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HomeMy WebLinkAboutArchitect. Review Board 1987 ,.'~.~. :,, ?.!.,~ % :- :~ T0:~'i%'~ ,O1: :~(ll..I ill 1.1! 8ou~hold, N.Y. 11071 (516) 765-19118 June 22, 1987 Councilman James A. Town of Southold Town Hall Southold, NY 11971 Schondebare Dear Mr. Schondebare: In reference to your memo of June 18, 1987 regarding the Architectural Review Board (ARB), it is the Planning Board's reco]umendation that the Town Board pursue the second draft as amended and attached hereto. The ARB should be advisory to the Building Department where all building plans are submitted. We believe the ARB to be an important aspect of the Town's review process. Thank you for your attention. Very truly yours, Bennett Orlowski, Jr., Chairman Southold Town Planning Board BO:rw:dms attachment (Second Draft Copy) Submitted by Southold Town Plahning Board BUILDINGS: DESIGN OF EXTERIOR, ETC. Chapter 35 BUILDINGS: DESIGN OF EX{ERIOR APPEARANCE Local Law No. 1987 A LOCAL LA~ PROVIDING FOR T__HE REGULATION OF THE DESIGN O~THE EXTERIOR_~ APPEARANCE OF 'BUILDINGS IN ~USINESS DISTRICTS AS ESTABLISHED BY THE BUILDING ZONE ORDINANCE NO. OF THE TOWN OF SOUTROLD. 35-t~- 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 Policy and findings. Creation of Board. Procedures of Board. Referrals to the Board. Standards for the Board. Failure co act. Appeal. Supplement to zoning provisions. When effective. 3501 35-1 TOWN OF SOUTHOLD CODE 35-1 Be it enacted by the Town Board of the Town of Southold, Suffolk Coanty, New York as follows: 35-1. Policy and findings. A. It is the purpose of this local law to preserve and promote the character and appearances and conserve the property values of the' Town, the attractiveness of whose business areas are the economic maiustay of the community, by providing procedures for an architectural review of structures henceforth erected, reconstructed or altered in the Town, and thereby; (I) To encourage good qualities of exterior building design and good appearances and to relate such design and appearances to the sites a~d surroundings of structures'; (2) To permit originality and resourcefulness in building design and appearances which ara appropriate t~ the sites and surroundings; and (3) To prevent such design and appearances as are unnecessarily offensive to visual sensibilities. B. The Town Board hereby finds that structures which are visually offensive or inappropriate by reason of poor qualities of exterior design, monotonous similarity or striking visual discour in relation to their sites or surroundings mar the appearances of their areas, impair the use, enjoymen~ and desirability and reduc~ fha values of properties, are detrimental to the characters of neighborhoods, prevent the most appropriate development and utilization of land, and gherefore 35O2 35-2 BUILDINGS: DESIGN OF EXTERIOR, ETC. 35-2 adversely affect the functioning, economic stability, prosperity,. health, safety and general welfare of the entire community. 35-2. A. Creation of Board. There is hereby created a Board of Architectural Review which shall consist of five (5) members appointed by the Town Board. The members ,.. shall serve at the will of the Town Board and without compensation. To the extent available in the community the members shall consfst of one (1) architect and one (1) landscape architect. Duties of the Board of Architectural Review (1) It shall be,,the duty of the Board of Architectural Review to review all ~~ plans/site plans and landscape design --~plans submitted to ~ the Buil~ng~spectlor~and_maka--recommenda tiong_thereon to the Buildi,g. Inspactor.. 35-3. Procedures of Board. Meetings of the Board of Architectural ReviEw shall be held S__t the call ' of the Building Inspector and at such 6'~he~. times as the Board shall determine. The Board may hold a public bearing when it deems the same to be in the p6'blic interest. A majority of the Board shall constitute a quorum for the transaction of business. The Board shall keep minutes of its proceedings, showing the vote of each member upon. each question or, if absent or failing to vote, in- dictating such fact, and shall also keep copies of its examinations and other official actions. The Board.,,=~', ~ have power from time to time to adopt, amend and repeal rules and regulations, not inconsistent with law or the provisions of this chapter, governing its procedure and the~ transaction of, 3503 its business, and for the purpose of carrying into effect the standards outlined in ~5-5. Such actions shall be taken after public hearing and shall be subject to the approval of the Town Board of the Town ~f Southold. 35.4. Referrals to the Board A. As soon as'practicable and in any event within three (3) business days after determining that an application for a building permit for the construction of any building or structure complies with all provisions of this Code other than this local law, the Building Inspector shall transmit to each member of the Board of Architectural Review a copy of any such application which comes in the following category: construction of any new building or structure or major addition thereto in a business district. B. Applicanio!