INCORPORATED VILLAGE OF DERING HARBOR
LOCAL LAW NO. 2 OF THE YEAR 2000
A LOCAL LAW OF THE INCORPORATED VILLAGE OF DERING HARBOR ESTABLISHING AMENDMENTS TO LOCAL LAW 4 OF 1970, THE ZONING LAW OF THE VILLAGE OF DERING HARBOR ENTITLED “ZONING REGULATIONS OF 2000 OF THE INCORPORATED VILLAGE OF DERING HARBOR REGULATIONS AMENDING LOCAL LAW 4 OF 1970, THE ZONING LAW OF THE INCORPORATED VILLAGE OF DERING HARBOR.
BE IT ENACTED BY THE BOARD OF TRUSTEES OF THE INCORPORATED VILLAGE OF DERING HARBOR AS FOLLOWS:
Section
1.0 Title, Enactment, Effective Date, Purpose and Intent
1.1 Title of Local Law
1.2 Enactment.
1.3 Effective Date.
1.4 Purpose and Intent of Local Law.
2.0 General Provisions; Amendments to Local Law 4 of 1970, the Zoning Law of the Village of Dering Harbor
Section 1.0 Title, Enactment, Effective Date, Purpose and Intent.
1.1. Title
The Title of this Local Law shall be entitled “Zoning Regulations of 2000 of the Incorporated Village of Dering Harbor, Regulations Amending Local Law 4 of 1970, the Zoning Law of the Incorporated Village of Dering Harbor.”
1.2. Enactment.
Pursuant to Section 10 of the Home Rule Law, the Village Law, and the
General Municipal Law of the State of New York, the Incorporated Village of Dering Harbor, County of Suffolk and State of New York, hereby enacts by this Local Law of 2000, a Local Law of the Incorporated Village of Dering Harbor.
1.3. Effective Date.
This local law shall take effect on the filing of the approved Local Law with the Secretary of State of New York, which shall be within twenty (20) days after its approval by the Board of Trustees of the Incorporated Village of Dering Harbor.
1.4. Purpose and Intent of Local Law.
A. Purpose
The purpose of this Local Law is to promote and protect the identity and value of property in the Village of Dering Harbor, and the public safety, quality of life and welfare of the residents of the Village of Dering Harbor and their guests, and of the visitors to the Village, and to preserve the environment of the Village of Dering Harbor, including both the environmentally sensitive areas within the boundaries and territory of the Village of Dering Harbor, and of the areas adjoining or surrounding those areas and within the jurisdiction of the Village, and the other policy and purposes stated in the Local Law 4 of 1970 and this Local Law of2000, by the enactment of amendments to certain regulations contained in that Local Law 4 of 1970, the Zoning Law of the Village of Dering Harbor.
B. Intent
The intent of the Local law is to establish amendments to certain provisions of Local Law 4 of 1970 of the Incorporated Village of Dering Harbor to further the stated policy and purpose of that law and this Local Law of2000 and the amendments contained herein.
2.0 General Provisions; Amendments to Local Law 4 of 1970, the Zoning Law of the Village of Dering Harbor
A. Statements as to Amendments and Added Provisions.
The following Articles and Sections of Local Law 4 of 1970, the Zoning Law of the Village of Dering Harbor shall be amended to read as stated in this local law. All other Articles and Sections not specifically amended or mentioned in this Local Law of 2000 shall remain in full force or effect. In the event that a new section or subsection is stated in this Local Law of2000 which is not contained in the Local Law 4 of 1970, then that Local Law 4 of 1970 shall be amended to contain the provision stated in this Local Law of2000, that is that the provision contained in this Local Law of2000 shall be added to that Local Law 4 of 1970.
