[HISTORY: Adopted by the Board of Trustees of the Village of Thomaston
7-14-1980 by L.L. No. 19-1980 as Ch. 83 of the 1980 Code. Amendments noted
where applicable.]
A.
The Board of Trustees of the Village of Thomaston hereby
finds that:
(1)
There exist in the Village of Thomaston places, sites,
structures and buildings of special historic significance or places, sites,
structures and buildings which, by reason of famous events, their antiquity
or uniqueness of architectural construction and design, are of particular
significance to the heritage of our village, town, county, state and country.
(2)
The conservation, protection and preservation of such
places, sites, structures and buildings is a public necessity in harmony with
the village plan and will promote the public health, safety and general welfare.
B.
Now, therefore, the Board of Trustees of the Village
of Thomaston hereby declares that the purpose of this chapter is to accomplish
the conservation, protection and preservation of such places, sites, structures
and buildings.
[Amended 2-14-1994 by L.L.
No. 2-1994]
As used in this chapter, the following terms shall have the meanings
indicated:
Any act or process which changes one (1) or more of the exterior
architectural features of a building designated as a landmark, or any building
or structure in an historic district.
Any structure or combination of materials forming a construction,
whether for the purpose of providing shelter to persons, animals or property,
or otherwise.
The architectural style, design, general arrangement and components
of all of the outer surfaces of any building, including but not limited to
the kind, color and texture of the building material and the type and style
of all windows, doors, lights, signs and other fixtures appurtenant to such
building.
Any area which contains sites, places or buildings which have a special
character and ambiance, or historic value, or aesthetic interest, or which
represent one (1) or more periods or styles of architecture of an historical
era, and which cause such area to constitute a distinct section of the village.
Any site (including significant trees or other plant life located
thereon) or building of particular historic or aesthetic significance to the
village, the Town of North Hempstead, the County of Nassau, the State of New
York or the United States. The term "landmark" includes sites, buildings or
structures where cultural, political, spiritual, economic, social or artistic
history of the community, state or nation is reflected or exemplified, or
which are identified with historic personages or with important events in
local, state or national history, or which embody the distinguishing characteristics
of an architectural specimen, inherently valuable for a representation of
a period, style or method of construction, or a notable work of construction,
or a notable work of a master designer or architect whose individual genius
influenced an age. The term "landmark" also includes any site within the village
and included in the National Register of Historic Places, the Historic American
Buildings Survey or on any similar list maintained by the State of New York.
A.
Creation; composition; officers; terms; compensation.
[Amended 2-14-1994 by L.L.
No. 2-1994]
(1)
There is hereby created a Landmarks Preservation Commission
("Commission") which shall consist of five members appointed by the Mayor,
with the approval of the Board of Trustees. The Mayor shall designate one
member of the Commission as Chair and one member of the Commission as the
Vice Chair, and such persons shall serve in such capacity during their term
of office unless removed or replaced pursuant to law.
[Amended 2-10-1997 by L.L.
No. 2-1997]
(2)
Members are to be appointed for terms of one (1) official
year. Members may serve more than one (1) consecutive term and shall remain
in office until the appointment of a successor. A vacancy in any position
shall be filled for the balance of the remaining term in the same manner as
provided for an original appointment.
(3)
The members of the Commission shall serve without compensation
but shall be reimbursed for expenses necessarily incurred in the performance
of their duties in consequence of the Board of Trustees' appropriation for
such purpose.
B.
Powers and duties.
(1)
The Landmarks Preservation Commission shall have the
powers and duties granted by the sections of this chapter and shall have the
power to designate a place, site, structure or building as a landmark or as
part of an historic district, subject to the approval or disapproval of the
Board of Trustees.
(2)
In addition, the Landmarks Preservation Commission shall
have the power to retain consultants, including but not limited to technical
experts, engineers, architects and historians, to advise in the preparation
of any plans or projects or to render assistance and advice in connection
with any project to fulfill the duties of the Landmarks Preservation Commission.
Any contract to retain such consultants which involves the expenditure of
village funds shall be subject to the approval of the Board of Trustees.
[Amended 2-14-1994 by L.L.
No. 2-1994]
A.
Any person may request the designation of a landmark
or historic district by submitting a written request to the Commission. The
Commission may initiate a request for designation of a landmark or historic
district.
