[Amended 10-23-1984 by Ord. No. 84-ZC-132; 6-17-2003 by L.L. No. 21-2003; 10-21-2014 by L.L. No. 37-2014]
The Town of Huntington was founded in 1653 and is rich in historical,
architectural and cultural resources. It is the intention of the Huntington
Town Board to preserve the Town's heritage by establishing a policy
which will protect, enhance and perpetuate scenic landmarks, historic
sites, structures and buildings; promote economic growth by attracting
visitors to the community; enhance the cultural, educational and general
welfare of the public; foster pride in the accomplishments of the
past; and ensure the harmonious, orderly and efficient growth and
development of the Town.
[Added 6-17-2003 by L.L. No. 21-2003]
A. The Town Board may designate any parcel of land or
structure a historic landmark if, in the determination of the Board,
any one (1) of the following factors is applicable and furthers the
purpose of this chapter:
(1)
Possesses special character, or historic or
aesthetic interest, or value as part of the broad cultural, political,
economic or social history of the Town, region, state or nation; or
(2)
Is identified with historic personages or is
the site of a historic event in the Town, region, state or nation;
or
(3)
Embodies the distinguishing characteristics
of a type, period, style or method of architecture or engineering;
or
(4)
Is the work of an important builder, designer,
artist or architect whose work has significantly influenced an age;
or
(5)
Because of its unique location or singular physical
characteristic, or landscape, topographical features, earthworks or
streetscape represents an established and familiar visual or aesthetic
feature of the neighborhood; or
(6)
Is significant for containing elements of design,
details, materials or craftsmanship which represent a significant
innovation.
B. The Town Board may designate any area containing open
spaces and/or structures as a historic district if the area:
(1)
Contains one (1) or more properties and/or structures
which meet one (1) or more of the criteria for designation as a landmark;
and
(2)
By reason of possessing such qualities, it constitutes
a distinct section of the Town.
[Added 10-23-1984 by Ord. No. 84-ZC-132]
A. Purpose. There is hereby created in the Town of Huntington
a Historic Preservation Commission for the purpose of conserving,
protecting and perpetuating historic landmarks and districts in accordance
with the purposes of this article.
B. Composition; terms of members.
(1)
The Historic Preservation Commission shall consist
of seven (7) members. Among the membership, there shall be one (1)
architectural historian; one (1) historian; one (1) member of the
New York State Bar and one (1) real estate expert. In addition, all
members of the Commission shall have demonstrated a knowledge of and
interest in the history of the community.
(2)
Members are to be appointed by the Town Board
for terms of three (3) years, provided that of those members first
taking office, two (2) shall be appointed for one (1) year; two (2)
for two (2) years; and three (3) for three (3) years. Members may
serve for more than one (1) term and each member shall serve until
the appointment of a successor.
(3)
In the event of a vacancy occurring during the
term of a member of the Historic Preservation Commission, the Town
Board shall make an appointment to complete the unexpired term of
such member and where such member is required to have specific qualifications,
such vacancy shall be filled by appointment in the manner herein prescribed
with a person having the same qualifications.
(4)
The Town Historian shall serve as an ex officio
nonvoting member of the Commission and as Secretary of the Commission.
[Amended 11-14-1990 by Ord. No. 95-ZC-19243; 6-6-1995 by Ord. No. 95-ZC-196]
(5)
The members of the Commission shall serve without
compensation, except that a stipend may be provided annually for the
Secretary of the Commission by resolution and in the discretion of
the Town Board.
C. Meetings; procedure.
(1)
The Commission shall meet monthly and at such
additional times as the Chairman of the Commission or a majority thereof
may determine. The Commission shall keep the minutes of its meeting
and proceedings. A quorum of the Commission shall be duly constituted
with four (4) of the members present.
[Amended 6-17-2003 by L.L. No. 21-2003]
(2)
The owner of the parcel of land and/or structure
to be considered by the Commission for the purpose of possible designation
as a historic landmark shall be given written notice of the date,
time and place of the meeting. Said notice by the Commission shall
be addressed to the property owner and mailed by regular mail to the
address shown on the current tax rolls maintained by the Town no later
than twenty (20) days prior to the meeting date. In addition, the
Commission shall obtain a certificate of mailing for each recipient,
which legibly indicates the name and address of the person or entity
to which the notice was mailed, and is duly certified by the post
office. The property owner shall be entitled to address the Commission
and to present any written documentation he/she deems advisable. In
the event the Commission is to consider the possible designation of
a historic district, notice shall be mailed to the owners of all properties
and/or structures located within the proposed district, and a certificate
of mailings shall be similarly obtained. Each property owner shall
be given an opportunity to be heard and to present written evidence
to the Commission. If notice of such meeting is not provided, or is
provided in a manner other than as prescribed herein, an appearance
at the meeting by the property owner shall be deemed a waiver of any
defect as to the property owned by such person.
