[Added 1-12-1991 by L.L. No. 3-1991]
In order to preserve the open and unspoiled
views of the scenic land and water resources of the Village, the following
restrictions shall apply:
A.
No structures other than docks, erosion protection
structures and beach access stairways and walkways shall be located
within 100 feet of the mean high-water line of Stony Brook Harbor,
or within 100 feet of Stony Brook Mill Pond or Stony Brook Mill Creek,
or within 100 feet of the landward edge of a bluff overlooking said
bodies of water, or within 100 feet of the boundary of any marshland,
pond, stream or other water body, including but not limited to any
identified on the New York State Freshwater or Tidal Wetlands Maps
prepared for or by the State of New York and filed by the Department
of Environmental Conservation pursuant to Article 24 and Article 25
of the State of New York Environmental Conservation Law, as such maps
shall from time to time be amended.
[Amended 12-19-2001 by L.L. No. 4-2001]
B.
Structures shall be located on their sites in a manner
which retains views and overlooks, preserves open space and provides
visual organization to a site. The overall site topography and vegetative
density and character shall be retained and maintained to the maximum
extent after site development.
C.
Structures such as roads, power lines and signs shall
be sited upland of shorelines or in other inconspicuous locations
to maintain the attractive quality of the shoreline and to retain
views to and from the shore.
The following standards shall apply generally
to development within the Village:
A.
No trees or other vegetation shall be removed from
any public place by the Village unless the Board of Architectural
Review has determined that the visual values of the area will not
be adversely affected or that suitable mitigation measures will be
provided. Trees removed for reasons of public safety shall be replaced
wherever possible with a similar type of vegetation.
B.
If open land without roadside trees is developed,
the developer shall plant trees of at least two inches in trunk diameter
and of a type similar to trees in the immediate vicinity along the
road within 10 feet of the right-of-way, in order that the rural character
of the Village and its road canopy shall be maintained in the future.
C.
The mass, shape, color, reflective qualities and texture
of materials to be used in a structure shall be a harmonious complement
to adjacent properties and the overall site topography and vegetative
composition, as viewed from roads, water or the opposite shore.
D.
Historic structures and landmarks shall be retained,
if practicable, as an important component of the visual environment.
E.
Construction in or adjacent to any historic district
shall not present an intrusive or disharmonious element in the historic
district.
A.
The following standards relate specifically to the
alteration, demolition, removal or relocation of structures within
the National Register Historic Districts of the Village and to structures
of local historical significance as identified in the Inventory of
the Local Waterfront Revitalization Program:
(1)
The distinguishing original qualities or character
of a building, structure or site and its environment shall not be
destroyed. The removal or alteration of any historic material or distinctive
architectural feature shall be avoided when possible.
(2)
Distinctive stylistic features or examples of skilled
craftsmanship that characterize a building, structure or site shall
be treated with sensitivity.
(3)
Deteriorated architectural features shall be repaired,
whenever possible, rather than replaced. In the event that replacement
is necessary, the new material should match the material being replaced
in composition, design, color, texture and other visual qualities.
Repair or replacement of missing architectural features should be
based on accurate duplication of features, substantiated by historic,
physical or pictorial evidence, rather than on conjectural designs
or the availability of different architectural elements from other
buildings or structures.
(4)
The surface cleaning of structures shall be undertaken
with the gentlest means possible. Sandblasting and other cleaning
methods which will damage the historic building materials shall not
be undertaken.
(5)
Every reasonable effort shall be made to protect and
preserve archaeological resources affected by, or adjacent to, any
project.
B.
These standards shall not be construed to prevent
the construction, reconstruction, alteration or demolition of any
building, structure, earthwork or component thereof of a recognized
historic, cultural or archaeological resource which has been officially
certified as being imminently dangerous to life or public health.
Nor shall these standards be construed to prevent the ordinary maintenance
or repair or proper restoration, according to the United States Department
of the Interior's Standards for Rehabilitation and Guidelines for
Rehabilitating Historic Buildings, of any building, structure, site
or earthwork, or component thereof, of a recognized historic, cultural
or archaeological resource which does not involve a significant adverse
change to the resource.
