https://sleepyhollow.localarchives.org/files/original/626ff3bfc52474b036330e9f4d02d374.pdf b5a04a71aa89a7f06e576dede59cef17 PDF Text Text 1988 �%/ -r-fa /f/3- 6K- fi/O / ? 60 ~fA*«J~ fa**"^t (ycrc^J^ OCauc �/AS amended 1/4/bB fe LOCAL LAW ESTABLISHING ARCHITECTURAL REVIEW BOARD Section 1. Findings, Purpose % The Board of Trustees of the Village of Tarrytown hereby finds that excessive uniformity, dissimilarity, inappropriateness, or poor quality of design in the exterior appearance of buildings or other structures erected, reconstructed, or altered in any area in the Village of Tarrytown adversely affects the desirability of the immediate area and the neighboring area within the community for residential, business, or other purposes and by so doing impairs the benefits of occupancy or use of property in such areas, impairs the stability and value of both improved and unimproved real property in such areas, prevents the most appropriate development of such areas, produces degeneration of propertv in such areas, with attendant deterioration of conditions affecting the health, safety, comfort, and general welfare of the inhabitants of the community, and destroys a proper relationship between the taxable value of real property in the areas and the cost of municipal services provided therefor. It is the purpose of this"local law to prevent these and other harmful effects of such exterior appearances of such buildings or other structures and thus to promote and protect the health, safety, comfort, and general welfare of the community, to conserve the value of buildings, and to encourage the most appropriate use of land within the Village of Tarrytown. Section 2. Creation; Membership; Terms of Office There is hereby created an Architectural Review Board, which shall consist of five members, who shall serve without compensation. All members of the Board shall be residents of the Village of Tarrytown and shall be specially qualified, by reason of training or experience in art, architecture, landscape architecture, community planning, land development, real estate, or other relevant business or profession, to judge the effects of a proposed building or other structure, or alteration thereof, upon the desirability, property values, and development of surrounding areas. At least one member of the Board shall be a registered architect licensed by the State of New York; at least one other member of the Board shall be experienced in the real estate business; and at least one other member of the Board shall be appointed from a list of three or more persons recommended by the official governing Board of the Historical Society of the Tarrytowns. The members of the Board shall be appointed by the Mayor, with the approval of a majority of the Trustees present and voting, for a term of three years, except that, of the members first appointed, one shall hold office for a term of one year, two for a term of two years, and two for the term of three years from and after their appointments. & �# # ARCHITECTURAL REVIEW BOARD Page Two Members of the Board shall continue to hold office until their successors have been appointed and qualified. The Mayor shall appoint from among the members of the Board a Chair, Acting Chair, and Secretary. The Village Clerk or Deputy Clerk shall act as the Clerk of the Board. If a vacancy on the Board shall occur otherwise than by expiration of term, it shall be filled by the Mayor for the unexpired term, provided that that appointment shall maintain on the Board at least one architect, one other person experienced in real estate, and one other person picked from a panel proposed by the Historical Society, as set forth above. The Board of Trustees shall have power to remove any member of the Architectural Review Board for cause and after public hearing. Architectural Review Board members shall be required to recuse themselves from voting on any project in which their own financial interests are directly involved. Section 3. Meetings, Rules, Records, Expenditures Meetings of the Architectural Review Board shall be open to the public and shall be held at the call of the Chair and at such times as the Board may determine. Three members of the Board shall constitute a quorum for the transaction of business. Actions of the Board may be taken by a vote of a majority of members present and voting, except that the affirmative vote of at least three members shall be required for (1) the approval, approval subject to specified conditions or modifications, or disapproval of an application for a building permit, pursuant to Section 5 below; or (2) the refusal to grant a Certificate of Appropriateness, the grant of a Delayed Certificate of Appropriateness, or the grant of a Certificate of Appropriateness conditioned upon specific structural performance, pursuant to the Landmark and Historic District Act (Local Law No. 3-1978 and 16-1979) and Section 10 below. 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 that 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 local law, governing its procedure and the transaction of its business and for the purpose of carrying into effect the standards outlined in Section 4 below. Every rule or regulation, every amendment or repeal thereof, and every order, requirement, decision, or determination of the Board shall immediately be filed in the offices of the Board and the Village Clerk and shall be a public record. The Board shall have the power to employ consultants and to pay for their services and such other expenses as may be necessary and proper, not exceeding in �lW\i BOARD ARCHITECTURAL REVIEW Page Three all the appropriations that may be provided for such purposes by the Board of Trustees. Section 4. Referral of Applications for Building Permits Except where an application for a Certificate