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Meeting Minutes - ZBA

Zoning Board of Adjustment Meeting
Tuesday, September 29, 2015
7:00 P.M.
** See subsequent minutes for any changes
Members Present: Peter Fjeld, Chair, Donna Swinington, Jeff McDonough, Bill Shouldice
Others Present: Julie Delphia, Sandra Trombley, Secretary
Call to Order/Roll Call:
Meeting called to order at 7:58 p.m. by Chair and roll call.
Review Agenda:
Approval of Minutes of August 25, 2015:
Motion by Donna and second by Bill to approve minutes of August 25, 2015. All in favor. So approved.
New Business:
E-Court appeal was discussed in Planning Commission meeting with Jim Carroll.
Peter thinks that as part of a job description; during a probationary period when a Zoning Administrator begins, that if they issue a Notice of Violation they need to show it to the Selectboard and Town Attorney. Then it is the decision of the Selectboard to proceed. After a certain amount of time, the Selectboard may allow notices of violations to be issued and cc: the Town Attorney.
In the Planning Commission meeting Bill asked about a notice of violation and who should take action. Bill wanted Jim’s response in both minutes. His response is below.
Jim said statutorily, notices of violations are issued by the ZA. They can be issued without a great deal of expense. Most ZA’s that he works with like to have an attorney review the notice of violation to make sure it follows the Statute and that there has been some preliminary discussion when it’s getting served. Not all towns do that. The Selectboard gets involved when legal expense is started and an action is proceeding. ZA’s and PC’s don’t have budgetary authority.
Bill asked about enforcement.
Jim explained; one enforcement mechanism is a uniform municipal ticket and ZA’s have the authority to issue them, but there are very limited fines and no injunctive relief.  
The Notice of Violation is the more typical enforcement mechanism.
Peter said what they will recommend to the Selectboard is they should decide whether they want the Town’s attorney to review all violations as part of the job description.
Jim stated it takes coordination between the Zoning Administrator and the Selectboard for zoning violations. The DRB doesn’t get involved until later because they are the judges.
Bill asked what should happen if he gets a call about a possible violation.
Jim said Bill should tell them to call the Zoning Administrator. Bill should not talk to them about it.
Old Business: None
Public Comment: None
Motion by Jeff and second by Donna to adjourn ZBA meeting at 8:00 p.m. All in favor. So approved.
Respectfully submitted,
Sandra L. Trombley, Secretary