[Amended 7-21-1999 by L.L. No. 3-1999]
The Board of Appeals shall submit or cause to be submitted any
application for a use variance, together with any supporting papers
relating thereto, to the Town Planning Board, for its review and recommendation
prior to the Board of Appeals taking action to approve or deny such
application. The Town Planning Board shall review such application
at its first regularly scheduled meeting after its receipt of such
referral and shall report its recommendations to the Board of Appeals.
The failure of the Planning Board to provide its recommendation to
the Board of Appeals within 30 days shall be deemed to constitute
a "no position" determination by the Planning Board.
The Board of Appeals shall render and file its decision not
later than 60 days after the close of the public hearing on the application
or appeal. The failure of the Board of Appeals to take any action
shall be deemed a denial of the requested action. An appeal from any
such determination shall be made by any person aggrieved directly
to the Supreme Court of the State of New York in an Article 78 proceeding
within 30 days from such order, determination, requirement or decision.
The Board of Appeals will forward a copy of its decision to the Planning
Board within 30 days of its decision.