Historic Preservation Introduced

by Suzanne S. Kulp

Orchard Park's collective past is embodied in buildings, sites, and objects. These historic resources are a tangible link to people and events that have shaped our lives, to builders who created our architectural legacy, and to ways of life almost forgotten. The Historic Preservation Board strives to strengthen the Town's economic base by enhancement of our aesthetic qualities, to foster continued economic development, to provide financial incentive for landmark rehabilitation, to improve property values community-wide, and to preserve our architectural legacy for posterity.

Preservation has become public policy in the Town of Orchard Park, just as zoning and assessment is public policy. Zoning alone can’t protect the community’s historical integrity and distinctive, unique character of it’s structures. The Town passed an Historic Preservation ordinance as they felt it is in the best interest of the whole community. People don’t just opt out of zoning and assessment arrangements because they want to. That would amount to policy nullification by personal fiat, and where would that leave the rest of us? Likewise, in preservation, one person’s interests do not outweigh the interests of the entire community.

How does the process work? In order to preserve our architectural legacy and the history incorporated within it, the Historic Preservation Board initiates a landmarking process, sometimes at the request of interested property owners. Pertinent information with regard to age, architectural style, history, etc., on the structure or site are collected and presented at a Town Board hearing. The basic standards of fairness, or due process, are employed in the presentation of opposing and favoring views. It must be noted that in the event the owner objects to designation, the Board must weigh several factors: 1) will designation cause a hardship to the owner, 2) is the owner’s objection more important than the historical, educational, cultural, architectural, and/or economic value of the property to the community, 3) will yielding to the owner’s objection adversely affect the preservation and protection of the heritage represented by the structure or site, and 4) how will their decision serve the public welfare and sense of community identity now, and in the future. The actual designation of a nominated structure or site is a legislative act by the Town Board. Once a property is landmarked, the process of applying for preservation grants and tax credits/abatements can begin for various property preservation projects.

There is a robust market for preservation nationally, and our purpose is to foster its ability to operate here to the advantage of all of us. We will know preservation is working when it saves a legacy, puts smiles on people’s faces and money in their pockets. There is no hidden agenda. What you see is what you get. It is a win-win situation for everybody across the board, except those who would profit at the expense of the rest of us.

Preservation stabilizes declining market values. Preservation sells, and not just because some buyers appreciate historic settings. Buyers are aware that historic designation signifies the presence of a whole mix of positive factors - social, economic, political and cultural - that make living or working there desirable. They recognize the stability and strength of property values, too. Tony Felice, preservation officer for Mesa, AZ, says that “When a home is designated as historic, we’ve seen an increase in property values from 30 to 35%, often without even doing anything to the house.”

Most folks have a mountaintop view of history, basically consisting of the big-event stories we all learned in American History class. They see only those events and places that have risen above the lower hills and valleys of the past where our own local legacy was built. One of the things that preservationists do well is to open people’s eyes to the history in their midst.

Local opponents of historic preservation designation charge it is a violation of their freedom to exercise basic constitutional property rights, “I don’t want the government as my partner. [I have] my right to own my own home without government as my co-owner.” Property rights aren’t absolute, and they don’t trump our basic political rights - including our right as free citizens to make laws about property. The Founding Fathers knew that.

In 1978, the United States Supreme Court heard a case involving Grand Central Station in New York City. Their landmark decision became a basis for Historic Preservation: the preservation law does not interfere in any way with the present use of the building, its designation as a landmark not only permits but contemplates that the owner may continue to use the property precisely as it has been used for the past many years, and it permits the owner not only to profit but also to obtain a “reasonable return” on his investment. The application of the law does not constitute a "taking" of property within the meaning of the Fifth Amendment as made applicable to the States by the Fourteenth Amendment. It is apparent that in the spirit of our democracy, owners of venerable historic private properties are specially burdened with the task of preserving the heritage of the larger society.

The owner of a landmarked property may make additions to the building, as long as they conform to the architectural style of the building. The property can be sold at anytime. Landmarking does not preclude zoning changes.

Recently, a small older house on South Buffalo Road just north of Nativity Church, was razed to make way for a larger, new house. In the Town of Orchard Park, real property which meets the landmark criteria, and is altered or rehabilitated, is exempt from real property and ad valorem levies to the extent of that increase in real property tax or levy which is a result of such alteration or rehabilitation. The exemption, scheduled over 10 years, is 100% for years 1 through 5, 80% for year 6, 60% for year 7, etc. As an example, if the subject house had been in the Township and met landmark criteria (we know it met the age criteria), and the owner had decided to keep the original house exterior intact, but add a major conformable addition, there would have been no tax levy on the addition for the first 5 years, year 6 it would be 80% exempt, etc.

Historic preservation is silent on remodeling the interior of a property, unless it is a “public place,” but what happens outside, in the public view, is not private. You are the only one who has to live with your actions inside your front door, but outside everyone does, hence there are laws with regard to boat, trailer, motorhome, and debris storage outside of buildings, fences, swimming pools, etc. Opponents of preservation often have a very shallow concept of government, seeing it only in self-serving terms of restraining their freedom. But Thomas Jefferson affirmed in the Declaration of Independence that we freely create governments to do our bidding, to serve purposes that we join together to achieve. Government assists our civilized cooperation far more than it thwarts us.

Make no mistake: we’re either going to have the community we earn by working together - or the one we deserve by failing to act. This isn’t about you or me in particular. It’s about how we can secure our community’s future. We need everyone’s support for the kind of community we wish to pass on to the next generations.

Let’s be proactive about the kind of community that we - all of us - want to maintain, instead of just letting things happen. Doing nothing is far more likely to lead where none of us wants to go.

Once historic resources are lost through bad decisions, they can ever be recouped , the damage done to the rest of us can’t be repaired, we lose our community identity and become just another dot on the map. Preservationists encourage growth that respects the past, and welcome new choices that stimulate growth in the local economy and improve our quality of life. That’s real progress and preservation is an inseparable part of the process.

Ref: William E. Schmickle’s, “The Politics of Historic Districts,” Bradford J. White & Paul W. Edmondson’s “Procedural Due Process in Plain English: A Guide for Preservation Commissions,” James A .Coon’s “Legal Aspects of Municipal Historic Preservation,” Wikipedia on-line encyclopedia re: Supreme Court decision (http://en.wikipedia.org/wiki/Penn_Central_Transportation_Co._v._New_York_City)