[Amended 8-10-1992 by L.L. No. 5-1992]
A.
Subdivisions 2, 4 and 5 of § 7-712 of the New
York State Village Law are hereby repealed and superseded in their
application to the Village of Thomaston.
B.
A Board of Appeals, consisting of five members, shall
be appointed by the Board of Trustees. Each member of the Board of
Appeals shall have a term of five official years. The Board of Trustees
shall designate one member of the Board of Appeals as the Chairperson
of the Board of Appeals, for a term coterminous with the term of such
member. In the absence of the Chairperson, the Board of Appeals may
designate a member to serve as Acting Chairperson. Subject to the
approval of the Board of Trustees, the Mayor may appoint counsel,
clerks and/or a secretary for the Board of Appeals; the compensation
and terms of employment of such persons shall be established by resolution
of the Board of Trustees. Within the appropriations made by the Board
of Trustees therefor, the Board of Appeals may retain the services
of experts and may provide for such other expenses as may be necessary
and proper.
[Amended 9-14-2020 by L.L. No. 1-2020]
C.
The members of the Board of Appeals in office on the
effective date of this section shall continue in office to the expiration
of the terms for which they were appointed. Upon the expiration of
any term of office, the Board of Trustees may appoint a successor,
who shall have a term of office of five official years.
D.
Alternate members.
[Added 1-30-2001 by L.L. No. 1-2001]
(1)
Pursuant to the Municipal Home Rule Law, Village Law
§ 7-712(11) is hereby repealed and superseded in its application
to the Village of Thomaston.
(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
or senior alternate members of the Board of Appeals 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.
[Added 8-10-1992 by L.L. No. 5-1992]
A.
Subdivisions 2, 3, 5 and 10 of § 7-712-a of the
New York State Village Law are hereby repealed and superseded in their
application to the Village of Thomaston.
B.
In addition to any other powers provided by law, the
Board of Appeals shall have power to make rules for its procedures,
not inconsistent with the provisions of this chapter or any general
state law.
C.
Every rule, regulation, order, decision or determination
of the Board of Appeals shall be filed promptly in the office of the
Village Clerk. Where such rule, regulation, order, decision or determination
results from an application to the Board, a copy thereof shall be
mailed promptly to the applicant.
D.
The Board of Appeals shall hear and determine appeals
from and review any order, requirement, determination or decision
of an administrative officer charged with the enforcement of this
chapter and arising out of the enforcement of this chapter. Such an
appeal may be taken by any person aggrieved or by an officer, board
or department of the village. The Board of Appeals shall also hear
and determine all matters referred to it and as to which it shall
have jurisdiction as provided by law. The concurring vote of a majority
of the members of the entire Board of Appeals shall be necessary to
make any determination.
E.
An appeal to the Board of Appeals shall be taken within
60 days after the filing of the order, requirement, decision or determination
sought to be reviewed. Such appeal shall be taken by filing such appeal
papers as may be required by rule or order of the Board of Appeals,
and a copy of such papers shall be filed with the administrative official
from whose order, requirement, decision or determination such appeal
is taken.
F.
The cost of serving or publishing any required notices
relating to an appeal or other application to the Board of Appeals
shall be borne by the appealing or applying party and shall be paid
to the Board of Appeals prior to the commencement of any hearing on
the application.
G.
At least five days before the public hearing on any
application, written notice of such hearing shall be sent to the Nassau
County Planning Commission and to the regional state park commission
having jurisdiction of any state park or parkway within 500 feet of
the property which is the subject of such appeal.
A.
The Board of Appeals may, in appropriate cases, after
public notice and hearing and subject to appropriate conditions and
safeguards and in harmony with the general purpose and intent of this
chapter, in addition to the powers and duties set forth in the Village
Law of the State of New York and such powers as are heretofore in
this chapter given to said Board:
(1)
Vary the application of the regulations herein established
and establish appropriate requirements for irregular lots or lots
of less than the required area, in any district, existing at the effective
date of this chapter.
(2)
Vary the application of the regulations herein established
and modify the requirements hereof in cases of exceptional topography,
under such conditions as will safeguard the neighborhood.
(3)
Determine and establish the true location of district
boundaries in any disputed case.
(5)
Permit any building, lot or premises in any district
to be used for public utility purposes, provided that the Board of
Appeals determines that such use is reasonably necessary for the health,
safety or comfort of or conduct of business by residents of the village
and will not unreasonably depreciate or impair the value of other
buildings, lots and premises in the neighboring territory in the village
and that such use will not present health, safety, traffic, nuisance
or policing hazards, factors or problems which may not be adequately
controlled.
(6)
Vary side and rear yard restrictions in the R-7 District as provided in Article VI, § 203-37B and C, hereof and the side yard restrictions for two two-family dwellings divided by a vertical party wall in apartment districts, but in the case of such two two-family dwellings, neither side yard shall be varied to less than eight feet.
[Amended 8-8-1988 by L.L. No. 4-1988]
(7)
Vary side yard restrictions for buildings other than
dwellings in R-8, R-9 and R-10 Districts.
[Amended 8-8-1988 by L.L. No. 4-1988]
(9)
Vary the height regulations in any district to permit
church spires, belfries, towers designed exclusively for ornamental
purposes, flagstaffs, chimneys, flues or scenery lofts and parapet
walls extending not more than three feet above the height permitted
by these regulations.[2]
[2]
Editor's Note: Former Subsection A(10), as
amended, which permitted buildings or premises in any district to
contain certain educational, charitable and social uses under certain
conditions and which immediately followed this subsection, was repealed
12-13-1982 by L.L. No. 5-1982.
B.
If protests against the granting of any permit applied for pursuant to the provisions of Subsection A(5) of this section shall be presented to the Board of Appeals before it acts on such application, duly signed by the owners of 25% of the frontage of the land within 500 feet of the property in question as shown by the last completed assessment roll of the village, then such permit shall not be granted except by unanimous vote of the Board of Appeals.[3]
[Amended 12-13-1982 by L.L. No. 5-1982]
[3]
Editor's Note: Former Subsections C, D, and
E, added 8-10-1992 by L.L. No. 5-1992, which immediately followed
this subsection, were repealed 8-26-2003 by L.L. No. 2-2003. Former
§ 148-107, Power and duties with respect to appeals, which immediately
followed this section, was repealed 8-10-1992 by L.L. No. 5-1992.
At the time that any application or appeal is
submitted to the Board of Appeals, there shall be paid to the Village
Clerk such fees as shall be specified in the schedule of fees established
by resolution of the Board of Trustees. No application or appeal shall
be filed or considered by the Board of Appeals until such fee shall
have been paid, and such fee shall be retained by the village regardless
of the disposition of the application or appeal.[1]
