[HISTORY: Adopted by the Board of Trustees
of the Village of East Hampton 8-15-1986 by L.L. No. 22-1986 (Ch. 31 of the 1971
Code). Amendments noted where applicable.]
Attachment 1 - Table of Historic Districts
Attachment 2 - Table of Historic Landmarks and Timber-Frame LandmarksAttachment 3 - Main Street Historic District MapAttachment 4 - Hook Historic District MapAttachment 5 - Hunting Land Historic District MapAttachment 6 - Ocean Avenue Historic District MapAttachment 7 - Historic Landmarks Map
Attachment 2 - Table of Historic Landmarks and Timber-Frame LandmarksAttachment 3 - Main Street Historic District MapAttachment 4 - Hook Historic District MapAttachment 5 - Hunting Land Historic District MapAttachment 6 - Ocean Avenue Historic District MapAttachment 7 - Historic Landmarks Map
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. Since the identity
of a people is founded on its past and since the Incorporated Village
of East Hampton, hereafter referred to as the "Village," has many
significant historic, architectural and cultural resources which constitute
its heritage, this chapter is intended to:
A.
Protect and enhance the landmarks and historic districts
which represent distinctive elements of the Village's historic, architectural
and cultural heritage.
B.
Foster civic pride in the accomplishments of the past.
C.
Protect and enhance the Village's attractiveness to
visitors.
D.
Ensure the harmonious, orderly and efficient growth
and development of the Village.
B.
The powers of the Design Review Board shall include:
(1)
Employment of staff and professional consultants as
necessary to carry out its duties under this chapter.
(2)
Adoption of criteria for the identification and protection
of significant historic, architectural and cultural landmarks.
(3)
The making of recommendations to the Village Board
of Trustees concerning the acquisition of facade easements or other
interests in real property as necessary to carry out the purposes
of this chapter.
(4)
Increasing public awareness of the value of historic,
cultural and architectural preservation by developing and participating
in public education programs.
(5)
Making recommendations to the Village Board of Trustees
concerning the utilization of state, federal or private funds to promote
the preservation of landmarks and historic districts within the Village.
(6)
Recommending acquisition of a landmark structure by
the Village Board of Trustees where its preservation is essential
to the purposes of this chapter and where private preservation is
not feasible.
(7)
The approval or disapproval of applications for certificates
of appropriateness pursuant to this chapter.
(8)
The making of recommendations to the Board of Trustees of changes in Chapter 278, Zoning, of the Code of the Village of East Hampton to support landmark and historic district preservation.
(9)
The conduct of surveys of significant historic landmarks
and historic districts and recommendation thereafter to the Village
Board of Trustees for designation as an historic landmark or historic
district or removal therefrom.
The Village Board of Trustees shall designate
historic landmarks and historic districts based on the following criteria
after a public hearing:
A.
The Village Board of Trustees may designate an individual
property as a landmark if it:
(1)
Possesses special character or 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 an architect, designer or builder of
local or regional importance; or
(5)
Because of a unique location or singular physical
characteristic, represents an established and familiar visual feature
of the neighborhood.
B.
Historic districts.
(1)
The Village Board of Trustees may designate a group
of properties as an historic district if it:
(2)
The properties in each historic district shall be
shown on Historic District Maps[1] and shall be described by Suffolk County Real Property
Tax Map numbers, both of which shall be filed in the Village Clerk's
office.
[1]
Editor's Note: Copies of the Historic District
and Landmarks Maps are included at the end of this chapter.
C.
Notice of a proposed designation of property as either
an historic landmark or of its inclusion in an historic district shall
be sent by mail to the owners of such property. The notice shall describe
the property so proposed and shall announce a public hearing by the
Village Board of Trustees to consider the designation. The Village
Board of Trustees shall hold such a public hearing within 45 days
of the adoption of a resolution of proposed designation.
[Amended 2-1-1996 by L.L. No. 3-1996; 1-18-2013 by L.L. No.
2-2013; 10-21-2016 by L.L. No. 12-2016]
No person, including any officer, department, authority or board of the Village of East Hampton, shall carry out any exterior alteration, restoration, removal of a member of a pre-1880 timber frame, reconstruction, demolition, new construction, or moving of either a designated landmark or of property within designated historic districts, nor shall any person, including any officer, department, authority or board of the Village of East Hampton, make any change, except normal maintenance as provided in § 176-9, in the appearance of any of the exterior elements of such a property without first obtaining a certificate of appropriateness from the Design Review Board.
A.
Consideration of applications; compatibility.
(1)
The Design Review Board's consideration of applications
for certificates of appropriateness shall be based upon the following
criteria:
(a)
Properties designated as landmarks or properties
located within a designated historic district which contribute to
the character of that historic district shall be retained, with their
historic features, including the timber frames of pre-1880 buildings,
altered as little as possible.
(b)
Alterations of properties designated as landmarks
or located within a designated historic district shall be compatible
with the historic character of the property as well as the designated
historic district.
(c)
All new construction within a designated historic
district shall be compatible with the existing improvement within
said district.
(d)
In reviewing an application for an accessory dwelling unit to
be located on a property designated as a timber-frame landmark, the
Design Review Board shall consider:
[1]
The extent to which the proposal achieves the goal of maintaining
or enhancing the integrity of the landmark building and its setting,
particularly its setting when viewed from the street.
