In addition to the authority conferred upon the Board of Appeals under Article XVIII of this chapter, said Board shall also hear and determine any and all matters referred to it or upon which it is required to pass under this chapter and such other matters as may be required by law.
All applications shall be made and processed
in the same manner as in the case of special exception uses.
A.
The Board of Appeals shall hear and decide appeals
from and review any order, requirement, decision or determination
made by any administrative official charged with the enforcement of
this chapter.
B.
Where there are practical difficulties or unnecessary
hardships in the way of carrying out the strict letter of this chapter,
the Board of Appeals shall have the power, in passing upon appeals,
to vary or modify the application or any of the regulations or provision
of this chapter relating to the use, construction or alteration of
buildings or structures or the use of land, so that the spirit of
the chapter shall be observed, public safety and welfare secured and
substantial justice done.
C.
In granting any use variance, the Board of Appeals
shall prescribe any appropriate safeguards and conditions applying
thereto that it may deem necessary or desirable in the public interest.
Before the Board of Appeals may exercise its
discretion and grant a variance upon the ground of unnecessary hardship,
the record must show that:
A.
The property in question cannot yield a reasonable
return if used only for the purpose allowed by this chapter.
B.
The hardship is due to unique circumstances and not
to the general conditions in the neighborhood of the property which
is the subject of the appeal.
C.
The proposed use will not alter the essential character
of the locality.
A.
Appeals shall be taken within such time as shall be
prescribed by the Board of Appeals by general rule, by filing, with
the officer from whom the appeal is taken and with the Board of Appeals,
a notice of appeal, specifying the grounds thereof. Each appeal shall
specify the provision of the ordinance involved and shall set forth
the decision of the Building Inspector which is appealed from, the
full circumstances or conditions involved therein, the ruling sought
from the Board, the details of any variance applied for and the grounds
on which it is claimed that the same should be granted or the use
for which a special permit is sought and the full details thereof.
The officer from whom the appeal is taken shall forthwith deliver
to the Board of Appeals all papers constituting the record upon which
the action appealed from was taken.
B.
In addition to the aforesaid papers, the Board of
Appeals may require the applicant to submit such site and plot plans,
contour maps, building plans and specifications and other data or
information as the Board may deem necessary.
C.
All papers, including affidavits of publication and
service of notice by mail, shall be filed with the Board before the
hearing, unless the Board otherwise orders.
D.
Every decision of the Board of Appeals shall be by
resolution, with the vote thereon recorded, and shall fully set forth
the circumstances of the case and the findings of the Board on which
its decision is based and shall be filed with the Town Clerk within
the time required by law.
[Amended 6-8-2006 by L.L. No. 7-2006; 6-12-2008 by L.L. No.
4-2008]
A.
The Board of Appeals shall fix a reasonable time for
the hearing of the appeal or other matter referred to it and shall
give public notice thereof by publication in the official paper of
notice of such hearing, at least five days prior to the date thereof.
Notice shall also be required to be given to all owners of property,
including owners of condominiums, within a distance of 250 feet of
the property lines of the applicant. Said notice shall be in such
form as the Board of Appeals 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. With respect to an application for a use
variance, the applicant shall provide a public hearing notice to the
clerk of the neighboring municipality for any action within 500 feet
of a neighboring municipality at least 10 days prior to the date thereof.
Before the hearing, the applicant shall file with the Board of Appeals
affidavits of the publication and mailing of the notice of hearing.
The expense of publishing and mailing any notice required by this
section shall be paid for by the applicant or appellant, as the case
may be.
B.
Notification sign.
(1)
With respect to any application for a variance,
the applicant shall place and maintain a sign on the subject property
at least 10 days prior to the date of the first Board of Appeals meeting
for which the application is on the agenda.
(2)
Such sign shall be at least 30 inches in length
by 20 inches in width, shall consist of sturdy and serviceable material
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 VARIANCE APPLICATION FOR THIS PROPERTY WILL
BE DISCUSSED AT A BOARD OF APPEALS 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 Board of Appeals Secretary 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.
