Town of Oyster Bay, NY
Nassau County
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Table of Contents
Table of Contents
[Amended 4-29-2003 by L.L. No. 3-2003]
A. 
No structure, site, place or building designated as a landmark or landmark site appearing on the Landmark and Historic District Map and the Official Zoning Map of the area in which the landmark or landmark site is located nor any place, site, structure, building or property located wholly or partly within the boundaries of the historic district shall be constructed, altered, repaired, subdivided, moved or demolished except in compliance with the requirements set forth in this article.
B. 
The Landmarks Preservation Commission shall review all plans for the moving, exterior construction, alteration or repair, subdivision, landscaping or demolition of places, sites, structures or buildings wholly or partly within the boundaries of the historic district.
(1) 
It shall be the duty of the Landmarks Preservation Commission to review such plans before a building permit for the proposed activity is granted by the Division of Building and before any subdivision plat is approved by the Nassau County Planning Commission.
(2) 
The Landmarks Preservation Commission shall only review plans relating to the exterior features of a structure or building as are visible from the public way and shall have no jurisdiction to consider interior walls, arrangements or structures.
(3) 
In reviewing plans and plats, the Landmarks Preservation Commission shall give consideration to:
(a) 
The historical and architectural value and significance of the building or structure and its relationship to the historic and architectural value of the site and surrounding area.
(b) 
The general appropriateness of proposed exterior design, colors, arrangement, texture and materials.
(c) 
Any other factors relating to aesthetic considerations which the Landmarks Preservation Commission deems pertinent to the benefit to the Town and to the historic significance of the structure or building and surrounding area.
(d) 
The potential visual impact of any proposed new building(s) or building lot(s) upon the historic site or structure.
C. 
Alterations, repairs and additions to buildings or structures located wholly or partly within the boundaries of the historic district or which are designated as landmarks shall be made consistent with the materials and styles of the particular architectural period of which said building or structure is characteristic.
D. 
New construction shall be consistent with the architectural styles of historic value in the historic district. However, the Landmarks Preservation Commission may approve the construction of buildings or structures which have a dissimilar architectural style to that of the historic district if said Commission deems it proper that the new construction will be in the best interests of the historic district.
E. 
Moving of buildings or structures designated as landmarks or located wholly or partly within the boundaries of the historical district may be allowed as an alternative to demolition.
F. 
Procedure for the review of plans and plats:
(1) 
Applications for subdivision approval or for a building permit to construct, alter, repair, move or demolish any place, site, structure or building designated as a landmark or any place, site, structure or building within or on the boundaries of the historic district shall be made to the Division of Building pursuant to the Building Code, Chapter 93 of the Town Code, except as provided hereafter. The application shall state the property is a landmark and/or is located within or on the boundaries of the historic district. Plans shall be submitted showing the structure or building in question and also giving its relation to adjacent structures or buildings and the construction, alteration, repair, moving or demolition sought to be accomplished.
(2) 
The Division of Building shall transmit the application and the plans to the Landmarks Preservation Commission.
(3) 
The Landmarks Preservation Commission shall then review the plans according to the provisions of this chapter. In reviewing the plans, the Landmarks Preservation Commission may confer with the applicant or his authorized representative concerning the building permit.
(4) 
Notwithstanding any other provisions of the chapter, if the applicant establishes to the satisfaction of the Commission that there is unnecessary hardship in the strict application of the provisions of this article:
(a) 
The land or improvement in question cannot yield a reasonable return if the proposed construction, removal, alteration or demolition is not permitted; or
(b) 
The hardship of the applicant is due to unique circumstances and the proposed alteration, construction, removal or demolition will not alter the essential character of the area and the hardship is the result of the application of the chapter and is not the result of any act or omission by the applicant.
(5) 
The Landmarks Preservation Commission shall approve, modify and approve or disapprove such plans within 60 days after receiving the application and said plans and shall transmit a record of its proceedings and findings to the Superintendent of the Division of Building and the applicant. If the Commission fails to act within 60 days of receipt of the application, the application shall be deemed to have been approved.
(6) 
The Superintendent of the Division of Building shall not grant a building permit until such time as an application has been approved by the Landmarks Preservation Commission or 60 days have elapsed from the date the application is received by the Commission.
(7) 
In the case of an application for subdivision approval, the Commission shall report its recommendations to the Nassau County Planning Commission within 30 days or such other time-frame as may be authorized by the county.
