CHAPTER 37

 

                     HISTORIC PRESERVATION

 

§ 37.1  Purpose and findings

 

  The purposes of this Local law is to preserve historic and architecturally significant structures within the Village of Mineola by identifying historically and architecturally significant structures and designating such as historic sites, in order to stabilize and improve property values, foster civic pride, strengthen the local economy and to promote educational and cultural opportunities for the inhabitants of the Village.

 

  A.  The Village Board finds that the preservation of historic sites and districts within the Village fosters a greater stability in each neighborhood, creates an appreciation of the Village's historical heritage, and furthers the education of our future generations.  Therefore, preservation of historical sites and districts will further the general health, safety, and welfare of the community.

 

  B.  It is the intent of this Chapter to set forth procedures and criteria to preserve certain sites and districts deemed to be significant in the history of Mineola and to remedy circumstances which would permit the needless alteration or destruction of these sites and districts.   

 

§ 37.2  The Board of Trustees of the Incorporated Village of

        Mineola; Designation of Historic Sites Within Borders of

        Village; Notice; Public Hearing

 

  A.  The Board of Trustees of the Incorporated Village of Mineola (hereinafter "The Board"), upon a majority vote thereof, shall from time to time designate certain properties as historic sites or districts.  Such designation shall be premised upon the criteria as set forth in Subparagraph B of this Section, and shall only occur after the notice and hearing requirements of Subparagraph C of this Section have been satisfied.

 

  B.  The Board may designate an individual property as an historic site or a group of properties as an historic district if it:

 

  1.    Possesses a special character or historic or aesthetic interest or value as part of the cultural, political,

 

 

 

§ 37.2                   MUNICIPAL CODE

 

      economic or social history of the Village, region, state or nation; or

 

  2.    Is identified with historic personages; or

 

  3.    Is the work of a designer whose work has significantly influenced an age; or

 

  4.    Because of unique location or singular physical characteristic represents an established and familiar visual feature of the neighborhood; or

 

  5.    Embodies the distinguishing characteristics of an architectural style recognized by any one of the following organizations:

 

      (a) The National Register of Historic Places;

 

      (b) Historic American Buildings Survey;

 

      (c) Historic American Engineering Records U.S. Department of the Interior National Park Services;

 

      (d) Division of Historic Preservation New York State Office of Parks and Recreation;

 

      (e) Nassau County Museum;

 

      (f) National Trust for Historic Preservation; and

 

      (g) Society of Architectural Historians.

 

  C.    No historic site designation shall occur without first providing the record owner/owners of the property being considered for designation with:

 

  1.    Notice that the property is being considered for designation as an historic site;

 

  2.    Notice of the time, date and place of the public hearing scheduled to consider the property for historic site designation; and

 

  3.    An opportunity to appear and participate at such public hearing.

 

 

                     HISTORIC PRESERVATION              § 37.3

 

  Notice shall be sent by registered mail to the record owner/owners of the property at least ten (10) days prior to the date of the public hearing.  Where the property involves so many record owners that individual notice is infeasible, or the whereabouts of the record owner/owners are unascertainable, notice may instead be made by publishing such notice in a newspaper of general circulation within the Village at least ten (10) days prior to the date of the public hearing.

 

  D.  The notice shall contain a description of the property, the circumstances surrounding the proposed historic site designation, and an announcement of a public hearing by the Board to consider the designation.

 

  E.  The Board shall hold a public hearing prior to designation of any historic site.  At the public hearing, the Board, owners, and any other interested parties may present testimony or documentary evidence regarding the historic, architectural, or cultural importance of the proposed historic site, along with any other relevant considerations pursuant to Subparagraph B of this Section.

 

  F.  Following the hearing, upon the Board's designation of an historic site, notice of such designation shall be sent by registered mail to the record owner/owners of the property.  Where the property involves so many records owners that individual notice is infeasible, or the whereabouts of the record owner/owners are unascertainable, notice may instead be made by publishing such notice in an officially designated publication of general circulation within the Village.

 

  G.  Determinations and designations made by the Board shall be subject to judicial review through an Article 78 proceeding.

 

§ 37.3  Regulation of Structures; Certificate of Appropriateness

 

  A.  Once a property has been designated as an historic site, and notice of such designation has been given to the record owner, no person shall carry out any exterior alteration, restoration, reconstruction, rebuilding after casualty, demolition or moving of a historic site, nor shall any person make any material change in the appearance of such a property, its light fixtures, signs, sidewalks, fences, steps, paving or other exterior elements visible from a public street or alley which affect the/appearance of the historic site, without first obtaining a certificate of appropriateness from the Board of Trustees.

 

§ 37.3                           MUNICIPAL CODE

 

  B.  No building permit shall be issued from the Building Department of this Village for such proposed work until a certificate of appropriateness has first been issued by the Board.  The certificate of appropriateness required by this Chapter shall be in addition to and not in lieu of any building permit that may be required by any other ordinance of the Incorporated Village of

Mineola.

