The Board of Trustees shall appoint a Board
of Appeals consisting of five members as provided by the Village Law.
[Added 2-26-2002 by L.L. No. 1-2002]
A.
Pursuant to the Municipal Home Rule Law, Village Law
§ 7-712(11) is hereby repealed and superseded in its application
to the Village of Oyster Bay Cove.
B.
Subject to the approval of the Board of Trustees,
the Mayor may appoint not more than three alternate members of the
Board of Appeals, to serve in order of seniority in place of any members
of the Board of Appeals, or senior alternate members, 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.
The meetings and procedure of the Board of Appeals
shall be governed by the provisions of the Village Law of the State
of New York as amended from time to time. The Board of Appeals shall
have power from time to time to adopt, repeal and amend rules and
regulations not inconsistent with law or the provisions of this chapter
governing its procedure and the transaction of its business.
[Amended 7-24-2008 by L.L. No. 2-2008]
A.
Appellate jurisdiction. The Zoning Board of Appeals
shall, pursuant to the Village Law of the State of New York, as amended
from time to time by state or local action, hear and decide appeals
from and review any order, requirements, decisions or determinations
made by the Building Inspector, or other officer charged with the
enforcement of this chapter, and hear and decide all matters specifically
referred to it by the Planning Board or upon which it is required
to pass under any local law or ordinance.
(1)
Amendment of Village Law § 7-712-a. The
following subsections of § 7-712-a of the Village Law are
hereby amended in their application to the Village of Oyster Bay Cove,
New York, as follows:
(a)
Section 7-712-a-8 of the Village Law is amended
as follows:
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The Board of Appeals may render its decision
on any appeal or application in a short form format, setting forth
the Board's determination and conditions, if any, without enumerating
the findings which formed the basis for its determination. Any appellant,
applicant, or person or persons, jointly or severally aggrieved by
a decision of the Board, may within 30 days after the filing of the
short form decision in the office of the Village Clerk, file a written
demand with the Village Clerk requesting that the Board of Appeals
render its decision in a long form format containing findings which
formed the basis for the Board's determination. The Village Clerk
shall promptly deliver this written demand to the Chairman, who, upon
its approval by the Board, shall file it with the Village Clerk.
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In cases 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. In cases
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.
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B.
Additional powers of the Board of Appeals.
(1)
The Board of Appeals, in addition to its powers and
duties specified in the Village Law of the State of New York, shall
have the power to the extent hereinafter set forth, after public notice
and hearing, and subject to appropriate conditions and safeguards,
to determine and vary the application of the regulations herein established
in harmony with the purposes enumerated in said Village Law, and the
general intent and purposes of these regulations, as follows:
(a)
Permit a public utility building in any district.
(b)
Permit a municipal building in any district.
(c)
Grant in undeveloped sections of the Village
temporary and conditional permits for not more than two years for
structures and uses in contravention of requirements of this chapter.
(d)
Permit in a residence district a temporary and
conditional use of a plot or tract of land for the business or occupation
of construction and sale of dwellings and the buildings and structures
accessory thereto, and provide, in connection with said permit, regulations
for the conduct of such business and conditions under which construction
and sale of dwellings shall be permitted on the plot or tract for
which said permit is issued. No building permit shall be issued for
a building or structure authorized by the Board of Appeals under this
subsection unless the same shall conform with the permit granted by
the Board of Appeals and the conditions specified in connection therewith.
(e)
Permit any special exception specifically provided
for in this chapter.
(2)
The Board of Appeals may in appropriate cases provide that any permit granted under this Subsection B ("this subsection") shall be temporary and shall be effective only for the period fixed by the Board not beyond two years and any application for renewal of such permit shall be acted upon in the same manner as an initial application.
(3)
On all applications for permits under this subsection,
the Board of Appeals, in addition to requirements herein, shall give
consideration to the health, safety, morals, convenience and general
welfare of the Village and of its property owners and residents and
shall act in harmony with the general purpose and intent of the ordinance
and the applicable provisions of the Village Law.
(a)
The determination of the Board of Appeals on
all applications under this subsection shall be made in accordance
with the Comprehensive Plan and design set forth in this chapter with
the purpose and intent set forth in the title, subtitle and preamble
thereto and in § 7-704 of the Village Law, except as to
variances allowed on the ground of practical difficulty and unnecessary
hardship.
