Town of North Hempstead, NY Procedures

Historic landmarks and districts shall be designated as provided herein:

An application for the designation of a building, structure, site or object as a historic landmark or an area as a historic landmark district may be submitted to the Commission by any person on a form or in a format supplied by the Town. In addition, the Commission may, on its own motion, initiate such an application. The application shall include the following:

(1)

An application to designate a building, structure, site or object for preservation as a historic landmark shall include:

(a)

A concise description of the physical elements, age, architectural style, period and historical significance represented by the building, structure, site or object, including a consideration of design, scale, material, workmanship and spatial qualities, as relevant.

(b)

A concise statement of how the building, structure, site or object meets the definition of "historic landmark" as defined in this chapter.

(c)

Exterior photographs of the building, structure, site or object in its entirety and surrounding property and a site map illustrating the characteristics enumerated in the definition of "historic landmark" as provided in this chapter. The area to be considered for landmarking shall be clearly defined in the site map. An aerial map showing the areas surrounding the proposed historic landmark shall be included with the application.

(d)

The name and address of the owner(s) of the building, structure, site or object. In the case of a building, structure or object, the owner of the real property, as shown in the records maintained by the Nassau County Clerk's Office, upon which the building, structure or object is situated, is presumed to be the owner of the building, structure or object.

(e)

The name, address and telephone number of the person who is submitting the proposal and the person represented, if any.

(f)

The relationship, if any, between the applicant(s) and the owner(s) of the structure, site or object.

(g)

If required by the Commission, architectural drawings, including scaled plans and elevations.

(h)

Such other information as the Commission deems necessary.

(2)

An application to designate an area for preservation as a historic landmark district shall include:

(a)

A concise statement of the physical elements which make the area a historic landmark district and a description of all buildings, structures, sites or objects located within the proposed district, with special note of types, architectural styles and periods represented which would qualify for designation as a historic landmark district under the chapter.

(b)

A concise statement identifying other buildings, structures, sites or objects located within the proposed district that, while not qualifying under this chapter for designation as a historic landmark, contribute to the overall visual enhancement of the proposed district or are within the boundaries of the proposed district but do not contribute to it.

(c)

A concise statement of how the proposed district meets the definition of "historic landmark district" as prescribed by this chapter.

(d)

A map clearly depicting the boundaries of the proposed district and the locations of buildings, structures, sites or objects therein, with contributing properties noted as such.

(e)

A justification of the boundaries of the proposed district.

(f)

The street address and section, block and lot, as shown on the most recent tax roll, of every property within the proposed district and the owners of record thereof.

(g)

The name, address and telephone number of the person who submitted the application and the person represented, if any.

(h)

The relationship, if any, between the applicant(s) and any of the properties, buildings, sites, objects or structures within the proposed district.

(i)

A photo or photos of the sides of all buildings, structures, sites or objects visible from the public right-of-way within the proposed historic landmark district by designated street address and section, block and lot.

(j)

A written description of each building, structure, site or object which shall include the year of construction (if a building or structure), any applicable historic personage or event associated with the building, structure, site or object, if known, or any other information that will assist the Commission in its proceedings.

(Reserved)

Public hearing and decision by the Commission.

(1)

Upon the submission of an application, a public hearing shall be held by the Commission within 60 days. The Executive Secretary shall notify the Building Department, the Department of Planning and Environmental Protection, the Town Attorney's Office, the Town Clerk, the Town Board and the applicant of the pending application.

(2)

Notification.

(a)

In the case of an application to designate a historic landmark, the applicant shall provide notice of the hearing to property owners of record as they appear on the tax rolls of the Town, of property located within 300 feet of the site, in the manner provided herein, and must file an affidavit as to the mailing of such notices in accordance with this section with the Executive Secretary not less than five days before the hearing. Not less than 10 nor more than 20 days before the hearing, the applicant shall send, by first-class mail and by registered or certified mail, a notice to each affected owner as described above. The Commission shall place a notice of the public hearing in an official newspaper of the Town, which circulates in the affected area, at least 10 days prior to the date of the public hearing. All notices required herein shall state the nature of the application, including the location(s) of the affected property, and the date, time and place of public hearing. If, prior to the close of the public hearing, the Commission shall determine that there is a failure to comply with the notice provisions of this chapter, the public hearing may be recessed until there is compliance with these notice provisions.

