[HISTORY: Adopted by the Board of Trustees of the Village of Mamaroneck 5-10-1982 as L.L. No. 9-1982, (Local Law
No. 9-1982 was included as Chapter 22 of the Unified Code of Ordinances.)
effective 5-21-1982. Section 218-5C amended at time of
adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments
noted where applicable.]
It is desirable to take measures to provide for the creation of preservation
districts and protected sites and structures 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 residents of the
Village of Mamaroneck:
A.
To provide for the protection, enhancement, perpetuation
and use of those districts, sites and structures which are illustrative of
the growth and development of the Village of Mamaroneck and which are of particular
historic or aesthetic value to the village.
B.
To recognize and ensure the preservation of those elements
of the village's past which represent many and varied architectural,
artistic and cultural achievements which cannot be duplicated or otherwise
replaced.
C.
To promote the use of preservation districts and protected
sites and structures as a means of providing enjoyment and unique educational
benefit by perpetuating the physical evidence of the village's past.
D.
To stabilize and improve property values of such districts,
sites and structures and otherwise promote their reuse.
E.
To protect and enhance the village's attractions
to tourists and visitors and the support and stimulus to business and industry
thereby provided.
F.
To foster civic pride in those elements of the village's
past which give Mamaroneck its unique character and set it apart from other
localities.
As used in this chapter, the following terms shall have the meanings
indicated:
A certificate issued by the Board of Architectural Review authorizing
a material change of appearance of a protected site or structure or within
a district, subject to other applicable permit requirements.
A preservation district.
Any exterior structural, ornamental or functional element of a structure
which shall be open to public view, including but not limited to type, color
and texture of building materials; entryways; fenestration; lighting fixtures;
roofing; sculpture and carving: steps; rails; fencing; vents and other openings;
grillwork; signs; canopies; and other attachments.
Any structural, ornamental or functional element of a structure located
within the interior of a public building or other building accessible to the
general public, including but not limited to entryways, lobby area, hallways
and corridors, auditoriums and places of public assembly, galleries and exhibition
areas and interior courtyards. The structural, ornamental or functional elements
referred to herein shall include but not be limited to type, color and texture
of building materials; lighting fixtures; flooring; ceilings; ornamental woodwork;
mouldings and trim; casings; stairs; rails; masonry; paintings and works of
art; sculpture and carving; doors; transoms and sidelights; fenestration;
skylights; and other interior elements.
Includes but is not limited to:
Any treatment to a structure which results in a change in materials,
texture, colors, bulk, mass or any treatment by the addition, substitution
or deletion of materials or fixtures, including such treatment which results
in the covering of existing surfaces, or the severance or improvement of the
land in a designated district or which is designated as a protected site.
Complete or partial demolition.
Commencement of excavation.
Deposit of refuse, waste or fill on land not already used for that purpose.
Change in design or location of advertising on the exterior of any structure.
Routine repair, replacement or maintenance of electrical or mechanical
installations or of damaged or worn parts or surfaces, including repainting
using the same color, landscaping and treatment of flat roof area not visible
to the general public.
An area of the Village of Mamaroneck delineated on the Zoning Map of such village, which meets some or all of the criteria enumerated in § 218-5 and which, by reason of such factors, constitutes a distinct section of the village, and which is designated as a "preservation district" pursuant to amendment of the Zoning Ordinance.[1]
An easement or other interest less than a fee interest in favor of
the Village of Mamaroneck in a protected site or structure or a structure
in a district.
A.
Jurisdiction and purpose. To effectuate the goals of
this chapter, there is hereby established in and for the Village of Mamaroneck
the Mamaroneck Landmarks Advisory Committee, hereinafter called the "Committee."
B.
Composition and selection.
(1)
The members of the Committee shall be appointed by and
serve at the pleasure of the Board of Trustees. The Committee shall consist
of seven (7) members, of whom at least six (6) shall be village residents,
any one (1) of whom shall be a property owner, and appointments shall include
at least one (1) architect or architectural historian, one (1) member of the
Village Historical Society and one (1) member of the Local Real Estate Board.
[Amended 10-11-1983 by L.L. No. 9-1983,
effective 10-17-1983]
(2)
Members shall serve for three-year terms. The first appointments
shall be established as follows: one (1) one-year term, two (2) two-year terms
and two (2) three-year terms. Vacancies shall be filled by the Mayor with
approval of the Board of Trustees in the same manner as provided for other
appointments. A Chairperson shall be selected by the Committee from among
its members for a one-year term.
