[Added 11-15-1982 by L.L. No. 7-1982]
The Board of Trustees of the Village of Old
Westbury ("Village") hereby finds that there exist in the Village
places, sites, structures and buildings of special historic significance
or places which by reason of architectural construction and design
are of particular significance to the heritage, history and/or roadscape
of the Village and that the conservation, protection and preservation
of such places, sites, structures, buildings and roadscapes is in
harmony with and will promote the public health, safety and general
welfare. In order to preserve, stabilize and improve the Village's
beauty, character and quality, the Board enacts this article.
The Board of Trustees hereby declares that the
purpose of this article is to accomplish the conservation, protection
and preservation of such places, sites, structures, buildings and
roadscapes which is authorized by and is in accordance with Article
5, § 96-a, of the General Municipal Law of the State of
New York. In addition, the purpose of this article is to promote and
protect the health, safety and general welfare of the community by
providing a procedure to ensure that places, sites, structures and
buildings of special historic or architectural significance, which
are of particular importance to the history and heritage of the Village
of Old Westbury, the Towns of North Hempstead and Oyster Bay, the
County of Nassau, the State of New York or the United States of America,
are preserved.
There is hereby created a Board of Historic
Preservation, which shall consist of the Mayor and Board of Trustees
of the Village (the "Board").
A.
Meetings of the Board shall be held at the call of
the Mayor and at such other times as the Board by majority vote may
determine. The Mayor or, in his absence, the Deputy Mayor may administer
oaths and compel the attendance of witnesses. A majority of the Board,
including the Mayor, shall constitute a quorum for the transaction
of business. The Board shall keep minutes of its proceedings, showing
the vote of each member upon each question or, if absent or failing
to vote, indicating such fact and shall also keep records of its examinations
and other official actions. 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 article, governing its procedure
and the transaction of its business and for the purpose of carrying
into effect the standards outlined in this article. Such rules, regulations
and amendments thereto shall be filed in the Village Clerk's office.
B.
The Board shall have the power to retain consultants
including, but not limited to, technical experts, engineers, architects
and historians to advise in the preparation of any plans or projects
or to render assistance and advice in connection with any project
to fulfill the duties of the Board. Any contract to retain such consultants
which involves the expenditure of Village funds shall be subject to
the approval of the Board of Trustees.
As used in this article, the following terms
shall have the meanings indicated:
Includes:
The refacing or resurfacing of the exterior
facade of a structure or building in any manner which would substantially
and significantly affect its exterior appearance; and
An act or process which substantially and significantly
changes one or more of the exterior architectural features of a building
or structure designated as a landmark or any structure or building
located in the Village which possesses historic value or aesthetic
interest by reason of its antiquity or uniqueness of design or as
part of the development, heritage or cultural characteristics of the
Village, town, county, state or nation.
The term "alteration" shall include "additions,"
such as the attachment of gates, fences, bars or other such devices
to the windows or exterior facade of a structure or building, and
any other modification of the facade.
A structure wholly or partially enclosed within exterior
walls or within exterior or party walls and a roof, affording shelter
to persons, animals or property.
The architectural style, design, general arrangement and
components of all of the outer surfaces of any building or structure
including, but not limited to, the kind and texture of the building
material and the type and style of all windows, doors, lights and
other fixtures appurtenant to said building or structure.
Any building, place, gate, trellis, ornamentation or structure
of historic value or aesthetic interest by reason of its antiquity
or uniqueness of architectural design or as part of the development,
heritage or cultural characteristics of the Village, town, county,
state or nation.
A style recognized by one of the following organizations
or by any other organization generally recognized as expert in historical
preservation of buildings, sites and landmarks:
The National Register of Historic Places.
Historic American Buildings Survey.
Historic American Engineering Record, United
States Department of the Interior, National Park Service.
Division For Historic Preservation, New York
State Office of Parks and Recreation.
National Trust For Historic Preservation.
Society of Architectural Historians.
Society For Preservation of Long Island Antiquities.
A.
It is the intention of this article that the designation
of buildings and structures as historic shall be accomplished by designation
of the Board as set forth herein. The following procedures are enacted
to facilitate such designations.
B.
Designation of landmarks.
(1)
All applications for subdivision or partition
of property or the demolition or alteration of any building or structure
shall be referred to the Commissioner of Public Works or his designee,
who shall determine whether such application should be referred to
the Board for a determination whether any landmark is located thereon.
The Board, on its own motion, may make a determination whether a building,
gate, trellis, place or ornamentation is a landmark.
[Amended 9-17-2007 by L.L. No. 4-2007]
(2)
Procedure. In the event that the Board decides
to possibly classify a landmark:
(a)
A preliminary, informal conference shall be
scheduled with the owner of the potential landmark, which may result
in the Board issuing a decision designating it as a landmark.
(b)
Thereafter, notice that such possible designation
as a landmark is being entertained and that a public hearing will
be held thereon shall be given by the Board to the owner of property
on which the possible landmark or landmark site is situated. Such
notice shall contain the date of public hearing of such application
and shall be mailed to the owner by registered mail, not less than
30 days prior to such hearing. If the owner cannot be notified by
registered mail, then notice of the public hearing on the potential
designation shall be published in the official Village newspaper and
in one additional newspaper of general circulation in the Village
for 60 days.
[Amended 3-21-1983 by L.L. No. 7-1983]
(c)
The Board shall hold a public hearing on the
application.
(d)
The Board shall issue, in writing, its determination
granting or not granting the landmark designation, and said decision
and the record therein shall thereupon be filed in the office of the
Village Clerk. Copies of said decision shall be forwarded to the property
owner of the subject premises.
(e)
A landmark may be added to or deleted from the
list of landmarks by resolution of the Board.
In making its determination whether to designate
a landmark or landmark site, the Board shall consider the following
in making its determinations:
A.
That the building, place, gate, trellis or ornamentation
has special historical significance to the Village of Old Westbury,
Town of North Hempstead or Oyster Bay, County of Nassau, State of
New York or to the United States of America by reason of famous events
or the antiquity or uniqueness of architectural construction or design
or its effect on the heritage and roadscape of the Village.
B.
That designation of the landmark as a historical landmark
site will promote the public health, safety and/or general welfare.
C.
That Village property values, heritage, character
and quality will be preserved and/or enhanced.
No person, firm, corporation or entity owning,
controlling or occupying any landmark or landmark site shall permit
it to be demolished or fall into disrepair or reconstructed, modified
or altered on its exterior in any way without the prior approval of
the Board.
Each violation of this article shall be punishable
by a fine of not more than $25,000. In addition to such fine, the
violator shall pay all costs and expenses incurred by the Village
in proving such violation.
A review of the determination of the Board shall
be in accordance with CPLR Article 78, and such proceeding shall be
instituted within 30 days of the filing of the resolution granting
or denying relief.
