There is hereby established a Board of Appeals
to consist of five members, to be appointed by the Town Board, which
shall also designate the Chairman of such Board of Appeals. The Town
Clerk shall act as the Clerk of the Board of Appeals.
Of the members of the Board first appointed,
one shall hold office for the term of one year, one for two years
and one for three years, one for four years and one for five years
from and after his appointment. Their successors shall be appointed
for terms of five years from and after the expiration of the terms
of their predecessors in office.
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.
The Town Board shall have the power to remove
any member of the Board of Appeals for cause and after public hearing.
All meetings of the Board of Appeals shall be
held at the call of the Chairman and at such times as such Board may
determine and shall be open to the public.
The Town Board may appoint a Clerk to assist
the Town Clerk in the performance of his duties as Clerk to the Board
of Appeals and to perform such other duties as required by said Board
of Appeals. Such Clerk so appointed shall serve at the pleasure of
the Town Board.
The Chairman or, in his absence, the Acting
Chairman, shall preside at all meetings of the Board of Appeals and
may administer oaths and compel the attendance of witnesses.
The Board of Appeals 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 examinations or other official actions. Every
rule, regulation, every amendment or repeal thereof and every order,
requirement, decision or determination of the Board of Appeals shall
immediately be filed in the office of the Town Clerk and shall be
a public record.
[Amended 9-16-1992 by L.L. No. 2-1992]
Three members of the Board shall constitute
a quorum for the transaction of business, and the concurring vote
of the majority of the Board shall be necessary to reverse any order,
requirement, decision or determination of the Code Enforcement Officer
or to decide in favor of an applicant in any matter upon which it
is required to pass under this chapter.
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 that:
(1) 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) 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) 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.
[Amended 9-16-1992 by L.L. No. 2-1992]
A. The Board of Appeals shall act in strict 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 Code Enforcement Officer. Every
appeal or application shall refer to the specific provision of the
chapter involved and shall exactly set forth the interpretation that
is claimed, the use for which the special permit is sought or the
details of the variance that is applied for and the grounds on which
it is claimed that the variance should be granted, as the case may
be. At least 30 days 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 shall 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.
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 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 9-16-1992 by L.L. No. 2-1992]
The Board shall fix a reasonable time for the
hearing of appeals and shall give due notice of the time set for the
hearing to the applicant. Such notice shall be served upon the applicant.
Public notice shall be by the publication of a notice in the official
newspaper of the Town and shall briefly describe the nature of the
appeal and the time and place of the hearing. The applicant shall,
at least five 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 1,000 feet
of the property to be affected by said appeal 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. The applicant must furnish proof of services in writing
and properly notarized.