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This entry was published on 2014-09-22
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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

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

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