[HISTORY: Adopted by the Zoning Board of Adjustment of the
Town of Conway as last amended 7-20-2011. Subsequent amendments noted where applicable.]
These rules of procedure are adopted under the authority of RSA 676:1, and Chapter 190, Zoning, of the Conway Code.
A.
A Chairman shall be elected annually by a majority vote of the Board
at the first scheduled meeting after the Annual Town Meeting. The
Chairman shall preside over all meetings and hearings, appoint such
committees as directed by the Board and shall affix his/her signature
in the name of the Board.
B.
A Vice-Chairman shall be elected annually by a majority vote of the
Board at the first scheduled meeting after the Annual Town Meeting.
The Vice-Chairman shall preside in the absence of the Chairman and
shall have the full powers of the Chairman on matters that come before
the Board during the absence of the Chairman.
C.
All officers shall serve for one year and shall be eligible for reappointment.
A.
Members must reside in the community and they are expected to attend
each meeting of the Board to exercise their duties and responsibilities.
Any member unable to attend a meeting shall notify the Chairman as
soon as possible. Members shall participate in the decision-making
process and vote to approve or disapprove all motions under consideration.
B.
Up to five alternate members shall be appointed, as provided for
by the local legislative body, and should attend all meetings to familiarize
themselves with the workings of the Board to stand ready to serve
whenever a regular member of the Board is unable to fulfill his/her
responsibilities. Alternates may ask questions during public hearings;
however, they are not permitted to otherwise participate in discussions,
deliberations, motions, seconds or votes unless they are appointed
to replace an absent Board member.
A.
Regular meetings shall be held as necessary at the Conway Town Offices
in Center Conway at 7:00 p.m. on the third Wednesday of each month.
Other meetings may be held and/or locations may be used on call of
the Chairman, provided public notice and notice to each member is
given at least 24 hours, excluding Sundays and legal holidays, prior
to such meetings.[1]
[1]
Editor's Note: Amended during codification project.
B.
Town staff shall provide technical assistance as well as maintain
a record of all meetings, transactions and decisions of the Board.
C.
Quorum.
(1)
A quorum for all meetings of the Board shall be three members, including
alternates sitting in place of members. In the event that fewer than
five members are present, the applicant shall be offered the choice
of having the appeal heard with the present members or to have the
hearing continued until five members can be present to hear the appeal.
(2)
RSA 674:33, III provides that ". . .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. .
." For this reason, the Board will make every effort to ensure that
a full five-member Board is present for the consideration of any appeal.
(3)
If any regular Board member is absent from any meeting or hearing,
or disqualifies himself from sitting on a particular case, the Chairman
shall designate one of the alternate members to sit in place of the
absent or disqualified member, and such alternate shall be in all
respects a full member of the Board while so sitting.
D.
Disqualification.
(1)
If any member finds it necessary to disqualify himself from sitting
in a particular case, as provided in RSA 673:14, he shall notify the
Chairman as soon as possible so that an alternate may be requested
to sit in his place. When there is uncertainty as to whether a member
should be disqualified to act on a particular application, that member
or another member of the Board may request the Board to vote on the
question of disqualification. Any such request shall be made before
the public hearing gets underway. The vote shall be advisory and nonbinding.
(2)
The disqualification shall be announced by either the Chairman or
the member disqualifying himself before the beginning of the public
hearing on the case. The disqualified member shall absent himself
from the Board table during the public hearing and during all deliberation
on the case.
A.
Applications.
(1)
Each application for a hearing before the Board shall be made on
forms provided by the Board. Complete applications must be submitted
to the Town at least 21 days prior to the regular meeting at which
the appeal shall be heard.
(2)
Additional information to be considered by the Board must be provided
to the Town no fewer than seven days prior to the meeting at which
it is to be considered so Town staff can forward that information
to the Board no later than 72 hours prior to said meeting.
(3)
Appeals from an administrative decision taken under RSA 676:5 shall
be filed within 30 days of the decision.
(4)
All forms and revisions prescribed shall be adopted by resolution
of the Board and shall become part of these rules of procedure.
B.
Public notice.
