Village of Sagaponack, NY Article X Architectural and Historic Review Board

§ 245-72 Purpose and intent.

The intent of this article to provide for the establishment of procedures to avoid a lack of coordination in building design and appearance, 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.

§ 245-73 Membership; procedures; powers and duties.

A. An Architectural and Historic Review Board (AHRB) consisting of five members shall be established by the Village Board. The method of appointment, qualifications, terms of office, and tenure shall be as follows:

(1) Initial appointments shall be five members made for terms so that one member's term shall expire at the end of the current official year, two members' terms shall expire at the end of the next official year (one year after the end of the current official year) and two members' terms shall expire at the end of the next official year (two years after the end of the current official year).

(2) Succeeding appointments shall be made for terms of three years. Vacancies occurring for any reason other than expiration of a term shall be filled by interim appointment by the Village Board for the remainder of the former member's unexpired term.

[Amended 11-18-2013 by L.L. No. 8-2013]

(3) The Chairperson and Vice Chairperson of the AHRB shall be designated by the Village Board. Such designation shall be for a term of one official year and shall expire at the end of each official year. In the absence of the Chairperson, the Vice Chairperson shall serve as Chairperson. The designation of Chairperson and Vice Chairperson may be withdrawn at the pleasure of the Village Board.

(4) All members of the AHRB shall be residents of the Village deemed qualified by reason of training, experience or civic interest, and by reason of sound judgment, to judge the effects of a proposed building or exterior alteration on the nature and character of the community and of the immediate neighborhood, as provided in this article.

(5) The AHRB shall officially designate a registered architect to advise and take part in its deliberations, but without a vote, unless a registered architect is a member of the AHRB. The Village Board shall fix the compensation of such registered architect and pay other expenses of the AHRB.

(6) The Village office shall be the office of the AHRB and the Village Clerk shall be the Clerk of the AHRB.

(7) All meetings of the AHRB shall be in the Village and open to the public. A quorum shall consist of three members.

(8) Every decision by the AHRB shall be by resolution except as otherwise provided in § 245-74D below.

[Amended 12-10-2007 by L.L. No. 33-2007]

(9) For the purposes of substituting for a member of the AHRB in the event that such member is unable to participate because of a conflict of interest or is otherwise unavailable, the Mayor may appoint one or more alternate members subject to the approval of the Board of Trustees, with any such appointment for a term of one year from the date of appointment. Any designation of an alternate member in replacement of a member shall be made by the Chairperson of the AHRB and shall be entered in the minutes.

[Added 6-15-2009 by L.L. No. 2-2009]

(10) Each member of the AHRB shall be obliged to complete four hours of training each year designed to enable members to carry out their duties most efficiently. Any such training shall be approved by the Board of Trustees, and completion thereof shall be a condition of reappointment.

[Added 3-17-2014 by L.L. No. 9-2014]

B. Duties and powers.

(1) The AHRB is charged with the duty of maintaining the desirable character of the Village and disapproving applications for the demolition, construction, reconstruction and/or alteration of buildings and structures that are designed without consideration of the harmonious relation of the new or altered building or other structure to such buildings as already exist and the character and environs in which they are set.

[Amended 3-17-2014 by L.L. No. 9-2014]

(2) The AHRB may disapprove any application for a permit, provided that the AHRB has afforded the applicant an opportunity to confer upon suggestions for change of the plan or map and provided that the AHRB finds and states that the structure or building for which the permit was requested would, if erected, constructed, reconstructed or altered as indicated, provide one or more of the harmful effects described herein by reason of:

[Amended 12-10-2007 by L.L. No. 33-2007]

(a) Monotonous similarity to any other structure or buildings located or proposed to be located in the Village in respect to one or more of the following features of exterior design and appearance:

[1] Substantially identical facade, disregarding color.

[2] Substantially identical size and arrangement of either doors, windows, porticos, porches or garages or other openings or breaks or extensions in the facade, including reverse arrangements.

[3] Other substantially identical features, such as but not limited to setbacks from street lines, heights, widths and lengths of elements of building design and exterior materials and treatments.

(b) Striking dissimilarity, visual discord or inappropriateness with respect to other structures or buildings located or proposed to be located in the Village in respect to one or more of the following features of exterior design and appearance:

[1] Facade, disregarding color.

