Village of Hewlett Neck, NY Chapter 65 Design Review Board

[HISTORY: Adopted by the Board of Trustees of the Village of Hewlett Neck 9-7-1999 by L.L. No. 6-1999. Amendments noted where applicable.]

§ 65-1 Findings; membership; terms.

A. Findings and purpose.

(1) The Board of Trustees hereby finds that a lack of coordination in building design and appearance, and excessive similarity, dissimilarity, inappropriateness or poor quality of design in the exterior appearance of buildings and structures, adversely affects the values of property in the Village and affects the use of property in the Village for the purposes for which such property is intended. Such adverse effects include, without limitation, the impairment of benefits of ownership and occupancy or properties and the stability and value of both improved and unimproved properties, produces degeneration of property with attendant conditions affecting the health, safety and general welfare of the community and destroys a proper relationship between taxable value of real property and the cost of municipal services afforded to such properties.

(2) It is the purpose of this chapter to prevent said harmful effects and thus to promote the health, safety and general welfare of the community and to preserve and protect the value of properties therein.

B. There is hereby created a Design Review Board, which shall consist of five members, and three alternate members, appointed by the Mayor, with the approval of the Board of Trustees. Alternate members shall substitute for a member in the event such member is absent or otherwise unable to serve. The Mayor shall appoint one of such members as the Chair of the Design Review Board and one as Vice Chair, and the persons so designated shall serve in such capacities for the duration of their then current term as a member of the Design Review Board. Of the original appointments of members, two shall be appointed for terms of three years each, two shall be appointed for terms of two years each, and one shall be appointed for a term of one year. Upon the expiration of such terms, successor members shall be appointed for terms of three years each, and alternate members shall be appointed for terms of one year each. Vacancies occurring for any reason other than expiration of term shall be filled by appointment by the Mayor for the balance the unexpired term.

[Amended 11-3-2008 by L.L. No. 5-2008]

C. All members of the Design Review Board shall be persons deemed specially 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 chapter.

§ 65-2 Meetings; quorum; rules; notification of meetings.

A. Meetings of the Design Review Board shall be held at the call of the Chair or at the request of two members. All such meetings shall comply with the Open Meetings Law.[1]

[1] Editor's Note: See Public Officers Law § 100 et seq.

B. A majority of the Design Review Board shall constitute a quorum for the transaction of business.

C. The Design Review Board may adopt, and from time to time amend, rules of procedure not inconsistent with law or the provisions of this chapter.

D. The applicant shall prepare a map (in the form required by the Village) showing the names of the owners of all parcels of property located within a radius of 300 feet of the subject property, measured from all points of the property lines of the subject premises. At least 10 days but not more than 20 days prior to the scheduled date of the hearing, the applicant shall send a copy of the notice of public hearing (on the form provided by the Village) to all such owners in a manner authorized by the Board of Trustees by resolution, from time to time.

[Amended 6-6-2005 by L.L. No. 2-2005; 3-27-2018 by L.L. No. 1-2018]

(1) The names of said owners shall be taken as they appear on the last completed tax roll of the Village, except that the addresses must be those of the actual places of residence of the addressees.

(2) The applicant shall file, or cause to be filed, a radius map and an affidavit of mailing (on the form provided by the Village), having attached thereto a true and complete copy of the notice of public hearing, with the Village Clerk not less than three days prior to the scheduled date of the public hearing, together with any return receipt cards or returned or undeliverable envelopes. Failure to deliver the radius map, the affidavit of mailing, and the return receipt cards or returned or undeliverable envelopes, if the manner of service requires return receipt cards, to the Village in accordance with this section may result in the application being stricken from the calendar.

§ 65-3 Referral of permit applications action on review.

