[Amended 8-12-2003 by L.L. No. 63-2003[1]; 4-12-2005 by L.L. No. 13-2005; 8-9-2005 by L.L. No. 40-2005]
A.
The Town Landmarks and Historic Districts Board is
hereby established. The Board shall consist of 11 Town residents to
be appointed by the Town Board and, to the extent available in the
community, shall be representative of the entire Southampton Town
community and drawn from the following disciplines: architecture,
architectural history, archaeology, local history, law, historic preservation
and real estate. All members shall have demonstrated significant interest
in and commitment to the field of historic preservation or related
fields and shall have a known interest in historic, cultural, and
architectural development within the Town of Southampton. The Southampton
Town Historian shall serve as an ex-officio nonvoting member of the
Landmarks and Historic Districts Board.
[Amended 10-11-2011 by L.L. No. 33-2011; 4-9-2019 by L.L. No. 13-2019; 5-24-2022 by L.L. No. 12-2022]
B.
Landmarks and Historic Districts Board members shall
serve for a term of three years in one of three numerically similar
classes of expiring Board appointments, with the exception of the
appointment by the Town Board to fill a vacancy or maintain numerically
similar classes. Members may serve for more than one term. Incumbent
members may serve and vote until their appointed successors qualify.
[Amended 10-11-2011 by L.L. No. 33-2011; 5-24-2022 by L.L. No. 12-2022]
C.
The Chairperson and Vice Chairperson shall be designated
by the Town Board. Such designation shall expire at the end of each
year. In the absence of the Chairperson, the Vice Chairperson shall
serve as acting Chairperson. The designation of Chairperson and Vice
Chairperson may be withdrawn at the discretion of the Town Board.
[Amended 11-10-2015 by L.L. No. 29-2015]
D.
Administrative support for the Landmarks and Historic
Districts Board shall be provided by the Department of Land Management,
which shall also perform records management, prepare minutes and agendas,
and receive and distribute correspondence on behalf of the Board.
E.
The Landmarks and Historic Districts Board shall adopt
rules of procedure as it may deem necessary to the proper exercise
of its responsibilities.
[Amended 10-11-2011 by L.L. No. 33-2011]
F.
The mission
of the Landmarks and Historic Districts Board is to maintain the historic
character of the Town by promoting the preservation and protection
of its historic landscapes, settings, sites and structures.
[Added 11-10-2015 by L.L. No. 29-2015]
G.
The Landmarks and Historic Districts Board shall be
empowered to:
[Amended 10-11-2011 by L.L. No. 33-2011; 11-10-2015 by L.L. No. 29-2015]
(1)
Conduct surveys of significant historic, architectural
and cultural landmarks and historic districts within the Town.
(2)
Recommend the designation of significant historic,
architectural and cultural landmarks and the establishment of historic
districts to the Town Board.
(3)
Conduct research on the ownership and local
history of historic resources to evaluate the historic integrity and
historic significance of properties being considered for landmark
designation or under review for demolition and/or alteration, including
but not limited to site visitations and communication with property
owners.
[Amended 5-24-2022 by L.L. No. 12-2022]
(4)
Conduct site visits for building condition analysis and/or photographic documentation purposes required for landmark and historic district designations, baseline documentation reports, maintenance award applications, certificate of appropriateness applications and application referrals from the Building Division made pursuant to § 123-9.
[Amended 5-24-2022 by L.L. No. 12-2022]
(5)
Compile baseline documentation reports for historic
preservation easement acquisitions in coordination with the Community
Preservation Department.
(6)
Increase public awareness of the value of historic,
architectural and cultural preservation by developing, implementing
and participating in public education programs.
(7)
Make recommendations to the Town Board concerning
the donation or acquisition of historic preservation easements, development
rights or other interests in real property as necessary.
(8)
Make recommendations to the Town Board concerning
the utilization of state or private funds to promote the preservation
of landmarks and historic districts within the Town of Southampton.
(9)
Recommend acquisition of a landmark structure or site
of historical, cultural or archaeological significance to the Town
Board where its preservation is essential to the purposes of this
act and where private preservation is not feasible.
[Amended 5-24-2022 by L.L. No. 12-2022]
(10)
Make recommendations to the Town Board regarding
staff and professional consultants necessary to carry out the duties
of the Landmarks and Historic Districts Board.
(11)
Engage in opportunities for professional development.
(12)
Approve or disapprove applications for certificates
of appropriateness.
(13)
Submit advisory reports on survey and previously conducted inventories of historical resources of the Town of Southampton or potential historic, cultural or archaeological resources to the Town Board, Zoning Board of Appeals, Planning Board, Architectural Review Board, Conservation Board, or any other Town department, providing historical background and/or information relevant to any application involving or within 200 feet of a potential or recognized historic structure, site, landscape, or setting within the Town, pursuant to § 330-321B(1)(a) through (e) and as defined in § 330-5. Nothing herein shall be construed to require a referral from any of the aforementioned boards, departments or entities to the Landmarks and Historic Districts Board other than as otherwise required by this chapter.
