Town of Fishkill, NY Historic Structures and Sites

The Town of Fishkill is located within the Hudson River Valley National Heritage Area and the state's Hudson River Valley Greenway.

In addition to the specific historic designations, the Town has structures that are individually listed on the State or National Registers of Historic Places.

It is in the best interests of the Town of Fishkill that recognized historic resources be protected for the continuing use and enjoyment of future residents within the community. The Town of Fishkill specifically finds that many of these vital and irreplaceable historic resources have heretofore been afforded recognition, but not protection, through their inclusion, or deemed eligibility for inclusion, on the National Register of Historic Places. The Town further finds that preservation of Fishkill's historic architectural character will foster civic pride in the beauty and architectural achievements of the past and result in economic benefits to Fishkill by uniformly preserving its heritage and distinctive character.

This section is designed to provide for the protection of those historic structures and sites which, by reason of their antiquity, uniqueness, setting, historical association or architectural distinction or quality, have been recognized, both for their contribution to a strong sense of identity within the community and for the tangible linkages they provide to the Town's historic, architectural, and cultural heritage.

This section is also intended to reinforce the importance of the historic structures and sites of the Town of Fishkill and support the objectives of the specific historic designations, and the Town's Comprehensive Plan by:

Providing for the careful, thoughtful evaluation of any proposed action that would cause the alteration, removal, or demolition of any such recognized historic structure;

Emphasizing as a statement of local policy that the conservation, protection, enhancement, and preservation of such historic structures and sites is necessary to promote the economic, cultural, educational, and general welfare of the Town's residents; and

Allowing the continuing identification and recognition of historic structures and sites that represent distinctive elements of historic, architectural, and cultural heritage.

(6)

This section is also intended to foster compatibility in building architecture and related site design for historic structures and sites so as to sustain and maintain the vernacular character, scale of buildings.

(7)

This section is not intended to regulate the interior of historic structures, unless such interior alterations destroy the historical integrity of such structure.

Applicability. The provisions of this section apply only to regulated structures or sites. Regulated structures or sites include the following:

Individual structures, or structure complexes, listed on, or deemed eligible to be listed on, the State or National Register of Historic Places by the State Historic Preservation Office or keeper of the National Register of Historic Places or identified in the National Park Service's National Historic Landmarks Program.

Other structures, if any, locally designated as historically significant by the Town Board of the Town of Fishkill, as depicted on the Historic and Cultural Resources Map, as it may be amended from time to time.

New construction on a lot containing a regulated structure.

Land disturbance on a site or parcel identified as a historic site, a former cemetery or burial site, a potential archaeological site, a site identified in the New York State Historic Preservation Office (SHPO) archaeological site inventory, or a site that is "located in or adjacent to an area designated as sensitive for archaeological sites on the New York State Historic Preservation Office (SHPO) archaeological site inventory."

Certificate of appropriateness.

No person shall carry out any alteration, demolition, or new construction of a regulated structure or land disturbance on a regulated site until the Planning Board has issued a certificate of appropriateness or a resolution deeming such certificate is not required and, when required, a building or demolition permit from the Building Inspector. The certificate of appropriateness required by this section shall be in addition to, and not in lieu of, any building permit or other approval required by the Town of Fishkill Code.

The Building Inspector shall not issue a building or demolition permit for any activity regulated by this section, other than in the case of an emergency demolition, until the Planning Board has issued a certificate of appropriateness or a resolution deeming such certificate is not required or, subsequently, upon request for review of the disapproval of such certificate of appropriateness, a certificate of hardship.

Application procedure.

The review of any application for certificate of appropriateness under these historic structures and sites regulations shall be in addition to and shall run concurrently with any and all other review procedures by the Planning Board as set forth in this and other chapters of the Code of the Town of Fishkill, including but not limited to site development plan, special use permit and subdivision review; wetland, watercourse and water body permit review; Planning Board review of stormwater applications; and any other reviews required by the Planning Board.

Every sketch phase application for a certificate of appropriateness shall be forwarded by the Building Inspector to the Planning Board for an initial screening. The applicant shall provide the Building Inspector with the name, address, and telephone number of the owner and applicant, if different, the property location and tax map number(s), photograph(s), and a sketch or description of the proposed alteration, demolition, or new construction.

The Planning Board shall issue an initial review within 15 days after receipt of the sketch phase application or by the next regularly scheduled Planning Board meeting, whichever is later.

