[HISTORY: Adopted by the Town Board of the
Town of Sullivan as indicated in article histories. Amendments noted
where applicable.]
[Adopted 7-16-2008 by L.L. No. 4-2008]
It is sometimes difficult for members of the
Zoning Board of Appeals to attend every meeting because of illness,
personal matters, or because of a conflict of interest situation on
a specific matter before the Board. In such instances official business
may be delayed or adherence to required timelines impeded. The use
of alternate members is, therefore, hereby authorized pursuant to
this article.
The Town Board does herby establish two alternate
member positions on the Zoning Board of Appeals for the purpose of
substituting for a member in the event a member is absent or unable
to participate on an application or matter before the Board for any
reason. An alternate member of the Zoning Board of Appeals shall be
appointed by resolution of the Town Board for a term established by
the Town Board.
A.
The Chairperson of the Zoning Board of Appeals shall
designate an alternate member to substitute for a member when such
member is unable to participate because of a conflict of interest
on an application or matter before the Board or upon a recusal by
a member as to an application or matter before the Board, except in
the instance where the Chairperson is unable to participate because
of a conflict of interest. In the instance where the Chairperson is
unable to participate because of a conflict of interest, the Acting
Chairperson of the Zoning Board of Appeals may designate an alternate
member to substitute for a member when such member is unable to participate
because of a conflict of interest on an application or matter before
the Board or upon a recusal by a member as to an application or matter
before the Board.
B.
In addition to the circumstance provided in Subsection A herein, the Chairperson or Acting Chairperson, as the case may be, of the Zoning Board of Appeals may designate an alternate member to substitute for a member as necessary, in the sound discretion of the Chairperson or Acting Chairperson, as the case may be, in the absence of one or more members.
When so designated, as provided in § 97-3 herein, the alternate member shall possess all the powers and responsibilities of a member of Zoning Board of Appeals.
Such designation of an alternate member serving
in place of a member shall be entered into the minutes of the initial
Zoning Board of Appeals meeting at which the substitution is made.
All provisions of state law relating to Zoning
Board of Appeals member eligibility, vacancy in office, removal, compatibility
of office and service on other boards, as well as any provision of
law relating to training, continuing education, compensation and attendance,
shall also apply to alternate members.