Town of Boston, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Boston as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES

Subdivision of land — See Ch. 104.

Zoning — See Ch. 123.

ARTICLE I
Planning Board Authority (§ 30-1 — § 30-4) 

ARTICLE II
Alternate Members (§ 30-5 — § 30-10) 

[Adopted 5-7-1958]

§ 30-1
Legislative declaration. 

§ 30-2
Authority of Planning Board regarding Official Map. 

§ 30-3
Authority of Planning Board to approve plats. 

§ 30-4
Certificate to be filed with County Clerk. 

The Town of Boston hereby elects to place itself within the provisions of the Laws of 1927. Chapter 175, and the Laws of 1938, Chapter 264, and acts amendatory thereof with reference to the establishment of an Official Map or Plan and for the creation of a Comprehensive Master Plan for the improvement of the Town and its future growth, protection and development, and to afford adequate facilities for the housing, transportation, distribution, comfort, convenience and to conserve and protect the public health, safety and general welfare of the population.

The Town Board hereby confers upon the Planning Board power and authority to investigate and cause to be prepared an Official Map or Plan of the Town showing the streets, highways and parks theretofore laid out, adopted and established by law, pursuant to the provisions of § 272-a of the Town Law. Such Official Map or Plan, together with any suggested changes or recommendations of the Planning Board, shall be submitted to the Town Board for its final approval. When so approved, it shall be filed in the proper public offices as the Official Map of the Town for the purposes hereinabove specified.

The Planning Board shall be and it hereby is authorized and empowered to approve plats showing new streets or highways and to exercise all other powers delegated to it or which may be delegated to it by resolution of the Town Board, pursuant to the provisions of § 274 of the Town Law, or which are described or contemplated under the provisions of Article 16 of the Town Law or acts amendatory thereof with reference to zoning and planning.

The Town Clerk shall file with the Clerk of the County of Erie a certificate certifying that the Planning Board has been authorized to approve plats showing new streets or highways in accordance with the provisions of § 276 of the Town Law.

[Adopted 3-3-1999 by L.L. No. 1-1999]

§ 30-5
Applicability. 

§ 30-6
Declaration of policy. 

§ 30-7
Definitions. 

§ 30-8
Appointment; applicability of other provisions. 

§ 30-9
Supersession of provisions. 

§ 30-10
Effect upon rights and powers of Town. 

This article shall apply to the appointment terms functions and powers of alternate member appointed to serve on the Planning Board and Zoning Board of Appeals in the Town of Boston.

It is sometimes difficult to maintain a quorum on the Planning Board and the Zoning Board of Appeals because members are ill or on extended vacation or find they have a conflict of interest situation on a specific matter before such Board. In such instances, official business cannot be conducted which may delay or impede adherence to required timelines. The use of alternate members in such instances is hereby authorized pursuant to the provisions of this article.

As used in this article, the following terms shall have the meanings indicated:

ALTERNATE MEMBER
An individual appointed by the Town Board when a regular member is unable to participate on an application or matter before the respective board, as provided herein.
MEMBER
An individual appointed by the Town Board to serve on the Town Planning Board or Zoning Board of Appeals pursuant to the provisions of the local law or ordinance which first established such Planning Board.
PLANNING BOARD
The Planning Board of the Town of Boston as established by the Town Board pursuant to the provisions of § 271 of the Town Law.
ZONING BOARD OF APPEALS
The Zoning Board of Appeals of the Town of Boston as established by the Town Board, pursuant to the provisions of § 267 of the Town Law.
A. 

The Town Board of Town of Boston hereby enacts this article to provide a process for appointing alternate members of Planning Board and Zoning Board of Appeals. These individuals would serve when members are absent or unable to participate on an application or matter before the respective Board.

B. 

Alternate members of the Planning Board and Zoning Board of Appeals shall be appointed by the Town Board or other duly authorized appointing authority for a term of three year(s), with the terms to expire on December 31 of the third year after the date of their appointment.

C. 

The Chairperson of the Planning Board or Zoning Board of Appeals may designate an alternate to substitute for a member when such member is unable to participate on an application or matter before the Board. When so designated, the alternate member shall possess all the powers and responsibilities of such member of the Board. Such designation shall be entered into the minutes of the initial Planning Board meeting at which the substitution is made.

D. 

All provisions of state law relating to Planning Board or Zoning Board of Appeals member eligibility, vacancy in office, removal, compatibility of office and service on other boards, as well as any provisions of a local law/local ordinance relating to training, continuing education, compensation and attendance shall also apply to alternate members.

This article is hereby adopted pursuant to the provisions of § 10 of the New York State Municipal Home Rule Law and § 10 of the New York State Statute of Local Governments. It is the intent of the Town Board pursuant to § 10 of the New York State Municipal Home Rule Law, to supersede the provisions of:

A. 

Section 271 of the Town Law relating to the appointment of members to Town Planning Boards; and/or

B. 

Section 267 of Town Law relating to the appointment of members to Town Zoning Boards of Appeals.

Nothing herein shall be deemed to be a waiver or restriction upon any rights and powers available to the Town of Boston to further regulate the subject matter of this article.