The Board of Trustees finds that excessive uniformity, dissimilarity,
inappropriateness or poor quality of the design and location of buildings
and appurtenant structures, including signs, adversely affects the
desirability of the immediate and neighboring areas and thereby impairs
the benefits of occupancy of existing property and the stability and
value of both improved and unimproved real property in such areas,
prevents the most appropriate development of such areas, produces
degeneration of property, and destroys the proper relationship between
the taxable value of real property in such areas and the cost of municipal
services provided therefor. It is the intent of this article to establish
procedures and design criteria necessary to avoid such results and
to preserve and enhance the character, historical interest, beauty
and general welfare of the Village and to ensure that the location
and design of buildings, structures and open spaces in the Village
shall aid in creating a balanced and harmonious composition of the
whole as well as in the relationship of its several parts.
A.
A Board of Historic Preservation and Architectural Review is hereby
established, consisting of five members to be appointed by the Board
of Trustees. Whenever reasonably able to do so, the Board of Trustees
shall seek to include within the membership of this Board an architect
familiar with local historic buildings and structures, a resident
of a historic district within the Village and members with an interest
in historic preservation and architectural development. The Board
of Trustees may appoint up to two additional ad hoc members to serve
where a member is absent or has a conflict of interest. The term of
an ad hoc member shall be one year. The first appointments thereto
shall be for terms so fixed that one will expire at the end of the
current official year, two will expire at the end of the next succeeding
official year, and two will expire at the end of the next succeeding
official year. Succeeding appointments shall be for three-year terms.
All members shall be residents of the Village.
B.
The Board of Trustees may remove any member, with cause, after a
public hearing.
C.
If a vacancy shall occur other than by expiration of a member's term,
it shall be filled by an interim appointment for the remainder of
the former member's unexpired term.
D.
The Mayor shall designate a Chairman of the Board, subject to the
approval of the Board of Trustees. Such designation shall be for one
official year of the Village and shall expire at the end of each official
year. The Board shall designate a Vice Chairman and a Secretary.
E.
The Board may adopt rules of procedure as it may deem necessary to
the proper exercise of its responsibilities with regard to architectural
review and historic preservation.
F.
All meetings of the Board shall be open to the public.
G.
Every decision of the Board shall be by resolution and shall contain
a full record of the findings of the Board in the particular case.
A quorum shall consist of three members.
H.
The Board of Trustees may designate a licensed architect to advise
and take part in the deliberations (but without a vote) of the Board.
The Board of Trustees may authorize other professional consultants,
secretaries, clerks or such other personnel as may be necessary to
assist the Board in carrying out its duties and powers. The Board
of Trustees shall fix the compensation thereof and pay other expenses
of the Board.
I.
The Board is charged with the duty of maintaining the desirable character
of the Village and of disapproving the construction, reconstruction
and alteration of buildings, structures or signs that are designed
without consideration of the harmonious relation of the new or altered
building or structure to such buildings or structures as already exist
and the environs in which they are set.
J.
The Board is charged with the duty of exercising sound judgment and
of rejecting plans which, in its opinion, are not of harmonious character
because of proposed style, materials, scale, form, rhythm, proportion,
mass, line, color, detail or placement upon the property or in relation
to the spaces between buildings or the natural character of the landscape,
or because the plans do not provide for the location and design or
structures and open spaces so as to create a balanced and harmonious
composition as a whole and in relation to its several parts and features
to each other.
K.
In addition to the foregoing duties, the Board shall have the power
to:
(1)
Conduct surveys of buildings for the purpose of determining
those of historic and/or architectural significance and pertinent
facts about them.
(2)
Formulate recommendations concerning the preparation of maps,
brochures and historical markers for selected historic and/or architectural
sites and buildings.
(3)
Cooperate with and advise the Village Board of Trustees, the
Planning Board and other municipal agencies in matters involving historic
and/or architectural sites and buildings.
(4)
Advise owners of historic buildings on preservation and restoration.
(5)
Make recommendations to the Board of Trustees for amendments
to the Zoning Map which would change the boundaries of the Historic
District and/or include other properties or areas in the Historic
District.