[Amended 5-24-2022 by L.L. No. 12-2022]
(14)
Submit reports to county, state and/or national
agencies regarding the historic merit of Town sites, settings, landscapes,
or structures upon request of the Town Board.
(15)
Develop potential incentives and programs to
encourage the designation, preservation and protection of the Town’s
historic resources for consideration by the Town Board.
(16)
Recommend site selection as Hamlet Heritage
Resource Areas.
(17)
Manage the Landmarks Maintenance Program under
the auspices of the Town Board and the Department of Land Management,
recommend project recipients, and recommend issuance of award checks,
for consideration by the Town Board.
H.
The Town Landmarks and Historic Districts Board Cultural
Resources Subcommittee is hereby established. The Cultural Resources
Subcommittee shall consist of at least three Town residents and may
include ex-officio members duly recognized by the Landmarks and Historic
Districts Board. All members shall have demonstrated significant interest
in and commitment to the field of historic preservation or related
fields and shall have a known interest in archaeology. The terms of
office of the members of the Cultural Resources Subcommittee shall
run concurrent with the terms of the Landmarks and Historic Districts
Board appointments, unless otherwise designated by the Landmarks and
Historic Districts Board.
[Added 8-12-2008 by L.L. No. 53-2008]
(1)
The Cultural Resources Subcommittee shall be
empowered to:
(a)
Research and identify possible historic or archaeologically
sensitive lands in the Town of Southampton.
(b)
Recommend a structured archaeological process
for the Town.
(c)
Make recommendations to the Town Board regarding
professional consultants necessary to carry out archaeological services.
(d)
Review and comment on archaeological reports
of sensitive lands in the Town.
(e)
Work closely with the Landmarks and Historic
Districts Board, the Planning Board, and the Town Board to make recommendations
regarding archaeologically sensitive lands in the Town, including
but not limited to potential burial grounds, sacred sites, and places
that may hold subsurface cultural resources.
[Amended 7-24-2001 by L.L. No. 26-2001; 10-11-2011 by L.L. No. 33-2011]
A.
All applications for the designation of a landmark or historic district
shall be available from and submitted to the Department of Land Management
and forwarded to the Landmarks and Historic Districts Board for review.
Upon a determination of completeness by the Landmarks and Historic
Districts Board, the Landmarks and Historic Districts Board shall
submit an advisory report to the Town Board and file same with the
Town Clerk.
B.
Upon the submission of an advisory report by the Landmarks and Historic
Districts Board, the Town Board may designate landmarks based on the
following criteria, after a public hearing in accordance with this
article.
[Amended 5-24-2022 by L.L. No. 12-2022]
(1)
The Town Board may designate an individual property, a portion
of a property, a cultural resource or a structure as a landmark if
it meets one or more of the following criteria:
(a)
Possesses special character or historic or aesthetic interest
of value as part of the cultural, political, economic or social history
of the locality, region, state or nation;
(b)
Is identified with historic personages or is the site of an
historic event in the Town, state, or nation;
(c)
Embodies the distinguishing characteristics of an architectural
type, period, or style or contains elements of design, details, materials
or craftsmanship which represent a significant innovation;
(d)
Is the work of a designer, engineer, builder, artist, or architect
whose work has significantly influenced an age; and
(e)
Because of a unique location or singular physical characteristic,
represents an established and familiar visual feature of the neighborhood.
(2)
The Town Board may designate a group of properties as an historic
district after a public hearing in accordance with this article if
it:
C.
The boundaries of each historic district designated henceforth shall
be specified by a survey or map filed by the Landmarks and Historic
Districts Board in the Town Clerk's office.
D.
The Town Board shall refer all proposed designations to the Town
Planning Board for an advisory report prior to any action.
E.
Hearing; notice; actions during designation process.
(1)
The Town Board shall hold a public hearing prior to designation
of any landmark or historic district. As directed in the resolution
setting the hearing, notice of a proposed designation of property
as either an historic landmark or of its inclusion in an historic
district shall be sent by certified mail to the owner(s) of record
thereof by the Town Clerk, describing the property proposed and announcing
a public hearing by the Town Board to consider the designation. The
Town Board shall hold such a public hearing within 45 days of receipt
of an advisory report from the Landmarks Board regarding the proposed
designation. Notice shall be published in the official newspaper at
least 10 days prior to the date of the public hearing.
(2)
Once the Town Board has authorized the publication of a proposed
designation, no building permits for demolition may be issued for
a proposed landmark or a structure which constitutes a contributing
element of a proposed historic district and no building permits shall
be issued for substantial alterations or addition for a proposed landmark
or a structure which constitutes a contributing element of a proposed
district.
(3)
Nothing contained in § 330-321E(2) shall prohibit an owner of a property proposed for landmark designation or for inclusion in an historic district from applying for a certificate of appropriateness pursuant to this chapter although the designation process has not been completed.
