Westbury City Zoning Code
ARTICLE XXXV
Landmarks Preservation Commission
§ 248-313 Legislative findings.
A.
The Board of Trustees hereby finds that there are or may be places, districts, sites, buildings, structures and publicly displayed works of art and other objects in the Village that are of historic, archaeological, architectural, aesthetic or cultural importance or significance to the heritage, history and quality of life of the Village, its inhabitants and the general public; and that the identification, restoration, protection and preservation of such places, districts, sites, buildings, structures, publicly displayed works of art and other objects are in harmony with and will promote the public health, safety, education and general welfare.
B.
In order to identify, restore if necessary, protect and preserve such places, districts, sites, buildings, structures, publicly displayed works of art and other objects, the Board of Trustees finds its necessary to enact this article.
§ 248-314 Purposes.
The Board of Trustees hereby declares that the purposes of this article are to identify, restore, protect and preserve such places, districts, sites, buildings, structures, publicly displayed works of art and other objects as authorized by and in accordance with Article 5, § 96-a, of the General Municipal Law of the State of New York and Article 14 of the Parks, Recreation and Historic Preservation Law of the State of New York and to provide a procedure to carry out the foregoing purpose.
§ 248-315 Creation; membership and terms.
There is hereby created a Landmarks Preservation Commission (hereafter the "Commission"), which shall consist of seven members. The five members of the Village's Environmental Conservation Commission, as presently or hereafter constituted, are hereby designated members of the Commission during their term as members of the Environmental Conservation Commission. Two additional members shall be appointed by the Mayor with the approval of the Board of Trustees. Such additional members shall be selected because, by membership or office in a local historical society or by virtue of special education or expertise and interest, they are specially qualified to contribute to the proper functioning of the Commission. The Mayor shall designate one member of the Commission as its Chairperson for a term of two years, subject to the approval of the Board of Trustees. Vacancies shall be filled for the unexpired term of any member whose place has become vacant. The Superintendent of Buildings shall serve as an ex officio member of the Commission but shall not vote on actions to be taken by the Commission.
§ 248-316 Meetings; records, rules and regulations.
A.
Meetings of the Commission shall be held upon the call of the Chairperson and at such other times as the Commission by majority vote may determine. A majority of the members shall constitute a quorum for the transaction of business. The Commission 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 other official actions. The Commission 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 provisions of this article. Such rules, regulations and amendments thereto shall be filed in the Village Clerk's office and shall be subject to the approval of the Board of Trustees.
B.
The Commission shall have the power to retain consultants, including but not limited to technical experts, engineers, architects, archaeologists, historians and artists, 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 Commission. Any contract to retain such consultants which requires the expenditure of Village funds shall be subject to the approval of the Board of Trustees.
§ 248-317 Landmark designations.
The designation of landmarks shall be made in accordance with the following procedures:
A.
Any improvement, site or district, or part thereof, in the Village may be referred to the Commission for consideration as a prospective landmark by any one of the following: the owner, the Board of Trustees, the Superintendent of Buildings, an historical society or organization incorporated in this state or by a written petition signed by five or more residents or property owners of the Village or by the Commission itself.
B.
Written notice that an improvement, site or district, or part thereof, is under consideration for designation as a landmark shall be given by the Commission to the owner thereof by regular and by certified mail and to the Village Clerk, the Superintendent of Buildings and the Village Historian. Such notice shall designate a date, not less than 15 days nor more than 30 days from date of the notice, for an informal conference regarding the proposed designation and invite comment with respect thereto. The owner may give written consent or dissent to the proposed designation to the Commission within five days after such informal conference.
C.
Within 30 days after such informal conference, the Commission shall hold a public hearing on the proposed landmark designation, giving notice of the date, time and place thereof and of the right of interested parties to be heard, as follows: by publication in the official newspaper of the Village; by posting in three public places in the Village; by regular and certified mail to the owner of the proposed landmark and to the owners of properties abutting the proposed landmark; and by written notice to the Superintendent of Buildings, the Village Historian and the Village Clerk. Within 30 days after such hearing, the Commission shall make a report to the Board of Trustees recommending approval or disapproval of the proposed designation as a landmark.
D.
Upon receipt of a report by the Commission recommending designation of an improvement, site or district, or part thereof, as a landmark, the Board of Trustees may schedule a public hearing thereon to be held within 15 days after adoption of a resolution to hold such hearing but not more than 30 days after receipt of such report from the Commission. Notice of such hearing shall be given in the manner provided in Subsection C hereof. At such public hearing, all persons interested in such proposed designation shall be afforded an opportunity to submit written or oral proof and comments with respect thereto.
E.
Within 30 days after such public hearing, or if no public hearing is held, then within 30 days after receipt of the Commission's report, the Board of Trustees shall, by resolution, either approve or disapprove the report of the Commission, giving the reasons therefor. In the event that the Board shall approve such report, it shall also direct that the improvement, site or district be added to an official register of landmarks, to be maintained in the office of the Village Clerk. A duplicate of such register shall be maintained by the Superintendent of Buildings. Notice of such determination by the Board of Trustees shall be given by the Village Clerk by regular and certified mail to the owner or owners of the properties thus granted or denied landmark status.
§ 248-318 Standards for designation of landmarks.
The Commission, in recommending the designation of a landmark, and the Board of Trustees, in designating a landmark, shall consider the following criteria:
A.
