A Board of Appeals is hereby created. Said Board shall consist
of five members appointed by the Town Board, which shall also designate
a Chairman. No person who is a member of the Town Board shall be eligible
for membership on such Board of Appeals. Of the members of the Board
first appointed, one shall hold office for the term of one year, one
for the term of two years, one for the term of three years, one for
the term of four years and one for the term of five years from and
after his appointment. Their successors shall be appointed for the
term of five years from and after the expiration of the terms of their
predecessors in office. If a vacancy shall occur otherwise than by
expiration of term, it shall be filled by the Town Board by appointment
for the unexpired term.
A.
The Board of Appeals shall have all the powers and duties prescribed
by Chapter 62, §§ 267-a and 267-b, of the Town Law
of the State of New York and by this chapter, which powers and duties
are more particularly specified as follows:
[Amended 9-10-1996 by L.L. No. 2-1996]
(1)
Interpretation. Upon appeal from a decision by an administrative
official, to decide any question involving the interpretation of any
provision of this chapter, including determination of the exact location
of any district boundary if there is uncertainty with respect thereto.
(2)
Variances. To vary or adopt the strict application of any of the
requirements of this chapter in the case of exceptionally irregular,
narrow, shallow or steep lots or other exceptional physical conditions,
whereby such strict application would result in practical difficulty
or unnecessary hardship that would deprive the owner of the reasonable
use of the land or building involved but in no other case. No variance
in the strict application of this chapter shall be granted by the
Board of Appeals unless it finds:
(a)
That there are special circumstances or conditions, fully described
in the findings of the Board, applying to such land or buildings and
not applying generally to land or buildings in the neighborhood, and
that said circumstances or conditions are such that strict application
of the provisions of this chapter would deprive the applicant of the
reasonable use of such land or buildings.
(b)
That, for reasons fully set forth in the findings of the Board,
the granting of the variances is necessary for the reasonable use
of the land or building and that the variance, as granted by the Board,
is the minimum variance that will accomplish this purpose.
(c)
That the granting of the variance will be in harmony with the
general purpose and intent of this chapter and will not be injurious
to the neighborhood or otherwise detrimental to the public welfare.
(3)
Special permits. To issue special permits for ponds.
[Added 8-8-2000 by L.L. No. 3-2000]
B.
In granting any variance, the Board of Appeals shall prescribe any
conditions that it deems to be necessary or desirable.
[Amended 12-10-2002 by L.L. No. 6-2002]
The Board of Appeals shall act in strict accordance with the
procedure specified by law and by this chapter. All appeals and applications
made to the Board shall be in writing, on forms prescribed by the
Board and available from the Code Enforcement Officer. Every appeal
or application shall refer to the specific provision of the chapter
involved and shall exactly set forth the interpretation that is claimed
or the details of the variance that is applied for and the grounds
on which it is claimed that the variance should be granted, as the
case may be.
[Amended 9-10-1996 by L.L. No. 2-1996]
The office of the Town Clerk shall be the office of the Board
of Appeals, and every rule, regulation, amendment or repeal thereof
and every order, requirement, decision or determination of the Board
shall be filed within five days in said office as required by § 267-a
of the Town Law of the State of New York.
[Amended 9-10-1996 by L.L. No. 2-1996]
The Board shall fix reasonable time for the hearing of appeals
and shall give due notice of the time set for the hearing to the applicant
and to state and county agencies as may be required by § 267-a
of the Town Law. Public notice shall be by the publication of a notice
in the official newspaper of the Town, pursuant to law, and shall
briefly describe the nature of the appeal and the time and place of
the hearing. The Town Clerk will send notice of application for variance
to owners of property adjacent to the affected property according
to latest assessment roll on file with the Town. Failure of notification
shall in no way affect the legality of these proceedings.
