Where said structure, or alteration or use thereof would be in violation of any of the provisions of this chapter;

Where approval of the Board of Appeals is otherwise required by this chapter.

The Board of Trustees of the Incorporated Village of Old Brookville (hereinafter the "Board of Trustees"), hereby finds that in order to ensure that future land use, reuse, development and redevelopment and other construction activities within the Village of Old Brookville (hereinafter the "Village") will be planned and designed to have a harmonious relationship with the existing or permitted use of contiguous land and with surrounding neighborhoods and to conserve the values of property and encourage the most appropriate use of land and to protect and promote the rural nature of the Village, its open space and natural environs, the topographical features of the Village and its unique suburban characteristics and to otherwise promote the health, safety, welfare, comfort and convenience of its residents and the occupants and users of the subject land and buildings in particular, site plans for future land use, reuse, development and redevelopment and other construction activities proposed within the Village should be subject to review and approval by the Village of Old Brookville Planning Board (hereinafter the "Planning Board").

It is, therefore, the intent of the Board of Trustees, and the purpose of this chapter, to establish a procedure for site plan review for new land use, reuse, development, redevelopment and other construction activities proposed within the Village consistent with and pursuant to § 7-725-a of the Village Law of the State of New York and to authorize the Planning Board to review and provide it with appropriate standards in its review of all site plans for compliance with certain site plan elements, which include, where appropriate, those relating to parking, means of access, traffic, screening, lighting, signs, landscaping, location and dimension of buildings, adjacent land uses and physical features meant to protect adjacent buildings and land uses, as well as any additional site plan elements specified herein.

The following applications for land use, reuse, development and redevelopment and construction activities within the Village shall require site plan review and approval by the Planning Board:

Minor construction activities or minor modifications to an approved site plan or existing site defined as those which will have minimal impact with regard to any of the guidelines or standards of this section, may be approved by the Chairman of the Planning Board and either the Building Inspector or Village Engineer without further compliance with this section if they agree that the activity or modification is minor in nature. In such event, the approval of the Chairman and the Building Inspector or Village Engineer shall be evidenced by their signatures on the building permit.

The location, arrangement, size, design, and general site compatibility of buildings and structures.

The adequacy and arrangement of vehicular access and circulation, off-street parking, loading, outdoor storage, pedestrian traffic and circulation. All driveways to a public or private street shall be so located to afford maximum safety and convenient ingress and egress to said roadway, to minimize conflict with the flow of traffic, and shall be designed to permit emergency vehicles and service vehicles such as delivery trucks, sanitation vehicles and the like to have reasonable access to, and space for, their intended functions.

The adequacy of stormwater and drainage facilities. Provision shall be made for the drainage of surface runoff waters in and from the premises so that flooding and erosion of the property and the property of others will be prevented to the maximum extent practicable. All applicants must fully comply with all regulations and requirements under Chapter 170, Illicit Discharges, Activities and Connections to Separate Storm Sewer Systems, of the Code of the Village of Old Brookville, and Chapter 230, Stormwater Management, of the Code of the Village of Old Brookville, including submission of a stormwater pollution prevention plan.

The adequacy of water supply, sewage disposal facilities, fire lanes and other emergency zones, and the provision of fire hydrants.

The adequacy, type and arrangement of trees, shrubs and other landscaping and natural screening constituting a visual and noise buffer between the applicant's and adjoining lands, including the maximum feasible retention of existing vegetation.

Protection of adjacent or neighboring properties against direct illumination and glare, noise, unsightliness and nuisances.

Materials and design of paving, lighting fixtures, retaining wall, bulkheads, fences, curbs, benches, etc. shall be of quality appearance, easily maintained and indicative of their function.

The overall impact of the proposed development on the neighborhood and surrounding uses, including compatibility of architectural and design considerations.

To the extent possible, no fill, earth, loam or topsoil disturbed as a result of the activities under site plan review shall be removed from the premises.

