2023 New York Laws › TWN - Town › Article 16 - Zoning and Planning › 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.