§ 7-712 Zoning Board of Appeals.
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1.
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Such Board of Trustees shall by resolution establish a Board
of Appeals consisting of three or five members, one of whom shall
be appointed Chairman, and another Deputy Chairman who shall act in
the absence or inability of the Chairman, for a period of three years,
in the case of a three-member board, and for five years in the case
of a five-member board. In addition, the Board of Trustees may appoint,
for a one-year term, two alternate members to the Board of Appeals
who shall be entitled to serve and function in the place and stead
of a regular member on account of the absence or inability of a regular
Board member to serve or function. The first appointments of members
thereto shall be for terms so fixed that at least one will expire
at the end of each official year commencing at the end of the current
such year and continuing in succeeding years until the entire original
appointment runs out. At the expiration of each original appointment
the succeeding members shall be appointed for three-year terms in
the case of a three-member board, and five-year terms in the case
of a five-member board. No such term shall exceed five years. No person
who is a member of the Village Board of Trustees shall be eligible
for membership on such Board of Appeals. Any member of the Board may
be removed by the Mayor for cause and after public hearing. All meetings
of the Board of Appeals shall be held at the call of the Chairman
and at such other times as such Board may determine. Such Chairman
may administer oaths and compel the attendance of witnesses. Meetings
of such Board shall be open to the public to the extent provided in
Article 7 of the Public Officers Law. Such Board 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 question,
and shall also keep records of its examinations and other official
actions. Every rule, regulation, every amendment or repeal thereof,
and every order, requirement, decision or determination of the Board
shall immediately be filed in the office of the Board and with the
Village Clerk and shall be a public record.
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2.
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Such Board of Appeals shall hear and decide appeals from and
review any order, requirement, decision or determination made by an
administrative official charged with the enforcement of any ordinances
or local laws adopted pursuant to this article. It shall also hear
and decide all matters referred to it upon which it is required to
pass under any such local law or ordinance. The concurring vote of
a majority of the Board shall be necessary to reverse any order, requirement,
decision or determination of any such administrative official, or
to decide in favor of the applicant any matter upon which it is required
to pass under any such ordinance or local law or to effect any variation
in such local law or ordinance. Such appeal may be taken by any person
aggrieved, or by an officer, department, board or bureau of the Village.
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a.
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Such appeal shall be taken within such time as shall be prescribed
by the Board of Appeals by general rule, by filing with the officer
from whom the appeal is taken and with the Board of Appeals a notice
of appeal, specifying the grounds thereof. The officer from whom the
appeal is taken shall forthwith transmit to the Board all of the papers
constituting the record upon which the action appealed from was taken.
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b.
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An appeal stays all proceedings in furtherance of the action
appealed from, except actions or proceedings pending in Village Court
or any court of record, unless the officer from whom the appeal is
taken certifies to the Board of Appeals after the notice of appeal
shall have been filed with him that by reason of facts stated in the
certificate a stay would, in his opinion, create a nuisance or 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 a court of record on application, on
notice to the officer from whom the appeal is taken and on due cause
shown.
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c.
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The Board of Appeals shall fix a reasonable time for the hearing
of the appeal and give due notice thereof to the parties, and not
less than 10 days prior to the hearing date publish such notice at
least once in the official newspaper of the Village, or if there is
no official newspaper designated, the newspaper designated by the
Village Board of Trustees for such purposes, and decide the same within
62 days after the conclusion of the final hearing. Upon the hearing,
any party may appear in person or by agent or by attorney. The Board
of Appeals may reverse or affirm, wholly or partly, or may modify
the order, requirement, decision or determination appealed from and
shall make such order, requirement, decision or determination as in
its opinion ought to be made in the premises and to that end shall
have all the powers of the officer from whom the appeal is taken.
The Board of Appeals shall have the power in passing upon appeals,
to vary or modify the application of any of the provisions of such
local law or ordinance relating to the use, construction, or alteration
of buildings or structures, or the use of land, pursuant to the standards
of the Village Law, and so that the spirit of the local law or ordinance
shall be observed, public safety and welfare secured and substantial
justice done.
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d.
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The Board of Appeals may render its decision on any appeal or
application in a short form format, setting forth the Board's determination
and conditions, if any, without enumerating the findings which formed
the basis for its determination. Any appellant, applicant, or person
or persons, jointly or severally aggrieved by a decision of the Board,
may within 30 days after the filing of the short form decision in
the office of the Village Clerk, file a written demand with the Village
Clerk requesting that the Board of Appeals render its decision in
a long form format containing findings which formed the basis for
the Board's determination. The Village Clerk shall promptly deliver
this written demand to the Chairman, who, upon its approval by the
Board, shall file it with the Village Clerk.
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In cases where the Board renders a short form decision, and
no written demand requesting a long form decision is filed within
the required thirty-day period, the date of filing of the short form
decision with the Village Clerk shall be deemed the date of the filing
of the Board's decision for all purposes. In cases where the Board
renders or is required to render a long form decision, the date of
filing of the long form decision with the Clerk shall be deemed the
date of filing of the Board's decision for all purposes.
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3.
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Any officer, department, board or bureau of the Village, with
the approval of the Board of Trustees, or any person or persons, jointly
or severally aggrieved by any decision of the Board of Appeals, may
apply to the State Supreme Court for relief by a proceeding under
Article 78 of the Civil Practice Law and Rules. It must be instituted
within 30 days after the filing of a decision in the office of the
Village Clerk. The Court may take evidence or appoint a referee to
take such evidence as it may direct and report the same with his findings
of fact and conclusions of law, if it shall appear that testimony
is necessary for the proper disposition of the matter. The Court at
Special Term shall itself dispose of the cause on the merits, determining
all questions which may be presented for determination.
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4.
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Costs shall not be allowed against the Board, unless it shall
appear to the Court that it acted with gross negligence or in bad
faith or with malice in making the decision appealed from.
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5.
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All issues in any proceeding under this section shall have preference
over all other civil actions and proceedings.
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6.
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Conditions and safeguards. In all cases where the Board of Appeals
authorizes the issuance of a building permit or occupancy permit under
any of the above powers, it shall be the duty of said Board to impose
such conditions and safeguards as may be required to protect the public
health, safety, morals and general welfare.
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