of Appropriateness must be submitted to the Architectural Review Board pursuant to the Landmark and Historic District Act (Local Law No. 3-1978 and 16-1979) , every application for a building permit shall be referred by the Building Inspector to the Architectural Review Board provided that there will be: (A) Construction, reconstruction or alteration of any building or structure that: (1) affects the exterior appearance of the building or other structure; and (2) is visible from any public street. Or, the proposed plans include: (B) Construction, reconstruction or alteration of any deck or uncovered porch that: (1) affects the exterior appearance of the building or other structure; and (2) is visible from any public street; and (3) exceeds twenty-five (25) square feet, including steps. Or, the proposed plans include: (C) Construction, reconstruction or alteration of existing/new windows or security grills, that: (1) affect the exterior appearance of the building or other structure; and (2) are visible from any public street. Or, the proposed plans include: (D) Construction, reconstruction or alteration of any fence or wall exceeding three (3) feet in height or twenty (20) feet in length that is visible from any public street. Construction of swimming pools shall not be subject to review by the Architectural Review Board. The application shall not be referred to the Architectural Review Board unless and until it conforms in all other respects to all other applicable laws and ordinances, �ARCHITECTURAL REVIEW BOARD Page Four including but not limited to necessary approvals from the Zoning Board of Appeals and/or the Planning Board. Section 5. Referral of Applications for Variances to Sign Ordinances Notwithstanding the provisions of Section 6B herein regarding signs, all variances from the provisions of Ordinance 5.4 Signs shall be submitted to the Architectural Review Board. In review of a request for a sign variance, the Board shall be subject to the same requirements included herein in regard to building permit requests. The applicant for a sign variance shall be required to prove to the Architectural Review Board that the strict application of Village Ordinance 5.4 "Signs" will render a hardship to the applicant. The applicant in supplying proof of a hardship to the Architectural Review Board shall demonstrate that there are special circumstances or conditions specific to the property and the sign related thereto that warrants the variance. The Architectural' Review Board in granting a variance shall grant the minimum variance necessary so that the sign will be in harmony with the surrounding buildings and signage and will not be injurious to the neighborhood or the Village. In granting any variance the Architectural Review Board shall prescribe any appropriate safeguards and conditions applying thereto that it may deem to be necessary or desirable in the public interest and such determination shall be recorded on the sign permit or the Certificate of Appropriateness. Section 6. A. Approval, Disapproval, Certificates of Appropriateness Approval, Disapproval The Architectural Review Board may approve, approve subject to specified conditions or modifications, or disapprove any application for a building permit referred to the Board pursuant to Section 4 above, provided, however, that the Board shall not disapprove any application unless the Board finds that the construction, reconstruction, or alteration for which the permit was applied would, if permitted, be so detrimental to the desirability, property values, or development of the surrounding area as to provide one or more of the harmful effects set forth in Section 1 above, by reason of: (1) Excessive similarity to any other existing building or other structure, or to any other building or other structure for which a permit has been issued, or to any other building or other structure included in the same permit application, facing the same street and within �ARCHITECTURAL REVIEW BOARD Page Five two hundred fifty (250) feet of the proposed site, in respect to one or more of the following features of exterior design and appearance: apparently identical facade; substantially identical size and arrangement of doors, windows, porticoes, or other openings or breaks in the facade facing the street, including reverse arrangement; or other significant identical features, such as material, roof line, and height. (2) Excessive dissimilarity in relation to any other existing building or other structure, or to any other building or structure for which a permit has been issued, or to any other building or other structure included in the same permit application, within two hundred fifty (250) feet of the proposed site, in respect to one or more of the following features: cubical contents; gross floor area; height of building or height of roof; other significant design features, such as material or quality or architectural design. A finding of excessive similarity or dissimilarity shall not be based on personal preference as to taste or choice of architectural style. Any determination disapproving an application for a building permit shall set forth: (1) the specific grounds for finding excessive similarity or excessive dissimilarity; and (2) the specific harmful effects, as set forth in Section 1 above, produced by that excessive similarity or excessive dissimilarity. B. Certificates of Appropriateness (1) Notwithstanding any inconsistent ordinance, code, rule or regulation concerning the issuance of building, sign, or other permits, no material change of appearance in any designated feature of a structure in a designated Historic District or of a designated Landmark and no new construction in a designated Historic District, and no demolition in such District or of a Landmark, shall be