Village of Freeport, NY Article VI Regulations of Construction

§ 134-11 Construction, alterations and repairs.

A. No structure, site, place or building designated as a landmark or landmark site appearing on the Landmark and Historic District Map and the Official Zoning Map of the area in which the landmark or landmark site is located, and no structure, site, place, building or real property which is located within the boundaries of an Historic District shall be constructed, altered, repaired, moved or demolished except in compliance with the requirements set forth in this article.

B. The Landmarks Preservation Commission shall review all plans for the moving, exterior construction, alteration or repair, landscaping or demolition of places, sites, structures or buildings designated as landmarks or landmark sites and all places, sites, structures or buildings which are located within the boundaries of an Historic District.

(1) It shall be the duty of the Landmarks Preservation Commission to review such plans before a building permit for the proposed activity is granted by the Superintendent of Buildings.

(2) The Landmarks Preservation Commission shall review plans relating only to the exterior features of a structure or building, which are visible from the public way, and shall have no jurisdiction to consider interior walls, arrangements or structures.

(3) In reviewing the plans, the Landmarks Preservation Commission shall give consideration to:

(a) The historical and architectural value and significance of the building or structure and its relationship to the historic and architectural value of the surrounding area.

(b) The general appropriateness of proposed exterior design, colors, arrangement, texture and materials.

(c) Any other factors relating to aesthetic considerations which the Landmarks Preservation Commission deems pertinent to the benefit of the Village and to the historic significance of the structure or building and surrounding area.

C. Alterations, repairs and additions to buildings or structures which are located within the boundaries of an Historic District or which are designated as landmarks shall be made consistent with the materials and styles of the particular architectural period of which said building or structure is characteristic.

D. New construction shall be consistent with the architectural styles of historic value in the Historic District. However, the Landmarks Preservation Commission may approve the construction of buildings or structures which have a dissimilar architectural style to that of the Historic District if said Commission deems it proper that the new construction will be in the best interests of the Historic District.

E. Moving of buildings or structures designated as landmarks or which are located within the boundaries of an Historic District may be allowed as an alternative to demolition.

F. Procedure for the review of plans.

(1) Applications for a building permit to construct, alter, repair, move or demolish any place, site, structure or building designated as a landmark or any place, site, structure or building, located within the boundaries of an Historic District shall be made to the Superintendent of Buildings pursuant to the Code of the Village of Freeport or other applicable law, except as otherwise provided hereafter. The application shall state that the property is a landmark and/or is located within the boundaries of an Historic District. Plans shall be submitted showing the structure or building in question and also giving its relation to adjacent structures or buildings and the construction, alteration, repair, moving or demolition sought to be accomplished.

(2) The Superintendent of Buildings shall then transmit the application and the plans to the Landmarks Preservation Commission.

(3) The Landmarks Preservation Commission shall then review the plans according to the provisions of this chapter. In reviewing the plans, the Landmarks Preservation Commission may confer with the applicant or his (her) authorized representative concerning the building permit.

(4) Notwithstanding any other provisions of this chapter, if the applicant establishes to the satisfaction of the Commission that there is unnecessary hardship in the strict application of the provisions of this article:

(a) A notice to proceed will be granted if the applicant provides proof that the following facts and conditions exist:

[1] The land or improvement in question cannot yield a reasonable return if the proposed construction, removal, alteration or demolition is not permitted; or

[2] Unique circumstances.

[a] That the hardship of the applicant is due to unique circumstances;

[b] The proposed alteration, construction, removal or demolition will not alter the essential character of the area; and

[c] The hardship is the result of the application of this chapter and is not the result of any act or omission by the applicant.

(b) Any relief granted shall be in conformance with the objectives of this chapter.

(5) The Landmarks Preservation Commission shall approve, modify and approve or disapprove such plans within 60 days after receiving the application and said plans and shall transmit a record of its proceedings and findings to the Superintendent of Buildings and the applicant. If the Commission fails to act within 60 days of receipt of the application, the application shall be deemed to have been approved by the Commission.

(6) The Superintendent of Buildings shall not grant a building permit until such time that an application has been approved by the Landmarks Preservation Commission or 60 days have elapsed from the date the application is received by the Commission, whichever occurs sooner.

(7) Nothing in this article shall be construed to prevent ordinary maintenance or repair with like materials of similar quality and color of any place, site, structure or building designated as a landmark or landmark site or any property which is located within the boundaries of an Historic District.

(8) This chapter shall not apply in any case where the Superintendent of Buildings or any authorized Village enforcement agency orders or directs the construction, removal, alteration or demolition of any improvement on a landmark site or in an Historic District for the purpose of remedying conditions determined to be unsafe or dangerous to the life, health or property of any person.