Rules; meetings.

Hearings, appeals; notice. An appeal concerning interpretation or administration of this chapter may be taken to the Board of Appeals by any person aggrieved or by any officer or the governing body of the Town who is affected by any decision of the Building Inspector. Such appeal shall be taken within a reasonable time, not to exceed 60 days or such lesser period as may be provided by the rules of the Board of Appeals, by filing with the Building Inspector and with the Board of Appeals a notice of appeal specifying the grounds thereof. The Building Inspector shall forthwith transmit to the Board of Appeals all papers constituting the record upon which the action appealed from was taken. The Board of Appeals shall fix a reasonable time for the hearing of the appeal, give public notice thereof as well as notice to the parties in interest and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or attorney.

Interpretation: upon appeal from a decision by the Code Enforcement Officer, to decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary if there is uncertainty with respect thereto.

Variances: in accordance with Town Law § 267-b, to authorize upon appeal in specific cases such use variances and area variances as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in hardship.

Powers of Board of Appeals on appeals. In exercising the powers described herein the Board of Appeals may, so long as such action is in conformity with the terms of this chapter, reverse or reaffirm, wholly or partly, or may modify the order, requirement decision or determination appealed from and may make such order, requirement decision or determination as ought to be made and, to that end, shall have the powers of the administrative official from whom the appeal is taken. The concurring vote for three members of the Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of the administrative official or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to effect any variation in the application of this chapter.

When required. Prior to taking action on any matter which would cause any change in the regulations or use of land or buildings on real property as specified in § 239-m of the General Municipal Law of the State of New York. the Board of Appeals shall make referrals to the Wayne County Planning Board in accordance with §§ 239-l and 239-m of the General Municipal Law.

Report of County Planning Board; procedure. Said Board shall report its recommendations thereon to the Board of Appeals, accompanied by a full statement of the reasons for such recommendations. If the County Planning Board disapproves the proposal or recommends modification thereof, the Board of Appeals shall not act contrary to such disapproval or recommendation except by a vote of a majority, plus one, of all the members thereof and after the adoption of a resolution fully setting forth the reasons for such contrary action. The Chairman shall read the report of the County Planning Board at the public hearing of the matter under review.

Failure of County Planning Board to report within 30 days; effect. If the County Planning Board fails to report within such period of 30 days or such longer period as may have been agreed upon by it and the Board of Appeals, the Board of Appeals may act without such report.