§ 156-57. Appeals.  


Latest version.
  • A. 
    Appeal procedure. All appeals and applications to the Board of Appeals shall be taken in the manner prescribed by law and must be made within 30 days of the date of the order, requirement, decision or determination complained of. All such appeals and applications shall be in writing, on forms prescribed by the Board. Each appeal or application shall fully set forth the circumstances of the case. Each appeal or application shall refer to the specific provision of this chapter involved and shall exactly set forth, as the case may be, the interpretation that is claimed, the details of the adjustment that is applied for and the grounds for which it is claimed that the same should be granted or the use for which a permit is sought. The officer from whom the appeal is taken shall transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
    B. 
    Notice and hearing. The Board of Appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it and give public notice thereof by the publication in the official paper of a notice of such hearing, at least five days prior to the date thereof. In addition, the Board shall, at least seven days before such hearing, mail notices thereof to all owners of property which lie within 500 feet of the subject site and to other such owners as the Board may deem advisable. The Board shall decide the same within 60 days after the hearing. During the hearing, any party may appear in person, by agent or by attorney.
    C. 
    Action by Board of Appeals. The Board of Appeals may reverse, affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises and to that end shall have all the powers of the officer from whom the appeal is taken. Every decision of the Board of Appeals shall be recorded in accordance with standard forms adopted by the Town and shall fully set forth the circumstances of the case and the findings on which the decision was based. Timely notice of all decisions shall be given to all parties to the proceeding.
    D. 
    Appeal to Supreme Court from decision of Board; time limit for such appeal. Any person or persons, jointly or severally, aggrieved by any decision of the Board of Appeals or any officer, department, board or bureau of the Town may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules. Such proceeding shall be instituted within 30 days after the filing of a decision in the office of the Town Clerk.