Village of Morrisville, NY
Madison County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Morrisville: Art. I, 5-11-1989 as L.L. No. 1-1989; Art. II, 3-11-1993 as L.L. No. 1-1993. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 91.
[Adopted 5-11-1989 as L.L. No. 1-1989]
It is hereby declared as a matter of public policy that the protection, enhancement and perpetuation of landmarks and historic districts is necessary to promote the economic, cultural, educational and general welfare of the public. Inasmuch as the identity of a people is founded on its past and inasmuch as the Village of Morrisville has many significant historic, architectural and cultural resources which constitute its heritage, this Article is intended to:
A. 
Protect and enhance the landmarks and historic districts which represent distinctive elements of the Village of Morrisville's historic, architectural and cultural heritage;
B. 
Foster civic pride in the accomplishments of the past;
C. 
Protect and enhance the Village of Morrisville's attractiveness to visitors and the support and stimulus to the economy thereby provided; and
D. 
Ensure the harmonious, orderly and efficient growth and development of the Village of Morrisville.
There is hereby created a Commission to be known as the "Village of Morrisville Historic Preservation Commission."
A. 
The Commission shall consist of a minimum of five members to be appointed, to the extent available in the community, by the Mayor, which members shall have demonstrated significant interest in and commitment to the field of historic preservation, evidenced either by involvement in a local historic preservation group, employment or volunteer activity in the field of historic preservation or other serious interest in the field; and all members shall have a known interest in historic preservation and architectural development within the Village of Morrisville.
B. 
Commission members shall serve for terms of four years, with the exception of the initial term of one of the five minimum members which shall be one year, one which shall be two years and one which shall be three years.
C. 
The Chairman and Vice Chairman of the Commission shall be elected by and from among the members of the Commission.
The powers of the Commission shall include:
A. 
Employment of staff and professional consultants as necessary to carry out the duties of the Commission.
B. 
Promulgation of rules and regulations as necessary for the conduct of its business.
C. 
Adoption of criteria for the identification of significant historic, architectural and cultural landmarks and for the delineation of historic districts.
D. 
Conduct of surveys of significant historic, architectural and cultural landmarks and historic districts within the Village of Morrisville.
E. 
Designation of identified structures or resources as landmarks and historic districts.
F. 
Acceptance on behalf of the Village of Morrisville government of the donation of facade easements and development rights and the making of recommendations to the Village of Morrisville concerning the acquisition of facade easements or other interests in real property as necessary to carry out the purposes of this Article.
G. 
Increasing public awareness of the value of historic, cultural and architectural preservation by developing and participating in public education programs.
H. 
Making recommendations to the Village government concerning the utilization of state, federal or private funds to promote the preservation of landmarks and historic districts within the Village of Morrisville.
I. 
Recommending acquisition of a landmark structure by the Village government where its preservation is essential to the purposes of this Article and where private preservation is not feasible.
J. 
Approval or disapproval of applications for certificates of appropriateness pursuant to this Article.
The Commission shall meet at least monthly, but meetings may be held at any time on the written request of any two of the Commission members or on the call of the Chairman or the Mayor.
A quorum for the transaction of business shall consist of a majority of the Commission's members, but not less than a majority of the full authorized membership may grant or deny a certificate of appropriateness.
A. 
The Commission may recommend an individual property as a landmark if it:
(1) 
Possesses special character of historic or aesthetic interest or value as part of the cultural, political, economic or social history of the locality, region, state or nation;
(2) 
Is identified with historic personages;
(3) 
Embodies the distinguishing characteristics of an architectural style;
(4) 
Is the work of a designer whose work has significantly influenced an age; or
(5) 
Because of unique location or singular physical characteristic, represents an established and familiar visual feature of the neighborhood.
B. 
The Commission may recommend a group of properties as a historic district if it:
(1) 
Contains properties which meet one or more of the criteria for designation of a landmark; and
(2) 
By reason of possessing such qualities, it constitutes a distinct section of the Village.
C. 
The boundaries of each historic district designated henceforth shall be specified in detail and shall be filed, in writing, in the Village Clerk's office for public inspection.
D. 
Upon the recommendation of the Commission, the Village Board may designate an individual property or group of properties as a landmark or historic district, respectively.
E. 
Notice of a proposed designation shall be sent by registered mail to the owner of the property proposed for designation, describing the property proposed and announcing a public hearing by the Village Board to consider the designation. Where the proposed designation involves so many owners that individual notice is unfeasible, notice may instead be published at least once in a newspaper of general circulation at least 10 days prior to the date of the public hearing. Once the Village Board has issued notice of a proposed designation, no building permits for that property shall be issued by the Code Enforcement Officer until the Village Board has made its decision.
F. 
