Recently the Milton Board of Adjustment held a hearing to determine if a property located in town and in an R1 zoning district was being illegally used as a two-family dwelling. The board’s official written decision has not been issued yet, but the board verbally voted to approve the continued use of the property as a legal nonconforming use. I believe it’s important to write this opinion piece to uphold the public’s confidence in the integrity of our local board of adjustment. I am writing solely in my own capacity as an individual board member.
This was a complicated case going back 150 years with multiple owners and many odd nuances. The board conducted two hearings, one lasting five-and-a-half hours. After reviewing the applicable laws and considering extensive testimony, case law, and over 100 pages of documentary evidence, the board reached the unanimous conclusion that the property was a preexisting nonconforming use, two-family dwelling, and that the preexisting use was never abandoned.
As board members we are charged with understanding the facts and the applicable laws to the best of our ability, and then applying that law to the particular case. On top of that, we are charged to do all this in an unbiased and fair way. The facts and the law are what guided us, not our personal preferences. When we applied the facts to the law, we came to the unanimous conclusion that this property had legal basis to continue its use as a two-family dwelling. This was not a capricious decision pulled out of a hat.
The transcript and evidence, and the board’s written decision when it is issued are matters of public record available for review by anyone. If you have any questions, read the entire transcript and review all the evidence we heard and saw. Board decisions may be appealed to the Superior Court if any party so chooses.
Let me assure everyone that the board’s determination in this case was based solely on identifying and understanding the law and then applying it to the facts presented without bias or personal preference. I personally serve because I love this town and want to do my part in upholding our town’s laws on the issues that come before us. I believe the same is true of all my fellow board members.
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