Town of North Salem, NY Chapter A261 Board of Appeals Rules and Regulations

[HISTORY: Adopted by the Board of Appeals of the Town of North Salem 2-9-1989. Amendments noted where applicable.]

GENERAL REFERENCES

Application processing — See Ch. 37.

Fees — See Ch. 85.

Landmark and historic preservation — See Ch. 130.

Subdivision of land — See Ch. 200.

Zoning — See Ch. 250.

§ A261-1 Establishment.

The rules and regulations are established herein by the Board of Appeals (the "Board") pursuant to Article XVII, § 250-109, of the Code of the Town of North Salem (the "Code") and § 274-a of the Town Law. They supplement the requirements of Article XVII of the Code[1] and apply to all actions that are heard by the Board. The rules and regulations are not intended to supersede any section of the Code.

[1] Editor's Note: See Ch. 250, Zoning, more specifically Art. XVII, Board of Appeals.

§ A261-2 Intent.

The rules and regulations are intended to assist the Board in fulfilling its duties as set forth in § 250-108 of the Code and are designed to establish procedures for the operation of the Board.

§ A261-3 Meetings and proceedings.

A. Regular meetings. The regular meetings of the Board shall be held on the second Thursday of each month at 7:30 p.m. at the Town Hall Annex, Route 116, North Salem, New York.

[Amended 5-8-1990]

B. Annual meeting. The annual organizational meeting of the Board shall be the first regular meeting of the year.

C. Special meetings. Special meetings of the Board may be called by the Chairman. At least 48 hours' notice of the time, place and business of the meeting shall be given to each member of the Board.

D. Special meetings. The Chairman shall call a special meeting within 10 days of a written request of three members of the Board, which request shall specify the matters to be considered at such special meeting.

E. Cancellation of meetings. Whenever there are no appeals or applications for variance or other business to transact at a regular meeting, the Chairman may dispense with such meeting by notice to all members no less than 48 hours prior to the time set for such meeting.

F. Proceedings. The order of business at regular meetings shall be as follows:

(1) Call to order.

(2) Acceptance of minutes.

(3) Action on held cases.

(4) Public hearings.

(5) Other business.

(6) Adjournment.

G. Agenda. An agenda for all regular and special meetings of the Board shall be posted at least 48 hours prior to the scheduled meeting. The Chairman may change the sequence of items on the agenda.

[Added 5-8-1990[1]]

[1] Editor's Note: Pursuant to this addition, former Subsections G through O were redesignated as Subsections H through P, respectively.

H. Quorum. A quorum shall consist of a majority of the members of the Board. No meeting shall be held nor any action taken in the absence of a quorum.

I. Voting. All matters shall be decided by a roll-call vote. Decisions on any matter before the Board shall require the affirmative vote of a majority of the entire membership of the Board unless otherwise specified by law.

J. Applications. All applications received by the Board shall be stamped with the date received, and an individual folder shall be created for that application. All correspondence and documentation relating to that application shall be maintained in that folder.

(1) Numbering. Each application shall receive a file number indicating the year and next available consecutive number, i.e., 89-01, 89-02.

(2) Filing. The file of applications shall be maintained in file number sequence.

(3) Cutoff date. The Chairman may establish a date by which an application must be received in order to be heard at the next regular meeting. The cutoff date by which an application must be received in order to be heard at the next regular meeting shall be 16 days prior to a regularly scheduled meeting unless, in the opinion of the Chairman, a shorter time frame shall be sufficient.

[Added 5-8-1990]

K. Correspondence. All correspondence received by the Board shall be stamped with the received date and filed chronologically in a master file. Those documents relating to an application before the Board shall be copied, and the original shall be filed in the application folder, and a copy shall be filed in the master file with a notation of the file number on it.

L. Distribution. Each member of the Board shall receive a copy of all applications and correspondence addressed to the Board. Where voluminous documents are received and are not part of an application, each member shall be notified of the receipt of the document and the location where it may be reviewed.

M. Minutes. Minutes of all meetings of the Board shall be taken and recorded in accordance with Town Law and shall be made available to the Board for acceptance prior to the next regular meeting. Upon acceptance, the minutes shall be kept in a permanent minute book in the Board records, and a copy shall be filed in the office of the Town Clerk in accordance with Town Law. A copy of the portion of the minutes pertaining to an application shall be filed in the individual application folder.

N. Resolutions. Each resolution of approval, approval with conditions or disapproval shall fully set forth the circumstances of the application, the record of findings on which the decision was made and the decision made by the Board. Each resolution shall be filed in the offices of the Town Clerk and Building Inspector. A copy shall be placed in the applicant's file and in the permanent minute book. A certified copy of the resolution shall be sent to the applicant within 15 days of the decision.

O. Freedom of information. All applications, related documents and correspondence received by the Board shall be made available for review by the public under the requirements of the Freedom of Information Law.[2]

[2] Editor's Note: See Ch. 175, Records, Public Access to.

