[HISTORY: Adopted by the Town Board of the Town of Greenburgh 6-25-2003
by L.L. No. 7-2003. Amendments noted where applicable.]
A.
The Town Board of the Town of Greenburgh hereby finds
and declares that it is desirable to take measures to provide for the designation
of historic districts and landmarks in furtherance of the following public
purposes, which are found to promote the economic benefits, the cultural and
educational advantages, and the general welfare of the Town of Greenburgh:
(1)
To provide for the protection, enhancement, perpetuation
and use of those districts, sites, buildings, structures and objects which
are illustrative of the growth and development of our nation, our state and
our Town and which are of particular historic or aesthetic value to the Town
of Greenburgh.
(2)
To foster civic pride in those elements of the Town's
past which have given the Town of Greenburgh its unique character and set
it apart from other communities.
(3)
To recognize and ensure the preservation of those elements
of the Town's past which represent the many and varied architectural, artistic,
technological and cultural achievements, which cannot be duplicated or otherwise
replaced.
(4)
To promote the use and preservation of landmark buildings,
historic districts, structures, sites and objects as a means of providing
enjoyment and unique educational benefit by perpetuating the physical evidence
of the Town of Greenburgh's past.
(5)
To stabilize and improve property values of such historic
districts, buildings, structures, sites and objects and otherwise promote
their reuse.
(6)
To protect and enhance the Town's attractions to tourists
and visitors thereby providing support and stimulus to business and industry.
B.
The Town Board of the Town of Greenburgh hereby further
finds and declares that demolition or decay of historic landmarks and inappropriate
or poor quality of design in the exterior appearance of landmarks or buildings
erected in potential historic districts adversely affect the desirability
of the immediate area and neighboring areas, impair the benefits of occupancy
of existing property, impair the stability and value of both improved and
unimproved real property, lead to demolition and decay, and reduce the taxable
value of real property in relation to the cost of municipal services provided
for the benefit of such real property.
As used in this chapter, the following terms shall have these meanings,
as indicated:
Any act or process which changes one or more of the features of a
structure, building, site or object designated as a landmark or any structure,
building, site or object in an historic district.
The Town of Greenburgh Historic and Landmarks Preservation Board.
A structure, inclusive of residential, commercial, institutional,
municipal, etc., wholly or partially enclosed within exterior walls, or within
exterior or party walls and a roof, which may afford shelter to persons, animals
or property.
A certificate issued by the Historic and Landmarks Preservation Board pursuant to § 235-8 herein.
Any act of erecting an addition to an existing structure, building,
site or object or the erection of a new principal or accessory structure on
a lot or property.
Any act or process that contributes to the neglect of and/or destroys,
in part or in whole, a structure, building, site or object within an historic
district or a building, site or object designated as a landmark.
The architectural style, design, general arrangement and components
of all the outer surfaces of any building, structure, site or object, including
but not limited to the kind, color and texture of the building materials and
the type, size and style of all windows, doors, lights, signs and other fixtures
appurtenant to said building or structure, and trees, landscaping, artwork,
sidewalks, steps, driveways, paving, stone walls, gates and gateposts, and
fences to the extent they are an integral part of the architectural, or historic
nature of the building, structure, site or object.
Any geographical area of the Town designated pursuant to the criteria set forth in this chapter. (See § 235-5 for explanation of characteristics.)
The architectural style, design, general arrangement and components
of, or on all of, the interior surfaces of an interior landmark, including
but not limited to the kind, color and texture of the building materials and
the type and style of all windows, doors, lights, signs and other fixtures
appurtenant to said building or structure.
An interior, or part thereof, of a building, structure or object
which is customarily open or accessible to the public, or to which the public
is customarily invited and which has a special historical or aesthetic interest
or value as part of the development, heritage or cultural characteristics
of the Town, state or nation, and which has been duly designated as an interior
landmark pursuant to the provisions of this chapter.
A building, structure, site, object or parcel of land, designated pursuant to this chapter, which may or may not be located in a designated historic district. (See § 235-5 for explanation of characteristics.)
Any change that will affect either the exterior historical, architectural
or environmental features of a landmark or that will impact upon an historic
district or any change that will affect the interior architectural or historic
features of an interior landmark.
