[HISTORY: Adopted by the Board of Trustees of the Village of Ocean
Beach 6-28-80 by resolution. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 164.
A.
Regular meetings designated as public hearings of the
Board of Appeals shall be held on the first Saturday of each month at the
Village Office. Additional meetings of the Board shall be held at the call
of the Chairman and at such other times as such Board may determine.
B.
Meetings shall be devoted to hearings of appeals from
orders, requirements, decisions and determinations of the Building Inspector.
C.
All meetings of the Board shall be open to the public.
D.
A quorum of the Board shall consist of three members.
E.
The Chairman shall preside at all meetings and, subject
to these rules, shall decide all points of order or procedure, unless otherwise
directed by a majority of the Board in session at that time. The Chairman
shall report to the Board on all pertinent official transactions that do not
otherwise come to the attention of the Board. Should the Chairman be absent
at any meeting, then the Deputy Chairman shall preside. Should the Chairman
and Deputy Chairman both be absent at any meeting, then the Board shall designate
a Chairman to act at such meeting.
F.
At the hearing of an application before the Board, the
applicant shall first present his argument in support of the application,
and those in opposition shall follow. To maintain an orderly procedure, all
parties shall proceed without interruption from the other party.
G.
Every person appearing before the Board shall abide by
the order and direction of the Chairman. Discourteous or disorderly conduct
shall not be permitted and shall be dealt with as the Chairman deems proper.
H.
On all applications, the owner of the property affected
shall appear before the Board in person or by his duly authorized agent or
attorney. In the event that an owner fails to appear in person or by his duly
authorized agent or attorney, the Board may dismiss the application.
A.
Every application to the Board from a determination of
the Building Inspector shall be made in writing and filed with the Village
Clerk no later than 30 days from the date of the determination appealed from.
No application shall be heard unless it shall be filed with the Clerk at least
10 days before a scheduled hearing date.
B.
Every application to the Board shall be executed by the
owner of the property affected or by his duly authorized agent or attorney
on his behalf and shall be submitted in triplicate.
C.
Any communications purporting to be an application and
not prepared on the form designated by the Board for such application shall
be regarded as a mere notice of intention to seek relief and shall have no
force or effect until it is properly submitted. The Clerk, upon receipt of
any such information, shall advise the person of the procedure required by
this section.
As soon as an application is filed with the Village Clerk, the Clerk shall forward to the Fire Island National Seashore and to the Suffolk County Planning Commission, if required, a copy of the notice of application along with copies of all supporting documents required to be on file pursuant to § 64-5 of the Building Code Procedure Law.[1] Every applicant shall be notified by mail of the date this application
will be set for public hearing, which notice shall be mailed to such applicant
at the address designated by such applicant for such mailing and shall be
posted in at least six public places in the village at least seven days before
such meeting. Not less than seven days before the hearing thereon, a copy
of the calendar shall be furnished by the Clerk to each member of the Board.
A.
The final decision or determination by the Board on any
application shall be in writing and shall be signed by the Chairman and shall
state the reasons therefor with reference to specific provisions of the Zoning
Law.[1] Notice of such decision or determination shall be mailed to the
applicant, the Fire Island National Seashore, the Suffolk County Planning
Commission, if required, the Building Inspector, the Mayor and a notified
interested party, if requested. The Board, in reversing or modifying any order,
requirement, decision or determination appealed from, may impose such terms
and conditions as in its discretion and judgment it deems necessary or proper.
B.
three concurring votes of the entire Board shall be necessary
to any decision or determination. If there is less than a majority vote in
favor of an application, such action shall constitute a denial thereof.
C.
Any applicant may withdraw his application at any time
prior to final decision or determination with the consent of the Board.
D.
Rehearing.
(1)
No application dismissed or denied, in whole or in part,
may be resubmitted except upon a request by the applicant. No request to grant
a rehearing shall be entertained by the Board unless substantial new evidence
with such request is submitted to it. If, on motion of a member of the Board,
adopted by the affirmative vote of a majority of the Board present, the request
is granted, the case shall be placed on the calendar for rehearing on the
next scheduled hearing date.
(2)
In every case the request for the rehearing shall be
in writing, executed by the applicant or by his duly authorized agent or attorney,
and shall recite the reasons for the request and shall be accompanied by any
necessary data and diagrams.
(3)
Such request shall be filed with the Village Clerk no
later than 10 days after the date the decision or determination of the Board
is mailed to the applicant.
E.
No decision or determination of the Board reversing or
modifying, in whole or in part, the order, requirement, decision or determination
appealed from, which permits construction or alteration, shall remain in force
and effect for a period longer than 12 months from the date such decision
is filed, unless the applicant shall have, within such period of time, actually
and in good faith commenced substantial work on the erection or alteration
of the building or structure.
In any case in which the Board shall deem it necessary, an inspection
of the premises in question may be ordered by the Board. Such inspection shall
be made by the Chairman and by one or more members designated by him, and
they shall report their findings to the Board.
These rules of procedure may be amended by the Board at any regular
meeting, provided that notice of such proposed amendment has been given by
the Clerk in writing to each member of the Board not less than five days prior
to such meeting, except that if a majority of the Board present at a meeting
thereof duly called shall find that the application of any of the foregoing
rules shall create a hardship to an applicant or to an appellant, the same
may, in such case, upon the affirmative vote of a majority of the Board present,
be modified or waived.
