[Amended 9-11-2000 by L.L. No. 5-2000]
A.
Section 7-712, Subdivisions 2, 4, 5 and 6, of the Village Law of the State of New York, are hereby superseded and amended in relation to the Village of Great Neck Estates, and the following provisions of this Subsection A shall apply in their place and stead:
[Amended 6-10-2013 by L.L. No. 4-2013]
(1)
The
Board of Appeals of the Village of Great Neck Estates shall consist
of five members. The Mayor shall appoint the members and the Chair
of said Board of Appeals, subject to the approval of the Board of
Trustees. In the absence of the Chair, the members of the Board of
Appeals present and participating in any meeting may designate a member
to serve as acting Chair. The members of the Board of Appeals shall
serve without compensation, but may be reimbursed for actual expenses.
The Board of Trustees may appoint counsel for the Board of Appeals,
and may provide for compensation to be paid to counsel, experts, clerks
and a secretary and provide for such other expenses as may be necessary
and proper, not exceeding the appropriation made by the Board of Trustees
for such purpose.
[Amended 10-8-2015 by L.L. No. 7-2015]
(2)
The
members of the Board of Appeals now in office shall continue in office
for the duration of their respective terms, and upon expiration of
such terms their successors shall be appointed and qualified as provided
by law.
[Amended 10-8-2015 by L.L. No. 7-2015]
(3)
No
person who is a member of the Village Board of Trustees shall be eligible
for membership on such Board of Appeals.[2]
[2]
Editor’s Note: Former Subsection A(4), regarding the
number of members permitted to participate in any matter, which immediately
followed this subsection, was repealed 10-8-2015 by L.L. No. 7-2015.
B.
Alternate members.
(1)
Pursuant to the Municipal Home Rule Law, Village Law
§ 7-712, Subdivision 11, is hereby repealed and superseded
in its application to the Village of Great Neck Estates.
(2)
Subject to the approval of the Board of Trustees,
the Mayor may appoint not more than six alternate members of the Board
of Appeals, to serve in order as designated by the Chair of the Board
in place of any members of the Board of Appeals who are unable, for
any reason, to attend any particular meeting of the Board. The alternate
members of the Board shall have all of the powers and duties of regular
members at such times as the alternate members are serving. Such alternate
members shall be appointed for terms of one official year each.
[Amended 6-14-2004 by L.L. No. 4-2004; 5-14-2012 by L.L. No.
8-2012]
[1]
Editor's Note: By resolution adopted 4-5-1976,
the Board of Trustees abolished the Board of Appeals as created by
and continued in Ord. No. 9, as amended, and created a new Board of
Appeals in conformity with § 7-712 of the Village Law, to
consist of five members and to have the powers and duties prescribed
by law as well as those powers and duties theretofore prescribed.
This action was taken as changes in New York State statutes adopted
subsequent to establishment of the Board by the Village required that
certain alterations be made in the format of the Board.
[Added 10-4-2010 by L.L. No. 3-2010]
A.
Section
7-712-a13 of the Village Law is hereby amended, and superseded in
its application to the Village, to read as follows: "Wherever the
vote of a majority of the entire Board is required to make a determination
or adopt a resolution, the affirmative vote of at least three members
or alternate members of the Board shall be required. Wherever the
vote of more than a majority is required, the number of required votes
shall be calculated as if the entire Board consisted of five members.
The failure of the Board to adopt a decision within any specific period
of time shall constitute neither a denial nor an approval. Where an
action is the subject of a referral to the county planning agency
or regional planning council, the voting provisions of § 239-m
of the General Municipal Law shall apply."
[Amended 6-10-2013 by L.L. No. 4-2013]
B.