Buildings that are operated predominately through public funding
and are open to the public.
Any relocation of a building, structure or object on its site or
to another site.
Any mechanical or physical alteration to a building, structure or
object that does not involve a change in design, material, texture, color,
or outward appearance.
A lot or an assemblage of tax lots, designated on the Official Assessment
Map of the Town of Greenburgh, owned by one property owner. If any part of
this assemblage is designated a landmark or is in an historic district, then
the entire assemblage is subject to the regulations governing the landmark
or historic district.
Any assembly of materials forming a construction framed of component
structural parts for occupancy or use, including buildings.
A style recognized by one or more of the following:
The National Register of Historic Places.
The Historic American Building Survey.
The Historic American Engineering Record.
The New York State Office of Parks, Recreation and Historic Preservation.
The National Trust for Historic Preservation.
The Society of Architectural Historians.
A.
There is hereby created an Historic and Landmarks Preservation
Board for the Town of Greenburgh. The Town Board shall solicit resumes of
candidates to fill open, vacated and expiring Board positions. This solicitation
shall include advertising in the official newspapers of the Town at least
30 days prior to an appointment. All candidates shall submit resumes in order
to be considered for an appointment. Vacated and expired positions shall be
filled expeditiously.
B.
Board membership; support staff.
(1)
The Board shall consist of seven members appointed by
a majority vote of the Town Board. When selecting members, the Town Board
shall endeavor to achieve geographic representation from all areas of the
Town of Greenburgh. All Board members must be residents of the Town of Greenburgh
and must have a demonstrated interest, competence or knowledge of historic
preservation techniques and the Certified Local Government (CLG) Standards
administered by the Field Services Bureau of the New York State Office of
Parks, Recreation and Historic Preservation (OPRHP). The Board shall consist
of the following, to the extent available in the community:
(a)
At least one Board member shall have demonstrated significant
interest in and commitment to the field of historic preservation evidenced
either by involvement in an established local historic preservation group
or employment or volunteer activity in the field of historic preservation.
(b)
To the extent that such professionals are available,
Board members should represent the disciplines of history, architectural history,
architecture, archeology and other historic preservation related professions.
At least one shall be a planner, landscape architect or engineer with experience
working with historic buildings.
(c)
At least one shall be a registered architect.
(d)
At least one shall be a licensed real estate professional.
(e)
At least one shall be an owner/occupant in an historic
district (if such a district has been designated at the time of the appointment).
(2)
The Commissioner of Conservation and Community Development
(hereinafter "Commissioner") or the Commissioner's designee shall be an ex
officio nonvoting member of the Board, and the staff of the Planning Department
shall serve as staff to the Board for the purpose of conducting and coordinating
studies and research and providing other material and information necessary
for the Board to exercise its powers and duties.
C.
Board members will be strongly encouraged to avail themselves
of training in historic preservation standards and in the duties of the Board.
D.
Each member shall serve a term of three consecutive years,
except for the first appointments to the Board, of whom two members shall
serve three years, two members shall serve two years, and three members shall
serve one year. Members shall serve on the Board without compensation. All
members shall continue to hold office until their successors have been appointed
and qualified. All resignations from the Board shall be submitted in writing
to the Chairperson of the Board and forwarded to the Town Board. Persons shall
be appointed by the Town Board to fill unexpired terms.
E.
Once the Board is constituted, the Chairperson and Vice
Chairperson of the Board shall be elected by a majority of the Board members.
The Vice Chairperson shall be Acting Chair of the Board in the absence of
the Chairperson.
F.
The Board shall set meeting dates and adopt such procedures
pertaining to its duties as are necessary for it to properly perform its functions
as set forth herein and as are consistent with the laws of the nation, state
and Town.
G.
All meetings of the Board shall be held in accordance
with the applicable provisions of the New York State Public Officers Law and
Open Meetings Law.[1] Every rule, regulation, guideline, amendment or repeal thereof
and every order, requirement, decision or determination of the Board shall
be filed with the Planning Department and the Town Clerk and shall be a public
record.
