[HISTORY: Adopted by the Town Board of the Town of Saugerties 3-24-2004 by L.L. No.
3-2004. Amendments noted where applicable.]
Pursuant to Article 5, § 96-a, and Article 5-K, New
York General Municipal Law; Article 4, Parks, Recreation and Historical
Preservation Law; and the National Historic Preservation Act of 1966,
it is hereby declared as a matter of public policy that the protection,
enhancement and perpetuation of landmarks and historic districts are
necessary to promote the cultural, economic and general welfare of
the public. The Town has many significant and interrelated historic
resources that constitute its heritage. These include architectural
and cultural properties, archaeological sites, and cemeteries as well
as important land and maritime transportation routes and the remains
of early industrial, commercial, agricultural, recreational and artistic
sites. Inasmuch as the identity of a people is founded on its past,
this chapter is intended to:
A.
Protect, enhance and promote the landmarks and historic districts
which present distinctive, informative and educational elements of
the historic, architectural, archaeological and cultural heritage
of the Town;
B.
Focus and stimulate attention on and foster civic pride in the historic
accomplishments and resources in the Town;
C.
Protect and enhance the attractiveness of the Town to residents and
visitors, thus supporting and providing stimulus to the local economy;
and
D.
Ensure the harmonious, orderly and sensitive development of the Town.
There is hereby established a commission to be known as the
"Historic Preservation Commission of the Town of Saugerties," hereinafter
referred to as the "Commission."
[Amended 2-16-2011 by L.L. No. 1-2011; 4-17-2019 by L.L. No. 2-2019]
A.
Membership.
(1)
The Commission shall consist of five members who shall be appointed
by the Town Board. Four of the five members shall be residents of
the Town of Saugerties. One of the five members of the Commission
may be a nonresident of the Town. Persons who have demonstrated significant
interest in and commitment to the field of historic preservation,
evidenced by involvement in a local historic preservation group, employment
or volunteer activity in the field of historic preservation, or other
serious interest in the field, shall be eligible for appointment as
members of the Commission. The Town Historian shall be an ex officio
nonvoting member of the Commission.
(2)
Alternate members to Historic Preservation Commission.
(a)
Declaration of policy: It is sometimes difficult to maintain
a quorum or a full board on the Historic Preservation Commission,
because members are ill or are on extended vacation or find they have
a conflict of interest situation on a specific matter before such
Commission. In such instances, official business cannot be conducted
if there is not a quorum or be fully reviewed if there is not a full
Commission, which may delay or impede adherence to required timeliness.
The use of alternate members in such instances is hereby authorized
pursuant to the provisions of this section.
(b)
Alternate members of the Historic Preservation Commission shall
be appointed by the Town Board or other duly authorized appointing
authority for a term of four years.
(c)
The Chairperson of the Historic Preservation Commission may
designate an alternate to substitute for a member when such member
is unable to participate due to a conflict of interest on an application
or matter before the board or when a member notifies the Chair that
he or she will be absent for two or more consecutive meetings. When
so designated, the alternate member shall possess all the powers and
responsibilities of such member of the Commission. Such designation
shall be entered into the minutes of the initial Historic Preservation
Commission meeting at which the substitution is made.
(d)
All provisions of state law relating to Historic Preservation
Commission member eligibility, vacancy in office, removal, compatibility
of office and service on other boards, as well as any provisions of
a local law relating to training, continuing education, compensation
and attendance, shall also apply to alternate members.
B.
Terms of office. Commission members shall serve for a term of four
years, with the exception of the initial term of one of the members
which shall be one year, one which shall be two years, one which shall
be three years, and two which shall be for four years.
C.
Officers. A Chairperson and Vice-Chairperson shall be elected by
and from among the five members of the Commission.
D.
Meetings. The Commission shall meet at least every two months, but
meetings may be held at any time on the written request of any two
of the Commission members or on the call of the Chairperson or the
Supervisor.
