Board debate centers on whether to allow new evidence on exceptions; members favor narrowing language

The board spent substantial time debating proposed paragraph 5, which would have constrained the zoning board's capacity to accept new evidence introduced with exceptions. Several members argued the provision was too prescriptive and could prevent the board from considering material factual information that surfaced after the evidentiary hearing.

"I don't want people using the exceptions to just relitigate their case," Chair Terry Youngman said, explaining the rationale for a restrictive approach. Other members, including Lynn Rigby, proposed instead defining exceptions that would be admissible as those limited to material facts. Advocates for striking the paragraph said practice and a future board could address recurring problems before changing the code.

After debate, the board voted to strike paragraph 5 from the advertised draft and directed staff to proceed with public notice. Members said the board could revisit the issue if it becomes a recurring problem in future cases.