Article XI Zoning Board of Appeals

This section is enacted to provide a process for appointing alternate members of the Zoning Board of Appeals.

Two alternate members of the Zoning Board of Appeals may be appointed by the Town Board for terms of up to two years, with the terms to expire on December 31 of the second year after the date of their initial appointment.

The Chairperson of the Zoning Board of Appeals shall designate an alternate to substitute for a member when such member is unable to participate on an application or matter before the Board owing to a conflict of interest or when a member notifies the Chair that he or she will be absent for two or more consecutive meetings. When so designated, the alternate member shall possess all the powers and responsibilities of such member of the Zoning Board of Appeals. Such designation shall be made by the Chairperson on a rotating basis commencing with the alternate first appointed by the Town Board following the effective date of this section. Each designation shall be entered into the minutes of the initial Zoning Board meeting at which the substitution is made.

(4)

Alternate members shall regularly attend the scheduled meetings and/or work sessions of the Zoning Board of Appeals to which they may be designated so as to be available for designation when required and to be familiar with the applications and/or matters pending before such Board.

(5)

Alternate members shall serve without compensation.

(6)

All provisions of state law relating to Zoning Board of Appeals member attendance, eligibility, vacancy in office, removal, compatibility of office and service on other boards, as well as provisions of any local law or ordinance relating to training and continuing education, shall also apply to alternate members.

§ 116-68 Powers and duties.

The Zoning Board of Appeals shall have all the powers and duties prescribed by law and by this chapter, which are more particularly specified as follows:

Interpretation.

To hear and decide questions where it is alleged there is an error in any order, requirement, decision or determination made by the Zoning Enforcement Officer involving the interpretation of any provision of this chapter.

To decide upon the following questions upon request by an administrative official, board or agency of the town:

(a)

Determination of the meaning of any portion of the text of this chapter or of any conditions or requirement specified or made under the provisions of this chapter.

(b)

Determination of the exact location of any district boundary shown on the Zoning District Map.

Variances. To authorize, upon appeal in specific cases and while maintaining the principal objective of protecting the public interest, variances from the terms of this chapter in situations where, due to documentable exceptional and extraordinary circumstances, there would result unnecessary hardships or practical difficulties due to the strict application of the provisions of this chapter. The Board of Appeals may grant no such variance unless the Board finds:

That there are special physical conditions, such as the case of an exceptionally irregular, narrow, shallow or steep lot, fully described in the findings of the Board, applying to the land or building for which the variance is sought, which conditions are peculiar to such land or building and do not generally apply to lands or buildings in the vicinity or the neighborhood and have not resulted from any act of the applicant or any predecessor in title;

That, for reasons fully set forth in the findings of the Board, the aforesaid circumstances or conditions are such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of such land or building and the granting of the variance is necessary for the reasonable use of the land or building, and that the variance as granted by the Board is the minimum variance that will permit reasonable use of the land or building. The needs or desires of a particular owner or tenant or of a particular prospective owner or tenant shall not, either alone or in conjunction with other factors, afford any basis for the granting of a variance. The fact that the improvements already existing at the time of the application are old, obsolete, outmoded or in disrepair or the fact that the property is then unimproved shall not be deemed to make the plight of the property unique or to contribute thereto. Where the Board finds the zoning classification of a particular property to be conducive to the deprivation of the reasonable use of the land or building by the owner thereof, and where the Board deems the same condition to apply generally to other land or buildings in the same neighborhood or district, said Board may call this condition to the attention of the Town Board and may recommend to said Board a general amendment of this chapter;

That the granting of the variance under such conditions as the Board may deem necessary or desirable to apply thereto will be in harmony with the general purpose and intent of this chapter, will not represent a substantial departure therefrom, will not be injurious to the neighborhood or to adjacent properties, will not change the character thereof and will not be otherwise detrimental to the public welfare.

Nonconforming uses. To review any request for change of a nonconforming use to a similar or more restrictive use.

