Village of Northport, NY Article II Board, Membership and Meetings

§ 13-4 Board created; roles and functions.

A. There is hereby created an Architectural and Historic Review Board (hereinafter referred to as the "Board").

B. The Board shall assume the following roles and functions:

(1) To review and approve, or disapprove, of applications for sign and building permits, as specified in § 13-7, below.

(2) To review and approve, or disapprove, of applications for local landmark status, as specified in § 13-13, below.

(3) To review applications for the creation of Historic Overlay Districts and provide comments to the Board of Trustees.

(4) To advise the Planning Board on site plan review applications.

(5) To advise the Zoning Board of Appeals on special permit and variance applications that are also subject to Board review.

(6) To advise the Board of Trustees and other Village boards and officials as relevant with respect to public buildings, gateway signage and such municipal capital projects as may be referred to it by the Board of Trustees.

(7) To promote the protection, preservation and enhancement of Northport's historic, maritime, architectural and cultural heritage through such activities as it shall determine.

C. In exercising its roles and functions, the Board shall focus its reviews and advice on matters pertaining to the design and appearance of buildings, landscaping, signs, outdoor lighting fixtures, and structures such as retaining walls and fences. For landmark properties the Board shall address issues of historic preservation.

§ 13-5 Membership; terms; training.

A. The Architectural and Historic Review Board shall consist of five members and two alternates, appointed by the Mayor subject to the approval of the Board of Trustees.

[Amended 4-19-2022 by L.L. No. 6-2022]

B. Members shall serve without compensation.

C. The Mayor shall designate a Chair and Vice Chair of the Board, subject to the approval of the Board of Trustees. However, should the Mayor not designate a Chair, the Board shall elect an Acting Chair by a majority vote of the whole Board. The Chair shall preside at all meetings and shall rule on all points of order and procedure in matters before the Board.

D. All members of the Board shall be residents of the Village and shall be specially qualified by reason of training or experience in architecture, history, land development, planning, real estate, landscape architecture, graphic design or other relevant business or profession or by reason of civic interest and sound judgment to judge the effects of a proposed building, structure or sign upon the desirability, property values and development of surrounding areas.

E. The Board may, upon a majority vote, designate subcommittees of between one and three members to:

(1) Consult with an applicant in between Board meetings in order to facilitate and accelerate the review process, conveying the consensus of the Board;

(2) Meet with other Village boards, as may be relevant, to promote a coordinated review process.

F. The term of office of each member and alternate shall be three years. The appointments of the members shall be staggered so that there is no more than three such appointments per year; the appointments of alternate members shall be staggered so that there is no more than one such appointment per year.

G. The Mayor may remove from the Board any member that has failed to attend three consecutive meetings or six meetings in any twelve-month period, or that has failed to comply with any educational requirements that may be imposed by the Board of Trustees. The Mayor shall further have the power to remove any member for cause after public hearing.

H. A vacancy occurring in the membership of the Board for any cause shall be filled by a person appointed by the Mayor and approved by the Board of Trustees for the unexpired term.

I. Training.

[Added 4-5-2007 by L.L. No. 3-2007]

(1) Each member of the Board of Architectural and Historic Review shall complete, at a minimum, four hours of training each year designed to enable such members to more effectively carry out their duties. Training received by a member in excess of the four hours in any one year may be carried over by the member into succeeding years in order to meet the requirements of this subsection. Such training shall be approved by the Village Attorney and may include, but not be limited to, training provided by a municipality, regional or county planning office or commission, county planning federation, state agency, statewide municipal association, college or other similar entity. Training may be provided in a variety of formats, including but not limited to electronic media, video, distance learning and traditional classroom learning.

(2) To be eligible for reappointment to such board, such member shall have completed the training promoted by the Village pursuant to this subsection.

(3) The training required by this subsection may be waived or modified by resolution of the Board of Trustees when, in the judgment of the Board of Trustees, it is in the best interest of the Village to do so.

(4) No decision or action of the Planning Board shall be voided or declared invalid because of a failure to comply with this subsection.

J. There shall be two alternate members of the Board of Architectural and Historic Review appointed by the Mayor, subject to the approval of the Board of Trustees, for a term of four years each. The Chairperson of the Board of Architectural and Historic Review may designate an alternate member to substitute for a member due to a conflict of interest or where a member cannot participate for other reasons. Alternates so selected shall be on a rotating basis and once designated shall possess all the powers and responsibilities of a member for the applications for which the designation has been made.

