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Home My WebLink About1990-10-16 ry ... 7:0:: ,~ U--:;;I;'~....-:-r~J ,--.-- - - ----~~ ~ rrr~ CLA-L l(~ Ir ~~Y-o k~ .~ ~;c~ . waUtJ-. o-v ... ~ 2&14 . a . ~~ i\ . ... Meeting of the Zoning Board of Appeals, October 16,1990 at 1:00 p.m. in the Selectmen's Hearing Room, Town and County Building, Nantucket, MA 02554. The meeting was called to order by Chairman Williams at 1:11 p.m. The Board consists of Dale waine, Marshall Beale, Robert Leichter, and Michael O'Mara. Zoning Board Administrator, Spencer Cowan, Esq. handed out the Zoning Board of Appeals By-Laws to each member of the Board who was present. The By-Laws consisted of 17 Articles, each covering a specific topic. The topics covered were as follows: Article I Name Article II Object Article III Definitions Article IV Members Article V Officers Article VI Election of Officers Article VII Special Elections, Vacancies in Offices Article VIIXssocRatasion of Selection of Article IX Amendment of By-Laws Article X Parliamentary Authority Article XI Meetings Article XII Vacancies Article XIII - Presiding at Meetings Article XIV Duties and Powers of Chairman Article XV Duties and Powers of Vice- Chairman Article XVI Duties of Clerk Article XVII - Zoning Board Administrator Spencer Cowan said that the lack of By-Laws and lack of rules of procedure have caused problems for the Board. He gave a brief summary of the Articles and defined the Board as consisting of 5 voting members, officers specified under Town Code to be elected annually. Mr. Cowan talked about the Rotation of Selection of Associates in an effort to expand involvement and as a guard against favoritism. The Articles do allow for the amendment of the By-Laws under certain circumstances with a vote of three members if the amendment is submitted at the prior regular meeting in writing. This gives the Board members enough time to review the amendment, discuss it, evaluate it, and make note of the scheduled meeting that the amendment will be voted upon. In discussing the role of Chairman, Mr. Cowan said that the Chair may select an Alternate if there is a vacancy. The purpose of a 5 person Board is to avoid the one person veto of an application. with a 5 person Board, a 4 to 1 vote carries. Article XII states that no "full or Associate Member shall be compelled to sit as a voting member on any matter." Under Article XIV 'Duties and Powers of Chairman', the Chairman basically has the responsibility of all running of the Board. He or she has the authority to delegate authority to the Vice-Chairman. The Vice-Chairman serves as the Chairman pro tem in the event of temporary disability of the Chairman. the Clerk is Meeting of the Board of Appeals, October 16,1990 at 1:00 p.m. responsible for the official records of the Board. Mr. Cowan went on to say that in Article XVII, 'Zoning Board Administrator', he had included that he was currently holding that position because in the Zoning By-Law it stated that the Administrator should be named. Chairman Williams asked about Article XI, 'Meetings', and said she did not want it in the By-Laws that they were compelled to meet once a month. She suggested that the meeting be held in relation to the number of applications. Bill Sherman suggested that the Article read, " The Board shall hold a meeting timely for the hearing and action on applications." The second sentence would omit the word, "Special", and the word,"may", to read, "Meetings of the Board shall be called in the manner specified in the Code of the Town of Nantucket, as amended, and / or Massachusetts General Laws, as amended." Dale Waine said that he didn't want anything in the By-Laws that said that an Alternate could not sit more than once. Article XII was altered to read in ;the last sentence, "No full or Associate Member shall be compelled to sit as a Voting Member on any matter." Article IX was rewritten to say in the first sentence, "These By-Laws may only be amended at a meeting of the Board by the affirmative vote of three (3) Voting Members provided the amendment has been submitted in writing at the previous meeting of the Board; in all other cases, any amendment to the By-Laws shall require the affirmative vote of four (4) Voting Members." Vice-Chairman Sherman asked about Article X , Parliamentary Authority" and it was revised to read "The Rules contained in the current edition of Robert's Rules of Order Newly Revised shall govern the Board in all cases to which they are applicable and in which they are not in consistent with these By- Laws." There was discussion of Article XIV, 'Duties and Powers of Chairman' and a change in the 12th line, second sentence to read, "In accordance with these and other applicable rules, the Chairman shall decide all points of procedure or order, shall maintain order and decorum, may administer oaths to witnesses, or may arrange for such oaths to be administered, shall select Associate Members to sit as Voting Members, shall direct the official business of the Board, shall supervise the work of the Zoning Board Administrator as it relates to the affairs of the Board, may request needed assistance, shall exercise general disciplinary power, shall represent the Board in all legal and / or administrative affairs, shall ensure that proper decisions are prepared and timelY filed, and shall perform such other functions as may be required by law, ordinance or otherwise directed by the Board." A discussion followed on whether or not to publish the By-Laws in a local paper. Mr. Cowan said that if the By-Laws have an impact on the applicants and State Statutes require a public hearing on the adoption of them. He didn't feel the By-Laws affected the way an applicant looked at the Board and he did not want to publish something that had to be amended. If they were to be published, the Board needs to agree completely on the text. Vice-Chairman 2 Meeting of the Board of Appeals, October 16,1990 at 1:00 p.m. Sherman wanted the By-Laws published. He said that if the chairman did not appoint a 5th Associate Member, the applicant might force the Board to live by the By-Laws. Dale Waine disagreed and did not want them published. Chairman Williams said the By-Laws were not an applicant requirement and she did not want them published. In discussing Article IV, Mr. Cowan said that in some cases the applicant will draft decisions but that he was not in favor of this. The Board puts many conditions on Special Permits that an applicant might not be familiar with. In the job description of the Chairman, it states that he/ she will "ensure that proper decisions are prepared and timely filed". Mr. Cowan added that when Mr. Sherman was Chairman, he did a great deal of revision and critiquing. Vice-Chairman Sherman said that, although he had done so in the past, he did not feel that the Chairman should have the burden of drafting proper decisions. Chairman Williams made a motion that the By-Laws could be amended with or without notice. Vice-Chairman Sherman asked why the Board was not going for a majority. Mr. Waine asked what would prevent someone from coming up to the Board and saying that they want to change the By-Laws? Vice-Chairman Sherman motioned to amend Chairman Williams' motion and ratify Article IX requiring written notice and an affirmative vote of 3 voting Members to amend the By- Laws or in all other cases, an amendment to the By-Laws shall require the affirmative vote of 4 voting Members. Linda Williams seconded. All voted in favor. There being no further business before the Board, the Board unanimously voted to adjourn at 2:37 p.m. Linda Williams, Chairman ZONING BOARD OF APPEALS 3