[HISTORY: Adopted by the Zoning Board of Appeals 5-7-1987
by L.L. No. 4-1987. Amendments noted where applicable.]
The Zoning Board of Appeals is appointed by the Town Board to serve
all of the people of Putnam Valley. The members serve without compensation
in that spirit they will at any meeting, time permitting, informally discuss
any matter relating to zoning, as may be of interest to any resident. The
Board will extend every possible courtesy to those appearing before it and
will require the same treatment not alone for itself and its members, but
for others having occasion to be heard.
An appeal or application for a variance to the Zoning Board of Appeals
must be in writing, on an application form, obtained in person from the Zoning
Clerk, filed in person with the Secretary of the Board and advertised in the
newspaper designated as the official newspaper by the Town Board for hearing
at a time and place therein designated. At that time, the appeal will be called
for a hearing by the Chairperson of the Board. The above provisions may be
waived at the discretion of the Chair.
[Amended 10-24-1990 by L.L. No. 5-1990]
An appeal or application shall not be heard in a matter where proceedings
are pending in a court (i.e., Justice or Town Court, County Court or Supreme
Court), except where there are special circumstances involving the health
or welfare of the community the appeal may be heard at the discretion of the
Chairperson of the Zoning Board of Appeals.
An appeal from an action of the Code Enforcement Officer, with respect
to the Zoning Ordinance,[2] must be filed in writing with the Zoning Board of Appeals within
60 days of such action.
On hearing of an application or appeal, the parties may either appear
in person or by a representative who need not be an attorney. If the applicant
is to be represented by a person who is not an attorney, a notarized affidavit
of appointment of a representative for the applicant must be presented to
the Zoning Board of Appeals prior to the hearing. At the time of the hearing,
the applicant or the designated representative of the applicant and all witnesses
shall be sworn in by the Chairperson of the Zoning Board of Appeals. The Board
is primarily concerned with facts, and not with technicalities, and will decide
the matters before it fairly and equitably having regard to the welfare of
the community as a whole and to the rights of the individual applicant and
neighbors.
The Zoning Board of Appeals may defer decision on any matter for the
purpose of an appropriate inspection by the Zoning Board of Appeals or any
other agency that the Zoning Board of Appeals deems to be an interested agency
or to hear witnesses or procure the submission of pertinent records. An appeal
or application on which determination by the Board is to be deferred shall
become the order of business at the next public hearing.
The Zoning Board of Appeals has the power to grant a variance with such
conditions as it shall deem fair and proper. Where conditions are imposed,
a variance, if granted, shall not become valid or effective until such conditions
are fully complied with.
In all instances, an application for a variance will not be considered
unless seven copies of a survey prepared by a land surveyor licensed in the
State of New York are furnished to the Zoning Board of Appeals. Such survey
shall specify all distances, lot lines, exact location of all existing structures
and, where applicable, well and sewage disposal systems. A photostatic copy
of the recorded deed must be furnished evidencing ownership of the property.
If the variance request is for expansion or conversion of the premises, seven
copies of an existing and proposed floor plans must be submitted. In addition,
at the discretion of the Board, other information may be required.
A.Â
In addition to all other papers and documents required
to be submitted for an appeal or application to the Zoning Board of Appeals,
the Clerk of the Zoning Board of Appeals will submit a list of interested
parties to the applicant. The Clerk will provide sufficient blank interested
party notice documents to be filled out by the applicant. They shall be signed
by the applicant and returned to the Clerk of the Zoning Board of Appeals
with the necessary stamped, addressed envelopes. The Clerk of the Board will
then review the interested parties' letters for proper address and synopsis
of the variance requested. The Clerk will then mail the interested party letters
in stamped addressed envelopes supplied by the applicant not less than five
days nor more than 20 days prior the date of the hearing. The Clerk, upon
mailing the notices, will file an affidavit of mailing in the applicant's
file.
B.Â
The term "interested parties" shall mean the owner or
owners of property immediately adjoining or abutting the parcel or parcels
to which the appeal or application relates, and the owner or owners of property
directly across the road, street or avenue and any other parties deemed by
the Zoning Board of Appeals to be "interested parties." It shall suffice for
the purposes of this rule, if such notices are sent to the persons, firms
or corporations shown as owners on the most recent tax rolls of the Town of
Putnam Valley, at the address listed in the most current assessor roll book.
The Zoning Board of Appeals shall have the right to waive or amend its
rules and regulations for any applicant, upon a vote of a majority plus one
of the total Board, if, in its opinion, the best interests of all concerned
will be served.