(4)
The Town Board shall render a determination within 45 days of
the close of the public hearing and written record on the proposed
designation.
F.
At the public hearing, the Town Landmarks and Historic Districts
Board, owners and any interested parties may present testimony or
documentary evidence which will become part of a record regarding
the historic, architectural or cultural importance of the proposed
landmark or historic district. The Town Board may request any other
information it deems reasonable and necessary to make its determination.
The record may also contain staff reports, public comments or other
evidence offered outside of the hearing.
G.
The Town Board may adopt specific and unique criteria for the review
of certificates of appropriateness in a newly designated historic
district.
H.
The Town Clerk shall forward notice of each property designated as
a landmark and of the boundaries of each designated historic district
to the office of the Suffolk County Clerk for recording.
A.
Nothing in this article shall be construed to prevent
the ordinary maintenance and repair of any exterior architectural
feature of a landmark or property within an historic district which
does not involve a change in design, material, color or outward appearance.
B.
No person shall carry out any exterior alteration,
restoration, reconstruction, demolition, new construction or moving
of a landmark on property within an historic district, nor shall any
person make any material change in the appearance of such a property,
its light fixtures, signs, sidewalks, fences, steps, paving or other
exterior elements visible from a public street or alley, without first
obtaining a certificate of appropriateness from the Landmarks and
Historic Districts Board.
[Amended 10-11-2011 by L.L. No. 33-2011]
[Amended 10-11-2011 by L.L. No. 33-2011]
A.
In passing upon an application for a certificate of
appropriateness, the Landmarks and Historic Districts Board shall
not consider changes to interior spaces or consider changes to architectural
features that are not visible from a public right-of-way or alley.
B.
When reviewing plans relating to landmarks or properties
within an historic district, the Landmarks and Historic Districts
Board shall utilize and be guided by the Secretary of the Interior's
Standards for Rehabilitation and Guidelines for Rehabilitating Historic
Buildings, as well as the following principles:
[Amended 5-24-2022 by L.L. No. 12-2022]
(1)
Properties which contribute to the character of the
historic district shall be retained, with their historic features
altered as little as possible.
(2)
Any alteration of existing property shall be compatible
with its historic character, as well as with the surrounding district.
(3)
New construction shall be compatible with the district
in which it is located.
C.
In applying the principle of compatibility, the Landmarks
and Historic Districts Board shall consider the following factors:
(1)
The general design, character and appropriateness
to the property of the proposed alteration or new construction.
(2)
The scale of proposed alteration or new construction
in relation to the property itself, surrounding properties and the
neighborhood.
(3)
Texture, materials and color and their relation to
similar features of other properties in the neighborhood.
(4)
Visual compatibility with surrounding properties,
including proportion of the property's front facade, proportion and
arrangement of windows and other openings within the facade, roof
shape and the rhythm of spacing of properties on streets, including
setbacks.
(5)
The importance of historic, architectural or other
features to the significance of the property.
D.
The Landmarks and Historic Districts Board may establish
reasonable conditions for approval, including the following:
(1)
In an application for demolition, the documentation
of the building and site by photographs, drawings or other appropriate
means.
(2)
Prior to new construction, where warranted, the investigation
for cultural remains on site. Access to any resulting information
may be limited to protect archaeological sites.
A.
Prior to the commencement of any work requiring a
certificate of appropriateness, the owner(s) or authorized representative
shall file an application for such a certificate with the Department
of Land Management. The application shall contain:
(1)
Name, address and telephone number of applicant.
(2)
Authorization for owner's agent or representative.
(3)
Location, Tax Map designation and photographs of the
property clearly indicating all public views.
(4)
Elevation drawings showing existing conditions and
proposed changes, if warranted.
(5)
Perspective drawings, including relationship to adjacent
properties, if warranted.
(6)
Sample of color or materials to be used, if warranted.
(7)
Where the proposal includes signs or lettering, a
scale drawing showing the type of lettering to be used, all dimensions
and colors, a description of materials to be used, method of illumination
and a plan showing the sign's location on the property.
(8)
Any other information which the Board may deem necessary
in order to visualize the proposed work.
B.
Preliminary plans, elevations, sketches and/or proposals
may be submitted to the Landmarks and Historic Districts Board by
the applicant for a preapplication conference prior to filing an application
for a certificate of appropriateness.
[Amended 10-11-2011 by L.L. No. 33-2011]
C.
No building permit shall be issued for such proposed
work until a certificate of appropriateness has first been issued
by the Landmarks and Historic Districts Board. The certificate of
appropriateness required by this chapter shall be in addition to and
not in lieu of any building permit or other approval required by the
Town Code of the Town of Southampton.
D.
The Landmarks and Historic Districts Board shall approve
or deny, or approve with modifications, the application within 90
days from receipt of the completed application. The Landmarks and
Historic Districts Board may hold a public hearing on the application.
