The Zoning Board of Appeals, as heretofore established by the
Town Board pursuant to § 267 of the Town Law of the State
of New York, is hereby maintained.
12.1.1 Membership. The Zoning Board of Appeals shall consist of seven members
who may serve with compensation. The Town Board, by resolution, shall
appoint the members thereof and shall designate the Chairman. No person who is a member of the Town Board shall be eligible
to serve simultaneously on the Board of Appeals.
12.1.2 Terms of office. The members of the Zoning Board
of Appeals holding office on the effective date of
this chapter shall continue to hold such office until
the expiration of their respective terms and the appointment of their
successors. Of the first of the successor members, upon the expiration
of each of the aforesaid terms, two shall hold office for the term of one year, three for the term of two years and two
for the term of three years from and after their respective appointments.
Their successors shall be appointed for a term 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 with a successor appointed by the Town
Board for the unexpired term.
12.1.3 Removal of members. The Town Board shall have the power to remove
any member of the Zoning Board of Appeals for cause and after a public
hearing.
The presence of four members of the Zoning Board of Appeals
shall constitute a quorum. The concurring vote of four members shall
be necessary to effect any variation or variance in this chapter,
to reverse any order, requirement, decision or determination appealed
from or to decide in favor of the applicant in any
matter before the Board. The Board shall keep minutes of its proceedings,
showing the vote of each member on every question and, if any member
is absent or fails to vote, indication of such fact. The Board shall
also keep records of its review and other official actions. Every
rule, determination, regulation, amendment or appeal thereof, and
every order, requirement and decision of the Zoning Board of Appeals,
shall immediately be filed in the office of said
Board.
A variance granted under this chapter shall automatically expire
if substantial construction in accordance with the plans for which
such variance was granted has not been completed within one year,
or such other time limit as may be chosen by the Zoning Board of Appeals
in connection with its decision, from the date of filing the resolution
of approval of variance by the Board; or, if judicial proceedings
to review the Board's decision shall be instituted, from the date
of entry of the final order in such proceedings, including all appeals.
[Amended 10-16-2012 by L.L. No. 3-2012]
All fees charged by the Board of Appeals shall be in an amount
as determined by the Commissioner of the Department of Planning and
Development.