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Zoning Board of Appeals Administrative Minutes 7/22/14
ZBA Administrative Meeting Minutes

Date:  7/22/14
Meeting began at: 2pm

Members Present:  Jonathan Levin, Chair, Cynthia Weber, Vice-Chair, Stanley Ross, Clerk, Robert Lazzarini and Fred Chapman

Alternates: Anne-Marie Enoch (left at 2:45pm), Ian Jenkins

The Board discussed the rotation of the Chair, Vice-Chair and Clerk positions for the FY15 year.  Next up if continuing the current tradition would be Cynthia but she declined.  Bob explained that when he started in 2003 Peter Murkett had been the Chair and was the Chair for most of the years he served on the Board and it wasn’t until he retired that the Board began rotating the positions.  Bob suggested that the Board should consider just electing one member as Chair with a term of no longer than 3 years consecutively in the position.  Fred felt we were a small Board and having all these “rules” encumbers the Board and we should just elect someone that is willing to serve in the position.  The Board discussed whether or not they wanted to continue the rotation cycle or go to an election style.  A motion was made to elect the Chair by the sitting members rather than continuing the rotation cycle.  The motion was seconded and unanimously approved.  Discussion ensued about whether there should be a term for the Chair position beyond one year.  A motion was made to elect a chair each year with a suggestion that the seat be rotated in no particular order.  This motion failed.  Jon felt that there wasn’t a need to develop a process because if there were at least 3 members that felt a change was needed on the Board then a change would be discussed and voted on.  A motion was made to elect a chair each year with a suggestion that the seat be rotated in no particular order and that no person can sit as chair for more than 3 consecutive years.  The motion was seconded.  The motion failed 6 – 1.  It was noted that it is required by law to elect a Chair each year.  A motion was made to elect Jonathan Levin as the Chair for this FY.  The motion was seconded and unanimously approved.  A motion was made to elect Cynthia Weber as the Clerk for one year.  The motion was seconded and approved unanimously.

Bob informed everyone that Chapter 40A Section 14 states that if provisions for associate members have been made then vacancies created are to be chosen by the ZBA Chair not the Select Board.  Fred noted that in the past the ZBA has made their recommendation for a permanent replacement when needed to the Select Board and they then make the appointment.  It was agreed that this wasn’t an urgent item to discuss at this moment as there aren’t currently any vacancies.  It was also agreed that the scheduling of meetings will continue as it has been but if there is a last minute unavailability of an elected member that the Chair of the ZBA will choose who the alternate will be to sit at the hearing.

The second administrative issue to deal with was addressing applications when they come in and making sure they are consistent and complete.  Jon noted that since the application was made simpler we are still getting applications that don’t comply with the requirements and are incomplete.  Jon stated that currently when he receives the packet he is notifying M. Noe of the packet’s deficiencies and M. Noe is then notifying the applicant.  Jon feels that the packet should be reviewed prior to being accepted and a hearing being scheduled.  Jon also questioned if there would be certain circumstances where a surveyed plan would not be necessary thus saving the applicant a considerable amount of money.  It was agreed that going forward the application will be reviewed for its completeness by Jonathan prior to a hearing date being scheduled and the applicant will be notified that the application isn’t being officially accepted until it has been reviewed for completeness thus delaying the scheduling of a hearing by a few days.  If an applicant is insistent that their application is complete and wants the clock to start immediately they will be informed that they will be taking on the liability that the application is complete and if it isn’t their request may be delayed or denied.  The person reviewing the application for completeness will not be in direct contact with the applicant but will forward any deficiencies to M. Noe, who will notify the applicant.  The Board will continue the discussion on engineered survey plans being required for all situations next week.

Before Mari left she suggested that a spot be added to the application stating that by signing and submitting this application you are granting permission to the members of the ZBA to visit your property to protect our members from a situation that happened in a nearby town where a ZBA member made a site visit and took pictures and the owner stated they did not have permission.  Everyone agreed.

The Board quickly reviewed the Planning Board’s response to the ZBA’s request for any proposed revisions to the zoning bylaws.  Copies were given to everyone and are available at town hall.  This will be discussed further next week.

This meeting will be continued until 2:30pm on Tuesday, July 29th.

A motion was made to adjourn the meeting at 3pm.

Submitted by
Melissa Noe, Executive Secretary