There is hereby established a Zoning Board of Appeals to consist of five members to be appointed by the Town Board, with or without pay, as the Town Board may direct or provide. The Town Board shall also designate the Chairman of such Zoning Board of Appeals. Such Zoning Board of Appeals shall have power to appoint a Secretary to perform clerical and secretarial duties to the Board of Appeals.

Of the members of the Board first appointed, one shall hold office for the term of one year, one for two years, one for three years, one for four and one for five years from and after his appointment. Their successors shall be appointed for the terms of five years and from and after the expiration of the terms of their predecessors in office.

If a vacancy shall occur otherwise than by expiration of terms, 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 Zoning Board of Appeals for cause and after a public hearing.

All meetings of the Zoning Board of Appeals shall be held at the call of the Chairman and at such other times as such Board may determine and shall be open to the public.

The Chairman or, in his absence, the Acting Chairman shall preside at all meetings of the Zoning Board of Appeals and may administer oaths and compel the attendance of witnesses.

Three members of the Board shall constitute a quorum for the transaction of business, and the concurring vote of a majority of the members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Enforcement Officer or to decide in favor of an applicant in any matter upon which it is required to pass under this chapter, except as otherwise specifically provided.

The Zoning Board of Appeals shall hear and decide appeals from and review any order, requirement, decision or determination made by the Zoning Enforcement Officer or any other officer, board or department of the Town. It shall also interpret any provision of this chapter and hear and decide all matters referred to it or upon which it is required to pass under this chapter.

Except where specific power is retained by and invested in the Town Board by this chapter, the Zoning Board of Appeals, after due notice and public hearing, may, in specific cases and subject to appropriate conditions and safeguards, determine and vary the application of the regulations herein established in harmony with their general purposes and intent as follows:

Appeals may be taken to the Zoning Board of Appeals from any order, requirement, decision or determination, decision or determination of the Zoning Enforcement Officer by a person aggrieved or by any officer, department, board or bureau of the Town. Such appeal shall be taken within such time as shall be prescribed by the Zoning Board of Appeals by general rule by filing with the Zoning Enforcement Officer and with the Zoning Board of Appeals a notice of appeal specifying the grounds thereof. The Zoning Enforcement Officer shall forthwith transmit to the Zoning Board of Appeals all of the papers constituting the record upon which the action appealed from was taken. A fee, in an amount to be fixed by resolution of the Town Board from time to time, shall be paid to the Town Clerk at the time of application for an appeal to the Zoning Board of Appeals, and this fee shall be for each appeal made. The signature of the property owner must appear on all applications.

An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Enforcement Officer certifies to the Zoning Board of Appeals, after the notice of appeal shall have been filed with him, 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 Zoning Board of Appeals or by a court of record on application, on notice to the Zoning Enforcement Officer from whose action the appeal is taken and on due cause shown.

The Zoning Board of Appeals may make its decision in the manner provided by law, and any person or persons jointly or severally aggrieved by a decision of the Zoning Board of Appeals may thereafter apply for a certiorari order as provided by law.