After filing of the notice of appeal with the Chairman, the Board shall schedule a hearing thereon within 60 days of such filing. Hearings will be held at the regular meeting of the Board.
The Board shall give notice of hearing in accordance with the provisions of the applicable law of the State of New York, as amended. The notice of hearing shall state the location of the building or lot or property involved, the name of the appellant, the general nature of the question involved, the date, time and place of the hearing and the nature of the relief sought.
Upon motion initiated by any member and adopted by unanimous vote of the members present, but not less than a majority of all the members, the Board shall review at a rehearing any order, decision or determination of the Board not previously reviewed. Notice shall be given as upon an original hearing. Upon such rehearing, and provided that it shall appear that no vested rights due to reliance on the original order, decision or determination will be prejudiced thereby, the Board may, upon the concurrence of all the members present, reverse, modify or annul its original order, decision or determination.
An application for a rehearing may be made in the same manner as that provided for the original appeal. The application for a rehearing may be denied by the Board if from the record it shall appear that there has been no substantial change in facts, evidence or conditions.
Prior to taking action on any matter which would cause any change in the regulations or use of land or buildings on real property as specified in § 239-m of the General Municipal Law, the Board shall make referrals to the Orange County Planning Agency. If such Planning Agency disapproves the proposal or recommends modification thereof, the Board shall not act contrary to such disapproval or recommendation except by a vote of a majority plus one of all the members of the Board and after the adoption of a resolution fully setting forth the reasons for such contrary action. The Chairman shall read the report of the County Planning Agency at the public hearing on the matter under review.
If such Planning Agency fails to report within the period of 30 days or such longer period as may have been agreed upon by it and the referring agency, the Board may act without such report.