A.
An appeal to the Board of Appeals from any ruling
of any administrative officer administering any portion of this chapter
may be taken by any person aggrieved or by an officer, board or bureau
of the Town affected thereby. Such appeal shall be taken by filing
with the officer from whose action the appeal is taken and with the
Board of Appeals by filing with the Secretary thereof a notice of
appeal, specifying the grounds therefor.
B.
All applications and appeals made to the Board of
Appeals shall be in writing on forms prescribed by the Code Enforcement
Officer. Every application or appeal shall refer to the specific provision
of this chapter and shall exactly set forth the interpretation that
is claimed, the plans for a special use or the details of the variance
that is applied for, in addition to the following information:
(1)
The name and address of the applicant or appellant.
(2)
The name and address of the owner of the district
lot to be affected by such proposed change or appeal.
(3)
A brief description and location of the district lot
to be affected by such proposed change or appeal.
(4)
A statement of the present zoning classification of
the district lot in question, the improvements thereon and the present
use thereof.
(5)
A reasonably accurate description of the present improvements
and the additions or changes intended to be made under this application,
indicating the size of such proposed improvements, material and general
construction thereof. In addition, there shall be attached a plot
plan of the real property to be affected, indicating the location
and size of the lot and size of improvements thereon and proposed
to be erected thereon.
A.
The notice of appeal in any case where a permit has
been granted or denied by the Code Enforcement Officer shall be filed
within 60 days of the action (e.g., denial) by the administrative
official. 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 or in lieu thereof certified copies
of said papers.
[Amended 10-3-1994 by L.L. No. 2-1994]
B.
It shall be competent for the Code Enforcement Officer
to recommend to the Board of Appeals a modification or reversal of
his action in cases where he/she believes substantial justice requires
the same but where he/she has not himself sufficient authority to
grant the relief sought.
A.
Hearing on appeal. 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 of such hearing by publication in a paper
of general circulation in the Town at least five days prior to the
date thereof. 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 of Appeals prior to the hearing of such appeal.
Upon the hearing, any party may appear in person or by agent or attorney.
B.
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 of
Appeals.
Unless otherwise specified by the Board of Appeals,
a decision on any appeal or request for a variance shall expire if
the applicant fails to obtain any necessary building permit or to
comply with the conditions of said authorized permit within six months
from the date of authorization thereof.
[Amended 10-3-1994 by L.L. No. 2-1994]
An appeal shall stay all proceedings in furtherance
of the action appealed from unless the Code Enforcement Officer certifies
for the Board of Appeals, after the notice of appeal shall have been
filed, 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 the court
of record on application, on notice to the Code Enforcement Officer
and on due cause shown.
All decisions of the Board of Appeals are subject
to court review in accordance with applicable laws of the State of
New York.
[Added 10-3-1994 by L.L. No. 2-1994]
A.
Adjournment. Upon the day for hearing any application
or appeal, the Board of Appeals may adjourn the hearing for a reasonable
period for the purpose of causing such further notice as it deems
proper to be served upon such other property owners as it decides
may be interested in said application or appeal.
B.
Required interval for hearings on applications and
appeals after denial. Whenever the Board, after hearing all the evidence
presented upon an application or appeal under the provisions of this
chapter, denies the same, the Board of Appeals shall refuse to hold
further hearings on said or a substantially similar application or
appeal by the same applicant, his successor or assign for a period
of one year, except and unless the Board of Appeals shall find and
determine from the information supplied by the request for a rehearing
that changed conditions have occurred relating to the promotion of
the public health, safety, convenience, comfort, prosperity and general
welfare and that a reconsideration is justified. Such rehearing would
be allowable only upon a motion initiated by a member of the Board
of Appeals and adopted by the unanimous vote of the members present,
but not less than a majority of all members.[1]
