2023 New York Laws › GCT - General City › Article 5-A - Buildings and Use Districts › 81-A - Board of Appeals Procedure.

§ 81-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 city clerk
within five business days and shall be a public record.
3. Assistance to the board of  appeals.  Such  board  shall  have  the
authority  to  call  upon any department, agency or employee of the city
for such assistance as  shall  be  deemed  necessary  and  as  shall  be
authorized  by the legislative body. 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 city.
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 legislative body of the  city
may,  by  resolution,  require  that such filings instead be made in the
city 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 city 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  city  clerk  or  the
zoning  office if such office has been established, 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.
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.