A. 
A Board of Appeals is hereby created. Said Board shall consist of five members appointed by the Village Board, who shall also designate a Chairperson. Of the members of the Board of Appeals first appointed, one shall hold office for the term of one year, one for the term of two years, one for the term of three years, one for the term of four years and one for the term of five years. All terms shall run concurrent with the Village's governmental year which begins on April 1. Their successors shall be appointed for terms of five years from and after the expiration of the terms of their predecessors in office.
B. 
In making such appointments, the Village Board may require Board of Appeals members to complete training and continuing education courses in accordance with any local requirements for the training of such members. The Village Board may reimburse the members for appropriate expenses incurred in obtaining training. If a vacancy shall occur otherwise than by expiration of term, it shall be filled by the Village Board for appointment for the unexpired term.
C. 
No person who is a member of the Village Board shall be eligible for membership on such Board of Appeals.
D. 
The Mayor shall have the power to remove, after public hearing, any member of the Zoning Board of Appeals for cause and may provide by local law for removal, after public hearing, of any Board of Appeals member for noncompliance with minimum requirements relating to meeting attendance and training as established by the Village Board by local law.
E. 
The Village Board may provide for compensation to be paid to experts, clerks and a secretary and provide for such other expenses as may be necessary and proper, not exceeding the appropriation made by the Village Board for such purpose.
F. 
All meetings of the Board of Appeals shall be held at the call of the Chairperson and at such other times as such Board may determine. Such Chairperson or, in his/her absence, the Acting Chairperson may administer oaths and compel the attendance of witnesses.
G. 
The Board of Appeals shall establish such rules and regulations as are required by state and local laws for the transaction of its business and may amend, modify and repeal the same from time to time.
A. 
Meetings, minutes and records. Meetings of such Board of Appeals shall be open to the public to the extent provided in Article 7 of the Public Officers Law. Such Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact, and shall a keep records of its examinations and other official actions.
B. 
Filing requirements. Every rule, regulation, every amendment or repeal thereof and every order, requirement, decision or determination of the Board of Appeals shall be filed in the office of the Village Clerk within five business days and shall be a public record.
C. 
Hearing appeals. The Board of Appeals shall hear and decide appeals from and review any order, requirement, decision, interpretation or determination made by an administrative official charged with the enforcement of this chapter. Such Board shall have the authority to call upon any department, agency or employee of the Village for such assistance as shall be deemed necessary and as shall be authorized by the Village Board. Such department, agency or employee shall be reimbursed for any expenses incurred as a result of such assistance. The concurring vote of not less than three members of the Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of any such administrative official or to grant a use variance or area variance. Such appeal may be taken by any person aggrieved or by an officer, department or board of the Village.
D. 
Time of appeal. Such appeal shall be taken within 60 days after the filing of any order, requirement, decision, interpretation or determination of the administrative official charged with the enforcement of this chapter 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.
E. 
Stay upon appeal. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the administrative official charged with the enforcement of this chapter certifies to the Board of Appeals, after the notice of appeal shall have been filed with the administrative official, that by reason of facts stated in the certificate, a stay would, in his/her opinion, cause imminent peril to life or property, in which 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 administrative official from whom the appeal is taken and on due cause shown.
F. 
Hearing on appeal. The Board of Appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it and give public notice of such hearing by publication in a paper of general circulation in the Village at least five days prior to the date thereof. The cost of sending or publishing any notices relating to such appeal or a reasonable fee relating thereto shall be borne by the appealing party and shall be paid to the Board of Appeals prior to the hearing of such appeal. Upon the hearing, any party may appear in person or by agent or attorney.
G. 
Additional public notice. The applicant shall place one sign on the property for which an appeal is requested. Said sign shall be provided by the Village at the time the appeal is filed. The sign shall be placed in a location which is easily read from a public street. The sign shall specify the date, time and place of the public hearing and a telephone number to call for more specific information. Such sign shall be placed on the site not less than five days prior to the public hearing and shall be brought to the hearing by the applicant or his/her designated representative.
