Overview
The Commission may propose an individual property for designation as a landmark if it:
(1) Possesses special character or historic or aesthetic interest or value as part of the cultural,
political, economic or social history of the locality, region, state or nation;
(2) Is identified with historic personages;
(3) Embodies the distinguishing characteristics of an architectural style;
(4) Is the work of a designer whose work has significantly influenced an age; or
(5) Because of a unique location or singular physical characteristic, represents an established and
familiar visual feature of the neighborhood.
Notice of a proposed designation shall be sent by registered mail to the owner of the property proposed for designation appearing on the most recent real property tax rolls of the Town, describing the property proposed and announcing a public hearing by the Commission to consider the designation to be held not less than 20 days after the date the notice is mailed to the owner.
Simultaneously with the mailing of such notice, the Commission shall cause a copy of the same to be delivered to the Building Inspector and to the Assessor for their respective review and comment. Once the Commission has issued notice of a proposed designation, no building or demolition permits shall be issued by the Building Inspector nor shall any material change be made to the appearance of the property until the Commission has made its decision.
The Commission shall hold a public hearing on the date set forth in the notice prior to designation of any landmark. The Commission, owner and any interested parties may present testimony or documentary evidence at the hearing which will become part of a record regarding the historic, architectural or cultural importance of the proposed landmark or historic district.
The Commission shall make a decision in writing within 62 days of closing of the public hearing and send a copy of its decision to the owner of the property and file a copy with the Town Clerk, with the Building Inspector and with the Town Assessor. The Commission decision shall state the reasons for granting, modifying or denying a landmark designation.
The Commission shall prepare and present to the Ulster County Clerk for recording a notice of each property designated as a landmark and describing the decision of the Commission with regard to such property.
Maintenance and Repair Required
Nothing in this article shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a landmark, a property under consideration for landmark designation, or a property within a historical district which does not involve a change in design, material, color or outward appearance.
No owner or occupant of real property designated as a landmark or included within a historic district shall permit the 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 Commission, produce a detrimental effect upon the character of a landmark or a historic district as a whole or the life and character of the property itself. Examples of such deterioration include:
(1) Deterioration of exterior wall or other vertical supports.
(2) Deterioration of roofs or other horizontal members.
(3) Deterioration of exterior chimneys.
(4) Deterioration or crumbling of exterior stucco or mortar.
(5) Ineffective waterproofing of exterior walls, roofs or foundations, including broken windows or doors.
(6) 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.
The Building Inspector shall conduct an annual survey of all buildings designated as landmarks to determine that they are not in a state of disrepair and that no alterations have been made in the features described in § 140-123 of this article without the owner having first obtained a certification of appropriateness.
Appeals Regarding Landmark Designation
Any person whose application for a certificate of appropriateness has been denied by the Commission may apply for relief on the ground of hardship, within 30 days of the filing of the decision in the office of the Building Inspector, by making a written application to the Building Inspector for review of the decision by the Town Zoning Board of Appeals.
The Zoning Board of Appeals shall review the decision of the Commission at a regularly scheduled or special meeting within 30 days after the application for review is filed with the Building Inspector at which an opportunity to comment on the application is afforded to all interested parties or any member of the public. The Zoning Board of Appeals shall decide the application within 62 days after the meeting, or any adjournments or extensions thereof. The concurring vote of a majority of the Zoning Board of Appeals shall be necessary to reverse or modify a decision of the Commission.
In order to prove hardship, the applicant shall demonstrate to the Zoning Board of Appeals that:
(1) The applicant cannot realize a reasonable return, provided that lack of return is substantial as
demonstrated by competent financial evidence;
(2) The alleged hardship relating to the property is unique and does not apply to a substantial portion of the
district or neighborhood;
(3) The requested use, if approved, would not alter the criteria for the designation of landmarks as described
in § 140-122A of this article; and
(4) The alleged hardship has not been self-created, which consideration shall be relevant to the decision of the Zoning Board of Appeals but shall not necessarily preclude the granting of relief.
Judicial Review
Any person aggrieved by a decision of the Commission regarding landmark designations or a decision of the Zoning Board of Appeals regarding certificates of appropriateness may apply to the Supreme Court for relief by a proceeding under Article 78 of the Civil Practice Law and Rules. The proceeding must be commenced within 30 days after the filing of the decision appealed from in the office of the Town Clerk.
