[HISTORY: Adopted by the Board of Trustees
of the Village of Tuxedo Park 11-29-2001. Amendments noted where applicable.]
GENERAL REFERENCES
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.
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.
[Amended 11-30-2006]
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.
[Amended 6-28-2007]
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.
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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.
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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.
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Annexed hereto as Attachment A[1] is the required ten-step process in any appeal to or application
before the Board.
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[1]
Editor's Note: Attachment A is included at the end of this chapter.
[Amended 2-23-2005]
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.
[Amended 5-24-2007]
The record on appeal shall consist of the following
material in regard to the following matter:
A.
Appeals regarding any bulk or area requirement of
the Zoning Law of the Village of Tuxedo Park:
(1)
A copy of the letter, opinion, decision or requirement
or ruling appealed from.
(2)
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.
(3)
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.
(4)
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.
B.
Appeals regarding any use requirements of the Zoning
Law of the Village of Tuxedo Park:
C.
Appeals from the requirements of § 7-736
of the New York State Village Law (building on private roads):
(1)
A copy of the letter, opinion, decision or requirement
or ruling appealed from.
(2)
A written executed petition stating in detail
all the pertinent facts relating to the appeal and stating the grounds
therefor.
(3)
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.
(4)
A long-form environmental assessment form (EAF)
as required by SEQRA (ECL Article 8 and 6 NYCRR Part 617).
D.
Appeals from the Board of Architectural Review:
(1)
A copy of the ruling appealed from.
(2)
A written, executed petition stating in detail
all the pertinent facts relating to the appeal and stating the grounds
therefor.
(3)
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.
E.
Applications for Special Use Permits under the Village
of Tuxedo Park Zoning Law:
(1)
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.
(2)
Any other information or data that the Board
may reasonably require after the public hearing.
(3)
A long-form environmental assessment form (EAF)
under SEQRA (ECL Article 8 and 6 NYCRR Part 617).
(4)
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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
