Does NYS RPL 334-a apply to subdivision approval of 31 Davidson place or LL 330-20ther

In my opinion the 31 Davidson Place subdivision was passed by the Planning Board (PB) in a closed door un-announced meeting on December 19th. This was two days after the PB cancelled a scheduled meeting on December 17th.  The Building Department referred this subdivision application to the PB for approval because the Building Department considered this to a three plot subdivision. In other words the building department could not approve and implied that the application was good to be reviewed by the PB. This should have triggered a PB hearing in my opinion to review the application. This has bothered me for a long time. The reason the PB said they could grant the subdivision without a hearing was because they were following NYS RPL 334-A.  NYS RPL 334-a became a law on JUNE 9, 1987.  To the best of my knowledge, I do not recall that this 26 YEAR OLD LAW had ever been applied to any RVC planning board decisions except this one. The PB said this state law allowed them to grant subdivision approval without a public hearing.

Now the Village Fathers have passed local law 330-20 where they decide to include references to the 27 year old law in section E   “ Where authorized to do so pursuant to New York Real Property Law § 334-a, the Planning Board may, but shall not be required to, exercise its discretion to grant a waiver as provided in that statute. “ .    When I read 334-a for the life of me nowhere does a statute say the Planning Board at its discretion can waive a Planning Board hearing on a subdivision application.

 NYS RPL 334-a is titled “Filing of subdivision maps in Nassau county; penalty for non-filing”.  The law goes on to say in  section A  the “owner or agent may make written application to the planning commission or planning authorities having jurisdiction for a waiver of the filing requirements hereunder upon forms supplied by the appropriate planning commission. Such a waiver may be granted by such planning commission or planning authorities after determining that such subdivision plat is in compliance with this section and with the zoning and planning regulations of the city, town or village, as the case may be, in which the property is located. The request for a waiver shall be acted upon without a public hearing within fifteen days after the filing of the application unless such period shall have been extended by consent of the applicant.   ” The law clearly states that the waiving of subdivision maps lies with the Village. I understand this clearly to say that the PB can waive the forms necessary for Filing of subdivision maps in Nassau County. If the PB approved the subdivision based on this waiver then anybody can send a request into the PB and the PB can grant any subdivision which is more than 2 plots base on this interpretation of NYS RPL 334-a.  At a village meeting Trustee Grillo was going to read the applicants October 23, 2014 letter requesting???

 In my opinion the Board of trustees local law 330-20 defines the terms for a waiver of a subdivision hearing based on NYS RPL 334-a. In my opinion the NYS RPL law says the PB can waive the filing of subdivision maps in Nassau County and not the waiver of the Planning Boards requirement to hold a public meeting on subdivisions when the business of the residents are being discussed. I hope my opinion sparks some interest in reviewing the 31 Davidson Ave. decision. Also, local law 330-20 which I believe unintentionally misinterprets NYS RPL 334-a.