The Zoning Board of Appeals is hereby established
in accordance with the provisions of the Town Law.
The Zoning Board of Appeals shall have the powers
and duties prescribed by the Town Law and this chapter, including
the following:
A. Appeals: to hear and decide appeals from and to review
any order, requirement, decision, and determination made by the Building
Inspector or Zoning Administrator, or their respective deputies under
this chapter (but no other official or board of the Town), which appeals
may be taken by any person aggrieved or by any officer, department
or board of the Town of LaGrange.
B. Use variances.
(1) The Zoning Board of Appeals, upon appeal from the
decision or determination of the Zoning Enforcement Officer, shall
have the power to grant use variances authorizing a use of land which
otherwise would not be allowed or would be prohibited by the terms
of this chapter.
(2) No such use variance shall be granted by the Zoning
Board of Appeals without a showing by the applicant that the applicable
regulations and restrictions imposed by this chapter have caused unnecessary
hardship. In order to prove such unnecessary hardship, the applicant
shall demonstrate to the Board of Appeals compliance with each of
the following criteria:
(a)
That under the applicable regulations and restrictions
imposed by this chapter the applicant is deprived of all economic
use and benefit from the property in question, which deprivation must
be established by competent financial evidence.
(b)
That the alleged hardship relating to the property
in question is unique and does not apply to a substantial portion
of the district or neighborhood.
(c)
That the requested use variance, if granted,
will not alter the essential character of the district or neighborhood.
(d)
That the alleged hardship has not been self-created.
(3) The Board of Appeals, in the granting of a use variance,
shall grant the minimum variance that is deemed necessary and adequate
to address the unnecessary hardship proven by the applicant and at
the same time preserve and protect the character of the neighborhood
and the health, safety and welfare of the community.
C. Area variances.
(1) The Zoning Board of Appeals, upon appeal from the
decision or determination of the Zoning Enforcement Officer, shall
have the power to grant area variances from the dimensional or physical
requirements of this chapter.
(2) In making its determination, the Zoning Board of Appeals
shall take into consideration the benefit to the applicant if the
area variance is granted, as weighed against the detriment to the
health, safety and welfare of the neighborhood or community by such
grant. In making such determination, the Board of Appeals shall also
consider each of the following factors:
(a)
Whether an undesirable change will be produced
in the character of the neighborhood or a detriment to nearby properties
will be created by the granting of the area variance.
(b)
Whether the benefit sought by the applicant
can be achieved by some other method feasible for the applicant to
pursue, other than an area variance.
(c)
Whether the requested area variance is substantial.
(d)
Whether the proposed area variance will have
an adverse effect or impact on the physical or environmental conditions
in the neighborhood or zoning district.
(e)
Whether the alleged difficulty was self-created,
which consideration shall be relevant to the decision of the Board
of Appeals but shall not necessarily preclude the granting of the
area variance.
(3) The Board of Appeals, in the granting of an area variance,
shall grant the minimum variance that it shall deem necessary and
adequate and at the same time preserve and protect the character of
the neighborhood and the health, safety and welfare of the community.
D. Interpretation. The Zoning Board of Appeals shall,
upon appeal from a decision by an administrative official, decide
any question involving the interpretation of any provision of this
chapter.
E. Referral to Planning Board. The Zoning Board of Appeals
shall refer to the Planning Board applications of use variances and
may refer to the Planning Board any other pertinent matters for review
and recommendations. The Zoning Board of Appeals shall defer any decision
thereon for a period of not more than 30 days pending a report from
the Planning Board. Upon failure to submit such report, the Planning
Board shall be deemed to have waived any rights concerning the matter
being referred.
F. Training requirements. The State of New York has recognized
the importance of training for members of the Zoning Board of Appeals
in § 271 of the Town Law.
(1) Each member of the Zoning Board of Appeals shall be
required to attend a minimum of four hours of training relevant to
the responsibilities of the Board within one year of appointment to
such Board and a minimum of four hours of additional training in each
calendar year succeeding the year of appointment. Prospective Board
members shall be advised of these requirements.
(2) Noncompliance with the Town's minimum requirements
for training shall be a proper cause for removal from office pursuant
to Town Law § 271, Subdivision 9.
(3) The costs of training shall be a Town charge, and
members of the Zoning Board of Appeals shall be reimbursed for the
cost of the training, provided that such training and attendant costs
have been approved in advance by the Town Board.
(4) Approved training courses. Training sessions that
relate to the duties of members of the Zoning Board of Appeals may
include programs offered by the New York Department of State, the
New York State Association of Towns, the New York State Department
of Environmental Conservation, the Dutchess County or Westchester
County Planning Federations or other appropriate entities. The Town
Board, after consultation with the Chairperson of the Zoning Board
of Appeals, may annually designate training courses that will meet
the Town's training requirements.
(5) Notwithstanding the foregoing, the failure of a member
of the Zoning Board of Appeals to obtain the required training shall
not, absent Town Board action, affect that member's appointment to
serve on the Board or to entertain and vote on applications or the
validity of that member's acts as a Board member.
In its quasi-judicial role, the Zoning Board
of Appeals shall act in strict accordance with the procedures specified
by the Town Law and this chapter.
A. Meetings. Meetings shall be held at the call of the
Chairperson or at such other times as the Zoning Board of Appeals
may determine. A quorum shall consist of a majority of the members.