B. Amendments to Article I of Local Law 4 of 1970
ARTICLE I
Subsection 1-102 (2) (c) and (d)
2. Accordingly the Board of Trustees finds and determines as a basis for establishing a general policy on development and zoning that the regulation thereof:
a. The Village of Dering Harbor is peculiarly unique not only in that it is the smallest village in the state, but that it is situated on Shelter Island, which comprises an entire town with its own zoning ordinance providing for adequate nearby community shopping and other facilities as well as a wide variety of housing types permitted and existing. Moreover the land in the entire village is subject to covenants running with the land which precludes any commercial or industrial uses or activities. This local law recognizes these facts and the relationship between the village and the town of which it is a part.
b. The natural beauty of the village, with its rare undisturbed wooded area, its tidal marshes too important to ecology, its scenic outlooks over Dering Harbor, Greenport Harbor and Peconic Bay, its limited existing public facilities consisting primarily of a public water supply system and public thoroughfares not designed for any considerable traffic carrying capacity are also recognized in these
regulations which are designed among other things to preserve to the maximum extent possible the unspoiled character of the land and the limited existing development and residential environment.
c. Regulations should be and are hereby made which will conserve the natural beauty of the terrain and maintain the existing pattern of development along residential lines, relying upon nearby areas in the town and the inter-community composite of which it is a part for the other than residential services and opportunities necessary to the inhabitants of the village. The Board of Trustees therefore directs that no commercial activity is allowed to take place within the boundaries of the Village of Dering Harbor.
d. Appropriate levels of the intensity of land occupancy must be and hereby are established to preserve and protect existing community values by preventing inharmonious or deleterious uses, particularly those uses which can be more appropriately and economically provided elsewhere in the larger inter-community area, such as any commercial activity, and to obviate the construction of public highways, sanitation and other facilities and the furnishing of municipal services. Subsection 1-106 Definitions
g. Family. Any number of individuals related by blood, marriage or adoption, or five or fewer people that are unrelated by blood, marriage or adoption living together as a single housekeeping unit using rooms and housekeeping facilities in common and having such meals as they may eat at home generally prepared and eaten together in one single kitchen facility in a single family dwelling. The sale, transfer, lease or assignment of rental shares or shares to occupy a house or the occupation of a dwelling by more than five unrelated individuals is strictly prohibited in the Village of Dering Harbor.
Subsection 1-106{2)(a) Accessory Building
a. Accessory building. A building or structure which is subordinate to the principal building on the same lot, such as a barn, boathouse, garage, greenhouse, playhouse, stable, swimming pool, or dish antenna whether attached or detached to or from the principal building or any other building on the lot. An accessory building may not contain living or sleeping quarters or kitchen facilities of any kind. An accessory building must meet these requirements whether it is attached or separate from a principal building or any other building or structure, or accessory building.
C. Amendments to Article III of Local Law 4 of 1970
ARTICLE III
Section 3-302 Uses Prohibited
The following uses, buildings and structures are prohibited in both districts:
1. The breeding of fowl.
2. The keeping of animals, other than domestic household pets, except as a special exception.
3. Signs, except a name of family or street number sign having an area of not more than two-hundred twenty-five square inches, or except as a special exception.
4. Any other than a permitted use, building or structure.
[5. Fences] [Ed. Note: deletes 1/1 1/71 see 4-420]
6. Parking of private vehicles on Village of Dering Harbor streets is prohibited except as authorized by the Board of Trustees of the Village of Dering Harbor. All residences must contain adequate off-street parking for a minimum of four ( 4) vehicles of an average size. Parking on Village of Dering Harbor property is prohibited except for occasional special events and Village of Dering Harbor purposes as authorized by the Board of Trustees of the Village of Dering Harbor only. Any violations of this provision shall be subject to towing at the expense and sole liability of the owner of the offending vehicle.