If the public hearing is held, public notice shall appear in the official
newspaper at least 10 days prior to the hearing, and information relative
to the public hearing shall be posted on the subject property by the
applicant.
[Amended 10-11-2011 by L.L. No. 33-2011]
E.
All decisions of the Landmarks and Historic Districts
Board shall be in writing and filed with the Town Clerk.
[Amended 10-11-2011 by L.L. No. 33-2011]
[Amended 10-11-2011 by L.L. No. 33-2011; 5-24-2022 by L.L. No. 12-2022]
A.
An applicant
aggrieved by a decision on an application for a certificate of appropriateness
may apply for hardship relief. No building permit or demolition permit
shall be issued unless a finding that a hardship exists is made by
the Landmarks and Historic Districts Board or the Zoning Board of
Appeals.
B.
An applicant seeking hardship relief for a decision on an application
for a certificate of appropriateness shall first file an application
for a finding of hardship with the Landmarks and Historic Districts
Board.
(1)
The application shall specify which provisions of § 330-326 are the basis of a claim of hardship and the relief sought.
(2)
The
application for hardship relief shall be supported by competent financial
evidence.
(3)
The Landmarks and Historic Districts Board shall begin a review
of an application within 30 days of filing and complete a review within
60 days unless extended by mutual consent of the Board and the applicant.
(4)
A public hearing on an application for hardship relief may be
held at the discretion of the Landmarks and Historic Districts Board
upon at least 10 days' notice in the official Town newspaper.
(5)
All decisions on applications for hardship relief shall be in
writing and state the reasons for granting or denying the application
and shall be filed in the office of the Town Clerk and provided to
the applicant.
C.
A decision by the Landmarks and Historic Districts Board denying a claim of hardship in accordance with the provisions of § 330-326 may be appealed to the Zoning Board of Appeals within 15 days after the filing of a decision by the Landmarks and Historic Districts Board in the office of the Town Clerk.
(1)
Review by the Zoning Board of Appeals shall be based on the
same record that was before the Landmarks and Historic Districts Board
and using the same criteria in this chapter.
(2)
The Zoning Board of Appeals shall hold a public hearing on the
hardship application upon at least 10 days' notice in the official
Town newspaper.
(3)
The applicant shall consult in good faith with the Landmarks
and Historic Districts Board, local preservation groups and interested
parties in a diligent effort to seek an alternative that will result
in preservation of the property.
(4)
All decisions of the Zoning Board of Appeals shall be in writing
and filed in the office of the Town Clerk.
[Amended 10-11-2011 by L.L. No. 33-2011; 5-24-2022 by L.L. No. 12-2022]
A.
An applicant whose certificate of appropriateness for a proposed
demolition has been denied may apply for relief on the ground of hardship.
In order to prove the existence of hardship, the applicant shall establish
that:
(1)
The applicant cannot realize a reasonable return, regardless
of whether that return represents the most profitable return possible,
and provided that lack of return is substantial as demonstrated by
competent financial evidence; and
(2)
The property cannot be adapted for any other use, whether by
the current owner or by a prospective purchaser, which would result
in a reasonable return; and
(3)
Efforts to find a purchaser interested in acquiring the property
and preserving it have failed; and
(4)
There is an absence of responsibility on behalf of the applicant
for any neglect of maintenance that may have contributed to the hardship;
and
(5)
Any difficulty asserted by the applicant is in no manner self-created.
B.
An applicant whose certificate of appropriateness for a proposed
alteration or proposed construction has been denied may appeal for
relief on the ground of hardship. In order to prove the existence
of hardship, the applicant shall establish that he/she cannot realize
a reasonable return, regardless of whether that return represents
the most profitable return possible, and provided that lack of return
is substantial as demonstrated by competent financial evidence.
[Amended 10-11-2011 by L.L. No. 33-2011; 5-24-2022 by L.L. No. 12-2022]
No owner or person with an interest in real
property designated as a landmark or included within an historic district
shall permit the property to fall into a serious state of disrepair
so as to result in the deterioration of any exterior architectural
feature which would, in the judgment of the Landmarks and Historic
Districts Board, produce a visible detrimental effect upon the character
of the historic district as a whole or the life and character of the
property itself.
It shall be the duty of the Building Inspector
to administer and enforce the provisions of this article.
Violations of this article shall be subject to the penalties and procedures set forth in § 330-186 of this chapter.
A.
Any person aggrieved by a decision of the Zoning Board
of Appeals relating to hardship may apply to the Supreme Court for
review by a proceeding under Article 78 of the Civil Practice Law
and Rules.
B.
Any person aggrieved by any other decision of the
Landmarks and Historic Districts Board may apply to the Supreme Court
for review by a proceeding under Article 78 of the Civil Practice
Law and Rules.
[Added 8-12-2003 by L.L. No. 63-2003]
A.
