ZONING BOARD OF ADJUSTMENT
MEETING
THURSDAY, MAY 6, 2004
356 Main Street
Members Present: Margaret Russell, Russell Stoakes, Gordon Grant, Tom Brennan, Charlie
King
Staff Present: Fran Osborne
Public Present: No members of the public present
· Margaret Russell called the meeting to order at 7:05 p. m. seating alternate Gordon Grant as a regular member of the board. Minutes of April 15, 2004 were reviewed and Russell Stoakes made a motion to accept the minutes as presented, Gordon Grant 2nd, motion carried.
· Tom Brennan – discussion on public hearing at last meeting for Ruby Hooper and the process of a plan being presented.
· New Business: Zoning Board of Adjustment Town of Farmington By-Laws
Discussion on establishment of ZBA. In the Zoning Ordinance, Town of Farmington Adopted March 13, 2001, amended March 13, 2003 and March 11, 2003, Section 1.10 provides for the establishment of the Zoning Board of Adjustment (ZBA) as required per RSA 673:1, IV. With respect to this Ordinance, the ZBA shall review and decide on appeals from administrative decisions, applications for the Special Exceptions, applications for Variances, and applications for Equitable Waivers of Dimensional Requirements in accordance with RSA 647:33 (a).
Discussion on “Conflict of Interest” and N.H. Planning and Land Use Regulation 2003 – 2004 Edition, RSA 673:14 being added to the ZBA By-Laws.
(See attached ZBA By-Laws Town of Farmington for recommended changes/amendments.)
Charlie King – do the Selectmen have jurisdiction to impose rules of procedure on the boards? This would apply to all boards. Discussion on RSA 676:1 Method of Adopting Rules of Procedure. Vote on conflict of interest by a board member can be advisory only. If a vote was taken, the person must step down. That vote shall be advisory and non binding. We can ask a board member to step down but can’t demand it.
Tom Brennan - discussion on bias by a board member. The applicant before the board has the right to ask board members to step down.
Public Hearing portion discussion on h. and closing of a hearing if there are legal or other issues. This also allows the board time for determination on public hearing before the board.
Margaret Russell – asked Fran to mail with the next agenda forms used to come before the board. She also asked Fran when an applicant comes in with application to come before the board to send with agenda a copy of the Tax Map & Lot referenced by applicant, a copy of the application & other materials that might help board members in their review before the scheduled meeting.
Discussion on appeals being changed from 20 to 30 days. In the N. H. Planning and Land Use Regulation, RSA 677:2 this was changed to within 30 days.
· With no further business to discuss, Russell Stoakes made motion to adjourn at 9:15 p.m., Gordon Grant 2nd, motion carried. Review proposed changes, possible legal review, bring back final for next meeting.
______________________________ ________________________
Margaret Russell, Chairman Zoning Board of Adjustment Date
Zoning Board of Adjustment
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