Town of East Hampton, NY Architectural and Design Review

Employ staff and professional consultants as necessary to carry out its duties under this chapter.

Adopt criteria for the identification of significant historic, architectural and cultural landmarks and for the designation of historic landmarks and districts.

Conduct surveys of significant historic, architectural and cultural landmarks and districts within the Town.

Prepare proposals to designate historic landmarks and districts under § 255-7-25 hereof and to make recommendations to the Town Board concerning the designation of identified structures or areas as historic landmarks and districts.

Develop and participate in public education programs for the purpose of increasing public awareness of the value of historic, cultural and architectural preservation.

(6)

Make recommendations to the Town Board concerning the acquisition of facade easements or other interests in real property as necessary to carry out the purposes of this article.

(7)

Recommend acquisition of a landmark building, structure or property by the Town where the Board finds that preservation of the building, structure or property is essential to the purposes of this article and that private preservation of the building, structure or property is not feasible.

(8)

Make recommendations to the Town Board concerning the utilization of federal, state, county, Town or private funds for the purpose of preserving historic landmarks and districts within the Town.

(9)

Make recommendations to the Planning Board concerning applications which affect historic landmarks or districts.

(10)

Make recommendations to the Town Board regarding any aspect of an existing or proposed historic landmark or historic district.

[Amended 6-2-2000 by L.L. No. 6-2000]

(11)

Approve, approve with conditions, or disapprove applications for architectural and design approval pursuant to this article.

(12)

Review applications and issue reports regarding work on historic landmarks or historic district properties owned by the Town of East Hampton, as provided in § 255-7-90.

[Added 11-14-2002 by L.L. No. 36-2002]

§ 255-7-25 Designation of historic landmarks and historic districts.

[Added 10-19-1999 by L.L. No. 26-1999]

The Town Board may designate certain lots, lands, buildings or structures within the Town as historic landmarks or historic districts in accordance with the following procedures:

Historic landmarks.

The Town Board may by local law designate an individual lot and any buildings or structures thereon as an historic landmark or as a special historic landmark if the property:

[Amended 12-7-2017 by L.L. No. 44-2017]

Possesses special character or historic or aesthetic interest or value as part of the cultural, political, economic or social history of the Town;

Is identified with historic personages;

(c)

Embodies the distinguishing characteristics of an architectural style, building type, period or method of construction;

(d)

Is the work of an architect, designer or builder of local or regional importance; or

(e)

Because of a unique location or singular physical characteristic, represents an established and familiar visual feature of its neighborhood.

The Town Board may by local law designate an individual building or structure as a landmark if the building or structure:

[Added 2-2-2007 by L.L. No. 7-2007]

Possesses special character or historic or aesthetic interest or value as part of the cultural, political, economic or social history of the Town;

Is identified with historic persons;

(c)

Embodies the distinguishing characteristics of an architectural style, building type, period or method of construction; or

(d)

Is the work of an architect, designer or builder of local or regional importance.

Any local law designating an individual building or structure as an historic landmark shall identify the structure by physical description and shall set forth the Suffolk County Tax Map parcel number where the structure is currently located. Any local law designating lots or lands with or without the buildings and structures thereon as an historic landmark shall identify the property by Suffolk County Tax Map parcel number. Furthermore, the property or structure shall be set forth as a landmark in the Table of Historic Landmarks and Historic Districts (Article XIII of this chapter).

[Amended 2-2-2007 by L.L. No. 7-2007]

Historic districts.

The Town Board may by local law designate any group of lots and the buildings and structures thereon as an historic district if these properties:

Contain lots, lands, buildings or structures, some or all of which meet one or more of the criteria set forth in Subsection A above; and

By reason of their spatial, visual or architectural relation to one another, the properties constitute an historically distinct area of the Town.

The boundaries of any historic district shall be indicated on the Use District (Zoning) Map (Article XII of this chapter), and the properties therein shall be suitably identified, such as by Suffolk County Tax Map parcel numbers, in any local law designating said district. Furthermore, the properties shall be set forth as a district in the Table of Historic Landmarks and Historic Districts (Article XIII of this chapter).

