As used in this chapter, the following terms
shall have the meanings indicated:
ALTERATION
Any change, modification or addition to part of or all of
an exterior of any building or structure, excluding ordinary maintenance
and repairs.
BUILDING
A wholly or partially enclosed construction within exterior
walls, or within exterior and party walls, and a roof, that may afford
shelter to persons, animals, or property. See "structure."
BUILDING SCALE
The relationship between the mass of a building and its surroundings,
including the width of street, open space and mass of surrounding
buildings.
CERTIFICATE OF APPROPRIATENESS
A certificate issued by the Village of Cobleskill Historic
District Review Commission upon approval of the exterior architectural
features of any new building construction or alterations to an existing
building located within the Village's historic district.
DEMOLITION
Dismantling or tearing down of any or a part of any building
or structure and all operations, including grading, incidental thereto.
EXTERIOR ARCHITECTURAL FEATURES
The architectural style, architectural details and features,
general design and general arrangement of the exterior of a building,
including the kind and texture of building material and the type and
style of doors and windows, light fixtures, signs and other appurtenant
fixtures.
FACADE
Building face or wall or artificial outward appearance.
FENCE
An unroofed enclosing structure erected for the purpose of
preventing passage or view.
HEIGHT OF STRUCTURE
The vertical distance measured from the average finished
grade at all foundation corners of the building or structure to the
highest point of the building or structure, excluding the chimney.
LANDMARK
Any site, building, sign, or structure that has visual, historic,
or cultural significance.
NEW CONSTRUCTION
Any construction within an historic district which is independent
of an existing structure.
ORDINARY MAINTENANCE AND REPAIRS
Any work that does not require a building permit, whose purpose
is to correct any deterioration or decay of, or damage to a structure
or any part thereof and does not alter the exterior architectural
features of a building designated as a landmark or other building
within an historic district. Ordinary maintenance and repairs include
painting, patching or sealing of roofs, replacing broken glass in
or replacing of windows, replacing individual clapboards or floor
boards, individual slates or shingles with material of like design.
Ordinary maintenance and repairs does not include the cutting away
of any wall, partition or part there of, the removal or cutting of
any structural beam or bearing support or replacing entire sections
of walls or floors.
OVERLAY DISTRICT
A district imposed over existing zoning districts and containing
provisions that are applicable in addition to those otherwise contained
in a zoning law.
REHABILITATION
Any and all work connected with the returning of all or part
of a building or structure to a state of utility through repair or
reconstruction.
RECONSTRUCTION
The act or process of depicting, by means of new construction,
the form, features, and detailing of a nonsurviving site, building
or portion of a building, structure or portion of a structure, for
the purpose of replicating its appearance at a specific period of
time and in its historic location.
RESTORATION
Any and all work connected with the returning to or restoring
of all or part of a building or structure to its original condition
through the use of original or nearly original materials.
SIGN
Any object, device, display, or structure, or part thereof, situated indoors or outdoors, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination, or projected images. Excluded from this definition are signs that are solely devoted to prohibiting trespassing, hunting or fishing. Signs erected in the district must meet the requirements of Chapter
160, Zoning.
SPECIAL CHARACTER
Features as graphically defined in the inventory of buildings
and structures in the historic overlay district, illustrated design
guidelines as they may exist, and other materials as approved by the
Historic District Review Commission,
STREET
One of the following:
A.
An existing Village, county or state highway
or street.
B.
A street shown on an approved subdivision final
plan.
C.
A street shown on a map filed with the County
Clerk (in accordance with Village Law § 7-708) prior to
Planning Board authorization to review subdivisions.
D.
A street shown on the Official Map of the Village.
STRUCTURE
A.
Any combination of materials forming buildings,
landmarks and/or exterior elements which affect the appearance and/or
cohesiveness of the historic district, except where entirely underground
so as to permit the use of the ground above the same as if no building,
structure, or landmark were present; the term "structure" shall include
the term "building" as well as the following:
(3)
Walls, other than retaining walls projecting
above the ground not more than three feet at the higher ground level
and not more than 6 1/2 feet at the lower ground level.
(4)
Radio and television receiving and transmitting
towers and antennas, except for such antennas installed on the roof
of a building and extending not more than 20 feet above the highest
level of the roof of such building.
(5)
Porches, steps, outdoor bins and other similar
structures.
