ZBA Sets Fixed Monthly Schedule Amid Sharp Rise in Home Expansion Denials
Key Points
- Standing monthly meetings set for second Thursdays at 7:00 PM starting in December
- Building Commissioner anticipates surge in denials for non-conforming structure modifications
- Board authorizes electronic signatures to expedite official zoning decisions
- Members opt to continue Zoom meetings with hybrid flexibility for complex cases
- Introduction of new Town Counsel specializing in municipal land use and permitting
Seeking to bring order to a mounting caseload, the Milton Zoning Board of Appeals finalized a shift to a standing monthly meeting schedule during their November session. The board, which has operated on an ad-hoc basis for years, established that members will now convene on the second Thursday of every month at 7:00 PM. Chair Kathleen O'Donnell noted the necessity of the change, observing that the board has handled hovering around a hundred different applications
recently and that a fixed date would provide much-needed consistency for both residents and legal counsel.
The move comes as the Building Department warns of a significant spike in zoning enforcement actions. Bill Donnelly of the Building Department informed the board that the Building Commissioner has been issuing an influx of denials based on the intensification of non-conforming structures.
According to Donnelly, at least a dozen such denials are expected in the coming week alone, as homeowners increasingly seek to modify properties that do not meet current zoning dimensions. Donnelly noted that the commissioner would like to discuss seeing if they can open up the bylaw to deal with it on that level,
but until then, the board should prepare for a heavy winter docket.
Chair O'Donnell detailed her current "triage" process for the newer members of the board, explaining how she reviews applications to determine which require the full three-person board versus those that can be handled through more routine administrative paths. If there's something that I would not feel comfortable deciding or knowing that I would turn it down, I send it back to a three person board because I figured that way it's better that people can talk amongst themselves,
O'Donnell said, adding that she aims to write decisions within two weeks of a hearing.
The board also grappled with the future of their meeting format, weighing the convenience of remote sessions against the accessibility of in-person gatherings. While the board has met via Zoom for five years, O'Donnell shared a recent incident where a neighbor struggled to participate digitally. Member Theodore Daiber suggested that Zoom remains effective for the vast majority of cases, noting Zoom seems to be working 95% of the time.
However, member Nicholas Gray raised concerns about the town's older population, stating, I wonder whether, particularly for elderly people... it might discourage them from trying to make any comments or have any input on the hearings.
The board ultimately decided to remain primarily on Zoom while offering hybrid options when requested for complex or controversial cases.
To further modernize operations, the board moved to authorize the use of electronic signatures for official decisions to prevent delays in filing with the Registry of Deeds. Donnelly noted that the department is currently working to secure funding within the office budget for software like DocuSign, which was previously paid for by a former staff member. Motion Made by K. O'Donnell to authorize the use of electronic signatures. Motion Passed (3-0).
The meeting also served as an introduction for the board's new legal representation from Public Law. Alex, the new Town Counsel, noted that his firm represents municipalities across the Commonwealth from Pittsfield to Provincetown,
with a specific focus on land use, mitigation, and permitting. Following the operational updates, the board solidified their upcoming calendar. Motion Made by K. O'Donnell to establish a standing meeting on the second Thursday of each month at 7:00 PM, beginning December 11th. Motion Passed (3-0).