Establishment and procedures of board of review
24.1 There shall be a zoning board of review which shall consist of five members, each to hold office for a term of five years, with one member to be appointed each year by the town council. The board shall choose its chairperson and said chairperson, or an acting chairperson in his or her absence, may administer oaths and compel the attendance of witnesses. All members and alternate members of said board shall be qualified electors and residents of the town during their term of office and shall hold no other office in the service of the town. Each member shall continue in office until his successor has been duly appointed and qualified.
24.1.1 In case any vacancy shall occur in the board for any cause, the vacancy shall be filled by the affirmative vote of a majority of the town council, present and voting, and the appointee shall serve for and during the unexpired term of the predecessor.
24.1.2 Any member of the board may be removed by the town council for due cause including malfeasance, misfeasance, or nonfeasance generally and in particular:
24.1.2.1 Failure to maintain reasonable familiarity with state statutes and local ordinances and rules affecting the board.
24.1.2.2 Failure to disclose conflict of interest for purposes of disqualification when a member has personal or monetary interest in the matter involved or will be affected by a decision of the board.
24.1.3 In addition to the five standing members, the town council shall appoint two alternates to be designated as the first and second alternate members, each to hold office for a term of five years. These alternate members shall sit and may actively participate in hearings. The first alternate shall vote if a member of the board is unable to serve at a hearing and the second shall vote if two members of the board are unable to serve at a hearing. In the absence of the first alternate member, the second alternate member shall serve in the position of the first alternate. The alternate members shall exercise the same duties and functions as a regular member when serving on the board and may be removed from office by the town council in the same manner as a regular member.
24.1.4 Annually in the month of September, the zoning board of review shall organize by electing from its membership a chairperson and vice chairperson. The town clerk, or designee, shall serve as clerk of the board and shall perform such duties as are provided by this ordinance. Meetings of the board shall be held at the call of the chairperson or as may be fixed by the board.
24.1.5 All hearings and meetings of the board shall be open to the public and shall be conducted no earlier in the day than 7:00 p.m. All decisions shall be made and voted upon at a public hearing.
24.1.6 No member or alternate may vote on any matter before the board unless they have attended all hearings concerning the matter.
24.1.7 No member of the board shall pass on any matter in which he has a business, professional or personal interest. As soon as a conflict occurs for a member, that member shall recuse himself and shall not sit as an active member and shall take no part in the conduct of the hearing.
24.1.8 For any proceeding in which the right of appeal lies to the Superior or Supreme court, the zoning board of review shall have the minutes taken either by a competent stenographer or recorded by a sound-recording device.
24.1.9 The chairperson may appoint subcommittees as seem desirable to aid the functioning of the board.
24.1.10 Members of the zoning board of review shall receive remuneration for their services on the board, as established by the approved budget.
24.1.11 Reserved.
24.1.12 The chairperson, or in his or her absence, the acting chairperson, may administer oaths and compel the attendance of witnesses by the issuance of subpoenas.
(Ord. No. 2024-5, 6-18-2024)