Save the Jewel By the Bay has done more than encourage the Town of Oyster Bay to look at zoning and building regulations in the hamlet. The work that began here is being used as a testing ground for expanding the work town-wide. The tree ordinance is in place and being used town-wide.

The town has already decided to fine tune the new ordinances and to not change the maximum height in the residential areas, from 28 feet to 25 feet, as they have in the hamlet, but are instead going to 26 feet after seeing how the numbers are handled by architects, builders and developers. Currently they are involved in a demolition case that they see as a test case for the new regulations - will the person decide if it is better to preserve a house rather than demolish it when considering how the new regulations affect their plans for re-building. The town has enacted several new building guidelines to prevent "McMansions" from dwarfing their neighbors through judicious fine tuning of building requirements. Architects and builders are learning how to make the most of the new guidelines.

At the Save the Jewel By the Bay meeting on Monday, June 16 at the First Presbyterian Church co-founder Kathy Prinz announced that the Oyster Bay Enterprise Pilot is running a Jewel of the Week series that features the historic residential homes in the hamlet of Oyster Bay. It is a continuation of their current photographic display of historic residential homes at the Oyster Bay Public Library that will be there through July.

"There are literally hundreds of Jewels in this hamlet," said Kathy Prinz. Betty Murphy is coordinating the display at the library and the information from homeowners interested in featuring "their jewel."

David Portman, the Town of Oyster Bay's planner from Fredrick P. Clark Associates said Ms. Prinz and co-founders Rita Pecora and Ben Jankowski should be featured as Jewels of the Week, to much applause from the audience.

Mr. Portman complimented the three for their work with the town to create a "Better Oyster Bay." The founders of the Save the Jewel By the Bay complimented the town on their willingness and great cooperation in working on the project.

Mr. Portman spoke of the legislative changes that have resulted from the residential building moratorium, and after the work by Save the Jewel By the Bay and the town experts, saying the changes they created here are being proposed town-wide.

The work in the hamlet of Oyster Bay began with the re-zoning of areas of the hamlet to reflect what was actually going on in them. Mr. Portman said the work began as they studied the 405 acres of land in the hamlet and saw that some zoning changes should be made. Some areas had lot sizes and development patterns that were more consistent with higher zones and the planners were concerned about possible subdivision and overdevelopment of those lots. In the Florence Park area they recommended the zoning be changed from R1-6 (6,000 sq. ft.) to R1-10 (10,000 sq. ft.) as being more in keeping with what was there. They recommended other zoning changes and as a result, the Oyster Bay Wildlife Refuge Area at the Mill Pond was changed to the town's new recreation zone. Two more areas in the vicinity of the Mill Pond changed from the 6,000 to 10,000 sq. ft. zone requirement as being more reflective of those areas currently - again, to maintain the integrity of those areas.

They also established the Oyster Bay Residence Design District with special standards for building. These standards and the zoning changes were adopted by the town board in April 2007.

The standards include a floor area ratio as a method of controlling the size of houses to prevent any unduly large homes, Mr. Portman said. It established maximum sizes of houses and will prevent McMansions. It is also to reduce the incentive for tear downs.

There is now a new maximum building height in the hamlet that went from 28 ft. to 25 ft. Town-wide, Mr. Portman said they plan to reduce it from 28 ft. to 26 ft. Another control established is the height set back ratio. It keeps new homes from building too close to their neighbor - creating alleyways.

An important element in the creating of McMansions and subdivisions involves the demolition of larger older homes. To make developers think before they act, the town changed the way demolition permits are obtained. Previously they were administrative issues only. Mr. Portman said then it was just to be sure the property was being properly prepared for demolition, that gas, electricity, and oil were turned off. Later, after the demolition, the developer would come in with plans for a subdivision or for two or three houses on that large lot.

Mr. Portman said the new process involves the town's Planning Advisory Board (PAB) site plan review for any demolition permit; and a public notice to be put up on the site to alert local residents of the PAB public meeting so they can attend and air their views. Mr. Portman said, when the developer goes before the PAB with their plans, they might find out they can't build what they intended to build, and might instead decide to renovate the building instead of demolishing it. That would help retain older homes. He said they are reviewing their first demolition permit now which will be a test case.

Besides the floor ratio and building height changes, they considered roof pitch and steep slope regulations. They created a standard for roof slopes to prevent builders from flattening roofs to get the most out of the new regulations.

Steep slopes were addressed because using them creates sedimentation and loss of topsoil. Mr. Portman said, when a town is well developed the areas remaining are steep slopes and wetland areas because they are the most difficult sites to develop. The town wants to protect water quality and prevent landslides and mud slides, as well as protecting the hamlet's visual quality. They chose a steep slope of 25 percent saying, if you are going to disturb a steep slope of 25 percent or more, you have to get a permit.

Another way to handle sensitive land is called Environmental Subtraction. To assure if a steep slope or wetland area is being correctly used they subtract 50 percent of a steep slope parcel and 75 percent of a wetland parcel to reduce the buildable area on the lot. It is applicable to new building lots, said Mr. Portman.

