[Amended 3-28-2022 by L.L. No. 4-2022; 7-10-2023 by L.L. No. 8-2023]
The Board of Appeals is hereby created. Said
Board shall consist of five members and one alternate member who shall
serve as a replacement member in the event that one of the five members
is absent from a meeting, all to be appointed by the Town Board, which
shall also designate a Chairman, all in accordance with Town Law Article
16. The members of the Board of Appeals and the alternate member shall
be appointed for a term of five years. If a vacancy shall occur otherwise
than by expiration of the term, it shall be filled by the Town Board
by appointment for the unexpired term.
[Amended 3-28-2022 by L.L. No. 4-2022]
A.Â
The Board of Appeals shall hear appeals to decide any question involving
the interpretation of any provision of this chapter and appeals for
variances from the enforcement officer, as set forth and in accordance
with the procedures set forth in the Town Law Article 16, as therein
provided or hereafter amended.
B.Â
The Board of Appeals shall be, and is hereby designated, the board to hear all planning and subdivision applications pursuant to § 235-41 (site plan) and § 235-42 (special permit) and Chapter 210 (subdivision) of the Town Code. It is the intention and purpose of the Town Board through this section to transfer and delegate all responsibility of the former Planning Board to the Board of Appeals. To the extent necessary, pursuant to Municipal Home Rule Law § 10 and § 22, it is the express intention of the Town Board to supersede the provisions of Town Law § 267 related to the designated duties of the Board of Appeals.
C.Â
Applications to board of appeals.
(1)Â
All appeals and applications made to the Board shall be in writing,
on forms prescribed by the Board.
(2)Â
Every appeal or application shall refer to the specific provision
of this chapter involved and shall exactly set forth the interpretation
that is claimed, the use for which the special permit is sought or
the details of the variance that is applied for and the grounds on
which it is claimed that the variance should be granted, as the case
may be.
(3)Â
Each application to the Board of Appeals for an interpretation or
variance shall be accompanied by a fee established by resolution of
the Town Board.
D.Â
Effect. Nothing contained herein shall diminish, overturn or put
in question the decisions that have been previously made by the Planning
Board before this abolition and merger is effectuated.
[Added 2-12-2007 by L.L. No. 5-2007]
A.Â
Each member (including alternate members) of the Zoning
Board of Appeals shall be required to attend a minimum of 75% of Zoning
Board meetings held within a calendar year.
B.Â
Each member of the Zoning Board of Appeals shall complete,
at a minimum, four hours of training during each calendar year, designed
to enable such members to more effectively carry out their duties.
If the first year of a member’s term does not include a complete
calendar year, the Town Board, at the time of appointment, shall determine
the number of hours of training required for such partial calendar
year. Up to two hours of training received by a member in excess of
four hours in any one calendar year may be carried over by the member
into the succeeding year in order to meet the requirements herein.
Such training shall be approved in advance by the Town Board and may
include, but not be limited to, training provided by a municipality,
regional, state or county planning federation, state agency, statewide
municipal association or federation, college or other similar entity.
Training may be provided in a variety of formats, including, but not
limited to, electronic media, video, distance learning and traditional
classroom training. The cost of such seminars, workshops or continuing
education courses or other types of training so designated shall be
a Town charge. The Town Board, after discussion with the Chairperson
of the Zoning Board of Appeals, shall each year designate and approve
in advance such seminars, workshops, continuing education courses
or other types of training which may be offered within a reasonable
distance. The training required herein may be waived or modified by
resolution of the Town Board when, in the judgment of the Town Board,
it is in the best interests of the Town to do so.
C.Â
No decision of a Zoning Board of Appeals shall be
voided or declared invalid because of a failure to comply with this
section.
D.Â
To be eligible for reappointment to the Zoning Board
of Appeals, a member shall have completed the training required herein
and shall have attended the required percentage of meetings as provided
herein. Noncompliance with either the training requirements or the
attendance requirements shall be a proper cause for removal of a member.
E.Â
The Town Board shall have full discretion and authority
to decide whether or not to remove such member from the Zoning Board
of Appeals for a failure to comply with the attendance or training
requirements. The Town Board shall consider whatever factors it believes
to be relevant in making the determination, including the reasons
for the failure to obtain such training or for the absences from meetings,
but the Town Board shall not be required to accept any proffered excuse
or reason for nonattendance or reason for such failure or failures
but shall act as it sees reasonably fit in light of the circumstances
surrounding the cause or causes for removal. Removal of a member from
office shall be preceded by delivery of a written notification of
noncompliance, together with an offer of a public hearing on the matter.