(b)

In the case of an application to establish a historic landmark district, the applicant shall notify the owners of record of each property within the proposed historic landmark district, as well as owners of record of property located within 300 feet of the boundary lines of the proposed historic landmark district, all as they appear on the tax rolls of the Town, in the manner provided herein, and must file an affidavit as to the mailing of such notices in accordance with this section with the Executive Secretary not less than five days before the hearing. Not less than 10 nor more than 20 days before the hearing, the applicant shall send, by first-class mail and by registered or certified mail, a notice to each affected owner as described above. The Commission shall place a notice of the public hearing in an official newspaper of the Town, which circulates in the affected area, at least 10 days prior to the date of the public hearing. All notices required herein shall state the nature of the application, including the boundaries of the proposed historic landmark district, and the date, time and place of public hearing. If, prior to the close of the public hearing, the Commission shall determine that there is a failure to comply with the notice provisions of this chapter, the public hearing may be recessed until there is compliance with these notice provisions.

(c)

Where an application to designate a historic landmark or to establish a historic landmark district is adjourned on the record to a date certain, the applicant must notice the new hearing date in the manner provided herein. Not less than 10 nor more than 20 days before the hearing, the applicant shall send, via first-class mail, a notice to each affected owner as specified in the above Subsection C(2)(a) and (b). The applicant must file an affidavit as to the mailing of such notices in accordance with this subsection with the Executive Secretary not less than five days before the hearing. The Commission shall publish notice of the new hearing date in the local newspapers at least 10 days before the date of the new hearing in the same manner as the original notice.

(3)

The Commission shall have 60 days after the close of the public hearing to make its decision to deny or recommend approval of the application to the Town Board. Such decisions shall be made at a meeting of the Commission.

(4)

The Commission can choose to amend an application in any manner, including, but not limited to, adding or deleting properties proposed for inclusion in a historic landmark district, or by limiting an application to the structure only and eliminating a site or structure included in an application for a historic landmark. In the event the Commission amends an application, it shall adopt a written statement of the reasons for doing so, which shall be included as an addendum to the application as part of its submission to the Town Board pursuant to Subsection D below.

(5)

If the Commission shall deny an application, the proceeding shall terminate, and the Commission shall not consider a new application for the same proposed historic landmark or proposed historic landmark district for one year thereafter.

(6)

The Executive Secretary shall file the written decision of the Commission with the Town Clerk, the Town Attorney's Office, the Building Department, the Department of Planning and Environmental Protection, and the Town Board and shall mail a copy to the applicant and the owner(s) of the affected properties within 10 business days after the decision of the Commission.

Submission to the Town Board.

(1)

A Commission recommendation to designate a proposed historic landmark or establish a proposed historic landmark district shall be delivered by the Town Clerk to the Town Board. The Town Board shall schedule a public hearing on the recommendation within 90 days after the filing of the Commission's decision with the Town Clerk. The Executive Secretary shall notify the applicant of the date for the public hearing at which the Town Board will consider the recommendation, and the applicant shall provide notice of such hearing in accordance with Subsection C(2) herein. The Town Clerk shall publish notice of the public hearing in the local newspapers at least 10 days before the date the recommendation is to be considered by the Town Board.

(2)

The Town Board shall, within 60 days after the close of the public hearing:

(a)

Accept the recommendation of the Commission;

(b)

Remand the recommendation of the Commission for further consideration or information with written findings of the Town Board in which it states specific concerns and its reasons for the remand; or

(c)

Reject the recommendation of the Commission, setting forth written findings of the Town Board in which it states its reasons for the decision.

[Amended 9-22-2022 by L.L. No. 15-2022]

Within 10 days of the Town Board's final action, the Town Clerk shall notify the Commission, the Building Department, the Department of Planning and Environmental Protection, the applicant, and the owner(s) of the affected properties. If the Town Board accepts the recommendation, the Town Clerk shall also notify the Nassau County Department of Assessment.