Town Of Brant
Zoning Board of Appeals

Town of Brant Members
Frank Broughton - Chairman
Carrie Andolina – Member
Paul Cesana – Member
Joe Gardyjan – Member
Kathy Vespa – Member
Jason Peters – Alternate Member

Secretary to the Zoning Board –

The Zoning Board of Appeals consists of five Regular members and one alternate member.
The Town Board has the power to remove any member of the Board of Appeals for cause and after public hearing.

Regular members and the alternate shall not hold any elected office in the Town of Brant, nor are they permitted to act on any matter in which he or she is directly or indirectly related both personally and financially. Board of Appeal members shall adhere to Town of Brant Code of Ethics.

Duties of Board of Appeals:

The Board of Appeals shall have the powers and duties prescribed by Article 16, Sub Section 267 of the Town Law of the State of New York and by this chapter which are more particularly specified as follows:

Interpretation. Upon appeal from a decision by an administrative official, to decide any question involving interpretation of any provision of this chapter, including determination of the exact location of any district boundary if there is uncertainty with respect thereto.

  1. Variances. To vary or adopt the strict application of any of the requirements of this chapter in the case of exceptionally irregular, narrow, shallow or steep lots or other exceptional physical conditions, whereby such strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved buy in no other case. No variance in the strict application of this chapter shall be granted by the Board of Appeals unless it finds that:
  2. There are special circumstances or conditions, fully described in the findings of the Board applying to such land or buildings and are not applying to such land or buildings and are not applying generally to land or buildings in the neighborhood, and that said circumstances or conditions are such that strict application of the provisions of this chapter would deprive the applicant of the reasonable use of such land or buildings.
    1. For reasons fully set forth in the findings of the Board, the grant of the variance is necessary for the reasonable use of the land or buildings and that the variance as granted by the Board is the minimum variance that will accomplish this purpose.
    2. The granting of the variance will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
  3. In granting any variance, the Board of Appeals shall prescribe any conditions that it deems to be necessary or desirable.


Other Information:

The Board of Appeals shall act in strict accordance with the procedure specified by law. All appeals and applications made to the Board shall be in writing, on forms prescribed by the Board and available from the Code Enforcement Officer. Each appeal or application shall refer to the specific provision of this chapter involved and shall exactly set forth the interpretation that is claimed, the use for which the special permit is sought or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be.

At least (30) days before the date of the hearing on an application or appeal to the Board of Appeals, the Secretary of said Board shall transmit to the Planning Board a copy of this notice of the aforesaid hearing and shall request that the Planning Board submit to the Board of Appeals its opinion on said application or appeal, and the Planning Board shall submit a report of such advisory opinion prior to the date of said hearing.

Failure to submit such report shall constitute approval of said application or appeal by the Planning Board.

Every decision of the Board of Appeals shall be by resolution, each of which shall contain a full record of the findings of the Board in the particular case.

Every Rule, regulation, decision and determination, amendment or repeal thereof made by the Board of Appeals shall be available in the Town Clerk's Office as required by Article 16, sub section 267 of the Town Law of the State of New York.

Notice of Hearings:

The Board shall fix a reasonable time for the hearing of appeals and shall give due notice of the time set for the hearing to the applicant. Such notice shall be served upon applicant. Public notice shall be by the publication of a notice in the official newspaper of the town ad shall briefly describe the nature of the appeal and the time and place of the hearing.

The applicant shall, at least five (5) days prior to the date of the hearing, give notice, in writing, by registered mail or by service in person, with adequate proof of contact thereof to all property owners within one thousand (1000) feet of property to be affected by said appeal or to all property owners of contiguous land or properties adjoining said property to be affected and other interested property owners as may be designated by the Board of Appeals. The applicant must furnish proof of services in writing and properly notarized.

MINUTES OF MEETINGS:

June 2016 – Nasca
May 2016 – Meyers