Zoning board of review – authority and duties

A. The zoning board of review shall have the following authority and duties:

1. To grant variances in the application of the terms of this Title.

2. To approve special use permits.

3. To hear and decide appeals from decisions of the zoning enforcement officer or any other town official charged with the enforcement or interpretation of this Title.

4. To issue conditional approvals of variances and special use permits when a proposed use also requires an approval from a state or federal agency and that approval has not yet been issued. A decision granting a conditional zoning approval shall include the date on which the approval will expire if the state or federal approval has not been issued.

5. To refer matters to the town planner, the planning board, the conservation commission, or any other town official, department or body for findings and recommendations.

B.  When granting a variance or special use permit or making any other determination within its authority, the zoning board of review may impose conditions necessary to promote the intent of the comprehensive plan and this Title. The conditions shall be based on competent credible evidence in the record and shall be included in the written decision. Failure to abide by any condition shall be considered a violation of this Title. The conditions may include provisions concerning:

1. The type, intensity, design, and performance of uses in order to minimize an adverse impact of the use on other land;

2. The sequence of development, including dates for commencement and completion;

3. The duration of a use or development, including the time within which a temporary structure must be removed;

4. Satisfactory installation and maintenance of required public improvements;

5. The exact location and nature of the use or development; and

6. Submission of drawings, maps, plans, or specifications, including as-built drawings, to establish a detailed record of the development.

C.  The zoning board of review shall be required to vote as follows:

1. Four members must hear and vote on each application or appeal. No more than five members shall vote. If a member cannot hear and vote on an application or appeal because of a conflict of interest, that member shall recuse himself or herself and shall not participate in the hearing or vote.

2. The concurring votes of a majority of the voting members is required to reverse any order, requirement, decision, or determination by the zoning enforcement officer or any other town official.

3. The concurring votes of a majority of the voting members is required to approve an application for a variance or a special use permit.

(Ord. dated 4-1-14; Ord. dated 1-3-23)