[HISTORY: Adopted by the Zoning Board of Appeals of the Town of Harrison
3-1-76. Amendments noted where applicable.]
A.
In adopting its Zoning Ordinance, Harrison has declared
its intention that development should take place in an orderly manner. In
creating a Zoning Board of Appeals with the power to permit variances from
this ordinance, the community has taken the position that it shall consider
the individual's need for leeway and relief and that it shall try to
balance the common good with that individual need.
B.
The procedures for conducting the business of this Board,
outlined below, are intended to allow this balance to be struck in an efficient
manner. All such procedures are intended to be in harmony and conformity with
the dictates and limitations fixed by state and local ordinances and regulations.
In the event of conflict with such ordinances and regulations, the latter
shall be deemed to supersede these procedures.
A.
Regular meetings of the Harrison Zoning Board of Appeals shall be held at 8:00 p.m. on the first Monday of each month in the Court Room of the Harrison Town House, unless a substitution of place and time for a given meeting is established by the Board at its prior meeting or, subsequently, by the Chairman of the Board. Such change shall only be made prior to the placement of the public advertisement (see § A238-6 below) and shall be specifically referred to in said advertisement.
B.
In the event that fewer than three applications are pending
before the Board as of the 15th of a given month, the Chairman may elect to
cancel the next regularly scheduled meeting and to put such matters over to
the following month's meeting. Such a postponement with respect to any
given matter will be made no more than once.
A.
The Zoning Board of Appeals shall consider such matters
of original jurisdiction as the Zoning Ordinance assigns specifically for
its hearing and determination.
B.
In addition, an applicant for a building permit who has
been denied such permit by the Building Inspector on account of a failure
of the applicant to comply with any provision(s) of the Harrison Zoning Ordinance
shall be eligible to come before the Zoning Board of Appeals, provided that:
(1)
An application to the Zoning Board of Appeals has been
completely and properly filled out (including the applicant's statement
of practical difficulties and unnecessary hardship, where applicable) and
executed.
(2)
A fee of $50 for residential property and $100 for commercial
property has been paid.
[Amended 8-19-87]
(3)
Surrounding property owners have been duly notified in accordance with the Zoning Ordinance and with these rules of procedure (§ A238-5).
(4)
Four sets of plans and any other evidentiary material
have been submitted to the Board's Secretary. The Building Department's
regulations as to whether any plans, surveys, etc., must be certified in order
to be eligible for the granting of a building permit shall govern the Zoning
Board's criterion for eligibility. The Zoning Board may, however, subsequently
require certification of material not so required by the Building Department.
(5)
The applicant has indicated his or her phone number on
the application.
A.
The Chairman, in conformity with the applicable provisions
of the Zoning Ordinance, shall decide which matters shall or shall not be
placed on a given agenda.
B.
Applications will be accepted no later than the 10th
of the month prior to the Board's next regular monthly meeting.
[Amended 1-7-80]
C.
The agenda for each monthly meeting shall be prepared
by the Board's Secretary and mailed to each member of the Board no later
than 14 days before the meeting.
D.
The agenda shall list the various cases which are to
come before the Board at the next meeting and shall include the following
information with respect to each matter:
(1)
An assigned calendar number.
(2)
The name of the applicant.
(3)
The street address, block and lot number of each location
and, if no address is available, a very brief indication of how it may be
found, relative to such nearby landmarks as streets, existing buildings, etc.
(4)
A summary of the request being made of the Board, including
how and why an existing nonconforming use fails to comply, why the application
for a building permit has been denied and what relief is sought by applicant.
E.
The agenda shall be accompanied by a copy of the completed
and executed application to the Zoning Board of Appeals with respect to each
new matter on the agenda.
The following procedures shall be followed with respect to notification
of surrounding property owners:
A.
After an application has been made, the Secretary shall
obtain from the Assessor's office a list of surrounding property owners
within the radius of the property in question as fixed by the Zoning Ordinance.
B.
The Secretary shall prepare a letter of notice. The applicant
shall reproduce a copy of said notice for each property owner on the list,
affix addresses and certified mail postage to each envelope without sealing
them and present stuffed envelopes, with addresses and postage affixed, to
the Secretary for sealing and mailing. The cost of stationery, duplicating,
addressing and postage shall be borne by the applicant.
C.
The Secretary shall send notices by certified mail to
all property owners on the list and shall retain copies of the receipts.
D.
When the Secretary receives the copies of receipts signed
by the notified property owners, such receipts shall become part of the record.
In accordance with the Zoning Ordinance, a public advertisement indicating
all new items which are to come before the Board at its next meeting shall
be placed by the Secretary in the official newspaper, as designated by resolution
of the Town Village Board, at least eight but not more than 15 days before
said meeting.
Adjournments of any given matter scheduled to come before the Board
may be granted to an applicant requesting such an adjournment, provided that:
A.
