Hewlett Bay Park City Zoning Code
ARTICLE VIII
Board of Appeals
§ 146-32 Establishment.
A.
A Board of Appeals consisting of five members is hereby established as provided by the Village Law. Each member of said Board shall be appointed by the Board of Trustees for five years and shall serve without pay.
B.
Alternate members.
[Added 2-25-1999 by L.L. No. 1-1999[1]]
(1)
Pursuant to the Municipal Home Rule Law, Village Law § 7-712(11) is hereby repealed and superseded in its application to the Village of Hewlett Bay Park.
(2)
Subject to the approval of the Board of Trustees, the Mayor may appoint not more than three alternate members of the Board of Appeals, to serve in order of seniority in place of any members of the Board of Appeals, or senior alternate members, who are unable for any reason to attend any particular meeting of the Board. The alternate members of the Board shall have all of the powers and duties of regular members at such times as the alternate members are serving. Such alternate members shall be appointed for terms of one official year each.
§ 146-33 Duties and powers.
The Board of Appeals shall have such duties and powers as are specifically granted by law and in other sections of this chapter, and, in addition, when there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, the Board of Appeals shall have power in passing upon appeals, in specific cases and after public notice and hearing, to vary or modify the application of any of the provisions or regulations of this chapter so that the spirit of this chapter shall be observed, public safety, health and welfare secured and substantial justice done.
§ 146-33.1 Decisions of Board of Appeals; supersession of state law.
[Added 11-15-2010 by L.L. No. 2-2010]
Section 7-712-a, Subdivision 13, of the Village Law is hereby amended and superseded in its application to the Village, to read as follows:
"13. Decisions. (a) Except as otherwise provided in Village Law § 7-712-a, Subdivision 12, every motion or resolution of the Board of Appeals shall require for its adoption the affirmative vote of a majority of all the members of the Board as fully constituted regardless of vacancies or absences. The failure of the Board to adopt a decision within any specific period of time shall constitute neither a denial nor an approval. Where an action is the subject of a referral to the county planning agency or regional planning council, the voting provisions of § 239-m of the General Municipal Law shall apply. | ||
(b) The Board of Appeals may render its decision on any appeal or application in a short-form format, summarily setting forth the Board's determination and conditions, if any, without enumerating findings or conclusions which formed the basis for the determination. Within 30 days after filing of the short-form decision in the office of the Village Clerk, any appellant, applicant, or other person or persons jointly or severally aggrieved by the decision may file a written demand with the Village Clerk requesting that the Board of Appeals render its decision in a format containing the findings and conclusions which formed the basis for the Board's determination. The Village Clerk shall promptly deliver such written demand to the Chair, who shall promptly convene a meeting of the Board to render such long-form decision. | ||
(i) Where the Board renders a short-form decision, and no written demand requesting a long-form decision is filed within the required thirty-day period, the date of filing of the short-form decision with the Village Clerk shall be deemed the date of the filing of the Board's decision for all purposes. Where the Board renders or is required to render a long-form decision, the date of filing of the long-form decision with the Clerk shall be deemed the date of filing of the Board's decision for all purposes." | ||
§ 146-34 Applicable conditions, limitations and standards.
[Added 11-9-1981 by L.L. No. 3-1981]
In exercising the powers conferred upon the Board of Appeals by § 146-33, the Board of Appeals shall be governed by the following conditions, limitations and standards:
A.
No person shall be entitled as a matter of right to a variance, permit, approval or other action by the Board of Appeals. Notwithstanding the provisions of this chapter or any evidence presented to it, the Board of Appeals may refuse to exercise the powers conferred upon it by § 146-33, and if it does so refuse, the applicant shall not be entitled to the relief sought and shall comply with the provisions of this chapter stated to control in the absence of such variance, exception, permit or approval by the Board of Appeals.
B.
