The Zoning Board of Appeals shall have all the powers and duties prescribed by Chapter
62, § 267, of the Town Law and by this chapter, which are more particularly specified as follows:
A. Administrative review.
(1) The Zoning Board of Appeals shall hear and decide appeals where it
is alleged there is an error in any order, requirement, decision or
determination made by an administrative officer or body in the enforcement
of this chapter.
(2) The Zoning 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 and, to that end, shall have all
the powers of the officer or body from whom the appeal is taken.
(3) The Zoning Board of Appeals shall hear and decide on interpretive
matters where the provisions of this chapter, including the determination
of exact district boundaries, are not clear.
B. Variances.
(1) The Zoning Board of Appeals is empowered to authorize, upon appeal
in specific cases, such variance from the terms of this chapter as
will not be contrary to the public interest where, owing to conditions
peculiar to the property, a literal enforcement of the provisions
herein would result in unnecessary hardship or practical difficulties.
(2) As used herein, a variance may be authorized for height, area, size
of structure, size of yards and open spaces or establishment or expansion
of a use otherwise prohibited.
(3) A variance shall not be granted solely because of the presence of
nonconformities in the zoning district or uses in other zoning districts.
(4) In granting any variance, the Zoning Board of Appeals shall prescribe
any conditions that it deems to be necessary or desirable.
(5) Variances granted shall be the minimum which would accomplish the
purpose of providing for reasonable use of land or buildings.
(6) Variances granted shall be in harmony with the general purpose and
intent of this chapter and shall not be injurious to the neighborhood
or otherwise detrimental to the public welfare.
The office of the Town Clerk shall be the office of the Zoning
Board of Appeals. Every rule, regulation, amendment or repeal thereof
and every order, requirement, decision or determination of the Board
shall be filed in said office as required by § 267 of the
Town Law of the State of New York. The Zoning Board of Appeals shall
keep minutes of its proceedings, showing the vote of each member,
indicating such fact, and shall keep records of its environmental
reviews and determinations, its examinations and other official actions.
Any variance or modification of this chapter authorized by the
Zoning Board of Appeals shall be automatically revoked unless a site
development permit or building permit, conforming to all the conditions
and requirements established by the Zoning Board of Appeals, is obtained
within six months of the date of approval by the Zoning Board of Appeals
and construction commenced within one year of such date of approval.
Variances not requiring permits must be executed within nine months
of approval.
Failure to comply with any condition or restriction prescribed
by the Zoning Board of Appeals in approving any appeal for a variance
or a modification of regulations shall constitute a violation. Such
violation may constitute the basis for revocation of a variance or
modification or for imposing penalties and other applicable remedies.
The Planning Board shall have the following powers and duties:
A. Said Board is hereby vested with the powers and duties and made subject
to the limitations set forth in the Town Law, as the same may be amended,
modified or changed from time to time, or any sections subsequently
adopted pertaining to the Planning Board.
B. To maintain, and from time to time update, the Comprehensive Plan
for the development of the Town as provided under the Town Law.
C. To review development proposals; to approve or disapprove the laying
out, closing off, abandonment or changes in lines of streets, highways
and public areas; and to make recommendations to the Town Board.
D. To make investigations and reports relating to the planning and development
of the Town, including changes in boundaries of districts, recommended
changes in the provisions of this chapter and to act on any matter
lawfully referred to it by the Town Board.
E. To review, act on or provide advisory reports or applications as
specified by this chapter.
F. To review and approve, approve with modifications or disapprove special
use permits as specified in this chapter.
G. To review and approve, approve with modifications or disapprove site
plans, prepared to specifications set forth in this chapter, showing
the arrangement, layout and design of proposed uses, buildings and/or
structures shown on such plan.
The office of the Town Clerk shall be the office of the Planning
Board. Every rule, regulation, amendment or repeal thereof and every
order, requirement, decision or determination of the Board shall be
filed in said office as required by the Town Law of the State of New
York. The Planning Board shall keep minutes of its proceedings, showing
the vote indicating such fact, and shall keep records of its environmental
reviews and determinations, its examinations and other official actions.