[Amended 5-7-2002 by L.L. No. 13-2002; 8-6-2002 by L.L. No. 29-2002; 12-18-2018 by L.L. No. 47-2018]
(A) 
The Zoning Board of Appeals consisting of seven (7) members previously appointed in accordance with the provisions of § 267 of the Town Law, as amended, shall be continued. The Town Board shall designate the Chairperson and Vice-Chairperson thereof for an annual term. Each member shall serve for a term of seven (7) years, which shall be staggered pursuant to § 267 of the Town Law, and no member shall serve for more than two (2) full terms of office. Term limits shall apply to appointments made after the effective date of this section. It is the intention of the Huntington Town Board to expressly supersede and/or expand the provisions of § 267(2), (6) and (7) of the Town Law as it relates to the maintenance of a seven-member board, the appointment of a Vice­Chairperson, and the creation of term limits by virtue of the powers conferred upon it in § 10(1)(d)(3) of the Municipal Home Rule Law. In addition to the powers conferred upon him by the Town Law and General Municipal Law, the Chairperson shall call the meetings to order; establish the procedural rules of conducting the hearings; conduct the hearings; schedule meetings; and call for a vote on applications. In the absence or inability of a Chairperson to fulfill such duties, the Vice-Chairperson shall serve in the place of the Chairperson.
[Amended 1-29-2019 by L.L. No. 6-2019]
(B) 
Alternate membership. There shall be two (2) alternate members of the Zoning Board of Appeals. Said alternates shall be appointed by resolution of the Huntington Town Board for a term of two (2) years and shall be compensated per diem at the rate established by the Town Board. Whenever it appears that a member of the Zoning Board is unable to participate in an application due to a conflict of interest or disability, the Chairman of the Zoning Board may substitute such member with an alternate member for the purpose of deciding the application. Alternates shall be designated to serve on a rotating basis by the Chairman, and the designation shall be duly entered into the official minutes of the meeting at the time such designation is made. Once designated, the alternate member shall possess all of the powers and responsibilities of such member of the Board.
(C) 
Attendance requirements. All members of the Zoning Board of Appeals shall regularly attend all meetings as scheduled. A board member who expects to be absent from a regular or special meeting shall notify the Chairman of the Board of the reason for such absence in advance of the scheduled meeting, and in the Chairman's discretion, he may deem the member's absence to be excused. The failure of any member to attend seventy (70%) percent of the scheduled and held meetings in a calendar year, exclusive of excused absences, shall be cause for his or her removal by the Town Board, after a hearing, for noncompliance with the attendance requirements. Nothing herein shall limit or restrict the Town Board's authority to remove a member for reasons other than the member's attendance record.
[Amended 7-13-2021 by L.L. No. 35-2021; 1-3-2024 by L.L. No. 7-2024]
(1) 
Pre-action notice. The Director of Planning and Environment shall notify a zoning board member, in writing, when his or her absences have reached the threshold set by the Town Board, and the Director shall notify the Town Board and Town Attorney in writing once a member has exceeded the number of allowable absences.
(2) 
Hearing. Upon review and recommendation of the Town Attorney, who shall consider whether such absences are excusable or occurred for good cause shown, a hearing to determine whether to remove the member may be held by the Town Board or a duly appointed Administrative Hearing Officer, at the option of the Town, it being the intention of the Town Board to provide for due process that is delivered in a fair and expeditious manner. For this reason, the Town Board is exercising its authority pursuant to § 64(23) of the Town Law, § 10(1)(ii)(a)(1) and § 10(1)(ii)(d)(3), § 10(3)(b) and (4)(b) of the Municipal Home Rule Law and other applicable and successor law or rule, to expand on and/or supersede the provisions of Town Law § 267(9) and other applicable laws.
(3) 
Notice. Notice of the date, time and place of the hearing and subject matter thereof shall be served upon the member by registered or certified mail, return receipt requested, and by regular mail, and addressed to the member's last known address at least fifteen (15) days before the hearing.
(4) 
Conduct of hearing. During the hearing, the Town Board or Administrative Hearing Officer may hear testimony and receive evidence from the Town Attorney, Chairman of the Zoning Board, and any other person in support or in opposition to such removal. The member shall be entitled to be represented by legal counsel and provided with an opportunity to be heard. He may present the testimony of witnesses and other evidence in his own behalf as he deems necessary and relevant to the subject matter of the hearing. No hearing shall be adjourned except for good cause shown. All hearings shall be recorded.
