[HISTORY: Adopted by the Board of Trustees of the Village of Tuxedo Park 11-29-2001. Amendments noted where applicable.]
GENERAL REFERENCES101a Attachment A 101b Attachment B 101c Variance Category Index
Zoning — See Ch. 100.
The Board of Zoning Appeals of the Village of Tuxedo Park shall be governed by the provisions of all state statutes, local laws, ordinances and these rules. These Rules and Regulations are adopted pursuant to the power granted the Board by virtue of § 100-46 of the Village of Tuxedo Park Zoning Law and other applicable law.
For the purposes of this chapter, the following terms shall have the meanings indicated:
- A party appealing a decision of the Building Inspector and seeking an Area or Use Variance from the provisions of the Village Zoning Law or, alternatively, seeking an interpretation of the Village Zoning Law in his or her favor or a party seeking to appeal any decision of the Board of Architectural Review.
- A party seeking a special use permit under the provisions of the Village Zoning Law or any other relief he or she may be entitled to from the Board by reason of law.
- The duly appointed Board of Zoning Appeals of the Village of Tuxedo Park consisting of up to five members.
- The duly appointed Chairman of the Board.
- DEPUTY CHAIR
- The designated Deputy Chair, appointed by the Chairman of the Board.
The officers of the Board shall consist of a Chairman, Deputy Chairman, Secretary and Attorney.
The Chairman shall be designated by the Village Board of Trustees. The Chair shall perform all the duties required by law, ordinance and these rules of procedure and shall preside at all the meetings of the Board and shall exercise such discretion as these rules of procedure provide. The Chair may appoint any committees necessary to carry out the business of the Board and hire such professionals as deemed necessary, subject to approval by the Mayor, to advise and carry out the work of the Board. The Chair may also fix and designate site visits for the Board to physically examine the properties that are the subject of any matter pending before the Board. The Chair may administer oaths and compel the attendance of any witness necessary to carry out the business of the Board. The Chair's signature shall be the official signature of the Board.
The Chairman shall designate a Deputy Chair who will act in his capacity in the event that the Chairman is incapacitated or unable to meet or to perform his standard duties. The Deputy Chair must be a member of the Board.
The Secretary of the Board shall be the Village Clerk. If unavailable, the Deputy Village Clerk may be assigned to function as Secretary. The Secretary shall not be a member of the Board. The Secretary shall keep concise minutes of all Board meetings and proceedings, fully tape these meetings, keep a record of those members of the Board present and record the vote of each member. The Chair shall have the discretion of hiring the services of a stenographer to take the verbatim minutes of any meeting or public hearing where deemed appropriate.
The Attorney for the Board shall be the Attorney employed by the Village Board of Trustees in accordance with the Village Law. The Attorney shall be present at all meetings and shall render such professional services and advice as the Board may require. In the event that the Attorney shall disqualify himself in any proceeding before the Board, because of a conflict of interest or otherwise, the Chair may, in the discretion of the Board, so report to the Village Board of Trustees and hire another attorney to render services and advice in such proceedings.
The regular meeting of the Board shall be held on the fourth Thursday of the month at 7:00 p.m. at the Village offices. The meetings of the coming year are set annually by the Chair and may deviate from the regular meeting date if there is a schedule conflict for Board members or the Chair. The Village Clerk maintains a record of the scheduled meeting dates for the coming year. There are generally 11 scheduled meetings per year (none in December due to holidays).
Special meetings (such as work sessions), as may be needed to conduct the business of the Board, may be called by the Chair or upon written request from any three members of the Board.
Whenever there is no business to be transacted at the regular meeting of the Board, the Chair may dispense with such meeting. The Chair shall also have the discretion to cancel or reschedule regular or special meetings of the Board in the case of inclement weather, emergency or lack of quorum. Upon such cancellation, the Secretary shall forthwith advise any appellant or applicant and any known interested party of such cancellation and the date of the rescheduled meeting. The Secretary shall re-advertise, publish and post new notice of such rescheduled meeting in the manner required by these Rules and Regulations and by law.
A quorum shall consist of a majority of the full membership of the Board. No hearing or meeting shall be held, nor any action taken, in the absence of a quorum. In the event of a lack of quorum, the Chair may reschedule a meeting on a subsequent date. Notice of all subsequent hearings shall be published and posted in the manner required by these Rules and Regulations and by law.
Attendance by each Board member at meetings of the Board is essential to the proper functioning of the Board. Should any member of the Board miss more than three regularly scheduled meetings of the Board in any Village year, that member shall forfeit his position on the Board and be deemed to have resigned from the Board. A missed special meeting or rescheduled meeting shall not be included within the three missed meeting allowance. A Village year for the purpose of this section shall be the twelve-month interval between July 1 of each year and June 30 of the year immediately following. The Secretary is responsible for monitoring attendance and notifying the Chair with a periodic attendance report. In the event of a forfeiture of office under this section, the Chair shall report the situation to the Mayor and request the appointment of a replacement member.