Be visually offensive or inappropriate by reason of poor quality of design, monotonous similarity, or striking visual discord in relation to other sites or surroundings;

Significantly alter the character, nature, and ambiance of the Village;

Be detrimental to the character of the neighborhood;

Prevent the most appropriate development and utilization of the site or of adjacent land;

Adversely affect the functioning, economic stability, prosperity, health, safety, and general welfare of the entire community.

Public notice of such hearing shall be given by publication in the Village's official newspaper at least five days prior to the date thereof. The Planning Board shall mail the notice of said hearing to the applicant at least 10 days before such hearing.

At least 10 days before such hearing the Planning Board shall mail notices thereof to the Nassau County Planning Commission as required by § 239-m of the General Municipal Law, which notice shall be accompanied by a full statement of such proposed action, as defined in Subdivision 1 of § 239-m of the General Municipal Law.

The Planning Board shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations.

For all public hearings other than for single-family residential uses, the applicant must mail a copy of the public notice thereof to the owners of all real property located within 500 feet of the subject parcel, as shown on the official Tax Map of the Village, by certified mail, return receipt requested, at least 10 days but not more than 20 days before the date of the public hearing.

Within 62 days after the public hearing portion of the review procedure is closed, the Planning Board shall act to approve, approve with modifications or conditions or disapprove the proposed site plan. The time period in which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board. A copy of the Board's decision shall within five business days be filed in the offices of the Village Clerk and the Building Inspector and a copy thereof mailed to the applicant.

Within 60 days of the date of approval or approval with modifications or conditions, the applicant shall present to the Planning Board a corrected final site plan in reproducible form, including any modifications or conditions required by the Planning Board as a condition of its approval. Upon verification by the Planning Board and the Village Engineer that the plan complies with the requirements of the Board's approval, the plan shall be endorsed by the Planning Board Chairman and filed with the Village Clerk and the Building Inspector.

Until a certificate of occupancy or certificate of completion has been issued with respect to each construction, reconstruction, alteration or improvement contained within an approved site plan, the Planning Board shall have continuing jurisdiction to review and act upon a site plan, including any and all amendments to the approved site plan.

The Planning Board shall review and act upon an application for an amendment to an approved site plan in the same manner as the review of an original site plan.

In the event that it is determined that unauthorized changes have been made to an approved site plan, the Planning Board may rescind its prior site plan approval in its entirety or in part.

Within two years after a certificate of occupancy or certificate of completion has been issued with respect to each construction, reconstruction, alteration or improvement contained within an approved site plan, the Planning Board may authorize the Village Engineer to perform an inspection of the subject site to confirm that the specifications contained in the approved site plan have been adhered to on a continuing basis. Regardless of whether inspections are performed or violations exist, the property owner is required to meet and maintain the specifications of the approved site plan unless and until a further application is approved by the Planning Board.

The Planning Board may condition site plan approval upon the applicant's submission to the Village Clerk of a cash deposit, performance bond or irrevocable letter of credit in an amount determined after recommendation from the Village Engineer, which amount shall be sufficient to ensure that all specifications of the approved site plan, and if required, all public improvements, shall be completed, and to ensure against damage to the infrastructure, including public and private roads and drainage structures.

Any bond in any form as indicated in Subsection K(1) above shall be in a form and substance acceptable to the Village Attorney, and any such bond shall not be accepted by the Village Clerk unless so approved by the Village Attorney.

Site plan approval shall automatically terminate and expire one year after the resolution granting approval is filed in the office of the Village Clerk, unless a permit has been issued thereon.

If no certificate of occupancy or completion has been issued within two years of issuance of a building permit, such permit shall automatically terminate and expire, and the Village is authorized to use the bond so posted towards the completion of the building permit thereto.

The Board of Trustees of the Incorporated Village of Old Brookville, (hereinafter the "Board of Trustees"), hereby finds that certain uses of land within the Village are declared to possess such unique, special and/or individual characteristics, qualities and attributes that they have the potential to have undesirable consequences upon and adversely affect the neighborhood and the overall health, safety, welfare, comfort and convenience of the Village and its residents, and that each such specific use should, thereon, be considered on an individual case.

