A.
The Board of Appeals heretofore established pursuant
to the provisions of Town Law shall continue as the Board of Appeals
for the Town of Carmel with all the powers prescribed by law and as
herein described.
B.
The Board of Appeals shall consist of seven members,
appointed by the Town Board.
C.
The Town Board shall designate a member of the Zoning
Board to act as Chairman thereof as well as Vice Chairman thereof.
Upon failure to do so, the Zoning Board shall elect a Chairman from
its own members, who shall serve until such appointment by the Town
Board.
[Amended 4-11-2012 by L.L. No. 4-2012]
D.
Each member shall be appointed for a term of five
years.
E.
If a vacancy shall occur otherwise than by expiration
of term, it shall be filled by the Town Board by appointment for the
unexpired term.
F.
The Town Board shall have the power to remove any
member of the Board of Appeals for cause and after public hearing.
A.
All meetings of the Board of Appeals shall be held
at the call of the Chairman and at such other times as such Board
may determine. Such Chairman or, in his absence, the Acting Chairman
may administer oaths and compel the attendance of witnesses. All meetings
of such Board shall be open to the public.
B.
Such Board shall keep minutes of its proceedings,
showing the vote of each member upon every question or, if absent
or failing to vote, indicating such fact and shall also keep records
of its field examination of properties under consideration by the
Board and other official actions. Every rule, regulation, every amendment
or repeal thereof and every order, requirement, decision or determination
of the Board shall be filed in the office of the Town Clerk and shall
be a public record.
The Board of Appeals shall have all the powers
and duties prescribed by Town Law and by this chapter, which are more
particularly specified as follows, provided that none of the following
provisions shall be deemed to limit any power of said Board that is
conferred by law:
A.
The Board of Appeals shall hear and decide appeals
from and review any order, requirement, decision or determination
made by an administrative official charged with the enforcement of
this chapter and any ordinance adopted pursuant to this chapter. An
appeal may be taken by any person aggrieved or by any officer, department,
board or bureau of the Town.
B.
The Board of Appeals shall have the authority to decide
any questions involving the interpretation of any provisions of this
chapter.
C.
The Board of Appeals shall have the authority to decide the exact location of any district boundary shown on the Town of Carmel Zoning Map.
D.
Where the strict application of any of the requirements
of this chapter in the case of an exceptionally irregular, narrow,
shallow or steep lot or other exceptional physical conditions would
result in practical difficulty or unnecessary hardship that would
deprive the owner of the reasonable use of the land or building involved,
but in no other case, the Board of Appeals shall have the power, upon
appeal, to vary or adjust the strict application of the regulations
or provisions of this chapter. In all cases where the Board of Appeals
authorizes the issuance of a building permit or occupancy permit under
any of the above powers, it shall be the duty of said Board to attach
such conditions and safeguards as may be required to protect the public
health, safety, morals and general welfare.
The concerning vote of a majority of the members
of the Board shall be necessary to reverse any order, requirement,
decision or determination made by an administrative official charged
with the enforcement of this chapter or any ordinance adopted pursuant
to this chapter or to decide in favor of the applicant any matter
upon which it is required to pass under any such ordinance or to effect
any variation in such ordinance.
A.
Appeal procedure. All appeals and applications to
the Board of Appeals shall be taken in the manner prescribed by law
and must be made within 30 days of the date of the order, requirement,
decision or determination complained of. All such appeals and applications
shall be in writing, on forms prescribed by the Board. Each appeal
or application shall fully set forth the circumstances of the case.
Each appeal or application shall refer to the specific provision of
this chapter involved and shall exactly set forth, as the case may
be, the interpretation that is claimed, the details of the adjustment
that is applied for and the grounds for which it is claimed that the
same should be granted or the use for which a permit is sought. The
officer from whom the appeal is taken shall transmit to the Board
all the papers constituting the record upon which the action appealed
from was taken.
B.
Notice and hearing. The Board of Appeals shall fix
a reasonable time for the hearing of the appeal or other matter referred
to it and give public notice thereof by the publication in the official
paper of a notice of such hearing, at least five days prior to the
date thereof. In addition, the Board shall, at least seven days before
such hearing, mail notices thereof to all owners of property which
lie within 500 feet of the subject site and to other such owners as
the Board may deem advisable. The Board shall decide the same within
60 days after the hearing. During the hearing, any party may appear
in person, by agent or by attorney.
C.
Action by Board of Appeals. The Board of Appeals may
reverse, affirm, wholly or partly, or may modify the order, requirement,
decision or determination appealed from and shall make such order,
requirement, decision or determination as in its opinion ought to
be made in the premises and to that end shall have all the powers
of the officer from whom the appeal is taken. Every decision of the
Board of Appeals shall be recorded in accordance with standard forms
adopted by the Town and shall fully set forth the circumstances of
the case and the findings on which the decision was based. Timely
notice of all decisions shall be given to all parties to the proceeding.
D.
Appeal to Supreme Court from decision of Board; time
limit for such appeal. Any person or persons, jointly or severally,
aggrieved by any decision of the Board of Appeals or any officer,
department, board or bureau of the Town may apply to the Supreme Court
for review by a proceeding under Article 78 of the Civil Practice
Law and Rules. Such proceeding shall be instituted within 30 days
after the filing of a decision in the office of the Town Clerk.
[Amended 11-26-1986]
Applicants for the issuance of a permit by the
Building Inspector for appeals and other applications to the Board
of Appeals shall pay to the Town a fee established annually by the
Town Board and on file in the office of the Town Clerk.
