Newton Board of Appeals
P.O. Box 378
Newton, N.H. 03858
Work Session
July 31, 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, Jack Kozec, and Alternate Charles Melvin.
Absent: Dana Allison, Bradley Cardoso, And Alternate Ken Pelletier.
Minutes were transcribed and typed by Secretary Jeannette Clark.
Guests: Building Inspector M. DiBartolomeo
Planning Board Chairman Kim Pettit, Vice-Chairman Ann Miles, Rich LeClaire, and Administrative Assistant Sally Cockerline
Also, Ron Pica, Sara Realty LLC, of Whispering Pines Campground
III. Work Session
A. The Board of Appeals had requested a Joint meeting of the Planning Board, the Building Inspector, and the Board of Appeals to discuss ordinances and procedures. The Board has some issues as to how things are presented.
Mr DiBartolomeo was asked if he had any issues to discuss. He told the Board that he was willing to come to quarterly or bi-monthly meetings or work sessions. He was also willing to do some research work for the Board. He requested a copy of the monthly minutes and that when he was to come before the Board, he would like to know for which areas or subjects he should be prepared…
Mr French made a motion to send a copy of the Agenda and the minutes to Mr DiBartolomeo. Second by Mr Melvin. Mr DiBartolomeo told them that he received the Agenda and Notices of Decision, but would also like to see the minutes.
Discussion of accessory apartments… Mr McElroy questioned as to whether or not the Board had any plans to change the regulations…
Ms Pettit replied that it was on their Worklist for March. They would probably be preparing a Warrant article…but it was not definite.
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The Boards discussed the interpretation of the Newton Ordinance, which was put into effect so that the ZBA could not make exceptions, only the Courts.
Mrs Cockerline presented herself as the Administrative Assistant to the Planning Board and Chair of the Kingston Board of Appeals. She explained how the Kingston Board handled these issues. She told them that it was handled under Special Exceptions, and that they had a very specific criteria. She thought that something like this would streamline the process. The Board, however, admitted that this was put into place several years ago, when the Building Inspector had found hundreds of Accessory apartments that they hadn’t even known about, some were legal and some weren’t. The Planning Board felt, at that time, that a 500 square foot apartment was a comfortable size, and therefore would not be opening up the Town of Newton to numerous apartments.
They did not want apartments everywhere.
Mrs Cockerline explained the Kingston Ordinance and told the Board that she would send them a copy of the Kingston Family Accessory Apartment Ordinance. She would like to have the Board of Appeals’ comments.
Mr Melvin informed everyone that he was on the Planning Board when the Ordinance was presented. The intent was not to allow the ZBA to increase the size of the apartments. These apartments were to be for family members only. He estimated that Newton, at this time, has about 250 illegal apartments.
Mr French told everyone that this was not why the Boards were here this evening. He explained to Mr DiBartolomeo that several members of the Board of Appeals have been attending some law sessions each year. In these classes, they had been told that before a variance was discussed, there was a need for a denial, from the Building Inspector or the Planning Board. It needed to have written on it “Denied! For RSA ##, p.??? etc”. It had to be spelled out like that!
These problems need to be straightened out. We need to have something to go by… Mr DiBartolomeo has been doing much better, but occasionally one slips by… Mrs Cockerline told the Board that under RSA 676.3, II, the Minutes of the meeting, approved by the Board stand as the Official Record, and suffice as a denial. There is no need for a Notice of Decision.
Mr DiBartolomeo also asked the Board to remind people that if they get a variance, they still need to get a Building Permit.
It is the responsibility of the Applicant to provide all the required documents and information, and to verify the Abutters’ list. There is appropriate software in the Planning Board office and the Office of the Selectmen. The physical address may be different from the
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mailing address. They need to be careful. Once everything is in order, then, and only then, should the Application be processed. If the Applicant can’t do that, then there won’t be any hearing!
Discussion of the Plans presented. The scales are not correct, drawings are presented as Certified plans, variance requests are not indicated, etc. Those variances go with the property. They have to be done correctly.
Mr DiBartolomeo wanted clarification on dealing with certain issues. He was told that the “site plan review” had to go to the Planning board first, where they are denied, then they come to the Board of Appeals. Mr DiBartolomeo was to “defer” the site plan to the Planning Board, who would then send the Applicant to the ZBA for the variance, then they go back to the Planning Board.
Ms Pettit presented a copy of the Town of Newfields’ Subdivision and Site Plan Regulations to read, discuss, and make comments.
Mr French made a motion to send a copy of the Agenda, and the previous month’s Minutes, to the building Inspector. Second by Mr Melvin. Vote: Unanimous. Motion carries.
The Planning Board will schedule Mr Blaisdell for a Joint meeting.
B. Review of the Application of Michael Seekamp. All appeared to be in order. The Secretary should proceed with the processing of the materials for a Public Hearing.
C. Mr McElroy informed the Board members that the Local Government Center was presenting the 31st Annual Municipal Law Lecture Series in October and November. These would take place in the Newington Town Hall, beginning October 25, 2006. Three (3) members were interested. Mrs Clark would make copies of the brochure for everyone for the next meeting, in case others may want to attend.
D. Discussion on the Application: changes to be discussed at the next Work Session.
E. There are two (2) other issues to be discussed at the regular meeting:
1. Coleman McDonough… Ned Nichols appealed the Decision of the Board. The Board said that Mr McDonough cannot get a lot line adjustment, as it’s a Residential Zone (another zone)…
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It was also noted that there was no new evidence, no
justification… His (Mr Nichols’) property is all wooded, so it
will not decrease it in value… The concensus was that the appeal would be denied.
2. Whispering Pines Campground, Mr Pica…
The Board gave a copy of Mr Peterson’s letter to Mr Pica, as it was considered a Public document.
It was noted that the Planning Board said that their approved minutes stood as the Official Record, and therefore, a denial.
If there is no new information, it will not be reheard.
IV. Adjournment
A motion was made at 9:30 PM by Mr Kozec to adjourn. Second by Mr Melvin. Motion carries. Next meeting to be Augst 15, 2006 at 7:30 PM.
Respectfully submitted,
Jeannette S. Clark, Secretary
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