For the general purpose of this chapter and
specifically to preserve historic places in the Village and the regulation
of architectural design and uses of structures in the area, it is
hereby created a commission to be known as the "Village of Cobleskill
Historic Review Commission" (the "Commission").
A. The Commission shall consist of five members, all
having an interest in historic preservation and architectural development
in the Village of Cobleskill, to be appointed, to the extent practicable,
by the Village Board as follows:
(1) An architect experienced in working with historic
buildings or if such person is not available, one person with demonstrated
expertise in the building/construction trades or industry;
(2) An historian, and if such person is not available,
an individual who has demonstrated an interest in history;
(3) A resident of an historic district;
(4) An individual who has demonstrated significant interest
in the commitment to the field of historic preservation, evidenced
either by involvement in a local historic preservation group, employment
or volunteer activity in the field of historic preservation, or other
serious interest in the field.
B. Commission members shall serve for terms of five years.
Successors shall be appointed for terms that ensure commission membership
expires on a rotational basis.
[Amended 1-16-2007 by L.L. No. 1-2007]
C. The Chairman and Vice Chairman of the Commission shall
be elected by and from among the members of the Commission.
D. The powers of the Commission shall include:
(1) Recommending to the Village of Cobleskill Board of
Trustees the employment of staff and professional consultants as necessary
to carry out the duties of the Commission.
(2) Promulgating rules and regulations as necessary to
carry out the duties of the Commission.
(3) Adopting criteria for the identification of significant
historic, architectural, and cultural landmarks and for the delineation
of historic districts.
(4) Conducting surveys of significant historic, architectural,
and cultural landmarks and historic districts within the Village of
Cobleskill.
(5) Designating identified structures or resources as
landmarks and historic districts and recommendation of them to the
Board of Trustees for approval.
(6) Accepting, in the Commission's discretion, the donation
of facade easements and development rights and determining the acquisition
of facade easements or other interests in real property as necessary
to carry out the purposes of this chapter.
(7) Increasing public awareness of the value of historic,
cultural and architectural preservation by developing and participating
in public education programs.
(8) Determining the utilization of state, federal or private
funds to promote the preservation of landmarks and historic districts
within the Village of Cobleskill.
(9) Recommending the acquisition of a landmark structure
by the Village of Cobleskill Board of Trustees where its preservation
is essential to the purposes of this chapter and where private preservation
is not feasible.
(10) Approving or disapproving applications for a certificate
of appropriateness pursuant to this chapter.
(11) Seeking out funds to forward the purpose of this chapter
and determining how to expend those funds.
(12) Reviewing all proposed National Register nominations
for the purpose of providing local comment to the state or federal
review boards.
(13) Authorizing plaques to commemorate historic resources.
(14) Amending or rescinding designations.
E. The Commission shall meet at least monthly, but meetings
may be held any time on the written request of any two of the Commission
members or on the call of the Chairman or the Mayor.
F. A quorum for the transaction of business shall consist
of three of the Commission's members and not less than a majority
of the full authorized membership may grant or deny a certificate
of appropriateness.
G. If a vacancy occurs or for some other reason a new
appointment is necessary, appointment shall be made by the Village
of Cobleskill Board of Trustees for the unexpired term.
H. Each member of the Commission must comply with the training requirements set forth in Ch.
38.
I. Any member of the Commission shall be disqualified
to act upon a matter before said Commission with respect to a property
in which that member has an interest.
No person shall carry out any exterior alteration,
restoration, reconstruction, demolition, new construction, or moving
of a landmark or building within an historic district, nor shall any
person make any material change in the appearance of such landmark
or building, its light fixtures, signs, fences, steps, roofs, siding,
windows, sheds, above ground utility structure, or any/all other exterior
elements which affect the appearance of a landmark or a building or
structure within an historic district, without first obtaining a certificate
of appropriateness from the Commission.
An applicant who has been denied a certificate
of appropriateness for a proposed alteration may apply for relief
on the ground of hardship. In order to prove the existence of hardship,
the applicant shall establish that the building or landmark is incapable
of earning a reasonable return, regardless of whether that return
represents the most profitable return possible.
The Commission may exempt public structures,
works, utilities and buildings from compliance with this chapter where
the public safety is endangered or an emergency situation arises.
Retroactive approval for emergency work shall be sought within 30
days of completion of the work. All work shall strive to maintain
compatibility with the historic district.