[HISTORY: Adopted by the Board of Appeals of the Village of Scarsdale 4-10-1985. Amendments noted where applicable.]
The Board of Appeals of the Village of Scarsdale shall consist of five members, appointed by the Mayor, subject to the approval of the Board of Trustees, for five-year staggered terms, as provided in the Village Law.
The Chair, appointed by the Mayor, subject to the approval of the Board of Trustees, shall preside at all meetings and hearings and supervise and direct all of the official business of the Board of Appeals. In the event of absence or disability of the Chair, the Board of Appeals may designate a member to serve as Chair, who shall preside over all proceedings and assume all duties of the Chair.
[Amended 3-14-1989; 6-9-1993; 9-22-1994]
The Village Clerk may designate a Clerk of the Board of Appeals to whom is delegated all the duties of the Village Clerk and who shall conduct all correspondence of the Board, shall issue all notices required by law and by these rules or by order of the Board, keep a record of all meetings, hearings and appeals, draft the official minutes of the Board's proceedings and keep a record of all of its official actions. Upon the filing with the Clerk of appeals or applications, which the Clerk shall determine to be complete and in proper form and filed within the period prescribed by these rules and regulations, the Clerk shall place such appeals or applications in chronological order of filing on the calendar for the next regular meeting of the Board to be held not less than 23 days after the date of filing of the appeals or application and shall transmit to each member of the Board a brief statement of the nature of each appeal or application and a copy of any plans and other documentation filed in support thereof, at least five days prior to the hearing thereon. Following the decision of the Board on appeals or applications, the Clerk shall file a copy of the decision in the office of the Village Clerk and mail a copy to the applicant within five business days.
[Amended 6-9-1993; 7-15-1998]
Monthly meetings shall generally be held on the second Wednesday of each month except the months of July and August. Other meetings may be called by the Chair or at the request of a majority of the members. Public notice of any such meeting shall be posted no less than five days preceding the meeting.
All meetings shall be held at 8.00 p.m. in Rutherford Hall of the Scarsdale Village Hall located on Post Road, unless otherwise designated in the notice of the meeting.
Three members of the Board of Appeals at any meeting shall constitute a quorum.
Public notice of any appeal or application pending before the Board shall be published by the Clerk in two successive issues of the official newspaper of the village, with the first notice published at least 10 days preceding the date of the hearing.
A written notice of any public hearing on an appeal or application involving property, any part of which lies within 500 feet of any other municipality, shall be transmitted by the Clerk of the Board to the Clerk of such municipality at least 10 days before the public hearing.
[Amended 6-9-1993; 7-15-1998]
Appeals to the Board from any order, decision or determination of the Building Inspector shall be made within 60 days from the date of issuance of any such order, decision or determination, on forms which may be obtained from the Building Department. All applications for permits or variances shall be made by the owner, lessee or contract vendee of the property affected. All appeals and applications shall specify the grounds thereof and shall be accompanied by a fee as established by resolution of the Board of Trustees, which fee shall be payable to the Village of Scarsdale, and eight copies of all plans and other documentation filed in connection with any such appeal or application.
Each appellant or applicant shall serve, personally or by certified mail, a written notice, setting forth the nature and substance of the appeal or application and the time and place of the hearing, upon all owners of property within the distance hereinbelow designated of the property involved in the appeal or application. Such notice shall be served by mail not less than 10 days, in the case of notices to the village, and, in all other cases, shall be served by mail not less than 10 days or by personal service not less than seven days prior to the date of the hearing thereon.
At least two days prior to the hearing, the applicant shall file with the Clerk proof, in affidavit form, that such required notice has been served. If service has been effected by mail, receipts from the post office will be submitted showing receipt by the post office.
Unless otherwise directed by the Board of Appeals, such notice shall be served upon the property owners of every property, any part of which is within 200 feet of any point on the boundary of the lot or lots involved in the appeal or application. As an exception, for properties larger than 15 acres in area, notice shall be sent to all owners of property within 200 feet of the activity covered by the appeal or application.
All appeals and applications must be filed at least 23 days preceding the meeting at which appeals or applications are to be considered, unless waived by the Clerk of the Board. Any such waiver that may be approved by the Clerk shall not jeopardize fulfillment of the requirement for publication contained in § A316-7, notification to adjoining municipalities contained in § A316-8 or notification of neighboring property owners contained in § A316-10A. Any waivers that may be approved will be at the sole discretion of the Clerk and will be decided on the basis of the complexity of the application, whether the application was held over from a previous meeting, the length of the Board's agenda and the staff work load.
All hearings of the Board of Appeals shall be open to the public, and any persons present may be heard in support of or in opposition to any appeal or application. All appellants or applicants may appear in their own behalf or be represented by an agency or attorney.
Any appeal or application may be submitted to the Board for decision on the appeal or application, together with exhibits and other papers and a brief written statement of the nature of the proceeding, in lieu of oral argument.
Any agency or an adjoining municipality notified pursuant to § A316-8 of the rules and regulations may submit to the Board an advisory opinion on the appeal or application at any time prior to the rendering of a decision of the Board.