The Zoning Board of Appeals shall, in the granting of both use
variances and area variances, have the authority to impose such reasonable
conditions and restrictions as are directly related to and incidental
to the proposed use of the property. Such conditions shall be consistent
with the spirit and intent of this chapter or local law and shall
be imposed for the purpose of minimizing any adverse impact such variance
may have on the neighborhood or community.
A variance granted by the Zoning Board of Appeals pursuant to Article
VIII shall be deemed to have expired unless:
A. The lot or land, where no building or structure is involved, shall
have been put into use within 12 months after the date of issue of
such variance, for the purpose for which such permit was granted.
B. The building or structure for which such variance was granted shall
have been actually begun within 12 months after the date of issue
of such permit.
C. The entire building or structure for which such variance was granted
shall have been completed according to filed plans within three years
after the date of such permit.
If required as per § 239-m of the General Municipal
Law, notice of the public hearing on the variance shall be provided
to the Westchester County Planning Board and the abutting municipality,
as required. Applications shall also be referred to the Westchester
County Planning Board, as required by § 239-m of the General
Municipal Law, which shall have 30 days from the receipt of such referral
to issue its recommendations to the Zoning Board of Appeals. In the
event that the Westchester County Planning Board recommends modification
or disapproval of an application, the Zoning Board of Appeals shall
not act contrary to such recommendation except by a vote of a majority
plus one.