[Adopted 9-16-1998 by L.L. No. 3-1998]
A.
Section 7-712, Subdivision 2, of the Village Law authorizes
the Board of Trustees to establish a Zoning Board of Appeals consisting of
three or five members and sets forth the procedures for these appointments.
Section 7-718 of the Village Law authorizes the establishment of a Planning
Board consisting of five members. The Board of Trustees of the Incorporated
Village of Roslyn Harbor is desirous of appointing alternates to the Zoning
Board of Appeals and to the Planning Board to serve on each Board in the event
regular members of either Board are absent or otherwise unable to serve. Various
opinions of the New York State Attorney General have concluded that a Village
may, by local law, amend §§ 7-712 and 7-718 of the Village
Law to authorize appointments of alternates to the Zoning Board of Appeals
and to the Planning Board.
B.
The Board of Trustees is mindful of the fact that members
of both Boards are volunteers who must fulfill their duties as Board members
in addition to maintaining full-time employment. Often times, due to the press
of other business, it is difficult to obtain a quorum for the convening of
a meeting of either Board. This results in inconvenience and delay to applicants
before either Board.
C.
Accordingly, it is the intention of the Board of Trustees
to supersede Village Law §§ 7-712 and 7-718 in order to permit
alternate members to be appointed to the Zoning Board of Appeals and to the
Village Planning Board.
Pursuant to the authority set forth in Municipal Home Rule Law § 10,
Subdivision (1)(ii), and the New York State Constitution, Village Law § 7-712,
Subdivision 2, is hereby superseded as it applies to the Village of Roslyn
Harbor by adding the following to said section: "The Board of Trustees may
appoint two alternate members to the Zoning Board of Appeals to serve in the
event that regular members are absent or otherwise unable to serve. The Board
of Trustees shall have the authority to establish regulations defining the
conditions under which alternate members would serve."
Pursuant to the authority set forth in Municipal Home Rule Law § 10,
Subdivision (1)(ii), and the New York State Constitution, Village Law § 7-718,
Subdivision 1, is hereby superseded as it applies to the Village of Roslyn
Harbor and the following is added to said section: "The Board of Trustees
may appoint two alternate members to the Planning Board to serve in the event
that regular members are absent or otherwise unable to serve. The Board of
Trustees shall have the authority to establish regulations defining the conditions
under which alternate members would serve."