[Added 5-6-2014 by L.L. No. 2-2014]

§ 13-6 Meetings; public hearings; records; rules and regulations.

A. Meetings of the Board shall be held at least monthly, but may be held at any time at the call of the chair or four members.

B. A majority of the Board shall constitute a quorum for the transaction of business.

C. The concurring vote of four members of the Board shall be necessary for the adoption of any recommendations, motions or other acts of the Board.

D. No member of the Board shall vote on any matter that may materially or apparently affect the property, income or business interest of that member.

E. All regular meetings of the Board shall be open to the public in compliance with Public Officers Law, Article 7, Open Meetings. A majority of the members present at any time may decide to continue a meeting in executive session for discussions regarding proposed, pending or current litigation other such purposes as the allowed by the open meetings law.

(1) Any person present may be heard in support of or in opposition to any matter before the Board.

(2) Any agency of the Village or of an adjoining municipality may be represented at any meeting when an application in which such agency is interested is on the calendar of the meeting and may furnish to the Board information and comment relevant to such application.

F. Applicants may appear in their own behalf or be represented by an architect, attorney or other agent.

G. The Board shall record its proceeds and keep minutes, which shall document:

(1) Its examinations and other official actions;

(2) The vote of each member upon each question or, if absent or failing to vote, indicating such fact;

(3) All Board requests to applicants for additional information in the form of illustrations, photographs, samples, historic documentation, etc., when relevant;

(4) All requests and recommendations to each applicant for design modifications; and

(5) All conditions upon which approvals are stipulated.

H. In cases where a verbatim transcript of the proceedings of the Board is deemed necessary, as in public hearings, the Chairman of the Board is empowered to engage a court stenographer for this purpose.

I. The Board shall have power from time to time to adopt, amend and repeal rules and regulations, not inconsistent with law or the provisions of this chapter, governing its procedure and the transaction of its business and for the purpose of carrying into effect the standards outlined in this chapter. Such action shall be taken after public hearing and shall be subject to the approval of the Board of Trustees, and a copy thereof shall be filed in the Village Clerk's office.

J. The Board may hold a public hearing when it deems the same to be in the public interest by a majority of the Board, such as new commercial or institutional construction, structural improvements that will result in substantial exterior changes, or the designation of or changes to a landmark.

(1) Such public hearing shall be held at a time and place designated by the Chair, either in conjunction with or separate and apart from a regular or special meeting of the Board.

(2) Notice of a public hearing to be held by the Board shall be published in the issue of the official newspaper of the Village preceding the date of such hearing. The cost of said publication shall be borne by the applicant, which shall be paid in full prior to publication in accordance with the procedures set forth in Northport Code § 147-4. The failure to pay the required fee shall toll the time period for the scheduling of the public hearing.

(3) Applicants or their representatives shall be served with a written notice of the time and place of any public hearing where their application is to be considered not less than 14 days, if by mail, and not less than 11 days, if by personal service, prior to the date of such hearing.

(4) Applicants whose application is the subject of a public hearing by the Board shall serve, personally or by mail, a written notice, setting forth the nature and substance of the application and the time and place of the hearing at which the application shall be heard by the Board, upon all owners of property shown on the current assessment rolls of the Village of Northport any part of which is located within 500 feet of the structure to which the application relates. A second distribution of said notice shall be addressed to "Occupants" of said properties. A third distribution of said notice shall be addressed to the Town of Village Clerk of neighboring municipalities within 500 feet of the subject property, when applicable, subject to NYS General Municipal Law 239-nn. Such notice shall be served by mail not less than 10 days or by personal service not less than seven days prior to the date of the hearing, and proof of proper service, in affidavit form, shall be submitted to the Board by the applicant at or prior to the hearing.

(5) Only such business shall be conducted at a public hearing as shall have been contained in the notice thereof.

(6) Any person, whether or not entitled to notice, shall be given an opportunity to be heard in support of or in opposition to any application or to convey information materially relevant to such application. The rules governing the regular meetings of the Board shall be followed with respect to appearances and submissions.

(7) Any public hearing may be adjourned to a later date by vote of a majority of the members of the Board present at the date originally fixed for such hearing, and, unless otherwise directed by the Board, no notice need be given of any adjourned public hearing.