A.
Purpose and intent. Pursuant to the provisions of
§ 7-700 of the Village Law of the State of New York which
empowers the Village Board to regulate and restrict certain areas
as national historic landmarks, special historic sites, places and
buildings for the purpose of conservation, protection enhancement
and perpetuation of these places of natural heritage, it is hereby
declared that the preservation of structures of historic, architectural
and aesthetic value is a public purpose of the Village of Ballston
Spa. The purpose and intent of this Article is to:
(1)
Safeguard the heritage of the Village of Ballston
Spa by preserving districts and landmarks in the Village which reflect
elements of its cultural, social, economic, political, artistic and
architectural history.
(2)
Promote the use of Historic Districts and landmarks
for the educational, pleasure and welfare of the citizens of the Village.
(3)
Stabilize and enhance property values.
(4)
Establish a Historic District Commission to help carry
out the purposes of this chapter.
(5)
Create Historic Districts in the Village of Ballston
Spa.
B.
Boundaries of Historic Districts. The map entitled "Zoning Districts, Village of Ballston Spa," as referenced in § 205-7 of this chapter notwithstanding, the boundaries of the Historic District shall include all parcels of land which abut East and West High Streets from the intersection of East High Street with Eastern Avenue westerly to the creek which flows under West High Street into the Gordon Creek (including the continuation of Charlton Street south of West High Street); Beach Street; Pleasant Street from its intersection with the easterly line of Beach Street westerly to Milton Avenue; Milton Avenue from its intersection with Pleasant Street southerly to its intersection with East and West High Streets; Church Avenue from its intersection with East and West High Streets southerly to 20 Church Avenue, commonly known as the "Verbeck House." Parcels of land abutting the above streets shall include all adjoining parcels under common ownership as of May 24, 1999.
[Amended 5-24-1999 by L.L. No. 1-1999]
A.
There is hereby created an Historic District Commission
(hereinafter called the "Commission") which shall consist of five
members who shall serve without compensation, who shall be residents
of the Village of Ballston Spa and of which two members shall reside
in an Historic District.
B.
The members of the Commission shall be appointed by
the Mayor and approved by the Village Board. The term of office of
each member shall be three years, except that the initial appointments
of one member shall be for one year, of two members for two years
and of two members for three years. The Village Board of Trustees
shall have the power to remove any member for good cause shown after
a public hearing. Whenever a vacancy shall occur on the Commission,
the Mayor shall appoint a person with the concurrence of the Village
Board to serve the unexpired term thereof.
C.
The Commission shall adopt, amend or repeal rules
for the transaction of its business which shall include provisions
for the appointment from time to time from its members a Chairman
and Vice Chairman, the holding of regular meetings, definition of
quorum and manner of voting, maintenance of its records and any other
rules and regulations necessary or appropriate to the performance
of its functions.
D.
The Commission shall prepare a list of architectural
and other criteria appropriate to the development of each Historic
District to serve as a guide for persons contemplating work within
an Historic District and to serve as an aid to the Commission in reviewing
applications.
A.
Within 72 hours after filing, it shall be the duty
of the Building Inspector to refer to the Commission plans for any
building within an Historic District for which a permit is sought.
The Commission shall review all applications for building permits
relating to Historic Districts. In such review, the Commission shall
give consideration to any factors it may deem pertinent, including:
(1)
The historic or architectural value and significance
of any structure.
(2)
Its relationship to the historic value and architectural
styles and types of buildings in the surrounding area.
(3)
The appropriateness of exterior design, arrangement,
textures, nature and quality of materials and general appearance.
(4)
Excessive similarity to any other structure existing
or for which a permit has been issued or to any other structure included
in the same permit application, facing upon the same street and within
250 feet of the proposed site in respect to one or more of the following
features of exterior design and appearance:
(5)
Excessive dissimilarity or inappropriateness in relation
to any other structure existing or for which a permit has been issued
or to any other structure included in the same permit application,
facing upon the same street and within 250 feet of the proposed site
in respect to one or more of the following features:
B.
The Commission shall have the power to:
(1)
Administer oaths and compel the attendance of witnesses.
