A.
There is hereby established a Zoning Board of Appeals having the
powers authorized under the Consolidated Laws of the State of New
York.[1] Said Board shall consist of seven members appointed by
the Town Board. Appointments shall be in accordance with the Consolidated
Laws of the State of New York. An appointment to a vacancy occurring
prior to the expiration of a term shall be for the remainder of the
unexpired term.
[1]
Editor's Note: See § 267 of the Town Law.
B.
Appointment of alternate members.
(1)
The Town Board of the Town of Bethel may appoint up to two alternate
members to the Town of Bethel Zoning Board of Appeals. The alternate
members shall each serve a term of five years.
(2)
Powers and duties of alternate members.
(a)
Alternate members appointed to the Town of Bethel Zoning Board
of Appeals shall be required to attend all meetings thereof, subject
to excused absences. An alternate member shall not be permitted to
conduct any official business of said Zoning Board of Appeals unless
a regular member of the Zoning Board of Appeals is absent for any
reason or otherwise unable to vote due to conflict of interest and
the alternate member is designated by the Chairman of the Zoning Board
of Appeals to act in the capacity of such regular member who is absent
or unable to vote.
(b)
An alternate member acquires no rights to a permanent position
on the Zoning Board of Appeals as a result of his or her appointment
as an alternate member.
C.
Attendance requirements. Regular and alternate members appointed to the Town of Bethel Zoning Board of Appeals shall be required to attend all meetings thereof, subject to excused absences. Any regular or alternate member of the said Zoning Board of Appeals who accrues more than four unexcused absences in any calendar year shall be subject to removal from office in accordance with § 345-48E hereof.
D.
Training requirements.
(1)
Each member of the Zoning Board of Appeals shall complete, at a minimum,
four hours of training each year designed to enable such member to
more effectively carry out his or her duties. Training received by
a member in excess of four hours in any one year may be carried over
by the member into succeeding years in order to meet the requirements
of this section. Such training shall be approved by the Town Board
and may include, but not be limited to, training provided by a municipality,
regional or county planning office or commission, county planning
federation, state agency, statewide municipal association, college
or other similar entity. Training may be provided in a variety of
formats, including but not limited to electronic media, video, distance
learning and traditional classroom training.
E.
Removal from office.
[Amended 12-18-2017 by L.L. No. 3-2017]
(1)
The Town Board of the Town of Bethel shall have the power to remove
any regular or alternate member of the Town of Zoning Board of Appeals
for cause, including, but not limited to, noncompliance with attendance
and training requirements.
(2)
When so authorized by the Town Board, the Town Clerk shall issue
a written notice of removal and cause the same to be served on the
party to whom it is directed in the manner provided by § 308
of the Civil Practice Law and Rules.
(3)
Upon receipt of a written notice of removal, a member of the Town
of Bethel Zoning Board of Appeals shall have 20 days to serve a written
request for a public hearing on the Town Clerk.
(4)
Upon timely receipt of a written request for a public hearing by
the Town Clerk, the Town Supervisor shall schedule a public hearing.
The hearing shall be scheduled on a date within 45 days of the date
of the notice of removal or at some date mutually agreed by the parties.
(5)
Should the Zoning Board of Appeals member fail to provide timely
written notice requesting a public hearing to the Town Clerk, the
Town of Bethel Town Board shall have the right to find cause for the
removal in the absence of a public hearing and may so order the removal
of the Town of Bethel Zoning Board of Appeals member.
(6)
Should the Town of Bethel Zoning Board of Appeals member provide
timely written notice to the Town Clerk of their request for a public
hearing, at the conclusion of the public hearing, the Town Board,
upon finding cause for removal, may order the removal of the Zoning
Board of Appeals member.
The Zoning Board of Appeals, consistent with the provisions
of Town Law applicable thereto, shall determine its own rules of conduct
and procedure.
A.
