[HISTORY: Adopted by the Zoning Board of
Appeals of the Town of Plattekill 10-4-1974. Amendments noted where applicable.]
The Zoning Board of Appeals shall be governed
by the provisions of all applicable state statutes, local laws, ordinances
and these rules.
A.
Chairman and Vice Chairman. The Board shall elect
annually from its members, by majority vote, a Chairman and Vice Chairman,
who may be elected to succeed themselves. The Chairman, or in his
absence or incapacity the Vice Chairman, shall decide all points of
order or procedure and may administer oaths and compel the attendance
of witnesses.
B.
Secretary and Clerk. In accordance with Article XIV
of the Zoning Ordinance,[1] the Board shall elect annually from the members, by majority
vote, a Secretary, who may be elected to succeed himself. The Secretary
shall supervise the Clerk of the Board. The Clerk of the Board shall
keep all records, conduct all correspondence and keep a minute book
of the proceedings of each meeting and at each hearing, which shall
include the vote of each member on each question, or, if absent or
failing to vote, indicating such facts: the names and addresses of
all witnesses; a summary of the facts on which the decision was based;
and the decision rendered; and other official acts of the Board.
A.
Quorum. A quorum shall consist of four voting members
of the Board.
B.
Time of meeting.
(1)
Regular meetings shall be held on the fourth Thursday
of each month at 8:00 p.m., if required, or at such other hours as
the Chairman may designate. The first regular meeting in January shall
constitute the regular organizational meeting of the Board.
[Amended 2-26-1987]
(2)
Special meetings may be called by the Chairman at
any time for any purpose pertaining to the duties and functions of
the Board. Notice of such special meetings shall be given to each
member at least 48 hours before such meeting. The Chairman shall call
a special meeting within 10 days of receipt of a written request from
any two members of the Board.
(3)
Executive meetings may be called by the Chairman at
any time for any purpose pertaining to the duties and functions of
the Board. Notice of such executive meeting shall be given to each
member at least 48 hours before such meetings, unless a quorum of
members waive such notice. The Chairman shall call an executive meeting
within 10 days of receipt of a written request for an executive meeting
from any two members of the Board. Executive meetings shall be closed
to the public or anyone other than a member of the Board. Records
and minutes shall not be kept or recorded at such meetings.
C.
Cancellation of meetings. Whenever there are no appeals,
special exceptions, variances or other pertinent business to be considered
at a regular meeting, the Chairman may dispense with such meeting
by so notifying each member at least 48 hours prior to the time set
for such meeting.
E.
Voting. All matters shall be decided by a roll call
vote. Decisions on matters requiring public hearings and which reverse
any order, requirement, decision or determination made by an enforcement
officer or by the Building Inspector or to decide in favor of the
applicant upon any matter which he is required to determine under
any such an ordinance or to grant any variance from the requirements
of such an ordinance shall require the affirmative vote of a quorum
of voting members of the Board present at such meeting. Other matters
shall be decided by majority vote.
F.
Disqualification of members. No member of the Board
shall sit in hearing or vote on any matter in which he shall be personally
or financially interested, nor shall he vote on the determination
of any appeal unless he shall have attended the public hearing thereon.
A.
Matters requiring public hearings. A public hearing
shall be required in all matters involving an appeal from any order,
requirement, decision or determination by the Building Inspector arising
from the enforcement of the Zoning Ordinance, an appeal for variance
from the terms of the Zoning Ordinance, an appeal for an exception
as specified in the Zoning Ordinance or a question involving interpretation
of the Zoning Ordinance.[1]
B.
Notice of hearings. No appeal shall be decided until
after due notice has been given and the public hearing has been held
thereon. Due notice of a hearing shall be as follows:
(1)
By publication of a notice thereof once in an official
newspaper of the town at least 10 days before the date of hearing.
(2)
The Board shall mail a notice of a hearing to the
appellant or the applicant or his attorney or agent at least 10 days
before the date of the hearing.
(3)
The applicant and/or designated agent shall mail notices
of the hearing of an appeal to all property owners as it appears on
the latest tax roll of the Town within a five-hundred-foot radius
of the premises affected by the appeal. Such notices shall be mailed
to the street address of the properties within a five-hundred-foot
radius, regardless of whether or not the owner resides therein.
[Amended 8-27-2009]
C.
Conduct at public hearings. Any person may appear,
in person, by agent or by attorney, at any public hearing.
D.
Rehearings. No request for reconsideration of a decision
shall be accepted for period of one year if it appears that no substantial
change of facts, evidence or conditions had occurred in regard to
the neighborhood. Whether or not a change of the facts, evidence or
conditions has occurred will be determined by the Zoning Board of
Appeals before the application is accepted and placed on the calendar.
A.
Time limit for appeals. An appeal must be made within
60 days after the action of the Building Inspector which is being
appealed from.
B.
Filing of appeals. The applicant shall file his appeal,
in duplicate, with the Secretary of the Board or the Town Clerk on
forms available at the office of the Secretary of the Board or the
Town Clerk at the Town Hall, Modena, New York, a copy of which shall
be forwarded to the Building Inspector by the Secretary or Town Clerk.
Appeals for exceptions and variances shall be accompanied by an accurate
and intelligible plan drawn to a suitable scale. A nonreturnable fee
of $25, or $10 if appeal is for a variance, shall be paid to the Secretary
of the Board upon filing an appeal. A certified check or money order
shall be payable to the Zoning Board of Appeals. Appeals shall be
signed by property owners or a certified agent.
C.
Placement on calendar. The appeal shall be placed
on the calendar of the Zoning Board of Appeals when the Board has
substantial and factual information to hear the case.
D.
Amendments; withdrawals. The applicant may not amend
or withdraw his application after the official notice of the public
hearing has been transmitted to the official newspaper for publication.
A.
Form of decisions. All decisions of the Zoning Board
of Appeals shall be by resolution. The basis for the determination
of each appeal and a detailed summary of the facts upon which the
determination is made shall be recorded in the decision and shall
constitute a part of the record thereof. In a case of variances, the
decision shall state the exceptional difficulty or unusual hardship
upon which the appeal was based on which the Board was found present.
The decision shall also state, in detail, what conditions and safeguards
are required.
B.
Expiration of permits. Unless otherwise specified,
any order or decision of the Board granting a special exception shall
expire if a building or occupancy permit is not obtained by the applicant
within 90 days after the date the decision becomes final.
C.
Filing of decision. The decision of the Board shall
become final upon the date of entry of such order with the Secretary
of the Zoning Board of Appeals and service of a copy of its decision,
and notice of filing, with the appellant or his attorney or agent.
Copies of the decision shall be also sent to the Building Inspector,
the Town Assessor's office, the Town Planning Board and the County
Planning Board.
These rules may be amended at any regular meeting
by an affirmative vote of at least a quorum of four members of the
Board, provided that such amendment has been presented, in writing,
to each member of the Board at least 48 hours preceding the meeting
at which the vote is being taken.