The Village Board shall hold a public hearing prior to designation of any landmark or historic district. The Village Board, the Commission, owners and any interested parties may present testimony or documentary evidence at the hearing which will become part of a record regarding the historic, architectural or cultural importance of the proposed landmark or historic district. The record may also contain staff reports, public comments or other evidence offered outside the hearing.
G. 
Upon approval of the proposed designation by the Village Board, the Commission shall forward notice of each property designated as a landmark and of the boundaries of each designated historic district to the office of the Madison County Clerk for recordation.
No person shall carry out any exterior alteration, restoration, reconstruction, demolition, new construction or moving of a landmark or property within a historic district nor shall any person make any material change in the appearance of such a property, its light fixtures, signs, sidewalks, fences, steps, paving or other exterior elements visible from a public street or alley which affect the appearance and cohesiveness of the historic district without first obtaining a certificate of appropriateness from the Historic Preservation Commission.
A. 
In reviewing an application for a certificate of appropriateness, the Historic Preservation Commission shall not consider changes to interior spaces unless they are open to the public or to architectural features that are not visible from a public street or alley.
B. 
The Commission's decision shall be based upon the following principles:
(1) 
Properties which contribute to the character of the historic district shall be retained, with their historic features altered as little as possible.
(2) 
Any alteration of an existing property shall be compatible with its historic character, as well as with the surrounding district.
(3) 
New construction shall be compatible with the district in which it is located.
C. 
In applying the principle of compatibility, the Commission shall consider the following factors:
(1) 
The general design, character and appropriateness to the property of the proposed alteration or new construction.
(2) 
The scale of proposed alteration or new construction in relation to the property itself, surrounding properties and the neighborhood.
(3) 
Texture, materials and color and their relation to similar features of other properties in the neighborhood.
(4) 
Visual compatibility with surrounding properties, including proportion of the property's front facade, proportion and arrangement of windows and other openings within the facade, roof shape and the rhythm of spacing of properties on streets, including setback.
(5) 
The importance of historic, architectural or other features to the significance of the property.
A. 
Prior to the commencement of any work requiring a certificate of appropriateness, the owner shall file an application for such a certificate with the Historic Preservation Commission. The application shall contain:
(1) 
Name, address and telephone number of the applicant.
(2) 
Location and photographs of the property.
(3) 
Elevation drawings of proposed changes, if available.
(4) 
Perspective drawings, including relationship to adjacent properties, if available.
(5) 
Samples of color or materials to be used.
(6) 
Where the proposal includes signs or lettering, a scale drawing showing the type of lettering to be used, all dimensions and colors, a description of materials to be used, method of illumination and a plan showing the sign's location on the property.
(7) 
Any other information which the Commission may deem necessary in order to visualize the proposed work.
B. 
No building permit shall be issued for such proposed work until a certificate of appropriateness has first been issued by the Historic Preservation Commission. The certificate of appropriateness required by this Article shall be in addition to and not in lieu of any building permit that may be required by any other local law of the Village of Morrisville.
C. 
The Commission shall approve with modifications or deny the permit within 60 days from receipt of the completed application. The Commission may hold a public hearing on the application, at which an opportunity will be provided for proponents and opponents of the application to present their views.
D. 
All decisions of the Commission shall be in writing. A copy shall be sent to the applicant by registered mail and a copy filed with the Village Clerk's office for public inspection. The Commission's decision shall state the reasons for denying or modifying any application.
An applicant whose certificate of appropriateness has been denied may apply for relief on the grounds that designation is working a hardship upon him. In order to prove the existence of hardship, the applicant shall establish that:
A. 
Without the proposed work, the property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible;, and in the case of a proposal for demolition, relocation or new construction, the owner must also prove:
(1) 
That the property cannot be adopted for any other use, whether by the current owner or by a purchaser, which would result in a reasonable return; and
(2) 
Efforts to find a purchaser interested in acquiring the property and preserving it have failed.
A. 
After receiving written notification from the Commission of the denial of a certificate of appropriateness, an applicant may commence the hardship process. No building permit or demolition permit shall be issued unless the Commission makes a finding that a hardship exists.
B. 
The Commission may hold a public hearing on the hardship application, at which an opportunity will be provided for proponents and opponents of the application to present their views.
C. 
The applicant shall consult in good faith with the Commission, local preservation groups and interested parties in a diligent effort to seek an alternative that will result in preservation of the property.
D. 
All decisions of the Commission shall be in writing. A copy shall be sent to the applicant by registered mail and a copy filed with the Village Clerk's office for public inspection. The Commission's decision shall state the reasons for granting or denying the hardship application.
All work performed pursuant to a certificate of appropriateness issued under this Article shall conform to any requirements included therein. It shall be the duty of the Code Enforcement Officer to inspect periodically any such work to assure compliance. In the event work is found that is not being performed in accordance with the certificate of appropriateness, or upon notification of such fact by the Historic Preservation Commission, the Code Enforcement Officer shall issue a stop-work order and all work shall immediately cease. No further work shall be undertaken on the project as long as a stop-work order is in effect.