P. Security of records. The master file of correspondence, all individual application folders and the record of minutes shall not be removed from the control of the Board except where required by law. All review or copying of these records shall be done under the supervision of the Chairman or his designee.

§ A261-4 Special permits.

A. Applications. All applications for a special permit shall be submitted in seven copies and shall include the following information and documentation:

(1) A petition for a special permit, completed and notarized (Exhibit 1[1]).

[1] Editor's Note: Exhibit 1 is located at the end of this chapter.

(2) An affidavit of ownership, completed and notarized (Exhibit 2[2]).

[2] Editor's Note: Exhibit 2 is located at the end of this chapter.

(3) A disclosure statement, completed (Exhibit 3[3]).

[3] Editor's Note: Exhibit 3 is located at the end of this chapter.

(4) An affidavit for the Application Processing Restrictive Law, completed and notarized (Exhibit 4[4]).

[4] Editor's Note: Exhibit 4 is located at the end of this chapter. For provisions relating to the Application Processing Restrictive Law, see Ch. 37, Application Processing.

(5) An environmental assessment form (EAF), Part 1, completed (Exhibit 5[5]).

[5] Editor's Note: Exhibit 5 is located at the end of this chapter.

(6) A list of the current owners of all property located within 500 feet of the boundaries of the property upon which the special permit is requested.

(7) A notice to property owners, completed (Exhibit 6[6]).

[6] Editor's Note: Exhibit 6 is located at the end of this chapter.

(8) A drawing, to scale, or a survey of the property showing the location of all structures, driveways, parking, wells, septic areas, easements and encumbrances, both existing and proposed. Note: the Board may require a survey in those cases where the location of structures or distances from boundaries are important.

(9) Plans and drawings of all construction proposed in connection with the special permit application.

(10) Payment of all fees in accordance with the Standard Schedule of Fees of the Town of North Salem.[7]

[7] Editor's Note: See Ch. 85, Fees.

(11) Any other information or documentation the applicant may choose to submit or may be applicable to the particular application as required by the Board.

B. Initial review. The Chairman or his designee shall review each application for completeness. If additional information is required, the applicant shall be so notified before any action is taken.

C. Referral. The Chairman or his designee may refer any application to any other agency as may be required.

D. Site inspection. Prior to the public hearing, the Board shall conduct a site inspection of the property. When requested, the applicant shall make access to any enclosed structures available to the Board and shall cause to be staked any features as the Board may deem to be appropriate to aid its inspection.

E. Public hearing notice. Notice of the public hearing shall be given in accordance with the following:

(1) Publication. At least five days prior to the date of the scheduled public hearing, the Board, at the applicant's expense, shall cause notice of the public hearing to be published in a newspaper of general circulation in the Town as designated by the Town as its official newspaper.

(2) Notice to property owners. At least 10 days prior to the date of the scheduled public hearing, the applicant shall notify the owners of all property located within 200 feet of the boundaries of the lot to which the application pertains. Where the property is located in a cooperative, such notice shall only be required to be given to property owners within 50 feet and to the cooperative. Such notice shall be made in accordance with the following:

(a) Form and content. Such notice shall be in the form approved by the Board (Exhibit 6[8]).

[8] Editor's Note: Exhibit 6 is located at the end of this chapter.

(b) Transmittal. Such notice shall be transmitted by personal service or shall be sent by United States Postal Service certified or registered mail, return receipt requested.

(c) Certification. At the public hearing, the applicant shall provide to the Board an affidavit that delivery or mailing was completed as required herein or shall provide copies of all mailing receipts.

F. Special permits requiring site plan approval. All special permit applications requiring site plan approval by the Planning Board shall be processed as follows:

(1) Planning Board review. Simultaneously with the filing of an application for a special permit, the applicant shall file an application for site development plan approval with the Planning Board.

(2) Recommendation. Within 30 days of receipt of its application, unless extended for good cause, the Planning Board shall transmit its recommendation to the Board.

(3) Work session. Upon determination of completeness, the application shall be placed on the next available agenda, after a site inspection, for a work session, which may include discussion of the following:

(a) The application and all documentation.

(b) The requirements of the State Environmental Quality Review Act (SEQRA).[9]

[9] Editor's Note: See Environmental Conservation Law § 8-0105.

(c) Confirmation of application to the Planning Board for site plan approval.

(d) Referral to any other agencies.

(4) Public hearing. The Board shall conduct a duly noticed public hearing within 45 days of receipt of the recommendation of the Planning Board. If such recommendation is not received within the required time, the Board shall conduct the public hearing within 45 days of the end of the thirty-day period.

G. Special permits not requiring site plan approval. Upon determination of completeness, all special permits not requiring site plan approval by the Planning Board shall be processed as follows:

(1) Public hearing. The Board shall conduct a duly noticed public hearing on the next available agenda of the Board.

H. Approval. In accordance with § 250-108E of the Code and within 45 days after a public hearing has been conducted, the Board shall, by resolution, grant, with or without conditions, or deny the special permit.

