Town of Waterford, NY
Saratoga County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Zoning Board of Appeals of the Town of Waterford 7-11-1978 by resolution. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning Board of Appeals — See Ch. 45.
Site plan review — See Ch. 131.
Zoning — See Ch. 161.
The Zoning Board of Appeals of the Town of Waterford shall be governed by the provisions of all applicable state statutes, local laws, ordinances and these rules.
As used in these rules, the following terms shall have the meanings indicated:
BOARD
The duly appointed Zoning Board of Appeals of the Town of Waterford.
A. 
The Board shall become familiar with all the duly enacted ordinances and laws of the town under which it may be expected to act, as well as with the applicable state statutes.
B. 
The Board shall become familiar with the community goals, desires and policies as expressed in a Comprehensive Plan, if any, and, in rendering decisions, shall be guided by such Plan, if any, and grant the minimum relief which will ensure that the goals and policies of the plan are preserved and substantial justice is done.
The officers of the Board shall consist of a Chairman and Secretary.
A. 
Chairman. The Chairman shall be designated by the Town Board. He shall perform all duties required by law, ordinance and these rules. He shall preside at all meetings of the Board. The Chairman shall decide on all points of order and procedure, subject to these rules, unless directed otherwise by a majority of the Board. The Chairman shall appoint any committees found necessary to carry out the business of the Board. The Chairman may administer oaths and compel the attendance of witnesses as necessary to carry out the business of the Board. The Chairman's or Secretary's signature shall be the official signatures of the Board and shall appear on all decisions as directed by the Board.
B. 
Secretary. A Secretary shall be appointed by resolution of the Board of Appeals. The Secretary, subject to the direction of the Board and the Chairman, shall keep minutes of all Board proceedings, showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact, and shall also keep records of all Board examinations and other official actions. He serves in the absence of the Chairman. He shall have all the powers of the Chairman during his absence, disability or disqualification.
A. 
Should any vacancy on the Board occur for any reason, the Secretary shall give immediate notice thereof to the Town Clerk for the Town Board.
B. 
Should such a vacancy occur among the officers of the Board subject to election by the Board, such office shall be filled by election for the unexpired term at the next meeting of the Board.
C. 
Should the office of Chairman become vacant, the Secretary shall add such fact to the notice required in Subsection A above. The Secretary shall handle the duties of the Chairman until such time as the Town Board shall appoint a new Chairman.
A. 
Regular meetings. The regular meeting of the Board shall be held on the third Monday of every second month, beginning in January at 7:30 p.m. in the Town Hall, Town of Waterford.
B. 
Annual meeting. The annual organizational meeting of the Board shall be the first regular meeting of the year.
C. 
Special meetings.
(1) 
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 each member of the Board.
(2) 
The Chairman shall call a special meeting within 10 days of receipt of a written request from any three members of the Board, which request shall specify the matters to be considered at such special meeting.
D. 
Cancellations of meetings. Whenever there are no appeals or applications for variance 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.
E. 
Proceedings. The order of business at regular meetings shall be as follows:
(1) 
Roll call.
(2) 
Reading and approval of minutes of preceding meeting.
(3) 
Action on held cases.
(4) 
Public hearing, when scheduled; see § 161-41E(8).
(5) 
Other business.
(6) 
Adjournment.
F. 
Executive meetings. The Board may meet in executive session to deliberate on matters before the Board. However, any official action taken by the Board shall be at a meeting open to the public. Executive meetings may immediately precede the opening or follow the closing of regular meetings or hearings.
A. 
A quorum shall consist of a majority of the members of the Board.
B. 
No hearing or meeting of the Board shall be held nor any action taken in the absence of a quorum; however, those members present shall be entitled to request the Chairman to call a special meeting for a subsequent date. All subsequent hearings shall be readvertised in accordance with the requirements of the applicable law.
A. 
All matters shall be decided by roll call vote. Decisions on any matter before the Board shall require the affirmative vote of a majority of the Board unless otherwise specified herein.
B. 
A tie vote or favorable vote by a lesser number than the required majority shall be considered a rejection of the application under consideration.
C. 
No member of the Board shall sit in hearing or vote on any matter in which he is personally or financially interested. Said member shall not be counted by the Board in establishing the quorum for such matter.
D. 
No member shall vote on the determination of any matter requiring public hearing unless he has attended the public hearing thereon; however, where such member has familiarized himself with such matter by reading the record, he shall be qualified to vote.[1]
[1]
Editor's Note: Former Section 5, Appeals and Procedures, Section 6, Hearings, Section 7. Referrals, Section 8, Decisions, and Section 9, Adoption and Amendment of Rules and Regulations, which immediately followed this section, were deleted during codification: see Ch. 1, General Provisions, Art. II.