B.
In the event that the Commission receives a request for
designation of a landmark or historic district or initiates a request for
designation of a landmark or historic district, the Commission shall give
notice of such receipt to the Building Inspector. The Commission shall consider
said request at a meeting thereof. Notice of such meeting shall be given to
the applicant and to the owner of any real property which is the subject of
such request and to the owners of all real property located within two hundred
fifty (250) feet of the exterior boundary lines of the subject parcel or area
at least fifteen (15) days prior to the date of the meeting. Notice of such
meeting shall also be published in the official newspaper of the village at
least five (5) days before the meeting.
C.
The Commission shall approve or disapprove a request for designation within sixty (60) days after the meeting at which such request is considered. Such approval may be limited to the proposed historic district or landmark as described in the request or may include fewer properties or sites than included in the request. No such approval shall include additional property or sites other than those identified in the request, unless notice of a meeting to consider the inclusion of such property has been given as provided in Subsection B hereof.
D.
Disapproval.
(1)
If the Commission disapproves a request, the proceedings
for designation of the landmark or historic district shall terminate, and
notice thereof shall be given by the Commission to the Board of Trustees.
(2)
The Board of Trustees may overrule a determination by the Commission to disapprove a request, provided that such action by the Board of Trustees is considered at a public hearing of the Board, notice of which has been given in the same manner as provided in Subsection B hereof, and further provided that such action is taken by affirmative vote of at least four (4) members of the Board of Trustees.
E.
Approval.
(1)
If the Commission approves a request for designation
of a landmark or historic district, the Commission shall issue a written determination
stating its findings and conclusions. Such written determination shall be
transmitted to the Board of Trustees and to the owners of any property included
in such approval.
(2)
The Board of Trustees may affirm or modify a determination by the Commission to approve a request, provided that such action by the Board of Trustees is considered at a public hearing of the Board, notice of which has been given in the same manner as provided in Subsection B hereof, and further provided that such action is taken by affirmative vote of at least a majority of the Board of Trustees.
F.
If the Board of Trustees approves a request for designation
of a landmark or historic district, notice of such approval shall be given
by the Village Clerk to the owners of all properties so designated, or within
such district, by certified mail to such owners at the address shown for such
owners on the then-current village tax roll. The Village Clerk shall also
notify the Building Inspector and the Commission of any such approval.
[Amended 2-14-1994 by L.L.
No. 2-1994]
A.
Upon receipt of notice that the Commission is considering
a request for designation of a place, site or building as a landmark or historic
district, and until sixty (60) days have elapsed after disapproval of such
request by the Commission, or until disapproval of such request by the Board
of Trustees, whichever first occurs, the Building Inspector shall not issue
any permit for the demolition, alteration or improvement of said place, site
or building without the express authorization of the Board of Trustees.
[Amended 2-14-1994 by L.L.
No. 2-1994]
A.
No building, site or place designated as a landmark or
within an historic district shall be constructed, altered, repaired, moved
or demolished except in compliance with this section.
B.
Prior to issuance of any building permit therefor, the
Commission shall review all applications for permits for moving, alteration,
exterior construction, landscaping or demolition of any place, site or building
designated as a landmark or within the boundaries of an historic district.
(1)
In conducting such review, the Commission shall be limited
to any activities which relate to or affect the exterior features of a building
visible from a public way or place, and the Commission shall have no jurisdiction
to review any activities which relate only to interior walls, arrangements
or structures.
(2)
The Commission shall consider:
(a)
The historical and architectural value and significance
of the building or site and its relationship to the historic and architectural
value of the surrounding area.
(b)
The general appropriateness of proposed exterior design,
colors, arrangements, textures and materials.
(c)
Any other factors which the Commission deems pertinent
to the benefit of the village and to the historic or architectural significance
of the building and the surrounding area.
C.
All alterations, repairs and additions to buildings or
sites designated as a landmark or located wholly or partially within an historic
district shall be made consistent with the materials and style of the particular
architectural period of which the building is characteristic.
D.
New construction shall be consistent with the architectural
styles of historic value in an historic district. However, the Commission
may approve the construction of buildings which have a dissimilar architectural
style to that of the historic district if the Commission determines that the
new construction would be in the best interests of the district.
E.