For the purpose of § 146-33, the objective of the zoning regulations is to preserve and develop the Village of Hewlett Bay Park as a place for fine one-family homes on large, Hewlett Bay Park as a place for fine one-family homes on large, well-planted and landscaped sites, with ample open space, similar in character to a majority of the dwellings situated the Village at the date of adoption of this amendment.
C.
No action shall be taken by the Board of Appeals, the effect of which, in the judgment of the Board, may impair the value or character or desirability of properties in the Village for residential purposes of said character.
§ 146-34.1 Lapse of variances and permits.
[Added 3-17-2008 by L.L. No. 1-2008]
A.
Each variance granted by the Board of Appeals shall expire one year from the date the determination of the Board granting the variance is filed, unless the determination of the Board granting such variance imposes a different period of time; provided, however, that if substantial construction has taken place within such time in accordance with the plans for which such variance was granted, the variance shall remain in effect as provided by law and in accordance with any conditions imposed by the Board of Appeals.
B.
In an appropriate case, the Board of Appeals may impose a condition that a permit shall expire after a period of time stated in the Board determination.
C.
When the Board of Appeals has granted any variance or permit upon conditions, such variance or permit shall be null and void in the event the conditions are not fulfilled or performed within the time provided by law, unless the Board of Appeals extends such period of time.
D.
The Board of Appeals may extend for an additional period of time the time in which conditions of an approval of a variance or permit must be fulfilled or performed, upon written application in a form acceptable to the Board. Such application may be made before or after the expiration of the time in which such conditions are required to be fulfilled or performed.
(1)
Where the requested extension of time will not remain in effect more than six months after the original expiration date, the Board of Appeals may determine whether a public hearing is required for any such extension of time, or may waive any requirement for a public hearing for any such extension of time.
(2)
Where the requested extension of time will remain in effect more than six months after the original expiration date, the Board of Appeals shall hold a public hearing with respect to such application.
§ 146-35 Rules for filing appeals or applications.
The Board of Appeals shall make rules as to the manner of filing appeals or applications for special exceptions or variance from the terms of this chapter.
§ 146-36 Notice of hearing.
[Amended 12-5-2017 by L.L. No. 1-2017]
Upon the filing of a completed application with the Board of Appeals, and upon payment of the required fee and deposit, if any, the Board shall fix a time and place for a public hearing, and notice of such hearing shall be provided as follows:
A.
The Board of Appeals shall publish or cause to be published a notice of the public hearing in the official Village newspaper at least five days prior to the date of the public hearing.
B.
The applicant shall prepare a map (in form required by the Village) showing the names of the owners of all parcels of property located within a radius of 300 feet of the subject property, measured from all points of the property lines of the subject premises. At least 10 days but not more than 20 days prior to the scheduled date of the hearing, the applicant shall send a copy of the notice of public hearing (on the form provided by the Village) to all such owners in a manner authorized by the Board of Trustees by resolution, from time to time.
(1)
The names of said owners shall be taken as they appear on the last completed tax roll of the Village, except that the addresses must be those of the actual places of residence of the addressees.
(2)
The applicant shall file or cause to be filed a radius map and an affidavit of mailing (on the form provided by the Village), having attached thereto a true and complete copy of the notice of public hearing, with the Village Clerk not less than three days prior to the scheduled date of the public hearing, together with any return receipt cards or returned or undeliverable envelopes. Failure to deliver the radius map, the affidavit of mailing, and the return receipt cards or returned or undeliverable envelopes, if the manner of service requires return receipt cards, to the Village in accordance with this section may result in the application being stricken from the calendar.
§ 146-37 Contents of notice.
The notices required by § 146-36 shall state the location of the building or lot and the general nature of the question involved.
§ 146-38 Filing fee.
[Amended 11-8-1989 by L.L. No. 25-1989][1]
In cases brought before the Board of Appeals, the petitioner or appellant shall, at the time of filing his petition or notice of appeal, pay to the Village Clerk a filing fee, which shall be utilized to defray the cost of the public hearing, including cost of publication, posting, clerical and professional services. The amount of such fee shall be as established by the Board of Trustees.