Although the two boards [Planning Board – Zoning Board of Appeals] operate under different rules, have jurisdiction in different ways and have different people, they do have one fundamental thing in common.
They have to render decisions based on the merits of the application.
And every application is different.
Every now and then an application is received that seems to attract the interest of a neighbor, or the neighborhood in general.
It is rare an application draws enough attention for people to come to the public hearing and express their objection.
It’s even rarer people come to the public hearing in favor of an application. That’s human nature.
Public hearings are designed to give the public the ability to voice their support or concerns.
The boards will listen to all comments, written or otherwise, and then continue with deliberation as required.
The neighborhood’s objection or support is not, and should not, be determinative of the board’s decision by itself.
Either board must make a decision based on the merits of the case and on the procedural requirements by law.
To approve or deny an application based on the wishes of a neighbor or neighborhood may not necessarily meet those standards.
When an application is received in the code office for any project that does not meet the strict criteria of the zoning ordinance, a clear understanding of the facts for that site must be understood.
Where are existing and proposed structures? Is that information based on a survey? Are all dimensions shown accurately?
Is the proposed work closer, the same or farther away from property lines than the existing structures? Are septic systems involved? Have parking requirements been met?
Is the application filled out correctly? Does the board have the information to render a decision?
Most people have never approached any kind of municipal board, so the process can be intimidating, at best.
This code office tries at great length to assist the applicant in understanding the entire process.
Ultimately, this process helps the board by providing good, competent information. There may be other agency involvement as well.
We try to advise the applicant as to what kind of questions are likely to be asked by the board. This way they can be better prepared.
This process has happened time and time again, hundreds of times.
We are an advocate of the applicant to the degree we can be… helping them understand the process and the types of questions either board may ask.
It has been perceived that when this office assists an applicant with their application, we are actually aiding and abetting them as well, that we are on their side, that our assistance may be seen as inappropriate or trying to influence the board’s decision, or that this office is trying to defeat neighborhood opposition.
The same could be said if we just hand someone an application to the board and simply say nothing, you are on your own, figure it out.
That does not help the applicant or the board.
We ask for professional, competent information and submittals; thus giving the board the best information possible to help them in their decision making process.
It works both ways.
Why waste the board’s time with a poorly contrived application package, lacking the information they need to properly assess the case?
Many times our interactions with an applicant create a redesign of the project in a different way.
This often eliminates the need to go to the board in the first place. That’s what it’s all about, voluntary compliance.
Our objective has been, and will continue to be, to make the applicant aware of how either board functions, the standard questions they will ask, what type of submittals are needed and how best to present everything in way that is understandable.
That’s it.
But at least we sent the applicant to the board in a way that does not waste the board’s time and with a better understanding of why the board works the way it does.
As for the merits of an approval, an approval with conditions or a denial, that all depends on the merits of the case as determined by the board members.
The code office does not take sides. We are an advocate of the process, helping everyone to understand it as much as possible.
That applies to the applicant or the board.