[HISTORY: Adopted by the Board of Trustees
of the Village of Sea Cliff 10-1-1979, effective 11-4-1979. Amendments
noted where applicable.)
GENERAL REFERENCES
Environmental Conservation Commission — See Ch. 8.
Official Village newspaper — See Ch. 21.
Architectural design review — See Ch. 38.
Building construction administration — See Ch. 48.
Site plan review — See Ch. 107.
Subdivision of land — See Ch. 112.
Zoning — See Ch. 138.
Board of Architectural Review rules — See Ch. A141.
Schedule of fees — See Ch. A142.
Planning Board rules — See Ch. A145.
Public access to and inspection and copying of public records — See Ch. A146.
Environmental Conservation Commission rules — See Ch. A151.
The Zoning Board of Appeals (hereinafter referred
to as the "Board") shall have the following purpose and authority:
A.
Appeals:
(1)
To hear and decide appeals from, and to review any
order, requirement, decision or determination made by, the Building
Inspector or any other officer, official or board charged with enforcement
of the Zoning Law of the Incorporated Village of Sea Cliff[1] (hereinafter referred to as the "Zoning Law").
B.
Applications:
(1)
To hear and decide applications for special permits
as authorized by the Zoning Law.
C.
Other matters:
(1)
To hear and decide all other matters referred to it
by the Village Board of Trustees or matters which it may be required
to decide under the provisions of any law of the State of New York,
and local law of the Incorporated Village of Sea Cliff or this Code.
D.
Employees.
[Added 6-19-2000]
(1)
To employ experts.
(2)
Where an expert is to be compensated by the Village,
the prior authorization of the Board of Trustees shall be required.
Such authorization shall be by resolution of the Board of Trustees.
(3)
Upon the approval of the Board of Trustees, the expert
shall be retained by the Zoning Board or the Board of Trustees and
compensated by the Village in the manner authorized by the resolution
of the Board of Trustees.
(4)
The Zoning Board shall appoint a Secretary to the
Zoning Board and shall have such other clerks and secretaries as shall
be appointed by the Board of Trustees. The Secretary shall be appointed
for a period of not more than one year and shall serve the Zoning
Board at the discretion of the Zoning Board.
[Amended 9-6-2011 by L.L. No. 7-2011]
The Board shall hold the following types of
meetings:
A.
Public hearings: meetings for the purpose of receiving
evidence, hearing witnesses and considering the following:
(1)
Appeals from and review of any order, requirement,
decision or determination of the Building Inspector or other administrative
officer, official or board charged with enforcement of the Zoning
Law.
(2)
Applications for special permits as provided for in
the Zoning Law.
(3)
All other matters, including other appeals and applications,
referred to it by the Village Board of Trustees or matters which it
may be required to decide under the provisions of any law of the State
of New York, any local law of the Incorporated Village of Sea Cliff
or this Code.
B.
Public meetings: meetings for the purpose of conducting
official business of the Board.
C.
Executive sessions.
(1)
Executive sessions may be convened pursuant to law
for action on the following types of matters:[1]
(a)
Matters which would imperil the public safety
if disclosed.
(b)
Matters which might disclose the identity of
a law enforcement agent or informer.
(c)
Information relating to current or future investigation
or prosecution of a criminal offense which would imperil effective
law enforcement if disclosed.
(d)
Discussions regarding proposed, pending or current
litigation.
(f)
The medical, financial, credit or employment
history of any person or corporation or matters leading to the appointment,
employment, promotion, demotion, discipline, suspension, dismissal
or removal of any person or corporation by the Board.
(g)
The preparation, grading or administration of
examinations.
(h)
The proposed acquisition, sale or lease of real
property, but only when publicity would substantially affect the value
of the property.
[1]
Editor's Note: See Public Officers Law, Article
7.
(2)
A motion calling for an executive session must identify
the general subject to be considered at that session. Such motion
must be adopted by a majority vote of the Board taken at a meeting
which is open to the public.
