No board, agency, officer or employee of the
Town shall issue, grant or approve any permit, license, certificate
or other authorization, including adjustments by the Board of Appeals,
for any construction, reconstruction, alteration, enlargement or moving
of any building or for any use of land or building that would not
be in full compliance with the provisions of this chapter. Any such
permit, license, certificate or other authorization issued, granted
or approved in violation of the provisions of this chapter shall be
null and void and of no effect, without the necessity of any proceeding
or revocation or nullification thereof.
A.
This chapter shall be enforced by the Code Enforcement
Officer, who shall be appointed by the Town Board and shall serve
at the pleasure of the Town Board at a compensation to be fixed by
that body.
B.
The Code Enforcement Officer shall perform such duties
as may be required by this chapter and shall maintain a record of
all certificates, maps and other forms of record which may be required
by this chapter, copies of which shall be made available upon request
of any persons having a proprietary or tenancy interest in the property
affected, for a fee to be determined by the Town Board.
[Amended 12-8-1992 by L.L. No. 5-1992]
A.
The Board of Appeals shall consist of five members
appointed by the Town Board. The Town Board shall designate the Chairman.
The Board of Appeals shall appoint a Secretary and shall prescribe
rules for the conduct of its affairs.
B.
Reduction of terms. The terms of the members of the
Board of Appeals of the Town of Pawling provided for in § 267
of the Town Law of the State of New York shall henceforth be three
years each, notwithstanding the provisions of such statute.
C.
Applicability. Current members of the Zoning Board
of Appeals of the Town of Pawling whose individual remaining terms
are for a period of one year or less shall be eligible for reappointment
for a term of three years each on January 1, 1993; those current members
whose individual remaining terms are for a period of two years shall
be eligible for reappointment for a term of three years each on January
1, 1994; and those current members whose individual remaining terms
are for a period of three or four years shall be eligible for reappointment
for a term of three years each on January 1, 1995. The successors
of all of the above, and all those appointed thereafter, shall be
appointed for a term of three years from and after the expiration
of the terms of their predecessors in office. If a vacancy shall occur
otherwise than by the expiration of a term, it shall be filled by
the Town Board of the Town of Pawling by appointment for the unexpired
term only.
D.
The Board of Appeals shall have all the powers and
duties prescribed by law and by this chapter, which are more particularly
specified below:
(1)
Interpretation. Upon appeal from a decision of the
Code Enforcement Officer, to decide any question involving the interpretation
of any provision of this chapter, including determination of the exact
location of any district boundary if there is uncertainty with respect
thereto.
(2)
Variances. To vary or adopt the strict application
of any of the requirements of this chapter in the case of exceptionally
irregular, narrow, shallow or steep lots or other exceptional physical
conditions, whereby such strict application 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. In granting a variance, the Board of Appeals shall prescribe
any conditions that it deems to be necessary or desirable. No variance
from the strict application of any provision of this chapter shall
be granted by the Board of Appeals except as provided for in § 267
of Town Law and unless it finds that:
(a)
There are special circumstances or conditions,
fully described in the findings of the Board of Appeals, applying
to such land or buildings and not applying generally to land or buildings
in the neighborhood and that said circumstances or conditions are
such that strict application of the provisions of this chapter would
deprive the applicant of the reasonable use of such land or buildings.
(b)
For reasons fully set forth in the findings
of the Board of Appeals, the granting of the variance is necessary
for the reasonable use of the land or building and that the variance
as granted by the Board of Appeals is the minimum variance that will
accomplish the purpose.
(c)
The granting of the variance will be in harmony
with the general purpose and intent of this chapter and will not be
injurious to the neighborhood or otherwise detrimental to the public
welfare.
E.
Procedure. The Board of Appeals shall act in strict
accordance with the procedure specified by law and by this chapter.
All appeals and applications made to the Board of Appeals shall be
in writing, on forms prescribed by the Board of Appeals and accompanied
by a fee to be determined by the Town Board. Every appeal or application
shall refer to the specific provision of the chapter involved and
shall exactly set forth the interpretation that is claimed, the use
for which the special permit is sought or the details of the variance
that is applied for and the grounds on which it is claimed that the
variance should be granted, as the case may be. Where placement of
buildings is concerned with relation to lot dimensions, a sketch drawn
to an accurate scale must accompany the application.
(1)
Hearing. The Board of Appeals shall fix a reasonable
time for the public hearing of any appeal or other matter referred
to it and shall give public notice thereof as follows:
[Amended 7-11-2012 by L.L. No. 2-2012]
(a)
Publication in the official newspaper of a notice of such hearing
at least 10 days prior to the date thereof.
(b)
Notice to property owners. At least seven days before the hearing,
the applicant shall mail notice to property owners as follows:
[1]
Form and content. Such notice shall include the name of the applicant,
the location of the parcel of land and a brief description or identification
of the proposal and shall also specify the date, time and place of
the public hearing.
[2]
Transmittal. Such notice shall be sent by United States Postal Service
certified or registered mail to the owners of all lots in the Town
which are within 300 feet of the parcel to which the application pertains,
which owners and their addresses shall be as indicated in the current
Town Tax Assessor's records.
[3]
Certification. Prior to or at the time of the public hearing, the
applicant shall provide to the Zoning Board of Appeals a copy of the
required notice, a list of all the owners to whom such notice was
mailed and either an affidavit that the mailing was completed as required
herein or copies of all mailing receipts.
(2)
Action. Every decision of the Board of Appeals shall
be by resolution, each of which shall contain a full record of the
findings of the Board of Appeals in the particular case and shall
be made within 62 days as required by the law.
[Amended 2-8-2005 by L.L. No. 1-2005]
(3)
Referral to County Planning Department. The Board
of Appeals shall comply with the provisions of General Municipal Law,
Article 12-B, §§ 239-l and 239-m, as amended, by referring
to the Dutchess County Planning Department certain applications for
variances before final action is taken.
F.
Expiration
of appeal decision. Unless otherwise specified by the Zoning Board
of Appeals, a decision on any appeal shall expire if the applicant
fails to commence and substantially complete work related to the decision
within two years of the date of such decision.
[Added 7-11-2012 by L.L. No. 2-2012]
