2023 New York Laws › VIL - Village › Article 7 - Building Zones › 7-712-A - Board of Appeals Procedure.

§  7-712-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 village
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 village for  such
assistance  as  shall  be deemed necessary and as shall be authorized by
the village board of trustees. 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, 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  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 village.
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  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 village board of trustees may, by resolution,
require that such filings instead be made in the village 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 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 village 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 village 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.