~s must be accompanied by plans showing ail elevations of new structores and all affacted elevations in the case of addiLions or alnerations. When required by the Building 'Inspector or by the Board of Architectural Review, a site plan shall be submitted showing both existing and proposed contours at ~o-foot intervals, all existing trees with a trunk diameter of rotor (4) inches or more at a point three (3) fe~t above the ground lextel and whether such trees shall remain or be removed, and/or other topographical features. 35.5. Standards for. Board Action. Approval or disapproval of any building permit shall be by a vote of at least a majority of the members of the Board of Architectural Review. 35O4 In considerfng an application for a permit the Board shall take into account natural features of the site and surroundings, exterior design and appearances of existing structures, and the character of the district. The Board may approve any application referred to it upon finding that the building or structure for which the permit was requested, if erected or altered in accordance with the submitted plan, would be in harmony with the purpose of this local law, would not be visually offensive or inappropriate by reason of poo? quality of exterior design, monotonous similarity or striking visual discord in relation to the sites or surroundings, would not mar the appearance of the area, would not impair the use, enjoyment and desirability and reduce the values of properties in the area, would not be detrimental to the character of the neighborhood, would noc prevent the most appropriate development and utilization of the site or of adjacent lands, would not cause an econom£c hardship on the applicant and would not adversely affect the' fenctioning, economic stability, prosperity, health, safety and general welf'are of the entire community. The Board may disapprove any application for a permit provided that the Board has afforded the applicant an opportunity to confer upon suggestions for changes of the plan, and provided that the Board finds and states in writing that the structure for which the permit was requested would if erected as indicated~ provide one (1) or more of the harmful effects set forth in 35-1 by reason of: (i) Monotonous simiiarit7 to any other structure or structurek located or proposed to be located on the same street or corner thereof and w~thin five-hundred 500) feet of the site of the structure for which 35O5 ' (2) (3) a building permit is requested~ in respect to one (1) or more of the · following features of exterior design and appearance: (a) Substantihlly identical facade, disregarding color; (b) Substantially identical 'size and arrangement of either doors, windo~*s, porticos, porches or garages or other openings or breaks or extenstions in the facade, including reverse arrangements; or :~ (c) Other substantially identical features:such as, but not limited to, .~ setbacks from street lines, heights, widths and lengths of elements of the building design and exterior materials and treatments- Striking dissimilarity, visual discord or inappropriateness with respect to other structures located or proposed to be located on the ~ame street or a corner thereof and within five hundred (500) feet of the site of the structure for which a building permit is requested, in respect to one (1) or more of the following features of exterior design and appearance: (a) Facade, disregarding color; (b) Size and arrangement of doors, windows, porticos? porches or garages or other openings, breaks or extensions in the facade; or (c) Other significant design features, such as, but not limited to, heights, w{dths and 1.engths of ele~nents, roof structures, exposed mechanical equipment, service, and storage areas, retaining walls, landscapting, signs, light posts, parking areas and fences, service and loading areas. Visual of'fensiveness or other poor qualities of exterior design, including, with respect to signs, considerations of the harmony or discord of colorJ, or incompatib£1ity of the proposed structure with the terrain on which it is to be located ingluding, but not limited to, excessive divergences 3506 of the height or levels of any part-of.the structure from the grade of the terrain. 35-6. Failure to act. The Buildin~ Inspector shall refuse any building permit application disapproved as provided in 35-5. If the Board of Architectural Review shall fail to approve or disapprove any application referred to it under 35-4 within thirty (30) days of the date of referral of such application '~o it, application shall be considered to have b'een approved. 35-7. Appeal Within ten (10) days after the disapproval of any application, the Board shall file its disapproval together with findings of fact with the Town Clerk. Within ten (10) days of such filing, the applicant may appeal, in writing, such disapproval to the Town Board, by mailing or serving a copy of the appeal ~the Town Clerk. The Town Board shall within twenty (20) days from receipt of such appeal review the application and findings of fact and shall either approve or disapprove the datermination of the Board of Architectural Review. Thereafter, the applicant may proceed as ~rovided by Article 78 of the Civil Practice Law and Rules. " 3507 (Second Draft Copy) Submitted by Soutbold Town Planning Board BUILDINGS: DESIGN OF EXTERIOR, ETC. Chapter 35 BUILDINGS: DESIGN OF EXTERIOR APPEARANCE Local Law No- 1987 A LOCAL LAW PROVIDING FOR THE REGULATION OF THE DESIGN OF THE EXTERIOR APPEARANCE OF BUILDINGS IN BUSINESS DISTRICTS AS ESTABLISHED BY THE BUILDING ZONE ORDINANCE NO. OF THE TOWN OF SOUTHOLD. 