To hear and decide questions where it is alleged there is an error in any order, requirement, decision or determination made by the Zoning Enforcement Officer involving the interpretation of any provision of this chapter.

To decide upon the following questions upon request by an administrative official, board or agency of the town:

That there are special physical conditions, such as the case of an exceptionally irregular, narrow, shallow or steep lot, fully described in the findings of the Board, applying to the land or building for which the variance is sought, which conditions are peculiar to such land or building and do not generally apply to lands or buildings in the vicinity or the neighborhood and have not resulted from any act of the applicant or any predecessor in title;

That, for reasons fully set forth in the findings of the Board, the aforesaid circumstances or conditions are such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of such land or building and the granting of the variance is necessary for the reasonable use of the land or building, and that the variance as granted by the Board is the minimum variance that will permit reasonable use of the land or building. 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 the Board finds the zoning classification of a particular property to be conducive to the deprivation of the reasonable use of the land or building by the owner thereof, and where the Board deems the same condition to apply generally to other land or buildings in the same neighborhood or district, said Board may call this condition to the attention of the Town Board and may recommend to said Board a general amendment of this chapter;

That the granting of the variance under such conditions as the Board may deem necessary or desirable to apply thereto will be in harmony with the general purpose and intent of this chapter, will not represent a substantial departure therefrom, will not be injurious to the neighborhood or to adjacent properties, will not change the character thereof and will not be otherwise detrimental to the public welfare.

By publishing, at least 10 calendar days prior to the date thereof, a legal notice in the official newspaper of the town.

By requiring that the Secretary of the Board of Appeals provide notice, at least 10 calendar days prior to the date thereof, of the substance of every appeal for a variance, together with a notice of the hearing thereon, by mailing such to the owners of all property abutting that of the applicant and all owners of property directly opposite and across any public or private road, or such additional distances as the Board of Appeals may deem advisable, from the boundaries of the land involved in the appeal. Compliance with this notification procedure shall be certified by the Secretary.

By requiring the Secretary of the Board of Appeals to transmit to the Secretary of the Planning Board a copy of any appeal for a variance, together with a copy of the notice of such hearing, at least 30 calendar days prior to the date thereof. The Board of Appeals shall request that the Planning Board submit to the Board of Appeals an advisory opinion prior to the date of such hearing. Upon failure of the Planning Board to submit such report, said Board shall be deemed to have recommended approval of the appeal for variance.

If the land involved in the appeal lies within 500 feet of the boundary of any other municipality, the Secretary of the Board of Appeals shall also submit at least five calendar days prior to the public hearing, to the Municipal Clerk of such other municipality or municipalities, a copy of the notice of the substance of every appeal, together with a copy of the official notice of such public hearing.

A full statement of any appeal that meets the specific referral requirements of §§ 239-l and 239-m of the General Municipal Law shall also be referred prior to the public hearing to the Ulster County Planning Board for its review. No action shall be taken by the Board of Appeals on such appeal until an advisory recommendation has been received from said County Planning Board or 30 calendar days have elapsed since the Planning Board received such full statement.

Such actions shall include those which affect property located within 500 feet of the following:

No action shall be taken by the Board of Appeals on such appeal until an advisory recommendation has been received from said County Planning Board or 30 calendar days have elapsed since the Planning Board received such full statement.