Newton Board of Appeals
P.O. Box 38
Newton, N.H. 03848
Meeting
March 20, 2007
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, Jack Kozec, & Alternate Charles Melvin.
Absent: Bradley Cardoso & Alternate Ken Pelletier. Minutes were transcribed and typed by Secretary Jeannette Clark.
III. A. Public Hearing for: Charles Blaisdell
44 Bear Hill Road
Newton, N.H. 03858
Map #017-04-005
The Applicant is seeking a variance from Residential A Zoning Ordinance, Section V, Paragraph 2, dealing with frontage (less than 150 feet). The Applicant is requesting a variance of 9.5 feet.
One Abutter present: Mr Edward Gandolfo, Jr, 42 Bear Hill Road.
Attorney Robert J. Deshaies (from the Amesbury, MA firm of Healey, Deshaies, Gagliardi, and Woelfel) began the Appeal by introducing himself & Denis Hamel from the engineering firm, who would be able to answer any technical questions. Attorney Deshaies described the property and the fact that it met every dimensional requirement except frontage. Proposed Lot 5A would have 113,000+ SF and Lot 5B would have nearly 97,000 SF. He also mentioned that adjacent lots have frontages in the range of approximately 110-130 feet. If a variance was granted, The new lot would be similar to adjacent lots in the neighborhood.
Mr Edward Gandolfo, Jr., the abutter at # 42 Bear Hill Road, expressed concerns about the proximity to the wetlands, and the location proposed for the new house. It was explained to him that these are Planning Board issues.
Mr Melvin was made a voting member in the absence of Mr Cardoso.
Review of the Criteria:
1. Value of surrounding Properties will not be diminished. All voted that the Criteria was satisfied.
2. Contrary to public interest… 4 voted that the Criteria was satisfied,
1 (Mr French) not satisfied. Majority.
3. Boccia Area or Dimensional variance Criteria:
a. Special conditions of the property: All voted that the Criteria was satisfied…
b. Benefit cannot be achieved by any other method: All voted that the Criteria was satisfied.
4. Substantial justice: All 5 voted that the Criteria was satisfied… the public purpose is served: there is more land than needed, and it is permitted use…
5. Not contrary to the spirit and intent of the ordinance: All 5 voted satisfied.
Mr Allison makes a motion, that since the five Criteria have been satisfied, to grant a 9.5 foot frontage variance for Lot 5B as shown on Subdivision Site Plan for Charles Blaisdell, Sheet SP-20-1, dated 1-11-07. Second by Mr Kozec. Vote: All 5 in favor. Motion carries. Variance granted.
At 8 PM, Mr Allison makes a motion to close this hearing. Second by Mr Melvin. Motion carries. Hearing is closed.
B. Public Hearing for: James Baker, trustee
For property at 1 Ridge Road,
Newton, N.H. 03858
Map # 002-03-017
The Applicant is seeking a variance from Residential A Zoning Ordinance, Section V, Paragraph 3, dealing with location on lot. The Applicant is seeking to construct an addition, and needs variances for the front and right side setbacks.
One Abutter present: Mr Jeff Phaneuf from #3 Ridge Road.
Mr Allison and Mr Melvin suggest a Continuation, since the well radius and the septic need to be indicated.
Mr Allison makes a motion to continue till next month. Second by Mr Kozec. Vote: unanimous. Motion carries.
III. Acceptance of Minutes
A motion was made by Mr Allison to accept the minutes of the January 16, 2007 meeting as written. Second by Mr French. Vote: unanimous. Motion carries
IV. NEW BUSINESS
a. Selectmen.’s notice of the “Amended State Law Changes Town Licensing Procedures”… No licensed Salvage Yards in Newton…
b. Review of Budget expenditures…
c. Discussion of the 14th Annual Spring Planning & Zoning Conference, Saturday, April 28, 2007, at the Center of N.H., Radisson Hotel, Manchester, N.H. Mr Melvin and Mr French are interested, but will need to check schedules. Decision will be made by the next meeting. The deadline for registration is April 20, 2007.
V. OLD BUSINESS
There is no old business at this time.
VI. ADJOURNMENT:
A motion was made at 8:25 PM by Mr Kozec to adjourn. Second by Mr Allison. Motion carries. Next meeting to be April 17, 2007 at
7:30 PM.
Respectfully submitted,
Jeannette S. Clark, Secretary
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