(5) 
Administrative Hearing Officer. If the matter is referred to a Hearing Officer, he or she shall consider the testimony and may accept or reject, in whole or in part, the evidence presented. The Hearing Officer shall have thirty (30) days to submit his written findings and recommendations, including the action to be taken, to the Town Board for ultimate determination. The Hearing Officer's findings and determination shall be mailed to the zoning board member, or his attorney, if applicable, by both regular mail and by registered or certified mail, return receipt requested, no later than seven (7) days of the date of the Hearing Officer's report. The member shall have at least seven (7) days from receipt of the report to file his written objections to the Hearing Officer's report in the office of the Town Clerk.
(6) 
Town Board Action. If the matter is retained by the Town Board, notice of the public hearing shall be published by the Town Clerk at least ten (10) days before the hearing, and shall be given to the member in the manner set forth in section (3). The hearing shall be conducted as set forth in section (4). The Town Board shall render its findings and determination no later than the next regularly scheduled Town Board meeting following the public hearing, if one is held. If the matter had been referred to a Hearing Officer, the Board shall consider the Hearing Officer's Report and any objections submitted by the member, and may accept or reject, in whole or in part, the evidence presented.
(7) 
Determination of the Board. A copy of the resolution containing the Town Board's findings and determination shall be filed with the Town Clerk and mailed to the member named in the original notice, or his attorney(s), if known, by regular mail and by registered or certified mail, return receipt requested. The determination of the Town Board shall be final and judicial review of such determination may be sought pursuant to Article 78 of the CPLR.
(8) 
Failure to appear. If there has been no appearance before the Administrative Hearing Officer by the member or his attorney, or before the Town Board if the matter has been retained, the Town Board may hold the member in default and make a determination on the issue in the same manner as if the member were present at the hearing.
[Amended 10-10-1972 by Ord. No. 72-ZC-40; 12-22-1987 by Ord. No. 87-ZC-185; 5-5-1998 by L.L. No. 20-1998; 1-26-1999 by L.L. No. 2-1999; 4-18-2000 by L.L. No. 9-2000; 3-7-2006 by L.L. No. 6-2006]
The Zoning Board of Appeals shall have the following general powers:
A. 
To hear and decide appeals from any order, requirement, decision or determination of the Building Inspector where it is alleged that there is error in any such action.
B. 
To decide any question involving the interpretation of a provision of the zoning regulations and to determine and establish the true location of district boundaries in a disputed case.
[Amended 9-16-2015 by L.L. No. 38-2015]
C. 
To hear and decide special exceptions or conditional uses upon which such Board is required to pass under the terms of this chapter and chapter 194, and to grant any special use permit or special exception where the provisions of this chapter and chapter 194 reserve such grant to the Board of Appeals.
[Amended 4-13-2021 by L.L. No. 19-2021]
D. 
To authorize, upon appeal from a determination of the Building Inspector or Planning Department, a variance or modification in the strict application of the terms of the zoning regulations where literal enforcement would result in practical difficulty or unnecessary hardship.
[Amended 9-16-2015 by L.L. No. 38-2015; 4-13-2021 by L.L. No. 19-2021]
E. 
To permit additions or structural alterations to special uses approved by the Town Board or to uses in special districts approved by the Planning Board where such additions or structural alterations do not require variance or modification of the conditions originally set forth.
F. 
To determine the proper location for a building on a lot or to determine the proper location and extent of yards and setbacks as required by this chapter either in the case of irregularly shaped lots, where the Building Inspector shall find that he is unable to make such determination, or in the case of a lawful minor encroachment if not more than five (5%) percent variation or one (1) foot, whichever is less, where the Building Inspector shall request authorization to issue a building permit.
G. 
The Zoning Board of Appeals shall not grant or deny any application until it has been classified according to the State Environmental Quality Review Act (SEQRA) and, in the case of unlisted or Type I actions, until the SEQRA process has been completed.
H. 
Within the Local Waterfront Revitalization Area, the Zoning Board of Appeals shall not grant or deny any application until the Director of Maritime Services has issued a written determination of consistency with the policies and purposes of the Town of Huntington Local Waterfront Revitalization Law.[1]
[1]
Editor's Note: See Ch. 134, Local Waterfront Consistency Review.
I. 
