[Amended 3-28-2022 by L.L. No. 4-2022; 7-10-2023 by L.L. No. 8-2023]
The Board of Appeals is hereby created. Said Board shall consist of five members and one alternate member who shall serve as a replacement member in the event that one of the five members is absent from a meeting, all to be appointed by the Town Board, which shall also designate a Chairman, all in accordance with Town Law Article 16. The members of the Board of Appeals and the alternate member shall be appointed for a term of five years. If a vacancy shall occur otherwise than by expiration of the term, it shall be filled by the Town Board by appointment for the unexpired term.
[Amended 3-28-2022 by L.L. No. 4-2022]
A. 
The Board of Appeals shall hear appeals to decide any question involving the interpretation of any provision of this chapter and appeals for variances from the enforcement officer, as set forth and in accordance with the procedures set forth in the Town Law Article 16, as therein provided or hereafter amended.
B. 
The Board of Appeals shall be, and is hereby designated, the board to hear all planning and subdivision applications pursuant to § 235-41 (site plan) and § 235-42 (special permit) and Chapter 210 (subdivision) of the Town Code. It is the intention and purpose of the Town Board through this section to transfer and delegate all responsibility of the former Planning Board to the Board of Appeals. To the extent necessary, pursuant to Municipal Home Rule Law § 10 and § 22, it is the express intention of the Town Board to supersede the provisions of Town Law § 267 related to the designated duties of the Board of Appeals.
C. 
Applications to board of appeals.
(1) 
All appeals and applications made to the Board shall be in writing, on forms prescribed by the Board.
(2) 
Every appeal or application shall refer to the specific provision of this chapter involved and shall exactly set forth the interpretation that is claimed, the use for which the special permit is sought or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be.
(3) 
Each application to the Board of Appeals for an interpretation or variance shall be accompanied by a fee established by resolution of the Town Board.
D. 
Effect. Nothing contained herein shall diminish, overturn or put in question the decisions that have been previously made by the Planning Board before this abolition and merger is effectuated.
[Added 2-12-2007 by L.L. No. 5-2007]
A. 
Each member (including alternate members) of the Zoning Board of Appeals shall be required to attend a minimum of 75% of Zoning Board meetings held within a calendar year.
B. 
Each member of the Zoning Board of Appeals shall complete, at a minimum, four hours of training during each calendar year, designed to enable such members to more effectively carry out their duties. If the first year of a member’s term does not include a complete calendar year, the Town Board, at the time of appointment, shall determine the number of hours of training required for such partial calendar year. Up to two hours of training received by a member in excess of four hours in any one calendar year may be carried over by the member into the succeeding year in order to meet the requirements herein. Such training shall be approved in advance by the Town Board and may include, but not be limited to, training provided by a municipality, regional, state or county planning federation, state agency, statewide municipal association or federation, 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. The cost of such seminars, workshops or continuing education courses or other types of training so designated shall be a Town charge. The Town Board, after discussion with the Chairperson of the Zoning Board of Appeals, shall each year designate and approve in advance such seminars, workshops, continuing education courses or other types of training which may be offered within a reasonable distance. The training required herein may be waived or modified by resolution of the Town Board when, in the judgment of the Town Board, it is in the best interests of the Town to do so.
C. 
No decision of a Zoning Board of Appeals shall be voided or declared invalid because of a failure to comply with this section.
D. 
To be eligible for reappointment to the Zoning Board of Appeals, a member shall have completed the training required herein and shall have attended the required percentage of meetings as provided herein. Noncompliance with either the training requirements or the attendance requirements shall be a proper cause for removal of a member.
E. 
The Town Board shall have full discretion and authority to decide whether or not to remove such member from the Zoning Board of Appeals for a failure to comply with the attendance or training requirements. The Town Board shall consider whatever factors it believes to be relevant in making the determination, including the reasons for the failure to obtain such training or for the absences from meetings, but the Town Board shall not be required to accept any proffered excuse or reason for nonattendance or reason for such failure or failures but shall act as it sees reasonably fit in light of the circumstances surrounding the cause or causes for removal. Removal of a member from office shall be preceded by delivery of a written notification of noncompliance, together with an offer of a public hearing on the matter.