A.
The purpose of this article is to promote and protect the educational,
cultural, economic and general welfare of the public through the protection,
enhancement, perpetuation and preservation of the Village of Casleton-on-Hudson's
architectural heritage. It is the further intent of this article to:
B.
To achieve these purposes, a Historic Overlay District is designated,
with boundaries as shown on the Zoning Map.
A.
The provisions of this article shall apply to any rehabilitation,
restoration, alteration, demolition or construction of structures
within the Historic Overlay District.
B.
This article shall apply only to exterior features of the structure
which are visible to the public.
C.
Nothing in this article shall be construed to prevent normal maintenance
or repair of any exterior feature on a structure within the Overlay
District which does not involve a change in design, material or the
outward appearance of a structure.
A Review Commission is established to review and act upon all
applications submitted under the provisions of this article before
any permits are issued by the Building Inspector.
A.
Composition.
(1)
The Review Commission shall consist of seven members appointed by the Village Board: five members shall be the members of the Village Planning Board, appointed pursuant to Article XIV of this chapter; one member shall be the Village Historian, if the Village Historian is unavailable, one member from a list submitted to the Village Board by the Historical Society of Esquatak; and one current or retired New York State licensed architect.
[Amended 5-16-1994 by L.L. No. 2-1994]
(2)
All members of the Review Commission shall be full voting members.
(3)
Terms of office.
(b)
Of the remaining two members, one shall be appointed for a three-year
term; and one shall be appointed for a two-year term. These terms
shall expire at the end of the official year. At the expiration of
these terms, successors shall be appointed for terms of five years.
(c)
The Chairperson and Vice Chairperson of the Review Commission
shall be appointed by the Village Board, or upon failure to do so,
the Review Commission may select a Chairperson and Vice Chairperson
from its membership.
(4)
Vacancies shall be filled from the original source. A vacancy occurring from the Planning Board shall be filled according to Article XIV. Vacancies from the American Institute of Architects and the Historical Society of Esquatak shall be filled from a list submitted by these bodies to the Mayor, and approved by the Village Board.
B.
General operation.
(1)
The Review Commission may, subject to Village Board approval, make,
promulgate and adopt written bylaws, rules, procedures or forms necessary
for the proper execution of its duties and securing the intent of
this article.
(2)
The Village Board shall provide operating expenses for the Review
Commission. Expenditures of the Review Commission shall not exceed
the amount of appropriation.
(3)
The Review Commission shall use the clerical staff which serves the
Planning Board.
C.
Meetings. Meetings shall be held at the call of the Chairperson or
at other times the Commission may determine. Meetings shall be subject
to the Open Meetings Law as found in the Public Officers Law and the
Freedom of Information Law.
D.
Minutes and records. The Review Commission shall keep proper minutes
of its meetings and records of its examinations, official actions,
advisory reports and general studies. The minutes shall show how each
member voted on every question. The minutes shall also indicate if
a member is absent or fails to vote. The Commission shall file a record
of all determinations with the Village Clerk for the public record.
E.
Powers and duties. It shall be the duty of the Review Commission to exercise aesthetic judgment, maintain the desirable character of the Historic Overlay District and pursue the purposes of this article through its review of all proposals falling within the criteria of § 210-66 of this article. The Review Commission shall also have the following powers and duties:
(1)
To approve the unconditional or conditional issuance of a certificate
of approval for demolition, alteration, removal or construction of
structures.
(2)
To deny a certificate of approval for the demolition of structures or exterior architectural features of structures when the applicant has not satisfied the requirements for the demonstration of economic hardship in § 210-70C(2), (4) and (5).
(3)
To retain or employ professional consultants and other persons necessary
to assist the Review Commission.
(4)
To conduct surveys and studies relating to the purposes and responsibilities
of the Review Commission.
(5)
To make recommendations concerning changes in size, administration
or regulations concerning the Historic District.
(6)
To make recommendations concerning preparation of maps, brochures,
historical markers and other materials for selected purposes.
(7)
To advise owners of historic buildings on problems of preservation
and restoration.
(8)
To exercise any other power not inconsistent with law to implement
its functions and the purposes of this article.
(9)
Nothing in this article shall authorize the Review Commission to
act or adopt regulations affecting use of land or population densities
or to regulate the location of buildings designed for specific uses
or to create districts for any such purposes.
