Quote:
Originally Posted by Weekend Pundit
Their applications weren't rejected four times, they were continued at the applicant's request. The applications weren't found incomplete until the ZBA meeting with the admonition about 2 continuances being the norm and the applicants having gotten 4 of them.
The real power for dealing with the project is with the Planning Board. The ZBA is not required to allow public input as all they're interested in is processing the Special Exception and Variances for the project according to the zoning ordinances and/or state laws.
However, the Planning Board is required to allow public input. Both proponents and opponents can address the Planning Board after the applicants make their presentation and PB members ask their questions. Then the Board will open the hearing to the public so they can express their opinions and concerns, and asking questions of both the Board and the applicants if they so desire. Once the public has had their say the PB will close the public hearing and move on to other applicants. Once all of them have been heard, the PB will discuss and vote on each application in turn. The Board can approve the application as is, approve it but with conditions that must be met before the Chairman signs off, rejected with suggested changes to be made before reapplication, or outright rejection.
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Thanks - I should have used the word "continued" instead of "rejected". However, I would argue that the ZBA continued the application at the February 1 meeting (not the applicant) due to incomplete plans. See minutes attached. The applicant agreed, but it was not a voluntary continuance by the applicant. And the applicant certainly didn't ask for a voluntary continuance at Thursday's meeting.
Although the Zoning board may not be required to allow public input (I'm not a lawyer, so I don't know if this is true or not), a cursory review of recent Alton Zoning Board Minutes shows that the Zoning Board typically opens the meetings to public input. Anyone can review minutes from prior ZBA meetings here:
https://www.alton.nh.gov/node/74 I've also attached the minutes from the December 2023 meeting showing the ZBA opening the meeting to public input on an unrelated case. The opposition was fully prepared to speak at Thursday's meeting, and I have no doubt that the ZBA would have allowed public input. We will be ready to speak in opposition to the Special Exception for a Commercial Function Facility in a RURAL Zone when they come back.