All Board members shall be expected to attend site visits of those properties and locations that are the subject of the application or appeal the Board. The Chair will schedule at least one BZA site visit for each application or appeal. If a member cannot attend a site visit, he shall perform a site visit on his own. In deference to property owners, the Secretary will make every attempt to notify applicants of BZA site visits in advance.
All Board members having an actual or perceived conflict of interest shall disclose the same in writing to the Board before any vote in which they intend to participate. Such disclosure will be made on a BZA Disclosure Form (Orange Sheet). The BZA member will indicate the nature of the conflict and whether or not such conflict impedes his ability to vote on the subject matter. The absence of a signed BZA disclosure form will affirm that the Board member believes that he has no conflict of interest in this case. If any member feels that he does have a conflict, the member will approach the Chairman before the case is heard and announce that he will recuse himself and not vote on this case. The recusal shall be announced publicly and recorded in the minutes.
All business involving matters pending before the Board shall be conducted only at public hearings and regular or specially called sessions of the Board. No executive or private sessions shall be held by the Board or Board members involving three or more members, except as allowed by law.
A member shall be entitled to vote on the determination of any matter requiring a public hearing, notwithstanding that he or she has not attended the public hearing, provided that such member shall have read the transcripts and minutes of such hearing, shall have performed the required site visit and shall have reviewed all materials and exhibits referred to or admitted at such hearing.
All matters shall be decided by a roll call vote. Decisions, actions and resolutions on any matter before the Board shall require the affirmative vote of a majority of the entire Board. A tie vote shall mean the rejection or denial of the appeal or application under consideration.
The Board shall hear and decide appeals from, and review any order, requirement, decision, determination or opinion made by, the Building Inspector of the Village of Tuxedo Park. In addition, the Board shall hear and decide appeals from a decision made by the Board of Architectural Review. If shall also hear and decide all matters referred to if or upon which if is required to pass under the Zoning Law of the Village or any other law. Such an appeal may be taken by any person aggrieved or his agent, or any officer, department, board or bureau of the Village.
An appeal shall be taken if filed within 60 days of the action of the administrative official or board appealed from. Any appeal not so filed shall not be entertained by the Board. An appeal shall be taken by filing with the Secretary and the Building Inspector a notice of appeal. Said notice of appeal shall identify the action of the administrative official or Board appealed from and the date of that action, and briefly state the grounds upon which the appeal is based. The Building Inspector shall forthwith transmit to the Secretary all the papers constituting the record upon which the action appealed from was taken.
There shall be furnished to the Secretary 10 copies of the required information and data, at least 30 business days prior to the scheduled hearing upon such appeal. No appeal shall be heard unless a record on appeal is so furnished to the Secretary. If no record on appeal is so furnished within the time prescribed herein, the appeal shall be denied, subject to renewal upon supplying a sufficient record on appeal to the Chair, or adjourned at the discretion of the Board. Upon receipt thereof the Secretary shall distribute the record on appeal to the Board members and the Attorney.
The record on appeal shall consist of the following material in regard to the following matter:
Appeals regarding any bulk or area requirement of the Zoning Law of the Village of Tuxedo Park:
A copy of the letter, opinion, decision or requirement or ruling appealed from.
A written, executed petition stating in detail all the pertinent facts relating to the appeal, including the date of construction of any building located on the subject property, and stating the grounds for the appeal.
A sketch plan or survey of the subject premises, accurately showing the dimensions of all actual or proposed structures on the subject premises, the distances or all actual or proposed side yards, rear yards, front yards, courts, driveways, abutting streets and, except for appeals involving court areas or locations, the distance from the side and rear lot lines to existing structures, if any, on adjoining properties closer than 300 feet to said lot lines. If such an appeal is based upon conditions arising out of topographical conditions, such as differences in elevation, streams or outcropping of rocks or the like, the plot plan or survey should sufficiently indicate the nature and extent of said conditions.
A copy of the deed of conveyance into the present owner of the property in question. together with copies of any easement, restriction or covenant of record encumbering or affectinq the title of said owner.
Appeals regarding any use requirements of the Zoning Law of the Village of Tuxedo Park:
A copy of the letter, opinion, decision or requirement appealed from.
A diagram identifying the property upon which the use will be located and the types and number of uses, if any, within a one-thousand-foot radius of the proposed use.
Appeals from the requirements of § 7-736 of the New York State Village Law (building on private roads):
A copy of the letter, opinion, decision or requirement or ruling appealed from.
A written executed petition stating in detail all the pertinent facts relating to the appeal and stating the grounds therefor.
A sketch plan or survey showing accurately the size of the subject property, the location of the proposed structure thereon, the amount of frontage on abutting roads, the distance of the proposed structure from any abutting road. If the property does not abut a Village-maintained street, the distance from the subject property to the nearest such street and the dimensions, location and type of access to any proposed structure on the property from the nearest Village-maintained street.