Action of the Zoning Board of Appeals. In exercising its powers,
the Zoning Board of Appeals may reverse or affirm, wholly or partly,
or may modify the order, requirement, decision or determination appealed
from and may make such order, requirement, decision or determination
as in its judgment ought to be made in accordance with the provisions
of this chapter and pursuant to the Consolidated Laws of the State
of New York.
B.
Hear and decide appeals. The Zoning Board of Appeals may hear and
decide appeals where it is alleged that error or misinterpretation
in any order, requirement, decision, grant or refusal was made by
the Building Inspector or other administrative official in the carrying
out or enforcement of the provisions of this chapter or any ordinance
pursuant thereto.
C.
Hold public hearings. The Zoning Board of Appeals may hold public
hearings, as required, and as may be permitted by this chapter.
D.
Expert advice. The Zoning Board of Appeals is authorized to retain expert assistance for review and comment and to charge the applicant fees for any reasonable expenses connected therewith in accordance with § 345-60 herein.
E.
Variances.
(1)
The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of the Code Enforcement Officer or other administrative official or body charged with the enforcement of this Zoning Law, including the Planning Board, after public notice and hearing and in accordance with the requirements of law and this chapter, to grant area variances and use variances as those terms are defined herein. For the purposes of this § 345-50, any person taking an appeal or making application for review by the Zoning Board of Appeals shall be referred to as the "applicant."
[Amended 4-26-2012 by L.L. No. 1-2012]
(2)
Use variances.
[Amended 4-26-2012 by L.L. No. 1-2012]
(a)
The Zoning Board of Appeals shall have the power, upon an appeal
from a decision or determination of the Code Enforcement Officer or
other administrative official or body charged with the enforcement
of this Zoning Law, including the Planning Board, after public notice
and hearing and in accordance with the requirements of law and this
chapter, to grant use variances as defined herein.
(b)
If a use variance is granted, the applicant must obtain site
plan review approval from the Planning Board prior to commencing the
use and prior to obtaining a building permit.
(c)
No such use variance shall be granted by the Zoning Board of
Appeals without a showing by the applicant that otherwise applicable
zoning regulations and restrictions have caused unnecessary hardship.
[1]
Unnecessary hardship. In order to prove such unnecessary hardship
the applicant is required to demonstrate to the Zoning Board of Appeals
that, with respect to every permitted use under the zoning regulations
for the particular district where the property is located, each of
the following four criteria is satisfied:
[a]
The applicant cannot realize a reasonable return
on the entire parcel of property, and such lack of return is substantial
as demonstrated by competent financial evidence;
[b]
That the alleged hardship relating to the property
in question is unique, and does not apply to a substantial portion
of the district or neighborhood involved;
[c]
That the requested use variance, if granted, will
not alter the essential character of the neighborhood; and
[d]
That the alleged hardship has not been self-created.
[2]
Reasonable rate of return. In evaluating whether the applicant
can realize a reasonable rate of return, the Zoning Board of Appeals
shall examine whether the entire original or expanded real property
holdings of the applicant are incapable of producing a reasonable
rate of return (and not just the site of the proposed development
project). No use variance shall be granted unless, in addition to
satisfying all other applicable provisions of law and this chapter,
the Zoning Board of Appeals finds that the applicant has clearly demonstrated,
by detailed "dollar and cents" proof, the inability to obtain a reasonable
return for the entire parcel (and not just the site of the proposed
development project) and for each and every permitted use in the district
(including those uses permitted by special use permit).
[3]
Unique hardship. No use variance shall be granted unless, in
addition to satisfying all other applicable provisions of law and
this chapter, the Zoning Board of Appeals finds that the entire parcel
of which the development project is a part possesses unique characteristics
that distinguish it from other properties in the area.
[4]
Essential character of the neighborhood.
