Board of Adjustment
The Board of Adjustment (BOA) reviews variances due to hardship that is brought on by meeting the regulations of the Zoning Ordinance. A variance is a requested deviation from the set of rules a municipality applies to a zoning ordinance, building code or municipal code. To grant a variance, the BOA must make the following four findings:
- Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district.
- Literal interpretation of the provisions of the Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the Ordinance.
- Special conditions and circumstances do not result from the actions of the applicant.
- Granting the variance requested will not confer on the applicant any special privilege that is denied by the Ordinance to other lands, structures or buildings in the same district.
The BOA reviews appeals to decisions made by the town planner or other administrative officials in the carrying out or enforcement of any provision of the ordinance.
- Hearings before the BOA are quasi-judicial in nature.
- Decisions of the Board are based on the record of the proceedings.
- To grant a variance requires a concurrent vote of four-fifths of the members of the Board. To reverse or modify the determination of an administration official requires a majority vote of the Board.
- Evidence submitted to the Board for review becomes part of the record.
- Appeals must be filed within thirty (30) days from the filing date of the Board's Order.
Five members and two alternates serve three-year terms and are appointed by Town Council. Requires Town residency.