It is, therefore, the intent of the Board of Trustees, and the purpose of this section, to establish a procedure for special use permit review and approval consistent with and pursuant to § 7-725(b) of the Village Law of the State of New York and to authorize the Planning Board to review, and to provide it with appropriate standards in its review of, all special use permits.

Pursuant to Village Law § 7-725(b), the Planning Board is hereby authorized to review and approve, approve with modifications or conditions, or disapprove special use permits submitted in accordance with the standards and procedures set forth in this section.

Upon approval of a special use permit, the Planning Board may impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed special use permit. Thereupon, such imposed conditions and restrictions must be met in connection with the issuance of any permits by the Board of Trustees, Building Inspector or any other applicable enforcement agent or officer of the Village.

That the location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, the size of the site in relation to it and the location of the site with respect to streets giving access to it shall be such that it will be in harmony with the appropriate and orderly development of the neighborhood in which it is proposed to be located and shall accord with and promote the purposes set forth in § 7-704 of the Village Law.

That the granting of the special use permit will be in harmony with the long-range, comprehensive, master or general plan of development of the Village.

That the proposed use is of such character, size, location, design and site layout as to be appropriate to and in harmony with the surrounding properties, the neighborhood and the Village.

The compatibility of the proposed use with adjoining land uses and with other proposed development, having particular reference to its probable effect on the value of other land and to the adequacy of features intended to promote public health, safety and welfare and the general purposes of this chapter.

That the proposed use is or will be necessary or desirable to the neighborhood or Village in that it will provide a service, facility or convenience or otherwise contribute to the proper growth and development of the community and to its general welfare.

That the proposed use shall not be hazardous, inconvenient, conflicting or incongruous to the surroundings, neighborhood or Village by reason of excessive traffic, assembly of persons or vehicles, proximity to normal travel routes or congregation of children or pedestrians.

That the location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, its site layout and its relation to streets giving access to it will not be hazardous or inconvenient to the residential character of the neighborhood or conflict with the orderly flow of traffic or normal traffic patterns on the residential streets, and satisfactory and safe methods of ingress and egress are provided.

That the design and location of loading and parking facilities are safe, suitable and adequate.

That the proposed use, site layout, location, size, heights, signs, walls, fences, landscaping and operations in connection with it will not hinder or discourage the appropriate use and development of adjacent uses or impair the value thereof.

That the proposed use, site layout, location, size, heights, signs, walls, fences, landscaping and operations in connection with it will not be more objectionable to nearby properties by reason of noise, traffic, vibration, excessive light, smoke, gas, fumes, odor or other similar atmospheric pollutants or other similar factors of impact than would be the operations and impacts of any permitted uses in the same zoning district not requiring a special use permit.

That the location and size of the use, the nature and intensity of the operations in or conducted in connection with it, its site layout and its relation to streets giving access to it will be such that vehicular traffic will not be more hazardous than the normal traffic to the district, taking into account such factors as street intersections, traffic flow, sight distances and pedestrian traffic.

Public notice of such hearing shall be given by publication in the Village's official newspaper at least five days prior to the date thereof. The Planning Board shall mail the notice of said hearing to the applicant at least 10 days before such hearing.

At least 10 days before such hearing, the Planning Board shall mail notices thereof to the Nassau County Planning Commission as required by § 239-m of the General Municipal Law, which notice shall be accompanied by a full statement of such proposed action, as defined in Subdivision 1 of § 239-m of the General Municipal Law.

The Planning Board shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations.

The applicant must mail a copy of the public notice thereof to the owners of all real property located within 500 feet of the subject parcel, as shown on the official Tax Map of the Village, by certified mail, return receipt requested, at least 10 days but not more than 20 days before the date of the public hearing.

Within 62 days after the public hearing portion of the review procedure is closed, the Planning Board shall act to approve, approve with modifications or conditions or disapprove the proposed special use permit. The time period in which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board. A copy of the Board's decision shall within five business days be filed in the offices of the Village Clerk and the Building Inspector and a copy thereof mailed to the applicant.

