Zoning Board of Adjustment

2024 Zoning Board of Adjustment Members

Dan Sutton, Chair

Susan Massin, Vice Chair

Bill Pine

Coni Porter

Susan Silverman

Susan Irvings, Alternate

Jay Drew, Alternate

Tom Rothermel, Selectmen's Representative

A five-member ZBA, made up of Town residents, is appointed by the Board of Selectmen.  There is also a non-voting ex-officio member from the Board of Selectmen on the ZBA. 

New Hampshire state statutes RSA 672-677 and Fitzwilliam’s Land Use Ordinance Sections 205 and 127:41-43 create, authorize, and describe the appeals work of the ZBA. There are four basic appeals an individual can make to gain relief from an ordinance that seems especially burdensome in their unique situation. Applicants may seek approval from the ZBA for a Special Exception, Variance, Equitable Waiver of Dimensional Requirements, and/or Administrative Appeal.

To make an appeal, you must first complete and file an application with the Land Use Office. After your application is filed, notices will be mailed to your neighbors/abutters and a public hearing will be scheduled to hear your appeal. Sometimes the Selectmen’s Office or the Planning Board will refer you to the ZBA if they recognize that to successfully complete your project you need a variance or special exception. Or you can come to the ZBA on your own if you feel a decision has been made in error because the ordinance has been incorrectly interpreted by a town official. Decisions of the ZBA can be appealed, as can decisions by the legislative body, Planning Board, Historic District Commission, or Code Enforcement Officer. An appeal is made to the ZBA for a rehearing, and if that appeal is denied, you may appeal to Superior Court or the state’s Housing Appeal Board.

The ZBA meets the second Tuesday of the month at 7:00pm at Town Hall when they have pending cases.  All meetings of the ZBA are open to the public, but if you want to file an appeal or variance hearing, you must have your completed application filed with the Land Use Office at least fifteen (15) days before the meeting to allow for legal public noticing. Please feel free to contact the Land Use Department to discuss your needs.