board is relevant and/or necessary.
H. 
In evaluating an application for a certificate of approval to raze or demolish, in whole or in part, any structure which has been designated a historic landmark or which is located within a historic district, the Town Board shall consider the purpose of this article; the testimony of the property owner or purchaser and his/her experts; the report of the Huntington Historic Preservation Commission; and the advice, if any, of the Town Historian. It shall also give consideration to any one (1) or more of the following factors:
(1) 
The special character or architectural, engineering, cultural, historic or aesthetic interest or value of the structure;
(2) 
If it is within a historic district, the significance of the structure in relation to the special character or architectural, engineering, cultural, historic or aesthetic interest or value of the district and the probable impact of its removal on the district;
(3) 
Its structural condition and the economic feasibility of alternatives to the proposal. Consideration shall be given to whether deliberate or negligent conduct on the part of the owner, his agent, or occupier of such structure has contributed to its structural condition and/or physical deterioration, and whether the public health and safety would be benefitted by razing or demolishing the same;
(4) 
Its importance to the Town and the extent to which its special character or architectural, engineering, cultural, historic or aesthetic interest or value is such that its removal would be detrimental to the public interest or its retention would benefit the community;
(5) 
The legally-permitted use of the property and of the structures therein;
(6) 
Any other factor which in the opinion of the Town Board is relevant and/or necessary.
I. 
In evaluating an application for a certificate of approval to move any structure which has been designated a historic landmark or which is located within a historic district, the Town Board shall consider the purpose of this article; the testimony of the property owner or purchaser and his/her experts; the report of the Huntington Historic Preservation Commission; and the advice, if any, of the Town Historian. It shall also give consideration to any one (1) or more of the following factors:
(1) 
The historic, architectural, engineering, cultural or aesthetic loss of the structure to the original site and to the district as a whole, if applicable;
(2) 
The reasons for not retaining the structure at its present location and the economic feasibility of alternatives to the proposal;
(3) 
Its structural condition and the probability of significant damage to the structure itself;
(4) 
The compatibility, nature and character of the current and proposed location as they relate to the protection, preservation and enhancement of the structure;
(5) 
The legally-permitted use of the property and of the structures therein;
(6) 
Any other factor which in the opinion of the Town Board is relevant and/or necessary.
J. 
Within ninety (90) days of the public hearing, the Town Board may approve an application, in whole or in part, and with or without special conditions or modifications, or may deny the application. Unless extended by the Town Board, the application shall be deemed denied if the Board fails to act within such ninety-day period. The Department of Engineering Services shall mail a copy of the Board's decision to the applicant; or if the Town Board has permitted the ninety-day period to expire without extension, the Department of Engineering Services shall provide the applicant with notice of such denial. Said decision or notice of denial shall be mailed by regular mail to the address shown on the application for a certificate of approval. The decision of the Board is final as to the Town of Huntington and the resolution, if one is generated, shall be filed in the Office of the Town Clerk.
K. 
Building permit applications that do not have to be reviewed by the Town Board pursuant to § 198-41C will be required to obtain certificates of approval from the Historic Preservation Commission. Public hearings will not be held, and applications may be approved or denied, in whole or in part, by the vote of a simple majority of the Commission. The Historic Preservation Commission shall review applications in accordance with the guidelines provided in § 198-41G, H and I. Any applicant aggrieved by the determination of the Historic Preservation Commission may appeal the determination in writing within twenty (20) days of receipt of the Commission's determination by filing an appeal with the Huntington Town Clerk together with an application fee of one hundred ($100) dollars. The appeal shall be filed with a copy of the Commission's determination, any written objections the applicant may have to the determination, and any other information the applicant deems advisable or necessary. The applicant must also demonstrate that a true copy of the appeal has been mailed to the Huntington Historic Preservation Commission. The Town Clerk shall forward a copy of the appeal to the Town Attorney for further processing.
[Added 10-21-2014 by L.L. No. 37-2014[2]]
[2]
Editor's Note: This local law also redesignated former Subsection K as Subsection M.
L. 
Administrative hearing. An administrative hearing on an appeal of the Commission's ruling shall be held before a duly appointed Administrative Hearing Officer. Hearings may be adjourned only upon good cause shown. At the administrative hearing the applicant shall be entitled to be represented by legal counsel and provided with an opportunity to be heard. The applicant may present the testimony of witnesses, experts and other evidence in his or her own behalf as he or she deems advisable. The Commission may appear and give testimony in support of its determination if it deems necessary. All hearings shall be recorded. The Hearing Officer shall consider the written objections, the Commission's report, and other evidence or testimony and may adopt or reject, in whole or in part any portion thereof. The Hearing Officer shall submit his or her findings and recommendations to the Huntington Town Board for ultimate determination within thirty (30) days of the close of the hearing. A copy of the Hearing Officer's report shall be filed with the Town Clerk and mailed to the applicant and Historic Preservation Commission by regular mail, or registered or certified mail, return receipt requested. The Town Board may consider the report and accept or reject, in whole or in part, the findings and recommendations of the Hearing Officer with or without conditions as it deems advisable. A copy of the Town Board resolution shall be mailed by the Town Attorney to the applicant by regular mail, or registered or certified mail, return receipt requested. The decision of the Town Board shall be filed by operation of law with the Huntington Town Clerk and shall be final.
[Added 10-21-2014 by L.L. No. 37-2014]
M. 
In every case where a certificate of approval has been granted by the Town Board or Historic Preservation Commission, the Director of Engineering shall issue a building permit or other approval, provided that the proposed work complies in all respects with the conditions and modifications imposed by the approving Board; the applicable provisions of the Codes of the State of New York; and the Code of the Town of Huntington. No work shall commence until a building permit and all other necessary approvals are issued by the Town of Huntington and any other agency having jurisdiction. A person or business entity who commences work, or causes and/or permits the work to be commenced, without the issuance of a building permit and all other necessary approvals shall be in violation of this chapter.
[Amended 1-13-2004 by L.L. No. 4-2004; 10-21-2014 by L.L. No. 37-2014]
[1]
Editor's Note: This local law also redesignated former § 198-41, Designation of sites and buildings, as § 198-42, and former § 198-42, Certificate of approval, as § 198-41.