(6)
Approve in the Historic District or elsewhere the installation
of alternative energy systems, provided any such approval shall require
affirmative findings that any such installation shall not diminish
the preservation of the property's historic-character-defining features
in a historic district and that the installation in all instances
shall not be excessively dissimilar to the character of the neighborhood.
(7)
Approve or disapprove certificates of appropriateness.
L.
The Board is charged with the duty of maintaining the desirable character of each historic district and of designated historic and cultural landmarks. When reviewing plans relating to property in a historic district and plans relating to a designated historic and cultural landmark, the 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 provisions of Article XIII of this chapter.
[Amended 4-21-2016 by L.L. No. 5-2016]
A.
Prior to the commencement of any exterior activity requiring a certificate
of appropriateness, the owner shall file an application with the Board
of Historic Preservation and Architectural Review. Prior to the filing
of an application, all applicants, together with design or other consultants
and contractors, are encouraged to meet informally with the Board
to discuss the process, the regulatory requirements and any means
to enhance the efficient disposition of any application, it being
understood, however, that any such informal meeting is not binding
and is intended merely to assist an applicant to avoid delay, expense
and to provide a detailed understanding of the provisions of this
article. A complete application shall contain:
(1)
The name, address and telephone number of the owner.
(2)
The location, Tax Map designation, and photographs of the property
and all adjacent properties, clearly indicating all public views and
including any trees which the applicant intends to remove or relocate
or to prune in a manner other than ordinary trimming or ordinary maintenance,
as well as a site drawing showing, in an historic district, the location
of any proposed tree installations, including the species and caliper
for each.
(3)
Elevation drawings showing existing conditions and proposed
changes, including relationship to adjacent properties and, if necessary
in the Board’s view, axonometric drawings.
(4)
Perspective drawings, including relationship to adjacent properties,
if necessary in the Board’s view.
(5)
Sample of color and materials to be used.
(6)
The Board may also require, when appropriate, printed 3-D renderings,
3-D models, a visual study of elevations in relation to adjacent neighbors,
a visual study of elevations and volume in relation to existing structures.
(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, method
of attachment to buildings and a plan showing the sign’s location
on the property.
(8)
Any other information which the Board may deem necessary in
order to determine the appropriateness of the proposed changes, including,
by way of illustration and not limitation, the location of any temporary
toilets to be maintained during any construction, awnings and any
landscape design features, that is, sidewalks, aprons, driveways,
terraces, regulated under this chapter, retaining walls, curbing and
similar features.
B.
Preliminary plans, elevations, sketches and/or proposals may be submitted
to the Board by the owner or by the architect or other agent of the
owner for consultation prior to filing an application for a building
permit or certificate of appropriateness.
C.
No building permit shall be issued for such proposed work until a
certificate of appropriateness has first been issued by the Board.
The certificate of appropriateness required shall be in addition to,
and not in lieu of, any building permit that may be required by any
other local law.
D.
Every application for a certificate of appropriateness shall be reviewed
by at least a quorum of the Board, except that any application for
a permit to demolish or remove a landmark or contributing building
within the Historic District and a building 3,000 square feet or greater
shall be reviewed by the full Board.
E.
[1]Meetings of the Board shall be held at such times as the
Board may determine. When necessary, special meetings of the Board
shall be held at the request of the Building Inspector or at the call
of the Chairman.
[1]
Editor’s Note: Former Subsection E, regarding the posting
of notice for every application made to the Board, was repealed 11-14-2017
by L.L. No. 14-2017.
F.
