[HISTORY: Adopted by the Town Board of the
Town of Marbletown 2-15-2007 by L.L. No. 1-2007.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Environmental Conservation Commission — See Ch. 20.
Planning Board — See Ch. 64.
Zoning — See Ch. 200.
[1]
Editor's Note: This local law was originally
designated to be added as Chapter 36, but was renumbered to maintain
the organization of the Code. The Town Board authorized this renumbering
4-1-2008 by Res. No. 35-2008.
It is hereby declared as a matter of public
policy that the protection, enhancement and perpetuation of properties,
structures and areas of special character or special historic or aesthetic
interest is in the public interest and is necessary to promote the
economic, cultural, educational, and general welfare of the public.
Inasmuch as the identity of a people is founded on its past and inasmuch
as Marbletown has many significant historic, architectural and cultural
resources, which constitute its heritage, this chapter is intended
to:
A.
Protect and enhance the landmarks and historic districts
which represent distinctive elements of Marbletown's historic, architectural,
and cultural heritage;
B.
Foster civic pride in the accomplishments of the past;
C.
Protect and enhance Marbletown's attractiveness to
visitors and the support and stimulus to the economy thereby provided;
and
D.
Ensure the harmonious, orderly, and efficient growth
and development of the Town.
There is hereby created a commission to be known
as the Marbletown Historic Preservation Commission.
A.
The Commission shall consist of a minimum of five
and maximum of nine members, all of whom are residents of the Town
of Marbletown, to be appointed by the Town Supervisor subject to approval
by the Town Board to the extent available in the community as follows:
(1)
At least one shall be an architect experienced in
working with historic buildings;
(2)
At least one shall be an historian;
(3)
At least one shall be drawn from residents of a Marbletown,
State or National Register-listed Historic District;
(4)
At least one shall have demonstrated significant interest
in and commitment to the field of historic preservation evidenced
either by involvement in a local historic preservation group, employment
or volunteer activity in the field of historic preservation, or other
serious interests in the field; and
(5)
All members shall have a known interest in historic
preservation and architectural development within the Town of Marbletown.
B.
Commission members shall serve for a term of four
years, with the exception of the initial term of one class of the
members, which shall be one year; one class which shall be two years;
and one class which shall be three years in order to introduce staggered
terms and continuity on the Commission. Members will continue to serve
at their will until their successors are appointed.
C.
The Chair and Vice Chair of the Commission and other
officers shall be elected by and from the members of the Commission.
D.
The Commission may appoint associate members by a
majority vote by the Commission and upon approval by the Town Supervisor
and Town Board. Associate members are to serve on an advisory and
training basis for a one-year renewable term.
E.
The power of the Commission shall include:
(1)
Promulgating rules and regulations as necessary to
carry out the duties of the Commission;
(2)
Increasing public awareness of the value of historic,
cultural and architectural preservation by developing and participating
in public education programs;
(3)
Conducting surveys of significant historic, architectural,
and cultural landmarks and historic districts with the Town;
(4)
Recommending to the Town Board designation of identified
structures as individual landmarks and designation of areas of the
Town as historic districts;
(5)
Approving or disapproving applications for certificates
of appropriateness pursuant to this chapter;
(6)
Recommending to the Town Board possible acquisition
of facade easements or other interests in real property as necessary
to carry out the purposes of this chapter;
(7)
Recommending to the Town Board the possible utilization
of state, federal or private funds to promote the preservation of
landmarks and historic districts within the Town;
(8)
Recommending acquisition of a landmark structure by
the Town Board where its preservation is essential to the purposes
of this chapter and where private preservation is not feasible; and
(9)
Recommending employment, with the Town Board's approval,
of staff and professional consultants as necessary to carry out the
duties of the Commission.
F.
The Commission shall meet at least monthly unless
there are no applications pending before the Commission and no applications
waiting to be heard by the Commission, in which case no meeting of
the Commission shall be required to be held. Additional meetings may
be held at any time on the written request of any two of the Commission
members or at the discretion of the Chair. All meetings shall comply
with the New York State Open Meetings Law. A minimum of six meetings
of the Commission must be held during the course of each calendar
year, regardless of applications pending.
[Amended 6-7-2011 by L.L. No. 1-2011]
G.
A quorum is needed for the Commission to conduct its
business. A quorum for the transaction of business of the Commission
shall consist of more than half of the current members of the Commission.
[Amended 6-7-2011 by L.L. No. 1-2011]
A.
