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Fenton adopts local law allowing alternate planning-board members after SEQRA review
Summary
The Town Board adopted Local Law No. 1 of 2026 permitting an alternate Planning Board member to substitute for an absent or conflicted member; the Board completed SEQRA Parts 1–3 and declared a Negative Declaration before voting unanimously to adopt the law.
The Town of Fenton Town Board on Jan. 28 adopted Local Law No. 1 of 2026 to authorize an alternate Planning Board member to substitute for a Planning Board member who cannot participate in a matter because of illness, absence, or conflict of interest.
The Board opened a public hearing at 6:06 p.m. Supervisor David Gunster read the hearing notice, after which Zoning Board of Appeals Chair Cindy Cook said she was "not necessarily in opposition" but questioned whether the change was needed given a seven-member Planning Board and the availability of Zoom. No other members of the public spoke for or against the proposal. Attorney Richard H. Miller, III noted that allowing alternates "tends to be a trend among municipalities."
Before adopting the local law, the Board assumed Lead Agency for the State Environmental Quality Review (SEQRA), completed Parts 1–3 of the Short Environmental Assessment Form and, finding no large or significant impacts, voted a Negative Declaration. With that determination in place, Councilman Thomas Cook moved to adopt Local Law No. 1; the motion passed on a unanimous roll-call vote.
The law will be incorporated into Chapter 150-46C of the Town Code to permit the Town to appoint an alternate when a Planning Board member is unable to participate. Attorney Miller indicated the change gives the Town the option to use an alternate when necessary but does not require substitution in routine circumstances.
The Board closed the hearing at 6:09 p.m. and the local law will be sent forward as a change to the Town Code; the Town indicated it will follow any required County 239 review procedures for other code amendments going forward.