[a]
In making its determination of whether the proposed
development project will alter the essential character of the neighborhood,
the Zoning Board of Appeals shall take into account factors that are
of vital importance to the citizens of the Town including without
limitation:
[i]
The rural residential, agricultural and historic
character of the Town;
[ii]
Its irreplaceable recreation and tourism sites;
[iii]
The extent of hazard to life, limb or property
that may result from the proposed development project;
[iv]
Health impacts;
[v]
The social and economic impacts of traffic congestion,
noise, dust, odors, emissions, solid waste generation and other nuisances;
[vi]
The impact on property values; and
[vii]
Whether the applicant will use a style of development
that will result in degradation to the air quality, water quality
or scenic and natural resources of the Town.
[b]
In order to find that the proposed development
project does not alter the essential character of the neighborhood,
the Zoning Board of Appeals shall interpret the public interest in
said essential character of the neighborhood to require, at a minimum,
that the development project will not do any of the following:
[5]
Self-created hardship. The Zoning Board of Appeals may find
that the applicant suffers from a self-created hardship in the event
that the Board finds that:
[a]
The applicant's inability to obtain a reasonable
return on the real property as a whole results from having paid too
much for it or from a poor investment decision;
[b]
The applicant previously subdivided the real property
and is left with only a portion which suffers from some unique condition
which did not apply to the parcel prior to its subdivision, and from
which relief is sought; or
[c]
When the applicant purchased the property, he or
she knew or should have known the property was subject to the zoning
restrictions from which relief is sought.
(d)
In addition to the application and procedural requirements from time to time established pursuant to § 345-49, an application for any use variance shall contain a written narrative explaining what the application is for, and how the development project meets or exceeds all of the criteria for a use variance, including:
[1]
Competent financial evidence. Competent financial evidence containing
reasonable specification of the nature and factual particulars of
such claim, and articulating the basis for the applicant's claim,
and including, at a minimum (as to the entire parcel of which the
proposed development project is a part):
[a]
Date of acquisition;
[b]
The purchase price;
[c]
Present value of the property;
[d]
The amount of real estate taxes;
[e]
The amount of mortgages or liens and other expenses;
[f]
The asking price for the property when it had been
offered for sale;
[g]
The costs of demolishing any existing structures
on the property;
[h]
Cost of erecting a new building(s) for each and
every permitted use in the zoning district (including uses allowed
by special use permit);
[i]
Efforts to market the property; and
[j]
A schedule of all other property in common ownership
at either the date of the enactment of this chapter or thereafter.
[2]
Competent financial evidence must include "dollars and cents
proof" such as appraisals, economic studies, and any other evidence
supporting the applicant's contention that the desired relief is appropriate,
including appraisals relating to any alleged diminution of all or
substantially all of the fair market value of the real property. For
the purposes of § 345-50E(2)(d)[1][j], the term "common
ownership" means all other interests in real property either located
within the Town or contiguous to the Town held by the applicant or
any of the applicants (if more than one), whether such ownership is
of a legal or equitable interest, in whole or in part, contiguous
or not, and whether such property interest is held by any of the applicants
through a legal or equitable interest in a(nother) corporation, partnership,
trust, business, entity, association, fund, joint venture, or individually.
[3]
Unique nature of the property. The applicant must provide evidence
demonstrating the unique nature of the parcel as a whole. The fact
that improvements already existing at the time of the application
are old, obsolete, outmoded or in disrepair or the fact that the property
is then unimproved shall not be deemed to make the plight of the property
unique or to contribute thereto. Exceptional topographic conditions
are an example of a factor demonstrating the unique nature of the
property.
[4]
Alteration of the essential character of the neighborhood. The
applicant must demonstrate that the proposed development project will
not change the essential character of the neighborhood with regard
to physical, economic, social or environmental elements. Adverse impacts
to the essential character of the neighborhood, where such impacts
are deemed significant by the Zoning Board of Appeals, include, but
are not limited to, decreased quality or increased quantity of stormwater
runoff, increased soil erosion, increased traffic congestion, decreased
road quality, increased noise, dust, and/or odor, reduced wildlife
habitat, decreased air quality, decreased water quality, impairment
of the viewshed, creation of solid wastes, negative impacts on sustainability
efforts, increased social costs, increased emergency response times,
negative impacts to public infrastructure, decreased property values,
and negative impacts on the health of area residents.