The Commission may recommend designation of an individual
property as a landmark to the Town Board, and the Town Board may subsequently
designate an individual property as a landmark if it:
(1)
Possesses special character or historic or aesthetic
interest or value as part of the cultural, political, economic or
social history of the locality, region, state or nation; or
(2)
Is identified with historic personages; or
(3)
Embodies the distinguishing characteristics of an
architectural style; or
(4)
Is the work of a designer whose work has significantly
influenced an age; or
(5)
Embodies a unique location or singular physical characteristic,
represents an established and familiar visual feature of the neighborhood;
or
(6)
Is listed on the State and/or National Registers of
Historic Places, or which is the subject of a pending application
for listing, where such property meets one or more of the criteria
of this section.
B.
The Commission may recommend designation of an area
of the Town as an historic district to the Town Board, and the Town
Board may subsequently designate an area of the Town as an historic
district if it:
(1)
Contains contiguous or noncontiguous properties which
meet one or more of the criteria for designation of a landmark; and
(2)
By reason of possessing such qualities, it constitutes
a distinct section of the Town.
(a)
The boundaries of each historic district designated
henceforth shall be specified in detail and shall be filed in writing
in the Town Clerk's office for public inspection.
(b)
The Commission in its discretion may identify noncontributing properties in an historic district. Such noncontributing properties will be subject only to the criteria set forth in § 128-5C(1) when determining whether certificates of appropriateness should be granted and will not be subject to the other restrictions set forth herein.
C.
In considering whether or not to recommend designation or to designate an individual property or area a landmark or district, in addition to the historic criteria set forth in § 128-3A and B of this chapter, the Commission and the Town Board may also take into consideration the wishes of the property owner and the ability of the current property owner to maintain said property.
D.
Nothing in this chapter shall preclude the Commission's recommendation for designation and the Town Board's subsequent designation of locally maintained Town roads, transportation corridors, and maritime transportation features of the Town as landmarks or as part of an historic district which meet the criteria set forth in § 128-3A and B above.
E.
A request for designation of an individual landmark or historic district may be initiated by any person or organization, including members of the Commission, on forms provided by the Town Clerk. A nonrefundable application fee payable to the Town of Marbletown shall accompany the application. Such fee shall be established by resolution of the Town Board and placed in the Town of Marbletown fee schedule. The fee may thereafter be amended from time to time by like resolution. A letter advising of an application submitted to the Town by a party other than the owner(s) of the property which is the subject of the application shall be sent via certified mail to the property owner(s) by the Town Clerk within three business days of the filing of the application with the Clerk. Upon the filing of such request and application fee with the Town Clerk, the Commission shall carefully evaluate said request to determine whether it has merit and is likely to meet the criteria set forth in § 128-3 of this chapter, or whether the request for designation should be dismissed by reason of lack of significance or incomplete application. The Commission shall review an application received by the Town Clerk at its next scheduled meeting so long as the application has been filed with the Town Clerk at least five business days prior to such meeting. Any application failing to meet the five-day filing deadline shall be reviewed by the Commission at the next scheduled meeting following the Commission meeting missed by the applicant due to the failure to file the application in accordance with the five-day deadline. At the meeting at which the Commission first reviews an application, the Commission shall determine whether the nomination should move forward in the designation process and whether the application for designation should be accepted, and it shall set a public hearing date on the request for designation to be held by the Commission if the application is accepted. Such public hearing shall be held within 32 days of setting the date for same.
[Amended 6-7-2011 by L.L. No. 1-2011]
F.
The Marbletown Town Clerk shall provide notice, timely
provided by the Commission to the Town Clerk, of an accepted request
for designation by first class mail to the owner(s) of the property
or properties proposed for designation, describing the property and
shall provide notice of a public hearing to be held by the Commission
to consider the recommendation. If the owner(s) of the property have
not signed the nomination application, notice must be sent to the
owner(s) by certified mail, and the applicant must be notified by
the Town Clerk in a timely manner by first class mail.
[Amended 6-7-2011 by L.L. No. 1-2011]
(1)
The
Town Clerk shall ensure that notice of the public hearing is published
at least once in a newspaper of general circulation at least 14 days
prior to the date of the public hearing.
(2)
Upon
reasonable request by an absent owner, the Commission will consider
a postponement of a hearing for a recommendation.
(3)
Simultaneously
with the mailing of such notice to the owner(s), the Town Clerk on
behalf of the Commission shall cause a copy of the same to be delivered
to the Marbletown Building Inspector.
