§ 85-53. Establishment; membership.

A. 

The Town Board shall appoint a Board of Zoning Appeals consisting of seven members and shall designate the Chairperson of such Board as provided herein. Of the seven members at least one will be a licensed architect, and additionally at least two members will be either a licensed architect, a licensed engineer, a licensed attorney, an environmentalist or a certified planner. Additionally, four positions will be appointed as community members at large. Said composition to be phased in with any reappointment and/or new appointment effectuated on or after the effective date of this section. Nothing herein contained will invalidate decisions of this Board during this phase-in period.

B. 

Office established.

(1) 

There shall be in the Town of Brookhaven an Office of the Board of Zoning Appeals. The principal executive officer and administrative head of such Office shall be the Chairperson of the Board of Zoning Appeals, who shall be appointed by the Town Board to said Office for such term and at such compensation as may from time to time be fixed by the Town Board.

(2) 

The Town Board may appoint a Deputy Chairperson at such compensation and for such term as may from time to time be fixed by the Town Board, who shall generally act in behalf of the Chairperson and who shall perform such duties as may be directed by the Chairperson and as are vested in and imposed upon that office by the provisions of this chapter, by statute or by other lawful authority.

(3) 

Before entering upon the duties of his office, the Chairperson shall execute and file with the Town Clerk an official undertaking, if the same is required by the Town Board, in such sum as prescribed by the Town Board and in such form as approved by the Town Attorney.

(4) 

The Chairperson shall have such powers as prescribed by law as shall be necessary for the proper administration of the office consistent with applicable provisions of law.

C. 

Powers of the Town Supervisor. Nothing herein contained shall be construed to delegate or transfer any power of the Town Supervisor, as outlined in the Town Law of the State of New York, or any statutory or other powers which may be lawfully executed by said Supervisor.

D. 

The Town Board may appoint any person as a member of the Board of Zoning Appeals for a term of three years, at such compensation as may from time to time be fixed by the Town Board. After the expiration of the terms of the members serving on the Board of Zoning Appeals, any member reappointed or any successor in office shall serve for a term of three years. If a vacancy shall occur other than by expiration of term, it shall be filled by the Town Board by appointment for the unexpired term. However, no such appointment shall exceed three years. Any new appointment, reappointment or appointment to a vacancy shall not exceed three years.