Newton Board of Appeals
P.O. Box 378
Newton, N.H. 03858
Meeting
March 21. 2006
I. Call to Order
Vice-Chairman Alan French called the meeting to Order at 7:34 pm.
II. Roll Call
In attendance were Vice-Chairman Alan French, Dana Allison, Bradley Cardoso, Jack Kozec, and Alternates Charles Melvin and Ken Pelletier. Chairman Tom McElroy was absent. Minutes were transcribed and typed by Secretary Jeannette Clark.
Mr Melvin was made a voting member in the absence of Mr McElroy.
III. Acceptance of Minutes
A motion was made by Mr Kozec to accept the minutes of the February 21, 2006 meeting as written. Second by Mr Cardoso. Motion carries.
IV. Continuation of Public Hearing for Mr Coleman McDonough
Mr McDonough was the only person in attendance.
The Vice-Chairman, after doing more research, told Mr McDonough again that in order to make a decision, the Board needed a definite written denial, either from the Planning Board or the Building Inspector.
Mr McDonough had no written denial. His attorney, Greg Michaels, had told him that he did not need one. Mr McDonough could not understand why they required this. It would be a 3-4 month setback to get a Planning Board denial, and during this time, the town would be losing revenue each month. It was obvious, that there was a clear violation of a setback. He also discussed the question of an easement.
[ Mr Pelletier made a suggestion for the future: the Engineering Co could/should issue a letter stating that the plans do not meet such and such ordinance. This could then possibly be used by the Board of Appeals.
Mr Melvin informed the Board that the Planning Board has a Site Review Board. This issue could be passed by them for a letter of denial. Jim Doggett is the head of the Site Review Board.]
Discussion on the easement, to make up for land discussed. This could be a condition on the variance. However, Mr McDonough needs an approved site plan in order to even get a denial from the Building Inspector. The Board of Appeals also needs a complete plan, a plan with the correct setbacks, and the specific issue needs to be visible. The necessity of a denial was again stressed.
Mr Allison makes a motion to continue the Hearing next month. Second by Mr French. Motion carries.
The Board was in agreement that the Board of Appeals needs a joint meeting with the Planning Board.
V. Old business
There was no other business.
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VI. New business
Mr Allison informed the Board that the Town Clerk had told him that both he and Mr McElroy were coming up for reappointment this year. They will wait for proper notification.
VII. Adjournment
A motion was made at 8:15 pm by Mr Kozec to adjourn. Second by Mr Cardoso. Motion carries. Next meeting to be April 18, 2006 at 7:30 pm.
Respectfully submitted,
Jeannette S. Clark, Secretary
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