These bylaws of the Hudson Zoning Board of Adjustment, hereinafter
referenced simply as the "Board," are adopted under the authority
of NH-RSA (New Hampshire Revised Statutes Annotated) 676:I. In the
event of a difference between these bylaws and the applicable NH-RSAs,
the NHRSAs take precedence over these bylaws.
These bylaws may be amended by a majority vote of the voting
members at a regular meeting of the Board, provided such amendments
are read at two successive public meetings.
[Amended 9-26-2019; 7-28-2022]
A. A Chairperson shall be elected annually by a majority vote of the
Board at the first meeting in the month of January. The Chairperson
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-Chairperson shall be elected annually by a majority vote of
the Board at the first meeting in the month of January. The Vice-Chairperson
shall preside in the absence of the Chairperson and shall have the
full powers of the Chairperson on matters which come before the Board
during the absence of the Chairperson.
C. A Clerk shall be elected annually by a majority vote of the Board
at the first meeting in the month of January, preferably an Alternate
member. The Clerk shall take attendance, process the member decision
sheets for a summary of decision made and use Appendix B as a guide.
D. All officers shall serve for one year and shall be eligible for re-election.
[Added 9-26-2019]
The Recorder is not a Member or Alternate. The Recorder shall
transcribe the minutes and notices of decisions in accordance with
State RSA requirements. The Recorder shall have minutes available
for members to accept. The Recorder shall have notice of decisions
available for the Chairman and Zoning Administrator.
[Added 1-28-2021; amended 7-28-2022]
A. In the
event that the unexpired term of Chairperson becomes vacant, the Vice-Chairperson
will fill the vacancy until the first meeting in January of the following
year, at which time the voting members will elect a new Chairperson.
B. In the
event that the unexpired term of Vice-Chairperson becomes vacant,
the voting members will vote to fill the vacancy at their next regular
scheduled meeting.
C. In the
event that the unexpired term of Clerk becomes vacant, the voting
members will vote to fill the vacancy at their next regular scheduled
meeting.
[Amended 9-26-2019; 7-28-2022]
A. Five (5) regular members shall be appointed by the Selectboard, attend
all meetings, and sit as voting members.
B. Five (5) alternate members shall be appointed by the Seletcboard,
attend all meetings to familiarize themselves with the workings of
the Board and stand ready to serve whenever a regular member of the
Board is unable to fulfill their responsibilities.
C. A Selectboard Liaison may be appointed by the Selectboard to act
as a liaison between the two Boards and should attend all meetings
but shall have no voting powers nor the ability to sit in place of
any regular member not in attendance.
D. At meetings of the Board, alternates who are not activated to fill
the seat of an absent or recused member or who have not been appointed
by the Chairperson to temporarily fill the unexpired term of a vacancy
may participate with the Board in a limited capacity. During a public
hearing, alternates may sit at the table with the regular members
and may view documents, listen to testimony, ask questions and interact
with other Board members, the applicant, abutters and the public.
Alternates shall not be allowed to make or second motions. Once the
Board moves into deliberations, alternates shall remove themselves
from any further deliberations with the Board. During work sessions
or portions of meetings that do not include a public hearing, alternates
may fully participate, exclusive of any motions or votes that may
be made. At all times, the Chairperson shall fully inform the public
of the status of any alternate present and identify the members who
shall be voting on the application.
E. All members and alternates must reside in the community and 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 Chairperson
and Zoning Administrator as soon as possible. Members, including the
Chairperson and all officers, shall participate in the decision-making
process and vote to approve or disapprove all motions under consideration.
Three (3) consecutive unexcused absences by a member or alternate
shall be reported to the Selectboard through the Town Administrator,
to take appropriate action.
[Amended 9-26-2019; 7-28-2022]
A. Regular meetings (for appeals and hearings) shall be held at Hudson
Town Hall, at 7:00 p.m. on the fourth Thursday of each month in accordance
with RSA 676:5 through 676:7 and RSA 91-A:2. The Chairperson may schedule
additional overflow meetings, or reschedule meetings after consultation
with the Zoning Administrator (or designee).
