The March meeting of the Muttontown Village Board was a mixed bag that could be grouped together as zoning issues, the one function the present Nassau County Legislature states is not the provenance of any new village. It kept the board engaged in trying to solve the neighborhood problems and showed the importance of the function.

The meeting began as Charla Bolton a preservation advocate with the Society for the Preservation of Long Island Antiquities spoke as the invited guest of board member William Floyd-Jones. The board is concerned with the number of homes being taken down and replaced with larger, less historic dwellings.

Ms. Bolton is a new member of the Huntington Landmarks Preservation Commission. She said, before the meeting began, that there had been a list of 90 historic homes in the area but she said she didn't know how many remained. Mayor Richard Murcott said the board has been very interested in preserving some of the historic homes in Muttontown.

Ms. Bolton left material with the board to study to further their inquiry into the subject of preservation. She explained that landmarking is a zoning ordinance meant to protect historic resources or landmarks. They can be considered landmarks for architectural, cultural or historic reasons. They can also be the work of a major architect as an important example of his or her work.

Landmark designation is a regulatory process for protection. It protects a building from destruction and to keep any changes made compatible with the original site. Landmark designation regulates the way changes are made, it does not prohibit change, she said. Another method of preservation is the creation of an historic district.

She explained that landmark designation regulates the alteration, moving or demolition of a building. Sometimes a landmark commission can be involved in choosing paint colors, but not always. Things like siding, windows, activities or things that already need a permit are regulated by a landmark group.

Usually landmarks are only controlled in relation to the exterior view of the site, from the roadway. In some cases, the interior of a building is landmarked, for example, she said, in the case of the theater district in New York City, where the interior of the buildings are protected and preserved. Otherwise landmarking the interior of a building is almost never done, she added.

Ms. Bolton said a landmarks commission needs several experts including, "An architectural historian, a real estate expert, an architect, an historian, a dedicated resident and a set of standards so that decisions aren't arbitrary and capricious." She said the US Department of the Interior Guidelines are easily available for use as a standard.

Mayor Murcott said the board is concerned about some older buildings being demolished, and that the village is losing its history.

Ms. Bolton said she had examples of anti-demolition ordinances that are relatively new and are for use by communities not ready for a Landmark Commission but concerned about losing buildings.

The mayor was concerned that the village might be sued in relation to landmarking buildings. Ms. Bolton said there was no perfect system but that if the board established criteria and an appeal process to a landmark commission where the findings become a public record it can work as long as the law can be shown to be constitutional.

Trustee Russell Crocker asked if other villages have landmark commissions. The answer was the Hamptons, Great Neck, Sands Point and Glen Cove. Village Attorney Peter MacKinnon said the Woolworth house in Glen Cove was prevented from being demolished but he added it is an expensive process.

Ms. Bolton said those villages with landmark commissions also have Certified Local Government status, a designation given by New York State that offers the opportunity for some preservation funding.

Highway Commissioner Raz Tafuro said, "The bottom line is the Yankee dollar. Today people are buying an older house, knocking it down and building a million dollar home."

Ms. Bolton was understanding of a homeowner's view and said, often the older houses don't meet today's living standards.

Trustee Laura Shapiro said she would like to see landmarks preserved.

Ms. Bolton said NYS created a law five years ago that says if a landmark owner spends a certain amount over in raising the assessed valuation of a house, there is a tax benefit available. She said the preservation league, in Albany, and in the federal government, are debating the possibility of a tax credit for preservation activities.

Mayor Murcott asked about façade easements but Ms. Bolton's take was: "It ends up being 'a movie set back lot'. It has no value and you lose the resource. It has no use, just a weird façade and no real preservation so it is not a great tool."

Ursula and William Niarakis of the Hoffman Foundation attended the meeting and he asked if there is a cost to creating a landmark commission. Ms. Bolton said it is typically an unpaid board that meets once a month.

Mr. Niarakis said there is a difference of opinion between what is renovation and restoration. Ms. Bolton's answer was: "I can't say enough about having guidelines like the Secretary of the Interior's guidelines that are available in illustrated form."

The board said it will consider the material Ms. Bolton left with them.