§ 198-42 Designation of sites and buildings.

A. 
Each of the following parcels of land in the Town is hereby designated by the Town Board as a Historic District or site, and each shall be appropriately delineated on the official Building Zone Map of the Town of Huntington and in the Town Code, either by metes and bounds and/or by the section, block and lot number of the Suffolk County Tax Map and/or by street address:
[Amended 2-10-1998 by L.L. No. 7-1998; 7-1-1998 by L.L. No. 32-1998]
(1) 
Long Island Motor Parkway, also known as "Vanderbilt Parkway," the right-of-way of the above-named highway from Half Hollow Road to the border between Huntington and Smithtown.
[Added 9-26-1972 by Ord. No. 72-ZC-39]
(2) 
West Neck Road, beginning on the north side of Route 25A to its terminus at the boundary line of the Incorporated Village of Lloyd Harbor.
[Added 1-20-1976 by Ord. No. 76-75-ZC-60]
(3) 
In the Cold Spring Harbor section of the Town of Huntington, as more particularly described below. All sections, blocks and parcel numbers referred to herein appear on the Tax Map of the County of Suffolk and are wholly within District 0400, said map being the official Tax Map for the Town of Huntington, which is on file in the Assessor's office of the Town of Huntington as of the eighteenth (18th) day of May 1976.
[Added 9-14-1976 by Ord. No. 76-ZC-63]
NOTE: The Tax Map (parcel, lot and block) designations in this description are listed in geographic and not numerical order.
(a) 
The following-numbered parcels in their entirety are within said Historic District:
Section
Block
Parcel Number
016
06
07
016
06
08
016
06
010
016
06
011
016
06
012
016
06
015
016
06
016
016
06
017
016
06
018
016
06
021
016
06
022
016
06
023
016
07
001.1
016
07
008
016
07
007
016
07
006
016
07
009
016
07
017
017
02
025
017
02
029
066
01
001
066
01
026
066
01
025
066
01
024
066
01
023
066
01
022
066
01
021
063
05
029
063
05
030
063
05
031
063
05
032
063
05
033
063
05
034
063
05
035
063
05
001
063
05
002
063
03
034
063
03
033
063
03
032
063
03
031
063
03
030.1
063
03
030.2
063
03
029
063
03
028
063
03
027
063
03
026
063
03
025
063
03
024
063
03
023
063
03
022
063
03
021
063
03
020
063
03
017
063
03
008
063
03
013.3
063
03
013.2
063
03
013.1
063
03
012
063
03
011
063
03
010
063
03
002
063
03
001
063
02
030
063
02
029
063
02
028
063
02
027
063
02
026
063
02
025
063
02
024
063
02
023
063
02
022
063
02
020
063
02
019
063
02
018
063
02
017
063
02
016
063
02
015
063
02
014
063
02
013
063
02
012
063
02
011
063
02
010
063
02
009
063
02
008
063
02
007
063
02
006
063
02
004
063
02
003
063
02
002
063
02
001
063
01
002
063
01
003
064
01
001
064
01
002
064
01
003
064
01
004
064
01
005
064
01
006
064
01
007
064
01
008
064
01
009
064
01
010
064
01
011
064
01
013
064
01
014
064
01
015
064
01
016
064
01
017
064
01
018
064
01
019
064
01
020
064
01
021
064
01
022
064
01
023
064
01
023.1
064
01
024
064
01
025
064
01
026
064
01
027.1
064
01
027.2
064
01
030
064
01
034
064
01
035
064
01
033
064
01
032
064
01
031
064
01
036
064
01
037
064
01
042
064
01
040
064
01
053
064
01
054
064
01
055
088
01
001
088
01
002
088
01
003
088
01
004
088
01
005
088
01
006
088
01
007
088
01
008
088
01
009
089
01
007
089
01
008
089
01
009
089
01
010
016
02
005
016
02
006
016
02
007
(b) 
The following-numbered parcels are bisected by the Historic District zone line which is one hundred fifty (150) feet in depth and parallel to the east line of Harbor Road, New York State Route 25A:
Section
Block
Parcel Number
063
03
018
063
03
015
063
03
014
064
01
043
064
01
041
064
01
039
(c) 
The following-numbered parcels are bisected by the Historic District zone line which is two hundred (200) feet in depth and parallel to the east line of Shore Road:
Section
Block
Parcel Number
016
02
001
016
02
002.2
016
02
003
016
02
004
016
02
013
016
02
008
016
07
001.1
(d) 
The following-numbered parcels are bisected by the Historic District zone line which is two hundred (200) feet in depth and parallel to the north line of Spring Street:
Section
Block
Parcel Number
016
07
001.1
016
07
001.2
016
07
002
016
07
003
016
07
004
016
07
005
(e) 
The following-numbered parcels are bisected by the Historic District zone line which is two hundred (200) feet in depth and parallel to the east and west lines of Goose Hill Road:
Section
Block
Parcel Number
017
01
001
017
01
002
017
01
003
017
01
004
017
01
005
017
01
006
017
01
007
017
02
001
017
02
005
017
02
006
017
02
008
017
02
009
017
02
007
017
02
010
017
02
011
017
02
012
017
02
013
017
02
015
017
02
016
017
02
017
017
02
018
017
02
019
017
02
021
017
02
022
017
02
023
017
02
024
017
02
026
017
02
028
016
04
007
016
04
008
016
04
009
016
04
010
016
04
011
016
04
023
016
05
009
016
06
006
(4) 
