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| 'Any time somebody steps in and tells you what you can and can't do with your property, government has stepped over the line. Some people think that's not that big a deal, but I do.'
— Trustee Tom Kehoe |
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February 03, 2010 | 09:58 AM
In a 4 to 1 vote Feb. 2, the Northport Board of Trustees passed a controversial, 30-page historic review law, which Trustee Tom Kehoe opposed.
The legislation says that work on the exterior of a building 100 years or older that would require a building or demolition permit must also get approval from the Architectural and Historic Review Board, along with all other boards such projects are ordinarily subject to.
In the village, several hundred buildings are at least a century old, Deputy Mayor Henry Tobin said. Homeowners who comply and go through with authorized changes are eligible for a tax abatement; those who make any major changes outside of the compliance process are subject to penalties of up to $1,000.
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'Everyone's right to make changes to their homes must be maintained. This law simply tries to ensure that the changes made are consistent with the historical style of that particular home.'
— Deputy Mayor Henry Tobin |
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The legislation does not
apply to such minor jobs as painting and door/window modernization, nor to any freestanding structures like gazebos, fences or arbors. It also excludes structures in Central Business Districts A and B, which are already covered by a separate but similar 10-page law enacted on a trial basis in 2007 and made permanent 4 to 1 last June.
After hearing public comment on Jan. 19 for and against the review law, the mayor and trustees discussed the matter further. All but one trustee indicated their wish to enact the legislation, albeit with significant refinements after public input over the past six months, officials said.
Those changes include: a two-year sunset provision; exemptions from review for things like repair of damage, solar panels, emergency situations and so on; a more detailed residential hardship exemption; refinement of decision criteria, and assurance that a property owner will get all possible tax and other benefits allowed under state law.
Trustees in favor, including Tobin, Jerry Maline and Damon McMullen, argue that the law will safeguard Northport's historic and aesthetic charm in the face of new construction and a changing community. Last June, Mayor George Doll pitched the idea this way: "… if you sell your home, the next person might not take care of your house. They might want to demolish it or 'remuddle' it. This legislation will ensure that doesn't happen."
Last week, Tobin said, "Everyone's right to make changes to their homes must be maintained. This law simply tries to ensure that the changes made are consistent with the historical style of that particular home. I am determined to make sure that this law works fairly, provides flexibility, is continually monitored and reviewed and is amended if needed."
But Kehoe is steadfast in his opposition to what he calls "government creep." He said, "Any time somebody steps in and tells you what you can and can't do with your property, government has stepped over the line. Some people think that's not that big a deal, but I do. … It's somewhat sacred that people value their home above all other things in terms of what they own." Historic preservation is more palatable, he said, when it comes from residents who reach a consensus on establishing a historic district. Tobin said the new legislation allows for such resident-initiated historic districts.
Referring to the enhanced role that the legislation gives to board-appointed AHRB members, Kehoe said, "I'm also opposed to further empowering unelected people. I'm not in the business of giving them more authority — they're not answerable to the voters." He added that the village cannot afford to offer tax abatements in a recession.
Tobin repudiated complaints that the process of surveying and enforcement would be expensive. "This is not expensive," Tobin said. "The survey of buildings was done in 1978-79 as part of the New York State Department of Parks, Recreation and Historical Preservation building structure inventory. The information on building age is still valid. There are no new 19th century buildings built since the 1970s. …"
Also, no member of the AHRB receives a salary. Board expense is limited to the secretary, who receives $1,000 a year.
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