[HISTORY: Adopted by the Zoning Board of
Appeals 1-22-2001;[1] approved by the Board of Trustees 2-12-2001 (Ch. A131
of the 1981 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Prerequisites to applications — See Ch. 8.
Voting requirements for Village boards — See Ch. 72.
[1]
Editor's Note: This resolution repealed former
Ch. A131, Rules of Zoning Board of Appeals, adopted 8-4-1983, as amended.
The office of the Board of Appeals shall be
at the Village Hall for the Village of Great Neck Estates and shall
be open during regular business hours for the Village office.
The regular meeting date for the Board shall
be the third Thursday of each month; provided, however, that meetings
may be held on other dates when deemed necessary by the Chair of the
Board or a majority of the members of the Board.
Applications for relief may be made to the Board
directly, without prior application to the Building Department of
the Village, only where expressly permitted by law. If a building
permit is required to effect such purpose, no application for relief
may be filed with the Board unless the Building Department has issued
a prior determination with respect to such building permit and such
application for relief is filed within the time required by law. No
application for interpretation of the zoning regulations of the Village
may be filed with the Board except as an appeal from a determination
of the Building Official.
Applications or appeals to the Board may be
made only by a real party in interest, such as an owner, lessee or
other person having a contractual interest in the subject property.
Where such real party in interest is a legal entity, such application
may be made in its name by any member or officer having the authority
to do so by law. Where the applicant is not the owner of the property,
or an authorized member or officer of the owner with authority to
act on behalf of an owner which is a legal entity, the application
must include the written and acknowledged authorization of the owner.
All applications to the Board shall be made
in writing, and shall contain sufficient documentation to demonstrate
that the applicant is authorized to make the application and to establish
the nature of and reason for the relief being requested. Where the
Village has available an official application form, that form shall
be used and shall be submitted with such other documentation as may
be required by such form. All applications shall include a disclosure
affidavit in compliance with the General Municipal Law, as supplied
by the Village.
All applications with respect to single-family
residential property shall include a short-form environmental assessment
form (EAF). All other applications shall include a long-form EAF.
In the case of any application which requires
a public hearing, upon a determination that an application is in proper
form, the Chair or Clerk of the Board shall schedule a public hearing
for the application for the next meeting of the Board to be held at
least 21 days after such determination, except that for good cause
the Chair may direct that such hearing date be advanced to a date
at least 10 days after such determination, provided that sufficient
time is permitted for publication and other distribution of required
notices.
Each application filed with the Board shall
be accompanied by the fee required by law. No application shall be
deemed complete until it has been reviewed by the Village Attorney
and determined to be complete, and unless it is accompanied by the
fee required by law.
Any application filed with the Board may be
withdrawn by the applicant at any time prior to determination, upon
written application or by an oral statement of withdrawal by an applicant
or an applicant's attorney made on the record at a public hearing
on the application, and only with the permission of the Chair or Board.
In such event, any request for refund of the fee, in whole or in part,
shall be made to, and determined by, the Board of Trustees. No withdrawn
application may be filed seeking the same, or substantially the same,
relief for at least six months after the date on which such withdrawal
is approved except where that six-month period is waived by the Board
for good cause, shown on the record of a public hearing on the new
application, and accepted by the Board.
An application which has been dismissed or denied
shall not be refiled for at least six months after the date of dismissal
or denial, unless substantial new facts are alleged and established
to exist to the satisfaction of the Board.
An applicant may amend, modify or revise an
application or appeal at any time within 10 days after filing the
same, without permission of the Board. Thereafter, any amendment,
modification or revision may be made only with the permission of the
Board, which may include a requirement that a new notice be given
with respect to any public hearing on such application.
The form of notice of public hearing shall be
prepared by, and provided to the applicant, by the Board, through
the Village Attorney. The Village shall be responsible for publication
and posting of said notice. The applicant shall be responsible for
mailing of such notice to the owners of all property located within
200 feet of the subject property, by certified mail, return receipt
requested, and for providing the Clerk with proof of such mailing
by filing with the Clerk at least two business days prior to the date
for such public hearing an affidavit or affirmation of the date and
place of such mailing accompanied by a copy of the notice so mailed,
a list of the addressees and addresses to which such notice was mailed
and the certified mail return receipts signed by the recipient of
each such mailing or the United States Postal Service certified mail
receipt (PS Form 3800 or its replacement) duly stamped by the United
States Postal Service facility at which such mail was deposited. Such
notice to said owners shall be so mailed at least 10 business days
prior to the date of the public hearing specified in the notice.
All decisions of the Board of Appeals shall
be set forth in full in the minutes of the meetings of the Board.
Minutes of the meetings shall be filed with the Village Clerk upon
the approval by the Chair, after reasonable opportunity for other
members of the Board to review draft minutes of such meetings.
In addition to any other instance permitted
by law where hearings may be reopened, the Board, upon its own motion,
may reopen and reconsider any determination where the Board has reasonable
cause to believe that an applicant or other person has failed to comply
with the conditions or requirements of such determination. Notice
of such reopened reconsideration shall be given by the Board, by certified
mail, return receipt requested, sent to the applicant at least 10
days prior to the meeting or public hearing at which such reopened
determination will be considered. Notice of such meeting or public
hearing shall also be published in the official newspaper of the Village,
and posted, in the same manner as required by law for notices of the
public hearing with respect to the underlying application.[1]
