[HISTORY: Adopted by the Board of Trustees of the Village
of Hewlett Bay Park 11-15-1993 by L.L. No. 2-1993. Amendments noted where
applicable.]
A.
Findings and purpose.
(1)
The Board of Trustees hereby finds that a lack of coordination in
building design and appearance, and excessive similarity, dissimilarity,
inappropriateness or poor quality of design in the exterior appearance
of buildings and structures, adversely affects the values of property
in the village and affects the use of property in the village for
the purposes for which such property is intended. Such adverse effects
include, without limitation, the impairment of benefits of ownership
and occupancy of properties, and the stability and value of both improved
and unimproved properties, prevents the most appropriate development
of properties, produces degeneration of property with attendant conditions
affecting the health, safety and general welfare of the community,
and destroys a proper relationship between taxable value of real property
and the cost of municipal services afforded to such properties.
(2)
It is the purpose of this chapter to prevent said harmful effects
and thus to promote the health, safety and general welfare of the
community and to preserve and protect the value of properties therein.
B.
There is hereby created a Design Review Board (referred to hereinafter
in this chapter as "Board") which shall consist of five residents
of the village appointed by the Mayor, with the approval of the Board
of Trustees. The Mayor shall designate which member of the Design
Review Board shall be the Chair of the Board and which member shall
be the Vice Chair of the Board, each subject to the approval of the
Board of Trustees, and the persons so designated shall serve in such
capacity for the duration of their then current term as a member of
the Board. The terms of members of the Board shall be three years.
Vacancies occurring for whatever reason, other than expiration of
term, shall be filled by appointment for the balance of the unexpired
term.
[Amended 8-21-1995 by L.L. No. 6-1995[1]]
[1]
Editor's Note: Section 2 of this local law provided as
follows: "With the approval of the Board of Trustees, the Mayor shall
designate which of the current members of the Design Review shall
have terms of three years, two years or one year, in order that the
terms of all members may be adjusted to conform to the provisions
of this law."
C.
All members of the Board shall be persons deemed specially qualified
by reason of training, experience or civic interest and by reason
of sound judgment to judge the effects of a proposed building or exterior
alteration on the nature and character of the community and of the
immediate neighborhood, as provided in this chapter.
B.
A majority of the Board shall constitute a quorum for the transaction
of business.
C.
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 maintain records of its examinations
and other official actions. Such records shall be kept in the Village
Office.
D.
The Board may from time to time adopt and amend rules of procedure
not inconsistent with law or the provisions of this chapter.
E.
Upon the filing of a completed application with the Design Review
Board, and upon payment of the required fee and deposit, if any, the
Board shall fix a time and place for a public hearing, and notice
of such hearing shall be provided as follows:
[Amended 12-5-2017 by L.L. No.
2-2017]
(1)
The Design Review Board shall publish or cause to be published a
notice of the public hearing in the official Village newspaper at
least five days prior to the date of the public hearing.
(2)
The applicant shall prepare a map (in form required by the Village)
showing the names of the owners of all parcels of property located
within a radius of 300 feet of the subject property, measured from
all points of the property lines of the subject premises. At least
10 days but not more than 20 days prior to the scheduled date of the
hearing, the applicant shall send a copy of the notice of public hearing
(on the form provided by the Village) to all such owners in a manner
authorized by the Board of Trustees by resolution, from time to time.
(a)
The names of said owners shall be taken as they appear on the
last completed tax roll of the Village, except that the addresses
must be those of the actual places of residence of the addressees.
(b)
The applicant shall file or cause to be filed a radius map and
an affidavit of mailing (on the form provided by the Village), having
attached thereto a true and complete copy of the notice of public
hearing, with the Village Clerk not less than three days prior to
the scheduled date of the public hearing, together with any return
receipt cards or returned or undeliverable envelopes. Failure to deliver
the radius map, the affidavit of mailing, and the return receipt cards
or returned or undeliverable envelopes, if the manner of service requires
return receipt cards, to the Village in accordance with this section
may result in the application being stricken from the calendar.
F.
The Village Clerk shall post notice of all meetings of the Board
in at least two conspicuous locations in the village, including a
public bulletin board maintained at the Village Hall.
A.
As soon as practicable, and in any event within three business days
after receipt by the Building Inspector of an application for a permit
involving the exterior appearance of a new or existing building or
structure or of a group of such buildings or structures, the Building
Inspector shall refer said application to the Village Clerk, who shall
promptly transmit the same to the Chair of the Board or, in the absence
of the Chair, to the Secretary of the Board. The Chair or Secretary
shall review the application and determine within a reasonable period
of time whether further review by the Board is required or appropriate.
B.
Such further review shall be required by the Chair or Secretary if
the application is for construction of any new building or structure,
or for an addition to or reconstruction or alteration of any existing
building or structure in such manner as to change substantially the
exterior character or appearance of the building or structure. Such
further review may be required by the Chair or Secretary in all other
instances. Any determination by the Chair or Secretary not to conduct
further review shall be communicated to the members of the Board of
Trustees, including the Mayor, any one of whom may, within 10 days
after such communication, overrule such determination and require
further review.
C.
Where further review by the Board is to be conducted, such review
shall be in accordance with the standards set forth in this chapter.
Upon completion of such review, the Board may recommend approval or
disapproval of any matter referred to it by a concurring vote of a
majority of the entire Board.
D.
Direct application for review.
(1)
In addition to permit application referred to the Board pursuant to Subsection A of this section, the Board may also consider direct applications for review submitted by any applicant in advance of any application for building permit, provided that any such application shall include elevation plans of a proposed structure or proposed alteration to an existing structure. The Board may require such application to include additional material, in the discretion of the Board, where the Board determines that such additional material would aid in the Board's review.