H. 
Notice to Park Commission and County Planning Board. At least five days before such hearing, the Board of Appeals shall mail notices thereof to the parties and to the Regional State Parks Commission having jurisdiction over any state park or parkway within 500 feet of the property affected by such appeal and to the County Planning Board as required by § 239-m of the General Municipal Law, which notice shall be accompanied by a full statement of the matter under consideration, as defined in Subdivision 1 of § 239-m of the General Municipal Law.
I. 
Time of decision. 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.
J. 
Filing of decision and notice. The decision of the Board of Appeals on the appeal shall be filed in the office of the Village Clerk within five business days after the day such decision is rendered and a copy thereof mailed to the applicant.
A. 
Interpretations, requirements, decisions and determinations. The Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, interpretation or determination appealed from and shall make such order, requirement, decision, interpretation or determination as in its opinion ought to have been made in the matter by the administrative official charged with the enforcement of such chapter and to that end shall have all the powers of the administrative official from whose order, requirement, decision or determination the appeal is taken.
B. 
Use variances.
(1) 
The Board of Appeals, on appeal from the decision or determination of the administrative officer charged with the enforcement of this chapter, shall have the power to grant use variances, authorizing a use of the land which otherwise would not be allowed or would be prohibited by the terms of this chapter.
(2) 
No such use variance shall be granted by the Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship, the applicant shall demonstrate to the Board of Appeals that for each and every permitted use under the zoning regulations for the particular district where the property is located:
(a) 
The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;
(b) 
The alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the zone district or neighborhood;
(c) 
The requested use variance, if granted, will not alter the essential character of the neighborhood; and
(d) 
The alleged hardship has not been self-created.
(3) 
The Board of Appeals, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proven by the applicant and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
C. 
Area variances.
(1) 
The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of an administrative official charged with the enforcement of this chapter, to grant area variances from the area or dimensional requirements of this chapter.
(2) 
In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination, the Board shall also consider whether:
(a) 
An undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance;
(b) 
The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;
(c) 
The requested area variance is substantial;
(d) 
The proposed variance will have an averse effect or impact on the physical or environmental conditions in the neighborhood or zone district; and
(e) 
The alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of the area variance.
(3) 
The Board of Appeals, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
D. 
Imposition of conditions. The Board of Appeals shall, in the granting of both use variances and area variances, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. Such conditions shall be consistent with the spirit and intent of this chapter and shall be imposed for the purpose of minimizing any adverse impact that such variance may have on the neighborhood or community.
E. 
Rehearing. A motion for the Board of Appeals to hold a rehearing to review any order, decision or determination of the Board not previously reviewed may be made by any member of the Board. A unanimous vote for all members of the Board then present is required for such rehearing to occur. Such rehearing is subject to the same notice provisions as an original hearing. Upon such rehearing, the Board may reverse, modify or annul its original order, decision or determination upon the unanimous vote of all members then present, provided that the Board finds that the rights vested in persons acting in good faith in reliance upon the reviewed order, decision or determination will not be prejudiced.
A. 
Application to Supreme Court by aggrieved persons. Any person or persons, jointly or severally aggrieved by any decision of the Board of Appeals or any officer, department or board of the Village, may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules. Such proceeding shall be instituted within 30 days after the filing of a decision of the Board in the office of the Village Clerk or in the office designated by resolution of the Village Board. The Court may take evidence or appoint a referee to take such evidence as it may direct and report the same with his/her findings of fact and conclusions of law, if it shall appear that testimony is necessary for the proper disposition of the matter. The Court, at special term, shall itself dispose of the cause on the merits, determining all questions which may be presented for determination.
B. 
Costs of appeal. Costs shall not be allowed against the Board of Appeals unless it shall appear to the Court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from.
C. 
Preference of appeal to Court. All issues in any proceeding under this section shall have preference over all other civil actions and proceedings.
D. 