[1]
Editor's Note: See Public Officers Law Art. 7.
H.
Meetings of the Board shall be held once a month, if needed, but no less than four times a year, on a date agreed upon by all Board members and avoiding conflict with the meeting dates of other established Town boards and umbrella civic associations. Four members shall constitute a quorum, and actions may be taken by a vote of a majority of members present and voting, except that the affirmative votes of four or more members shall be required to recommend designation of an historic district or landmark, to refuse to grant a certificate of appropriateness, to grant a certificate of appropriateness or to grant a certificate of appropriateness with conditions, or to act pursuant to § 235-8 of this chapter.
I.
Board members shall be required to exempt themselves from voting on any project in which their own, a member of their immediate family's, or a relative's financial interests, as defined by Chapter 570 of the Code of the Town of Greenburgh, are directly involved. Board members shall complete the annual disclosure statement required under the Town of Greenburgh Code of Ethics.
The Town of Greenburgh Historic and Landmarks Preservation Board shall
perform the duties as described herein:
A.
Prepare reports for and recommendations to the Town Board
on nomination or rescission of areas, buildings, structures, sites or objects
as landmarks or historic districts.
B.
Issue or deny certificates of appropriateness for buildings,
structures, sites or objects in historic districts or designated as landmarks.
C.
Maintain and revise annually public listings of historic
sites, buildings, structures, objects or districts and data about them in
a manner and form that are consistent with that established by the New York
State Office of Parks, Recreation and Historic Preservation.
D.
Establish procedures for identification and nomination
of historic districts and of buildings, structures, sites and objects as landmarks.
E.
Formulate design guidelines for landmarks and historic
districts to be approved and adopted by the Town Board. These guidelines shall
conform to the standards set forth in "The Secretary of the Interior's Standards
for Rehabilitation and Guidelines for Rehabilitating Historic Buildings" prepared
by the U.S. Department of the Interior, National Park Service and The Treatment
of Historic Properties.
F.
Formulate recommendations concerning the establishment
of an appropriate system of markers for selected historic and/or architecturally
significant buildings, structures, sites, objects or districts, including
proposals for the installation and care of such historic markers.
G.
Formulate recommendations concerning the preparation
and publication of maps, brochures and descriptive material about the Town's
historic and/or architectural features and resources.
H.
Cooperate with and advise the Town Board, the Planning
Board, the Zoning Board of Appeals and other Town boards, agencies, departments,
bureaus and offices as well as civic associations regarding matters involving
historic and/or architecturally significant sites, buildings, structures and
objects, including signs.
I.
Encourage and promote education about historic landmarks
and districts within the Town of Greenburgh.
J.
Cooperate with and enlist assistance from the National
Park Service, the New York State Office of Parks, Recreation and Historic
Preservation (OPRHP), and other state, national or local public or private
agencies or groups concerned with historic buildings, structures, sites, objects
or districts.
K.
Provide advice and guidance to property owners, and any
and all government agencies, about historic buildings, structures, sites or
objects and on issues of preservation relating to their properties.
L.
Advise the Town Board of gifts and grants available to
the Town that would contribute to the preservation of historic artifacts and
landmarks and that would further historic preservation planning and documentation.
M.
File an annual report regarding its activities with the
Town Board.
N.
Work in cooperation with the Planning Board, Town staff
and other state, county and local historic preservation agencies toward the
goal of promoting and preserving the Town's rich cultural heritage.
O.
Adopt rules and regulations as necessary for the conduct
of its business.
A.
In order to promote the general welfare through the preservation
and protection of buildings, structures, sites, objects and areas of historical
or architectural interest, historic districts and landmarks shall be designated
as provided herein.
B.
The Board may recommend that the Town Board designate
an individual structure, building, object or site as a landmark if it possesses
one or more of the following characteristics:
(1)
Is associated with persons or events of historic significance
to the Town, region, state or nation.
(2)
Is illustrative of historic growth and development of
the Town, region, state or nation.
(3)
Embodies distinctive characteristics of an architectural
type, period or method of construction.
(4)
Is the work of a designer whose work has significantly
influenced an age.
(5)
Contains unique architectural, archaeological or artistic
qualities.
