§ 4-2. Amendment of Village Law § 7-712-a.


Latest version.
  • The following subdivisions of § 7-712-a of the Village Law, as last amended by Chapter 235 of the Laws of 1996, are hereby superseded and amended in their application to the Village of Upper Brookville to read as follows:
    § 7-712-a Board of Appeals procedure.
    6.
    Stay upon appeal. An appeal shall stay all proceedings in furtherance of the action appealed from (except actions or proceedings pending in Village Court or any court of record relating to existing zoning violations when the appeal is made) 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.
    8.
    Time and form of decision. The Board of Appeals shall decide upon the appeal within 62 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. The Board of Appeals may render its decision on any appeal or application in a short-form format setting forth the Board's determination and conditions, if any, without enumerating the findings which form the basis for its determination. Any appellant or applicant or person or persons jointly or severally aggrieved by a decision of the Board of Appeals may, within 30 days after the filing of the short-form decision in the office of the Village Clerk, file a written demand with the Village Clerk demanding that the Board of Appeals render its decision in a long-form format containing findings which formed the basis for the Board's determination. The Village Clerk shall promptly deliver this written demand to the Chairman of the Board of Appeals. The Chairman shall then cause the long-form decision to be prepared and, upon its approval by the Board, file it with the Village Clerk. In cases where the Board renders a short-form decision and no written demand requesting a long-form decision is filed within the required thirty-day period, the date of filing of the short-form decision with the Village Clerk shall be deemed the date of the filing of the Board's decision for all purposes. In cases where the Board renders or is required to render a long-form decision, the date of the filing of the long-form decision with the Clerk shall be deemed the date of filing of the Board's decision for all purposes.
    9.
    Filing of decision and notice. The decision of the Board of Appeals on the appeal or other application shall be filed in the office of the Village Clerk within 10 business days after the day such decision is rendered and approved by the Board and a copy thereof mailed to the applicant.