A.
There shall be a Board of Appeals, consisting of five members, established in accordance with the provisions of Village Law § 7-712 and having the powers and duties prescribed by law.
[Amended 2-21-1972; 3-20-1989 by L.L. No. 5-1989]
B.
Alternate members.
[Amended 2-21-1972; 3-20-1989 by L.L. No. 5-1989; 10-26-1998 by L.L. No. 2-1998]
(1)
Pursuant to the Municipal Home Rule Law, Village Law § 7-712, Subdivision 11, is hereby repealed and superseded in its application to the Village of Woodsburgh.
(2)
Subject to the approval of the Board of Trustees, the Mayor may appoint not more than three alternate members of the Board of Appeals to serve in order of seniority in place of any members of the Board of Appeals, or senior alternate members, who are unable for any reason to attend any particular meeting of the Board. The alternate members of the Board shall have all of the powers and duties of regular members at such times as the alternate members are serving. Such alternate members shall be appointed for terms of one official year each.
C.
All meetings of the Board of Appeals shall be public, as otherwise required by law. A quorum shall consist of three members. The Board of Appeals shall keep minutes of its proceedings, as required by law. The concurring vote of at least three members of the Board shall be required to take any action or to make any determination, except where a greater number is required by law.
[Amended 2-21-1972; 3-20-1989 by L.L. No. 5-1989]
D.
The Board of Appeals shall adopt, from time to time, such rules and regulations as it may deem necessary to interpret and carry into effect the provisions of this chapter and it shall make rules as to the manner of filing appeals and applications for variances from the terms of this chapter and be otherwise bound by the provisions of the Village Law.
F.
In cases brought before the Board of Appeals, the petitioner or appellant shall, at the time of filing his petition or notice of appeal, pay to the Village Clerk a filing fee which shall be utilized to defray the cost of the public hearing, including the cost of publication, posting, clerical and professional services. The amount of such fee shall be as follows:
[Added 2-20-1957; amended 2-17-1969; 2-26-1979 by L.L. No. 2-1979; 12-11-1989 by L.L. No. 25-1989]
G.
Any variance granted by the Board of Appeals shall expire in the event that construction thereunder is not commenced within one year after the date of the variance and completed within one year after the date of permit issuance, unless the Board of Appeals extends either of such periods of time in a particular case upon application duly made.
[Added 10-17-1988 by L.L. No. 6-1988]
H.
Notice of hearing. Upon the filing of a completed application with the Board of Appeals, and upon payment of the required fee and deposit, if any, the Board shall fix a time and place for a public hearing, and notice of such hearing shall be provided as follows:
[Added 12-5-2017 by L.L. No. 1-2017]
(1)
The Board of Appeals shall publish or cause to be published a notice of the public hearing in the official Village newspaper at least five days prior to the date of the public hearing.
(2)
The applicant shall prepare a map (in form required by the Village) showing the names of the owners of all parcels of property located within a radius of 300 feet of the subject property, measured from all points of the property lines of the subject premises. At least 10 days but not more than 20 days prior to the scheduled date of the hearing, the applicant shall send a copy of the notice of public hearing (on the form provided by the Village) to all such owners in a manner authorized by the Board of Trustees by resolution, from time to time.
(a)
The names of said owners shall be taken as they appear on the last completed tax roll of the Village, except that the addresses must be those of the actual places of residence of the addressees.
(b)
The applicant shall file or cause to be filed a radium map and an affidavit of mailing (on the form provided by the Village), having attached thereto a true and complete copy of the notice of public hearing, with the Village Clerk not less than three days prior to the scheduled date of the public hearing, together with any return receipt cards or returned or undeliverable envelopes. Failure to deliver the radius map, the affidavit of mailing, and the return receipt cards or returned or undeliverable envelopes, if the manner of service requires return receipt cards, to the Village in accordance with this section may result in the application being stricken from the calendar.