Notice of determination. For each application referred to the Board, a notice of approval, approval with conditions, or disapproval shall be issued within 30 days from the date the public hearing is closed or, if the application is determined by the Board not to warrant a public hearing, from the date of the Board meeting at which the application review is completed. All decisions shall be in writing, signed by the Chair and filed with the Village Clerk and shall comply with the following:
All findings and decisions shall be based upon the evidence presented to the Board, which shall issue a reasoned decision that balances the benefit and degree of compliance with the burden upon the property owner. It is intended that the Board's decision be reasonable and appropriate without causing a substantial negative economic impact upon the property owner when compared to viable alternatives. In addition, the Board's decision shall cite evidence to demonstrate that the determination is not based on personal preference as to taste or choice of architectural style.
Decisions based solely on impacts to landmarks shall not be binding. The Board may propose economic aid such as a tax abatement as incentive for the applicant to accept recommendations made related to landmark protection or preservation, and to ameliorate any practical difficulties or adverse impacts associated with implementing such recommendations. Any agreement reached between the Board and the applicant on an economic incentive shall be subject to the approval and action of the Board of Trustees.
Remedies. Applicants for projects that are subject to site plan review who are aggrieved by a decision of the Board and/or of the Building Inspector in denying a building permit solely by reason of the Board's decision, may appeal to the Planning Board, which is hereby granted power to hear and determine all such appeals in accordance with the standard of review set forth in Subsection B herein and in accordance with the procedures set forth in Subsection C herein. Such appeals must be taken within 60 days after filing of the Board decision with the Village Clerk or, if applicable, within 60 days after the denial of a building permit application by the Building Inspector, whichever is later, provided that under no circumstances shall the time to appeal exceed 120 days from the filing of the Board decision appealed from.
Standard of review. In reviewing a decision of the Board, the Planning Board shall apply the same standard of review applicable to New York Civil Practice Law and Rules Article 78 proceedings that challenge determinations of municipal planning boards and boards of zoning appeals.
Procedure on appeal.
An applicant must file a written statement entitled "Notice of Appeal to Planning Board from decision of the Board of Architectural and Historic Review" with a statement of the grounds for the appeal with the Village Clerk, with copies to the Planning Board and Board of Architectural and Historic Review. Upon receipt of the notice of appeal, the Board of Architectural and Historic Review shall forward its original file to the Planning Board to be maintained by said Board as its permanent record. Upon receipt of the notice of appeal, the Planning Board Chair shall establish a schedule by which the applicant shall submit its written statement in support of the appeal with references to the record before the Board of Architectural and Historic Review and any interested persons my file a response thereto. Within 10 days of receipt of notice of the schedule for submissions, the applicant shall cause a copy of said notice of appeal and the schedule for submissions to be mailed by regular mail to all property owners located within 500 feet of the property lines of the subject property. Said mailing shall consist of two mailings, one addressed only to "Occupant" and the other addressed to the name(s) of the property owner(s), if known. The Planning Board Chair shall have discretion to extend the applicant's time for filing its submission, provided that written notice of said revised schedule shall be mailed to property owners as provided in this Subsection, giving at least 20 days' notice of any change in the time by which interested parties are required to submit written responses. Written notice is only required to be sent to properties located within the boundaries of the Incorporated Village of Northport.
The Planning Board Chair shall determine the number of copies of the notices and submissions provided for herein that must be filed either in support or in opposition to the appeal. Copies of the entire Planning Board file on the appeal, including all submissions, shall be made available to the public upon request.
The Planning Board is confined to the evidentiary record that was considered by the Board of Architectural and Historic Review and shall not accept or consider any new evidence of any kind. The Planning Board shall not conduct an evidentiary hearing and may, in its sole discretion, permit the applicant and any interested parties to present an oral argument of their position.
The Planning Board is required to render its decision on the appeal no later than 90 days from the date of filing of the notice of appeal. Said determination must be a reasoned decision in writing and must be filed with the Village Clerk with copies mailed to the applicant and any interested person who submitted any written arguments to the Planning Board as part of the appeal process. In its decision, the Planning Board may grant or deny the appeal, in whole or in part. In the event any portion of the appeal is granted, the Planning Board shall remand that portion of the application to the Board of Architectural and Historic Review for further review and decision not inconsistent with the Planning Board determination.
Any aggrieved party may appeal the decision of the Planning Board pursuant to Article 78 of the New York Civil Practice Law and Rules by filing said appeal within 30 days of the filing of the Planning Board decision with the Village Clerk.
Applicants for projects that are not subject to site plan review who are aggrieved by a decision of the Board and/or of the Building Inspector in denying a building permit solely by reason of the Board's decision, may appeal the Board's decision pursuant to Article 78 of the New York Civil Practice Law and Rules. The time to take the appeal is governed by the applicable statute of limitations as set forth in the New York Civil Practice Law and Rules and shall commence upon the filing of the Board's decision in the office of the Village Clerk.
No person, firm or corporation shall construct, reconstruct or alter any building within the limits of the Village of Northport if the building permit application for such work has been referred to the Board of Architectural and Historic Review for its approval unless and until said Board has approved such application and a building permit has been issued by the Code Compliance Director.
Each violation of this chapter shall be punishable by a fine of not more than $1,000, 15 days imprisonment, or both, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. In addition to such fine, the violator shall pay all costs and expenses incurred by the Village in proving such violation.
The Building Inspector or any other enforcement officer of the Village of Northport may place a stop-work-order on any violation discovered during the construction/building process. The Building Inspector or any other enforcement officer of the Village may at any time refuse to issue, or revoke, a certificate of occupancy for the building or other improvements constructed or being constructed on the site in violation of this chapter until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein.
All applications to the Board shall be accompanied by a fee as established by the Village Board, and set forth from time to time by resolution in § 147. The Board shall assess fees to the applicant in compliance with § 147-4.