[Amended 9-10-2002 by L.L. No. 40-2002; 6-17-2003 by L.L. No. 21-2003; 5-10-2022 by L.L. No. 9-2022]
(3)
The provisions of §
198-40.2C(2) shall apply to referrals under §
198-41C for a certificate of approval, except that written notice to the applicant of the date, time and place of the meeting shall be mailed by regular mail no later than five (5) days prior to the meeting date.
[Added 9-10-2002 by L.L. No. 40-2002; amended 10-28-2003 by L.L. No. 37-2003]
(4)
The Commission may adopt such other rules and/or
regulations it deems advisable and/or necessary to effectuate the
purpose of this article and perform its duties, including rules concerning
the election of officers.
[Added 9-10-2002 by L.L. No. 40-2002]
D. Powers and duties. The Commission shall:
(1)
Recommend to the Town Board the designation
of particular places, sites, structures and buildings as historic
landmarks and the designation of areas as historic districts.
(2)
Study all propositions for landmark or historic
district status, whether initiated by the Commission or by outside
applicants, and issue written reports and advisory recommendations
concerning the proposals, stating the reasons for the recommendation
in compliance with the stated purpose of this article.
(3)
Study all applications for the certificates of approval required under §
198-41 of this article and issue written reports, decisions and/or recommendations stating the reasons for the determination or recommendation in compliance with the stated purpose of this article, including a recommendation on any restriction or condition that should be established as a condition of approval.
[Amended 10-21-2014 by L.L. No. 37-2014]
(4)
Review and issue written reports on all municipal
proposals relative to uses or structures affecting a designated landmark
or historic district.
(5)
Make studies and inquiries in federal and state
grants and tax incentive programs relative to the preservation or
rehabilitation of designated historic landmarks and districts.
(6)
Increase public awareness of the value of historic,
architectural and cultural preservation by developing and participating
in public information programs.
E. Expenses of the Commission. The Commission may pay
for expenses incurred in carrying out its duties in implementing the
intent of this article within the amounts appropriated by resolution
of the Town Board.
[Added 10-23-1984 by Ord. No. 84-ZC-132; amended 9-10-2002 by L.L. No. 40-2002; 6-17-2003 by L.L. No. 21-2003]
The Town Board may designate a historic landmark
or district, subject to the following procedures:
A. Property owners may petition the Town Board to designate
their parcel of land and/or structure a historic landmark by filing
a petition in the Office of the Huntington Town Clerk. A petition
for creation of a historic district may be submitted to the Town Clerk
if signed by thirty (30%) percent of the property owners in the proposed
district.
B. The Huntington Historic Preservation Commission may petition the Town Board by filing with the Town Clerk for the designation of a historic landmark or district. The petition of the Commission shall contain the information set forth in §
198-40.3D(2)(a) through
(d) and
a statement as to whether the property owner, if he/she has appeared and spoken at the meeting of the Commission or submitted documentation to the Commission, is in favor or opposes the designation of his property as a historic landmark and his/her reasons; or, in the case of a proposed historic district, whether individual property owners who have appeared and spoken at the meeting or submitted documentation to the Commission are in favor or oppose the designation, their identities and reasons. The Commission shall mail a copy of its petition to the owner(s) of the parcel of land and/or structure(s) proposed for designation as a landmark; or, in the case of a proposed historic district, to the owners of each parcel and/or structure located within the proposed district, by regular mail at the addresses shown on the assessment rolls of the Town. An affidavit of mailing indicating the name and address of each property owner to which a copy of the petition has been mailed shall be filed with the Huntington Town Clerk by the Commission within ten (10) business days of filing its petition.
[Amended 1-13-2004 by L.L. No. 4-2004]
C. In the case of an individual property owner who petitions
the Town Board, the petition shall be accompanied by a copy of the
latest deed to the property for which a petition is filed. In the
event the petition is for a proposed historic district, each property
owner petitioning the Board shall submit a copy of the latest deed
to his/her own property within the district.
D. The Town Clerk shall, within five (5) business days
of such filing, forward a copy of each petition and its attachments
to the Department of Planning and Environment and to the Historic
Preservation Commission for their review and evaluation. The Town
Clerk shall also forward a copy of the petition and attachments to
each member of the Town Board, the Department of Engineering Services
and Town Attorney within such five-day period. In the event the Commission
is the petitioner, such filing with the Commission by the Town Clerk
is not required.
(1)
Upon receipt of a petition, the Commission shall
gather all relevant information. The Commission may petition the Town
Board for permission to hire outside consultants including architects,
engineers, planning consultants and other experts. The costs of such
expert shall be borne by the Commission. In addition, all Town agencies
shall cooperate with the Commission's fact-finding process.
