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Minutes of 4/11/2013 DRAFT
April 15th, 2013
TOWN OF CARROLL
ZONING BOARD OF ADJUSTMENT
MINUTES
April 11, 2013
DRAFT
Members present where: Chairman, Joan Karpf, Vice Chairman, Paul Bussiere, member, David Scalley and Alternate member, Linda Dowling
7:00 PM. A quorum being present, Chairman Karpf called the meeting to order.
The Pledge of Allegiance was recited.
Chairman Karpf congratulated Mr. Scalley on his election to the Zoning Board of Adjustment.
Minutes Review:
Minutes of July 12, 2012
Mr. Bussiere offered a motion of approve the Minutes of July 12, 2012. Chairman Karpf seconded the motion. The vote was 3 – 0 – 1. The motion carrier.
Communications and Miscellaneous:
Chairman Karpf read the letter of resignation from David Ikasalo.
Chairman Karpf offered a motion to accept Mr. Ikasalo’s resignation from the Zoning Board of Adjustment with regret. Mr. Scalley seconded the motion. The vote was 4 – 0. The motion carries.
The Board asked the Secretary to send Mr. Ikasalo a letter notifying him that the Board accepted his resignation
Page 2 of 4
Zoning Board of Adjustment
April 11, 2013
Election of Officers
After some discussion;
Chairman Karpf offered a motion to nominate Mr. Bussiere as Chairman of the Zoning Board of Adjustment. Mr. Scalley seconded the motion. The vote was 3 – 0 – 1. The motion carriers.
Ms. Karpf offered a motion to nominate Mr. Scalley as Vice Chairman of the Zoning Board of Adjustment. Mr. Bussiere seconded the motion. The vote was 4 – 0. The motion carries.
Rules of Procedure Amendments
Discussion took place regarding the following amendments;
Amendment to Zoning Board of Adjustment Rules of Procedure
Amendment #1., under:
MEETINGS
5. In the event the date for submission of an application has passed and no new business is to come before the Board, but during the previous meeting the Board ruled on an application and a Notice of Decision was generated, the Board shall meet at a time and day convenient to support a quorum, to address the minutes of the previous meeting in which a decision was reached. This meeting shall be posted per RSA 91-A and all other statutory requirements shall be met.
Amendment #2, under
AMENDMENTS
While these Rules of Procedure may be amended during the year, the amendment will be noted at the end of the document until the Board reviews and updates these Rules of Procedure. This annual review and updating process shall begin in April after the Officers are voted. After the Rules and Procedures are reviewed and approved incorporating the amendments, the amendments shall become part of the document.
Page 3 of 4
Zoning Board of Adjustment
April 11, 2013
It was noted that these amendments must be discussed at two consecutive meetings and at the second meeting, a vote shall be taken to include the amendments in the Rules of Procedure.
These amendments will be on the agenda of the next meeting.
OEP Conference
It was noted that the OEP Conference will take place on May 11, 2013 in Manchester. The Town will pay for the members to attend. It was strongly suggested that the members attend if possible.
Applications
Ms. Karpf suggested that as a result of the Law Lecture, the ZBA add on its applications, that the appeal time of a ZBA decision is 30 days from the date of the vote on a case. The applicant appealing must present new information to the ZBA for the Board to hear an appeal. If the applicant is not satisfied with the Board’s action on appeal or the request to hear an appeal, he has 30 days from the vote on the appeal or request, to take his case to the Superior Court.
Ms. Karpf also suggested that a statement that the applicant make themselves aware of the appeal process, be added to the application,
After discussion;
Mr. Scalley offered a motion to make the two additions to the applications. Chairman Bussiere seconded the motion. The vote was 4 – 0. The motion carries
Mr. Scalley questioned the last sentence in the Rules of Procedure under number 2, regarding secret ballot votes. It was clarified that per LGC advice, secret ballot votes could not be taken by the Board. The sentence in question should be deleted from the Rules of Procedure.
Mr. Scalley offered a motion to delete the sentence regarding secret ballot voting from the Rules of Procedure. Ms. Karpf seconded the motion. The vote was 4 – 0. The motion carries.
Page 4 of 4
Zoning Board of Adjustment
April 11, 2013
Mr. Scalley asked for clarification on the e-mail the Secretary sent regarding e-mails between Board members. The Secretary said it has been the advice of LGC that Board members “discussing” electronically, ZBA business among themselves, was not permitted by RSA. Mr. Scalley asked for the RSA and the Secretary will send him the information.
Mr. Scalley also asked the Secretary what she meant by “My Board” in her e-mail. The Secretary responded by explaining that when she was hired as secretary, she “took ownership” of the Board, in that she will make sure the members are as informed on the matters before them as she can make them and that they have as much information that she can give them in order make their decisions.
Ms. Karpf offered a motion to adjourn. Mr. Scalley seconded the motion. The vote was 4 – 0. The motion carries.
7:30 PM Chairman Bussiere adjourned the meeting.
Respectfully submitted,
Linda J. Dowling
Secretary
Carroll Zoning Board of Adjustment