A Board of Appeals is hereby established in
accordance with the provisions of the Town Law applicable thereto.
The Board of Appeals shall consist of five members
appointed by the Town Board who shall be residents of the Town of
Wales, each to serve for a term of five years, except that of the
members first appointed one shall hold office for a term of one year,
one for a term of two years, one for a term of three years and one
for a term of four years. The Chairman shall be designated by the
Town Board.
Such Board of Appeals shall, consistent with
the Town Law and this chapter, determine its own rules and procedure,
and all its deliberations, resolutions and orders shall be in accordance
therewith; provided, however, that all hearings shall be public and
that the Board shall keep complete minutes of its proceedings, showing
its findings and reasons for its decisions, and said minutes shall
be a public record.
The Board of Appeals shall have the powers and
duties prescribed by Article 16, § 267, of the Town Law
of the State of New York and by this chapter, which are more particularly
specified as follows:
A.
Interpretation. Upon appeal from a decision by an
administrative official, to decide any question involving the interpretation
of any provision of this chapter, including determination of the exact
location of any district boundary if there is uncertainty with respect
thereto.
B.
Variances. To vary or adopt the strict application
of any of the requirements of this chapter in the case of exceptionally
irregular, narrow, shallow or steep lots or other exceptional physical
conditions, whereby such strict application would result in practical
difficulty or unnecessary hardship that would deprive the owner of
the reasonable use of the land or building involved, but in no other
case. No variance in the strict application of this chapter shall
be granted by the Board of Appeals unless it finds that:
(1)
There are special circumstances or conditions, fully
described in the findings of the Board, applying to such land or buildings
and not applying generally to land or buildings in the neighborhood
and that said circumstances or conditions are such that strict application
of the provisions of this chapter would deprive the applicant of the
reasonable use of such land or buildings.
(2)
For reasons fully set forth in the findings of the
Board, 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 accomplish this purpose.
(3)
The granting of the variance will be in harmony with
the general purpose and intent of this chapter and will not be injurious
to the neighborhood or otherwise detrimental to the public welfare.
(4)
A use variance when granted, shall be limited to the
specific use as stated in the original application for the variance
and any conditions included in the approval by the Board. Failure
to exercise or implement the use variance within one year shall result
in the variance expiring and shall no longer be in effect.
[Added 8-14-2007 by L.L. No. 4-2007]
(5)
An area variance when granted, shall be limited to
the specific use as stated in the original application for the variance
and any conditions included in the approval by the Board. In the event
that the area variance requires a building permit, such permit must
be obtained within one year following the approval, with the completion
within one year following the issuance of the building permit.
[Added 8-14-2007 by L.L. No. 4-2007]
C.
In granting any variance, the Board of Appeals shall
prescribe any conditions that it deems to be necessary or desirable.
A.
The Board of Appeals shall act in strict accordance
with the procedure specified by law and by this chapter. All appeals
and applications made to the Board shall be in writing, on forms prescribed
by the Board and available from the Building Zoning Officer. Every
appeal or application shall refer to the specific provision of this
chapter involved and shall exactly set forth the interpretation that
is claimed, the use for which the special permit is sought or the
details of the variance that is applied for and the grounds on which
it is claimed that the variance should be granted as the case may
be. At least 30 days before the date of the hearing on an application
or appeal to the Board of Appeals, the Secretary of said Board shall
transmit to the Planning Board a copy of this notice of the aforesaid
hearing and shall request that the Planning Board submit to the Board
of Appeals its opinion on said application or appeal, and the Planning
Board shall submit a report of such advisory opinion prior to the
date of said hearing. Failure to submit such report shall constitute
approval of said application or appeal by the Planning Board.
B.
Every decision of the Board of Appeals shall be by
resolution, each of which shall contain a full record of the findings
of the Board in the particular case. The Board shall keep minutes
of its proceedings showing the vote of each member upon every question,
or if absent or failing to vote indicating such fact, and shall also
keep records of its examination and other official actions.
The office of the Town Clerk shall be the office
of the Board of Appeals, and every rule, regulation, amendment or
repeal thereof and every order, requirement, decision or determination
of the Board shall immediately be filed in said office as required
by Article 16, § 267, of the Town Law of the State of New
York.
The Board of Appeals shall fix a reasonable
time for the hearing of the appeal or other matter referred to it
and give public notice thereof by the publication in the official
paper of a notice of such hearing at least five days prior to the
date thereof and shall, at least five days before such hearing, mail
notices thereof to the parties and to the Regional State Park Commission
having jurisdiction over any state park or parkway within 500 feet
of the property affected by such appeal and shall decide the same
within 60 days after the final hearing. The applicant shall, at least
seven days prior to the date of the hearing, give notice, in writing,
by registered mail or by service in person, with adequate proof of
contact thereof to all property owners within 200 feet of the property
to be affected by said appeal and/or to all property owners of contiguous
land or properties adjoining said property to be affected, and other
interested property owners as may be designated by the Board of Appeals.
