The Board of Trustees finds that excessive uniformity, dissimilarity,
inappropriateness or poor quality of the design and location of buildings
and appurtenant structures, including signs, adversely affects the
desirability of the immediate and neighboring areas and thereby impairs
the benefits of occupancy of existing property and the stability and
value of both improved and unimproved real property in such areas,
prevents the most appropriate development of such areas, produces
degeneration of property, and destroys the proper relationship between
the taxable value of real property in such areas and the cost of municipal
services provided therefor. It is the intent of this article to establish
procedures and design criteria necessary to avoid such results and
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.
[Amended 4-21-2016 by L.L. No. 5-2016]
A. Prior to the commencement of any exterior activity requiring a certificate
of appropriateness, the owner shall file an application with the Board
of Historic Preservation and Architectural Review. Prior to the filing
of an application, all applicants, together with design or other consultants
and contractors, are encouraged to meet informally with the Board
to discuss the process, the regulatory requirements and any means
to enhance the efficient disposition of any application, it being
understood, however, that any such informal meeting is not binding
and is intended merely to assist an applicant to avoid delay, expense
and to provide a detailed understanding of the provisions of this
article. A complete application shall contain:
(1)
The name, address and telephone number of the owner.
(2)
The location, Tax Map designation, and photographs of the property
and all adjacent properties, clearly indicating all public views and
including any trees which the applicant intends to remove or relocate
or to prune in a manner other than ordinary trimming or ordinary maintenance,
as well as a site drawing showing, in an historic district, the location
of any proposed tree installations, including the species and caliper
for each.
(3)
Elevation drawings showing existing conditions and proposed
changes, including relationship to adjacent properties and, if necessary
in the Board’s view, axonometric drawings.
(4)
Perspective drawings, including relationship to adjacent properties,
if necessary in the Board’s view.
(5)
Sample of color and materials to be used.
(6)
The Board may also require, when appropriate, printed 3-D renderings,
3-D models, a visual study of elevations in relation to adjacent neighbors,
a visual study of elevations and volume in relation to existing structures.
(7)
Where the proposal includes signs or lettering, a scale drawing
showing the type of lettering to be used, all dimensions and colors,
a description of materials to be used, method of illumination, method
of attachment to buildings and a plan showing the sign’s location
on the property.
(8)
Any other information which the Board may deem necessary in
order to determine the appropriateness of the proposed changes, including,
by way of illustration and not limitation, the location of any temporary
toilets to be maintained during any construction, awnings and any
landscape design features, that is, sidewalks, aprons, driveways,
terraces, regulated under this chapter, retaining walls, curbing and
similar features.
B. Preliminary plans, elevations, sketches and/or proposals may be submitted
to the Board by the owner or by the architect or other agent of the
owner for consultation prior to filing an application for a building
permit or certificate of appropriateness.
C. No building permit shall be issued for such proposed work until a
certificate of appropriateness has first been issued by the Board.
The certificate of appropriateness required shall be in addition to,
and not in lieu of, any building permit that may be required by any
other local law.
D. Every application for a certificate of appropriateness shall be reviewed
by at least a quorum of the Board, except that any application for
a permit to demolish or remove a landmark or contributing building
within the Historic District and a building 3,000 square feet or greater
shall be reviewed by the full Board.
E. Meetings of the Board shall be held at such times as the
Board may determine. When necessary, special meetings of the Board
shall be held at the request of the Building Inspector or at the call
of the Chairman.
