Old Westbury City Zoning Code
ARTICLE XVII
Board of Historic Review
[Added 11-15-1982 by L.L. No. 7-1982]
§ 216-158 Legislative findings.
The Board of Trustees of the Village of Old Westbury ("Village") hereby finds that there exist in the Village places, sites, structures and buildings of special historic significance or places which by reason of architectural construction and design are of particular significance to the heritage, history and/or roadscape of the Village and that the conservation, protection and preservation of such places, sites, structures, buildings and roadscapes is in harmony with and will promote the public health, safety and general welfare. In order to preserve, stabilize and improve the Village's beauty, character and quality, the Board enacts this article.
§ 216-159 Purpose.
The Board of Trustees hereby declares that the purpose of this article is to accomplish the conservation, protection and preservation of such places, sites, structures, buildings and roadscapes which is authorized by and is in accordance with Article 5, § 96-a, of the General Municipal Law of the State of New York. In addition, the purpose of this article is to promote and protect the health, safety and general welfare of the community by providing a procedure to ensure that places, sites, structures and buildings of special historic or architectural significance, which are of particular importance to the history and heritage of the Village of Old Westbury, the Towns of North Hempstead and Oyster Bay, the County of Nassau, the State of New York or the United States of America, are preserved.
§ 216-160 Creation; membership.
There is hereby created a Board of Historic Preservation, which shall consist of the Mayor and Board of Trustees of the Village (the "Board").
§ 216-161 Meetings; records; rules and regulations; retention of consultants.
A.
Meetings of the Board shall be held at the call of the Mayor and at such other times as the Board by majority vote may determine. The Mayor or, in his absence, the Deputy Mayor may administer oaths and compel the attendance of witnesses. A majority of the Board, including the Mayor, shall constitute a quorum for the transaction of business. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact and shall also keep records of its examinations and other official actions. 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 article, governing its procedure and the transaction of its business and for the purpose of carrying into effect the standards outlined in this article. Such rules, regulations and amendments thereto shall be filed in the Village Clerk's office.
B.
The Board shall have the power to retain consultants including, but not limited to, technical experts, engineers, architects and historians to advise in the preparation of any plans or projects or to render assistance and advice in connection with any project to fulfill the duties of the Board. Any contract to retain such consultants which involves the expenditure of Village funds shall be subject to the approval of the Board of Trustees.
§ 216-162 Definitions.
As used in this article, the following terms shall have the meanings indicated:
ALTERATION
A.
Includes:
(1)
The refacing or resurfacing of the exterior facade of a structure or building in any manner which would substantially and significantly affect its exterior appearance; and
(2)
An act or process which substantially and significantly changes one or more of the exterior architectural features of a building or structure designated as a landmark or any structure or building located in the Village which possesses historic value or aesthetic interest by reason of its antiquity or uniqueness of design or as part of the development, heritage or cultural characteristics of the Village, town, county, state or nation.
B.
The term "alteration" shall include "additions," such as the attachment of gates, fences, bars or other such devices to the windows or exterior facade of a structure or building, and any other modification of the facade.
BUILDING
A structure wholly or partially enclosed within exterior walls or within exterior or party walls and a roof, affording shelter to persons, animals or property.
EXTERIOR ARCHITECTURAL FEATURES
The architectural style, design, general arrangement and components of all of the outer surfaces of any building or structure including, but not limited to, the kind and texture of the building material and the type and style of all windows, doors, lights and other fixtures appurtenant to said building or structure.
LANDMARK
Any building, place, gate, trellis, ornamentation or structure of historic value or aesthetic interest by reason of its antiquity or uniqueness of architectural design or as part of the development, heritage or cultural characteristics of the Village, town, county, state or nation.
STYLES OF ARCHITECTURE
A style recognized by one of the following organizations or by any other organization generally recognized as expert in historical preservation of buildings, sites and landmarks:
A.
The National Register of Historic Places.
B.
Historic American Buildings Survey.
C.
Historic American Engineering Record, United States Department of the Interior, National Park Service.
D.
Division For Historic Preservation, New York State Office of Parks and Recreation.
E.
National Trust For Historic Preservation.
F.
Society of Architectural Historians.
G.
Society For Preservation of Long Island Antiquities.
§ 216-163 Designations as landmark.
A.
It is the intention of this article that the designation of buildings and structures as historic shall be accomplished by designation of the Board as set forth herein. The following procedures are enacted to facilitate such designations.
B.
Designation of landmarks.
(1)
All applications for subdivision or partition of property or the demolition or alteration of any building or structure shall be referred to the Commissioner of Public Works or his designee, who shall determine whether such application should be referred to the Board for a determination whether any landmark is located thereon. The Board, on its own motion, may make a determination whether a building, gate, trellis, place or ornamentation is a landmark.
[Amended 9-17-2007 by L.L. No. 4-2007]
(2)
Procedure. In the event that the Board decides to possibly classify a landmark:
(a)
A preliminary, informal conference shall be scheduled with the owner of the potential landmark, which may result in the Board issuing a decision designating it as a landmark.
(b)
Thereafter, notice that such possible designation as a landmark is being entertained and that a public hearing will be held thereon shall be given by the Board to the owner of property on which the possible landmark or landmark site is situated. Such notice shall contain the date of public hearing of such application and shall be mailed to the owner by registered mail, not less than 30 days prior to such hearing. If the owner cannot be notified by registered mail, then notice of the public hearing on the potential designation shall be published in the official Village newspaper and in one additional newspaper of general circulation in the Village for 60 days.
[Amended 3-21-1983 by L.L. No. 7-1983]
(c)
The Board shall hold a public hearing on the application.
(d)
The Board shall issue, in writing, its determination granting or not granting the landmark designation, and said decision and the record therein shall thereupon be filed in the office of the Village Clerk. Copies of said decision shall be forwarded to the property owner of the subject premises.
(e)
A landmark may be added to or deleted from the list of landmarks by resolution of the Board.
(f)
Any owner of property aggrieved by the determination may seek review pursuant to § 216-167 hereof.
§ 216-164 Standards to be considered.
In making its determination whether to designate a landmark or landmark site, the Board shall consider the following in making its determinations:
A.
That the building, place, gate, trellis or ornamentation has special historical significance to the Village of Old Westbury, Town of North Hempstead or Oyster Bay, County of Nassau, State of New York or to the United States of America by reason of famous events or the antiquity or uniqueness of architectural construction or design or its effect on the heritage and roadscape of the Village.
B.
That designation of the landmark as a historical landmark site will promote the public health, safety and/or general welfare.
C.
That Village property values, heritage, character and quality will be preserved and/or enhanced.
§ 216-165 Acts prohibited relative to landmarks and sites.
No person, firm, corporation or entity owning, controlling or occupying any landmark or landmark site shall permit it to be demolished or fall into disrepair or reconstructed, modified or altered on its exterior in any way without the prior approval of the Board.
§ 216-166 Penalties for offenses.
Each violation of this article shall be punishable by a fine of not more than $25,000. In addition to such fine, the violator shall pay all costs and expenses incurred by the Village in proving such violation.
§ 216-167 Review of proceedings.
A review of the determination of the Board shall be in accordance with CPLR Article 78, and such proceeding shall be instituted within 30 days of the filing of the resolution granting or denying relief.