A.
Creation. A Board of Appeals is hereby established
in accordance with the New York State Village Law.
B.
Composition. The Board of Appeals shall consist of
five members.
C.
Appointment. The Board of Trustees shall appoint the
members of the Board of Appeals in such manner as may be provided
by the Village Law of the State of New York.
D.
Removal. The Board of Trustees shall have the power
to remove any member of the Board of Appeals for cause and after public
hearing.
E.
Vacancies. Vacancies shall be filled by the Board
of Trustees for the unexpired term of the member whose position has
become vacant.
A.
Meetings. All meetings of the Board of Appeals shall
be held at the call of the Chairman and at such other times as such
Board may determine. Meetings of the Board of Appeals shall be open
to the public to the extent provided in Article 7 of the Public Officers
Law.
B.
Oaths. The Chairman or, in his absence, the Acting
Chairman may administer oaths and compel the attendance of witnesses.
C.
Minutes. The Board of Appeals shall keep the 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 examinations and other official actions.
Every rule, regulation, every amendment or repeal thereof and every
order, requirement, decision or determination of the Board shall,
within five business days, be filed in the office of the Village Clerk
and shall be a public record.
The Board of Appeals shall have the following
powers:
A.
Administrative review. To hear and decide appeals
from and review any order, requirement, decision, interpretation or
determination made by the Code Enforcement Officer or other administrative
officer in carrying out or enforcing any provision of this chapter.
The concurring vote of a majority of the Board shall be necessary
to reverse any order, requirement, decision or determination of any
such administrative official or to grant a use variance or area variance.
B.
Special permits. To hear and decide applications for
special permit as specified in this chapter and to authorize the issuance
of special permits as specifically provided herein. A majority vote
of all members of the Board of Appeals shall be necessary to grant
a special permit.
C.
Variance. To grant use and area variances as defined
in the New York State Village Law; provided, however, that such powers
are subject to the provisions of Article 7 of the Village Law as it
now exists or may hereafter be amended. The Board of Appeals shall,
in the granting of both use variances and area variances, have the
authority to impose such reasonable conditions and restrictions as
are directly related and incidental to the proposed use of the property.
Such conditions shall be consistent with the sphere and intent of
this chapter and shall be imposed for the purpose of minimizing any
adverse impact such variance may have on the neighborhood or community.
A.
Who may appeal. An appeal to the Board of Appeals
for administrative review or variance may be taken by any person,
firm or corporation aggrieved or by any governmental officer, department,
board or bureau affected by any decision of the Code Enforcement Officer
based in whole or in part upon the provisions of this chapter. Such
appeal shall be taken by filing with the Board of Appeals a notice
of appeal specifying the grounds thereof. The Code Enforcement Officer
shall forthwith transmit to the Board of Appeals all papers constituting
the record upon which the action appealed from was taken.
B.
Time of appeal. Such appeal shall be taken within
60 days after the filing of any order, requirement, decision, interpretation
or determination of the Code Enforcement Officer by filing with such
administrative official and with the Board of Appeals a notice of
appeal specifying the grounds thereof and the relief sought. The administrative
official from whom the appeal is taken shall forthwith transmit to
the Board of Appeals all papers constituting the record upon which
the action appealed from was taken.
C.
Stay of proceedings. An appeal stays all proceedings
in furtherance of the action appealed from unless the Code Enforcement
Officer from whom the appeal is taken certifies to the Board of Appeals,
after the notice of appeal shall have been filed with him, that by
reason of facts stated in the certificate a stay would, in his opinion,
cause imminent peril to life or property, in which case proceedings
shall not be stayed otherwise than by a restraining order, which may
be granted by the Board of Appeals or by a court of record on application,
on notice to the Code Enforcement Officer and on due cause shown.
A.
Hearing. The Board of Appeals shall fix a reasonable
time for the hearing of the appeal or other matter referred to it.
B.
Notice. The Board of Appeals shall give due notice
to the parties of the hearing of an appeal for administrative review
or variance.
C.
Public notice of application for special permit. The
Board of Appeals shall fix a reasonable time for the hearing of any
application for a special permit. Notice of said hearing shall be
published in a newspaper of general circulation in the Village of
Caledonia at least five days prior to the date fixed for the hearing.
Notice of such hearing shall also be given by ordinary mail at least
five days prior to the date of hearing to all persons, firms or corporations
owning property within 500 feet of the location of the property upon
which the use is proposed to be established. At the hearing, any party
may appear in person or by agent or by attorney, and the Board of
Appeals shall decide the application for special permit within a reasonable
time. All costs of such publication notice shall be paid by the applicant.
[Amended 7-7-2009 by L.L. No. 1-2009]
D.
Public notice of application for variance. The Board
of Appeals shall give public notice of an application for variance
by one publication in the official newspaper of the Village of Caledonia
five days prior to the date fixed for the hearing. Notice of such
application for a variance shall also be given by regular mail to
all persons, firms or corporations owning property within 500 feet
of the location of the property for which a variance is requested
at least five days prior to the date of hearing. The cost of sending
or publishing any notices relating to such appeal shall be borne by
the appealing party and shall be paid to the Board prior to the hearing
of such appeal.
[Amended 7-7-2009 by L.L. No. 1-2009]
E.
Upon the hearing, any party may appear in person or
by agent or attorney.
F.
Time of decision. The Board of Appeals shall decide
upon the appeal within 62 days after the conduct of said hearing.
The time within which the Board of Appeals must render its decision
may be extended by mutual consent of the applicant and the Board.
G.
Filing a decision and notice. The decision of the
Board of Appeals on the appeal shall be filed in the office of the
Village Clerk within five business days after the day such decision
is rendered and a copy thereof mailed to the applicant.
H.
Notice to park commission, parties or planning agency.
At least five days before such hearing, the Board of Appeals shall
mail notices thereof to the parties, 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 to the county, metropolitan
or regional planning agency as required by § 239-m of the
General Municipal Law, which notice shall be accompanied by a full
statement of the matter under consideration, as defined in Subdivision
1 of § 239-m of the General Municipal Law.
I.
Compliance with State Environmental Quality Review
Act. The Board of Appeals shall comply with the provisions of the
State Environmental Quality Review Act under Article 8 of the Environmental
Conservation Law and its implementing regulations as codified in Title
6, Part 617, of the New York Codes, Rules and Regulations.
The Board of Appeals may reverse or affirm,
wholly or partly, or may modify the order, requirement, decision,
interpretation or determination appealed from and shall make such
order, requirement, decision, interpretation or determination as in
its opinion ought to have been made in the matter by the administrative
official charged with the enforcement of this chapter, and to that
end shall have all the powers of the administrative official from
whose order, requirement, decision, interpretation or determination
the appeal is taken.
Any person or persons jointly or severally aggrieved
by any decision of the Board of Appeals or any officer, department,
board or bureau of the village may apply to the Supreme Court for
review by a proceeding under Article 78 of the Civil Practice Law
and Rules, all as provided in Article 7 of the New York State Village
Law.
The Board of Zoning Appeals may grant a rehearing
on motion made by any member of the Board, subject to the provisions
of the Village Law of the State of New York.
