[HISTORY: Adopted by the Town Board of the Town of Lewiston 6-27-1977 by L.L. No.
9-1977 (Ch. 13A of the 1965 Code). Amendments noted
where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 360.
This chapter shall be known as and may be cited as the "Town
of Lewiston Historic Preservation Law."
The Town of Lewiston finds that many buildings, structures and
sites or districts of such buildings, structures and sites within
its borders have a unique character and special aesthetic interest
and represent fine architectural products of distinct periods in the
area's history. The Town also finds that such buildings, structures,
sites or districts of such may be uprooted without adequate consideration
of the irreplaceable loss to the citizens of the Town. Therefore,
it is hereby declared to be a matter of public policy and a valid
exercise of the inherent police powers of the Town to protect, enhance
and perpetuate such buildings, structures, sites or districts as is
necessary to:
A.
Promote the health, prosperity and safety of Town citizens.
B.
Safeguard the area's heritage by preserving elements of its cultural,
political, economic and aesthetic history.
C.
Foster civic pride in the beauty and noble accomplishments of the
past.
D.
Promote the use of such buildings, structures, sites or districts
for the education, pleasure and welfare of the people of the area.
This chapter shall apply to all the area within the bounds of
the Town of Lewiston, except any incorporated village.
For definitions applicable to this chapter, see § 360-18 of Chapter 360, Zoning, of the Code of the Town of Lewiston. In addition thereto, the following definitions are deemed controlling regarding terms utilized in this chapter:
Any act or process which changes one or more of the exterior
architectural features of a building, structure or site designated
as historically significant or of any such building, structure or
site in a historic district.
That document issued by the Historic Preservation Commission
which entitles the applicant for such to alter or demolish a building,
structure, site or district of such designated to be historical.
To tear down, destroy or obliterate.
A term used to describe a building, structure, site or district
of such which has importance in the chronological record of the Town
of Lewiston, the state or nation as a representation of such entity's
cultural, political, economic or aesthetic heritage.
A historically defined geographic area with specific boundaries
within which exists a concentration of historical buildings, structures
or sites.
Styles recognized by one of the following organizations:
The National Register of Historic Places.
The Historic American Buildings Survey.
The Historic American Engineering Record, United States Department
of the Interior, National Park Service.
The Division for Historic Preservation, New York State Office
of Parks and Recreation.
The National Trust for Historic Preservation.
The Society of Architectural Historians.
[Amended 5-12-1980 by L.L. No. 3-1980; 9-11-2017 by L.L. No. 3-2017]
A.
There shall be created by the Town Board of the Town of Lewiston
an Historic Preservation Commission, which shall consist of seven
members to be appointed by the Town Board. The Town Historian shall
also be a member in an ex officio capacity.
B.
Said members shall preferably be residents of the Town of Lewiston
and shall include, if available, two architects, one of whom shall
be a landscape architect, and one municipal planner. Other appointees
shall be qualified by reason of training, experience or demonstrated
interest in law, local law, local business or the history or historical
preservation of Lewiston. A vacancy occurring in the membership for
any cause shall be filled for the unexpired portion of the term by
the Town Board.
C.
The term of office shall be seven years, provided that, of those
seven members initially appointed by the Town Board, one shall be
for a term of seven years, one for six years, one for five years,
one for four years, one for three years, one for two years and one
for one year, so that all members will serve staggered terms.
D.
The Commission shall elect one member as Chairman and one member
as Vice Chairman and shall submit to the Town Board, in the last week
of December, an annual report encapsulating its activities of the
past year and predictions for the ensuing year. Such report shall
also include recommendations that the Commission deems necessary to
carry out the principles of this chapter and to enhance the historic
and aesthetic qualities of the Town.
E.
Members of the Commission shall serve without compensation but shall
be reimbursed by the Town for expenses necessarily incurred in the
performance of their duties, with proper approval of the Town Board.
F.
Meetings of the Commission shall be held regularly at such times
as the Commission may determine or at the call of the Chairman or
at the call of at least two Commission members and must be held within
30 days of receipt of a complete application for a certificate of
appropriateness by the Town Building Inspector. All Commission meetings
shall be open to the public and notice of such shall be given in the
official Town newspaper 10 days prior to the meeting.
G.
The Commission shall keep regular minutes of its proceedings and
show the vote of each member upon any question. It shall also keep
records of its examinations and official actions.
A.
The Commission shall inventory and designate all historically significant
buildings, structures, sites or districts of such within the Town
of Lewiston, enlisting the voluntary assistance of interested civic
and social organizations. The initial inventory shall be completed
within one year of the effective date of this chapter, and such inventory
shall be reviewed, updated or revised where necessary each year thereafter
before the submission of the annual report. Such initial inventory
and annual alterations shall be distributed to the Town Building Inspector,
Clerk, Historian and Assessor.
B.
The Commission shall determine the acceptability of applications
for certificates of appropriateness, which certificates allow applicants
to alter or demolish a designated building, structure or site or alter,
demolish or initiate new construction in a designated district.
[Amended 9-11-2017 by L.L. No. 3-2017]
A.
B.
Evaluation of districts shall be made using the same criteria and
review as for individual buildings or structures, but, in addition,
consideration shall be given to the collective merits and interrelationship
of all buildings, structures and sites within a district's boundaries.
