ZONING BOARD OF ADJUSTMENT
CHECKLIST
THE
FOLLOWING MAY BE HELPFUL IN YOUR PRESENTATION
TO
THE ZONING BOARD OF ADJUSTMENT:
In seeking
relief from the existing regulations established by the Municipal Land Use
ordinance, you must tell the Board what it is you are requesting, and you must
present evidence to enable the Board to make a determination that you are
entitled to the relief requested. This process, by law, is in the nature of a
judicial hearing, and accordingly, your cooperation and respect will be
appreciated. Any questions you may have during the hearing may be addressed to
the Chair or the Board’s attorney.
It is your
burden to meet the legal criteria for entitlement to the relief you are
seeking. Please note that the criteria will change depending on the variance
type you are requesting. In general, you will be requested to prove the
“positive reasons” for granting your application, as well as the “negative
reasons”, that granting will not be substantially detrimental to the public
good nor to the intent of the zoning plan and ordinance.
All testimony
is presented under oath. An electronic recording is made as a record of these
proceedings, so please speak into the microphone. You may present a brief
description of the nature of your application and then you are to present
whatever testimony, witnesses and exhibits you wish the Board to consider. The
Board members may ask questions of you and your witnesses. Other persons,
including members of the public, also have the right to ask questions, make
statements or present testimony for the Board’s consideration. The applicant
has the right to cross examine anyone who testifies including the board
professionals and members of the public.
Upon
completion of the testimony and related questions, the Board will close the
public portion of the hearing and enter a deliberative session during which
there will be no further testimony or argument unless the Board directs it. The
deliberation and decision of the Board will take place in public. To confirm a
decision taken by vote of the Board, a formal resolution will be prepared by
the Board attorney for memorialization at the next regular meeting, which
concludes the Board’s action at that time.