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").
As used in this article, the following terms
shall have the meanings indicated:
ALTERATION
A.
Includes:
(1)
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
(2)
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.
B.
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.
BUILDING
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.
EXTERIOR ARCHITECTURAL FEATURES
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.
LANDMARK
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.
STYLES OF ARCHITECTURE
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:
A.
The National Register of Historic Places.
B.
Historic American Buildings Survey.
C.
Historic American Engineering Record, United
States Department of the Interior, National Park Service.
D.
Division For Historic Preservation, New York
State Office of Parks and Recreation.
E.
National Trust For Historic Preservation.
F.
Society of Architectural Historians.
G.
Society For Preservation of Long Island Antiquities.
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.