A Zoning Board of Appeals shall be maintained and operate in accordance with Article 16 of the New York State Town Law, §§ 267, 267-a and 267-b. The Zoning Board of Appeals shall have all of the authority, jurisdiction and duties granted to such Boards by §§ 267, 267-a, 267-b of the New York State Town Law and any other applicable State law, and shall fulfill its duties in accordance with those grants of authority and in accordance with Article
XIII of this chapter.
The Board shall consist of five members appointed by the Town
Board for staggered terms of five calendar years.
A. All members and alternate members of the Zoning Board of Appeals
shall be residents of the Town of Busti. No person who is a member
of the Town Board shall be eligible for membership on the Zoning Board
of Appeals.
B. The Town Board shall appoint at least one person as an alternate
member of the Zoning Board of Appeals for a term of five calendar
years. All provisions of this chapter 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. The Chairperson
of the Zoning Board of Appeals may designate the alternate member
to substitute for a member who is unable to participate in deliberations
and decisions of the Zoning Board of Appeals due to conflict of interest
on an application or matter before the Board. That 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.
When so designated, the alternate member shall possess all the powers
and responsibilities of such member of the Board, shall be allowed
to participate in discussions of the proceedings, and shall be allowed
to vote. At all other times, an alternate member may participate in
discussions of the proceedings but may not vote except due to the
disqualification of a regular member and a designation of substitution
by the Chairperson.
C. Terms of members now in office. Members now holding office for terms
which do not expire at the end of a calendar year shall, upon the
expiration of their term, hold office until the end of the year and
their successors shall then be appointed for terms which shall be
equal in years to the number of members of the Board.
D. Each member of the Zoning Board of Appeals and each alternate member
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 this requirement. 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,
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.
(1)
To be eligible for reappointment to the Board, a member or alternate
member shall have completed the required training.
(2)
No decision of the Zoning Board of Appeals shall be voided or
declared invalid because of a failure to comply with this training
requirement.
E. If a vacancy shall occur otherwise than by expiration of term, the
Town Board shall appoint a new member for the unexpired term.
F. The Town Board may remove, after public hearing, any member or alternate
member of the Zoning Board of Appeals for cause. Cause for removal
of a member or alternate member may include one or more of the following:
(1)
Any undisclosed or unlawful conflict of interest.
(2)
Failure to attend 33% of the meetings during the course of one
calendar year.
(3)
Failure to complete mandatory training requirements.
G. The Town Board shall appoint 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.
H. Upon recommendation by the Zoning Board of Appeals in coordination
with the Planning Board, the Town Board shall appoint a Zoning Board
of Appeals Clerk who shall attend all proceedings of the Zoning Board
of Appeals and, upon request, the proceedings of any of its committees.
(1)
The Clerk shall keep minutes of the proceedings of the Zoning
Board of Appeals, showing the vote of each member upon every question,
or if absent or failing to vote, indicating that fact, and shall also
keep record of its examinations and other official actions.
(2)
The Town Clerk shall provide for keeping a file of all records
of the Zoning Board of Appeals, and those records shall be public
records open to inspection at reasonable times and upon reasonable
notice.
Any person or persons, jointly or severally aggrieved by any
final decision of the Zoning Board of Appeals, may apply to the New
York State Supreme Court for review by a proceeding under Article
78 of the New York Civil Practice Law and Rules. Such proceeding shall
be governed by the specific provisions of CPLR Article 78 except that
the action must be commenced as therein provided within 30 days after
the filing of the decision of the Zoning Board of Appeals in the office
of the Town Clerk.
All provisions of this Article pertaining to the Zoning Board
of Appeals shall be strictly construed. The Zoning Board of Appeals
shall act in strict conformity with all provisions of law and of this
Article and in strict compliance with all limitations contained therein,
provided however, that if the procedural requirements set forth in
this Article have been substantially observed, no applicant or appellant
shall be deemed deprived of the right of application or appeal.
All other provisions of New York State Town Law § 267-a
with regard to Zoning Board of Appeals procedure not set forth herein,
are incorporated herein by reference and shall apply to the Zoning
Board of Appeals.