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.
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:
A. The reappointment of the current member with a term
expiring December 31, 1998, or the appointment of his/her successor
shall be for a term of four years to expire December 31, 2002.
B. In no case shall any term be appointed to expire in
the same year as an existing term expires.
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.