Zoning Board of Adjustment
Meeting Minutes
January 12, 2010
Members Present: Steve Filipi, Chairman, Jane Roberts, Gretchen Wittenborg and Jack Ernst
Others present: Tom Parker, Selectmen’s representative
CTO: 7:05 PM
Minutes: The Board reviewed the minutes of the October 13, 2009 meeting. Ernst moved, Roberts seconded and the Board approved the minutes as written.
The Board met in a work session to discuss new legislation pertaining to variances. In 2006, the state outlined criteria for granting two different kinds of variances, area variances and use variances. In 2009, the legislature did away with area variances and outlined specific criteria for granting all variances.
Following a discussion of their decision-making process, the Board decided to continue using this process, wherein they vote on each criterion following discussion of that criterion, rather than voting on the whole, following a complete discussion.
All agreed that they liked the specificity of a discussion of each criterion, feeling it gave everyone a chance to express their thinking. They feel this kind of discussion provides for better record keeping, which is critical if the decision is appealed. Wittenborg said she found it very valuable to look at various court decisions, since she finds they clarify the meaning of the variance criteria.
Parker asked if both Roberts and Wittenborg, whose appointments expire in May 2010, are willing to be reappointed. They both agreed they were. He said the Selectmen have been unsuccessful in finding people interested in serving as alternates to the ZBA. Currently Sue Wood is the only alternate and she travels during the winter. Parker said it is important to have two or three alternates to cover emergency absences, and possible conflicts of interest. He says that in small towns particularly, ZBA members may have to step down from hearing a case because they are abutters to a case or have another interest in the case. Ernst noted his availability may be restricted again this year.
Wittenborg said that because there is no longer an area variance the Board will have to approach each case even more carefully and ask more questions than they may have in the past. Filipi said the special conditions criteria are not always about topography; it may be neighborhood or use district considerations, or other unique condition that prompts a variance application.
Wittenborg moved, Roberts seconded and the Board vote to adjourn at 8:15 PM.
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