The Review Commission shall operate according to the following
standards and procedures:
A.
No change in the exterior feature of a structure shall be commenced without a certificate of approval from the Review Commission, nor shall any certificate of compliance, building permit or demolition permit be issued without a certificate of approval. The Building Inspector shall forward all applications for a certificate of approval to the Review Commission. Any project requiring review by the Planning Board under the provisions of the State Environmental Quality Review Act or under Article VIII, Site Plan Review, of this chapter shall be submitted by the Building Inspector to the Planning Board, which shall conduct its review in a timely and coordinated manner with the review of this Review Commission.
B.
All applications for a certificate of approval shall be made in writing
in a manner prescribed by the Review Commission, and shall contain
the following:
(1)
The name, address and telephone number of the applicant, and of the
owner, if the applicant is acting for the owner.
(2)
A sketch plan showing the location of buildings or structures, the
architectural features of which are proposed to be changed.
(3)
Sketch elevations or photos with appropriate notations showing the
proposed change.
(4)
Samples of materials to be used in the proposed change.
C.
Preliminary concept conference.
(1)
A preliminary concept conference between the Review Commission and
the applicant shall be held to discuss and review the basic concept
for any proposed repair, alteration, rehabilitation, new construction
or other activity coming under the provisions of this article, and
to generally determine the scope and impact of the proposal on the
intent of this article.
(2)
The Review Commission shall work with the applicant to refine and
develop his proposal so it is in harmony with the intent of this article
and complies to the greatest extent possible with the 1978 Secretary
to the Interior's Guidelines for Rehabilitation. At the preliminary
concept conference, the Review Commission shall also specify any additional
information it may require of the applicant for a formal submission.
A.
General. In reviewing any application, the Review Commission shall
be guided by the following general standards:
(1)
The historical or architectural value and significance of the structure
and its relationship to the historic value of the surrounding area.
(2)
The general appropriateness of the exterior design, arrangement,
texture and materials proposed to be used.
(3)
Any other factor, including aesthetic, which it deems pertinent.
B.
The following specific standards shall apply in appropriate cases,
and no certificate of approval shall be issued until the following
conditions are met:
(1)
Alteration. No alteration, repair or rehabilitation shall remove
or destroy architectural features of a building unless the applicant
proves that a compelling reason exists for the removal of the features.
(2)
New construction. Any new construction occurring within the Historic
Overlay District shall comply with the following standards:
(a)
Compatibility with the architectural style and spirit of the
Historic Overlay District in terms of materials, size, scale, rhythm,
texture and other appropriate considerations.
(b)
Compatibility with the architectural style and spirit of Historic
Overlay District in terms of height; infill construction and additions
shall not exceed the height of the next two abutting buildings, nor
shall the minimum height be less than the lower of the next two buildings
on either side of the building site.
(c)
In cases of alterations not removing or destroying architectural
features, repairs, alterations and rehabilitation of existing buildings
should either be consistent with the spirit of their architectural
style or should alter the structure to an appropriate appearance consistent
with the architectural style of this district.
A.
Demolition is prohibited in the case of all structures erected in
or prior to 1890, unless the Review Commission is satisfied that the
structure presents public safety hazards which cannot be eliminated
by the economic means available to the applicant or owner, and which
have not been caused by neglect or the intentional activity of the
applicant or owner.
B.
Demolition is prohibited in the case of any structure erected subsequent
to 1890 if the Review Commission determines it to be of particular
architectural or historic significance.
C.
Procedure for a certificate of approval to permit demolition.
(1)
The Building Inspector shall forward all applications for a demolition
permit within the Historic District to the Review Commission.
(2)
Burden of proof; reuse of land.
(a)
The burden of proof in establishing that no reasonable economic
return can accrue to the applicant unless the demolition permit is
issued rests with the applicant. The application shall contain such
information as is necessary to make a determination of no reasonable
return.
(b)
The applicant shall also submit a plan for the reuse of the
land. The plan shall consist of a written statement of intent, an
analysis of the benefit of the proposed use to the Village, an analysis
of the compliance of the proposed use to the intent and provisions
of this chapter, sketch plans and sketch elevations of any proposed
new construction.