The Zoning Board of Appeals shall have continuing jurisdiction over expansions, alterations or modifications to properties where special use permits have previously been granted by the Board.
[Added 6-11-2008 by L.L. No. 17-2008[2]]
[2]
Editor’s Note: This local law also redesignated former Subsection I as Subsection J.
J. 
Retention of outside consultants and independent studies.
(1) 
Legislative intent. It is the intention of the Town Board to protect the health, safety and welfare of those residing in neighboring properties and the community-at-large from the impacts of land development, and to facilitate the expeditious processing of applications by providing the Zoning Board of Appeals with a mechanism by which it can seek the assistance of outside professionals and/or commission independent studies at the applicant's expense to assist in evaluating any matter over which the Board has jurisdiction. In order to accomplish these goals, the Town Board is exercising its police power and authority under § 10(1)(ii)(a)(6), (11) & (12) and § 10(1)(ii)(d)(3) of the Municipal Home Rule Law; the New York State Constitution; § 64(23) and § 130(15) of the Town Law, and any other applicable provision of law now or hereinafter enacted to supercede and/or expand on the provisions of Town Law § 267-a(3) & (8), § 267-b(4), § 280, § 280-a(2) and any other applicable provision of law now or hereinafter enacted, so as to require full payment of all such fees as a condition of Zoning Board approval, and the issuance of a building permit or other town approval.
(2) 
As a condition of processing any matter over which it has jurisdiction, and except as otherwise set forth in Chapter 194 for Wireless Telecommunications Facilities, the Zoning Board may, at any time, require an applicant to pay for the reasonable costs of such independent studies and/or outside consultants as may be reasonably related to the matter under review. All such costs shall be paid by cash or certified check and are in addition to any other required fee. Within thirty (30) days of the date on the written request for payment, the applicant shall submit to the Department of Planning and Environment for deposit into a non-interest bearing trust and agency account maintained by the Town an amount determined by the Zoning Board, or its designee, to be utilized by the Town to pay for such services during the review process. Upon request, the applicant shall be provided with copies of invoices submitted to the Town for the work of outside consultants and studies. In the event the sum initially deposited by the applicant is not sufficient and additional funds are necessary, the applicant shall pay such additional sums within twenty (20) days of the date on the written request for payment. After all reasonable charges have been paid to the vendor(s) by the Town, any balance remaining on deposit in the account shall be returned to the applicant. In the event an application is withdrawn at any stage by the applicant any unused portion of the sums on deposit shall be returned to the applicant.
[Amended 4-13-2021 by L.L. No. 19-2021]
(3) 
In its discretion the Zoning Board may adopt or reject, in whole or in part, the findings and determinations of any consultant or study commissioned by the Board or applicant.
A. 
The Board of Appeals is hereby authorized to issue special use permits and special exceptions where such issuances are made subject to the approval of the Board of Appeals. Before granting any such special use permit or exception, the Board of Appeals shall make such findings as are set forth in § 198-66 of this chapter, and the issuance of such permit or special exception shall be subject to the special requirements and conditions specified for the use and to the district regulations or other regulations of this chapter. In the case of any conflict between special requirements and other regulations, the regulations which impose the more restrictive standards shall apply to any special use permit or special exception.
B. 
A special use permit or special exception may be issued for a specified period of time or may be issued subject to periodic renewal, and such renewal or extension shall be subject to the procedures specified for the original permit unless otherwise specified in this chapter. The record relating to the issuance of a special use permit or special exception shall specify the conditions and requirements under which such permit was issued, and in cases where the Board of Appeals shall deny a special use permit or special exception, the reasons for such denial shall be set forth.
C. 
In addition to powers and duties conferred upon the Board of Appeals elsewhere in this chapter, the Board is authorized to grant special exceptions in the following cases and may authorize the issuance of permits in appropriate instances:
(1) 
Depth extension. Where a business district is one hundred fifty (150) feet or less in depth, the Board may permit a proposed business use to extend not more than one hundred (100) feet in additional depth. The applicant shall specify the need for such depth extension, and the Board of Appeals shall find that such extension is required for the reasonable use of the property.
(2) 
Lot adjacent to nonconforming use. The Board may permit such modification of the provisions of this chapter as is necessary to secure an appropriate development of a lot bounded on two (2) or more sides by premises on which the buildings are nonconforming.
