N.Y. Town Law § 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.