The Town Board shall appoint a Board of Appeals pursuant to § 267 of the Town Law. Said Board shall consist of five members, to serve for overlapping five-year terms. The Chairman of the Board shall be one of the five members and shall be designated as such by the Town Board. Vacancies shall be filled in like manner; provided, however, that an unexpired term shall be filled for such unexpired term only. The Board shall elect a Vice Chairman from its membership, shall appoint a Secretary and shall establish rules for the conduct of its officers.

The Board of Appeals shall have the power to make, adopt and promulgate such written rules of procedure, bylaws and forms as may be provided for in § 267 of the Town Law for the proper execution of its duties and to secure the intent of this chapter. Such rules, bylaws and forms shall not be in conflict with or have the effect of waiving any provisions of this chapter or any other ordinances of the Town of Oneonta. Such rules, bylaws and forms and any subsequent amendments or supplements thereto shall be submitted to the Town Board by the Board of Appeals for approval and filing for public view. The Town Board shall move to approve, reject or modify such rules, bylaws and forms within 60 days after submission. Failure of the Town Board to so move shall be construed to constitute approval thereof.

The Board of Appeals shall have the duties, rights, powers and functions conferred upon it by § 267 of the Town Law and any other provisions of law applicable thereto, including §§ 103-85 and 103-86.

The Board of Appeals shall act in strict accordance with the procedure specified by law. All appeals and applications made to the Board shall be in writing, on forms prescribed by the Board. Every appeal or application shall refer to the specific provision of the law involved and shall exactly set forth the interpretation that is claimed, the use for which the special permit is sought or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be. Each application for an area or use variance or special extension shall be accompanied by a proposed site plan at an appropriate scale showing the size and placement of the lot, surrounding land use, design and location of proposed buildings, driveways, parking areas, landscaping and screening, proposed drainage and utility systems and existing and proposed contours of the land.

Every decision of the Board of Appeals shall be by resolution, each of which shall contain a full record of the findings of the Board in the particular case. Each such resolution, together with all documents pertaining thereto, shall be filed in the office of the Town Clerk by case number under one of the following headings: "Interpretations," "Variance" or "Special Extension."

Prior to making a final decision on a specific variance or special extension, the Board of Appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to and give public notice of such hearing at least 10 days prior to the date hereof. At least 10 days before such hearing, the applicant shall serve the notice of such hearing and an explanation of the variance or special extension sought to all property owners within 200 feet of the subject property either by certified mail, return receipt requested, or by personal delivery evidenced by a receipt signed by such property owner. Such notices shall be sent to the last known address as shown by the most recent town tax records. A decision on the application shall be made no later than at the second regular meeting of the Zoning Board of Appeals after acceptance by the Board of the application or appeal to be considered or within 75 days of the receipt of the application by the town, whichever is sooner, unless extended by mutual decision of the applicant and Board or unless any delay is requested by the applicant. The Board's failure to comply with either of the above two deadlines shall constitute approval of the application or appeal. Upon the hearing, any party may appeal in person or by agent or by attorney. The Board of Appeals may reverse or 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.

The Board of Appeals shall notify the Town Board, Enforcement Officer and Planning Board of each special extension and interpretation and each variance granted under the provisions of this chapter.

Any person or persons, jointly or severally aggrieved by any decision of the Planning Board concerning such plat or the changing of the zoning regulations of such land or any officer, department, board or bureau of the Town may have the decision reviewed by a Special Term of the Supreme Court in the manner provided by Article 78 of the Civil Practice Law and Rules, provided that the proceeding is commenced within 30 days after the filing of the decision in the office of the Board. Commencement of the proceeding shall stay proceedings upon the decision appealed from.

Any applicant to whom a variance is granted pursuant to this Article shall have six months from the date of the decision issuing the variance to utilize the variance granted. In the event that the variance is not utilized by the applicant within said six-month period, the variance shall lapse and be deemed null and void. For purposes of this subsection, "utilized" shall mean to commence the project or undertaking for which the variance application was made as shown on the application submitted to the Board of Appeals.