A Board of Appeals is hereby established in
accordance with provisions of the Town Law applicable thereof.
The Board of Appeals shall consist of seven
members appointed by the Town Board, each to serve for a term of five
years, except that of the members first appointed one shall hold office
for a term of one year, one for a term of two years, one for a term
of three years and one for a term of four years. The chairman shall
be designated by the Town Board. If a vacancy shall occur otherwise
than by expiration of term, it shall be filled by the Town Board by
appointment for the unexpired term.
Such Board of Appeals shall, consistent with
the Town Law and this chapter, determine its own rules and procedure,
and all its deliberations, resolutions and orders shall be in accordance
therewith; provided, however, that all hearings shall be public and
that the Board shall keep complete minutes of its proceedings, showing
its findings and reasons for its decisions, and said minutes shall
be a public record.
The Board of Appeals shall have the powers and
duties prescribed by Article 16, § 267, of the Town Law
of the State of New York and by this chapter, which are more particularly
specified as follows:
A.
Interpretation. Upon appeal from a decision by an
administrative official, 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.
B.
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. No variance in the strict application of this chapter shall
be granted by the Board of Appeals unless it finds:
(1)
That there are special circumstances or conditions,
fully described in the findings of the Board, 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.
(2)
That, for reasons fully set forth in the findings
of the Board, 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 is the minimum variance that will accomplish this purpose.
(3)
That 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.
C.
In granting any variance, the Board of Appeals shall
prescribe any conditions that it deems to be necessary or desirable.
A.
The Board of Appeals shall act in accordance with
the procedure specified by law and by this chapter. All appeals and
applications made to the Board shall be in writing, on forms prescribed
by the Board and available from the Building Safety Inspector/Zoning
Enforcement Officer. Every appeal application shall refer to the specific
provisions of the chapter involved and shall exactly set forth the
interpretation that is claimed, the use for which the permit is sought
or the details of the variance that is applied for and the grounds
on which it is claimed that the variance shall be granted, as the
case may be. Before the date of the hearing on an application or appeal
to the Board of Appeals, the Secretary of said Board shall transmit
to the Planning Board a copy of this notice of the aforesaid hearing
and shall request that the Planning Board submit to the Board of Appeals
its opinion on said application or appeal, and the Planning Board
may submit a report of such advisory opinion prior to the date of
said hearing. Failure to submit such report shall constitute approval
of said application or appeal by the Planning Board.
[Amended 7-13-1988 by L.L. No. 2-1988; 1-8-1992 by L.L. No. 1-1992; 5-12-1993 by L.L. No. 1-1993; 11-14-2007 by L.L. No. 2-2007]
B.
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 in the particular case. The Board shall keep minutes
of its proceedings showing the vote of each member upon every question
or, if absent or failing to vote, indicating such fact and shall also
keep records of its examination and other official actions.
The office of the Town Clerk shall be the office
of the Board of Appeals, and every rule, regulation, amendment or
repeal thereof and every order, requirement, decision or determination
of the Board shall immediately be filed in said office as required
by Article 16, § 267, of the Town Law of the State of New
York.
[Amended 7-13-1988 by L.L. No. 2-1988; 1-11-1989 by L.L. No.
1-1989; at time of adoption of Code (see Ch. 1,
General Provisions, Art. I)]
The Board of Appeals shall fix a reasonable
time for the hearing of the appeal or other matter referred to it
and give public notice thereof by the publication in the official
paper of a notice of such hearing at least five days prior to the
date thereof and shall, at least five days before such hearing, mail
notices thereof to the parties and to the Regional State Park Commission
having jurisdiction over any state park or parkway within 500 feet
of the property affected by such appeal and shall decide the same
within 62 days after the final hearing. The applicant shall, at least
seven days prior to the date of the hearing, give notice, in writing,
by registered mail or by service in person, with adequate proof of
contact thereof to all property owners within 200 feet of the property
to be affected by said appeal and/or to all property owners of contiguous
land or properties adjoining said property to be affected, and other
interested property owners as may be designated by the Board of Appeals.