[5]
Hardship not self-created. In order to show that the hardship
is not self-created, the applicant must demonstrate that either:
[a]
When the property was purchased, the zoning restrictions
from which a use variance is now sought were not in existence or did
not otherwise apply; or
[b]
Some other change has occurred since the applicant's
purchase which makes the use nonconforming, as long as the change
was not caused by the applicant.
(e)
The Zoning Board of Appeals, in the granting of use variances,
shall grant only the minimum variance that it shall deem necessary
and adequate to allow an economically beneficial use of the property,
and at the same time preserve and protect the essential character
of the neighborhood and the health, safety and welfare of the community.
(f)
The Zoning Board of Appeals shall, in the granting of use variances, shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed development project. Such conditions shall be consistent with the spirit and intent of this chapter, and shall be imposed for the purpose of minimizing any adverse impact such use variance may have on the neighborhood or community. Such conditions may include, but are not limited to, landscaping, lighting, access and egress, signs, screening, architectural features, location and layout of buildings, limitations upon the use or characteristics of the use which are reasonably related to the public health, safety and general welfare and as may be necessary to carry out the intent of this chapter. If the applicant refuses to accept such conditions and restrictions, the use variance shall be denied. The Planning Board shall incorporate into the approved site plan any such conditions and restrictions established by the Zoning Board of Appeals under this Subsection E(2)(f) when it conducts site plan review as required by § 345-50E(2)(b).
(g)
In addition to the application requirements from time to time established pursuant to § 345-49 and those requirements set forth above at § 345-50E(2)(d), the following written reports and documents shall be required to be submitted in connection with any appeal or application for a use variance concerning what is otherwise an explicitly prohibited use (as defined in § 345-38). The purpose of these reports in the context of otherwise explicitly prohibited uses is to assist the Zoning Board of Appeals in its determination as to the impact of a proposed development project on the Town and/or the essential character of the neighborhood and/or to determine whether the proposed development project complies with the requirements of this chapter:
[1]
Environmental assessment form. A completed draft of an environmental
assessment form, Part I.
[2]
Description of surrounding uses. The approximate location of all neighboring residential, hamlet, park/recreational, cultural/tourism, and/or agricultural areas, as well as any appropriately designated unique areas, environmentally sensitive lands (as designated in accordance with 6 NYCRR Part 190), and Critical Environmental Areas (as designated in accordance with 6 NYCRR 617.14[g]) within a two-mile radius of the perimeter of the site of the proposed use. For the purposes of this § 345-50E(2)(g), the site of the proposed use shall be referred to as the "project site."
[3]
Traffic impact report. A traffic impact report containing:
[a]
The proposed traffic circulation plan, the projected
number of motor vehicle trips to enter or leave the project site,
estimated for daily and peak-hour traffic levels;
[b]
Existing and proposed daily and peak-hour traffic
levels as road capacity levels on all roads serving the project site;
[c]
A determination of the area of impact of traffic
to and from the project site;
[d]
The proposed traffic routes to the nearest intersection
of the project site with an arterial highway, including gross weights
and heights of vehicles;
[e]
The projected traffic flow pattern, including vehicular
movements at all major intersections likely to be affected by the
proposed development of the project site;
[f]
The impact of project site traffic upon existing
abutting public and private ways in relation to existing road capacities;
[g]
A traffic impact analysis of the effects of the
proposed development of the project site on the transportation network
in the Town using passenger car equivalents;
[h]
Articulation of the effects and impacts of the
proposed development of the project site on traffic based on existing
conditions and projected future background traffic on the state, county,
and Town road system;
[i]
Evaluation of whether the traffic conditions resulting
from the proposed development of the project site are likely to hinder
the passage of police, fire and emergency response vehicles, or degrade
the quality of life, and/or otherwise contribute to hazardous traffic
conditions; and
[j]
Determination of whether there is sufficient road
frontage so that any vehicle leaving the project site may turn into
the lane of traffic moving in the desired direction and be channeled
within such lane before crossing the nearest intersection or proceeding
along the road and any vehicle entering the property may turn out
of the nearest lane of traffic without interfering with other traffic.