F. The Board shall approve, deny or approve the permit with modification. The Board may require changes in plans as a condition of approval and may direct landscaping as part of a plan before approval thereof. The Board may require submission of samples of exterior finishes and colors as part of its review of an application. In its review, the Board may require documentation of cultural remains and architectural details and features prior to any alteration, restoration or reconstruction. Except as provided in Subsection
G of this section, the Board may, at its option, hold a public hearing on the application to obtain information from the applicant and the general public to aid in making its determination. The Board shall make its decision as to whether or not to hold a public hearing no later than 30 days of its receipt of a complete application. The public hearing shall take place no later than 60 days after receipt of a complete application. An applicant may extend any of the aforesaid time periods. Where a public hearing is to be held, the following notice requirements shall apply:
[Amended 11-14-2017 by L.L. No. 14-2017]
(1) The Board shall fix the time and place for a public hearing and shall
provide for giving notice of the public hearing by publishing a notice
in the official newspaper at least 10 days prior to the hearing.
(2) In addition, at least 10 days prior to the hearing, the applicant
shall mail notice of the time, date, place and nature of the hearing
to the owners of record of every property which abuts and every property
which is within 200 feet of the property involved in the application.
Such notice shall be made by certified mail and addressed to the owners
at the addresses listed for them on the local assessment roll. On
or before the commencement of the public hearing, the applicant shall
file a radius map prepared by a professional and an affidavit with
postal receipts annexed thereto, confirming mailing of said notices.
(3) The applicant or his agent shall also erect, or cause to be erected,
a sign or signs which shall be displayed on the parcel upon which
the application is made, facing each public street on which the property
abuts, giving notice that an application has been made to the Board
and stating the time and place where the public hearing will be held.
Said sign shall be white with black lettering, measuring not less
than 22 inches long and 14 inches wide. The sign(s) shall not be located
more than 10 feet from the street line, and shall not be less than
two feet nor more than six feet above the existing grade at the street
line. The sign(s) shall be displayed for not less than 10 days immediately
preceding the public hearing date. The applicant shall file an affidavit
with the Board that the provisions of this subsection have been complied
with. Failure to submit such affidavit shall result in the adjournment
of the public hearing.
G. Applications for a certificate of appropriateness for demolition
or removal affecting a landmark or contributing building within the
Historic District or for buildings which contain 3,000 square feet
or more shall be subject to a mandatory public hearing.
H. Where no public hearing is held for an application, the Board shall
render a final decision within 60 days of the application being deemed
complete for review. Where a public hearing is held on an application,
the Board shall render a final decision within 60 days of the close
of the public hearing.
I. All decisions of the Board shall be determined by resolution and
approvals shall be valid for two years from the date of approval.
A copy shall be sent to the applicant by regular mail and a copy filed
with the Village Clerk’s office for public inspection. The Board’s
decision shall state the reasons for denying or modifying any application.
[Amended 11-14-2017 by L.L. No. 14-2017]
J. Consent agenda.
[Added 4-13-2021 by L.L.
No. 5-2021]
(1)
The Board is empowered to consider and approve with a single
motion multiple applications which have been placed on a consent agenda.
The decision shall be based on:
(a)
The nature and extent of the alteration or demolition being
proposed.
(b)
The degree to which the application is in conformance with the
appropriate design guidelines.
(c)
Written consent agenda guidance and policy, approved by the
Board, regarding paint colors, materials, and items generally suitable
for specific purposes within the district.
(2)
Items placed on the consent agenda shall be listed on the Board's
meeting agenda and announced at the meeting. A majority vote of the
Board members present at the meeting may remove an item from the consent
agenda and place it on the regular agenda for full consideration by
the Board.
(3)
The Chair of the Board shall entertain a motion to approve items
placed on the consent agenda upon hearing no objection to the applications
remaining on the list.
(4)
Applicants with items pending on the consent agenda do not need
to attend the Board meeting at which their application is being considered.
(5)
Because of the minor nature of such applications, consent agenda items shall not require a public hearing, notwithstanding Subsection
G.
K. Except as provided in §
300-13.7A, where an application for a building permit involves only interior renovations, referral of such application to the Board shall not be required, and approval of such application by the Board shall not be required.
Amended 4-21-2016 by L.L.
