Newton Board of Appeals
P.O. Box 378
Newton, N.H. 03858
MINUTES: Meeting of March 18, 2008
CALL TO ORDER: at 7:30 PM by Chairman McElroy.
ROLL CALL: Chairman Tom McElroy, Vice-Chairman Alan
French, Bradley Cardoso, Jack Kozec.
Absent: Dana Allison, and & Alternates Charles Melvin,Sr. & Ken Pelletier.
ACCEPTANCE OF MINUTES: Meeting of February 19, 2008. A motion was made by Mr French to accept the minutes as written. Seconded by Mr Kozec. Motion carries.
NEW BUSINESS: Motion for ReHearing on Section 3 of “natural expansion” requested by Mr Peterson (& Abutters of Whispering Pines Campground) … This issue was rescheduled, at the last meeting, to this month.
There were 3 Abutters present. Mr Pica, of Whispering Pines Campground, was also present.
Board members reviewed the material and discussed the issue. All members agreed that there is no new information.
A motion was made by Mr Kozec to deny a rehearing since there is no new evidence. Second by Mr French. Motion carries unanimously. Rehearing is denied.
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PUBLIC HEARING: Continental Real Estate, LLC
22 Whittier Street
Newton, NH 03858
Map #006-13-002
Request for appeal from the Access Management Ordinance XXV(35), Section X, Paragraph A (3 a, and 4 a) dealing with Access Connections. (see page 77 of Zoning Regulations). The Applicant proposes to create a new access way from Whittier Street.
Present were Attorney Alec McEachern, Jeff Murray (Engineer), Mr Andres Ragnarsson, and several Abutters.
Atty McEachern explained that Continental Real Estate owned contiguous parcels of land, but that there was no access to one of these lots, the back one.
Mr Murray, the engineer, explained the situation at 22 Whittier Street. They are proposing expansion of the business in the future. This expansion will add Office space, working areas to be changed, new and safer parking areas, and a new access road for the employees safety. At this time, they have an Application before the Planning Board, for a lot line adjustment. This would allow 400 feet of frontage for the back lot. They would
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also keep the existing driveway for the trucks. They are also awaiting a meeting with the DOT. This coming Thursday, they have a meeting with the Conservation Commission about an easement crossing over the wetlands.
He also explained that there would be no need for a variance, if the land were owned by two individuals. At this time, the owner, Continental Real Estate, owns both lots.
Questions from Board members.
Attorney McEachern explains that there are about 100 employees. They would like to be sure of their safety. The future expansion is necessary to enhance the viability of this back lot. At this time, a variance is needed to have 2 driveways, and to have 2 conforming lots. The Planning Board will decide on the lot line adjustment. This was their suggestion as it is the same owner for both parcels.
More discussion, questions, and measurements. The Board inquired as to whether they were doing this for the possibility of selling the back lot. They replied in the negative.
Mr Ragnarsson explains the noise factor for the abutters. This back lot, having an access, would allow the moving of the grinding noise that could be annoying the abutters. It is also a safety move for the employees who often have to cross the road when there are big vehicles in the area. The lot line adjustment will allow the back lot to have the frontage necessary for access and development.
The Abutters were given the opportunity to make comments:
Ann Byers spoke in favor of the variance for the company
Bob Marchand was also in favor, especially if the proposed expansion will help with the noise… and will not have negative effects on their water supply.
Nancy Slombo, who owns 2 abutting properties, and also a member of the Conservation Commission, has no problem with a new access. She suggested planting trees along the roads to act as a sound barrier. Everyone was in favor of that suggestion.
There will be 700-720 feet between the proposed driveways. The engineer said that this would not make it a bad traffic situation for anyone. Hours of operation of Continental Biomass Industries, Inc., are 6 am to 5 pm.
Fire Chief Bill Ingalls had no comment or objection.
Mr Murray added that the planning Board liked the idea of a second access.
Review of the Criteria.
Members voted on the Criteria.
1. Surrounding properties will not be diminished – Criteria satisfied
2. Not contrary to public interest – Criteria satisfied
3. Special conditions of the property – Criteria satisfied.
4. Substantial justice – Criteria satisfied
5. Not contrary to spirit/intent of ordinance – Criteria satisfied.
Mr Cardoso made a motion to grant the variance to Continental Real Estate, LLC, from Zoning Section XXXV (35), Section X, Paragraph A (3a & 4a), to allow not more that 1 driveway per contiguously owned parcel, as shown on plans drawn by CMA Engineers of Portsmouth, NH, Project Number 687, dated February 2008. Second by Mr French. All in favor. Motion carries.
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Chairman McElroy explained the 30-day period to appeal.
Mr French made a motion to close the Hearing. Second by Mr Cardoso. All in favor. Motion carries.
Old Business:
1. 15th Annual Spring Planning & Zoning Conference to be held Saturday, April 26, 2008, at the Center of NH, Radisson Hotel, Manchester. Last chance to sign up!
2. Review of Planning Board minutes – none this month
3. Memo from Rick Bailey, Newton Recreation Commission, informing everyone that the Town Beach is for use by Newton Residents only.
4. 2008 Budget expenditures through February 29, 2008.
ADJOURNMENT: A motion was made at 8:30 PM by Mr French to adjourn. Seconded by Mr Cardoso. Motion carries. Next meeting to be April 15, 2008 at 7:30 PM.
Respectfully submitted,
Jeannette S. Clark, Secretary
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