The Board shall approve, deny or approve the permit with modification. The Board may require changes in plans as a condition of approval and may direct landscaping as part of a plan before approval thereof. The Board may require submission of samples of exterior finishes and colors as part of its review of an application. In its review, the Board may require documentation of cultural remains and architectural details and features prior to any alteration, restoration or reconstruction. Except as provided in Subsection G of this section, the Board may, at its option, hold a public hearing on the application to obtain information from the applicant and the general public to aid in making its determination. The Board shall make its decision as to whether or not to hold a public hearing no later than 30 days of its receipt of a complete application. The public hearing shall take place no later than 60 days after receipt of a complete application. An applicant may extend any of the aforesaid time periods. Where a public hearing is to be held, the following notice requirements shall apply:
[Amended 11-14-2017 by L.L. No. 14-2017]
(1)
The Board shall fix the time and place for a public hearing and shall
provide for giving notice of the public hearing by publishing a notice
in the official newspaper at least 10 days prior to the hearing.
(2)
In addition, at least 10 days prior to the hearing, the applicant
shall mail notice of the time, date, place and nature of the hearing
to the owners of record of every property which abuts and every property
which is within 200 feet of the property involved in the application.
Such notice shall be made by certified mail and addressed to the owners
at the addresses listed for them on the local assessment roll. On
or before the commencement of the public hearing, the applicant shall
file a radius map prepared by a professional and an affidavit with
postal receipts annexed thereto, confirming mailing of said notices.
(3)
The applicant or his agent shall also erect, or cause to be erected,
a sign or signs which shall be displayed on the parcel upon which
the application is made, facing each public street on which the property
abuts, giving notice that an application has been made to the Board
and stating the time and place where the public hearing will be held.
Said sign shall be white with black lettering, measuring not less
than 22 inches long and 14 inches wide. The sign(s) shall not be located
more than 10 feet from the street line, and shall not be less than
two feet nor more than six feet above the existing grade at the street
line. The sign(s) shall be displayed for not less than 10 days immediately
preceding the public hearing date. The applicant shall file an affidavit
with the Board that the provisions of this subsection have been complied
with. Failure to submit such affidavit shall result in the adjournment
of the public hearing.
G.
Applications for a certificate of appropriateness for demolition
or removal affecting a landmark or contributing building within the
Historic District or for buildings which contain 3,000 square feet
or more shall be subject to a mandatory public hearing.
H.
Where no public hearing is held for an application, the Board shall
render a final decision within 60 days of the application being deemed
complete for review. Where a public hearing is held on an application,
the Board shall render a final decision within 60 days of the close
of the public hearing.
I.
All decisions of the Board shall be determined by resolution and
approvals shall be valid for two years from the date of approval.
A copy shall be sent to the applicant by regular mail and a copy filed
with the Village Clerk’s office for public inspection. The Board’s
decision shall state the reasons for denying or modifying any application.
[Amended 11-14-2017 by L.L. No. 14-2017]
J.
Consent agenda.
[Added 4-13-2021 by L.L.
No. 5-2021]
(1)
The Board is empowered to consider and approve with a single
motion multiple applications which have been placed on a consent agenda.
The decision shall be based on:
(a)
The nature and extent of the alteration or demolition being
proposed.
(b)
The degree to which the application is in conformance with the
appropriate design guidelines.
(c)
Written consent agenda guidance and policy, approved by the
Board, regarding paint colors, materials, and items generally suitable
for specific purposes within the district.
(2)
Items placed on the consent agenda shall be listed on the Board's
meeting agenda and announced at the meeting. A majority vote of the
Board members present at the meeting may remove an item from the consent
agenda and place it on the regular agenda for full consideration by
the Board.
(3)
The Chair of the Board shall entertain a motion to approve items
placed on the consent agenda upon hearing no objection to the applications
remaining on the list.
(4)
Applicants with items pending on the consent agenda do not need
to attend the Board meeting at which their application is being considered.
A.
From time to time, the Board of Historic Preservation and Architectural
Review shall make a study of the structures existing and situated
in the Village and, for the purpose of identifying and conserving,
protecting, enhancing and perpetuating those structures within the
Village which, by reason of their particular or distinctive architectural
style, general design, historic association or historic or architectural
value, constitute a part of the community's architectural and historic
heritage, shall recommend such structures to be designated as landmarks.