§ 116-69 Procedure.

The Zoning Board of Appeals shall act in strict accordance with the procedure specified by § 267 of the Town Law and this chapter.

Meetings. Meetings shall be held at the call of the Chairman or at such other times as the Board of Appeals may determine. A quorum shall consist of three members, but in order to reverse a decision of the Zoning Enforcement Officer or authorize a variance, an affirmative vote of at least three members shall be required. A favorable vote of a majority plus one, i.e., of at least four members, shall also be required if the action taken by the Zoning Board of Appeals is contrary to an advisory recommendation received from the Ulster County Planning Board under the provisions of § 239 of the General Municipal Law. The Board shall keep accurate minutes of its proceedings, documenting fully all findings and showing the vote of each member upon each question. All meetings of the Board of Appeals shall be open to the public.

Application and fee. All appeals and applications made to the Board shall be in writing, on forms prescribed by the Board, within 30 days of the action appealed from, and shall be accompanied by the applicable fee in accordance with the fee schedule annually reviewed and established by the Town Board. Every appeal or application shall refer to the specific provision of this chapter that is involved and shall precisely set forth either the interpretation that is claimed or the details of the variance that is applied for and the grounds on which it is claimed that such variance should be granted.

Public notice and hearing. The Board shall fix a reasonable time and place for a public hearing on any such appeal or application, of which hearing date the appellant shall be given notice and at which hearing he shall appear in person or by agent. The Board shall additionally provide notice as follows:

By publishing, at least 10 calendar days prior to the date thereof, a legal notice in the official newspaper of the town.

By requiring that the Secretary of the Board of Appeals provide notice, at least 10 calendar days prior to the date thereof, of the substance of every appeal for a variance, together with a notice of the hearing thereon, by mailing such to the owners of all property abutting that of the applicant and all owners of property directly opposite and across any public or private road, or such additional distances as the Board of Appeals may deem advisable, from the boundaries of the land involved in the appeal. Compliance with this notification procedure shall be certified by the Secretary.

[Amended 4-14-1999 by L.L. No. 1-1999]

(a)

The names of owners notified shall be taken as such appear on the last-completed tax roll for the town.

(b)

Provided that there has been substantial compliance with this provision, the failure to give notice in exact conformance herewith shall not be deemed to invalidate an action taken by the Board of Appeals in either granting or denying an appeal for a variance from the specific provision of this chapter.

By requiring the Secretary of the Board of Appeals to transmit to the Secretary of the Planning Board a copy of any appeal for a variance, together with a copy of the notice of such hearing, at least 30 calendar days prior to the date thereof. The Board of Appeals shall request that the Planning Board submit to the Board of Appeals an advisory opinion prior to the date of such hearing. Upon failure of the Planning Board to submit such report, said Board shall be deemed to have recommended approval of the appeal for variance.

(4)

If the land involved in the appeal lies within 500 feet of the boundary of any other municipality, the Secretary of the Board of Appeals shall also submit at least five calendar days prior to the public hearing, to the Municipal Clerk of such other municipality or municipalities, a copy of the notice of the substance of every appeal, together with a copy of the official notice of such public hearing.

Required referral.

A full statement of any appeal that meets the specific referral requirements of §§ 239-l and 239-m of the General Municipal Law shall also be referred prior to the public hearing to the Ulster County Planning Board for its review. No action shall be taken by the Board of Appeals on such appeal until an advisory recommendation has been received from said County Planning Board or 30 calendar days have elapsed since the Planning Board received such full statement.

Such actions shall include those which affect property located within 500 feet of the following:

(a)

Municipal boundary.

(b)

Boundary of any existing or proposed county or state park or other recreation area.

(c)

Right-of-way of any existing or proposed county or state road or highway.

(d)

Existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines.

(e)

Existing or proposed boundary of any county- or state-owned land on which a public building or institution is situated.