(2)
Unless otherwise extended by the Town Board,
the Commission shall submit its findings and recommendations to the
Board, the Town Clerk, the Department of Planning and Environment,
the Department of Engineering Services and Town Attorney within ninety
(90) days of the Commission's receipt of the petition. In addition,
the Commission shall forward a copy of its report to the property
owner of the property under review, or, in the case of a proposed
historic district, to the owner of each parcel and/or structure located
within the district, by regular mail at the addresses shown on the
assessment rolls of the Town. The Commission's findings and recommendations
shall include a statement as to whether the property owner, who has
appeared and spoken at the meeting of the Commission or submitted
documentation to the Commission, is in favor or opposes the designation
of his property as a historic landmark and his/her reasons; or, in
the case of a proposed historic district, whether individual property
owners who have appeared and spoken at the meeting of the Commission
or submitted documentation to the Commission are in favor or oppose
the designation, their identities and reasons. The Commission's report
shall be advisory in nature. The following factors shall be considered
by the Commission:
(a)
The age of the proposed landmark, or places and structures within the proposed district and one (1) or more of the factors set forth in §
198-40.1; and
(b)
The general condition of the proposed historic
landmark, or places and structures within the proposed historic district;
and
(c)
The relationship of the proposed historic landmark
or district and the immediate surrounding area; and
(d)
The extent of the hardship such designation
would create for the property owner(s).
(3)
The findings and recommendations of the Historic
Preservation Commission shall be available for inspection by members
of the public in the Office of the Town Clerk during business hours.
E. If, at its sole discretion, the Town Board chooses
to entertain the application, it shall schedule a public hearing on
the proposed designation of a historic landmark or district within
forty-five (45) days of receipt of the Commission's findings and recommendations
or of receipt of the report of the Department of Planning and Environment,
whichever occurs last. If the Town Board fails to schedule a public
hearing within such period then the petition shall be deemed denied
in all respects.
[Amended 7-5-2005 by L.L. No. 27-2005]
F. Notice of the public hearing shall be published in
the official newspaper(s) of the Town by the Town Clerk at least ten
(10) days prior to the hearing date. Notice of the public hearing
shall be mailed by the Department of Planning and Environment to the
owner, as shown on the tax rolls of the Town, of the proposed landmark
or, upon the owner of each parcel and/or structure located within
the proposed historic district by regular mail at least ten (10) days
in advance of the hearing. In addition, notice thereof shall be mailed
by the Department of Planning and Environment by regular mail upon
the owners, as shown on the tax rolls of the Town, of all properties
lying within two hundred (200) feet of the exterior boundary lines
of the proposed historic landmark or district. A copy of the notice
and proof of mailing shall be filed in the Office of the Huntington
Town Clerk by the Department of Planning and Environment no later
than four (4) days prior to the hearing.
[Added 7-5-2005 by L.L. No. 27-2005 ]
G. The Town Board may on its own motion call witnesses,
including architects, engineers, planning consultants or other experts,
and may consider such other evidence it deems necessary or advisable
at the public hearing.
H. In determining whether or not to designate a new historic landmark or district, the Town Board shall consider the factors listed in §
198-40.1; the testimony of the property owner or purchaser; the testimony of any expert presented by the owner or purchaser; and the findings and recommendations of the Historic Preservation Commission. The Commission's report is advisory in nature and the final decision is reserved to the Town Board.
I. Within ninety (90) days of the public hearing, the
Town Board shall render its decision on the proposed designation.
If the Town Board fails to act within ninety (90) days, or fails to
extend the period in which to act, the designation shall be deemed
to have been denied.
J. The decision of the Town Board is final and shall
be filed in the Office of the Town Clerk. The Board's decision shall
be forwarded by the Department of Planning and Environment to the
owners of all properties considered by the Board, by regular mail
within fourteen (14) days of the Town Board's decision.
K. The Department of Planning and Environment shall notify
the Department of Engineering Services, the Planning Board, and the
Zoning Board of Appeals of the designation of a new historic landmark
or district.
[Amended 1-13-2004 by L.L. No. 4-2004]
L. The Town Board's designation of historic landmarks
or districts shall be recorded as an amendment to this chapter. In
the case of a historic district, its boundaries shall be clearly and
accurately set forth.
[Added 10-23-1984 by Ord. No. 84-ZC-132; amended 6-17-2003 by L.L. No. 21-2003; 1-13-2004 by L.L. No. 4-2004; 1-3-2024 by L.L. No. 11-2024]
No work shall be commenced and no building permit
or other approval shall be granted, issued or released to erect, reconstruct,
repair, restore, rehabilitate, renovate, alter, change, demolish,
raze or move a proposed historic landmark or any open space or structure
within a proposed historic district, unless the subject property and/or
building is already designated as historic, from the date of filing
of a petition in the Office of the Town Clerk to the date a final
decision is rendered by the Town Board; and if no decision is rendered,
until the expiration of ninety (90) days from the date of the public
hearing, unless otherwise extended by the Town Board.
