After filing of the notice of appeal with the
Chairman, the Board shall schedule a hearing thereon within 60 days
of such filing. Hearings will be held at the regular meeting of the
Board.
The Board shall give notice of hearing in accordance
with the provisions of the applicable law of the State of New York,
as amended. The notice of hearing shall state the location of the
building or lot or property involved, the name of the appellant, the
general nature of the question involved, the date, time and place
of the hearing and the nature of the relief sought.
A.
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.
B.
An application for a rehearing may be made in the
same manner as that provided for the original appeal. The application
for a rehearing may be denied by the Board if from the record it shall
appear that there has been no substantial change in facts, evidence
or conditions.
A.
Prior to taking action on any matter which would cause
any change in the regulations or use of land or buildings on real
property as specified in § 239-m of the General Municipal
Law, the Board shall make referrals to the Orange County Planning
Agency. If such Planning Agency disapproves the proposal or recommends
modification thereof, the Board shall not act contrary to such disapproval
or recommendation except by a vote of a majority plus one of all the
members of the Board and after the adoption of a resolution fully
setting forth the reasons for such contrary action. The Chairman shall
read the report of the County Planning Agency at the public hearing
on the matter under review.
B.
If such Planning Agency fails to report within the
period of 30 days or such longer period as may have been agreed upon
by it and the referring agency, the Board may act without such report.
