A.
Purpose and authority. A Zoning Board of Appeals is established in
accordance with § 267 of the NYS Town Law. The Zoning Board
of Appeals shall have all of the authority, jurisdiction and duties
granted to such Boards by NYS Town Law §§ 267, 267-a,
267-b and any other applicable state law, and as provided in this
chapter, and shall also have the authority to issue special use permits,
in accordance with NYS Town Law § 274-b and this chapter.
B.
Membership.
(1)
The Board shall consist of five members appointed by the Town Board
for staggered terms of five calendar years.
(2)
All members and alternate members of the Zoning Board of Appeals
shall be residents of the Town of Copake. No person who is a member
of the Town Board shall be eligible for membership on the Zoning Board
of Appeals.
(3)
The Town Board shall appoint at least one person, but not more than
two persons, as an alternate member of the Zoning Board of Appeals
for a term of five calendar years. The term of the first-appointed
alternate member serving at the time of adoption of this provision
shall end on December 31, 2020, and the subsequent terms shall end
on December 31 of the ensuing five-year periods. The term of any additional
alternate member shall be staggered to as to terminate on December
31 of successive years. Appointments to fill vacancies shall be for
the remainder of the term of the position to be filled. All provisions
of this Zoning Law relating to Zoning Board member training and continuing
education, attendance, conflict of interest, compensation, eligibility,
vacancy in office, removal, and service on other boards shall also
apply to alternate members. Notwithstanding any limitation contained
in NYS Town Law § 267 or elsewhere, the chairperson of the
Zoning Board of Appeals shall be authorized to designate an alternate
member so appointed to participate in any meeting, vote, action, or
proceeding of the Board in place of a member who is unable to participate
due to a conflict of interest or absence, provided that such alternate
shall have been in attendance for any public hearing in relation to
the matter at issue or otherwise familiarized himself or herself with
the relevant record prior to casting a vote in the determination or
disposition of a matter. The designation of the alternate member shall
be entered into the minutes of the initial Zoning Board of Appeals
meeting at which the substitution is made. At all other times, an
alternate member may participate in discussions of the proceedings,
but may not vote.
(4)
Terms of members now in office. Members now holding office shall
continue in their positions for the duration of their respective terms,
as previously appointed.
C.
Training and attendance requirements.
(1)
Each member of the Zoning Board of Appeals and each alternate member
shall complete, at a minimum, four hours of training each year, in
accordance with § 267 of the NYS Town Law.
(2)
To be eligible for reappointment to the Board, a member or alternate
member shall have completed the required training.
(3)
No decision of the Zoning Board of Appeals shall be voided or declared
invalid because of a failure to comply with this training requirement.
D.
Vacancy in office. If a vacancy shall occur otherwise than by expiration
of term, the Town Board shall appoint a new member for the unexpired
term.
E.
Chairperson. The Town Board shall designate one of the Zoning Board
of Appeals members as chairperson to preside at all meetings and hearings
and to fulfill the authorized duties of that office. The Chairperson
shall annually appoint one of the Zoning Board of Appeals members
as Vice Chairperson. In the absence of the Chairperson, the Vice Chairperson
shall act as Chairperson and shall have all the powers of the Chairperson.
The Vice Chairperson shall have such other powers and duties as may
be provided by the rules of the Board. All meetings of the Zoning
Board of Appeals shall be held at the call of the Chairperson and
at such other times as the Board may determine. The Chairperson, or
in his or her absence, the Acting Chairperson, may administer oaths
to applicants, witnesses, or others appearing before the board and
may compel the attendance of witnesses.
F.
Board of Appeals procedure.
(1)
The procedures of the Zoning Board of Appeals shall be in accordance
with §§ 267-a and 274-b as applicable to special use
permits, of Article 16 of the New York State Town Law, and as follows.
(2)
Filing requirements. Every rule, regulation, every amendment or repeal
thereof, and every order, requirement, decision or determination of
the Zoning Board of Appeals shall be filed in the office of the Town
Clerk within five business days and shall be a public record.
(3)
Assistance to Zoning Board of Appeals. The Board shall have the authority
to call upon any department, agency or employee of the Town for such
assistance as the Board deems necessary.
(4)
For the purposes of this chapter and the provisions of Article 16
of the New York State Town Law, the administrative official charged
with enforcement shall include the Zoning Enforcement Officer, the
Building Inspector and/or the Code Enforcement Officer as applicable
pursuant to the provisions of this chapter and those officers shall
be referred to collectively in this section of the chapter as "enforcement
officer."
