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Mineola Mayor Jack M. Martins and the board of trustees are considering changes to the village's architectural review law, which, in some cases, has become too cumbersome on residents wanting to make improvements to their homes. If the changes are adopted as expected, the law will become less stringent and yet maintain its spirit, which is to preserve the architectural characteristics of neighborhoods in the village.

The purpose of the law, which was enacted a few years ago when John P. Colbert was the mayor, was to encourage good qualities of exterior building design, preserve the prevailing aesthetic character of a neighborhood and assure that the design and location of any proposed structure or the addition, alteration or reconstruction of any existing structure is in harmony with the existing neighborhood.

In essence, the law sought to preserve the aesthetic look of a neighborhood by requiring anyone with an application to alter the look of the exterior of a structure to submit to architectural review.

Those seeking to make any type changes to the front of their homes would have to submit plans to the architectural review board, which is also the planning board. The planning board would then listen to any applications having to do with signs in commercial areas, changes in fencing that affected the front of a home, changes in windows such as changing a window from a double hung to a bay window, changes in porches and anything else that changed the look, even if slightly, the front or sides of a home. Even such minor things as changing shutters and changing the siding of the house or the building would be subject to architectural review.

While applications mounted, residents, in some cases, waited months for a decision from the architectural review board, just to make a minor change or improvement to their homes. If that wasn't bad enough, applications were subject to a $500 fee.

"The problems came up when we got into the minutia, when we started dealing with porches, front stoops and the like," Mayor Martins said.

The village board, in September 2002, recognized a problem with the architectural review law and instituted a moratorium on the architectural review law so that the law was not enforced during the moratorium. The moratorium was extended twice. It is due to expire on July 31. Mayor Martins, therefore, wants to get the issue of architectural review cleared before the moratorium expires. "It's time we came to terms with how we are going to handle this particular law," he said. "The law in my opinion was overbroad. It needed to be limited. We were actually hurting village residents by the way it was being implemented."

Although Mayor Martins is concerned with the way the present law appeared to be too cumbersome on residents wanting to make improvements to their homes, he does believe that some changes should be subject to architectural review such as significant changes to a home or signs for new businesses in the village.

An example of a positive way in which the law worked is the new Subway on Mineola Boulevard. Because of the architectural review law, instead of Subway having a bright yellow sign, it installed a green sign, which is more aesthetically pleasing for Mineola Boulevard.

Also, the law can be positive in the case of residential neighborhoods since it could prevent a different type of house being built in a neighborhood where it might not necessarily fit in. The law also enables the planning board to review applications in which there would be a significant alteration to a home so that it would no longer fit in with the rest of the homes in a neighborhood.

However, the village board must decide how much control it should have over residents wanting to make changes to their homes as well as new businesses coming in to the village.

Mayor Martins, Deputy Mayor Larry Werther and Trustee Linda Fairgrieve believe that the village should have an architectural review law. However, they also agree that the current law is too restricting for residents who simply want to improve their homes. Therefore, the board is considering altering the village's architectural review law so that architectural review by the planning board would only apply to the following:

* All applications for the construction of any new building or structure.

* All applications for alterations or additions in which the roof line of a structure is altered.

* All applications that change the gross floor area of a structure by more than 20 percent.

* Any changes to a commercial property that affects the front of the property.

* With regard to businesses putting up signs, the board may consider creating some sort of uniformity by setting a default for signs. In essence, the board would set guidelines in terms of the types of signs and colors of signs businesses are able to put up. As long as a sign is within those guidelines, it can be put up. If a business chooses to try to put up a sign that is not within the guidelines or an awning instead of a sign, it would be subject to architectural review.

Also, village building superintendent Dan Whalen could recommend an application for architectural review.

Mayor Martins, Deputy Mayor Werther and Trustee Faigrieve feel that by applying these conditions, the spirit of the law would still be in tact while making it a lot less cumbersome for residents making improvements and businesses putting up signs since residents making only minor improvements such as changing their shutters or windows would not have to be subject to architectural review.

"I've always been one to say that I do not want to put undue burdens on the residents of this village," said Werther, adding of the changes in the law that "it protects our right to protect the aesthetics of the village to make sure that not only the homes but the businesses in this village meet a certain standard."

"I feel that we have to change the original law. The difficulties were evident after a while. We need an architectural review law. Years ago, there was a whole ruckus. People were building high ranches in the middle of colonials and that type of thing. We definitely need community and neighborhood character," said Fairgrieve.

The board will continue to discuss changes to the architectural review law. Since Trustees Lou Santosus and Steve Franzini could not be present for the hearing, no vote was taken on the changes. Also, the board is still accepting public comment, which can be made in writing or at the August public meeting. The board expects to vote on changes to the architectural review law on August 20. The board did vote, however, to extend the moratorium on the enforcement of the law from July 31 to August 21. However, even during the moratorium, any changes to roof lines would still be subject to architectural review.

After a two month search for a new village clerk to succeed Lou DiDomenico, who left earlier this year, Mayor Jack M. Martins with the approval of the village board hired Michael Arens as the new clerk. "Michael bring a long history of work in government. His resume is distinguished and his references are impeccable," said Mayor Martins.

Ahrens' most recent job was working for Senator Charles Fuschillo in a public relations capacity. Ahrens also served as chief of staff for Michael Balboni when Balboni was assemblyman.

If you are awakened up early in the morning by commercial landscapers, be advised that no commercial landscapers are allowed to work in a residential neighborhood between 8 p.m. and 8 a.m. on any day.

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