Notice of proposed designation. In addition to any other requirements for giving public notice of a local law amending this chapter, the Town Board shall give notice to the record owner of each property or structure proposed to be designated as an historic landmark or proposed to be included within an historic district, by mailing to said record owner a notice of public hearing for the proposed local law designating the owner's property or structure as an historic landmark or as part of an historic district. Such notice shall be given in the following manner:

[Amended 2-2-2007 by L.L. No. 7-2007]

Notice of the proposed designation of a property or a structure as an historic landmark or as part of an historic district shall be given by mailing a copy of the notice of public hearing for the local law which proposes to make such designation. For each property or structure affected by such designation, the notice of public hearing shall be mailed to the owner of said property or structure, as shown on the assessment rolls of the Town of East Hampton, at the most current address for such owner as shown on the Town's assessment rolls. The mailing of such notice shall be the responsibility of the Town Clerk, who shall send the notice by certified mail, return receipt requested, not less than 10 days prior to the date scheduled for public hearing on the local law. The notice shall identify by Suffolk County Tax Map parcel number each property proposed to be designated as an historic landmark or as part of an historic district. In the case of an individual structure to be designated as an historic landmark, a general physical description of the structure and the Suffolk County Tax Map parcel number where the structure is presently located shall be provided in the notice. The notice shall also specify the date, time and place of said public hearing.

For each owner of a property or a structure to which notice is sent, pursuant to the preceding paragraph, the Town Assessor shall certify to the Town Clerk the name and address to which notice should be mailed. The Town Clerk shall obtain and keep a copy of the Town Assessor's certification and a postal receipt indicating the date of each such mailing and the address to which sent. For properties having no current owner or address of record on the Town's assessment rolls, such as certain government properties, tax-exempt properties, or "unknown owner" properties, the Town Clerk shall obtain a certification to that effect from the Town Assessor and shall mail notice to the name and address, if any, which the Clerk determines is most likely to inform the true owner of the affected property.

Guidelines for historic landmarks, special historic landmarks, and historic districts.

[Added 6-2-2000 by L.L. No. 6-2000; amended 12-7-2017 by L.L. No. 44-2017]

The Town Board may by local law adopt, and from time to time amend, guidelines or regulations to further direct the Architectural Review Board in its application of the criteria set forth in § 255-7-30 hereof with respect to any historic landmark, special historic landmark, or historic district designated pursuant to this section, or with respect to any specific property within such an historic district. Notice of the public hearing on any such local law shall be given by the Town Board in the same manner as is required for the designation of an historic landmark, special historic landmark or an historic district, pursuant to Subsection C hereof.

Any guidelines adopted (or amendments thereto) shall also be reprinted and published in an Appendix to the Town Code.

§ 255-7-30 Activities requiring Architectural Review Board approval.

[Amended 11-15-1996 by L.L. No. 19-1996; 10-19-1999 by L.L. No. 26-1999]

The following activities or improvements shall require the prior approval of the Architectural Review Board, as set forth herein:

Site plan review: all buildings and structures, including associated signs, which require site plan approval pursuant to Article VI of this chapter, except the following:

Coastal structures, as defined herein.

Parking lots, roads and driveways.

Tennis courts.

Swimming pools, pool patios and pool decks, provided that these structures are built at or substantially at natural grade.

Clearing and grading of land unconnected to any other activity or use requiring site plan review.

Signs: all signs for which a building permit is required under this chapter. Where the permit sought involves a sign and is unconnected with any other activity needing site plan review, the Architectural Review Board shall have exclusive jurisdiction to review and approve the proposed sign, and site plan review by the Planning Board shall not be required.

Agricultural Overlay District: all buildings and structures on property located wholly or partly within the district, or on property adjacent to the district as provided in § 255-3-35C of this chapter, except the following:

Coastal structures; parking lots, roads and driveways; tennis courts; and swimming pools, pool patios and pool decks, provided that these structures are built at or substantially at natural grade.

