A.
Establishment. Pursuant to the Town Law of the State of New York, Article 16, § 267, Chapter 62 of the Consolidated Laws, there shall be a Zoning Board of Appeals (also referred to as "Board of Appeals" or ZBA in this chapter).
B.
Zoning Board of Appeals heretofore established. The Board of Appeals heretofore established shall continue to function under the provisions of this chapter, and the members thereof may continue in office until their respective terms expire.
C.
Secretary. The Board is authorized to employ a Secretary or Clerk, who is not a member of the Board, at a salary to be fixed by the Town Board.
D.
General grant of power. The Board of Appeals shall perform all the duties and have all the powers as prescribed by the Town Law and as herein more particularly provided.
E.
Rules of procedure. The Board shall adopt and file in the Town Clerk's office such rules of procedure, not inconsistent with the provisions of Town Law and local ordinance, as it may deem necessary to the proper performance of its duties and the proper exercise of its powers. The existing rules and regulations of the Board of Appeals heretofore established, insofar as not inconsistent with this chapter, are hereby continued in force and effect, until amended or repealed by the Board.
F.
Meetings. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. All meetings shall be open to the public.
G.
Public hearings.
(1)
Prior to taking any action on any application before it, the Zoning Board of Appeals shall advertise a public hearing in a newspaper of general circulation within the Town at least five days prior to the date of the hearing.
(2)
In addition, the applicant shall send a copy of the notice of public hearing by certified mail, return receipt requested, to the owners of all property within 300 feet of the property which is the subject of the variance application or zoning interpretation as the names and addresses of said owners appear on the latest assessment roll of the Town. Such notice shall be mailed at least five days prior to the hearing. Proof of such mailings and receipts for same shall be filed with the Zoning Board prior to, or at the time of, said hearing.
H.
Property near municipal boundary. In any matter which relates to a property which lies within 500 feet of the boundary of another municipality, the Secretary of the Board of Appeals shall transmit to the Municipal Clerk of such other municipality a copy of the official notice of the public hearing on such matter, not later than one day after publication thereof. Such other municipality shall have the right to appear and to be heard at such public hearing.
I.
Minutes and records. The Secretary shall keep minutes of the Board's proceedings showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact. The Secretary shall keep records of the Board's examinations and official actions, all of which shall be immediately filed in the office of the Board and shall be a public record. A card index record of all variances and special uses granted pursuant to action of the Board under this chapter shall be maintained in an alphabetical street file, and the location of such variances and special uses shall be marked upon a copy of the Zoning Map. Said file and said map shall be available for public inspection.