(2)
Call upon and compensate experts to aid it in its
duties.
(3)
Maintain a directory of architectural styles.
(4)
Conduct surveys of Village landmarks and of buildings
and areas within the Historic Districts for the purpose of acquiring
data concerning historic, architectural or cultural significance of
such buildings and area.
(5)
Transmit to the Planning Board recommendations concerning
the establishment or alteration of Historic Districts and the designation
of structures or areas as landmarks.
(6)
Advise owners of landmarks or buildings or areas within
Historic Districts, upon request, on the preservation and restoration
of historic structures.
(7)
Do all other legally consistent acts to implement
its functions and the purposes of this chapter.
The Commission shall be guided by the following
standards in approving or disapproving plans except where the Commission
specifically finds that application of the following standards is
inappropriate or would create undue hardship for the applicant:
A.
Alterations, repairs and additions. Alterations, repairs
and additions to existing buildings shall either be consistent with
the spirit of their architectural style or shall alter the structure
to render its appearance consistent with the architectural styles
existing in the Historic Districts.
B.
New construction. New construction shall be consistent
in design with the architectural styles existing in the Historic Districts,
except in such instances of new construction as the Commission shall
determine to be inappropriate because structures adjoining the site
of such proposed new construction are of a significantly dissimilar
period of architecture. In such instances, the Commission may approve
such styles and periods of architecture as it deems proper for the
site and in the best interest of the Historic Districts.
C.
In making its determinations under §§ 205-37A and 205-37B above, the Commission shall consider the following guidelines which shall also be considered by the applicant and included in his/her plans to the extent that they are applicable:
(1)
Materials.
(a)
Retention and/or restoration of old materials
are to be utilized. Removal or covering of old materials is to be
prohibited wherever practicable.
(b)
Compatible materials which are either similar
or visually quiet in relation to traditional ones used in the area
should be utilized in new construction or when restoration of original
materials is impossible. Inappropriate contemporary materials, including
those which attempt fake antiquity or rusticity, should be discouraged
or specifically excluded. When appropriate traditional materials cannot
be duplicated, preference should be given to contemporary materials
used in a straightforward manner which at the same time are not conspicuous
in the traditional context of the district.
(c)
Material selection for new buildings should
respond to the consideration for Historic Districts. In order to retain
the visual integrity of the area, contemporary materials such as glass,
curtain walls, concrete, etc., are acceptable, provided that the overall
effect of the building facade is visually quiet and compatible with
historic areas.
(2)
Facade openings. Retention of original design and
style of sash, doors and size of openings in a facade of an existing
structure is to be accomplished wherever practicable. Restoration
of such features is to be encouraged when they have formerly been
altered.
(3)
Facade rhythm and proportion.
(a)
By manipulation of architectural features, the
rhythm of separate building units existing on a new street is to be
carried across the facade of new structures which occupy more than
one house lot. Some of the ways in which such articulation may be
achieved easily on extended facades include rhythmical grouping of
openings in clusters, by reveals in the wall plane or by architectural
expression of a structural bay.
(b)
The facade of structures erected on single house
lots should be proportioned so that the height is compatible with
those in the area.
(4)
Architectural features.
(a)
Ornamentation in wood, masonry or metal should
be preserved and repaired on all facades. In the case of missing elements,
when their configuration can be established they should be restored.
New infill structures may incorporate ornamental features common to
the district, otherwise, decorative features should be omitted from
projects of contemporary design.
(b)
Indication of floor levels by means of opening
placement and use of belt courses should be related primarily to those
generally indicated on the entire block and secondary to the two abutting
structures.
(c)
Front steps and porches on existing structures
should not be removed or rebuilt in a manner which may conflict with
the style of the structure or neighborhood.
(5)
Demolition of buildings.
(a)
Demolition in areas designated for new development
will be permitted only after the developer of the site has submitted
and obtained approval of his or her plans for new development, including
an acceptable timetable and guarantees which may include performance
bonds for demolition and completion of the project. In no case shall
the time between demolition and commencement of new construction exceed
six months.
