[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:
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.
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.
A.Â
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.
B.Â
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]
C.Â
Any
member of the Board may be removed by the Mayor for cause after a
public hearing.
D.Â
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.
E.Â
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.
