[Amended 4-4-2005 by L.L. No. 2-2005]
There is hereby created an Architecture and Community Appearance
Review Council (ACARC) which shall consist of five members, who shall
be residents of the Town of Lewisboro, and who shall serve without
compensation, and who shall be specifically qualified by reason of
training or experience in a relevant business or profession or by
reason of civic interest and sound judgment to assess the effects
of a proposed structure or the alteration or demolition of a structure
upon the property values and development of surrounding areas. Two
members of the Council shall be licensed architects. The members of
the Council shall be appointed by, and the Chairman thereof shall
be designated by, the Lewisboro Town Board. Each member shall be appointed
for a term of three years. Vacancies shall be filled by the Town Board
for the unexpired term of any member whose seat has become vacant.
[Amended 4-4-2005 by L.L. No. 2-2005; 5-6-2013 by L.L. No. 6-2013]
Regularly scheduled meetings of the ACARC shall be held monthly
and at such other times as the Chairman shall designate. A majority
of the Council (three members) shall constitute a quorum for the transaction
of business. The ACARC shall keep minutes of all its proceedings.
Any decision or recommendation made by the ACARC must have the approval
of a majority (three) of the members of the Council and shall be officially
filed along with pertinent data upon which such decision or recommendation
was based with the referring board or department within 45 days of
the Council's receipt of the referral. In decisions of conditional
approval or in recommendations where changes or modifications to any
submission are required or recommended, the Council's report shall
set forth the specific changes required or recommended and the reasons
for the same. After having referred an application for a building
or land development permit to the ACARC, the referring board or department
shall take no final action prior to receiving and considering the
recommendations of Council. Failure of the ACARC to report within
45 days shall be deemed to be a recommendation for approval of the
application. The ACARC may request any applicant to appear.
The Building Inspector shall refuse any permit application disapproved by the ACARC under provisions of §
7-3A above. The Building Inspector may approve any application conditionally approved by the Council as soon as the condition(s) specified in such conditional approval has been fulfilled. If the Council shall have approved any building permit application, then the Building Inspector may forthwith issue the permit as applied for. The Building Inspector may issue a permit as applied for in the case of any building permit application referred to the Council and upon which the Council has failed to act within 45 days of such referral.
Any person aggrieved by the action of the ACARC in disapproving
a building permit application and/or of the Building Inspector in
denying such permit because of such disapproval may take an appeal
to the duly constituted Board of Appeals in the same manner as is
provided for zoning appeals. Such Board of Appeals, after proceeding
in the same manner as is provided for zoning appeals and with the
same power and authority therein vested in passing upon appeals before
it under the provisions of law and in the exercise thereof, may reverse
or affirm or modify and affirm the action of the ACARC and/or of the
Building Inspector.