[HISTORY: Adopted by the Town Board of the Town of Boston as indicated
in article histories. Amendments noted where applicable.]
[Adopted 5-7-1958]
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]
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:
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.
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.
The Planning Board of the Town of Boston as established by the Town
Board pursuant to the provisions of § 271 of the Town Law.
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:
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.
