§ 120-57. Board of Appeals.

A. 

Appointment of members. Each Village Board of Trustees which adopts a local law and any amendments thereto pursuant to the powers granted by this chapter shall create a Board of Appeals consisting of three or five members as shall be determined by such local law. In the absence of a Chairperson, the Board of Appeals may designate a member to serve as Acting Chairperson. In making such appointment, the Village Board of Trustees may require Board of Appeals members to complete training and continuing education courses in accordance with any local requirements for the training of such members. The Village Board of Trustees may, as part of the local law creating said Board of Appeals, provide for the compensation of Board of Appeals members. The Village Board of Trustees may provide for compensation to be paid to experts, clerks and a secretary and provide for such other expenses as may be necessary and proper, not exceeding the appropriation made by the Village Board of Trustees for such purpose.

B. 

Board of Trustees ineligible. No person who is a member of the Village Board of Trustees shall be eligible for membership on such Board of Appeals.

C. 

Terms of members first appointed. In the creation of a new Board of Appeals, or the reestablishment of terms of an existing Board of Appeals, the appointment of members to the Board of Appeals shall be of terms so fixed that one member's term shall expire at the end of the Village official year in which such members were initially appointed. The remaining members' terms shall be so fixed that one member's term shall expire at the end of each official year thereafter. At the expiration of each original member's appointment, the replacement member shall be appointed by the Village Board of Trustees for a term which shall be equal in years to the number of members of the Board of Appeals.

D. 

Terms of members now in office. Members now holding office for terms which do not expire at the end of the Village official year shall, upon the expiration of their term, hold office until the end of the Village official year, and their successors shall then be appointed for terms which shall be equal in years to the number of members of the Board of Appeals.

E. 

Increasing membership. The Village Board of Trustees may, by local law, increase a three-member Board of Appeals to five members. Additional members shall be first appointed for single terms as provided by resolution in order that the terms of members shall expire in each of five successive years, and their successors shall thereafter be appointed for full terms of five years. No such additional member shall take part in the consideration of any matter for which an application was on file with the Board of Appeals at the time of his or her appointment.

F. 

Decreasing membership. When the Village Board of Trustees has increased the number of members of the Board of Appeals to five, it may, by local law, decrease the number of members of the Board of Appeals to three to take effect upon the next two expirations of terms.

G. 

Vacancy in office. If a vacancy shall occur otherwise than by expiration of term, the Village Board of Trustees shall appoint the new member for the unexpired term.

H. 

Removal of members. The Village Board of Trustees shall have the power to remove, after public hearing, any member of the Board of Appeals for cause. Any Board of Appeals member may be removed for noncompliance with minimum requirements relating to meeting attendance and training as established by the Village Board of Trustees by local law.

I. 

Chairperson duties. All meetings of the Board of Appeals shall be held at the call of the Chairperson and at such other times as such Board of Appeals may determine. Such Chairperson or, in his or her absence, the Acting Chairperson may administer oaths and compel the attendance of witnesses.

J. 

Alternate members.

(1) 

The Village Board of Trustees may, by local law or as a part of the local law creating the Board of Appeals, establish alternate Board of Appeals member positions for purposes of substituting for a member in the event that such member is unable to participate because of a conflict of interest. Alternate members of the Board of Appeals shall be appointed by the Village Board of Trustees, for terms established by the Village Board of Trustees.

(2) 

The Chairperson of the Board of Appeals may designate an alternate member to substitute for a member when such member is unable to participate because of a conflict of interest on an application or matter before the Board of Appeals. When so designated, the alternate member shall possess all the powers and responsibilities of such member of the Board of Appeals. Such designation shall be entered into the minutes of the initial Board of Appeals meeting at which the substitution is made.

(3) 

All provisions of this section relating to Board of Appeals member training and continuing education, attendance, conflict of interest, compensation, eligibility, vacancy in office, removal and service on other boards shall also apply to alternate members.

K. 

Board of Appeals procedure.

(1) 

Meetings, minutes, records. Meetings of such Board of Appeals shall be open to the public to the extent provided in Article 7 of the Public Officers Law. Such Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions.

(2) 

Filing requirements. Every rule, regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Board of Appeals shall be filed in the office of the Village Clerk within five business days and shall be a public record.

(3) 

Assistance to Board of Appeals. Such Board of Appeals shall have the authority to call upon any department, agency or employee of the Village for such assistance as shall be deemed necessary and as shall be authorized by the Village Board of Trustees. Such department, agency or employee may be reimbursed for any expenses incurred as a result of such assistance.

(4) 

Hearing appeals. Unless otherwise provided by local law, the jurisdiction of the Board of Appeals shall be appellate only and shall be limited to hearing and deciding appeals from and reviewing any order, requirement, decision, interpretation or determination made by the administrative official charged with the enforcement of any local law adopted pursuant to this chapter. The concurring vote of a majority of the members of the Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of any such administrative official or to grant a use variance or area variance. Such appeal may be taken by any person aggrieved, or by an officer, department, board or bureau of the Village.

(5) 

Time of appeal. Such appeal shall be taken within 60 days after the filing in the Village Clerk's office of any order, requirement, decision, interpretation or determination of the administrative official charged with the enforcement of such local law by filing with such administrative official and with the Board of Appeals a notice of appeal, specifying the grounds thereof and the relief sought. The administrative official from whom the appeal is taken shall forthwith transmit to the Board of Appeals all the papers constituting the record upon which the action appealed from was taken.

(6) 

Filing of decision; notice prior to hearing; SEQRA compliance.

(a) 

The decision of the Board of Appeals on the appeal shall be filed in the office of the Village Clerk within five business days after the day such decision is rendered, and a copy thereof mailed to the applicant.

(b) 

At least five days before such hearing, the Board of Appeals shall mail notices thereof to the parties, to the regional State Park Commission having jurisdiction over any state park or parkway within 500 feet of the property affected by such appeal, and to the County Planning Board or agency or the regional planning council as required by § 239-m of the General Municipal Law, which notice shall be accompanied by a full statement of such proposed action, as defined in Subdivision 1 of § 239-m of the General Municipal Law.

(c) 

The Board of Appeals shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations as codified in Title 6, Part 617, of the New York Codes, Rules and Regulations.