(6)
Has been duly included on the National Register.
C.
The Board may recommend that the Town Board designate
an area of the Town as an historic district if it:
(1)
Possesses the following characteristics:
(a)
Has special character and special historic value by virtue
of its inclusion of properties that meet one or more of the criteria for designation
as a landmark; and
(b)
Represents one or more periods or styles of art or architecture
typical of one or more past eras; and
(c)
Geographically combines such factors in a distinct and
identifiable portion of the Town so as to constitute a discernible entity;
or
(2)
Has been duly included on the National Register of Historic
Places maintained by the United States Secretary of the Interior; or
(3)
Has been duly included on the New York State Register
of Historic Places maintained by the New York State Office of Parks, Recreation
and Historic Preservation.
D.
A proposal for the designation of a building, structure,
site or object as a landmark or an area as an historic district may be submitted
to the Board by any person or any public or private entity. The proposal shall
be in writing and include the following:
(1)
A proposal to designate a building, structure, site or
object for preservation as a landmark shall include:
(a)
A concise description of the physical elements, qualities,
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 designation criteria of "landmark" as provided in § 235-5B of this chapter.
(c)
Exterior photographs of the building, structure, site or object, where feasible, and a site map illustrating the characteristics enumerated in § 235-5B in this chapter.
(d)
The name and address of the property owner(s), including
section, block and lot number(s) as designated on the Official Map of the
Town of Greenburgh.
(e)
The name, address and telephone number of the person,
agency, organization or entity which submitted the proposal and the person,
organization, agency, or entity represented.
(2)
A proposal to designate areas for preservation as historic
districts shall include:
(a)
A concise statement of the physical elements which make
the area an historic district and a description of all buildings, structures,
sites and objects located within the proposed district, with special note
of types, architectural styles and periods represented.
(b)
A concise statement of how the district meets the criteria of "historic district" as provided in § 235-5C of this chapter.
(c)
A map showing the boundaries of the proposed district
and the location of landmarks, buildings, structures, sites or objects therein.
(d)
A justification of the boundaries of the district.
(e)
Exterior photographs of buildings in the proposed district.
(f)
The name and address, including section, block and lot
number(s), of every property owner within the proposed district.
(g)
The name, address and telephone number of the person,
agency, organization or entity which submitted the proposal and the person,
organization, agency, or entity represented.
E.
The owner(s) of the property shall be notified when the
application meets the basic filing requirements as set forth above.
F.
The Board shall determine the precise method by which
all proposals to designate historic districts and landmarks are processed
so long as the mandatory requirements of this chapter are satisfied.
G.
In connection with its review of a proposed designation
of a landmark or historic district, the Board may obtain professional expertise
before submitting its recommendations to the Town Board. The Board may seek
assistance from staff, universities, private preservation organizations, the
New York State Office of Parks, Recreation and Historic Preservation and other
review commissions or private consultants.
H.
The Board shall issue a report of its findings. Any report
shall include a statement of how the building, structure, site, object or
district complies with or fails to comply with applicable designation criteria
as set forth within this chapter. Such report shall be directed to the Town
Board if the report recommends designation of a proposed landmark or historic
district.
I.
If the Board recommends designation of a proposed landmark
or historic district, the Town Board shall review the recommendation of the
Board. The Town Board's review shall be based on the record that was before
the Historic and Landmarks Preservation Board and the designation criteria
contained in this chapter.
J.
After receiving a report that proposes a designation
from the Board, the Town Board shall refer the report and proposal to the
Planning Board for its recommendations and advice as to the proposed landmark's
or district's compatibility with the Town's Comprehensive Plan, Town's Open
Space Plan, Urban Renewal Plans and/or other relevant reports and documents.
The Planning Board shall submit its recommendation to the Town Board within
60 days or within such additional time period that shall be determined by
mutual consent of the Town Board and the Planning Board.
K.
Should the Planning Board find the Historic and Landmark
Preservation Board's recommended designation warrants further consideration,
the Town Board shall hold a public hearing on the proposed designation. Legal
notice of the public hearing shall be published in the official newspaper
of the Town.