7. Commercial Activity.
D. Amendments to Article IV of Local Law 4 of 1970
ARTICLE IV
Section 4-400 Application; interpretation; irregular lots
1. The regulations set forth in this article shall apply to both districts.
2. In interpreting and applying this local law, the requirements contained herein are declared to be the minimum requirements necessary for the protection of the public health, morals, safety, comfort, convenience and general welfare of the community. No building or structure shall be erected, moved, altered, rebuilt or enlarged, nor shall any land or building be used, designed or arranged to be used for any purpose or in any manner except in conformity with this local law and particularly with the specific regulations for the district in which such building or land is located. Any use not specifically permitted is prohibited. Every building hereafter erected shall be located on a lot as herein defined. There shall be no more than one principal building and its accessory buildings and not more than one dwelling unit on any such lot. Each principal building will have only one dwelling with only one indoor kitchen. A kitchen is defined as a space used for preparing meals and containing one or more appliances used for that purpose. Two or more separate kitchen facilities in the principal building are strictly prohibited. Kitchen or kitchen facilities are strictly prohibited in any accessory building either attached or detached to the principal dwelling. No yard or open space provided about any building for the purpose of complying with the provisions of these regulations shall be included as part of the yard or other open space for any other building. No yard or other open space on one lot shall be considered as a yard or open space for a building on another lot, and should a lot hereafter be formed from the part of a lot already occupied by a building such separation shall be effected in such manner as not to impair conformity with any of the requirements of this local law with respect to the existing
building and all yards and other required spaces in connection therewith, and no permit shall be issued for the erection of a building on the new lot thus created unless it complies with all the provisions of this local law. All accessory buildings and structures shall have the same front yard, side yard, and rear yard setbacks as required for principal buildings on the lot.
ARTICLE IV (continued)
Section 4-402 Floor Area of Dwellings
Excluding porches, breezeways, and attached or semi-attached
accessory buildings, the area of the first floor of a principal building shall not be less than fourteen-hundred (1400) square feet, and further excluding basements and attics the total floor area shall not be less than two-thousand (2000) square feet. The total floor area of any principal building shall not exceed ten-thousand (10,000) square feet exclusive of accessory buildings.
ARTICLE IV (continued)
Section 4-408 Height of Vegetation
No hedge, shrubbery or other product of the soil other than a tree, shall be permitted to grow and no improvement shall be erected along the lines of a lot on a street comer, to a height greater than three feet within twenty-five feet of the corner as measured from the surface of the road at the base of the curb If any or edge of the road along the corner.
ARTICLE IV (continued)
SECTION 4-416 Trailers; mobile homes
No automobile or boat trailer, house-cars or mobile homes shall be used for human habitation, nor shall they be permitted to be parked in the open on private property.
ARTICLE IV (continued)
Fences
1. Fences, other than those required in connection with swimming pools, whether structures, or living in the form of vegetation, may be permitted, subject to the issuance of a license by the board of trustees. The board of trustees finds and determines that fences should neither be permitted nor prohibited generally and that because of varying conditions adequate guidelines cannot be established for delegated administrative action by the board of appeals. Accordingly, action on applications for permission to erect, plant or grow fences shall be legislative by nature. Applications may be submitted to the village clerk in letter form, but must be accompanied by a plot plan showing location on the premises, and an elevation or elevations showing the height or heights, including in the case of a living fence, the maximum height to which it is proposed to permit growth, and may be accompanied by an acknowledged consent of the adjacent property owner or owners. The Board of Trustees will determine whether the fence is appropriate for the property and area in question. The Board of Trustees after review and approval shall then refer the matter to the Board of Architectural Review for review and approval of the dimensions and materials utilized in the construction of the fence, whether living or structural.
2. Applications for all fences, whether structural or living including fences for pools, tennis courts, and gardens, are also subject to approval by the Architectural Review Board provided herein.
ARTICLE IV (continued)
Section 4-422 Tennis Courts, Pools, and Outdoor Sports and Entertainment Areas
Tennis courts, pools, basketball courts and any other outdoor sports areas, and outdoor entertainment areas such as porches, decks and patios shall have front yard, side yard and rear yard setback requirements of not less than seventy-five feet. The Board of Trustees finds that the noise created by the activities in the above areas has a severe negative impact on the neighboring properties if the areas are located less than seventy-five feet from those properties and negatively impacts the quality of life and welfare of the neighboring residents and the value of their property and of the other residents of the Village.
