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§44. Legal Proceedings. The Selectmen shall §4-7. Powers and Duties: The powers and duties have full authority as agent of the Town to of the Planning Board shall be as stated in the employ counsel to institute and prosecute suits Charter and the General Laws of the in the name of the Town, except suits on Commonwealth. In addition, it shall make bonds, notes or other securities given to the careful studies of the resources, possibilities Town Treasurer, and to appear and defend and needs of the Town and make plans for the suits brought against it and to appear in pro- development of the Town. The Planning ceedings before any tribunal, unless it is oth- Board shall make an annual report providing erwise specially ordered by vote of the Town. information regarding the condition of the Town and any plans or proposals for its devel- §4-5. Park Commissioners. The Board of opment, with estimates of the cost thereof. Selectmen shall act as Park Commissioners The Planning Board shall also provide a writ- for the Town and shall have authority to pro- ten report and recommendation on any article mulgate rules and regulations for use of Town- appearing in an Annual or Special Town beaches, athletic Meeting warrant proposing any changes to the owned parks, playgrounds, facilities or any other recreational facilities. Zoning Bylaws of the Town. No rules and regulations adopted shall conflict with this Code. The Selectmen shall have full §4-8. Vacancies: Vacancies occurring in the Board authority under applicable provisions of law shall be filled as provided in MGL C. 41, §11. to establish, adopt and impose fines and/or penalties for any violations of a rule or regula- §4-9. Public Hearings: The Planning Board, upon tion promulgated hereunder. Each violation its own initiation, may, and upon the petition shall constitute a separate offense on each suc- often(10)persons shall,hold public hearings, cessive occurrence. The provisions of MGL fourteen (14) days' public notice of which shall be given, for the consideration of any C. 40, §211), shall be applicable. History: Amended 5-6-1985 ATM, Article amendments to the Zoning Map or to the i Bylaws,l and report to a Town meet- 7, Zoning ing its recommendations as to what action ARTICLE II—Planning Board should be taken. History: Adopted as Ch 2,Article 2.7 of the 1980 Code; §4-10. Appointment of Consulting Engineer: The Planning Board may appoint a consulting §4-6. Membership; Terms: A Planning Board engineer. consisting of five (5) members and one (1) associate member shall be elected for terms of three (3) years each. The elections shall be CHAPTER 5—OFFICERS AND EMPLOYEES arranged, commencing with the annual elec- tion of 2005, so that in each three year cycle ARTICLE I—Town Manager. the terms of two members shall expire in the History: Adopted first year, the terms of two members shall expire in the second year, and the term of one §5-1. Appointment; Qualification; Term: The member and the associate shall expire in the Board of Selectmen shall appoint a Town third year. Whenever a member of the Manager to serve for an indefinite term. The Planning Board is absent, or is unable to par- Town Manager shall be appointed solely on ticipate in a particular matter due to a conflict the basis of education and experience in the Iof interest or other disability, the Chair shall accepted competencies and practices of local seat the associate member to act during such government management. A Town Manager absence or disability. need not be a resident of the Town or of the History:Amended 5-6-1985 ATM,Article 93. Commonwealth at the time of appointment History:Amended 7-27-1987 STM,approved but shall establish a residence within the j by Attorney General on 10-28-1987. Commonwealth within one year following appointment. The Board of Selectmen shall, annually,fix the compensation for such person 72 1 Editor's Note: See Ch. 174,Zoning-