Plaistow ZBA to seek legal advice after dispute over alternate appointment and impartiality concerns

PLAISTOW

At its June 25 meeting the Plaistow Zoning Board of Adjustment debated whether the Board of Selectmen retained authority to appoint an alternate member and whether a prospective alternate's prior campaign activity created an appearance of bias that could disqualify them. The board agreed to seek legal counsel and revisit the matter after attorneys review the relevant statutes and the town's bylaws.

The dispute began when members raised that an application for an alternate was on the record but the applicant had not appeared; another application from Barb Berry had been withdrawn. Board discussion focused on whether the Selectmen still have appointing authority while some ZBA seats remain appointed and on whether prior campaigning by a board member or candidate undermines the quasi-judicial requirement of impartiality.

"I think it's null and void that the board of selectmen appointed him," said Teresa Cain, who read language from RSA provisions during the discussion and argued the appointment could be invalid because of the town vote and the candidate's public campaigning. Cain also said of the candidate: "He was under oath of office when he campaigned against the adoption of ordinances." Cain said that public campaigning while holding a board position could create grounds for appeals and legal exposure.

Other members disputed that the statutory language automatically disqualifies the candidate. Board members read and compared cited RSA sections (including RSA 673:12 and related paragraphs) aloud during the meeting and differed on interpretation. Michael Murray said he did not see where Selectmen still had authority and called for legal review; he later supported arranging counsel to clarify the process.

The board did not take a final vote on the appointment. Instead, members agreed to contact the town attorneys for a formal opinion and to arrange a private session (by phone or in person) with counsel to review whether the Selectmen's action was valid and whether the campaign activity would legally bar the candidate from serving. The board noted that such a counsel session would not be a public meeting when conducted as an attorney-client discussion or a phone consultation arranged through town counsel.

Administrative note: the board approved the previous meeting's minutes by voice vote, recorded as 4-0 in favor (Michael Murray, Ryan LeBreck, Jason Orsini, Teresa Cain). The appointment question and counsel's forthcoming opinion were identified as items to be revisited at a future meeting once legal guidance is received.

Next steps: the ZBA will request an opinion from its attorneys, schedule a consultation, and return to the matter on a subsequent agenda.