(4)
Once
the Town Clerk has issued notice of a public hearing on an accepted
request for designation, no building or demolition permits shall be
issued by the Marbletown Building Inspector pending the resolution
of the application by the Commission and Town Board.
(5)
Should the Commission fail to open a public hearing on the request for designation within the time frame set forth in § 128-3E, absent a request by a property owner pursuant to § 128-3F(2), the Building Inspector shall treat the property or properties under consideration as if the Commission has dismissed the application for lack of significance.
G.
The Commission shall hold its duly advertised public
hearing on the date set forth in the notice prior to submitting a
recommendation for designation of any landmark or historic district
to the Town Board. Testimony or documents submitted at the hearing
by the Commission, owner(s), and any interested parties shall become
part of a record regarding the archaeological, historic, architectural
or cultural importance of the proposed landmark or historic district.
H.
The Commission shall make a decision on the accepted
request for designation within 32 days of the close of the public
hearing(s). The Commission shall promptly deliver a copy of its decision
to the Town Clerk who shall then promptly send by certified mail a
copy of the Commission’s decision to the owner(s) of the property
or properties and the applicant, and provide copies to the Town Board
and copies to the Building Inspector and the Town Assessor. The Commission’s
decision shall be in writing and shall state the reasons therefor.
[Amended 6-7-2011 by L.L. No. 1-2011]
I.
If the Commission votes to recommend designation of
the property as a landmark or properties as an historic district,
the Town Board shall hold a duly noticed public hearing, at which
members of the public and any aggrieved property owners will be given
an opportunity to comment, within 62 days of the filing of the Commission’s
decision with the Town Clerk. The Town Clerk, at the Town Board’s
direction, shall provide notice by certified mail to owner(s) of the
property or properties and the applicant at least 10 days prior to
the public hearing. Following the public hearing, the Town Board shall
decide to designate or not designate the property or properties. If
the Board does not act within 32 days of the close of the required
Town Board public hearing, the request for designation will be deemed
denied by the Town Board. The Town Board shall endeavor to make a
determination on each recommendation for designation received from
the Commission.
[Amended 6-7-2011 by L.L. No. 1-2011]
J.
The decision of the Town Board to designate a landmark or historic district shall be based on findings of the Commission and the criteria as stated in Subsections A through C of this section and such designation shall be set forth in Appendix A to this chapter.[1] Should the Town Board decide not to designate a property or properties recommended for designation by the Commission, the Commission may reconsider the property at a later date after the passing of 12 months of time and either a change in circumstances or upon the discovery of new information demonstrating how the property meets the designation requirements, by recommencing the procedure outlined in Subsections E through I above. Decisions of the Town Board shall be filed with the Town Clerk within five days.
[1]
Editor's Note: Appendix A is on file in the
office of the Town Clerk.
K.
When a designation is filed with the Town Clerk as
approved by the Town Board, the Town Clerk shall forward notice of
each property designated as a landmark and the boundaries of each
designated historic district to the office of the Ulster County Clerk
for recording and to the affected property owners.
[Amended 6-7-2011 by L.L. No. 1-2011]
A.
No person shall carry out any exterior alteration,
restoration, reconstruction, demolition, new construction or moving
of a building designated as a landmark or any property within an historic
district, nor shall any person make any material change in the exterior
appearance of such a property where such would affect the appearance
and cohesiveness of either the landmark or of the historic district,
without first obtaining a certificate of appropriateness from the
Commission.
(1)
This chapter does not regulate or apply to interior
spaces. A certificate of appropriateness is not required for interior
alterations.
(2)
For a property designated as a landmark or which is
located in an historic district, the applicant and the Commission
may consult together on alterations proposed to interiors open to
the public on a regular basis.
B.
The Town Building Inspector shall be responsible for
administering and maintaining records of the applications for a certificate
of appropriateness, whether or not they are accompanied by an application
for a building permit. The Building Inspector shall have the same
enforcement capability with respect to a certificate of appropriateness
that the Inspector exercises with respect to a building permit or
any other municipal approval.
C.
No fees shall be collected for filing an application
for a certificate of appropriateness.
D.
Before acting on or forwarding to the appropriate
board any application for a variance, special use permit, site plan,
building permit, demolition permit, sign permit or subdivision, the
Building Inspector shall first consult a current list of all properties
designated either as individual landmarks, or as contained within
historic districts, to determine the requesting property's status.
The Building Inspector shall also verify that the property is not
the subject of an accepted request for designation.