(3)
Members of the Committee shall serve without compensation.
C.
Powers and duties.
(1)
The Committee shall investigate, document and make annual recommendations, or more frequently at its discretion, to the Board of Trustees for designation of districts and protected sites and structures pursuant to § 218-5 herein.
(2)
In carrying out the aforementioned duties, the Committee
shall have the power to:
(a)
Adopt such regulations pertaining to its duties as it
may deem necessary to effectuate the purposes of this chapter. Copies of such
regulations shall be filed with the Village Clerk and the Village Planning
Board.
(b)
Retain or employ professional consultants, secretaries,
clerks or other such personnel as may be necessary to assist it in carrying
out its duties, to the extent that funds are appropriated and available therefor.
(c)
Conduct surveys, in consultation with public or private
agencies as appropriate, of buildings for the purpose of determining those
of historic and/or architectural significance and pertinent facts about them.
(d)
Formulate and publish recommendations concerning the
preparation of maps, brochures and historical markers for selected historic
and/or architectural sites and buildings.
(e)
Cooperate with and advise the Board of Trustees and other
public and private agencies in matters involving historic and/or architectural
sites and buildings.
(f)
Advise owners of historic buildings on problems and benefits
of preservation and restoration.
(3)
In making its recommendations, the Committee shall provide to the Board of Trustees, in writing, a statement which shall set forth the reasons for the establishment of each preservation district, protected site or protected structure, including, without limitation, a description of the relevant characteristics pursuant to § 218-5B of this chapter.
A.
No material change in appearance, as hereinabove defined,
shall be made within a designated district or to a protected site or structure,
except as hereinafter provided. Nothing in this chapter shall be construed
to prevent the ordinary maintenance or repair of any exterior building component
in a district or a protected site or structure which does not involve such
a material change in appearance.
B.
This chapter shall apply to all protected sites and structures
and to all buildings, structures, outbuildings, walls, fences, steps, topographical
features, earthworks, paving and signs within a designated district; provided,
however, that it shall not apply to the construction, alteration or demolition
of any structure where, prior to the date of public notice of any proposed
designation:
C.
Nothing in this chapter shall be construed to prevent the construction, reconstruction, alteration or demolition of any building component which a duly authorized public official shall order to remove a condition dangerous to life, health or safety, but a certificate of appropriateness pursuant to § 218-6 herein shall be obtained prior to commencement of such work, unless the delay attendant on obtaining such certificate would prevent timely compliance with said order. Notice of any such order or proposed order shall be given to the Committee as soon as practicable by the agency issuing such order.
A.
Designation of exteriors and interiors.
(1)
Designation of a protected site or structure may apply
to the exterior only or to the interior only, or to both. The designation
shall include a specific reference as to whether the interior or exterior,
or both, is intended. Where such specific reference is omitted, the designation
shall be deemed to apply to the exterior only.
(2)
Designation of preservation district shall be deemed
to apply to the exterior only of structures or sites therein, except that
interiors of any structure within the district may be designated by specific
reference thereto.
B.
No preservation district or protected site or structure,
as the case may be, shall be designated, unless it is found to possess one
(1) or more of the following characteristics:
(1)
Association with persons or events of historic significance
to the village, region or state or nation.
(2)
Illustrative of historic growth and development of the
village, region, state or nation.
(3)
In the case of structures, embodying distinctive characteristics
of a type, period or method of construction or representing the work of a
master or possessing unique architectural and artistic qualities or representing
a significant and distinguishable entity whose components may lack individual
distinction.
(4)
In the case of districts, possessing a unique overall
quality of architectural scale, texture, form and visual homogeneity, even
though certain structures within the district may lack individual distinction.
(5)
In the case of interiors, possessing one (1) or more of the characteristics enumerated in Subsection B(1), (2) or (3) above and, in addition, embodying distinctive characteristics of architectural scale, form and visual homogeneity which are an integral part of the character of the structure in which the space is contained.
C.
Designation of a preservation district or a protected
site or structure shall be deemed a proposed amendment to the Zoning Ordinance
and Official Zoning Map of the Village of Mamaroneck[1] or the Code of the Village of Mamaroneck and shall become effective
only after public hearing upon approval of such proposed amendment in the
manner provided by law. The Landmarks Advisory Committee or any person, group
or persons or association may petition the Village Board of Trustees for adoption
of such an amendment. In addition to any other notices required by law, the
Village Board of Trustees shall notify the Landmarks Advisory Committee ten
(10) days prior thereto of any hearings bearing on a proposed designation
or change thereof. No site or structure shall be designated unless the owner
thereof files such written consent, nor shall any property be included within
a preservation district unless the owner thereof files a written consent with
the Clerk.
