The Town Board finds that excessive uniformity, dissimilarity and inappropriateness or poor quality of the design and location of buildings and appurtenant structures, including signs, adversely affects the desirability of the immediate and neighboring areas and thereby impairs the benefits of occupancy of existing property and the stability and value of both improved and unimproved real property in such areas, prevents the most appropriate development of such areas, produces degeneration of property and destroys the proper relationship between the taxable value of real property in such areas and the cost of municipal services provided therefor. It is the intent of this article to establish procedures and design criteria necessary to avoid such results and to preserve and enhance the character, historical interest, beauty and general welfare of the Town and to ensure that the location and design of buildings, structures and open spaces in the Town shall aid in creating a balanced and harmonious composition of the whole as well as in the relationship of its several parts.
A. 
A Board of Architectural Review is hereby created. All members shall be residents of the Town. Upon the effective date of this subsection, the membership of the Board of Architectural Review shall consist of seven members appointed by the Town Board, including the five current members. Two new members shall be appointed for terms which shall expire on December 31, 2020. Effective January 1, 2020, two members shall be appointed for terms which shall expire on December 31, 2021, and three members shall be appointed for terms which shall expire on December 31, 2022. Upon expiration of each members’ term, subsequent appointments shall be for terms of four years.
[Amended 2-12-2008 by L.L. No. 9-2008; 7-9-2019 by L.L. No. 21-2019]
B. 
The Town Board may remove any member for cause after a public hearing.
C. 
If a vacancy shall occur otherwise than by expiration of a member's term, it shall be filled by an interim appointment for the remainder of the former member's unexpired term.
D. 
The Town Board shall designate the Chair for the Board of Architectural Review, who shall serve at the pleasure of the Town Board. The Architectural Review Board shall designate an Acting Chairman and a Secretary.
[Amended 2-27-1990 by L.L. No. 2-1990; 9-8-1992 by L.L. No. 38-1992]
E. 
The Board shall adopt rules of procedure as it may deem necessary to the proper exercise of its responsibilities with regard to architectural review.
F. 
All meetings of the Board shall be open to the public.
G. 
Every decision of the Board shall be by resolution and shall contain a full record of the findings of the Board in the particular case. A quorum shall consist of three members.
H. 
The Board shall officially designate a registered architect to advise and take part in its deliberations, but without a vote, unless a registered architect is a member of the Board. The Town Board shall fix the compensation of such registered architect and pay other expenses of the Board.
[Amended 9-8-1992 by L.L. No. 38-1992]
A. 
Preliminary plans, elevations, sketches and/or proposals may be submitted to the Board of Architectural Review by the owner or the architect or other agent of the owner for consultation prior to filing an application for a building permit or an application for site plan review.
B. 
Every application for a building permit for the construction of a building or structure not requiring site plan review shall be referred by the Building Administrator to the Board of Architectural Review and be designated by the Building Administrator as "substantial" or "nonsubstantial" construction. Applications for nonsubstantial construction may be reviewed by a committee of one member of the Board, but all applications for a sign permit and all applications for substantial construction shall be reviewed by the entire Board. Applications reviewed under this subsection shall be approved, denied or approved with conditions which relate specifically to the criteria set forth in § 330-171.
C. 
Every application for site plan approval for the construction of a building or structure requiring site plan review shall be referred by the Planning Board to the Board of Architectural Review and be reviewed by the entire Board. Applications reviewed under this subsection shall result in the preparation of an advisory report to assist the Planning Board in its consideration of the site plan. The advisory report shall be limited to the architecture of the proposed buildings, structures and signage and shall include a specific recommendation that the buildings, structures or signs be approved, denied or approved with conditions which relate specifically to the criteria set forth in § 330-171.
[Amended 8-10-1993 by L.L. No. 24-1993]
D. 
Meetings of the Board shall be held at the request of the Building Inspector or at the call of the Chairman or of any two members of the Board and at such times as the Board may determine.
E. 
Decisions on applications reviewed by a committee of one member of the Board shall be made within 15 days of the referral from the Building Administrator. Decisions on any application reviewed by the full Board shall be made within 30 days of the referral from the Building Administrator. Advisory reports shall be rendered within 45 days of the referral from the Planning Board.
F. 
No sign permit or building permit shall be issued on any application which has been referred to the Board of Architectural Review unless the plans have been approved by the Board or amended to incorporate any conditions of approval imposed by the Board.
G. 
No site plan shall be approved on any application that has been referred to the Board of Architectural Review for an advisory report unless the Board has recommended approval, the plans have been amended to incorporate any conditions of approval imposed by the Board or the Planning Board approves the site plan by a vote of a majority plus one of its members.
A. 
The Board of Architectural Review is charged with the duty of maintaining the desirable character of the Town and of disapproving the construction, reconstruction and alteration of buildings that are designed without consideration of the harmonious relation of the new or altered building to such buildings as already exist and the environs in which they are set.
B. 
The Board is charged with the duty of exercising sound judgment and of rejecting plans which, it its opinion, based upon study and advice, are not of harmonious character because of proposed style, materials, mass, line, detail or placement upon the property or in relation to the spaces between buildings or the natural character of the landscape or because the plans do not provide for the location and design of structures and open spaces so as to create a balanced and harmonious composition as a whole and in relation to its several parts and features to each other.
[Amended 9-8-1992 by L.L. No. 34-1992]
The remedy for any person aggrieved by a decision of the Board of Architectural Review or by the denial of a site plan which was approved by a majority of the members of the Planning Board shall be an Article 78 proceeding.
Any violation of the approvals established by the Board of Architectural Review shall be deemed a violation of this chapter punishable under the provisions of § 330-186.