In its quasi-judicial role, the Board of Appeals
shall act in strict accordance with the procedure specified by § 267-a
of the Town Law and this chapter.
A. Meetings. Meetings shall be held at the call of the
Chairman or at such other times as the Board of Appeals may determine.
A quorum shall consist of three members, but in order to reverse a
decision of the Zoning Enforcement Officer or authorize a variance,
an affirmative vote of at least three members shall be required. A
favorable vote of a majority plus one, i.e., of at least four members,
shall also be required if the action taken by the Board of Appeals
is contrary to an advisory recommendation received from the Saratoga
County Planning Board under the provisions of § 239-m of
the General Municipal Law. The Board shall keep accurate minutes of
its proceedings, documenting fully all findings and showing the vote
of each member upon each question. All meetings of the Board of Appeals
shall be open to the public, except in accordance with the executive
session of the Open Meetings Law.
B. Application and fee. All appeals and applications
made to the Board shall be in writing, on forms prescribed by the
Board, within 62 days of the action appealed from and shall be accompanied
by the applicable fee in accordance with the fee schedule annually
reviewed and established by the Town Board. Five print and one digital
(pdf) copies of the entire application are required at submission.
Every appeal or application shall refer to the specific provision
of this chapter that is involved and shall precisely set forth either
the interpretation that is claimed or the details of the variance
that is applied for and the ground on which it is claimed that such
variance should be granted. Each application shall also be accompanied
by a short or full environmental assessment form, or DEIS, as required
by the Environmental Conservation Law.
[Amended 2-18-2024 by L.L. No. 2-2024]
C. Public notice and hearing.
(1) The Board shall fix a reasonable time and place for
a public hearing on any such appeal or application, of which hearing
date the appellant shall be given notice and at which hearing he shall
appear in person or by agent. The Board shall additionally provide
notice as follows:
(a)
By publishing at least five business days prior
to the date thereof a legal notice in the official newspaper of the
Town.
(b)
By requiring that the Clerk of the Board of
Appeals provide notice at least five business days prior to the date
thereof of the substance of every appeal for a variance, together
with a notice of the hearing thereon, by mailing such to the owners
of all property abutting that of the applicant and all other owners
within 300 feet, or such additional distances as the Board of Appeals
may deem advisable, of the boundaries of the land involved in the
appeal. Compliance with this notification procedure shall be certified
to by the Clerk.
[Amended 2-18-2024 by L.L. No. 2-2024]
(2) The names and addresses of owners notified shall be
taken as such appear on the last completed tax roll of the Town.
(3) Provided that there has been substantial compliance
with this provision, the failure to give notice in exact conformance
herewith shall not be deemed to invalidate an action taken by the
Board of Appeals in either granting or denying an appeal for a variance
from a specific provision of this chapter.
(4) If the land involved in the appeal lies within 500
feet of the boundary of any other municipality, the Clerk of the Board
of Appeals shall also submit at least five business days prior to
the public hearing to the municipal clerk of such other municipality
or municipalities a copy of the notice of the substance of every appeal,
together with a copy of the official notice of such public hearing.
[Amended 2-18-2024 by L.L. No. 2-2024]
D. Required referral. A full statement of any appeal
that meets the specific referral requirements of §§ 239-l
and 239-m of the General Municipal Law shall also be referred prior
to the public hearing to the Saratoga County Planning Board for its
review. No action shall be taken by the Board of Appeals on such appeal
until an advisory recommendation has been received from said County
Planning Board or 30 days have elapsed since the County Planning Board
received such full statement.
E. Decisions. Every decision of the Board of Appeals
on an appeal or request shall be made within 62 days of the close
of the hearing by the Board of Appeals, shall be recorded in accordance
with standard forms adopted by the Board of Appeals and shall fully
set forth the circumstances of the case and contain a full record
of the findings on which the decision is based. Every decision shall
be by resolution of the Board of Appeals, with such decision being
filed in the office of the Town Clerk within five business days thereof.
The Clerk of the Board of Appeals shall also notify the Zoning Enforcement
Officer or Code Enforcement Official, the Clerk of the Town Planning
Board and any affected municipality given notice of hearing of its
decision in each case. If applicable, a report on the action taken
shall also be filed within seven days thereof with the Saratoga County
Planning Board.
[Amended 2-18-2024 by L.L. No. 2-2024]
F. Attachment of conditions. In all cases where the Board of Appeals grants a variance from the strict application of the requirements of this chapter, it shall be the duty of the Board of Appeals to attach such conditions and safeguards as may be required in order that the result of its action shall be as nearly as possible in accordance with the spirit and intent of this chapter and the criteria for granting relief stated in §
180-74C.
G. Expiration of approval. Construction of use must be
commenced within one year from the date of granting a variance, and
all work must be completed within two years. If work is not completed
within two years, the applicant must apply for an extension not to
exceed one year from the Board of Appeals. No additional filing fee
will be charged.
H. Strict construction. All provisions of this chapter
pertaining to the Board of Appeals shall be strictly construed. The
Board of Appeals, as a body of limited jurisdiction, shall act in
full conformity with all provisions of law and of this chapter and
in strict compliance with all limitations contained therein; provided,
however, that if the procedural requirements set forth in this chapter
have been substantially observed, no applicant or appellant shall
be deprived of the right of application or appeal.
An appeal shall stay all proceedings in furtherance
of the action appealed from, unless the administrative official charged
with the enforcement of this chapter, from whom the appeal is taken,
certifies to the Board of Appeals, after the notice of appeal is filed,
that by reason of facts stated in the certificate a stay would, in
his or her opinion, cause imminent peril to life or property, in which
case proceedings shall not be stayed other than by a restraining order
which may be granted by the Board of Appeals or by a court with jurisdiction
on application, with notice to the administrative official from whom
the appeal is taken, and on due cause shown.
Any person or persons jointly or severally aggrieved
by any decision of the Board of Appeals may apply to the Supreme Court
of the State of New York for relief through a proceeding under Article
78 of the Civil Practice Law and Rules of the State of New York. Such
proceeding shall be governed by the specific provision of Article
78, except that the action must be initiated as therein provided within
30 days after the filing of the Board's decision in the office of
the Town Clerk.