I. Conditions. All special permits requiring site plan approval by the Planning Board shall contain a condition that the granting of the special permit is subject to the approval of the site plan by the Planning Board within six months. Such period may be extended by resolution of the Board for an additional period of six months upon written request of the applicant.

§ A261-5 Variances.

A. Applications. All applications for variances shall include the following information and documentation:

(1) A petition for a zoning request, completed and notarized (Exhibit 7[1]).

[1] Editor's Note: Exhibit 7 is located at the end of this chapter.

(2) A disclosure statement, completed (Exhibit 3[2]).

[2] Editor's Note: Exhibit 3 is located at the end of this chapter.

(3) An affidavit for the Application Processing Restrictive Law, completed and notarized (Exhibit 4[3]).

[3] Editor's Note: Exhibit 4 is located at the end of this chapter. For provisions relating to the Application Processing Restrictive Law, see Ch. 37, Application Processing.

(4) An environmental assessment form (EAF), Part 1, completed (Exhibit 5[4]) (use variances only).

[4] Editor's Note: Exhibit 5 is located at the end of this chapter.

(5) A list of the owners of all property located within 500 feet of the boundaries of the property upon which the variance is requested.

(6) A drawing, to scale, or a survey of the property showing the location of all structures, driveways, wells, septic areas, easements and encumbrances, both existing and proposed. Note: The Board may require a survey in those cases where the location of structures or distances from boundaries are important.

(7) Plans and drawings of all construction proposed in connection with the variance.

(8) A copy of the objection filed by the Zoning Enforcement Officer or referral by an approving agency.

(9) Payment of all fees in accordance with the Standard Schedule of Fees of the Town of North Salem.[5]

[5] Editor's Note: See Ch. 85, Fees.

(10) Any other information or documentation the petitioner may choose to submit or may be applicable to the particular petition as required by the Board.

B. Initial review. The Chairman or his designee shall review each petition, for completeness. If additional information is required, the petitioner shall be so notified before any action is taken.

C. Referral. The Chairman or his designee may refer any petition to any other agency as may be required.

D. Site inspection. The Board shall conduct a site inspection in accordance with § A261-4E.

E. Public hearing. Upon determination of completeness, the Board shall conduct a duly noticed (see § A261-4E) public hearing on the next available agenda of the Board.

F. Approval. In accordance with § 250-108C of the Code and within 60 days after a public hearing has been conducted, the Board of Appeals shall, by resolution, grant, with or without conditions or modifications, or deny the petition for a variance.

§ A261-6 Appeals; interpretations.

A. Notice of appeal. All appeals from any order, decision, requirement or determination of the Building Inspector or other official shall be in writing and shall describe the circumstances involved with the action for which the appeal is sought.

B. Report. The Building Inspector or other official shall submit a report, in writing, to the Board detailing the circumstances resulting in the action being appealed.

C. Review. The Board shall hear the appeal at its next regular meeting. It may request such information or documentation as may reasonably be required.

D. Approval. In accordance with § 250-108 of the Code, the Board shall, by resolution, grant, with or without modification, or deny the appeal.

E. Interpretation. The Board may make a determination of the meaning of any portion of the text of Chapter 250 of the Code. Such determination shall be by resolution.

§ A261-7 Waiver of provisions; validity.

A. Waiver. The Board of Appeals may waive specific provisions of these procedures that, in its judgment of the particular circumstances of a proposed application, are not requisite in the interest of public health, safety and general welfare. Waivers may be granted subject to conditions deemed necessary to support the purpose and intent of these procedures. No waiver shall be granted which would limit, reduce or impair the effectiveness of any other law applicable to the proposed application.

B. Omission. The omission from the rules and regulations of any requirement authorized to be imposed by statute shall not preclude the Board from imposing such requirement by resolution adopted by it in connection with the granting of any special permit or variance or in connection with a determination on an appeal.

C. Severability. If any section, paragraph, sentence, clause or phrase of these rules and regulations shall for any reason be held to be invalid or unconstitutional by a decree or decision of any court of competent jurisdiction, such decree or decision shall not affect or impair the validity of any other section or remaining portion of the rules and regulations.

D. Limitation. If any section, paragraph, sentence, clause or phrase of these rules and regulations shall for any reason be held to be invalid or unconstitutional by a decree or decision of any court of competent jurisdiction, such decree or decision shall be limited to the particular special permit, variance or decision on appeal, and the general applicability of these rules and regulations to other special permits, variances or decisions on appeal shall not be affected.

§ A261-8 Authority; amendments.

A. Adoption. These rules and regulations are established and adopted by the Board in accordance with § 250-121 of the Code and shall be in full force and effect upon the approval by resolution of the Town Board of the Town of North Salem.

B. Amendments. These rules and regulations may be amended or rescinded by resolution of the Town Board of the Town of North Salem upon the recommendation of the Board.