(5)
Where a proposed special use, site plan, or subdivision application
contains one or more features which do not comply with the zoning
regulations, application may be made to the Zoning Board of Appeals
for an area variance without the necessity of a decision or determination
by the enforcement officer.
(6)
The term "appeal" includes application for a variance.
(7)
Filing of administrative decision and time of appeal.
(a)
Each order, requirement, decision, interpretation or determination
of the enforcement officer charged with the enforcement of the Town
of Copake Zoning Law shall be filed, in accordance with NYS Town Law
§ 267-a, within five business days from the day it is rendered,
and shall be a public record.
(b)
All appeals must be taken within 60 days after the filing of
any order, requirement, decision, interpretation or determination
of the Enforcement Officer by filing with the Enforcement Officer
and with the Zoning Board of Appeals a notice of appeal. The notice
of appeal shall state or include the following:
[1]
A copy of the order, requirement, decision, interpretation or
determination being appealed;
[2]
Identification of the specific section of the Zoning Law or
other code or law involved;
[3]
Description of either the interpretation claimed by the applicant
or the variance or other relief that is sought;
[4]
A statement of the grounds upon which it is claimed the relief
should be granted;
[5]
A short or full environmental assessment form as required by
the State Environmental Quality Review Act (SEQRA);
[6]
An agricultural data statement if required by Article 25-aa
of the New York State Agriculture and Markets Law;
[7]
Other documents relevant to the appeal specified by the Zoning
Board of Appeals.
(c)
The appellant shall also be required to pay a filing fee at
the time of the filing of the appeal in an amount to be established
by the Town Board.
(d)
Upon receiving a notice of appeal, the Enforcement Officer shall
transmit to the Zoning Board of Appeals all papers constituting the
record upon which the action appealed from was taken.
(8)
Public hearing. The Zoning Board of Appeals shall fix a reasonable
time for the hearing of the appeal or other matter referred to it
and shall provide notice as follows:
(a)
The Zoning Board of Appeals shall give public notice of such
public hearing by publication in a paper of general circulation in
the Town at least five days prior to the date thereof.
(b)
The Zoning Board of Appeals shall mail notice of the hearing
to the appellant or applicant and other parties at least five days
before the public hearing.
(c)
The Zoning Board of Appeals shall, at the applicant's expense,
send or cause to be sent notice of the public hearing to abutting
property owners, the owners of property within 500 feet of the property
which is the subject of the appeal, and those agricultural operators
identified on the agriculture data statement, by certified mail, return
receipt to the Town of Copake Zoning Board of Appeals, at least seven
days prior to the public hearing. The names and addresses of the property
owners to be notified in accordance with the foregoing shall be taken
from the last completed tax roll of the Town.
(d)
When required by, and in accordance with, § 267-a
of the NYS Town Law and § 239-m of the NYS General Municipal
Law, the Zoning Board of Appeals shall provide notice of the public
hearing, accompanied by a full statement of the proposed action, to
the Columbia County Planning Board by mailing such notice to the County
Planning Board at least five days before such hearing.
(e)
When required by, and in accordance with, § 267-a
of the NYS Town Law, the Zoning Board of Appeals shall also provide
notice of the public hearing to the regional state park commission
having jurisdiction over any state park or parkway within 500 feet
of the property affected by such appeal by mailing such notice to
such commission at least five days before such hearing.
(f)
The cost of sending or publishing any notices relating to such
appeal, or a reasonable fee relating thereto, shall be borne by the
appealing party and shall be paid to the Board prior to the hearing
of such appeal.
(g)
Provided that there has been substantial compliance with this
provision, failure to give notice in strict conformance herewith shall
not invalidate an action taken by the Zoning Board of Appeals in either
granting or denying a variance from a specific provision of this Zoning
Law.
(h)
The public hearing shall not be closed until after either a
negative declaration has been issued, or a draft environmental impact
study (DEIS) has been accepted, pursuant to SEQRA.
(9)
Referral to the Town of Copake Planning Board. The Zoning Board of
Appeals shall transmit to the Town of Copake Planning Board a copy
of the appeal or application, and shall request that the Planning
Board submit to the Board of Appeals its advisory opinion on said
appeal or application. The Planning Board shall submit a report of
such advisory opinion prior to the date of the public hearing. The
failure of the Planning Board to submit such report within 35 days
from the date the Zoning Board of Appeals transmitted their request
for an advisory opinion with a copy of the appeal or application to
the Planning Board shall be interpreted as a favorable opinion for
the appeal or application.