[Added 10-23-1984 by Ord. No. 84-ZC-132; amended 6-17-2003 by L.L. No. 21-2003]
A. The Town Board, after a public hearing held on notice as in §
198-40.3(F), may revoke the designation of any portion of a historic landmark or district, including any open space or structure thereon, and may alter the boundaries of a historic district, in whole or in part, provided the owner has filed a petition with the Huntington Town Clerk for such relief. The petitioner shall demonstrate, to the satisfaction of the Town Board, that there has been a substantial change in one (1) or more of the factors set forth in §
198-40.1 and/or that the designation has created an unreasonable hardship. Withdrawal of a designation, in whole or in part, shall be reserved for rare instances where change or deterioration, not attributable to any deliberate conduct on the part of the owner, his agent, or occupier of the property, has made continued historic designation inconsistent with the purpose of this article and/or the designation, in whole or in part, has worked an unreasonable hardship upon such owner. Failure to maintain the property shall be deemed a self-created hardship.
[Amended 7-5-2005 by L.L. No. 27-2005]
B. The burden is upon the petitioner to establish that
there has been a substantial change and/or the existence of hardship
which is not self-created. In the case of hardship, the petitioner
must provide evidence of the following to the satisfaction of the
Board:
(1)
The property is incapable of earning a reasonable
return, regardless of whether the return represents the most profitable
return possible, if the designation is not revoked, in whole or in
part, by the Board. The petitioner shall provide dollars-and-cents
proof to demonstrate to the satisfaction of the Board that the claim
of hardship is well-founded; and
(2)
The property can not be adapted for any other
use permitted by the Zoning Ordinance in the zoning district in which
the property is located, whether by the current owner or by a purchaser,
which would result in a reasonable return; and
(3)
It must be demonstrated that reasonable good
faith efforts to find a purchaser interested in acquiring and preserving
the property have failed.
C. A petition for revocation of a historic designation
shall be signed by the owner and filed in the Office of the Town Clerk
with an processing fee of two hundred fifty ($250) dollars. The petition
shall be filed with a copy of the current deed to the property and
copies of any rental agreements concerning the property in effect
within three (3) years prior to the application date. The owner may
submit such other documentation as he/she deems necessary or relevant.
The petition shall be on file in the Office of the Huntington Town
Clerk for public inspection during business hours. If the property
is located within a historic district a copy of the petition and all
attachments thereto shall be mailed by the owner/petitioner to the
owners of all properties located within the district by regular mail
at the addresses shown on the assessment rolls of the Town. In every
case, the owners of properties lying within two hundred (200) feet
of the exterior boundary lines of the subject parcel or district,
if the property is within a district, shall also be notified in the
same manner by the petitioner. A copy of the notice and proof of mailing
shall be filed in the Office of the Huntington Town Clerk by the petitioner
within five (5) business days of the date of filing.
D. The Town Clerk shall forward a copy of each petition filed as in §
198-40.3D. The Commission shall consider the petition and may hire such consultants it deems advisable, upon the consent of the Town Board. The costs of such consultant shall be borne by the Commission.
E. Unless otherwise extended by the Town Board, the Commission
shall submit its written findings and recommendations to the Board,
the Town Clerk, the Department of Planning and Environment, the Department
of Engineering Services and Town Attorney within ninety (90) days
of the Commission's receipt of the petition for revocation of a historic
designation. In addition, the Commission shall forward a copy of its
report to the property owner of the property under review, or, in
the case of a property located within a historic district, to the
property owners of each parcel located within the district, by regular
mail at the addresses shown on the assessment rolls of the Town.
F. The public hearing shall be noticed, held and decided in accordance with the procedures in §
198-40.3(F),
(G),
(I) and
(J). The Town Board's decision revoking the designation shall be recorded as an amendment to this chapter.
[Amended 7-5-2005 by L.L. No. 27-2005]
G. In determining whether or not to revoke the designation, in whole or in part, the Town Board shall consider the factors in §
198-40.1; the testimony of the petitioner and petitioner's experts; and the findings and recommendations of the Historic Preservation Commission. The Commission's report shall be advisory in nature and the final decision is reserved to the Town Board.
[Added 6-17-2003 by L.L. No. 21-2003]
A. No owner, occupier or person with an interest in a
historic landmark, or in any open space, place or structure within
a historic district shall permit the same to fall into a serious state
of disrepair so as to result in the deterioration of any exterior
or scenic feature, including but not limited to:
(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 facade,
stucco, shingles 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 and unsafe condition which may result in a claim that
demolition, in whole or in part, is necessary to protect the public
health or safety;
(7)
Material deterioration of the aesthetic or scenic
appearance of any portion of the open space or real property including
its topographical features and earthworks.
B. An owner, occupier or person with an interest in a
historic district, or in any open space, place or structure within
a historic district who causes, permits and/or allows the same to
fall into a serious state of disrepair shall be in violation of this
section, and in addition to any other penalty imposed by law, shall
be required to restore the open space, place or structure to its appearance
prior to the violation.