[2] Size and arrangement of doors, windows, porticos, porches or garages or other openings, breaks or extensions in the facade.

[3] Other significant design features, such as but not limited to mass, scale, heights, widths, or lengths, even if same is otherwise in dimensional compliance under Chapter 245 of this Code, or elements of design, exterior materials and treatments, roof structures, exposed mechanical equipment, service and storage areas, retaining walls, landscaping signs, lightposts, parking areas, fences, service areas, awnings and canopies.

[Amended 7-20-2012 by L.L. No. 2-2012]

(c) Visual offensiveness or other poor qualities of exterior design, including but not limited to excessive divergences of the mass or scale or height or levels of any part of the structure or building from the grade of terrain; harmony or discord of color or incompatibility of the proposed structure or building or any design feature, refurbishing, reconstruction, alteration or addition with the terrain on which it is to be located; use of glass including windows, walls or otherwise so as to cause or result in interior fixtures projecting light onto the property of another or the public right-of-way when the design is not necessary and effectively so excessive as to create off-site glare, light trespass and/or skyglow as each said term is defined in Village Code § 119-2; 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.

[Amended 6-20-2016 by L.L. No. 5-2016]

(d) Inappropriate alteration of any kind or degree to any structure which is an historic building whether within or outside any historic district inclusive of but not limited to any structure within the February 2017 Inventory of Selected Historic Structures Outside the National Register Historic District filed at the Village Clerk’s office. In evaluating whether any alteration is inappropriate the Board shall consider the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, as amended, as a reference. For purposes of this subsection, an alteration is any work on a structure for which a building permit is required and any material change to the exterior appearance of a structure, excluding cleaning and minor repairs, and includes the refacing or resurfacing of the exterior facade of a structure or building in any manner which would substantially and significantly affect its character and appearance, as well as an act or process which substantially and significantly changes one or more of the exterior architectural features of a building or structure. For purposes of this subsection, an historic building is any structure which the Board determines is an historic building pursuant to the following standards. For purposes of this subsection, any such determination shall be subject to the Board finding that the structure:

[Added 8-17-2009 by L.L. No. 4-2009; amended 6-19-2017 by L.L. No. 4-2017]

[1] Possesses special character or historic or aesthetic interest or value as part of the cultural, political, economic or social history of the Village, region, state or nation; or

[2] Is identified with historic personages or is the site of an historic event in the Village, state or nation; or

[3] Embodies the distinguishing characteristics of a type, period, style or method of architecture or engineering; or

[4] Is the work of an important builder, designer, artist or architect whose work has significantly influenced an age; or

[5] Because of its unique location or singular physical characteristics or landscape, represents an established and familiar visual or aesthetic feature of the neighborhood; or

[6] Is significant for containing elements of design, details, materials or craftsmanship which represent a significant innovation; or

[7] Has special historical significance to the Village of Sagaponack, Town of Southampton, County of Suffolk, State of New York, or the United States of America by reason of famous events or the antiquity or uniqueness of architectural construction or design or its inclusion as a structure listed within the February 2017 Inventory of Selected Historic Structures Outside the National Register Historic District filed at the Village Clerk's office.

(e) Additional criteria applicable to the review and consideration of any application within § 245-73B(2)(d) above shall include:

[Added 3-17-2014 by L.L. No. 9-2014]

[1] Features or properties which make significant contribution to the character of an historic building or an historic district shall be altered as little as possible.

[2] Any alteration of an existing feature or property shall be compatible with its historic character as well as with the character of nearby properties and shall not diminish the value of the historic building or any adjacent or nearby property.

[3] New construction shall be compatible with the character of nearby properties in the historic district.

[4] A property shall be used as it was historically or shall be given a new use that maximizes the retention of distinctive materials, features, spaces and spatial relationships.

[5] The replacement of intact or repairable historic materials or alteration of features, spaces and spatial relationships that characterize a property shall be avoided if the replacement diminishes the historic character and is not necessary.

[6] Each property shall be recognized as a physical record of its time, place and use; accordingly work needed to stabilize and conserve existing historic materials and features shall be physically and visually compatible with the physical record.

[7] Changes to a property that have acquired independent historic significance shall be retained and preserved.

