"13. Decisions. (a) Except as otherwise provided in Village
Law § 7-712-a, Subdivision 12, every motion or resolution
of the Board of Appeals shall require for its adoption the affirmative
vote of a majority of all the members of the Board as fully constituted
regardless of vacancies or absences. The failure of the Board to adopt
a decision within any specific period of time shall constitute neither
a denial nor an approval. Where an action is the subject of a referral
to the county planning agency or regional planning council, the voting
provisions of § 239-m of the General Municipal Law shall
apply.
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(b) The Board of Appeals may render its decision on any appeal
or application in a short-form format, summarily setting forth the
Board's determination and conditions, if any, without enumerating
findings or conclusions which formed the basis for the determination.
Within 30 days after filing of the short-form decision in the office
of the Village Clerk, any appellant, applicant, or other person or
persons jointly or severally aggrieved by the decision may file a
written demand with the Village Clerk requesting that the Board of
Appeals render its decision in a format containing the findings and
conclusions which formed the basis for the Board's determination.
The Village Clerk shall promptly deliver such written demand to the
Chair, who shall promptly convene a meeting of the Board to render
such long-form decision.
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(i) 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. Where the Board renders or is required
to render a long-form decision, the date of filing of the long-form
decision with the Clerk shall be deemed the date of filing of the
Board's decision for all purposes."
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