[Amended 9-25-2007 by L.L. No. 9-2007]
A. A Board of Appeals shall consist of five members appointed
by the Mayor, subject to approval by the Village Board. No person
who is a member of the Village Board shall be eligible for membership
on such Board of Appeals. In addition, the Mayor, upon approval of
the Village Board, may appoint up to two additional persons as alternates,
who shall serve by designation of the Chairman of the Board of Appeals,
by reason of the absence of one or more members of the Board of Appeals,
in situations where such absence would disable the Board of Appeals
from its ability to perform Village business. Of the members of the
Board first appointed, one shall hold office for a term of one year,
one for the term of two years, one for the term of three years, one
for the term of four years and one for the term of five years from
and after appointment. The successors to the members of the Board
of Appeals shall be appointed for terms of five years from and after
the expiration of the terms of their predecessors in office. Alternates
shall be appointed for a term of five years. If a vacancy shall occur
in the regular membership of the Zoning Board of Appeals, it shall
be filled by appointment for the unexpired term of the vacant member.
An alternate may be appointed as a member for such unexpired term.
If a vacancy shall occur otherwise than by expiration of term for
an alternate, such term shall be filled by the Mayor, subject to approval
of the Village Board, by appointment for the unexpired term of the
alternate.
B. The Mayor, subject to approval by the Village Board,
shall designate a Chairman of the Board of Appeals and a Vice Chairman
to preside in the absence of the Chairman. In the absence of both
Chairman and Vice Chairman, the Board of Appeals shall choose one
of its members as Acting Chairman. The Chairman or Acting Chairman
may administer oaths and compel the attendance of witnesses. The Chairman
or Acting Chairman may also designate an alternate to perform the
duties of a member, in the event that a quorum for conduct of business
of the Board of Appeals is not present. The Chairman or Acting Chairman
may designate both alternates to serve as members in the event that
both are required to establish a quorum for the conduct of business.
C. The Board of Appeals shall adopt such rules and regulations
as it may deem necessary to carry into effect the provisions of this
chapter, shall take minutes of all its meetings and keep a record
of its proceedings and its vote on every question. All meetings of
the Board shall be open to the public.
D. Once designated to serve on a particular matter before
the Board of Appeals, alternates shall have the same powers and duties
as members of the Board, until that matter is concluded. Any determination
of said Board consisting of an alternate or alternates shall have
the same weight and be entitled the same authority as the actions
of the regular Zoning Board of Appeals, and all laws, statues and
regulations shall apply and be applied with equal force and effect.
Such alternates appointed pursuant to this section shall be paid for
their respective services as fixed by resolution of the Board of Trustees.
E. Alternates shall be subject to all provisions of state
law related to Zoning Board of Appeals membership, vacancy in office,
removal, compatibility in office and service on other boards, as well
as any provisions of local laws.
The office of the Village Clerk shall be the
office of the Board of Appeals, and every rule, regulation, amendment
or repeal thereof and every order, requirement, decision or determination
of the Board shall immediately be filed in said office as required
by § 7-712 of the Village Law of the State of New York.
Any officer, department, board or bureau of
the Village, with the approval of the Village Board, or any person
or persons aggrieved by any decision of the Board of Appeals may apply
for relief by a proceeding under Article 78 of the Civil Practice
Law and Rules.