 

§ 37.4  Maintenance and Repair

 

  Nothing in this Chapter shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a property, designated as an historic site, which does not involve a change in design, material, color or outward appearance.

 

  No record owner or person with an interest in real property designated as an historic site shall permit such property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature which would, in the judgment of the Board, produce a detrimental effect upon the character of the historic site.

 

  Examples of such deterioration include, but are not limited to:

 

  A.  Deterioration of exterior walls or other vertical supports;

 

  B.  Deterioration of roofs or other horizontal members;

 

  C.  Deterioration of exterior chimneys;

 

  D.  Deterioration or crumbling of exterior stucco or mortar;

 

  E.  Ineffective waterproofing of exterior walls, roofs or foundations, including broken windows or doors;

 

  F.  Deterioration of any feature so as to create a hazardous condition which could lead to the claim that demolition is necessary for the public safety.

 

§ 37.5  Criteria for Approval of a Certificate of Appropriateness

 

  A.  In passing upon an application for a certificate of appropriateness, the Board shall not consider changes to interior spaces, unless they are open to the public, or to architectural

                              

 

                      HISTORIC PRESERVATION             § 37.6

 

features that are visible from a public street or alley.

 

  The Board's decision to approve, deny, or approve with modifications, the permit, shall be issued upon a majority vote thereof.

 

  In making such determination, the Board shall consider:

 

      (i) the significant architectural features and/or the historically significant nature of the building or structure;

 

     (ii) the effect of the proposed construction, work or change upon such features and nature;

 

    (iii) the methods of preserving such features; and

 

     (iv) the nature of any alternatives to any proposed construction, work or changes that would tend to preserve such features and nature.

 

§ 37.6  Certification of Appropriateness Application Procedure

 

  A.  Prior to the commencement of any work requiring a certificate of appropriateness the owner shall file an application for such a certificate with the Board.  The application shall contain:

 

      (i) name, address and telephone number of applicant;

 

     (ii) location and photographs of property;

 

    (iii) elevation drawings of proposed changes, if available;

 

     (iv) perspective drawings, including relationship to adjacent properties, if available;

 

      (v) samples of color or materials to be used;

 

     (vi) where the proposal includes signs or lettering, a scale drawing showing the type of lettering to be used, all dimensions and colors, a description of materials to be used, method of illumination and a plan showing the sign's location on the property (See "Sign" Law Chapter 30, Article 8);

 

 

§ 37.6                            MUNICIPAL CODE

 

     (vii)    any other information which the Board may deem necessary in order to visualize the proposed work.

 

  B.  The Board shall approve, deny or approve the permit with modifications within sixty (60) days from receipt of the completed application, or in instances where a hearing is held, sixty (60) days from the closing of the hearing.  The Board may hold a public hearing on the application, at which, an opportunity will be provided for proponents and opponents of the application to present their views.  The failure of the Board to act in a timely manner shall be deemed a denial of the application.

 

  C.    All decisions of the Board shall be in writing.  A copy shall be sent to the applicant by registered mail and a copy filed with the Village Clerk.  The Board's decision shall state the reasons for denying or modifying any application.

 

§ 37.7  Hardship

 

  An applicant whose certificate of appropriateness for a proposed alteration has been denied may apply to the Board for relief on the grounds of hardship.  In order to prove the existence of hardship, the applicant shall establish that the historic site, unchanged and as is, is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible.

 

§ 37.8  Enforcement

 

  All work performed pursuant to a certificate of appropriateness issued under this Chapter shall conform to any requirements included therein. It shall be the duty of the Building Department to inspect periodically any such work to assure compliance.  In the event work is found that is not being performed in accordance with the certificate of appropriateness, or upon notification of such fact by the Board, the Building Department shall issue a stop work order and all work shall immediately cease.  No further work shall be undertaken on the project as long as a stop work order is in effect.

 

§ 37.9  Violations

 

  A.  Failure to comply with any of the provisions of this Chapter shall be deemed a violation of this Chapter, and the violator shall be liable to a fine of not less than $1,000.  Each week the violation continues shall constitute a separate and distinct

 

                     HISTORIC PRESERVATION              § 37.9

 

violation of this Chapter.

 

  B.  Any person who demolishes, alters, constructs or permits a

designated property to fall into a serious state of disrepair in violation of this Chapter shall be required to restore the property and its site to its appearance prior to the violation.  Any action to enforce this subsection shall be brought by the Village Attorney.  The civil remedy shall be in addition to and not in lieu of any other prosecution and penalty.

 

 

 

 

 

 

                        HISTORICAL NOTE

 

  This Chapter was enacted by the Board of Trustees of the Village of Mineola by Local Law #33, 2000, on June 21, 2000.