[Amended 12-13-1989; 11-16-2004 by L.L. No. 4-2004; 12-15-2015 by L.L. No. 3-2015]
The Town Board shall appoint a Zoning Board of Appeals consisting of five members, shall designate its Chairman, and also provide for such expenses as may be necessary and proper. A member of the Board of Appeals shall not at the same time be a member of the Town Board. The Town Board shall have the power to remove any member of the Board of Appeals for cause and after public hearing.
A.
Term of appointment. Of the members of the Board of Appeals first appointed, one shall hold office for the term of one year, one for the term of two years, one for the term of three years, one for the term of four years, one for the term of five years from and after his appointment. Their successors shall be appointed for terms of five years from and after the expiration of the terms of their predecessors in office. 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.
B.
Staff. The Board of Appeals may employ such clerical or other staff assistance as may be necessary, and prescribe their duties, provided it shall not at any time incur expenses beyond the amount of the appropriations made by the Town Board and then available for that purpose.
C.
Rules of procedure, bylaws, forms. The Board of Appeals shall have the power to make, adopt, and promulgate such written rules or procedures, bylaws, and forms as it may deem necessary for the proper execution of its duties and to secure the intent of this chapter. Such rules, bylaws, and forms shall not be in conflict with, nor have the effect of waiving any provisions of this chapter or any other local laws or ordinances of the Town of Marbletown. Such rules, bylaws, and forms, and any subsequent amendments or supplements thereto, shall be submitted to the Town Board by the Board of Appeals for approval and filing for public view. The Town Board shall move to approve, reject, or modify such rules, bylaws, and forms within 30 days after submission. Failure of the Town Board to so move shall be construed to constitute approval thereof.
D.
Meetings. 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. The 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. The concurring vote of a majority of all members of the Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of the Code Enforcement Officer or to decide in favor of an applicant in any matter upon which the Board is required to pass under any ordinance or local law to effect any variation in this chapter. The Board of Appeals shall decide an appeal or any other matter referred to it within 62 days after close of the public hearing.
E.
Official minutes. The Board of Appeals shall keep minutes of its proceedings showing the vote of each member on every question. If a member is absent or fails to vote, the minutes shall indicate such fact. Every rule, regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Board of Appeals shall be filed in the office of the Town Clerk within five business days and shall be a public record.
F.
Referrals to the Planning Board. The Board of Appeals shall submit a copy of its agenda to the Planning Board prior to the Planning Board's regular meeting. The Planning Board may request a copy of any appeal or application before the Board of Appeals and submit its advisory opinion prior to the Board of Appeals public hearing on the matter. The Board of Appeals may request an advisory opinion from the Planning Board regarding any appeal or application before it. The Planning Board shall submit a report of such advisory opinion prior to the date of said public hearings. The failure of the Planning Board to submit such report shall be interpreted as a favorable opinion for the appeal or application.
G.
Alternate members.
(1)
Pursuant to Municipal Home Rule Law § 10(1)(ii)(a), the provisions of Subdivision 11 of § 267 of the Town Law are hereby superseded to provide that the Town of Marbletown is authorized to establish alternate Zoning Board of Appeals member positions for the purpose of substituting for a member in the event such member is unable to participate because of a conflict of interest, or because of illness or absence for any reason. The alternate members of the Zoning Board of Appeals shall be appointed by resolution of the Town Board for terms of one year.
(2)
The Chairperson of the Zoning Board of Appeals may designate an alternate member to substitute for a member when such member is unable to participate because of a conflict of interest on an application or matter before the Board, or for absence or illness of a member. When so designated, the alternate member shall possess all of the powers and responsibilities of such member of the Board. Such designation shall be entered into the minutes of the Zoning Board of Appeals meeting at which the substitution is made.