(1)
Public notice of public hearings on each application shall be given
in the Conway Daily Sun and shall be posted at the Conway Post Office,
the Center Conway Post Office and the Town Offices not less than five
days before the date fixed for the hearing. Notice shall include the
name of the applicant, description of property, to include Tax Map
identification, action desired by the applicant, provisions of the
zoning ordinance concerned, the type of appeal being made and the
date, time and place of the hearing.
(2)
Personal notice shall be made by certified mail to the applicant
and all abutters not less than five days before the date of the hearing.
Notice shall also be given to the Planning Board, Town Clerk and other
parties deemed by the Board to have special interest. Said notice
shall contain the same information as the public notice.
(3)
Costs of all required notices must be paid for, in advance, by the
applicant.
C.
Public hearing. The conduct of public hearings shall be governed
by the following rules:
(1)
The Chairman shall call the hearing in session.
(2)
The Chairman shall read the application and report on how public
notice and personal notice were given.
(3)
Members of the Board may ask questions at any point during testimony.
(4)
Each person who appears shall be required to state his name and address
and indicate whether he is a party to the case or an agent or counsel
of a party to the case.
(5)
Any member of the Board, through the Chairman, may request any party
to the case to speak a second time.
(6)
Any party to the case who wants to ask a question of another party
to the case must do so through the Chairman.
(7)
The applicant shall be called to present his appeal.
(8)
Those appearing in favor of the appeal shall be allowed to speak.
(9)
Those in opposition to the appeal shall be allowed to speak.
(10)
The applicant and those in favor shall be allowed to speak in
rebuttal.
(11)
Those in opposition to the appeal shall be allowed to speak
in rebuttal.
(12)
Any person who wants the Board to compel the attendance of a
witness shall present his request in writing to the Chairman not later
than seven days prior to the public hearing. All expenses incurred
under this section for compelling the attendance of a witness shall
be paid by the party or parties requesting that a witness be compelled
to attend a meeting of the Board. Payment for compelling witnesses
must be submitted to the Town not later than seven days prior to the
public hearing.
(13)
The Board will hear with interest any evidence that pertains
to the facts of the case or how the facts relate to the provisions
of the zoning ordinance and state zoning law.
(14)
The Chairman shall present a summary setting forth the facts
of the case and the claims made for each side. Opportunity shall be
given for correction from the floor.
(15)
The hearing on the appeal shall be declared closed and the next
case called up.
D.
Decisions. The Board shall decide all cases within 14 days. The Board
will approve, approve with conditions, deny the appeal, or defer its
decision. Notice of the decision or deferral will be made available
for public inspection within five business days, as required by RSA
676:3, and will be sent to all persons notified of the public hearing.
If the appeal is denied or deferred, the notice shall include the
reasons therefor.[1]
[1]
Editor's Note: Amended during codification project.
A.
The records of the Board shall be kept by Town administrators and
made available for public inspection at the Town Offices in Center
Conway in accordance with RSA 673:17.
B.
Final written decisions will be placed on file and available for
public inspection within five business days after the decision is
made (RSA 676:3).
C.
Minutes of all meetings, including names of Board members, persons
appearing before the Board, and a brief description of the subject
matter, shall be open to public inspection within five business days
of the public meeting (RSA 91-A:2, II).
[1]
Editor's Note: Amended during codification project.
A.
RSA 676:2 provides that the Board of Adjustment may hold joint meetings
or hearings with other "land use boards," including the Planning Board,
the Building Code Board of Appeals, and the Inspector of Buildings,
and that each board shall have discretion as to whether or not to
hold a joint meeting with any other land use board.
B.
Joint business meetings with any other land use board may be held
at any time when called jointly by the chairmen of the two boards.
C.
A public hearing on any appeal to the Board of Adjustment will be
held jointly with another board only under the following conditions:
(1)
The joint public hearing must be a formal public hearing on appeals
to both boards regarding the same subject matter; and
(2)
If the other board is the Planning Board, RSA 676:2 requires that
the Planning Board Chairman shall chair the joint hearing. If the
other board is not the Planning Board, then the Board of Adjustment
Chairman shall chair the joint hearing; and
(3)
The provisions covering the conduct of public hearings set forth
in these rules, together with such additional provisions as may be
required by the other board, shall be followed; and
(4)
The other board shall concur in these conditions.
These rules of procedure may be amended by a majority vote of
the members of the Board, provided that such amendment is read at
two successive meetings immediately preceding the meeting at which
the vote is to be taken.