Old Town Hall. Certain parcels of land, together with the buildings thereon, located on the north side of Main Street, generally between Stewart Avenue and Gibson Avenue, and on the south side of Main Street in the vicinity of Stewart Avenue and Nassau Road, more specifically described by the following number designations as derived from the official Tax Map for the Town of Huntington:
[Added 8-21-1979 by Ord. No. 79-ZC-92]
Section
Block
Parcel Number
072
02
016
072
02
018
072
02
020
072
02
021
072
02
022
072
02
023
072
02
024
072
02
025
072
04
017
072
04
087
072
04
092
072
05
001
072
05
002
(5) 
Certain cemeteries in the Town of Huntington as more particularly described below. All sections, blocks and parcel numbers referred to herein appear on the Tax Map of the County of Suffolk and are wholly within District 0400, said map being the official Tax Map for the Town of Huntington, which is on file in the office of the Assessor of the Town of Huntington:
[Added 7-22-1980 by Ord. No. 80-ZC-94]
Cemetery
Section
Block
Lot
Barkers Lane Cemetery
201
01
51
Blatchley Cemetery
213
02
51
Brown's Cemetery
180
01
84
Brush Cemetery
226
02
02
Brush Cemetery
090
03
1.2
Buffet Cemetery
132
06
71
Burr Cemetery
221
02
80
Burr Cemetery
187
01
32
Caledonia Hills Cemetery
246
02
105
Carll Cemetery
252
02
114
CarIl Cemetery
247
03
32
Carman Cemetery
260
02
57.1
Chichester Cemetery
231
02
21
Crabmeadow Cemetery
010
02
43
Crossman Cemetery
278
01
33
Dennis Cemetery
078
02
25
Dix Hills Cemetery
207
02
35
Elwood Road Cemetery
174
01
39
Ft. Salonga Cemetery
053
01
75
Gardiner Cemetery
157
02
70
Gardiner Cemetery
005
01
13
Gaylore Cemetery
209
01
57
Greenmeadow Cemetery
132
03
73
Hannah Wicks Cemetery
015
05
12.2
Heritage Hill Cemetery
063
04
34
Jones Cemetery
088
01
07
Ketcham Cemetery
256
01
18
Larkin Road Cemetery
203
01
53
Little White Church in the Wildwood Cemetery
265
02
12
Makamah Road Cemetery
011
01
60
Middleville Cemetery
061
02
78
Northport Cemetery
081
02
05
Nostrand Cemetery
261
03
113
Oakes Cemetery
212
01
58
Old Bridge Cemetery
087
01
71
Rome Cemetery
231
02
20
St. John's Cemetery
071
03
36
Smith Cemetery
255
01
23
Smith Cemetery
151
02
66
Totten Cemetery
174
02
46
Vail Cemetery
108
01
15
Valentine Cemetery
232
02
42
Van Cott Cemetery
262
02
148
Van Wyck Cemetery
226
04
17
Wood-Buffett Cemetery
247
01
104
Woolsey Cemetery
277
03
44
(6) 
Old Huntington Green Historic District: certain parcels of land, together with the buildings thereon, generally located on the east and west side of Park Avenue and on the north and south side of Main Street and East Main Street, Huntington, New York, and more specifically described by the following number designations as derived from the official Tax Map for the Town of Huntington:
[Added 11-25-1980 by Ord. No. 80-ZC-1996; amended 7-13-1982 by Ord. No. 82-ZC-114; 11-26-1985 by Ord. No. 85-ZC-149; 9-14-2004 by L.L. No. 24-2004; 10-16-2007 by L.L. No. 34-2007]
Section
Block
Parcel Number
027
03
003
027
03
004
027
03
005
027
03
006
027
03
007
027
03
008
027
03
009
027
03
010
027
03
011
027
03
012
027
03
013
027
03
014
027
03
015
027
03
016
027
03
017
027[1]
03
0400
028
03
014.100
028
04
001
028
04
002
028
04
062
028
04
063
028
04
076
028
04
077
071
03
028
071
03
029
071
03
030
071
03
031
071
03
032
071
03
033
071
03
034
071
03
035
071
03
036
071
03
037
071
03
068
071
03
069
071
03
070
071
03
071
071
03
072
071
03
095
071
03
096
072
06
051
072
06
052
073
01
001
073
01
*002
073
01
003
073
01
004
073
01
*021
073
01
024
073
01
029
073
01
030
073
01
032
073
01
033
073
01
034
073
01
035
073
01
036
073
01
037
073
01
038
073
01
039
073
01
040
073
01
041
073
01
042
073
01
043
073
01
044
073
01
045
073
01
046
073
02
001
073
02
002
073
02
003
073
02
004
073
02
005.001
073
02
005.002
073
02
005.003
073
02
006
073
02
007
073
02
008
073
02
009
073
02
010
073
02
011
073
02
012
073
02
013
073
02
014
073
02
015
073
02
016
073
02
017.2
073
02
036
073
02
037
073
02
038
073
03
020
073
03
021
073
03
022
074
02
017
074
02
018
074
02
019
074
02
020
074
02
021
074
02
022
074
02
023
074
02
024
074
02
025
074
02
026
074
02
027
074
03
019
074
03
020
074
03
021
074
03
022
074
03
023
074
03
024
074
03
025
074
03
026
074
03
027
074
03
028
074
03
029
074
03
030
074
03
031.2
074
03
031.3
074
03
031.4
074
03
031.5
074
03
032
074
03
033
074
03
034.3
074
03
034.4
074
03
034.5
074
03
041
074
03
042
097
02
103
097
02
104
097
02
105
097
02
106
097
02
107
097
02
108
097
03
001
097
03
002
097
03
014
097
03
015
097
03
016.1
097
03
016.2
097
03
017
097
02
102.1
097
02
101, 102.2
097
02
100
097
02
099
097
02
098
097
02
097
097
02
096
097
02
095
097
02
094
097
02
093
097
02
092
097
02
091
097
02
090
097
03
018
097
03
025
102
01
001, 003
102
01
005.4
102
01
005.3
102
01
005.2
102
01
006
102
01
007
102
01
008
102
01
009
[1]
Editor's Note: This entry was added 7-18-1982 by Ord. No. 82-ZC-114. Ordinance No. 82-ZC-114 also provided that the described parcel of land shall be as shown on the map outlined "Proposed Extension to the Old Huntington Green Historic District," dated 8-5-1981.