Agricultural buildings or structures which do not require site plan approval pursuant to Article VI of this chapter.

Historic landmarks and historic district.

Unless specifically exempted in any guidelines or regulations adopted by the Town Board pursuant to § 255-7-25D hereof, any reconstruction, demolition, moving, removal or exterior alteration of a building or structure which is designated as an historic landmark or located on a site designated as an historic landmark or located within an historic district, and the erection, construction or placement of any building or structure on a site designated as an historic landmark or located within an historic district. This provision shall be deemed to include those structures which would otherwise be exempted from architectural and design review pursuant to Subsections A and C above. For the purposes of this subsection, an "exterior alteration" to a building or structure shall include a material change in the exterior elements of such building or structure, such as a change in the location or appearance of steps, doors, windows, shutters, siding, roofing, lighting fixtures and trim, whether or not a building permit is required for the change, and shall include such exterior changes as are described in Subsection E below. An "exterior alteration" as described herein shall not include repainting or restaining with no change in color.

[Amended 6-2-2000 by L.L. No. 6-2000; 2-2-2007 by L.L. No. 7-2007]

Notwithstanding the foregoing, any installation of solar panels upon a residential historic structure or upon a dwelling located in historic district shall not require review and approval for any installation of solar panels that meets the criteria for expedited review as set forth in Chapter 102, Building Construction, Article III, Solar Installations, provided such installation is proposed to be installed elsewhere than on the roof of a facade of the structure visible from any public street or right-of-way.

[Added 1-19-2012 by L.L. No. 1-2012]

Exteriors:

Any change in the exterior color, pattern, material or design of a building or structure described in Subsections A through D of this section, whether or not the building or structure is designated as an historic landmark or is located on a site designated as an historic landmark or is located within an historic district, and whether or not a building permit is required for such change. Painting or staining a structure so as to change its exterior color, or placing siding on a structure which differs in design, style, color or appearance from its preexisting siding, shall be deemed to be exterior changes that are regulated by this subsection. For a building or structure which is regulated under this subsection solely because it is an historic landmark or is located on a property designated as an historic landmark or is within an historic district, Architectural Review Board approval of an exterior change described herein shall not be necessary if the change is exempt from review under any guidelines or regulations adopted by the Town Board pursuant to § 255-7-25D.

[Amended 6-2-2000 by L.L. No. 6-2000; 2-2-2007 by L.L. No. 7-2007]

[Added 1-19-2012 by L.L. No. 1-2012]

Fences, gates, pillars and walls. Any fence, gate, pillar or wall that requires a building permit pursuant to § 255-11-38 shall also require ARB approval prior to erection.

[Added 6-14-2001 by L.L. No. 11-2001[1]; 12-17-2020 by L.L. No. 10-2020]

[1]

Editor's Note: This local law also redesignated former Subsection F as Subsection G.

Other: any other building or structure in any district as to which a provision of this chapter gives the Architectural Review Board jurisdiction or authority.

Personal wireless service facilities. The Planning Board shall submit Tier Two applications for site plans for personal wireless service facilities to the Architectural Review Board.

[Added 11-1-2002 by L.L. No. 34-2002]

The scope of the review by Architectural Review Board shall be for design features only.

Standards of review shall be limited to those in § 255-5-50 of this chapter.

The Architectural Review Board shall submit its recommendation to the Planning Board.

§ 255-7-40 Application and submission requirements.

[Amended 10-19-1999 by L.L. No. 26-1999]

Activities requiring building permits. In addition to the requirement of § 255-6-72B of this chapter that copies of building permit applications subject to site plan review be forwarded by the Building Inspector to the Architectural Review Board for review and approval, the Building Inspector shall also forward to the Architectural Review Board one complete copy of every building permit application for buildings, structures, activities or uses set forth in Subsections B through F of § 255-7-30 hereof, together with two sets of all plans, drawings, renderings and specifications which have been submitted to him therewith. No building permit shall be issued for any such project until and unless architectural and design approval shall first have been granted by the Architectural Review Board pursuant to this article.