E.
Applications affecting a landmark property or any
property within an historic district under this chapter shall be referred
promptly by the Building Inspector to the Commission for its recommendations
in order to facilitate the review process and for a certificate of
appropriateness. Applications affecting structures or premises listed
in the National or State Registers of Historic Places that are not
locally designated shall be referred to the Commission so that the
Commission may act in an advisory capacity during the land use approval
process.
A.
The Commission's decisions on all applications for
certificates of appropriateness shall be based upon the following
principles:
B.
Historic properties shall be retained with their historic
features altered as little as possible.
C.
Any alteration of existing property shall be compatible
with its historic character, and with the historic character of surrounding
properties, if any. Changes that may have taken place in the course
of time are evidence of the history and development of a building,
structure or site and its environment. These changes may have acquired
significance in their own right, and, where appropriate, the significance
shall be recognized and respected. Contemporary design for alterations
and additions to existing properties shall not be discouraged when
such alterations and additions do not destroy significant historical,
architectural or cultural material and such design is compatible with
the size, scale, material and character of the property, neighborhood
or environment.
(1)
Alterations to noncontributing properties in an historic
district will be reviewed for compatibility with the character of
the neighborhood.
D.
New construction shall be compatible with the historic
character of its surroundings.
E.
In determining compatibility of alterations and new
construction with landmarks and historic districts, the Commission
shall consider the following factors:
(1)
The existing architectural and zoning standards encoded
in Marbletown Law;
(2)
The existing general design, character and appropriateness
to the property of the proposed alteration or new construction;
(3)
The scale or proposed alteration or new construction
in relation to the property itself, surrounding properties, and the
neighborhood;
(4)
Texture, materials, form, massing, size, spacing,
structural elements, proportion, and illumination and their relation
to similar features of other properties in the neighborhood;
(5)
Visual compatibility with surrounding properties,
including proportion of the property's front facade, proportion and
arrangement of windows and other openings within the facade, and roof
shape;
(6)
The importance of historic, architectural or other
features to the significance of the property; and
(7)
A property's status as a noncontributing property,
which consideration may be relevant to the decision of the Commission
but in no instance determinative.
A.
Prior to the commencement of any work requiring a
certificate of appropriateness, the owner shall file an application
for such a certificate with the Commission. The application shall
contain:
(1)
Name, address and telephone numbers of applicant;
(2)
Location and photographs of property;
(3)
Detailed description of proposed changes;
(4)
Perspective and elevation drawings, including relationship
to adjacent properties;
(5)
Where the proposal includes signs or lettering, a
scale drawing showing the type of lettering to be used, all dimensions
and colors, a description of materials to be used, method of illumination,
and a plan showing the sign's location on the property; and
(6)
Any other information which the Commission may deem
necessary in order to visualize the proposed work.
B.
No building permit, demolition permit or other required
permit shall be issued by the Building Inspector for such proposed
work on a landmark property or a property within an historic district
until a certificate of appropriateness has first been issued by the
Commission.
C.
The certificate of appropriateness required by this
chapter shall be in addition to and not in lieu of any permits or
approvals the Town may require or any other laws or regulations.
D.
The Building Inspector shall refer such permit application
for a Landmark property or a property within an historic district
to the Commission within ten working days of receipt.
E.
The Commission shall approve, approve with modifications,
or deny a certificate of appropriateness on such permit within 62
days from receipt of the completed application. The time may be extended
at the written request of, or with the consent of, the applicant.
[Amended 6-7-2011 by L.L. No. 1-2011]
(1)
During
this time, the applicant or applicant’s representative may meet
with the Commission to consider alternative designs if needed, advice
on technologies, available restoration skills and possible financial
assistance.
(2)
The
Commission may also hold a public hearing on the application, at which
an opportunity will be provided for proponents and opponents of the
application to present their views.
F.
All decisions of the Commission shall be in writing.
A copy shall be sent to the applicant by certified mail, return receipt
requested, and also a copy shall be filed with the Town Clerk and
the Town Building Inspector for public inspection. The address used
for such notification shall be the address of the applicant as shown
on the application for the building permit. The Commission's decision
shall state the reasons for granting or denying any application.
G.
Certificates of appropriateness shall be valid for
12 months, after which time the owner must reapply if work pursuant
to the certificate of appropriateness has not commenced.
A.
All work performed pursuant to a certificate of appropriateness
issued under this chapter shall conform to any requirements included
therein.
B.