(1)
The legal notice of the public hearing regarding a proposed
landmark shall include the name of the owner(s) of record, contact person
or agent, and the address, including section, block and lot number(s), of
any building, structure, site or object proposed to be a landmark. A copy
of the legal notice shall be sent by registered mail, return receipt requested,
to the owner(s) of record.
(2)
The legal notice of the public hearing regarding a proposed
historic district shall contain a map or tax map clearly delineating the boundaries
of the proposed district and a description listing the tax section, block
and lot number(s) within the proposed district. A copy of the legal notice
shall be sent by registered mail, return receipt requested, to all property
owners within the proposed district, the president of any civic, business
or other such similar organization(s) known to exist and represent the area
in which the proposed district is located.
L.
The Town Board, after holding a duly noticed public hearing,
may:
Landmark or historic district designation may be rescinded by the Town
Board, after a public hearing, as follows:
No alteration may be made and no application for approval of a zone change, variance, special permit, subdivision, site plan, building permit, demolition permit or sign permit shall be granted for any property proposed as a landmark or as part of a proposed historic district from the date of the filing of the proposal with the Board until the Board recommends to deny the proposed designation or the final disposition of the Town Board. However, if such application is for alteration, removal or demolition necessary to protect the public health, welfare or safety that is jeopardized by the imminent danger of collapse of a building, structure or any part thereof, the Board may hold a special meeting to address the issues. In no event shall any complete designation proposal application, as defined in § 235-5 of this chapter, be delayed more than 180 days.
A.
Notwithstanding any other law, ordinance, code, rule
or regulation concerning the issuance of building, demolition, subdivision,
or other permits or approvals, none of the following activities shall be commenced
without the issuance of a certificate of appropriateness:
(1)
Any alteration which causes any material change in appearance
of any exterior feature of a building, structure, site or object in a designated
historic district or of a designated landmark.
(2)
Any new construction in a designated historic district
or on the site of a designated landmark.
(3)
Any demolition or removal of a building, structure, site
or object in a designated historic district or of a designated landmark.
B.
The certificate of appropriateness required by this section
shall be in addition to, and not in lieu of, any building, sign or other permit
that may be required by any state or local requirement or regulation. Nothing
in this chapter shall preclude compliance with all other applicable state
and local requirements, including but not limited to the necessity of obtaining
a building permit. A certificate of appropriateness must be granted before
the issuance of the building permit by the Building Department.
C.
An application for a certificate of appropriateness shall
be submitted to the Board in such form and include such written information
and data and such plans, elevations, drawings, schedule for completion, etc.,
as the Board or the Board's professional staff may require. The Board shall
commence review of said application within 90 days of receipt of an application
which complies with the requirements of the Board given the scope of the application.
D.
In passing upon an application for a certificate of appropriateness,
the Board shall not consider changes to interior spaces, except in cases where
the interiors have been duly designated as interior landmarks.
E.
Within 90 days after an application is certified as meeting the requirements of § 235-8C, or within such additional time period as the Board and the applicant may agree, the Board shall hold a meeting open to the public and shall vote on whether the proposed change will be appropriate to the preservation of the district or the landmark in view of the purposes of this chapter.
(1)
Regarding landmarks, the Board shall apply, at a minimum,
the United States Secretary of the Interior's Standards for Rehabilitation
and Guidelines for Rehabilitating Historic Buildings and shall consider, in
addition to any other pertinent factors, the historical and architectural
style, general design arrangement, texture, material and color of component(s),
sign(s), landscaping, extraneous buildings and/or artwork involved.
(2)
Regarding historic districts, the Board shall base its
decision upon the following principles:
(a)
Properties which contribute to the character of the historic
district shall be retained. The Board shall apply, at a minimum, the United
States Secretary of the Interior's Standards for Treatment of Historic Properties
and shall consider, in addition to any other pertinent factors, the historical
and architectural style, general design arrangement, texture, material and
color of component(s) or sign(s) involved and the relationship thereof to
other buildings, structures, sites or objects in the district.
(b)
Any alteration of existing property shall be compatible
with its historic character, as well as with the character of the district
in which it is located.