35-1. Policy and findings. 35.2 Creation of Board. 35.3 Procedures of Board. 35.4 Referrals to the Board. 35.5 Standards for the Board. 55.6 Failure to act- 35.7 Appeal. 35-8 Supplement to zoning provisions. 35~9 When effective. 3501 35-1 TOWN OF SOUTHOLD CODE 35-1 Be it enacted by the Town Board of the Town of Soothold, Suffolk. County, New York as follows: 35-1. Ao Policy and findings. It is the purpose of this local law to preserve and promote the character and appearances and conserve the property values of the Town= the attractiveness of whose business areas are the economic mainstay of the community, by providing procedures for an architectural review of structures henceforth erected, reconstructed or altered in the Town, and thereby; (1) To encourage good qualities of exterior building design and good appearances and to relate such design and appearances to the sites and surroundings of structures; (2) To permit originality amd resourcefulness in building design and appearances which are appropriate ~o the sites and surroundings~ and (3) To prevent such design and appearances as are unnecessarily offensive to:visual sensibilities. The Town Board hereby finds that structures which are visually offensive or inappropriate by reason of poor qualities of exterior design, monotonous similarity or striking visual d~sco~r in relation to their sites or surroundings mar the appearances of their areas, impair the use, enjoyment and desirability and reduce the values of propert~es~ are detrimental to the characters of neighborhoods, prevent the most appropriate development and utilization of land, and therefore 35O2 B5-2 BUILDINGS: DESIGN OF EXTERIOR, ETC. 35-2 adversely affect the functioning, economic stability, prosperity, health, safety and general welfare of the entire community. 35-2. Creation of Board. A. There is hereby created a Board of Architectural Review which shall consist of five (5) members appointed by the To~n Board. The members shall serve at the will of the Town Board and without compensation. To th~ extent available in the community the members shall consist of one (1) architect and one (1]1 landscape architect. B- Duties of the Board of Architectural Review (1) it shall be the duty of the Board of Architectural Review to review all architectural plans, site plans and landscape design plans submitted to it by the Buil~ng. Inspector~_~~ ,~J~i-~-~r~=r~ tb~e ~l~ng I~pect~. 35-3. Procedures of Board. Meetings of the Board of Architectural Review shall be held at the call of the Building inspector and at such other times as the Board shall determine. The Board may hold a public hearing when it deems the same to be in the public interest. A majority of the Board shall constitute a quorum for the transaction of business. The Board shall keep minutes of its proceedings, showing the vote of each member upon eath question or~ if absent or failing to vote, dictating such fact~ and shall also keep copies of its examiDations and other official actions. The Board shall have power from time to time to adopt, amend and repeal rules and regulaniens, not inconsistent with law or the provisions of this chapter, governing its procedure and the transaction of 3503 its business, and for the purpose of carrying into effect the standards outlined in 35-$. Such actions shall be taken after publ,ic hearing and shall be subject to the approval of the Town Board of the Town of Southeld. 35.4. A. 35.5. A. Referrals to the Board As soon as practicable and in any event within three (3) business days after determining that an application for a building permit for the construction of any building or structure complies with all provisions of this Code otl~er than this local law, the Building Inspector shall transmit to each member of the Board of A{chitectural Review a copy of any such application which comes in the following category: construction of any new building or structure or major addition thereto in a business district. Applications must be accompanied by plans showing all elevations of new structures and all affected elevations in the case of additions or alterations. When required by the Building Inspector or by the Board of Architectural Review, a site plan shall be submitted showing both existing and proposed contours at two-foot intervals, all existing trees with a trunk diameter of four (4) inches or more at a point three (3) feet above the ground level and whether such trees shall remain or be removed, and/or other~topographical features. Standards for Board Action. Approval or disapproval of any building permit shall be by a vote of at least a majority of the members of the Board of Architectural Review. 