[Last amended 1-10-1989 by L.L. No. 1-1989]
The Town Board shall appoint a Board of Appeals
consisting of five members, as provided by the Town Law.
[Amended 4-24-2012 by L.L. No. 6-2012]
In addition to such powers as may be conferred upon it by law,
the Board of Appeals shall have the following powers:
A.
Appeals: to hear and decide appeals from and review any order, requirement,
decision or determination made by the Building Inspector.
B.
Variances: Where there are practical difficulties or unnecessary
hardships in the way of carrying out the strict letter of these regulations,
the Board of Appeals shall have the power to vary or modify the application
of such regulations so that the spirit of this chapter shall be observed,
public safety and welfare secured and substantial justice done. Effective
as of January 1, 2015, any variance granted by the Board of Appeals
shall become null and void where a certificate of occupancy has not
been procured, and/or a subdivision map has not been filed with the
Suffolk County Clerk, within three years from the date such variance
was granted. The Board of Appeals may, upon written request prior
to the date of expiration, grant an extension not to exceed three
consecutive one-year terms.
[Amended 12-2-2014 by L.L. No. 12-2014]
C.
Special exceptions, special permits and other approvals: Whenever
a use or the location thereof is permitted only if the Board of Appeals
shall approve thereof, the Board of Appeals may, in a specific case
and after notice and public hearing, authorize such permitted use
and its location within the district in which this chapter specifies
the permitted use may be located.
D.
Interpretations: on appeal from an order, decision or determination
of an administrative officer or on request of any Town officer, board
or agency, to decide any of the following:
E.
Review by independent consultants:
(1)
Upon a majority plus one vote of the Board of Appeals' determination
that referral to an independent consultant(s) is deemed necessary,
an escrow account for the applicant shall be established with the
Town Comptroller's office. Said escrow account shall be established
prior to the Town's referral of the application to its consultant(s).
Said escrow account shall be funded by the applicant in an amount
to be determined by the Board of Appeals. Upon the determination that
any application shall be subject to the Town's review aided by a consultant(s)
as set forth herein, no application shall be considered complete for
review purposes until an escrow account is established and funded.
(2)
Withdrawals from said escrow account may be made from time to
time to reimburse the Board of Appeals for the cost of its consultant(s')
professional review services actually incurred. Whenever the balance
in such escrow account is reduced to 1/4 of its initial amount, the
Board of Appeals shall notify the applicant; thereafter, the applicant
shall deposit additional funds into such account so as to restore
its balance to 1/2 of the initial deposit or to such sum as deemed
necessary by the Board of Appeals. If such account is not replenished
within 30 days after the applicant is notified in writing of the requirement
for such additional deposit, the Board of Appeals may suspend its
review of the application.
(3)
The consultant(s) will work under the direction of the Board
of Appeals Chairperson. Copies of the consultant(s') qualifications,
findings and reports will be provided to the applicant and an opportunity
given to the applicant to respond to the content of the consultant(s')
report prior to any decisions being made.
In deciding any matter before it, the Board
of Appeals may impose such conditions and safeguards as it deems necessary
or appropriate to preserve and protect the spirit and the objectives
of this chapter.
The Board of Appeals shall, consistent with
the law, determine its own rules of conduct and procedure.
[Amended 2-11-1990 by L.L. No. 29-1990; 11-24-1992 by L.L. No. 30-1992; 11-29-1994 by L.L. No.
26-1994; 2-7-1995 by L.L. No. 3-1995; 1-18-2011 by L.L. No.
2-2011; 12-14-2021 by L.L. No. 23-2021]
The fees for applications to the Board of Appeals shall be established,
and changed as needed, by resolution of the Southold Town Board. A
copy of the fee schedule is on file in the Clerk’s office and
the Department of Zoning. Zoning Board of Appeals application fees
are nonrefundable.
[Amended 12-27-1995 by L.L. No. 25-1995]
A.
In all cases where the Board of Appeals is required to hold a public hearing, notice shall be provided pursuant to Chapter 55, Notice of Public Hearings.
B.
In lieu of complying with the provisions of this section,
written verified waivers of notice executed by the persons entitled
to receive such notice may be filed with the Town Clerk at the time
of filing the petition.[1]
[1]
Editor's Note: Former Subsection C, regarding
failure to comply with the provisions of this section, which immediately
followed this subsection, was repealed 6-23-1998 by L.L. No. 10-1998.