(b)
In the case of structures of architectural or
historical significance, the developer shall be required to show good
cause as to why such structures cannot be preserved.
(c)
Moving of structures of historical or architectural
value may be permitted as an alternative to demolition.
(6)
Height of new construction.
B.
Regulatory standards.
(1)
Approval of such application will be given unless
the Commission finds that the proposed modification will contribute
to:
(a)
Excessive uniformity;
(b)
Excessive dissimilarity;
(c)
Inappropriateness of design in the exterior
appearance of the proposed modification as said modification relates
to the immediate area;
(d)
Adverse effect on the value of existing property
and the benefits of occupancy in the immediate area;
(e)
Inconsistency with the architectural style of
the existing structure or neighboring property;
(f)
Discouragement of the most appropriate development
of the district;
(g)
Degeneration of the subject property of the
surrounding property with attendant deterioration of conditions affecting
the health, safety, comfort and general welfare of the inhabitants
thereof; or
(h)
Failure to maintain appropriate architectural
standards in the construction, modification or removal of structures
located within the designated district.
(2)
It is the purpose of this section to prevent these
and other harmful effects of such exterior appearances of buildings
as may be seen from the public streets in any neighborhood and thus
to promote the health, safety, comfort and general welfare of the
community, to promote the public convenience and prosperity and to
conserve the value of buildings and encourage the most appropriate
use of land within the following designated areas.
(3)
The Board of Trustees of the Village of Ballston Spa hereby finds that the failure to maintain appropriate architectural standards in the construction of new buildings and projects and in the modification or removal of existing buildings and failure to provide and implement a coordinated and comprehensive plan for the preservation of Historic Districts and/or Village landmarks conflicts with the purposes set forth in § 205-34. It is the purpose of this section to minimize and prevent such conflicts, to which intent there are hereby established and designated certain Historic Districts and landmarks which shall be the areas and premises designated in § 205-34B.
[Amended 5-24-1999 by L.L. No. 1-1999]
The Commission may approve without reservations or conditionally approve, subject to specific modifications, or may disapprove any application for a building permit referred to it by the Building Inspector as set forth herein, provided that a finding of excessive dissimilarity or inappropriateness shall state not only that such excessive dissimilarity exists, but further that it is of such a nature as to be expected to provide one or more of the harmful effects set forth in § 205-36 hereof, and that the finding is not based on personal preference as to taste or choice of architectural style. As speedily as possible, but within 15 days after a building plan is referred to the Commission by the Building Inspector as herein provided, the Commission shall meet the Building Inspector, review such plans and determine whether to approve or disapprove the issuance of a building permit.
The Building Inspector shall refuse any permit application disapproved by the Commission as provided in § 205-39 above. The Building Inspector may approve any application conditionally approved by the Commission as soon as the conditions specified in such conditional approval have been fulfilled. If the Commission shall have approved any building permit application and such application shall otherwise be in conformance with all codes and ordinances of the Village of Ballston Spa, then the Building Inspector shall forthwith issue the permit applied for. He/she shall likewise issue the permit as applied for in the case of any building permit application referred to such Commission and on which such Commission has failed to act within 15 days of such reference by the Building Inspector.
Any person aggrieved by the action of the Commission
in disapproving or approving a building permit application and of
the Building Inspector in acting on such permit because of such disapproval
or approval may take an appeal therefrom to the duly constituted Zoning
Board of Appeals in the same manner as is provided for zoning appeals,
and such Zoning Board of Appeals, after proceeding in the same manner
as is provided for zoning appeals and with the same power and authority
therein vested in appealing upon appeals before it under the provisions
of law and this chapter and in the exercise thereof, may reverse,
affirm or modify and affirm the action of the Commission and of the
Building Inspector.
Upon request of the Planning Board, the Commission
shall consult with and advise the Planning Board with respect to any
site plan on which the Commission is required to pass under provision
of law or of this chapter.
Nothing in this Article shall be construed to
prevent the ordinary maintenance or repair of any exterior feature
in an Historic District which does not involve a change in design,
material or outer appearance thereof.
