Establishment. The Zoning Board of Appeals is established, which shall consist of five members appointed by the Town Board. The Town Board shall appoint one member Chairperson.

Terms. Members of the Zoning Board of Appeals in office when this code takes effect shall continue to serve for the balance of the terms for which they were originally appointed. Succeeding appointees shall be appointed for a term of five years. Appointment to fill vacancies shall be made by the Town Board for the unexpired term of the member or members whose term or terms become vacant.

Alternate member. An alternate member of the Zoning Board of Appeals could be appointed by the Town Board for a term of five years. "Alternate member" means an individual who serves on the Zoning Board of Appeals when a regular member is unable to participate on an application or matter before the respective Board, as provided herein. The Chairperson of the Zoning Board of Appeals may designate the alternate to substitute for a member when such member is unable to participate on the application or matter before the Board. When so designated, the alternate member shall possess all the powers and responsibilities of such member of the Zoning Board of Appeals. Such designation shall be entered into the minutes of each Zoning Board of Appeals meeting at which the substitution is made. All provisions of state law relating to Zoning Board of Appeals member eligibility, vacancy in office, removal, compatibility of office and service on other boards, as well as any provisions of a local law relating to training, continuing education, compensation and attendance, shall also apply to alternate members.

Powers and duties. The Zoning Board of Appeals shall perform all duties and have all powers granted by this code.

Training. Subject to the authorization of funding by the Town Board, members of the Zoning Board of Appeals shall attend training courses of no less than four hours per calendar year.[1]

Quorum. A majority of the members of the Zoning Board of Appeals shall constitute a quorum. The concurring vote of the majority of the members of the Board shall be necessary to reverse any order, decision, or determination of a Code Enforcement Officer to decide in favor of any appellant in any matter upon which it is required to pass under the terms of this code or to effect any variance of this code.

Meeting schedule. All meetings of the Zoning Board of Appeals shall be held at the call of the Chairperson and at such other times as such Board may determine. All meetings of such Board shall be open to the public, except for executive sessions held in accordance with the New York Public Officers Law.[1]

Recording Secretary. The Town Board shall appoint a Recording Secretary for the Zoning Board of Appeals who shall keep minutes of its proceedings, showing the vote of each member upon every question or, if absent or failing to vote, indicate such fact. The Zoning Board of Appeals shall also keep records of the examination and other official actions.

Oaths. The Chairperson or, in his absence, the Temporary Chairperson may administer oaths and compel the attendance of witnesses.

Applications. Applications, including any required SEQRA[2] forms shall be submitted to a Code Enforcement Officer on forms provided by the Town. Requests for area variances shall include sketch plans showing existing and proposed setbacks. The Board may adjourn any hearing where it determines an application is not complete or additional information is needed. When the Board determines an application is not complete, the public hearing shall remain open and the time in which the Zoning Board of Appeals must issue a decision shall not begin to run until such application is complete and the hearing closed.

Public hearing on appeal. The Board of Appeals shall fix a reasonable time for the public hearing of the appeal, variance, or other matter referred to it and give public notice of such hearing by publication in a paper of general circulation in the Town at least five days prior to the date thereof. The cost of sending or publishing any notices relating to such appeal, or a reasonable fee relating thereto, shall be borne by the appealing party and shall be paid prior to the hearing of such appeal. Upon the hearing, any party may appear in person, or by agent or attorney.

Referral to County Planning Board. A copy of the complete variance application and supporting documents shall also be transmitted to the County Planning Board for review when required either under Article 12-B, §§ 239-l and 239-m of the General Municipal Law, or § 283-a of the New York State Town Law.

Time of decision. The Board of Appeals, providing SEQRA[3] has been complied with, shall decide upon the appeal or variance within 62 days after the conduct of said hearing. The time within which the Board of Appeals must render its decision may be extended by mutual consent of the applicant and the Board.

Filing of decision and notice. The decision of the Board of Appeals on the appeal or variance shall be filed in the office of the Town Clerk within five business days after the day such decision is rendered, and a copy thereof mailed to the applicant. A Code Enforcement Officer shall, upon receipt of the notice of approval and upon application by the applicant, issue the appropriate zoning permit or such other approval permitted by the variance, subject to all conditions imposed by the Zoning Board of Appeals.

Rehearings. Whenever the Zoning Board of Appeals, after hearing all the evidence presented upon an application for appeals under the provisions of this code, denies or rejects same, said Board shall refuse to hold further hearings on the same or substantially similar application for appeal by the same applicant, their successors or assigns, for a period of one year, except and unless the Board shall find and determine from the information supplied in the request for a rehearing that changed conditions have occurred relating to the promotion of public health, safety, convenience, comfort, prosperity and general welfare and that a reconsideration is justified. Such rehearing may be granted only upon the favorable vote of a majority of the Board plus one.

Lapse of authorization. Any variance or modification of this code authorized by the Board of Appeals shall be automatically revoked unless a zoning permit or building permit, conforming to all the conditions and requirements established by the Board of Appeals, is obtained within six months of the date of approval by the Board of Appeals and construction commenced within one year of such date of approval, but where multiple approvals (other than building permits) are required, the time period of six months/one year shall not begin to run until the date upon which all required approvals are granted.

Refund. Whenever the Board of Appeals issues an interpretation overturning the decision of a Code Enforcement Officer, or determines that a requested variance is not needed, the applicant shall receive a refund of any fees paid in connection with the application. Said refund shall be processed in accordance with the normal procedure for claims against the Town and the auditing of said claims.

Upon appeal from a decision by a Code Enforcement Officer, the Zoning Board of Appeals shall decide any question involving interpretation of any provisions of this chapter. Such appeal shall be initiated within 60 calendar days of the adverse decision.

Such appeal may be taken by any person aggrieved or by an officer, department, board or bureau of the Town.

The officer from whom the appeal is taken shall, within 30 days of the filing of the appeal, transmit all papers constituting the record upon which the appeal is taken to the Board of Appeals.

An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the 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 Board of Appeals or by a court of record, on application, on notice to the officer from whom the appeal is taken and on due cause shown.

If the Board of Appeals determines that a public hearing is necessary, the Board of Appeals shall fix a time for the hearing of the appeal and give due notice thereof to the parties, and decide the same within a reasonable length of time thereafter. At the time of the hearing, any party may appear in person, by agent or by attorney.

Use variance. The Zoning Board of Appeals may grant a use variance, based upon unnecessary hardship, where the applicant has established all of the following factors:

Area variance. Area variance may be considered where setback, frontage, lot size, density or yard requirements of this chapter cannot be reasonably met. The Zoning Board of Appeals may grant an area variance, on the ground of practical difficulty upon a consideration of the following factors:

The Zoning Board of Appeals may attach such conditions as it deems appropriate to variance approvals as it deems necessary to minimize the impact of the variance.