Power of Court. If, upon the hearing at a special term of the Supreme Court, it shall appear to the Court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the Court with his/her findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the Court shall be made. The Court may reverse or affirm, wholly or partly, or may modify the decision brought up for review, determining all questions which may be presented for determination.
A. 
Pursuant to the provisions of the Village Law applicable thereto, the Village Board hereby creates a Planning Board. The existing Planning Board shall be continued.
B. 
The Planning Board shall consist of five members each with a term of five years. The terms of membership shall run concurrent with the Village's governmental year which begins on April 1. Terms shall be so fixed that the term of one member shall expire at the end of the Village governmental year in which such members were initially appointed. The terms of the remaining members first appointed shall be so fixed that one term shall expire at the end of each governmental year thereafter. At the expiration of the term of each member first appointed, his/her successor shall be appointed for a five-year term.
C. 
Members and the Chairperson of such Planning Board shall be appointed by the Mayor, subject to confirmation by the Village Board. In making such appointments, the Village Board may require Planning Board members to complete training and continuing education courses in accordance with any local requirements for the training of such members. The Village Board may reimburse the members for appropriate expenses incurred in obtaining training. In the absence of a Chairperson, the Planning Board may designate a Chairperson.
D. 
No person who is a member of the Village Board shall be eligible for membership on the Planning Board.
E. 
If a vacancy shall occur otherwise than by expiration of term, the Mayor shall appoint the new member for the unexpired term, subject to confirmation by the Village Board.
F. 
The Mayor shall have the power to remove, after public hearing, any member of the Planning Board for cause and may provide by local law for removal, after public hearing, of any Planning Board member for noncompliance with minimum standards relating to meeting attendance and training as established by the Village Board by local law.
G. 
The Village Board shall make appropriations as it may see fit for Planning Board expenses and may provide for the compensation of Planning Board members. The Planning Board shall have the power and authority to employ experts, clerks and a secretary and to pay for their services and to provide for such other expenses as may be necessary and proper, not exceeding in all the appropriation that may be made therefor by the Village Board.
H. 
All meetings of the Planning Board shall be held at the call of the Chairperson and at such other times as such Board may determine. Such Chairperson or, in his/her absence, the Acting Chairperson may administer oaths and compel the attendance of witnesses.
I. 
No person shall be disqualified from service as a member of the Planning Board by reason of serving as a member of the Town or County Planning Board.
J. 
The Planning Board shall establish such rules and regulations as are required by law and the provisions herein for the transaction of its business and may amend, modify and repeal the same from time to time.
The Planning Board is hereby vested with the powers and duties subject to the limitations set forth in § 7-718 of Article 7 of the Village Law, as the same may be amended, modified or changed from time to time, or any sections subsequently adopted pertaining to Planning Boards. In this regard, the Planning Board shall have the following powers and duties:
A. 
To assist the Village Board in amending the Cuba Village Plan for the development of the Village.
B. 
To review proposals to approve or disapprove the laying out, closing off, abandonment or changes in lines of streets, highways and public areas and to make recommendations on such actions to the Village Board.
C. 
To make investigations and reports relating to the planning and development of the Village as it deems desirable. This shall include but not be limited to changes in boundaries of districts, recommended changes in the provisions of this chapter, other land use and development matters of importance to the Planning Board and to act on any matter lawfully referred to it by the Village Board.
D. 
To review, act on or provide advisory reports as specified by this chapter.
E. 
To review and approve, approve with modifications or disapprove site plans, prepared to specifications set forth in this chapter, showing the arrangement, layout and design of proposed uses, buildings and/or structures shown on such plan.
F. 
To review and approve, approve with modifications or disapprove applications for special use permits specified under conditions set forth by this chapter.
G. 
To review and approve, approve with modifications or disapprove plats showing lots, blocks or sites for subdivisions under § 7-728 of Article 7 of the Village Law.
H. 
All such powers as are conferred upon Village Planning Boards by the provisions of the Village Law, now or hereafter in effect.