The powers of the Board shall include:
A. To review and, where appropriate/give approval or disapproval on applications with respect to all applications for building permits or sign permits as provided in §
5-4A hereof;
B. To ensure compliance with the provisions of Chapter
243 (Signs) and §
290-7.2 (Hamlet Center Overlay Districts); further, provided that if the Board finds that the building or structure for which the permit is applied would, if erected or altered, result in one or more of the harmful effects set forth in §
5-1A hereof by reason of poor quality of design or excessive uniformity, dissimilarity or inappropriateness in relation to any other structure existing in the surrounding area or for which a permit has been issued or to any other structures included in the same permit application, in respect to one or more of the following exterior design features: apparently identical facade; sign and architectural massing of the building, in width and height, in relation to its surroundings; surface material; color; roof appurtenances; exterior construction attached to the building, such as fire escapes, mechanical equipment, utility boxes and the like; location and visibility of utility boxes and platforms; exposed mechanical equipment; service and storage enclosures; or signs or adopt a master sign program, and building lighting, then the Board shall state the basis for its determination in its decision or minutes. The Architectural Historic Review Board shall have no jurisdiction over matters delegated to the Zoning Board of Appeals or Planning Board pursuant to Town Law §§ 267 and 271 et seq., or pursuant to local law;
C. To
review and, where appropriate, give recommendations to the Town Board
with respect to referrals from the Superintendent of Highways, public
bodies, private groups and individuals who desire to plant or remove
trees or shrubs and shall be responsible for the selection of species
and placement or the planting of trees or shrubs upon public highways
or public places;
D. To
review and, where appropriate, give approval or disapproval regarding
plans referred to it by the Planning Board, Zoning Board of Appeals
and/or Building Inspector for exterior architecture and landscape
approval. The Architectural Historic Review Board shall comment on
exterior architecture and landscape plans referred to it by the Planning
Board as part of the State Environmental Quality Review Act (SEQRA)
process and preliminary site plan process. The Architectural Historic
Review Board shall review and approve exterior architecture and landscape
plans after a SEQRA determination has been made by the Planning Board
as lead agency and preliminary approval has been granted by the Planning
Board. Exterior architecture and landscape plans approved by the Architectural
Historic Review Board shall not conflict with any mitigation measures
imposed under SEQRA or any site plan approved by the Planning Board.
The Architectural Historic Review Board and the Planning Board shall
work cooperatively, and each body shall take into account the other
body's concerns involving landscaping, architectural massing bulk
and surface treatment, signs and other architectural features. The
Architectural Historic Review Board and Planning Board may hold joint
meetings where appropriate to address items of mutual concern. Any
decision by the Zoning Board of Appeals requiring landscaping or screening
shall be referred to the Architectural Historic Review Board for its
review and approval;
E. To
adopt criteria for the identification of historic, architectural and
cultural landmarks within the Town;
F. To
give advisory recommendations to the Town Board for the designation
of historic landmarks, sites, roads and districts in the Town of Clarkstown
for potential elevation to regional, state or national prominence;
G. To
give advisory recommendations to the Town Board concerning the utilization
of state, federal or private funds or grants to promote the preservation
of landmarks within the town.
An officer, department or board of the Town or any person, firm
or corporation aggrieved by the provisions of this chapter or by the
action of the Architectural Historic Review Board for disapproval
of a written permit or by the action of the Architectural Historic
Review Board in modifying and approving or disapproving an application
for a sign permit or building permit or of the Building Inspector
in denying such permit because of such action of the Board may take
an appeal within 30 days from the decision of the Architectural Historic
Review Board or the decision of the Building Inspector to the Zoning
Board of Appeals in the same manner as provided by law for other appeals
to the Zoning Board of Appeals. The Zoning Board of Appeals is hereby
empowered to hear and decide such appeals in the same manner as other
appeals to such Zoning Board of Appeals. Unless or until the decision
is revoked or modified, it shall remain in full force and effect.
The Town Board may, by resolution, ordinance or local law, provide
for the reference of any matter to the Architectural Historic Review
Board before the final action thereon by the body or officer of the
Town having final authority to act thereon, with or without the provision
that final action thereon shall not be taken until the Architectural
Historic Review Board has submitted its report or has had a reasonable
time, to be fixed by the Town Board, to submit the report.