Newton Board of Appeals
P.O. Box 378
Newton, N.H. 03858
Meeting
May 16, 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. Absent: Alternate Ken Pelletier. Minutes were transcribed and typed by Secretary Jeannette Clark.
Since the full Board was present, Mr McElroy stated that only Board members would vote and Mr Melvin, who would not vote, could ask any questions he wished.
III. Acceptance of Minutes
A motion was made by Mr Allison to accept the minutes of the April 18, 2006 minutes as written. Second by Mr French. Vote unanimous. Motion carries.
IV. Public Hearing for Ronald J. Pica, Sara Realty LLC, Whispering Pines Campground, Map #05-001-05…
to act on the request for appeal from the Aquifer Protection Ordinance, Section XVII, Paragraph 4g, dealing with non-conforming uses. The Applicant is requesting a variance from the prohibition against expansion of non-conforming uses.
Abutters present: Jay Montoni, Rob Mildonian, David Poulson, Joe G., Jim B., J. Huddleton, Gino Diveccha, Rob Peterson, Bob Johnson, Jean Constantineau, Norman Constantineau, A. Sweeny.
Guests: Pat Wonson, Percy Wonson (Conservation kCommission, Gloucester), Kim Vaillant (Planning Board), Jay Hubbard (Wilders Grove), Paul Ferrara of Country Pond Road, Trisha McCarthy of the Newton Conservation Commission..
Mr Pica began his presentation by stating that he understood that the Board may not want to vote this evening since the packet that he presented was quite large, and they may want some information as to what the proposal is, and the Hearing would perhaps continue to next month. Because of this, Mr Pica chose to not bring in the hydro-geologist that had been working on this, and also the Attorney who had helped in the writing of the 5 Criteria of the Application. They would both be coming to the Continuation next month.
In the packet, there are 2 sets of drawings. Mr Pica had been told by the Vice-Chairman of the Planning Board that the plans used before the Planning Board should also be used here tonight. Both are basically the same. The second has been updated, there are a few additional details.
There are 2 additional drawings in the updated set.
Also included in the packet is a report from the hydro-geologist, and also a letter/report from the person who specializes in making determinations on whether proposals on parcels of property will adversely affect the surrounding property values. This person will not be present at the next meeting, however the Attorney will walk everyone through that.
Mr Pica proceeded to review the highlights of the proposal, so that when the Board members review the site they will have a good idea of the site and the proposal.
We are here for a variance of the Ordinance which disallows expansion of non-conforming uses in the Aquifer Protection Zone. We are in an Aquifer Protection Zone having a transmissivity of under 1000 square feet per day. Many towns have a transmissivity of over 2000 on their restrictive ordinances. More information will be provided by the hydro-geologist.
To go over the site: It is a total of 27 acres… there are 3 beaches… The non-shaded sites on the map are the approved sites, while the shaded sites
are the new sites… There are 32 proposed new sites.
The campground has approval for 80 sites…but a residential unit was built for Mr Pica’s family, so that was considered 1 site. There is the residence and 79 sites. These sites are fully constructed, with water, sewerage, electric, and cable.
In the year 2000, Mr Pica made an agreement with the Planning Board that they would maintain 80 sites (79 and the residence). At that time, not all of the sites were completed. Part of that agreement was that we would not return to the Planning Board for additional sites for a period of 5 years. The 5 year period ended on November 22, 2005. Mr Pica did apply to the Planning Board in January. He was denied so that he could come to this Board to come for the variance for the Aquifer Zone.
Mr Pica explained the beaches: a swimming beach, a boat launching beach (very few boats launched by campers- only 8 slips), and a beach/park close to the residences.
The campground was begun in 1968. It was purchased by Mr Pica in 1999. Since then, a new sewerage system/network has been installed and new water lines throughout the entire site. The electrical system was updated. Since there were only 2 poles, 6 additional poles were added.
There is now a new state of the art electrical system, and cable. All are full utility sites. A new Recreational building was built, a pavilion, and a swimming pool, horsehoes…
Before 1999, there were many Police calls (bonfires, parties, drinking, drugs, etc). Only 5 sites are occupied by the same campers as before 1999. Photos of before 1999 were circulated. Since then Mr Pica has tried to create a good campground, where campers have respect for others, and rules are observed.
Occupancy of the campground: Mr Pica went over the occupancy percentages from April 1 to October 1. He stated that most of the campers stayed at their own campsites, or neighboring sites. It was a social environment with a few social events. Most campers are seasonal.
He pointed out a traffic study in the packet, and explained the peak-hour counts. He also stated that there were very few transient sites.
