Board of Zoning Appeals
The Board of Zoning Appeals consists of 7 members appointed by the Town Board. Their main function is to entertain applications at public hearings (held an average of 3 times per month) for variances, minor subdivisions and some special permits.
When an applicant files an application, it is processed by the office staff and scheduled for a public hearing. The applicant is given a notice to send to surrounding property owners, as well as a public notice sign to post on the subject parcel. At the time of the hearing, the applicant is expected to present their case to the Board based on certain criteria explained to them by the office staff at the time of filing. The applicant is also to answer any questions the Board may have and are given the chance to rebut any testimony from objecting neighbors.
There are many factors that the Board takes into consideration when making a decision; a few examples being conformity to surrounding areas, impact to the environment and benefit to the applicant as weighed against the detriment to the health, safety and welfare of the community.
Once a decision is rendered, a formal decision letter is sent to the applicant. If it is an approval, they may then proceed to the Building Department to obtain a permit. If it is a denial, the applicant has the right to appeal in a higher court by filing an Article 78 within 30 days from the date the decision is filed with the Town Clerk’s office.