A.
The Town Board shall appoint a Board of Appeals consisting of five
members serving a staggered term of five years each and shall designate
its Chairperson and Vice Chairperson. A vacancy occurring for reasons
other than by expiration of a term shall be filled by the Town Board
by appointment for the expired term. No member of the Board of Appeals
shall be a member of the Town Board or the Town Planning Board. Members
of the Board of Appeals may receive compensation for their services,
as provided by the Town Board.
B.
Chairperson duties. All meetings of the Zoning Board of Appeals shall
be held at the call of the Chairperson and at such other times as
such Zoning Board of Appeals may determine. Such Chairperson or, in
his or her absence, the Vice Chairperson may administer oaths and
compel the attendance of witnesses.
C.
The Board of Appeals is governed by and shall act in strict accordance
with the procedures specified by the laws of New York State, Town
Law, this chapter and its own duly adopted rules, bylaws and forms.
Unless otherwise provided by this chapter, the jurisdiction of the
Board of Appeals shall be appellate only.
D.
Appointment of alternate members to Zoning Board of Appeals.
(1)
Declaration of policy. It is sometimes difficult to maintain a quorum
or a full board on the Zoning Board of Appeals, because members are
ill or are on extended vacation or find they have a conflict of interest
situation on a specific matter before such board. In such instances,
official business cannot be conducted if there is not a quorum or
be fully reviewed if there is not a full board, which may delay or
impede adherence to required timeliness. The use of alternate members
in such instances is hereby authorized pursuant to the provisions
of this section.
[Amended 3-4-2009 by L.L. No. 2-2009]
(2)
Alternate members of the Zoning Board of Appeals shall be appointed
by the Town Board or other duly authorized appointing authority for
a term of five years.
(3)
The Chairperson of the Zoning Board of Appeals may designate an alternate
to substitute for a member when such member is unable to participate
due to a conflict of interest on an application or matter before the
board or when a member notifies the Chair that he or she will be absent
for two or more consecutive meetings. When so designated, the alternate
member shall possess all the powers and responsibilities of such member
of the board. Such designation shall be entered into the minutes of
the initial Zoning Board of Appeals meeting at which the substitution
is made.
[Amended 3-4-2009 by L.L. No. 2-2009]
(4)
All provisions of state law relating to Zoning Board of Appeals member
eligibility, vacancy in office, removal, compatibility of office and
service on other boards, as well as any provisions of a local law
relating to training, continuing education, compensation and attendance,
shall also apply to alternate members.
E.
Duties and responsibilities.
(1)
The Zoning Board of Appeals shall perform the following functions:
(a)
Hear and decide any question properly brought before it involving
the interpretation of any provision of this chapter;
(b)
Hear and decide appeals from any decision, determination, act
or failure to act of the Building Inspector, and all matters properly
referred to it by the Building Inspector; and
(2)
In exercising the above-mentioned powers and duties, the Board of
Appeals may, in conformity with Town Law, reverse, affirm or modify
the order, requirement, decision or determination appealed from and
shall make such order, requirement or determination as ought to be
made in the case referred to it. To that end, the Board shall have
all the powers of the enforcement officer from whom the appeal is
made. The concurring vote of a majority of the Board of Appeals shall
be necessary to reverse any order, requirement, decision, or determination
of the enforcement officer or to decide in favor of the applicant
any matter upon which such board is required to pass.
(3)
Professional assistance. The Town has determined that, in certain
instances, the volunteer members of the Zoning Board of Appeals may
require professional assistance to make informed decisions.
[Added 10-2-2019 by L.L.
No. 5-2019]
(a)
Reasonable costs incurred by the Zoning Board of Appeals for planning, technical and engineering services, legal fees, or other expenses in connection with its consideration of applications for interpretations, and area and/or use variances, shall be charged to the applicant. Such costs shall be in addition to the fee required in § 117-1C or to fees incurred during review in accord with the State Environmental Quality Review Act.
(b)
The Zoning Board of Appeals shall make an estimate of the amount
of expenses that it expects to incur during the course of each application
for interpretation and area and/or use variance. The applicant shall
deposit the amount so determined by the Zoning Board of Appeals in
escrow with the Town Clerk prior to the Zoning Board of Appeal's commencing
any review of the application. If the amount so deposited is exhausted
or diminished to the point that the Zoning Board of Appeals determines
that the remaining amount will not be sufficient to complete the review
of the application, then the Zoning Board of Appeals shall notify
the applicant of the additional amount that must be deposited with
the Town Clerk.