Mr Pica explained the new proposed sites: size, landscaping (no lawns), leach field (meets requirements for zero-impact), and the parking area with an oil/water separating catch basin. He also stated that if houses were to be built here, there would be no need for a variance.
Mr Pica stated that there was a certificate from the DES in the packet that showed that in 2000, the state would have allowed 148 sites… Mr Pica wants to limit it to 117 sites (50’x70’ and 50’x60’ sites). Mr Pica is amenable to the Board limiting him to the 117 sites.
Discussion of the well radius… and the possibility of dealing with storms.
Because it is only seasonal, the well is transient, and not a community well system. Well radius is 150 feet. This is the primary well for the whole park. It is tested twice each year. The well could be moved if necessary.
There is a ‘detention’ pond. It will all be approved by DES.
The well is designed for the 25-year events…drainage system required…
Mr Pica attempted to clarify the issue of complaints. He and his wife are there nearly all the time to supervise. They are trying to have a campground which is friendly to the neighbors. Mr Pica stated that he is very disappointed in the letter sent to the Planning Board by the residents.
Mr French explains that this Board is not an enforcement agent.
Mr Pica points out that there is a letter from the Stanhope Group discussing the issue of property values. None of the neighbors will see the new sites. They would be located 500 feet from the nearest resident.
Mr Pica circulated more computer printed pictures of the area.
Discussion on fence that was put up, tree cutting and use of the beach…
Mr Melvin had several questions.
1. gasoline…carefully from 5 gallon plastic cans…8 slips and a couple of jet skis…the DES provides us with pamphlets to educate campers.
Mr Melvin wants to know how this boating situation is policed…Is there any alcohol allowed? Not on beach…Occasionally at functions.
2. In 1999, there were 39 seasonal trailers on site…It was determined that most of the area was used for some type of camping. It was determined that there were approximately 80 sites in existence when he appeared before the Planning Board. Mr Melvin would like proof of the 80 sites. “The documentation is in deposition.” “This is a non-conforming use in this particular zone and you are allowed a one-time expansion of 25%…and it seems to me, that I recollect back then that there were 60 sites and you got an additional 20 at that time, which was the other 25%…and that would have been your
one-time expansion.” “We went to the Planning Board to be able to install utilities to all the sites…” A site plan was done to show where utilities would be p laced… Mr Pica reaffirms that they did not come to the Planning Board for expansion in 2000. Mr Melvin requests that he get this information from deposition so that the Board could have it.
3. Mr Melvin would like to see a copy of the rules and regulations that the campground has, out of curiosity…
4. How much, right now, of the 27 acres is uplands? Over 20 acres… 76%…approximately 6.5 acres are wetlands.
5. Does the State require reserved septic area? Yes…the state does not require it now… Our septic system does not get used in the winter months. It revives itself during that time. It will have an Elgin drain system, designed to last 20 years. It can be removed and replaced very easily. Mr Melvin disagrees, 12 years.
6. Laundry on site? Yes, 2 washers. Discussion of the Elgin drain system.
Mr Kozec does not see a denial from the Planning Board in the Appeal Application. He states that a denial is required. Mr Pica responds that the Planning Board minutes should serve as a denial. This was not acceptable to the Board.
Mr Pica informs the Board that he is concerned with the Aquifer. He is trying to limit an adverse affect. They are under a non-conforming use, which is the only reason for being here today. Nothing is being don that is in “prohibited use” under the Town ordinances. The use is not a restricted use
in the Ordinance. A variance is needed for non-conforming use.
Pat Wonson: Should Mr Pica have to sell after 3 or 5 years after expansion, there is no control over who or what would come in for management. Mr Pica can’t guarantee for the future…
I came here for the Aquifer but he’s before this Board for a variance and isn’t there supposed to be a hardship?
Mr Pica: We try to operate the campground to be an asset to the community.
If we were to sell the campground, …I have a difficult time believing that anyone would come in and run it like it was before…not for that kind of money.
Mrs Constantineau voices concern for property value. They’re here for the long term…they and their successors…
Mr Pica assures the abutters that this is his retirement. He is 62 years old and his retirement. We enjoy it! We would enjoy it better if we got along with everyone. Our intention is to run this campground as long as we’re healthy. Hopefully, that will be a long time.
I can’t assure that I will not sell the campground at this time. If someday I do, it will be for big money.