A concurring vote of a majority of the members of the Board shall
be necessary to reverse a decision of the Building Inspector or the
Zoning Administrator or to authorize a variance. A favorable vote
of a majority plus one shall also be required if the action taken
by the Zoning Board of Appeals is contrary to an advisory recommendation
received from the Dutchess County Department of Planning under the
provisions of § 239-m of the General Municipal Law. The
Board shall keep accurate minutes of its proceedings, documenting
fully all findings and showing the vote of each member upon each question.
All meetings and deliberations of the Board of Appeals shall be open
to the public to the extent provided in Article 7 of the Public Officers
Law.
B. Application and fee. All appeals and applications
made to the Board shall be in writing, submitted in triplicate on
forms prescribed by the Board within 60 calendar days of the filing
in the Town Clerk's office of any action appealed from, and shall
be accompanied by the applicable fee in accordance with the fee schedule
annually reviewed and established by the Town Board. Every appeal
or application shall refer to the specific provision of this chapter
that is involved and shall precisely set forth either the interpretation
that is claimed or the details of the variance that is applied for
and the ground on which it is claimed that such variance should be
granted. Each application shall also comply with Article 8 of the
Environmental Conservation Law (SEQRA) and 6 NYCRR 617.
C. Public notice and hearing. The Board shall fix a reasonable
time and place for a public hearing on such appeal or application,
of which hearing date the appellant shall be given notice and at which
hearing he shall either appear in person or be represented by an agent.
Any other interested party may appear at such public hearing in person
or by attorney or other agent or submit comments, in writing, for
receipt prior to the public hearing. The Board shall additionally
provide notice as follows:
(1) By publishing at least five calendar days prior to
the date thereof a legal notice in the official newspaper of the Town.
(2) Notice of substance of appeal or variance application.
(a)
By requiring that the Secretary of the Zoning
Board of Appeals or other designated Town employee provide notice
of the substance of every appeal or variance application and of the
hearing thereon, by certified mail, return receipt requested, at least
five calendar days prior to the date of the hearing, to:
[1]
For use variances only, owners of all property
abutting or directly opposite the land involved in the appeal or otherwise
lying within 500 feet of the intended use; and
[2]
For all appeals and all variances other than
use variances, owners of all property abutting or directly opposite
the land involved in the appeal or otherwise lying within 150 feet
of the intended use.
(b)
The names and addresses of owners notified shall
be taken as such appear on the last completed roll of the Town.
(c)
Compliance with this notification procedure
shall be certified to by the Secretary or other designated Town employee.
The Town shall charge the applicant either a flat rate or a stated
amount per notice for satisfying the notice requirements. Provided
that there has been substantial compliance with this provision, the
failure to give notice in exact conformance herewith shall not be
deemed to invalidate an action taken by the Board of Appeals in either
granting or denying an appeal for a variance from a specific provision
of this chapter.
D. Referral. A full statement of any appeal that meets
the specific referral requirements of §§ 239-l and
239-m of the General Municipal Law shall also be referred prior to
the public hearing to the Dutchess County Department of Planning for
its review. No action shall be taken by the Zoning Board of Appeals
on such appeal until an advisory recommendation has been received
from said County Planning Department or 30 calendar days have elapsed
since the Planning Department received such full statement.
E. Decisions. Every decision of the Zoning Board of Appeals
on an appeal or request shall be made within 62 calendar days of the
close of the hearing by the Board, shall be recorded in accordance
with standard forms adopted by the Board and shall fully set forth
the circumstances of the case and contain a full record of the findings
on which the decision is based, including record of compliance with
the applicable provisions of SEQRA, Article 8 of the Environmental
Conservation Law, and 6 NYCRR 617. Every decision shall be by resolution
of the Board, with such decision being filed in the office of the
Town Clerk within five business days thereof. The Board shall also
notify the Zoning Administrator, the Building Inspector, the Secretary
of the Planning Board and any affected municipality given notice of
hearing of its decision in each case. If applicable, a report on the
action shall also be filed with the Dutchess County Department of
Planning.
F. Attachment of conditions. The Zoning Board of Appeals
shall, in the granting of both use and area variances, have the authority
to impose such reasonable conditions and restrictions as are directly
related to and incidental to the proposed use of the property or the
period of time such variance shall be in effect. Such conditions shall
be consistent with the spirit and intent of this chapter and shall
be imposed for the purpose of minimizing any adverse impact such variance
may have on the neighborhood or community.
G. Expiration of approval. Unless construction or use
is diligently commenced within one calendar year from the date of
the granting of a variance, such variance shall become null and void
without further hearing or action by the Zoning Board of Appeals.
H. On appeals seeking variances from the front, side or rear yard dimension requirements set forth in Schedules B1 and B2 of §
240-28, Schedules of Bulk Regulations and Coverage Limitations, a survey, setting forth the precise location of the structure
or proposed structure, shall be required to be submitted when the
variance requested relates to the construction of, or maintenance
of, a structure within five feet of any such lot boundary lines.
[Amended 9-10-2014 by L.L. No. 4-2014]
Unless the Zoning Administrator or the Building
Inspector finds there to be an imminent threat to either life or property,
an appeal stays all proceedings in furtherance of the action that
is the subject of the appeal.
Any person or persons jointly or severally aggrieved
by any decision of the Zoning Board of Appeals may apply to the Supreme
Court of the State of New York for relief through a proceeding under
Article 78 of the Civil Practice Law and Rules of the State of New
York. Such proceeding shall be governed by the specific provisions
of Article 78, except that the action must be initiated as therein
provided within 30 calendar days after the filing of the Board's decision
in the office of the Town Clerk.