[Amended 3-23-1987 by L.L. No. 5-1987,
effective 4-2-1987]
D.
The proposed designations or changes thereof shall be
filed by the Landmarks Advisory Committee with the Village Clerk, together
with its request that all property owners affected by such proposals be notified
thereof. The Village Clerk shall give public notice of such proposals and
shall mail each property owner affected by the proposals a copy thereof.
E.
Following expiration of the time within which affected
property owners may object, the proposals as to which there are no objections
shall be referred to the Village Planning Board and the Board of Architectural
Review for their review and recommendations to the Village Board of Trustees.
F.
The resolutions and/or recommendations of the Village
Planning Board and the Board of Architectural Review with respect to any proposed
designation or change thereof, together with the recommendations of the Landmarks
Advisory Committee, shall be forwarded to the Village Clerk, who shall transmit
copies of the same to the Board of Trustees. The Board of Trustees shall either
adopt, modify or reject the recommendations of the Landmarks Advisory Committee,
the Planning Board and the Board of Architectural Review with respect to proposed
designation or change thereof. Designation of a district or a protected site
or structure can be rescinded only by the Board of Trustees.
G.
Within five (5) business days after a designation of
a district or protected site or structure becomes effective, notice of such
designation shall be sent to all affected property owners and to all town,
village and county departments having power to administer and enforce any
laws, codes or regulations governing real property within the village, and
a certified copy of the designating local law, ordinance or resolution shall
be filed in the office of the Clerk of Westchester County and indexed against
the affected parcels of land.
H.
The designated preservation district and protected sites
and structures shall be set forth in this subsection by block and lot number,
street designation and, if appropriate, by local designation and are as follows:
(1)
Section 4, Block 77, Lots 30B and 30C, on the Tax Map
of the Village of Mamaroneck, also known as the "Old Mill" and located on
Taylors Lane in the Village of Mamaroneck, New York (protected site and structure:
both the interior and the exterior).
[Added 8-8-1983 by L.L. No. 7-1983,
effective 9-6-1983]
(2)
Section 9, Block 50, Lot 3, on the Tax Map of the Village
of Mamaroneck, also known as "100 Mamaroneck Avenue" (protected structure:
both the exterior and portions of the interior).
[Added 12-12-1983 by L.L. No. 15-1983,
effective 12-22-1983]
(3)
Section 9, Block 31, Lot 1D, on the Tax Map of the Village
of Mamaroneck, also known as the "American Legion Hall" and located at 189
Prospect Avenue (protected structure: exterior portion only).
[Added 5-30-1984 by L.L. No. 12-1984,
effective 6-8-1984]
(4)
Section 9, Block 51, Lot 8A, on the Tax Map of the Village
of Mamaroneck, also known as the "Hook and Ladder Company No. 1 Firehouse"
and located at 147 Mamaroneck Avenue (protected structure: front exterior
portion only).
[Added 6-18-1984 by L.L. No. 13-1984,
effective 6-29-1984]
(5)
Section 9, Block 49, Lot 4A, on the Tax Map of the Village
of Mamaroneck, also referred to as the "Lichtenstein Building" and located
at 158 West Boston Post Road (protected structure: exterior portion, including
roof).
[Added 2-11-1985 by L.L. No. 8-1985,
effective 2-25-1985]
(6)
Section 8, Block 58, Lots 7A, 8A and 9A, on the Tax Map
of the Village of Mamaroneck, also referred to as the "Bedelle Cottage" and
located at 130 Highview Street (protected structure: exterior and portions
of interior).
[Added 2-25-1985 by L.L. No. 9-1985,
effective 3-11-1985]
(7)
Section 8, Block 58, Lots 10A, 11A, 12A, 13, 14, 15 and
16, on the Tax Map of the Village of Mamaroneck, also referred to as the "Bedelle
Homestead" and located at 136 Highview Street (protected structure: exterior
and portions of interior).
[Added 2-25-1985 by L.L. No. 9-1985,
effective 3-11-1985]
(8)
Section 8, Block 64, Lot 26A, on the Tax Map of the Village
of Mamaroneck, also known as the "Skinny House" and located at 175 Grand Street
(protected structure: both the interior and the exterior).