commenced without issuance of a Certificate of Appropriateness having first been issued. The Certificate of Appropriateness required by this section shall be in addition to, and not in lieu of, any building, sign, or other permit that may be required by any state or local law or regulation. (2) Applications for a Certificate of Appropriateness shall be submitted to the Board in such form and including such information as the Board may require �ARCHITECTURAL REVIEW BOARD Page Six (3) Issuance of Certificate (a) The Board shall consider the request for a Certificate of Appropriateness and shall determine whether the proposed material change will be appropriate to the preservation of the District or the Landmark in view of the purposes of the Landmark and Historic District Act. In passing upon appropriateness, the Board shall consider, in addition to any other pertinent factors, the historical and architectural style, general design arrangement, texture, material and color of the building component or sign involved and the relationship thereof to other structures in the immediate neighborhood or District. (i) With respect to construction, the Board shall take into consideration the visual relationship between the property in question and existing structures and' the character of the District and the extent to which a new or altered structure would be harmonious with or incongruous to the historic, quaint, picturesque, or distinctive aspect of the surroundings. (ii) With respect to demolition in whole or in part, the Board shall consider whether (a) the building is of such architectural or historical interest that its removal would be to the detriment of the public interest, (b) whether the building is of such interest that it could be made into an historic shrine, (c) whether the building is of such old or unusual or uncommon design, texture or material that it could not be reproduced or reproduced only with great difficulty, (d) whether retention of the building would help preserve and protect an historic place or area of historic interest in the Village, and (e) whether retention will promote the general welfare by maintaining and increasing real estate values and encourage interest in history and architecture. (b) If the Board approves a material change proposed, the Board shall issue a Certificate of Appropriateness, which shall specify the work to be done. In issuing such Certificate the Board may prescribe any conditions that it deems to be necessary to carry out the intent �REVIEW BOARD and purposes of this law. A Certificate issued pursuant to this section shall relate solely to proposed plans accompanying the application or otherwise submitted to the Board for official consideration prior to issuance of said Certificate. It shall be unlawful to deviate from the plans, including any modifications required as a condition of the issuance of such Certificate unless and until an amended Certificate shall be applied for and issued. Notwithstanding the foregoing, the Board shall not issue any such Certificate unless and until it has been advised by the Building Inspector that there is no impediment to the issuance of any building, sign, or other permit as may be required by applicable state or local law or regulation, for said work. With respect to an application to raze aLandmark or a structure located in an Historic Zone, the Architectural Review Board shall have the right to issue a Delayed Certificate of Appropriateness. Such Certificate shall not permit demolition or razing for a period of up to ten (10) months from the date of application therefor, during which time the Board and the applicant shall undertake serious and continuing discussion for the purpose of finding a method to save such property. During such period, the applicant and the Board shall cooperate in attempting to avoid demolition of the property. At the end of this ten month period, if no mutually agreeable method of saving the subject property bearing a reasonable prospect of eventual success is underway or if no formal application for funds from any governmental unit or nonprofit organization to preserve the subject property is pending, the Building Inspector may issue the permit to demolish the property without the approval of the Board. If such mutually agreeable method for saving the subject property is not successful or no such funds to preserve the subject property have been obtained and available for disbursement within a period of two months following the end of such ten month period, the Building Insepctor may issue the permit to demolish the property without the approval of the Board. If the Board determines that a Certificate of �ARCHITECTURAL REVIEW BOARD Page Eight Appropriateness should not be issued, or that a Delayed Certificate or a Certificate contingent upon specific structural performance should be issued, the Board shall notify the applicant in writing of such determination, and of the Board's reasons therefor and shall file such notice with the Village Clerk. (e) The Building Inspector shall refuse to grant a building permit or sign or demolition or other permit in an Historic District or involving a Landmark where a Certificate of Appropriateness has been denied or where the grant of such permit is not within the terms and conditions of such Certificate of Appropriateness which has been granted. (4) Nothing contained in this ordinance shall be construed as authorizing the Architectural Review Board in acting with respect to an application for a Certificate of Appropriateness or in adopting regulations in relation thereto, to waive any regulation or laws relating to the Zoning Board of Appeals or the Planning Board. The Board may, in exercising its powers and performing its functions under this law, with reference to an Historic District or