There shall be a Board of Appeals of five members
pursuant to the provisions of § 267 of the Town Law.
The Board of Appeals shall have all the powers
and duties prescribed by law and by this chapter, which are more particularly
specified as follows, provided that none of the following provisions
shall be deemed to limit any power of the Board that is conferred
by law:
A.
Interpretation. On appeal from an order, requirement,
decision or determination made by an administrative official, or on
request by an official, board or agency of the town, to decide any
of the following questions:
(1)
Determination of the meaning of any portion of the
text of this chapter or of any condition or requirement specified
or made under the provisions of this chapter.
B.
Variances.
(1)
To authorize, upon appeal in specific cases, such
variance from the terms of this chapter as will not be contrary to
the public interest where, owing to exceptional and extraordinary
circumstances, there are practical difficulties and unnecessary hardships
in the way of carrying out the strict letter of this chapter, subject
to terms and conditions to be fixed by the Board of Appeals; provided,
however, that no such variance shall be granted unless said Board
finds:
(a)
That there are physical conditions, such as
in the case of an exceptionally irregular, narrow, shallow or steep
lot, fully described in the findings of said Board, applying to the
land or building for which the variance is sought, which conditions
are peculiar to such land or building and have not resulted from any
act of the applicant or any prior owner.
(b)
That, for reasons fully set forth in the findings
of said Board, the aforesaid circumstances or conditions are such
that the strict application of the provisions of this chapter would
deprive the applicant of the reasonable use of such land or building
and the granting of the variance is necessary for the reasonable use
of the land or building, and that the variance as granted by said
Board is the minimum variance that will accomplish this purpose.
(c)
That the granting of the variance under such
conditions as said Board may deem necessary or desirable to apply
thereto will be in harmony with the general purpose and intent of
this chapter, will not represent a radical departure therefrom, will
not be injurious to the neighborhood, will not change the character
thereof and will not be otherwise detrimental to the public welfare.
(2)
Where said Board finds the zoning classification of
a particular property to be conducive to the deprivation of the reasonable
use of the land or buildings and where said Board finds the same condition
to apply generally to other lands or buildings in the same neighborhood
or zoning district, the said Board shall call this condition to the
attention of the Planning Board and Town Board.
(3)
In all cases where the Board of Appeals grants a variance
from the strict application of the requirements of this chapter, it
shall be the duty of such Board to attach such conditions and safeguards
as may be required in order that the result of its action may be as
nearly as possible in accordance with the spirit and intent of this
chapter.
C.
Temporary certificate of occupancy.
(1)
To authorize, upon denial by the Building Inspector
of a certificate of occupancy, the issuance of a temporary certificate
of occupancy by the Building Inspector for a period not to exceed
90 days for the completion of any alterations that are required under
the provision of any law or ordinance or for the completion of a part
of an uncompleted building, provided that the Board finds that:
(a)
The denial of a certificate of occupancy prior
to completion of the said alterations or of the building would cause
unnecessary hardship; and
(b)
The safety of the occupants of the building
and of adjacent buildings and land would be adequately assured under
such terms and conditions as said Board may prescribe.
(2)
Such temporary certificate shall not be construed
as in any way altering the respective rights, duties or obligations
of the owner or of the Town respective to the use or occupancy of
the land or building or any other matter covered by this chapter.
The powers and duties of the Board of Appeals
shall be exercised in accordance with the following procedure:
A.
The Board of Appeals shall not decide upon any appeal
for a variance, temporary certificate of occupancy or interpretation
of this chapter without first holding a public hearing, notice of
which hearing and of the substance of the appeal or application shall
be given by publication by the applicant in the official newspaper
of the Town at least 10 days before the date of such hearing. In addition
to such published notice, the Board of Appeals shall require such
notice to be mailed by the applicant by certified mail at least 10
days before the hearing to all owners of property which lies within
200 feet of any lot line of the property for which a variance is sought
and to such other owners as the Board of Appeals may deem advisable.
An affidavit of mailing and an affidavit of publication must be presented
at the public hearing.
[Amended 1-12-2009 by L.L. No. 1-2009; 10-4-2021 by L.L. No. 3-2021]
(1)
The names of said owners shall be taken as they appear
on the last completed assessment roll of the town.
(2)
Provided that due notice shall have been published
and that there shall have been substantial compliance with the remaining
provisions of this section, the failure to give notice in exact conformance
herewith shall not be deemed to invalidate action taken by the Board
of Appeals in connection with the granting of any appeal or variance.
B.
All appeals and applications made to the Board of
Appeals shall be in writing and shall be accompanied by a fee of not
less than the actual and necessary costs of advertising and holding
a public hearing. The basic fee shall be as determined in the Standard
Schedule of Fees of the Town of Cornwall as may be adopted from time
to time by resolution of the Town Board.[1]
[1]
Editor's Note: A schedule of fees is on file
in the office of the Town Clerk.
C.
Each appeal or application shall fully set forth the
circumstances of the case, shall refer to the specific provision of
the chapter involved and shall exactly set forth, as the case may
be, the interpretation that is claimed or the details of the variance
that is applied for and the grounds on which it is claimed that the
same should be granted.
D.
Prior to the date of any public hearing, the Secretary
of the Board of Appeals shall transmit to the Secretary of the Planning
Board a copy of any appeal or application, together with a copy of
the notice of such hearing. The Planning Board may submit to the Board
of Appeals an advisory opinion on said appeal or application at any
time prior to the rendering of a decision by the Board of Appeals.
E.
All the provisions of this chapter relating to the
Board of Appeals shall be strictly construed. Said Board, as a body
of limited jurisdiction, shall act in full conformity with all provisions
of law and of this chapter and in compliance with all limitations
contained therein.
F.
Unless construction is commenced and diligently pursued
within 12 months of the date of the granting of a variance, such variance
shall become null and void.
G.
Every decision of the Board of Appeals shall be recorded
in accordance with standard forms adopted by the Board, shall fully
set forth the circumstances of the case and shall contain a full record
of the findings on which the decision is based. Every decision of
said Board shall be by resolution, and each such resolution shall
be filed in the office of the Town Clerk by case number, under one
of the following headings: interpretation; variances; or temporary
certificates of occupancy, together with all documents pertaining
thereto. Regarding its decision in each case, the Board of Appeals
shall notify the Town of Cornwall Building Inspector, Town Board,
Town Planning Board and any designated official of any affected municipality
or agency given notice of hearing.