B. Other meetings may be held on the call of the Chairperson, or a majority
vote of the Board in accordance with RSA 91-A:2II.
C. All Board members shall be given notice of meetings by mail or email
one week prior to the meeting date.
D. Quorum. A quorum for all meetings of the Board shall be three (3)
members, including alternates sitting in place of members.
(1) The Chairperson shall make every effort to ensure that all five members,
and one or two alternates, are present for the consideration of any
appeal or application.
(2) If any regular Board member is absent from any meeting or hearing,
or disqualifies themselves from sitting on a particular case, the
Chairperson 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 including
any continued/deferred cases.
(3) Alternates shall generally be activated on a rotating basis from
those present at a particular meeting. When an alternate is needed,
the Chairperson shall select the alternate who has not been activated
for the longest time.
(4) If there are fewer than five members (including alternates) present,
the Chairperson shall give the option to proceed or not to the applicant.
Should the applicant choose to proceed with less than five members
present that shall not solely constitute grounds for a rehearing should
the application fail.
E. Disqualifications/Recusals.
(1) If any member finds it necessary to disqualify themselves from sitting
in a particular case, as provided in RSA 673:14, they shall notify
the Chairperson as soon as possible so that an alternate may be requested
to sit in their 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) Determining the threshold of disqualification can be difficult. To
assist a member in determining whether or not they should step down
(recuse themselves), Board members should review the questions which
are asked of potential jurors to determine qualification (RSA 500-A:12).
A potential juror may be asked whether he or she:
(a)
Expects to gain or lose upon the disposition of the case;
(b)
Is related to either party;
(c)
Has advised or assisted either party;
(d)
Has directly or indirectly given an opinion or formed an opinion;
(e)
Is employed by or employs any party in the case;
(f)
Is prejudiced to any degree regarding the case; or
(g)
Employs any of the counsel appearing in the case in any action
currently pending in the court.
(h) Is a direct or indirect abutter.
(3) Either the Chairman or the member disqualifying themselves before
the beginning of the public hearing on the case shall announce the
disqualification. The disqualified may step away from the table during
the public hearing and during all deliberation on the case as he/she
so chooses.
F. Order of Business. The order of business for regular meetings shall
be as follows:
(1) Call to order by the Chairperson.
(3) Introduction/order
of business as Attachment A.
(4) Roll call by the Clerk.
(a) Chairperson seats any Alternate appointments due to absences.
(5) Announce
any adjustment to the agenda (order of cases, etc.).
(6) Unfinished Business (Continued or Deferred Hearings).
(7) New Hearing(s). Board will not hear new cases after 11:00 p.m.
(a) The Zoning Administrator will read the case into the record.
(b) The Zoning Administrator will read the Staff Report.
(9) Approval of Minutes from Previous Meeting(s).
(11)
Communications and Items of Interest to the Board, Other Business.
(12)
Adjournment
(Note: Although this is the usual order of business, the Board
may wish to hold the hearings immediately after the roll call in order
to accommodate the public, based on a positive vote of the Board.)
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[Amended 7-28-2022]
The Board may reconsider a decision to grant or deny an application
or grant or deny a motion for rehearing, provided such reconsideration
is within the appeal period of the original decision as per RSA 677:3
If the Board grants a motion for rehearing, the new public hearing
shall be held within 30 days of the decision to grant the rehearing,
provided all notice fees are paid and an updated abutters list is
submitted by the party requesting the rehearing. Notification of the
rehearing shall follow the procedures set forth in RSA 677:2.
Any portion of these rules of procedure may be waived in such
cases where, in the opinion of the Board, strict conformity would
pose a practical difficulty to the applicant and a waiver would not
be contrary to the spirit and intent of the rules. A majority of the
Board present shall vote any waiver.