Lebanon ZBA debates decision templates, findings-of-fact and legal defensibility

A major portion of the Sept. 3 meeting was devoted to a public conversation between staff and board members about whether the ZBA should restore more detailed preprinted findings-of-fact and adopt written decision templates used by other New Hampshire towns.

Staff (introduced as Mr. Reichert) presented two examples — one from Concord and one from Hanover — and said the goal was to give board members prompts to ensure decisions include the facts and legal criteria needed for defensibility on appeal. "I think having a little more... little meat and justification is always a good thing," staff said.

Several board members said they support strengthening findings but cautioned against turning routine approvals into lengthy, counsel-led products that delay decisions. One member said the board’s current decisions are "B plus A-" and argued only marginal improvements may be necessary; another cautioned that overly detailed written findings could be used as precedent in unrelated cases and urged care about unintended consequences. Members proposed a middle path: provide staff-written prompts and optional templates, encourage education with counsel for controversial cases, and preserve that the ultimate decision text should come from board members themselves.

The board did not adopt a formal policy at the meeting; members agreed to continue discussion, to consider limited templates for complex or risky cases, and to coordinate further with staff and counsel on decision-writing practices.