In any case where, under the provisions of this
chapter, the granting of a special exception use permit or a hearing
in connection therewith is conditioned upon notice to or the written
consents of owners within a prescribed area, the Board of Appeals,
after giving due consideration to the general neighborhood, its topography,
general character and trend of development, may prescribe such lesser
area as the Board of Appeals may deem appropriate under the circumstances.
A.
An application for a special exception use permit
shall be in writing, subscribed to and verified by the owner of the
property for which the permit is sought or by the agent of the owner
thereunto duly authorized by an instrument in writing, duly executed
and acknowledged, as in the case of a deed, by the owner of the aforesaid
property.
B.
In the event that the special exception use is to
be conducted by a lessee, said lessee shall join in the application
and subscribe and verify the application in person or by the lessee's
duly authorized agent, in the same manner as the owner.
C.
In the event that such application is made by an agent
in behalf of the owner or the owner and lessee, there shall be attached
to the application an authorization duly executed and acknowledged,
as in the case of a deed, by the owner or by the owner and the lessee,
as the case may be.
D.
In the event that a lessee shall be interested in
the application, a photostatic copy of the lease shall accompany the
application.
E.
The application may be filed with the Board of Appeals
in the first instance, without first applying to the Building Inspector
for a building permit.
F.
The application shall be made upon such form or forms
and accompanied by such site and plot plans, contour maps and building
plans and specifications and other pertinent data and information
as may be required by the Board of Appeals in each case. Each application
shall set forth the full circumstances and conditions involved therein
and the grounds on which a special exception use permit is sought.
[Amended 6-8-2006 by L.L. No. 7-2006; 6-12-2008 by L.L. No.
4-2008; 12-9-2010 by L.L. No. 8-2010]
A.
Notice of public hearing with respect to an application for a special
exception use permit shall be given by publication thereof in the
official newspaper of the Town at least 10 days in advance of the
hearing. Notice shall also be required to be given to all owners of
property, including individual owners of condominiums, within a distance
of 500 feet of the property lines of the applicant at least 10 days
in advance of the hearing. Said notice shall be in such form as the
approving authority shall prescribe and shall be sent to each owner
within said distance by first-class mail to the last known address
on the tax records.
B.
A copy of the notice of a public hearing shall be mailed at least
10 days prior to the public hearing date to the Clerk of any municipality
where the land included within the site plan is within 500 feet of
such municipality.
C.
Before the hearing, there shall be filed, with the approving authority,
affidavits of the publication and mailing of the notice of hearing.
The expense of publishing and mailing any notice required by this
chapter shall be paid for by the applicant.
D.
In its discretion, the approving authority may waive the time requirements
aforesaid, provided that notice is given within the time provided
for in § 267, Subdivision 5,[1] of the Town Law. Failure of the approving authority to
give notice as provided in this chapter shall not invalidate any determination
of the approving authority.
[1]
Editor's Note: So in original.
E.
Notification sign.
(1)
With respect to any application for a special exception use
permit, the applicant shall securely place and maintain a sign on
the subject property at least 10 days prior to the date of the first
Board of Appeals meeting (or first Planning Board meeting, when applicable)
for which the application is on the agenda.
(2)
Such signs shall be at least 30 inches in length by 20 inches
in width, shall consist of sturdy and serviceable materials containing
a white background with black legible letters of at least two inches
in height and shall be placed in a location plainly visible from the
most commonly traveled street or highway upon which the property fronts,
but in no case more than 20 feet back from the front lot line. Such
sign shall be at least six feet above the ground and shall read as
follows: "A PROPOSED SPECIAL EXCEPTION USE PERMIT APPLICATION FOR
THIS PROPERTY WILL BE DISCUSSED AT A [BOARD OF APPEALS OR PLANNING
BOARD] MEETING ON (fill in date) AT (fill in time) AT THE SOMERS TOWN
HOUSE. FOR INFORMATION CALL (914) 277-5582."