(3)
Attendance at executive sessions shall be permitted
only to the members of the Board, their designated representatives,
invited members of the Village staff and other persons authorized
by the Board.
D.
Deliberation sessions. Meetings which are quasi-judicial
in nature, called as required for the purpose of discussing pending
appeals or applications. Such meetings shall be closed to the public.
Only such selected persons as the Board may invite shall be present.
No evidence shall be received at such sessions, no witnesses heard
and no final decisions made.
E.
Such other types of meetings as shall be determined
to be necessary from time to time by majority vote of the Board.
A.
Form of appeals and applications. An original and
11 copies of every appeal (e.g., a request to modify or reverse a
decision of the Building Inspector) or every application (e.g., a
request for a special permit) shall be made to the Board on forms
provided by the Village Clerk, or in substantially similar form. The
appeal or application shall include the data required by such forms
and shall be accompanied by any necessary surveys, diagrams, consents,
other supporting matter and statement of facts so as to supply all
information necessary for a clear understanding by the Board.
B.
Filing fees. The filing fee for such appeal or application shall be as set forth in Chapter A142, Schedule of Fees, and shall accompany each appeal or application filed.
C.
Where to file papers. Appeals or applications shall
be filed in the office of the Village Clerk, who also acts as Clerk
to the Zoning Board of Appeals. Upon receipt of an appeal or application,
properly filed, a copy shall be sent by the Clerk to each member of
the Board and the Board's counsel.
(1)
In the event that an application or appeal is withdrawn
prior to the time the Village has submitted a notice of public hearing
regarding such application or appeal to the newspaper for publication,
a refund amounting to 2/3 of the filing fee for such application or
appeal shall be returned to the applicant.
[Added 7-13-1987]
(2)
If an application or appeal is not withdrawn in time
to permit deletion of the notice therefor from the published notice
of public hearing, no refund shall be made.
[Added 7-13-1987]
D.
Notice to other boards. The Village Clerk shall, upon
receipt of the appeal or application and accompanying information,
forward copies of same to the Chairmen of the Board of Architectural
Review, Environmental Conservation Commission and Planning Board for
review and comment.
E.
Deposit requirements. In all cases where the Village will incur expenses,
including attorneys' fees in excess of five hours or any other
consultant providing engineering, surveying or other investigative
or expert advice, payment for those customary and reasonable fees
shall be the responsibility of the applicant. As determined by the
Building Department at the time of the submission of an application
or at such time as the Building Department, upon becoming aware of
any such anticipated costs, determines, an applicant shall be required
to deposit with the Village a sum as a reasonable estimate of those
costs, as may be determined from time to time by the Board of Trustees.
An applicant shall only be responsible for the costs that are actually
and necessarily incurred by the Village in connection with the application.
If the amount of the deposit is insufficient to cover the direct costs
incurred by the Village, the applicant shall, at such time as fixed
by the Village Clerk, deposit with the Village an amount deemed sufficient
to defray all such costs. Upon a determination that a deposit is required
or that the then on hand deposit is insufficient, no further hearings
on the application shall take place until the required sum is deposited
with the Village Clerk. If the amount deposited exceeds the actual
costs actually and necessarily incurred by the Village, the unused
portion of such deposit shall be returned to the applicant within
90 days after the decision on the application is filed with the Village
Clerk.
[Amended 2-12-2019 by L.L. No. 2-2019]
F.
Execution of appeal and application. Every appeal
and application to the Board shall be signed by an owner or by a contract
vendee of the premises affected by such appeal or application, or
by a duly authorized agent on his behalf, and shall contain an affirmation,
made under penalty of perjury, that it is true, correct and complete
to the best of the knowledge of the person so signing.
G.
Survey requirements. An accurate survey of the subject
property prepared by a licensed land surveyor, showing all the structures
erected or to be erected thereon and any additions thereto and their
distances from all property lines, must be attached to the original
and each copy of the appeal or application.
I.
