In addition to the specific historic designations, the Town
has structures that are individually listed on the State or National
Registers of Historic Places.
It is in the best interests of the Town of Fishkill that recognized
historic resources be protected for the continuing use and enjoyment
of future residents within the community. The Town of Fishkill specifically
finds that many of these vital and irreplaceable historic resources
have heretofore been afforded recognition, but not protection, through
their inclusion, or deemed eligibility for inclusion, on the National
Register of Historic Places. The Town further finds that preservation
of Fishkill's historic architectural character will foster civic
pride in the beauty and architectural achievements of the past and
result in economic benefits to Fishkill by uniformly preserving its
heritage and distinctive character.
This section is designed to provide for the protection of those
historic structures and sites which, by reason of their antiquity,
uniqueness, setting, historical association or architectural distinction
or quality, have been recognized, both for their contribution to a
strong sense of identity within the community and for the tangible
linkages they provide to the Town's historic, architectural,
and cultural heritage.
This section is also intended to reinforce the importance of
the historic structures and sites of the Town of Fishkill and support
the objectives of the specific historic designations, and the Town's
Comprehensive Plan by:
Providing for the careful, thoughtful evaluation of any proposed
action that would cause the alteration, removal, or demolition of
any such recognized historic structure;
Emphasizing as a statement of local policy that the conservation,
protection, enhancement, and preservation of such historic structures
and sites is necessary to promote the economic, cultural, educational,
and general welfare of the Town's residents; and
Allowing the continuing identification and recognition of historic
structures and sites that represent distinctive elements of historic,
architectural, and cultural heritage.
This section is also intended to foster compatibility in building
architecture and related site design for historic structures and sites
so as to sustain and maintain the vernacular character, scale of buildings.
This section is not intended to regulate the interior of historic
structures, unless such interior alterations destroy the historical
integrity of such structure.
Individual structures, or structure complexes, listed on, or
deemed eligible to be listed on, the State or National Register of
Historic Places by the State Historic Preservation Office or keeper
of the National Register of Historic Places or identified in the National
Park Service's National Historic Landmarks Program.
Other structures, if any, locally designated as historically
significant by the Town Board of the Town of Fishkill, as depicted
on the Historic and Cultural Resources Map, as it may be amended from
time to time.
Land disturbance on a site or parcel identified as a historic
site, a former cemetery or burial site, a potential archaeological
site, a site identified in the New York State Historic Preservation
Office (SHPO) archaeological site inventory, or a site that is "located
in or adjacent to an area designated as sensitive for archaeological
sites on the New York State Historic Preservation Office (SHPO) archaeological
site inventory."
No person shall carry out any alteration, demolition, or new
construction of a regulated structure or land disturbance on a regulated
site until the Planning Board has issued a certificate of appropriateness
or a resolution deeming such certificate is not required and, when
required, a building or demolition permit from the Building Inspector.
The certificate of appropriateness required by this section shall
be in addition to, and not in lieu of, any building permit or other
approval required by the Town of Fishkill Code.
The Building Inspector shall not issue a building or demolition
permit for any activity regulated by this section, other than in the
case of an emergency demolition, until the Planning Board has issued
a certificate of appropriateness or a resolution deeming such certificate
is not required or, subsequently, upon request for review of the disapproval
of such certificate of appropriateness, a certificate of hardship.
The review of any application for certificate of appropriateness
under these historic structures and sites regulations shall be in
addition to and shall run concurrently with any and all other review
procedures by the Planning Board as set forth in this and other chapters
of the Code of the Town of Fishkill, including but not limited to
site development plan, special use permit and subdivision review;
wetland, watercourse and water body permit review; Planning Board
review of stormwater applications; and any other reviews required
by the Planning Board.
Every sketch phase application for a certificate of appropriateness
shall be forwarded by the Building Inspector to the Planning Board
for an initial screening. The applicant shall provide the Building
Inspector with the name, address, and telephone number of the owner
and applicant, if different, the property location and tax map number(s),
photograph(s), and a sketch or description of the proposed alteration,
demolition, or new construction.