[8] Distinctive materials, features, finishes and construction techniques or examples of craftsmanship that characterize a property shall be preserved.

[9] The existing condition of historic features shall be evaluated to determine the appropriate level of intervention needed. When the severity of deterioration requires repair or limited replacement of a distinctive feature, the new material to the extent reasonably available shall match the old in composition, design, color and texture.

[10] Chemical or physical treatments, if appropriate, shall be undertaken using the least aggressive means possible. Treatments that cause damage to historic materials shall not be used.

[11] Archeological resources shall be protected and preserved in place. If such resources must be disturbed, mitigation measures shall be undertaken.

[12] Asphalt or similar driveway surfaces as well as synthetic siding or shutters or timbers or other exterior materials shall be avoided unless reasonably indistinguishable from non-synthetic materials.

[13] New additions, exterior alterations, or related new construction shall not destroy the historic materials, features and any spatial relationship that characterizes the property. The new work shall be differentiated from the old and shall be compatible with the historic materials, features, size, scale and proportion and massing to protect the integrity of the property and its environment.

[14] Preservation rather than replacement of windows shall be used wherever feasible.

[15] Approval of any alteration or new construction shall require an affirmative finding that any changes shall support, advance and be consistent with the character of the historic district and/or the historic building and each of the applicable criteria as set forth herein.

(3) Application for demolition.

[Added 8-17-2009 by L.L. No. 4-2009[1]]

(a) Every application for a permit to demolish or remove any building or structure shall be referred by the Building Inspector to the Board for its review and approval or denial. Any such application 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. Any such application shall also be accompanied by a copy of any material pertaining to the building or structure which is contained in the February 2017 Inventory of Selected Historic Structures Outside the National Register Historic District filed at the Village Clerk's office.

[Amended 6-19-2017 by L.L. No. 4-2017]

(b) [2]Any such application for a premises within the Sagaponack Historic District, for a building or structure described in the February 2017 Inventory of Selected Historic Structures Outside the Sagaponack Historic District, or for a historic or cultural landmark shall be accompanied by a long environmental assessment form Part 1, and in all respects any such application is subject to the requirements of 6 NYCRR Part 617.

[Amended 12-20-2023 by L.L. No. 5-2023]

[2] Editor’s Note: Former Subsection B(3)(b), which stated that any demolition application before the Board of Historic Preservation and Architectural Review would be heard by a full Board, was repealed 11-8-2010 by L.L. No. 9-2010. This local law also provided for the renumbering of former Subsection B(3)(c), (d) and (e) as Subsection B(3)(b), (c) and (d), respectively.

(c) In considering an application seeking demolition, the Board shall consider the historical and architectural value and significance of the building or structure; whether the building or structure contributes to the character of the Village in any unique or special manner; 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 cause substantial detriment to the public welfare or substantial deviation from the purpose and intent of this article. To the extent applicable, the Board shall consider the criteria and standards in the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, as amended, as a reference.

(d) An applicant whose application for a proposed demolition has been denied may thereafter apply to the Board 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;

[4] There is an absence of responsibility for any neglect of maintenance that may have contributed to the hardship; and

[5] Any difficulty asserted by the applicant is in no manner self-created.

[1] Editor's Note: This local law also provided for the renumbering of former Subsection B(3) as Subsection B(4).

(4) The AHRB shall have such other duties and powers as set forth in this chapter and as otherwise established by Village Law.

C. Activities requiring AHRB review. The following activities require AHRB review:

(1) All building permit applications for all buildings or other structures, including signs, but excepting swimming pools, pool patios, pool decks and tennis courts, provided that these structures are built at or substantially at existing grade or below existing grade.

[Amended 12-10-2007 by L.L. No. 33-2007]

(2) Lighting pursuant to Chapter 119 of the Village Code and signs pursuant to § 245-28A(2) of this chapter.

D. Procedures. The AHRB shall adopt rules of procedure as it may deem necessary to the proper exercise of its responsibilities with regard to architectural review not inconsistent with any provision of this chapter.[3]

[3] Editor's Note: Original § 1002E, Disapproval, which immediately followed this subsection, was repealed 12-10-2007 by L.L. No. 33-2007.

§ 245-74 Application procedure.

