The Board of Appeals, consisting of five members, as constituted
and empowered under § 267 of Article 16 of the Town Law
on the effective date of this chapter, shall be continued. Vacancies
occurring in such Board shall be filled in accordance with the Town
Law. The Board of Appeals shall have all the powers and perform all
the duties prescribed by statute and by this chapter.
The Board of Appeals shall hear and decide appeals where it
is alleged that there is an error or misrepresentation in any order,
requirement, decision or determination by any administrative official
of the Town of Sardinia charged with the enforcement of the provisions
of this chapter. The Board of Appeals may reverse, modify or affirm,
in whole or in part, any such appealed order, requirement, decision
or determination appealed from, and may make such order, requirement,
decision or determination as in its opinion ought to be made in strictly
applying and interpreting the provisions of this chapter, and for
such purposes shall have all the powers of the officer from whom the
appeal is taken.
Any variance, special permit or modification of regulations
authorized by the Board of Appeals shall be automatically revoked
unless a building permit conforming to all the conditions and requirements
established by the Board of Appeals is obtained within six months
of the date of approval by the Board of Appeals and construction is
commenced within one year of such date of approval.
Failure to comply with any condition or restriction prescribed
by the Board of Appeals in approving any appeal for a variance, application
for a special permit or a modification of regulations shall constitute
a violation. Such violation may constitute the basis for revocation
of a variance, special permit or modification, or for imposing penalties
and other applicable remedies.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
There shall be no rehearing of an appeal or application by the
Board of Appeals, except in accordance with Article 16, § 267-a,
Subdivision 12, Rehearing, of the Town Law.