[Added 1-27-1986 by L.L. No. 2-1986,
effective 2-20-1986]
(9)
Section 4, Block 66, Lot 22, on the Tax Map of the Village
of Mamaroneck, also known as the "Town of Rye Dock Property," and located
at the East Boston Post Road, adjacent to Guion Creek [including the land,
two (2) rights-of-way, the bridge and the remnant of land wall].
[Added 6-12-1989 by L.L. No. 10-1989,
effective 6-22-1989]
(10)
Section 9, Block 10, Lot 26, on the Tax Map of the Village
of Mamaroneck, also known as the "Town of Mamaroneck Cemetery," and located
at Mount Pleasant Avenue (including the land and gravestones).
[Added 8-14-1989 by L.L. No. 14-1989,
effective 8-24-1989]
(11)
Section 4, Block 59, Lot 10A (portion thereof) on the
Tax Map of the Village of Mamaroneck, also known as the "Mamaroneck United
Methodist Church" and located at 514 East Boston Post Road (including the
interior and exterior of church structure and sanctuary, the exterior of the
two-story parlor and the property site).
[Added 5-13-1991 by L.L. No. 5-1991,
effective 5-24-1991]
A.
Notwithstanding any inconsistent ordinance, code, rule
or regulation concerning the issuance of building or other permits, no material
change of appearance in any designated feature of a structure in a designated
district or of a designated protected site or structure shall be commenced
without issuance of a certificate of appropriateness from the Board of Architectural
Review, hereinafter referred to as "BAR," nor shall any building or other
permit for such change be issued without such a certificate of appropriateness
having first been issued. The certificate of appropriateness required by this
section shall be in addition to and not in lieu of any building or other permit
that may be required by any state or local law or regulation.
B.
Application for a certificate of appropriateness shall
be submitted to the BAR in such form and including such information as the
BAR may require.
C.
Issuance of certificate.
(1)
Within a reasonable time after an application is filed
and following consultations with the Landmarks Advisory Committee, the BAR
shall determine whether the proposed material change will be appropriate to
the preservation of the district or the protected sites or structures in view
of the purposes of this chapter. In passing upon appropriateness, the BAR
shall consider, in addition to any other pertinent factors, the historical
and architectural style, general design arrangement, texture, material and
color of the building component involved and the relationship thereof to other
structures in the immediate neighborhood or district.
(2)
If the BAR approves a material change proposed, said
Board shall issue a certificate of appropriateness, which shall specify the
work to be done. In issuing such certificate, the BAR may prescribe any conditions
that it deems to be necessary to carry out the intent and purposes of this
chapter. A certificate issued pursuant to this section shall relate solely
to proposed plans accompanying the application or otherwise submitted to the
BAR for official consideration prior to issuance of said certificate. It shall
be unlawful to deviate from the plans, including any modifications required
as a condition of the issuance of such certificate, unless and until an amended
certificate shall be applied for and issued. Notwithstanding the foregoing,
the BAR shall not issue any such certificate unless and until it has been
advised by the agencies or department having jurisdiction that there is no
impediment to the issuance of any building or other permit as may be required
by applicable state or local law or regulation for said work.
(3)
If the BAR determines that a certificate should not be issued or that a certificate should be issued only upon specific conditions, the BAR shall notify the applicant, in writing, of such determination and of the BAR's reasons therefor. Such notice shall advise the applicant of his right to hearing before the BAR to appeal such determination or to show substantial hardship pursuant to § 218-7 herein, as a result of such determination, if the applicant makes written application to the BAR therefor within ten (10) days of receipt of such notice.
(4)
Notwithstanding the foregoing, if the BAR fails to issue
a certificate or notify the applicant of its determination not to issue a
certificate within thirty (30) days after application therefor is filed or
within such additional time period as the BAR and the applicant may agree,
such application shall be deemed approved.
D.
Regulations.
(1)
Nothing contained in this chapter shall be construed
as authorizing the BAR, in acting with respect to an application for a certificate
of appropriateness or in adopting regulations in relation thereto, to waive
any regulations or laws relating to height and bulk of buildings, area of
yards, courts and other open spaces, density of population, the locations
of trades and industries or the location of buildings designed for specific
uses.