(c)
If the applicant fails to replenish the escrow account or there
are unpaid amounts for which the applicant is responsible pursuant
to this provision, the Zoning Board of Appeals, at its discretion,
may cease review of the application until such amounts are paid or
deny the application. In no event, however, shall any interpretation
or variance approval be made until all such sums have been paid in
full.
F.
SEQRA.
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 6
NYCRR Part 617.
G.
Meetings.
Meetings of the Board of Appeals shall be open to the public to the
extent provided by law. The Board of Appeals 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 examinations and other official actions.
H.
All members
and alternate members of the Zoning Board of Appeals shall complete
the training required by Subdivision 7-a of § 267 of the Town
Law.
[Added 4-6-2011 by L.L.
No. 3-2011]
A.
Application.
(1)
Application for appeals shall be in writing and must be filed with
the Building Inspector within 60 days after the filing of the order,
requirement, decision, interpretation, or determination that is being
appealed. Such application shall be on the form determined by the
Zoning Board of Appeals. Such application shall refer to the specific
provisions of this chapter involved and shall specify the grounds
for the variance requested, the interpretation claimed, or the reversal
of an order, requirement, decision, or determination of an administrative
official and the relief sought. The Building Inspector shall forward
the application to the Zoning Board of Appeals. The Zoning Board of
Appeals may request additional information.
(2)
The Zoning Board of Appeals shall fix a reasonable time within 62
days of receipt of every appeal and application for a variance referred
to said board or upon which it is required to pass under this chapter.
Notice of each public hearing shall be published once in the official
newspaper of the Town of Saugerties at least five days prior to such
hearing. In addition, the Board of Appeals shall cause a notice of
such hearing and an explanation of any change sought to be sent to
the owners of all property within 500 feet of the subject property.
Such notices shall be sent to the last known address as shown on the
most recent Town tax records and mailed by certified mail, return
receipt requested, at least 10 days prior to such public hearing.
Proof of notification must be received by the Board prior to the convening
of the public hearing. Upon the hearing, any party may appear in person
or by agent or attorney.
(3)
The Zoning Board of Appeals shall decide upon the appeal within 62
days after such hearing. The time within which the Zoning Board of
Appeals must render its decision may be extended by mutual consent
of the applicant and the Zoning Board of Appeals.
(4)
Rehearing. A motion for the Zoning Board of Appeals to hold a rehearing
to review any order, decision or determination of the Zoning Board
of Appeals not previously reheard may be made by any member of the
Zoning Board of Appeals. A unanimous vote of all members of the Zoning
Board of Appeals then present is required for such rehearing to occur.
Such rehearing is subject to the same notice provisions as an original
hearing. Upon such rehearing, the Zoning Board of Appeals may reverse,
modify or annul its original order, decision or determination upon
the unanimous vote of all members then present, provided the Zoning
Board of Appeals finds that the rights of persons acting in good faith
in reliance upon the reheard order, decision or determination will
not be prejudiced thereby.
(5)
Stay upon appeal. An appeal shall stay all proceedings in furtherance
of the action appealed from, unless the administrative official charged
with the enforcement of this chapter, from whom the appeal is taken,
certifies to the Zoning Board of Appeals, after the notice of appeal
is filed that, by reason of facts stated in the certificate, a stay
would in his or her opinion cause imminent peril to life or property,
in which case proceedings shall not be stayed other than by a restraining
order, which may be granted by the Zoning Board of Appeals or by a
court with jurisdiction on application, with notice to the administrative
official from whom the appeal is taken, and for due cause shown.
(6)
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 to and incidental to the
proposed use of the property. Such conditions shall be consistent
with the spirit and intent of this chapter and shall be imposed for
the purpose of minimizing any adverse impact such variance may have
on the Town of Saugerties.
(7)
The Board of Appeals shall decide upon the appeal within 62 days
after the public 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.
(8)
The Board of Appeals shall file every order, requirement, decision
or determination in the office of the Town Clerk within five business
days after the day such decision is rendered and a copy thereof mailed
to the applicant.
B.
Interpretations. Upon the appeal from a decision by an administrative
official, the Zoning Board of Appeals shall decide any question involving
interpretation of any provision of this chapter, including any determination
of the exact location of any district boundary if there is uncertainty
with respect thereto. The Board may reverse or affirm, wholly or in
part, 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. In
making such determination, the Board shall have all of the powers
of the administrative official from whose order, requirement, decision,
interpretation or determination the appeal is taken.
C.
Appeals.
(1)
The Board of Appeals shall have the power to vary or modify the application
of this chapter where it imposes practical difficulties or unnecessary
hardship. Upon appeal for a variance and after public notice and hearing,
the Board of Appeals may grant such variances relating to the use,
area, construction or alteration of structures or use of land so that
the spirit of this chapter is observed, public safety and welfare
secured and substantial justice done.
