N.Y. Town Law § 267: Zoning board of appeals

§ 267. Zoning board of appeals. 1. Definitions. As used in this

section:

(a) "Use variance" shall mean the authorization by the zoning board of

appeals for the use of land for a purpose which is otherwise not allowed

or is prohibited by the applicable zoning regulations.

(b) "Area variance" shall mean the authorization by the zoning board

of appeals for the use of land in a manner which is not allowed by the

dimensional or physical requirements of the applicable zoning

regulations.

2. Appointment of members. Each town board which adopts a local law or

ordinance and any amendments thereto pursuant to the powers granted by

this article shall appoint a board of appeals consisting of three or

five members as shall be determined by such local law or ordinance and

shall designate the chairperson thereof. In the absence of a chairperson

the board of appeals may designate a member to serve as acting

chairperson. The town board 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

town board for such purpose.

3. Town board members ineligible. No person who is a member of the

town board shall be eligible for membership on such board of appeals.

4. Terms of members first appointed. In the creation of a new board of

appeals, or the reestablishment of terms of an existing board, the

appointment of members to the board shall be for terms so fixed that one

member's term shall expire at the end of the calendar 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 year

thereafter. At the expiration of each original member's appointment, the

replacement member shall be appointed for a term which shall be equal in

years to the number of members of the board.

5. Terms of members now in office. Members now holding office for

terms which do not expire at the end of a year shall, upon the

expiration of their term, hold office until the end of the year and

their successors shall then be appointed for terms which shall be equal

in years to the number of members of the board.

6. Increasing membership. Any town board may, by local law or

ordinance, 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.

7. Decreasing membership. A town board which has increased the number

of members of the board of appeals to five may, by local law or

ordinance, decrease the number of members of the board of appeals to

three to take effect upon the next two expirations of terms. Any board

of appeals which, upon the effective date of this section has seven

members, may continue to act as a duly constituted zoning board of

appeals until the town board, by local law or ordinance, reduces such

membership to three or five. However, no incumbent shall be removed from

office except upon the expiration of his or her term.

7-a. Training and attendance requirements. (a) Each member of the

board of appeals shall complete, at a minimum, four hours of training

each year designed to enable such members to more effectively carry out

their duties. Training received by a member in excess of four hours in

any one year may be carried over by the member into succeeding years in

order to meet the requirements of this subdivision. Such training shall

be approved by the town board and may include, but not be limited to,

training provided by a municipality, regional or county planning office

or commission, county planning federation, state agency, statewide

municipal association, college or other similar entity. Training may be

provided in a variety of formats, including but not limited to,

electronic media, video, distance learning and traditional classroom

training.

(b) To be eligible for reappointment to such board, such member shall

have completed the training promoted by the town pursuant to this

subdivision.

(c) The training required by this subdivision may be waived or

modified by resolution of the town board when, in the judgment of the

town board, it is in the best interest of the town to do so.

(d) No decision of a zoning board of appeals shall be voided or

declared invalid because of a failure to comply with this subdivision.

8. Vacancy in office. If a vacancy shall occur otherwise than by

expiration of term, the town board shall appoint the new member for the

unexpired term.

9. Removal of members. The town board shall have the power to remove,

after public hearing, any member of the zoning board of appeals for

cause. Any zoning board of appeals member may be removed for

non-compliance with minimum requirements relating to meeting attendance

and training as established by the town board by local law or ordinance.

10. 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 may determine. Such chairperson, or in his or her absence, the

acting chairperson, may administer oaths and compel the attendance of

witnesses.

11. Alternate members. (a) A town board may, by local law or

ordinance, or as a part of the local law or ordinance creating the

zoning board of appeals, establish alternate zoning board of appeals

member positions for purposes of substituting for a member in the event

such member is unable to participate because of a conflict of interest.

Alternate members of the zoning board of appeals shall be appointed by

resolution of the town board, for terms established by the town board.

(b) The chairperson of the zoning 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. When so designated, the alternate member shall

possess all the powers and responsibilities of such member of the board.

Such designation shall be entered into the minutes of the initial zoning

board of appeals meeting at which the substitution is made.

(c) All provisions of this section relating to zoning 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.