[Amended 8-10-1971 by Ord. No. 71-ZC-18; 12-7-1976 by Ord. No. 76-ZC-68; 2-6-1979 by Ord. No. 79-ZC-91; 7-10-1984 by Ord. No. 84-ZC-131; 9-11-1984 by Ord. No. 84-ZC-134; 6-17-2003 by L.L. No. 21-2003 ]
A. Certificate of approval required; intent.
(1) Prohibition. No work shall be commenced and no Town
department or Board shall grant, issue or release a building permit
or other approval to erect, construct, reconstruct, repair, restore,
renovate, rehabilitate or alter a structure designated as a historic
landmark, or any structure within a historic district if it will change
the exterior design or scenic or aesthetic appearance thereof unless
a certificate of approval has been granted by the Town Board or Historic
Preservation Commission, as the case may be; and no improvement or
structure designated as a historic landmark or located within a district
shall be moved, demolished or razed, in whole or in part, unless such
certificate of approval has been approved. The provisions of this
section shall apply equally to open spaces or parcels of land designated
as historic landmarks or located within historic districts including
any change or alteration to their aesthetic appearance, or topographical
features, earthworks, streetscape and/or landscape. An owner, occupier
or person with an interest in a historic landmark, or in any open
space, parcel of land, place or structure within a historic district
who causes, permits and/or allows any act prohibited by this section
shall be in violation thereof, and in addition to any other penalty
imposed be required to restore the open space, parcel of land, place
or structure to its appearance prior to the violation.
[Amended 1-13-2004 by L.L. No. 4-2004; 10-21-2014 by L.L. No.
37-2014]
(2) Nothing contained in this article is intended to prohibit
the construction, reconstruction, maintenance, repair, alteration,
improvement or rehabilitation of public highways, streets, roads,
walkways, sidewalks, bridges, culverts, sewer and drainage facilities,
water facilities and other public property by Town, county, state
and federal agencies or utility companies as long as the site is restored
to its original condition.
(3) Nothing contained in this article is intended to prevent
changes to the interior of a historic landmark, or to any open space
or structure within a historic district; or intended to prevent the
ordinary maintenance and such repairs as do not change an exterior
architectural feature, the exterior design, material or outward appearance,
streetscape, earthworks, topographical features or landscaping of
a historic landmark, or to any open space or structure within a historic
district.
(4) This article is not intended to prevent the erection,
construction, reconstruction, restoration, rehabilitation, repair,
alteration or demolition of any part of an existing exterior feature,
or facade which, in the opinion of the Director of Engineering Services
or his designee, presents an immediate safety hazard and requires
immediate emergency repair to preserve the historic landmark; or the
open space or structure within a historic district; or to safeguard
the health and safety of occupants or other persons. The term "emergency
repair" shall not include major replacements/repairs, and is limited
to the work necessary to stabilize the historic landmark; or the open
space or structure within a historic district; or to protect the safety
of occupants or the public. No additional work is to be performed
until a certificate of approval has been requested by the applicant
and granted by the Town Board or Historic Preservation Commission,
and all other required approvals and permits are obtained.
[Amended 10-21-2014 by L.L. No. 37-2014]
(5) This article is not intended to relieve a property
owner from obtaining a building or demolition permit from the Department
of Engineering Services or other approvals required by local, state
and federal laws, rules, regulations and ordinances. The work performed
shall be in compliance with all applicable requirements.
B. Blighted properties. Where a structure which has been designated as a historic landmark or is located within a historic district has been determined to be blighted and is being processed for non-compliance pursuant to §
156-67 of the Town Code (Blighted Properties), the Town Attorney shall notify the Huntington Historic Preservation Commission of such action. The Commission shall act in an advisory capacity and shall submit its written findings and recommendations to the Town Board, Town Clerk, Department of Engineering Services, Town Attorney and property owner or person-in-charge of the property within forty-five (45) days of receipt of such notification. In the event the Town Board orders remedial work to be performed including demolition of a structure, it shall first consider the Commission's findings and may accept or reject, in whole or in part, with or without conditions any portion thereof. The Board may simultaneously approve the issuance of a Certificate of Approval for any work that is ordered if same is applicable. The provisions of this section shall apply equally to open spaces or parcels of land designated as historic landmarks or located within historic districts including any change or alteration to their aesthetic appearance, or topographical features, earthworks, streetscape and/or landscape.
[Amended 10-21-2014 by L.L. No. 37-2014]
C. Application. An application for a certificate of approval shall not be accepted for filing by the Department of Engineering Services unless it is complete and accompanied by all required documents. An application fee in an amount determined by the Department of Engineering Services shall be payable at the time of application. Each applicant shall submit an original and four (4) copies of a fully completed application form; five (5) sets of original plans and specifications of the work to be done; and five (5) sets of such other documentation deemed necessary by the Department of Engineering Services. The Department shall forward one (1) copy of the application form, an original set of plans and specifications and one (1) copy of each additional document submitted by the applicant to the Historic Preservation Commission for its review. The Historic Preservation Commission shall initially review the application to determine whether Town Board review in accordance with §
198-41D,
E & F is required. In all cases, the application shall be reviewed by the Town Board unless it clearly meets one of the following exceptions, in which case it shall be reviewed by the Historic Preservation Commission in accordance with §
198-41K.