(2)
In the case of any such direct application for review, the determination
of the Board to recommend approval of the proposed plans shall be
null and void if the building permit plans submitted to the village
contain material variations from the application submitted to the
Board. Where the Board has recommended approval of such a direct application
for review and, in the opinion of the Building Inspector, the building
permit plans submitted to the village do not contain material variations
from the application submitted to the Board, the Building Inspector
shall refer the application to the Board of Trustees, together with
the favorable recommendation of the Board.
(3)
Where the Board finds that it would be inappropriate or inadvisable
to review a direct application prior to submission of building plans,
the Board may require the applicant to withdraw the application for
direct review and proceed to submission of building plans in accordance
with the provisions of this chapter.
Applications must be accompanied by plans showing elevations
of all proposed new buildings and structures and all affected elevations
in the case of additions or alterations to existing buildings and
structures. Where the applicant proposes new construction or where
the plans can reasonably be expected to result in new or additional
landscaping on the property or where the Board, in its discretion,
so requires, the application shall include plans for all new or additional
landscaping. When required by the Building Inspector, the Chair of
the Board or a majority of the Board, a site plan shall also be submitted,
showing:
A.
In considering an application for a permit, the Board shall take
into account the natural features of the site and surrounding areas,
the exterior design and appearance of existing structures, the character
of the site and area, the fact that the overall character of the homes
in the Village of Hewlett Bay Park is traditional and the peculiar
suitability of the site or area for particular purposes, all with
a view toward protecting and conserving the values of property, encouraging
the most appropriate and consistent uses of land in the Village of
Hewlett Bay Park and maintaining the traditional nature of the village.
B.
The Board may recommend approval of an application upon finding that
the building or structure for which the permit is requested, if erected
or altered in accordance with the submitted plan, would:
(2)
Not be visually offensive or inappropriate by reason of poor quality
of exterior design or appearance, monotonous similarity or visual
or architectural discord in relation to the site or surrounding properties
in the immediate vicinity;
(3)
Not mar or adversely affect the appearance of the area;
(4)
Not impair the use, enjoyment and desirability or reduce the values
of properties in the area;
(5)
Not be detrimental to the character of the neighborhood;
(6)
Not prevent the most appropriate development and utilization of the
site or of adjacent lands; and
(7)
Not adversely affect the economic stability, prosperity, health,
safety and general welfare of the area and the entire community of
Hewlett Bay Park.
C.
In recommending approval of an application, the Board may impose
appropriate conditions and safeguards designed to prevent or minimize
harmful effects of the proposed construction or alteration.
D.
The Board may recommend disapproval of any application for a permit, provided that the Board has first afforded the applicant an opportunity to meet with the Board and discuss suggestions for changes in the application, and further provided that the Board finds and states that the structure for which the permit is requested would, if erected or altered as proposed, provoke one or more of the harmful effects enumerated in Subsection B of this section.
E.
Any recommendation of the Board pursuant to this chapter shall be
made only by affirmative vote of at least two members of the Board.
If, within 45 business days after the date on which an application
has been duly referred to the Board, or such longer period as may
be consented to by the applicant, the Board has not acted on the application,
the Building Inspector shall refer the application to the Board of
Trustees, who shall consider the same at the next regular meeting
of the Board of Trustees held more than 15 business days after such
referral to the Board of Trustees.
[Amended 7-18-1994 by L.L. No. 3-1994]
All recommendations or other actions by the Board shall be reviewed
by the Building Commissioner, who shall consult with the Trustee designated
by the Mayor as liaison to the Building Department and, within five
business days, determine whether to affirm such recommendations or
actions or to recommend that such recommendations or actions should
be modified or reversed. If the Building Commissioner determines to
recommend that such recommendations or actions be modified or reversed,
the Building Commissioner shall promptly refer the same to the Board
of Trustees. The Board of Trustees shall consider the same within
a reasonable period of time and determine whether to affirm, reverse
or modify such recommendations or actions.
[Amended 7-18-1994 by L.L. No. 3-1994]
The Building Inspector shall not issue any permit unless the application has been approved by the Building Commissioner or the Board of Trustees, as provided in § 66-7 of this Code. In the event that the Board of Trustees approves an application on conditions, the Building Inspector shall not issue any permit until all changes in the plans have been made to conform to such conditions and unless all such conditions have been met or complied with.
[Amended 7-18-1994 by L.L. No. 3-1994]
A.
Any person aggrieved by the action of the Building Commissioner in
approving a permit application may appeal the same to the Board of
Trustees. Such appeal shall be taken by written notice, filed with
the Village Clerk no later than 15 days after the action sought to
be appealed.
B.
Any person aggrieved by the action of the Board of Trustees in approving
or disapproving a permit application, or in approving an application
on conditions, or in ruling on an appeal from an action of the Building
Commissioner as provided in this section, or by an action of the Building
Inspector in denying a permit because of disapproval by the Board
of Trustees may, within 30 days after such action, institute a proceeding
to review the same in the manner provided in Article 78 of the Civil
Practice Law and Rules.
C.
No appeal shall lie to the Board of Appeals from any determination
of the Building Inspector made pursuant to this chapter.
In addition to any other fees provided or required by law, the
applicant shall pay to the Village Clerk a fee established by resolution
of the Board of Trustees for any application for a permit which requires
review by the Design Review Board. Such fee shall be paid before the
application is deemed to have been submitted.
