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Old 02-21-2010, 10:10 AM
 
Location: Wellsville, Glurt County
2,845 posts, read 10,540,874 times
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Quote:
Originally Posted by Walter Greenspan View Post
sean sean sean sean, the reason that Atlantic Beach was the only village to incorporate after the 1939 Nassau County Charter revision is that the 1939 Nassau County Charter revision took zoning control away from any village formed after that date. So, for many a year, until about 10 years ago, the Village of Atlantic Beach was the only village in Nassau County, and maybe in all of New York State, that did not have local zoning control.

It was, and is, this inability to have local zoning control, the prime reason to form a village, that has kept other areas from incorporating as villages.

About 10 years, or so, ago, the Town of Hempstead gave local zoning control to the Village of Atlantic Beach. I don't think that either the Town of North Hempstead or the Town of Oyster Bay have passed similar local ordinances.
Ahhh, that's it - I remember you telling me this another time now....

Seems kind of odd to me, especially because the Town of Hempstead was able to cede zoning control to Atlantic Beach later on, even though the legislation is at the county level. Aren't villages supposed to be governed by a charter set up by the state? Do you think that if a new village were formed, and the 1939 Nassau County Charter revision were challenged in state courts, that it would hold up? That's a lot of work to go through, of course, just to add "another level of government" which many Long Islanders are already so wary of.

I'm actually curious specifically because of the thread grant516 started on the Lighthouse, I liked his idea!

Quote:
Originally Posted by JosephPicarilloJr. View Post
Where do you drink on a weekend? I'd like to drink with you and chat about LI. Actually, you, me, dman72 and azzurony should meet up sometime.
LOL I actually don't drink anywhere anymore, but for such a meeting of the minds I could be lured out of retirement! Your posts on here so far have been excellent and I have a ton of respect for both dman and azzuro even though I don't always agree with them.
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Old 02-21-2010, 11:01 AM
 
9,341 posts, read 29,781,415 times
Reputation: 4574
Quote:
Originally Posted by sean sean sean sean View Post
Seems kind of odd to me, especially because the Town of Hempstead was able to cede zoning control to Atlantic Beach later on, even though the legislation is at the county level.

The 1939 Charter revision left zoning control with the town(s) that a village, formed after 1939, was in, so I suspect that the town(s) legally could subsequently cede this zoning control back to a village formed after 1939.


Quote:
Originally Posted by sean sean sean sean View Post
Aren't villages supposed to be governed by a charter set up by the state?
Currently, and since the mid-1800s, villages are no longer individually chartered but form following the rules established by legislative formula found in the Village Law.


Quote:
Originally Posted by sean sean sean sean View Post
Do you think that if a new village were formed, and the 1939 Nassau County Charter revision were challenged in state courts, that it would hold up? That's a lot of work to go through, of course, just to add "another level of government" which many Long Islanders are already so wary of.
I do not know. My guess is that it has been tested in court and was held valid.
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Old 02-21-2010, 12:33 PM
 
Location: Wellsville, Glurt County
2,845 posts, read 10,540,874 times
Reputation: 1417
Quote:
Originally Posted by Walter Greenspan View Post
Currently, and since the mid-1800s, villages are no longer individually chartered but form following the rules established by legislative formula found in the Village Law.
That's what I meant - since the Village Law is statewide and universal, how does Nassau County have the authority to deny the rights set out in it to local communities wishing to incorporate? I know you're probably not sure from the rest of the answer, just throwing it out there as a question for anyone else.
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