[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.
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:
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.
[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]