The Planning Board shall issue an initial review within 15 days
after receipt of the sketch phase application or by the next regularly
scheduled Planning Board meeting, whichever is later.
Once the Planning Board has submitted its initial review, a
sketch conference between the Planning Board and the applicant shall
be held to initially review the sketch phase application and to determine
the extent of review necessary for the intended project.
The Planning Board may determine that the project does require full review under this section, that a complete application is required and whether to waive, in its discretion, any application requirements set forth in Subsection E.
Sketch phase. The sketch application shall include the name,
address, and telephone number of the owner and applicant, if different,
the property location and tax map number(s), photograph(s), and a
sketch or description of the proposed alteration, demolition, or new
construction.
Photographs and a brief description of any structure proposed
to be altered or demolished, including approximate date of construction,
the nature and description of the proposed alteration, name of architect
if known, historic and/or architectural significance, and a description
of the setting, including related grounds, accessory buildings and
structures and property boundaries.
Photographs and a brief description of any site or land area
proposed to be disturbed, altered, excavated, graded, or otherwise
eliminated, including approximate date of such construction activities,
name of architect or engineer, if known, historic and/or architectural
significance, and a description of the setting, including related
buildings, grounds, accessory buildings and structures and property
boundaries.
Any other information specific to the proposed alteration, demolition,
new construction, or disturbance required by the Planning Board to
make a determination on the application for a certificate of appropriateness,
including data to demonstrate compliance with the criteria for approval
set forth below.
A redevelopment plan for the property that provides for a replacement
or rebuilt structure for the regulated structure being demolished
or relocated, indicating in sufficient detail the nature, appearance,
and location of all structures to be replaced or rebuilt; or
For property to remain vacant, a restoration plan for the property
following demolition, including a description of the materials, grading,
landscaping, and maintenance procedures to be utilized to ensure that
the restoration conforms to the approved plan and that landscaping
survives in a healthy condition; and/or
An environmental assessment form (EAF), when applicable. If
demolition is proposed in conjunction with the alteration or new construction
of a regulated structure, the EAF shall consider both actions.
If an EAF is required, the form shall indicate whether the structure
or site may be eligible for listing on the National or New York State
Register of Historic Places, and also whether the structure or site
is located in or adjacent to an area designated as sensitive for archaeological
site in the New York State Historic Preservation Office (SHPO) archaeological
site inventory. An inquiry must be made for consultation via the Cultural
Resource Information System (CRIS) and information requested as a
result of the CRIS inquiry must also be submitted via the CRIS. Copies
of all materials submitted via the CRIS must be submitted to the Planning
Board, including comments from the CRIS and any resulting recommendations
and signoff from the SHPO.
An historical or archaeological or cultural resource specialist
may be engaged by the Town in review of construction or demolition
applications depending on the sensitivity of the structure or site
and the extent or depth of proposed land disturbance.
Alteration. In reviewing an application for a certificate of
appropriateness for the alteration of a regulated structure or site,
the Planning Board shall determine whether the proposed alteration
is appropriate, based on the following standards:
Insofar as possible, the proposed alteration shall retain exterior
architectural features of the regulated structure or site, which contribute
to its historic character as seen from the street or other public
property or which contribute to the overall character and integrity
of the historic structure or site.
Alteration of the regulated structure or site shall be compatible
with its historic character. The Planning Board shall be guided, where
appropriate, by the Secretary of the Interior's Standards for
Rehabilitation and Guidelines for Rehabilitating Historic Buildings.