A public hearing, with notice given in the official newspaper of the
Town 10 days prior to the meeting, shall be attended and conducted
by the Town Board and shall be held before the designation of any
historic district in the Town.
C.
Designation of a building, structure, site or district as historically
significant shall be made by the Commission only after the Commission
or its representatives have met with the owner of such building, structure,
site or district or his representative. If, after just and proper
notice is given, said owner or representative fails to meet with the
Commission or its representative, designation may proceed. Notice
of such impending meeting shall be personally served upon said owner
if he is a resident of the Town or, if he is not a resident of the
Town, shall be sent by certified mail to his last known address, as
recited on the latest tax rolls of the Town. In either event, said
notice shall be given at least 10 days, but not more than 20 days,
prior to the day of said meeting. The owner of the property at issue
may request a public hearing which the Town Board, in its discretion,
may grant if it determines such to be in the public interest.
[Amended 9-11-2017 by L.L. No. 3-2017]
A.
Applications for a building permit to alter or demolish a building,
structure or site designated historically significant or to alter,
demolish or initiate new construction in a designated historically
significant district shall be submitted to the Town Building Inspector.
Such application shall state that the property at issue is historically
significant, but, in any event, the Building Inspector shall check
each application against the latest inventory he has received from
the Commission. Such application shall be sufficiently detailed to
show that the proposed changes will be in harmony with the existing
designated property and shall be accompanied by plans illustrating
the designated property, the proposed changes and the relationship
of such to adjacent property.
B.
Upon the filing of such application, the Building Inspector shall
immediately notify the Commission of such and forward the same to
the Commission, together with the accompanying plans and other information,
unless said application pertains solely to the interior of the designated
building or structure or the same within a designated district.
C.
The Commission shall meet within 30 days after receipt of the application
by the Building Inspector, unless otherwise mutually agreed upon by
the applicant and the Commission. In reviewing the application, the
Commission may confer with the applicant or his representative. If
the Commission approves the application, it shall issue a certificate
of appropriateness which shall be attached to the building permit
and immediately transmitted to the Building Inspector. The Commission
shall also stamp all submitted plans. If the Commission disapproves
an application, it shall state its reasons for doing so and shall
transmit a record of such action and reasons therefor to the applicant
and Building Inspector. The Commission may advise what it considers
proper if the application is denied, and the applicant, if he so desires,
may modify his plans and resubmit his application after doing so.
D.
In approving or denying an application, the Commission shall consider
the historical and architectural importance of the property, the site
in relation to its surroundings, the value to the community, the condition
and integrity of the property at the time of application, the severity
of the change in exterior design and the degree of harmony and integration
of the proposed changes with the original property.
E.
The Commission shall review whether the denial of a certificate will
cause economic hardship to the applicant and, if so, to what extent.
F.
Failure of the Commission to approve or disapprove an application
within 30 days after its reception by the Building Inspector or within
that time period mutually agreed upon by the applicant and the Commission
shall be deemed to constitute approval by the Commission, and the
Building Inspector shall proceed to process the application notwithstanding
the absence of a certificate of appropriateness.
G.
The Commission has the right to not review any application which
is incomplete. Said review will not occur until such time as the application
has been completed properly.
If the Commission disapproves an application and if the applicant
refuses to resubmit his application, modifying the same by including
the revisions recommended by the Commission, then the applicant shall
have 10 days after issuance of the Commission decision to file an
appeal with the Town Board. Such Board shall consider no facts beyond
those contained in the application and the Commission decision and
must render a decision within 30 days after the filing of the appeal.
[Amended 9-11-2017 by L.L. No. 3-2017]
A.
Any owner of a designated building, structure or site or the same
within a designated district who desires to maintain or repair the
exterior of such building, structure or site for the purpose of returning
such to the original condition has the right to maintain or repair
with the same materials and in the same fashion without a certificate
of appropriateness.
B.
The Commission shall have no control over interior changes in any
building or structure unless evidence of such change is apparent on
the exterior of such building or structure.
C.
Upon approval of an application and subsequent issuance of a certificate
of appropriateness, nothing contained herein shall prohibit the utilization
of modern materials and construction methods.
D.
Nothing contained herein shall be construed as to require the owner
of any presently existing building or structure, if designated historically
significant pursuant to this chapter, to make any change in the exterior
design or appearance of such building.
[Amended 9-11-2017 by L.L. No. 3-2017]
A.
After a building, structure, site or district of such has been duly
designated by the Commission as historically significant, the owner
or owners of said building, structure, site or district of such shall
be eligible for reimbursement for all or part of the general Town
tax (see New York State Real Property Tax Law, Article 4, Title 2,
§ 444-a) as provided in a resolution of the Commission,
subject to approval or disapproval by the Town Board.
B.
The owner or owners of a building, structure, site or district of
such shall be reimbursed for the proper and timely payment of only
those taxes accruing after the date of the formal designation of said
building, structure, site or district of such as historically significant.
A.
Violation of any provision of this chapter is hereby declared to
be an offense, as defined in the New York State Criminal Procedure
Law, punishable by a term of imprisonment not to exceed 15 days or
a fine not to exceed $250, or both.
B.
Each and every week that a violation of this chapter is allowed to
continue shall be considered a separate offense.
C.
Nothing contained herein shall prevent further prosecution under
other local laws of the Town of Lewiston or under the laws of the
State of New York.
