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ZBA PROCEDURAL GUIDELINES
Introduction
The following Procedural Guidelines are voluntarily adopted by the Southold Town
Zoning Board of Appeals, as permitted by Town Code §280-148. They are intended to
further clarify the responsibilities and operating procedures of Board Members, the Board
Chair, and the ZBA Board Assistant. The purpose is to set an expected level of personal
and professional behavior to ensure that all ZBA members exercise the highest degree of
honesty, dedication, confidentiality and professionalism. These Procedural Guidelines
apply to all members. Implementation of these procedures is the responsibility of each
individual member as overseen by the Chair of the Board. Failure by any Board member
to adhere to these procedures may result in cause for removal by the Town Board, after a
public hearing as required by New York State Town Law §267.
L Draft Findings
a. Each member shall be assigned specific applications for which he/she will
be responsible for drafting the ZBA's Findings and Determination.
Members who have a draft that is suitable for deliberations at a public
meeting (either a regular meeting or special meeting), must submit the
draft to the ZBA Assistant no later than the Friday before the scheduled
meeting for distribution and review of the entire Board. Drafts that are not
submitted within this time frame will not be placed on the agenda. While
the ZBA has 62 days from the date of the close of the public hearing to
make a determination, it is a well recognized priority of the ZBA to adopt
its Findings and Determination as soon as possible after the close of the
public hearing and ideally at the special meeting following the public
hearing. Swift action by the ZBA prevents unnecessary delay and expense
for the applicants before the ZBA. If additional time is needed, a request
should be made to the Chairperson.
b. If an issue is not discussed during a public hearing it cannot be addressed
in a Findings and Determination unless the Board votes to re-open the
hearing.
c. When writing draft Findings and Determinations, the Board can select
from the public record, which facts to use and opinions to agree with and
which facts, opinions, and other evidence to discard.
d. The Board may grant something that was not discussed at the public
hearing if it is rationally related to the evidence in the record.
e. Each member is required to review the draft Findings and Determination
before the scheduled Special Meeting to prepare for deliberations and
voting.
f A member may request that an assigned application be discussed by the
entire Board prior to their writing a draft Findings and Determination,
unless the Town Law statutory time frames will expire prior to the next
scheduled ZBA meeting. By vote of the Board an applicant may be asked
in writing through the ZBA Board Assistant for an extension of the
statutory time frames.
g. A member may request additional time to review a draft Findings and
Determination and to postpone voting to the next scheduled ZBA meeting
unless the Town Law statutory time frames will have expired prior to that
meeting. In this instance the ZBA Chairperson will call for a vote of the
Board to confirm or deny the request.
h. Use of Conditions in Draft Findings and Determinations
i. Conditions must be set forth with clarity and specificity and may
be imposed relative to the proposed use of the property to
ameliorate adverse impacts.
ii. Conditions must be supported by facts in the record and consistent
with findings - i. e. if there is no adverse impact on the
neighborhood, then there should be no condition for screening etc.
iii. A variance, waiver of lot merger, or special exception permit is not
effective until a condition is fulfilled. If the applicant fails to
comply with a condition, the ZBA may revoke the variance, waiver
of lot merger or special exception permit.
iv. The ZBA cannot limit the duration of a variance to the period of
the applicant's ownership
IL Procedural Matters for Individual Applications
a. An applicant may apply for as many variances as they want during any
one hearing. The ZBA may decide that an application should be separated
only after the public hearing is opened and the applicant has the
opportunity to explain the nature of the application.
b. No single Board member can request that an applicant return to the
Building Department to apply for additional variances. If a member
discovers additional variances are required, then such a request shall be
made at the public hearing and a majority of the ZBA will determine the
necessary course of action.
c. The ZBA Board Assistant has the authority to determine whether or not an
application is complete and ready for scheduling a public hearing. Any
questions regarding whether an application is properly before the Board
and/or whether it can be scheduled for a public hearing should be
discussed by the ZBA in executive session. The ZBA may request that
counsel do a legal analysis and write a letter of rejection based on specific
grounds if appropriate.
d. If, during the course of reviewing an application, a Board member
determines that something is missing or additional information is desirable
in preparation for a scheduled public hearing, the member may contact the
Board Assistant who will notify the applicant and make the request. Board
members may also request that relevant research be undertaken by the
ZBA office staff. These requests are for inquiry only and Board members
may address the substance of this information only at a public hearing.
III. Procedures for Board Members Requesting to Place Items on an Agenda
a. Agendas for ZBA meetings are established by the Chair of the Board
b. A request by a Board member to place an item on an agenda can be made
verbally or in writing to the Chair at any time prior to the date of the
public meeting. A request can also be made at any Regular or Special
Meeting. All agendas shall include, under the Work Session heading,
"Requests from Board Members for future agenda items."
c. The Chair of the ZBA has sole discretion as to when and whether an item
is appropriate for placement on an agenda.
d. If a request to place an item on the agenda is refused by the Chair, an
explanation in writing will be provided.
e. If a member would like to appeal a refusal by the Chair to the entire
Board, such matter will be placed on an agenda for the sole purpose of
holding a vote on whether such matter should be discussed and is
appropriate.
IV. Review and Amendments
a. After this Procedural Guideline is adopted by the ZBA, the ZBA shall
have the authority to modify or amend portions hereof by resolution
approved by the majority of the members.
b. These Procedural Guidelines will be reviewed annually at the first ZBA
meeting in January where possible, but no later than February of each
year.
This policy was duly adopted by the Zoning Board of Appeals of the Town of Southold
on June 21, 2012
VOTE OF THE BOARD: ADOPTED (5-0)
MOVER: Leslie Kanes Weisman, Chairperson
SECONDER: Gerard P. Goehringer, Member
AYES: Members Dinizio, Goehringer, Horning, Schneider,
Weisman (Chairperson)