Texture and materials, and their relation to similar features
of the regulated structure or site and similar structures of the same
historic period and style;
Visual compatibility, including proportion of the property's
front facade, proportion and arrangement of windows and other openings
within the facade, roof shape and the rhythm or spacing of properties
along the street or roadway, including consideration of setback and
the treatment of yard areas;
The importance of the regulated structure or site and its architectural
or other features to the historic significance of the Town, the surrounding
community, or other regulated structures on the lot;
Demolition or land disturbance. In reviewing an application
for a certificate of appropriateness for the demolition or disturbance
of all or a portion of a regulated structure or site, the Planning
Board shall consider whether:
The structure or site is of such architectural or historic or
archaeological significance that its demolition would be to the detriment
of the public interest;
Retention of the structure or site in its current form and/or
at its present location is important to the Town's history or
character or to the cohesiveness and character of the surrounding
community;
The structure or site is of such old and unusual or uncommon
design, texture, and material that it could be reproduced only with
great difficulty, or not at all; or that it contains or potentially
contains significant historical or archaeological artifacts;
Retention of the structure or site would help preserve and protect
an historic place or area of historic interest in the Town; or significant
historical or archaeological artifacts;
Retention of the structure would promote the general welfare
by maintaining real estate values and encouraging interest in American
history and architecture;
Whether throughout the review process the applicant has consulted
cooperatively with the Planning Board, local preservation groups and
other identified interested parties in a diligent effort to seek an
alternative that would result in preservation of the regulated structure
or site;
In order to approve an application for a certificate of appropriateness
for demolition, the Planning Board shall find that the demolition
will not result in a significant avoidable diminution of the historic
character of the neighborhood; or destruction or diminution of all
or part of an archaeological site; and that one or more of the following
additional criteria have been met:
The structure or site or portion thereof to be demolished or
disturbed is in such condition that its preservation or restoration
would not be feasible.
In the case of removal or demolition of a portion of a structure,
the historic characteristics of the remaining portion of the structure
will remain intact.
After considering the interests of the public and the owner,
the benefits of demolition or disturbance outweigh any reasonable
interest in preserving the building or site.
New construction shall not detract from the historic significance
of the property, adjacent regulated structures, or sites or from the
character of the surrounding community. Review of new construction
shall be limited to visual compatibility and minimizing impacts to
any adjacent regulated structures or sites. In applying the principle
of compatibility, the Planning Board shall consider the following
factors:
Information and/or testimony as to the appropriateness or inappropriateness
of the proposed structure or site in connection with the purpose and
intent of this section.
Nothing herein shall prohibit the Planning Board from granting
a certificate of appropriateness for a structure of compatible architectural
character if the Planning Board finds, in writing, that the compatible
architectural character of the new structure outweighs any visual
impacts on nearby regulated structures or sites.
Upon receipt of a complete application, the Planning Board shall
refer the submission to the Dutchess County Department of Planning
and Development pursuant to § 239-m of the General Municipal
Law, when required.
In the case of an approval of a certificate of appropriateness
for alteration or demolition or land disturbance, the Planning Board
shall be empowered to impose reasonable conditions to ensure that
the activity is conducted in a manner consistent with the purpose
and intent of these regulations and to cause a dialogue with the applicant
to ensure, to the maximum extent practicable, opportunity is made
available for the historic structures and sites to be recorded and,
in the case of demolition or land disturbance, salvageable architectural
elements or artifacts are removed prior to the demolition for use
in the rehabilitation of other historic structures or sites.
The Board's decision shall be filed with the Town Clerk
and Code Enforcement Officer and mailed to the owner and applicant
within five days. If the Planning Board denies approval of the application
for a certificate of appropriateness, the applicant may apply for
relief, in accordance with the procedures set forth below, on the
grounds that the determination results in an economic hardship.
Waivers. The Planning Board may waive the requirement for a public
hearing, in its discretion, upon a finding that the alteration, demolition
or new construction will not result in a significant avoidable diminution
of the historic character or cultural quality of the regulated structure
or site, and that the alteration, demolition or new construction would
be appropriate in relation to any other regulated structure or site
existing or proposed within 300 feet after applying the criteria for
approval of a certificate of appropriateness above.
Certificate of hardship. An applicant whose certificate of appropriateness
has been denied by the Planning Board may apply to the Planning Board
for relief on the grounds of hardship.