The
Board of Appeals may render its decision on any appeal or application
in a short-form format, summarily setting forth the Board's determination
and conditions, if any, without enumerating findings or conclusions
which formed the basis for the determination. Within 30 days after
filing of the short-form decision in the office of the Village Clerk,
any appellant, applicant or other person or persons jointly or severally
aggrieved by the decision may file a written demand with the Village
Clerk requesting that the Board of Appeals render its decision in
a format containing the findings and conclusions which formed the
basis for the Board's determination. The Village Clerk shall promptly
deliver such written demand to the Chair, who shall promptly convene
a meeting of the Board to render such long-form decision. Where the
Board renders a short-form decision and no written demand requesting
a long-form decision is filed within the required thirty-day period,
the date of filing of the short-form decision with the Village Clerk
shall be deemed the date of the filing of the Board's decision for
all purposes. Where the Board renders or is required to render a long-form
decision, the date of filing of the long-form decision with the Clerk
shall be deemed the date of filing of the Board's decision for all
purposes.
[Amended 12-11-2000 by L.L. No. 6-2000]
The Board of Appeals shall have power to adopt
and amend rules for its procedures, subject to approval by the Board
of Trustees. Existing rules and practices are continued until repealed
or amended.
[Amended 5-5-1969 by Ord. No. 116; 11-3-1975 by L.L. No. 9-1975; 2-13-1978 by L.L. No. 1-1978; 4-12-2004 by L.L. No. 1-2004]
The applicant shall submit with the application a fee to cover the cost of publication and incidental and related expenses. The application fee shall be as set forth in Chapter 109, Fees.[1]
[1]
Editor's Note: Former § 128-74,
Standards for variance, as amended, which immediately followed this
section, was repealed 8-18-2003 by L.L. No. 3-2003.
[Amended 4-12-2004 by L.L. No. 1-2004]
In addition to the powers granted to the Board
of Appeals by the Village Law, the Board of Appeals shall have the
following special powers:
A.
Where the street layout actually on the ground varies
from the street layout as shown on the Zoning Map, the use and other
designations shown on the map shall be applied to the ground by the
Board of Appeals in such a way as to carry out the intent and purpose
of the map for such particular section.
B.
The Board of Appeals may determine and establish the
true location of district boundaries in any disputed case.
C.
The Board of Appeals may permit any public utility
in a restricted zone if it shall be satisfied that public convenience
and necessity require it.
D.
The Board of Appeals may determine, in the case of
an irregular lot or in a disputed case, the identity of the front,
rear or side of a building and the location and size of the front
yard, rear yard and side yards thereof.
E.
The Board of Appeals may act upon the extension of
an existing nonconforming building or the erection of a supplementary
building on the same lot, even though said supplementary building
extends into a more restricted district, all under such conditions
as will safeguard the character of the district and of the more restricted
district.
F.
The Board of Appeals may grant a permit wherever it
is provided in this chapter that the approval of the Board of Appeals
is required.
G.
The Board of Appeals may exercise any and all of the
powers conferred upon it directly or by implication by this chapter
or by any other ordinance.
[Added 5-12-2014 by L.L. No. 8-2014]
A.
This section shall apply whenever a board or agency of the Village
has authority or jurisdiction to approve a special use permit.
B.
Unless otherwise expressly provided by law, no special use permit
shall be issued without a public hearing.
C.
Pursuant to the authority granted in Municipal Home Rule Law § 10,
the provisions of Village Law § 7-725-b(6) are hereby superseded
and amended in their application to the Village of Great Neck Estates,
and with respect to such Village, said section is amended to read
as follows:
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6. Public hearing and decision on special use permit. Where
a public hearing is required prior to approval of a special use permit,
the board or agency with authority to approve such permit shall commence
a public hearing with respect to any such special use permit within
62 days from the day a complete application is received with respect
to any matter referred to it or within its jurisdiction. Where review
of such application is required pursuant to the State Environmental
Quality Review Act,[1] and the board or agency is the lead agency, no such application
shall be complete until the latest of issuance of a negative declaration
or acceptance of a final environmental impact statement by the lead
agency. Where said board or agency is not the lead agency, no such
application shall be complete until a determination by the chair of
the Board that the application is complete, or the issuance of a negative
declaration or a findings statement by the lead agency, whichever
last occurs. At least 14 days prior to the commencement of such hearing,
the applicant shall mail notice of said hearing to all persons and
in the same manner as required for notice of a public hearing with
respect to a zoning variance. The Village shall publish and post notice
of such hearing in the official newspaper at least 10 days prior to
the hearing date, and shall give such other notice as may be required
by law and such additional notice as the Board of Trustees shall determine.
