§ 310-7.02. Board practices.

A. 

Openness. All matters regarding the Zoning Board of Appeals should be discussed in an open meeting by and between the members. The members shall inform the Zoning Administrator of all discussions/meetings with other boards or departments, and the Zoning Administrator shall keep all members apprised of said discussions/meetings.

B. 

Recusal. Members should protect themselves from receiving information about a pending or upcoming application or appeal outside of a public hearing. Members who inadvertently receive such information should recuse themselves from the public hearing on the matter. Note, members who are also Town Meeting members are allowed to fully participate at Town Meeting in any Article that may have bearing on an application or appeal unless such participation would violate the procedural due process rights of an applicant or interested party. The Board or applicant may ask a member to recuse at the time of a hearing; however, ultimately it is the member's own decision whether or not to recuse. A refusal to recuse could lead to court intervention, including an injunction or appeal.

C. 

Preparation. Members should take all appropriate steps to be prepared for public hearings, including but not limited to:

[Amended 3-5-2016]

(1) 

Review of all application files and documents prior to the public hearing;

(2) 

View sites; and

(3) 

Discuss applications and appeals with the Zoning Administrator.

Should a regular member feel unprepared for a particular public hearing, she or he should ask the Chair to appoint an associate member.