[Amended 3-1-1995]
A.
It has been determined that the character and well-being
of the Town of Harrison, its residents and properties are beneficially
affected by the maintenance of beauty and the symmetry of development
of properties throughout the town.
B.
Excessive similarity or dissimilarity, leading to
inappropriateness or poor quality of the exterior appearance of buildings
and structures erected in any area of the town, adversely affects
such beauty and symmetry, as well as the desirability, of surrounding
properties and neighborhood areas for permitted land uses. By so doing,
such conditions impair the benefits of occupancy of existing properties,
as well as the stability and value of both improved and unimproved
properties. As a result, they prevent the most appropriate development
and use of such and cause degeneration of property, with attendant
deterioration of conditions affecting the health, safety and general
welfare of the community, and, further, they destroy the proper relationship
between the taxable value of real property and the cost of municipal
services provided therefor in such areas.
C.
It is the purpose of this article to prevent these
and other harmful effects of such exterior appearance of buildings
erected or altered in any area of the Town and thus to promote the
health, safety and general welfare of the community, to conserve the
value of buildings and to encourage the most appropriate use of land
within the Town.
A.
There is hereby created an Architectural Review Board,
which shall consist of seven members appointed by the Town Board.
They shall serve without compensation. All members of the Board shall
be residents of the Town of Harrison and shall be specifically qualified
by reason of training or experience in art, architecture, community
planning, landscape architecture or other relevant business or profession.
At least one member of such Board shall be a registered architect
in the State of New York. The members of such Board shall designate
a Chairman thereof.
B.
Of the members of the Board first appointed, one shall
hold office for the term of one year, three for the term of two years,
and three for the term of three years from and after their appointment.
Their successors shall be appointed for the term of three years from
and after the expiration of the term of their predecessors in office.
If a vacancy shall occur otherwise than by expiration of term, it
shall be filled by the Town Board for the unexpired term. The Town
Board shall have the power to remove any member of the Board for cause
and after public hearing. The Town Board shall designate a Secretary
of the Board.
C.
All meetings of the Board shall be held at the call of the Chairman and at such other times as such Board may determine, but shall be held within 30 days of the date of any application for a building permit referred to the Board as required in § 235-65A.
D.
Four members of such Board shall constitute a quorum
for the transaction of business.
E.
All official business of such Board shall be acted
on in public meetings.
F.
Such Board shall keep minutes of its proceedings,
showing the vote of each member upon every question or, if absent
or failing to vote, indicating such fact, and shall also keep records
of its examinations and other official actions.
A.
The Board shall have the power to, from time to time, adopt, amend and repeal rules and regulations, not inconsistent with law or this chapter, governing its procedure and the transaction of business and for the purpose of carrying into effect the purposes set forth in § 235-62 in accordance with the standards established in § 235-66.
B.
Every rule or regulation, every amendment or repeal
thereof and every order, requirement, decision or determination of
the Board shall immediately be filed in the office of the Board, which
shall be at the Town Hall and shall be a public record.
A.
The Building Inspector shall promptly transmit one
copy of every building permit application, along with specific design
plans showing building elevations, facade details, colors, materials
and configuration, to such Board.
B.
Such Board may approve, approve with modifications
or disapprove any such application referred to it, provided that a
disapproval shall be by the vote of at least four members of such
Board.
C.
The Building Inspector shall deny any building permit
application disapproved by the Board as provided in this section.
D.
If the Architectural Review Board shall fail to disapprove
any such application referred to it within 30 days of the date of
filing such application or if such Board shall approve any such application,
the Building Inspector shall forthwith issue the building permit,
provided that it conforms in all respects to all applicable laws and
ordinances.
E.
Any person aggrieved by the action of the Architectural
Review Board in disapproving a building permit application and of
the Building Inspector in denying such permit because of such disapproval
may take an appeal therefrom to the Board of Appeals pursuant to § 267
of the Town Law in the same manner as is provided for other zoning
appeals, and such Board of Appeals, after proceeding in the same manner
as is provided for other zoning appeals and with the same power and
authority therein vested in passing other appeals before it under
the provisions of law and this chapter and in the exercise thereof,
may reverse or affirm or modify and affirm the action of the Architectural
Review Board and of the Building Inspector.
A.
The Architectural Review Board's determination shall
be made on the basis of excessive similarity or dissimilarity leading
to inappropriateness or poor quality of exterior appearance of the
area and not on architectural style.
B.
Excessive similarity or dissimilarity shall only be
examined in relation to any structure existing or for which a building
permit has been issued or any structure included within the same building
permit application facing upon the same street or an intersecting
street within 1,200 feet of the proposed site.
C.
Such determination shall be based on findings with
respect to one or more of the following features of exterior design
or appearance:
(1)
Apparently identical facades.
(2)
Size, both in width and height.
(3)
Roof line and slope, including conditions as to type,
such as gable, hip and projection of overhanging eaves.
(4)
Fenestration and openings, both size and arrangement.
(5)
Basic exterior material, such as brick, stone, siding
or shingle. Siding may vary horizontally or vertically. Color will
not be considered a feature.
(6)
Configuration of the front wall; that is, whether
wings break in or out.
(7)
Location of additional masses or features such as
chimneys or other permanent exterior construction, attached to the
building.
D.
A finding of excessive similarity or dissimilarity shall state not only that such excessive similarity or dissimilarity exists, but also that it is of such a degree as to lead to inappropriateness or poor quality of exterior appearance of the area, that it is of such a nature as to be reasonably expected to provoke one or more harmful effects set forth in § 235-62 and that the finding is not based on personal preference as to taste or choice of architectural style.
