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Council to consider ordinance change after Board of Appeals lawyer limits absent members' vote counting
Summary
Council discussed a zoning-code provision that bars counting the vote of a Board of Appeals member who missed the hearing unless that member votes the same as three members present; council instructed staff to consult the attorney and explore an emergency ordinance to allow missed-member participation.
Councilmembers reviewed a legal interpretation reported to the Board of Appeals that a town zoning code provision requires at least three members present during proceedings and prevents counting a member’s vote toward a decision if that member missed the meeting and did not concur with three members present. The board’s attorney cited section 290-32(c)(3) of the town zoning ordinance in…
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