02/05/2018 Minutes - Laserfiche WebLink

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The Board may go into executive session only upon compliance with law. Artecle III - Conduct of Hearing & Decision Section 1 - Annearances Every applicant and property owner shall appear before the BZBA to present his or her application, unless excused by the BZBA, in its discretion, for good cause shown. Any person may be represented by legal counsel before the BZBA. Representation by legal counsel is not a substitute for the required appearance by the applicant and the property owner. The failure to appear in general or an unexcused absence by the applicant and the property owner at the BZBA hearing may result in the application being tabled. An applicant may present the testimony of an architect, building contractor or other professional not in attendance, provided that the applicant presents to the BZBA that the applicant has the authority and consent to present such evidence. Whenever the applicant is not the property owner (for example, a tenant or a developer), the property owner's prior consent to the development proposal and variance must be confirmed in writing and filed with the application. The failure to timely file such consent may result in the matter not being placed on the docket of the BZBA until such consent is on file. This requirement is in addition to the required appearance of the owner at the BZBA hearing. Section 2 - Testimonv The witness whose testimony may be desired at any hearing before the BZBA shall testify orally, under oath, unless the BZBA, for good cause shown, deems it proper in special cases that written evidence, under affidavit or otherwise, be submitted. Relevant testimony which is not cumulative or hearsay will be received. An applicant, the City and all interested parties are entitled to be heard by the BZBA, present evidence and to cross examine the opposing witnesses. Signed but unverified petitions and correspondence may be rejected by the Board. The Board shall reject and shall not consider any unsigned or anonymous petition, statement or correspondence. Section 3 - Evidence The record before the BZBA shall contain any and all forms, filings, correspondence, site plans or other submittals to the Building Department regarding the project or street file for which a request is submitted. It shall also include minutes or a preliminary draft of minutes from the Planning and Design Commission which relate to said project or request. Copies of such records and other submissions, from the applicant or the City departments, shall be delivered to Board members five (5) days prior to the scheduled meeting. In the event that new or revised documentation is submitted at the scheduled meeting, the Board may but is not required to consider such new or revised information and may but is not required to table the mater to a date certain to give it due consideration. 4