Effect of improper appeals and applications. Any communication
purporting to be an appeal or application shall be regarded as a mere
notice of intention to seek relief and shall be of no force or effect
until it is made in the form which is required by this chapter. The
Clerk, upon receipt of any such communication, shall supply the writer
thereof with the proper forms for presenting his appeal or application.
A.
Hearings of the Board on appeals and applications
shall be scheduled in accordance with the following procedure:
(1)
Upon receipt by the Village Clerk of three or more
notices of appeal and/or applications, in proper order and in final
form for review, within a period of four weeks from the date of the
last public hearing, the date, place and time of the next hearing
to be held on such appeals and/or applications shall be fixed by the
Chairman of the Board, such date to be not more than four weeks from
the Thursday next following the receipt of the third notice of appeal
and/or application.
(2)
If only one or two notices of appeal and/or applications
are received within such four-week period, the Chairman shall set
the next hearing date to be not more than eight weeks from the date
of the last hearing.
(3)
In any case where the appeal or application indicates
that subdivision or site plan approval by the Planning Board will
be required,[1] the appellant or applicant shall submit an application
to the Planning Board simultaneously with the filing of his appeal
or application to the Zoning Board of Appeals. The Planning Board
shall take no final action until the Zoning Board has reached a decision
on the variance appeal or special permit application.
(4)
In any case where the appeal or application indicates
that a special permit or other approval will be required by the Board
of Trustees in order to use the premises as proposed, the appellant
or applicant shall submit an application to the Board of Trustees
simultaneously with the filing of his appeal or application to the
Zoning Board of Appeals. The appeal or application to the Zoning Board
shall not be considered to be complete or in proper order and in final
form for review, and no public hearing shall be held thereon by the
Zoning Board, until final action has been taken by the Board of Trustees
and a copy of such Board's decision made a part of the appeal or application
to the Zoning Board of Appeals.
(5)
In any case where the appeal or application indicates
that the matter must be referred to the Nassau County Planning Commission
for review,[2] the Board may, in the discretion of the Chairman, subject
to review by majority vote of the Board, determine that the appeal
or application is not complete or in proper order and in final form
for review, and no public hearing shall be held thereon by the Zoning
Board until the recommendation of the Nassau County Planning Commission
has been received and a copy of such recommendation made a part of
the appeal or application to the Zoning Board of Appeals. If a hearing
is held on such matter prior to receipt of the recommendation from
the Nassau County Planning Commission, the Board may, by majority
vote at a public meeting or hearing, adjourn such hearing pending
receipt of the recommendation from the Nassau County Planning Commission,
on the grounds that the appeal or application is not complete or in
proper order and in final form for review.
(6)
In any case where the application indicates that the
property is in a special flood hazard area,[3] the foregoing provisions of this section shall not initially
apply, and no further action shall be taken on the application until
a development permit indicating compliance with flood hazard reduction
provisions is obtained. Upon issuance of a development permit, the
foregoing provisions of this section shall then apply. Failure to
obtain a development permit shall preclude any further action on an
application under this or any other chapter of this Code.[4]
(7)
Notwithstanding the above, hearings may be held at
such other dates, places and times as the Board may determine by majority
vote either at public meetings or work sessions.
B.
Public meetings and work sessions may be called by
the Chairman of the Board and may also be held as determined by majority
vote of the Board, either at a public meeting or work session.
C.
Not less than seven days before the date fixed for
a hearing on an appeal or application, as provided above, a calendar
shall be furnished by the Village Clerk to each member of the Board.
At the same time, a copy of such calendar shall be posted in the office
of the Village Clerk. A copy of the notice of hearing, as published,
shall be considered the calendar.
A.
Public hearings.
(1)
The Chairman shall cause a notice of public hearing
to be given at least seven days prior to the date fixed for such hearing,
by publication of said notice in the official Village newspaper[1] and by posting such notice in the following locations:
(2)
The notice of public hearing shall clearly describe
the property in question and what the nature of the hearing will be.
