Thomaston City Zoning Code
ARTICLE XVII
Board of Appeals
§ 203-137 Appointment; composition; term; expenses.
[Amended 8-10-1992 by L.L. No. 5-1992]
A.
Subdivisions 2, 4 and 5 of § 7-712 of the New York State Village Law are hereby repealed and superseded in their application to the Village of Thomaston.
B.
A Board of Appeals, consisting of five members, shall be appointed by the Board of Trustees. Each member of the Board of Appeals shall have a term of five official years. The Board of Trustees shall designate one member of the Board of Appeals as the Chairperson of the Board of Appeals, for a term coterminous with the term of such member. In the absence of the Chairperson, the Board of Appeals may designate a member to serve as Acting Chairperson. Subject to the approval of the Board of Trustees, the Mayor may appoint counsel, clerks and/or a secretary for the Board of Appeals; the compensation and terms of employment of such persons shall be established by resolution of the Board of Trustees. Within the appropriations made by the Board of Trustees therefor, the Board of Appeals may retain the services of experts and may provide for such other expenses as may be necessary and proper.
[Amended 9-14-2020 by L.L. No. 1-2020]
C.
The members of the Board of Appeals in office on the effective date of this section shall continue in office to the expiration of the terms for which they were appointed. Upon the expiration of any term of office, the Board of Trustees may appoint a successor, who shall have a term of office of five official years.
D.
Alternate members.
[Added 1-30-2001 by L.L. No. 1-2001]
(1)
Pursuant to the Municipal Home Rule Law, Village Law § 7-712(11) is hereby repealed and superseded in its application to the Village of Thomaston.
(2)
Subject to the approval of the Board of Trustees, the Mayor may appoint not more than three alternate members of the Board of Appeals, to serve in order of seniority in place of any members or senior alternate members of the Board of Appeals who are unable for any reason to attend any particular meeting of the Board. The alternate members of the Board shall have all of the powers and duties of regular members at such times as the alternate members are serving. Such alternate members shall be appointed for terms of one official year each.
§ 203-138 Jurisdiction; procedures.
[Added 8-10-1992 by L.L. No. 5-1992]
A.
Subdivisions 2, 3, 5 and 10 of § 7-712-a of the New York State Village Law are hereby repealed and superseded in their application to the Village of Thomaston.
B.
In addition to any other powers provided by law, the Board of Appeals shall have power to make rules for its procedures, not inconsistent with the provisions of this chapter or any general state law.
C.
Every rule, regulation, order, decision or determination of the Board of Appeals shall be filed promptly in the office of the Village Clerk. Where such rule, regulation, order, decision or determination results from an application to the Board, a copy thereof shall be mailed promptly to the applicant.
D.
The Board of Appeals shall hear and determine appeals from and review any order, requirement, determination or decision of an administrative officer charged with the enforcement of this chapter and arising out of the enforcement of this chapter. Such an appeal may be taken by any person aggrieved or by an officer, board or department of the village. The Board of Appeals shall also hear and determine all matters referred to it and as to which it shall have jurisdiction as provided by law. The concurring vote of a majority of the members of the entire Board of Appeals shall be necessary to make any determination.
E.
An appeal to the Board of Appeals shall be taken within 60 days after the filing of the order, requirement, decision or determination sought to be reviewed. Such appeal shall be taken by filing such appeal papers as may be required by rule or order of the Board of Appeals, and a copy of such papers shall be filed with the administrative official from whose order, requirement, decision or determination such appeal is taken.
F.
The cost of serving or publishing any required notices relating to an appeal or other application to the Board of Appeals shall be borne by the appealing or applying party and shall be paid to the Board of Appeals prior to the commencement of any hearing on the application.
G.
At least five days before the public hearing on any application, written notice of such hearing shall be sent to the Nassau County Planning Commission and to the regional state park commission having jurisdiction of any state park or parkway within 500 feet of the property which is the subject of such appeal.
§ 203-139 Powers and duties with respect to variances, interpretation of provisions and special uses.
A.
The Board of Appeals may, in appropriate cases, after public notice and hearing and subject to appropriate conditions and safeguards and in harmony with the general purpose and intent of this chapter, in addition to the powers and duties set forth in the Village Law of the State of New York and such powers as are heretofore in this chapter given to said Board:
(1)
Vary the application of the regulations herein established and establish appropriate requirements for irregular lots or lots of less than the required area, in any district, existing at the effective date of this chapter.
(2)
Vary the application of the regulations herein established and modify the requirements hereof in cases of exceptional topography, under such conditions as will safeguard the neighborhood.
(3)
Determine and establish the true location of district boundaries in any disputed case.
(5)
Permit any building, lot or premises in any district to be used for public utility purposes, provided that the Board of Appeals determines that such use is reasonably necessary for the health, safety or comfort of or conduct of business by residents of the village and will not unreasonably depreciate or impair the value of other buildings, lots and premises in the neighboring territory in the village and that such use will not present health, safety, traffic, nuisance or policing hazards, factors or problems which may not be adequately controlled.
(6)
Vary side and rear yard restrictions in the R-7 District as provided in Article VI, § 203-37B and C, hereof and the side yard restrictions for two two-family dwellings divided by a vertical party wall in apartment districts, but in the case of such two two-family dwellings, neither side yard shall be varied to less than eight feet.
[Amended 8-8-1988 by L.L. No. 4-1988]
(7)
Vary side yard restrictions for buildings other than dwellings in R-8, R-9 and R-10 Districts.
[Amended 8-8-1988 by L.L. No. 4-1988]
(9)
Vary the height regulations in any district to permit church spires, belfries, towers designed exclusively for ornamental purposes, flagstaffs, chimneys, flues or scenery lofts and parapet walls extending not more than three feet above the height permitted by these regulations.[2]
[2]
Editor's Note: Former Subsection A(10), as amended, which permitted buildings or premises in any district to contain certain educational, charitable and social uses under certain conditions and which immediately followed this subsection, was repealed 12-13-1982 by L.L. No. 5-1982.
B.
If protests against the granting of any permit applied for pursuant to the provisions of Subsection A(5) of this section shall be presented to the Board of Appeals before it acts on such application, duly signed by the owners of 25% of the frontage of the land within 500 feet of the property in question as shown by the last completed assessment roll of the village, then such permit shall not be granted except by unanimous vote of the Board of Appeals.[3]
[Amended 12-13-1982 by L.L. No. 5-1982]
[3]
Editor's Note: Former Subsections C, D, and E, added 8-10-1992 by L.L. No. 5-1992, which immediately followed this subsection, were repealed 8-26-2003 by L.L. No. 2-2003. Former § 148-107, Power and duties with respect to appeals, which immediately followed this section, was repealed 8-10-1992 by L.L. No. 5-1992.
§ 203-140 Fees for applications and appeals.
At the time that any application or appeal is submitted to the Board of Appeals, there shall be paid to the Village Clerk such fees as shall be specified in the schedule of fees established by resolution of the Board of Trustees. No application or appeal shall be filed or considered by the Board of Appeals until such fee shall have been paid, and such fee shall be retained by the village regardless of the disposition of the application or appeal.[1]