The Oyster Bay Town Board has approved the appointment of John J. Fanning of Oyster Bay to fill an unexpired term on the Town's Zoning Board of Appeals. Mr. Fanning is Hempstead District Director for the New York State Workers' Compensation Board and a former chairman and commissioner of the New York State Labor Relations Board. His term is effective through Dec. 31, 2008. The announcement was made by Town Councilman Angelo Delligatti. He explained, the ZBA is an autonomous, seven-member board which issues variances and exemptions from the town's building and zoning ordinances and conducts public hearings on such requests.
Mr. Fanning's appointment completes the required number of members on the board. When Lew Yevoli was town supervisor he tried to change the ZBA from a seven-member board, to a five-member board, in an attempt to streamline government and reduce taxes, saying that the NYS minimum requirement was for a three-person board. The town board majority (Republican and Conservative members) did not agree with Mr. Yevoli, a Democrat. Each of the seven ZBA board members are assigned a section of the town and when an application falls in their area, they check on the application. Another member may go, but at least that one goes to the site to check on the affect of the request.
Matthew Meng, president of the East Norwich Civic Association who is involved in researching incorporation for the village commented that having only three members on a ZBA board could cause problems in having a quorum, which is necessary to conduct meetings. In incorporated villages residents serve on the ZBA and planning boards, etc. as volunteers, with no pay. Under current practices, if East Norwich was incorporated it would not have zoning powers and would not need a ZBA.
In 1938, Nassau County Executive Russell Sprague originated the concept to eliminate zoning powers for any village created after that date. Recently the Village of Atlantic Beach was formed after years of litigation and to accommodate them, the charter now states that any village incorporated after 1962 cannot have zoning powers. Village Officials Association Executive Director Warren Tackenberg, past mayor of the Village of New Hyde Park said at a meeting in August, that there are 10,000 residents in 3,000 houses in his village. The village has 100 employees, and five work in their library. Their ZBA costs $600 a year to run. The TOB ZBA salaries total $211,442.
The Town of Oyster Bay's ZBA is comprised of a chairman, vice-chairman and five members, all of whom are appointed by the town board for five-year terms and are salaried. The chairman receives a salary of $22,790; the vice chairman receives $20,140 and the members each receive $18,550. The members of the board are: Jack Libert, of Oyster Bay; chairman; Wayne Brown, of Massapequa, vice chair; and members Scott Guardino of Sea Cliff, Jacqueline Waters of Hicksville, Susan Cloninger of Bayville, Joseph Bordino of Massapequa and the recently appointed John J. Fanning of Oyster Bay.
The town has a full time secretary, Joseph Saladino who receives a salary of $75,762. Mr. Saladino is the former director of operations for the town board. The ZBA members receive the same medical and dental benefits as regular town employees. If they wish to join the retirement system the cost to them is 3 percent of their salary and they get credit toward their pension, but only for the hours they work.
The ZBA meets about twice a month. Board members visit the sites that will be heard at a meeting, and are able to discuss the different venues with the public. The town schedules Massapequa hearings first, since those residents have the longest trip to get home, and Oyster Bay is the last, again considering they live nearby. Attorneys at a ZBA meeting complimented the board saying they are knowledgeable and as a result the meetings run faster than at other municipalities where often fewer hearings are scheduled for each night, which delays the process.
Oyster Bay Town Councilman Angelo Delligatti recently announced that the Town of Oyster Bay Zoning Board of Appeals has approved a schedule of meeting dates for 2004.
The schedule of 2004 meetings, which are held Thursdays beginning at 7 p.m. (and end when the final hearing is heard, which can be as late as 1 to 2 a.m.) is as follows: January 22; February 5, 26; March 4, 18; April 1, 22; May 6, 20; June 3, 17; July 1, 15, 29; August 12, 26; September 9, 23; October 7, 21; November 4, 18 and December 2, 16.
All meetings are held in the Hearing Room of Town Hall East, 54 Audrey Avenue, Oyster Bay. The ZBA schedule is available on the town's website a few days before the meeting. The list is also posted in a case in the foyer of the town hall building on South Street. The town website is www.oysterbaytown.com.