Senate Bill S7410

                                 
BILL NUMBER: S7410

SPONSOR: REICHLIN-MELNICK
 
TITLE OF BILL:

An act to amend the town law, in relation to providing for a stay on
certain zoning board of appeals decisions upon the commencement of an
article 78 proceeding against such board

 
PURPOSE:

To provide for a stay on certain zoning board of appeals decisions upon
the commencement of an article 78 proceeding against such board.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends § 267-c of the town law, adding a new
subdivision providing that when an article 78 proceeding is commenced to
challenge the validity of a decision by the zoning board of appeals,
relating to the issuance of a permit or other land use decision, an
automatic stay will be imposed on the challenged decision.

              

Section two of the bill provides the effective date.

 
JUSTIFICATION:

Under existing law, the validity of a Zoning Board of Appeals decision
can be challenged through an Article 78 proceeding. However, localities
can rely on the ZBA decision being challenged and allow property owners
to move forward with the project at issue while the challenge is liti-
gated. Save for one exception, the party challenging the ZBA decision
would have to ask the court for an injunction which has the effect of
protracting litigation and increasing costs for both parties. The sole
exception is provided in Town Law § 282 which states that an article 78
proceeding challenging "any decision of the planning board concerning
such  
SUBDIVISION plat or the changing of the zoning regulations of
such land ... shall stay proceedings..."

This bill provides for an automatic stay, effective by operation of law,
upon the commencement of an Article 78 proceeding challenging the ZBA's
approval of a permit or other land use decision, thereby creating parity
with Town Law § 282. As such, this bill will protect the status quo, and
the rights of the parties, until the conclusion of the Article 78
proceeding in a more cost-efficient manner.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.