Upon receipt by the Village Board of Trustees of any such recommendation
from the Board of Historic Preservation and Architectural Review,
the Board will schedule and conduct a public hearing in accordance
with Article 21 of the Village Law, at which the parties in interest
and citizens shall have an opportunity to be heard with respect to
the proposed designation of any structure as a landmark.
B.
A written notice of any proposed designation of a structure as a
landmark under this section shall be given to the owner of record
thereof at least 15 days prior to the date of the public hearing called
for by this section.
C.
In the event that the Village Board of Trustees shall adopt the proposed
designation of a structure as a landmark, such designation shall be
entered in the minutes of the Village Board of Trustees, and a copy
thereof shall be published once in the official newspaper, and a copy
of such designation shall be posted conspicuously at or near the entrance
to the office of the Village Clerk. Affidavits of the publication
and the posting thereof shall be filed with the Village Clerk. Such
designation shall take effect 10 days after such publication and posting.
D.
The following structures and properties are designated historic and
cultural landmarks:
|
Structure Identification and Street Address
|
Section, Block and Lot Location
| |
|---|---|---|
|
American Hotel, Main Street
|
Section No. 002, Block 3, Lot 15 (SH)
| |
|
Bulova Plant, Washington Street, Division Street and Madison
Street
|
Section No. 003, Block 4, Lot 14 (SH)
| |
|
Cormaria, Bay Street at the foot of High Street
|
Section No. 002, Block 1, Lot 8 (EH)
| |
|
Custom House, Garden Street
|
Section No. 003, Block 2, Lot 31.1(SH)
| |
|
Hannibal French House, Main Street near Garden Street
|
Section No. 003, Block 2, Lot 32 (SH)
| |
|
Jared Wade House, corner of Union Street and Madison Street
|
Section No. 003, Block 3, Lot 53 (SH)
| |
|
John Jermain Library, Main Street
|
Section No. 003, Block 3, Lot 70 (SH)
| |
|
John Steinbeck House, structures and property, 2 Bluff Point
Lane
[Added 8-1-2023 by L.L. No. 6-2023] |
Section No. 004, Block 1, Lot 3.1 (SH)
| |
|
Methodist Church, Madison Street north of Union Street
|
Section No. 003, Block 3, Lot 54 (SH)
| |
|
Municipal Building, Main Street
|
Section No. 002, Block 3, Lot 14 (SH)
| |
|
Rysam-Sleight House, corner of Division Street and Burke Street
|
Section No. 002, Block 2, Lot 40 (EH)
| |
|
Sag Harbor Cinema Sign, Main Street
|
Section No. 003, Block 2, Lot 35 (SH)
| |
|
St. David A.M.E. Zion Church, Eastville Avenue
|
Section No. 006, Block 08, Lot 8 (EH)
| |
|
Umbrella House, Division Street
|
Section No. 002, Block 2, Lot 34.1 (EH)
| |
|
Whaler's Church and Cemetery, Union Street
|
Section No. 003, Block 4, Lots 27 and 28 (SH)
| |
|
Whaling Museum, southwest corner of Main Street and Garden Street
|
Section No. 003, Block 2, Lot 17 (SH)
|
E.
No person shall carry out any exterior alteration, restoration, construction,
reconstruction, demolition or moving of a structure or land or historic
trees or plantings upon property designated a landmark or property
within a historic district, nor shall any person make any material
change in the appearance of such a property that is visible from an
adjacent street or adjacent property and which shall affect the appearance
and cohesiveness of the historic district, without first obtaining
a certificate of appropriateness from the Board of Historic Preservation
and Architectural Review.
Amended 4-21-2016 by L.L.
No. 5-2016]
A.
CONTRIBUTING BUILDING
DEMOLITION
HISTORIC DISTRICT
LANDMARK
REMOVE
Definitions. Notwithstanding any provision of law to the contrary, for the purposes of Article XIII, the following terms shall have the following meanings:
A building, site, landmark, or structure located in the Historic
District, identified as a contributing building, site, structure or
a landmark in the following document: The National Park Service, National
Register of Historic Places, Sag Harbor Approval No. 1024-0018, (211
pages) dated March 8, 1994, including 870 +/- contributing buildings,
sites or structures and 15 +/- landmarks. Any subsequent amendments
thereto shall also be included in this definition.
