August 24, 2011 the Zoning Board of Appeals conducts several non-appeal hearings in which they review and determine site plans do not conform to standards and requirements contained in the zoning ordinances.
In ZBA Case 11-2011 the board authorized a density variance on concluding: the variance would not be necessary if the developer owned an adjacent parcel. The impact on development options for the adjacent parcel was not discussed.
State and local statutes vest the planning commission with site plan review authority; and, mandate site plan approval or rejection be based upon standards and requirements contained in the zoning ordinances. The ZBA is authorized to hear and decide enforcement decision appeals.
See August 8, 2011 special joint meeting, city officials acknowledge conduct is contrary to their understanding of the law.