Board of Appeals Rules
Pursuant to Town of Hempstead Building Zone Ordinance
§268, the Board of Appeals (hereinafter "Board") rules are as follows:
Article I — Applications
1. A direct application to the Board may be made only in those cases where no building permit will be required to effect the purpose of the application. In the event a building permit will be required to effectuate the purpose of the application, then application must first be made for same to the Buildings Department.
2. All applications and appeals to the Board shall be made upon the proper form, or shall be in substantially the same form as that prescribed by the Board, shall contain all information required by that form, and shall be presented to the Secretary of the Board together with the prescribed fee. The Secretary shall examine such application or appeal to ascertain whether it contains information sufficient to fully acquaint the Board or any interested person with the nature of the appeal or application, and information required as to the property concerned, the authority sought, and all other matters relevant thereto. If in the opinion of the Secretary, the application or appeals is sufficient, he shall cause such application or appeal to be the subject of a public hearing at a regular meeting. If, in the opinion of the Secretary, the application or appeal is insufficient, he shall return such application, or appeal to the applicant or appellant for completion as to matters in which it is found insufficient; upon completion such application or appeal may be resubmitted to the Secretary.
3. All applicants, except renewals, shall file ten (10) copies of the radius or area map, and twelve (12) copies of the plot plan, site plan, and/or surveys as required at the filing, and each such plot plan, site plan, or survey shall be clearly labeled as such.
4. Applicants, except renewals, shall file a complete and accurate list of names and addresses of all property owners within 100 feet of the boundary lines of the subject parcel when the application regards a residential use, or 300 feet of the boundary lines of the subject parcel when the application regards a non-residential use. Applicants, except renewals, shall file a list of units, both residential and commercial, both on the subject parcel and within 100 feet of the subject parcel, regarding of the use. Applicants, except renewals, shall file a complete and accurate list of names and mailing addresses of any village, city, town, state, municipal or district corporation, or other government agency having a boundary within 500 feet of the subject property.
5. Applicants, except renewals, shall file a map of all property within 200 feet of the subject property lines showing the size of the plots and whether the same are vacant or improved with residences or business structures, and how the properties are zoned.
6. On all requests for front yard setback variances for a dwelling or attachment to a dwelling, the applicant shall file a map showing setbacks of all houses on the same side of the street for a distance of 200 ft. in each direction. If there is only one other house on the same side as the subject property, then a map showing setbacks of all houses on the opposite side of the street for 200 feet.
7. No application regarding multiple dwellings shall be accepted unless the applicant files with the application proof of registration with the multiple residence law.
8. If an application is for a special exception under the Town of Hempstead Building Zone Ordinance, then the applicant must specifically state the request and under which section the application is made.
9. The following persons, including business organizations, shall file disclosure affidavits with their applications:
A. Applicants;
B. Owners of property;
C. Applicants’ agents who will present their case, including attorneys;
D. Contract Vendees for the subject property; and
E. Lessees of the subject property.
10. On all applications regarding a subdivision, in addition to all other requirements, a composite sketch of all structures must be shown on all parcels on a radius map submitted at the time of filing.
11. The Secretary shall prepare a calendar for every regularly scheduled meeting. He shall assign a calendar number to each case and fix the date of hearing for each case on the first available regular meeting. Cases shall be calendared in the order in which they are filed.
12. Any applicant may request in writing that his or her case be expedited, whereby his or her application will be reviewed immediately and calendared to an earlier date if his or her request is granted. The Chairperson shall decide if a request to expedite a case is granted. If the Chairperson is unavailable, any other Board Member may make such decision.
A. Appeals and applications by municipal corporations, governmental agencies, and franchised public utility companies shall be entitled to a calendar preference upon request therefor. This shall not be deemed to dispense with the requirement of advertising and notices.
13. Special event applicants shall provide a list of names and addresses of all owners within 200’ of the subject parcel.
14. Appeals of Department of Buildings determinations (not requests for variances or special exceptions) shall file a written statement of what is being appealed and a summary of the appellant’s argument. Appellants do not have to file plot plans, maps, or lists of names and addresses.
