The Zoning Board of Appeals (hereinafter referred
to as the "Board") shall have the following purpose and authority:
A. Appeals:
(1) To hear and decide appeals from, and to review any
order, requirement, decision or determination made by, the Building
Inspector or any other officer, official or board charged with enforcement
of the Zoning Law of the Incorporated Village of Sea Cliff (hereinafter referred to as the "Zoning Law").
(2) To hear and decide appeals from the Board of Architectural
Review.
B. Applications:
(1) To hear and decide applications for special permits
as authorized by the Zoning Law.
C. Other matters:
(1) To hear and decide all other matters referred to it
by the Village Board of Trustees or matters which it may be required
to decide under the provisions of any law of the State of New York,
and local law of the Incorporated Village of Sea Cliff or this Code.
D. Employees.
[Added 6-19-2000]
(2) Where an expert is to be compensated by the Village,
the prior authorization of the Board of Trustees shall be required.
Such authorization shall be by resolution of the Board of Trustees.
(3) Upon the approval of the Board of Trustees, the expert
shall be retained by the Zoning Board or the Board of Trustees and
compensated by the Village in the manner authorized by the resolution
of the Board of Trustees.
(4) The Zoning Board shall appoint a Secretary to the
Zoning Board and shall have such other clerks and secretaries as shall
be appointed by the Board of Trustees. The Secretary shall be appointed
for a period of not more than one year and shall serve the Zoning
Board at the discretion of the Zoning Board.
[Amended 9-6-2011 by L.L. No. 7-2011]
The Board shall hold the following types of
meetings:
A. Public hearings: meetings for the purpose of receiving
evidence, hearing witnesses and considering the following:
(1) Appeals from and review of any order, requirement,
decision or determination of the Building Inspector or other administrative
officer, official or board charged with enforcement of the Zoning
Law.
(2) Applications for special permits as provided for in
the Zoning Law.
(3) All other matters, including other appeals and applications,
referred to it by the Village Board of Trustees or matters which it
may be required to decide under the provisions of any law of the State
of New York, any local law of the Incorporated Village of Sea Cliff
or this Code.
B. Public meetings: meetings for the purpose of conducting
official business of the Board.
C. Executive sessions.
(1) Executive sessions may be convened pursuant to law
for action on the following types of matters:
(a)
Matters which would imperil the public safety
if disclosed.
(b)
Matters which might disclose the identity of
a law enforcement agent or informer.
(c)
Information relating to current or future investigation
or prosecution of a criminal offense which would imperil effective
law enforcement if disclosed.
(d)
Discussions regarding proposed, pending or current
litigation.
(e)
Collective negotiations pursuant to the Civil
Service Law.
(f)
The medical, financial, credit or employment
history of any person or corporation or matters leading to the appointment,
employment, promotion, demotion, discipline, suspension, dismissal
or removal of any person or corporation by the Board.
(g)
The preparation, grading or administration of
examinations.
(h)
The proposed acquisition, sale or lease of real
property, but only when publicity would substantially affect the value
of the property.
(2) A motion calling for an executive session must identify
the general subject to be considered at that session. Such motion
must be adopted by a majority vote of the Board taken at a meeting
which is open to the public.
(3) Attendance at executive sessions shall be permitted
only to the members of the Board, their designated representatives,
invited members of the Village staff and other persons authorized
by the Board.
D. Deliberation sessions. Meetings which are quasi-judicial
in nature, called as required for the purpose of discussing pending
appeals or applications. Such meetings shall be closed to the public.
Only such selected persons as the Board may invite shall be present.
No evidence shall be received at such sessions, no witnesses heard
and no final decisions made.
E. Such other types of meetings as shall be determined
to be necessary from time to time by majority vote of the Board.
Unless a longer term is specified in the decision
or determination of the Board, no such decision or determination granting
any appeal or application shall remain in force and effect longer
than 12 months from the date of such decision or determination unless
the appellant or applicant shall have in the meantime actually in
good faith commenced substantial work on the erection or alteration
of or addition to the building or structure in question or made use
of the property affected pursuant to the relief granted.
If the Board, present at a public meeting or
hearing thereof duly called, shall find that the application of any
of the foregoing rules will create a hardship to an appellant or applicant,
the Board may, by majority vote, modify or waive application of such
rules in that particular instance.
These rules and regulations may be amended by
the Board at any public meeting, provided that notice of such proposed
amendment and a copy of same has been given by the Chairman, in writing,
to each member of the Board not less than five days prior to such
meeting. Such amendments shall not become effective until approved
by resolution of the Village Board of Trustees, duly adopted.