Activities not requiring building permits. A person intending to carry out any exterior alteration or other change to the exterior of a building or structure as described in Subsection D or Subsection E of § 255-7-30, for which exterior alteration or other change a building permit is not required, shall make direct application to the Architectural Review Board for approval of the alteration or other change. Such application shall be made on the form prescribed for same by the Review Board. Two sets of working drawings, if any, shall accompany the application, as well as samples of colors and materials involved, if appropriate. Upon receipt, the Review Board shall process and act upon the application as if the same were a building permit application referred to the Review Board by the Building Inspector under this section. No person shall undertake or carry out any such exterior change unless the approval of the Architectural Review Board pursuant to this article shall have been first obtained therefor.

Additional submissions. In addition to the submission requirements of Subsections A and B above, the Architectural Review Board may require that an applicant before said Board submit any additional materials which the Review Board may reasonably require in order to visualize the proposed work and properly consider the application. Such submissions may include, but shall not be limited to:

Two copies of a survey or site plan of the property, if not included in the materials forwarded by the Building Inspector or received with the application to the Board.

Two sets of drawings, including elevations, floor plans, sections and details, if not included in the materials forwarded by the Building Inspector or received with the application to the Board.

Two sets of specifications for the proposed work, if not included in the materials forwarded by the Building Inspector or received with the application to the Board.

Samples of colors and materials to be used in the project.

Photographs of the property involved in the application, showing its relationship to adjacent properties.

§ 255-7-50 Procedure.

[Amended 10-19-1999 by L.L. No. 26-1999]

Upon receipt of a building permit application referred by the Building Inspector or receipt of an application made directly to the Board for approval of a proposed exterior alteration or other exterior change, as well as receipt of any additional materials required by the Board, the Architectural Review Board shall follow the procedures set forth in Article IX hereof regarding the processing of applications.

§ 255-7-60 Standards and criteria.

[Amended 10-18-1996 by L.L. No. 17-1996; 10-19-1999 by L.L. No. 26-1999]

General standards. The following standards and criteria shall govern architectural and design review under this article, subject to the more specific standards pertaining to historic landmarks and historic districts which are set forth in Subsection B hereof:

Maintenance of character. In accordance with the purposes set forth in § 255-7-10 above, the Architectural Review Board is charged with maintaining the desirable character of the Town and with disapproving the construction, reconstruction, alteration or repositioning of buildings or structures which are designed without consideration of the harmonious relation of the new or altered structure to such structures as already exist and/or to the setting and physical environment into which such structures are to be placed, ensuring compliance with existing applicable scenic, agricultural and conservation easements or purchase of developments rights agreements in, upon or adjacent to the premises, as to which the Town, a conservation organization or a homeowners' association is a grantee or a party, and ensuring that any instruments filed upon adjoining properties are not unduly impaired by the proposed improvements. To accomplish the purposes set forth in § 255-7-10, the Board shall encourage traditional architectural treatments such as gabled roofs and the use of cedar shingles or other natural wood siding. However, the Board shall not be precluded from taking into account the use district in which a new or altered structure is proposed to be placed and the relative visibility of the structure to the general public, and may draw distinctions in its review or approval of structures based on material differences in the locations of such structures.

[Amended 6-20-2019 by L.L. No. 28-2019]

Assurance of harmony. The Review Board is further charged with exercising sound judgment and with rejection of plans which, in its opinion, based on study and advice, are not of harmonious character because of proposed style, scale, materials, mass, line, color, detail or placement upon the property of proposed buildings or structures or in relation to the spaces between buildings or the natural character of the landscape or because of lack of provision for balance between the proposed location and design of structures and adjacent open areas or adjacent existing structures, whether on or off the lot or site in question.

