Upon appeal from a decision by the Zoning Inspector,
the Board of Appeals shall decide any question involving interpretation
of any provision of this chapter, including determination of the exact
location of any district boundary if there is uncertainty with respect
thereto.
[Added 11-13-2001 by L.L. No. 5-2001[1]]
A.
In accordance with § 267 of the Town Law
of the State of New York, the Board of Appeals shall consist of five
members. The chairperson of the Board of Appeals shall be designated
by the Town Board. In the absence of a chairperson, the Board of Appeals
may designate a member to serve as acting chairperson. The Town Board
may provide for compensation to be paid to experts, clerks and a secretary
and provide for such other expenses as may be necessary and proper,
not exceeding the appropriation made by the Town Board for such purpose.
The Town Board may require members of the Board of Appeals to complete
training and continuing education courses in order to fulfill their
duties as members of the Board of Appeals.
B.
The terms of the membership of the Board of Appeals
shall be as set forth in § 267 of the Town Law and any amendment
thereto.
C.
The Town Board may appoint alternate members of the
Board of Appeals for the purpose of substituting for members in the
event such members are unable to participate due to absence or a conflict
of interest. The term of the appointment of said alternate members
shall be established through resolution of the Town Board. The Town
Board may also require said alternate members to complete training
and continuing education courses in order to fulfill their duties
as members of the Board of Appeals.
D.
The Board of Appeals shall have such authority, powers
and duties as specified in Article 16 of the Town Law and as may be
amended, as well as the authority, powers and duties specified in
the Moreau Town Code.
A.
An appeal to the Board of Appeals from any ruling
of any administrative officer administering any portion of this chapter
may be taken by any person aggrieved or by an officer, board or bureau
of the Town affected thereby. Such appeal shall be taken by filing
with the officer from whose action the appeal is taken and with the
Board of Appeals, by filing with the Secretary thereof, a notice of
appeal specifying the grounds therefor.
B.
All applications and appeals made to the Board of
Appeals shall be in writing on forms furnished by the Zoning Inspector.
Every application or appeal shall refer to the specific provision
of this chapter and shall exactly set forth the interpretation that
is claimed, the plans for a special permit or the details of the variance
that is applied for, in addition to the following information:
(1)
The name and address of the applicant/appellant.
(2)
The name and address of the owner of the lot to be
affected by such proposed change or appeal.
(3)
A brief description and location of the lot to be
affected by such proposed change or appeal.
(4)
A statement of the present zoning classification of
the lot in question, the improvements thereon and the present use
thereof.
(5)
A reasonably accurate description of the present improvement
and the additions or changes intended to be made under this application
indicating the size of such proposed improvements, material and general
construction thereof.
(6)
In addition, a plot plan of the real property to be
affected indicating the location and size of the lot and size of improvements
thereon and proposed to be erected thereon and all yard dimensions
and identification of adjacent property owners.
A.
The notice of appeal in any case where a permit has
been granted or denied by the Zoning Inspector shall be filed within
such time as shall be prescribed by the Board of Appeals under general
rule after notice of such action granting or denying the permit has
been mailed to the applicant. The Zoning Inspector shall forthwith
transmit to the Board of Appeals all papers constituting the record
upon which the action appealed from was taken, or, in lieu thereof,
certified copies of said papers.
B.
It shall be permissible for the Zoning Inspector to
recommend to the Board of Appeals a modification or reversal of his
action in cases where he believes substantial justice requires the
same, but where he has not himself sufficient authority to grant the
relief sought.
The Board of Appeals shall decide each appeal
within 60 days. Upon the hearing, any party may appear in person or
be represented by an agent or attorney. The Board of Appeals decision
shall be immediately filed in its office and be a public record. In
the exercise of its functions upon such appeals or upon exceptions,
the Board of Appeals may, in conformity with the provisions of this
chapter, reverse or affirm, wholly or partly, or modify the order,
requirement, decision or determination appealed from or may make such
order, requirement, decision or determination in accordance with the
provision hereof.
Unless otherwise specified by the Board of Appeals,
a decision on any appeal or request for a variance shall expire if
the applicant fails to obtain any necessary building permit or comply
with the conditions of said authorized permit within six months from
the date of authorization thereof.
An appeal shall stay all proceedings in furtherance
of the action appealed from unless the Zoning Inspector certifies
for the Board of Appeals, after the notice of appeal shall have been
filed, that, by reason of facts stated in the certificate, a stay
would, in his opinion, cause imminent peril to life or property, in
which case proceedings shall not be stayed otherwise than by a restraining
order which may be granted by the Board of Appeals or by the Supreme
Court, on application, on notice to the Zoning Inspector and on due
cause shown.
All decisions of the Board of Appeals are subject
to court review in accordance with applicable laws of the State of
New York.
The Board of Appeals shall fix a reasonable
time for the hearing of an appeal or other matter referred to it and
give public notice thereof by the publication in the official paper
of a notice of such hearing at least five days prior to the date thereof
and shall, at least five days before such hearing, mail notices thereof
to the following officials, persons and owners of properties involved
and in accordance with the requirements of § 267 of Article
16, Chapter 62 of the Consolidated Laws of the State of New York:
A.
When appealing action of the Zoning Inspector. In
case of an appeal alleging error or misrepresentation in any order
or other action by the Zoning Inspector, the following persons shall
be notified: the Inspector, the appellant and the person or persons,
if any, who benefit from the order, requirement, regulation or determination.
B.
When appealing for variance or special permit uses.
In case of an appeal for a variance or in case of an application for
a special permit as provided for in this chapter, the following persons
shall be notified: all owners of property within 500 feet of the nearest
line of the property for which the variance or special permit is sought
and such other property owners as the Chairman of the Board of Appeals
may direct.
Upon the day for hearing any application or
appeal, the Board of Appeals may adjourn the hearing for a reasonable
period for the purpose of causing such further notice as it deems
proper to be served upon such other property owners as it decides
may be interested in said application or appeal.
Whenever the Board, after hearing all the evidence
presented upon an application or appeal under the provisions of this
chapter, denies the same, the Board of Appeals shall refuse to hold
further hearings on said or substantially similar application or appeal
by the same applicant, his successor or assign for a period of one
year, except and unless the Board of Appeals shall find and determine
from the information supplied by the request for a rehearing that
changed conditions have occurred relating to the promotion of the
public health, safety, convenience, comfort, prosperity and general
welfare and that a reconsideration is justified. Such rehearing would
be allowable only upon a motion initiated by a member of the Board
of Appeals and adopted by the unanimous vote of the members present.
