Newton Board of Appeals
P.O. Box 378
Newton, N.H. 03858
MINUTES: Minutes of Tuesday, October 16, 2007
CALL TO ORDER: Meeting called to order at 7:30 PM by Chairman Tom McElroy.
ROLL CALL: Chairman Tom McElroy, vice-Chairman Alan French, Dana Allison, Bradley Cardoso, Jack Kozec & Alternate Charles Melvin. Absent: Alternate Ken Pelletier
ACCEPTANCE OF MINUTES: Meeting of September 18, 2007. A motion was made by Mr Kozec to accept the minutes as written. Seconded by Mr Allison.
Motion carries.
REVIEW and DISCUSSION of the Cynthia Wilson Decision of September 18, 2007.
The surveyor had sent some new, corrected measurements to the Board. It was decided that the engineer/surveyor needs to do a new plan, with the measurement from the overhang of the garage to the center line of the road, well indicatad. Road/street was researched in the Zoning Ordinances, and the definition says the whole right of way. When the plot plan is corrected, it will decide whether Mrs Wilson needs to return to the Board of Appeals. If the measurements match those on the variance, she’s all set. If not, Mrs Wilson will need to come before the Board again, with an appeal of the decision based on new information. The new appeal would request a new variance from the street.
Mrs Wilson requests to be first on the agenda again, as they have 2 hours of travel time to get to these meetings. Board approves.
PUBLIC HEARING: Christopher & Jeanette Cattan
56 Wilders Grove Road
Newton, NH 03858
Map #002-03-021
Mr Cattan explained that he was proposing to remove his existing garage, replacing it with a new structure, with a new poured concrete foundation, on exactly the same location. It would be a 36’ x 24’ structure, with a second, and possibly a ½ bath.
The Board reviewed the plan and the photos. There were not sufficient measurements.
The Board then reviewed the Building Permit denial. The permit had been denied as a Residential Zone A non-conforming lot, 2007 Zoning Ordinance Section XIX, paragraph 3. The Board reviewed the factors that must exist before a special exception be made: a. the overhang needs to be noted… the elevation should reflect the dimensions of the new overhang…
b. OK c. OK d. OK e. measurements needed
f. No, does not, and cannot… g. OK, under 35’ height restriction
It was decided that this hearing should be continued till next month, when Mr Cattan would have the plan redone indicating the old and new overhangs, and the correct setbacks from the road. The surveyor must redo the plan. It was also stated that there will be no plumbing allowed. Mr Cattan was OK with that.
Mr Allison makes a motion to continue this hearing till next month. Second by Mr Kozec. Motion carries.
Mr Cattan requests coming after Mrs Wilson next month. OK.
NEW BUSINESS:
1. Review of the Appeal letter of Jill Tozier, trustee of the Journeay Family trust, and Abutter to Michael Maher, concerning the Decision made September 18, 2007.
a. There was no error in the plan. In fact, the overhang was indicated, and it would measure 1.1 feet from the lot line at most.
b. There was no error in the decision.
c. There was no new information.
Mr Allison makes a motion to deny the request for Appeal, as no new information was presented, and no old information was deemed incorrect. Second by Mr Kozec. Motion carries.
It was requested that the secretary send a letter to Ms Tozier, explaining the reason for the denial, and noting that with discussions with the property owner, and that looking at the plans that he presented do show the overhang, so that it will not be .1’ from the property line.
The Board advised Mr Maher to make sure that Mr Nichols marks the 34’ from the center of the road, so that all will be OK. It appears that Mr Maher has an extra 5’.
2. Planning Board minutes
3. Town of Newton 2007 Zoning Ordinances… Every member of the Board received a copy.
4. Internal Controls Assessment Report… Each member of the Board received a copy.
5. Amended Computer Policy… Each member of the Board received a copy.
6. Review of the budget as of September 30, 2007.
7. Mr McElroy suggests that Bob Donovan, our new Code Enforcement Officer, get copies of all Notices and Decisions made by the Board so that he knows what’s going on.
OLD BUSINESS:
1. Mr McElroy announced to the Board that Mr Ratigan, the Town attorney, was not able to advise the Board in the Whispering Pines situation, as he was already representing the Planning Board. Attorney Scott LaPointe, from Epping, would be giving direction when he had completed the review of all the materials.
2. Mr McElroy also informed the Board about a subscription to the “Zoning Bulletin” for $168. The Board said “No”.
ADJOURNMENT: A motion was made at 9:10 PM by Mr Kozec to adjourn.
Seconded by Mr French. Motion carries.
Next meeting to be Tuesday, November 20, 2007 at 7:30 PM.
Respectfully submitted,
Jeannette S. Clark, Secretary
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