[HISTORY: Adopted by the Board of Trustees
of the Village of Garden City 2-15-1951 by L.L. No. 1-1951. Amendments noted where
applicable.]
The first paragraph of § 179-b of
Chapter 64 of the Laws of 1909, entitled "An Act Relating to Villages,
Constituting Chapter 64 of the Consolidated Laws, as Amended,"[1] is hereby superseded and changed to read as follows:
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Such Board of Trustees shall appoint a Board
of Appeals consisting of five members and shall designate its Chairman.
The members of such Board in office on March 1, 1951, shall continue
in office until the end of the terms for which they were appointed
and until their successors have been appointed as herein provided
and have qualified. Of the members of such Board first appointed after
March 1, 1951, one shall hold office for the term of one year, one
for the term of two years, one for the term of three years, one for
the term of four years and one for the term of five years from and
after his appointment. Their successors shall be appointed for the
term of five years from and after the expiration of the terms of their
predecessors in office. If a vacancy shall occur otherwise than by
expiration of term, it shall be filled by the Board of Trustees by
appointment for the unexpired term. The Board of Trustees shall have
power to remove any member of the Board for cause and after public
hearing. All meetings of the Board of Appeals shall be held at the
call of the Chairman and at such other times as such Board may determine.
Such Chairman, or, in his absence, the Acting Chairman, may administer
oaths and compel the attendance of witnesses. All meetings of such
Board shall be open to the public. Such Board shall keep minutes of
its proceedings, showing the vote of each member upon every question,
or if absent or failing to vote, indicating such fact, and shall also
keep records of its examinations and other official actions. Every
rule, regulation, every amendment or repeal thereof and every order,
requirement, decision or determination of the Board shall immediately
be filed in the office of the Board and shall be a public record.[2]
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[Added 12-5-2018 by L.L.
No. 2-2018]
Notwithstanding any state or local law to the contrary, commencing
on April 1, 2019, no person shall be designated to or serve in the
position of Chairperson of the Zoning Board of Appeals for more than
seven consecutive official years, as defined in § 3-302
of the Village Law. For purposes of this section, service as Chairperson
immediately prior to April 1, 2018 shall be included in determining
whether or not any person has served for seven consecutive years.
Notwithstanding the foregoing seven-consecutive-year limitation, any
person duly appointed to the Zoning Board of Appeals shall be eligible
to serve or continue to serve as a member without limitation.
[Added 6-19-2008 by L.L. No. 5-2008]
A.
In accordance with Village Law § 7-712,
Subdivision 11(a) through (c), the Board of Trustees may establish
alternate Board of Appeals member positions for purposes of substitution
for a member who is unable to participate because of a conflict of
interest or absence. The Mayor may appoint alternate members, subject
to the approval of the Board of Trustees, in a number sufficient to
meet the needs of the Village, for terms established by the Board
of Trustees.
B.
The Chairman of the Board of Appeals may designate
an alternate member to substitute for a member who is unable to participate
because of a conflict of interest or absence on an application or
matter before such Board. When so designated, the alternate member
shall possess all the powers and responsibilities of the member of
such Board he or she is replacing, and all the provisions of the Village
Law relating to 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. When a designation is made by the Chairman of the
Board of Appeals, it shall be entered into the minutes of the Board
of Appeals meeting at which the substitution is made.
