A.
There is hereby created an Architectural and Historic
Review Board (hereinafter referred to as the "Board").
B.
The Board shall assume the following roles and functions:
(1)
To review and approve, or disapprove, of applications for sign and building permits, as specified in § 13-7, below.
(2)
To review and approve, or disapprove, of applications for local landmark status, as specified in § 13-13, below.
(3)
To review applications for the creation of Historic
Overlay Districts and provide comments to the Board of Trustees.
(4)
To advise the Planning Board on site plan review applications.
(5)
To advise the Zoning Board of Appeals on special permit
and variance applications that are also subject to Board review.
(6)
To advise the Board of Trustees and other Village
boards and officials as relevant with respect to public buildings,
gateway signage and such municipal capital projects as may be referred
to it by the Board of Trustees.
(7)
To promote the protection, preservation and enhancement
of Northport's historic, maritime, architectural and cultural heritage
through such activities as it shall determine.
C.
In exercising its roles and functions, the Board shall
focus its reviews and advice on matters pertaining to the design and
appearance of buildings, landscaping, signs, outdoor lighting fixtures,
and structures such as retaining walls and fences. For landmark properties
the Board shall address issues of historic preservation.
A.
The Architectural and Historic Review Board shall
consist of five members and two alternates, appointed by the Mayor
subject to the approval of the Board of Trustees.
[Amended 4-19-2022 by L.L. No. 6-2022]
B.
Members shall serve without compensation.
C.
The Mayor shall designate a Chair and Vice Chair of
the Board, subject to the approval of the Board of Trustees. However,
should the Mayor not designate a Chair, the Board shall elect an Acting
Chair by a majority vote of the whole Board. The Chair shall preside
at all meetings and shall rule on all points of order and procedure
in matters before the Board.
D.
All members of the Board shall be residents of the
Village and shall be specially qualified by reason of training or
experience in architecture, history, land development, planning, real
estate, landscape architecture, graphic design or other relevant business
or profession or by reason of civic interest and sound judgment to
judge the effects of a proposed building, structure or sign upon the
desirability, property values and development of surrounding areas.
E.
The Board may, upon a majority vote, designate subcommittees
of between one and three members to:
F.
The term of office of each member and alternate shall
be three years. The appointments of the members shall be staggered
so that there is no more than three such appointments per year; the
appointments of alternate members shall be staggered so that there
is no more than one such appointment per year.
G.
The Mayor may remove from the Board any member that
has failed to attend three consecutive meetings or six meetings in
any twelve-month period, or that has failed to comply with any educational
requirements that may be imposed by the Board of Trustees. The Mayor
shall further have the power to remove any member for cause after
public hearing.
H.
A vacancy occurring in the membership of the Board
for any cause shall be filled by a person appointed by the Mayor and
approved by the Board of Trustees for the unexpired term.
I.
Training.
[Added 4-5-2007 by L.L. No. 3-2007]
(1)
Each member of the Board of Architectural and Historic
Review shall complete, at a minimum, four hours of training each year
designed to enable such members to more effectively carry out their
duties. Training received by a member in excess of the four hours
in any one year may be carried over by the member into succeeding
years in order to meet the requirements of this subsection. Such training
shall be approved by the Village Attorney and may include, but not
be limited to, training provided by a municipality, regional or county
planning office or commission, county planning federation, state agency,
statewide municipal association, college or other similar entity.
Training may be provided in a variety of formats, including but not
limited to electronic media, video, distance learning and traditional
classroom learning.
(2)
To be eligible for reappointment to such board, such
member shall have completed the training promoted by the Village pursuant
to this subsection.
(3)
The training required by this subsection may be waived
or modified by resolution of the Board of Trustees when, in the judgment
of the Board of Trustees, it is in the best interest of the Village
to do so.
(4)
No decision or action of the Planning Board shall
be voided or declared invalid because of a failure to comply with
this subsection.
J.
There shall be two alternate members of the Board of Architectural
and Historic Review appointed by the Mayor, subject to the approval
of the Board of Trustees, for a term of four years each. The Chairperson
of the Board of Architectural and Historic Review may designate an
alternate member to substitute for a member due to a conflict of interest
or where a member cannot participate for other reasons. Alternates
so selected shall be on a rotating basis and once designated shall
possess all the powers and responsibilities of a member for the applications
for which the designation has been made.
