[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.
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...."
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.
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.