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Historic panel says fences fall under its authority; board to memorialize practice
Summary
Commissioners reported that corporation counsel advised the Historic Preservation Commission that fences are covered by the code's definition of "structure," and members discussed how to memorialize that practice and notify applicants going forward.
The Ossining Historic Preservation Commission learned that corporation counsel believes the village code's definition of "structure" gives the commission authority to review fences in the Sparta Historic District, and members agreed they should document that practice going forward.
A commissioner summarized the legal guidance: counsel "now believes that you do, in fact, have the ability to regulate fences," and therefore no immediate change to the code would be necessary, the commissioner said. Members discussed how to handle applications already processed (the consensus: no retroactive action for past permits) and focused on setting clear triggers and notice mechanisms so future visible exterior work is flagged for commission review.
Commissioners debated whether to maintain a running list of items that require certificates of appropriateness or to rely on permit triggers from the building department and email notifications. One member cautioned that an overly prescriptive list can become outdated; another suggested rules language and a short FAQ on the commission website as a practical first step. The commission agreed the staff member would draft proposed language and return with it at the September meeting.
