Brewster City Zoning Code
ARTICLE VII
Zoning Board of Appeals
§ 263-26 Organization and procedure.
A.
Pursuant to § 7-712 of the Village Law of the State of New York, a Zoning Board of Appeals consisting of five members shall be established by resolution of the Village of Brewster Board of Trustees. After the initial appointments of one, two, three, four and five years, the terms of the members shall be for five years. Any vacancies shall be filled for the unexpired term. The Mayor shall appoint the Board of Appeals and the Chairperson thereof, subject to the approval of the Board of Trustees. The term of the Chairperson shall be one official year, and shall be appointed each year at the organizational meeting of the Board of Trustees. In the absence of a Chairperson, the Zoning Board of Appeals may designate a member to serve as Acting Chairperson.
B.
Secretary. The Board is authorized to employ a secretary or clerk who is not a member of the Board, at a salary to be fixed by the Village of Brewster Board of Trustees.
C.
General grant of power. The Zoning Board of Appeals shall perform all the duties and have all the powers prescribed by the Village Law and herein more particularly provided.
D.
Rules of procedure. The Board shall adopt such rules of procedure not inconsistent with the provisions of the Village Law as it may deem necessary to the proper performance of its duties and the proper exercise of its powers. The existing rules and regulations of the Zoning Board of Appeals heretofore established, insofar as not inconsistent with this chapter, are hereby continued in force and effect until amended or repealed by the Board.
E.
Meetings. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. Meetings shall be at sufficiently frequent intervals, at the discretion of the Board, for the efficient conduct of its business. All meetings shall be open to the public. A quorum shall consist of three members.
F.
Public hearings. Prior to taking action on any matter relating to this chapter, a public hearing shall be held after public notice in the manner provided by law and after such other notice to property owners in an affected area as may be required by the Board as an accommodation. No action shall be taken respecting such matter until all interested parties shall have been given an opportunity to be heard.
G.
Property near municipal boundary. In any matter which relates to a property which lies within 500 feet of the boundary of another municipality, the Secretary of the Zoning Board of Appeals shall give notice of the public hearing thereon by mail or electronic transmission to the Clerk of the adjacent municipality at least 10 days prior to any such hearing.
H.
Procedures on all appeals, petitions, stays on appeals, public hearings, decisions and other matters before the Board shall be governed by the provisions of Village Law § 7-712 and by the officially adopted rules of procedure of the Board. Matters relating to review by certiorari shall be governed by Article 78 of the Civil Practice Law and Rules. The Chairman or, in the event of his absence from the state or his physical disability, the Vice Chairman and the Secretary shall sign all orders or instructions to the Village Code Enforcement Officer and recommendations to the Mayor and the Village of Brewster Board of Trustees pertaining to matters relating to this chapter.
I.
Minutes and records. The Secretary shall keep minutes of the Board's proceedings showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact. The Secretary shall keep records of the Board's examinations and official actions, all of which shall be immediately filed in the office of the Board and shall be a public record. A record of all variances and uses granted pursuant to action of the Board under this chapter shall be maintained by the Village of Brewster, and shall be available for public inspection.
§ 263-27 Appeals on interpretation of chapter and map; variances.
A.
The Zoning Board of Appeals is hereby authorized, upon an appeal, to hear and decide:
(1)
Any matter where an appellant alleges that the Village Code Enforcement Officer was in error in refusing to issue a building permit or certificate of occupancy as a result of misinterpreting the meaning, intent or application of any section or part of this chapter.
(2)
Any matter where an appellant alleges that the Village Code Enforcement Officer was in error in his determination as to the exact location of a district boundary line on the Zoning Map which forms a part of this chapter.
(3)
Any other matter relating to this chapter where an appellant seeks a review of any decision, order, requirement, determination or interpretation made by the Village Code Enforcement Officer.
(4)
Any matter which the Village Code Enforcement Officer appeals on the grounds of doubt as to the meaning or intent of any provision of this chapter or as to the location of a district boundary line on the Zoning Map.
B.
The Zoning Board of Appeals is hereby authorized to grant area and use variances in accordance with the provisions of § 7-712-b of Village Law. No such variance shall be issued if any condition exists on the subject property which is in violation of the Village Code or the New York State Uniform Fire Prevention and Building Code, which are not the subject of the variance, or if any outstanding balance is owed to the Village for professional consultant review fees relating to the subject property.