September 04, 2008 09:44 am
—
Editor’s note: The following
is a statement from the
planning board in regard to
a proposed revision to the
zoning law and how it would
impact property owners.
To Residents and Property
Owners of Cooperstown:
The Village of Cooperstown
Board of Trustees has
recently set a date for a public
hearing to consider a revision
in the zoning law concerned
with historic
preservation.. The Planning
Board is recommending a
new historic preservation
law that will be easier to understand
and interpret, more
fair and enforceable, and
more effective in the protection,
enhancement, perpetuation,
and preservation of
our historic Village.
To fully understand the
changes that we recommend,
we believe it is important to
compare key provisions in
the current law to those proposed
in the new law. To assist
you in this process, we
have drafted key questions,
and answers, for your review.
We believe, after two years of
work on this project, that
this revision is important for
the continued preservation
of one of our most valued assets
- the historic and architectural
character of Cooperstown.
Charles Hill, Acting
Chair, Cynthia Falk, Matthew
Schuermann, Sally
Graumlich, Roger MacMillan,
Richard Blabey, alternate
What properties are included
in the historic district?
Current Law - The entire
Village of Cooperstown
is included in the Glimmerglass
Historic District listed
on the New York State and
National Register of Historic
Places. Based on these state
and federal designations, the
locally designated historic
district also includes the Village
in its entirety.
Proposed Law - No
change in coverage.
Who will approve
changes I want to make to
my house?
Current Law - The Planning
Board now reviews your
proposed changes. Planning
Board members are not required
to have any expertise
in historic preservation or
related subjects. Instead, the
Village Trustees appoint
three individuals with technical
expertise in architecture,
building technology, or
historic preservation to advise
the Planning Board.
These advisors are not required
to be Village residents;
they do not vote, and
no quorum of advisors is required
to be present when
the Board reviews and approves
construction plans.
Proposed Law - The proposed
law would establish a
Historic Preservation and
Architectural Review Board
that would review proposed
changes to the exterior of
buildings and, when approved,
issue a "Certificate
of Appropriateness." The
proposed Board would be
composed of five Village residents,
all with an interest in
preservation, and include, to
the extent that such professionals
are available, members
with expertise in the
disciplines of history, architecture,
and architectural
history.
The Planning Board
would continue to review applications
for Subdivision,
Site Development Plans, Coordinated
Development Districts,
and all signs, as well
as providing recommendations
to the Board of Trustees
with respect to Special
Permits.
What changes would I
have to get approved?
Current Law - The Planning
Board reviews all plans
for any change in the external
appearance of a structure,
memorial, or site. It
also reviews plans for any
new buildings or structures.
Ordinary maintenance and
repair are exempt.
Proposed Law - The new
Historic Preservation and
Architectural Review Board’s
mandate is more explicit. It
would review all applications
"for any exterior alteration,
restoration, reconstruction,
demolition, new construction,
or moving of any building,
structure or property or
any material change in the
appearance of such property,
its light fixtures, sidewalks,
fences, steps or other exterior
elements." Maintenance
and repair is exempt .
What criteria are used
to approve projects?
Current Law - The Planning
Board is guided by subjective
and largely undefined
terms including historic or
architectural value and significance,
harmony, and grotesque
design. The current
law does state, however, that
alterations, repairs, additions,
or reconstruction must
be consistent with the relevant
architectural style and
compatible with the neighborhood
and environment.
Proposed Law - The focus
of the new law is preserving
historic architectural
features and ensuring that
changes are compatible with
the character of the village
and the local neighborhood.
Compatibility is clearly defined
in terms of a structure’s
design, character, appropriateness,
scale, site location,
and building materials. Regarding
the treatment of historic
structures, the new law
adopts as guidelines the Secretary
of the Interior’s Standards
for Rehabilitation.
These encourage the repair
rather than replacement of
deteriorated features when
possible and avoiding sandblasting
and certain mechanical
sanding techniques that
can damage building materials,
among other provisions.
What if I want to paint
my house a different color?
Current Law - Painting
is considered ordinary maintenance
and exempt from review.
The current law does
charge the Planning Board
with preventing the use of
"grotesque" color schemes.
Proposed Law - There is
no regulation of paint colors.
What if I want to demolish
a building?
Current Law - The current
law prohibits, with limited
exceptions, the demolition
of structures that are
listed as "contributing" on
the nomination for the Glimmerglass
National Register
Historic District. This includes
most houses and other
major buildings in the Village.
Buildings that are listed
as "non-contributing" or
were missed when the list
was created are not protected.
Proposed Law - Demolition
of any structure would
be regulated based on the
same criteria as other changes,
including the compatibility
of the proposed new construction.
What if I can’t afford to
make the changes that
the Board wants me to
make?
Current Law - The affordability
of a proposed
change is not relevant to the
approval process. Hardship
criteria are applied solely to
demolition projects.
Proposed Law - Financial
hardship is grounds for
requesting reconsideration
of an application that has
been denied. In order to
prove the existence of hardship,
the applicant would establish
that the property is
incapable of earning a reasonable
return without the
proposed alteration, regardless
of whether that return
represents the most profitable
return possible and provided
that the lack of return
is substantial as demonstrated
by competent financial
evidence. In the case of demolition,
the applicant would
establish by documentary
evidence that: (a) the property
is incapable of earning a
reasonable return, regardless
of whether that return
represents the most profitable
return possible, and
provided that the lack of return
is substantial as demonstrated
by competent financial
evidence; (b) the
property cannot be adapted
for any other use, whether by
the current owner or by a
purchaser, which would result
in a reasonable return;
and (c) good-faith efforts to
find a purchaser interested
in acquiring and preserving
it have failed.
If my neighbor is planning
a project will I be notified?
Current Law - Typical
renovation work, additions,
and demolitions do not require
that nearby residents
be notified. However, if a Site
Development Plan is required,
or a variance by the
Zoning Board of Appeals, or
a Special Permit by either
the Zoning Board of Appeals
or Trustees, a public hearing
is required and you will be
notified.
Proposed Law - Neighbors
would also be notified
and a public hearing held for
demolitions. The Historic
Preservation and Architecture
Review Board could additionally
hold public hearings
and issue notifications
for projects involving significant
exterior alterations or
when an application may
present public controversy.
My neighbors own a
building that is in poor
repair and affecting the
value of my home. Are
they required to fix it?
Current Law - No.
Proposed Law - No owner
or person with an interest
in a property would be permitted
to allow the property
to fall into serious disrepair
so as to result in the deterioration
of any exterior architectural
feature which would,
in the judgment of the Historic
Preservation and Architectural
Review Board, produce
a detrimental effect
upon the character of the Village
or the building itself.
Individuals who refuse to repair
their property could be
fined.
Copyright © 1999-2010 cnhi, inc.