RACHEL RAVINA/BAYSIDE GAZETTE
Planning Director Dave Engelhart presents a proposal to revise language in an amendment regard- ing variances. The motion passed with a 4-0 vote.

By Rachel Ravina, Staff Writer

(July 4, 2019) Language in an ordinance regarding variances was revised following unanimous approval at Berlin’s Town Council meeting last week.

Planning Director Dave Engelhart introduced the need for the change during a May 28 council meeting.

An applicant appealing a case before the town’s Board of Zoning Appeals in March cited “hardship” as a need for the variance. However, the current language states, “beyond a reasonable doubt,” which is used in criminal law, according to officials.

Engelhart proposed changing the ordinance language from “beyond a reasonable doubt” to “preponderance of the evidence.”

Town attorney David Gaskill said by doing so, it’s “changing the burden of proof.”

Councilman Elroy Brittingham moved to revise the ordinance, and it passed with a 4-0 vote.

Councilman Dean Burrell was absent from last Monday’s meeting.