Kim Vaillant from the Planning Board: wants to express concerns from the letter that the neighbors signed and sent to the Planning Board…
1. fires: these are the campfires…there are so many that the neighbors are not able to open their windows for the smoke…
2. fence: neighbors wanted something aethetically pleasing…
3. Number of sites: this is a substantial increase (46%)
4. burden on lifeguards
5. boating: pamphlets being given out
6. transient resident: What does this mean?
7. Police Chief Streeter & Fire Chief Ingalls both said there are ‘no problems’…
8. gas spilling and boats being repaired
Many of these issues were not addressed…and the Planning Board is concerned. The Planning Board has not yet had the opportunity to visit the campground.
Mr Kozec again inquires from Ms Vaillant if the Planning Board issued Mr Pica an official denial. “We need an official denial” from the Planning Board telling us for what reason he was given a denial.
Mr Cardoso: Many of these issues are Planning Board issues.
Mr French: He was denied because of the Aquifer Protection plan.
Ms Vaillant did not think that these matters could be discussed since this was still in litigation.
Mr Pica explains that the minutes should read ‘variance’ not ‘variances’. There is a legal issue involved. Because there was no time, once it was discovered, to go back to a meeting within the 30 day appeal period, our Attorney filed papers, and then discussing it with the Town Attorney, they agreed to have it come here for this variance. Then the appeal with the minutes of the meeting…
Mr Pica state that the term ‘natural expansion’ is in legal litigation… It was confusing… Discussion between Mr Pica and Ms Vaillant…
Mr French repeats that this is an issue with the Planning Board, not this Board. That’s not what we’re here for.
More discussion between Mr Pica and Ms Vaillant…
Another repetition by Mr French that this is not an issue for this Board.
He also repeats Mr Kozec’s concern, that for the 5 Criteria we need to have a written denial from the Planning Board, stating the reason for the denial. This is needed before the next meeting. This Board is only concerned with the Aquifer Protection program.
Mr Allison inquires as to whether the Planning Board has a denial sheet.
Ms Vaillant says that they do have a form.
Mr Allison inquires if that form has been filled out yet.
Ms Vaillant hasn’t seen it… Minutes were taken to Court, and everything stopped at that point. She was not aware of any formal denial.
Mr Kozec says that if there is no formal ‘denial’ then there is no reason to be here. There is no appeal.
Mr Pica states that that is not something he has control over. He was told to come here by the lawyers. Since we are not going over the 5 Criteria tonight,
(his lawyer will do that next month)…he would contact the attorneys…
Ms Vaillant says that she will see that he gets the necessary written denial before the next meeting.
Mr Allison suggests that we continue to hear from the abutters. It is not necessary for Mr Pica to explain anything just now.
Rob Peterson of 21 Winmark Road…this is on the water side… He stated that he had about 20 minutes or so of material to discuss. He is willing to come before the Board at the next meeting. He states that it is rebuttal, but it’s important to say.
Jay Hubbard of 34 Wilders Grove …came to the Board with concerns about Country Pond. He is concerned with water quality and overcrowding. He is aware the Mr Pica has done a great job cleaning up the campground, which was really ‘decrepit’. He is concerned with Country Pond itself, as a recreational entity. The Public Opinion poll results from N.H. basically states that the most important reason that N.H. residents visit a specific N.H. freshwater body is that it offers the best fishing, boating, and swimming. The most important reasons that people stay away from specific N.H. freshwater bodies are pollution, overcrowding of people and boats, and poor water quality. Country pond is overcrowded and we’ve
had Cyanobacteria for three years in a row. I am in complete disagreement with this. You can see that Country Pond can’t handle adding that many more sites with the water quality it is today…the way it was last year, and the year before…
He explained that Jody Connor(DES) asked the Country Pond Association to monitor the water quality…which they did…and after sampling all around, they discovered that the area in front of the public beach is the highest level of Cyanobacteria.
Discussion on this bacteria…
Mr Pica wishes to discuss these issues, but the Board says no and asks if there are ayn other abutters who would like to speak.
Mr French reminds everyone that we are here for Aquifer Protection.
Paul Ferrara of Country Pond Road, who is also a member of the Wilders Grove Owners Association…wants to know why in the drainage system are they using perforated pipe…
Mr Pica explains that they are using SDR35 pipe to handle the traffic load, and explains the process again…
Mr Ferrara had another question…concerning boat slips. They were limited to 8 by the State. Mr Pica applied to the State applied to the State to reconfigure the slips, worked with Chris Williams on this… He ended up rebuilding what was there.