E.
Quorum. A quorum for the transaction of business shall consist of
three of the Commission's members, but not less than a majority
of the full authorized membership may render a decision regarding
landmark status or grant or deny a certificate of appropriateness.
The powers and duties of the Commission shall include:
A.
Adoption of criteria for the identification of significant historic,
architectural, archaeological and cultural landmarks and for the delineation
of historic districts.
B.
Conducting surveys of significant historical, architectural, archeological
and cultural landmarks and historic districts within the Town.
C.
Designation of individual landmarks and creation of historic districts;
such designation to be subject to disapproval supported by findings
by the Town Board within 45 days of enactment of the designation,
and filed as approved if no action is taken in this time.
[Amended 10-21-2008 by L.L. No. 3-2008]
D.
Approval or disapproval of applications for certificates of appropriateness
pursuant to this chapter.
E.
Increasing public awareness of the Town's historic, cultural
and architectural preservation by developing, publishing and distributing
educational and promotional information and participating in public
education programs.
F.
Promulgation of rules and regulations as necessary for the conduct
of its business.
G.
Making recommendations to the Town Board concerning the use of state,
federal or private funds to provide information on and promote the
preservation of landmarks and historic districts within the Town.
H.
Making recommendations to the Town Board regarding appropriate zoning
laws protecting historic, architectural, archaeological and cultural
landmarks and to the Planning Board regarding applications for site
plan review or subdivisions
of real property containing landmarks or within a historic district.
I.
Making of recommendations to the Town Board concerning acceptance
of donations or the acquisition of facade easements or other interests
in real property as necessary to carry out the purposes of this chapter.
J.
Recommending acquisition of a landmark property by the Town Board
where its preservation is essential to the purposes of this chapter
and where private preservation is not feasible.
K.
Employment, with Town Board approval, of staff and professional consultants
as necessary to carry out the duties of the Commission.
A.
The Commission may propose an individual property for designation
as a landmark if it:
(1)
Possesses special character or historic or aesthetic interest or
value as part of the cultural, political, economic or social history
of the locality, region, state or nation;
(2)
Is identified with historic personages;
(3)
Embodies the distinguishing characteristics of an architectural style;
(4)
Is the work of a designer whose work has significantly influenced
an age;
(5)
Because of a unique location or singular physical characteristic,
represents an established and familiar visual feature of the neighborhood;
and/or
(6)
Is listed on the State and/or National Register of Historic Places,
or which is the subject of a pending application for listing.
B.
C.
Requests for designation of an individual landmark or historic district
may be initiated by any person or organization on forms provided by
the Town Clerk.
D.
Notice of a proposed designation shall be sent by certified mail
with return receipt requested to the owner(s) of the property or properties
proposed for designation appearing on the most recent real property
tax rolls of the Town. This notice shall describe the property proposed
and announce a public hearing by the Commission to consider the designation.
Timely notice of this public hearing shall be published in the official
newspaper of the Town. The Commission shall make every effort to hold
the public hearing within 12 days after the date this notice is published.
Simultaneously with the mailing of such notice to the owner(s), the
Commission shall cause a copy of the same to be delivered to the Building
Inspector and to the Assessor for their respective review and comment.
Once the Commission has issued notice of a proposed designation, the
Building Inspector shall issue no building or demolition permits nor
shall any material change be made to the appearance of the property
until the Commission has made its decision. Notice of this restriction
shall be worded in these transmittals to the Building Inspector and
Assessor.
[Amended 2-16-2011 by L.L. No. 1-2011]
E.
The Commission shall hold its duly advertised public hearing on the
date set forth in the notice prior to designation of any landmark.
