[HISTORY: Adopted by the Town Board of the
Town of Rosendale as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 75.
[Adopted 5-9-2007 by L.L. No. 1-2007]
B.
In certain circumstances, it is difficult to establish
the required quorum of the Zoning Board of Appeals because members
have a conflict of interest on a specific matter before the Zoning
Board of Appeals or members are ill or otherwise unable to attend
a meeting. In such instances, no official business can be conducted,
which may impede the rights and obligations of persons with issues
before the Zoning Board of Appeals. The use of alternate members in
such instances would ensure that matters before the Zoning Board of
Appeals are addressed in a timely manner, and the use of alternate
members is therefore hereby authorized pursuant to the provisions
of this article.
As used in this article, the following terms
shall have the meanings indicated:
An individual appointed by the Town Board to serve on the
Zoning Board of Appeals and act as a member of same under circumstances
where a member is prevented from participating because of conflict
of interest, illness, or other inability to attend a meeting.
An individual appointed by the Town Board to serve on the
Zoning Board of Appeals pursuant to the provisions of New York State
Town Law § 267 and local law.
The Zoning Board of Appeals of the Town of Rosendale as established
by the Town Board pursuant to New York State Town Law § 267.[1]
A.
Pursuant to New York State Municipal Home Rule Law
§ 10(1)(a), the provisions of New York State Town Law § 267
are hereby superseded and the Town Board is hereby authorized to appoint
up to three alternate members of the Town Zoning Board of Appeals
to serve and act as a member of the Zoning Board of Appeals under
circumstances where a member is prevented from participating because
of conflict of interest, illness or other inability to attend a meeting.
The alternate members of the Zoning Board of Appeals shall be appointed
by resolution of the Town Board for terms of one year.
B.
The Chairperson, or, in his or her absence, the Vice
Chairperson, may designate one or more alternate members to act in
place of one or more members when such member(s) is unable to participate
because of a conflict of interest, illness or is otherwise unable
to attend a meeting and such member's absence will result in the inability
of the Zoning Board of Appeals to establish the necessary quorum of
three members. In such case, the Chairperson, or the Vice Chairperson
in his/her absence, shall designate one or more alternate members
to serve in order to establish the required quorum for the meeting.
When so designated, the alternate member(s) shall possess all the
powers and responsibilities of a member of the Zoning Board of Appeals.
Such designation shall be entered into the minutes of the Zoning Board
of Appeals meeting at which the substitution is made.
C.
All provisions of law relating to members' training,
continuing education, conflict of interest, compensation, eligibility,
vacancy in office, removal and service on other boards shall apply
to alternate members.
