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Session Laws

1994

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CHAPTER 109 AN ACT PROVIDING FOR THE ELECTION OF THE ZONING BOARD OF APPEALS OF THE CITY OF TAUNTON.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Notwithstanding the provisions of any special or general law to the contrary, in the year nineteen hundred and ninety-five and at the biennial city election and every second year thereafter, there shall be elected five permanent members and two alternate members of the zoning board of appeals of the city of Taunton. All such members shall be elected for a term of two years. The two candidates receiving the sixth and seventh highest number of votes for said board at the preceding biennial election shall be designated respectively the first and second alternates and shall participate on said board in the order of their election only in the absence of a permanent member.

If a permanent member of the zoning board of appeals resigns, or if there is a vacancy of a permanent position on said board by reason of death, imprisonment, or any other cause, the first alternate shall fill the vacated permanent position; and on his refusal to serve, the second alternate shall fill the position. The municipal council shall, within fifteen days thereafter, fill the alternate position left vacant as a result thereof; and shall, also within fifteen days, fill any alternate position left vacant by reason of resignation, death, imprisonment, or other cause, which, in either case, thereupon shall be designated the second alternate position, by electing the person who at the last biennial election, received the next highest vote to the last of the seven persons elected thereat to the zoning board of appeals, and on his refusal to serve, the person who received the next highest vote to him at said election; and on his refusal to serve, other persons who were candidates for membership of the zoning board of appeals and were defeated shall be elected to fill such vacancy in the order of the respective number of votes received by any such candidate at said election. If there is no person qualified as provided herein who is willing to serve or if there are an insufficient number of candidates participating in the biennial election to fill the seven zoning board of appeals positions, a registered voter of the city duly qualified to vote for the office in which there is a vacancy shall be so elected. The person so selected shall serve for the remainder of the unexpired term of the person he succeeds if he is elected to fill a vacancy created by resignation, death, imprisonment or other cause or for a term of two years if he is elected to fill a vacancy created by lack of candidate participation in the most recent biennial election.

SECTION 2. This act shall take effect upon its passage.

Approved August 26, 1994.