A. Applications for review by the AHRB shall be submitted in the form required by the AHRB and filed in the Village Clerk's office.

B. Processing and review of applications.

[Amended 12-10-2007 by L.L. No. 33-2007]

(1) The AHRB shall review each complete application. If the application is deemed incomplete or defective for any reason, the applicant shall be notified.

(2) The AHRB may choose to schedule and hold a public hearing on any application made to it if it believes that doing so would assist in its review of the application. In any such case, the Board shall give notice of such public hearing as specified in Subsection C below.

(3) In the event that an applicant is unwilling to accept the AHRB's conditions with respect to the applicant's design and/or construction plans, the AHRB shall schedule a public hearing in accordance with the notice and hearing procedures specified in Subsection C below.

C. Notice and hearing procedure. The AHRB shall set a time and place for a public hearing and shall provide for the giving of notice at least 10 days prior to the date thereof as follows:

(1) By publishing a notice in the official newspaper of the Village.

(2) By requiring the applicant to erect a white-and-black-lettering sign or signs measuring not less than two feet long and one foot wide, which shall be prominently displayed on the premises facing each public street on which the property abuts, giving notice that an application for an appeal is pending and the date, time and place where the public hearing will be held. The sign shall not be set back more than 10 feet from the street line and shall not be less than two nor more than six feet above the grade at the street line. The sign shall be made of durable material and shall be furnished by the AHRB. It shall be displayed for a period of not less than 10 days immediately preceding the public hearing date. No additional posting shall be required for any adjournment date. The applicant shall file an affidavit that he has complied with the provisions of this section.

(3) If the land involved in an application is within 500 feet of the boundary of any other municipality, notice of the public hearing shall also be mailed to the municipal clerk of such other municipality.

(4) By requiring the applicant to mail written notice of the date, time and place of the hearing, together with a copy of the application and survey submitted to the AHRB, by certified mail, return receipt requested, to every property owner, as shown on the current Village assessment roll, of parcels abutting and directly opposite (by extension of lot lines through a street or right-of-way) of the property which is the subject of the application, proof of which shall be submitted to the AHRB on or before the commencement of the public hearing in the form of an affidavit with postal receipts annexed thereto confirming mailing of said notices at least 10 days prior to the hearing date.

D. Upon any review of an application and the approval thereof subject to minor conditions in the nature of designated revisions requiring supplemental drawings and review, the AHRB may refer for final approval any such review to the Review By Committee otherwise authorized in Subsection F below, except no such referral shall be available under this subsection if the building or structure is either within an historic district or an historic building within § 245-73B(2)(d).

[Added 5-21-2018 by L.L. No. 2-2018[1]]

[1] Editor's Note: This local law also redesignated former Subsections D and E as Subsections E and F, respectively.

E. Appeals.

[Amended 12-10-2007 by L.L. No. 33-2007]

(1) Any person aggrieved by a decision of the AHRB may request, within 30 days of the filing of the decision by the AHRB, that the AHRB make formal findings of fact. In the event of such a request, the AHRB shall make findings of fact within 62 days after the request is filed in the Village Clerk's office, which shall thereafter require the person to answer the findings by a submission of formal proof, and the AHRB shall thereafter reconsider the application on the basis of such answer. If a person is still aggrieved by the decision of the AHRB after reconsideration, such person may appeal to the Zoning Board of Appeals, in accordance with its rules, within 30 days after the filing in the office of the Village Clerk of the decision of the AHRB after reconsideration.

(2) Any appeal to the Zoning Board of Appeals shall consider whether the AHRB's decision has a reasonable basis in the record established before the AHRB and shall not be a plenary rehearing on the merits of the application.

F. Review by committee. Applications for minor alterations, signs, decks, accessory structures and similar structures shall initially be reviewed by a committee of two members of the Board, selected monthly by the Chairman, to determine whether or not consideration by the full Board shall be appropriate. In the event that said application is approved by the aforesaid committee, no further review is required under this article. Any said review and determination shall, upon approval, be deemed excepted from this chapter. In no event shall review by a committee under this subsection be available to any building or structure in the historic district or any building or structure which is a historic building within § 245-73B(2)(d).

[Added 3-17-2014 by L.L. No. 9-2014]