Within 60 days of the date of approval or approval with modifications or conditions, the applicant shall present to the Planning Board a corrected final site special use permit in reproducible form, including any modifications or conditions required by the Planning Board as a condition of its approval. Upon verification by the Planning Board and the Village Engineer that the permit complies with the requirements of the Board's approval, the permit shall be endorsed by the Planning Board Chairman and filed with the Village Clerk and the Building Inspector.

Until a certificate of occupancy or certificate of completion has been issued with respect to the special use permit, the Planning Board shall have continuing jurisdiction to review and act upon a special use permit, including any and all amendments to the approved special use permit.

The Planning Board shall review and act upon an application for an amendment to an approved special use permit in the same manner as the review of an original special use permit application.

In the event that it is determined that unauthorized changes have been made to an approved special use permit, the Planning Board may rescind its prior special use permit approval in its entirety or in part.

Within two years after a certificate of occupancy or certificate of completion has been issued with respect to special use permit, the Planning Board may authorize the Village Engineer to perform an inspection of the subject site to confirm that the specifications contained in the approved special use permit have been adhered to on a continuing basis. Regardless of whether inspections are performed or violations exist, the property owner is required to meet and maintain the specifications of the special use permit unless and until a further special use permit is approved by the Planning Board.

The Planning Board may condition special use permit approval upon the applicant's submission to the Village Clerk of a cash deposit, performance bond or irrevocable letter of credit in an amount determined after recommendation from the Village Engineer, which amount shall be sufficient to ensure that all specifications of the approved special use permit, and if required, all public improvements, shall be completed, and to ensure against damage to the infrastructure, including public and private roads and drainage structures.

Any bond in any form as indicated in Subsection J(1) above shall be in a form and substance acceptable to the Village Attorney, and any such bond shall not be accepted by the Village Clerk unless so approved by the Village Attorney.

Special use permit approval shall automatically terminate and expire one year after the resolution granting approval is filed in the office of the Village Clerk, unless a building permit has been issued thereon.

If no certificate of occupancy or completion has been issued within two years of issuance of a building permit, such permit shall automatically terminate and expire, and the Village is authorized to use the bond so posted towards the completion of the building permit thereto.

In reviewing any application by a municipality for exemption from the provisions of this Zoning Code, the Board of Trustees shall also consider and balance the public interests involved by weighing the following listed factors, and if such weighing is in favor of allowing the use as being exempt from the restrictions of this Zoning Code, such use shall be allowed by the Board of Trustees:

In weighing the aforesaid factors, one factor could be more influential than another or may be so significant as to completely overshadow all others, but no element should be thought of as required or controlling.

Public notice of such hearing shall be given by publication in the Village's official newspaper at least five days prior to the date thereof. The Board of Trustees shall mail the notice of said hearing to the applicant at least 10 days before such hearing.

At least 10 days before such hearing, the Board of Trustees shall mail notices thereof to the Nassau County Planning Commission as required by § 239-m of the General Municipal Law, which notice shall be accompanied by a full statement of such proposed action, as defined in Subdivision 1 of § 239-m of the General Municipal Law.

The Board of Trustees shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations.

It is the purpose of this section to preserve and promote the character, appearances, aesthetics of the Village and to conserve the property values of the Village by providing procedures for an architectural review of the exterior of new construction and of certain alterations and reconstruction where the area in square feet of such reconstruction or alteration exceeds 20% of the total square footage of the structure prior to reconstruction or alteration, and by so doing to:

The Board of Trustees hereby finds:

It is the purpose of this section to prevent these and other harmful effects, and thus to promote the health, safety, morals and general welfare of the community.

There is hereby created an Architectural Review Board, consisting of five members, each to be appointed for a term of one year by the Mayor, subject to approval by the Board of Trustees by resolution. No person who is a member of the Village Board of Trustees or Planning Board or Zoning Board of Appeals member shall be eligible for membership on such Architectural Review Board. All members shall be residents of the Village.

The Chairman of the Board shall be appointed by the Mayor, subject to approval by the Board of Trustees.

The Mayor shall have the power to remove any member of the Board with or without cause prior to the expiration of his or her term. Vacancies shall be filled by the Mayor for the unexpired term of any member whose place has become vacant.

