Zoning Board of Appeals

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Agendas, Minutes & YouTube Videos

Agendas are available prior to the meetings. Minutes are available following approval. YouTube Videos are available next day.

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After Meeting Reports

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Meetings

  • 7:00 p.m.
  • First and third Monday of the month, with the exceptions of January, February, March, September, October, November & December where there is one meeting.
  • In-person - 1st floor main meeting room

Public hearings are held at 7:00 p.m. Applications for variances and special use permits are reviewed at public hearings.

Applications must be received in the Planning and Building Department at least two weeks prior to a meeting date to be included on the agenda. Please call 585-742-5040 or Email Planning Department.

Meeting Dates for Boards & Holiday Closings Brochure (PDF)

About the Board

  • In making its decisions, the Zoning Board of Appeals (ZBA) interprets the Town Zoning Code and evaluates the benefit an applicant would realize if they were to be granted a variance against any impacts that the town might realize as a result of the variance.
  • The ZBA can grant use variances to allow the use of land for a purpose that is otherwise not allowed or is prohibited by zoning regulations. Use variances are granted very infrequently.
  • The ZBA can also grant area variances to reduce required setback distances if an applicant can demonstrate suitable hardship. While the number of area variances granted by the ZBA each year is quite small, it is the most frequently requested variance coming before the board.

This position receives a stipend.

Regular Members

Members serve five-year terms. 

Current board members and their term expiration dates are:

  • Mike Reinhardt, Chair - December 2029
  • Patrick Coates - December 2027
  • Matt Oates - December 2027
  • Lya Theodoratos, Vice Chair - December 2029
  • Larry St Cyr - December 2027
  • Christopher Babock - Alternate - December 2028
  • Edward Samoel - Alternate - December 2028
  • Drew Cusimano, Jan-Apr / Alexis Ogra, May-Aug / Dave Condon, Sept-Dec  - Town Board Liaisons
  • Amber Downs, Secretary

Town Zoning Board of Appeals

ZBA Members 06172025

Regular Zoning Board of Appeals Member Duties:

  1. Consistent Voting Power: Regular members have been appointed by the Town Board and they serve terms per the Town Code as voting members of the ZBA. They are a quai judicial branch of government. They are expected to actively participate in all zoning decisions, including appeals, variances, and interpretations of zoning codes.
  2. Regular Attendance: Regular members are expected to attend every ZBA meeting and hearing. Regular members must provide a reasonable notice to the ZBA Chairperson of a valid reason for the absence to be considered as “excused”. Further, irrespective of the reason for the absence, regular members may be temporarily replaced at the discretion of the ZBA Chairperson. 
  3. Decision-Making: Regular members are involved in every decision made by the ZBA, including deliberations and final votes on applications. 
  4. Leadership Roles: Regular members may take on leadership roles within the ZBA, such as chairing meetings, acting as liaisons to other boards or departments, or overseeing specific areas of zoning and land-use issues.

ZBA Alternate Member

Term Appointment: 5 years

Compensation: Alternate ZBA members will be paid an annual stipend, plus a per meeting fee for every meeting that they are serving in place of a regular ZBA member.

Job Summary:

The Zoning Board of Appeals (ZBA) Alternate Member plays a vital role in supporting the work of the ZBA in reviewing and deciding upon appeals and applications related to zoning regulations and land-use decisions within the municipality. The alternate member is expected to step in and participate in meetings, deliberations, and decisions when a regular member is unavailable, disqualified, or recused from a particular case. This position requires an understanding of local zoning laws, an ability to make informed decisions, and a commitment to ensuring fair and transparent decision-making.

Essential Duties and Responsibilities:

  • In-person attendance is required at all scheduled Zoning Board of Appeals meetings and hearings.
  • Actively participate in hearings and deliberations when serving as a voting member in the absence of a regular member.
  • Review zoning applications, appeals, variances, and other related requests so as to be prepared to cover for absences.
  • Interpret and apply local zoning ordinances and relevant state laws (including New York State Municipal Home Rule Law and the New York State Zoning Enabling Act).
  • Assess the legal, practical, and community impact of zoning requests.
  • Consider and evaluate written and oral testimony provided during public hearings.
  • Collaborate during the meeting with fellow board members to make informed, unbiased decisions in line with legal requirements and community needs.
  • Review and approve or deny applications for variances.
  • Ensure compliance with applicable laws, regulations, and procedures governing the ZBA.
  • Maintain accurate records of decisions, votes, and meeting minutes.
  • Participate in ongoing training or workshops on zoning law, land use, and other relevant topics.

