[Amended 8-10-1998 by L.L. No. 5-1998; 10-5-1998 by L.L. No.
9-1998; 8-14-2000 by L.L. No. 6-2000; 10-15-2018 by L.L. No. 5-2018; 9-13-2021 by L.L. No. 10-2021]
A.
There
shall be a Board of Appeals established in accordance with the provisions
of the Village Law of the State of New York. Said Board shall consist
of five members and two alternate members and shall be appointed as
provided by statute.
B.
Alternate
members.
(1)
Appointment.
Alternate members of the Board of Appeals shall be appointed by the
Mayor subject to the approval of the Board of Trustees for a term
of one year. A maximum of two alternate members may be appointed.
Each alternate member shall be designated as either "First Alternate"
or "Second Alternate," and each shall be called upon to serve on a
rotation basis because of a conflict of interest or when a member
is absent or unable to participate on an application or matter before
the Board.
(2)
Designation.
The Chairperson of the Board of Appeals shall immediately designate
an alternate to substitute for a member when such member is unable
to participate on an application or matter before the Board. Alternates
shall be designated in order of priority. If an alternate member is
not available to serve on a date when such alternate member is called
to serve, then the next alternate member shall be called to serve.
Such designation shall be entered into the minutes of the Board of
Appeals meeting at which the substitution is made. Upon designation,
the alternate members shall possess all of the powers and responsibilities
of regular members.
(3)
New
York State law controlling. All provisions of state law relating to
Board of Appeals member eligibility, vacancy in office, removal, compatibility
of office and service on other boards, as well as any education, compensation
and attendance, shall also apply to alternate members.
(4)
Supersession
of Village Law. This section is hereby adopted pursuant to the provision
of § 10 of the New York State Municipal Home Rule Law. It
is the intent of the Board of Trustees, pursuant to § 10
of the New York State Municipal Home Rule Law, to supersede and amend
the provisions of § 7-712 et seq. of the Village Law relating
to the appointment of alternate members to the Village Board of Appeals.
C.
Secretary
to the Board of Appeals. The Mayor, subject to the approval of the
Board of Trustees, may appoint a secretary to the Board of Appeals
to assist in performing its functions and may also provide for compensation
to be paid to the secretary not exceeding the appropriation made by
the Board of Trustees for such purpose.
All meetings of the Board of Appeals shall be
public. The presence of a majority of the members shall be necessary
for a quorum. The Clerk of the Board shall keep minutes of its proceedings
showing the vote of each member upon every question or, if absent
or failing to vote, indicating that fact. He shall also keep a record
of the examination and other official actions of the Board. Every
rule, regulation, amendment or repeal thereof and every order, requirement,
decision or determination of the Board shall immediately be filed
in the office of the Board and shall be a public record.
[Amended 10-11-2022 by L.L. No. 4-2022]
The concurring vote of a majority of the Board
shall be necessary to reverse any order, requirement, decision or
determination of the Building Inspector or any other such administrative
official or to decide in favor of the applicants any matter upon which
it is required to pass under this chapter. Any appeal may be taken
by any person aggrieved or by an officer, department, board or bureau
of the Village. Such appeal shall be taken within 90 days of any order,
requirement, decision or determination of the Building Inspector or
any other such administrative official being filed with the Village
Clerk and by filing with the Board of Appeals a notice of appeal specifying
the grounds of the appeal. The Building Inspector or any other such
administrative official shall forthwith transmit to the Board all
the papers constituting the record upon which the action appealed
from was taken.
[Amended 12-10-1990 by L.L. No. 2-1990]
The fee required upon filing an appeal for a
variance or any application for a hearing before the Board of Appeals
shall be as set forth in a schedule of fees adopted by resolution
of the Board of Trustees of the Village of Lake Success.[1] In the event that the appeal or application is withdrawn
by the applicant prior to the advertisement of the public hearing,
the applicant shall be entitled to a refund of 50% of any application
fee paid, upon filing a claim for such refund with the Village Clerk
and the Board of Trustees.
The Board of Appeals shall fix a reasonable
time for the hearing of the appeal and give due notice to the parties
and decide the same within a reasonable time. Upon the hearing, any
party may appear in person or by agent or by attorney. The Board of
Appeals may reverse or affirm, wholly or partly, or may modify the
order, requirement, decision or determination appealed from and shall
make such order, requirement, decision or determination as, in its
opinion, ought to be made in the premises and, to that end, shall
have all the powers of the Building Inspector or any other administrative
official from whom the appeal is taken. Where there are practical
difficulties or unnecessary hardships in the way of carrying out the
strict letter of such ordinance, the Board of Appeals shall have the
power in passing upon the appeals to vary or modify the application
of any of the regulations or provisions of such ordinance relating
to the use, construction or alteration of buildings or structures
or the use of land, so that the spirit of the ordinance shall be observed,
public safety and welfare secured and substantial justice done.