[4]
Road impact report. An evaluation of:
[a]
Appropriate roadway geometry including required
road widths, bridge widths, starting and stopping sight distances,
intersection sight distances, horizontal and vertical curves along
the proposed traffic routes in the vicinity of the project site;
[b]
The adequacy of existing pavement structures along
the proposed traffic routes in the vicinity of the project site to
accommodate the full weight load of any trucks likely to be used in
connection with the proposed development project; and
[c]
Impacts to the rural or scenic character of any
roads along the proposed traffic route in the vicinity of the project
site.
[5]
Transportation plan. A description of ingress and egress through
the proposed project site through which equipment and supplies will
be delivered and which will provide access during and after construction,
and identification of any roads, streets, intersections, bridges,
and other facilities along the proposed traffic route leading to the
project site that do not meet New York State Department of Transportation
standards. Such plan shall describe any anticipated improvements to
existing roads, bridges, or other infrastructure, any new road or
access construction, measures which will be taken to avoid damaging
access/traffic routes and measures that will be taken to restore damaged
routes following construction, and measures to maintain the scenic
and/or rural characteristics of such roads.
[6]
Noise impact report. A report on the following topics:
[a]
The existing audible conditions at the project
site to identify a baseline sound presence and preexisting ambient
noise, including seasonal variation;
[b]
A description and map of sound producing features
of the proposed project from any noise-generating equipment and noise-generating
operations that will be conducted in connection with the project site,
including noise impacts from truck traffic traveling within the Town
to and from the project site;
[c]
For the noise generated by construction and use
of the project site, the range of noise levels and the tonal and frequency
characteristics expected, and the basis for the expectation;
[d]
A description and map of the existing land uses
and structures, including any sound receptors (e.g., residences, hospitals,
libraries, schools and places of worship, parks, cultural/tourism
venues, areas with outdoor workers) within one mile of the project
site boundaries. Said description shall include the location of the
structure/land use, distances from the project site and expected decibel
readings for each receptor;
[e]
The report shall cover low frequency, A-weighted,
infrasound, pure tone, and repetitive/impulse noise; and
[f]
The report shall describe the project site's proposed
noise-control features, including specific measures proposed to protect
workers and mitigate noise impacts for sensitive receptors.
[7]
Visual assessment. A visual presentation of how the project
site will relate to and be compatible with the adjacent and neighboring
areas, within a two-mile radius of the perimeter of the project site.
This presentation shall include computerized photographic simulation
showing the project site during construction and fully developed and
demonstrating any visual impacts from strategic vantage points. Color
photographs of the project site from at least two locations accurately
depicting the existing conditions shall be included. The study shall
also indicate the color treatment of any of the improvements that
will be constructed at the project site and any visual screening incorporated
into the project site that is intended to lessen visual impacts. Lighting
impacts shall also be assessed.
[8]
Report of hazardous wastes, natural gas and/or petroleum extraction,
exploration or production wastes and other solid wastes. A report
of:
[a]
A description of hazardous wastes, natural gas
and/or petroleum extraction, exploration or production wastes and
other solid wastes, industrial wastes, and potential for contamination
expected to be produced, stored, injected, discarded, discharged,
disposed, released, or maintained on the project site;
[b]
A description of controls and practices to eliminate
or minimize release of all such wastes into the environment; and
[c]
A plan for ultimate disposal of such wastes, whether
on or off-site.
[9]
Energy use analysis. A written:
[a]
Description of the type(s) of energy to be used
at the project site upon completion of the project improvements;
[b]
Projection of the quantity of energy use over the
projected life of the improvement and the source of that energy;
[c]
Description of the impact of that energy use on
current energy users in the Town; and
[d]
Description of energy savings steps to be taken
in the construction and use of the project site improvements.