(b)
The Board of Appeals shall not authorize the
issuance of any permit under the provisions of this subsection unless
it finds that the proposed use of the property or the erection, alteration
or maintenance of the proposed building or structure.
[1]
Will not depreciate or tend to depreciate the
value of property in the Village;
[2]
Will not create a hazard to health, safety,
morals or general welfare;
[3]
Will not be detrimental to the neighborhood
or the residents thereof;
[4]
Will not alter the essential character of the
neighborhood; and
[5]
Will not be detrimental to public convenience
and welfare.
(4)
In considering any application under this subsection,
the Board shall give consideration to the following:
(a)
Accessibility of the premises for fire and police
protection.
(b)
Access of light and air top the premises and
of adjoining property.
(c)
Traffic problems, transportation requirements
and facilities; parking facilities.
(d)
Hazards from fire.
(e)
The size, type and kind of buildings and structures
in the vicinity where the public is apt to gather in numbers, such
as hospitals, churches, schools and the like.
C.
Before the Board of Appeals shall authorize the issuance
of any permit under this article, the owner of the plot or tract of
land shall submit a verified application setting forth:
(1)
Full name and address of the applicant.
(2)
If a farm or corporation, full name and residence
of each member of the firm or that of the principal officers of the
corporation, as the case may be.
(3)
Name and address of the architect.
(4)
Name and address of mortgagee, if any.
(5)
Address of the sales office (if a sales office is
to be on the plot or tract, the location thereof).
(6)
Number of dwellings intended to be constructed.
(7)
Distance from public water supply.
(8)
Land and Tax Map description of the plot or tract.
(9)
Period of time for which permit is requested.
D.
Accompanying said verified application, which shall
be construed as constituting a part thereof, shall be submitted:
E.
The Board of Appeals, in authorizing the issuance
of any permit under this article, may provide (which shall be in addition
to the provisions of this section) as a condition of the issuance
of such permit:
(1)
If the Board of Appeals finds that public facilities
or public utilities or any of them are inadequate to serve the new
construction or any part at the time when the permit is authorized,
then the construction of the dwellings shall be scheduled at such
time (within the period of the permit) as the public facilities or
public utilities will be available to serve such new construction.
(2)
That the dwelling erected on each plot shall be in
accordance with the elevations shown on the architect's drawings and
renderings for the dwelling to be erected on such plot.
F.
The Board of Appeals in considering any application
made under this article, shall, in conjunction with its review under
the provision of the Village Law, give consideration to the exterior
treatment of the dwelling or dwellings for which said application
is made.
G.
The same or similar exterior treatment of a dwelling
shall not be repeated for another dwelling within 900 feet thereof,
on the same street, nor shall the same or similar exterior treatment
of a dwelling be repeated on any corner plots of intersecting streets.
H.
EXTERIOR TREATMENT
The words "exterior treatment" as used herein are
defined as follows:
The distinct variety of treatment such as fenestration and
materials of fenestration, rooflines and materials of weather roofing,
treatment of entrances, entries to garage, orientation of building
to plot, exterior colors and materials, cornice treatment, style of
architecture, dormers and their roof treatment, the varied uses of
trellises, pergolas, sun screens and terraces, the use of cupolas,
dove cote, blinds, pitch of roofline and multiple stories.
The original jurisdiction of the Board of Appeals to determine and vary the application of these regulations as provided in § 320-61, upon an appeal from an order, requirement, decision or determination made by an administrative official of the Village, is hereby extended to include, and the Board of Appeals shall have the power to hear and determine applications for such variances made directly to the Board of Appeals for its action in the first instance, with the exception of applications made pursuant to § 320-61A(5) and such applications are hereby referred to the Board of Appeals.
[Amended 7-24-2008 by L.L. No. 2-2008]
Upon filing an application for an appeal to
the Board of Appeals, the applicant shall pay a fee at the time of
the filing of such application as set by resolution of the Board of
Trustees from time to time to defray the necessary costs and expenses
of hearing the application.
The Board of Appeals shall pass upon all applications made under § 320-61 or under any other sections of this chapter where the approval of the Board of Appeals is required.
