Any appeal may be taken by any person aggrieved
or by an officer, department, board or bureau of the Town of Clarkstown.
Upon any hearing, any party may appear in person or by agent or attorney.
Insofar as is possible and practicable, all
appeals and the papers on which such appeals are based shall be made
and submitted on the official forms heretofore or hereafter approved
by this Board.
It shall be the duty of the Building Inspector,
on the hearing of any appeal, to see that all papers upon which the
appeal is based are in proper order and are submitted to the Board
at the time of hearing the appeal.
The Board of Appeals will hold a hearing of
the appeal provided notice of such appeal has been filed in the proper
form as required by these rules at least 10 days prior to said meeting.
[Amended 3-5-1962; 8-20-2013 by L.L. No. 6-2013]
The Board of Appeals shall decide upon the appeal
within 62 days after the conduct of said hearing. The time within
which the Board of Appeals must render its decision may be extended
by mutual consent of the applicant and the Board. Such decision, when
made, shall be communicated to the party making the appeal within
three days.
The concurring vote of a majority of the members
of the Board shall be necessary to reverse any order, requirement,
decision or determination of any administrative official or to decide
in favor of the applicant any matter upon which it is required to
pass under the Zoning Ordinance or to effect any variation in such
ordinance.
An appeal stays all proceedings in furtherance
of the action appealed from, 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, cause imminent peril
to life or property. In such 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.
Upon all applications for a variance, the Board
of Appeals may, in its discretion, and must in a particular or unusual
case, require that three days' notice of all hearings be given to
owners or occupants of property in a designated area adjacent to the
property affected by such appeal or application; and such notice,
when ordered, may be served on the persons designated personally or
by mail. The designated area shall be determined by the Board in each
case in accordance with existing local conditions.
[Amended 8-20-2013 by L.L. No. 6-2013]
Upon hearing such appeal, the following order of business and
procedure shall be followed as nearly as possible:
A. Examination of papers upon which the appeal is based.
B. Examination of proof of service of notice of hearing.
C. Reading of the notice of the hearing and any further explanation
desired by the Chairman.
D. Consideration of proof, if any, offered by the appellant.
E. Consideration of proof offered in support of the Building Inspector's
case.
F. Consideration of proof, if any, offered by a member of the public.
Such offer of proof shall be limited to three minutes and shall be
directed to the Chairman.
G. Appellant's or applicant's rebuttal.