The Town Board hereby finds that excessive uniformity,
dissimilarity, inappropriateness or poor quality of design in the
exterior appearance of buildings or other structures erected or altered
can adversely affect the desirability of the immediate and neighboring
areas and, by so doing, impair the benefits of occupancy of existing
property in such areas; impair the stability in value of both improved
and unimproved real property in such areas; prevent the most appropriate
development and use of such areas; produce degeneration of property
in such areas, with attendant deterioration of conditions affecting
the health, safety, comfort and general welfare of the inhabitants
thereof; and contribute to the diminution of the taxable value of
real property in such areas and their ability to support municipal
services provided therefor. It is the purpose of this article to prevent
these and other potentially harmful effects resulting from such unattractive
exterior appearance of buildings and other structures erected or altered
and thus to promote the public health, safety and welfare; to conserve
the value of buildings; to encourage the most appropriate use of land;
and to improve the physical and visual appearance of the Town.
The Architectural Review Board shall consist
of five members. Such members shall be specially qualified, by reason
of training or experience in art, architecture, landscape architecture,
community planning, land development, real estate or other relevant
business or profession, to judge the effects of a proposed building
or structure or alteration thereof upon the desirability, property
values and development of surrounding areas. At least one member of
such Board should be a registered architect. The members of such Board
shall be appointed for specific overlapping terms, and the Chairman
thereof shall be designated by the Supervisor. Their successors shall
be appointed for a term of three years from and after the expiration
of the terms of their predecessors in office. If a vacancy shall occur
otherwise than by expiration of term, it shall be filled by the Supervisor
for the unexpired term. The Town Board shall have power to remove
any member of the Architectural Review Board for cause and after public
hearing. The Supervisor shall designate a Secretary of the Board,
who need not be a member of the Board and who shall serve at the pleasure
of the Supervisor.
All meetings of the Architectural Review Board
shall be held at the call of the Chairman and at such other times
as such Board may determine, but a meeting shall be held within 30
days of the date of any application or referral to it. Such Board
shall keep minutes of its proceedings, showing the vote of each member
upon every question or, if any member is absent or fails to vote,
indicating such fact and shall also keep records of its examinations
and other official actions. The Board shall have the power from time
to time to adopt, amend and repeal rules and regulations, consistent
with this chapter, governing its procedure and the transaction of
its business. Every rule and regulation, every amendment or appeal
thereof and every order, requirement, decision or determination of
the Board shall be filed in the office of the Board.
Three members of the Board shall constitute a quorum for the transaction of business. The Board may disapprove construction, pursuant to §
215-117C of this article, only by unanimous vote of those acting upon the matter but in no case fewer than four members.
In examining plans or proposals, the Architectural Review Board shall make recommendations as to approval or disapproval of any installation or construction which would cause or contribute to one or more of the harmful effects set forth in §
215-113 of this article by reason of:
A. Excessive dissimilarity or inappropriateness in relation
to any other structure existing or for which a permit has been issued,
or to any other structure included in the same permit application,
facing upon the same or intersecting street and within 500 feet of
the proposed new structure, in respect to one or more of the following
features: cubical content, gross floor area, building area or height
of roof or other significant design features, such as materials or
style of architectural design.
B. Excessive similarity to any other structure existing
or for which a permit has been issued, or to any other structure included
in the same permit application, facing upon the same or intersecting
street and within 500 feet of the proposed new structure, in respect
to one or more of the following features of exterior design and appearance:
apparently identical front, side or other elevations visible from
a street; substantially identical size and arrangement of either doors,
windows, porticos or other openings or breaks in the elevation facing
the street, including reverse arrangement; or other significant identical
features of design, such as but not limited to materials, roof line,
height or other design elements.
[Amended 11-10-1992 by L.L. No. 5-1992; 6-8-1999 by L.L. No. 7-1999]
The Architectural Review Board shall have 45 days in which to act upon a matter before it. Such time limit shall be measured from the date of the meeting at which the Board receives an application under §
215-117C. Such time limit may be extended by mutual agreement with the applicant. Failure to act on the part of the Board within the time limit specified, or as may be extended, shall be deemed to constitute approval or recommendation for approval, as the case may be.
For any matter referred to it for review and recommendation pursuant to §
215-117A and
B, the Architectural Review Board shall act upon the application in the form as referred to it by the approving agency. For matters pursuant to §
215-117C, the applicant shall submit preliminary architectural plans showing at least the location and dimensions of proposed structures, as well as exterior elevations and materials to be used.
Any person aggrieved by an action of the Architectural
Review Board in approving or disapproving an application before it
may take an appeal therefrom to the Board of Appeals.