[Amended 7-26-1956 by Ord. No. 47]
A.
The Board of Appeals heretofore established is hereby
continued.
B.
After the effective date of this amendment, it shall
consist of five members.
C.
The terms of members now in office shall expire at
the end of the current official year. Thereafter, the Mayor, with
the consent of the Board of Trustees, shall reappoint them or any
successors to new terms as follows: one member to a term of five years,
one member to a term of four years, one member to a term of three
years, one member to a term of two years, and one member to a term
of one year. All further appointments of members shall be for terms
of five official years.
[Amended 12-14-2006 by L.L. No. 6-2006]
D.
They shall annually appoint from their own number
an Acting Chairman and a Secretary.
E.
They shall serve without pay.
F.
Up to two alternate members of the Zoning Board of
Appeals shall appointed by the Village Mayor or other duly appointing
authority, for a term of two years.
[Added 7-8-2004 by L.L. No. 1-2004[1]]
[1]
Editor's Note: This local law also provided
that it is adopted pursuant to the provisions of § 10 of
the NYS Municipal Home Rule Law and § 10 of the NYS Statute
of Local Governments and that it is the intent of the Board of Trustees,
pursuant to § 10 of the NYS Municipal Home Rule Law, to
supersede the provisions of § 7-712 of the Village Law relating
to the appointment of members to the Village Zoning Board of Appeals.
G.
The Chairperson of the Zoning Board of Appeals may
designate an alternate member to substitute for a member when such
member is unable to participate on an application or matter before
the Board. If two alternate members are appointed, the Chairperson
shall rotate the designation of alternate members (unless one of the
alternate members is absent or unable to participate on an application
or matter before the board). When so designated the alternate member
shall possess all the powers and responsibilities of such member of
the board. Such designation shall be entered into the minutes of the
initial Zoning Board of Appeals meeting at which the substitution
is made.
[Added 7-8-2004 by L.L. No. 1-2004]
H.
All provisions of state law relating to Zoning Board
of Appeals members eligibility, vacancy in office, removal, compatability
of office and service on other boards, as well as any provisions of
a local law or local ordinance relating to training, continuing education,
compensation and attendance, shall also apply to alternate members.
[Added 7-8-2004 by L.L. No. 1-2004]
I.
Use of alternate members is hereby authorized for,
but not limited to situations when members are ill, members on extended
vacation, or members who have a conflict of interest on a specified
matter before the Board.
[Added 7-8-2004 by L.L. No. 1-2004]
[Amended 4-10-1986 by L.L. No. 1-1986]
All meetings of the Board of Appeals, except
for the purpose of deliberation, shall be public. A quorum shall consist
of three members. The concurring vote of a majority of the entire
Board shall be necessary for a decision. They shall have power from
time to time to make rules as to the manner of filing appeals and
applications for variances from the terms of this chapter and shall
be otherwise bound by the provisions of the Village Law. Existing
rules and practice are continued until repealed or amended.
[Amended 5-12-1960 by Ord. No. 64]
The applicant shall pay upon filing his application
the fee provided by Chapter A149, Fees, of this Code.
When there are practical difficulties or unnecessary
hardships in the way of carrying out the strict letter of this chapter,
the Board of Appeals shall have the power in passing upon applications
to vary or modify the application of any of the provisions or regulations
of this chapter relating to the use, construction or alteration of
buildings or the use of land, so that the spirit of this chapter shall
be preserved, public safety and welfare secured and substantial justice
done.
In addition to the powers prescribed in § 145-71 and 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 Building Zone Map, the use
and other designation 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 requires 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 of the front yard, rear
yard and side yards thereof.
E.
The Board of Appeals may establish appropriate requirements,
in conformity with the general purposes and intent of this chapter,
for irregular lots or lots of less than the required area, frontage
or depth, in any district existing at the effective date of this chapter.
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.
In granting permits, approvals and exercising the powers conferred upon the Board of Appeals by §§ 145-71 and 145-72, the Board of Appeals 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 by § 145-72, and if it does so refuse, the applicant shall not be entitled to the relief sought and shall comply with the provisions of the Building Zone Ordinance stated to control in the absence of such variance, exception, permit or approval by the Board of Appeals.
B.
The power of the Board of Appeals under § 145-72 is not limited to cases where there are practical difficulties or unnecessary hardship, but the Board of Appeals shall act only in such a manner as, in the judgment of the Board, will be in harmony with the provisions and purposes of this chapter, preserve the spirit of this chapter, secure public safety and welfare and do substantial justice.
C.
For the purpose of §§ 145-71 through 145-73, the objective of the zoning regulations is to preserve and develop the Village of Hewlett Harbor as a place for fine one-family homes on large well planted and landscaped sites, for year-round occupancy, similar in character to a majority of the dwellings situated in the Village at the date of adoption of this amendment.
D.
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 character 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 the adoption of this amendment.
E.
In granting any such relief, the Board of Appeals may impose conditions which in its judgment will tend to carry out the purposes of this § 145-73, including but not limited to requiring larger size of lot, or smaller building area, or larger front, rear or side yards, or greater street frontage, than required by this chapter for the district in which said parcel is situated, or prescribing the minimum floor area or cubic content of the building, or the minimum number of rooms, or determining the location of the proposed structure or the landscaping thereof.
F.
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.
