[HISTORY: Adopted by the Town Board of the Town of Queensbury as
indicated in article histories. Amendments noted where applicable.]
[Adopted 6-15-1992 by L.L.
No. 5-1992]
This chapter and article shall be titled the "Zoning Board of Appeals,
Appointment of Members."
The authority cited for this chapter is the Municipal Home Rule Law
§ 10.
A.
Section 267 of the Town Law of the State of New York
was amended by the State Legislature, effective July 1, 1992, to indicate
in Subdivision 2 thereof that Town Boards "...shall appoint a Board of Appeals
consisting of three or five members...."
B.
Although Subdivision 7 of the revised Town Law § 267
provides that "Any Board of Appeals which, upon the effective date of this
section has seven members, may continue to act as a duly constituted Zoning
Board of Appeals until the Town Board, by resolution, reduces such membership
to three or five," it seems questionable or at least arguable as to whether,
when terms expire, the Town Board may continue to appoint and maintain a seven-member
Zoning Board of Appeals.
C.
The Town Board of the Town of Queensbury is of the opinion
that a seven-member Zoning Board of Appeals, as currently existing in the
Town of Queensbury, has been beneficial and functional. Therefore, this legislation
is adopted pursuant to the authority of the Municipal Home Rule Law of the
State of New York to clearly provide authority for and ensure the continuation
of a seven-member Zoning Board of Appeals, as long as the Town of Queensbury
deems the same appropriate.
This article shall amend, supplement or supersede, as may be necessary,
those provisions of Town Law § 267, Subdivisions 2, 4 and 7, effective
July 1, 1992. Except as set forth herein, all other terms and provisions of
Town Law § 267, as effective July 1, 1992, concerning appointment
and membership to the Zoning Board of Appeals shall apply.
[Amended 4-19-1993 by L.L.
No. 8-1993]
On and after July 1, 1992, the Town Board of the Town of Queensbury
shall continue to be authorized to appoint a Zoning Board of Appeals consisting
of seven members and shall designate the Chairman thereof, with terms to be
five years in duration; provided, however, that the Town Board may, at any
time after July 1, 1992, by resolution, decrease the number of members of
the Board to five or three, to be effective upon the expiration of the next
terms following adoption of the resolution.