Moving of any building designated as a landmark or located
wholly or partially within an historic district is prohibited, except where
the Commission shall determine that moving such building is the only feasible
alternative to demolition thereof.
[Added 2-14-1994 by L.L.
No. 2-1994]
Any application for a building permit to construct, alter, repair, move
or demolish any place, site or building designated as a landmark or located
wholly or partially within an historic district shall be made to the Building
Inspector pursuant to the requirements of this Code, except as hereinafter
provided.
A.
Such application shall state that the property has been
designated as a landmark and/or is located within the boundaries of an historic
district. The plans submitted to the Building Inspector shall show the building
in question and shall show its relation to adjacent buildings and the construction,
alteration, repair, moving or demolition sought to be accomplished.
B.
The Building Inspector shall transmit any such complete
application to the Commission for its review. In making such review, the Commission
may confer with the applicant, an authorized representative of the applicant
or any other interested person.
C.
The Commission shall approve, disapprove or modify and
approve said application within sixty (60) days after receiving said application
and plans. Such determination of the Commission shall be submitted promptly,
in writing, to the Building Inspector.
D.
The Building Inspector shall not issue any permit for
such alteration, construction, improvement, repair, moving or demolition except
in accordance with the approval of the Commission.
E.
A determination of the Commission or the Building Inspector
made pursuant to this section may be appealed to the Board of Appeals by any
person aggrieved thereby.
[Added 2-14-1994 by L.L.
No. 2-1994]
A.
The provisions of this chapter shall not apply to any
construction, removal, alteration, addition or demolition to an existing building
which is directed by the village or its authorized representative to be performed
for the purpose of remedying conditions deemed to be unsafe or dangerous to
the life, health or safety of any person or property.
B.
This chapter shall not be construed to prevent ordinary
maintenance or repair, with materials of a like quality, color and kind, of
any place, site or building designated as a landmark or within an historic
district.
C.
Notwithstanding any other provision of this chapter,
where an owner of any place, site or building which has been designated as
a landmark or which is within an historic district, or for which a request
for designation as a landmark is pending, or which is within an area which
is the subject of a pending request for designation as an historic district,
establishes to the satisfaction of the Commission that there is unnecessary
financial hardship in the strict application of the provisions of this chapter,
the Commission, with or without conditions, may authorize the issuance of
a permit for construction, reconstruction, alteration, improvement, repair,
demolition or moving of such place, site or building upon a determination
that:
(1)
The land or improvement in question cannot yield a reasonable
return if the proposed activity is not permitted;
(2)
The hardship of the applicant is due to unique circumstances;
(3)
The proposed activity will not alter the essential character
of the area;
(4)
The hardship is the result of the operation of the provisions
of this chapter and is not the result of any act or omission of the applicant
or any person acting for or on behalf of the applicant;
(5)
The activity thus permitted shall be conducted in a manner
as consistent with the objectives of this chapter as is feasible; and
(6)
The activity is in conformity with the provisions of
the Village Code other than the provisions of this chapter.
[Amended 2-14-1994 by L.L.
No. 2-1994]
A.
The Building Inspector shall be responsible for appropriate
public identification of any place, site or area designated as a landmark
or historic district.
B.
The owner of any site, place or building designated as
a landmark or within an historic district shall place in a location selected
by the Commission an appropriate sign or marker, or other identifying device,
to identity such place, site or building as a landmark or historic district.
Each such sign, marker or device shall be approved by the Commission and the
Board of Trustees as to size, style, color, typography, material of construction
and any wording or pictorial material to be displayed thereon. The costs of
such sign, marker or device shall be borne by the village.
C.
Each place, site or building designated as a landmark
and the boundaries of each historic district shall be shown and identified
on the village Official Map.
[Amended 2-14-1994 by L.L.
No. 2-1994]
B.
The imposition of any penalty for violation of any provision
of this chapter, or the pendency of any proceeding to punish a person for
any such violation, shall not preclude the Village of Thomaston from instituting
any appropriate action or proceeding in law or equity to prevent the unlawful
erection, construction, reconstruction, repair, addition, alteration, demolition,
conversion or use of property or a building or moving of any building or any
other activity in violation of any provision of this chapter. In any such
action or proceeding, the village shall be entitled to injunctive relief to
prevent or restrain any such unlawful act or activity.