[10]
Compatible uses report. A written presentation
of the characteristics of the proposed development project that may
decrease the Town's and/or the neighborhood's suitability for other
uses such as residential, commercial, historical, cultural, tourism,
recreational, environmental or scenic uses.
[11]
Fiscal impact assessment. A written assessment
describing the adverse effects and impacts on Town revenue and costs
necessitated by additional public facility and service costs likely
to be generated by the proposed development project.
[12]
Fire prevention, equipment failure and emergency
response report. A written report containing:
[a]
Description of the potential fire, equipment failures
and emergency scenarios associated the proposed development project
that may require a response from fire, emergency medical services,
police or other emergency responders;
[b]
An analysis of the worst-case disaster associated
with the proposed development project and the impact of such a disaster
upon the health, safety and welfare of the inhabitants of the Town
and their property.
[c]
Designation of the specific agencies that would
respond to potential fires, equipment failures, accidents or other
emergencies;
[d]
Description of all emergency response training
and equipment needed to respond to a fire, accident, equipment failure
or other emergency, including an assessment of the training and equipment
available to local agencies; and
[e]
The approximate or exact location of all fire,
police, and emergency response service facilities within a five-mile
radius of the perimeter of the project site; and a detailed fire control
and pollution prevention and emergency response plan.
[13]
Public facilities and services assessment. A written
assessment describing:
[a]
Whether current Town public facilities and services,
including water supply, fire protection, school services, recreation
facilities, police protection, roads and stormwater facilities, are
adequate for the proposed development project (taking into account
all other uses that have been permitted or are currently operating
in the Town);
[b]
A comparison of the capacity of the public services
and facilities to the maximum projected demand that may result from
the proposed development project (in determining the effect and impact
of the proposed development project on fire, police, and emergency
services, the review shall take into consideration response times,
and the number and location of available apparatus and fire, police
and emergency service stations that are manned by full time professional
service personnel; and where applicable, calculation of response time
shall also include the time it takes volunteer emergency personnel
to get to their stations); and
[c]
A review of the impact of the proposed development
project on the safety of all children going to and from school by
car, bus, bicycle, and walking during and outside of school zone hours
and whether safety measures such as signaled cross walks, elevated
sidewalks, green space buffers for pedestrians/bikes where established
walking/biking route overlap/run along intended truck routes so as
to prevent accidents.
[14]
Property value assessment. A written property
value analysis, prepared by a licensed appraiser in accordance with
industry standards, regarding the potential impact of the development
project on the value of properties adjoining the project site.
[15]
Health impact assessment. A written human health
impact assessment that identifies ways in which the proposed development
project could adversely affect the health of Town residents and a
priority list of recommendations to minimize the potential health
impacts of the proposed development project. The health impact assessment
shall include (i) a risk assessment of possible impact of chemical
exposure on the health of residents, including the Chemical Abstract
Service number of all chemicals proposed to be used or generated at
the development project site; (ii) an assessment of possible health
effects due to industrial operations in non-heavy industrial zoned
areas; (iii) an assessment of possible health effects due to community
changes including the presence of an industrial activity in a previously
non-heavy industrial area, a perceived loss of shared community ideals
and cohesion, declining property values, impacts to the education
system and sudden changes in population numbers, demographics and
customs, and (iv) proposed remedies to address principal findings.
(3)
Area variances.
[Amended 4-26-2012 by L.L. No. 1-2012]
(a)
The Zoning Board of Appeals shall have the power, upon an appeal
from a decision or determination of the Code Enforcement Officer or
other administrative official or body charged with the enforcement
of this Zoning Law, including the Planning Board, after public notice
and hearing and in accordance with the requirements of law and this
chapter, to grant area variances as defined herein.