Heritage resources are man-made objects at least 50
years old that are connected to human activity. These resources could
be any buildings used to house human or animal activities, i.e., homes,
sheds, garages, mills, barns, agricultural buildings, offices, schools,
churches, commercial and public-use buildings. It could be structures
such as bridges, canals, roads, docks, fences, monuments and sculptures.
It could also be burying grounds, trails, archaeological and commemorative
or historic sites. These resources, when grouped together, help convey
the special heritage of an area.
B.
Hamlet Heritage Resource Area is an honorary title
bestowed in recognition of the special character of a neighborhood,
hamlet or area. It honors the properties and the community that has
cherished its historic heritage. Properties selected as hamlet heritage
resources retain the same current Town rights, uses or regulations.
Properties selected as part of Hamlet Heritage Resource Areas are
not designated as Town landmarks or Town historic districts. The Hamlet
Heritage Resource selection is for honorary purposes only.
[Added 8-12-2003 by L.L. No. 63-2003]
A.
Any person, organization or board of the Town of Southampton
may submit an application to the Town Clerk to nominate a man-made
object or group of Historic Resources for selection as a Hamlet Heritage
Resource Area.
B.
Copies of the application shall be forwarded by the
Town Clerk to the Department of Land Management, and the Landmarks
and Historic Districts Board for review. Upon a determination of completeness
by the Landmarks Board, the Department of Land Management and the
Landmarks and Historic Districts Board shall submit an advisory report
to the Town Board.
C.
In its advisory report to the Town Board, the following
criteria will be considered for selection of a Hamlet Heritage Resource
Area by the Landmarks and Historic Districts Board:
D.
The Town Board may schedule a public hearing on the
proposed nomination of a Hamlet Heritage Resource Area or publish
a notice of complete application and written comment period. A public
hearing is not required.
E.
Upon receipt of the Landmarks and Historic Districts
Board's advisory report, the Town Board may consider a resolution
approving the site selection as a Hamlet Heritage Resource Area.
F.
Upon selection as a Hamlet Heritage Resource Area,
the description and the location of the man-made object or group of
historic resources so selected as a Hamlet Heritage Resource Area
shall be listed in a directory entitled "Heritage Resource Areas"
to be maintained by the Landmarks and Historic Districts Board. Said
directory shall be maintained on file in the Department of Land Management
and the office of the Town Clerk.
[Added 8-25-2020 by L.L. No. 7-2020]
A.
TOWN ARCHEOLOGIST
UNMARKED GRAVE
Definitions.
As used in this section, the following words shall have the meanings
indicated:
A certified archeologist/anthropologist appointed by the
Town Board in consultation with the Southampton Town and Shinnecock
Nation Joint Cultural Heritage Protection Committee and the Southampton
Historic Burying Ground Committee.
Any location, not designated as a cemetery, where any human
skeletal remains which may or may not be accompanied by associated
burial artifacts or any location, including any burial mound or earthen
or shell monument, where human skeletal remains inclusive of any associated
burial artifacts are discovered or believed to exist on the basis
of archaeological or historical evidence, excluding any burial marked
or previously marked by a tomb, monument, gravestone, or other structure
or thing placed or designed as a memorial of the dead.
B.
Reporting
requirements for the discovery of an unmarked burial site and process.
When any person discovers an unmarked grave on public or private property
within the unincorporated portions of Town of Southampton, he or she
shall:
(1)
Immediately
cease all construction activities and secure the site from any further
disturbance;
(2)
Immediately
notify the Southampton Town Police Department;
(3)
After
the Southampton Town Police Department has investigated the site,
with the assistance of any local, state or federal agencies necessary,
construction activities may resume only if the Southampton Town Police
Department determines that the remains are not human. In the event
the remains are found to be human, Suffolk County Medical Examiner
will be notified. Upon notification, the Town of Southampton Supervisor
or his/her designee will notify the Town Archeologist;
(4)
The
Town Archeologist will have the following responsibilities:
(a)
Within 24 hours of being notified, he/she shall notify the Southampton
Town and Shinnecock Indian Nation Joint Cultural Heritage Protection
Committee and Stewardship Committee (hereinafter the "Joint Committee")
and the Southampton Historic Burying Ground Committee (hereinafter
the "Town Committee") (hereinafter collectively referred to as the
"Committees") for guidance and assistance in accomplishing the necessary
tasks to properly treat the remains with dignity and respect;
(b)
As soon as possible upon clearance from the Southampton Town Police
Department and/or other appropriate law enforcement agencies, shall
inspect the remains and site and determine the boundaries of the burial
site;
(c)
Determine the lineal decedents and/or culturally affiliated group;
(d)
Work with the landowner, Committee and/or lineal decedents or culturally
affiliated group to develop a disposition plan for the remains which
may include a re-internment or disturbance avoidance measures
(5)
Within
36 hours of notification the Committees, a representative from each
of the Committees will contact the landowner. Jointly the committees
shall obtain the information from the archeologist as to the lineal
decedents and/or cultural affiliation of the remains. In the event
the remains are not of Native American decent, the Southampton Historic
Burying Ground Committee will be charged with stewardship of the remains
and notification of the lineal decedents and/or cultural affiliated
group for purposes of disposition. In the event the Archeologist is
not able to determine the lineal decedents and or culturally affiliated
group, the remains will be in the control and stewardship of the committee
to develop a disposition plan. In the event said human remains are
of Native American Ancestry, within 36 hours of such notification,
the Joint Committee will:
(a)
Notify the lineal decedents and/or culturally affiliated group and
work with them to develop a plan for the disposition of the remains.