(7) 
Sweet Hollow Historic District. Certain parcels of land, together with the buildings thereon, generally located on Old Country Road and Sweet Hollow Road in Melville, and more specifically described by the following number designations as derived from the official Tax Map for the Town of Huntington, New York, as shown on the map entitled "Sweet Hollow Historic District," prepared by the Huntington Town Planning Department, dated May 1982, and said map is hereby made a part of the official Building Zone Map of the Town of Huntington:
[Added 4-26-1983 by Ord. No. 83-82-ZC-117]
District 0400
Section
Block
Parcel Number
256
01
005
256
01
007
256
01
008
256
01
009.2
256
01
010.1
256
01
010.3
256
01
011
256
01
012
256
01
013
256
01
015.1
256
01
016
256
01
017
256
01
018
256
01
019
256
02
003
256
02
004
256
02
005
256
02
006
256
02
009
256
02
010
256
02
011
256
02
012
256
02
013
256
02
014
256
02
015
256
02
016
256
02
017
256
02
018
256
02
019
256
02
020
256
02
021
256
02
022
256
02
023
256
02
024
256
02
025
256
02
026
256
02
027
256
02
037
256
02
038
256
02
048
256
02
049
256
02
050
256
02
051
(8) 
Old Huntington Village Carver Street. Certain parcels of land, together with the buildings thereon, located on East Carver Street, generally between New York Avenue and Spring Road, more specifically described by the following number designations as derived form the Official Suffolk County Tax Map for the Town of Huntington, and wholly within District 400 of said map, as follows:
[Added 2-10-1998 by L.L. No. 7-1998; amended 7-1-1998 by L.L. No. 32-1998]
Section
Block
Parcel Number
Street Address
072
04
043
13 East Carver Street
072
04
044
17 East Carver Street
072
04
045
19 East Carver Street
072
04
046
23 East Carver Street
096
01
021
24 East Carver Street
072
04
047
25-27 East Carver Street
096
01
022
28 East Carver Street
096
01
023
32 East Carver Street
072
04
048
33 East Carver Street
072
04
049
35 East Carver Street
096
01
024
36 East Carver Street
(9) 
Whitman Heritage Corridor. The public rights-of-way of the following described roads:
[Added 5-9-2000 by L.L. No. 11-2000]
(a) 
Hartman Hill Road: beginning northern boundary of West Hills County Park continuing to junction with Mt. Misery Road; and
(b) 
Mt. Misery Road: to terminus at Northern State Parkway; and
(c) 
Highhold Drive: between Mt. Misery Road and Round Swamp Road; and
(d) 
Chichester Road: beginning Hartman Hill Road, continuing through West Hills Road to Burgess Avenue; and
(e) 
West Hills Road: from northern edge of Suffolk County Tax Map parcel 0400-191-04021.4 property belonging to Melody Equestrian Center, Inc. on the north, to Walt Whitman Road on the south; and
(f) 
Downs Road: from Sweet Hollow Road to West Hills Road; and
(g) 
Sweet Hollow Road: from Jericho Turnpike to Old Country Road.
(10) 
Whitman Historic District. Certain parcels of land, together with the buildings thereon, located on West Hills Road and Chichester Road in West Hills, more specifically described by the following number designations as derived from the Official Suffolk County Tax Map for the Town of Huntington, and wholly within District 400 of said map, as follows:
[Added 5-21-2002 by L.L. No. 15-2002]
Section
Block
Lot
Street Address
191
05
013
356 West Hills Road
231
02
005
347 West Hills Road
231
02
008
85 Chichester Road
231
02
009.001
365 West Hills Road
231
02
022
none
(11) 
Sammis Street, Huntington, and its right-of-way from New York Avenue to Nassau Road.
[Added 2-11-2003 by L.L. No. 7-2003]
(12) 
Mill Lane Historic District. Certain parcels of land, together with the buildings thereon, located on Mill Lane and Prime Avenue in Huntington, more specifically described by the following number designations as derived from the Official Suffolk County Tax Map for the Town of Huntington, and wholly within District 400 of said map, as follows:
[Added 6-7-2005 by L.L. No. 23-2005; amended 10-16-2007 by L.L. No. 34-2007]
Section
Block
Lot
Street Address
027
02
016
none
071
02
062
107 Prime Avenue
071
02
063
111 Prime Avenue
071
02
064
113 Prime Avenue
071
02
065
24 Mill Lane
071
02
066
20 Mill Lane
071
02
067
16 Mill Lane
071
02
068
12 Mill Lane
071
02
070
19 Mill Lane
071
02
071.001
25 Mill Lane
071
02
071.002
none
071
02
072.003
31 Mill Lane
071
02
073
35 Mill Lane
071
02
074
39 Mill Lane
071
02
075.001
071
02
075.002
43 Mill Lane
071
02
075.003
071
02
078
none
071
02
079
40 Mill Lane
071
02
080
36 Mill Lane
071
02
081
124 Prime Avenue
071
02
082
120 Prime Avenue
071
02
083
114 Prime Avenue
B. 
Each of the following buildings or landmarks is hereby defined and designated by the Town Board as an historic building, site or landmark, and each shall be appropriately delineated by metes and bounds and/or by the section, block and lot number of the Suffolk County Tax Map and/or street address:
[Amended 4-7-1970 by Ord. No. 70-ZC-4; 7-27-1971 by Ord. No. 71-ZC-14; 8-10-1971 by Ord. No. 71-ZC-18; 6-20-1989 by Ord. No. 89-ZC-212]
(1) 
All that certain premises at 246 Walt Whitman Road, being located between Walt Whitman Road and New York State Route 110 north of Schwab Road, known as the birthplace of Walt Whitman.
(2) 
Peace & Plenty Inn, 107 Chichester Road.
(3) 
Whitman Rome House, 85 Chichester Road.
(4) 
Five Gates residential structure, north side of Half Hollow Road, approximately two hundred fifty (250) feet west of Hart Place.
(5) 
Residential dwelling, 269 Park Avenue.
(6) 
Residential dwelling, 420 Park Avenue.
(7) 
Residential dwelling, 495 Park Avenue.
(8) 
Residential dwelling, 518 Park Avenue.
(9) 
Residential dwelling, west side of Harbor Road at Water's Edge, approximately two hundred (200) feet north of the foundation of the old gristmill, designated as "Millsite."
(10) 
Universalist Church, 6 Nassau Road.
(11) 
Conklin House, 2 High Street.
