Town/Village of Mount Kisco, NY Appeals to Board

All appeals to the Board shall be by notice of appeal, which notice shall contain the information hereinafter set forth, and shall be taken by filing such notice of appeal, together with nine copies thereof and of every paper or document annexed thereto or made part thereof, with the officer from whose ruling or decision the appeal is taken. The Chairman of the Board, upon application of the person taking the appeal (hereinafter referred to as the "appellant") may waive the requirements of the filing of copies of any exhibit or annexation to the notice of appeal when the filing of such copies may be unduly onerous or costly, but in any such case there shall be filed with the notice of appeal nine copies of a summary or description of any exhibit or annexation so omitted, in lieu thereof. The officer from whom the appeal is taken shall forthwith transmit to the Secretary of the Board all of the papers constituting the record upon which the action appealed from was taken, as required by the Village Law.

The notice of appeal shall be addressed to the Zoning Board of Appeals of the Village of Mount Kisco and shall contain the following information:

(1)

The name and post office address of the applicant and the name and post office address of his attorney or agent, if any.

(2)

The name and office of the officer from whose ruling or decision the appeal is taken, the date of such ruling, the date of the filing thereof and the date when notice of such ruling was first received by the appellant and a copy of the ruling or decision appealed from.

(3)

The location of the property which is the subject of the appeal by street and number or distance from any names of nearest intersecting streets and the Tax Map description thereof, as shown on the village records, and the interest of the appellant therein.

(4)

The grounds for the appeal and whether it is claimed that the ruling or decision appealed from is erroneous or whether a variance, permit or special permit is requested.

(5)

In what manner it is claimed that the ruling or decision is erroneous or the grounds upon which the variance, permit or special permit is requested and the provision of any laws, statutes or ordinances authorizing the granting thereof.

(6)

If a variance, permit or special permit is requested, there shall be set forth whether there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the Zoning Ordinance of the Village of Mount Kisco,[1] and the nature thereof, whether the public convenience and welfare will be substantially served and the appropriate use of neighboring property will not be injured by the granting thereof and whether the granting of such variance, permit or special permit will tend to depreciate the value of the properties in the neighborhood, conflict with or impede the trend of the type and character of buildings under construction or reconstruction or already constructed in the neighborhood, create a fire hazard or nuisance, tend to affect adversely the stability of the neighborhood, tend in any way to prejudice adjoining and neighboring properties and tend to substantially alter the Comprehensive Development Plan of the Village and tend in any way to increase motor vehicle parking requirements in public roads, streets or highways.

[1]

Editor's Note: See Ch. 110, Zoning.

There shall be annexed to and made a part of the notice of appeal a site plan of the property which is the subject of the appeal, showing all adjoining properties and the names and addresses, as shown on the Tax Map records of the Village of Mount Kisco, or if outside of such village, as shown on the town records of the town in which such property is located, of the owners or their agents of all of the following land:

(1)

Land located within 300 feet of the periphery of the property which is the subject of the appeal.