The Planning Board's initial review shall include the following information:

A list of additional information that should be submitted for a complete application; or

An opinion that the proposed activity is of a minor nature and does not warrant additional review.

Once the Planning Board has submitted its initial review, a sketch conference between the Planning Board and the applicant shall be held to initially review the sketch phase application and to determine the extent of review necessary for the intended project.

At the sketch conference, the Planning Board shall take one of two actions:

The Planning Board may make a determination that the project is of a minor nature, and that the project requires no further review under this section.

The Planning Board may determine that the project does require full review under this section, that a complete application is required and whether to waive, in its discretion, any application requirements set forth in Subsection E.

Application requirements for certificate of appropriateness.

Sketch phase. The sketch application shall include the name, address, and telephone number of the owner and applicant, if different, the property location and tax map number(s), photograph(s), and a sketch or description of the proposed alteration, demolition, or new construction.

Complete application. The following information is required unless waived by the Planning Board in its discretion:

Photographs and a brief description of any structure proposed to be altered or demolished, including approximate date of construction, the nature and description of the proposed alteration, name of architect if known, historic and/or architectural significance, and a description of the setting, including related grounds, accessory buildings and structures and property boundaries.

Photographs and a brief description of any site or land area proposed to be disturbed, altered, excavated, graded, or otherwise eliminated, including approximate date of such construction activities, name of architect or engineer, if known, historic and/or architectural significance, and a description of the setting, including related buildings, grounds, accessory buildings and structures and property boundaries.

Past 10 years' chronology of the use, occupancy, and ownership of the property.

A complete description of the proposed work adequate to provide a full understanding of the work to be done.

(e)

Construction drawings and complete list of materials to be used during the alteration.

(f)

Any other information specific to the proposed alteration, demolition, new construction, or disturbance required by the Planning Board to make a determination on the application for a certificate of appropriateness, including data to demonstrate compliance with the criteria for approval set forth below.

(g)

For a proposed demolition, plans for the redevelopment of the property, including at least one of the following:

A redevelopment plan for the property that provides for a replacement or rebuilt structure for the regulated structure being demolished or relocated, indicating in sufficient detail the nature, appearance, and location of all structures to be replaced or rebuilt; or

For property to remain vacant, a restoration plan for the property following demolition, including a description of the materials, grading, landscaping, and maintenance procedures to be utilized to ensure that the restoration conforms to the approved plan and that landscaping survives in a healthy condition; and/or

A treatment plan for any features of adjacent buildings exposed as a result of the demolition.

(h)

An environmental assessment form (EAF), when applicable. If demolition is proposed in conjunction with the alteration or new construction of a regulated structure, the EAF shall consider both actions.

(i)

If an EAF is required, the form shall indicate whether the structure or site may be eligible for listing on the National or New York State Register of Historic Places, and also whether the structure or site is located in or adjacent to an area designated as sensitive for archaeological site in the New York State Historic Preservation Office (SHPO) archaeological site inventory. An inquiry must be made for consultation via the Cultural Resource Information System (CRIS) and information requested as a result of the CRIS inquiry must also be submitted via the CRIS. Copies of all materials submitted via the CRIS must be submitted to the Planning Board, including comments from the CRIS and any resulting recommendations and signoff from the SHPO.

(j)

An historical or archaeological or cultural resource specialist may be engaged by the Town in review of construction or demolition applications depending on the sensitivity of the structure or site and the extent or depth of proposed land disturbance.

Criteria for approval of a certificate of appropriateness.

Alteration. In reviewing an application for a certificate of appropriateness for the alteration of a regulated structure or site, the Planning Board shall determine whether the proposed alteration is appropriate, based on the following standards:

Insofar as possible, the proposed alteration shall retain exterior architectural features of the regulated structure or site, which contribute to its historic character as seen from the street or other public property or which contribute to the overall character and integrity of the historic structure or site.

Alteration of the regulated structure or site shall be compatible with its historic character. The Planning Board shall be guided, where appropriate, by the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings.

The alteration of a regulated structure or site shall be compatible with the character of the surrounding community.