(2)
Use variance.
(a)
The Board of Appeals, on appeal from the decision or determination
of the Building Inspector, shall have the power to grant use variances,
as defined herein.
(b)
No such use variance shall be granted by a Board of Appeals
without a showing by the applicant that applicable zoning regulations
and restrictions have caused unnecessary hardship. In order to prove
such unnecessary hardship, the applicant shall demonstrate to the
Board of Appeals that for each and every permitted use under the zoning
regulations for the particular district where the property is located:
[1]
The applicant cannot realize a reasonable return, provided that
lack of return is substantial as demonstrated by competent financial
evidence;
[2]
The alleged hardship relating to the property in question is
unique and does not apply to a substantial portion of the district
or neighborhood;
[3]
The requested use variance, if granted, will not alter the essential
character of the neighborhood; and
[4]
That the alleged hardship has not been self-created.
(c)
The Board of Appeals, in the granting of use variances, shall
grant the minimum variance that it shall deem necessary and adequate
to address the unnecessary hardship proven by the applicant and at
the same time preserve and protect the character of the neighborhood
and the health, safety and welfare of the community.
(3)
Area variance.
(a)
The Zoning Board of Appeals shall have the power, on appeal
from the decision or determination of the Building Inspector, to grant
area variances, as defined herein.
(b)
In making its determination, the Zoning Board of Appeals shall
take into consideration the benefit to the applicant if the variance
is granted as weighed against the detriment to the health, safety
and welfare of the neighborhood or community by such grant. In making
such determination, the Board shall also consider:
[1]
Whether an undesirable change will be produced in the character
of the neighborhood or a detriment to nearby properties will be created
by the granting of the area variance;
[2]
Whether the benefit sought by the applicant can be achieved
by some method, feasible for the applicant to pursue, other than an
area variance;
[3]
Whether the requested area variance is substantial;
[4]
Whether the proposed variance will have an adverse effect or
impact on the physical or environmental conditions in the neighborhood
or district; and
[5]
Whether the alleged difficulty was self-created, which consideration
shall be relevant to the decision of the Board of Appeals but shall
not necessarily preclude the granting of the area variance.
(c)
The Board of Appeals, in granting of area variances, shall grant
the minimum variance that it shall deem necessary and adequate and
at the same time preserve and protect the character of the neighborhood
and the health, safety and welfare of the community.
(4)
Action. The Board of Appeals may reverse or affirm, wholly or in
part, or may modify any order, requirement, decision, interpretation
or determination made by officials charged with the enforcement of
this chapter. The concurring vote of a majority of the members of
the Board of Appeals 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.
(5)
Expiration of decision. Unless otherwise specified by the Board of
Appeals and without any further hearing by the Board of Appeals, a
decision on any appeal, including the granting of area and use variances,
shall automatically lapse and expire if the applicant fails to exercise
the variance or fails to obtain any necessary building permits within
one year of the date the decision is filed.
D.
Referrals.
(1)
County Planning Board.
(a)
The Board of Appeals shall refer to the Ulster County Planning
Board any complete application for an area or use variance affecting
real property within 500 feet of any boundary of the Town, or the
boundary of any existing or proposed county or state park or other
recreation area, or the boundary of any existing or proposed county
or state roadway, or the boundary of any existing or proposed right-of-way
for a stream or drainage channel owned by the County for which the
County has established channel lines, or the boundary of any existing
or proposed county- or state-owned land on which a public building
or institution is situated, pursuant to §§ 239-l and
239-m of the General Municipal Law.
(b)
No action shall be taken on applications referred to the County
Planning Board until its recommendation has been received or 30 days
have elapsed after its receipt of the complete application, unless
both the County and Town agree to an extension beyond the thirty-day
limit.
(c)
A recommendation of disapproval from the County Planning Board
can be overridden by the Board of Appeals with a majority plus one
vote, along with a resolution setting forth the reasons for such contrary
action.
The Board shall decide any question as to the proper application
of this chapter to public and quasi-public projects and improvements
under the "balancing of the interests" test set forth in Matter of
County of Monroe, 72 N.Y. 2d 338. Upon a finding of applicability
under the balancing of the interests analysis, the Board may require
a project or improvement proposed by a governmental agency, a quasi-governmental
or quasi-governmental entity, or any person or agency acting on behalf
of a governmental or quasi-governmental entity, to undergo site plan
review and approval and/or subdivision review and approval before
the Town Planning Board. Such projects and improvements include those:
