Zoning Board of Appeals
Town of Brant Members as of
this writing (August 2006) are:
Clark Borngraber (Zoning Board Chairman)
Stephen Twarozek
Cheryl Caldwell
Patricia Granica
Sherman Reickert
Lee Brunelli (Alternate)
The Zoning Board of Appeals consists of five Regular members and
one alternate member.
The Town Board has the power to remove any member of the Board
of Appeals for cause and after public hearing.
Regular members and the alternate shall not hold any elected office
in the Town of Brant, nor are they permitted to act on any matter
in which he or she is directly or indirectly related both personally
and financially. Board of Appeal members shall adhere to Town
of Brant Code of Ethics.
Duties of Board of Appeals:
The Board of Appeals shall have the powers and duties prescribed
by Article 16, Sub Section 267 of the Town Law of the State of
New York and by this chapter which are more particularly specified
as follows:
Interpretation. Upon appeal from a decision by an administrative
official, to decide any question involving interpretation of any
provision of this chapter, including determination of the exact
location of any district boundary if there is uncertainty with
respect thereto.
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Variances. To vary or adopt the strict application
of any of the requirements of this chapter in the case of exceptionally
irregular, narrow, shallow or steep lots or other exceptional
physical conditions, whereby such strict application would result
in practical difficulty or unnecessary hardship that would deprive
the owner of the reasonable use of the land or building involved
buy in no other case. No variance in the strict application
of this chapter shall be granted by the Board of Appeals unless
it finds that:
- There are special circumstances or conditions, fully described
in the findings of the Board applying to such land or buildings
and are not applying to such land or buildings and are not applying
generally to land or buildings in the neighborhood, and that said
circumstances or conditions are such that strict application of
the provisions of this chapter would deprive the applicant of
the reasonable use of such land or buildings.
- For reasons fully set forth in the findings of the Board,
the grant of the variance is necessary for the reasonable
use of the land or buildings and that the variance as granted
by the Board is the minimum variance that will accomplish
this purpose.
- The granting of the variance will be in harmony with the
general purpose and intent of this chapter and will not be
injurious to the neighborhood or otherwise detrimental to
the public welfare.
- In granting any variance, the Board of Appeals shall prescribe
any conditions that it deems to be necessary or desirable.
Other Information:
The Board of Appeals shall act in strict accordance with the procedure
specified by law. All appeals and applications made to the Board
shall be in writing, on forms prescribed by the Board and available
from the Code Enforcement Officer. Each appeal or application shall
refer to the specific provision of this chapter involved and shall
exactly set forth the interpretation that is claimed, the use for
which the special permit is sought or the details of the variance
that is applied for and the grounds on which it is claimed that
the variance should be granted, as the case may be.
At least (30) days before the date of the hearing on an application
or appeal to the Board of Appeals, the Secretary of said Board shall
transmit to the Planning Board a copy of this notice of the aforesaid
hearing and shall request that the Planning Board submit to the
Board of Appeals its opinion on said application or appeal, and
the Planning Board shall submit a report of such advisory opinion
prior to the date of said hearing.
Failure to submit such report shall constitute approval of said
application or appeal by the Planning Board.
Every decision of the Board of Appeals shall be by resolution, each
of which shall contain a full record of the findings of the Board
in the particular case.
Every Rule, regulation, decision and determination, amendment or
repeal thereof made by the Board of Appeals shall be available in
the Town Clerk's Office as required by Article 16, sub section 267
of the Town Law of the State of New York.
Notice of Hearings:
The Board shall fix a reasonable time for the hearing of appeals
and shall give due notice of the time set for the hearing to the
applicant. Such notice shall be served upon applicant. Public notice
shall be by the publication of a notice in the official newspaper
of the town ad shall briefly describe the nature of the appeal and
the time and place of the hearing.
The applicant shall, at least five (5) business days prior to the
date of the hearing, give notice, in writing, by registered mail
or by service in person, with adequate proof of contact thereof
to all property owners within one thousand (1000) feet of property
to be affected by said appeal or to all property owners of contiguous
land or properties adjoining said property to be affected and other
interested property owners as may be designated by the Board of
Appeals. The applicant must furnish proof of services in writing
and properly notarized.
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