A. Organization. The Zoning Board of Appeals, hereinbefore created pursuant to § 267 of Town Law, shall be comprised of five members. To the extent the Zoning Board of Appeals consists of more than five members as of the date of adoption of this subsection, each member shall continue to hold office until the expiration of his or her present term. Zoning Board of Appeals members shall be appointed by the Town Board for a term of five years, which shall also designate the Chairman thereof, for such terms as provided by the Town Law and any amendments thereto and shall have all the powers and perform all the duties prescribed by statute and by this chapter. Each member of the Zoning Board of Appeals shall continue to hold office until the expiration of his or her present term, at which time the Town Board shall appoint a successor so as to maintain the Zoning Board of Appeals at five members. If a vacancy shall occur other than by expiration of a term, it shall be filled by the Town Board by appointment for the unexpired term, provided no successor shall be appointed, nor shall any appointments otherwise be made, where such an appointment would cause the Zoning Board of Appeals to be comprised of greater than five members. The Town Board may appoint no more than one person to serve on both the Planning Board and the Zoning Board of Appeals concurrently. Said Board shall establish and from time to time amend or repeal rules and regulations for the effectuation of its powers and duties.
B. The Town Board of the Town of Chili may, in any year it deems necessary, appoint temporary alternate members to the Zoning Board of Appeals to serve as provided in this section. The number of temporary members so appointed pursuant to this section in any year shall not exceed three. Such temporary members shall be appointed for one-year terms of office. The Chairperson of the Zoning Board of Appeals shall assign such temporary members as necessary when absence of regular members of said Board or the conflict of interest of regular members of said Board would otherwise prevent seven members of said Board from considering any pending matter, but no more than two temporary members shall sit in determination of any pending matter. Such temporary members shall be designated on a rotating basis in the manner provided in the general governing rules of the Zoning Board of Appeals such that each temporary member shall be afforded an equal opportunity to serve. Once designated to serve on a particular matter before the Board, the temporary member shall have the same powers and duties as regular members of the Board until the matter is concluded. Any determination of said Board consisting of temporary members shall have the same weight and be entitled to the same authority as the act or deed of the regular Zoning Board of Appeals and all laws, statutes and regulations shall apply and be applied with equal force and effect. Such temporary members appointed pursuant to this section shall be paid for their respective services as fixed by resolution of the Town Board.