Article II — Notice
The following rules shall be in addition to the notification requirements of New York State Law and the Town of Hempstead Building Zone Ordinance.
1. Applicants, except those filing renewal applications, shall give written notice on the form approved by the Board to every owner of property:
A. Abutting and within 100’ of a parcel regarding a 1- or 2-family use, by certified mail; and
B. Abutting a parcel regarding any other use, by certified mail; and to all other owners within 300’, by first class mail.
2. Applicants, except renewal applications, shall give written notice on the form approved by the Board of Appeals to every occupant of the subject parcel’s units and every occupant of every unit on property within 100 feet of the subject parcel, addressed to same as "Occupant," by first class mail.
3. All notices required by this section to be sent by mail, first class or otherwise, shall be mailed neither less than 20 days nor more than 27 days before the date set for public hearing upon such petition or application. If an applicant fails to send by mail the aforesaid notice within the required timeframe, the applicant may personally serve said notice, provided said notice contains a waiver of timely notice on the Board’s form, upon any person or entity required to receive such notice. Such personal service shall be completed no later than twelve (12) days prior to the hearing date, and an affidavit(s) of personal service, on the Board’s form, with the waiver(s) shall be filed with the Board no later than seven (7) days prior to said hearing. This rule may be modified in the discretion of the Chairperson on a case by case basis.
4. Each notice given pursuant to this Article shall be signed by the petitioner or applicant, or by his or her agent or attorney, if any; shall identify the property affected thereby; shall set forth the relief requested; and shall state the date, hour and place fixed by the Board for a hearing thereon.
5. An affidavit of mailing in the form furnished by the Board, with Post Office receipts for certified mailings, shall be filed in the office of the Board. The filing of such affidavit of service shall constitute prima facie evidence that the applicant complied with these notice requirements herein.
6. In renewal cases regarding places of public assembly, entertainment, and/or cabaret use, the applicant shall comply with all the notification requirements of this Article as if such renewal application were a new application.
7. All Special Event applications requesting mechanical rides shall mail a copy of their notice certified mail to all abutting owners and to:
Nassau County Police Department
Attention: Commissioner
1490 Franklin Avenue
Mineola, New York 11501
Special event applicants shall also mail a copy of the notice to all owners within 200’ of the subject parcel, and a copy addressed to "Occupants" to all units within 200’ of the property. This mailing must be done by certified mail within the mailing timeframe for such applications, and the certified receipts must be stapled to the affidavit of service.
8. Appellants shall mail the written notice provided by the Board’s office by certified mail to the Buildings Commissioner, Town Attorney, and the owner of the subject parcel.
Article III — Hearings
1. Four members of the Board shall constitute a quorum by which the Board can hear and decide cases.
2. The Chairperson’s duties, or Acting Chairperson in the Chairperson’s absence shall be:
A. To preside at all meetings of the Board; and
B. To rule upon offers of proof and upon objections thereto; and
C. To regulate the order of business and the order of cases.
3. The following shall be the order of procedure unless otherwise directed by the Chairman:
A. The name of the applicant and the location of the property shall be read; then,
B. The applicant shall present their direct case, and the applicant may be questioned regarding same; then,
C. Objectors and/or interested parties shall present their direct case, and then be questioned regarding same; then,
D. Applicant may present their closing argument.
4. At any time before its final decision, the Board may require the applicant to furnish additional information and/or data as the Board deems necessary or advisable.
5. There shall be a decision calendar at every regular meeting by call of the Chairperson. The decision calendar shall consist of the cases heard and submitted on the meeting day together with a calendar of the cases heard and submitted on previous meeting.
6. A verbatim stenographic record shall be kept of all public hearings. One transcript of such stenographic record shall be made and filed in the Town Clerk's Office as a public record.
These rules may be amended, or any rule suspended at any regular meeting of the Board, by a majority vote of the Board members present.
These rules shall take effect immediately.
April 5, 2017