In applying the principle of compatibility, the Planning Board shall consider the following factors:

The general design, character, and appropriateness of the proposed alteration to the regulated structure or site;

The scale of proposed alteration in relation to the regulated structure or site and the surrounding community;

Texture and materials, and their relation to similar features of the regulated structure or site and similar structures of the same historic period and style;

[4]

Visual compatibility, including proportion of the property's front facade, proportion and arrangement of windows and other openings within the facade, roof shape and the rhythm or spacing of properties along the street or roadway, including consideration of setback and the treatment of yard areas;

[5]

The importance of the regulated structure or site and its architectural or other features to the historic significance of the Town, the surrounding community, or other regulated structures on the lot;

[6]

The history, use, occupancy, and ownership of the property; and

[7]

Information and/or testimony as to the appropriateness or inappropriateness of the proposed alteration.

Demolition or land disturbance. In reviewing an application for a certificate of appropriateness for the demolition or disturbance of all or a portion of a regulated structure or site, the Planning Board shall consider whether:

The structure or site is of such architectural or historic or archaeological significance that its demolition would be to the detriment of the public interest;

Retention of the structure or site in its current form and/or at its present location is important to the Town's history or character or to the cohesiveness and character of the surrounding community;

The structure or site is of such old and unusual or uncommon design, texture, and material that it could be reproduced only with great difficulty, or not at all; or that it contains or potentially contains significant historical or archaeological artifacts;

Retention of the structure or site would help preserve and protect an historic place or area of historic interest in the Town; or significant historical or archaeological artifacts;

(e)

Retention of the structure would promote the general welfare by maintaining real estate values and encouraging interest in American history and architecture;

(f)

Whether throughout the review process the applicant has consulted cooperatively with the Planning Board, local preservation groups and other identified interested parties in a diligent effort to seek an alternative that would result in preservation of the regulated structure or site;

(g)

In order to approve an application for a certificate of appropriateness for demolition, the Planning Board shall find that the demolition will not result in a significant avoidable diminution of the historic character of the neighborhood; or destruction or diminution of all or part of an archaeological site; and that one or more of the following additional criteria have been met:

The structure or site or portion thereof to be demolished or disturbed is in such condition that its preservation or restoration would not be feasible.

In the case of removal or demolition of a portion of a structure, the historic characteristics of the remaining portion of the structure will remain intact.

After considering the interests of the public and the owner, the benefits of demolition or disturbance outweigh any reasonable interest in preserving the building or site.

New construction. Criteria for approval of a certificate of appropriateness for new construction of a regulated structure or on a regulated site.

New construction shall not detract from the historic significance of the property, adjacent regulated structures, or sites or from the character of the surrounding community. Review of new construction shall be limited to visual compatibility and minimizing impacts to any adjacent regulated structures or sites. In applying the principle of compatibility, the Planning Board shall consider the following factors:

The scale of proposed new construction in relation to adjacent regulated structures or sites and the neighborhood.

The proposed texture and materials, and their relation to similar features of adjacent regulated structures or sites.

The visibility of the property from regulated structures or sites.

[4]

Information and/or testimony as to the appropriateness or inappropriateness of the proposed structure or site in connection with the purpose and intent of this section.

Nothing herein shall prohibit the Planning Board from granting a certificate of appropriateness for a structure of compatible architectural character if the Planning Board finds, in writing, that the compatible architectural character of the new structure outweighs any visual impacts on nearby regulated structures or sites.

Planning Board review procedure.

Upon receipt of a complete application, the Planning Board shall refer the submission to the Dutchess County Department of Planning and Development pursuant to § 239-m of the General Municipal Law, when required.

The Planning Board shall hold a public hearing within 62 calendar days after receipt of a complete application in accordance with Code Chapter 114.

The Planning Board shall render its written decision and findings within 62 calendar days after the conclusion of the public hearing.

The Planning Board, in granting any approval, shall have the authority to impose such reasonable conditions and restrictions as necessary.

In the case of an approval of a certificate of appropriateness for alteration or demolition or land disturbance, the Planning Board shall be empowered to impose reasonable conditions to ensure that the activity is conducted in a manner consistent with the purpose and intent of these regulations and to cause a dialogue with the applicant to ensure, to the maximum extent practicable, opportunity is made available for the historic structures and sites to be recorded and, in the case of demolition or land disturbance, salvageable architectural elements or artifacts are removed prior to the demolition for use in the rehabilitation of other historic structures or sites.

(6)

The Board's decision shall be filed with the Town Clerk and Code Enforcement Officer and mailed to the owner and applicant within five days. If the Planning Board denies approval of the application for a certificate of appropriateness, the applicant may apply for relief, in accordance with the procedures set forth below, on the grounds that the determination results in an economic hardship.

