[HISTORY: Adopted by the Board of Trustees of the Village of Williston
Park 3-21-1988 by L.L. No. 2-1988. Amendments noted where applicable.]
The Board of Trustees hereby declares that the purpose of this chapter
is to accomplish the conservation, protection and preservation of such places,
sites, structures, buildings and roadscapes which are authorized by and are
in accordance with Article 5, § 96-a of the General Municipal Law
of the State of New York. In addition, the purpose of this chapter 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 Williston Park, the Town of
North Hempstead, the County of Nassau, the State of New York or the United
States of America are preserved.
There is hereby created a Board of Landmarks 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 or her 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 the power from time to time to adopt, amend and repeal
rules and regulations, not inconsistent with law or the provisions of this
chapter, governing its procedure and the transaction of its business and for
the purpose of carrying into effect the standards outlined in this chapter.
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 chapter, 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:
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 chapter 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 designation.
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 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.
(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 the 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.
(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:
A.
That the building, place, gate, trellis or ornamentation
has special historical significance to the Village of Williston Park, Town
of North Hempstead, 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 to be reconstructed, modified or altered on its exterior in any
way without the prior approval of the Board.
Each violation of this chapter 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
Civil Practice Law and Rules Article 78, and such proceedings shall be instituted
within 30 days of the filing of the resolution granting or denying relief.
