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HomeMy WebLinkAboutProcedural Guidelines Town Hall Annex, Capital One Building BOARD MEMBERS � QFo 54375 Route 25 at Youngs Road Leslie Kanes Weisman,Chairperson v � (� alt?< P.O.Box 1179 Eric L. Dantes � !�t J�II Southold,New York 11971.0959 Gerard P. Goehringer G Telephone(631) 765-1809 G (? �4 Fax(631)765-9064 George Horning � http://southoldtown.northfork.net Ken Schneider ZONING BOARD OF APPEALS ZBA PROCEDURAL GUIDELINES (June 2014) 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. I. 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, via e-mail and typed into the approved current appropriate template, attached hereto, 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. 1 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 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. i. Granting Relief as Amended or Granting Alternative Relief To ensure consistency in ZBA Findings and Determinations,the Board of Appeals distinguishes between granting relief as amended and granting alternative relief as follows: i. Deny as Applied For and Grant Relief as Amended and shown on the survey/drawings by xxx dated xxx. Relief as Amended shall be described in the Amended Application section of the template for writing variance relief decisions when the applicant has been asked to bring their plan into more conformity with the code at a public hearing AND has taken action to do so by submitting a revised survey and/or drawings under one of 3 scenarios. 1.At a second hearing after which time the application is closed. 2. If a hearing has been adjourned to another Regular or Special Meeting in order to receive the requested information before closing(left open in case the Board has further questions) 3. If the Board has closed a hearing subject to receipt of an amended survey and/or drawings. 2 In this third scenario the hearing is closed but the clock does not start on the time limit of 62 days for the Board to render its decision, until the applicant has submitted the information that shows how they have amended the original relief requested, as discussed at a public hearing. ii. Deny as Applied For and Grant Alternative Relief. In this case the Board has questioned the applicant about reducing the degree of nonconformity in their variance request during fact finding at a public hearing. The applicant has informed the Board about any practical difficulties or possibilities in doing so and the Board has voted to close the hearing reserving decision to a later date, at which time the Board makes a decision to grant something other than what was cited in the original Notice of Disapproval (the relief requested). With Alternative Relief no new drawings are submitted to or requested by the Board prior to the closing of the hearing. Instead the applicant must submit to the Office of the Board of Appeals an updated survey/architectural drawings etc. showing the Alternative Relief granted by the Board in its Findings and Determination.The office then stamps these drawings and sends them to the Building Department with the decision. This procedure is described in the area variance template for writing decisions, cited after the Board Resolution. II. 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 3 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. e. If, at a public hearing, an application is adjourned to another date or adjourned without a date, all Board members will retain their own personal application package for future Board review. f. Original application files that are processed by ZBA staff and stored in the ZBA office may be reviewed by Board members,prior to receiving their own personal copies, during office hours. Board Members may not remove any original materials from those files. If a Board Member wants a personal copy of anything contained in the original office files, they shall inform a staff member who will remove the item(s)from the files, make the requested copy(ies) and re-file the original materials. 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. Responsibilities of the ZBA Chairperson/Department Head The Chairperson of the Board of Appeals is appointed annually by the Town Board from one of the five ZBA Members. As such, he/she is also the designated Department Head.The Chairperson/Department Head is responsible for: 1. Furnishing to the Town Board a detailed monthly report of activities within his/her department 2. Furnishing to the Supervisor an annual report for his State of the Town Address, summarizing the ZBA's accomplishments for the past year and goals for the current year 3. Supervision of department staff, in consultation with the Board Secretary/Assistant who shall serve as the office manager 4. Calling for staff meetings periodically to discuss issues of interest or concern 4 5. Signing bi-weekly and monthly time sheets for staff members 6. Office correspondence as needed 7. Determination of requests for de minimus changes from relief granted in ZBA decisions. The Chairperson may bring such matters to the attention of and consult with Board Members as he/she deems necessary and/or appropriate in making such determinations. 8. Appointing a Vice-Chairperson on an annual basis 9. Providing oversight for confidential draft decisions submitted to the Board Secretary by assigned ZBA Members. Neither the Secretary nor Chairperson shall change the recommendations of the assigned Board Member. All Board Members shall participate in determining the final wording of all drafts during deliberations and before voting. 10. Reviewing and signing final drafts of all decisions made by the Board no later than 5 business days from the date of decision. If the Chairperson is not available within that time frame,the Vice-Chairperson may sign decisions on his/her behalf. 11. Reviewing and signing off on all applications to the ZBA office for Special Event permits, per the requirements of code Chapter 205: Public Entertainment and Special Events 12. Establishing agendas for Regular and Special Meetings of the Board 13. Conducting Regular and Special Meetings. The designated Vice- Chairperson shall assume this responsibility if the Chairperson is not available. 14. Preparing an annual budget for the department, in collaboration with the Board Assistant/Secretary, and presenting that budget to the Supervisor, Comptroller, and Town Board 15. Representing the ZBA in meetings pertaining to litigation, matters before the Town Board,the Code Committee, and other meetings as called for by Town officials. Other Board Members shall be informed of those meetings and invited to attend as they are able/interested. 16. Periodically reviewing with the Board Secretary, the ZBA's website information and all application forms and procedures to update as useful or required. 17. Reviewing and improving,with the Board Members, all templates used for writing confidential draft decisions 18. Working with the Board Members and Assistant Town Attorney to establish topics for an annual proposal to the Town Board for 4 hours of required ZBA training. Members may choose to attend Town Board approved conferences and seminars as an alternative. 19. Establishing an annual calendar of dates for Regular and Special Meetings. The Board Secretary shall submit same to the Town Clerk and reserve the Meeting Hall and first floor annex conference room for those dates. 5 V. 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), This policy was duly revised and adopted by the Zoning Board of Appeals of the Town of Southold on January 3, 2013(additions noted in italics) VOTE OF THE BOARD: ADOPTED (5-0) MOVER: George Horning, Member SECONDER: James Dinizio, Member AYES: Members Dinizio, Goehringer, Horning, Schneider, Weisman(Chairperson) This policy was duly revised and adopted by the Zoning Board of Appeals of the Town of Southold on January 9, 2014(addition of Section Ii9 VOTE OF THE BOARD: ADOPTED (5-0) MOVER: Leslie Weisman(Chairperson) SECONDER: Ken Schneider, Member AYES: Members Dantes, Goehringer, Horning, Schneider, Weisman(Chairperson) This policy was duly revised and adopted by the Zoning Board of Appeals of the Town of Southold on June 19, 2014(addition to Section I Draft Findings#i Granting Relief as Amended or Granting Alternative Relief) VOTE OF THE BOARD: ADOPTED (5-0) MOVER: Leslie Weisman(Chairperson) SECONDER: George Horning, Member AYES: Members Dantes, Goehringer, Horning, Schneider, Weisman(Chairperson) 6