A. As soon as practicable, and in any event no later than three business days after receipt by the Building Inspector of an application for a building permit involving the exterior appearance of one or more new or existing buildings or structures, the Building Inspector shall refer said application to the Village Clerk, who shall promptly transmit the same to the Chair of the Design Review Board or, in the absence of the Chair, to the Vice Chair. The Chair or Vice Chair shall review the application and determine within a reasonable period of time whether further review by the Board is required or appropriate.

B. Further review shall be required by the Chair or Vice Chair if the application is for construction of any new building or structure, or for an addition to or reconstruction or alteration of an existing building or structure in such manner as to change substantially the exterior character or appearance of the building or structure. Further review may be required by the Chair or Vice Chair in any other instance.

C. Any determination by the Chair or Vice Chair not to require further review shall be communicated to the members of the Board of Trustees. If, within 10 days of such communication, two or more members of the Board of Trustees request further review of the application, the Design Review Board shall conduct such review as provided in this chapter.

D. Where further review by the Design Review Board is to be conducted, such review shall be in accordance with the standards set forth in this chapter. Notwithstanding any other provision of this Code, until such review is completed as provided herein, including the appeal or expiration of time for appeal, the Building Inspector shall not issue or approve the permit which is the subject of such review.

E. Upon completion of its review, the Design Review Board may direct that the Building Inspector may proceed to review and make a determination upon the permit application, or direct that the application shall be disapproved. Where the Design Review Board directs that the permit application be disapproved, the Building Inspector shall not give further consideration to such application unless such direction is changed on appeal or judicial review.

§ 65-4 Direct applications.

A. In addition to permit applications referred to the Design Review Board as provided in § 65-3 of this chapter, the Design Review Board also may consider direct applications for review submitted by any applicant in advance of application for a building permit. Any such application for direct review shall include elevation plans of a proposed building or structure or proposed alteration to an existing building or structure. The Design Review Board may require additional material to be included in the application where, in the discretion of the Design Review Board, such additional material would aid in the Design Review Board's review.

B. In the case of any direct application for review, the Building Inspector shall not consider any application for a building permit for the building or structure for which such application is made so long as the direct application is pending before the Design Review Board, or any appeal from such determination is pending, or the time for such appeal has not yet expired. The Building Inspector shall not consider, or grant, any application for a building permit for a building or structure as to which the Design Review Board has directed disapproval, unless the plans for the building or structure have materially changed from those submitted to the Design Review Board on direct application. In the event that such plans are materially changed, such plans shall be subject to referral pursuant to § 66-3 of this chapter.

C. Where the Design Review Board finds that it would be inappropriate or inadvisable to review a direct application, the Design Review Board may require the applicant to withdraw the application for direct review and to submit building plans in accordance with customary procedures for applications for building permits.

§ 65-5 Content of application.

Applications must be accompanied by plans showing elevations of all proposed new buildings and structures and, in the case of additions or alterations to existing buildings or structures, all affected elevations. When required by the Design Review Board, a site plan shall also be submitted, showing:

A. Existing and proposed contours at two-foot intervals;

B. All existing trees with a trunk diameter of four inches or greater at a point three feet above the ground level and an indication whether each such tree is intended to remain or to be removed; and/or

C. Other topographical features.

§ 65-6 Standards for Board action.

A. In considering an application for a permit, the Design Review Board shall take into account the natural features of the site and surrounding areas, the exterior design and appearance of existing structures, the character of the site and the area, the fact that the overall character of homes in the Village is traditional and the peculiar suitability of the site or area for particular purposes, all with a view toward protecting and conserving the values of properties, encouraging the most appropriate uses of land in the Village and maintaining the traditional nature of the Village.

B. The Design Review Board may direct the Building Inspector to proceed to review and make a determination upon the permit application, upon finding that the building or structure for which the permit is requested, if erected or altered as proposed in the application, would:

(1) Be in harmony with the purposes of this chapter;

(2) Not be visually offensive or inappropriate by reason of poor quality of exterior design or appearance, monotonous similarity or visual or architectural discord in relation to the site or surrounding properties in the immediate vicinity;

(3) Not mar or adversely affect the appearance of the area;

(4) Not impair the use, enjoyment and desirability or reduce the values of properties in the area;

(5) Not be detrimental to the character of the neighborhood;

(6) Not prevent the most appropriate development and utilization of the site or adjacent lands; and

(7) Not adversely affect the economic stability, prosperity, health, safety and general welfare of the area and the entire community of the Village.