The primary difference between the duties of a regular Zoning Board of Appeals (ZBA) member and an alternate member is the frequency and consistency with which they participate in ZBA meetings and decision-making processes. Here’s a breakdown of the key distinctions:

Alternate Zoning Board of Appeals Member Duties:

  1. Substitute Role: The primary role of an alternate member is to step in and temporarily replace a regular member when they are unavailable (due to absence, recusal, or conflict of interest). Alternate members do not have a regular voting presence on the board unless they are serving in place of a regular member.
  2. Temporary Participation: An alternate member only participates in the meetings when needed. They don’t attend all meetings regularly, unless they are called upon to fill in for a regular member who cannot attend or is disqualified from voting on a particular case.
  3. No Leadership or Permanent Voting: Alternate members typically do not take on leadership roles (such as serving as the chair) and do not have permanent voting rights. They vote only when stepping in for a regular member and are expected to follow the same procedures as regular members during those instances.
  4. Ad-Hoc Involvement: Alternate members may participate in discussions and deliberations when acting in place of a regular member but generally do not take part in the decision-making process when a full board is present and all regular members are available.
  5. Annual Stipend: Alternate ZBA members will be paid an annual stipend of $500.00/year, plus a per meeting fee of $129.17 for every meeting that they are serving in place of a regular ZBA member.

ZBA Training

In New York State, there are no specific statewide mandatory training requirements for Zoning Board of Appeals (ZBA) members, including alternate members. However, there are recommended training practices and certain educational opportunities that both regular and alternate members should pursue to ensure they perform their roles effectively. These training efforts help members understand local zoning laws, procedures, and the broader legal and procedural context within which zoning decisions are made.

Recommended Training for Zoning Board of Appeals Alternate Members:

  1. Zoning and Land Use Law:
  • Overview of Zoning Law: It’s essential for alternate members to understand the basics of zoning law, including zoning ordinances, variances, special use permits, and land use regulations specific to the municipality.
  • Understanding New York State Zoning Enabling Act: This state law governs how municipalities can regulate land use, and alternate members should be familiar with it.

2. Local Zoning Code and Procedures:

  • Municipal Zoning Code: Familiarity with the specific zoning regulations of the municipality they serve is vital. Alternate members should understand the local zoning code, which will guide decision-making.
  • Board Procedures and Rules: Training on the procedures specific to the municipality’s ZBA, including how to review applications, conduct public hearings, and follow due process in rendering decisions.

3. Board of Appeals Procedures:

  • Hearing and Decision-Making Processes: Training in how to conduct and participate in hearings, including how to listen to testimony, review evidence, and make decisions based on law and facts.
  • Understanding of Case Law: It is helpful for alternate members to understand how previous zoning board decisions and court cases have shaped local practices.

4. Ethics and Conflicts of Interest:

  • Ethical Guidelines: ZBA members, including alternates, should receive training on ethics, especially concerning conflicts of interest, impartiality, and transparency.
  • Recusal Procedures: Alternate members should know when and how to recuse themselves from a case to avoid any potential bias or appearance of conflict.

5. Practical Training Workshops or Webinars:

  • NYC or County-Specific ZBA Training: While not mandatory, various organizations offer training for ZBA members:
    • New York Planning Federation (NYPF): Provides workshops and seminars on zoning and land use issues, which may include training specifically for ZBA members.
    • New York State Association of Towns: Offers annual conferences with training sessions on zoning and land-use topics.
    • Local Government Workshops and Seminars: Some municipalities provide in-house or regional workshops on zoning, land-use law, and administrative duties.

6. Online Courses or Webinars:

  • Various state and national organizations (e.g., the American Planning Association or the NYPF) offer online courses and webinars that focus on zoning law, land use, and the specific duties of ZBA members.

Training for Alternate ZBA Members vs. Regular Members:

While training for alternate members may not differ significantly from regular members, there are a few distinctions:

  • Regular Members: Are generally expected to attend training more frequently, as they are present at all meetings and decision-making events. They may also need to keep up with new legal developments and zoning best practices.
  • Alternate Members: While they may not need to attend every session or training event, they should still complete the necessary training to understand zoning law and local regulations thoroughly. They must be prepared to step in and make decisions with minimal preparation, meaning their understanding of the law and procedures is just as important as that of regular members when they are called to serve.