(12) 
Powell House, 434 Park Avenue.
(13) 
Soldiers and Sailors Memorial Building, 228 Main Street.
(14) 
Old Burial Ground, southwest corner of Main and Nassau Streets.
(15) 
Old Trade School, 209 Main Street.
(16) 
Huntington Village Green, Main Street and Park Avenue.
(17) 
The Arsenal, 425 Park Avenue.
(18) 
Fleet-Jarvis House, 424 Park Avenue.
(19) 
Buffet House, 159 West Rogues Path.
(20) 
Solomon Smith House, s/s High Hold Drive.
[Added 9-14-1971 by Ord. No. 71-ZC-20]
(21) 
Old First Church, 125 Main Street.
[Added 9-14-1971 by Ord. No. 71-ZC-20]
(22) 
Marion Carll Farm, w/s Commack Road.
[Added 9-14-1971 by Ord. No. 71-ZC-20]
(23) 
Old Buffett House, 169 West Rogues Path.
[Added 10-19-1971 by Ord. No. 71-ZC-22]
(24) 
Hewlett House, 559 Woodbury Road.
[Added 10-19-1971 by Ord. No. 71-ZC-22]
(25) 
Elm Cottage, 47 West Neck Road.
[Added 2-15-1972 by Ord. No. 72-ZC-24]
(26) 
Dr. Conklin House, 130 Old Country Road, Melville.
[Added 3-7-1972 by Ord. No. 72-ZC-28]
(27) 
L'Hommedieu House, 127 Old Country Road, Melville.
[Added 3-7-1972 by Ord. No. 72-ZC-28]
(28) 
Colyer House, 26 Mt. Misery Road, Huntington.
[Added 3-7-1972 by Ord. No. 72-ZC-28]
(29) 
Carll Homestead, 49 Melville Road, Huntington Station.
[Added 4-4-1972 by Ord. No. 72-ZC-1929[2]]
[2]
Editor's Note: This ordinance also added the "Gilbert Potter House, 111 Wall Street, Huntington," but that designation was then repealed 11-27-1973 by Ord. No. 73-ZC-47.
(30) 
Old Manse, 152 Old Country Road, Melville.
[Added 4-4-1972 by Ord. No. 72-ZC-29]
(31) 
Valentine House, 389 West Hills Road, Huntington.
[Added 4-4-1972 by Ord. No. 72-ZC-29]
(32) 
Bartow House, 71 Arbutus Road, Greenlawn, buildings and property.
[Added 9-11-1973 by Ord. No. 73-ZC-46]
(33) 
Commack Chapel, 486 Town Line Road, Commack, New York, building and property.
[Added 11-13-1973 by Ord. No. 73-ZC-48]
(34) 
Old Tavern, 483 Elwood Road, Elwood, New York, buildings and property.
[Added 11-26-1974 by Ord. No. 74-ZC-51]
(35) 
Old Post Office, 462 Elwood Road, Elwood, New York, buildings and property.
[Added 11-26-1974 by Ord. No. 74-ZC-51]
(36) 
Old Methodist Church, 573 Elwood Road, Elwood, New York, buildings and property.
[Added 11-26-1974 by Ord. No. 74-ZC-51]
(37) 
Ketcham House, 429 Old Bridge Road, East Northport, New York (Tax Map No. 0400-087-01-070).
[Added 6-20-1978 by Ord. No. 78-ZC-78]
(38) 
George Scudder House, 194 Park Avenue, Huntington, New York (Tax Map No. 0400-028-04-002).
[Added 9-14-1978 by Ord. No. 78-ZC-83]
(39) 
Adams House, 434 Park Avenue, a.k.a. 32 North Woodhull Road, Huntington, New York SCTM #0400-073-1903-020.
[Added 9-14-1978 by Ord. No. 78-ZC-84; amended 9-14-2004 by L.L. No. 24-2004]
(40) 
Mother Chick's (Chid's) Inn, 124 Bay Road, Huntington, New York (Tax Map No. 0400-035-03-001), including all land with the improvements thereon.
[Added 12-5-1978 by Ord. No. 78-ZC-86]
(41) 
Harned-Woodbury House, 26 Little Neck Road, Centerport, New York (Tax Map No. 0400-044-02-031).
[Added 7-9-1985 by Ord. No. 85-ZC-145]
(42) 
Ketewomoke Yacht Club, located on the west side of New York Avenue fronting on Huntington Harbor, Halesite, New York (Tax Map No. 0400-031-0-002.3); two-story frame clubhouse building.
[Added 7-9-1985 by Ord. No. 85-ZC-145]
(43) 
Funnell House, located at 24 East Carver Street, Huntington, New York (Tax Map No.: District 0400, Section 96, Block 1, Lot 21).
[Added 2-25-1986 by Ord. No. 86-ZC-151]
(44) 
Suydam House at the corner of Fort Salonga Road and Centerport Road in Centerport (Tax Map No. 080-05-01).
[Added 6-24-1986 by Ord. No. 86-ZC-154]
(45) 
Lloyd Lighthouse (Suffolk County Tax Map No. 0400-286-001008).
[Added 4-28-1987 by Ord. No. 87-ZC-172]
(46) 
The house at 115 Centershore Road, Centerport, New York.
[Added 7-21-1987 by Ord. No. 87-ZC-175]
(47) 
Ketcham-Peters House, 386 Bread and Cheese Hollow Road, Middleville (SCTM 0400-062-01-001.005).
[Added 12-13-1988 by Ord. No. 88-ZC-191; amended 1-8-2002 by L.L. No. 1-2002]
(48) 
St. Johns Episcopal Church, 12 Prospect Street/Main Street, Huntington (Tax Map No. 0400-069-04-067,066).
[Added 10-25-1988 by Ord. No. 88-ZC-192]
(49) 
Vanderbilt Planetarium and Museum, 180 Little Neck Road, Centerport.
[Added 1-24-1989 by Ord. No. 88-ZC-197]
(50) 
Service Station, Northern State Parkway, Dix Hills.
