Two alternate members for the Planning Board and two alternate members for the Zoning Board of Appeals shall be appointed by the Town Board of the Town of New Windsor for a term of five years.

The Chairperson of the Planning Board/Zoning Board of Appeals may designate an alternate member to substitute for a member when such member is unable to participate on an application or matter before the Board. When so designated, the alternate member shall possess all the powers and responsibilities of such member of the Board. Such designation shall be entered into the minutes of the initial Planning Board/Zoning Board of Appeals meeting at which the substitution is made.

All provisions of state law relating to Planning Board/Zoning Board of Appeals member eligibility, vacancy in 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.

Determination of the meaning of any portion of the text of this chapter or of any condition or requirement specified or made under the provisions of this chapter.

Determination of the exact location of any district boundary shown on the Zoning Map.

The needs or desires of a particular owner or tenant or of a particular prospective owner or tenant shall not, either alone or in conjunction with other factors, afford any basis for the granting of a variance. The fact that the 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.

Where said Board finds the zoning classification of a particular property to be conducive to the deprivation of the reasonable use of the land or buildings and where said Board finds the same condition to apply generally to other lands or buildings in the same neighborhood or zoning district, said Board shall call this condition to the attention of the Planning Board and Town Board.

In all cases where the Zoning Board of Appeals grants a variance from the strict application of the requirements of this chapter, it shall be the duty of such Board to attach such conditions and safeguards as may be required so that the result of its action may be as nearly as possible in accordance with the spirit and intent of this chapter.

To authorize, upon denial by the Code Enforcement Officer of a certificate of occupancy, the issuance of a temporary certificate of occupancy by the Code Enforcement Officer for a period not to exceed 90 days, for the completion of any alterations that are required under the provision of any law or ordinance or for the completion of a part of an uncompleted building, provided that the Board finds that:

Such temporary certificate shall not be construed as in any way altering the respective rights, duties or obligations of the owner or of the Town respective to the use or occupancy of the land or building or any other matter covered by this chapter.

All applicants shall obtain a certified list of names and addresses of property owners which lie within 500 feet of any lot line of the property for which relief is sought that are required by this chapter or Chapter 257, Subdivision of Land, to be notified of a specific action.

The applicant shall pay to the Town of New Windsor the appropriate fee for obtaining the aforesaid list of names and addresses from the Assessor.

The applicant shall prepare the legal notice to be mailed to the property owners and shall present the legal notice to the proper Clerk of the Board for approval prior to mailing in accordance with the procedures set forth above.

The applicant shall place the name and address on an appropriate-size mailing envelope, said address to be in the same form as on the Assessor's records. In the event that two or more parcels have identical ownership, only one notice shall be required to be mailed.

The applicant shall place the legal notice in the envelope and affix the proper postage for first-class mail on the envelope and seal the same.

The sealed, addressed, stamped envelopes shall be brought to the Town Hall and delivered to the appropriate Clerk that is responsible for the specific board requiring the notice.

The Clerk shall verify the names and addresses and compare the same to the certified mailing list supplied by the Assessor and shall thereafter deposit said envelopes in a United States postal depository within the Town of New Windsor. The Clerk shall execute an affidavit of mailing setting forth that said Clerk has compared all the envelopes addressed to the certified list supplied by the Assessor and also finds that the appropriate number of envelopes have been prepared. The affidavit shall also set forth that the Clerk has personally deposited the envelopes in a United States postal depository within the Town of New Windsor and set forth the date upon which said deposit was made.

In the event that the property in question is located within 500 feet of cooperative residential or commercial site ("co-op") or residential or commercial condominium site, the applicant shall notify the board of managers of said condominium or the board of directors of the co-op site, whichever applies, rather than mailing notices to all individual owners of said co-op or condominium units, and this procedure shall be deemed sufficient notice to all property owners within the co-op or condominium site.

Provided that due notice shall have been published and that there shall have been substantial compliance with the remaining provisions of this section, the failure to give notice in exact conformance herewith shall not be deemed to invalidate action taken by the Zoning Board of Appeals in connection with the granting of any appeal or variance.

Any change in the boundaries of any district, which change would occur within a distance of 500 feet of the boundary of any village or town, shall be submitted to the Village or Town Clerk.

If the land involved in an appeal lies within 500 feet of any of the following areas, such application, accompanied by the notice of the public hearing, shall be forwarded to the Orange County Planning Department for review in accordance with the provisions of Article 12-B, §§ 239-1 and 239-m, of the General Municipal Law of the State of New York, at least 10 days prior to the public hearing:

Every decision of the Zoning Board of Appeals shall be recorded in accordance with standard forms adopted by the Board, shall fully set forth the circumstances of the case and shall contain a full record of the findings on which the decision is based. Every decision of said Board shall be by resolution, and each such resolution shall be filed in the office of the Town Clerk by case number under one of the following headings, together with all documents pertaining thereto:

Regarding its decision in each case, the Zoning Board of Appeals shall notify the Town of New Windsor Code Enforcement Officer, Town Board, Town Planning Board and any designated official of any affected municipality or agency given notice of hearing as set forth in Subsection D.