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Lansing's Town Board proposed a law Wednesday that would reduce planning board member terms from seven years to three.  The new law would affect planning board members, and alternate members to the Planning Board and the Zoning Board of Appeals (ZBA).  Town officials say a shorter term will make it easier to attract new members to the board.

"We just appointed a new planning board member and an alternate," explained Town Supervisor Scott Pinney.  "In the process of trying to find people to fill those positions the biggest detriment to that was the fact that when we told them it was a seven year term a lot of people shied away."

Lansing's Planning Board has seven regular members.  Currently one member is appointed per year, which makes the appointment a seven year term.  Under the new law three members or alternates would be appointed each year in a three year cycle. 

Former Planning Board member Larry Zuidema asked whether the law was a case of home rule, and Town Attorney Guy Krogh said that it is.

"I understand from the  training that I went through that the purpose of the law is to allow the term of planning board members to exceed the town board's," Zuidema said.  "That reduces the amount of political influence over good planning decisions.  Have you considered that in putting forward this unusual proposal, which I would find to be not in the interests of the residents of the town?"


"'Normal' and 'unusual' are taking on spins in your definition that I don't think are intended," Krogh replied.  "Every single local law is every municipality in the State of New York is created under the municipal home rule law.  That means you would consider parking regulations, speed limits unusual under that definition.  I don't think that's accurate."

Krogh explained that 'supersession' is when you use a constitutional power that's granted to a local government to have a rule different from some general state law.  He noted that the use  supersession authority by towns is common.  He noted that there are rulings by New York's Attorney General on similar laws in other communities that he researched while writing the law, and suggested that planning board members having a shorter term than town board members is more of a political issue than a legal one.

"I will leave it to the Board to address that except to note that if the Town Board only has a four year term it would seem to me that every two years or so you have a different town board," he said.  "Every two years you have a different set of potential constraints, preferences, biases, etc.  So you have different people coming into the planning board.  The converse of what you suggest may also be true, that with a higher turnover in a planning board you may end up with a more diverse and more representative group."

Town Board members Matt Besemer and Marty Christopher asked whether term limits could be included.  Christopher said he would favor a three term maximum.  Krogh explained that the Town Board may include term limits at its discretion.  Pinney favored leaving the door open to having members stay on the board longer.  "If we went with three terms the most senior person would only be there for nine years total," he said.  "I think it's good to have some people on the board that have a lot of experience."

Resident and Deputy Highway Superintendent Charlie Purcell said he was concerned that it is too difficult to get new members onto the Planning Board.  "The Planning Board is a pretty tight knit group," he said.  "I think somebody trying to get on the board for the good of the Town is going to have a tough time doing it."

But Pinney said the Town Board would look at applications of existing members and new applicants, consult the Planning Board, and make a decision.  "I think our planning board is a very diverse group with a lot of different ideas," he said.  "It brings a lot of quality."

Deputy Supervisor Connie Wilcox said that the proposed law is not a reflection of existing Planning Board members.  "In the resolution to set the public hearing it says, 'Whereas the Town Board hereby makes clear that this proposed law is not a reflection upon any member of the Planning Board, and this proposal of a law will not impact the current constitution of the Planning Board, whose members have provided a valuable service to the Town and all of whom will continue to serve on the Planning Board,'" she said.  "I really want that to be noted."

She then made a motion to set the public hearing for February 24th at 6:05pm.  Zuidema asked to see a copy of the law, and Pinney told him it should be available in the Town Clerk's office some time next week.

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