3504 B. In considering an application for a permit the Board mhall take into account natural features of the site and surround£ngs~ exterior deaign and appearances of existing structures~ and the character of the district. The Board may approve any application referred to it upon finding that the building or structure for which the permit was requested, if erected or altered in accordance with the submitted plan, would be in h~rmony with the purpose of this looal law, would not be visually offensive or imapprop~iate by reason of poor quality of exterior design, monotonou~ similarity or s~=i~ing visual discord in relation to the sites or surroumdimgs, would not mar the appearance of the area, would not impair the use, enjoyment and desirability and reduce the values of properties in the area, would not be detrimental to the character of the neighborhood, would not prevent the most appropriate development and utilization of the site or of adjacent tands,.would not cause an economic hardship on the applicamt and would not adversely affect the functioning, economic stability, prosperity, health, safety and general welfare of the entire community. D. The Board may disapprove any application for a permit provided that the Board has afforded the applicant an opportunity to confer upon sugsestion$ for changes of ~he plan, and provided tha~ the Board finds and states in writing that the str~cture for which the permit was requested would if erected as imdicated, provide one (1) or more of the harmful effects set forth i~ 35-1 by reason of: (1) Monotenous similarity to any other str~cture or structures located er proposed to be located on the same street ~r corner thereof and within five-hundred (500) feet or. the site of the structure for which 35O5 a building permit is requested~ in respect to one (1) or more of the following features of exterior desig~ and appearance: (a) Substantially identical facade, disregarding color; (b) Substantially identical 'size and arrangement of either doors, windows, porticos, porches or garages or other openings or breaks or extenstions in the facade, including reverse arrangements; or (c) Other substantially identical features such as, but not limited to, setbacks from street lines, heights, widths and lengths of elements of the building design and exterior materials and treatments. (2) Striking dissimilarity, visual discord or inappropriateness with respect to other structures located or proposed to be located on the same street or a corner thereof and within five hundred (500) feet. of the site of the structure for which s building permit is requested, in respect to one (1) or more of the following features of exterior design and appearance: (a) Facade, disregarding color; (b) Size and arrangement of doors, windows, porticos, porches or garages or other openings, ~reaks or extensions in the facade; or (c) Other significant design features, such as, but not limited to, heights, widths and lengths of elements, roof structures, exposed mechanical equipment, service, and storage areas, retaining walls, landscapting, signs, light posts, parking areas and fences, service and loading areas. (3) Visual offensiveness or other poor qualities of exterior design, including, with respect to signs, considerations of the harmony or discord of colors, or incompatibility of the proposed.structure wi~h the terrain on whihh it is to be located, including, but not limited to, excessive divergences 3506 of the height or levels of any part-of the structure from the grade of the terrain. 35-6. Failure to act. The Building Inspector shall refuse any building permit application disapproved as provided in 35-5. If the Board of Architectural Review . shall fail to approve or disapprove any application referred to it under 35-4 within thirty (30) days of the date of referral of such application Lo it, the application shall be considered to have been approved. 35-7. Appeal Within ten (10) days after the disapproval of any application, the Board shall file its disapproval together with findings of fact with the Town Clerk. Within ten (10) days of such filing, the applicant ma~ appeal, in writing, such disapproval to the Town Board, by mailing or serving a copy of the appgal ~the . Town Clerk. The Town Board shall within twenty (20) days from receipt of such appeal review the application and findings of fact and shall either approve or disapprove the determination of the Board of Architectural Review. Thereafter, the applicant may proceed as provided by Article 78 of the Civil Practice Law and Rules. 35O7 35=9 Supplement to zoning provisions. This local law shall supplement the provisions of the Subdivision of Section and Article being Chapter of the Laws of provisions of Zonimg Ordinance No. of the Town Law of the State of New.york , as amended, and shall modify the Qf' t'he.Tnwn of Southold as amended to the extent that such provisions conflict with or are contrary to the provisions of this local law. 35-10. When effective. This local law shall take effect immediately. 3508 100.131 D. Architectural and Design Review - That the Planning Board in furtherance o~.the expressed objectives of this-.Chapter may on its o~ or in consultation with its experts of'its own choosing, review the plans and specifications of any proposed structure to make certain to the extent possible that such structures are in,general conformity with the neighborhood and'to further i~a~ itself that the building design will be.in harmony with the surrounding area.