[Adopted 1-3-1998 by L.L. No. 2-1998]
This article is enacted pursuant to the authority
of New York State Town Law § 267, Subdivision 2, authorizing
Town Boards which have seven members on the Zoning Board of Appeals
to adopt a local law which decreases the membership to five.
A.
In order to permit the Zoning Board of Appeals to
transact business more efficiently and cost effectively, the Town
Board of the Town of Putnam Valley finds that the Town will be best
served by a Zoning Board of Appeals consisting of no more than five
members.
B.
In addition, it is noted that Town Law § 267
does not acknowledge a membership of seven members for the Zoning
Board of Appeals.
C.
Due to the expiration of one Zoning Board of Appeals
member on December 31, 1997, and a vacancy created effective December
31, 1997, the Town Board of Putnam Valley has determined that decreasing
the membership of the Zoning Board of Appeals to five at this time
will have the least amount of impact on the remaining members and
that no member is improperly removed from office except upon the expiration
of his/her term.
The number of members of the Zoning Board of
Appeals is decreased from seven to five.
Upon the expiration of the term of any current
member, his/her reappointment or the appointment of his/her successor
shall be for a term of five years with the following exceptions necessary
to correct improper term lengths previously established contrary to
New York State Town Law:
Pursuant to § 41 of the New York General
Construction Law, a majority of the number of members of the Zoning
Board of Appeals shall constitute a quorum and be required to exercise
its powers, regardless of vacancies, absences or disqualifications
from voting, unless other laws, including but not limited to § 239-m
of the New York General Municipal Law, require more than a majority
for action. Where a majority of the members of the Zoning Board of
Appeals does not vote on a matter, it shall be the equivalent of nonaction.
