Sample Letter Sent To Targeted Building Owners
May 13, 2021
VIA CERTIFIED MAIL
[Property Owner's Mailing Address]
Re: Notice of Public Hearing
Property Proposed for Historic Landmark Designation- City of Beacon
Dear [Property Owner]:
The City of Beacon is considering designating multiple properties along Main Street in Beacon as historical landmarks to be included in the City’s Historic District and Landmark Overlay Zone (“HDLO”) and has proposed including your property located at 246 Main Street. A copy of the historic resource inventory form describing your property is attached. A remote public hearing to discuss the proposed designations is scheduled for 7:00 p.m. on June 7, 2021, which you can participate in through the following link: https://bit.ly/2Qc4Yhd
You are invited to attend to present any comments or information you would like considered by the City Council or submit them prior to the public hearing to publichearing@beaconny.gov or by mail to HDLO Public Hearing, City of Beacon, 1 Municipal Plaza, Beacon, NY 12508. Any objection to the proposed designation must be submitted in writing prior to the public hearing.
Designation of Historic Landmarks
On June 7, 2021, the City Council will hold a public hearing to receive comments on its proposal to designate your property as a historic landmark pursuant to Section 134-4 of the Code of the City of Beacon (the “City Code”). The City Council, property owners and any interested parties may present comments or documentation at the public hearing which will become part of a record regarding the historic, architectural, or cultural importance of the proposed landmark.
In determining whether to designate a new historic landmark, the City Council shall consider any comments or information presented prior to and during the public hearing to determine whether the proposed landmark meets one or more of the following criteria:
Has distinguishing architectural characteristics of a period, style, method of construction, indigenous materials or craftsmanship;
Has special character or historic or aesthetic interest or value as part of the cultural, political, economic, or social history of the community;
Is eligible for inclusion on the State or National Registers of Historic Places.
The City Council is required to make a decision within 60 days of the conclusion of the hearing. A super majority vote of five (5) Council members is necessary to designate a new historic landmark if the property owner objects to such designation.
Benefits of Historic Designation
Landmark designation results in an honorary status for a historic building, imposes certain measures of protection on the building to prevent incompatible development, and offers other benefits for the property. For example, additional uses are permitted by special permit from the Planning Board in the HDLO pursuant to Section 223-24.7 of the City Code (primarily beneficial in residential districts). Such uses include (a) specialized business uses of low traffic volume, normally associated with history, the arts or cultural uses, appropriate to the structure and compatible with the neighborhood, and (b) residential, hotel or professional uses, provided they are appropriate to the structure, compatible with the neighborhood and are located on a street that can accommodate increased traffic as determined by the City Council.
In accordance with New York State Real Property Tax Law Section 444-a and Section 199-10 of the City Code, if you alter your property to restore or rehabilitate a historical feature, and the project results in an increase in assessed property value, you may be entitled to a phased tax exemption from the portion of your property taxes attributed to the increased assessment.
In certain instances, you may also be eligible for historic preservation grants, such as the Johanna Favrot Fund for Historic Preservation, the Cynthia Woods Mitchell Fund for Historic Interiors, or the New York State Environmental Protection Fund.
Certificate of Appropriateness
If your property is a designated historic landmark, applications for a building permit involving alteration, construction, or demolition of an exterior identified historical feature that is visible from a public street, public sidewalk or public park on a designated historic landmark or property shall require certificate of appropriateness approval from the Planning Board. In reviewing an HDLO application and plans, the Planning Board shall consider the factors outlined in Section 134-6.C of the City Code. The certificate of appropriateness required under Chapter 134 of the City Code is in addition to, and not in lieu of, any building permit. Additionally, any sign application involving an HDLO parcel requires review by the Planning Board, not the Building Inspector.
An applicant whose certificate of appropriateness has been denied may apply to the Zoning Board of Appeals (“ZBA”) for a certificate of economic hardship to obtain relief from the requirements of Chapter 134 of the City Code. In order to obtain a certificate of economic hardship, the applicant must demonstrate the existence of economic hardship by establishing:
The property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible; and
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
Efforts to find a purchaser to acquire and preserve the property have failed.
The ZBA will take into consideration the economic feasibility of alternatives to removal, alteration or demolition of a landmark or portion thereof, and balance the public interest in preserving the historic landmark, or portion thereof, and the interest of the owner in removing, altering or demolishing the landmark or portion thereof. An applicant will not be charged an application fee, professional review fees, or fees to prepare and publish any public notice incurred in connection with the certificate of appropriateness or economic hardship application, except for any fees associated with another land use application concerning the historic property.
Central Main Street Design Standards
All currently nominated properties are located in the Central Main Street (“CMS”) District, which already requires site plan review by the Planning Board for significant exterior building changes. When considering any application in the CMS District, a site development plan application, or special permit, pertaining to a designated historic property, the City Council or Planning Board shall also consider the standards set forth in Section 134-7 of the City Code. Such standards are similar to the general design standards in the CMS District and include:
The design, character, and appropriateness to the property of the proposed alteration or new construction.
The scale and height of the proposed alteration or new construction in relation to the property itself, surrounding properties, and the neighborhood.
Architectural and site elements and their relation to similar features of other properties in the HDLO.
The design standards in the CMS and Historic Preservation articles are intended to protect designated historic buildings from incompatible development on adjacent parcels. For proposed buildings on CMS parcels in the HDLO, abutting an HDLO parcel, or having a property line frontage directly across the street from an HDLO parcel, any fourth-story or corner tower shall require a special permit from the City Council, not the Planning Board. Furthermore, the Planning Board may, at its discretion, reduce certain on-site parking requirements for projects located in the CMS district that involve a designated historic property (see City Code § 223-41.18 G(3)). The Planning Board may also waive setback requirements for certain designated historic properties in the CMS district (see City Code § 223-41.18 J(15)).
We hope you will join us for the public hearing at 7:00 p.m. on Monday, June 7, 2021 and/or submit any comments you might have prior to the hearing. If you have any questions regarding this process, please do not hesitate to contact me at publichearing@beaconny.gov.
Sincerely,
Christopher White
City Administrator
Encl.
