[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. 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. 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.
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. 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. 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. Referrals.
(1) 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) 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.