G.
Decision. The Board of Appeals shall decide upon the appeal within
62 days after the hearing is completed. The time within which the
Board of Appeals must render its decision may be extended by mutual
consent of the applicant and the Board. When a matter is subject to
County Planning Board review pursuant to § 239-m of the
NYS General Municipal Law, the Zoning Board shall not render a decision
or take final action except in compliance with the time periods and
voting requirements set forth therein.
(1)
Filing of decision and notice. The decision of the Board of Appeals
on the appeal shall be filed in the office of the Town Clerk within
five business days after the day such decision is rendered, and a
copy thereof mailed to the applicant.
(2)
When an appeal or matter has been subject to County Planning Board
review, the Zoning Board of Appeals shall, within 30 days of taking
final action, file a report of the decision or action with the County
Planning Board, in accordance with § 239-m of the NYS General
Municipal Law.
(3)
Expiration and termination of variance. An area variance shall expire
and become void 10 years after approval unless the applicant shall
have commenced and substantially proceeded with the use. A use variance
shall expire and become void one year after approval unless the applicant
shall have commenced and substantially proceeded with the use. In
either event, the Zoning Board of Appeals may, upon written request
of the applicant submitted at least 60 days prior to such expiration,
extend this period one time for a period of no more than six months.
H.
Any amendment, modification, or revision to an approved variance
sought by an applicant shall be subject to all statutory requirements
applicable to a new application and to all procedural requirements
as set out in this chapter applicable to a new application. The reviewing
board may, however, at its discretion, take account of materials and
information previously submitted with the original application and
modify the submission requirements for the requested amendment, modification,
or revision accordingly.
A.
Authorization to grant or deny special uses. The Town Board authorizes
the Zoning Board of Appeals to grant or deny special uses in accordance
with § 274-b of the New York Town Law and the provisions
set forth in this section. No land or structure may be used or constructed
for any use requiring a special use permit pursuant to this chapter,
and no use subject to a special use permit under this chapter may
be permitted, enlarged or altered, unless approved by the Zoning Board
of Appeals.
B.
Application for special use.
(1)
Sketch plan. At the option of the applicant, a sketch plan conference
may be held between the Zoning Board of Appeals and the applicant
prior to the preparation and submission of a formal application for
a special use permit. The intent of such a conference is to enable
the applicant to inform the Zoning Board of the proposal prior to
the preparation of a detailed application and for the Zoning Board
to review the basic proposal, advise the applicant as to potential
problems and concerns and to generally determine the information to
be required on the permit application. In order to accomplish these
objectives, the applicant should provide seven copies of the following,
submitted in writing to the Zoning Board of Appeals at least 10 days
prior to the date of the next regular meeting of the Zoning Board
of Appeals, accompanied by a request to be placed on the meeting agenda
for a sketch conference:
(a)
A description of the nature and intensity of the use;
(b)
An area map showing the parcel under consideration for a special
use permit;
(c)
A statement and rough sketch showing the locations and dimensions
of principal and accessory structures, parking areas, access, signs,
existing and proposed vegetation, and other planned features; general
anticipated changes in the existing topography and natural features;
and, where applicable, measures and features to comply with wetland,
stream, flood hazard and flood insurance regulations, if needed;
(d)
A sketch map showing locations of natural features such as wetlands,
streams, or lakes;
(e)
A statement indicating which zoning district the project is
proposed to be located in and whether that location is within the
New York Agricultural District; and
(f)
A sketch or map of the area which clearly shows the location
of the site with respect to nearby streets, rights-of-way, properties,
easements and other pertinent features.
(2)
Subsequent to the sketch conference, if one is held, or prior to
the meeting at which the application is to be presented, seven copies
of the application accompanied by the following shall be delivered
to the Zoning Board of Appeals at least 10 days prior to the date
of the next regular meeting of the Zoning Board of Appeals.
(a)
The information and materials specified above for a sketch conference;
(b)
An agricultural data statement, if required;
(c)
Environmental assessment form;
(d)
A topographic or contour map of adequate scale and detail to
show site topography. The Zoning Board of Appeals shall have the discretion
to waive the provision of a topographical map in the event that the
applicant shall show that the contour of the subject matter parcel(s)
does not impact in the project in any manner;
(e)
Other materials or information, relevant or necessary for the
consideration of the permit as directed by the Zoning Board.
(3)
Where site plan approval also required. Where site plan approval
is also required, the site plan review process may, at the option
of the applicant, be conducted concurrently with the special use permitting
process.
