May 18, 2023 Regular Meeting

RESOLUTIONS As this application pertains to both Chairperson Neuer and Vice Chairperson Schwarzbaum, the Chair for this portion of the meeting was given to Board Attorney, Ms. Alice Beirne, Esq. Mrs. Weiss said that she is happy to second the motion and thinks the Board has a right to choose who is their Chair/Vice-Chair regardless of the Ordinance. Mr. Scott wanted to propose to table this resolution and asked how the Zoning Board of Adjustment has the right/authority to make decisions of this magnitude. Ms. Beirne said that the Zoning Board has the right to relax rules. Mr. Schwarzbaum said that he wants this resolution to come to a vote as outside counsel opined so as a Board they can proceed accordingly. Mr. Neuer said that this resolution is open to legal interpretation. Mr. Drill studied state statutes and if there is a dispute, the Town Council can take action. Mr. Barbee asked if the Zoning Board has been operating out of compliance. Ms. Beirne said that the Zoning Board has the right to relax rules. To her recollection, no other nominations for Chairperson/Vice-Chairperson occurred since the original Ordinance in question passed. Mr. Barbee agreed to move to a vote to support based on legal advice received. Proposed Revision to § 1.02 of the Zoning Board Rules and Regulations concerning Terms of Chairperson and Vice Chairperson Motion: P. Neuer Second: A. Weiss Barbee: Y Scott: N Dannemiller (Alt. 1) - Sussman (Alt. 3): Y Eben: N Weiss: Y Ricei: Y Chairman Neuer: Y Sealora (Alt. 2) Y Schwarzbaum: Y At the end of the vote, Ms. Beirne gave the chair back to Chairperson Neuer for the duration of the meeting.