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.

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.

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.

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.

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.

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.

Four members of such Board shall constitute a quorum for the transaction of business.

All official business of such Board shall be acted on in public meetings.

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.

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.

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.

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.

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.

The Building Inspector shall deny any building permit application disapproved by the Board as provided in this section.

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.

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.

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.

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.

Such determination shall be based on findings with respect to one or more of the following features of exterior design or appearance:

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.