Landmark, apply or impose with respect to the construction, reconstruction, alteration, demolition or use of any structure or sign, determinations or conditions which are more restrictive than those prescribed or made by or pursuant to the applicable regulations contained herein or to any other applicable provisions of law. (5) Any Certificate of Appropriateness and any permit to raze a building issued pursuant to these rules and regulations shal expire of its own limitation twelve (12) months from the date of issuance, if the work authorized thereby is not commenced by the end of such twelve-month period; and further, any such Certificate and permit shall also expire and become null and void if such authorized work is suspended and abandoned for a period of twelve (12) months after being commenced. Any period or periods of time during which the right to use any such Certificate or permit is stayed pursuant to these rules and regulations or to any statutory or judicial rule or order shall be excluded from the computation of the twelve months. �ARCHITECTURAL REVIEW BOARD Page Nine C. Maintenance; Removing Dangerous Conditions (1) Every owner or other person in charge of a Landmark building or struct-ure or a building or structure in an Historic District shall keep in good repair all of the exterior portion? of such improvements and all interior portions thereof which, if not so maintained, may cause or tend to cause the exterior portions of such improvements to deteriorate, decay or become damaged or otherwise to fall into ?. state of disrepair. (2) In any case where the Building Inspector shall order or direct 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 dangerous to life, health or property, nothing contained herein shall be construed to make it unlawful for any person, without prior issuance of a Certificate of Appropriateness, to comply with such order or direction. The Building Inspector shall give the Architectural Review Board notice of any such proposed order or direction, and the Board shall have the power to require that the work not materially change the exterior appearance where the danger of life, health or property may be abated without detracting from the exterior appearance. Section 7. Refusal of Permit, Issuance of Permit, Failure of Board to Act The Building Inspector shall refuse any building permit application that has been disapproved by the Architectural Review Board pursuant to Section 6 above. The Building Inspector shall forthwith issue a building permit, the application for which has been approved by the Architectural Review Board pursuant to Section 6 above, provided that all other requirements of law for the issuance of that permit have been met and further provided that the permit shall set forth all conditions or modifications to which the approval by the Board is subject. If the Architectural Review Board fails to render a decision pursuant to Section 6 above on an application for a building permit within seventy-five (75) days after the first consideration of the application by the Architectural Review Board, the Board shall be deemed to have approved the application; and the Building Inspector shall forthwith issue the building permit, provided that all other requirements of law for the issuance of that permit have been met. That seventy-five (75) day period may be extended by mutual consent of the applicant and the Board. �ARCHITECTURAL REVIEW BOARD Page Ten The Building Inspector shall determine compliance with the decision of the Architectural Review Board prior to the issuance of a Certificate of Occupancy. Should the Building Inspector determine that compliance has not occurred, a Certificate of Occupancy will not be issued until the applicant complies with the decision of the Architectural Review Board. Section 8. Fees The following fee schedule is established for all applications before the Architectural Review Board: Filing Fee Additional Fee Section 9. $10.00 $ 1.00 per $1,000.00 for any construction over $10,000.00. Consultation with Planning Board; Zoning Board of Appeals Upon the reguest of the Planning Board and/or the Zoning Board of Appeals, the Architectural Review Board shall consult with and advise the requesting Board with respect to any site plan that the Planning Board is required by law to review or with respect to zoning appeals that the Zoning Board of Appeals is required by law to review. Section 10. Historical Architectural Review Board The Historical Architectural Review Board established by the Landmark and Historic District Act (Local Law No. 3-1978 and 16-1979) is hereby abolished; and the powers, duties, and functions of that Board are hereby vested in the Architectural Review Board created by Section 2 above. Section IIIA of the Landmark and Historic District Act (Local Law No. 3-1978) is hereby repealed. Section 11. Separability If any section, sub-section, paragraph, sentence, clause, or phrase of this Local Law is declared by any court of competent jurisdiction to be invalid, such invalidity shall not affect any other portion of this Local Law. The Village Board hereby declares that it would have adopted every section, sub-section, paragraph, sentence, clause, and phrase of this Local Law regardless of the fact that any other section, sub-section, paragraph, sentence, clause, or phrase be delcared invalid. Section 12. Effective Date This local law shall take effect immediately. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Architectural Review Board Minutes-1988 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ARB_1988-01-04 Subject The topic of the resource Architectural Review Board Minutes-1988 Date A point or period of time associated with an event in the lifecycle of the resource 1988 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text