Candidate’s Night
March 8th, 2010This is the material I prepared for Candidates Night. I did not have time to say all of this, but I would have if I had more time.
I am running for election to the ZBA because I think that this board makes some of the most important decisions in this town.
Here’s a quote from the ZBA handbook put out by the state Office of Energy and Planning:
“To a large extent, the success or failure of zoning administration rests on the proper exercise of judgment by members of the Board of Adjustment.”
Three people, a simple majority of this 5 person board, by their vote on a variance, can allow construction or use of a property in a way that is prohibited by the zoning ordinance that YOU voted for.
Is this a bad thing? NO!
Many of the variances that are proposed to the ZBA should be granted.
With every zoning ordinance, no matter how well drafted, there are still situations that just could not be anticipated, where the regulations just don’t work.
That’s why all zoning ordinances allow for variances. And that’s why standards have been developed- and tested through time— that the ZBA must use in order to make a valid decision.
When the proposed use of a property meets those required standards, a variance allows projects that are beneficial to the property owner, the abutters, and the whole town.
My hope is that as regular member of the ZBA, I can use my experience and training to help the ZBA identify the issues presented by an application, and then apply the relevant facts to the required standard.
I also will work to ensure that everyone who is interested in an application understands how the board’s procedures work.
I will work to make sure that every person who makes the effort to speak to the board knows that their ideas have been heard and considered.
Interestingly, when a board applies the standards correctly, and all the interested parties know that, and know that their voices have been heard, the ZBA’s decisions are less likely to be appealed and more likely to be upheld in any court challenge.
BUT, not all variances should be granted.
If the request just does not meet the standards, then it must be denied.
I have had previous experience on the ZBA– from 1980 to 1986. I left the ZBA when I became a member of the Board of Selectmen.
When I was practicing as an attorney, I represented applicants before ZBAs and Planning Boards in other towns, and I also represented abutters who objected to applications before these boards.
Over the course of 37 years in Windham, I have also been personally involved in several local land uses issues that affected my neighborhood.
I know how important the ZBA’s decisions are to both applicants and abutters.
I know how expensive it is for an abutter to appeal to correct a faulty ZBA decision.
And these appeals are also expensive to the taxpayers.
Variances can affect our property values, our businesses’ profitability, our quality of life, and the overall appearance of our town. I take this responsibility seriously.
If elected, I work work to ensure that ZBA decisions are based on the applicable standards.
I love this town.
It has given much to me and to my family.
I promise to work for the good of all the town’s residents.
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Our town is changing.
Some changes for the good, and some not so good.
Highway construction.
Increased traffic through town on Route 111.
New families moving in, older residents moving on (South)?
We have some attractive new businesses providing jobs and adding to our tax base.
Some of these changes- both good and bad- are out of our control.
But there are things we can control.
Reasonable, standards-based grant or denial of variances can allow for GOOD change.
Let’s make sure that’s what this town gets.
I ask for your vote on March 9.
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WHAT I WILL DO IN PREPARATION for a hearing
Read the file
Read the ordinance
Research applicable case law.
Any state statues
Any state agency materials
Any federal law
Drive by the site.
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In order to grant a variance, the ZBA must find:
(1) The variance will not be contrary to the public interest;
(2) the spirit of the ordinance is observed;
(3) Substantial justice is done;
(4) The values of the surrounding properties are not diminished; and
(5) Literal enforcement of the provisions of the ordinance would result in an unnecessary hardship. (See RSA 674:33.)
The unnecessary hardship criteria are further spelled out in the statute.
New Hampshire Supreme Court cases give the ZBA further guidance.
The ZBA must apply the specific facts of each case to these criteria.
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The ZBA has been described as a safety valve that allows for situations where the zoning ordinance unreasonably restricts development of a property. In those cases, a variance is the safety valve that allows a release from the unreasonable pressure of the ordinance.
Although the ZBA should provide that safety valve to be used in some circumstances, it should be careful to simply let off the unreasonable pressure, not ever kicking a huge hole in the ordinance and defeating its purpose!
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Instead of denying a request for a variance, there is another option that the ZBA can use, one that has seldom been used in recent years.
The ZBA can grant a variance – but for something less than what was requested.
For example, perhaps a new 3 story building on a non-conforming lot would block a water view of an abutter, thereby diminishing the value of the abutter’s property. A variance to construct that building would have to be denied.
But perhaps a 2 story building, with a specified height that would not block the abutters view, would meet all the criteria for a variance.
The board could grant a variance on the condition that the building not exceed that height.
