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June 17, 2008 Board of Appeals Minutes
Newton Board of Appeals
P.O. Box 378
Newton, N.H. 03858

MINUTES: Meeting of June 17, 2008

CALL TO ORDER: at 7:30 PM by Chairman McElroy.

ROLL CALL:  Chairman Tom McElroy, Vice-Chairman Alan
                        French, Bradley Cardoso, Jack Kozec.            
Dana Allison, Alternate Charles Melvin,Sr.
Absent: Ken Pelletier, Alternate

ACCEPTANCE OF MINUTES:  Meeting of May 20, 2008.  A motion was made by Mr French  to accept the minutes as written.  Seconded by Mr Allison.  Motion carries.

PUBLIC HEARING FOR:  Matthew Minghella
                                9 Fernwood Drive
                                Newton, NH  03858
                                        (Map #013-05-001-5)
There were no abutters present.
Mr Minghella explained his request… Questions from the Board… Discussion.
Mr French, not happy with the Plan presented, decides to abstain.
Review of Criteria:
1.      All OK
2.      All OK
3.      location on lot doesn’t allow for expansion of footprint,,, All OK
4.      All OK
5.      Increase property taxes???  Neighbors all have similar decks.. All OK

Mr Allison makes a motion, that since all 5 Criteria were met, that they grant 3 variances.
Discussion.
Motion withdrawn.   New motion:
Mr Allison makes a motion, that since all 5 Criteria were met, that they grant a
2 ½ foot variance for the new deck expansion, as shown on Plot Plan prepared by Ryan W. MacDonald, of Ashland, NH, May 28, 2008.  Second: Mr Kozec.
All in favor.  1 Abstention.  Motion carries.
Mr French explains that the entire deck, floorboards, caps, fascia, must be within the 2 ½ feet granted by this variance.  
Chairman McElroy explains the 30-day period in which this decision may be challenged…
Mr Minghella told that he must again go for a building permit, with the Notice of Decision that he would receive.


2

NEW BUSINESS
1.      Each member of the Board received a copy of the 2008 Zoning Ordinances  
2.      Review & discussion of Proposed Regulation Changes/Additions
3.      July meeting – discussion of the possible CBI request (assumed it would be about the sprinkler system regulation, which they cannot change)… There should be a quorum (2 Board members knew they would be absent)… Mrs Clark explained that she would be on vacation at the beginning of the month, when the Applications came in.  It was suggested that she call Attorney McEachern, Representing CBI, to see if they would go for August…and if not, then she should contact Mrs Babcock, Planning Board Administrative Assistant, to see if she could do the legal ad, Certified mailing and other necessary forms in her absence.

Old Business:   
1.      Review of Planning Board minutes
2.      Questions on when the Peterson vs. Town of Newton case would be heard….  

ADJOURNMENT: A motion was made at 8:15 PM by Mr Kozec to adjourn.  Seconded by Mr French.  Motion carries.  Next meeting to be July 15, 2008 at 7:30 PM.

Respectfully submitted,

Jeannette S. Clark, Secretary