Newton Board of Appeals
P.O. Box 378
Newton, N.H. 03858
Meeting
February 21, 2006
I. Call to Order: Chairman McElroy called the meeting to order at 7:30 PM.
II. Roll Call
In Attendance were Chairman Tom McElroy, Vice-Chairman Alan French, Dana Allison, Bradley Cardoso, Jack Kozec, and Alternate Charles Melvin. Alternate Ken Pelletier was absent. Minutes were transcribed and typed by Secretary Jeannette Clark.
Guests: Kim Vaillant, Representative from the Newton Conservation Commission and the Newton Planning Board, Eric Zigmort, Representative from the Rockingham News, and Trisha McCarthy, Chairman of the Newton Conservation Commission.
III. Acceptance of Minutes
A motion was made by Mr Kozec to accept the minutes of the January 17, 2006 minutes as written. Second by Mr French. Vote: Unanimous. Mr Melvin abstains.
IV. Public Hearings
A. Public Hearing for William J. Manuell , 8 Hunters Way, Newton (map # 008-02-017-25). Mr Manuell was requesting a variance from the Wetland Zoning Ordinance, Section XVI, Paragraph 8B, dealing with location of an addition from an existing wetland.
Mr Manuell explained that he owned a 7 acre parcel of land, and that they had built the house before Zoning Ordinances. They had planned to add on the main structure incrementally, this being their final step. He is basing his request on hardship, since this could have been avoided if they had known then that the Town would go to Zoning Ordinances. He passed out a Plan prepared by James M. Lavelle, dated February 20, 2006, and pointed out that he would be 38 ½ and 39 ½ feet from wetlands. He was asking relief from Zoning Ordinance XVI. There were no abutters present, and all had been notified. Mr Manuell produced a letter from the closest abutter, Joseph A. Comeau of 7 Hunters Way. Mr Comeau stated that he was in “full support
(of) his project”.
The Board reviewed the Criteria, including the special circumstances, and voted to grant the variance (4-1). Mr French was not in agreement.
A motion was made by Mr Allison to grant the variance (because all 5 criteria have been satisfied) so that the structure can be no nearer the wetlands than 38.5 feet as shown on a plan entitled “Existing conditions plan showing proposed addition in Newton, NH, as drawn for William Manuel. Second by Mr Kozec. Motion passed 4-1 (Mr French opposed).
Chairman McElroy explained the 30-day appeal rule to Mr Manuell.
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B. Public Hearing for Coleman McDonough, President of 125 Development Corp. of N.H. Mr McDonough was requesting an variance from the Zoning Ordinance, Section XIII, Paragraph 1, wanting to reduce the dimensional requirement from a 200’ setback to a 180’ where it abuts another Zone.
There were 2 abutters present: Ned Nichols, and a representative from the Greenfield Estates Homeowners Asso.
Mr McDonough explained to the Board the Dennis Quintal of Civil Construction was not able to be here. Plans were passed out to the Board.
It was quickly brought to the attention of all present, that there was no denial from either the Building Inspector or the Planning Board in any of the materials. There was discussion as to whether or not Mr McDonough could come before the Board without a denial. Mr Kozec & Mr French had been to a conference in the fall, where they were told that a denial was necessary.
Kim Vaillant from the Planning Board stated, that under RSA 674 section 33, a denial from the Planning Board was necessary. Mr McElroy had, earlier in the day, spoken to Christine Filmore, an attorney at the NH Municipal Association in Concord, who had assured him that this was allowed.
The members of the Board were having a problem with the lack of a denial, especially since this area in question possibly needs to be rezoned.
The Board discussed the issue. They discussed what the Applicant was requesting. There were several suggestions, such as a lot line adjustment, a “no disturb zone” from another piece of property owned by Mr McDonough, the footprint of the building, the buffer zone, etc. The Board had no idea what was going to be built, or any aspect of the development, etc.
Mr Allison made a motion to continue the Public Hearing to next month. (Hopefully he would have a denial from the Planning Board by then). Second by Mr Kozec. Vote: Unanimous.
V. Old Business
A. Mr McElroy had just received the brief from the Town Attorneys on the Ferrandi issue. The Court date is set for March 2. Only the Attorneys and the Judges would be present.
B. Review of the expenditures so far this year.
VI. New Business
A. Mr McElroy announced the Spring Planning & Zoning Conference in Manchester, scheduled for Saturday, April 1, 2006. The agenda was circulated
B. Jacob’s Village Open House scheduled for Sunday, February 12, 2006.
The invitation had come too late. There had also been a snowstorm that day.
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VII. Adjournment
A motion was made at 8:35 Pm by Mr Kozec to adjourn. Second by Mr Allison. Motion carries.
Next meeting to be March 21, 2006 at 7:30 PM. Mr McElroy announces that he will not be present.
Respectfully submitted,
Jeannette S. Clark, Secretary
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