[HISTORY: Adopted by the Board of Trustees of the Village of Great
Neck Estates 11-14-2002 by L.L. No. 1-2002 (Ch. 30 of the 1981 Code). Amendments
noted where applicable.]
The provisions of this chapter are intended to override any contrary
law or judicial determination which allows or permits a decision to be made
by any municipal board or body without the affirmative action of at least
a majority of the whole membership of such board or body. Without limitation,
the intention of this chapter is to override the effects of the decision of
the New York Court of Appeals in Tall Trees Construction Corp. v. Zoning Board
of Appeals of the Town of Huntington. Also without limitation, it is the intention
of this chapter to ensure that no approval or authorization shall be issued
or made by any board or body of the Village by default, or by inaction or
failure to act within any particular period of time. This chapter shall apply
to all boards of the Village of Great Neck Estates, and any official Village
body which has power or authority to make final determinations with respect
to matters pending before such body, whether the members of such board or
body are appointed or elected.
A.
In addition to any other provisions of the Village Law
of the State of New York which may heretofore or hereafter have been superseded,
amended or repealed by any other provision of the Code of the Village of Great
Neck Estates, or any local law adopted by the Village of Great Neck Estates,
pursuant to Municipal Home Rule Law § 10, Subdivision 1(ii), Village
Law § 7-712-a, Subdivision 4, is hereby repealed in its application
to the Village of Great Neck Estates, and a new § 7-712-a, Subdivision
4, is enacted in its place and stead, to read as follows:
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"4.
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Hearing appeals. Unless otherwise provided by local law, the jurisdiction
of the Board of Appeals shall be appellate only and shall be limited to hearing
and deciding appeals from and reviewing any order, requirement, decision,
interpretation, or determination made by the administrative official charged
with the enforcement of any local law adopted pursuant to this article. The
concurring vote of a majority of such Board shall be required, as provided
in the Village Code of the Village of Great Neck Estates, and shall be necessary
for a determination of any matter considered by such Board. Such appeal may
be taken by any person aggrieved, or by an officer, department, board or bureau
of the Village."
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B.
This chapter shall apply to any determination or issuance
of an application, decision, motion, action, approval or other matter (hereinafter
referred to as an "action") pending before any board or body authorized to
make a final determination with respect to such action.
A.
No board or body of the Village having the power or authority
to make a final determination with respect to any matter within the jurisdiction
of such board or body shall take any action to grant, grant with conditions,
deny, deny with conditions, modify, or otherwise determine any action pending
before such board or body, except with the concurring affirmative vote of
at least a majority of the whole number of members of such board or body (as
if no positions on such board or body were vacant). By way of example, if
a board or body consists of five authorized members, regardless of the number
of members actually appointed to such board or body, or the number of members
of such board or body present at the time of the vote, no action shall be
taken by such board or body except upon the affirmative vote of at least three
members of such board or body.
B.
Notwithstanding the foregoing, where any provision of
law requires an affirmative vote of a greater number or proportion of the
members of such board or body, the affirmative vote of such greater number
shall be required to take any action as described in this chapter.
C.
Notwithstanding the provisions of this chapter, consistent
with the rules or procedures of any board or body of the Village, the chair
of such board or body, or a member of such board or body lawfully exercising
the authority of the chair of such board or body, may:
D.
In determining whether an affirmative vote has been cast
by any particular member of a board or body, an abstention or absence shall
not be counted either as an affirmative vote or a negative vote.
E.
For the purposes of determining whether a board or body
has approved any action by a concurring affirmative vote as required by law,
the failure to obtain a necessary majority to approve such action shall not
be considered an action to approve the converse of the action proposed in
the motion. Where the vote of a body or board is less than the required affirmative
vote to adopt or approve an action, the action shall be considered to have
been defeated, and the body or board shall not be deemed or considered to
have taken any action on the substance of the matter pending before the board
or body by virtue of such defeat of any action.
