36 North Clover Street Appeal

COMMON COUNCIL DECLARES TWO SPECIAL MEETINGS TO HEAR AN APPEAL FROM AIA TINKELMAN ARCHITECTURE ON THE DECISION OF THE HISTORIC DISTRICT AND LANDMARK PRESERVATION COMMISSION DENIAL OF CERTIFICATE OF APPROPRIATENESS FOR 36 NORTH CLOVER STREET.

The Common Council is in receipt of a notice of appeal from a decision of the Historic District and Landmark Preservation Commission (HDLPC) dated December 12, 2019. Pursuant to 19-4.5(13) of the Code of Ordinances of the City of Poughkeepsie (the “Code”) any person aggrieved by a decision of the HDLPC with regard to a certificate of appropriateness, may within 30 days of the decision, appeal to the Common Council for review of the Commission’s decision. This section further states the review that shall be conducted based on the same record that was before the HDLPC, using the same criteria.

Please find here a copy of the Record of Appeal which has been settled by the Common Council and which your appeal will be based upon.

THE HEARING PROCESS:

Pursuant to Section 19-4.5(13) the criteria by which the Common Council will consider the appeal is as follows:

  1. Properties which contribute to the character of the historic district shall be retained, with their historic features altered as little as possible;
  2. Any alteration of existing properties shall be compatible with their historic character, as well as with the surrounding district; and
  3. New construction shall be compatible with the district in which it is located.

In applying the principle of compatibility, the Common Council shall consider the following factors:

  1. The general design, character, and appropriateness to the property of the proposed alteration or new construction;
  2. The scale of the proposed alteration or new construction in relation to the property itself, surrounding properties and the neighborhood;
  3. Texture, materials, and color and their relation to similar features of other properties in the neighborhood;
  4. Visual compatibility with surrounding properties, including the proportion of the property’s front facade, proportion and arrangement of windows and other openings within the facade, roof, shape, and the rhythm of spacing of properties on streets, including setback; and
  5. The importance of historic, architectural, or other features to the significance of the property.

The Common Council will hear this appeal at two special meetings called for the sole purpose of either upholding the decision of the HDLPC to deny the applicant a Certificate of Appropriateness or overturn the decision of the HDLPC.

Special Meeting One: Wednesday, September 2, 2020 6:30 PM

The first session will be an opportunity for the Common Council to hear from representatives of the HDLPC and the Applicant regarding their respective opinions. After hearing from both sides, the Common Council will be provided an opportunity to ask questions. Again, these deliberations would be limited to the Record of Appeal.

Topic: 36 North Clover Hearing

Register in advance for this session:

After registering, you will receive a confirmation email containing information about joining the meeting.

Special Meeting Two: Wednesday, September 16, 2020 6:30 PM

The second session will be for the Common Council to “deliberate” and/or explain its determination and to conduct a vote. A simple majority (5 votes) is needed to overturn or uphold the decision of the HDLPC.

Topic: 36 North Clover Decision

Register in advance for this session:

After registering, you will receive a confirmation email containing information about joining the meeting.

Public Participation:

There is no requirement for public participation during an appeal hearing. The public’s opportunity to speak was during the HDLPC meetings and any further comments would be an expansion of the record which is not permitted pursuant to Section 19-4.5(13).

Please contact Chairperson Salem with any questions: [email protected]