[Amended 10-21-2014 by L.L. No. 37-2014]
(1) Additions to a historic structure, as long as the structure as it
existed on October 21, 2014 comprises at least 80% of the square footage
of the completed structure, as determined by the Director of Engineering
Services in his sole discretion. The burden of proof shall be on the
applicant to prove that the standard has been met.
[Amended 7-13-2021 by L.L. No. 35-2021]
(2) Partial demolition of a historic structure, as long as at least 75%
of the square footage of the structure as it existed on October 21,
2014 remains intact, as determined by the Director of Engineering
Services in his sole discretion. The burden of proof shall be on the
applicant to prove that the standard has been met.
[Amended 7-13-2021 by L.L. No. 35-2021]
(3) Additions to non-contributing structures.
(4) Demolition of non-contributing structures.
(5) The construction of new structures on non-contributing properties
in a historic district.
(6) Moving any structure to a new location on the same property or to
another property.
(7) Installation of a swimming pool, hot tub, solar panels, decks, sheds
of 200 sq. ft. or less, and fences (where a building permit is required).
(8) Construction of accessory structures up to 200 square feet in size.
D. The Huntington Historic Preservation Commission, except as noted in C above, shall act in an advisory capacity to the Town Board and shall submit its written findings and recommendations to the Town Board, Town Clerk, Department of Engineering Services, Town Attorney and applicant within ninety (90) days of the date of its receipt of an application for a certificate of approval. The Commission's report shall describe the extent to which the proposed work meets the criteria in §
198-41G,
H and/or
I. If the recommendation is for disapproval or approval with conditions, the Commission shall also state its reasons for such disapproval or conditioned approval of the work and may include suggested changes to the plan which if implemented would be accepted by the Commission.
[Amended 10-21-2014 by L.L. No. 37-2014]
E. The Department of Engineering Services shall forward
a copy of the application form and such other documentation as deemed
necessary by the Department to the Town Board. The Town Board shall
hold a public hearing to consider the application within ninety (90)
days of its receipt of the Commission's findings and recommendations.
Notice of the public hearing shall be published by the Town Clerk
in the official newspaper(s) of the Town at least ten (10) days prior
to the hearing date. In addition, the applicant shall notify the owners
of all properties lying within two hundred (200) feet of the exterior
boundary lines of the parcel being considered (for work on the open
space or structure thereon), of the date, time and place of the public
hearing, by regular mail to the addresses shown on the assessment
rolls of the Town no less than ten (10) days before the hearing date.
A copy of the notice and proof of mailing shall be filed in the Office
of the Town Clerk by the applicant no less than four (4) days before
the hearing date.
F. At the public hearing, the Town Board, on its own
motion, may call witnesses, including architects, engineers, planning
consultants or other experts, and may consider such other evidence
it deems necessary or advisable.
G. In evaluating an application for a certificate of
approval to alter, repair, renovate or change the exterior or scenic
appearance or design of any historic landmark, or any open space or
structure within a historic district, the Town Board shall consider
the purpose of this article; the testimony of the property owner or
purchaser and his/her experts; the report of the Huntington Historic
Preservation Commission; and the advice, if any, of the Town Historian.
It shall also give consideration to any one (1) or more of the following
factors:
(1) The impact of the proposed change on the special character
or architectural, engineering, cultural, historic or aesthetic interest
or value of the historic landmark and the impact, if any, to the surrounding
historic district, if within a district;
(2) Whether the proposed action is compatible with the
special character or architectural, engineering, cultural, historic
or aesthetic interest or value of the landmark and whether the proposed
action is compatible with the surrounding historic district, if within
a district;
(3) The general design, character and appropriateness
of the proposed action to the property itself, surrounding properties
and the neighborhood;
(4) The scale of the proposed construction or alteration
in relation to the property itself, surrounding properties and the
neighborhood;
(5) Whether the proposed construction or alteration is
visually compatible with the textures, materials and colors of the
facade and roof of the existing building or structure, and its proportion
and configuration;
(6) The legally-permitted use of the property and of the
improvements, buildings and structures therein;
(7) Any other factor which in the opinion of the Town
Board is relevant and/or necessary.
H. In evaluating an application for a certificate of
approval to raze or demolish, in whole or in part, any structure which
has been designated a historic landmark or which is located within
a historic district, the Town Board shall consider the purpose of
this article; the testimony of the property owner or purchaser and
his/her experts; the report of the Huntington Historic Preservation
Commission; and the advice, if any, of the Town Historian. It shall
also give consideration to any one (1) or more of the following factors:
(1) The special character or architectural, engineering,
cultural, historic or aesthetic interest or value of the structure;
(2) If it is within a historic district, the significance
of the structure in relation to the special character or architectural,
engineering, cultural, historic or aesthetic interest or value of
the district and the probable impact of its removal on the district;
(3) Its structural condition and the economic feasibility
of alternatives to the proposal. Consideration shall be given to whether
deliberate or negligent conduct on the part of the owner, his agent,
or occupier of such structure has contributed to its structural condition
and/or physical deterioration, and whether the public health and safety
would be benefitted by razing or demolishing the same;
(4) Its importance to the Town and the extent to which
its special character or architectural, engineering, cultural, historic
or aesthetic interest or value is such that its removal would be detrimental
to the public interest or its retention would benefit the community;
(5) The legally-permitted use of the property and of the
structures therein;
(6) Any other factor which in the opinion of the Town
Board is relevant and/or necessary.
