Appeals to the Board of Appeals may be taken by any person aggrieved,
or by his agent, or by an officer, board or bureau of the Village
of Sleepy Hollow affected by any decision of the Building Inspector.
Such appeal shall be taken within a reasonable time as provided by
the rules of the Board of Appeals by filing with the officer from
whom the appeal is taken and with the Board of Appeals a notice of
appeal specifying the grounds thereof. The officer from whom the appeal
is taken shall forthwith transmit to the Board of Appeals all the
papers constituting the record upon which the appeal was taken.
All appeals shall be in writing on forms prescribed by the Board
of Appeals. Every appeal shall refer to the specific provision of
this chapter that is involved, and shall fully set forth the circumstances
of the case, the interpretation that is claimed on an allegation of
error, the variance that is applied for and the grounds on which it
is claimed that the same should be granted or the special use for
which the permit is sought or any other such information that the
rules of the Board may require.
An appeal stays all proceedings in furtherance of the action
in respect of which the decision appealed from was made, unless the
officer from whose action the appeal is taken certifies to the Board
of Appeals, after the notice of appeal shall have been filed with
him, that by reason of the facts stated in the certificate a stay
would, in his opinion, cause imminent peril to life or property. In
such case, proceedings shall not be stayed otherwise than by a restraining
order which may be granted by the Board of Appeals or by the State
Supreme Court on application or notice to the officer from whom the
appeal is taken and on due cause shown.
[Amended 1-19-1993 by L.L. No. 1-1993; 2-16-1993 by L.L. No.
3-1993]
The Board of Appeals shall fix a reasonable time for the hearing
of the appeal or other matter subject to the jurisdiction of the Board,
giving due notice thereof to the appellant or applicant. Said appellant
shall, at least 20 days prior to the time appointed for said hearing,
give personal notice to all owners of property situated within or
without the Village of Sleepy Hollow within 200 feet of the property
to be affected by said appeal. Such notice shall be given by certified
mail, return receipt requested. In addition, the Board of Appeals
shall, at least 20 days prior to the time appointed for said hearing,
publish a notice of the time and place of such public hearing in a
local newspaper of general circulation in the Village of Sleepy Hollow.
The appellant or applicant shall, by affidavit, present satisfactory
proof to the Board of Appeals at the time of the hearing that notices
have been duly mailed. Any party may appear at the hearing in person,
by agent or by attorney.
A.
Notice for nonresident owners. Whenever said owners are nonresidents
of the Village of Sleepy Hollow, such notice may be given by sending
written notice thereof by registered mail to the last-known address
of the property owner or owners, as shown by the most recent tax lists
of the Village. Where the owner is a partnership, service upon any
partner, as above provided, shall be sufficient, and where owners
are corporations, service upon any officers, as above set forth, shall
be sufficient. The appellant shall, by affidavit, present satisfactory
proof to the Board of Appeals at the time of the hearing that said
notices have been duly served as aforesaid. Upon the hearing, any
party may appear in person, by agent or by attorney.
Unless otherwise specified by the Board of Appeals, a decision
on any appeal or request for a variance or special use permit shall
expire without notice if the applicant fails to obtain any necessary
building permit or comply with the conditions of said authorized permit
within one year from the date of authorization thereof. However, an
extension may be granted by the Board of Appeals because of the occurrence
of conditions unforeseen at the time of the original action. Any application
for extension shall be subject to the same procedure as specified
in this article for the original issuance of the variance or use permit.
[Amended 1-22-2013 by L.L. No. 1-2013]
Whenever an appeal shall be taken to the Board of Appeals pursuant
to this article, said Board shall render its decision upon such appeal
within 62 days from the date of the hearing on such appeal. The time
within which the Board of Appeals must render its decision may be
extended by mutual consent of the applicant and the Board.
[Amended 1-22-2013 by L.L. No. 1-2013]
Whenever the Board of Appeals, after hearing all the evidence
presented upon an application or appeal under the provisions of this
chapter, denies the same, said Board shall refuse to hold further
hearings on that or a substantially similar application or appeal
by the same applicant, successor or assignee for a period of six months.
If the Board determines from the information supplied with a request
for a rehearing that changed conditions have occurred relating to
the promotion of the public health, safety, convenience, comfort,
prosperity and general welfare, the appeal or application may be reconsidered
within said period. A motion for the Zoning Board of Appeals to hold
a rehearing to review any order, decision or determination of the
Board not previously reheard may be made by any member of the Board
in accordance with Village Law § 7-712-a, Subdivision 12.
The Board of Appeals shall transmit to the Planning Board a
copy of every appeal or application made to the Board, and shall also
notify the Planning Board of the date of the hearing thereon. In addition,
the Board of Appeals shall refer to the Planning Board all applications
for variances, for special permits, and such other applications or
appeals which in its opinion require review by the Planning Board.
A.
Criteria for Planning Board review. Upon referral, the Planning Board
shall review such applications to ensure conformance with the intent
of the Comprehensive Development Plan and Official Map, unless otherwise
provided herein.
B.
Report by the Planning Board to the Board of Appeals. The Planning
Board shall report its findings to the Board of Appeals within 30
days of receipt of a request for review. Such report shall state all
recommended conditions and modifications and the reasons for recommending
approval or disapproval.
C.
[1]Annual report by Planning Board to the governing body.
Following the enactment of this chapter, the Planning Board shall
prepare and file with the governing body annually a report on the
operation of this chapter, including recommendations as to the enactment
of amendments, supplements or changes thereof. Copies shall be filed
with the Board of Appeals, the Building Inspector and the Village
Attorney.
[Added 1-22-2013 by L.L.
No. 1-2013]
A.
Referral
to neighboring municipalities. Pursuant to General Municipal Law § 239-nn,
for a use variance review under this chapter involving property located
within 500 feet of an adjacent municipality, notice of any public
hearing shall be given by mail or electronic transmission to the clerk
of the adjacent municipality not less than 10 days prior to the date
of said hearing.
B.
Notice
to Park Commission and County Planning Board. At least five days before
a hearing on an action or appeal, the Zoning Board of Appeals shall
mail notices thereof to the Regional State Parks Commission having
jurisdiction over any state park or parkway within 500 feet of the
property affected by such appeal and to the County Planning Board
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.
