The Zoning Board of Appeals (herein sometimes "ZBA"), existing
by virtue of the Town of Dryden Zoning Ordinance, as amended from
time to time, and appointment by the Town Board is continued. The
ZBA shall function in the manner prescribed by law (except as the
same may be superseded by the terms of this chapter as set forth below).
Members of the ZBA in office at the time of adoption of this chapter
shall continue to serve to the end of the term for which they were
appointed.
There shall be five members of the ZBA. The members of the ZBA
shall be residents of the Town of Dryden and shall be appointed by
the Town Board to serve for terms as prescribed by law. Vacancies
occurring in said ZBA by expiration of term or otherwise shall be
filled in the same manner. No person who is member of the Town Board
shall be eligible for membership on the ZBA. The Town Board shall
designate the chairperson of the ZBA. In the absence of the chairperson,
the ZBA may designate a member to serve as acting chairperson.
A.
There may be appointed additionally up to two alternate members of
the ZBA. Alternate members shall be appointed by resolution of the
Town Board for terms established by the Town Board.
B.
The Chairperson of the ZBA shall designate an alternate member to
substitute for a regular member in the event that a regular member
is unable or unwilling to vote because of a conflict of interest,
recusal, absence, abstention, or any other reason and an alternate
member is present at the meeting when the designation takes place.
C.
If more than one alternate member is present at a meeting when the Chairperson is designating an alternate member to substitute for a regular member, the Chairperson shall designate the alternate member who has not served on a case or matter the most recently. If that alternate member is not able or willing to vote for a reason listed in Subsection B above, then the Chairperson shall designate the other alternate member to serve.
D.
To the extent this section is inconsistent with Town Law § 267(11),
it is intended to supersede such section, in accordance with Municipal
Home Rule Law § 10(1)(ii)d(3). All other rights, responsibilities
and procedures related to alternate members set forth in Town Law
§ 267 or in this chapter shall apply.
The jurisdiction of the ZBA shall be appellate only and shall
be limited to hearing and deciding appeals from and reviewing any
order, requirement, decision, interpretation, or determination made
by the administrative official charged with the enforcement of the
Zoning Law. Such appeal may be taken by any person aggrieved, or by
an officer, department, board or bureau of the Town.
The ZBA may reverse or affirm, wholly or partly, or may modify
the order, requirement, decision, interpretation or determination
appealed from and shall make such order, requirement, decision, interpretation
or determination as in its opinion ought to have been made in the
matter by the administrative official charged with the enforcement
of the Zoning Law and to that end shall have all the powers of the
administrative official from whose order, requirement, decision, interpretation
or determination the appeal is taken.
Unless otherwise specified by the ZBA, and without any further
hearing by the ZBA, a decision on any appeal; including the granting
of an area variance and/or use variance, shall automatically lapse
and expire if the appellant fails to obtain any necessary building
permit within one year of the date the decision is filed.
Members of the ZBA are expected to attend all regularly scheduled
and specially scheduled meetings of the Board. In the event that a
member of the Board is absent from three consecutive meetings, or
in the event a member of the Board is absent from five meetings within
any one calendar year, then such member may be removed from the Board
as herein provided.
A.
Each member of the ZBA shall complete, at a minimum, four hours of
training each year designed to enable such members to more effectively
carry out their duties. Training received by a member in excess of
four hours in any one year may be carried over by the member into
succeeding years in order to meet these requirements. Such training
shall be approved by the Town Board and may include, but not be limited
to, training provided by a municipality, regional or county planning
office or commission, county planning federation, state agency, statewide
municipal association, college or other similar entity. Training may
be provided in a variety of formats, including but not limited to
electronic media, video, distance learning and traditional classroom
training.
B.
To be eligible for reappointment to such Board, such member shall
have completed the training promoted by the Town pursuant to this
section.
C.
The training required by this subdivision may be waived or modified
by resolution of the Town Board when, in the judgment of the Town
Board, it is in the best interest of the Town to do so.
D.
No decision of a ZBA shall be voided or declared invalid because
of a failure to comply with this section.
The costs of such training shall be a Town charge. Members shall
be reimbursed for travel and meal expenses associated with such training
according to Town policies.
In the event a member of the ZBA has failed to meet the minimum attendance requirements set forth in § 270-14.7 or the training requirements set forth in § 270-14.8, then the Town Board may remove such member from the ZBA as herein provided:
B.
Public hearing. Such notice shall specify a date (not less than 10
or more than 30 days from the date of mailing such notice) when the
Town Board shall convene and hold a public hearing on whether or not
such member should be removed from the ZBA. Such notice shall also
specify the time and place of such hearing.
C.
Public notice. Public notice of such hearing shall be given by posting
a notice on the Town signboard in the vestibule of the Town Hall and
by publishing a notice once in the official newspaper. Such posting
and publication shall be at least 10 days prior to the date of the
public hearing.
D.
Conduct of hearing. The public hearing on the charges shall be conducted
before the Town Board. The member shall be given an opportunity to
present evidence and to call witnesses to refute the charges. A record
of such hearing shall be made. The decision of the Town Board shall
be reduced to writing together with specific findings of the Town
Board with respect to each charge against such member. A copy of such
decision and such finding shall be mailed to the member.
E.
Action by the Town Board. Following the hearing and upon a finding
that such member has not met the minimum attendance requirements required
by this chapter, the Town Board may:
(1)
Remove such member from the ZBA;
(2)
Issue a written reprimand to such member without removing such
member from the Board; or
(3)
If the Town Board shall find that the reasons for failing to
meet the minimum attendance requirements are excusable because of
illness, injury or other good and sufficient cause, the Town Board
may elect to take no action.
Nothing contained herein shall be deemed to limit or restrict the Town Board's authority to remove a member from the ZBA for cause (i.e., for other than the reasons enumerated herein). The procedural provisions of § 270-14.10, Removal procedure, shall govern any hearing to remove a member for cause.
A.
The provisions of § 270-14.7 shall not apply to any member who has applied for and been granted a leave of absence by the Town Board from their duties as a member of the ZBA. The Town Board may grant such leave of absence on such terms and for such period as it may deem appropriate; provided, however, no such leave of absence shall be for a period in excess of 11 months.
B.
The provisions of § 270-14.7 shall not apply to any member who has been granted an excused absence by the Chairperson of the ZBA. To be a valid request for an excused absence, such request shall be made to the Chairperson of the ZBA prior to the meeting/hearing. Grounds for excused absences shall include illness, vacation, business or employment reasons and personal or family activities.
