§ 167-38. Zoning Board of Appeals.

A Zoning Board of Appeals is hereby continued. Said Board shall consist of seven members, together with two alternates (serving at the pleasure of the Town Board), who are residents of the Town of Malta and who are appointed by the Town Board, which shall also designate the Chairman. The seven members shall serve terms of five years in accordance with the original date of appointment by the Town Board. The Board of Appeals shall have all the power and duties prescribed by law and by this chapter. The Town Board shall so make appointments that, at all times and insofar as is possible, the membership of such Zoning Board of Appeals shall be representatives of the major land users of the Town which may include, according to the judgment of the Town Board, such types of use as residential, farming, retail business or commercial. A survey, duly certified by a surveyor licensed to do business in the State of New York, may be required by the Board of Appeals from any applicant applying to the Board for a variance, special use permit or interpretation.

A. 

Interpretation. Upon appeal from a decision by the Code Enforcement Officer, the Board of Appeals shall decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary if there is uncertainty with respect thereto.

B. 

Variances. In passing upon use variances and area variances, the actions permitted by the Board of Appeals shall be as set forth in Article 16 of the Town Law of the State of New York as said article may be amended from time to time.

C. 

The Board of Appeals shall set a reasonable time for the public hearing of an appeal or other matter referred to such Board and shall give notice in the Town's official newspaper of such hearing at least five days prior to the date of such hearing, and with respect to any application as herein set forth, notice shall be given at least 10 days prior to such hearing by certified or registered mail to certain officials, persons and owners of properties involved in accordance with requirements of § 267 of the Town Law as follows:

(1) 

Notification requirements. In the case of an appeal alleging error or misinterpretation in any order or of an action by the Code Enforcement Officer, the following persons shall be notified: the Code Enforcement Officer, the appellant and the person or persons, if any, who would be aggrieved by the order, requirements, regulation or determination; in the case of an appeal or other matter referred to such Board, all owners of property which is contiguous, abutting or adjacent to or which is situate across an established road from the actual or proposed boundary lines of the property which is the subject of the appeal or other matter so referred, and to such other property owners as the Board of Appeals may direct. The applicant shall be required to determine the names and addresses of such owners, and the applicant shall thereupon advise the Building and Planning Department, which shall notify such persons of the appeal by certified or registered mail.

(2) 

Adjournment of hearing. The Board of Appeals may, in its discretion, adjourn the hearing for a reasonable period for the purpose of causing such further notice as it deems proper to be served upon such other property owners as determined by the Board of Appeals.