A. 
Nothing in this Article shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a landmark or property within a historic district which does not involve a change in design, material, color or outward appearance.
B. 
No owner or person with an interest in real property designated as a landmark or included within a historic district shall permit the property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature which would, in the judgment of the Historic Preservation Commission, produce a detrimental effect upon the character of the historic district as a whole or the life and character of the property itself. Examples of such deterioration include:
(1) 
Deterioration of exterior walls or other vertical supports.
(2) 
Deterioration of roofs or other horizontal members.
(3) 
Deterioration of exterior chimneys.
(4) 
Deterioration or crumbling of exterior stucco or mortar.
(5) 
Ineffective waterproofing of exterior walls, roofs or foundations, including broken windows or doors.
(6) 
Deterioration of any feature so as to create a hazardous condition which could lead to the claim that demolition is necessary for the public safety.
Failure to comply with any of the provisions of this Article shall be deemed a violation, and the violator shall be subject to a fine not to exceed $250 for each violation or imprisonment not to exceed 15 days, or both such fine and imprisonment. Each day that the violator is in violation of this Article shall constitute a separate violation thereof. Nothing contained herein shall preclude the Village from applying for appropriate injunctive relief to a court of competent jurisdiction.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
[Adopted 3-11-1993 as L.L. No. 1-1993]
The purpose and intent of this legislation is to provide a means for fulfilling the provisions and intentions of Article I of this chapter, relating to the establishment of landmarks or historic districts. Article I provides the criteria and procedures for designating local landmarks and historic districts but does not specify the means by which a listing of such landmarks and historic districts is to be compiled and maintained. It is the purpose and intent of this Article to provide such means.
There is hereby established a Village of Morrisville Register of Landmarks and Historic Districts. This register shall include a brief description of each subject property, street address, Tax Map parcel number, recorded deed reference from the Madison County Clerk's office, date of placement upon the register and the particular local law by which the property or district was designated by the Board of Trustees for placement upon the register. The Village Clerk is hereby directed to prepare such a register and to maintain such register at all times as an instrument separate and distinct from other Village records. The register shall specifically state that it is kept pursuant to the provisions of Chapter 111, Articles I and II, of the Village of Morrisville Code.
The register shall be at all times available for public inspection during the Village Clerk's normal business hours.
Effective immediately, the following properties are hereby designated as local landmarks of the Village of Morrisville and shall be placed upon the register established by this article:
A. 
Village Library, located on the north side of Main Street, Tax Map parcel number 111.15-1-61.
B. 
The former bank building now owned and occupied by Haylor, Freyer and Coon, also on the north side of Main Street, Tax Map parcel number 111.15-1-59.
C. 
Madison Hall, located on the south side of Main Street adjacent to the State University of New York campus, Tax Map parcel number 111.19-2-53.
[Added 9-9-1993 by L.L. No. 4-1993[1]]
[1]
Editor's Note: The Mead-Vair House located at 25 East Main Street, which was added to the register by this local law, was deleted 12-9-1993 by L.L. No. 5-1993.
D. 
Property located at 15 East Main Street (presently owned by Robert Rouse), Tax Map parcel number 111.15-1.48.
[Added 3-9-1995 by L.L. No. 1-1995]
E. 
The former H.E. Tyler Sleigh and Cutter Works building located on Mill Street, Tax Map parcel number 111.19-1-15.
[Added 3-9-1995 by L.L. No. 1-1995]
F. 
The "John E. Smith Law Office," located at 23 East Main Street, Tax Map parcel number 111.15-1-50.
[Added 5-9-1996 by L.L. No. 2-1996]
G. 
The former "Village Engine House," located on East Main Street, Tax Map parcel number 111.15-1-64.
[Added 9-5-1996 by L.L. No. 3-1996]
H. 
The former "Village jail," located on Mill Street, Tax Map parcel number 111.19-7-17.
[Added 10-10-1996 by L.L. No. 5-1996]
I. 
The "Morrisville Rural Cemetery" located on Cedar Street, Tax Map parcel number 111.15-1-1.
[Added 5-8-1997 by L.L. No. 1-1997]
J. 
The "Morrisville-Eaton Central School," located on Eaton Street, Tax Map parcel number 111.19-2-51.
[Added 5-14-1998 by L.L. No. 2-1998]
K. 
The former "Cloyes House," located at 23 Eaton Street, Tax Map parcel number 111.19-2-26.
[Added 5-14-1998 by L.L. No. 2-1998]
L. 
The former "Farwell House," located at 29 Eaton Street, Tax Map parcel number 111.19-2-24.
[Added 5-14-1998 by L.L. No. 2-1998]
M. 
