[HISTORY: Adopted by the Board of Trustees of the Village of Westbury 5-3-1990 by L.L. No. 2-1990 (Ch. 57 of the 1964 Code); amended in its entirety 8-5-2010 by L.L. No. 3-2010. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- ALTERNATE MEMBER
- An individual appointed by the Village Board to serve on the Village Board of Appeals when a regular member is unable to participate on an application or matter before said Board, as provided herein.
- BOARD OF APPEALS
- The Board of Appeals of the Village of Westbury as established by the Village Board of Trustees by local law, pursuant to the provisions of § 7-712 of the Village Law.
- An individual appointed by the Village Board to serve on the Village Board of Appeals pursuant to the provisions of the local law which first established such Board of Appeals.
The Board of Trustees shall provide for the appointment of a Board of Appeals consisting of five members. Appointments of members shall be made at the annual organizational meeting of the Village by the Mayor, subject to the approval of the Board of Trustees. In the creation of a new Board of Appeals or the reestablishment of terms of an existing Board, the appointment of members to the Board shall be of terms so fixed that one member's term shall expire at the end of the Village official year in which such members were initially appointed. The remaining members' terms shall be so fixed that one member's term shall expire at the end of each official year thereafter. At the expiration of each original member's appointment, the replacement member shall be appointed by the Board of Trustees for a term which shall be equal in years to the number of members of the Board. No person who is a member of the Village Board of Trustees shall be eligible for membership on the Board of Appeals.
It is sometimes difficult to maintain a quorum on the Zoning Board of Appeals because members are ill, on extended vacation, have a family or business commitment which conflicts with a meeting date or find they have a conflict-of-interest situation on a specific matter before such Board. In such instances, official business cannot be conducted, which may delay or impede adherence to required timelines. The use of alternate members in such instances is hereby authorized pursuant to the provisions of this chapter.
Four alternate members of the Board of Appeals shall be appointed by the Village Mayor, subject to approval by the Board of Trustees, at the annual organizational meeting of the Village, for terms of four years each. One of the additional alternate members appointed in 2015 shall be appointed for a two-year term, and the other additional alternate member appointed in 2015 shall be appointed for a three-year term, such that one member's appointment expires each year. All existing alternate members of the Planning Board as of 2015 shall serve the balance of their unexpired terms. Thereafter, the term of each alternate member shall be four years from and after the expiration of the term of his or her predecessor in office. One alternate member shall be designated at the time of appointment as first alternate member. The other alternate members shall be designated at the time of appointment as second alternate member, third alternate member, and fourth alternate member. The first alternate member shall sit as a member of the Board of Appeals to hear and determine those matters before the Board whenever a regular member of the Board shall be disqualified from participating in such matter due to temporary inability to serve because of illness, absence or disability, extended vacation, a family or business commitment which conflicts with a meeting date or finds that he or she has a conflict-of-interest situation on a specific matter before such Board. In the event that more than one regular member or the first alternate member of the Board of Appeals shall be disqualified or unable to participate in hearing and determining a particular matter for the reasons hereinabove set forth, the second, third and/or fourth alternate member shall sit as a member of the Board for the purpose of hearing and determining such matter, in that order. When so sitting to hear and determine a matter before the Board, each alternate member of the Board shall have the same powers and privileges as a regular member of the Board.
[Amended 4-2-2015 by L.L. No. 4-2015]
Any member of the Board may be removed by the Mayor for cause after a public hearing.
All meetings of the Board of Appeals shall be held at the call of the Chairperson and at such other times as the Board may determine. Such Chairperson may administer oaths and compel the attendance of witnesses. Meetings of such Board shall be open to the public to the extent provided in Article 7 of the Public Officers Law. Such Board shall keep minutes of its proceedings, showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions. Every rule, regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Board shall immediately be filed in the office of the Board and with the Village Clerk and shall be a public record.
All provisions of state law relating to the Board of Appeals member eligibility, vacancy in office, removal, compatibility of office and service on other boards except as modified herein, as well as any provisions of a local law relating to training, continuing education, compensation and attendance, shall also apply to alternate members.
This chapter is hereby adopted pursuant to the provisions of § 10 of the Municipal Home Rule Law and § 10 of the Statute of Local Governments. It is the intent of the Village Board of Trustees, pursuant to § 10 of the Municipal Home Rule Law, to supersede the provisions of § 7-712 of the Village Law relating to the appointment of members and alternate members of the Village of Westbury Board of Appeals.