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New York Consolidated Laws

N.Y. Village Law § 7-712 (2026)

Zoning board of appeals

✓ current as of May 2026
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§ 7-712 Zoning board of appeals. 1. Definitions. As used in this
section:
  (a) "Use variance" shall mean the authorization by the zoning board of
appeals for the use of land for a purpose which is otherwise not allowed
or is prohibited by the applicable zoning regulations.
  (b) "Area variance" shall mean the authorization by the zoning board
of appeals for the use of land in a manner which is not allowed by the
dimensional or physical requirements of the applicable zoning
regulations.
  2. Appointment of members. Each village board of trustees which adopts
a local law and any amendments thereto pursuant to the powers granted by
this article shall create a board of appeals consisting of three or five
members as shall be determined by such local law. The mayor shall
appoint the board of appeals and the chairperson thereof, subject to the
approval of the board of trustees. In the absence of a chairperson the
board of appeals may designate a member to serve as acting chairperson.
The board of trustees may provide for compensation to be paid to
experts, clerks and a secretary and provide for such other expenses as
may be necessary and proper, not exceeding the appropriation made by the
board of trustees for such purpose.
  3. Board of trustees ineligible. No person who is a member of the
village board of trustees shall be eligible for membership on such board
of appeals.
  4. Terms of members first appointed. In the creation of a new board of
appeals, or the reestablishment of terms of an existing board, the
appointment of members to the board shall be of terms so fixed that one
member's term shall expire at the end of the village official year in
which such members were initially appointed. The remaining members'
terms shall be so fixed that one member's term shall expire at the end
of each official year thereafter. At the expiration of each original
member's appointment, the replacement member shall be appointed by the
board of trustees for a term which shall be equal in years to the number
of members of the board.
  5. Terms of members now in office. Members now holding office for
terms which do not expire at the end of a year shall, upon the
expiration of their term, hold office until the end of the year and
their successors shall then be appointed for terms which shall be equal
in years to the number of members of the board.
  6. Increasing membership. Any board of trustees may, by local law,
increase a three member board of appeals to five members. Additional
members shall be first appointed for single terms as provided by
resolution in order that the terms of members shall expire in each of
five successive years and their successors shall thereafter be appointed
for full terms of five years. No such additional member shall take part
in the consideration of any matter for which an application was on file
with the board of appeals at the time of his or her appointment.
  7. Decreasing membership. A board of trustees which has increased the
number of members of the board of appeals to five may, by local law,
decrease the number of members of the board of appeals to three to take
effect upon the next two expirations of terms.
  7-a. Training and attendance requirements. (a) Each member of the
board of appeals shall complete, at a minimum, four hours of training
each year designed to enable such members to more effectively carry out
their duties. Training received by a member in excess of four hours in
any one year may be carried over by the member into succeeding years in
order to meet the requirements of this subdivision. Such training shall
be approved by the board of trustees and may include, but not be limited
to, training provided by a municipality, regional or county planning
office or commission, county planning federation, state agency,
statewide municipal association, college or other similar entity.
Training may be provided in a variety of formats, including but not
limited to, electronic media, video, distance learning and traditional
classroom training.
  (b) To be eligible for reappointment to such board, such member shall
have completed the training promoted by the village pursuant to this
subdivision.
  (c) The training required by this subdivision may be waived or
modified by resolution of the board of trustees when, in the judgment of
the board of trustees, it is in the best interest of the village to do
so.
  (d) No decision of a board of appeals shall be voided or declared
invalid because of a failure to comply with this subdivision.
  8. Vacancy in office. If a vacancy shall occur otherwise than by
expiration of term, the mayor shall appoint the new member for the
unexpired term.
  9. Removal of members. The mayor shall have the power to remove, after
public hearing, any member of the zoning board of appeals for cause. Any
zoning board of appeals member may be removed for non-compliance with
minimum requirements relating to meeting attendance and training as
established by the village board of trustees by local law.
  10. Chairperson duties. All meetings of the board of appeals shall be
held at the call of the chairperson and at such other times as such
board may determine. Such chairperson, or in his or her absence, the
