Village of Muttontown, NY Chapter 18 Appeals, Board of

[HISTORY: Adopted by the Board of Trustees of the Village of Muttontown 2-13-1989 by L.L. No. 1-1989; amended in its entirety 9-11-2000 by L.L. No. 3-2000. Subsequent amendments noted where applicable.]

§ 18-1 Amendment of Village Law § 7-712.

[Amended 6-12-2007 by L.L. No. 3-2007]

Section 7-712 of the Village Law is hereby amended, pursuant to Municipal Home Rule Law § 10, in its application to the Village of Muttontown as follows:

A. A Zoning Board member may be substituted by the first alternate member when the first alternate's presence is necessary to constitute a quorum of the Board, on account of the absence or inability of a regular Board member to serve or function; a Zoning Board member may be substituted by the second alternate member when the second alternate's presence is necessary to constitute a quorum of the Board, on account of the absence or inability of two regular Board members to serve or function, or on account of the absence or inability of one regular Board member and the first alternate member to serve or function.

B. The Mayor shall appoint a Chairperson and Vice Chairperson of the Zoning Board of Appeals for terms of one year, respectively.

§ 18-2 Amendment of Village Law § 7-712-a.

Section 7-712-a of the Village Law is hereby amended, pursuant to Municipal Home Rule Law § 10, in its application to the Village of Muttontown as follows:

A. The Board of Appeals may render its decision on any appeal or application in a short-form format setting forth the Board's determinations 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 the 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 form the basis for the Board's determination. The Village Clerk shall promptly deliver this written demand to the Chairman of the Board of Appeals. The Chairman shall then cause the long-form decision to be prepared and, upon its approval by the Board, file it with the Village Clerk.

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 rendered or is required to render a long-form decision, the date of filing of the long-form decision with the Village Clerk shall be deemed the date of filing of the Board's decision for all purposes.

B. An appeal shall not stay any action or proceeding pending in Village Court or any court of record.