Town of Hamptonburgh, NY Article VIII Board of Appeals

§ 150-27 Authorization.

This article is adopted pursuant to §§ 267, 267-a, 267-b and 267-c of the Town Law of the State of New York.

§ 150-28 Creation and powers.

A. Members of the Zoning Board of Appeals of the Town of Hamptonburgh now holding office shall, upon expiration of their term, hold office until December 31 of that year. Upon the expiration of the aforesaid members' respective terms, their respective successors shall be appointed by resolution of the Town Board of the Town of Hamptonburgh for terms equal in years to the number of members of the Board, which, pursuant to this article, shall be five members.

B. The Zoning Board of Appeals shall consist of five members. In the absence of the Town Board appointing a Chairperson, the Board of Appeals may designate a member to serve as Acting Chairperson.

C. The Zoning Board of Appeals may engage experts, clerks and a secretary and incur such other expenses as may be necessary and proper, consistent with the functions and duties of the Zoning Board of Appeals, in amounts not exceeding the appropriations made by the Town Board for such purposes.

D. The Chairperson and Board shall have the powers, duties and functions of the Zoning Board of Appeals authorized and directed in accordance with Town Law §§ 267, 267-a, 267-b and 267-c.

E. The Board shall have the authority to call upon any department, agency or employee of the Town for such assistance as shall be deemed necessary for the proper functioning of the Board of Appeals. Such department, agency or employee shall be reimbursed for any expenses incurred as a result of such assistance.

F. The Board of Appeals shall observe the procedure specified in § 267-a of the Town Law and shall render interpretations, requirements, decisions and determinations in accordance with § 267-b of the Town Law of the State of New York.

G. 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 of such hearing by the publication in the Town's official newspaper at least five days prior to the date of such hearing. Notice of hearing shall also be delivered by the applicant by certified mail, return receipt requested, to all landowners within 500 feet of the lot containing such requested use. The text of the hearing notice shall be approved by the Secretary of the Board of Appeals. An applicant shall provide the Board of Appeals with an affidavit of mailing to said landowners, accompanied by a legible copy of relevant tax map sections showing the names of said landowners corresponding to their appropriate tax map parcel numbers. No action shall be taken until all interested parties shall be given an opportunity to be heard.

[Amended 4-13-1999 by L.L. No. 1-1999]

H. At least 10 days prior to the date of such hearing, the Board of Appeals shall mail notice thereof to the Orange County Planning Department, as required by § 239-m of the General Municipal Law, which notice shall be accompanied by a full statement of the matter under consideration, as defined in Subdivision 1 of § 239-m of the General Municipal Law, as the same has been modified by contract with the Orange County Planning Department.

I. All appeals and applications made to the Board of Appeals shall be in writing. Fees shall be shown on the Standard Schedule of Fees of the Town of Hamptonburgh, New York, as may be adopted from time to time by resolution of the Town Board.[1]

[1] Editor's Note: Said Fee Schedule is on file in the Town offices.

J. Prior to the date of any public hearing, the Secretary of the Board of Appeals shall transmit to the Secretary of the Planning Board a copy of any appeal or application, together with a copy of the notice of such hearing. The Planning Board may submit to the Board of Appeals an advisory opinion on said appeal or application at any time prior to the rendering of a decision by the Board of Appeals.

K. Every rule, regulation, every amendment or repeal thereof and every order, requirement, decision or determination of the Board of Appeals shall, within five business days after the day such decision is rendered, be filed in the office of the Town Clerk and shall be a public record. Such decision or determination shall be deemed made upon approval of the minutes by the Board of Appeals.

L. The concurring vote of a majority of the members of the Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of the Building Inspector.

M. Unless construction is commenced and diligently pursued within 12 months of the date of granting of a variance, such variance shall become null and void.