A.
The Zoning Board of Appeals shall keep minutes of
the proceeding, showing the vote of each member on every question.
If a member is absent or fails to vote, the minutes shall indicate
such fact. The Board shall also keep a record of its examination and
other official actions. Every rule, regulation, amendment or repeal
thereof, and every order, requirement, decision or determination of
the Board, shall immediately be filed in the office of the Town Clerk
and shall be a public record.
B.
The concurrent vote of a majority of the total Board
shall be necessary to decide in favor of the applicant any matter
upon which the Board is required to pass under provisions of the article.
The Zoning Board of Appeals, in addition to
its statutory power to adopt rules and hear and determine appeals
from and to review or interpret any decisions or order of the Code
Enforcement Officer, may, after due notice and hearing in a specific
case, and subject to appropriate conditions and safeguards, determine
and vary the application of the regulations herein established in
harmony with their general purposes and intent. Specifically, the
Zoning Board of Appeals shall have the power to:
A.
Grant a permit wherever it is provided in this article
that the approval of the Zoning Board of Appeals is required.
B.
Grant a permit in an appropriate case, where the property
of the applicant lies on both sides of a common boundary of, and in,
two or more districts, the extension of an existing lawful conforming
use in the less-restricted district into the more-restricted district
or districts.
C.
Grant a permit in an appropriate case subject to such
conditions as it may prescribe, where the natural grade or topographic
condition of a lot or plot of land renders it difficult, or an unnecessary
hardship, to comply with the front, side or rear yard requirements
of this chapter, a variance permitting such lesser yard or yards,
as may be reasonably possible and proper in the existing conditions
and circumstances.
D.
The Zoning Board of Appeals shall have all the powers
and authority which may be vested in it under and pursuant to the
Town Law of the State of New York and be delegated under and pursuant
to this chapter.
A.
A variance granted hereunder by the Zoning Board of
Appeals, or by the Board of Standards and Appeals, pursuant to this
article, or pursuant to any other section of this chapter, or pursuant
to any other controlling ordinance, rule, regulation, statute or law,
shall become and be effective only upon, and as of the date of, the
filing and recording of the order granting the same, together with
a declaration of agreement by the owner or owners of an irrevocable
restrictive covenant running with the land and containing the provisions
and conditions of the order granting the variance, in the offices
of the Town Clerk of the Town of Putnam Valley and the County Clerk
of the County of Putnam. Such declaration or agreement shall be prepared
by the Town Attorney at the request of the interested Board. The fee
for filing and recording such order and agreement shall be paid by
the applicant for the variance, in advance, at the time of making
the application therefor. Proof of such filing and recording shall
be furnished, in writing, to the Secretary or Clerk of the interested
Board within five calendar days thereafter. The order granting the
variance and the restrictive covenant agreement shall be endorsed
for return to the Town Attorney and shall be filed by the Town Attorney
with the Town Clerk of the Town of Putnam Valley, after recording
thereof in the County Clerk's office together with the County Clerk's
endorsements showing the liber and page of such recordings. The Clerk
or Secretary for the interested Board and the Town Clerk shall make
and keep a record of the dates of filing and recording of such order
granting variances, and of such restrictive covenant agreements, showing
the properties affected thereby and the nature and provisions thereof.
B.
The Zoning Board of Appeals shall have the right to
put a limit on the amount of time between the date a decision and
order is filed with the Town Clerk and the date when the application
for a permit is applied for.
C.
In all cases wherein relief is sought from the Zoning Board of Appeals in respect to an existing building or structure which was erected, added to, or structurally altered without the obtainment of a building permit therefor pursuant to Article XVII of this chapter, such relief, if granted, shall expressly be made subject to the assessment of a civil penalty by the Town Board pursuant to § 165-101D of this chapter, or to the Town Board’s waiver of such penalty.
[Added 8-20-2008 by L.L. No. 5-2008]
The fee which shall accompany each application
for a variance shall be determined on an annual basis by resolution
of the Town Board, and a copy of the schedule of fees shall be available
during business hours at the office of the Town Clerk.
