S T A T E O F N E W Y O R K
________________________________________________________________________
5294
2025-2026 Regular Sessions
I N A S S E M B L Y
February 12, 2025
___________
Introduced by M. of A. E. BROWN -- read once and referred to the Commit-
tee on Local Governments
AN ACT to amend the town law, in relation to certain alternate members
of planning boards and zoning boards of appeals
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 11 of section 267 of the town law, as added by
chapter 137 of the laws of 1998, is amended to read as follows:
11. Alternate members. (a) A town board may, by local law or ordi-
nance, or as a part of the local law or ordinance creating the zoning
board of appeals, establish alternate zoning board of appeals member
positions for purposes of substituting for a member in the event such
member is unable to participate because of a conflict of interest, OR
ANY OTHER REASON THE TOWN BOARD DEEMS NECESSARY PURSUANT TO LOCAL LAW,
RULE, REGULATION OR ORDINANCE. Alternate members of the zoning board of
appeals shall be appointed by resolution of the town board, for terms
established by the town board.
(b) The chairperson of the zoning board of appeals may designate an
alternate member to substitute for a member when such member is unable
to participate because of a conflict of interest on an application or
matter before the board, OR ANY OTHER REASON THE TOWN BOARD DEEMS NECES-
SARY PURSUANT TO LOCAL LAW, RULE, REGULATION OR ORDINANCE. 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 zoning board of appeals meeting
at which the substitution is made.
(c) All provisions of this section relating to zoning board of appeals
member training and continuing education, attendance, conflict of inter-
est, compensation, eligibility, vacancy in office, removal, and service
on other boards, shall also apply to alternate members.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03476-01-5
A. 5294 2
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.