There shall be a Board of Appeals consisting of five members, heretofore appointed by the Board of Trustees. The method of appointment, terms of appointment and tenure of its members shall be as prescribed by law.

The Board shall appoint a Chairman at the beginning of its existence and at the beginning of each official year. At all meetings of the Board such Chairman or, in his absence, the Acting Chairman may administer oaths and compel the attendance of witnesses and the production of papers relevant to the matter at issue.

Such Board of Appeals shall hear and decide all appeals properly taken from any action or ruling of the administrative officer charged with passing upon applications for building or use permits pursuant to this chapter and any other matter pertaining to the provisions of this chapter which is properly referred to said Board in writing. In addition to such appellate jurisdiction, the Board of Appeals shall have original jurisdiction to hear and decide applications for variances of the provisions of this chapter and/or the provisions of § 7-734 of the Village Law and other matters properly referred to said Board.

The Board of Appeals shall give due notice, in writing, to an applicant and to the parties to an appeal of the date, time and place of the first hearing upon the appeal before the Board. Such notice shall be served upon the parties, either personally or by mail addressed to their last known address. A copy of such notice, with the date of the service upon the parties noted thereon, shall be filed with the Village Clerk, and a copy of such notice shall be published in the official paper of the Village at least 10 days prior to the date fixed for such hearing. Such hearings may be adjourned from time to time without further notice other than by open announcement at the meetings or hearings adjourned. At all meetings of and hearings before the Board, any party may appear in person or by agent or by attorney, at which time parties in interest and citizens shall have an opportunity to be heard.

Such Board of Appeals shall have the power and authority in passing upon and making rulings regarding appeals and other matters which duly come before it, to vary or modify the application of any of the regulations, provisions or restrictions of this chapter relating to the use, erection, reconstruction, remodeling or alteration of buildings or structures, or to the use or occupancy of land, so as to obviate practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provisions of this chapter and so that the spirit of this chapter shall be observed, public safety, health and welfare secured and substantial justice done, but any such action by such Board shall not be arbitrary, malicious or such as to vary or injure the stability of the neighborhood or lessen property values in the locality or to alter the essential character or distinctive feature of the entire locality of Quogue or of any portion thereof.

Whenever a permit or variance is granted by the Board of Appeals, such permit or variance shall be acted upon and, in the case of structural permit or variance, completed, within two years after the granting of same, unless an extension is granted by the Board of Appeals, and, if not so acted upon and completed within two years or such extended period, such permit or variance shall expire, provided, further, that in granting area or yard variances, the Board of Appeals may provide, in a specific case and for good cause shown, that such variance shall not be so limited.