It shall also state the date, time and place of the hearing.
(3)
The Village Clerk shall send a notice of public hearing,
by regular first-class mail, to all members of the Board and to each
appellant and applicant at least seven days prior to the date fixed
for such hearing.
(4)
On any application which involves property adjoining
a boundary line with the City of Glen Cove, the Village Clerk shall
send a notice of public hearing, by regular first-class mail, to the
office of the Clerk of the City of Glen Cove.
(5)
The applicant shall prepare a map (in such form as may be required
by the Village) showing the names of the owners of all parcels of
property located within a radius of 200 feet of the applicant's
property. Upon being provided with a copy of the legal notice of public
hearing (on a form provided by the Village), the applicant shall deliver
to the Building Department, prepaid, first-class mail, stamped envelopes
addressed to each owner on the radius list, with a return address
provided on the envelope as Village Hall, 300 Sea Cliff Avenue, PO
Box 340, Sea Cliff, New York 11579, and each envelope containing therein
a copy of the legal notice of public hearing, not less than 12 days
prior to the public hearing. The names of said owners shall be taken
as they appear on the last completed tax roll of the Village, except
that the addresses must be those of the actual places of residence
of the owners. Provided that the applicant timely submits all required,
prepaid envelopes containing the required legal notice, at least 10
days prior to the public hearing, the Village shall mail the envelopes.
[Amended 7-7-1986; 2-22-2005; 2-12-2019 by L.L. No. 2-2019]
B.
Public hearings and legal notices for applications involving air
conditioner units or playground equipment.
[Added 12-9-2019 by L.L. No. 8-2019[2]]
(1)
Notwithstanding any other provision in this Code, applications for
Zoning Board of Appeals, as permitted in this subsection, shall be
in accordance with the following procedure.
(a)
On an interior lot, an applicant for an air conditioner unit
or playground equipment approval shall provide a notice, as prepared
by the Village, to property owners of all properties that abut the
applicant's premises and all properties on the opposite side
of the street of the applicant's premises, including all properties
that either include land between the side property lines of the applicant's
premises or have at least one side or rear property line that is directly
across from any portion of applicant's property.
(b)
On a corner lot, an applicant for an air conditioner unit or
playground equipment approval shall provide a notice, as prepared
by the Village, to property owners of all properties that abut the
applicant's premises, all properties abutting the corner intersection,
and all properties on the opposite side of the street and between
the intersecting corner and the next intersection
(c)
For applications that would require Zoning Board of Appeals approval to permit an air-conditioning condenser unit or playground equipment, in lieu of the notice requirement provided in § A150-5A, the notice shall be sent in the following manner. The applicant shall prepare a map (in such form as may be required by the Village) stating the names of the owners of all properties to whom notice is required to be provided pursuant to § A150-5B(1) and (2). The applicant also shall deliver to the Building Department unsealed, prepaid, stamped envelopes addressed to each such property owner, with a return address provided on the envelope as Village Hall, 300 Sea Cliff Avenue, PO Box 340, Sea Cliff, New York 11579, and each envelope containing therein a copy of the plans depicting all details of the proposed unit or equipment, including the location, height, materials, and any proposed sound or visual attenuation measures. The Village shall place a notice in each envelope providing that the recipient of the notice has 14 calendar days to submit to the Village a written objection or concern to the fencing, and shall thereafter mail the envelopes.
(d)
If no person submits a written objection or concern to the Village
regarding the proposed unit or equipment, within the fourteen-day
period, and the proposed unit or equipment requires no further approvals
or review by any other board or agency with jurisdiction, the Building
Department shall issue a building permit for the proposed unit or
equipment.
(e)
If any person presents a written objection or concern to the
Village regarding the proposed unit or equipment, the applicant may
make an application for Zoning Board of Appeals approval for permission
to install the air-conditioning unit or playground equipment, upon
submitting an application to the Building Department requesting a
variance or other relief. The Zoning Board of Appeals application
procedure shall be the same as otherwise provided in this chapter.