The destroying, tearing down, or razing of part or all of
a contributing building or landmark in the Historic District.
The same meaning as defined in § 300-2.2 of this chapter.
The same meaning as the term “historic or cultural landmark,” as defined in § 300-2.2 of this chapter.
The moving of a contributing building or landmark to a new
location, either on the same site or to a new site.
B.
The Building Inspector shall refer all applications for the demolition
or removal of a building or structure to the Board for a certificate
of appropriateness, as required by this chapter. All applications
shall be accompanied by a current title search showing the name of
any mortgagee or holder of a similar interest with a lien on the premises
and consent in original executed form authorizing any such demolition,
and any such report and consent shall be reviewed and approved by
the Village Attorney.
C.
In addition to the requirements of Subsection B of this section, every application for a permit to demolish or remove a landmark or contributing building within the Historic District shall be subject to the additional requirements of this section below.
D.
Any application for a permit to demolish or remove a landmark or contributing building within the Historic District shall be subject to the review procedures of the Board, as provided in § 300-13.3 of this article.
E.
Demolition. No contributing building or landmark or portion thereof
shall be demolished. The Board may grant exceptions to this rule only
as provided for in this subsection.
(1)
In considering a proposal to demolish, the following guidelines apply:
(2)
If an application for demolition of an historic building is based
on structural instability or deterioration, a technical report prepared
by an architect or engineer shall be required. The report shall detail
the problems and provide cost estimates for their correction.
(3)
The Board may require adequate documentation of an historic building,
through photographs and measured drawings as a condition of approval
when there is no alternative but demolition.
(4)
Before approval can be granted to demolish a building, the Board
shall require that plans for proposed new construction or other use
of the site be submitted and approved.
F.
Removal. Landmarks and contributing buildings that make an important
contribution to the district shall be retained on their locations
and original sites. In the Historic District, each landmark and contributing
building adds to the setting of the neighboring buildings and together
they establish the larger setting of the Historic District. The character
of the district is established by the traditional placement of the
historic residences on their lots and by the resulting visual relationships
between them. The Board shall consider the historic and architectural
significance of the building, the contribution the building makes
to the Historic District on its existing site and the impact of its
removal on the character of the district. The Board may grant exceptions
to this rule only as provided for in this subsection.
(1)
In considering a proposal to remove, the following guidelines apply:
(2)
The Board may require adequate documentation of an historic building
through photographs and measured drawings as a condition of approval
when there is no alternative but removal.
(3)
Before approval can be granted to relocate a building, the Board
shall require that plans for proposed new construction or other use
of the site be submitted and approved.
G.
In considering an application for demolition or removal of a landmark
or contributing building, the Board shall consider the historical
and architectural value and significance of the building or structure,
the extent that the neglect of maintenance, if any, may have contributed
to the condition of the building, and whether the demolition or removal
will be appropriate to the conditions especially affecting the building
or structure but not affecting the Historic District generally.
H.
In considering an application for demolition or removal of a landmark
or contributing building, the Board shall consider whether the application
will cause substantial detriment to the public welfare or substantial
deviation from the purpose and intent of this chapter.
I.
The Board may require the investigation for cultural remains on site
prior to new construction. Access to any resulting information may
be limited to protect archaeological sites.
J.
The Board shall also comply with the criteria and standards in the
Secretary of the Interior’s Standards for Rehabilitation and
Guidelines for Rehabilitating Historic Buildings.
K.
No permit shall be issued by the Building Inspector unless the Board
shall have approved the application for a certificate of appropriateness
in writing.
(1)
The Board, in its discretion, may require as a condition of approval
that the applicant post a bond or other surety acceptable to the Village
Attorney, in an amount to be determined by the Board or its consultant,
to guarantee to the Village that the applicant will faithfully construct,
or cause to be constructed, the work authorized by the certificate
of appropriateness in accordance with this section; the criteria and
standards in the Secretary of the Interior’s Standards for Rehabilitation
and Guidelines for Rehabilitating Historic Buildings; any conditions
of approval; and that the construction shall conform to the policies
and specifications established by the Board. Said bond shall be released
by the Village upon issuance of a certificate of occupancy.