I. In evaluating an application for a certificate of
approval to move any structure which has been designated a historic
landmark or which is located within a historic district, the Town
Board shall consider the purpose of this article; the testimony of
the property owner or purchaser and his/her experts; the report of
the Huntington Historic Preservation Commission; and the advice, if
any, of the Town Historian. It shall also give consideration to any
one (1) or more of the following factors:
(1) The historic, architectural, engineering, cultural
or aesthetic loss of the structure to the original site and to the
district as a whole, if applicable;
(2) The reasons for not retaining the structure at its
present location and the economic feasibility of alternatives to the
proposal;
(3) Its structural condition and the probability of significant
damage to the structure itself;
(4) The compatibility, nature and character of the current
and proposed location as they relate to the protection, preservation
and enhancement of the structure;
(5) The legally-permitted use of the property and of the
structures therein;
(6) Any other factor which in the opinion of the Town
Board is relevant and/or necessary.
J. Within ninety (90) days of the public hearing, the
Town Board may approve an application, in whole or in part, and with
or without special conditions or modifications, or may deny the application.
Unless extended by the Town Board, the application shall be deemed
denied if the Board fails to act within such ninety-day period. The
Department of Engineering Services shall mail a copy of the Board's
decision to the applicant; or if the Town Board has permitted the
ninety-day period to expire without extension, the Department of Engineering
Services shall provide the applicant with notice of such denial. Said
decision or notice of denial shall be mailed by regular mail to the
address shown on the application for a certificate of approval. The
decision of the Board is final as to the Town of Huntington and the
resolution, if one is generated, shall be filed in the Office of the
Town Clerk.
K. Building permit applications that do not have to be reviewed by the Town Board pursuant to §
198-41C will be required to obtain certificates of approval from the Historic Preservation Commission. Public hearings will not be held, and applications may be approved or denied, in whole or in part, by the vote of a simple majority of the Commission. The Historic Preservation Commission shall review applications in accordance with the guidelines provided in §
198-41G,
H and
I. Any applicant aggrieved by the determination of the Historic Preservation Commission may appeal the determination in writing within twenty (20) days of receipt of the Commission's determination by filing an appeal with the Huntington Town Clerk together with an application fee of one hundred ($100) dollars. The appeal shall be filed with a copy of the Commission's determination, any written objections the applicant may have to the determination, and any other information the applicant deems advisable or necessary. The applicant must also demonstrate that a true copy of the appeal has been mailed to the Huntington Historic Preservation Commission. The Town Clerk shall forward a copy of the appeal to the Town Attorney for further processing.
[Added 10-21-2014 by L.L. No. 37-2014]
L. Administrative hearing. An administrative hearing on an appeal of
the Commission's ruling shall be held before a duly appointed Administrative
Hearing Officer. Hearings may be adjourned only upon good cause shown.
At the administrative hearing the applicant shall be entitled to be
represented by legal counsel and provided with an opportunity to be
heard. The applicant may present the testimony of witnesses, experts
and other evidence in his or her own behalf as he or she deems advisable.
The Commission may appear and give testimony in support of its determination
if it deems necessary. All hearings shall be recorded. The Hearing
Officer shall consider the written objections, the Commission's report,
and other evidence or testimony and may adopt or reject, in whole
or in part any portion thereof. The Hearing Officer shall submit his
or her findings and recommendations to the Huntington Town Board for
ultimate determination within thirty (30) days of the close of the
hearing. A copy of the Hearing Officer's report shall be filed with
the Town Clerk and mailed to the applicant and Historic Preservation
Commission by regular mail, or registered or certified mail, return
receipt requested. The Town Board may consider the report and accept
or reject, in whole or in part, the findings and recommendations of
the Hearing Officer with or without conditions as it deems advisable.
A copy of the Town Board resolution shall be mailed by the Town Attorney
to the applicant by regular mail, or registered or certified mail,
return receipt requested. The decision of the Town Board shall be
filed by operation of law with the Huntington Town Clerk and shall
be final.
[Added 10-21-2014 by L.L. No. 37-2014]
M. In every case where a certificate of approval has been granted by
the Town Board or Historic Preservation Commission, the Director of
Engineering Services shall issue a building permit or other approval,
provided that the proposed work complies in all respects with the
conditions and modifications imposed by the approving Board; the applicable
provisions of the Codes of the State of New York; and the Code of
the Town of Huntington. No work shall commence until a building permit
and all other necessary approvals are issued by the Town of Huntington
and any other agency having jurisdiction. A person or business entity
who commences work, or causes and/or permits the work to be commenced,
without the issuance of a building permit and all other necessary
approvals shall be in violation of this chapter.
