A.Â
Pursuant to applicable provisions of the Village Law,
there shall be a Board of Appeals consisting of five members and two
alternate members appointed by the Mayor and ratified by the Village
Board of Trustees. No member of the Board of Appeals shall be a member
of the Village Board of Trustees.
[Amended 6-16-2003 by L.L. No. 2-2003]
B.Â
Each successor to an original appointee shall be appointed
for a term of three years. A vacancy occurring for reason other than
by expiration of a term shall be filled by the Village Board of Trustees
by appointment for the unexpired term only.
C.Â
The Board of Appeals shall have the power to make,
adopt, and promulgate such written rules of procedure, bylaws and
forms as it may deem necessary for the proper execution of its duties
and to secure the intent of this chapter. Such rules, bylaws and forms
shall not be in conflict with, nor have the effect of waiving any
provision of, this chapter or any other Law of the Village of Saugerties.
D.Â
Alternate members shall be appointed for terms of
three years. The Chairman may designate an alternate member to substitute
for a member when such member is unable to participate because of
a conflict of interest on an application or matter before the Board.
When so designated, the alternate member shall possess all the powers
and responsibilities of such member of the Board. Such designation
shall be entered into the minutes of the initial Board of Appeals
meeting at which the substitution is made. All provisions of this
article relating to Board of Appeals’ member training and continuing
education, attendance, conflicts of interest, compensation, eligibility,
vacancy in office, removal, and service on other boards shall also
apply to alternate members.
[Amended 8-16-2010 by L.L. No. 4-2010]
A.Â
The Board of Appeals is governed by, and shall act
in strict accordance with, the procedures specified by Village Law,
this chapter, and its own duly adopted rules, bylaws, and forms. Upon
proper request made in the form and manner prescribed by the Board
and accompanied by a fee in accord with a schedule adopted by the
Village Board, the Zoning Board of Appeals shall perform the following
functions:
(1)Â
Hear and decide any question properly brought before
it involving the interpretation of any provision of this chapter;
(2)Â
Hear and decide appeals from any decision, determination,
act, or failure to act of the enforcement officer, and all matters
properly referred to it by the enforcement officer;
B.Â
In exercising the above-mentioned powers, and duties,
the Board of Appeals may, in conformity with Village Law, reverse,
affirm or modify the order, requirement, decision or determination
appealed from and shall make such order, requirement, decision or
determination as ought to be made in the case referred to it. To that
end the Board shall have all the powers of the enforcement officer
from whom the appeal is made. The concurring vote of a majority of
the Board of Appeals shall be necessary to reverse any order, requirement,
decision, or determination of the enforcement officer or to decide
in favor of the applicant any matter upon which such Board is required
to pass.
[Amended 6-16-2003 by L.L. No. 2-2003]
The Board of Appeals on due notice shall hold
a public hearing on every appeal and application for a variance referred
to said Board or upon which it is required to pass under this chapter.
A.Â
Notice. Notice of each public hearing shall be published
in a newspaper of general circulation in the Village of Saugerties
at least five days prior to such hearing. In addition, the Village
Clerk shall send notice of such hearing and an explanation of any
change sought, to all property owners within 200 feet of the subject
property. Such notices shall be sent to the last known address as
shown on the most recent Village tax records and mailed at least five
days prior to such public hearing.
B.Â
Findings and conclusions. Within 62 days after such
public hearing, and after considering the application, the Board of
Appeals shall either grant or deny the request or appeal and make
a written report on the findings and conclusions concerning the subject
matter of such hearing, including the reasons for the grant or denial
of the relief sought. Such decision shall be filed in the office of
the Village Clerk within five days.
The Board of Appeals shall upon proper request
interpret any provision of this chapter about which there is uncertainty,
lack of understanding or misunderstanding, ambiguity, or disagreement,
and shall determine the exact location of any zoning district boundary
about which there may be uncertainty or disagreement.
A.Â
Any person allegedly aggrieved by a decision, determination,
act, or refusal to act, of the enforcement officer may file an appeal
with the Board of Appeals. Such request shall clearly state the decision,
determination, act, or failure to act, of the enforcement officer
from which the appeal is taken.
B.Â
Stay of proceedings.
(1)Â
Any appeal from a decision of the enforcement officer
properly filed with the Board of Appeals shall stay all proceedings
in furtherance of the action appealed from, unless the enforcement
officer certifies to the Board of Appeals that by reason of facts
stated in the certification, a stay would, in his opinion, cause imminent
peril to life and property.
(2)Â
The Board of Appeals shall have the power to grant
a restraining order to stay all proceedings in furtherance of the
action appealed from, over any action by the enforcement officer from
whom the appeal is taken, upon notice to the enforcement officer and
on due cause shown.
Where strict application of any of the requirements
of this chapter in the case of exceptionally irregular, narrow, shallow
or steep lots, or other exceptional physical conditions would result
in practical difficulty or unnecessary hardship that would deprive
the owner of the reasonable use of his land or building, but in no
other case, the Board of Appeals shall have the power, in passing
upon appeals, to grant a variance to any of the regulations or provisions
of this chapter relating to the area, bulk, construction or alteration
of building or structures, or the use of land and buildings, so that
the spirit of this chapter shall be observed; public health, safety
and welfare secured; and substantial justice done. Application for
such variance shall clearly state the specific provisions of this
chapter from which a variance is sought, the special circumstances
which allegedly justify such variance, and the interpretation or ruling
which is desired.
A.Â
Criteria for granting variances. The Board of Appeals
shall have the power to grant area and use variances in accordance
with the criteria set forth in Village Law § 7-712b.
[Amended 6-16-2003 by L.L. No. 2-2003]
B.Â
Conditions and compliance to law. In granting any
variance the Board of Appeals may prescribe any conditions that it
deems to be necessary or desirable. The granting of a variance to
any provisions of this chapter shall not obviate the necessity of
complying in every other respect with the other provisions of this
chapter.
C.Â
Referrals.
(1)Â
Referral to the Village Planning Commission. At least
30 days before the date of a public hearing held in connection with
any application for a variance submitted to the Board of Appeals,
the Board of Appeals shall transmit to the Planning Commission a copy
of said application, and shall request that the Planning Commission
submit to the Board of Appeals its advisory opinion on said application
prior to the date of said hearing. The failure of the Planning Commission
to submit such report shall be interpreted as a favorable opinion
for the granting of the variance applied for.
(2)Â
Referral to Ulster County Planning Board. Any application for a variance involving real property lying within 500 feet of any of the features listed under § 210-63B(1) shall be referred to the Ulster County Planning Board prior to final action in accord with §§ 239-l and 239-m of the General Municipal Law.
