How OHPC operates

Dear Editor,

The Village Board has received quite a few complaints and comments recently about the Owego Historic Preservation Commission (OHPC). The issue being brought to us repeatedly as of late is the “selective and sometimes punitive manner” under which some feel that OHPC operates and issues decisions. This is not a new issue as it has been an ongoing one for many years and before many Village Boards.

Recent events have once again brought forth homeowners asking for relief from the current OHPC system, which often makes it hard for people to afford to invest in the upkeep of their properties or to even want to purchase vacant historic properties in the Village.

While the Village Board (both this current one and past Boards) has resisted calls to abolish the OHPC, these recent events along with homeowner frustrations can’t be ignored any longer. OHPC has been a hindrance in getting even minor projects completed such as repainting homes from an approved historic chart of colors, or replacing a failing porch railing system with like materials and profiles, or being forced to rebuild high maintenance wooden doors on a garage when many products exist that simulate wood but withstands the weather more efficiently.  

During a recent board meeting a homeowner again asked, “Why the OHPC gets to decide the color of our house which we bought to enjoy and can’t select the colors that please us.” It is a fair question but one that unfortunately has a simple answer; previous Village Boards gave authority to OHPC and until it is changed it will remain so. Past boards may not have anticipated that granting such powers could become dictatorial or heavy handed at times.

This Village Board, as well as past Boards, has often been petitioned to abolish the OHPC but has ultimately resisted, as we believe OHPC can be a valued partner in our goals of keeping the village buildings in a habitable and productive status. The goal for any municipality is to maintain or strengthen our tax base to help fund our Village services. The more properties we get back on the tax rolls will ease the overall tax burden for all. Some historic properties have even gone into foreclosure then sat for months or years while falling into disrepair. While these properties are marketed for sale they receive very little interest from buyers in part because of a fear of the byzantine and restrictive rules of OHPC.

By way of background, Chapter 126 of the village charter, which governs OHPC, was instituted in 1994 in an effort to preserve the historic character of Owego’s Historic District. This law closely conforms to guidelines promulgated by the New York State Historic Preservation Office (SHPO). It requires that the village maintain Certified Local Government (CLG) status from SHPO by empowering a commission to oversee this district. This commission, of unelected individuals, has broad authority to manage the tiniest of details and in many cases deny changes sought by homeowners to properties within the Historic District. The law, while well intentioned, has, in many cases, served to discourage investment in historic properties because of the onerous and often subjective restrictions it has placed on homeowners and potential buyers. 

This Village Board has heard the requests to abolish the OHPC but is instead offering what we believe to be a workable compromise wherein the core tenants of the Village Charter Chapter 126 remain, along with the commitment to keeping our historic character, while also allowing Historic District homeowners to have a stronger voice. This means that the homeowner’s express wishes will have a stronger voice when it comes to projects or renovations they want to perform on their most prized possession, their homes.  

The changes this board is contemplating would return much of the authority delegated to OHPC, in support of our CLG status, back to Village Code Enforcement and the Village Board. We believe that this will better balance the rights of homeowners to determine the appropriate changes to their properties with our common desire to preserve the historic nature of the village. Making these changes, to return authority to elected officials and employees of the Village, may mean losing our CLG status. But it will not mean that a homeowner will lose any potential tax benefits of SHPO, the benefiting homeowner would simply have to apply directly to SHPO at a state level for certification of planned changes, instead of through OHPC. 

We believe these changes will provide the best of all potential outcomes: they will empower Code Enforcement to approve minor changes; allow our new OHPC Committee to have valued input on major changes; and still allow any homeowner to seek SHPO approval for changes, where that homeowner expects to receive SHPO benefits, by applying directly to SHPO under the same standards by which OHPC is currently guided. 

The current OHPC members and their supporters will argue that our proposal of giving the homeowner a stronger voice in their property is major concern as it diminishes the review authority of the OHPC and strengthens the requirement that the “express wishes” of a property owner be taken into account during landmark designation. This village board does not see it that way as we believe having a stronger voice in one’s property without possible punitive actions against them will encourage more investment in efficient upkeep of properties.

In response to repeat and long-standing requests, the village board is holding a public hearing during the regularly scheduled village board meeting on Oct. 16 at 7 p.m. at the DPW offices located at 20 Elm Street. This public hearing will be for all voices for and against a redefining of the structure of OHPC.

For those who have come to the board or its members about OHPC, now is the time to come forward and defend your positions.

Sincerely,

The Village of Owego Board of Trustees and Mayor May