Costs shall not be allowed against the Town Board or the Zoning Board of Appeals unless it shall appear to the Court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from.
If upon the hearing at the Supreme Court it shall appear to the Court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the Court with his or her findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the Court shall be made. The Court may reverse or affirm, wholly or partly, or may modify the decision brought up for review determining all questions which may be presented for determination.
Penalties for Offenses
Failure to comply with any of the provisions of this article shall be deemed a violation, and the violator shall be liable for a fine of not less than $50 nor more than $250.
Any person who constructs, alters, demolishes or permits a property designated as a landmark to fall into a serious state of disrepair in violation of this article shall be required to restore the property and its site to its appearance prior to the violation. Any action to enforce this article shall be brought by the Town Attorney, who shall be entitled to recover, in addition to the fine, all costs and expenses incurred by the Town in pursuing compliance with this article.
This civil remedy shall be in addition to and not in lieu of any criminal prosecution and penalty.
Designation Form
TOWN OF NEW PALTZ
PO Box 550
1 Veteran Drive
NEW PALTZ, NEW YORK 12561
(845) 594-9432 FAX (845) 255-4084
TOWN of NEW PALTZ HISTORIC PRESERVATION COMMISSION
NOMINATION FOR
DESIGNATION OF LANDMARK OR HISTORIC DISTRICT
(Pursuant to Article XIV 140-122 of the New Paltz Code)
Applicant Name: ______________________________________________________
Mailing Address: ______________________________________________________
Telephone: ______________________________________________________
If applicant is acting through an authorized agent or legal representative, identify agent's name, address and telephone:
____________________________________________________________
____________________________________________________________
____________________________________________________________
Does applicant own the property?: ____________ _____________
Yes No
If no, identify owner's name, address and telephone:
____________________________________________________________
____________________________________________________________
____________________________________________________________
If applicant is different from owner,
does the owner concur in this application? ____________ _____________
Yes No
If applicant is different from owner, is there a
relationship between applicant and owner? ____________ _____________
Yes No
If yes, explain:
____________________________________________________________
____________________________________________________________
____________________________________________________________
If applicant is different from owner, explain applicant's interest in the property:
____________________________________________________________
____________________________________________________________
____________________________________________________________
Is applicant or owner related to any official or employee of the Town of New Paltz or the Town of New Paltz Historic Preservation Commission?
____________ _____________
Yes No
If yes, explain: ____________________________________________________________
Property Address: ____________________________________________________________
____________________________________________________________
Name of Property
(if applicable): ____________________________________________________________
Tax Map ID No.: ____________________________________________________________
Zoning Classification: ____________________________________________________________
Parcel Size: ____________________________________________________________
Present Use
of Property: ____________________________________________________________
Historic Use of
Property: ____________________________________________________________
Designation Sought
(check one): ________ Landmark ________ Historic District
Year of Construction: ____________________________________________________________
Original architect
(if known): ____________________________________________________________
Original builder
(if known): ____________________________________________________________
Original and subsequent owners of the property, including dates of ownership (if known):
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Describe the architectural style of the property:
______________________________________________________________________________
______________________________________________________________________________
Describe primary building materials:
Foundation: ______________________ Roof: _________________________
Walls: ______________________ Other: _________________________
How does the property in its present condition materially differ from the property as originally constructed? Describe material alterations or additions to the property subsequent to its original construction (include dates if known):
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Describe the present condition of the property:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Describe site and surroundings (e.g., outbuildings, landscaping, neighborhood):
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Are there any presently known threats to the property? ___________ ____________
Yes No
If yes, describe:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Is the property associated with any personages
of historic significance? ____________ _____________
Yes No
If yes, identify and explain:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Describe the historic significance of the property (i.e., why it merits designation as a landmark or historic district). Indicate relevant sources of information. Attach additional sheets as needed:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
APPLICANT: I hereby certify that this application is accurate and complete to the best of my knowledge.
Applicant's Signature: ________________________________ Date: ___________________
OWNER: (if different from applicant, and if owner concurs in application): I have read and familiarized myself with this application and do hereby consent to its submission and processing.
Owner's Signature: ___________________________________ Date: ___________________
