Old Farm Road v. Town New Castle Et Al‪.‬

[26 N.Y.2d 462 Page 464] The issue is the constitutionality of certain parts of the Town of New Castle's zoning ordinance. The provisions challenged
create a Board of Architectural Review and require that each application for a permit to construct a new building, or to make
alterations or additions of specified nature and cost, shall be submitted to the board. Authority is conferred upon the board
to disapprove any such application upon finding that the structure "would, if erected or altered be so detrimental to the
desirability, property values or development of the surrounding areas as to provide one or more of the harmful effects set
forth in Section 1 [of the ordinance] by reason of * * * excessive similarity * * * excessive dissimilarity * * * or * * *
inappropriateness in relation to the established character of other structures in the immediate area or neighboring areas".