HomeMy WebLinkAboutProdedural Guidelines Office Location: oF $0�jyo Mailing Address:
Town Annex/First Floor,Capital One Bank 53095 Main Road
54375 Main Road(at Youngs Avenue) P.O. Box 1179
Southold,NY 11971 Q Southold,NY 11971-0959
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http://southoldtown,northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631)765-1809 Fax(631)765-9064
ZBA PROCEDURAL GUIDELINES (2015)
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. If additional time is needed, a request should be made to the
Chairperson.
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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 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.
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
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ZBA Procedural Guidelines(2015)
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.
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,
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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
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
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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.
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 unanimous vote of the Zoning Board of Appeals of the Town of
Southold on June 21, 2012, and duly re-adopted by unanimous vote on January 3, 2013(as
amended), January 9, 2014 (as amended) and January 8, 2015 (as amended)