acting chairperson, may administer oaths and compel the attendance of
witnesses.
  11. Alternate members. a. A village board of trustees may, by local
law or as a part of the local law creating the zoning board of appeals,
establish alternate zoning board of appeals member positions for
purposes of substituting for a member in the event such member is unable
to participate because of a conflict of interest. Alternate members of
the zoning board of appeals shall be appointed by the mayor, subject to
the approval of the board of trustees, for terms established by the
village board of trustees.
  b. The chairperson of the zoning board of appeals may designate an
alternate member to substitute for a member when such member is unable
to participate because of a conflict of interest on an application or
matter before the board. When so designated, the alternate member shall
possess all the powers and responsibilities of such member of the board.
Such designation shall be entered into the minutes of the initial zoning
board of appeals meeting at which the substitution is made.
  c. All provisions of this section relating to zoning board of appeals
member training and continuing education, attendance, conflict of
interest, compensation, eligibility, vacancy in office, removal, and
service on other boards, shall also apply to alternate members.
Notes of Decisions
Cited in 39 cases (4 in the last 5 years), 1985–2024 · leading case: Missere v. Gross, 826 F. Supp. 2d 542 (S.D.N.Y. 2011).
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Missere v. Gross, 826 F. Supp. 2d 542 (S.D.N.Y. 2011). · cites it 3× “) Missere alleges that the appeal was therefore untimely, see N.Y. Vill. Law § 7-712 -a(5)(b) (providing that appeals to zoning boards of appeals “shall be taken within sixty days after the filing of’ the challenged administrative action), but the ZBA heard it anyway and…”
Tomlins v. Vill. of Wappinger Falls Zoning Bd. of Appeals, 812 F. Supp. 2d 357 (S.D.N.Y. 2011). · cites it 3× “Indeed, New York State Village Law, which establishes local zoning boards of appeal, see N.Y. Village Law § 7-712 , vests such boards with the authority to grant variances, and lists various factors that a board must take into account in making such determinations, see id.”
Westchester Day Sch. v. Vill. of Mamaroneck, 417 F. Supp. 2d 477 (S.D.N.Y. 2006). · cites it 2× “; (2) N.Y. Village Law § 7-712 -a(12); (3) N.Y.”
In the Matter of Colin Realty Co., LLC v. Town of North Hempstead, 21 N.E.3d 188 (N.Y. 2014). · cites it 2× ““(b) ‘Area variance’ shall mean the authorization by the zoning board of appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations” (emphases added; see also Village Law § 7-712 [1]; General City…”
Petruso v. Schlaefer, 474 F. Supp. 2d 430 (E.D.N.Y 2007). · cites it 4× “See N.Y. Village L. § 7-712 . While such boards are appointed by local village boards of trustees, members of the appointing village board are prohibited from serving on the zoning board.”
Berka v. Seltzer, 170 A.D.2d 450 (N.Y. App. Div. 1991). “The petitioners contend that the Supreme Court improperly considered the Board’s January 31, 1989, decision which set forth the reasons for its denial of their application for certain area variances, because it was issued more than 62 days after the final hearing of the…”
Marx v. Zoning Bd. of Appeals, 137 A.D.2d 333 (N.Y. App. Div. 1988). · cites it 4× “The Board of Zoning Appeals of a village is authorized to "hear and decide appeals from and review any order, requirement, decision or determination made by an administrative official charged with the enforcement of any [zoning] ordinances or local laws adopted pursuant to”…”
McCartney v. Inc. Vill. of East Williston, 149 A.D.2d 597 (N.Y. App. Div. 1989). · cites it 3× “We note, however, that Supreme Court improperly *598 determined that the petitioner is precluded by the applicable Statute of Limitations (see, Village Law § 7-712 [3]) from seeking judicial review of the denial of his area variance application.”
Cathedral Church of the Intercessor v. Inc. Vill. of Malverne, 353 F. Supp. 2d 375 (E.D.N.Y 2005). “The ZBA is an administrative board authorized by N.Y. Village Law § 7-712 . The ZBA consists of five (5) members appointed by the Board of Trustees to hear and decide appeals from any order, decision, ordinance, or local law adopted pursuant to Article 7 of the N.”
White v. Inc. Vill. of Plandome Manor, 190 A.D.2d 854 (N.Y. App. Div. 1993). “, 118 AD2d 558 ), inasmuch as the challenged determination was subject to review by the Village Board of Appeals (see, Village Law § 7-712 [2]; Matter of Rattner v Planning Commn.”
Matter of Kennedy v. Zoning Bd. of Appeals of the Vill. of Croton-On-Hudson, 585 N.E.2d 369 (N.Y. 1991). “Village Law § 7-712 (3) permits a person aggrieved by a zoning board of appeals decision to challenge that decision in an article 78 proceeding, but requires that the proceeding be instituted "within thirty days after the filing of a decision in the office of the village clerk.”
Pacheco v. De Salvo, 127 A.D.2d 597 (N.Y. App. Div. 1987). “” In December 1985, the petitioner commenced the instant proceeding pursuant to CPLR article 78 to review the denial of his application by the Zoning Board of Appeals.”
Show all 39 citing cases →
N.Y. Village Law § 7-712(1): 1 case
Matter of Landstein v. Town of LaGrange, 2018 NY Slip Op 6741 (N.Y. App. Div. 2018).
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