That the proposed landmark has historical, archaeological, cultural, aesthetic or architectural significance by reason of famous events thereon or occupants thereof or the antiquity or uniqueness of the historical, archaeological, cultural, aesthetic or architectural construction, arrangement or design or by reason of its effect on the heritage and history of the Village.
B.
That the proposed designation of a landmark will promote the public health, safety, education or general welfare of the Village and its inhabitants.
C.
That Village property values, heritage, history, culture, aesthetics, character and quality of life generally will be preserved or enhanced by such designation.
D.
That the designation as a landmark will not cause the owner thereof or other persons undue or extreme hardship in the use of the property or neighboring properties.
§ 248-319 Approval required prior to landmark alteration; construal.
A.
No person or persons, firm, corporation or entity owning, controlling, in charge of or occupying any landmark shall permit it to be demolished, altered or fall into disrepair or shall erect any improvement upon a landmark or landmark site without the prior approval of the Commission.
B.
Nothing herein contained shall be construed to require prior approval of the Commission before performing ordinary repairs or maintenance upon a landmark or landmark site, provided that the purpose and effect of such work is to correct any deterioration, decay or damage to the landmark or landmark site, or any part thereof, and to restore the same with the same or similar materials, as nearly as may be practicable, to its condition prior to the occurrence of such deterioration, decay or damage.
§ 248-320 Permission to alter, demolish or build; application and procedure.
A.
Prior to commencing the alteration or demolition of a landmark or construction of a building or structure upon a landmark site, the owner thereof shall submit an application for permission for such work to the Superintendent of Buildings upon a form provided by the Superintendent for that purpose. The Superintendent shall review such application and refer the same to the Commission, together with a memorandum containing such comments and recommendations as the Superintendent shall deem appropriate, within 15 days after such application has been filed with the Superintendent of Buildings.
B.
The Commission, by appropriate rulemaking, may authorize the Superintendent of Buildings to approve applications for alterations to landmarks that involve only minor work, as hereinabove defined.
C.
Upon receipt of an application pursuant to this section, except an application for permission that involves only minor work, the Commission shall hold a public hearing thereon, giving notice of the date, time and place thereof and of the right of interested parties to be heard as follows:
(1)
By publication in the official newspaper of the Village.
(2)
By posting in three public places in the Village.
(3)
By regular and certified mail to the owner of the landmark and to the owners of properties abutting such landmark.
(4)
By written notice to the Superintendent of Buildings, the Village Historian and the Village Clerk.
D.
The Commission shall render its decision on such application within 45 days after the date on which the application was received by the Commission. The Commission shall grant the application, in whole or in part, upon such conditions, if any, as the Commission may deem appropriate or shall deny such application, by resolution and decision, stating the reasons therefor. A copy of such resolution and decision shall be filed with the Village Clerk, who shall transmit a copy thereof, by regular and certified mail forthwith, to the owner of the landmark and to the owners of properties abutting the landmark. Copies shall also be furnished to the Superintendent of Buildings, the Village Historian and to any interested persons who have requested, in writing, a copy thereof. Notice given to the owner shall also inform the owner regarding the right to appeal the determination, as hereinafter provided.
E.
Any person aggrieved by the decision of the Commission shall have the right to appeal the decision to the Board of Trustees by filing a notice of appeal with the Village Clerk within 30 days after notice of the decision shall have been given to such aggrieved person. Upon receipt of such notice of appeal, the Board of Trustees may hold a public hearing on the issues raised by such appeal, giving notice thereof in the manner provided by Subsection C hereof. The Board of Trustees, by resolution, shall render a decision within 30 days after the filing of the notice of appeal, affirming, modifying or reversing the determination of the Commission. Such resolution shall state the reasons for the Board's decision on such appeal. Copies thereof shall be served by regular and certified mail by the Village Clerk upon the appellant and upon the attorney, if any, for the appellant.
§ 248-321 Factors considered before granting permission.
In making its determination with respect to an application for permission to alter or demolish a landmark or to erect a building or structure upon a landmark site, the Commission shall consider the following factors:
A.
Whether the proposed work would substantially change, destroy or affect any exterior architectural element or feature of the landmark.
B.
Whether the proposed work would be in harmony with the existing aesthetic, historical and architectural values and significance, architectural style, design, arrangement, texture, material and color of the landmark and that of other improvements in close proximity thereto.
C.
Whether the applicant's objectives can be attained in an alternate manner consistent with the preservation of the landmark.
D.
The effects of the proposed work upon the protection, enhancement, perpetuation, preservation and use of the landmark.
E.
Whether the existing landmark status is capable of affording the owner a reasonable return upon the owner's investment in the property.
§ 248-322 Tax abatements.
Pursuant to § 96-a of the General Municipal Law of the State of New York, upon application to the Commission by any owner of an improvement parcel proposed to be designated, or actually designated, as a landmark who can establish that such designation shall impair or has impaired the ability of such parcel to yield a reasonable economic return, the Commission may recommend to the Board of Trustees a partial or total tax abatement of real estate taxes levied by the Village on such property. Such abatement shall be in such percentage of the assessed value of the property as the degree of limitation created by such designation bears to the potential use of said property absent such designation. The Board of Trustees may accept, reject or modify such recommended tax abatement. If the Board of Trustees grants any abatement, it may also recommend to other taxing authorities a similar tax abatement pursuant to real property § 96-a of the General Municipal Law.
§ 248-323 Review of final determination.
A review of a final determination by the Board of Trustees or the Commission hereunder shall be in accordance with Civil Practice Law and Rules, Article 78, and such proceeding shall be instituted within 30 days of such final determination.