Testimony or documentary evidence at the hearing by the Commission,
owner(s) and any interested parties shall become part of a record
regarding the archaeological, historic, architectural or cultural
importance of the proposed landmark or historic district. The Commission
shall make a decision in writing within 62 days of closing of the
public hearing and send by certified mail with return receipt requested
a copy of its decision to the owner(s) of the property or properties
and also deliver copies to be filed with the Town Clerk, with the
Building Inspector and with the Town Assessor. The Commission's decision
shall state the reason for granting, modifying or denying a landmark
designation.
[Amended 2-16-2011 by L.L. No. 1-2011]
F.
The Commission shall prepare and forward to the Ulster County Clerk
for recording a notice of each property designated as a landmark or
as part of a historic district.
A.
Nothing in this chapter shall preclude the Commission's designation of roads and/or maritime transportation features of the Town which meet the criteria set forth in § 145-5. Once designated, the Town Board shall solicit the Commission's advice on their proper care, landscaping and construction, which advice shall be incorporated into standards used by the Highway Department. The Commission may be delegated to act as liaison with the state, county and federal departments during construction and maintenance of maritime routes and Town-designated historic and scenic roads.
B.
Any proposed
changes, other than maintenance, to privately owned designated historic
roads shall first be submitted to the Commission for a certificate
of appropriateness. The purpose of this designation is to maintain
continuity with adjoining properties, alignment, unimpeded width of
a minimum of 12 feet, and existing materials.
[Added 10-21-2008 by L.L. No. 3-2008]
A.
No person shall carry out any exterior alteration, restoration, reconstruction,
demolition, new construction or moving of a building designated as
a landmark or any property within a 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, major
landscape feature or design or other exterior elements, including
exterior lighting, which affect the appearance and cohesiveness of
either the landmark or of the historic district, without first obtaining
a certificate of appropriateness from the Commission.
B.
The Town Building Inspector shall be responsible for administering
and maintaining records of the applications for a certificate of appropriateness,
whether or not they are accompanied by an application for a building
permit. The Building Inspector shall have the same enforcement capability
with respect to a certificate of appropriateness that the Inspector
exercises with respect to a building permit.
C.
No fees shall be collected for a certificate of appropriateness application.
D.
Before acting on any application for a variance, special use permit,
site plan, building permit, demolition permit, sign permit or subdivision,
the Building Inspector shall first consult a current list of all properties
designated as individual landmarks or as contained within historic
districts to determine the requesting property's status. Requests
affecting a landmarked property or any property within a historic
district under this chapter or a structure or premises listed in the
National Register of Historic Places shall be referred promptly by
the Building Inspector to the Commission for its recommendations in
order to facilitate the review process and for a certificate of appropriateness,
if necessary.
A.
This chapter does not regulate or apply to interior spaces. A certificate
of appropriateness is not required for interior alterations. At the
request of an owner of property which has been designated as a landmark
or which is located in a historic district, the Commission may consult
and advise on changes in interior spaces if they are open to the public
on a regular basis.
[Amended 10-21-2008 by L.L. No. 3-2008]
B.
The Commission's decisions on all applications for certificates
of appropriateness for building exteriors shall be based upon the
following principles:
(1)
Historic properties 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 and with the historic character of surrounding
properties, if any. Changes that may have taken place in the course
of time are evidence of the history and development of a building,
structure or site and its environment. These changes may have acquired
significance in their own right, and this significance shall be recognized
and respected. Contemporary design for alterations and additions to
existing properties shall not be discouraged when such alterations
and additions do not destroy significant historical, architectural
or cultural material and such design is compatible with the size,
scale, color, material and character of the property, neighborhood
or environment.
(3)
New construction shall be compatible with the historic character
of its surroundings.
C.
In determining compatibility, the Commission 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, form, massing, size, rhythm, spacing, structural
elements, proportion, illumination 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 the streets, including setbacks,
yards and landscaping; and
(5)
The importance of historic, architectural or other features to the
significance of the property.
A.