(4)
Waiver request. The Zoning Board of Appeals may find that some requirements
of this subdivision are not requisite in the interest of the public
health, safety or general welfare or are inappropriate to a particular
special use. Waivers shall be explicitly requested by the applicant
in writing, and expressly granted only by the Zoning Board of Appeals.
The Zoning Board of Appeals may waive any submission requirements
for the approval or disapproval of special use permits provided such
a waiver does not prevent or circumvent the purposes and intent of
this chapter or the Comprehensive Plan. The Zoning Board of Appeals
may, in granting waivers, incorporate such reasonable conditions as
will in its judgment substantially secure the objectives of the requirements
so waived. The Zoning Board of Appeals must state, in writing, its
grounds for electing to conduct less intensive review and file such
statement along with the special use permit application and supporting
documents. Requirements of this law may not be waived except upon
a concurring vote of a majority of the fully constituted Zoning Board
of Appeals.
C.
Procedures.
(1)
The Zoning Board of Appeals shall, upon a determination by the Board
that an application is complete, commence the review process. If,
after 45 days have elapsed subsequent to the filing of the special
use permit application, the Zoning Board of Appeals determines that
the application remains incomplete, the Zoning Board may reject the
application as incomplete and return the application to the applicant,
without prejudice, with a letter identifying and describing the application
deficiencies.
(2)
Public hearing required. Within 62 days of receipt of a complete
application, the Zoning Board of Appeals shall hold a public hearing
and provide notice as follows.
(a)
Public notice of said hearing shall be printed in a newspaper
of general circulation in the Town at least five days prior to the
date thereof.
(b)
The Zoning Board of Appeals shall mail notice of the hearing
to the applicant at least 10 days before such hearing.
(c)
The Zoning Board of Appeals shall, at the applicant's expense,
send or cause to be sent notice of the public hearing to abutting
property owners and those agricultural operators identified on the
agriculture data statement, by certified mail, return receipt to the
Town of Copake Zoning Board of Appeals, at least seven days prior
to the public hearing. The names and addresses of the property owners
to be notified in accordance with the foregoing shall be taken from
the last completed tax roll of the Town.
(d)
When required by, and in accordance with, § 267-a
of the NYS Town Law and § 239-m of the NYS General Municipal
Law, the Zoning Board of Appeals shall provide notice of the public
hearing, accompanied by a full statement of the proposed action, to
the Columbia County Planning Board by mailing such notice to the County
Planning Board at least 10 days before such hearing.
(e)
The cost of sending or publishing any notices relating to such
application, or a reasonable fee relating thereto, shall be borne
by the applicant and shall be paid to the Board prior to the hearing
of such application.
(f)
Provided that there has been substantial compliance with this
provision, failure to give notice in strict conformance herewith shall
not invalidate an action taken by the Zoning Board of Appeals.
(g)
The public hearing shall not be closed until after either a
negative declaration has been issued, or a draft environmental impact
study (DEIS) has been accepted, pursuant to SEQRA:
D.
Approval and conditions.
(1)
Prior to approving an application for a special use permit, the Zoning
Board of Appeals shall determine that the proposed special use, as
submitted or modified, with conditions, will conform to the character
of the neighborhood within which it is located, will have no more
adverse effects on health, safety, or welfare of persons living or
working in the neighborhood and shall be no more injurious to property
or improvements in the neighborhood than would any other use generally
permitted in the same district, and conforms to the objectives enumerated
below.
