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Bartlett ZBA discusses whether variances are recorded with deeds and how decisions should be published
Summary
ZBA members on June 8 discussed how variances and special exceptions are recorded and whether posting minutes online satisfies publication rules. The clerk will research whether variances should be recorded at the Carroll County Registry of Deeds and whether newspaper publication is required.
At its June 8 meeting the Bartlett Zoning Board of Adjustment discussed whether standard variances and special exceptions are recorded in the Carroll County Registry of Deeds and how the board should publish decisions.
Vice Chair Steve Hempel described a case where a variance granted to a prior owner persisted when the property changed hands and said municipal practice typically keeps variance approvals in local files rather than on the deed. Citing an online source, Hempel said: "standard zoning variances do not typically get registered directly with your property’s deed" but noted that some conditional approvals (for example floodplain or accessory dwelling unit conditions) may require a recorded notice or deed restriction.
The secretary told the board she would research how other towns handle filing variances and special exceptions and whether municipal posting meets legal publication requirements. Julia King said the ZBA's minutes are a legal record but expressed a preference that decisions also be published in the newspaper to reach residents who do not use online media.
The board did not adopt a formal change to recording practices at the meeting; instead, members asked the clerk to report back with examples and mechanisms used in other municipalities. The board adjourned at 6:37 p.m.
