The Board shall hear and decide appeals from,
and review any order, requirement, decision, determination or opinion
made by, an administrative official charged with the enforcement of
any ordinance adopted pursuant to Article 16 of the Town Law. It shall
also hear and decide all matters referred to it or upon which it is
required to pass under any other law or the Zoning Law of the Town
of Monroe.[1] Such an appeal may be taken by any person aggrieved or
his agent, or any officer, department, board or bureau of the town.
An appeal shall be taken within 30 days of the
action of the administrative official appealed from. Any appeal not
so taken shall not be entertained by the Board. An appeal shall be
taken by filing with the Chairman and the official from whom the appeal
is taken a notice of appeal. Said notice of appeal shall identify
the action of the administrative official appealed from and the date
of that action, and briefly state the grounds upon which the appeal
is based. The officer from whom the appeal is taken shall forthwith
transmit to the Chairman all the papers constituting the record upon
which the action appealed from was taken.
There shall be furnished to the Chairman of
the Board six copies of a record on appeal, containing the required
information and data, at least 10 days prior to the scheduled hearing
upon such appeal. No appeal shall be heard unless a record on appeal
is so furnished to the Chairman. If no record on appeal is so furnished
within the time prescribed herein, the appeal shall be denied, subject
to renewal upon supplying a sufficient record on appeal to the Chairman,
or adjourned at the discretion of the Board. Upon receipt thereof
the Chairman shall distribute the record on appeal to the Board members
and the Attorney.
The record on appeal shall consist of the following
material in regard to the following matter:
A.
Appeals regarding any yard, court or area requirement
of the Zoning Law of the Town of Monroe:[1]
(1)
A copy of the letter, opinion, decision or requirement
or ruling appealed from.
(2)
A written executed petition stating in detail all
the pertinent facts relating to the appeal, including the date of
construction of any building located on the subject property, and
stating the grounds for the appeal.
(3)
A plot plan, survey or diagram of the subject premises,
accurately showing the dimensions of all actual or proposed structures
on the subject premises, the distances or all actual or proposed side
yards, rear yards, front yards, courts, driveways, abutting streets
and, except for appeals involving court areas or locations, the distance
from the side and rear lot lines to existing structures, if any, on
adjoining properties closer than 300 feet to said lot lines. If such
an appeal is based upon practical difficulties arising out of topographical
conditions, such as differences in elevation, streams or outcropping
of rocks or the like, the plot plan or survey should sufficiently
indicate the nature and extent of said conditions.
B.
Appeals regarding any use requirements of the Zoning
Law of the Town of Monroe:[2]
(1)
A copy of the letter, opinion, decision or requirement
appealed from.
(2)
A written executed petition stating in detail all
the pertinent facts relating to the appeal, including the date of
acquisition of the subject property by the appellant or his principal,
and stating the grounds therefor.
(3)
A diagram identifying the property upon which the
use will be located and the types and number of uses, if any, within
a one-thousand-foot radius of the proposed use.
C.
Appeals from the requirements of Section 280-a of
the Town Law:
(1)
A copy of the letter, opinion, decision or requirement
or ruling appealed from.
(2)
A written executed petition stating in detail all
the pertinent facts relating to the appeal and stating the grounds
therefor.
(3)
A plot plan, survey or diagram showing accurately
the size of the subject property, the location of the proposed structure
thereon, the amount of frontage on any abutting road, the distance
of the proposed structure from any abutting street or highway, if
the property does not abut a state, county or town highway, the distance
from the subject property to the nearest state, county or town highway
and the dimensions, location and type of access to the property from
the nearest state, county or town highway.
D.
Applications under Section 279 of the Town Law, Section
239-i of the General Municipal Law or any matter referred to it or
upon which it has power to act under the Town of Monroe Zoning Law[3] not covered by Subsections A or B of this section:
(1)
A copy of the letter, opinion, decision, requirement
or ruling appealed from, if any.
(2)
A written executed petition stating in detail all
pertinent facts relating to the appeal or application and the grounds
or reasons for the appeal.
(3)
Any other information or data that the Board may reasonably
require after the public hearing.
E.
Any record on appeal may be supplemented by a memorandum
of law or any other information or data the applicant feels may support
or explain the appeal.
The Board may require any additional information
it deems necessary to act upon any appeal or application after a public
hearing thereon.
[Amended 5-2-1983 by L.L. No. 1, 1983]
The filing fee for any application to the Zoning
Board of Appeals in an amount determined by the Town Board shall be
deposited with the Chairman at the time of filing the notice of appeal
or application for rehearing. If any appeal is denied, subject to
renewal upon the filing with the Chairman of a sufficient record on
appeal, an additional filing fee, in an amount determined by the Town
Board, shall be deposited with the Chairman before such appeal shall
be scheduled for a rehearing.[1]
