The Board of Appeals (ZBA) shall have the authority to review
and approve requests for variances, to hear appeals from a decision
of the Code Enforcement Officer, and to decide any question involving
the interpretation of a provision or definition contained in this
chapter.
A property owner(s) or his agent(s) may initiate a request for a variance by filing an application with the Board of Appeals using forms supplied by the Board. The application shall include a copy of the Tax Map which shows the property and neighboring uses of property and a map drawn to scale showing all existing and proposed structures, driveways, property lines, neighboring buildings, if applicable, and natural features of the site, including wetlands and drainageways. Neighbors immediately adjoining the site shall be notified by mail of any application for a variance at said site. Application and all supporting documentation should be in by 4:00 p.m. on the first business day of the month. All application fees shall be set as outlined in §
350-7-10 of this chapter.
In the granting of variances the Board of Appeals shall have
the authority to impose such reasonable conditions as are related
to the use of the property and/or the period of time the variance
shall be in effect. Such conditions shall be imposed for the purpose
of minimizing any adverse impact such variance may have on the neighborhood
or community.
Any appeal from a decision of the Code Enforcement Officer shall
be made within 60 days after the Code Enforcement Officer makes and
files said decision.
An appeal shall stay all proceedings in furtherance of the action
appealed from unless the Code Enforcement Officer certifies to the
Board of Appeals that, by reason in the facts stated in the certificate,
a stay would, in his or her opinion, cause imminent peril to life
or property, in which case proceedings may not be stayed otherwise
than by restraining order which may be granted by the Board of Appeals
or by a court of record.
Applications to the Board of Appeals shall be processed in the
following steps. The Board of Appeals shall comply with all of the
requirements of §§ 7-712-a and 7-712-b of the Village
Law.
A. Review.
(1)
The Board of Appeals shall undertake a preliminary review of
an application at its first regularly scheduled monthly meeting after
the application is submitted. At the preliminary review the Board
shall determine whether the application is complete. If the application
is deemed to be incomplete, then the applicant shall be notified,
in writing, of what further information is required. If the application
is considered to be complete, then the Board shall proceed to schedule
a public hearing.
(2)
The Board of Appeals shall follow the application requirements
of the New York State Environmental Quality Review Act (SEQRA).
(3)
The Board shall schedule a public hearing within 62 days of
receipt of a complete application and shall provide notice of such
hearing by publication in a newspaper of general circulation in the
Village at least five days prior to the date thereof.
(4)
As required by state law, certain applications shall be forwarded
to the Washington County Planning Board.
(5)
The Board of Appeals shall conduct a public hearing on the matter.
Within 62 days of the final public hearing, the Board shall render
a decision to approve, disapprove or approve with modifications or
conditions. Said time period may be extended by mutual consent of
the applicant and the Board. All decisions shall be in writing, shall
be filed with the Village Clerk within five business days of the decision,
and a copy thereof shall be provided to the applicant.
Costs required are to be paid by the applicant for the Board
of Appeals process and shall be established by resolution of the Village
Board of Trustees.
Any appeals of a decision of the Zoning Board of Appeals must
be brought in the applicable court and within the time frames contained
in the Village Law of the State of New York.