[Amended 8-22-1994 by L.L. No. 2-1994; 5-11-1998; 9-28-1998 by L.L. No. 3-1998; 10-9-2001 by L.L. No. 4-2001; 9-14-2009 by L.L. No. 6-2009]
There shall be a Zoning Board of Appeals of five members, pursuant to the provisions of § 267 of the Town Law. The Town Board shall appoint said members, shall designate a Chairman and may remove any member of the Zoning Board of Appeals for cause after public hearing. The members of the Zoning Board of Appeals shall be appointed for terms of five years. If a vacancy shall occur otherwise than by expiration of the term, it shall be filled by the Town Board by appointment for the remainder of the unexpired term. The Chairman of the Zoning Board of Appeals shall not succeed himself for more than five successive one-year increments.
A. 
Within one year after initial appointment, a Zoning Board of Appeals member shall attend a training program at an appropriate level relating to the duties of Zoning Board of Appeals members, approved in the manner herein provided.
B. 
All other Zoning Board of Appeals members shall attend training programs within one year of the date of the effect of this section, approved in the manner herein provided.
C. 
All Zoning Board of Appeals members, after the first year of the enactment of this section or after a member's initial appointment, shall attend annual training programs related to the function of said Board.
D. 
After discussion and consultation with the Town Supervisor, the Zoning Board of Appeals Chairperson shall advise Zoning Board of Appeals members of approved programs to satisfy the requirements of Subsections A, B and C. Zoning Board of Appeals Board members shall be required to attend an annual minimum of three hours of training program(s) per year. The Zoning Board of Appeals Chairperson shall, from time to time as appropriate, consult with the Town Supervisor and advise Zoning Board of Appeals members of the availability of additional programs as they arise.
E. 
The Zoning Board of Appeals Chairperson shall choose programs which relate to the duties of Zoning Board of Appeals members. These may include courses, workshops or training programs sponsored by groups such as the New York State Association of Towns, the New York State Department of State, certified training providers, the New York State Department of Environmental Conservation, the Ulster County Planning Department, the New York State Planning Federation or other appropriate entities as designated by the Zoning Board of Appeals Chairperson in consultation with the Town Supervisor.
F. 
All training provided pursuant to this section shall be at Town expense.
G. 
The Zoning Board of Appeals Chairperson shall cause notice of Zoning Board of Appeals members' compliance with these requirements to be entered into the minutes of the Zoning Board of Appeals as the official record of the Zoning Board of Appeals. The Zoning Board of Appeals Chairperson may require proof of attendance.
H. 
Each Zoning Board of Appeals member shall be required to attend 75% of any and all regularly scheduled Zoning Board of Appeals meetings and work sessions each year and 75% of any and all special meetings called by the Zoning Board of Appeals. Attendance at any training program does not count toward attendance at or for a Zoning Board of Appeals meeting, work session or special meeting.
I. 
Noncompliance with minimum requirements relating to training and/or attendance shall be deemed a proper cause for removal from office. A Zoning Board of Appeals member who fails to attend the programs as provided in this section or who fails to meet the minimum attendance requirement as provided in this section and specified pursuant to the resolutions promulgated thereunder shall be subject to removal following the procedures set forth in Town Law § 267.
In its quasijudicial role, the Zoning Board of Appeals shall act in strict accordance with the procedures specified by § 267-a of the Town Law and this chapter. Meetings shall be held at the call of the Chairman or at other such times as the Zoning Board of Appeals may determine. A quorum shall consist of three members. Decisions on any matter before the Board shall require the affirmative vote of a majority of the entire membership of the Board. A favorable vote of a majority plus one, i.e., of at least four members, shall also be required if the action taken by the Zoning Board of Appeals is contrary to an advisory recommendation received from the Ulster County Planning Board under the provisions of § 239-m of the General Municipal Law. The Zoning Board of Appeals shall keep minutes of its proceedings showing the vote of each member upon each question and shall keep records of its examinations, findings and all other official actions. All meetings and deliberations of the Zoning Board of Appeals shall be open to the public to the extent provided in Article 7 of the Public Officers Law.
A. 
Forms and fees. All appeals and applications made to the Zoning Board of Appeals shall be submitted in writing on forms prescribed by the Board within 60 calendar days of the filing of the filing in the Town Clerk's office of any action appealed from and shall be accompanied by the applicable fees in accordance with the fee schedule established by resolution of the Town Board.
B. 
Required information in appeal or application. Each appeal or application shall fully set forth the circumstances of the case. Every appeal or application shall refer to the specific applicable provision of this chapter and shall exactly set forth, as the case may be, the interpretation that is claimed, the details of the variance that is applied for and the grounds on which it is claimed that the same should be granted. Each application shall also comply with Article 8 of the Environmental Conservation Law (SEQRA) and 6 NYCRR Part 617. Where required, plans shall be prepared by a licensed professional engineer, architect or land surveyor, as the information in question requires.
C. 
Stay upon appeal. An appeal of a decision by an administrative official shall stay all activities associated with the action decided upon, unless the administrative official charged with the enforcement of such ordinance or local law from which the appeal is taken certifies to the Zoning Board of Appeals, after the notice of appeal shall have been filed with the administrative official, 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 otherwise than by a restraining order which may be granted by a court of record on application, on notice to the administrative official from whom the appeal is taken and on due cause shown.
D. 
Public notice and hearing. The Board shall fix a reasonable time and place for a public hearing on such appeal or application, of which hearing date the appellant shall be given notice and at which hearing he shall either appear in person or be represented by an agent. Any other interested party may appear at such public hearing in person or by attorney or other agent or submit comments, in writing, for receipt prior to the public hearing. The Board shall additionally provide notice as follows:
(1) 
By publishing, at least five calendar days prior to the date thereof, a legal notice in the official newspaper of the Town.