C. In directing the Building Inspector to proceed to review and make a determination upon a permit application, the Design Review Board may impose appropriate conditions to prevent or minimize harmful effects of the proposed construction or alteration, including a specific plan for landscaping. Where such conditions are imposed by the Design Review Board, such conditions shall be included by the Building Inspector in any approval of the building permit application.

D. Provided that the Design Review Board has first met with the applicant, or the applicant's representatives, and provided the applicant or the applicant's representatives with an opportunity for such meeting, the Design Review Board may determine that an application shall be disapproved, provided that the Design Review Board first finds that the building or structure for which the application has been submitted, if erected or altered as proposed, would provoke one or more of the harmful effects enumerated in Subsection B of this section.

§ 65-7 Failure of Board to act.

A. In addition to meeting within the time period provided in this chapter, the Design Review Board shall make its determination on the application within 60 days after the date on which the application was referred to the Design Review Board, unless such time is extended by the applicant.

B. Where the Design Review Board does not make a determination within the time required by this section, the Village Clerk shall refer the application to the Board of Trustees, which shall consider and act upon the application no later than its next regular meeting held more than 15 days after such referral to the Board of Trustees. Upon such referral by the Village Clerk to the Board of Trustees, the Design Review Board shall have no further jurisdiction with respect to such application. Such time for the Board of Trustees to act may be extended by the applicant, but if such time expires without such extension, and without a decision by the Board of Trustees, the application shall be deemed to have been recommended to the Building Inspector to act upon in the discretion of such official.

C. In the event of referral to the Board of Trustees as provided in this section, the Board of Trustees may make any determination with respect to such application as may have been made by the Design Review Board.

§ 65-8 Appeal.

Any person aggrieved by a determination of the Design Review Board pursuant to this chapter may appeal the same to the Board of Trustees by written appeal filed with the Board of Trustees no later than 15 days after such determination. Within 45 days after filing of such appeal, the Board of Trustees may consider the appeal and determine whether to affirm, reverse or modify the determination from which such appeal was taken. In the event that the Board of Trustees does not make such a determination within such forty-five-day period, the determination of the Design Review Board shall be deemed to have been affirmed.

§ 65-9 Action by Building Inspector.

A. The Building Inspector shall not approve any application for a building permit which is referred to the Design Review Board or Board of Trustees pursuant to this chapter unless directed to consider the same by the Design Review Board or Board of Trustees as provided herein, or as otherwise permitted by this chapter. In any event, no such approval shall issue until the expiration of the time provided in this chapter for further review or appeal of a determination of the Design Review Board.

B. Where the Design Review Board or Board of Trustees have imposed conditions upon a recommendation with respect to an application pursuant to this chapter, the Building Inspector shall not issue any permit with respect to such application unless the plans are made to conform to all such conditions or all such conditions have been met or satisfied.

§ 65-10 Judicial review.

Any person aggrieved by the determination of the Design Review Board or Board of Trustees pursuant to this chapter may seek judicial review of the same pursuant to Article 78 of the Civil Practice Law and Rules, in a proceeding instituted no later than 30 days after the date of such determination.

§ 65-11 Fees.

[Amended 6-6-2005 by L.L. No. 2-2005]

A. In addition to any other fees provided or required by law, the applicant shall pay to the Village Clerk a fee of $150 for any application for a permit which requires review by the Design Review Board.

B. No action shall be taken with respect to any such application until all required fees have been paid, and, until such payment is made, any time period within which any act is required to be performed by this chapter shall be tolled.