HomeMy WebLinkAboutPB Minutes 1961-10-19 /
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STATE OF NEW YORK
DEPARTMENT OF AUDIT AND CONTROL
ALBANY
ARTHUR LEVITT
STATE COMPTROLLER IN REPLYING REFER TO
61 - 548
TUN LAW , § 271 ( 1 ) , ( 2 ) : A town board may not appoint " alternate
members " to the town planning board to serve when regular members
are unable to attend certain meetings .
A Town board may not appoint ` co -members ? to the town planning
board , each member to have one - half vote., or in the case of the
absence of ' one co -member , one full vote .
S
Inquiries
( 1 ) May a town board appoint " alternate members " to the town
planning board to serve when regular members are unable to attend
• certain meetings ?
( 2 ) May a town board appoint , 71co -members ; ' to the town planning
board , each member to have one - half vote , or in the case of the
absence of one co -member , one full vote ?
Statement of Law
Subdivision 1 of section 271 of the Town Law provides for the
creation and appointment of a town planning board which may consist
of five or seven members at the discretion of the town board .
Subdivision 2 of section 271 of the Town Law provides for the
discretionary appointment of an additional member to such planning
board in towns where twenty per cent of the area thereof is devoted
to agricultural pursuits . Such subdivision 2 further provides that
where such an additional member is appointed he must be a person who
derives more than one - half of his annual income from agricultural
pursuits .
There is no other provision of law which provides for the
appointment of members to the town planning board .
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- 2 -
61 - 54$
The powers of towns are limited and defined by the statutes
under which they are constituted , and they possess only such powers
as are expressly conferred by statute or are necessarilyy implied
therefrom ( Wells v . Town of Salina , 1890 , 119 N . Y . 2 $ 0 ] .
There exists no statute which provides for the appointment of
such " alternate ' , or " co -members " to the town planning board .
Conclusions
( 1 ) A town board may not appoint I � alternate members ' l to the
town planning board to serve when regular members are unable to attend
certain meetings .
( 2 ) A town board may not appoint ` lco - members `' to the town
planning board , each member to have one - half vote , or in the case of
the absence of one co -member , one full vote .
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October 19 , 1961
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