Nature of review. The Review Board shall not design or assist in the design of any buildings, structures or projects submitted to it for approval except on request of the applicant or his architect or agent. The Board shall restrict its considerations to a reasonable and professional review of the proposal and plans, leaving responsibility for design and development to the applicant.

Flexibility. Individual initiative and experimentation are not to be discouraged unless necessary to carry out the duties of the Board hereunder. Though the preferred and historic type of construction is wood frame and exterior, the Review Board is not to use design review intentionally or inadvertently to prohibit or unduly restrict alternative building types, materials or methods, in cases where these alternatives can also fulfill the purposes of this article.

Standardized designs. The Review Board shall not be constrained by the preferences of a particular applicant (such as a large corporation or a chain store) for a distinguishing motif, style or design which the applicant uses generally for other structures within the Town or elsewhere. The Board shall not approve such a standardized project or design unless the Board can and does find that such approval will satisfy the standards and criteria set forth in this section.

(6)

Basis for disapproval. Only the applicant's failure to take reasonable account of the considerations set forth in § 255-7-10 and in this section shall justify the disapproval of a proposal. This standard shall not apply to applications concerning historic landmarks and districts; all such applications will be governed by the standards set forth in Subsection B, General standards for historic landmarks and historic districts.

[Amended 12-18-2009 by L.L. No. 29-2009]

(7)

Other considerations. In its endeavor to improve the quality of a design, the Review Board shall keep considerations of cost in mind, but shall not authorize a design violative of this article on the basis of cost. The Board shall not for any reason approve any plan or design in violation of any requirement of the Town Code. To this end, the Review Board shall consult with the Building Inspector and the Fire Prevention Inspector whenever necessary and shall urge applicants to do so at the earliest possible stage as well.

General standards for historic landmarks and historic districts. In addition to the standards set forth in Subsection A above, when considering applications for an historic landmark or for property within an historic district the Architectural Review Board shall be governed by the standards and criteria set forth in this subsection.

Preservation of historic character. The historic character of landmarks and properties within historic districts shall be retained and preserved. To that end, the removal or alteration of those historic materials and features which characterize such properties shall be avoided.

Compatibility of alterations. Any additions or exterior alterations made to buildings or structures on property designated as a landmark or located within an historic district shall be compatible with the historic character of the landmark or historic district.

Compatibility of new construction. Any buildings or structures which are erected, constructed or placed on property designated as a landmark or located within an historic district shall be compatible with the historic character of the landmark or historic district.

In applying the principle of compatibility as set forth in this subsection, the Architectural Review Board shall consider the following factors:

The general design, character and appropriateness to the property of the proposed alteration, addition or new construction.

The scale of the proposed alteration, addition or new construction in relation to the property itself, surrounding properties and the historic district, if any.

(c)

The texture, color and type of materials used and their relation to similar features of other structures which are part of the landmark or are within the historic district.

(d)

The visual compatibility of the proposed alteration, addition or new construction with the landmark or with other properties within the historic district, including proportion of the affected property's front facade, proportion and arrangement of windows and other openings within the facade, massing, height, roof shape, use of architectural details and the rhythm of spacing between structures along a street, including setbacks from the street.

(e)

The importance of historic, architectural or other features to the significance of the property.

Specific standards for individual historic landmarks and historic districts. The Town Board may, by local law pursuant to § 255-7-25D hereof, adopt and from time to time amend a set of review guidelines for each historic landmark or historic district designated by said Board, which guidelines shall be used by the Architectural Review Board to apply the general criteria set forth in Subsection B above to the specific historic and architectural characteristics of each landmark or district.

[Amended 6-2-2000 by L.L. No. 6-2000]

Specific standards for special historic landmarks: In addition to the general standards of § 255-7-60B, in reviewing an application for expansion of a special historic landmark house or for construction of an accessory dwelling unit on a property, the Architectural Review Board shall consider:

[Added 12-7-2017 by L.L. No. 44-2017]

The extent to which the proposal achieves the goal of maintaining or enhancing the integrity of the special historic landmark house and its setting, particularly its setting when viewed from the street.