(b)
During this time, the Joint Committee will make themselves available
to the landowner and the landowner is encouraged to work with the
Committee during this process to develop such a plan for the disposition
of the remains which may consist of a re-interment and/or an avoidance
plan and assist in obtaining the necessary permits therefor.
(c)
Notify the State Office of Parks and Historic Resources.
(d)
The Joint Committee will have stewardship of Native American human remains and funerary objects removed from the site from the time it receives notification from the landowner subject to Subsection B(3) and (4) above until the lineal decedents are notified at which point it shall be up to that group to take stewardship if they choose. It shall be their option if they wish the Committee to retain Stewardship control.
(6)
Where
any disposition of remains necessitates an additional review and or
approval by the Town of Southampton, such review and approval will
be placed on expedited track and it will be given an administrative
review where not inconsistent with other laws and, upon request, fees
in connection therewith will be considered for waiver by resolution
of the Town Board.
(7)
At
any time during this process, upon request of the landowner, The Town
will make a referral to the Town’s Community Preservation Fund
for eligibility determination for preservation.
C.
Town
referral of projects on Town-owned land. Prior to the preparation
or approval of the final design or plan of any project undertaken
by a Town agency located on Town-owned property, outside the incorporated
areas of the Town, said plan shall be referred to the Town Archeologist
to undertake a diligent inquiry not inconsistent with the evaluation
employed as part of the CPF acquisition program to determine whether
any aspect of the project will effect a disturbance of a known or
suspected burial site for which a culturally affiliated Native American
Tribe or group or lineal decedents can be identified. In such a case
where same can be identified, Archeologist will work with and council
the Town as to how same may be avoided.
D.
Unauthorized
removal of remains. If not otherwise allowed herein, it shall be unlawful
to remove human remains or associated funerary objects from a burial
site identified hereunder.
E.
Unlawful
treatment of remains. It shall be unlawful to deface or destroy a
burial site, human remains and associated funerary objects as identified
hereunder with intent to sell such remains or artifacts.
F.
Penalties.
(1)
Any person found guilty of failing to report the discovery of an unmarked grave with human remains to the Southampton Police Department in violation of § 330-333 of this chapter shall be guilty of an unclassified misdemeanor which shall be punishable by a fine of not less than $10,000 or by imprisonment for a period fixed by the Court but not to exceed 15 days or both.
(2)
Any
person, other than those designated herein as allowed, found guilty
of removing human remains or associated funerary objects from the
burial site shall be guilty of an unclassified misdemeanor which shall
be punishable by a fine of not less than $10,000 or by imprisonment
for a period fixed by the Court but not to exceed 15 days or both.
(3)
Any
person found guilty of defacing or destroying a burial site, human
remains and associated funerary objects with intent to sell such remains
or artifacts, or who sells or attempts to sell human remains or funerary
objects, shall be guilty of an unclassified misdemeanor which shall
be punishable by a fine of not less than $50,000 or imprisonment for
a period fixed by the Court but not to exceed 30 days or both.
(4)
All
in addition to any other crimes, offenses, misdemeanors or felonies
which may properly be brought pursuant to the laws of and by the State
of New York under separate jurisdiction.
[Added 12-21-2023 by L.L. No. 43-2023]
A.
Purpose. The purpose of the Bridgehampton Bull's Head - Main Street
Historic Overlay District is to codify the Town Board designation
of the "Bridgehampton Bull's Head - Main Street Historic District"
in order to protect and preserve the identity of this historic community,
its sense of place, unique character, and historically significant
structures.
B.
Applicability.
(1)
This section shall apply to the Bridgehampton Bull's Head -
Main Street Historic Overlay District, which shall encompass the group
of properties shown on the Zoning Map of the Town of Southampton.
(2)
When the regulations and permitted uses of a zoning district
conflict with those of the Bridgehampton Bulls Head - Main Street
Historic Overlay District, the more restrictive standards shall apply.
C.
CONTRIBUTING RESOURCE
Definitions. In addition to other definitions set forth in this chapter,
the following definitions shall apply to this section:
D.