(b)
In making a determination whether to grant, grant conditionally,
or deny an application for an area variance, the Zoning Board of Appeals
shall take into consideration the benefit to the applicant if the
area variance is granted, and balance this benefit against the detriment
to the health, safety and welfare of the neighborhood or community
by making such grant. In making such determination the board shall
consider each of the following factors:
[1]
Whether an undesirable change will be produced in the character
of the neighborhood or a detriment to nearby properties will be created
by the granting of the area variance;
[2]
Whether the benefit sought by the applicant can be achieved
by some method, feasible for the applicant to pursue, other than an
area variance;
[3]
Whether the requested area variance is substantial;
[4]
Whether the proposed area variance will have an adverse effect
or impact on the physical or environmental conditions in the neighborhood
or district; and
[5]
Whether the alleged difficulty was self-created, which consideration
shall be relevant to the decision of the Board of Zoning Appeals,
but which consideration shall not necessarily preclude the granting
of the area variance.
(c)
The Zoning Board of Appeals, in the granting of area variances,
shall grant the minimum area variance that it shall deem necessary
and adequate and at the same time preserve and protect the character
of the neighborhood and the health, safety and welfare of the community.
(d)
In addition to the application requirements from time to time established pursuant to § 345-49, applications for an area variance shall contain a written narrative explaining what the application is for, and how the development project meets or exceeds all of the criteria for an area variance.
(e)
The Zoning Board of Appeals shall, in the granting of area variances,
have the authority to impose such reasonable conditions and restrictions
as are directly related to and incidental to the proposed use of the
property. Such conditions shall be consistent with the spirit and
intent of this chapter, and shall be imposed for the purpose of minimizing
any adverse impact such area variance may have on the neighborhood
or community. If the applicant refuses to accept such conditions and
restrictions, the area variance shall be denied. If the Zoning Board
of Appeals imposes any such conditions and restrictions as provided
herein, the applicant must apply to the Planning Board for site plan
review and the approved site plan will incorporate any such conditions
and restrictions.
(f)
If an area variance is granted, the applicant is not relieved
of any obligations to obtain site plan review approval from the Planning
Board prior to commencing the use and prior to obtaining a building
permit.
(4)
Permit building in bed of mapped streets. After due notice and hearing,
as provided for in the Consolidated Laws of the State of New York
and in accordance with the provisions set forth therein, the Zoning
Board of Appeals may grant a permit for a building in the bed of a
mapped street or highway shown upon the Official Map or plan of the
Town of Bethel as it may be adopted and from time to time amended.
(5)
Upon appeal from a decision by the Building Inspector to decide any question involving the interpretation of any provision of this chapter and where uncertainty exists as to the boundaries of any zone district, the Zoning Board of Appeals shall, upon written application or upon its own motion, determine the location of such boundaries of such districts as are established in Article II hereof and as are designated on the Zoning Map of the Town of Bethel.
(6)
Authorize temporary uses. The Zoning Board of Appeals may grant,
after due notice and hearing, the temporary occupancy and use of a
structure in any district for a purpose that does not conform with
the district requirements, provided that such occupancy and use is
truly of a temporary nature, subject to any reasonable conditions
and safeguards which the Zoning Board of Appeals may impose to minimize
any injurious effect upon the neighborhood or to protect contiguous
property. The approval of the Zoning Board of Appeals, and any permit
based thereon, for such temporary occupancy and use, shall not be
granted for a period of more than 12 months and shall not be renewable
more than once, and then for a period of not more than 12 months.
F.
Review by the County Department of Planning pursuant to § 239-m
of the General Municipal Law. Where a request for a variance or special
use permit is under consideration, no action may be taken until the
County Department of Planning has had the opportunity to review the
request and render its opinion thereof when the property under consideration
is within 500 feet of:
(1)
A municipal boundary.
(2)
A boundary of any existing or proposed county or state park or other
recreation area.
(3)
A right-of-way of an existing or proposed county or state parkway,
thruway, expressway, road or highway.
(4)
A right-of-way of any stream or drainage channel owned by the county
or for which the county has established channel lines.
(5)
An existing or proposed boundary of any county- or state-owned land
on which a public building or institution is situated.
(6)
A boundary of farm operations located in an agricultural district,
except this subsection shall not apply to the granting of area variances.