(3) 
Lots bisected by zone line. Where a use district boundary line crosses a lot, the Board may permit the extension of a building or the location of an accessory off-street parking or loading area or the extension of a use of either classification into the whole lot, provided that:
(a) 
The character and value of adjoining properties will be safeguarded.
(b) 
Such extension will not increase the ground floor area of a building by more than fifty (50%) percent.
(c) 
Such extension shall not exceed one-third (1/3) the area, frontage or depth of the lot.
(4) 
Overnight parking or outside storage. The Board may authorize, with proper safeguards and with screening where necessary, the use of part of a lot for overnight parking of commercial vehicles or outside storage of materials where such uses are accessory to a permitted use and necessary to its operation and are not otherwise specifically permitted in the district regulations. Overnight parking areas and outside storage areas shall be designated on the site plan and shall not be located within any portion of a front yard nor street-side yard on a corner lot.
(5) 
Golf courses. The Board may authorize the establishment of a golf course in a residence district, subject to the following:
(a) 
Any such golf course shall consist of tees, greens and grass fairways with a minimum distance of fifty (50) yards between each tee and green. There shall be no more than an average of one (1) hole for each two (2) gross site acres in the total tract.
(b) 
A practice driving range shall be permitted only where accessory and incidental to a golf course, provided that there shall be no more than one (1) driving tee for each acre in the total tract and no artificial lighting shall be allowed.
(c) 
There shall be no more than one (1) accessory clubhouse or other building designed to provide for lockers, enclosed eating facilities without takeout privileges and shop for the sale of golf equipment.
(d) 
An accessory building for the storage and maintenance of equipment and machinery used in connection with a golf course may be permitted.
(e) 
No parking or loading area shall be located within a required side or rear yard nor within twenty-five (25) feet of the front property line.
(f) 
No building or structure shall in any case exceed two and one-half (2 1/2) stories or thirty-five (35) feet, including fences and lighting standards.
(g) 
No artificial illumination installed for the purpose of allowing nighttime use of a golf course or accessory driving range shall be permitted.
(h) 
No bullhorns, loudspeakers or other means of sound amplification shall be permitted where such use will adversely affect adjacent properties.
(i) 
Front, side and rear yards shall not be less than one hundred (100) feet in depth and the plot shall not be less than twenty (20) acres.
[Amended 9-12-1972 by Ord. No. 72-ZC-36]
A. 
In any case where the Board of Appeals is empowered to issue a special use permit, approve a special exception or authorize a variance, said Board may impose such conditions or restrictions as are deemed necessary in the specific case in order to:
(1) 
Minimize the effects of the use, exception or variance upon other property in the neighborhood.
(2) 
Assure a harmonious arrangement of use.
(3) 
Implement the spirit and objectives of this chapter.
B. 
Any such conditions or restrictions shall become a part of any building permit or certificate of occupancy thereafter issued for the premises involved, and failure to comply with such conditions and restrictions shall constitute a violation of this chapter. Any such failure to comply may thereafter constitute grounds for denial or revocation of the building-permit or certificate of occupancy or for any other appropriate remedies. Such failure to comply shall be a violation subject to prosecution under § 198-125 of this chapter and, upon conviction, to the imposition of the fine and penalty as set forth in said section.
C. 
Special conditions or limitations may include any of the following:
(1) 
Location of principal and accessory buildings.
(2) 
Limitation of signs or advertising devices, including number, size, location, type and illumination.
(3) 
Limitation of amount, location, intensity and direction of exterior illumination including the imposition of stricter standards than those provided in Chapter 143.
[Amended 11-9-2005 by L.L. No. 40-2005]
(4) 
Amount, location and improvement of off-street parking and loading space.
(5) 
Type, location and design of drainage and drainage structures.
(6) 
Control of access and circulation within the premises.
(7) 
Grading and the location and type of retaining walls or structures.
(8) 
Landscaping, screening, fencing and walls, including the location and type of planting and fencing required for screening purposes.
(9) 
Hours of operation.
(10) 
Structural changes, including the installation of storefronts.
(11) 
Control or elimination of smoke, dust, gas, noise, vibration, odor and lighting.
(12) 
Sound amplification devices.
(13) 
Other conditions found by the Board to be necessary.
(A) 
The Chairperson, in consultation with the Board of Appeals, shall make rules as to the manner of filing appeals or applications for special use permits or special exceptions or variances from the terms of this chapter and as to any other matter requiring action by said Board.
