Decisions of the ZBA may affect the value of property and may
impose recorded restrictions on the use of that property. Accordingly,
state law has imposed safeguards for both the applicant and for the
public interest. These safeguards take time. To meet statutory deadlines
if the public must be notified, an ad must be to the local newspaper
once in each of two successive weeks, the first not less than 14 days
before the day of the hearing. If the law requires the ZBA to hold
a public hearing, the minimum time required for all processes (this
includes the statutory twenty-day appeal period after the decision
of the ZBA has been filed with the Town Clerk during which persons
aggrieved may appeal to the Trial Court) is about seven weeks; it
usually takes longer. While the ZBA will attempt to act expeditiously,
the ZBA reserves the right to take the full time permitted by statute.
Hearings before the ZBA are conducted with the expectation that
the applicant, the applicant's agents or representatives, and
others offering testimony and documentary evidence before the ZBA
will voluntarily present all relevant facts and represent all matters
accurately and truthfully to the best of their knowledge and belief.
An application may be filed while a Bylaw amendment is pending.
If the ZBA deems such change to affect either the form or the substance
of the relief sought, the ZBA at any time may:
A. Require the applicant to apply or reapply in a manner which conforms
to the change and to pay the fees involved; or
B. On its own motion and without the assessment of additional fees,
broaden the scope of the application so as to conform to the Bylaw
change. (Notice of the hearing or its continuation must include the
broadened scope.)