4 Park Avenue, PO Box 1
Arkport, NY 14807
Terms of service are for five (5) years.
The Zoning Board of Appeals (ZBA) consists of five (5) volunteer members, each of whom serves for a term of five (5) years. The terms are staggered in such a way that a member is appointed each year.
"Zoning is the most important method of land use regulation undertaken by local governments. The local zoning ordinance prescribes what may be done in each zone and what may not be done."
-William A. Fischel, Professor of Economics, Dartmouth College
All zoning boards of appeals are directly given appellate jurisdiction by State law. Appellate jurisdiction is the power to hear and decide appeals from decisions of the officials charged with the administration and enforcement of the zoning ordinance or local law. The Board also has the power to interpret the zoning ordinance or local law and to grant variances. All meetings of the ZBA require a quorum, which is a majority of the Board of five; all meetings are public meetings, where the public commentary will be considered; all public hearings on specific applications are required to be advertised in the official newspaper at least five days before the public hearing is scheduled.
Approval requests for new structures, changes to existing structures, and changes of property uses are submitted to the Town’s Code Enforcement Officer who determines if the requests are compliant with the town code. If they are not, the applicant is so informed and advised that an appeal may be made to the Zoning Board of Appeals for an Area Variance or a Use Variance.
After vetting by the Town’s Code Enforcement Officer, new applications must be published in the town’s designated newspaper at least five (5) days prior to the scheduled ZBA meeting where the applicant or his representatives present the request for a variance. Oral comments from the public will also be accepted during the public hearing periods of the ZBA meetings. After the public hearing has been closed, the ZBA will produce a formal resolution guided by the state criteria for acceptance or rejection of the variance request.
Joseph Bailey - Chairman
Sandra Hillman - Board Member
Tim Chersnowsky - Board Member
William Giese III - Board Member