ARTICLE IV ( continued)
Section 4-424 Driveway Construction
Driveways shall not be constructed with visible bituminous asphalt, commonly called blacktop, and gravel or other loose aggregate driveways shall be so constructed to retain such loose aggregate from the public highways of the village, by utilization of an apron or other appropriate retainer. [Ed. Note: Added 4/85]
The entrance and egress of each property to and from the public roadway shall have a surface access apron of a minimum often (10) feet long and six (6) feet wide. This area shall be made of a solid material, such as cement, but not visible bituminous asphalt, commonly called blacktop, as is prohibited above.
ARTICLE IV (continued)
Subsection 4-426 Dish Antennas
Approvals by the Board of Architectural Review shall be required for all dish antennas larger than eighteen (18) inches in diameter whether attached to a building or not. The manner and procedure of application and approval for all dish antennas larger than eighteen (18) inches in diameter whether attached to a building or not shall be the same as for a building permit.
E. Amendments to Article V of Local Law 4 of 1970
ARTICLE V
Section 5-502 Area and Width of Lot
No building or structure shall be erected or altered on a lot having an area of less than three acres or width of less than two hundred feet, not withstanding any other provision of these regulations, without permission of the Zoning Board of Appeals.
Section 5-504 Depth of Lot
No building or structure shall be erected or altered on a lot having a depth of less than three hundred feet, not withstanding any other provision of these regulation;, without permission of the Zoning Board of Appeals.
F. Amendments to Article VI of Local Law 4 of 1970
ARTICLE VI
Section 6-602 .Area and Width of Lot
No building or structure or a waterfront facility other than a boathouse shall be erected or altered on a lot having less than one and one-half acres or a width of less than one-hundred fifty feet not withstanding any other provision of these regulations, without permission of the Zoning Board of Appeals.
Section 6-604 Depth of Lot
No building or structure or a waterfront facility other than a boathouse shall be erected or altered on a lot having a depth of less than two-hundred feet not withstanding any other provision of these regulations, without permission of the Zoning Board of Appeals.
G. Amendments to Article VII of Local Law 4 of 1970
ARTICLE VII
SECTION 7-718 Demolition; Permit; Application; Fee
A. Demolition Permit; requirement for as a condition to as to demolition, removal or alteration No building, structure or portion of any building or structure shall be
altered, demolished or removed until a permit for demolition, alteration or removal has been issued by the Building Inspector.
B. Demolition Permit; application
I. Every application for a demolition permit shall be made upon a form issued or approved by the Building Inspector. Such application must be accompanied by any information necessary to such application. Any demolition required for alteration or reconstruction or new construction that requires a building permit shall also require a demolition permit.
2. No demolition or removal shall be undertaken until the demolition permit has been approved by the Building Inspector in writing with notice to the Board of Trustees of such approval.
3. No demolition or removal shall be undertaken without full and proper notice to all adjoining property owners and any property owners within 250 feet of the property, even if across a paved roadway, where the demolition, removal or alteration will take place. Proper notice shall be defined as written notice to property owner at the primary address listed on file with the Village Clerk for the purposes of Tax Receivership. Proper notice is further defined as ten (10) business days prior to the date of the proposed demolition, removal or alteration.
C. Demolition Permit; fee Every application for a demolition permit shall include an estimate of the cost of the proposed demolition, alteration or removal of the existing structure or portion of structure. A fee to accompany each application shall be charged based upon the estimated cost at the following rates:
1. If the cost does not exceed $5000 the fee shall be $150
2. If the cost exceeds $5000 but does not exceed $25,000 the fee shall be $250
3. If the cost exceeds $25,000 but does not exceed $75,000 the fee shall be $500
4. If the cost exceeds $75,000 the fee shall be $850
G. Amendments to Article VIII of Local Law 4 of 1970
ARTICLE VIII
Section 8-804 Powers: Variances
In a specific case, after public notice and hearing, and subject to appropriate conditions and safeguards, the board of appeals may determine and vary or modify the application of the regulations herein established, in harmony with their general purpose and intent and so that the spirit of this local law shall be observed, public safety and welfare secured, and substantial justice done.