(c)
New construction shall be compatible with the district
in which it is located. In terms of the principle of compatibility, the Board
shall consider the following:
[1]
Height. The height of the proposed buildings and structures
shall be visually compatible with adjacent buildings.
[2]
Proportion of front facade. The relationship of the width
to the height of the front elevation or any elevation on a public way shall
be visually compatible with buildings, public ways, and places to which it
is visually related.
[3]
Rhythm of solids to voids in front facades. The relationship
of solids to voids in the front facade or any facade on a public way of a
building shall be visually compatible with buildings and places to which it
is visually related.
[4]
Rhythm of spacing and buildings on streets. The relationship
of a building or structure to the open space between it and adjoining buildings
or structures shall be visually compatible with the buildings and structures
to which it is visually related.
[5]
Rhythm of entrances and other projections. The relationship
of entrances and other projections to sidewalks shall be visually compatible
with the predominant materials used in the buildings and structures to which
it is visually related.
[6]
Roof shapes. The roof shape of a building shall be visually
compatible with the buildings to which it is visually related.
[7]
Walls of continuity. Building facades and appurtenances,
such as walls, fences, and landscape masses, shall be visually compatible
with the buildings and places to which such elements are visually related.
[8]
Scale of building. The size and mass of building and
structures in relation to open spaces, windows, door openings, porches, and
balconies shall be visually compatible with the buildings and places to which
they are visually related.
[9]
Directional expression of front elevation. A building
shall be visually compatible with the buildings and places to which it is
visually related in its directional character whether this is vertical character,
horizontal character or nondirectional character.
F.
All decisions of the Board shall be in writing and filed
with the office of the Town Clerk, Department of Conservation and Community
Development and the Building Department within five business days. A copy
of the decision shall be mailed to the applicant.
(1)
If the Board approves the application, the Board shall
issue a certificate of appropriateness describing any reasonable conditions
the Board deems necessary to carry out the intent and purposes of this chapter.
A certificate issued pursuant to this section shall relate solely to proposed
plans and representations included in or accompanying the application. If
a certificate of appropriateness has been approved, a building permit or any
other approval issued by any other agency of the Town for the same work or
activity shall be consistent with the terms and requirements of the certificate
of appropriateness. It shall be unlawful to deviate from the representation
and plans, including any modifications required as a condition for the issuance
of such certificate, unless and until an amended certificate shall be applied
for and issued.
(2)
If the Board determines that a certificate of appropriateness
should not be issued, the Board shall notify the applicant, in writing, of
such determination, and of the Board's reasons therefor. Unless the action
of the Board is reversed on appeal, no building permit, permit for a sign,
permit for demolition or removal or other permit shall be issued in an historic
district or involving a landmark if a certificate of appropriateness has been
denied.
G.
Nothing contained in this chapter shall be construed
as authorizing the Board, when acting with respect to an application for a
certificate of appropriateness or when adopting regulations in relations thereto,
to waive any code, ordinance, regulation or law of the Town of Greenburgh.
In exercising its powers and performing its functions under this chapter regarding
the construction, reconstruction, alteration, removal, repair, demolition
or use of any building, structure, site, object or sign, the Board may impose
determinations or conditions which are more restrictive than those prescribed
in other applicable codes, ordinances, regulations and laws.
H.
Any certificate of appropriateness shall expire 12 months
from the date of issuance if the work authorized thereby is not commenced
by the end of such twelve-month period; and further, such certificate shall
also expire and become null and void if such authorized work is suspended
and abandoned for a period of 12 months after being commenced. Any period
or periods of time during which the right to use any such certificate is stayed,
due to judicial action, shall be excluded from the computation of the 12 months.
I.
The Building Department shall issue a certificate of
occupancy or certificate of completion, or certificate of compliance when
the work or activity authorized in the certificate of appropriateness has
been completed according to the terms and requirements contained therein.
The Board shall be given advance notice of the completion of the work or the
Building Department's intent to accept the work performed in compliance with
the certification of appropriateness.
K.