[2]
The extent to which the proposal keeps the landmark building intact
with no additions; or, when this option is not possible, keeps additions
subordinate in size and scale to the landmark building. Wherever possible,
the Board shall encourage applicants to maintain the integrity of
the landmark building by avoiding additions, if a detached building
is possible. However, when a landmark building is of a size or has
significant additions that make it impractical for use as an accessory
dwelling, further expansion of the landmark building and construction
of a new accessory dwelling is consistent with these criteria.
(2)
In applying the principle of compatibility, the Design
Review Board shall consider the following criteria:
(a)
The general design, character and appropriateness
to the property of the proposed alteration or new construction.
(b)
The scale of proposed alteration or new construction
in relation to the property itself and the historic district in which
the property is located.
(c)
Texture, materials and color and their relation
to similar features of other properties in the historic district.
(d)
Visual compatibility with other properties in
the historic district and neighboring properties, including proportions
of the property's front facade, proportion and arrangement of windows
and other openings within the facade, slope of the roof and the rhythm
of spacing of properties on streets, including setbacks.
(e)
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 Design Review Board. The application
shall contain:
(1)
The name, address and telephone number of the applicant.
(2)
A survey of the property.
(3)
Elevation drawings of proposed changes.
(4)
Perspective drawings, including relationship to adjacent
properties.
(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, the method of illumination
and a plan showing the sign's location on the property.
(7)
Any other information which the Design Review Board
may deem necessary in order to visualize the proposed work and consider
the application.
B.
No building permit shall be issued for such proposed
work until a certificate of appropriateness has first been issued
by the Design Review Board. The certificate of appropriateness required
by this chapter shall be in addition to and not in lieu of any building
permit that may be required by any other ordinance or local law of
the Village of East Hampton.
C.
The Design Review Board shall approve, deny or approve
the permit with modifications within 60 days of receipt of a completed
application. The Design Review Board may, in its sole discretion,
hold a public hearing on any application.
D.
All decisions of the Design Review Board shall be
in writing. A copy shall be sent to the applicant and a copy filed
with the Village Clerk's Office. The Design Review Board's decision
shall state the reasons for denying or modifying any application.
E.
Expedited review.
[Added 2-1-1996 by L.L. No. 4-1996]
(1)
Whenever the Chairman or, in the Chairman's absence, the Vice Chairman of the Board finds that a proposal meets the criteria of § 176-4 and also the conditions set forth below, he is hereby authorized to grant a certificate of appropriateness.
(a)
The proposed work is specifically listed as
eligible for expedited review by the Design Review Board or is an
improvement that relates solely to improving access for persons with
disabilities; and
[Amended 6-15-2012 by L.L. No. 11-2012]
(b)
The proposed work will have no effect on an
historic feature of a contributing property; or
(c)
The proposed work will have no effect on the
setting of a contributing property; or
(d)
The proposed work conforms to all relevant design
guidelines adopted by the Design Review Board.
(2)
All certificates of appropriateness granted by expedited
review will be reported at the following regular meeting of the Design
Review Board.
A property owner may apply to the Village Board
of Trustees for relief from landmark designation or inclusion in an
historic district on the grounds that the designation or inclusion
imposes a hardship upon him. To support such an application, the applicant
shall establish that:
A.
The property is incapable of earning a reasonable
return, regardless of whether that return represents the most profitable
return possible.
B.
The property cannot be adapted for any other use,
whether by the current owner or by a purchaser, which would result
in a reasonable return.
C.
Bona fide efforts to find a purchaser interested in
acquiring the property and preserving it have failed.
A.
After receiving written notification from the Design
Review Board 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 Village Board of Trustees
makes a finding that a hardship exists.
B.
The Village Board of Trustees shall 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.
All decisions of the Village Board of Trustees shall
be in writing and shall state the reasons for granting or denying
the hardship application.
All work performed pursuant to a certificate
of appropriateness issued under this chapter shall conform to the
requirements included therein. The Building Inspector shall periodically
inspect such work to assure compliance. In the event that work is
found that is not being performed in accordance with the certificate
of appropriateness, or upon notification of such fact by the Design
Review Board, the Building Inspector shall issue a stop-work order
and all work shall immediately cease. No further work, except such
work as is necessary to bring the project into compliance with the
certificate of appropriateness, shall be undertaken on the project
while the stop-work order is in effect.
Nothing in this chapter shall be construed to
prevent the ordinary maintenance and repair of any exterior architectural
features of a designated landmark or property within a designated
historic district which does not involve a change in design, material,
color or exterior.
A.
The Building Inspector shall not issue a building
permit to a designated landmark or to a property within a designated
historic district without the approval, in writing, of the Chairman
or, in his absence, the Vice Chairman of the Design Review Board.
B.
The penalties for the construction, alteration of
site or structure or demolition in violation of the provisions of
this chapter shall be a fine not exceeding $500 or imprisonment for
not more than six months, or both, for any violation or offense, and
each day that such violation or offense continues shall be deemed
to constitute a separate offense.
[Amended 7-27-2007 by L.L. No. 15-2007]