(3)
The Review Commission shall make a preliminary evaluation of the
application within 30 days.
(4)
If the burden of proof is sufficient and no reasonable return is
established to the satisfaction of the Review Commission, the Commission
shall issue a certificate of approval for the demolition permit application.
(5)
If the Review Commission is not satisfied that the applicant has
sufficiently established that no reasonable return can be made by
retaining the structure, the Review Commission, in consultation with
the applicant, shall within 60 days of the receipt of the application
propose a plan for the economic reuse of the structure. This plan
may include, but shall not be limited to, the identification of alternative
owners who are financially capable of retaining the structure, partial
or complete tax exemption, private financing, remission of taxes,
authorization for alterations, construction or reconstruction appropriate
for and not inconsistent with the effectuation of the purpose of this
article. Any proposal involving the remission of taxes shall first
be approved by the Village Board.
(6)
In any case where the Review Commission formulates a plan, it shall
mail a copy of the plan to the applicant promptly, and, in any event,
within the 60 days. A public hearing on the plan shall be held within
90 days from the date of receipt of the application.
(7)
In any case where the Review Commission determines, after holding
a public hearing, that the plan which it has formulated meets the
standards and purposes set forth in this article, the plan, as originally
formulated, or with such modifications as the Commission deems necessary
or appropriate, shall be approved by the Review Commission. A copy
of the approved plan shall be mailed to the applicant.
(8)
The applicant may accept or reject the plan by written acceptance
or rejection filed with the Review Commission. If an acceptance is
filed, the Commission shall deny the applicant's original request
for a certificate of approval. If a new application for a permit from
the Building Inspector and a new request for a certificate of approval
are filed which conform with the proposed plan, the Commission shall
grant the certificate as promptly as is practicable and in any event
within 30 days after such filing. If the applicant rejects the plan,
the Review Commission may deny the applicant's request for a
certificate of approval.
(9)
If the application for a certificate of approval is denied, the Building
Inspector shall not issue a permit for demolition or for any other
work not specifically reviewed and approved by the Commission.
A.
Owners of structures in the Historic District are responsible for
stabilization of vacant structures. Structures shall be made secure
from the elements and vandalism.
B.
No owner shall willfully allow a structure to deteriorate to the point where it becomes a public safety hazard, as defined Chapter 106, Unsafe Buildings, relating to the definition and control of dangerous buildings. The Building Inspector shall vigorously pursue and enforce the provisions of Chapter 106, Unsafe Buildings, in promoting the intent of this chapter and of this article.
[Amended 5-16-1994 by L.L. No. 2-1994]
Change of use will be controlled in an attempt to promote the
traditional Downstreet concept in the Historic District as a focus
for residential, commercial, governmental and social activity and
to encourage and provide for a vertical mix of uses within structures.
A.
The Building Inspector shall forward all applications for any change
in use as same exists at time of amendment to this chapter within
the Historic District to the Historic Review Commission.
B.
Current use must be maintained subject to deviation therefrom as
approved after the Historic Review Commission is satisfied that no
reasonable economic return can accrue to the applicant unless use
is changed.
C.
Burden of proof rests with the applicant. The application shall contain
such information as is necessary to make a determination of no reasonable
return.
D.
The applicant shall also submit a plan for the reuse of the property
which shall be subject to site plan review.
E.
The Historic Review Commission shall make a preliminary evaluation
of the application within 30 days of submission.
F.
If the burden of proof is met and no reasonable return is established
to the satisfaction to the Historic Review Commission and the Planning
Board approves the site plan review, the Historic Review Commission
shall issue a certificate of approval for the change in use permit
application.
G.
If the application for a certificate of approval is denied, the Historic
Review Commission shall not issue a permit for change of use or for
any other work not specifically reviewed and approved by the Historic
Review Commission.
Any applicant aggrieved by an action or decision of the Review Commission shall have the right to appeal to the Zoning Board of Appeals for a variance as established in Article XIII of this chapter.
Violation of this article or of any rules, regulations and procedures adopted pursuant to this chapter shall be subject to the penalties enumerated in Article XVI of this chapter. In addition, the Review Commission is empowered to request that the Board of Trustees move to seek any injunction or other civil relief which may be necessary to secure the intent of this article.