The Board of Trustees may officially designate and retain one or more registered architects to advise and take part in any deliberations of the Architectural Review Board. The Board of Trustees may fix and provide for all necessary costs or expenses involved in reviewing each application, including compensation for architects and other professional and advisory services. An architect so retained shall be without vote in regard to any application.

Meetings of the Architectural Review Board shall be held monthly, or as required at the call of the Chairman of the Board and at such other times as the Board shall determine. The meetings of the Board shall be open to the public and shall be held at the Village Hall, McCouns Lane, in said Village. A majority of the members of the Board shall constitute a quorum for the transaction of business. Approval of any plan(s) shall be done by at least three members signing the plans on which the architect's signed seal appears and the notation shall be made on the plan "Approved Plan." The Board shall keep minutes of its proceedings, showing the vote of each member on each question or, if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions.

The Board shall have power from time to time to adopt, amend, and repeal rules and regulations not inconsistent with law or the provisions of this chapter governing its procedure and the transaction of its business, and for the purpose of carrying into effect the standards enumerated in Subsection E hereof. Such action shall be taken after public hearing. Every rule or regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Board shall be filed in the office of the Village Clerk and shall be a public record.

Prior to the issuance of a building permit for construction of a new building or for the alteration or reconstruction of an existing building when such alteration or reconstruction exceeds 20% of the square footage of the building prior to alteration or reconstruction of the building, the applicant shall file with the Board a copy of the plans for the proposed building. The plans submitted shall at least include architectural renderings accurately depicting the building and topography and landscaping of the site, identifying all materials incorporated in exterior surfaces of the building and an accurate survey of the site locating all trees having a diameter of at least 18 inches in circumference at a height of four feet above the base of the trunk. The term "building," as used in this article, shall include an enclosed structure.

Where the plans require compliance with the State Environmental Quality Review Act (SEQR), the appropriate proceedings must be completed pursuant to Part 617 of the NYCRR and any other applicable regulations before approval may be granted, and if the Architectural Review Board is not the lead agency, a copy of the final determination must be filed with the Board before the plans shall be deemed ready for submission.

In addition to any other requirements established by the Board for final approval of such plans, the following items shall be submitted to the Board at least 15 days prior to its next regularly scheduled meeting:

No building permit for any building or structure subject to this chapter as set forth in Subsection D(1) shall be issued unless it shall first have been approved by a vote of at least a majority of the members of the Board.

Final approved maps or plans, materials and specifications may not be altered in any way without the express prior approval of the Board. Any requested changes of the approved plans or maps must be submitted for review at least 15 days prior to the next regularly scheduled meeting of the Board, and no construction work involving such changes shall be commenced or continued until approval of the Board is granted. The Building Inspector shall, in cases of violation of this procedure, order all work to be halted and, if necessary, revoke the building permit until such time that amended plans or maps are approved by the Board. This section may also be enforced by the Board of Trustees by means of injunction. If the Village proceeds by injunction and is successful, reasonable attorneys' fees, engineering fees and other expert witness fees shall be paid by defendant.

In considering an application, the Board shall take into account natural features of the site and surroundings, exterior design and appearances of existing structures, and the character of the neighborhood and its peculiar suitability for particular purposes, with a view to conserving the values of property and encouraging the most appropriate use of land.

The Board may approve any application to it upon finding that the building or structure for which the permit was requested, if constructed, erected, reconstructed, or altered in accordance with the submitted plan, would be in harmony with the purpose of this chapter, would not be visually offensive or inappropriate by reason of poor quality of exterior design, monotonous similarity or striking visual discord in relation to the sites or surroundings, would not mar the appearance of the area, would not impair the use, enjoyment and desirability and reduce the value of properties in the area, would not be detrimental to the character of the neighborhood, would not prevent the most appropriate utilization of the site or of adjacent land, and would not adversely affect the functioning, economic stability, prosperity, health, safety and general welfare of the entire community.

In approving any application, the Board may impose appropriate conditions and safeguards designed to prevent the harmful effects set forth in Subsection A(2) hereof.