Prior to the commencement of any work requiring a certificate of
appropriateness, the owner shall file an application for such certificate
with the Building Inspector. The application shall state, where appropriate:
(1)
Name, address and telephone number of the applicant;
(2)
Location and photographs of property;
(3)
Detailed description of proposed changes;
(4)
Perspective and elevation drawings, including relationship to adjacent
properties;
(5)
Samples of color and/or materials to be used;
(6)
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; or
(7)
Any other information which the Commission may deem necessary in
order to visualize the proposed work.
B.
No building permit, demolition permit or other required permit shall
be issued by the Building Inspector for such proposed work on a landmark
property or a property within a historic district until a certificate
of appropriateness has first been issued by the Commission. The certificate
of appropriateness required by this chapter shall be in addition to
and not in lieu of any permits the Town may require or any other laws
or regulations. The Building Inspector shall refer such permit application
for a landmark property or a property within a historic district to
the Commission within 10 working days of receipt or by such other
deadline established by the Commission.
C.
The Commission shall approve, approve with modifications, or deny
a certificate of appropriateness on such permit within 62 days from
receipt of the complete application. During this time the applicant
or applicant's representative may meet with the Commission to
consider alternative designs, if needed, advice on technologies, available
restoration skills and possible financial assistance. The Commission
may also hold a public hearing on the application, at which an opportunity
will be provided for proponents and opponents of the application to
present their views.
D.
All decisions of the Commission shall be in writing. A copy shall
be sent to the applicant by certified mail, return receipt requested,
and also a copy shall be filed with the Town Clerk and the Town Building
Inspector for public inspection. The address used for such notification
shall be the address of the applicant as shown on the application
for the building permit. The Commission's decision shall state
the reasons for granting, modifying or denying any application.
E.
Certificates of appropriateness shall be valid for 12 months, after
which time the owner must reapply if the work on the certificate has
not commenced.
The Historic Preservation Commission shall comply with the provisions
of the State Environmental Quality Review Act under Article 8 of the
Environmental Conservation Law and its implementing regulations.
All work performed pursuant to a certificate of appropriateness
issued under this chapter shall conform to any requirements included
therein. It shall be the duty of the Building Inspector to inspect
any such work to assure compliance. In the event work is found that
is not being performed in accordance with the certificate of appropriateness
or upon notification of such fact by the Commission, the Building
Inspector shall issue a stop-work order and all work shall immediately
cease. No further work shall be undertaken on the project as long
as a stop-work order is in effect. Any nonconforming work shall be
removed unless approved by the Commission.
A.
Nothing in this chapter shall be construed to prevent the ordinary
maintenance and repair of any exterior architectural feature of a
landmark, a property under consideration for landmark designation,
or a property within a historic district which does not involve a
change in design, material, color or outward appearance.
B.
No owner or occupant of real property designated as a landmark or
included within a 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 Commission, produce a detrimental effect upon the character
of a landmark or a historic district as a whole or the life and character
of the property itself. Examples of such deterioration include:
(1)
Deterioration of exterior wall or other vertical supports.
(2)
Deterioration of roofs or other horizontal members.
(3)
Deterioration of exterior chimneys.
(4)
Deterioration or crumbling of exterior stucco 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 condition
that could lead to the claim that demolition is necessary for the
public safety.
C.
The Commission shall conduct periodic surveys of buildings designated
as landmarks to determine that they are not in a state of disrepair
and that no alterations have been made in the features described in
preceding sections of this chapter without the owner having first
obtained a certification of appropriateness. Assistance of the Building
Inspector may be requested as required in such surveys.
[Added 10-21-2008 by L.L. No. 3-2008]
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 hardship, the applicant shall establish that:
A.
The property
is incapable of earning a reasonable return, regardless of whether
that return represents the most profitable return possible;
B.
The property
cannot be adapted for any other use, whether by the current owner
or by a purchaser, which would result in a reasonable return; and
C.
Efforts
to find a purchaser interested in acquiring the property and preserving
it have failed.