Another protection involves minimum standards if the property has on-lot sewage disposal or central sewage service, concluded Mr. Portman.

Leslie Maccarone, deputy commissioner of the department of planning and development said they have been working on the new legislation that will become town-wide, but are going to take about a year before they do that, to see how they work in Oyster Bay. She said there were a few applications already in the pipeline before the hamlet's residential moratorium was passed and they have received variances. "That is everyone's right," she said, "to go through the appeal process."

As for new legislation, there is a lot of work to do, she added. The staff have been working on the new regulations and they are getting used to them, but it is a new learning curve for developers and architects, she said.

The department has had to give a lot more rejections for people who have been working on plans and now have to redesign those plans or go for a variance, she added.

There are new proposals that will shortly be on the town board meeting calendar. She said the Nassau County Planning Commission is currently looking at the new items the planners have suggested.

Gerri Solomon of Hofstra University, assistant dean for special collections and university archivist, said she is in the midst of doing a retrospective look at the hamlet of Oyster Bay and its build environment. They are looking at old maps including: those in the Town of Oyster Bay's historical material; at the Oyster Bay Public Library collection; and the Oyster Bay Historical Society collection as well as using Hofstra's own Long Island Studies Institute material. She said they have fabulous post card views of Oyster Bay. "Post cards are great, not only do they give you a visual but sometimes they tell you who was living there and where," she said.

Ms. Solomon said some buildings in the hamlet are being re-used, Raynham Hall was a home and today it is a museum.

In a telephone interview, Philip Blocklyn, the archivist of the Oyster Bay Historical Society, had a few more examples of re-use in the community. He said, "The Earle-Wightman House, the headquarters of the OBHS, is a museum and is a genealogical and historical storehouse of information. The Country Lady, another historic house in Oyster Bay on West Main Street is currently a commercial property. The Octagon building has been re-used again and again. On the other hand, many buildings have been torn down instead of being re-used, an example is the Florio building on South Street. The front commercial section of the property and the house behind it were razed to create parking for Harbor House, several years ago. The Moore's building is an example of a commercial property that has been very well used. It doesn't have to be only residences. There are many buildings in Oyster Bay that have been preserved very well and continue to be used. You could even include the Coe Estate at Planting Fields, and Sagamore Hill, as major examples of homes that have been preserved and are used for education on history. It adds a great deal to the community." After a moment, he added, "And the Oyster Bay Library, it incorporates the Bishop house, another great example of preservation and re-use," he said.

At the meeting, Ms. Solomon said, "People in town know and appreciate the historic houses in Oyster Bay." The criteria of documenting the houses, she said includes: does it have landmark designation; what materials are used to build it; is it related to a historical incident or person. So far they have looked at 1,280 individual properties in the hamlet.

She listed some of the building types in the hamlet and showed slides that illustrated the styles. They include, Dutch Colonial; Dutch Colonial Revival; Colonial Revival; Bungalow style; The Octagon style (Hotel); Queene Anne Victorian; Italianate style; Shingle style; Gothic Revival Cottage in board and batten sheathing of which she said, there is only one left in the hamlet of Oyster Bay.

Ms. Solomon said they are also looking at what other areas in the country have done in terms of preservation including, Alexandria, Virginia - they realize it is historic and realized that should be promoted, and came up with a series of plans and objectives to do so; the Arkansas Historical Preservation Program worked with easements; Cleveland, Ohio uses a plaque program for people who want to conform to a set of preservation guidelines and would also get a tax incentive.

Ms. Solomon is writing a history of the houses in the hamlet and will make recommendations on some specific houses and some plans for the future. She said the data is being collected by graduate students walking around the hamlet. They are looking at houses in the hamlet and the different types of styles that are unique to the area - in terms of preservation and historic value, in the midst of looking at different possibilities that might work for the hamlet such as preservation options, legislative options, and community type options. Once you know what you have you can see what options are available in terms of preservation, she said.

Ms. Solomon offered the listeners a self mailer that included questions about their historic house - those over 50 years.

Grace Searby, who owns a Victorian house, asked how to protect her Jewel of the Bay in case she decided to sell it. Leslie Maccarone talked about the benefits of landmarking a house to preserve it saying, that even if it is sold to a new homeowner, any changes to the exterior of a landmark house have to go through the oversight of the Town's Landmark Preservation Commission.

If someone in a landmark house wants to alter it, as soon as they apply for a building permit, they go into the pipeline for approval by the Oyster Bay Landmarks Preservation Commission, which is a way to keep the landmark status of the house.

[There are presently flaws in the system, for example, since if the new homeowner of a landmark property decides to change the windows, or paint the house a different color, they do not need a permit and therefore can skirt the law. Currently, since the death of Dorothy Horton McGee at the end of 2003, her job of town historian was given to John Hammond but there has been no new chairperson for the Oyster Bay Landmarks Preservation Commission, another position she held. Also the number of landmark commission board members has declined and there are currently not enough members to have a quorum - needed for a vote.]

