[HISTORY: Adopted by the Board of Appeals of the Town of Williamson
8-27-1965. Amendments noted where applicable.]
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.
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.
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.
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.
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:
B.
No Board member shall sit in a hearing passing on any
case in which he shall be financially interested.
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.
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:
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.
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.
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.
