A Zoning Board of Appeals is hereby created
in accordance with § 267 of Article 16 of the Town Law.
Said Board shall consist of five members, appointed by the Town Board
for terms of five years. 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 for cause and after public hearing. The Town
Board shall designate the Chairman of the Board of Appeals, while
the Board of Appeals shall designate its Secretary and may prescribe
reasonable rules in addition to those provided herein for the conduct
of its affairs.
The Board of Appeals shall have all the powers
and duties prescribed by law and by this chapter, which are more particularly
specified as follows:
A.
Interpretation. On appeal from an order, requirement,
decision or determination made by an administrative official or on
request by an official, board or agency of the town, to decide any
of the following questions:
(1)
Determination of the meaning of any portion
of the text of this chapter or of any conditions or requirement specified
or made under the provisions of this chapter.
B.
Variances. To authorize, upon appeal in specific cases,
such variances from the terms of this chapter as will not be contrary
to the public interest where, owing to exceptional and extraordinary
circumstances, there are unnecessary hardships or practical difficulties
in the way of carrying out of the strict letter of this chapter, subject
to terms and conditions to be fixed by the Board; provided, however,
that no such variance shall be granted unless the Board finds:
(1)
That there are physical conditions, such as
the case of an exceptionally irregular, narrow, shallow or steep lot,
fully described in the findings of the Board, applying to the land
or building for which the variance is sought, which conditions are
peculiar to such land or building and have not resulted from any act
of the applicant or any predecessor in title.
(2)
That, for reasons fully set forth in the findings
of the Board, the aforesaid circumstances or conditions are such that
the strict application of the provisions of this chapter would deprive
the applicant of the reasonable use of such land or building and 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)
That the granting of the variance under such
conditions as the Board may deem necessary or desirable to apply thereto
will be in harmony with the general purpose and intent of this chapter,
will not represent a radical departure therefrom, will not be injurious
to the neighborhood, will not change the character thereof and will
not be otherwise detrimental to the public welfare.
The Zoning Board of Appeals shall act in strict
accordance with the procedure specified by 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 building inspector or to authorize a variance, an
affirmative vote of at least three members shall be required. The
Board shall keep minutes of its proceedings, showing the vote of each
member upon each question, and shall keep records of its examinations
and other official actions.
B.
Application and fee. All appeals and applications
made to the Board shall be in writing, on forms prescribed by the
Board, and shall be accompanied by a fee as established by the Town
Board. 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 grounds on which it is claimed that such
variance should be granted.
C.
Public notice and hearing. The Board shall fix a time
and place for a public hearing on any such appeal or application and
shall provide notice as follows:
(1)
By publishing, at least five calendar days prior
to the date thereof, a legal notice in the official newspaper of the
town.
(2)
By requiring the building inspector to provide
notice, at least five calendar 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 held by the applicant and all other owners within 300
feet or such additional distances as the Board of Appeals may deem
advisable, from the boundaries of the land involved in such appeal.
Compliance with this notification procedure shall be certified to
by the building inspector.
(a)
The names of owners notified shall be taken
as such appear on the last completed tax roll of the town.
(b)
Provided that there shall have been substantial
compliance with these provisions, the failure to give notice in exact
conformance herewith shall not be deemed to invalidate an action taken
by the Board of Appeals in connection with granting or denying of
an appeal for a variance.
(3)
By requiring the Secretary of the Board of Appeals
to transmit to the Director of Planning and Zoning a copy of any appeal
for a variance, together with a copy of the notice of such hearing,
at least 20 calendar days prior to the date thereof. The Board of
Appeals shall request that the Planning Board submit to the Board
of Appeals an advisory opinion prior to the date of such hearing.
Upon failure of the Planning Board to submit such report, said Board
shall be deemed to have recommended approval of the application or
appeal.
(4)
If the land involved in the appeal lies within
500 feet of the boundary of any other municipality, the Secretary
of the Board of Appeals shall also submit, at least five calendar
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.
D.
Required referral. A full statement of any appeal
that meets the referral requirements of §§ 239-1 and
239-m of the General Municipal Law shall also be referred, prior to
the public hearing, to the Rensselaer County Bureau of Planning for
its review. No action shall be taken by the Board of Appeals on such
appeal until an advisory recommendation has been received from the
Bureau of Planning or 30 calendar days have elapsed since the Bureau
received such full statement.
E.
Decisions. Every decision of the Board of Appeals
shall be recorded in accordance with standard forms adopted by the
Board and shall fully set forth the circumstances of the case and
shall contain a full record of the findings on which the decision
is based. Every decision shall be by resolution of the Board, with
each such decision being filed in the office of the Town Clerk within
10 calendar days thereof. The Board shall also notify the Director
of Planning and Zoning, the Secretary of the Planning Board and the
Municipal Clerk of 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 calendar days of said action
with the Rensselaer County Bureau of Planning.
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 such Board 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.
G.
Expiration of approval. Unless construction or use
is commenced and diligently prosecuted within 12 calendar months of
the date of the granting of a variance, such variance shall become
null and void.
H.
Strict construction. All the provisions of this chapter
relating 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.