C.
Notice of meetings scheduled at least one week in
advance, other than regularly scheduled meetings.
(1)
Unless held in conjunction with a public hearing,
notice of meetings scheduled at least one week in advance shall be
posted at least 72 hours in advance of such meetings in the office
of the Village Clerk.
(2)
Unless held in conjunction with a public hearing,
notice of meetings scheduled at least one week in advance shall be
given to the official Village newspaper[3] at least 72 hours in advance of such meetings.
(a)
When notice to the official Village newspaper
is sent by mail, it shall be sent at least one week in advance of
such meetings to ensure that such notice will meet the seventy-two-hour
advance requirement.
(b)
When notice to the official Village newspaper
is delivered personally or is given by telephone, a form or log shall
be kept in which the person providing the notice shall record the
date, time and name of the representative of the news media to whom
notice was provided, and shall so certify in writing.
D.
Notice of meetings scheduled less than one week in
advance.
(1)
Unless held in conjunction with a public hearing,
notice of meetings scheduled at least one week in advance shall be
posted as soon as practicable in the office of the Village Clerk.
(2)
To the extent practicable, notice to the official
Village newspaper shall be delivered personally or by telephone in
accordance with the procedure set forth above.
E.
Notice of regularly scheduled meetings.
(1)
Unless held in conjunction with a public hearing,
notice of meetings that are to be held regularly at specific times
and locations and on specific dates may be given by a single notice
to the public and the news media annually.
(2)
Unless held in conjunction with a public hearing,
notice of the regularly scheduled meetings shall be posted in the
office of the Village Clerk.
(3)
Unless held in conjunction with a public hearing,
notice of the regularly scheduled meetings shall be provided by mail
to the official Village newspaper.
(4)
Any news media other than the official Village newspaper
which request notice of meetings shall be given such notice in accordance
with this section.
F.
Designation and duties of person to provide public
notice.
(1)
Notice of meetings shall be provided to the public
and the official Village newspaper by the Clerk of the Board, or,
if there is none, then by the Board's Secretary.
(2)
Whenever possible, notice of the date, time and place
of meetings shall be provided to any person requesting same, whether
such request is made in person, in writing or by telephone.
G.
Deliberation. Notice of deliberation sessions shall
be given to all members of the Board at least 24 hours in advance
of such session.
A.
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.
Should the Chairman be absent at any meeting, he shall designate,
in advance, an Acting Chairman to act at such meeting. Should the
Chairman fail to do so, the Board shall, by majority vote, designate
such Acting Chairman at its meeting.
B.
At the discretion of the Chairman, the following shall
be the general order of conducting business at a public hearing:
(1)
Call hearing to order.
(2)
Read notice of public hearing, including statement
of the nature of the appeal or application.
(3)
Presentation of appeal or application.
(4)
Questions by members of the Board.
(5)
Statements by persons in favor of the appeal or application.
(6)
Statements by persons opposed to the appeal or application.
(7)
Questions by persons in attendance, as permitted by
the Chairman.
(8)
Conclusion of the hearing.
C.
In order to maintain orderly procedure, speakers shall
not be interrupted except by, or with permission of, the Chairman.
All appellants, applicants, speakers and witnesses shall either be
sworn or, in the absence of being sworn, shall be required to state
the truth as if under oath and under legal liability for full penalties
for perjury. Attorneys appearing before the Board shall not be sworn
but shall be fully accountable for the accuracy and truth of all their
statements to the Board and those present.
D.
Every person before the Board shall abide by the order
and direction of the Chairman. Discourteous or disorderly conduct
shall be regarded as a breach of privilege and shall be dealt with
as the Chairman deems proper.
E.
On all appeals and applications, an owner or contract
vendee of the property affected shall appear before the Board in person
or by his duly authorized agent or attorney. In case an owner or contract
vendee fails to appear in person or by his duly authorized agent or
attorney as aforesaid, the Board may dismiss his appeal or application
or adjourn the same to a later date.