(3)
The applicant shall update the sign and post it at least 10
days prior to the date of each subsequent meeting or public hearing.
The word "meeting" shall be similarly updated to "public hearing"
and the word "discussed" shall be similarly changed to "heard."
(4)
At least seven days prior to the date of the meeting or hearing(s)
for which the sign is posted, the applicant shall submit to the approving
authority an affidavit stating to the fact and date of the posting.
(5)
The applicant shall remove the sign within seven days after
the date of the meeting or hearing for which the sign is posted.
[Amended 4-29-1965; 12-9-2010 by L.L. No. 8-2010]
A.
The approving authority shall determine each application upon the
merits only after public hearing and in conformity with the following
standards and guides:
(2)
The approving authority's deliberation and determination shall
be made in accordance with the Comprehensive Plan and design set forth
in this chapter to lessen congestion in the streets; to secure freedom
from fire, panic and other dangers; to promote health and general
welfare; to provide adequate light and air; to prevent overcrowding
of land; to avoid undue concentration of population; to facilitate
adequate provisions of transportation, water, sewage, schools and
other public requirements, as one or more of such standards may apply
to the particular use.
(3)
The deliberation and determination of the approving authority
shall be made with reasonable consideration, among other things, as
to the character of the district and its peculiar suitability for
the particular uses and with a view to conserving the values of buildings
and property generally and to encourage the most appropriate use of
land throughout the municipality.
(4)
In addition to, but not in any way limiting the application
of the general standards herein specified, the approving authority
shall give substantial weight to an application when it is found as
a fact that the maintenance of the particular use, together with the
improvements incidental thereto, will not tend to depreciate the value
of property in the neighborhood and particularly existing dwellings;
and that the use will not conflict with or impede the trend of the
type and character of dwelling or improvements under construction
or reconstruction in the neighborhood and future dwellings or improvements
to which the neighborhood may reasonably lend itself in the foreseeable
future.
(5)
The location, nature, extent and height of any building, structure,
wall or fence and the nature and extent of any landscaping shall be
such as will not hinder or discourage the appropriate development
and use of property in the general neighborhood.
(6)
The issuance of any permit hereunder for any public utility
use in any residence district shall be subject to the finding that
the establishment of the particular use in the subject location is
necessary and convenient for the efficient operation of the particular
utility system of which said use is a part or for the provision of
service, by the utility, to the neighborhood in which the particular
use is located.
(8)
In acting upon any application for a special exception use permit,
the approving authority may impose any conditions that it deems necessary
to promote the reasonable application of the foregoing standards,
as well as any other general or special standards set forth in this
chapter, and may deny any such application, but only in accordance
therewith.
(9)
Nothing in this section provided shall be deemed to authorize the approving authority to grant a special exception permit except in strict conformity with Articles XI through XV and XVII through XIX of this chapter, and no change in any use provisions of this chapter shall be permitted except as expressly provided in said articles.
B.
In granting the application, in whole or in part, the approving authority
may attach thereto such conditions as the approving authority, in
its discretion, may deem necessary to promote the health, safety and
general welfare of the Town of Somers.
C.
The determination of the approving authority shall be in writing,
signed by the Chairman or, in the absence of the Chairman, by such
other member as the approving authority may, by resolution, determine
and shall be filed with the Town Clerk within five days. A certified
copy of the decision shall be mailed to each applicant within three
days of such filing.
Upon completion of the improvements authorized
by the special exception use permit, the applicant may apply to the
Building Inspector for a certificate of occupancy without further
application to the Board of Appeals; and the Building Inspector shall,
after personally inspecting the premises involved, issue a certificate
of occupancy, provided that the conditions attached to the granting
of the permit have been duly and fully complied with. In the event
of the failure or refusal of the Building Inspector to issue a certificate
of occupancy, the applicant may appeal to the Board of Appeals within
30 days thereof.
