Winchester, NH Zoning Board of Adjustment: Rules of Procedure Final Version 3/4/10
The rules of procedure are adopted under the authority of New Hampshire Planning and Land Use Regulations. The Zoning Board of Adjustment (ZBA) rules on requests for variances, special exceptions, and equitable waivers from the zoning ordinances and decides appeals of administrative decisions. In addition it responds to questions from the public.
Officers
A Chair shall be elected annually by a majority vote of the board at the first meeting of the fiscal year. The Chair shall preside over all meetings and hearings and shall sign in the name of the board.
A Vice-Chair shall be elected by a majority vote of the board at the first meeting of the fiscal year. The Vice-Chair shall preside in the absence of the Chair and shall have the full powers of the Chair in board matters during the absence of the Chair, including signing documents.
A Clerk shall be appointed by resolution for any board meeting when the town does not designate an employee to record meeting minutes and decisions. The Clerk may perform other duties as the board may direct by resolution.
All officers shall serve for one year and are eligible for re-election. If the Chair or Vice-Chair both are unable to serve because of absence or disqualification, the remaining board members shall elect an alternate Chair to serve until the Chair or Vice-Chair can resume the duties of Chair.
Members and Alternates
Up to five regular members and up to three alternate members shall be appointed to a three year term by the Board of Selectmen. The Board of Selectmen shall appoint the replacement to serve out the term of any member unable to complete a term.
Members must be town residents and are expected to attend all meetings. Regular members and alternate members designated by the Chair as regular members shall participate and vote in the decision making process. Alternate members are encouraged to attend every meeting of the board. Alternate members designated to sit in place of a regular member shall be in all aspects a full member of the board.
When an alternate member has been appointed to fill the position of a full member, the alternate member shall continue to sit on any continued applications started at that meeting, in the place of the full member, at subsequent meetings until the applications are decided.
Meetings
Board meetings are normally held on the first Thursday of the month or at the call of the Chair, provided each member is given forty-eight hours notice and any required public notice complies with New Hampshire Planning and Land Use Regulations. Meetings will adjourn by 10 pm unless the board agrees to continue beyond that time.
A quorum for all meetings shall be three members, including alternates sitting in place of regular members. The concurring vote of three members of the board shall be necessary to reverse any action of an administrative official or to decide in favor of the applicant on any matter requiring a vote. A tie vote shall be deemed to defeat the question. The board shall try to have a full quorum of five members at every meeting. If a member or alternate member is disqualified to act on a matter before the board, that person shall not sit at the table with the board during any hearing or deliberation of the matter. Any uncertainty about a conflict of interest or eligibility to sit on a particular matter should be resolved according to New Hampshire Planning and Land Use Regulations in advance of any hearing.
Applications
Each application for a hearing before the board shall be made on forms provided by the board and shall be provided to the Land Use Assistant or an appropriate town employee authorized to date stamp official documents. Documents shall be deemed to be received when an authorized town employee receives and date stamps the document.
Appeals of administrative decisions by any officer, department, board, or bureau of the town must be filed within thirty days of the decision by filing with the group or administrative officer from whom the appeal is taken and with the ZBA.
The ZBA at its next scheduled meeting will review all completed applications received at least ten days before the meeting. All applications shall contain payment for the appropriate fees. The ZBA generally accepts applications at one meeting and, if the application is accepted, schedules a hearing for the following meeting. Upon receipt of an application for development, the board shall determine whether or not the development, if approved, reasonably could be construed as having the potential for regional impact.
Public Hearings
Public hearings shall be open to all and shall offer an opportunity for all affected parties to be heard by the ZBA. To facilitate this process, anyone speaking at a public hearing will provide name, address and interest in the case. The ZBA will hear with interest any evidence pertaining to the facts of the case relevant to the zoning ordinance or administrative decision. Members of the board may ask questions at any time. Any party to the case who wants to question another party must do so through the chair. Questions from the public shall be directed to the chair.
Public Notice
Notice of public hearings on an application shall be given in the local newspaper and shall be posted not less than five days before the hearing in at least two of the following locations: town hall, town web site, the post office, and Kulicks Market. Notice shall include name of the applicant, description of the property to include tax map identification, action requested, provisions of the applicable zoning ordinance, type of appeal, and the date, time and location of the hearing.
Personal notification shall be made by certified mail, with a return receipt, to the applicant and all abutters not less than five days before the hearing. The appropriate town boards deemed by the ZBA to have an interest in the matter also shall be notified. This notification shall contain the same information described above and shall be made on forms provided for this purpose.
Fees
Before an application is reviewed, a minimum fee of $150 must be submitted payable to the Town of Winchester. The first $50 is a non refundable offset of administrative costs; the remainder will be applied to the cost of processing the application, such as mailing costs, etc. If processing costs are less than $100, the difference will be refunded; if the costs are greater, that difference will be billed to the applicant.
Decisions
The board shall decide all cases within thirty days of the close of the public hearing and shall either approve, approve with conditions, or deny the request. Denial of a request shall include the reason for the denial. Notice of the decision and minutes of meetings will be available for public inspection within five business days and will be sent to the applicant by mail and to any affected town boards. Copies of all decisions will be on file in town hall and available for public inspection within five business days after the decision is made. Meeting minutes are not official until approved by the board at its next meeting.
Amendments
These rules of procedure may be amended by a majority vote of the board provided that such amendment is read at two successive meetings immediately preceding the meeting when the vote will be taken. Any portion of these rules and procedures not expressly covered by the New Hampshire Planning and Land Use Regulations may be waived in such cases where, in the opinion of the board, strict conformity would pose a practical difficulty and a waiver would not be contrary to the spirit and intent of these rules.
Joint Hearings
The ZBA may hold joint hearings with other boards if each board agrees to a joint meeting. Joint meetings will be held in strict compliance with the appropriate New Hampshire regulations.
Site Visits
If the board determines a site visit is needed or appropriate, the visit shall be posted as a regular meeting of the board, the public is entitled to attend, minutes shall be taken, and the applicant or appropriate agent shall be present. A site visit is defined as a first hand view of the location in question by a quorum of the board. Visits to a site by individual members of the board with the permission of the land owner may be encouraged but are not official site visits. If a member of the board has visited a site in person, that information should be disclosed at the appropriate meeting.
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