Contributing resources. The following properties are Contributing
Resources within the Bridgehampton Bulls Head - Main Street Historic
Overlay District.
|
Suffolk County Tax Map Number
|
Street Address
|
Resource Criteria
|
|---|---|---|
|
No Tax Map
|
Founders Monument (Intersection of Montauk Hwy. and Ocean Rd.)
|
Contributing Resource
|
|
900-69-5-7.1
|
23 Corwith Avenue
|
Contributing Resource
|
|
900-69-5-9
|
2400 Montauk Highway
|
Contributing Resource
|
|
900-69-5-10
|
2402 Montauk Highway
|
Contributing Resource
|
|
900-69-2-17.8
|
2266 Montauk Highway
|
Contributing Resource
|
|
900-69-2-21.1
|
2350 Montauk Highway
|
Contributing Resource
|
|
900-69-2-22
|
2368 Montauk Highway
|
Contributing Resource
|
|
900-69-5-11.1
|
2408 Montauk Highway
|
Contributing Resource
|
|
900-69-5-11.3
|
2414 Montauk Highway
|
Contributing Resource
|
|
900-69-5-11.5
|
2418 Montauk Highway
|
Contributing Resource
|
|
900-69-5-11.6
|
2422 Montauk Highway
|
Contributing Resource
|
|
900-69-5-11.7
|
2424 Montauk Highway
|
Contributing Resource
|
|
900-69-5-12
|
2426 Montauk Highway
|
Contributing Resource
|
|
900-69-5-14
|
2434 Montauk Highway
|
Contributing Resource
|
|
900-69-5-17
|
2442 Montauk Highway
|
Contributing Resource
|
|
900-69-5-18.1
|
2446 Montauk Highway
|
Contributing Resource
|
|
900-69-5-19.1
|
2450 Montauk Highway
|
Contributing Resource
|
|
900-69-5-20
|
2454 Montauk Highway
|
Contributing Resource
|
|
900-69-5-23
|
2462 Montauk Highway
|
Contributing Resource
|
|
900-69-5-24
|
2466 Montauk Highway
|
Contributing Resource
|
|
900-69-5-25
|
2468 Montauk Highway
|
Contributing Resource
|
|
900-69-5-26
|
2478 Montauk Highway
|
Contributing Resource
|
|
900-69-5-29
|
2486 Montauk Highway
|
Contributing Resource
|
|
900-69-5-34.1
|
2488 Montauk Highway
|
Contributing Resource
|
|
900-71-1-35
|
39 Lumber Lane
|
Contributing Resource
|
|
900-71-3-8.1
|
1 Bridgehampton Sag Harbor Turnpike
|
Contributing Resource
|
|
900-85-1-21
|
2214 Montauk Highway
|
Contributing Resource
|
|
900-85-1-27.1
|
2200 Montauk Highway
|
Contributing Resource
|
|
900-86-1-1
|
2273 Montauk Highway
|
Contributing Resource
|
|
900-86-1-4
|
2309 Montauk Highway
|
Contributing Resource
|
|
900-86-1-8.3
|
2357 Montauk Highway
|
Contributing Resource
|
|
900-86-1-18
|
2247 Montauk Highway
|
Contributing Resource
|
|
900-86-2-1.3
|
2385 Montauk Highway
|
Contributing Resource
|
|
900-86-2-2
|
2395 Montauk Highway
|
Contributing Resource
|
|
900-86-2-3
|
2397 Montauk Highway
|
Contributing Resource
|
|
900-86-2-4
|
2405 Montauk Highway
|
Contributing Resource
|
|
900-86-2-14.2
|
2463 Montauk Highway
|
Contributing Resource
|
|
900-86-2-15
|
2479 Montauk Highway
|
Contributing Resource
|
|
900-86-2-16
|
2487 Montauk Highway
|
Contributing Resource
|
|
900-86-2-17
|
2489 Montauk Highway
|
Contributing Resource
|
|
900-86-2-18
|
2491 Montauk Highway
|
Contributing Resource
|
|
900-86-2-19
|
2493 Montauk Highway
|
Contributing Resource
|
|
900-86-2-20
|
2495 Montauk Highway
|
Contributing Resource
|
|
900-86-2-22.1
|
30 Ocean Road
|
Contributing Resource
|
|
900-86-2-27.1
|
32 Hull Lane
|
Contributing Resource
|
|
900-86-2-57.5
|
2429 Montauk Highway
|
Contributing Resource
|
|
900-86-2-57.6
|
2415 Montauk Highway
|
Contributing Resource
|
|
900-88-1-1.1
|
2539 Montauk Highway
|
Contributing Resource
|
E.
