Bethel Town City Zoning Code
ARTICLE VII
Zoning Board of Appeals
§ 345-48 Establishment; membership.
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.
(2)
To be eligible for reappointment to the Zoning Board of Appeals, such member shall have completed the training promoted by the Town pursuant to Subsection D(1).
(3)
The training required by this Subsection D may be waived or modified by resolution of the Town Board when, in the judgment of the Town Board, it is in the best interest of the Town to do so.
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.
§ 345-49 Rules and procedures.
The Zoning Board of Appeals, consistent with the provisions of Town Law applicable thereto, shall determine its own rules of conduct and procedure.
§ 345-50 Powers and duties.
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:
[i]
Pose a threat to the public safety, including public health, water quality or air quality;
[ii]
Cause an extraordinary public expense; or
[iii]
Create a nuisance.
[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.