(2)
The Board, in its discretion, may also require as a condition of
approval that a professional historic consultant or professional engineer
be retained to monitor all work authorized by the certificate of appropriateness
to insure that said work is completed in accordance with this section;
the criteria and standards in the Secretary of the Interior’s
Standards for Rehabilitation and Guidelines for Rehabilitating Historic
Buildings; any conditions of approval; and that the construction shall
conform to the policies and specifications established by the Board.
The professional consultant or engineer retained to monitor the work
shall be retained by the Village and approved by the Board. The cost
of such professional shall be borne by the applicant. Fees charged
for any such professional shall be in accord with fees usually charged
for such services in the eastern Suffolk County area, and pursuant
to a contractual agreement between the Village and such professional
consultant.
L.
Nonhistoric buildings may be demolished or moved out of the Historic
District.
M.
An applicant, whose certificate of appropriateness for a proposed
demolition or removal has been denied, may apply on the ground of
hardship. In order to prove the existence of hardship, the applicant
shall establish that:
(1)
The property is incapable of earning a reasonable return, regardless
of whether that return represents the most profitable return possible;
(2)
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;
(3)
Efforts to find a purchaser interested in acquiring the property
and preserving it have failed; and
(4)
An absence of responsibility for any neglect of maintenance that
may have contributed to the hardship.
N.
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 the existence of hardship, the applicant shall establish
that the property is incapable of earning a reasonable return, regardless
of whether that return represents the most profitable return possible.
A.
The Board shall disapprove any application for a building permit referred to it if the Board finds by a majority vote of the members of the Board that the building for which the permit is sought or any building of a group of buildings covered by the permit would, if erected, be so detrimental to the character, property values or development of the surrounding area as to produce one or more of the harmful effects set forth in § 300-13.1 by reason of:
(1)
Excessive similarity of design in relation to any other structure
within the Village existing or for which a permit has been issued
or to any other structure included in the same permit application
in respect to one or more of the following features of exterior design
and appearance:
(a)
An apparently identical facade.
(b)
Substantially identical size and arrangement of either doors,
windows, porticoes or other openings or breaks in the facade facing
the street, including reverse arrangements.
(c)
Other significant identical features, such as, but not limited to, construction materials, roofline and height or other design elements, provided that a finding of excessive similarity of design shall include not only that such similarity exists but further that it is of such a nature as to produce one or more of the harmful effects set forth in § 300-13.1.
(2)
Excessive dissimilarity or inappropriateness of design in relation
to any other structure within the Village existing or for which a
permit has been issued or to any other structure included in the same
permit application or inappropriateness or excessive dissimilarity
of design in relation to the characteristics of building design generally
prevailing in the Village and with the Zoning District within which
the property is located in respect to one or more of the following
features:
(a)
Volume, including length, width and/or breadth.
(b)
Gross floor area.
(c)
Height of building or height of roof.
(d)
Other significant design features, such as, but not limited to, construction material or quality of architectural design, provided that a finding of excessive dissimilarity or inappropriateness of design shall include not only that such dissimilarity or inappropriateness exists but further that it is of such a nature as to produce one or more of the harmful effects set forth in § 300-13.1.
(e)
Inadequate or excessive mass and/or scale of the building or
structure when compared or contrasted with other like uses or structures
in the Village, even if same is otherwise in dimensional compliance
under the applicable Table of Dimensional Regulations. Mere compliance
with the Table of Dimensional Regulations shall not bear on or be
determinative of whether the mass and/or scale is excessive.
(3)
Excessive alteration or inappropriateness of design which substantially
changes the architectural character and/or features of a historic
landmark and thereby diminishes its historic significance and value.
B.