The board or agency with jurisdiction to do so shall make a decision
with respect to such application within 62 days after the conclusion
of such public hearing. No decision with respect to such application
shall be made by operation of law, and all decisions shall require
the affirmative vote of at least a majority of the members of the
board or agency with jurisdiction to determine the application. The
time periods to commence a hearing or to render a decision may be
extended by mutual consent of the applicant and the board or agency.
The decision of the board or agency shall be filed in the office of
the Village Clerk within five business days after such decision is
rendered, and a copy thereof shall be mailed to the applicant and
to any other person requesting the same and providing a postage-paid
mailing envelope. Nothing herein shall preclude the holding of a public
hearing on any matter on which a public hearing is not so required.
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[1]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
In granting permits and approvals and exercising
the powers conferred upon the Board of Appeals, the Board shall be
governed by the following conditions, limitations and standards:
A.
No person shall be entitled as a matter of right to
a variance, permit, approval or other action by the Board of Appeals.
Notwithstanding the provisions of this chapter or any evidence presented
to it, the Board of Appeals may refuse to exercise the powers conferred
upon it, and if it does so refuse, the applicant shall not be entitled
to the relief sought and shall comply with the provisions of this
chapter which control in the absence of such variance, exception,
permit or approval by the Board of Appeals.
C.
No action shall be taken by the Board of Appeals the
effect of which, in the judgment of the Board, may impair the value
or desirability of properties in the Village for residential purposes
of said character or which may permit the introduction into the Village
of a type of development not established therein at the date of adoption
of this chapter.
D.
In granting any relief, the Board of Appeals may impose
conditions which in its judgment will tend to carry out the purpose
of this section, including but not limited to requiring larger size
of lot or larger front or side yards or greater street frontage than
required by this chapter for the district in which said property is
situated.
E.
In case conditions are imposed, the Board may require
the applicant to furnish the bond of a surety company satisfactory
to the Board in an amount fixed by the Board, to assure the performance
of such conditions.[1]
[1]
Editor's Note: Former Subsection F regarding
granting of variances, which immediately followed this subsection,
was repealed 3-11-1996 by L.L. No. 1-1996 as amended 7-8-1996 by L.L.
No. 7-1996.
F.
Amendments of decisions.
[Added 7-14-2008 by L.L. No. 5-2008]
(1)
In any case where the Board of Appeals has imposed
a condition which requires that an applicant obtain permits, complete
construction, or perform any act within a specified period of time,
the Board may consider and determine an application to extend or enlarge
such period of time without a public hearing. Such applications may
be made by letter, signed by the applicant or the applicant's authorized
agent, or in such other written form as may be required by the Board
of Appeals, and may be filed prior to, or after, the expiration of
the period of time which is sought to be extended or enlarged. In
its discretion, the Board of Appeals may require a public hearing
with respect to such an application where the Board concludes that
circumstances may have changed since the date of the determination
in which the condition was imposed or previously enlarged or extended,
or where the Board identifies other circumstances which would warrant
a public hearing.
(2)
The Board of Appeals may consider and determine applications
to amend a prior determination, other than with respect to the time
in which to perform or complete an act. Such applications may be made
by letter signed by the applicant or the applicant's authorized agent,
or in such other written form as the Board may determine. No such
application shall be determined except after a public hearing held
on such notice as required for an application for a variance.