Notice of the hearing shall be given by publication in the official paper of the Village of Dering Harbor one time not less than nine nor more than twenty five days before the date of the hearing, and by mailing a copy of the public notice of the hearing to the owner or owners of properties any part of which is within two hundred feet of the parcel which is the subject of the hearing.
Applications to the Zoning Board of Appeals must be accompanied by plans which are prepared and certified by, and stamped with the seal of a licensed architect, engineer, and/or surveyor and shall be accompanied by a fully dimensioned site plan and plot plan and a survey by a licensed surveyor showing all elevations of new structures and all affected elevations in the case of additions or alterations.
Where landscaping is pertinent to the proposed variance requested, the Zoning Board of Appeals shall also request a landscaping plan. In such case, the application must be accompanied by a site plan showing both existing trees with a trunk diameter of 12 inches or more at a point 3 feet above the ground level and shall indicate whether such trees shall remain or be removed and/or other topographical features existing or planned including but not limited to all changes in grades and berms.
All applications submitted by or appeared to by anyone other than the
owner of record according to the title of the property, a letter of agency must be submitted and no application will be accepted or reviewed by the Village of Dering Harbor or its representatives if the owner’s representative submitting the application does not also submit or have a letter of agency signed by the owner of record on file with the Village Clerk.
H. Amendments to Article IX of Local Law 4 of 1970
ARTICLE IX
Section 9-900
(3) Non-conformity, other than use. A building or structure that is conforming in use but does not conform to the height, yard or area requirements shall not be considered to be nonconforming within the meaning of paragraphs 1 and 2 of this section. No permit shall be issued, however, that will result in the expansion of the area on the ground of any such non-conformity.
ARTICLE IX ( continued)
Section 9-906 Violations and Penalties; Remedy Not Exclusive
(a) Any person who violates or is an accessory or is necessary to the violation of any provision of this local law, or who fails to comply with any of the requirements thereof, or who erects, constructs, alters, enlarges, converts, moves or uses any building structure or land in violation of any statement made on any application or in the plans and specifications accompanying the same submitted as to any premises and approval, shall be guilty of a violation under the N. Y. Penal Law and shall be punishable by a fine of not more than two hundred fifty dollars
(250) for each violation or offense.
(b) If any person fails to abate any violation within five days after written notice has been personally served on him, or within ten days after written notice has been sent to him by registered mail at his home or business address, and posted in a conspicuous place on any building or structure at any premises which are in violation of any of the provisions of this local law, the Board of Trustees may instruct the building inspector to revoke any building permit or certificate of occupancy for any building or structure on the premises on which such violation occurs and such person shall be deemed to be a disorderly person and subject to a civil penalty of not more than two hundred fifty (250) dollars for each violation or offense and every day that any such violation continues, or exists shall be a separate violation or offense with a separate penalty and fine hereunder recoverable by suit brought by the village and retained by it. These penalties shall be assessed as a tax lien against the property if not paid within thirty (30) days of notification of the violation.
(c) If any person violates the provision of this local law with regard to engaging in any commercial activity the penalty for such activity shall be one thousand dollars (1000) per incident.
(d) Remedy Not Exclusive. The Village of Dering Harbor shall not be precluded from and shall maintain all remedies available to it by law, and the election by the Village of the issuance of violation and assessment of penalties shall not be a waiver of or with prejudice to any civil or other remedy available to the Village.
I. Amendments to Article X of Local Law 4 of 1970
ARTICLE X
Section 10-104 Procedures of the Board
Meetings of the Board of Architectural Review shall be held at the call of the chairman and at such other times as the board shall determine. The board may hold a public hearing when it deems the same to be in the public interest.
