There shall be a Board of Appeals consisting of five members,
heretofore appointed by the Board of Trustees. The method of appointment,
terms of appointment and tenure of its members shall be as prescribed
by law.
The Board shall appoint a Chairman at the beginning of its existence
and at the beginning of each official year. At all meetings of the
Board such Chairman or, in his absence, the Acting Chairman may administer
oaths and compel the attendance of witnesses and the production of
papers relevant to the matter at issue.
Such Board of Appeals shall hear and decide all appeals properly
taken from any action or ruling of the administrative officer charged
with passing upon applications for building or use permits pursuant
to this chapter and any other matter pertaining to the provisions
of this chapter which is properly referred to said Board in writing.
In addition to such appellate jurisdiction, the Board of Appeals shall
have original jurisdiction to hear and decide applications for variances
of the provisions of this chapter and/or the provisions of § 7-734
of the Village Law and other matters properly referred to said Board.
A.
Such Board shall make minutes of all of its actions, rulings and
proceedings, showing the vote of each member or, if absent or not
voting, indicating such fact, and make records of its examinations
of properties and documents. For these purposes such Board may engage
the services of a stenographer to make and transcribe such minutes
and records, and the reasonable cost of such services shall be a proper
charge upon the Village of Quogue.
B.
The concurring vote of a majority of the entire Board shall be necessary
in all of its actions, rulings and proceedings.
The Board of Appeals shall give due notice, in writing, to an
applicant and to the parties to an appeal of the date, time and place
of the first hearing upon the appeal before the Board. Such notice
shall be served upon the parties, either personally or by mail addressed
to their last known address. A copy of such notice, with the date
of the service upon the parties noted thereon, shall be filed with
the Village Clerk, and a copy of such notice shall be published in
the official paper of the Village at least 10 days prior to the date
fixed for such hearing. Such hearings may be adjourned from time to
time without further notice other than by open announcement at the
meetings or hearings adjourned. At all meetings of and hearings before
the Board, any party may appear in person or by agent or by attorney,
at which time parties in interest and citizens shall have an opportunity
to be heard.
Such Board of Appeals shall have the power and authority in
passing upon and making rulings regarding appeals and other matters
which duly come before it, to vary or modify the application of any
of the regulations, provisions or restrictions of this chapter relating
to the use, erection, reconstruction, remodeling or alteration of
buildings or structures, or to the use or occupancy of land, so as
to obviate practical difficulties or unnecessary hardships in the
way of carrying out the strict letter of the provisions of this chapter
and so that the spirit of this chapter shall be observed, public safety,
health and welfare secured and substantial justice done, but any such
action by such Board shall not be arbitrary, malicious or such as
to vary or injure the stability of the neighborhood or lessen property
values in the locality or to alter the essential character or distinctive
feature of the entire locality of Quogue or of any portion thereof.
Whenever a permit or variance is granted by the Board of Appeals,
such permit or variance shall be acted upon and, in the case of structural
permit or variance, completed, within two years after the granting
of same, unless an extension is granted by the Board of Appeals, and,
if not so acted upon and completed within two years or such extended
period, such permit or variance shall expire, provided, further, that
in granting area or yard variances, the Board of Appeals may provide,
in a specific case and for good cause shown, that such variance shall
not be so limited.