[Added 6-20-1989 by Ord. No. 89-ZC-205]
(51) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection B(51), Regan House, added 6-6-1989 by Ord. No. 89-ZC-204, was repealed 5-14-1996 by Ord. No. 96-ZC-8.
(52) 
Joseph Whitman House, 365 West Hills Road, West Hills.
[Added 6-20-1989 by Ord. No. 89-ZC-206]
(53) 
Velzer House, 24 Fort Salonga Road, Centerport.
[Added 6-20-1989 by Ord. No. 89-ZC-207]
(54) 
Lefferts House, 116 High Street, Huntington.
[Added 6-20-1989 by Ord. No. 89-ZC-208]
(55) 
Powell House, 105 Southdown Road, Huntington.
[Added 6-20-1989 by Ord. No. 89-ZC-209]
(56) 
(Reserved)[4]
[4]
Editor's Note: Former Subsection B(56), Cobb House, was repealed 9-16-2014 by L.L. No. 33-2014.
(57) 
Conklin-Renz House, 303 Cuba Hill Road, Huntington.
[Added 6-12-1990 by Ord. No. 90-ZC-227]
(58) 
(Reserved)[5]
[5]
Editor's Note: Former Subsection B(58), Glynn House, added 6-12-1990 by Ord. No. 90-ZC-227, amended 1-8-2002 by L.L. No. 1-2002, was repealed 5-21-2002 by L.L. No. 16-2002.
(59) 
Hoover House, 38 Fairview Street, Huntington.
[Added 6-12-1990 by Ord. No. 90-ZC-227]
(60) 
Longo House, 64 Prospect Road, Centerport.
[Added 6-12-1990 by Ord. No. 90-ZC-227]
(61) 
Schaub House, 2 Murray Court, Huntington.
[Added 6-12-1990 by Ord. No. 90-ZC-227]
(62) 
Ceorge McKessen Brown Estate (a/k/a Coindre Hall) (Suffolk County Tax Map Nos. 0400-023-01-039 and 0403-014-02-073).
[Added 8-21-1990 by Ord. No. 90-ZC-239]
(63) 
(Reserved)
(64) 
William Wooden Wood House, 90 Preston Street, Huntington (S.C.T.M. 0400-025-04-059).
[Added 5-21-1991 by Ord. No. 91-ZC-257]
(65) 
Jarvis-Fleet House, 138 Cove Road, Huntington (S.C.T.M. 0400-034-006-014.2).
[Added 5-21-1991 by Ord. No. 91-ZC-257]
(66) 
Dowden Tannery (a/k/a Drumhead Factory), 210 West Rogues Path, Cold Spring Harbor (S.C.T.M. 0400-132-01-003,015).
[Added 5-21-1991 by Ord. No. 91-ZC-257]
(67) 
Smith-Gardiner Farmstead (a/k/a Henry Smith Farmstead), 900 Park Avenue, Huntington (S.C.T.M. 0400-157-02-029).
[Added 5-21-1991 by Ord. No. 91-ZC-257]
(68) 
Philip Valentine House, 195 Pidgeon Hill Road, Huntington Station (S.C.T.M. 0400-240-03-015.002).
[Added 5-21-1991 by Ord. No. 91-ZC-257; amended 10-16-2007 by L.L. No. 34-2007]
(69) 
Prime House, 35 Prime Avenue, Huntington (S.C.T.M. 0400-72-3-10).
[Added 5-21-1991 by Ord. No. 91-ZC-257]
(70) 
Prime-Octagon House, 41 Prime Avenue, Huntington (S.C.T.M. 0400-72-3-9)
[Added 5-21-1991 by Ord. No. 91-ZC-257]
(71) 
Henry Williams House, 43 Mill Lane, Huntington (S.C.T.M. 0400-071-02-075.002).
[Added 12-4-1991 by Ord. No. 91-ZC-262; amended 10-16-2007 by L.L. No. 34-2007]
(72) 
Charles M. Weeks House, 76 Mill Lane, Huntington (SCTM 0400-071-03-027).
[Added 12-4-1991 by Ord. No. 91-ZC-262]
(73) 
35 Greenlawn Road, Huntington (SCTM 0400-075-01-032.001).
[Added 1-21-1992 by Ord. No. 92-91-ZC-273; amended 1-8-2002 by L.L. No. 1-2002]
(74) 
Otto H. Kahn Estate, terminus West Gate Drive, Cold Spring Hills, Cold Spring Harbor (SCTM 0400-188-01-025.1: 22.55 acres; 0400-188-01-025.3: 0.64 acres; 040-0-188-01-025.4: 0.24 acres).
[Added 10-7-1991 by Ord. No. 91-ZC-265]
(75) 
8 Lawrence Hill Road, Huntington (SCTM 0400-069-02-75).
[Added 3-23-1993 by Ord. No. 93-92-ZC-290]
(76) 
14 Highland Court, Huntington (SCTM 0400-069-02-37).
[Added 3-23-1993 by Ord. No. 93-92-ZC-290]
(77) 
Michael Remp House, 42 Godfrey Lane, Huntington (SCTM 0400-167-03-018.026, 018.027, 018.028).
[Added 3-23-1993 by Ord. No. 93-92-ZC-290; amended 1-8-2002 by L.L. No. 1-200212-4-2007 by L.L. No. 39-2007]
(78) 
Henry Funnell House a/k/a Harry Wood House, 481 Main Street, Huntington (SCTM 0400-067-03-010).
[Added 3-23-1993 by Ord. No. 93-92-ZC-290]
(79) 
Daniel Smith House, 117 West Shore Road, Huntington (SCTM 0400-026-02-059.3).
[Added 3-23-1993 by Ord. No. 93-92-ZC-290]
(80) 
Walker House, 33 West 11th Street, Huntington Station (SCTM 0400-142-02-029).
[Added 3-23-1993 by Ord. No. 93-92-ZC-290]
(81) 
Breeze Hill Stock Farm Barn, 44 Breeze Hill Road, Northport (SCTM 0400-015-02-001).
[Added 3-23-1993 by Ord. No. 93-92-ZC-290]
(82) 
Vanderbilt Superintendent's Cottage, 185 Little Neck Road, Centerport (SCTM 0400-048-02-006).