The Board may adopt a list of types of activities of
lesser impact for which the Commissioner or designee may grant certificates
of appropriateness, and may establish procedures for this purpose. The Commissioner
or designee may exercise discretion within such listed activities to grant
or deny certificates of appropriateness or to determine that an action should
instead be referred to the Board. An applicant may not apply to both the Board
and Commissioner regarding the same action. The applicant may appeal the Commissioner's
(or designee's) determination to deny a certificate under this section to
the Board.
A.
Notwithstanding § 235-8 above, an applicant may apply for relief from the requirements of this chapter or conditions imposed by the Board on the grounds that such requirements or conditions will result in an economic hardship. The applicant, in this instance, should, as part of the application to the Board, provide the support data set forth below.
B.
In order to prove the existence of hardship, an applicant
shall establish, with objectively verifiable data, that in the case of income-producing
properties he/she is unable to make any economically viable use of the property,
or in the case of residential property, the property is incapable of beneficial
occupancy.
C.
In order to prove the existence of hardship, with respect
to a proposed demolition, an applicant shall establish that:
(1)
The property is incapable of earning a reasonable return,
regardless of whether that return represents the most profitable return possible.
(2)
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, regardless of whether that return represents the most profitable return
possible.
(3)
Efforts to find a purchaser interested in acquiring the
property and preserving it have failed.
(4)
The hardship is not the result of any act or omission
of the applicant.
D.
A hardship applicant whose primary purpose or mission
is philanthropic, eleemosynary, religious or charitable, and whose request
for a certificate of appropriateness was made in furtherance of philanthropic,
eleemosynary, religious or charitable purposes, shall establish that compliance
with the established standards would seriously interfere with the applicant's
ability to continue the current use of the property and seriously interferes
with the applicant's philanthropic, eleemosynary, religious or charitable
purposes.
E.
No building permit or demolition permit shall be issued
unless the Board makes a finding that a hardship exists.
F.
The applicant shall provide evidence that the applicant
has consulted in good faith with the Board, local preservation groups and
interested parties in a diligent effort to seek an alternative that will result
in preservation of the property and compatibility with the established design
criteria.
G.
The Board may solicit expert testimony or require that
the applicant make submissions concerning any or all of the following information
before it makes a determination on the application:
(1)
An estimate of the cost of the proposed construction,
alteration, demolition or removal and an estimate of any additional cost that
would be incurred to comply with the decision of the Board.
(2)
A report from a licensed engineer or architect with demonstrated
qualifications and experience in rehabilitation as to the structural soundness
of any structures on the property and their suitability for rehabilitation.
(3)
The estimated market value as determined by a licensed
appraiser of the property:
(4)
In the case of a proposed demolition, the applicant shall
submit 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 reuse of the existing structure
on the property.
(5)
The amount paid for the property, the date of purchase,
and the party from whom purchased, including 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.
(6)
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.
(7)
The remaining balance on any mortgage or other financing
secured by the property and annual debt service, if any, for the previous
two years.
(8)
All appraisals obtained within the previous two years
by the owner or applicant in connection with purchase, financing or ownership
of the property.
(9)
Any listing of the property for sale or rent, the price
asked and offers received, if any, within the previous two years.
(10)
The assessed value of the property according to the two
most recent assessments.
(11)
Real estate taxes for the previous two years.
(12)
The form of ownership or operation of the property, whether
sole proprietorship, for-profit or not-for-profit corporation, limited partnership,
joint venture or other.
(13)
Any other information deemed necessary by the Board to
make a determination of economic hardship.
H.
All decisions by the Board with respect to hardship applications
shall be in writing. The Board's decision shall state the reasons for granting
or denying the hardship application. A copy shall be sent to the applicant
by mail and a copy filed with the Town Clerk's office, the Department of Conservation
and Community Development, and the Building Department.
I.
Upon a finding by the Board that, without the granting
of the relief requested, all reasonable use of or return, whether that return
represents the most profitable return possible, from a designated landmark
or property within an historic district will be denied a property owner, then
the Board shall grant the relief requested with appropriate conditions for
mitigation.
