Second Letter
February 25th, 2010Letter 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