(2)
The BAR may, in exercising or performing its powers,
duties or functions under this chapter with respect to any structure in a
district or to any protected structure, apply or impose, with respect to the
construction, reconstruction, alteration, demolition or use of such structure,
determinations or conditions which are more restrictive than those prescribed
or made by or pursuant to the applicable district regulations contained herein
or to any other applicable provisions of law.
E.
Removing dangerous conditions. Anything herein to the
contrary notwithstanding, in any case where a duly authorized enforcement
agency shall order or direct the construction, removal, alteration or demolition
of any improvement on a protected site or in a preservation district, for
the purpose of remedying conditions determined to be dangerous to life, health
or safety, a certificate of appropriateness shall be issued to permit compliance
with such order or direction; provided, however, that the work shall not result
in a material change of appearance where the danger to life, health or safety
may be abated without such material change of appearance.
A.
Notwithstanding the foregoing, in the event that the BAR's failure to issue a certificate of appropriateness causes a substantial hardship to the applicant, the BAR shall take one (1) or more of the actions enumerated in Subsection B below. For purposes of this section, "substantial hardship" shall require a showing, to the satisfaction of the BAR, that:
B.
Upon a showing of substantial hardship, the BAR shall
take one (1) or more of the following actions:
(1)
Exercise its powers hereunder and its good offices to
assist the owner in developing an economically feasible plan to overcome the
BAR's objections to the issuance of a certificate of appropriateness.
(2)
Reconsider its decision and issue such certificate if
it finds that such certificate may be issued without substantial detriment
to the public welfare and without deviation from the intent and purposes of
this act.
(3)
Recommend to the Board of Trustees a limitation or remission
of taxes on the property affected, if permissible by law.
(4)
Recommend to the Board of Trustees that the village acquire,
by purchase or condemnation, a preservation restriction on the structure affected,
on such terms and conditions as the Board of Trustees may approve.
C.
In the event that the BAR determines that failure to
issue a certificate will cause a substantial hardship to the owner and recommends
that the Board of Trustees takes one (1) or more steps to alleviate such hardship,
and the Board of Trustees fails to adopt such measures recommended by the
BAR or such other measures as may be sufficient to alleviate such hardship
within ninety (90) days, then such certificate shall be deemed to have been
issued to the owner. For purposes of this section, the ninety-day period shall
be computed from the date the written findings and recommendations of the
BAR are delivered to the Village Clerk. Any relief granted hereunder shall
be in conformance with the objectives of this chapter and shall be limited
to the minimum required to effect substantial justice and shall be in harmony
with the general purpose and intent of this chapter.
Plans for the construction, reconstruction, alteration or demolition
of any improvement or proposed improvement which is owned by the village or
is to be constructed upon property owned by the village and is or is to be
located on a protected site or in a preservation district shall, prior to
the final action by the village approving or otherwise authorizing the use
of such plans with respect to securing the performance of such work, be referred
to the BAR by the agency of the village having responsibility for the preparation
of such plans. Within thirty (30) days after such referral, the BAR, after
consultation with the Landmarks Advisory Committee, shall submit its recommendations
thereon to the Board of Trustees and the referring agency. Failure of the
BAR to submit such recommendations within sixty (60) days shall be deemed
approval by said Board.
A.
Any person who violates any of the provisions of this
chapter shall be subject to a cumulative penalty of not more than one hundred
dollars ($100.) per day for each such violation, and each day such violation
continues shall constitute a separate violation. Any person who knowingly
and willfully violates or assists in the violation of this chapter shall be
guilty of an offense and, upon conviction, shall be punished by a fine of
not more than one hundred fifty dollars ($150.) or imprisonment for not more
than fifteen (15) days, or by both such fine and imprisonment, for each offense.
For the purpose of this section, the term "person" shall include the owner,
occupant, mortgagee or vendee in possession, assignee of rents, receiver,
executor, trustee, lessee, agent or any other person, firm or corporation
directly in control of a building or part thereof and is deemed to include
all the officers and directors if such person is a corporation.
B.
The Village Attorney shall, when directed by the Board
of Trustees after the Board of Trustees has received a complaint from the
BAR or from the Landmarks Advisory Committee, institute appropriate action
to restrain, prevent, enjoin, abate, correct or remove violations of this
chapter and to take such other legal action as is necessary to carry out the
terms and provisions of this chapter. The remedies provided for herein shall
be cumulative and not exclusive and shall be in addition to any other remedies
provided by law; any and all remedies may be pursued concurrently or consecutively,
and the pursuit of any remedy shall not be construed as an election or the
waiver of the right to pursue any and all of the others.
