[HISTORY: Adopted by the Board of Trustees of the Village of Matinecock
as indicated in section histories. Amendments noted where applicable.]
[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Law § 7-712, Subdivisions 1 through 5, was repealed 4-15-2003 by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superseded and amended in its application to the Village of Matinecock to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.
| |||
[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as last amended by Chapter 476 of the Laws of 1999, is hereby superseded and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).
| |
