Vote for Betty Dunn

Letter to all Windham Voters

I am running for election to the Zoning Board of Adjustment (ZBA) and I ask for your vote on Tuesday, March 9.

What does the ZBA do? And why should you care about the ZBA’s decisions?

The ZBA considers and votes on requests for variances (exceptions) from the terms of the zoning ordinance. The board also votes on appeals of administrative decisions related to zoning, on requests for special exceptions as described in the ordinance, and on requests for equitable waivers from setback requirements.

Every applicant before the board, every abutter to a proposed project, and every voter who voted on the applicable ordinance, should have confidence that the ZBA will decide each case according to the applicable standard. Not personal opinion. Not the prevailing politics. Not whether or not the decision will be appealed. Not whether or not the decision will be popular.

Variances are the most common matters to come before the board. In order to protect the constitutional rights of property owners and abutters, the state has established the standard by which the ZBA must decide variances. 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.

The cases that come before the ZBA are very important to the applicants who want to construct a home, put on an addition, or start a business. But these cases are also important to us all. The ZBA decisions affect our property values, our businesses’ profitability, and the appearance of our town.

If elected, I work to ensure that all ZBA decisions are based on the applicable standard. I will also work to make sure that every person who is involved in the process –applicant, abutter, or concerned resident- understands the process and knows that he/she has been heard.

If you have any questions about my candidacy, please send me an email at EADunn30@aol.com. I’d be happy answer directly. Please go to my website, www.bettydunn.com , to learn how my experience and training qualifies me for this position.

Elizabeth A. (Betty) Dunn

I am running for election to the Zoning Board of Adjustment (ZBA) and I ask for your vote on Tuesday, March 9.

Why am I running?  And why vote for me?  Because the combination of my experience and training makes me the candidate most able to assist the board in framing the issues to be decided and in applying the specific facts of each case to the standards required by law.

For those of you who don’t know me, 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.  I served on that board for over 9 years.  During 3 of those years, I studied the law and passed the bar.  I can truthfully say that I enjoyed being a law student.  One of the main reasons was that I kept having those “A-ha!” moments when I could see the reasoning behind the rules and procedures that I had been using as a member of the ZBA and the BoS.   I started my legal career practicing municipal law, often representing clients before land use boards.  I later went on to prosecuting criminal cases, first as an Assistant County Attorney and then as an Assistant Attorney General. I am now (mostly) retired.

In the fall of 2009, I volunteered to be an alternate for the ZBA, and I have served as an alternate since my appointment in December.

The cases that come before the ZBA are important to us all.  They are important to the applicants who hope to improve a home or establish a profitable business.  They are important to the abutters who want to ensure that their home values are protected.  They are important to all the residents of town who have voted on the zoning that they believed would be in the best interest of all residents in our town.  And it is important to all of us that that our ZBA decides cases fairly and legally.

My hope is that as regular member of the ZBA, I can use my experience to help identify the issues presented in each application and help apply the relevant facts to those issues.  I would also work to ensure that all applicants, abutters and residents understand board procedures and how the specific facts apply to standards used in making a decision.

In a letter for next week’s paper, I will write more specifically about responsibilities of the ZBA and criteria that must be used in deciding cases.

If you have any questions about my candidacy, please send me an email at EADunn30@aol.com.  I’d be happy answer directly or address the issue in future letters.

Elizabeth A. (Betty) Dunn