All new construction has to conform to the Town bulk and use regulations for the zoning area. These include (but are not limited to) regulations on lot area, lot area per dwelling unit, lot frontage and width, height of the building, required yards, floor-area ratio, and the spacing between buildings on a single lot.

Floor area is the sum of the gross horizontal areas of every floor in a building, including basement, attic, roofed porches, etc. Floor area ratio is the floor area in square feet divided by the area of the lot in square feet. For a house in the R 40 zone this means: a minimum lot area of 40,000 square feet, a maximum floor-area ratio of 0.15, a street frontage of at least 100 feet, a minimum 50 foot front yard and back yard, a minimum 30 foot side yard (80 feet total on side yards), and a height of 8 inches per foot from the lot line.

If the plans for a house don’t conform – for example, if the proposed side yard is 22 feet, the street frontage only 40 – variances must be obtained from the Zoning Board before a building permit is given and work can begin. In special situations further permits may be required – where there are wetlands, for example. But the basic questions of the size of a house, its placement on its lot and its relationship to its neighbors, are determined by the Zoning Board regulations.

In the Historic Districts of Palisades and Tappan there is another layer of control. The historic areas are deemed to be of “such historic value, by reason of places, buildings and other objects” relating to the “history and development of the Town of Orangetown from early colonial days through the end of World War I . . .that these areas should be protected.” The bounds of the historic areas take in what is essentially the core of each hamlet /village (in Palisades the northern line of the area cuts somewhat arbitrarily across the former driving range on 9W).A local law was adopted in 1997 to protect these places and buildings and “thereby preserve the overall historic look and character within the Historic Areas for future generations.” The responsibility of interpreting this law is given to the Historic Areas Board of Review, seven citizens from the two historic districts (one of whom must be an architect) appointed by the Supervisor. HABR reports to the Zoning Board, which can overturn any ruling it makes. Enforcement is a matter for the Building Department. HABR’s counterpart outside the historic districts is the Architecture and Community Appearance Board of Reviews [ACABOR] whose parent board is the Planning Board.

In the historic areas, plans for a new house, conforming to the zoning regulations and with any variances that may be needed, still must be signed off on by HABR. The same is true for a new wing, or substantial changes to the outside of the house. Without approval from HABR, a building permit will not be given. (Repairs are different – no permit is needed if a repair or replacement uses the same materials as the existing structure.)

The guidelines are that “proposed changes, additions or new construction shall be in keeping with the existing structure.” New buildings “shall harmonize with surrounding buildings, yet not necessarily recall any historic style.” “Harmonize” is defined as meaning congruity in such things as height, width, position on site, square footage (all of which are addressed by the zoning regulations) and architectural style. On this last point, it is emphasized that “no new structure shall be required to be a copy of any particular style or architectural period.”

Thus HABR’s decisions/suggestions are largely aesthetic – fenestration; materials to be used for siding, roofs and chimneys; the color of roofs, walls, doors and shutters; the style of balusters and railings; the provision of outdoor lighting and so on. Taken individually, such details may seem trivial. But together, and when the end product serves to help preserve the overall character of a place for future generations, they have weight and validity.

The writer is a member of HABR