F.
Except as may have been hereinbefore provided, meetings
shall be governed by standard parliamentary procedures.
G.
Meetings of the Board shall be held and formal action
taken thereat only when a quorum is present. A quorum shall be a simple
majority of the total number of Board members. If a quorum is present
at a meeting, affirmative votes equal in number to a majority of the
whole Board shall be necessary for any action to be taken, except
in cases where, by law, a larger proportion of the votes of the whole
Board shall be required.
H.
The Clerk or Secretary shall record the name of each
Board member present and the manner in which such member voted, including
abstentions, on each motion.[1] However, where a motion is approved or rejected by unanimous
vote, it shall be sufficient to record only those members present
and the fact of the unanimous vote.
[1]
Editor's Note: See Public Officers Law §§ 87
and 96.
I.
Minutes shall be taken at all meetings of the Board
which are open to the public and shall consist of a record or summary
of all motions, proposals, resolutions and any other matter formally
voted upon.
J.
Minutes shall be taken at executive sessions only
of actions taken by formal vote, if any, and shall consist of a record
or summary of the final determination of such action. Such record
or summary shall not include any matter which is not required to be
made public.[2]
K.
Minutes of meetings of the Board which are open to
the public shall be available to the public after their approval by
the Board at the next regular meeting. Minutes of executive sessions
shall be available to the public within one week from the date of
the executive session.[3] In the event that the Board shall not have approved such
minutes of executive sessions within the one-week period, the Chairman
is authorized to conditionally approve such minutes prior to public
release, with such conditional approval subject to ratification by
the Board at the next regular meeting.
[3]
Editor's Note: See Public Officers Law § 96.
L.
Stenographic minutes shall be taken at all public
hearings unless waived by the Chairman and the appellant or applicant.
A.
The final decision or determination by the Board on
any appeal or application shall be made and announced at a public
meeting and at a meeting of the Board of Trustees. By law, a decision
must be made within 62 days from the date of the final hearing on
such appeal or application;[1] however, failure to make a decision within such time shall
not be deemed a grant of the relief requested.
[1]
Editor's Note: See Village Law § 7-712-a.
B.
A written decision or determination (findings of fact
and conclusions of law), signed by the Chairman, shall be prepared
and filed with the Village Clerk as soon as practicable following
the public hearing. Such written decision or determination shall record
the vote of all Board members voting. Appellants and applicants shall
be notified promptly thereafter by the Village Clerk of such decision
or determination.
C.
In the case of appeals, the order, requirement, decision
or determination appealed from may be affirmed, reversed or modified,
in whole or in part, or may be dismissed for lack of jurisdiction
or prosecution.
D.
In the case of applications for special permits, the
application may be granted or denied in whole or in part.
E.
The Board, in reversing or modifying any order, requirement,
decision or determination appealed from or in granting any appeal
or application, may impose such terms and conditions as in its discretion
and judgment it deems necessary or proper, including the posting of
cash security or bonds to ensure compliance with such terms and conditions.
F.
A copy of each decision of the Zoning Board of Appeals,
when rendered, shall be forwarded to the Building Inspector. In cases
where an appeal or application has been granted, and conditions imposed
thereon, the Building Inspector shall not issue a certificate of occupancy
until, in his judgment, such conditions have been complied with.
G.
All appeals or applications relating to real property
located within 500 feet of a boundary of the Village, the boundary
of any existing or proposed county or state park or recreation area,
any county or state road or highway, county drainage facility or state
or county building must be referred to the Nassau County Planning
Commission for review before the Board of Appeals can take final action
on the appeal or application.[2] The Board may not render a decision until it receives
the Nassau County Planning Commission's recommendations, which are
to be made within 30 days after said Commission receives a full statement
of the appeal or application.[3]
[2]
Editor's Note: See General Municipal Law § 239-m.