Any person aggrieved by a decision of the Town of Greenburgh Historic
and Landmarks Preservation Board may, within 30 days from the date when the
decision of the Town of Greenburgh Historic and Landmarks Preservation Board
was filed with the Town Clerk, appeal to the Zoning Board of Appeals for a
review of the decision. Notice of such appeal shall be in writing and shall
include a certified copy of the Board's decision. The ZBA shall schedule a
hearing within 60 days of its receipt of the notice of appeal. Such hearing
shall be upon written notice to the appellant and the Historic and Landmarks
Preservation Board. Following such hearing and a review of the record that
was before the Town of Greenburgh Historic and Landmarks Preservation Board,
the Zoning Board of Appeals shall have the power to affirm or reverse the
decision appealed. If an application for hardship is granted, the ZBA will
direct the Historic and Landmarks Preservation Board to approve such work
as is necessary to alleviate the hardship.
Any person aggrieved by a decision under this chapter may apply to the
State Supreme Court pursuant to Article 78 of the CPLR. Such proceeding shall
be instituted within 30 days from the filing of the decision with the Town
Clerk.
A.
Nothing in this chapter shall be construed to prevent
the ordinary maintenance and repair of any exterior or interior architectural
feature of a landmark or property within an historic district. However, the
maintenance and/or repair shall not involve a change in design, texture, material,
color or outward appearance. No person with an interest in real property designated
as a landmark or included in 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
Board, produce a detrimental effect upon the character of the historic district
as a whole or the life and character of the property itself. Examples of such
include:
(1)
Deterioration of exterior walls or other vertical supports.
(2)
Deterioration of roofs or other horizontal members.
(3)
Deterioration of exterior chimneys.
(4)
Deterioration or crumbling of exterior stucco or mortar.
(5)
Ineffective waterproofing of exterior walls, roofs or
foundations, including broken windows or doors.
(6)
Deterioration of any feature so as to create a hazardous
condition, which could lead to the claim that demolition is necessary for
the public safety and welfare.
B.
In any case where the Building Inspector shall order
or direct the construction, removal, alteration or demolition of a landmark
or building, structure, site or object in an historic district for the purpose
of remedying conditions determined to be dangerous to public health, welfare
or safety, nothing contained herein shall be construed to make it unlawful
for any person, without prior issuance of a certificate of appropriateness,
to comply with such order or direction. The Building Inspector shall give
the Board as early notice as is practicable of any such proposed order or
direction for buildings or structures or any part thereof that is in imminent
danger of collapse.
A.
It shall be unlawful for any person, public or private
entity, firm or corporation to construct, alter, remove, demolish, equip,
change the appearance of any building, structure, site or object or a portion
thereof and/or allow a structure to fall into disrepair which is a duly designated
landmark or is located in a duly designated historic district hereunder in
violation of any provision of this chapter or to fail in any manner to comply
with a notice, directive or order of the Board or the Building Inspector hereunder
or to construct, alter, use, occupy or destroy any building, structure, site
or object or part thereof in a manner not permitted by an effective certificate
of appropriateness, building permit or certificate of occupancy, certificate
of compliance or certificate of completion properly issued hereunder.
B.
It shall be unlawful to do any work or alteration on landmarks or in historic districts in a manner other than as authorized in a certificate of appropriateness issued under this chapter. It shall be the duty of the Building Inspector to inspect periodically any such work to ensure compliance. In the event that work is found that is not being performed in accordance with the certificate of appropriateness or upon notification of such fact by the Board, the Building Inspector shall issue a stop-work order, and all work shall immediately cease. No further work shall be undertaken on the property as long as a stop-work order is in effect. Any person, public or private entity, firm or corporation failing to comply with a written order of the Building Inspector within the time fixed for compliance therewith shall be liable pursuant to the applicable penalties in the Code of the Town of Greenburgh, as well as those set forth in § 235-14 herein.
A.
Any person, public or private entity, firm or corporation
convicted of any of the provisions of this chapter shall be liable for a fine
of not less than $250 nor more than $1,000, for each day the violation continues.
B.
Any person, public or private entity, firm or corporation
undertaking to demolish, alter, repair, remove or construct a building or
structure in violation of this chapter may be required by the Board to restore
the building, structure, site or object to its appearance prior to the violation.
This civil remedy shall be in addition to and not in lieu of any criminal
prosecution and penalty.