No. 5-2016]
A. Definitions. Notwithstanding any provision of law to the contrary, for the purposes of Article
XIII, the following terms shall have the following meanings:
CONTRIBUTING BUILDING
A building, site, landmark, or structure located in the Historic
District, identified as a contributing building, site, structure or
a landmark in the following document: The National Park Service, National
Register of Historic Places, Sag Harbor Approval No. 1024-0018, (211
pages) dated March 8, 1994, including 870 +/- contributing buildings,
sites or structures and 15 +/- landmarks. Any subsequent amendments
thereto shall also be included in this definition.
DEMOLITION
The destroying, tearing down, or razing of part or all of
a contributing building or landmark in the Historic District.
LANDMARK
The same meaning as the term “historic or cultural landmark,” as defined in §
300-2.2 of this chapter.
REMOVE
The moving of a contributing building or landmark to a new
location, either on the same site or to a new site.
B. The Building Inspector shall refer all applications for the demolition
or removal of a building or structure to the Board for a certificate
of appropriateness, as required by this chapter. All applications
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.
C. In addition to the requirements of Subsection
B of this section, every application for a permit to demolish or remove a landmark or contributing building within the Historic District shall be subject to the additional requirements of this section below.
D. Any application for a permit to demolish or remove a landmark or contributing building within the Historic District shall be subject to the review procedures of the Board, as provided in §
300-13.3 of this article.
E. Demolition. No contributing building or landmark or portion thereof
shall be demolished. The Board may grant exceptions to this rule only
as provided for in this subsection.
(1) In considering a proposal to demolish, the following guidelines apply:
(a) The Board shall consider the historic and architectural significance
of the building; and
(b) The Board shall consider the contribution the building makes to the
Historic District and the impact of its removal on the character of
the district.
(2) If an application for demolition of an historic building is based
on structural instability or deterioration, a technical report prepared
by an architect or engineer shall be required. The report shall detail
the problems and provide cost estimates for their correction.
(3) The Board may require adequate documentation of an historic building,
through photographs and measured drawings as a condition of approval
when there is no alternative but demolition.
(4) Before approval can be granted to demolish a building, the Board
shall require that plans for proposed new construction or other use
of the site be submitted and approved.
F. Removal. Landmarks and contributing buildings that make an important
contribution to the district shall be retained on their locations
and original sites. In the Historic District, each landmark and contributing
building adds to the setting of the neighboring buildings and together
they establish the larger setting of the Historic District. The character
of the district is established by the traditional placement of the
historic residences on their lots and by the resulting visual relationships
between them. The Board shall consider the historic and architectural
significance of the building, the contribution the building makes
to the Historic District on its existing site and the impact of its
removal on the character of the district. The Board may grant exceptions
to this rule only as provided for in this subsection.
(1) In considering a proposal to remove, the following guidelines apply:
(a) The Board shall consider the rhythm of the road and that the visual
relationships between buildings should be maintained.
(b) The Board will take into account the setbacks of other historic houses
in the district, which remain on their original sites.
(2) The Board may require adequate documentation of an historic building
through photographs and measured drawings as a condition of approval
when there is no alternative but removal.
(3) Before approval can be granted to relocate a building, the Board
shall require that plans for proposed new construction or other use
of the site be submitted and approved.
G. In considering an application for demolition or removal of a landmark
or contributing building, the Board shall consider the historical
and architectural value and significance of the building or structure,
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 be appropriate to the conditions especially affecting the building
or structure but not affecting the Historic District generally.
H. In considering an application for demolition or removal of a landmark
or contributing building, the Board shall consider whether the application
will cause substantial detriment to the public welfare or substantial
deviation from the purpose and intent of this chapter.
I. The Board may require the investigation for cultural remains on site
prior to new construction. Access to any resulting information may
be limited to protect archaeological sites.
J. The Board shall also comply with the criteria and standards in the
Secretary of the Interior’s Standards for Rehabilitation and
Guidelines for Rehabilitating Historic Buildings.
K. No permit shall be issued by the Building Inspector unless the Board
shall have approved the application for a certificate of appropriateness
in writing.
