New York Laws
Article 5-A - Buildings and Use Districts
81 - Zoning Board of Appeals.

(b) To be eligible for reappointment to such board, such member shall
have completed the training promoted by the city pursuant to this
subdivision.
(c) The training required by this subdivision may be waived or
modified by resolution of the legislative body of the city when, in the
judgement of such legislative body, it is in the best interest of the
city to do so.
(d) No decision of a board of appeals shall be voided or declared
invalid because of a failure to comply with this subdivision.
8. Removal of members. The mayor or in a city having a city manager,
the city manager shall have the power to remove, after public hearing,
any member of the zoning board of appeals for cause. Any zoning board of
appeals member may be removed for non-compliance with any minimum
requirements relating to meeting attendance and training as established
by the legislative body by local law or ordinance.
9. Compatibility of offices. The municipal officials or employees on
such board shall not, by reason of membership thereon, forfeit their
right to exercise the powers, perform the duties or receive the
compensation of the municipal office or position held by them during
such membership. No municipal officer or employee shall be appointed to
the zoning board of appeals in the event such officer or employee cannot
carry out the duties of his or her position without a conflict in the
performance of his or her duties as a member of the zoning board of
appeals.
10. Chairperson duties. All meetings of the board of appeals shall be
held at the call of the chairperson and at such other times as such
board may determine. Such chairperson, or in his or her absence, the
acting chairperson, may administer oaths and compel the attendance of
witnesses.
11. Alternate members. (a) The legislative body of each city except a
city having a population of more than one million may, by local law or
ordinance, or as 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.
Alternate members of the zoning board of appeals shall be appointed by
the mayor or other duly authorized appointing authority, for terms
established by the legislative body of the city.
(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. 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
interest, compensation, eligibility, vacancy in office, removal,
compatibility of office and service on other boards, shall also apply to
alternate members.

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