Gary Natali (Chair)
Terri Luckett (ad hoc)
Mario Rector (Board Volunteer)
Town Board Liaison: Councilor Mike Becallo
Attorney: Terry Kirwan
The Zoning Board of Appeals (ZBA) is a separate entity within Town Government. Members are appointed by the Town Board.
From A Basic Guide for Planning Board & Zoning Board of Appeals by New York Planning Federation, 1997:
If a community has adopted a set of zoning regulations, whether by ordinance or by local law, it must appoint a board of appeals. And, to answer an oft-asked question, the board of appeals must be separate from the governing board, i.e., the governing board cannot, itself, act as the board of appeals. The basic function of the board of appeals is to hear appeals and grant relief from the strict application of the zoning regulations.”
The courts call the ZBA (Zoning Board of Appeals) a “quasi-judicial body,” which is a fancy way of saying that it’s basically a layman’s court, hearing evidence on appeal and deciding in favor of one party or the other. It bears emphasizing that all appeals to a ZBA are adversarial proceedings, which means, in theory, there are always two necessary “parties:” the “aggrieved party” and the municipality. Each has full rights as a party, which means that each has the right to present witnesses and testimony, and to cross-examine the witnesses of the other. The board has authority which resembles that of a court as well: it may subpoena and swear in witnesses, ask its own questions, and may issue orders so that its decisions are carried out.”
The ZBA seeks to resolve issues for proposed projects that are in violation of the Town Code. This is done by evaluating the proposal against criteria on the ZBA Application and by querying neighbors of the proposed site.
If a building permit is denied for code violations the person may appeal the ruling by submitting the Zone Variance Application Form to the Department of Zoning and Planning. The form is available from the Licenses and Permits page , under the “Site Planning and Zoning Forms” section. The applicant will then be scheduled to discuss the proposal.
They will schedule the applicant for an upcoming ZBA meeting (normally the first Monday of a month at 6 PM). There is a non-refundable fee of $200. The process may take several meetings as options are considered and neighbor feedback is assessed. The time frame from submitting the ZBA application form until the first review by the ZBA is generally a minimum of three weeks.
Agendas and Minutes
Current and recent agendas and minutes are here.