(1) The Board, in its discretion, may require as a condition of approval
that the applicant post a bond or other surety acceptable to the Village
Attorney, in an amount to be determined by the Board or its consultant,
to guarantee to the Village that the applicant will faithfully construct,
or cause to be constructed, the work authorized by the certificate
of appropriateness in accordance with this section; the criteria and
standards in the Secretary of the Interior’s Standards for Rehabilitation
and Guidelines for Rehabilitating Historic Buildings; any conditions
of approval; and that the construction shall conform to the policies
and specifications established by the Board. Said bond shall be released
by the Village upon issuance of a certificate of occupancy.
(2) The Board, in its discretion, may also require as a condition of
approval that a professional historic consultant or professional engineer
be retained to monitor all work authorized by the certificate of appropriateness
to insure that said work is completed in accordance with this section;
the criteria and standards in the Secretary of the Interior’s
Standards for Rehabilitation and Guidelines for Rehabilitating Historic
Buildings; any conditions of approval; and that the construction shall
conform to the policies and specifications established by the Board.
The professional consultant or engineer retained to monitor the work
shall be retained by the Village and approved by the Board. The cost
of such professional shall be borne by the applicant. Fees charged
for any such professional shall be in accord with fees usually charged
for such services in the eastern Suffolk County area, and pursuant
to a contractual agreement between the Village and such professional
consultant.
L. Nonhistoric buildings may be demolished or moved out of the Historic
District.
M. An applicant, whose certificate of appropriateness for a proposed
demolition or removal has been denied, may apply 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; and
(4) An absence of responsibility for any neglect of maintenance that
may have contributed to the hardship.
N. An applicant
whose certificate of appropriateness for a proposed alteration has
been denied may apply for relief on the ground of hardship. In order
to prove the existence of hardship, the applicant shall establish
that the property is incapable of earning a reasonable return, regardless
of whether that return represents the most profitable return possible.
[Amended 8-12-2014 by L.L. No. 8-2014]
A. In determining whether to approve or disapprove an application for
a certificate of appropriateness, the Board shall not consider changes
to interior spaces or other changes that are not visible from an adjacent
street or that are not visible from an adjacent property. If the interior
changes are visible from an adjacent street or property, the Board
shall review such proposed changes.
B. The Board shall adopt, and from time to time amend, guidelines for
applying the policies, purposes and objectives of this article.
C. Guidelines may be adopted for any aspect of review or for any specific
area or district and will identify its desirable character, important
qualities and best features.
D. Solar and alternative energy systems shall not be visible from an
adjacent street or from an adjacent property.
[Added 4-21-2016 by L.L.
No. 5-2016]
All work performed pursuant to a certificate of appropriateness
issued under this chapter shall conform to any requirements included
therein. It shall be the duty of the Building Inspector to inspect
periodically any such work to assure compliance. In the event that
he finds work that is not being performed in accordance with the certificate
of appropriateness, or upon notification of such fact by the Board
and personal verification, the Building Inspector shall immediately
issue a stop-work order, which shall remain in effect until work is
in compliance. No work shall be undertaken on the property as long
as a stop-work order is in effect.
The remedy of any person aggrieved by a decision of the Board
in granting or denying an application shall be an Article 78 proceeding.
Prior to any commencement of any Article 78 proceeding and as a condition
of exhaustion of the regulatory process under this article, the Board
shall, within 31 days after receipt of a written request from the
applicant, make formal findings of facts and file same in the Village
Clerk's office within 10 days thereafter and, upon any such filing
of such findings, the applicant shall, within 31 days after such filing,
answer the findings by submission of formal proof and, upon such submission
and within 31 days thereafter, the Board shall reconsider its decision
and may conform or modify its prior decision; at which point, if the
applicant is still aggrieved, the applicant may file an Article 78
petition within 30 days after the filing of the Board's decision confirming
or modifying its prior decision.