Newton Board of Appeals
P.O. Box 378
Newton, N.H. 03858
MINUTES: Minutes of Tuesday, November 20, 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, Bradley Cardoso, Jack Kozec, & Alternates Charles Melvin and Kenneth Pelletier. Absent: Dana Allison
Mr Melvin was made a voting member in the absence of Mr Allison.
ACCEPTANCE OF MINUTES: Meeting of October 16, 2007. A motion was made by Mr Kozec to accept the minutes as written. Seconded by Mr Cardoso. Vote: all in favor. Motion carries.
CONTINUATION OF HEARING FOR: Christopher & Jeanette Cattan
56 Wilders Grove Road
Newton, NH 03858
Map # 002-03-021
Discussion on ½ bath… Applicant stated that this ½ bath was no longer part of the plan, that he had no intention of putting it in.
Discussion of new plans…and review of former plans. The Board was very unhappy with the new plans. Measurements had not been adjusted from the overhang, but the main body of the structure, and the Board could not allow them to be changed here & now. It is necessary to have it done by the engineer, even though it appears to be only a matter of subtraction. For the convenience of the Applicant, Mr Kozec makes a motion to continue this hearing to next Tuesday, at 7 PM (11-27-07). Mr Melvin seconds the motion. All in favor. Motion carries. (Mr French does not expect to be available).
PUBLIC HEARING FOR: Paul Nichols
For property owned by Wilbur & Donna Burnham
72 Wilders Grove Road
Newton, NH 03858
Map # 002-04-005
Mr Nichols, surveyor, was requesting a rehearing on the Decision of the Board for one of the variances received by the Burnhams on August 21, 2007. There had been new findings in the field since the variances had been granted. The measurement to the center of the road was actually 38’, not 50’ (measured from the overhang). This meant only #1 needs to be modified.
Mr French made a motion to modify the decision of the Board for Donna & Wilbur Burnham of 72 Wilders Grove Road, as shown on Plan Job 748A-05 to show one part of the building 1 foot closer for a total of 38 feet from the center of Wilders Grove Road. The southeast corner of the building would not encroach closer than 38’ to the center of the road. Second by Mr Kozec. All in favor. Motion carries.
Mr French makes a motion to close the Hearing. Second by Mr Kozec. Motion carries.
CONTINUATION OF HEARING FOR: Ronald J. Pica, Sara Realty, LLC
Whispering Pines Campground
8 Wenmark Road, Newton, NH 03858
Map# 005-01-005
Abutters present: Rob Peterson, Gus Medeiros, Brian Cheney, David Tremblay, Robert Johnson, Jim Baker, Reese Baker.
Also present were Kim Pettit, Chair of the Planning Board, and Mr Gibbs, from the Department of Public Works.
The question for this evening was “Is it, or is it not, a natural expansion?”
Rob Peterson, representing the residents of Wenmark Road presented the statistics on the growth of the campground from 1968 to present day (a growth of 368%).
The Board realizes that they must find error on all elements to overturn the decision of the Planning Board.
Mr Peterson submits a copy of a letter from Reuben Hull, from Civil Design Engineering Consultants, LLC (dated March 27, 2007) and a letter to Attorney Ratigan (representing the Planning Board/Whispering Pines Campground) from Attorney Ryan (dated April 13, 2000). He also submitted his own agenda as representative of the residents of Wenmark Road.
Mr Pica requested to give a Rebuttal. He presented a deposition letter filed by Mona Spaulding in 1999. (Mr Peterson said that it was not recorded in the Registry of Deeds. He had checked.) Mr Pica the presented a Conservation Plan, which he said Mr Melvin requested. He is willing to work with the Conservation Commission.
Bob Johnson states that he has lived there long before Mona Spaulding sold the campground. There were not 38 sites there.
Kim Pettit discussed how the Planning Board reached their decision. They felt that it did not respect the nature of the use. That it was only to increase density…and it’s a substantial density increase (50%). (See Town Ordinance Section XIX, 2, on the Expansion of Non-conforming Uses).
Discussion on which Criteria to use, the State’s or the Town’s. Decision, the Town’s.
Mr Peterson, who has done much research, states that natural expansion refers to new technology, not density.
Mr Melvin suggests that Mr Pica go before the Town with a Warrant Article. This would allow the Town to make the decision. He also made everyone that Sara Realty is in the process of suing the Newton Fish & Game Club, as this is a noise disturbance to neighbors. Isn’t the campground also a disturbance to the neighbors?
Ms Pettit reminds the Board that they need to find error in the conclusions of the Planning Board. See Planning Board minutes of 6-12-07. There would be a great impact on the neighborhood.
Dave Tremblay of 24 Wenmark Road relates to the Board how campers continually cut through his property to get to and from the campground. He also states that the man in the closest camp to his house had exposed himself in front of Mr Tremblay’s family by urinating on his property. Mr Pica denies this.
Discussion on density: new things being added, not on same footprint (where sites have already been).
The Board reviews the 3 Town Criteria on the Expansion of Non-conforming Uses:
1. The expansion does not change the nature of use… All agree.
2. The expansion does not make the property proportionately less adequate…
3 agree/ 2 disagree…
3. The expansion does not have a substantially different impact on the neighborhood… 2 agree/ 3 disagree…
Mr Melvin reminds the Board that all 3 did not pass; therefore, this is not a natural expansion.
The next step is Mr Pica’s request for variance, which he had submitted at the same
time as his request to reverse the decision of the Planning Board.
Mr Pica suggests a Continuation since it is getting late. The Board agrees. Mr Kozec makes a motion to continue the hearing at the December meeting. Second by Mr Melvin. All agree. Motion carries.
NEW BUSINESS:
1. Master Plan – Capital Improvements Chapter… The Board decided that the Secretary should send this back with N/A written on the front.
2. New hours for Department of Building Safety
3. 2007-2008 Zoning Ordinance Amendment Schedule
4. Notice of conference from DT&C (town attorney’s office):
“Consequences of Land Use Policy: Why and How NH Communities Can Grow Smart”
OLD BUSINESS:
1. Review of budget through October 31, 2007
2. Planning Board minutes (10-9 & 10-23)
ADJOURNMENT: A motion was made at 10 PM by Mr French to adjourn.
Seconded by Mr Kozec. Motion carries.
Next meeting to be Tuesday, December 18, 2007 at 7:30 PM.
REMINDER: EMERGENCY MEETING Tuesday, November 27, 2007 at 7 pm.
Respectfully submitted,
Jeannette S. Clark, Secretary
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