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This entry was published on 2014-09-22
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SECTION 267-A
Board of appeals procedure
Town (TWN) CHAPTER 62, ARTICLE 16
§ 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.