[Added 5-6-2014 by L.L. No. 2-2014]
A.
Meetings of the Board shall be held at least monthly,
but may be held at any time at the call of the chair or four members.
B.
A majority of the Board shall constitute a quorum
for the transaction of business.
C.
The concurring vote of four members of the Board shall
be necessary for the adoption of any recommendations, motions or other
acts of the Board.
D.
No member of the Board shall vote on any matter that
may materially or apparently affect the property, income or business
interest of that member.
E.
All regular meetings of the Board shall be open to
the public in compliance with Public Officers Law, Article 7, Open
Meetings. A majority of the members present at any time may decide
to continue a meeting in executive session for discussions regarding
proposed, pending or current litigation other such purposes as the
allowed by the open meetings law.
(1)
Any person present may be heard in support of or in
opposition to any matter before the Board.
(2)
Any agency of the Village or of an adjoining municipality
may be represented at any meeting when an application in which such
agency is interested is on the calendar of the meeting and may furnish
to the Board information and comment relevant to such application.
F.
Applicants may appear in their own behalf or be represented
by an architect, attorney or other agent.
G.
The Board shall record its proceeds and keep minutes,
which shall document:
(1)
Its examinations and other official actions;
(2)
The vote of each member upon each question or, if
absent or failing to vote, indicating such fact;
(3)
All Board requests to applicants for additional information
in the form of illustrations, photographs, samples, historic documentation,
etc., when relevant;
(4)
All requests and recommendations to each applicant
for design modifications; and
(5)
All conditions upon which approvals are stipulated.
H.
In cases where a verbatim transcript of the proceedings
of the Board is deemed necessary, as in public hearings, the Chairman
of the Board is empowered to engage a court stenographer for this
purpose.
I.
The Board shall have power from time to time to adopt,
amend and repeal rules and regulations, not inconsistent with law
or the provisions of this chapter, governing its procedure and the
transaction of its business and for the purpose of carrying into effect
the standards outlined in this chapter. Such action shall be taken
after public hearing and shall be subject to the approval of the Board
of Trustees, and a copy thereof shall be filed in the Village Clerk's
office.
J.
The Board may hold a public hearing when it deems
the same to be in the public interest by a majority of the Board,
such as new commercial or institutional construction, structural improvements
that will result in substantial exterior changes, or the designation
of or changes to a landmark.
(1)
Such public hearing shall be held at a time and place
designated by the Chair, either in conjunction with or separate and
apart from a regular or special meeting of the Board.
(2)
Notice of a public hearing to be held by the Board shall be published in the issue of the official newspaper of the Village preceding the date of such hearing. The cost of said publication shall be borne by the applicant, which shall be paid in full prior to publication in accordance with the procedures set forth in Northport Code § 147-4. The failure to pay the required fee shall toll the time period for the scheduling of the public hearing.
(3)
Applicants or their representatives shall be served
with a written notice of the time and place of any public hearing
where their application is to be considered not less than 14 days,
if by mail, and not less than 11 days, if by personal service, prior
to the date of such hearing.
(4)
Applicants whose application is the subject of a public
hearing by the Board shall serve, personally or by mail, a written
notice, setting forth the nature and substance of the application
and the time and place of the hearing at which the application shall
be heard by the Board, upon all owners of property shown on the current
assessment rolls of the Village of Northport any part of which is
located within 500 feet of the structure to which the application
relates. A second distribution of said notice shall be addressed to
"Occupants" of said properties. A third distribution of said notice
shall be addressed to the Town of Village Clerk of neighboring municipalities
within 500 feet of the subject property, when applicable, subject
to NYS General Municipal Law 239-nn. Such notice shall be served by
mail not less than 10 days or by personal service not less than seven
days prior to the date of the hearing, and proof of proper service,
in affidavit form, shall be submitted to the Board by the applicant
at or prior to the hearing.
(5)
Only such business shall be conducted at a public
hearing as shall have been contained in the notice thereof.
(6)
Any person, whether or not entitled to notice, shall
be given an opportunity to be heard in support of or in opposition
to any application or to convey information materially relevant to
such application. The rules governing the regular meetings of the
Board shall be followed with respect to appearances and submissions.
(7)
Any public hearing may be adjourned to a later date
by vote of a majority of the members of the Board present at the date
originally fixed for such hearing, and, unless otherwise directed
by the Board, no notice need be given of any adjourned public hearing.