(2) 
Notice of substance of appeal or variance application.
(a) 
By requiring that the Secretary of the Zoning Board of Appeals or other designated Town employee provide notice of the substance of every appeal or variance application and of the hearing thereon, by certified mail, return receipt requested, at least five calendar days prior to the date of the hearing, to owners of all property abutting or directly opposite the land involved in the appeal or otherwise lying within 500 feet of the intended use.
(b) 
The names and addresses of owners notified shall be taken as such appear on the last completed roll of the Town.
(c) 
Compliance with this notification procedure shall be certified to by the Secretary or other designated Town employee. The Town shall charge the applicant either a flat rate or a stated amount per notice for satisfying the notice requirements. Provided that there has been substantial compliance with this provision, the failure to give notice in exact conformance herewith shall not be deemed to invalidate an action taken by the Zoning Board of Appeals in either granting or denying an appeal for a variance from a specific provision of this chapter.
(d) 
If the land involved in an appeals and/or a variances lies within 500 feet of the boundary of any other municipality, the Secretary of the Zoning Board of Appeals shall also submit, at least five business days prior to the public hearing, to the Municipal Clerk of such other municipality or municipalities a copy of the notice of the substance of every appeal, together with a copy of the official notice of such public hearing.
E. 
Decision.
(1) 
The Zoning Board of Appeals shall make a decision on the appeal or variance within 62 days after the close of the public 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 Board. Every decision of the Zoning Board of Appeals shall be recorded in accordance with standard forms adopted by the Zoning Board of Appeals and shall fully set forth the circumstances of the case and shall contain a full record of findings on which the decision is based, including a record of compliance with the applicable provisions of SEQRA.
(2) 
Every decision of the Zoning Board of Appeals shall be by resolution; and within five days, each such resolution shall be filed in the office of the Town Clerk by case number, under the heading either of "interpretation" or "variances," together with all documents pertaining thereto. The Zoning Board of Appeals shall notify the Building Inspector, each member of the Town Board, the Secretary of the Planning Board and the Municipal Clerk of any affected municipality given notice of hearing, as required by law, of its decision in each case.
F. 
Strict construction. All the provisions of this chapter relating to the Zoning Board of Appeals shall be strictly construed; the Zoning Board of Appeals, as a body of limited jurisdiction, shall act in full conformity with all provisions of law and of this chapter and in strict compliance with all limitations contained therein; provided, however, that if the procedural requirements set forth in this chapter have been substantially observed, no applicant or appellant shall be deprived of the right of application or appeal.
G. 
Expiration. Unless the variance is acted on and diligently prosecuted within 12 months of the date of its being granted, such variance shall become null and void. The Zoning Board of Appeals may grant a six-month extension for cause.
H. 
Conflict with state laws. In case of conflict with state laws, particularly Town Law §§ 267, 267-a, 267-b and 267-c and General Municipal Law §§ 239-l and 239-m, any provision of this section shall be superseded by such provisions. It is intended that this section shall be interpreted to be in harmony with such state law, and any requirements set forth in this section are intended to be in addition to those required by state law.
I. 
Referral. A full statement of any appeal that meets the specific referral requirements of §§ 239-l and 239-m of the General Municipal Law shall also be referred prior to the public hearing to the Ulster County Planning Board for its review. No action shall be taken by the Zoning Board of Appeals on such appeal until an advisory recommendation has been received from said County Planning Board or 30 days have elapsed since the County Planning Board received such full statement.
J. 
Compliance with State Environmental Quality Review Act. The Zoning 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.
A. 
Interpretations, requirements, decisions and determinations. The Zoning 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 such ordinance or local law and to that end shall have all the powers of the administrative official from whose order, requirement or decision the appeal is taken.
B. 
Use variances.
(1) 
The Zoning Board of Appeals, on appeal from the decision or determination of the administrative official charged with the enforcement of such ordinance or local law, shall have the power to grant use variances, authorizing a use of the land which otherwise would not be allowed or would be prohibited by the terms of the ordinance or local law.
(2) 
No such use variance shall be granted by the Zoning 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 Zoning Board of Appeals that:
(a) 
Under the applicable zoning regulations imposed by this chapter, the applicant is deprived of all economic use or benefit from the property in question, which deprivation must be established by competent financial evidence;
(b) 
The alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood;
(c) 
The requested use variance, if granted, will not alter the essential character of the district or neighborhood; and
(d) 
The alleged hardship has not been self-created.
(3) 
The Zoning 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.
C. 
Area variances.
(1) 
The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of an administrative official charged with the enforcement of such ordinance or local law, to grant area variances from the area or dimensional requirements of such ordinance or local law.
(2) 
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:
(a) 
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;
(b) 
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;
(c) 
Whether the requested area variance is substantial;
(d) 
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
(e) 
Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Zoning Board of Appeals but shall not necessarily preclude the granting of the area variance.
(3) 
The Zoning Board of Appeals, in the 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.
D. 
Imposition of conditions. The Zoning 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 or the period of time such variance shall be in effect. Such conditions shall be consistent with the spirit and intent of the zoning ordinance or local law and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
E. 
Referral to Planning Board. The Zoning Board of Appeals may refer to the Planning Board applications of use variances and may refer to the Planning Board any other pertinent matters for review and recommendations. The Zoning Board of Appeals shall defer any decision thereon for a period of not more than 30 days pending a report from the Planning Board. Upon failure to submit such report, the Planning Board shall be deemed to have waived any rights concerning the matter being referred.