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Plaistow ZBA questions whether Selectmen can appoint alternates, defers to counsel
Summary
Members of the Plaistow Zoning Board of Adjustment debated whether the Board of Selectmen has authority to appoint alternate members and whether a prospective alternate meets impartiality criteria. The Board reviewed state RSAs and agreed to seek legal counsel before acting.
The Town of Plaistow Zoning Board of Adjustment debated on June 25 whether the Board of Selectmen has authority to appoint alternate ZBA members and whether a prospective alternate meets eligibility standards.
Theresa Kane, a ZBA member, said the town previously voted to "sever the ties" with the BOS and argued that the Selectmen do not have authority to appoint alternates. Kane added she was concerned about impartiality and legal exposure, saying she thinks the BOS appointment is "null and void." Kane cited past campaign activity and a 2025 email referenced in the meeting as part of her concern about whether the candidate meets the juror-standard for impartiality.
Vice Chair Ryan Labrecque said that "whatever was done in the past was not necessarily right" and told the Board he saw two separate issues that could be disqualifying. Chair Michael Murray said one discussed individual's prior actions "were not taken as a member of the Board," drawing a distinction between private conduct and official capacity. Jason Orsini asked for further clarification about events involving the prior Board.
The Board reviewed citations to RSA 673:3, RSA 673:12 and RSA 673:6 during the discussion and agreed to have the town attorney review the appointment and recusal questions before making any appointment. No appointment was made at the meeting; the Board deferred action pending counsel's guidance.