It shall be the duty of the Building Inspector to
inspect any such work to assure compliance. In the event work is found
that is not being performed in accordance with the certificate of
appropriateness or upon notification of such fact by the Commission,
the Building Inspector may issue a stop-work order whereupon all work
shall immediately cease.
(1)
No further work shall be undertaken on the project
as long as a stop work order is in effect. Any nonconforming work
shall be removed unless approved by the Commission.
A.
Nothing in this chapter shall be construed to prevent
the ordinary maintenance and repair of any exterior architectural
feature of a landmark, a property or properties under consideration
for landmark or historic district designation, or a property within
an historic district which does not involve a change in design, material,
or outward appearance.
B.
No owner or occupant of real property designated as
a landmark or included within an historic district shall permit the
property to fall into a serious state of disrepair so as to result
in the deterioration of any exterior architectural feature which would,
in the judgment of the Commission, produce a detrimental effect upon
the character of a landmark or an historic district as a whole or
the life and character of the property itself. Examples of such deterioration
include:
(1)
Significant deterioration of exterior walls or other
vertical supports:
(2)
Significant deterioration of roofs or other horizontal
members;
(3)
Significant deterioration of exterior chimneys;
(4)
Significant deterioration or crumbling of exterior
stucco or mortar;
(5)
Significant ineffective waterproofing of exterior
walls, roofs or foundations, including broken windows or doors; and
(6)
Any deterioration of any feature so as to create a
hazardous condition that could lead to the claim that demolition is
necessary for the public safety.
C.
The Commission shall conduct periodic surveys of buildings
designated as landmarks to determine that they are not in a state
of serious disrepair and that no alterations have been made in the
features described in preceding sections of this chapter without the
owner having first obtained a certificate of appropriateness. Assistance
of the Building Inspector may be requested as required in such surveys.
D.
If the owner(s) are not seeking to alter the property
but cannot afford to maintain its structural integrity, the Commission
and the owner(s) shall consult in good faith to find the means to
preserve the property.
E.
If, after receiving from the Commission or Building Inspector written notification of alleged negligence, the owner(s) seek to maintain structural integrity through alteration or removal of historic features, the Commission shall review the application for certificate of appropriateness against the criteria established in § 128-5B through D. If the owner(s) are denied a certificate of appropriateness, then the Commission and the owner shall consult in good faith to find alternative means to preserve the property. During this period of consultation, which may last up to 32 days, all fines shall be waived and no building permit or demolition permit shall be issued until there is agreement between the applicant and the Commission. This period of consultation may be extended by mutual agreement. If however, no agreement can be reached, then the owner(s) may proceed with an appeal as indicated in § 128-9.
An applicant may commence the hardship process
32 days after receiving written notification from the Commission of
the denial of a certificate of appropriateness. No building permit
or demolition permit shall be issued until there has been an agreement
between the applicant and the Commission or the hardship process has
been exhausted. During the thirty-two-day period of consultation,
it is in the applicant's best interest to consult in good faith with
the Commission, local preservation groups, and interested parties
in a diligent effort to seek an alternative that will result in preservation
of the property. In the appeal process:
A.
Any person whose application for a certificate of
appropriateness has been denied by the Commission may apply for relief
on the ground of hardship, within 62 days of the filing of the decision
in the office of the Building Inspector, by making a written application
to the Building Inspector for review of the decision by the Town Board.
B.
The Town Board shall review the denial at its next
regularly scheduled meeting after a complete application for review
is filed with the Building Inspector and the Town Clerk, at which
an opportunity to comment on the application is afforded to all interested
parties or any member of the public by public hearing.
C.
The Town Board shall decide the application within
62 days after the close of the public hearing.
D.
A majority vote of the Town Board shall be necessary
to reverse or modify a decision of the Commission.
E.
In order to prove hardship, the applicant shall demonstrate
to the Town Board that:
(1)
The applicant cannot realize a reasonable return,
regardless of whether that return represents the most profitable return
possible, or, in the case of property used for charitable purposes,
that its charitable use is being prevented;
(2)
The alleged hardship relating to the property is unique
and does not apply to a substantial portion of the district or neighborhood;
(3)
The requested use, if approved, would still conform with the designation of landmarks and historic districts as described in § 128-3 of this chapter; and
(4)
The alleged hardship has not been self-created, which
consideration shall be relevant to the decision of the Town Board
but not necessarily preclude the granting of relief.
F.