[Amended 1-29-2019 by L.L. No. 6-2019]
(B) 
Upon the filing with the Board of Appeals of an appeal or of an application for a special use permit or special exception or variance from the terms of this chapter and upon payment of required fees, the time and place of the public hearing shall be provided as follows:
[Amended 1-29-2019 by L.L. No. 6-2019]
(1) 
By publishing a notice thereof in the official Town newspaper. The publication shall be at least thirty (30) days prior to the date of the public hearing.
[Amended 8-6-2002 by L.L. No. 31-2002; 12-4-2018 by L.L. No. 41-2018]
(2) 
By sending notice thereof to the Town Clerk and to the Supervisor and the Town Board.
[Amended 1-20-1976 by Ord. No. 76-ZC-61; 6-11-1996 by Ord. No. 96-ZC-12]
(C) 
Notice of hearing shall state the location of the building or premises, the name of the owner and applicant and the general nature of the application. Any specific variance or other relief from the zoning code not duly noticed as stated in Subsection B above and included in the mailing as in Subsection E below, shall be cause for the cancellation of a scheduled public hearing, and the applicant must then request a new date for said hearing and renotify and remail notice at the applicant's expense, as was required for the original hearing.
[Amended 6-17-2003 by L.L. No. 22-2003]
(D) 
Cost and expense of providing the above notice shall be borne by the applicant.
[Added 7-6-1976 by Ord. No. 76-ZC-64]
(E) 
Mailing of notices; rescheduling of public hearing.
[Added 7-8-1997 by L.L. No. 14-1997; amended 3-24-1998 by L.L. No. 9-1998]
(1) 
Except as set forth in Chapter 194 for Wireless Telecommunications Facilities, the applicant shall mail notices, postmarked no less than thirty (30) days nor more than thirty-five (35) days before the hearing, to the owners as well as the occupants of all adjoining properties within five hundred (500) feet of the exterior limits of the applicant's total property holding, as shown on the current tax roll; with the exception of applications the R-15, R-10, R-7 and R-5 Zoning Districts, where notification to adjoining property owners and occupants shall be to those within two hundred (200) feet of the exterior limits of the applicant's total property holding, as shown on the current tax toll. In addition, the applicant shall provide a certificate of mailing for each recipient, which legibly indicates the name and address of the person, including the occupant, to which the notice was mailed, and is duly certified by the post office. The applicant shall also file an affidavit of mailing, together with the duly certified certificates of mailing, to the Zoning Board of Appeals office in no less than five (5) working days before the hearing. Said affidavit shall include the name of the person that actually mailed the notices and the names and addresses of the property owners and the addresses of the occupants that were notified. Failure to mail the notices and/or provide the affidavit and/or the certificates of mailing to the Zoning Board of Appeals office may result in postponement of the public hearing.
[Amended 6-17-2003 by L.L. No. 22-2003; 4-13-2021 by L.L. No. 19-2021]
(2) 
If a particular public hearing is rescheduled for any reason, then the new public hearing date shall provide enough time to be advertised and a new mailing to neighbors shall be sent announcing said hearing. Re-advertising and re-mailing notices shall indicate that this is a hearing that was rescheduled from a specific date. If the applicant causes a postponement, for any reason, then he/she shall be responsible for the cost of re-advertising and re-mailing the notices as described above. If the Board postpones a particular public hearing scheduled for a ZBA meeting that does hold other public hearings on that date, then the cost for advertising and mailing shall be borne by said Board.
[Amended 12-4-2018 by L.L. No. 41-2018]
(3) 
In the event a ZBA meeting is cancelled then all of the public hearings scheduled for that ZBA meeting will be re-scheduled for the next scheduled ZBA meeting date, unless an applicant or applicant's representative makes a request for an adjournment of the new date. The new date of the public hearing will be posted on the Town of Huntington's official website and at Town Hall on the official bulletin board located in the Town Clerk's Office and no re-advertising will be required. However, in the event that an applicant or applicant's representative makes a request for an adjournment of the new date, then advertising will be required and the costs borne by the Town.
[Added 12-4-2018 by L.L. No. 41-2018]
(F) 
As well as the notification provision in Subsection E above, the applicant or his/her authorized agent shall also post a sign on each frontage of the subject property giving notice that an application is pending before the Zoning Board of Appeals and the nature of that application as well as the date, time and place at which the public hearing will take place.