(2)
In approving any special use permit, the Zoning Board of Appeals
may impose such reasonable standards, conditions, or requirements
as it determines to be necessary in order to protect the public interest
and welfare and to be consistent with the Town of Copake Comprehensive
Plan. The Zoning Board of Appeals may prescribe appropriate conditions
and safeguards to ensure accomplishment of the following objectives:
(a)
Compatibility of the proposed use with surrounding properties,
and with the natural and built environment in the area;
(b)
Adequacy of parking for the proposed use and use of shared parking
where feasible;
(c)
Accessibility to fire, police, and emergency vehicles;
(d)
Suitability of the property for the proposed use considering
its size, topography, vegetation, soils, and hydrology and, if appropriate,
its ability to be buffered or screened from neighboring properties
and public roads;
(e)
The proposed use shall protect natural environmental features
to the extent reasonably feasible and shall not generate excess noise,
dust, odors, release of harmful substances, solid waste disposal,
glare, or any other nuisances;
(f)
Vehicular traffic access and circulation, including intersections,
road widths, drainage channelization structures and traffic controls
shall be adequate to serve the special use and not negatively impact
the overall traffic circulation system of the neighborhood and the
Town;
(g)
Pedestrian traffic access and circulation will be provided in
a safe and effective manner;
(h)
Location, arrangement, size, and design of the special use,
including all principal and accessory structures associated with that
use, shall be compatible with the neighborhood in which it is located
and with the rural and small-town character of Copake;
(i)
Landscaping is appropriate to act as a visual and/or noise-deterring
buffer between the project and adjoining properties;
(j)
Adequacy of park and recreational facilities to meet the needs
of multifamily developments;
(k)
Stormwater and drainage, sanitary waste and sewage, water supplies
for fire protection, drinking and general consumption, solid waste
disposal and snow removal storage areas are adequate to serve the
use;
(l)
The character of the Town, neighborhood and values of surrounding
properties are safeguarded to the extent reasonably feasible, including
protection against noise, glare, unsightliness, or other objectionable
features;
(m)
The special use shall not significantly negatively impact historic,
scenic, or natural environmental features;
(n)
The location and size of the proposed use, the nature and intensity
of operations involved in or conducted in connection with the use,
the size of the site in relation to the use, and its site layout are
all compatible with existing neighborhood uses and the environment;
(o)
The proposed use shall not substantially diminish or impair
the use and enjoyment of the property in the immediate vicinity for
purposes already permitted, nor substantially diminish or impair the
property values within the neighborhood;
(p)
The proposed use shall not impede the orderly development and
improvement of surrounding property for uses permitted within the
zoning district; and
(q)
The Zoning Board of Appeals shall evaluate the impact of the
proposal on existing agricultural operations in that district.
E.
Decisions.
(1)
Time of decision. The Zoning Board of Appeals shall decide upon the
special use permit application within 62 days after the hearing is
completed. The time within which the Board of Appeals must render
its decision may be extended by mutual consent of the applicant and
the Board. When a matter is subject to County Planning Board review
pursuant to § 239-m of the NYS General Municipal Law, the
Zoning Board shall not render a decision or take final action except
in compliance with the time periods and voting requirements set forth
therein.
(2)
Type of decision. In rendering its decision the Zoning Board of Appeals
shall approve, disapprove or approve with conditions the special use
permit application. In authorizing the issuance of a special use permit,
the Zoning Board of Appeals has the authority to impose such reasonable
conditions and restrictions as are directly related to, and incidental
to, the proposed special use. Upon its granting of a special use permit,
any such conditions must be met in connection with issuance of permits
by the Zoning Enforcement Officer.
(3)
Filing. The decision of the Zoning Board of Appeals shall be filed
in the office of the Town Clerk within five business days of the date
such decision is rendered and a copy thereof shall be mailed to the
applicant.
(4)
When a special use permit application has been subject to County
Planning Board review, the Zoning Board of Appeals shall, within 30
days of taking final action, file a report of the decision or action
with the County Planning Board, in accordance with § 239-m
of the NYS General Municipal Law.
F.
Expiration and termination of special use permit. A special use permit
shall expire and become void one year after approval unless the applicant
shall have commenced and substantially proceeded with the use. The
Zoning Board of Appeals may, upon written request of the applicant
submitted at least 60 days prior to such expiration, extend this period
one time for a period of no more than six months. If, at any time,
including subsequent to the commencement of the use, there has been
no activity related to the approved use for more than one year, the
special use permit shall terminate and become void.
G.
Area variance. Application for an area variance related to any special
use permit proposal may be made directly to the Zoning Board of Appeals
without the necessity of a decision or determination of the Building
Inspector or Zoning Enforcement Officer.
H.
Existing violation. No special use permit shall be issued for a property
in violation of this Zoning Law unless the granting of a special use
permit will result in the correction of the violation.
I.
Expansion of special use. Any change to a specially permitted use
that involves new construction, enlargement, exterior alteration of
existing structures, increased parking, an increase in the floor area,
lot area, or lot coverage allocated to the special use, increased
hours of operation, or other changed use of outdoor areas shall require
a new or amended special use permit in accordance with the procedures
set forth in this Zoning Law.
J.
Any amendment, modification, or revision to an approved special use
permit sought by an applicant shall be subject to all statutory requirements
applicable to a new application and to all procedural requirements
as set out in this chapter applicable to a new application. The reviewing
board may, however, at its discretion, take account of materials and
information previously submitted with the original application and
modify the submission requirements for the requested amendment, modification,
or revision accordingly.
