To the Editor;
Rochester Zoning Board of Appeals Clarification. Based on some recent postings, it is clear that there is a misunderstanding of the role of the Zoning Board of Appeals (ZBA.) The ZBA is made up of un-paid individuals appointed by the Select Board. The current members of the ZBA are all professionals including engineers and attorneys.
The ZBA is allowed to offer relief from the town’s zoning bylaws in the form of Special Permits and Variances provided these reliefs do not violate state laws. The ZBA is required to make sure certain conditions are met before any relief can be considered. It is up to applicant to make the case. Hearings are public with all parties given an opportunity to speak in favor or against a petition. The ZBA may include stipulations in a decision to address specific concerns. In other matters, the ZBA will hold public hearings if a party disagrees with decisions made by the Zoning Enforcement Office (Building Inspector) or the Planning Board.
The ZBA does not, and can not, enforce zoning by-laws or decisions made by the ZBA. This would be a conflict of interest. The Zoning Enforcement Officer can enforce by-laws independent of complaints from individuals. Individuals that want the Zoning Enforcement Officer to look into possible zoning violations must submit a signed letter outlining what is believed to be the violation. The Zoning Enforcement Office is required to report findings in writing. Again, if any party disagrees with these findings, they can file an appeal with the ZBA and a public hearing will be held.
There are some variations in the way zoning enforcement and a ZBA may operate from town to town, but the essentials are the same. Rochester’s Building Department is presently in transition with new personnel, but will work to provide guidance to those with questions.
Richard Cutler
Rochester ZBA member
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