2010 New York Code
TWN - Town
Article 16 - (261 - 285) ZONING AND PLANNING
274-B - Approval of special use permits.

§ 274-b. Approval of special use permits. 1. Definition of special use
  permit. As used in this section the term "special use permit" shall mean
  an authorization of a particular land use which is permitted in a zoning
  ordinance  or  local law, subject to requirements imposed by such zoning
  ordinance or local law to assure that the proposed  use  is  in  harmony
  with  such  zoning  ordinance or local law and will not adversely affect
  the neighborhood if such requirements are met.
    2. Approval of special use permits. The town board may, as part  of  a
  zoning  ordinance or local law adopted pursuant to this article or other
  enabling law, authorize the planning board or such other  administrative
  body  that  it shall designate to grant special use permits as set forth
  in such zoning ordinance or local law.
    3. Application for area variance. Notwithstanding any provision of law
  to the contrary, where a proposed special use  permit  contains  one  or
  more   features  which  do  not  comply  with  the  zoning  regulations,
  application may be made to the zoning  board  of  appeals  for  an  area
  variance  pursuant to section two hundred sixty-seven-b of this article,
  without  the  necessity  of  a   decision   or   determination   of   an
  administrative  official  charged  with  the  enforcement  of the zoning
  regulations.
    4. Conditions attached to the issuance of  special  use  permits.  The
  authorized  board  shall  have  the  authority to impose such reasonable
  conditions and restrictions as are directly related to and incidental to
  the proposed special use permit. Upon its granting of said  special  use
  permit,  any such conditions must be met in connection with the issuance
  of permits by applicable enforcement agents or officers of the town.
    5. Waiver of requirements. The town  board  may  further  empower  the
  authorized  board  to,  when  reasonable, waive any requirements for the
  approval, approval with modifications  or  disapproval  of  special  use
  permits  submitted for approval. Any such waiver, which shall be subject
  to appropriate conditions set  forth  in  the  ordinance  or  local  law
  adopted pursuant to this section, may be exercised in the event any such
  requirements are found not to be requisite in the interest of the public
  health,  safety  or  general  welfare  or  inappropriate to a particular
  special use permit.
    6. Public hearing and decision on special use permits. The  authorized
  board  shall conduct a public hearing within sixty-two days from the day
  an application is received on any  matter  referred  to  it  under  this
  section.  Public  notice of said hearing shall be printed in a newspaper
  of general circulation in the town at least five days prior to the  date
  thereof.  The  authorized board shall decide upon the application within
  sixty-two days after the hearing. The time within which  the  authorized
  board  must render its decision may be extended by mutual consent of the
  applicant and the board. The decision of the  authorized  board  on  the
  application  after  the  holding of the public hearing shall be filed in
  the office of the town  clerk  within  five  business  days  after  such
  decision is rendered, and a copy thereof mailed to the applicant.
    7. Notice to applicant and county planning board or agency or regional
  planning council.  At least ten days before such hearing, the authorized
  board  shall  mail  notices  thereof  to the applicant 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.
    8.  Compliance  with  state  environmental  quality  review  act.  The
  authorized  board  shall  comply  with  the  provisions  of  the   state

environmental   quality   review   act   under   article  eight  of  the
  environmental conservation law and its implementing regulations.
    9.  Court  review.  Any person aggrieved by a decision of the planning
  board or such other designated body or any officer, department, board or
  bureau of the town may apply to  the  supreme  court  for  review  by  a
  proceeding  under  article  seventy-eight  of the civil practice law and
  rules. Such proceedings shall be instituted within thirty days after the
  filing of a decision by such board in the office of the town clerk.  The
  court may take evidence or appoint a referee to take such evidence as it
  may direct, and report the same, with findings of fact  and  conclusions
  of  law,  if  it shall appear that testimony is necessary for the proper
  disposition of the matter. The court shall itself dispose of the  matter
  on  the  merits,  determining  all  questions which may be presented for
  determination.
    10. Costs. Costs shall not be allowed against the  planning  board  or
  other  administrative  body designated by the town board unless it shall
  appear to the court that it acted with gross negligence, in  bad  faith,
  or with malice in making the decision appealed from.
    11.  Preference.  All  issues addressed by the court in any proceeding
  under this section shall have preference  over  all  civil  actions  and
  proceedings.