Notice of the hearing shall be given by publication in the official paper of the Village of Dering Harbor one time not less than nine nor more than twenty-five days before the date of the hearing, and by mailing a copy of the public notice of the hearing to the owner or owners of properties any part of which is within two hundred feet of the parcel which is the subject of the hearing. A majority of the board shall constitute a quorum for the transaction of business. 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 such fact, and shall also keep copies of its examinations and other 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 chapter governing its procedures and the transaction of its business, and for the purpose of carrying into effect the standards outlined in Section l0-108. Such action to be taken after public hearing and shall be subject to the approval of the Board of Trustees.
ARTICLE X (continued)
Section 10-106 Referrals to the Architectural Review Board
As soon as is practicable and in any event within 3 business days after determining that an application for a building permit for the construction, reconstruction, or alteration of any building or structure complies with all provisions of this code other than this article or other applicable codes or regulations the Building Inspector shall transmit to each member of the Board of Architectural Review a copy of any such application which comes within either of the following categories:
(a) Construction of any new building or structure
(b) An addition or reconstruction or alteration of any existing building or structure in such a manner as to change substantially the exterior character and appearance of the building or structure
(c) All fences, whether structural or living, including but not limited to Fences for pools, tennis courts and gardens. [Ed. Note: Added 1/1 #1, 85]
(d) The Building Inspector shall not transmit any application to the Architectural Review Board until it has been fully approved by the Building Inspector as having met every provision of this code other than this article. If approval of the Building Inspector is pending or a variance from the Zoning Board of Appeals is required for any part of the application then the application shall not be submitted to the Architectural Review Board until all such required approvals have been issued.
(e) In the event the Board of Architectural Review receives an application from the Building Inspector that has not been fully approved as having met every provision of this code other than this article, the Board of Architectural Review at a regular meeting or at a special meeting called by the chairperson or acting chairperson the Board of Architectural Review may make a determination that the application has not been fully approved and return the application to the Building Inspector until such time as all approvals have been met.
(f) Applications must be accompanied by plans which are prepared and certified by, and stamped with the seal of a licensed architect, engineer, and/or surveyor and shall be accompanied by a fully dimensioned site plan and plot plan and a survey by a licensed surveyor showing all elevations of new structures and all affected elevations in the case of additions or alterations. The site plan submitted shall show both existing and proposed contours at 5 foot intervals, all existing trees with a trunk diameter of 12 inches or more at a point 3 feet above the ground level and whether such trees shall remain or be removed and/or other topographical features existing or planned including but not limited to all changes in grades and berms.
(g) All applications submitted by or appeared to by anyone other than the owner of record according to the title of the property, a letter of agency must be submitted and no application will be accepted or reviewed by the Village of Dering Harbor or its representatives if the owner’s representative submitting the application does not also submit or have a letter of agency signed by the owner of record on file with the Village Clerk.
ARTICLE X (continued)
Section 10-108 Standards for Architectural Review Board Action
Approval of any building permit shall be by a vote of a majority of the members of the Board of Architectural Review.
In considering an application for a permit the Architectural Review Board shall take into account natural features of the site and surroundings, exterior design and appearances of existing structures, and the character of the district and its peculiar suitability for particular purposes, with a view to conserving the values of property encouraging the most appropriate use of land.
The Architectural Review Board may approve any application referred to it upon finding that the building or structure for which the permit was requested if erected or altered in accordance with the submitted plan would be in harmony with the purpose of this article, would not be visually offensive or inappropriate by reason of poor quality of exterior design or materials, monotonous similarity or striking visual discord in relation to the sites or surroundings, would not mar the appearance of the area would not impair the use, enjoyment and desirability and reduce the values of properties in the area, would not be detrimental to the character of the neighborhood, would not prevent the most appropriate development and utilization of the site or of adjacent lands and would not adversely effect the functioning economic stability, prosperity, health, safety and general welfare of the entire community. In approving any application the Architectural Review Board may impose appropriate conditions and safeguards, designed to prevent the harmful effects set forth in section 10 I00.
