2023 Land Use Law Conference Workshop (ZBA)
Program Agenda
9:00 am – Introduction
9:05 am – 10:20 am - The ZBA in NH
This session will provide a detailed look at the statutory responsibilities of the ZBA including appeals of administrative decisions, equitable waivers, special exceptions, and variances. This session will also provide an in-depth discussion of how the case law interprets the five variance criteria. Time will be devoted to participant questions.
Chris Boldt, Esquire, DTC Lawyers
10:20 am – 10:30 am - Morning Break
10:30am – 12:00 pm - ZBA Decision Making Process
All land use decisions involve someone’s constitutionally protected property rights. As a result, the ZBA’s decision-making process is as important as the substance. In addition, the procedural requirements for the ZBA have changed in the past year in ways that affect virtually every decision these boards make. This session will walk through the process from application to hearing, from decision to appeal, and highlight common pitfalls and new legal requirements.
C. Christine (Fillmore) Johnston, Esquire, DrummondWoodsum
Cordell Johnston, Attorney at Law
12:00 pm – 1:00 pm - Lunch
1:00 pm – 2:00 pm - Zoning Board of Adjustment - Conflicts of Interest
This session will explore the basics of understanding and avoiding conflicts of interest. We will look at some of the statutory requirements regarding potential areas of conflict, as well as some land use board specific regulations. We will discuss the difference between legislative and quasi-judicial decisions and how conflicts can affect the decision-making process. Finally, we will look at some case studies showing how the courts have handled conflicts of interest.
Jonathan Cowal, Municipal Services Counsel, NH Municipal Association
2:00 pm – 2:10 pm - Afternoon Break
2:10 pm – 3:30 pm - Building Official/Code Enforcement Officer/ZBA Member Panel Discussion
A panel discussion by local code enforcement officials/building inspectors/municipal planners/land use administrators on all matters related to interpreting and enforcing local zoning ordinances and managing decision making on building permit applications and administering applications for zoning relief submitted to the ZBA.
Audrey Cline, CBO, CEO, Zoning Administrator, Town of Durham
David LeFevre, Esquire, Tarbell & Brodich
Jonathan Cowal, Municipal Services Counsel, NH Municipal Association