[Added 10-21-2008 by L.L. No. 3-2008]
An applicant whose certificate of appropriateness for a proposed
alteration has been denied may apply for relief on the ground of hardship.
In order to prove existence of hardship, the applicant shall establish
that the property in incapable of earning a reasonable return, regardless
of whether that return represents the most profitable return possible.
[Amended 10-21-2008 by L.L. No. 3-2008]
A.
After
receiving written notification from the Commission of the denial of
a certificate of appropriateness, an applicant may commence the hardship
process. No building permit or demolition permit shall be issued unless
the Commission makes a finding that a hardship exists.
B.
The Commission may hold a public hearing on the hardship application,
at which an opportunity will be provided for proponents of the application
to present their views.
C.
The applicant shall consult in good faith with the Commission, local
preservation groups and interested parties in a diligent effort to
seek an alternative that will result in preservation of the property.
D.
All decisions of the Commission shall be in writing. A copy shall
be sent to the applicant by certified mail and a copy filed with the
Town Clerk's office for public inspection. The Commission's decision
shall state the reasons for granting or denying the hardship application.
If the application is granted, the Commission shall approve only such
work as is necessary to alleviate the hardship.
[Amended 10-21-2008 by L.L. No. 3-2008]
Any person aggrieved by a decision of the Historic Preservation
Commission related to hardship or a certificate of appropriateness
may, within 15 days of the decision, file a written application to
the Town Board for review of the decision. Reviews shall be conducted
based on the same record that was before the Commission and using
the same criteria.
A.
Failure to comply with any of the provisions of this chapter shall
be deemed a violation, and the violator shall be liable for a fine
of not less than $50 nor more than $250 for each day the violation
exists. Any person who shall continue any violations beyond the said
time limit shall, upon conviction, be guilty of an offense punishable
by a fine not to exceed $250 or imprisonment for not more than 15
days, or both, for each separate offense.[1]
B.
Any person who constructs, alters, demolishes or permits a property
designated as a landmark to fall into a serious state of disrepair
in violation of this chapter shall be required to restore the property
and its site to its appearance prior to the violation. Any action
to enforce this chapter shall be brought by the Town Attorney, who
shall be entitled to recover, in addition to the fine, all costs and
expenses incurred by the Town in pursuing compliance with this chapter.
C.
This civil remedy shall be in addition to and not in lieu of any
criminal prosecution and penalty.
As used in this chapter, the following terms shall have the
meanings indicated:
Any act or process that changes one or more exterior or designated
interior features of a landmark.
A structure which represents a rare or early example of a
design that has become a widely known style associated with a particular
architectural period.
A permit issued by the Saugerties Commission for Historic
Preservation allowing exterior alteration, restoration, reconstruction,
demolition, new construction or moving of a building designated as
a landmark or any property within a historic district. A certificate
of appropriateness is required before any material change is made
in the appearance of a landmark property or a property within a historic
district.
Any act of erecting an addition to an existing structure
or the erection of a new principal or accessory structure on a lot
or property.
A type of preservation easement derived from the charitable
donation to an organization that is exempt from tax under Internal
Revenue Code § 501(c)(3). A legal agreement designed to
protect a significant historic, archaeological, or cultural resource,
in which the historic property owner is assured that the building's
facade (front) will be maintained, protected and preserved forever.
The shape and structure of a building as distinguished from
the material of which it is composed.
Any area containing a significant concentration of structures,
landscape features, sites or objects having historic, architectural,
archaeological, cultural or aesthetic significance which are contextually
united.
A designation which may include any structure, landscape
feature, site or area having historic, architectural, archaeological,
cultural or aesthetic significance.
The architectural relationship between the various masses
or volumes of a building, including proportion, profile, volume, relationship
and contour.
Replacement in kind or refurbishment of materials on a structure.
The regular recurrence of similar features in a building.
The distance between any two objects in a usually regularly
arranged series.