[3]
Editor's Note: See § A150-4A(5) of this chapter regarding the scheduling of hearings where the recommendation of the Nassau County Planning Commission is required.
H.
The concurring vote of a majority of the Board shall
be necessary to any decision or determination. However, a decision
or determination which is contrary to the recommendation of the Nassau
Planning Commission on referred appeals and applications requires
a concurring vote of a majority plus one of all the members of the
Board. If there is less than such a majority vote in favor of an appeal
of application, such action shall constitute a denial thereof. Within
seven days after final action by the Zoning Board of Appeals on any
recommendation, modification or disapproval of the Nassau County Planning
Commission, the Board shall file a report with said Commission of
the final action which it has taken.
I.
In any case where approval by the Board of Architectural
Review shall be required,[4] such approval may be granted prior to a final decision
by the Zoning Board of Appeals. However, the Building Inspector shall
not issue a building permit until a final decision has been made by
the Zoning Board of Appeals and there has been compliance with all
applicable laws and provisions of this Code.
J.
Any appellant or applicant may withdraw his application
or appeal to the Board at any time prior to action thereon with the
consent of the Board.
K.
Any person aggrieved by the decision of the Zoning
Board of Appeals may appeal such decision to the Supreme Court of
the State of New York as provided in Article 78 of the Civil Practice
Law and Rules.
A.
No appeal or application dismissed or denied, in whole
or in part, may be considered again, except on a request by the appellant
or applicant to grant a rehearing and restore the case to the calendar.
A request to grant a rehearing shall be entertained by the Board if
substantial new evidence is submitted to it, or for such other reason
as the Board, in its discretion, considers sufficient. 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 put
on the calendar for rehearing.
B.
Unless waived by the Board in whole or in part, the
request for rehearing shall be made in the same manner and form and
for the same fees as an original appeal or application. The appellant
or applicant shall recite the reasons for requesting the rehearing
and shall provide any necessary supporting data with his request.
C.
Requests for rehearings shall be considered to be the same as a notice of appeal for purposes of fixing the date upon which such request shall be considered, and in that respect the provisions of § A150-4 of these rules shall apply. However, such requests need not be considered at a public hearing or meeting, and only the member of the Board need be given notice of when such request shall be considered. The initiation of a request for a rehearing shall in no way be construed to waive or limit the time requirements for the institution of an Article 78 proceeding.[1]
[1]
Editor's Note: See Village Law § 7-712-a.
D.
If the request for rehearing is granted, it shall
then be governed by the other provision of these rules pertaining
to original appeals and applications for purposes of scheduling hearings,
calendar, notice and disposition.
A.
In any case in which the Chairman or any member of
the Board shall deem it necessary, an inspection of the premises in
question may be made or ordered by the Board or any member or members
thereof who shall report their findings to the Board at a public meeting.
B.
In any case where a majority of the Board shall reasonably
require it, engineering or other technical expert investigation of
and advice on an appeal or application shall be made and provided
to the Board at the expense of the appellant or applicant. No decision
shall be rendered or become effective on any appeal or application
in which such investigation or advice has been required until the
cost thereof has been paid by the appellant or applicant.
Unless a longer term is specified in the decision
or determination of the Board, no such decision or determination granting
any appeal or application shall remain in force and effect longer
than 12 months from the date of such decision or determination unless
the appellant or applicant shall have in the meantime actually in
good faith commenced substantial work on the erection or alteration
of or addition to the building or structure in question or made use
of the property affected pursuant to the relief granted.
If the Board, present at a public meeting or
hearing thereof duly called, shall find that the application of any
of the foregoing rules will create a hardship to an appellant or applicant,
the Board may, by majority vote, modify or waive application of such
rules in that particular instance.
These rules and regulations may be amended by
the Board at any public meeting, provided that notice of such proposed
amendment and a copy of same has been given by the Chairman, in writing,
to each member of the Board not less than five days prior to such
meeting. Such amendments shall not become effective until approved
by resolution of the Village Board of Trustees, duly adopted.