During the discussion, an interesting story was told by Leslie Maccarone who added that when a house is landmarked so is the property. So if the homeowner wants to subdivide the site and add a second home, it too falls under the landmarks commission as well. It happened in the late '90s in Massapequa, on the Serpe house site. An old Victorian house located on a large enough property to subdivide for a new home, did so, building a second Victorian home in keeping with the existing house.

As for the legalities, Hal Mayer, Esq., the town's environmental consultant, explained that if a house is a landmark, it has the force of the town behind the designation; but that if a restriction or covenant that is put into a private document involving the sale of a house, the homeowner themselves must go to court if those restrictions are broken. It is costly, he said.

Richard Leary, the supervisor of the Town of Oyster Bay Tree Preservation Bureau, a part of the Parks department, gave an overview of another focus for the work of Save the Jewel By the Bay. The group was concerned over seeing large old trees cut down that give character to the hamlet - and as a result have worked with the Town of Oyster Bay to add to its existing tree ordinance that needed updating and revision. Rich Leary said the town got significant input from Save the Jewel By the Bay and much expert opinion and many of their recommendations are in the new laws.

The ordinance starts with a statement of intent on the importance of trees - and that any tree with a diameter at breast height of eight inches or more needs a permit to be cut down. Originally the ordinances were for town property, but now, all trees, including those on private property are covered under the ordinance.

If someone wants to remove a tree they need to fill out an application that presents a tree preservation plan for trees to be preserved, and restoration plans for areas that will be disturbed by tree removal; and mitigation plans which usually means putting in one or more new trees.

The town has revised its list of native species, that are considered acceptable trees and a list of street trees and landscape trees - because the characteristics and impacts of the trees are very different.

They have established an appeals process with a new five member commission, one representing the town supervisor and one each from the town's departments including: environmental resources; parks; planning and development; and public works; and with higher dollar amounts on penalties for violations.

The new department for tree ordinance was created as part of the Parks Department starting on Jan. 1, said Mr. Leary. He said, "There may be some changes in the future to help define us as a bureau of both arboriculture and horticulture. There are three people in the office and four tree inspectors. They are all learning about trees and are very enthusiastic," he said.

Now as of Jan. 1 over 310 applications have been received and they handle over six to seven a day. He said, "We are here to preserve trees and encourage tree planting. Most people want to replace trees," he said. "We have denied seven tree removals. They can appeal. They were not happy but we worked things out. The trees are still there, so it worked," he said. Often people want ornamental trees but the town is more interested in their putting in the larger shade trees that give the town its character and stature.

"There have been some disgruntled contractors but the town has sent out mailings and they are being helpful. The contractors are the ones who have to tell the homeowners what has to be done," he said.

Violators are sent a stop order and may have to go to court.

Mr. Leary said, "In Massapequa, someone cut down 19 trees and had been warned not to. The person will be in court on July 2, and the fees go from $350 to $1,000 for the trees taken down." Grace Searby asked why the violator did it when he was told not to, and Mr. Leary said, "He thought he would get away with it."

He said his inspectors drive around and have a list of violators to check. He said they are getting out the needed information and said, "We can talk people into keeping stately trees that should stay." They have also turned people away from taking other trees down - all successes for the program.

Mr. Leary said LIPA was the first to knock on their door to find out about the tree program. They are involved in clearing their power lines. He said they are professional arborists and tree-cutters and conscientious about what they do and stay up with the ordinances. He said today, people are more concerned with saving trees. He said LIPA has changed their ways, at one time they cut trees so they looked like palm trees.

He added an interesting sidelight, "As far as the state and county is concerned - schools are exempt from tree ordinances."

Mr. Leary said in relation to requests to take down trees in town parks, they try to find out why a tree is to be taken down. Fran Leone commented that there was a tree that was taken down near the TR Park boat ramp. She said, "There was a big hole in the trunk." It became clear that was the reason the tree was removed. He said it will be replaced.

Ms. Leone, who attended the meeting, sat at a table with literature about the new tree ordinance. She said to give the audience the numbers to call during the week if they see trees being taken down illegally (797-7956 for the Tree Preservation Bureau, and 677-5812 if trees are being taken down on at the curb), including on the weekends, when you should call public safety at 674-5350.

Mr. Leary said he realized the need to be watchful on the weekends and they plan on staffing their office for Saturdays.

Mr. Leary said the Towns of North Hempstead and Hempstead were looking into tree ordinances. "I am proud that the Town of Oyster Bay is leading the way," he said.

Caroline DuBois brought up the issue of the underground water in the hamlet which she called another historic feature to be aware of. Ms. Maccarone said it was a good point but one they weren't prepared to address, but one they feel has merit and is worth investigating. She said, "In the future we can get together and have a separate meeting on the issue."

Ms. DuBois suggested that the information about historic houses in the area include information about artesian wells and streams on each property.