Town of Williamson, NY
Wayne County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Appeals of the Town of Williamson 8-27-1965. Amendments noted where applicable.]

§ A183-1 General governing rule.

The Board of Appeals shall be governed by the Zoning Law contained in Chapter 62, Article 16, Town Law of the State of New York. Each Board member shall thoroughly familiarize himself with the statutes and ordinances applicable to the Town of Williamson, New York.

§ A183-2 Officers and duties.

A. 
The enabling legislation provides that the Town Board shall appoint the Chairman. The Chairman shall perform all duties required by law, ordinance and the rules of the Board. An Acting Chairman shall be elected by the Board of Appeals to serve in the absence of the Chairman.
B. 
The Chairman shall decide on all points of order and procedure, subject to these rules, unless directed otherwise by a majority of the Board in session at the time. The Chairman shall appoint any committees found necessary to investigate any matters before the Board.
C. 
A Secretary shall be designated by the Board who may or may not be a member thereof, but who shall not be the Enforcement Officer. The Secretary, subject to the direction of the Board and the Chairman, shall keep all records, supervise the clerical work of the Board and shall generally keep a minute book showing the record of all important facts pertaining to each meeting and hearing and include a copy of each, resolution acted upon by the Board, the vote of each member, members absent or failing to vote and such other details as the Board or its Chairman shall direct. At the completion of his term he shall turn over all records to his successor.

§ A183-3 Time of meetings.

Regular meetings shall be held on the first Friday of each month at 8:00 P.M., in the meeting room in the Williamson Town Hall. Special meetings of the Board may be called by the Chairman. At least 48 hours' notice of the time set for special meetings shall be given each member.

§ A183-4 Cancellation of meetings.

Whenever there are no appeals or applications for variances, special permits or other business at a regular meeting, the Chairman may dispense with such meeting by notice to all members not less than 48 hours prior to the time set for such meeting.

§ A183-5 Conduct of meetings.

A. 
All meetings shall be open to the public. A quorum shall consist of three members of the Board. The Chairman, or in his absence, the Acting Chairman, may administer oaths or compel the attendance of witnesses. The order of business at regular meetings shall be as follows:
(1) 
Roll call.
(2) 
Reading of the minutes of the preceding meeting.
(3) 
Reports of committees.
(4) 
Hearing of cases.
(5) 
Unfinished business.
B. 
No Board member shall sit in a hearing passing on any case in which he shall be financially interested.

§ A183-6 Appeals and application.

A. 
The Board shall hear all appeals from the action of the Enforcement Officer when it is alleged that a permit has been incorrectly issued or denied or when the applicant claims the ordinance has been incorrectly interpreted. The Board shall consider all matters on which it is required to pass under the Zoning Ordinance. The Board shall also hear appeals in which unnecessary hardship is claimed.
B. 
An appeal must be made within 30 days after the date of receipt of written notification by the interested party or parties of the decision of the Enforcement Officer. The applicant must file his application for a hearing with the Board of Appeals and with the Enforcement Officer. All applications shall be on a form furnished for that purpose. Board members, through the Enforcement Officer, shall be responsible for providing the proper forms and for instructing the parties concerned as to the proper manner for completing and returning said forms. All information required thereon shall be complete before an appeal is considered filed.
C. 
Two copies of the proper appeal form shall be filed with the Board of Appeals through the Enforcement Officer.
D. 
The fee established by the Town of Williamson Zoning Ordinance for an appeal shall be deposited with the Enforcement Officer for each appeal filed, simultaneously with filing of the application.
E. 
Whenever possible, an opinion by the Planning Board will be solicited for each case before the Board of Appeals.

§ A183-7 Hearings.

A. 
After receipt of an appeal application, the Chairman acting through the Secretary shall schedule the time for a hearing. Such hearing shall be within 60 days from the filing of such appeal.
B. 
The Board of Appeals shall give notice of the hearing as required by the statutes of the State of New York and the Town of Williamson Zoning Ordinance.
C. 
Such notice shall state the name of the applicant, the location of the building or lot, the general nature of the question involved including the name of the zoning district involved, and the time and place of the hearing.
D. 
Any person may appear in person or by agent or attorney at the hearing. At the hearing the order of business shall be as follows:
(1) 
The Chairman shall give a statement of the case.
(2) 
The applicant shall present the argument in support of the case.
(3) 
Those in objection shall present the argument against the case.
(4) 
Rebuttal by both sides. Witnesses may be called and factual evidence may be submitted.
E. 
An application for a rehearing may be made in the same manner as provided for original hearings. The application for rehearing may be denied by the Board if, from the record, it shall appear that there has not been a substantial change in the facts, evidence or conditions. However, any matter not previously reviewed may be heard on motion adopted by unanimous vote of all members present which shall be a majority of all members.

§ A183-8 Decisions.

A. 
Decision by the Board shall be made within a reasonable time after the hearing. An additional 30 days shall be allowed if it is necessary to submit a case to the County Regional Planning Board for review under Sections 239-1 and 239-m of the General Municipal Law of the State of New York.
B. 
The final decision of the Board shall be made by a written order signed by the Chairman. Such decision shall show the reasons for the determination and may reverse or affirm, wholly or partly, or may modify the order or determination appealed from. Such decision shall also state in detail, in the case of variances, any exceptional difficulty or unusual hardship upon which the appeal was based and which the Board found present. The decision shall also state in detail what, if any, conditions and safeguards are required.
C. 
After a rehearing, other than one based on a substantial change in conditions, the original order may be reversed or modified only by a concurring vote of all members of the Board and if the rights vested prior thereto in persons acting in good faith in reliance upon the original order will not be prejudiced.
D. 
The concurring vote of a majority of the members of the Board shall be necessary to reverse any order, requirement or determination of the Enforcement Officer or to decide in favor of the applicant.
E. 
Decisions of the Board shall be immediately filed in the office of the Town Clerk and shall be a public record. Copies shall be forwarded to the Planning Board, the Town Board, the Enforcement Officer and the applicant.

§ A183-9 Amendments.

These rules may be amended by an affirmative vote of not less than a majority of all members of the Board, provided that such amendment be presented in writing at a regular or special meeting preceding the meeting at which the vote is taken.