Any consideration of any application shall include an evaluation
of visual offensiveness or other poor qualities of exterior design,
including but not limited to excessive divergences of the height or
levels of any part of the structure or building from the grade or
terrain; harmony or discord of color or incompatibility of the proposed
structure, building, refurbishing, reconstruction, alteration or addition
with the terrain on which it is to be located; and the failure of
the exterior design to complement and enhance the natural beauty of
its site in regard to landscape, topography, surrounding structures
and the scenic character of roadways when visible from said roadway.
C.
Any consideration of any application shall include an evaluation
of the appropriateness of preserving existing trees at the site, any
changes thereto and, in a historic district, any trees to be planted
thereat.
[Amended 8-12-2014 by L.L. No. 8-2014]
A.
In determining whether to approve or disapprove an application for
a certificate of appropriateness, the Board shall not consider changes
to interior spaces or other changes that are not visible from an adjacent
street or that are not visible from an adjacent property. If the interior
changes are visible from an adjacent street or property, the Board
shall review such proposed changes.
B.
The Board shall adopt, and from time to time amend, guidelines for
applying the policies, purposes and objectives of this article.
C.
Guidelines may be adopted for any aspect of review or for any specific
area or district and will identify its desirable character, important
qualities and best features.
D.
Solar and alternative energy systems shall not be visible from an
adjacent street or from an adjacent property.
[Added 4-21-2016 by L.L.
No. 5-2016]
A.
An applicant may apply to the Board for relief on the basis of hardship
upon receipt of written notification from the Board of the denial
of a certificate of appropriateness. No relief shall be granted unless
the Board makes a finding that a hardship exists and that the owner
or predecessor in title has not contributed to the condition of the
building by a neglect of maintenance.
B.
Within 45 days of receipt of a complete application for relief, notice
of such public hearing shall be published in a newspaper of general
circulation in the Village at least 10 days prior to the date of the
public hearing. The Board shall hold a public hearing on the hardship
application within 60 days after receipt of a complete application.
C.
Prior to such hearing, the applicant shall consult in good faith
with the Board and other interested parties to seek an alternative
that will result in preservation of the property.
D.
All decisions of the Board shall be in writing. A copy shall be sent
to the applicant by regular mail and a copy filed with the Village
Clerk's office for public inspection. The Board's decision shall state
the reasons for granting or denying the hardship application.
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
periodically any such work to assure compliance. In the event that
he finds work that is not being performed in accordance with the certificate
of appropriateness, or upon notification of such fact by the Board
and personal verification, the Building Inspector shall immediately
issue a stop-work order, which shall remain in effect until work is
in compliance. No work shall be undertaken on the property as long
as a stop-work order is in effect.
A.
Nothing in this chapter shall be construed to prevent the ordinary
maintenance and repair of any feature of a landmark or property within
a historic district which does not involve a change in design, material,
color or outward appearance.
B.
No owner or person with an interest in real property designated as
a landmark or included within a historic district shall permit the
property to fall into a state of disrepair so as to cause, in the
judgment of the Board, a detrimental effect upon the character of
the landmark or Historic District.
C.
Upon the Board's finding that a property either designated as a landmark
or within the Historic District has fallen into a state of disrepair
so as to cause a detrimental effect upon the character of the landmark
or Historic District, the Board may require the Building Inspector
to issue a repair order. Such repair order shall specify the minimal
repairs required to bring the property into compliance with this section.
The remedy of any person aggrieved by a decision of the Board
in granting or denying an application shall be an Article 78 proceeding.
Prior to any commencement of any Article 78 proceeding and as a condition
of exhaustion of the regulatory process under this article, the Board
shall, within 31 days after receipt of a written request from the
applicant, make formal findings of facts and file same in the Village
Clerk's office within 10 days thereafter and, upon any such filing
of such findings, the applicant shall, within 31 days after such filing,
answer the findings by submission of formal proof and, upon such submission
and within 31 days thereafter, the Board shall reconsider its decision
and may conform or modify its prior decision; at which point, if the
applicant is still aggrieved, the applicant may file an Article 78
petition within 30 days after the filing of the Board's decision confirming
or modifying its prior decision.
