Town of Oyster Bay, NY Article III Designation of Landmarks

§ 143-7 Procedure.

[Amended 9-23-1975]

A. Any person may request the designation of a landmark, landmark site or historic district by submitting to the Landmarks Preservation Commission an application for such designation on a form furnished by the Landmarks Preservation Commission. The Landmarks Preservation Commission, in addition, may, on its own motion, initiate proceedings for the designation of a landmark, landmark site or historic district. In reaching a decision the Landmarks Preservation Commission shall consider the special character, ambiance, historical significance, aesthetic value and uniqueness of architectural design of the proposed landmark, landmark site or historic district wherever applicable.

B. In the event the Landmarks Preservation Commission decides to entertain an application for designation, notice that such application is being entertained shall be given by the Commission, by certified mail, return receipt requested, to the owner or owners of the parcel on which the proposed landmark sites or historic district is situated. Notice shall also be given by certified mail, return receipt requested, to the owners of all property located within 300 feet of the exterior boundary lines of the subject parcel. Said owner or owners shall have the right to confer with the Landmarks Preservation Commission prior to final action by the said Commission on the application.

C. The Landmarks Preservation Commission shall either approve or disapprove an application within 30 days after the receipt of the application or initiation of the proceeding by the Preservation Commission. The approval may limit itself to the proposed historic district, landmark or landmark site as described in the application or may include modifications thereof. In the event that no decision is rendered by the Commission within the prescribed 30 days, the application shall be deemed disapproved.

D. If the Landmarks Preservation Commission disapproves an application, the proceedings with regard to the proposed historic district, landmark or landmark site shall terminate unless the Town Board calls a public hearing within 90 days of the date of the disapproval pursuant to Subsection E of this section. No application shall be renewed for a period of one year from the date of initial filing. An approved or disapproved application shall immediately be filed with the Town Board, and notice of such approval or disapproval shall be mailed by the Town Clerk to the owners and residents of the subject property by certified mail, return receipt requested. If the Landmarks Preservation Commission approves an application, the Town Board shall call a public hearing within 90 days of the date of the approval pursuant to Subsection E of this section.

E. A public hearing called by the Town Board to review an application either approved or disapproved by the Landmarks Preservation Commission shall be advertised in a newspaper of general circulation in the town at least 14 days prior to such hearing, and notice thereof shall be served by certified mail, return receipt requested, postmarked at least 14 days prior to the date of the public hearing, upon the owner or owners of the proposed landmark or landmark site or the owners of the properties within the proposed historic district as shown by the tax rolls of the town and to every property owner and resident within 300 feet of the exterior boundary lines of the subject place, site, structure or historic district. No place, structure or building shall be designated as a landmark or landmark site and no area shall be designated as a historic district except pursuant to a public hearing duly advertised as herein provided.

F. When the Town Board approves or denies an application, the Division of Building, the Landmarks Preservation Commission and the owner or owners of the subject property and the residents thereof shall be notified by the Town Clerk by certified mail, return receipt requested. If the Town Board approves an application, the Town Clerk shall also notify the Town Comptroller.

§ 143-8 Building permits.

A. Upon receipt of notice that the Landmarks Preservation Commission is considering a place, site, structure or building for designation as a landmark or landmark site or as part of an historic district, the Division of Building of the Department of Planning and Development shall not issue any permit for the demolition, alteration or improvement of said place, site, structure or building for a period of 120 days unless prior to the expiration of said period there is a final determination by the Town Board that said place, site, structure or building has not qualified as a landmark or landmark site or as part of an historic district. If within said period the Town Board designated the property in question as a landmark or landmark site or as part of an historic district, no building permit shall be issued except pursuant to § 143-11 of this chapter.

B. Upon notification that the Town Board has designated a landmark, a landmark site or historic district, the Division of Building shall immediately cause such property to be so designated on the Landmark and Historic District Map.