Should Alton zoning board be elected?

Lingering bad blood between the Board of Selectmen and the Zoning Board of Adjustment (ZBA) over the Bob Bahre affair has apparently led to an effort to change the way ZBA members gain their seats. As in most towns, zoning board members here have always been appointed by the Selectboard. But if backers of a petitioned warrant article have their way, voters will directly elect the members of the board.

Either approach is permitted by sate law.

In September, a Selectboard majority was horrified when the zoning board voted to overturn a ruling of the code enforcement officer that prevented Bahre, owner of New Hampshire International Speedway in Loudon, building a 520,000-square-foot building on the lot next to his lakefront mansion. Bahre intends to use the structure to house his private collection of some 70 vintage automobiles, as well as provide space for entertainment of guests and an apartment for the caretaker of his cars.

The selectmen asked ZBA members to rethink their positions and the whole affair played out over several bloody months. In the end, the zoning board, by a vote of 3-2, voted to stick to its guns and the Board of Selectmen is now expected to seek to have that decision overturned in Belknap County Superior Court. The Selectboard already filed one, more narrowly defined, suit against the ZBA in November.

After ZBA Chairman Richard Quindley and member Charles Westen resigned last fall, the selectmen appointed two replacements. Shortly thereafter, ZBA member Keith Chamberlain accused the selectmen of trying to "pack" the zoning board with people who would vote their way on the Bahre issue. “People need to hear what’s goingon in this town between the Board of Selectmen and the ZBA,” Chamberlain said at a public meeting.

Last week, Chamberlain is said to have stormed out of a ZBA meeting when other members of his board suggested that he needed to “tone down” his behavior and begin treating Acting Chairman Marcella Perry more respectfully. During the many hours of public meetings that were held on the Bahre case, Chamberlain did nothing to hide his obvious contempt for the job Perry did while officiating the proceedings.

Given all that it’s probably no surprise that a petitioned warrant article has been submitted for placement on the town warrant dictating that, in the future, ZBA members be elected by the public, rather than appointed by the Selectboard.

What may be surprising is that both some Selectboard members and ZBA members are supportive of the idea.

The article was submitted by alternate ZBA member Timothy Kinnon. “Starting with the town ballot of 2007, the position of member of the Zoning Board of Adjustment shall be an elected position,” the article reads. Kinnon was not available for comment for this story.

Selectman Pat Fuller, who is the selectboard’s representative to the ZBA, said she is notopposed to electing zoning board members. “I don’t have a problem with people electing their own ZBA members. I don’t know if you’d have any different results than you have now but in principle I always think it’s a good idea for people to elect their representatives.”

Selectboard Chairman Alan Sherwood did not say he supported the idea, but he refused to speak out against it. However, he suggested that the current process seems to be successful. “The ZBA has been appointed by the selectmen for a long time and it seems to work out pretty well,” he said. “Yes, there was a disagreement between the boards that’s still active, still pending. But I’m not sure exactly what’s behind the (election) idea. I think the voters should look at what’s worked on a long-term basis and what the motivation is for this article.”

ZBA member Chamberlain is also in favor of the idea. “The selectmen in the past had the authority to handpick whoever they wanted. In a democratic society, people should be elected, instead of appointed. That gives the general public a fair shake.”

Angela Bystrack, who was chosen by the selectmen to fill the seat formerly filled by Weston, also likes the idea. “I believe that way there wouldn’t be a way it could be used as ammunition — someone saying that you’re biased or planted because you’re appointed,” she said.

“That isn’t the case with me but this way there would be no one who is seemingly biased or acting unfairly because they’re appointed. Not being elected kind of leaves you open as a target of being accused of being planted.”

Chamberlain has made that charge several times towards Bystrack, she said. “But anybody who knows me knows that I’m a strong, independent-minded individual who wouldn’t unfairly judge a case or be biased on a zoning ordinance.

“I don’t believe I was given a fair chance because I wasn’t aware of all the controversy going on,” she added. “There seems to be a difference of opinion between the two boards andbecause I was appointed by one board, a member (Chamberlain) says that I was planted which isn’t the case.”

Bystrack said the confrontation that led to Chamberlain leaving last week’s meeting grew out of her desire to defuse some of the tension on the zoning board. Someone suggested voting on a new chairman and vice-chairman and Bystrack raised the idea of the board first talking about “how you proceed, how you conduct yourself professionally,” she said.

Several members agreed with Bystrack and soon directed their comments directly at Chamberlain, saying “you shouldn’t be getting out of control or stepping on other people’s rights” and asking him to “tone it down,” Bystrack related.

Lyndon Avery and Kinnon, who agreed with Chamberlain's point-of-view of the Bahre issue,both rebuked him for interrupting and correcting the chairman during meetings, according to Bystrack. Kinnon even suggested Chamberlain think of resigning from the board.

(After Chamberlain left, the board elected Perry to be its permanent chairman and elected Lyndon Avery as vice-chairman.)

On Saturday, Chamberlain said he had no intention of leaving the ZBA or toning down his criticism. He criticized other board members for being “immature.”

“There have been so many mistakes made by the chair and other board members, procedural mistakes that I felt with my seven years experience on that board that if I’m the only one seasoned enough to know the difference about when procedures are not being followed. It’s my obligation to talk about it. I view it as protecting the town of Alton. I’m trying to save the town of Alton from lawsuits as well as giving applicants the fairest hearing they could get.”

(Ed Engler contributed to this article.)