2010 New York Code
TWN - Town
Article 16 - (261 - 285) ZONING AND PLANNING
267-A - Board of appeals procedure.

§  267-a.  Board  of appeals procedure. 1. Meetings, minutes, records.
  Meetings of such board of appeals shall be open to  the  public  to  the
  extent  provided in article seven of the public officers law. Such board
  of appeals shall keep minutes of its proceedings, showing  the  vote  of
  each  member  upon  every  question,  or  if  absent or failing to vote,
  indicating such fact, and shall also keep records  of  its  examinations
  and other official actions.
    2.  Filing  requirements.  Every  rule, regulation, every amendment or
  repeal thereof, and every order, requirement, decision or  determination
  of  the  board of appeals shall be filed in the office of the town clerk
  within five business days and shall be a public record.
    3. Assistance to board of appeals. Such board shall have the authority
  to call upon any department, agency or employee of  the  town  for  such
  assistance  as  shall  be deemed necessary and as shall be authorized by
  the town board. Such department, agency or employee  may  be  reimbursed
  for any expenses incurred as a result of such assistance.
    4.  Hearing  appeals.  Unless  otherwise  provided  by  local  law  or
  ordinance, the jurisdiction of the board of appeals shall  be  appellate
  only  and  shall  be  limited  to  hearing and deciding appeals from and
  reviewing  any  order,   requirement,   decision,   interpretation,   or
  determination  made  by  the  administrative  official  charged with the
  enforcement of any ordinance or  local  law  adopted  pursuant  to  this
  article.  Such  appeal  may  be  taken by any person aggrieved, or by an
  officer, department, board or bureau of the town.
    5. Filing of administrative decision and  time  of  appeal.  (a)  Each
  order,  requirement,  decision,  interpretation  or determination of the
  administrative official charged with the enforcement of the zoning local
  law or ordinance shall be filed in the  office  of  such  administrative
  official,  within  five  business  days from the day it is rendered, and
  shall  be  a  public  record.  Alternately,  the  town  board  may,   by
  resolution,  require  that  such  filings  instead  be  made in the town
  clerk's office.
    (b) An appeal shall be taken within sixty days after the filing of any
  order, requirement, decision, interpretation  or  determination  of  the
  administrative official, by filing with such administrative official and
  with  the  board  of  appeals a notice of appeal, specifying the grounds
  thereof and the relief sought. The administrative official from whom the
  appeal is taken shall forthwith transmit to the board of appeals all the
  papers constituting the record upon which the action appealed  from  was
  taken.
    6.  Stay  upon  appeal.  An  appeal  shall  stay  all  proceedings  in
  furtherance of the  action  appealed  from,  unless  the  administrative
  official  charged  with  the enforcement of such ordinance or local law,
  from whom the appeal is taken, certifies to the board of appeals,  after
  the  notice  of  appeal  shall  have  been filed with the administrative
  official, that by reason of facts stated  in  the  certificate  a  stay,
  would,  in his or her opinion, cause imminent peril to life or property,
  in which case proceedings shall  not  be  stayed  otherwise  than  by  a
  restraining  order  which may be granted by the board of appeals or by a
  court of record on application, on notice to the administrative official
  from whom the appeal is taken and on due cause shown.
    7. Hearing on appeal. The board of appeals shall fix a reasonable time
  for the hearing of the appeal or other matter referred to  it  and  give
  public  notice  of  such  hearing  by  publication in a paper of general
  circulation in the town at least five days prior to  the  date  thereof.
  The  cost  of sending or publishing any notices relating to such appeal,
  or a reasonable fee relating thereto, shall be borne  by  the  appealing
  party  and  shall  be  paid  to  the  board prior to the hearing of such

appeal. Upon the hearing, any party may appear in person, or by agent or
  attorney.
    8. Time of decision. The board of appeals shall decide upon the appeal
  within sixty-two days after the conduct of said hearing. The time within
  which  the  board of appeals must render its decision may be extended by
  mutual consent of the applicant and the board.
    9. Filing of decision and notice. The decision of the board of appeals
  on the appeal shall be filed in the office of the town clerk within five
  business days after the day  such  decision  is  rendered,  and  a  copy
  thereof mailed to the applicant.
    10.  Notice  to park commission and county planning board or agency or
  regional planning council. At least five days before such  hearing,  the
  board  of  appeals  shall  mail  notices  thereof to the parties; to the
  regional state park commission having jurisdiction over any  state  park
  or  parkway  within  five  hundred feet of the property affected by such
  appeal; and to the county planning board or agency or regional  planning
  council, as required by section two hundred thirty-nine-m of the general
  municipal  law, which notice shall be accompanied by a full statement of
  such proposed action, as defined  in  subdivision  one  of  section  two
  hundred thirty-nine-m of the general municipal law.
    11.  Compliance with state environmental quality review act. The board
  of appeals shall comply with the provisions of the  state  environmental
  quality review act under article eight of the environmental conservation
  law  and its implementing regulations as codified in title six, part six
  hundred seventeen of the New York codes, rules and regulations.
    12. Rehearing. A motion for the zoning board  of  appeals  to  hold  a
  rehearing  to  review  any order, decision or determination of the board
  not previously reheard may be  made  by  any  member  of  the  board.  A
  unanimous  vote of all members of the board then present is required for
  such rehearing to occur. Such rehearing is subject to  the  same  notice
  provisions  as  an  original  hearing. Upon such rehearing the board may
  reverse, modify or annul its original order, decision  or  determination
  upon  the unanimous vote of all members then present, provided the board
  finds that the rights vested in persons acting in good faith in reliance
  upon the reheard order, decision or determination will not be prejudiced
  thereby.
    13.  Voting  requirements.  (a)  Decision  of  the  board.  Except  as
  otherwise  provided  in subdivision twelve of this section, every motion
  or resolution of a board of appeals shall require for its  adoption  the
  affirmative  vote  of  a  majority  of  all  the members of the board of
  appeals as fully constituted regardless of vacancies or absences.  Where
  an  action is the subject of a referral to the county planning agency or
  regional planning council the voting provisions of section  two  hundred
  thirty-nine-m of the general municipal law shall apply.
    (b) Default denial of appeal. In exercising its appellate jurisdiction
  only,  if  an affirmative vote of a majority of all members of the board
  is not attained on a motion or resolution to grant a variance or reverse
  any order, requirement, decision or  determination  of  the  enforcement
  official  within  the time allowed by subdivision eight of this section,
  the appeal  is  denied.  The  board  may  amend  the  failed  motion  or
  resolution  and vote on the amended motion or resolution within the time
  allowed without being subject to the rehearing process as set  forth  in
  subdivision twelve of this section.