The former "Bicknell House," located at 22-24 Eaton Street, Tax Map parcel number 111.19-1-38.
[Added 5-14-1998 by L.L. No. 2-1998]
N. 
Property located at 19 Eaton Street (presently owned by James Hotaling), Tax Map parcel number 111.19-2-27.
[Added 7-13-2000 by L.L. No. 1-2000]
O. 
Property located at 17 Eaton Street (presently owned by James Hotaling), Tax Map parcel number 111.19-2-28.
[Added 7-12-2001 by L.L. No. 2-2001]
P. 
Property located at 33 Eaton Street (presently owned by Duane Button), Tax Map parcel number 111.19-2-23.
[Added 7-12-2001 by L.L. No. 2-2001]
Q. 
Property located at 13 East Maple Avenue (presently owned by William Donnelly), Tax Map parcel number 111.19-2-19.
[Added 7-12-2001 by L.L. No. 2-2001]
R. 
Property located at 23 Union Street (presently owned by Ruth Matthias), Tax Map parcel number 111.19-2-38.
[Added 7-12-2001 by L.L. No. 2-2001]
S. 
Property located at 19 Union Street (presently owned by Andres Lopez), Tax Map parcel number 111.19-2-37.
[Added 7-12-2001 by L.L. No. 2-2001]
T. 
Property located at 18 Union Street (presently owned by Vincent E. Casey), Tax Map parcel number 111.19-2-15.
[Added 9-11-2003 by L.L. No. 3-2003]
U. 
Property located at 50 Eaton Street (presently owned by Mannon and Nancy McPherson), Tax Map parcel number 111.19-1-55.
[Added 9-11-2003 by L.L. No. 3-2003]
V. 
Property located at 25 Union Street (presently owned by Laurie Church), Tax Map parcel number 111.19-2-39.
[Added 9-11-2003 by L.L. No. 3-2003]
W. 
Property located at 44 Eaton Street (presently owned by Robert and Ginger). Tax Map parcel number 111.19-1-54.
[Added 9-9-2004 by L.L. No. 2-2004]
X. 
Property located at 60 Eaton Street (presently owned by Charles and Diana Molloy), Tax Map parcel number 111.19-1-57.
[Added 9-9-2004 by L.L. No. 2-2004]
Y. 
Property located at 7 Cross Avenue (presently owned by Phyllis Mattingly), Tax Map parcel number 111.15-1-5.
[Added 8-11-2005 by L.L. No. 2-2005]
Z. 
Property located at 14 Union Street (presently owned by Anthony and Carolyn Gerakopoulos), Tax Map parcel number 111.19-2-13.
[Added 8-11-2005 by L.L. No. 2-2005]
AA. 
Property located at 121 East Main Street (presently owned by Charles and Barbara Bostic), Tax Map parcel number 111.20-1-12.
[Added 8-8-2006 by L.L. No. 1-2006]
BB. 
Property located at 2 East Main Street (Redy Block) (presently owned by Mark Welytok), Tax Map parcel number 111.19-2-1.
[Added 8-8-2006 by L.L. No. 1-2006]
CC. 
Property located at 12 Cross Avenue (presently owned by Marie L. Smith), Tax Map parcel number 111.15-1-11.
[Added 8-8-2006 by L.L. No. 1-2006]
DD. 
Property located at 15 West Main Street (presently owned by Morrisville Auxiliary Corporation), Tax Map parcel number 111.19-1-31.
[Added 10-11-2007 by L.L. No. 3-2007]
EE. 
Property located at 26 Eaton Street (presently owned by Joseph D'Addario), Tax Map parcel number 111.19-1-39.
[Added 10-11-2007 by L.L. No. 3-2007]
FF. 
Property located at 47 Eaton Street (presently owned by Robert and D'Aun Wetherill), Tax Map Parcel No. 111.19-2-50.
[Added 9-11-2008 by L.L. No. 4-2008[2]]
[2]
Editor's Note: This local law also repealed former Subsection FF, regarding the property located at 57 West Main Street, added 12-13-2007 by L.L. No. 4-2007.
GG. 
Property located at 12 North Street (presently owned by Traci & John Schuster III), Tax Map parcel number 111.20-1-9.
[Added 12-13-2007 by L.L. No. 4-2007]
HH. 
Property located at 13 Union Street (presently owned by Hollis & Patricia Doxtater), Tax Map parcel number 111.19-2-35.
[Added 12-13-2007 by L.L. No. 4-2007]
II. 
Property located at 31 South Street (presently owned by Michael Bischoff), Tax Map parcel number 111.20-1-39.
[Added 12-13-2007 by L.L. No. 4-2007]
JJ. 
Property located at 10 Cedar Street (presently owned by James & Lisa Stopchick), Tax Map parcel number 111.15-1-45.
[Added 9-9-2010 by L.L. No. 3-2010]