The Board of Appeals, containing five members, as heretofore
established by the Village Board pursuant to § 7-712 of
the Village Law of the State of New York, is hereby maintained. The
present Chairman and Vice Chairman shall continue to the end of the
period for which they were appointed. The Chairman shall be appointed
by the Mayor, and the Vice Chairman shall be appointed by the Chairman.
[Added 9-25-1996 by L.L. No. 7-1996; amended 1-15-2004 by L.L. No.
2-2004]
The Mayor, subject to confirmation by the Board of Trustees,
may appoint two alternate members to the Zoning Board of Appeals to
serve as provided for in this section. Such alternate members shall
be appointed for a two-year term of office. The Chairman of the Zoning
Board of Appeals shall assign such alternate member(s) as necessary
when the absence of regular members of said Board or the conflict
of interest of regular members of said Board would otherwise prevent
five members of said Board from considering any pending matter. Once
designated to serve on a particular matter before the Board, the alternate
member(s) shall have the same powers and duties as regular members
of the Board until the matter is concluded. Any determination of said
Board consisting of an alternate member shall have the same weight
and be entitled to the same authority as the act or deed of the regular
Zoning Board of Appeals, and all laws, statutes and regulations shall
apply and be applied with equal force and effect. Such alternate members
appointed pursuant to this section shall be paid for his or her respective
services as fixed by resolution of the Board of Trustees.
Meetings shall be held at the call of the Chairman and at such
other times as the Board of Appeals may determine. The Chairman may
appoint a Vice Chairman. The Board of Appeals may adopt rules and
regulations governing its procedures. The presence of three members
of the Board of Appeals shall be necessary for a quorum. The concurring
vote of three members shall be necessary to grant any variance of
this Zoning Law, to reverse any order, requirement, decision or determination
appealed from or to decide in favor of the applicant any matter before
the Board of Appeals. The Board shall keep minutes of its proceedings,
showing the vote of each member on every question or, if any member
is absent or fails to vote, indicating that fact, and shall also keep
records of its examinations and other official actions. Every rule,
determination, regulation, amendment or appeal thereof and every order,
requirement and decision of the Board of Appeals shall be filed in
the office of the Village Clerk.
Every application or appeal to the Board of Appeals shall be
subject to a fee as set forth in the Fee Schedule of the Village of
Suffern.
Any person or persons, jointly or severally aggrieved by any
decision of the Board of Appeals, may apply to the Supreme Court for
a review by a proceeding under Article 78 of the Civil Practice Laws
and Rules. Such proceeding shall be instituted within 30 days after
the filing of a decision of the Board in the office of the Village
Clerk.