[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.