[Added 8-17-1993 by Ord. No. 93-ZC-312]
(83) 
New York State Route 25A and the right-of-way of the above-named highway, from the border between the Town of Huntington and the Town of Oyster Bay (which is also the border between the County of Suffolk and the County of Nassau) to the border between the Town of Huntington and the Town of Smithtown.
[Added 8-22-1995 by Ord. No. 95-ZC-9]
(84) 
(Reserved)[6]
[6]
Editor's Note: Former Subsection B(84), Bunce-Zoeller House, added 9-23-1997, as amended, was repealed 12-13-2011 by L.L. No. 33-2011.
(85) 
The Carll House, 380 Deer Park Avenue (NYS 231), Dix Hills (SCTM 0400-247-04-005.008).
[Added 12-16-1997 by L.L. No. 23-1997; amended 10-16-2007 by L.L. No. 34-2007]
(86) 
Old Long Islander Building, 313 Main Street, Huntington (SCTM #0400-69-4-2).
[Added 4-7-1998 by L.L. No. 13-1998]
(87) 
The Hubbs House, 6306 Jericho Turnpike (NYS 25), Commack (SCTM 0400-224-02-013).
[Added 7-1-1998 by L.L. No. 29-1998]
(88) 
Johnson-Sprague Farm (dwelling and summer kitchen only), 271 Cedar Road, Commack (SCTM #0400-185-02-024.003), also known as Lot 3 on the Map of Lanham Estates.
[Added 7-1-1999 by L.L. No. 13-1999; amended 10-16-2007 by L.L. No. 34-2007]
(89) 
Henry Townsend House, 231 West Neck Road, Huntington (SCTM #0400-020-02-032.001, 032.002, 032.003).
[Added 11-23-1999 by L.L. No. 22-1999; amended 10-16-2007 by L.L. No. 34-2007]
(90) 
Smith Whitson Farm (a/k/a William Godfrey Estate), 5 Godfrey Lane, Huntington, (SCTM 0400-167-04-038.001).
[Added 6-20-2000 by L.L. No. 15-2000; amended 10-16-2007 by L.L. No. 34-2007]
(91) 
Harry E. Donnell House, 71 Locust Lane, Eaton's Neck (SCTM #0400-0005-02-002.003).
[Added 10-10-2000 by L.L. No. 28-2000]
(92) 
Charles R. Street House, 31 Prospect Street, Huntington. (SCTM 0400-069-04-018).
[Added 2-13-2001 by L.L. No. 4-2001]
(93) 
Conklin-Wood-Fullerton House (a/k/a William J. Wood House), 158 Main Street, Huntington, SCTM #400-072-05-008.
[Added 3-26-2002 by L.L. No. 10-2002]
(94) 
(Reserved)[7]
[7]
Editor's Note: Former Subsection B(94), Kennedy - Radoczy House, added 12-18-2001 by L.L. No. 23-2001, was repealed 11-16-2004 by L.L. No. 37-2004.
(95) 
Glasier House, 17 Mannetto Hill Road, SCTM #0400-227-01-035.004.
[Added 1-8-2002 by L.L. No. 2-2002; amended 10-16-2007 by L.L. No. 34-2007]
(96) 
Lot 2 of Laurel View Estates located on property known as the Wallace K. Harrison Estate, e/s Round Swamp Road, West Hills, SCTM #0400-227-02-009.004, and any and all improvements thereon including sculptures, which shall not be altered, moved or demolished in whole or in part, without the prior issuance of a certificate of approval pursuant to § 198-42.
[Added 6-18-2002 by L.L. No. 19-2002; amended 8-5-2003 by L.L. No. 29-2003]
(97) 
(Reserved)[8]
[8]
Editor's Note: Former Subsection B(97), 238 Broadway, Greenlawn, proposed Lot 1 of Eric Estates, added 9-10-2002 by L.L. No. 33-2002, was repealed 3-10-2009 by L.L. No. 3-2009.
(98) 
565 Woodbury Road, Cold Spring Harbor, SCTM #0400-131-01-025.
[Added 9-10-2002 by L.L. No. 34-2002]
(99) 
Brush House, 27 West Neck Road, Huntington, SCTM 0400-070-01-021.
[Added 10-29-2002 by L.L. No. 57-2002]
(100) 
West Hills School House, 79 Sweet Hollow Road, West Hills, SCTM #0400-191-04-020.
[Added 1-9-2003 by L.L. No. 2-2003]
(101) 
Carll S. Burr Mansion, 304 Burr Road, Commack, SCTM #0400-180-02-031.002.
[Added 10-14-2003 by L.L. No. 35-2003]
(102) 
John Coltrane House, 247 Candlewood Path, Dix Hills, SCTM #0400-263-03-039.001 & .039.002.
[Added 5-4-2004 by L.L. No. 13-2004; amended 10-16-2007 by L.L. No. 34-2007]
(103) 
223 Oakwood Road, Cold Spring Harbor (as defined in the 2000 US Census), proposed northeast lot of subdivision of SCTM #0400-090-06-006.
[Added 10-13-2004 by L.L. No. 30-2004]
(104) 
(Reserved)[9]
[9]
Editor's Note: Former Subsection (B)(104), designating the Brush-Ritz House on Clay Pitts Road in East Northport as an historic landmark, added 7-1-2004 by L.L. No. 21-2004, was repealed 2-9-2010 by L.L. No. 3-2010.
(105) 
18 Fairview Street, Huntington, SCTM #0400-096-01-049.
[Added 2-15-2005 by L.L. No. 1-2005]
(106) 
Booker T. Washington House, 30 Cousins Lane, Fort Salonga, SCTM #0400-014-06-3.1.
[Added 5-10-2005 by L.L. No. 20-2005]
(107) 
(Reserved)[10]
[10]
Editor's Note: Former Subsection (B)(107), designating the John Wood House on McKay Road as an historic landmark, added 8-23-2005 by L.L. No. 29-2005, was repealed 5-5-2009 by L.L. No. 5-2009.
(108) 
36 Maple Hill Road, Huntington, SCTM# 0400-074-01-008.
[Added 4-25-2006 by L.L. No. 13-2006]
(109) 
Augustine L. Scudder House, 39 Sammis Street, Huntington, SCTM#0400-096-02-098.