The Architectural Review Board may disapprove any application for a
permit, provided that the board has afforded the applicant an opportunity to confer upon suggestions for change of the plan, and provided that the board finds and states that the structure for which the permit was requested would, if erected or altered as indicated, provoke one or more of the harmful effects set forth in section 10-100 by reason of:
a. monotonous similarity to any other structure or structures or proposed to be located on the same street or a comer thereof and within 250 feet of the site of the structure for which a building permit is requested, in respect to one or more of the following features of design and appearance:
1. substantially identical facade, disregarding color
2. substantially identical size and arrangement of either doors, windows, porticos, porches or garages, or other openings, or breaks or extensions in the facade, including reverse arrangements, or
3. other substantially identical features such as, but not limited to, setbacks from street lines, heights, widths and lengths or elements of the building design, and exterior materials and treatments;
a. striking dissimilarity, visual discord or inappropriateness with respect to other structures located or proposed to be located on the same street or a comer thereof and within 250 feet of the site of the structure for which a building permit is requested, in respect to one or more of the following features of exterior design and appearance:
1. facade, disregarding color
2. size and arrangement of doors, windows, porticos, porches or garages, or other openings, breaks or extensions in the facade, or
3. other significant design features such as, but not limited to heights, widths and lengths of elements of design, exterior materials and treatments, roof structures, exposed mechanical equipment, service and storage areas, retaining walls, landscaping, signs, light posts, parking areas and fences, service and loading areas;
a. Visual offensiveness or other poor qualities of exterior design or materials, including without limitation, considerations of the harmony or discord of colors, or incompatibility of the proposed structure with existing structures in the Village or with the terrain on which it is to be located, including but not limited to excessive divergences of the heights or levels of any part of the structure from the grade of the terrain.
b. The Architectural Review Board shall maintain the desirable character of the Village and disapprove the construction, reconstruction, alteration and development of buildings that are designed without consideration of the harmonious relation of the new or altered building to such buildings as already exist and make up the identity of the community.
c. The Architectural Review Board shall maintain the identity and
heritage of the community of the Village of Dering Harbor in its review and decision-making process. The identity of the community of the Village of Dering Harbor is founded on its past; and the historic, architectural, cultural and natural resources of the community of the Village of Dering Harbor constitute its heritage.
d. It is the purpose of the Architectural Review Board to preserve and enhance the character, history, historical interest, beauty, general welfare and property values of the Village of Dering Harbor.
ARTICLE X (continued)
SECTION 10-114 Appeal
Any applicant aggrieved by the action of the Board of Architectural Review in disapproving an application for a building permit and the denial of the permit by the Building Inspector because of such disapproval, may request in writing the issuance of formal findings of fact by the Architectural Review Board. The Architectural Review Board shall make such findings of fact within 30 days of the date the written request is filed in the Village Clerk’s office, by mailing a copy of such findings of fact to the applicant within that period by certified mail. The applicant shall be provided the opportunity to answer the findings of fact of the Architectural Review Board by the submission of formal proof which shall be filed with the Village Clerk within 30 days of the date of the mailing of the findings of fact to the applicant. Upon the filing of an answer with the Village Clerk within thirty days of the mailing of the findings of fact, the Board of Architectural Review shall reconsider the proposed application and the answer to the findings of fact at a public hearing which shall be noticed pursuant to this article. If the application is disapproved after such reconsideration, the applicant may bring a proceeding to review in the manner provided by Article 78 of the Civil Practice Law and Rules in a court of record on the ground that such action is illegal in whole or in part. Such proceeding must be commenced within 30 days after the filing in the office of the Village Clerk of the decision of the Architectural Review Board after its reconsideration of the application. If no answer to the findings of fact is filed with the Village Clerk in writing within thirty (30) days of the mailing of findings of fact to the applicant the opportunity for reconsideration will be deemed unavailable and no further remedy may be taken.