A long-form environmental assessment form (EAF) as required by SEQRA (ECL Article 8 and 6 NYCRR Part 617).
Appeals from the Board of Architectural Review:
A copy of the ruling appealed from.
A written, executed petition stating in detail all the pertinent facts relating to the appeal and stating the grounds therefor.
A sketch plan or survey showing accurately the size of the subject property, the location of the proposed structure thereon together with all architectural renderings and drawings that were before the Board of Architectural Review that formed the basis of its ruling appealed from.
Applications for Special Use Permits under the Village of Tuxedo Park Zoning Law:
A written, executed application for such relief stating in detail all pertinent facts relating to the application and the grounds or reasons for the appeal, including such engineering and survey data as, in the opinion of the Building Inspector or the Village Engineer or any professional hired by the Chair to assist the Board, is necessary to assist the Board in making its decision.
Any other information or data that the Board may reasonably require after the public hearing.
A long-form environmental assessment form (EAF) under SEQRA (ECL Article 8 and 6 NYCRR Part 617).
A copy of the deed of conveyance into the present owner of the property in question, together with copies of any easement restriction or covenant of record encumbering or affecting the title of said owner.
The Board may require any additional, reasonably related information that it deems necessary to act upon any appeal or application after a public hearing thereon.
The filing fee for any application or appeal to the Zoning Board of Appeals in an amount determined by the Village Board of Trustees shall be deposited with the Secretary at the time of filing the notice of appeal or application.
After filing of the notice of appeal or an application with the Chair, the Board shall schedule a hearing thereon within 60 days of such filing. Hearings will be held at the regular meeting of the Board.
The Board, through the Secretary, shall give notice of hearing in accordance with the provisions of the applicable law. The Village of Tuxedo Park publishes all legal notices in the Middletown Times-Herald Record. The notice of hearing shall state the location of the building or lot or property involved, the name of the appellant or applicant, the general nature of the question involved, the date, time and place of the hearing and the nature of the relief sought. The notice of hearing shall also be posted on the official bulletin board maintained by the Village Clerk in the manner required by law.
In addition to publication and posting by the Board, the appellant or applicant will give notice of the public hearing to property owners within 300 feet of their property line which is the subject of the appeal or application. Such notice shall be mailed by certified mail, return receipt requested, to the name and address shown on the latest completed Village assessment roll, and such mailing shall be made at least 10 days in advance of any such public hearing, It shall be the responsibility of the appellant or applicant to obtain a list of the names and addresses of the surrounding property owners from the Village Assessor.
The appellant or applicant or his duly authorized representative shall present the reasons for relief requested and may refer to or submit any evidence or exhibits and present such expert testimony as he or she shall deem necessary to support his or her position. In the matter of area and use variances, the appellant shall be guided by the criteria set out in § 7-712-b of the New York State Village Law.
Any objectors to the relief sought by the appellant or applicant shall have the right to write a letter in advance of the public hearing to the BZA expressing their concerns and/or attend the public hearing and direct questions to the appellant or applicant, and such experts as may have testified, and shall be entitled to the same opportunities to present evidence or expert testimony as the appellant or applicant.
The Chair shall decide the order of presentation of all materials and testimony. The Chair shall set the agenda for each meeting and will, in general, hear appeals and applications based on the date they were received in complete order by the Secretary.
The Board, in its discretion, may continue any public hearing for a reasonable time in order to allow all relevant information to be presented to it either in support of an appeal or application or in objection thereto or in reply to any objections.
Decisions by the Board shall be made not later than 62 days from the date that the public hearing is finally closed, unless the appellant or applicant grants the Board additional time. The final decision on any matter before the Board shall be made in the form of a resolution entered into the minutes of the Board or, in the discretion of the Chair, in a written order signed by the Chair. Such decision shall state the findings of fact, which were the bases for the Board' s determination. The decision shall also state any conditions and safeguards necessary to protect the public interest.
Most actions before the BZA are Type II actions and thus are not subject to the New York State Environmental Quality Review Act (NY SEQRA). If, however, the provisions of NY SEQRA are applicable to any matter before the Board, it shall make no decision unless and until it shall have first complied with NY SEQRA requirements.
In deciding any matter involving area or use variances, the Board shall be guided by the criteria set forth in § 7-712-b of the New York State Village Law.
Decisions of the Board, either by resolution or written order, shall be immediately entered into the minutes of the Board and filed in the Village Office and shall thereupon become a public record.
Rehearings of any decision on an appeal for a variance shall be heard in the manner prescribed by law. There shall be no rehearings of any other matters. An appellant or applicant, however, may reapply to the Building Inspector for a building permit involving the same structure or property, or to the Board for a special use permit, based on new facts and circumstances.
Upon adoption of these rules or any amendments by the Board, the Chair shall file a copy of these rules with the Village Clerk. These rules shall be a public record.
These rules may be amended by an affirmative vote of a majority of the members of the Board of Zoning Appeals.
The Board, upon good cause shown, may waive or modify the requirements of this chapter.