The Board may disapprove any application for a permit, provided that the Board has afforded the applicant an opportunity to confer upon suggestions for change of the plan or map, and provided that the Board finds and states that the structure or building for which the permit was requested would, if erected, constructed, reconstructed, or altered as indicated, provoke one or more of the harmful effects set forth in Subsection A(2) hereof by reason of:

These guidelines are intended to facilitate the design review process by encouraging certain design characteristics which are deemed appropriate in achieving the standards set forth in § 300-22E. In rendering its judgments, the Board remains at liberty to depart from and may invoke standards which are not encompassed within these guidelines.

Massing.

Materials.

The use of evergreen plant material (e.g., pine, cedar, hemlock, holly, laurel, yew, pachysandra, myrtle, etc.) is encouraged to ensure that any planned visual buffers function effectively year-round.

If located in a front elevation of a residential building, the door or doors of a garage shall not have a total horizontal dimension which exceeds 50% of the horizontal dimension of the front elevation of the residential building.

Exterior mechanical equipment should be indicated on all drawings and should be properly shielded from view of all streets and adjacent properties.

The Board encourages the use of colors, singly or in combination, which are consistent with the visual character of the existing buildings and landscape of the Village. Strident color schemes or colors which compete with those of the natural landscape are strongly discouraged.

Style.

No structure hereafter erected shall be used and no land shall be used or changed in use until a certificate of occupancy therefor has been issued by the Building Inspector.

It shall be the duty of the Building Inspector to issue a certificate of occupancy as promptly as practicable, and in any case within 10 days after an application for such certificate shall have been filed in his or her office by any owner, after having determined that the building and premises and the proposed use thereof conform with all requirements of this chapter and of the State Uniform Fire Prevention and Building Code.[1] Each application for a certificate of occupancy shall be accompanied by a fee in the amount required by the Village Board of Trustees.

A Board of Appeals is hereby created. It shall consist of five members, one of whom shall be appointed Chairman, and another deputy Chairman who shall act in the absence or inability of the Chairman for a period of three years. The Mayor subject to the approval of the Board of Trustees shall appoint the members for a term of five years, except that the terms of the first five members shall have terms from one to five years as provided in Village Law § 7-712. In case of a vacancy, the successor shall be appointed to serve for the unexpired portion of the term of his or her predecessor.

All meetings of the Board of Appeals shall be held at the call of the Chairman and at such other times as such Board may determine. Such Chairman, or in his absence, the acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of such Board shall be open to the public. 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 examination 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 Village Clerk and shall be a public record.

Interpretation. Upon appeal from a decision by an administrative official, to decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary if there is uncertainty with respect thereto.

Appeals. To hear all appeals from any of the decision of the Building Inspector, the Architectural Review Board or any other appeals pertaining to this chapter not otherwise provided for in this chapter or by law.

Variances. Upon such appeals, where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, to vary or modify the application of any of the regulations or provisions of this chapter relating to the use, construction or alteration of buildings or structures, or the use of land, so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done.

The following sections of the New York State Village Law are hereby superseded and amended in its application to the Village of Old Brookville, New York, as follows:

The Board of Appeals shall act in strict accordance with the procedure specified by law and by this chapter. All appeals and applications made to the Board shall be in writing, on forms prescribed by the Board. Every appeal or application shall refer to the specific provision of this chapter involved, and shall exactly set forth the interpretation that is claimed the use for which the special permit is sought, or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be. At least 20 days before the date of the hearing required by law on an application or appeal to the Board of Appeals, the secretary of said Board shall transmit to the Planning Board a copy of said application or appeal, together with a copy of the notice of the aforesaid hearing and shall request that the Planning Board submit to the Board of Appeals its opinion on said application or appeal, and the Planning Board shall submit a report of such advisory opinion prior to the date of said hearing. Upon failure to submit such report, the Planning Board shall be deemed to have approved the application or appeal.

Every decision of the Board of Appeals shall be by resolution, in accordance with New York State Village Law § 7-712-a(9), as amended by Local Law 7-2007 of the Village.[2]