A village is governed by a Board of Trustees (called the Board) that includes a Mayor and Trustees; they, individually, comprise the Executive and Legislative branches of what is known as "local" government. Individual "local laws" are enacted by the Board, and the entire body of law is called the Village Code. Since the Board is legislative, they are bound by the laws they enact, and they cannot vary them.
That is why the State of New York requires villages that have zoning authority, as does Flower Hill, to have a Zoning Board of Appeals. The ZBA, as it is called, is empowered to permit a "variance" from a specific provision of the Village Code, where the applicant can demonstrate his entitlement as provided in the New York State Village Law, section 7-712-b.
There are two kinds of variances, area variances and use variances, each of which is treated differently. But in each case, the ZBA must balance the benefit to the applicant against the detriment to the health, safety and welfare of the entire community. In making this determination, the New York State statute establishes the criteria that must be applied by the ZBA, and this decision can he made only after a public hearing with specific notice to the immediate neighbors of the applicant.
At the hearing, the applicant and the public must present evidence to support their respective claims. It is not enough to express a dislike for a particular project, and even if a large number of the public are opposed to the proposed variance, that alone is not sufficient to defeat it. Evidence must be produced to show that it will adversely affect the entire community. The ZBA is not permitted to consider opinion (except from a qualified expert witness), but can only accept evidence in accordance with the New York State statute.
Applicants who desire a variance, and those who oppose it, should realize that the technical requirements of the statute are sometimes best presented by a professional, such as an architect or a lawyer. Forms for an application may be obtained from Village Hall or down-loaded from the Village Web Site.
