Village of Matinecock, NY
Nassau County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Matinecock as indicated in section histories. Amendments noted where applicable.]
GENERAL REFERENCES
Planning Board — See Ch. 130.
Zoning — See Ch. 195.
[1]
Editor's Note: Former § 18-1, Amendment of Village Law § 7-712, Subdivisions 1 through 5, was repealed 4-15-2003 by L.L. No. 1-2003.
[Adopted 7-20-1999 by L.L. No. 1-1999]
A. 
Subdivision 11 of § 7-712 of the Village Law, which section was last amended by Chapter 137 of the Laws of 1998, is hereby superseded and amended in its application to the Village of Matinecock to read, in part, as follows:
§ 7-712
11.
Alternate members.
a.
A Village Board of Trustees may, by local law or as a part of the local law creating the Zoning Board of Appeals, establish alternate Zoning Board of Appeals member positions for purposes of substituting for a member in the event such member is unable to participate because of a conflict of interest or is otherwise absent. Alternate members of the Zoning Board of Appeals shall be appointed by the Mayor, subject to the approval of the Board of Trustees, for terms established by the Village Board of Trustees.
b.
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 or is otherwise absent 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.
c.
All provisions of this section relating to Zoning Board of Appeals member training and continuing education, attendance, conflict of interest, compensation, eligibility, vacancy in office, removal and service on other boards shall also apply to alternate members.
B. 
Pursuant to § 7-712, Subdivision 11, of the Village Law, as amended above, the Board of Trustees of the Incorporated Village of Matinecock hereby confirms the position of alternate member to the Zoning Board of Appeals previously authorized by § 18-1 of this chapter.
C. 
If this section conflicts with any provision of § 18-1 of this chapter, then this section, to the extent of conflict, shall be deemed to supersede the conflicting provisions of § 18-1.
[Added 4-15-2003 by L.L. No. 1-2003]
The following subsection of § 7-712-a of the Village Law, as last amended by Chapter 476 of the Laws of 1999, is hereby superseded and amended in its application to the Village of Matinecock, New York, as follows:
§ 7-712-a. Board of appeals procedure.
9.
Filing of decision and notice. The decision of the Board of Appeals on the appeal shall be filed in the office of the Village Clerk within 20 business days after the day such decision is rendered and a copy thereof mailed to the applicant.
(a)
The Board of Appeals may render its decision in a summary format, setting forth the Board's decision and conditions imposed, if any, without enumerating detailed findings which formed the basis for its determination. Any person aggrieved by a decision of the Board may, within 30 days after the filing of the summary decision in the office of the Village Clerk, file a written demand with the Village Clerk, demanding that the Board of Appeals publish its findings which formed the basis for its decision. The Village Clerk shall deliver this demand to the Chairman of the Board of Appeals, who shall cause the Board of Appeals to publish and file its findings with the Village Clerk. If any aggrieved person seeks judicial review without having requested a findings statement, the Chairman or a member of the Board of Appeals may submit the Board's findings by affidavit as part of the Board's court pleadings.
(b)
The date of filing of the Board of Appeals' decision in summary format with the Village Clerk shall be deemed the date of the filing of the Board's decision for all purposes, except when a timely written request is made for a statement of findings. In those cases, the date of filing of the findings statement with the Clerk shall be deemed the date of filing of the decision of the board for all purposes.
[Added 4-15-2003 by L.L. No. 1-2003]
The following subsection of § 7-712-c of the Village Law, as last amended by Chapter 476 of the Laws of 1999, is hereby superseded and amended in its application to the Village of Matinecock, New York, as follows:
§ 7-712-c. Article seventy-eight proceeding.
1.
Application to supreme court by aggrieved persons. Any person or persons, jointly or severally aggrieved by any decision of the Board of Appeals or any officer, department, board or bureau of the Village, may apply to the supreme court for review by a proceeding under Article 78 of the Civil Practice Law and Rules. Such proceeding shall be instituted within 30 days after the filing of a decision of the Board in the office of the Village Clerk, as provided for in § 7-712-a(9)(b).