G. 
Nothing in this article shall be construed to prevent ordinary maintenance or repair, with like materials of similar quality and color, of any place, site, structure or building designated as a landmark or landmark site or any property located wholly or partly within the boundaries of an historic district.
H. 
This chapter shall not apply in any case where the Division of Building or any authorized Town enforcement agency orders or directs the construction, removal, alteration or demolition of any improvement on a landmark site or in an historic district for the purpose of remedying conditions determined to be unsafe or dangerous to the life, health or property of any person.
[Added 4-29-2003 by L.L. No. 3-2003]
A. 
Every owner or other person in charge of a structure, site, place or building designated as a landmark, or landmark site, or any structure, site place or building within an historic district as shown on the Landmark and Historic District Map, shall keep in good repair all of the exterior portions thereof which, if not so maintained, may cause or tend to cause the exterior portions of such improvements to deteriorate, decay or become damaged or otherwise to fall into a state of disrepair.
B. 
The following shall be the standards of good repair for landmarks:
(1) 
Landmark buildings shall be properly secured (including fire, smoke and/or entry alarms where necessary) from casualty, vandalism, malicious mischief and other unauthorized use.
(2) 
Attached parts shall be affixed so they will not fall and injure members of the public or property.
(3) 
Foundations shall be adequate and sound.
(4) 
Flooring or floor supports shall be of sufficient size or carry imposed loads with safety.
(5) 
Members of walls, partitions or other vertical supports shall be sound and upright so that they are not split and do not lean, list or buckle.
(6) 
Members of walls, partitions or other vertical supports shall be of sufficient size to carry imposed loads with safety.
(7) 
Members of ceilings, roofs, ceiling and roof supports or other horizontal members shall be sound and stabilized so they do not sag or buckle and are not split.
(8) 
Members of ceilings, roofs, ceiling and roof supports or other horizontal members shall be of sufficient size to carry imposed loads with safety.
(9) 
Fireplaces or chimneys must be maintained so as not to settle, list or bulge.
(10) 
Fireplaces or chimneys are of sufficient size or strength or carry imposed loads with safety.
(11) 
Plaster is not cracked or loose.
(12) 
Exterior walls, roofs, foundations or floors, including windows or doors, shall be effectively waterproofed.
(13) 
Effective weather protection shall be provided for exterior wall coverings, including paint or other protective covering.
(14) 
Improvements shall be structurally sound and properly watertight so that interior portions are secure from the elements.
(15) 
Improvements shall have sufficient heat source and temperature controls so as to protect the premises (including plumbing, etc.) from excessive deterioration or actual damage due to freezing.
(16) 
The Commission may require such other maintenance and repair work as it may determine necessary to conform to the Secretary of the Interior's standards for maintenance and repair.
C. 
Administration and enforcement.
(1) 
Where it is alleged that a landmark structure, site, place or building or any place, site, structure or building within the boundaries of an historic district is not being maintained in good repair, the Landmarks Preservation Commission, following a public hearing, shall determine what improvements, betterments, replacements or repairs are required to correct said deficiency. Notice of such hearing shall be advertised in a newspaper of general circulation in the Town at least 14 days prior to such hearing. Notice thereof shall also 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 subject property.
(2) 
If, upon written notice of the Landmarks Preservation Commission's decision, the owner or other person in charge of the subject property does not commence corrective action and complete the same within the time-frame as set forth by the Commission in its decision, then subsequent enforcement shall be the same as if there had been noncompliance with a notice of violation or summons issued by the Division of Building. In addition, all tax abatement for which such property may be eligible pursuant to § 143-9 of this chapter shall cease upon the date of issuance of any such notice of violation or summons by the Division of Building.
(3) 
Notice to the owner or other person in charge of the subject property shall be sufficiently given upon the date that a copy is mailed to the person at the address shown upon the Town real estate assessment rolls for the premises or prominently posted on the main entry door of the building or structure, whichever occurs first.
The Commissioner of Planning and Development shall be responsible for appropriate public identification of areas designated as landmarks, landmark sites and historic districts on the Landmark and Historic District Map. The Landmarks Preservation Commission must approve the size, style, color, typography, material of construction and wording of all privately owned signs identifying landmarks, landmark sites and properties within historic districts, prior to installation, consistent with the provisions of § 143-11.