Any appeal may be taken by any person aggrieved or by an officer, department, board or bureau of the Town of Clarkstown. Upon any hearing, any party may appear in person or by agent or attorney.
Insofar as is possible and practicable, all appeals and the papers on which such appeals are based shall be made and submitted on the official forms heretofore or hereafter approved by this Board.
It shall be the duty of the Building Inspector, on the hearing of any appeal, to see that all papers upon which the appeal is based are in proper order and are submitted to the Board at the time of hearing the appeal.
A. 
An appeal shall be taken within 60 days after the filing of any order, requirement, decision, interpretation or determination of the administrative official by filing with such administrative official and with the Board of Appeals a notice of appeal, specifying the grounds thereof and the relief sought. The administrative official from whom the appeal is taken shall forthwith transmit to the Board of Appeals all the papers constituting the record upon which the action appealed from was taken.
[Amended 8-20-2013 by L.L. No. 6-2013]
B. 
The appellant shall be notified in writing by the Board of Appeals within 10 days of filing the notice of appeal of any other paper, document, map or information that must be submitted in connection with the notice of appeal. If the appellant fails to submit the additional materials within 30 days thereafter, the appellant shall be notified by certified mail that the appeal shall be denied without further action of the Board of Appeals if the required information is not submitted within 15 days of the mailing of the certified letter. Upon written application of the appellant, the Board of Appeals may grant an extension of time to submit said information for good cause shown.
[Added 3-25-1986]
The Board of Appeals will hold a hearing of the appeal provided notice of such appeal has been filed in the proper form as required by these rules at least 10 days prior to said meeting.
[Amended 3-5-1962; 8-20-2013 by L.L. No. 6-2013]
The Board of Appeals shall decide upon the appeal within 62 days after the conduct of said hearing. The time within which the Board of Appeals must render its decision may be extended by mutual consent of the applicant and the Board. Such decision, when made, shall be communicated to the party making the appeal within three days.
The concurring vote of a majority of the members of the Board shall be necessary to reverse any order, requirement, decision or determination of any administrative official or to decide in favor of the applicant any matter upon which it is required to pass under the Zoning Ordinance or to effect any variation in such ordinance.
An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Appeals, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown.
Upon all applications for a variance, the Board of Appeals may, in its discretion, and must in a particular or unusual case, require that three days' notice of all hearings be given to owners or occupants of property in a designated area adjacent to the property affected by such appeal or application; and such notice, when ordered, may be served on the persons designated personally or by mail. The designated area shall be determined by the Board in each case in accordance with existing local conditions.
[Amended 8-20-2013 by L.L. No. 6-2013]
Upon hearing such appeal, the following order of business and procedure shall be followed as nearly as possible:
A. 
Examination of papers upon which the appeal is based.
B. 
Examination of proof of service of notice of hearing.
C. 
Reading of the notice of the hearing and any further explanation desired by the Chairman.
D. 
Consideration of proof, if any, offered by the appellant.
E. 
Consideration of proof offered in support of the Building Inspector's case.
F. 
Consideration of proof, if any, offered by a member of the public. Such offer of proof shall be limited to three minutes and shall be directed to the Chairman.
G. 
Appellant's or applicant's rebuttal.