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Brookline ZBA Grants Rehearing on Permit Appeal for Lot D40; Alternate Appointed
Summary
The Brookline Zoning Board of Adjustment granted a Select Board request for a rehearing of its earlier decision that reversed an administrative denial of a building permit for Lot D40 (224 Route 13). The board appointed Marsha as an alternate and agreed to seek town counsel before the rehearing, which members discussed scheduling for early July.
The Brookline Zoning Board of Adjustment voted to grant a Select Board request for a rehearing in case 470, an appeal of the building inspector’s denial of a permit for a proposed duplex at Lot D40, 224 Route 13. Chair (speaker 1) read the Select Board’s letter asking the ZBA to revisit its prior findings and announced that rehearing had been granted.
The Select Board’s letter, read into the record by the Chair, questions whether Lot D40 qualifies as a "lot of record" under the Brookline Zoning Ordinance and whether the parcel retained vested subdivision rights after a lot-line adjustment recorded in 1986. "While it's possible that the lot could still be considered a lot of record due to its pre-1968 existence, the substantial change in lot size raises questions," the Chair read from the Select Board submission.
Board members focused their discussion on three legal points raised by the Select Board: (1) whether the 1986 lot-line adjustment legally constituted a "subdivision," (2) whether there was "active and substantial completion" of development to vest rights under RSA 674:39, and (3) whether the lot met historical dimensional thresholds referenced in the ordinance. One member said the board’s prior minutes and findings did not adequately address "substantial completion," creating sufficient doubt to justify rehearing; another defended the board’s earlier reliance on vesting and a combined-lot finding.
Chair moved to grant the rehearing and the motion carried. One member announced opposition on the record, and the Chair stated written notice and draft minutes would be available within five business days. The board discussed scheduling and settled on trying to hear the rehearing on July 1 if logistics and notice requirements allow; the related variance case remains set for July 8 unless counsel advises otherwise. The board also agreed that town counsel should attend or advise on the rehearing process.
Separately, during the meeting the board appointed Marsha as an alternate member. The Chair noted the appointee must be sworn in before participating on matters where she might vote.
The rehearing is procedural at this stage: the board granted the Select Board’s request to reconsider the earlier decision and must now (1) confirm scheduling and notice requirements and (2) determine whether additional legal briefing or town counsel presence is necessary. The ZBA closed the business meeting after taking the rehearing vote and reviewing draft minutes; members requested corrections to the prior minutes before final sign-off.
Actions recorded at the meeting included the appointment of an alternate and the granting of a rehearing in case 470. The board recorded no public testimony at this business meeting; if the board orders a rehearing it will hold a noticed hearing that allows public input and will provide formal written notice to parties.