In the case of denial of a demolition or removal permit by the Building Inspector, the applicant shall, in addition to Subsection E above:
(1)
Show that the property cannot be adapted for any other
use which would result in a reasonable return without compromising
its historic integrity, whether by the current owner or by a willing
purchaser; and
(2)
Show that documented effort over a period of 12 months
has failed to find a purchaser willing to acquire and preserve the
property's historic integrity.
A.
Any person aggrieved by a decision of the Commission
or the Town Board's support of such commission decision regarding
landmark designations or a certificate of appropriateness may pursue
all appropriate remedies under Article 78 of the Civil Practice Law
and Rules on the ground that such decisions are illegal, in whole
or in part, after all administrative remedies set forth herein have
been exhausted.
B.
Costs shall not be allowed against the Town Board,
the Commission or their members individually or collectively unless
it shall appear to the Court that they acted with gross negligence
or in bad faith or with malice in making their decision.
A.
Failure to comply with any of the provisions of this
chapter shall be deemed a violation, and the violator shall be liable
for a fine of not less than $25 or more than $200 for each day the
violation exists. The Code Enforcement Officer shall consider any
good faith efforts made by a property owner to comply with this chapter
and circumstances out of the property owner's control in seeking to
have any fine imposed under this chapter.
B.
Any person who constructs, alters, demolishes or permits
a property designated as a landmark to fall into a serious state of
disrepair in violation of this chapter shall be required to restore
the property and its site to its appearance prior to the violation.
Any action to enforce this chapter shall be brought by the Town Attorney,
who shall be entitled to recover, in addition to the fine, all costs
and expenses incurred by the Town in pursuing compliance with this
chapter.
C.
This civil remedy shall be in addition to and not
in lieu of any criminal prosecution and penalty.
If any part or provision of this chapter or
the application thereof to any person or circumstance be adjudged
invalid by any court of competent jurisdiction, such judgment shall
be confined in its operation to the part of the provision or application
directly involved in the controversy in which such judgment shall
have been rendered and shall not affect or impair the validity of
the remainder of this chapter or the application thereof to other
persons or circumstances.
A.
Unless specifically defined below, words or phrases
used in this chapter shall be interpreted so as to give them the meanings
they have in common usage and to give this chapter its most reasonable
application.
B.
ALTERATION
ASSOCIATE MEMBER
CONSTRUCTION
CERTIFICATE OF APPROPRIATENESS
FACADE EASEMENT
FORM
HARDSHIP
HISTORIC DISTRICT
LANDMARK
MAINTENANCE
NONCONTRIBUTING PROPERTY
OWNER(S)
REPAIR
RHYTHM
SPACING
As used in this chapter, the following words shall
have the meanings indicated:
Any act or process that changes one or more present exterior
features of a Landmark or property in an historic district by change
in material, texture, composition, location or removal and/or replacement
of any existing material not in kind. For the purposes of this chapter,
a change in paint color is not considered an alteration.
A member of the Commission who does not have voting power
and serves in an advisory capacity only.
Any act of erecting an addition to an existing structure
or the erection of a new principal or accessory structure on a lot
or property.
A permit issued by the Marbletown Historic Preservation Commission
allowing exterior alteration, restoration, reconstruction, demolition,
new construction or moving of a building designated as a landmark
or any property within an historic district.
A type of preservation easement derived from the charitable
donation to an organization that is exempt from tax under Internal
Revenue Code, Section 501(c)(3). A legal agreement designed to protect
a significant historic, archaeological or cultural resource in which
the current historical property owner is assured that the building's
front facade will be maintained, protected and preserved forever.
The shape and structure of a building as distinguished from
the material of which it is composed.
The inability to earn a reasonable return. If the property
is used for charitable purposes, prevention of the owner's charitable
purpose constitutes a hardship. A charity is an organization that
is exempt from tax under Internal Revenue Code, Section 501(c)(3).
All property within a defined area designated by the Town
Board because it contains a significant concentration of structures,
landscape features, sites or objects having historic, architectural,
archaeological, cultural or aesthetic significance which are contextually
united.
A designation by the Town Board which may include any structure,
landscape feature, site or area having historic, architectural, archaeological,
cultural or aesthetic significance.
The act of keeping a building in a state of repair.
A property located in an historic district which is of itself
of little historic value or interest, but does, by virtue of its location,
perform an important function of maintaining the character of a district.
Deed holder; legal representative or surrogate.
Replacement in kind or refurbishing of material on a structure.
The regular recurrence of similar features in a building.
The distance between any two objects in a regularly arranged
series.
