Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Board Ethics Recusal topic
No spam. Unsubscribe anytime.
Bartlett ZBA votes to send NHMA legal opinion to Select Board after membership concerns
Summary
The Bartlett Zoning Board of Adjustment on June 8 voted unanimously to send an NHMA attorney opinion to the Select Board after the Selectmen questioned whether a member serving on multiple land-use boards should participate in ZBA deliberations. The board also committed to send a cover letter and supporting documents.
The Bartlett Zoning Board of Adjustment voted unanimously June 8 to forward a legal opinion from the New Hampshire Municipal Association (NHMA) to the Select Board after members raised concerns about one person serving on multiple land-use boards.
The board’s chair, Julia King, said the ZBA has a responsibility to the town to hear requests for relief and disagreed that the Select Board can direct ZBA process. "I also do not see where the Select Board has any authority whatsoever to give instructions to the Zoning Board — I see that as a conflict of interest," King said.
Members reviewed an NHMA memo and earlier correspondence from the Selectmen. Vice Chair Steve Hempel said recusal can apply not only to voting but to participating in the discussion: "it is not only in relationship to a vote but also it is in the discussion of the matter." Scott Grant recalled past cases and described the ZBA as an independent, elected body that provides relief from zoning rules when appropriate.
Peter Gagne moved, seconded by Scott Grant, that the NHMA response prepared by attorney Jonathan Cowal be sent to the Select Board. The motion passed unanimously. The board then approved a separate motion — moved by Peter Pelletier and seconded by Scott Grant — directing the secretary to send the attorney materials to the Select Board along with a ZBA-approved cover letter. The motions passed with unanimous consent; there was no roll-call vote recorded in the minutes beyond the unanimous outcome.
The board discussed making NHMA guidance available as a reference in their handbook and agreed the secretary will include the attorney correspondence and a synopsis of relevant court cases with the response. The ZBA also noted it will continue offering applicants information about variance and special-exception options rather than directing applicants toward a particular choice.
The board is scheduled to meet next on July 13, 2026; members said they will cancel the meeting if there is no new business.
