A.
A Board of Appeals consisting of five members is hereby established
as provided by the Village Law. Each member of said Board shall be
appointed by the Board of Trustees for five years and shall serve
without pay.
B.
Alternate members.
[Added 2-25-1999 by L.L. No. 1-1999[1]]
(1)
Pursuant to the Municipal Home Rule Law, Village Law § 7-712(11)
is hereby repealed and superseded in its application to the Village
of Hewlett Bay Park.
(2)
Subject to the approval of the Board of Trustees, the Mayor may appoint
not more than three alternate members of the Board of Appeals, to
serve in order of seniority in place of any members of the Board of
Appeals, or senior alternate members, who are unable for any reason
to attend any particular meeting of the Board. The alternate members
of the Board shall have all of the powers and duties of regular members
at such times as the alternate members are serving. Such alternate
members shall be appointed for terms of one official year each.
The Board of Appeals shall have such duties and powers as are
specifically granted by law and in other sections of this chapter,
and, in addition, 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 power in passing upon appeals, in
specific cases and after public notice and hearing, to vary or modify
the application of any of the provisions or regulations of this chapter
so that the spirit of this chapter shall be observed, public safety,
health and welfare secured and substantial justice done.
[Added 11-15-2010 by L.L. No. 2-2010]
Section 7-712-a, Subdivision 13, of the Village Law is hereby
amended and superseded in its application to the Village, to read
as follows:
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"13. Decisions. (a) Except as otherwise provided in Village
Law § 7-712-a, Subdivision 12, every motion or resolution
of the Board of Appeals shall require for its adoption the affirmative
vote of a majority of all the members of the Board as fully constituted
regardless of vacancies or absences. The failure of the Board to adopt
a decision within any specific period of time shall constitute neither
a denial nor an approval. Where an action is the subject of a referral
to the county planning agency or regional planning council, the voting
provisions of § 239-m of the General Municipal Law shall
apply.
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(b) The Board of Appeals may render its decision on any appeal
or application in a short-form format, summarily setting forth the
Board's determination and conditions, if any, without enumerating
findings or conclusions which formed the basis for the determination.
Within 30 days after filing of the short-form decision in the office
of the Village Clerk, any appellant, applicant, or other person or
persons jointly or severally aggrieved by the decision may file a
written demand with the Village Clerk requesting that the Board of
Appeals render its decision in a format containing the findings and
conclusions which formed the basis for the Board's determination.
The Village Clerk shall promptly deliver such written demand to the
Chair, who shall promptly convene a meeting of the Board to render
such long-form decision.
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(i) 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. Where the Board renders or is required
to render a long-form decision, the date of filing of the long-form
decision with the Clerk shall be deemed the date of filing of the
Board's decision for all purposes."
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[Added 11-9-1981 by L.L. No. 3-1981]
In exercising the powers conferred upon the Board of Appeals by § 146-33, 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 § 146-33, and if it does so refuse, the applicant shall not be entitled to the relief sought and shall comply with the provisions of this chapter stated to control in the absence of such variance, exception, permit or approval by the Board of Appeals.
B.
For the purpose of § 146-33, the objective of the zoning regulations is to preserve and develop the Village of Hewlett Bay Park as a place for fine one-family homes on large, Hewlett Bay Park as a place for fine one-family homes on large, well-planted and landscaped sites, with ample open space, similar in character to a majority of the dwellings situated the Village at the date of adoption of this amendment.
C.
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.
[Added 3-17-2008 by L.L. No. 1-2008]
A.
Each variance granted by the Board of Appeals shall expire one year
from the date the determination of the Board granting the variance
is filed, unless the determination of the Board granting such variance
imposes a different period of time; provided, however, that if substantial
construction has taken place within such time in accordance with the
plans for which such variance was granted, the variance shall remain
in effect as provided by law and in accordance with any conditions
imposed by the Board of Appeals.
B.
In an appropriate case, the Board of Appeals may impose a condition
that a permit shall expire after a period of time stated in the Board
determination.
C.
When the Board of Appeals has granted any variance or permit upon
conditions, such variance or permit shall be null and void in the
event the conditions are not fulfilled or performed within the time
provided by law, unless the Board of Appeals extends such period of
time.
D.
The Board of Appeals may extend for an additional period of time
the time in which conditions of an approval of a variance or permit
must be fulfilled or performed, upon written application in a form
acceptable to the Board. Such application may be made before or after
the expiration of the time in which such conditions are required to
be fulfilled or performed.
(1)
Where the requested extension of time will not remain in effect
more than six months after the original expiration date, the Board
of Appeals may determine whether a public hearing is required for
any such extension of time, or may waive any requirement for a public
hearing for any such extension of time.
(2)
Where the requested extension of time will remain in effect
more than six months after the original expiration date, the Board
of Appeals shall hold a public hearing with respect to such application.
The Board of Appeals shall make rules as to the manner of filing
appeals or applications for special exceptions or variance from the
terms of this chapter.
[Amended 12-5-2017 by L.L. No. 1-2017]
Upon the filing of a completed application with the Board of
Appeals, and upon payment of the required fee and deposit, if any,
the Board shall fix a time and place for a public hearing, and notice
of such hearing shall be provided as follows:
A.
The Board of Appeals shall publish or cause to be published a notice
of the public hearing in the official Village newspaper at least five
days prior to the date of the public hearing.
B.
The applicant shall prepare a map (in form required by the Village)
showing the names of the owners of all parcels of property located
within a radius of 300 feet of the subject property, measured from
all points of the property lines of the subject premises. At least
10 days but not more than 20 days prior to the scheduled date of the
hearing, the applicant shall send a copy of the notice of public hearing
(on the form provided by the Village) to all such owners in a manner
authorized by the Board of Trustees by resolution, from time to time.
(1)
The names of said owners shall be taken as they appear on the last
completed tax roll of the Village, except that the addresses must
be those of the actual places of residence of the addressees.
(2)
The applicant shall file or cause to be filed a radius map and an
affidavit of mailing (on the form provided by the Village), having
attached thereto a true and complete copy of the notice of public
hearing, with the Village Clerk not less than three days prior to
the scheduled date of the public hearing, together with any return
receipt cards or returned or undeliverable envelopes. Failure to deliver
the radius map, the affidavit of mailing, and the return receipt cards
or returned or undeliverable envelopes, if the manner of service requires
return receipt cards, to the Village in accordance with this section
may result in the application being stricken from the calendar.
The notices required by § 146-36 shall state the location of the building or lot and the general nature of the question involved.
[Amended 11-8-1989 by L.L. No. 25-1989][1]
In cases brought before the Board of Appeals, the petitioner
or appellant shall, at the time of filing his petition or notice of
appeal, pay to the Village Clerk a filing fee, which shall be utilized
to defray the cost of the public hearing, including cost of publication,
posting, clerical and professional services. The amount of such fee
shall be as established by the Board of Trustees.