[Amended 1-13-2004 by L.L. No. 4-2004; 10-21-2014 by L.L. No.
37-2014; 7-13-2021 by L.L. No. 35-2021]
[Added 11-5-2008 by L.L. No. 43-2008]
(A)
Legislative intent.
(1)
The Town Board is committed to the preservation
of buildings of historic significance and determines that the conservation,
protection and perpetuation of historic buildings is in harmony with
the Comprehensive Town Plan. The Town Board is aware that the costs
of maintenance and preservation of these historic sites may be significant
and seeks to establish a mechanism by which these properties maybe
utilized for purposes other than those permitted as-of-right in the
zoning districts where such buildings are located. By enhancing the
property owners' ability to maintain and preserve historic properties,
the educational, cultural, economic, social and general welfare of
the public will be advanced.
(2)
Pursuant to § 96-a of the General
Municipal Law and other applicable law, the Town Board finds that
the preservation, conservation and protection of historic buildings
serves to link Huntington's past social and cultural history with
its present, and will enhance and promote the Town of Huntington's
attractiveness to residents, businesses and cultural interests.
(B)
Uses of historic buildings. Notwithstanding
any other provision of law to the contrary, in addition to those uses
permitted as-of-right in the zoning district where the historic building
is located, the Town Board may permit additional uses after a public
hearing, and in accordance with the applicable provisions of this
Chapter.
(C)
Application. The property owner shall apply
to the Town Board by filing an application for inclusion in the Historic
Building Overlay District, and shall follow the procedure set forth
in the town code for a change of zone.
(D)
Minimum requirements. An applicant must establish,
to the satisfaction of the Town Board, the following:
(1)
The building or buildings in which an additional
use is sought has been designated a historic landmark in accordance
with the provisions of the Code of the Town of Huntington.
(2)
That the historic building, if in a residentially-zoned
district, is located within a lot having more than fifteen (15) acres.
(3)
The use would not create undue traffic congestion
or hazard.
(4)
The use would not negatively impact the value
of surrounding properties or adversely affect the character of the
neighborhood.
(5)
There are no structural or decorative additions,
alterations or modifications proposed or contemplated that would impair
the exterior character of the building, or the historical, aesthetic
or architectural significance of the structure.
(E)
Historic Preservation Commission. All applications
shall be forwarded by the Department of Planning and Environment to
the Huntington Historic Preservation Commission for its review and
recommendation, including recommendations on any restriction or condition
that should be established as a condition of approval.
[Amended 7-13-2021 by L.L. No. 35-2021]
(F)
The Town Board may, after a public hearing, approve an application, in whole or in part, and with or without special conditions or restrictions, or may deny the application. Unless extended by the Town Board and subject to the provisions of §
54-1, the application shall be deemed denied if the Board fails to act within ninety (90) day period. The decision of the Board is final as to the Town of Huntington and the resolution, if one is generated, shall be filed in the Office of the Town Clerk.
(G)
As a condition of approval, the Town Board may
impose such restrictions as it deems reasonable or necessary, including
but not limited to, the following:
(1)
A specific limitation on the uses that are authorized
at the site, or in portions of the building.
(2)
A limitation on the maximum number of persons
which may be accommodated on the premises at any one time.
(3)
Limitation upon the hours of operation.
(4)
More stringent setback requirements than would
otherwise be required in the zoning district.
(5)
Conditions on the alteration and expansion of
the structure.
(H)
Restrictive covenant. If an application is granted
with conditions, the applicant shall prepare covenants and restrictions
to run with the land and for the benefit of the Town of Huntington.
The applicant shall submit the proposed instrument to the Town Attorney
for approval as to form and content. The Town Attorney shall indicate
approval by signing the original document. The applicant shall record
the signed original document in the Office of the Suffolk County Clerk
at his or her own cost and expense and provide the Town Attorney and
Department of Planning and Environment with a copy of the recorded
instrument. The liber and page of each instrument recorded shall be
shown on the site plan submitted to the Director of Planning and Environment
before the plan will be signed for final approval.
[Amended 7-13-2021 by L.L. No. 35-2021]
(I)
Restrictions: Notwithstanding any other provision
of law to the contrary, the following shall apply:
(1)
All of the bulk, area and height requirements
of the zoning district where the property is located shall continue
to apply to the historic building unless otherwise determined by the
Zoning Board of Appeals.
(2)
Industrial uses are specifically prohibited.
(3)
Site plan approval, as necessary.
(4)
Certificate of Approval from the Town Board shall be required for any addition or alteration to the building as provided in §
198-41.
(J)
Termination of approved use.
(1)
Upon approval by the Town Board of a specific
use or uses, such use or uses will be removed or converted to a conforming
use in the base zoning district upon the termination or abandonment
of the use approved by the Town Board or the destruction of more than
fifty (50%) percent of the building by natural or other means.
(2)
In addition to the rights the Town Board may
have in law or equity, the Board may terminate the approved use in
the event the covenants and restrictions are not complied with to
the satisfaction of the Town.