No person who has been denied a certificate of appropriateness
shall carry out any alteration, demolition, new construction, or disturbance
of a regulated structure or site without obtaining both a certificate
of hardship from the Planning Board and a building or demolition permit
from the Building Inspector.
A public hearing shall be held on the hardship application within 62 days of receipt of a complete application by the Planning Board. Notice of the public hearing shall be in accordance with Code Chapter 114.
The decision of the Planning Board shall be in writing and shall
state the reasons for granting or denying the hardship application.
If the application is granted, the Planning Board shall approve only
such work as is necessary to alleviate the hardship. In granting any
approval, the Planning Board shall have the authority to impose such
reasonable conditions and restrictions as necessary.
In the absence of the requested hardship determination, the
property is incapable of earning a reasonable return, regardless of
whether that return represents the most profitable return possible;
The applicant shall consult in good faith with the Planning
Board, the New York State Historic Preservation Office, preservation
groups and interested parties in a diligent effort to seek an alternative
that will result in preservation of the property.
The Planning Board shall take into consideration the economic
feasibility of alternatives to alteration, demolition, new construction,
or disturbance, and balance the interest of the public in preserving
the regulated structure or portion thereof and the interest of the
owner in alteration, demolition, or new construction.
The Planning Board may require that the applicant make submissions
concerning any or all of the following information before it makes
a determination of hardship:
Estimate of the cost of the proposed alteration, demolition,
new construction, or disturbance, and an estimate of any additional
cost that would be incurred to comply with the recommendation of the
Planning Board for changes necessary for the issuance of a certificate
of appropriateness;
A report from a licensed engineer or architect, with demonstrated
qualifications and experience in rehabilitation, regarding the structural
condition of any structures on the property and their suitability
for rehabilitation;
Estimated market value by a licensed appraiser of the property
in its current condition; after completion of the proposed alteration,
demolition, new construction, or disturbance; after any changes recommended
by the Planning Board; and, in the case of a proposed demolition,
or disturbance, after renovation of the existing property for continued
use;
In the case of a proposed demolition, an estimate from an architect,
developer, real estate consultant, appraiser, or other real estate
professional experienced in rehabilitation, regarding the economic
feasibility of rehabilitation or renovation for reuse of a structure
proposed for demolition;
Amount paid for the property, deed, the date of purchase, and
the party from whom purchased, and a description of the relationship,
if any, between the owner of record or applicant and the person from
whom the property was purchased, and any terms of financing between
the seller and buyer;
If the property is income-producing, the annual gross income
from the property for the previous two years; itemized operating and
maintenance expenses for the previous two years; and depreciation
and annual cash flow before and after debt service, if any, during
the same period;
Form of ownership or operation of the property, whether sole
proprietorship, for profit or not-for-profit corporation, limited
partnership, joint venture, or other; and
Upon a finding by the Planning Board that without the issuance
of a certificate of appropriateness all reasonable use of, or return
from, the property will be denied a property owner, then the Planning
Board shall issue a certificate of hardship approving the proposed
work.
Certificates of appropriateness and of hardship for demolition
shall expire one year from the date of approval. Certificates of appropriateness
and hardship for alteration and new construction shall expire if any
of the following circumstances occur: work authorized under the certificate
is not commenced and diligently pursued through the completion of
substantial construction within 30 months of the date of approval
by the Planning Board, or within 30 months of the stamping and signing
of a related site plan, whichever is later.
Upon prior written request to the Planning Board at least 21
days before expiration, including a statement of justification for
the requested time extension, the time in which to exercise the permit
may be extended by the Planning Board for a maximum period of six
calendar months and one calendar year, from the date of approval by
the Planning Board, or from the stamping and signing of a related
site plan, whichever is later.
All land use development projects for which a completed application for site plan approval, subdivision approval, or grant of a special use permit was outstanding on the effective date of the local law enacting Code § 150-137 shall be exempt from the provisions of Code § 150-137.