Legislative findings. The Board of Trustees finds that it is in the best interests of the Village residents to create not more than five positions of alternate member of the Zoning Board of Appeals to sit on applications and other matters for such members as are unable to participate because of a conflict of interest or because of an inability to attend a meeting, in order to help assure that a quorum is readily available to hear applications and other matters in a timely manner. Since Paragraphs a and b of Subdivision 11 of § 7-712 of the Village Law solely provide for the establishment of such positions when members are unable to participate because of a conflict of interest, the Board of Trustees seeks to both implement the provisions of said section and simultaneously to supersede the limitations of said section, to the extent necessary, if at all, to provide that such alternate members may also act when members are unwilling, unavailable or, for any other reason, do not attend a meeting.

Supersession of Village Law § 7-712, Subdivision 11. Pursuant to the authority granted to Villages by Municipal Home Rule Law § 10, Subdivision (ii)e(2) and (3), the provisions of Paragraphs a and b of Subdivision 11 of § 7-712 of the Village Law are hereby superseded in their relation to the Village of Roslyn Estates, to the extent necessary, if at all, as set forth in this section.

Appointment and term. The Mayor is hereby authorized to appoint, subject to the approval of the Board of Trustees, not more than five alternate members to the Zoning Board of Appeals; each such appointee shall serve from the date of such appointment until the conclusion of the official year of the Village in which such appointment is made.

Designation and powers. 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 because of a conflict of interest on an application or other matter before the Zoning Board of Appeals, or when a member is unwilling, unavailable or, for any other reason, does not attend a meeting. When so designated. the alternate member shall possess all the powers and responsibilities of such member. When so designated. such designation shall be entered into the minutes of the initial Zoning Board of Appeals meeting at which the substitution is made.

Vary the application of the regulations herein established and establish appropriate requirements for irregular lots or lots of less than the required area or frontage in any district existing at the effective date of this chapter. In the case of a narrow corner lot or of any shallow, irregular or steeply sloping lot, existing as such at the effective date of this chapter, where conformity with the provisions of Article IV hereof would, in the judgment of the Zoning Board of Appeals, make it difficult to erect a practicable building or structure, the Board may allow such building or structure to project nearer to any street or lot line than is herein prescribed, provided that it can be done in a way to safeguard the neighborhood and provided that a compensating area shall be added to one or the other required open spaces and provided that in no case, in a residence district, shall any part of any building or structure be within less than five feet of any street, lot or line.

Grant temporary and conditional permits for not more than two years for nonconforming uses and buildings in undeveloped sections.

Determine and establish the true location of district boundaries in any disputed case.

Where a zone boundary line divides a lot in a single ownership at the effective date of this chapter, permit a use authorized on either portion of such lot to extend to the entire lot, but not more than 25 feet beyond the boundary line of the greater restricted zone.

Permit the extension of a nonconforming use or building upon the lot occupied by such use or building at the effective date of this chapter.

Permit any public utility in a restricted zone.

Determine whether or not any trade, industry or purpose of use, otherwise permitted by this chapter, would violate this chapter and, if so, to prohibit such trade, industry or use.

Grant a permit or special exception wherever it is provided in this chapter that the approval of the Zoning Board of Appeals is required.

Grant a permit for the erection of a single-family dwelling which shall have a volume of at least 25,000 cubic feet and a livable area of at least 1,500 square feet when, and only when within 200 feet of the lot on which said dwelling is to be erected, and on the same side of the street, there already exists another single-family dwelling which has a volume of less than 25,000 cubic feet and a livable area of less than 1,500 square feet, or when said lot abuts on property which is zoned for business uses.

Conduct a hearing, and render a decision, with respect to any application for a variance from any provision of this chapter relating to any project that also requires Architectural Review Board approval; provided, however, that this Board must render its decision prior to the conducting or holding of a hearing, or the rendering of a decision by the Architectural Review Board with respect to such related application.

Refrain from rendering a decision with respect to an application for variance from any provision of this chapter if the applicant requires a tree removal permit under Chapter 184 for any aspect of the project that is the subject of the application, until the Zoning Board has obtained input from the Village official or board having jurisdiction with respect to applications for tree removal; each applicant for variance must state in his application either that he has duly applied to the Village for permits to remove all trees that he proposes to remove in connection with the proposed project, in which case a copy of such tree permit application shall be submitted as part of the variance application, or that no trees are proposed to be removed in connection with the project.