The Board of Appeals heretofore established is hereby continued.

After the effective date of this amendment, it shall consist of five members.

The terms of members now in office shall expire at the end of the current official year. Thereafter, the Mayor, with the consent of the Board of Trustees, shall reappoint them or any successors to new terms as follows: one member to a term of five years, one member to a term of four years, one member to a term of three years, one member to a term of two years, and one member to a term of one year. All further appointments of members shall be for terms of five official years.

They shall annually appoint from their own number an Acting Chairman and a Secretary.

They shall serve without pay.

Up to two alternate members of the Zoning Board of Appeals shall appointed by the Village Mayor or other duly appointing authority, for a term of two years.

The Chairperson of the Zoning Board of Appeals may designate an alternate member to substitute for a member when such member is unable to participate on an application or matter before the Board. If two alternate members are appointed, the Chairperson shall rotate the designation of alternate members (unless one of the alternate members is absent or unable to participate on an application or matter before the board). When so designated the alternate member shall possess all the powers and responsibilities of such member of the board. Such designation shall be entered into the minutes of the initial Zoning Board of Appeals meeting at which the substitution is made.

All provisions of state law relating to Zoning Board of Appeals members eligibility, vacancy in office, removal, compatability of office and service on other boards, as well as any provisions of a local law or local ordinance relating to training, continuing education, compensation and attendance, shall also apply to alternate members.

Use of alternate members is hereby authorized for, but not limited to situations when members are ill, members on extended vacation, or members who have a conflict of interest on a specified matter before the Board.

Where the street layout actually on the ground varies from the street layout as shown on the Building Zone Map, the use and other designation shown on the map shall be applied to the ground by the Board of Appeals in such a way as to carry out the intent and purpose of the map for such particular section.

The Board of Appeals may determine and establish the true location of district boundaries in any disputed case.

The Board of Appeals may permit any public utility in a restricted zone if it shall be satisfied that public convenience and necessity requires it.

The Board of Appeals may determine, in the case of an irregular lot or in a disputed case, the identity of the front, rear or side of a building and the location of the front yard, rear yard and side yards thereof.

The Board of Appeals may establish appropriate requirements, in conformity with the general purposes and intent of this chapter, for irregular lots or lots of less than the required area, frontage or depth, in any district existing at the effective date of this chapter.

The Board of Appeals may grant a permit wherever it is provided in this chapter that the approval of the Board of Appeals is required.

The Board of Appeals may exercise any and all of the powers conferred upon it directly or by implication by this chapter or by any other ordinance.

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 § 145-72, and if it does so refuse, the applicant shall not be entitled to the relief sought and shall comply with the provisions of the Building Zone Ordinance stated to control in the absence of such variance, exception, permit or approval by the Board of Appeals.

The power of the Board of Appeals under § 145-72 is not limited to cases where there are practical difficulties or unnecessary hardship, but the Board of Appeals shall act only in such a manner as, in the judgment of the Board, will be in harmony with the provisions and purposes of this chapter, preserve the spirit of this chapter, secure public safety and welfare and do substantial justice.

For the purpose of §§ 145-71 through 145-73, the objective of the zoning regulations is to preserve and develop the Village of Hewlett Harbor as a place for fine one-family homes on large well planted and landscaped sites, for year-round occupancy, similar in character to a majority of the dwellings situated in the Village at the date of adoption of this amendment.

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 or which may permit the introduction into the Village of a type of development not established therein at the date of the adoption of this amendment.

In granting any such relief, the Board of Appeals may impose conditions which in its judgment will tend to carry out the purposes of this § 145-73, including but not limited to requiring larger size of lot, or smaller building area, or larger front, rear or side yards, or greater street frontage, than required by this chapter for the district in which said parcel is situated, or prescribing the minimum floor area or cubic content of the building, or the minimum number of rooms, or determining the location of the proposed structure or the landscaping thereof.

In case conditions are imposed, the Board may require the applicant to furnish the bond of a surety company satisfactory to the Board in an amount fixed by the Board, to assure the performance of such conditions.