Waivers. The Planning Board may waive the requirement for a public hearing, in its discretion, upon a finding that the alteration, demolition or new construction will not result in a significant avoidable diminution of the historic character or cultural quality of the regulated structure or site, and that the alteration, demolition or new construction would be appropriate in relation to any other regulated structure or site existing or proposed within 300 feet after applying the criteria for approval of a certificate of appropriateness above.

Certificate of hardship. An applicant whose certificate of appropriateness has been denied by the Planning Board may apply to the Planning Board for relief on the grounds of hardship.

No person who has been denied a certificate of appropriateness shall carry out any alteration, demolition, new construction, or disturbance of a regulated structure or site without obtaining both a certificate of hardship from the Planning Board and a building or demolition permit from the Building Inspector.

Procedure.

A public hearing shall be held on the hardship application within 62 days of receipt of a complete application by the Planning Board. Notice of the public hearing shall be in accordance with Code Chapter 114.

The Planning Board shall make a decision within 62 days of the close of the public hearing.

The decision of the Planning Board shall be in writing and shall state the reasons for granting or denying the hardship application. If the application is granted, the Planning Board shall approve only such work as is necessary to alleviate the hardship. In granting any approval, the Planning Board shall have the authority to impose such reasonable conditions and restrictions as necessary.

In order to prove the existence of hardship, the Planning Board must find that:

In the absence of the requested hardship determination, the property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible;

In the case of a proposed demolition, or disturbance, the applicant shall establish that:

The property cannot be adapted for any other use, whether by the current owner or by a purchaser, which would result in a reasonable return; and

Efforts to find a purchaser interested in acquiring the property and preserving it have failed.

The applicant shall consult in good faith with the Planning Board, the New York State Historic Preservation Office, preservation groups and interested parties in a diligent effort to seek an alternative that will result in preservation of the property.

The Planning Board shall take into consideration the economic feasibility of alternatives to alteration, demolition, new construction, or disturbance, and balance the interest of the public in preserving the regulated structure or portion thereof and the interest of the owner in alteration, demolition, or new construction.

(6)

The Planning Board may require that the applicant make submissions concerning any or all of the following information before it makes a determination of hardship:

Estimate of the cost of the proposed alteration, demolition, new construction, or disturbance, and an estimate of any additional cost that would be incurred to comply with the recommendation of the Planning Board for changes necessary for the issuance of a certificate of appropriateness;

A report from a licensed engineer or architect, with demonstrated qualifications and experience in rehabilitation, regarding the structural condition of any structures on the property and their suitability for rehabilitation;

Estimated market value by a licensed appraiser of the property in its current condition; after completion of the proposed alteration, demolition, new construction, or disturbance; after any changes recommended by the Planning Board; and, in the case of a proposed demolition, or disturbance, after renovation of the existing property for continued use;

In the case of a proposed demolition, an estimate from an architect, developer, real estate consultant, appraiser, or other real estate professional experienced in rehabilitation, regarding the economic feasibility of rehabilitation or renovation for reuse of a structure proposed for demolition;

(e)

Amount paid for the property, deed, the date of purchase, and the party from whom purchased, and a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer;

(f)

If the property is income-producing, the annual gross income from the property for the previous two years; itemized operating and maintenance expenses for the previous two years; and depreciation and annual cash flow before and after debt service, if any, during the same period;

(g)

Remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two years;

(h)

All appraisals obtained within the previous two years by the owner or applicant in connection with purchase, financing, or ownership of the property;

(i)

Any listing of the property for sale or rent, price asked and offers received, if any, within the previous two years;

(j)

Assessed value of the property according to the two most recent assessments;

(k)

Real estate taxes for the previous two years;

(l)

Form of ownership or operation of the property, whether sole proprietorship, for profit or not-for-profit corporation, limited partnership, joint venture, or other; and

(m)

Any other information deemed necessary by the Planning Board to make a determination of economic hardship.

(7)

Upon a finding by the Planning Board that without the issuance of a certificate of appropriateness all reasonable use of, or return from, the property will be denied a property owner, then the Planning Board shall issue a certificate of hardship approving the proposed work.

Expiration.

Certificates of appropriateness and of hardship for demolition shall expire one year from the date of approval. Certificates of appropriateness and hardship for alteration and new construction shall expire if any of the following circumstances occur: work authorized under the certificate is not commenced and diligently pursued through the completion of substantial construction within 30 months of the date of approval by the Planning Board, or within 30 months of the stamping and signing of a related site plan, whichever is later.