The Board of Appeals heretofore established pursuant to the provisions of Town Law shall continue as the Board of Appeals for the Town of Carmel with all the powers prescribed by law and as herein described.

The Board of Appeals shall consist of seven members, appointed by the Town Board.

The Town Board shall designate a member of the Zoning Board to act as Chairman thereof as well as Vice Chairman thereof. Upon failure to do so, the Zoning Board shall elect a Chairman from its own members, who shall serve until such appointment by the Town Board.

Each member shall be appointed for a term of five years.

If a vacancy shall occur otherwise than by expiration of term, it shall be filled by the Town Board by appointment for the unexpired term.

The Town Board shall have the power to remove any member of the Board of Appeals for cause and after public hearing.

All meetings of the Board of Appeals shall be held at the call of the Chairman and at such other times as such Board may determine. Such Chairman or, in his absence, the Acting Chairman may administer oaths and compel the attendance of witnesses. All meetings of such Board shall be open to the public.

Such Board shall keep minutes of its proceedings, showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact and shall also keep records of its field examination of properties under consideration by the Board and other official actions. Every rule, regulation, every amendment or repeal thereof and every order, requirement, decision or determination of the Board shall be filed in the office of the Town Clerk and shall be a public record.

The Board of Appeals shall hear and decide appeals from and review any order, requirement, decision or determination made by an administrative official charged with the enforcement of this chapter and any ordinance adopted pursuant to this chapter. An appeal may be taken by any person aggrieved or by any officer, department, board or bureau of the Town.

The Board of Appeals shall have the authority to decide any questions involving the interpretation of any provisions of this chapter.

The Board of Appeals shall have the authority to decide the exact location of any district boundary shown on the Town of Carmel Zoning Map.

Where the strict application of any of the requirements of this chapter in the case of an exceptionally irregular, narrow, shallow or steep lot or other exceptional physical conditions would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved, but in no other case, the Board of Appeals shall have the power, upon appeal, to vary or adjust the strict application of the regulations or provisions of this chapter. In all cases where the Board of Appeals authorizes the issuance of a building permit or occupancy permit under any of the above powers, it shall be the duty of said Board to attach such conditions and safeguards as may be required to protect the public health, safety, morals and general welfare.

Appeal procedure. All appeals and applications to the Board of Appeals shall be taken in the manner prescribed by law and must be made within 30 days of the date of the order, requirement, decision or determination complained of. All such appeals and applications shall be in writing, on forms prescribed by the Board. Each appeal or application shall fully set forth the circumstances of the case. Each appeal or application shall refer to the specific provision of this chapter involved and shall exactly set forth, as the case may be, the interpretation that is claimed, the details of the adjustment that is applied for and the grounds for which it is claimed that the same should be granted or the use for which a permit is sought. The officer from whom the appeal is taken shall transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

Notice and hearing. The Board of Appeals shall fix a reasonable time for the hearing of the 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. In addition, the Board shall, at least seven days before such hearing, mail notices thereof to all owners of property which lie within 500 feet of the subject site and to other such owners as the Board may deem advisable. The Board shall decide the same within 60 days after the hearing. During the hearing, any party may appear in person, by agent or by attorney.

Action by Board of Appeals. The Board of Appeals may reverse, affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises and to that end shall have all the powers of the officer from whom the appeal is taken. Every decision of the Board of Appeals shall be recorded in accordance with standard forms adopted by the Town and shall fully set forth the circumstances of the case and the findings on which the decision was based. Timely notice of all decisions shall be given to all parties to the proceeding.

Appeal to Supreme Court from decision of Board; time limit for such appeal. Any person or persons, jointly or severally, aggrieved by any decision of the Board of Appeals or any officer, department, board or bureau of the Town may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules. Such proceeding shall be instituted within 30 days after the filing of a decision in the office of the Town Clerk.