The Town of Forestport has added a new article to its Site Review Law, which governs the use and development of real property within the town.
The article, titled Article 16, allows for a variance process to be administered by the local Town Board.
This means property owners will be allowed to appeal decisions of the Forestport Planning Board and, if successful, be granted some form of a use variance.
First-term Supervisor Parker Snead, who took office at the start of the year, said the law was needed, as the town has no Zoning Ordinance, and thus, no Zoning Board of Appeals.
“As written, there was no appellate process set up in our Site Review Law,” he said.
“Article 16 is a tremendous improvement. It provides the appellate language and delegates the responsibility to the Town Board to serve as a board of appeals for Planning and Codes.”
The article, broadly titled “Variances,” describes the process by which to appeal an unfavorable decision of the Planning Board.
The Town Board may affirm or deny, wholly or partly or may modify the order, requirement, decision, interpretation or determination of the Planning Board by granting a variance from the provisions of the Site Review Law.
The Town Board’s authority for granting such variances is set forth in the Municipal Home Rule Law.
This law provides that a town may amend or supercede any provision of the Town Law relating to the property, affairs or government of the Town.
Specifically, the Town Board desires to act by local law to retain appellate jurisdiction over decisions of the Town Planning Board, Article 16 states.
Those wanting to appeal a Planning Board decision must do so within 30 days. A Notice of Appeal must be filed with the Planning Board.
Included should be the grounds for the applicant’s appeal and a description of the relief sought.
All documentation pertaining to the case shall be forwarded by the Planning Board to the Town Board.
A public hearing will ensue.
“Upon the hearing, any party may appear in person or by agent or attorney,” the article states.
In making its decision, the Town Board shall take into consideration the benefit to the applicant, should a variance be granted.
This will be weighed against the detriment to the health, safety and welfare of the neighborhood or community.
The Board will also want to determine whether the granting of a variance will affect an undesirable change to the character of the neighborhood or a detriment to nearby properties.
It will also consider whether the benefit can derived by a means other than variance.
Regardless, no variance beyond the minimum necessary is to be granted.
The goal is to allow for reasonable use of property, while preserving and protecting the character and welfare of the community, Supervisor Snead said.
Article 16 was adopted unanimously, along with changes to the existing Site Review Law, as Local Law Number One of 2014 for the Town of Forestport.
It has been submitted to the New York State Secretary of State for final approval.