[Added 7-8-1997 by L.L. No. 14-1997]
(1) 
The sign(s) shall be twenty (20) inches by thirty (30) inches and shall be supplied to the applicant by the Town Planning and Environment Department for a fee. Said sign shall be located at the center of the frontage of the property, not more than ten (10) feet back from the property line. It shall be nailed to a tree, pole or post not less than two (2) feet nor more than six (6) feet above grade and it must be clearly visible from the street. On or before the date and time of the public hearing the applicant or his/her agent shall certify, in writing, in a notarized affidavit to the Board, that he/she has erected the sign as described herein. At the discretion of the Board, failure to erect the sign or submit the affidavit may mean cancellation of the hearing.
[Amended 7-13-2021 by L.L. No. 35-2021]
(2) 
Such sign or signs shall be displayed for a period of not less than five (5) days immediately preceding the public hearing and shall be removed by the applicant or his/her agent within three (3) days after the hearing has taken place.
(G) 
The Department of Public Safety and the Office of the Town Attorney are hereby directed to inform the Zoning Board of Appeals, in writing, of the nature and extent of any code enforcement proceedings pending against any persons, entities or properties which have made application to the Zoning Board of Appeals. The Zoning Board of Appeals shall provide said Departments with sufficient information of pending applications that allows the Departments of Public Safety and Town Attorney to search its records. The Zoning Board of Appeals shall take the existence of stayed code enforcement proceedings into consideration when determining whether and/or to what extent requests for adjournment should be granted.
[Added 8-6-2002 by L.L. No. 30-2002]
(H) 
The Zoning Board shall hold a pending application in abeyance, if, in the course of processing such application, it becomes necessary to rescind, modify, vary, or interpret a covenant or restriction imposed by the Town Board. In such event, the applicant shall be directed to file an application with the Town Board for such interpretation, variance or modification, and such Town Board determination shall be made before the Zoning Board can proceed with the application before it.
[Added 9-16-2015 by L.L. No. 38-2015[1]]
[1]
Editor's Note: This local law also redesignated former Subsection (H) as Subsection (I).
(I) 
In the event there is a tie vote, or a failure to obtain a majority when less than seven (7) Board members have voted, and the Board determines that a member who was not present at the public hearing should vote, then such member shall, prior to casting a vote, visit the site of the subject application and review the minutes and record of the public hearing. In addition, a public hearing to supplement the record of the initial public hearing shall be scheduled by the Board for the purpose of affording the applicant or the public the opportunity to present any comments to the Board member who will be casting the deciding vote.
[Added 10-29-2002 by L.L. No. 58-2002]
[Amended 9-10-2002 by L.L. No. 41-2002; 3-5-2019 by L.L. No. 13-2019]
A. 
After the Board of Appeals has approved the issuance of a special use permit, a special exception or a variance, such approval or grant shall expire at the end of one (1) year unless a building permit shall have been issued. However, in the event the Board finds good cause for the delay, then the Board may grant a six (6) month extension of time. At the end of this six month extension of time, a building permit shall have been issued. The Board may grant such six (6) months' extension only upon a finding that conditions and circumstances have not changed, and no hearing shall be required as a basis for making such determination. An application for a six (6) month extension of a Zoning Board of Appeals grant must be made before the expiration of the original grant.
B. 
In the event a building permit has still not been issued at the expiration of the six (6) month extension, a compelling reason for the delay must be demonstrated to the Board in order for the Board to consider granting any further extension. An application for an additional extension of a Zoning Board of Appeals grant must demonstrate a compelling reason and be made before the expiration of the extension granted pursuant to §198-113(A) set forth above. Absent a finding by the Board demonstrating compelling reasons for the delay, should a building permit not be issued at the end of the six (6) month extension, any further consideration by the Zoning Board of Appeals of a particular project shall require a new application and commensurate public hearing.
C. 
Should the grant expire, a de novo review is required with a new application and a public hearing before action by the Board can occur. These time frames shall be tolled for the duration of a lawsuit challenging the Zoning Board of Appeals grant where the lawsuit was not commenced by the party who applied for the Zoning Board of Appeals grant at issue and, where applicable, for the duration of an application before the Planning Board or the Town Board where said application is contingent upon the Zoning Board grant, including the duration of any lawsuit challenging the determination of the Town Board or Planning Board where the applicant did not commence such lawsuit.