Mr Peterson was given the opportunity to hit a couple of ‘key points’…
1. growth: “enough is enough”… We’re not asking that he close down, but it’s just big enough! Mr Pica stated that there was only 75% occupancy on the busiest weekends…Why ask for more? That’s 936 people coming in!
2. One of the 5 Criteria is that this must not adversely abutting property value… I don’t know how this affects it, but I can’t imagine that with this number of people coming into my area, it makes it desirable.
3. There’s a whole list of other items…
Mr French reminds them again that this Board is not an ‘enforcing authority’…
Mr Peterson reminds everyone that he prefaced his comments with “do you want to hear this, or direct it to somebody else”…
Mr French replies that we are not shutting you off, or that we don’t want to hear you…but just to understand that the Board is not an ‘enforcing authority’! Neither is the Planning Board!
Ms Vaillant : If the 5 Criteria are met and this variance is approved, where does this go in the process? Does it go back to the Planning Board, or is he all set? Because if it doesn’t come back to the Planning Board, we won’t get to address any of these issues.
Mr Allison says that the Board will address the Aquifer question only…then it goes back to the Planning Board for “expansion of use”, “non-conforming use”…
Ms Vaillant inquires if the Board would be willing to join the Planning Board on this. Mr Allison replies that the Board has requested this joint meeting several times.
Mr Kozec thinks that it’s great that Ms Vaillant is here this evening to give this Board her insight on what happened at the meeting.
Mr French still wants to get back to that one thing, ‘We are not an enforcing authority between two parties!”
Mr Kozec adds that this does not mean that comments made tonight will not affect the 5 Criteria that Mr Pica’s attorney will present and defend next month. These are some of the issues that will be addressed in the 5 Criteria.
Mr Cardoso says that this would go back to the Planning Board, where it could be denied on another point…and then he’d have to come back here if he needs another variance. It could be that he needs multiple variances. Each variance needs to be reviewed separately. This is just one variance, and it has not been reviewed by the Board yet.
Trisha McCarthy, Chairperson of the Newton Conservation Commission
We are concerned about the quality and the quantity of present and potential drinking water, ground water…and everything we do is going to affect that!
The more people moving into town, we know that drinking water will become an issue. Keeping that in mind, the expansion of a non-conforming use…we shouldn’t be doing it!
When there are comtaminants in the ground – once it’s there, it’s there!
Mr Pica takes the floor with rebuttals…
Fence… boats being repaired (only boats in good condition accepted now)…
Will try to monitor the gas being put into the boats… Never expanded docks…
Transient residents – 3 week limit on same site, no longer than 7 months in the campground… Number of sites increasing 46% (80 to 117) - State allowed 148…
Lifeguards…
Water quality – hydro-geologist will handle this next month…
Overloading with people- these will be further from the lake…
Discussion of Public launch in Kingston: Once the Public Launch is restricted, there is a loss of state and federal funds. The State owns, town maintains.
The Planning Board is in the process of writing up an ordinance…parking has become an issue…
Discussion on the bacteria in the ponds…Jay Montoni and Mr French try to clarify.
Mr Pica said that most sites are occupied by 2 people, possibly 8 people according to the State…
There is a high percentage rental of the sites, but not everyone is there all the time, at the same times…
Ms Vaillant request a list of the 5 Criteria… wants explanation of hardship…
Invitation to the Board to come visit the site.
Mr McElroy makes a motion to continue this Hearing to June 20, 2006. Second by Mr Cardoso. Vote: unanimous. Motion carries.
Mr Allison reminds Mr Pica that he need to get a written denial from the Board of Appeals before the next meeting.
Mr Peterson stresses that he will need to come to the next meeting to clarify things… Example: Mr Pica says that the campers do not use the Public beach, that’s not correct, and that has a direct impact on our services. That’s very important. Also, Mr Pica stated that he was approved by the State for 148 sites, that’s not correct - That’s septic approval, not occupancy approval. We have to be careful that everything is technically correct.
IV. Old business
A. Ferrandi issue
B. Planning Board minutes
C. Appointments approved… Mr Allison needs to be sworn in.
D. Budget expenditures…
V. New business
A. David & Carolyn Kelly request pre-approval of Certified Plot plan…
The plan submitted was not a certified plot plan, but the mortgage plan, and this is not acceptable.
B. Zoning Bulletin by the Quinlan Publishing Group – Board does not want to subscribe…
VI. Adjournment
A motion was made at 11 PM by Mr Allison to adjourn. Second by Mr Kozec. Vote: Unanimous. Motion carries.
Next meeting to be June 20, 2006 at 7:30 PM.
Respectfully submitted,
Jeannette S. Clark, Secretary
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