Non-contributing resources. The following properties are Non-contributing
Resources within the Bridgehampton Bulls Head - Main Street Historic
Overlay District:
|
Suffolk County Tax Map Number
|
Street Address
|
Resource Criteria
|
|---|---|---|
|
900-69-5-8
|
19 Corwith Avenue
|
Non-contributing
|
|
900-69-2-10.2
|
50 Corwith Avenue
|
Non-contributing
|
|
900-69-2-17.5
|
2272 Montauk Highway
|
Non-contributing
|
|
900-69-2-17.7
|
2252 Montauk Highway
|
Non-contributing
|
|
900-69-2-19
|
2322 Montauk Highway
|
Non-contributing
|
|
900-69-2-23
|
Newman Village Condominium
|
Non-contributing
|
|
900-69.1-1-1
|
2284 Main Street, Unit 1
|
Non-contributing
|
|
900-69.1-1-2
|
2286 Main Street, Unit 2
|
Non-contributing
|
|
900-69.1-1-3
|
2288 Main Street, Unit 3
|
Non-contributing
|
|
900-69.1-1-4
|
2290 Main Street, Unit 4
|
Non-contributing
|
|
900-69.1-1-5
|
2292 Main Street, Unit 5
|
Non-contributing
|
|
900-69.1-1-6
|
2294 Main Street, Unit 6
|
Non-contributing
|
|
900-69.1-1-7
|
2296 Main Street, Unit 7
|
Non-contributing
|
|
900-69.1-1-8
|
2298 Main Street, Unit 8
|
Non-contributing
|
|
900-69.1-1-9
|
2300 Main Street, Unit 9
|
Non-contributing
|
|
900-69.1-1-10
|
2302 Main Street, Unit A
|
Non-contributing
|
|
900-69.1-1-11
|
2304 Main Street, Unit B
|
Non-contributing
|
|
900-69-1-1-12
|
2306 Main Street, Unit C
|
Non-contributing
|
|
900-69.1-1-13
|
2308 Main Street, Unit D
|
Non-contributing
|
|
900-69.1-1-14
|
2310 Main Street, Unit E
|
Non-contributing
|
|
900-69.1-1-15
|
2312 Main Street, Unit F
|
Non-contributing
|
|
900-69.1-1-16
|
2314 Main Street
|
Non-contributing
|
|
900-69-5-13
|
41 Montauk Highway
|
Non-contributing
|
|
900-69-5-36.1
|
2510 Montauk Highway
|
Non-contributing
|
|
900-85-1-20.1
|
2228 Montauk Highway
|
Non-contributing
|
|
900-85-2-4
|
2155 Montauk Highway
|
Non-contributing
|
|
900-85-2-5
|
2167 Montauk Highway
|
Non-contributing
|
|
900-85-2-6
|
2173 Montauk Highway
|
Non-contributing
|
|
900-85-2-7
|
2183 Montauk Highway
|
Non-contributing
|
|
900-85-2-8
|
2195 Montauk Highway
|
Non-contributing
|
|
900-85-2-9
|
2209 Montauk Highway
|
Non-contributing
|
|
900-85-2-10
|
2221 Montauk Highway
|
Non-contributing
|
|
900-85-2-12.1
|
2231 Montauk Highway
|
Non-contributing
|
|
900-86-1-2
|
2287 Montauk Highway
|
Non-contributing
|
|
900-86-1-3
|
2297 Montauk Highway
|
Non-contributing
|
|
900-86-1-5
|
2317 Montauk Highway
|
Non-contributing
|
|
900-86-1-6
|
2331 Montauk Highway
|
Non-contributing
|
|
900-86-1-7
|
2339 Montauk Highway
|
Non-contributing
|
|
900-86-2-1.1
|
2393 Montauk Highway
|
Non-contributing
|
|
900-86-2-1.4
|
2389 Montauk Highway
|
Non-contributing
|
|
900-86-2-5
|
2411 Montauk Highway
|
Non-contributing
|
|
900-86-2-7.4
|
95 School Street
|
Non-contributing
|
|
900-86-2-7.5
|
97 School Street
|
Non-contributing
|
|
900-86-2-8
|
89 School Street
|
Non-contributing
|
|
900-86-2-31.1
|
2425 Montauk Highway
|
Non-contributing
|
|
900-86-2-57.2
|
99 School Street
|
Non-contributing
|
F.
Certificates of appropriateness.
(1)
A certificate of appropriateness from the Landmarks and Historic Districts Board shall be required in accordance with the provisions of § 330-322 through § 330-326 of this chapter prior to any work affecting the exterior of any property or structure upon a property within the Bridgehampton Bulls Head - Main Street Historic Overlay District, including but not limited to exterior alteration, restoration, reconstruction, demolition, new construction, moving existing structures, and material changes in the exterior appearance of the property or structure that are visible from a public street or alley such as light fixtures, signs, sidewalks, fences, steps, paving.
(2)
A certificate of appropriateness shall not be required for ordinary
maintenance and repair of any exterior architectural feature of a
property or structure within the Bridgehampton Bulls Head - Main Street
Historic Overlay District, so long as such maintenance and repair
does not involve a change in design, material, color or outward appearance.
(3)
In addition to the criteria for approval of a certificate of appropriateness in § 330-323, the Landmarks and Historic Districts Board shall be guided by the design guidelines established by the Landmarks and Historic Districts Board in the publication prepared by the Town Historian, titled "Bridgehampton's Historic Hamlet Review and Design Guidelines," and the Secretary of Interior's Standards for Rehabilitation and the Guidelines for Rehabilitating Historic Buildings (most recent editions).