Any approval of an adjournment, either of an initial hearing or of a previously adjourned hearing, shall be subject to the requirement that all surrounding property owners be notified of the adjournment if a public announcement has already been made with respect to such matter. The expense of so notifying surrounding property owners shall be borne by the party requesting the adjournment, be it the applicant, an objector or the Zoning Board of Appeals. Such notification shall follow the procedure stated in § A238-5 above.
B.
The adjournment shall be to the next regular meeting
of the Board.
C.
With respect to the initial hearing in a given matter
for which a public advertisement appears, a request for adjournment shall
be made before the public advertisement has appeared in the newspaper.
D.
Approval for such adjournment has been obtained from the Chairman of the Board. Furthermore, the Chairman or the majority of the entire Board is hereby empowered to waive, at his or its discretion, the requirements of Subsections B and C above, provided that special circumstances warrant such an exception.
An applicant may withdraw his or her application, provided that:
A.
The applicant shall notify, at his or her expense, all surrounding property owners if they have previously been notified of a meeting with respect to such matter. Such notification shall follow the procedure stated in § A238-5 above.
B.
The fee of $25 is forfeited if such withdrawal is requested
after the public advertisement has been placed.
C.
Once an application has been filed, the applicant shall
forfeit an administrative charge of $10 [to be retained by the Board from
the initial filing fee of $25], if the request to withdraw is made prior to
placement of the public advertisement.
A quorum shall be deemed present for the proper conduct of a public
meeting if four members of the Board are in attendance.
In general, the procedures of each public meeting shall be as follows:
A.
The meeting shall be called to order by the Chairman
or Acting Chairman.
B.
The various agenda matters shall be heard in the order
in which their calendar numbers appear on the agenda, except that the Chairman
or Acting Chairman may decide to hear a given matter out of order.
C.
The applicant or the applicant's representative(s)
shall be invited to make his, her or their presentation to the Board.
D.
The members of the Board shall have an opportunity to
question the applicant and/or his or her representative(s).
E.
Persons attending the meeting to speak for or against
the application shall be invited to address the Board, after identifying themselves
by name and address.
F.
Persons giving evidence relevant to a given matter shall
be duly sworn by the Chairman or Acting Chairman.
G.
The Board shall, as necessary, recess the public meeting
for executive sessions or hold such executive sessions between public meetings
to expedite its deliberations.
H.
The Board shall vote publicly at each meeting with respect
to each matter heard by it during that meeting.
I.
No member of the Board shall sit in hearing or vote on
any matter in which he is personally or financially interested. Said member
shall not be counted by the Board in establishing the quorum for such matter.
J.
No member shall vote on the determination of any matter
requiring public hearing unless he has attended the public hearing thereon;
however, where such member has familiarized himself with the record on such
matter, he shall be qualified to vote.
Unless otherwise provided for by the Board or the Chairman or Acting
Chairman, the official record of the Board's public meetings shall be
the tape recording made during each meeting. Nevertheless, an applicant may
request that stenographic notes be substituted for the tape as the official
record, in which case the Chairman shall have the right to grant such a request,
provided that:
A.
The Board's decisions shall be made so as to follow
and comply, as closely as it is in the Board's power to do so, with the
letter and spirit of the Harrison Zoning Ordinance.
B.
A decision shall require the concurring vote of four
members of the Board.
C.
As empowered so to do by the Zoning Ordinance, the Board
shall attach such conditions to the granting of a variance as it deems reasonable
and necessary in the circumstances. When appropriate, such conditions may
be required to become covenants, running with the deed to the property under
consideration.
D.
Decisions shall be reached by the Board within 30 days
after hearings on a given matter are closed.
E.
Decisions rendered by the Board shall be filed with the
Town Clerk's office by the Board's Secretary within 24 hours after
the Board's decision is made.
F.
When an application is denied, a new application with
respect to the same matter may not be submitted for one year, unless, in the
judgment of the Chairman, new pertinent facts are presented.
G.
Upon motion initiated by any member and adopted by unanimous
vote of the members present, but not less than a majority of all the members,
the Board shall review at a rehearing any order, decision or determination
of the Board not previously reviewed. Notice shall be given as upon an original
hearing. Upon such rehearing and provided that it shall appear that no vested
rights due to reliance on the original order, decision or determination will
be prejudiced thereby, the Board may, upon the concurrence of all the members
present, reverse, modify or annul its original order, decision or determination.
It shall be the policy of the Board to notify the Town Supervisor, the
Building Inspector and the Town Attorney of any apparent violations of the
Zoning Ordinance which may be brought to the Board's attention. Such
notices shall be on Zoning Board of Appeals stationery and shall be signed
by the Chairman on behalf of the Board.
It shall be the policy of the Board that no expenditure be approved
on behalf of the Board or charged to the Board without the consent of the
Chairman or, should such expenditure exceed $100, of a majority of the entire
Board.
It shall be the policy of the Board that new stationery be ordered whenever
a change in the makeup of the Board occurs. Such stationery shall list the
names of each member of the Board.
It shall be the policy of the Board that no smoking be permitted at
its public meetings.
These rules of procedure may be modified upon a motion made by any member
of the Board, duly seconded and carried by the affirmative vote of four or
more Board members.
