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Filling vacant seats and those of absent or recused members

RSA 673:11 allows an alternate land use board member to be designated to sit when a regular member is either absent or disqualified (recused).

RSA 673:12 was amended in 2009 adding subsection III allowing the chairperson of a local land use board to temporarily designate an alternate member to fill a vacant seat until it can be filled in the manner set forth in paragraph I or II. If the vacancy is for an ex officio member, the chairperson may only designate the person who has been appointed to serve as the alternate for the ex officio member.

Where multiple recusals deprive a land use board of a quorum, the Town can employ RSA 43:7 and the Selectmen can appoint persons to sit who had previously held the same position in the past.  In the case of a land use board being depleted of all members and alternates because of recusal, the Town can apply to the Superior Court pursuant to RSA 43:8 to have a substitute board appointed for that particular matter. Persons so appointed must have held the same position in the past.


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