[Added 12-12-2006 by L.L. No. 36-2006]
(110) 
(Reserved)[11]
[Added 9-23-2008 by L.L. No. 27-2008]
[11]
Editor’s Note: Former Subsection (B)(110), designating the Peter Crippen House on Creek Road in Huntington as an historic landmark, added 9-23-2008 by L.L. No. 27-2008, was repealed 4-5-2016 by L.L. No. 15-2016.
(111) 
Conklin-Swanson House, 86 West Neck Road, Huntington, SCTM# 0400-070-04-036.
[Added 9-22-2009 by L.L. No. 18-2009]
(112) 
Osterby House, 1063 Fort Salonga Road, Fort Salonga, SCTM# 0400-015-03-022.
[Added 9-7-2010 by L.L. No. 12-2010]
(113) 
Old Half Hollow Schoolhouse, 5 Seaman Neck Road, Dix Hills, SCTM# 0400-275-02-143.
[Added 1-10-2012 by L.L. No. 3-2012]
(114) 
Jupiter Hammon House, 73 West Shore Road, Huntington, proposed Lot 1 of Fuschetto Plat, p/o SCTM# 0400-026-02-041.
[Added 11-6-2014 by L.L. No. 42-2014]
(115) 
Stafford House, 10 Auserehl Court, Huntington (main building and lot only), SCTM# 0400-034-02-015.
[Added 4-5-2016 by L.L. No. 14-2016]

§ 198-42.1 Historic Building Overlay District.

[Added 11-5-2008 by L.L. No. 43-2008]
A. 
Legislative intent.
(1) 
The Town Board is committed to the preservation of buildings of historic significance and determines that the conservation, protection and perpetuation of historic buildings is in harmony with the Comprehensive Town Plan. The Town Board is aware that the costs of maintenance and preservation of these historic sites may be significant and seeks to establish a mechanism by which these properties maybe utilized for purposes other than those permitted as-of-right in the zoning districts where such buildings are located. By enhancing the property owners' ability to maintain and preserve historic properties, the educational, cultural, economic, social and general welfare of the public will be advanced.
(2) 
Pursuant to § 96-a of the General Municipal Law and other applicable law, the Town Board finds that the preservation, conservation and protection of historic buildings serves to link Huntington's past social and cultural history with its present, and will enhance and promote the Town of Huntington's attractiveness to residents, businesses and cultural interests.
B. 
Uses of historic buildings. Notwithstanding any other provision of law to the contrary, in addition to those uses permitted as-of-right in the zoning district where the historic building is located, the Town Board may permit additional uses after a public hearing, and in accordance with the applicable provisions of this Chapter.
C. 
Application. The property owner shall apply to the Town Board by filing an application for inclusion in the Historic Building Overlay District, and shall follow the procedure set forth in the town code for a change of zone.
D. 
Minimum requirements. An applicant must establish, to the satisfaction of the Town Board, the following:
(1) 
The building or buildings in which an additional use is sought has been designated a historic landmark in accordance with the provisions of the Code of the Town of Huntington.
(2) 
That the historic building, if in a residentially-zoned district, is located within a lot having more than fifteen (15) acres.
(3) 
The use would not create undue traffic congestion or hazard.
(4) 
The use would not negatively impact the value of surrounding properties or adversely affect the character of the neighborhood.
(5) 
There are no structural or decorative additions, alterations or modifications proposed or contemplated that would impair the exterior character of the building, or the historical, aesthetic or architectural significance of the structure.
E. 
Historic Preservation Commission. All applications shall be forwarded by the Department of Planning to the Huntington Historic Preservation Commission for its review and recommendation, including recommendations on any restriction or condition that should be established as a condition of approval.
F. 
The Town Board may, after a public hearing, approve an application, in whole or in part, and with or without special conditions or restrictions, or may deny the application. Unless extended by the Town Board and subject to the provisions of § 54-1, the application shall be deemed denied if the Board fails to act within ninety (90) day period. The decision of the Board is final as to the Town of Huntington and the resolution, if one is generated, shall be filed in the Office of the Town Clerk.
G. 
As a condition of approval, the Town Board may impose such restrictions as it deems reasonable or necessary, including but not limited to, the following:
(1) 
A specific limitation on the uses that are authorized at the site, or in portions of the building.
(2) 
A limitation on the maximum number of persons which may be accommodated on the premises at any one time.
(3) 
Limitation upon the hours of operation.
(4) 
More stringent setback requirements than would otherwise be required in the zoning district.
(5) 
Conditions on the alteration and expansion of the structure.
H. 
Restrictive covenant. If an application is granted with conditions, the applicant shall prepare covenants and restrictions to run with the land and for the benefit of the Town of Huntington. The applicant shall submit the proposed instrument to the Town Attorney for approval as to form and content. The Town Attorney shall indicate approval by signing the original document. The applicant shall record the signed original document in the Office of the Suffolk County Clerk at his or her own cost and expense and provide the Town Attorney and Department of Planning and Environment with a copy of the recorded instrument. The liber and page of each instrument recorded shall be shown on the site plan submitted to the Director of Planning before the plan will be signed for final approval.
I. 
Restrictions: Notwithstanding any other provision of law to the contrary, the following shall apply:
(1) 
All of the bulk, area and height requirements of the zoning district where the property is located shall continue to apply to the historic building unless otherwise determined by the Zoning Board of Appeals.
(2) 
Industrial uses are specifically prohibited.
(3) 
Site plan approval, as necessary.
(4) 
Certificate of Approval from the Town Board shall be required for any addition or alteration to the building as provided in § 198-41.
J. 
Termination of approved use.
(1) 
Upon approval by the Town Board of a specific use or uses, such use or uses will be removed or converted to a conforming use in the base zoning district upon the termination or abandonment of the use approved by the Town Board or the destruction of more than fifty (50%) percent of the building by natural or other means.
(2) 
In addition to the rights the Town Board may have in law or equity, the Board may terminate the approved use in the event the covenants and restrictions are not complied with to the satisfaction of the Town.