MapLink™ | Procedures | Board of Appeals

Hello! Content on this website is provided as a convenience and is for informational use only. Be sure to review the Terms of Use for all of the details related to your use of this website.
Accept
Back
Board of Appeals
§ 155-46 Establishment of Board of Appeals.
A Board of Appeals is hereby established and shall have all the powers and duties in accordance with the provisions of the Town Law applicable thereto.

§ 155-47 Membership of Board of Appeals.
The Board of Appeals shall consist of five members appointed by the Town Board in accordance with § 267 of the Town Law.

§ 155-48 Procedure and rules of Board of Appeals.
Such Board of Appeals shall, consistent with the Town Law, determine its own rules and procedures, and all of its deliberations, resolutions and orders shall be in accordance therewith.

§ 155-49 Powers of Board of Appeals.
A. The Board shall have the power to review any order or decision of the Codes Enforcement Officer. However, when a proposed site plan or proposed special use permit contains one or more features which do not comply with this chapter, the Zoning Board may entertain an area variance application relating thereto, without the necessity of a determination of the Codes Enforcement Officer. When a proposed subdivision plat contains one or more lots which do not comply with this chapter, the Zoning Board may entertain an application for an area variance without the necessity of a decision or determination of the Codes Enforcement Officer. However, in reviewing a variance application for a subdivision, the Zoning Board of Appeals shall request the Planning Board to provide a written recommendation concerning the proposed variance.
B. The Zoning Board of Appeals may, in a specific case and after due notice and public hearing and subject to appropriate conditions and safeguards, determine and vary the application of the regulations of this chapter in harmony with their general purpose and intent in accordance with the provisions and standards of the Town Law.