The village board listened as a resident told of living in the village for 14 years only to have a new neighbor move in and erect a 6 ft. fence that cut off all his views of the country-like village. "We don't get light, the sun, the views," he said sadly. He said the neighbor had moved land to create landscaping.

The mayor considered the man's plight and commented that residents are not supposed to change the grade more than three feet or they have to apply to the ZBA.

Mayor Murcott said the village has been involved for years and years with garages built partially on someone else's property, or put up with no required setbacks and buildings put up without permits. There are rules, but it appears some contractors come into the village and do not get building permits.

While there are fines, Trustee Laura Shapiro pointed out that in the case of million dollar homes the fines don't mean a thing, since the fines are so low.

Highway Commissioner Raz Tafuro mentioned another aspect of the problem, "Everyone is selling their home and closing without permits and we have to make enemies of the new homeowners." He said the village then discovers that a den is added on to a house or an extension is and it adds to the taxes on the house.

* A husband and wife attended the meeting for having work done on their house without permits. They questioned the need saying they were making a closure and not an extension to the house since the concrete slab was already there, with a roof, and they were closing it in. It's an addition, said the building inspector.

* Mark Madden and his wife Barbara have sold their house in Muttontown and he is resigning from the ZBA. They are moving the alternate, Brian Hessel into the job. The appointment was OK'd by the board, unanimously. They plan to give Mr. Madden a citation for service to the village.

Mayor Murcott commented on the discussions of permits and fines. He said a fine of $250 for work without a permit is too low when the house is a million dollar building. He mused, "If a contractor works without a permit can we complain to Nassau County?" That brought up the question of knowing if a contractor's license had been revoked.

Muttontown resident Peter Kandell said "Muttontown has a reputation for being tough in zoning disputes and then they (the constructions) come down." He said the buildings come down.

Mayor Murcott said a neighbor of his had to take down a roofline three feet, "Much to his horror," said the mayor.

Trustee Russell Crocker said there were 19 new building applications - three new houses and the rest are pools and alterations.

The board planned to send letters to homeowners so that they understand the process that the building permit is first, then comes the site inspection and then the certificate of occupancy.

The problems with Woodcrest Country Club are coming to an end with their filling in a problem wet area. The village will watch to see that it isn't filled so high that it drains onto the road. That in turn causes road deterioration.

The process of the new police headquarters is still being discussed. "The cemetery board is not interested in selling land or swapping land to give the police more room to build," said Trustee Ed Henn. Therefore the Old Brookville Police are investigating for new locations, he said. (There were no fires to report on, said Trustee Bert Spitz.)

Mr. Tafuro said there is firewood available for residents to buy. A cord of wood sells for $100, already split. Mr. Tafuro said they would rather sell it than haul it to a dump site. It can cost $3,000 to $4,000 to rent a trailer.. There are about 30 trees, oak and walnut trees that were taken down on Mill River Road last year during the storm. "It's valuable wood," said Mr. Tafuro.

He reported a problem with water drainage in Upper Brookville that is spilling onto Muttontown Roads. The water causes problems as it lifts and cracks the asphalt, therefore Mayor William Fogarty has been contacted about the situation.

Trustee Henn said of the change from five to seven members on the planning board, "I'm really impressed with the quality of the new members."

* The board is asking for landscaping and a berm on commercial property abutting the village at the former Singer Sewing Machine building on Underhill Avenue.

* They want more information from the Kirby Hill Application. There are three volumes but there are still things lacking from the report, said Mr. Henn.

* The ZBA meeting has Martin Viette on the agenda for April. Nine months ago they were planning some changes on the site.

The proposed budget stays at 6.55 per $100 of assessed valuation, for the third year. The East Norwich Fire Department will cost 1.91 per $100 of assessed valuation, up six cents.

Voting: Recently appointed William Floyd-Jones will run for two years not four as he is filling in the vacancy for Tom Tracey's term. He will have to run in two years for his own term.

The map of all the village subdivisions is in. They are progressing with work on a website.

On the proposed cell tower: the company will advise the village on when the power test will be done.

More signs for the village streets are coming in, said Laura Shapiro, who is in charge of beautification. They are considering flowers near the base of the signs but the problem is getting water to the blooms.

The next board meeting is on Monday, April 8 at 8 p.m. at village hall. Residents are welcome and the board lets them speak before they take care of the items on the agenda.