[Adopted 9-18-2013 by L.L. No. 1-2013]
This article is enacted pursuant to the authority of § 267
of the Town Law of New York State.
In order to promote more efficient operation of the Zoning Board
of Appeals (ZBA) of the Town of Riga, the Town Board finds it is in
the best interests of the Town and is residents to enact legislation
that provides that in the event where absence or conflicts of interest
preclude a full membership of seven members from considering a particular
matter, it is deemed advantageous by the Town Board to enact a local
law to both reduce the membership of the Zoning Board of Appeals from
seven members to five members and to also to provide for the appointment
of alternate members to the Zoning Board of Appeals.
The Town Board of the Town of Riga hereby reduces the number
of members of the ZBA from seven to five members, to take effect as
of December 31, 2013, it being the intent of the Town Board that no
appointment be made to fill an unfilled vacancy, resulting from the
termination of a member term on December 31, 2012 and the vacancy
created by the termination of a member term on December 31, 2013.
The Town Board may, in any year it deems necessary, appoint
temporary alternate members to the ZBA to serve as provided in this
section. The number of alternate members so appointed pursuant to
this section in any year shall not exceed three. Such alternate members
shall be appointed for one-year terms of office. The chairperson of
the ZBA shall assign such temporary alternate members as necessary
when absence of regular members of said Board or the conflict of interest
of regular members of said Board would otherwise prevent a full five
members of said Board from considering any pending matter, but no
more than two temporary members shall sit in determination of any
pending matter. Such temporary members shall be designated on a rotating
basis to the extent possible, such that each temporary member shall
be afforded an equal opportunity to serve. Once designated to serve
on a particular matter before the Board, the temporary member shall
have the same powers and duties as regular members of the Board until
the matter is concluded. Any determination of said Board consisting
of temporary members shall have the same weight and be entitled to
the same authority as the act or deed of the regular ZBA and all laws,
statutes and regulations shall apply and be applied with equal force
and effect. Such temporary members appointed pursuant to this section
shall be paid for their respective services as fixed by resolution
of the Town Board.