Newton Board of Appeals
P.O. Box 378
Newton, N.H. 03858
MINUTES: Meeting of Tuesday, July 15, 2008
CALL TO ORDER at 7:30 PM by Vice-Chairman Alan French
ROLL CALL: Vice-Chairman Alan French, Bradley Cardoso, Jack Kozec, Alternates: Charles Melvin, Sr., Ken Pelletier.
Absent: Chairman Tom McElroy & Dana Allison.
Mr Melvin & Mr Pelletier were made voting members in the absence of Mr McElroy and Mr Allison. All in favor.
ACCEPTANCE OF MINUTES: Meeting of the June 17, 2008. A motion was made by Mr. Kozec to accept the minutes as written. Seconded by Mr. Cardoso.
Motion carries.
Also Present: S. McSweeney & Jay McSweeney (28 Wilders Grove Rd), Deb Richard, (26 Wilders Grove Rd) Jennifer Blake, Brian David, Anders Ragnarsson, Nick Cricenti, Attorney Alec McEachern, Nancy Slombo, and Cheryl Killam (interested resident).
PUBLIC HEARING: Jennifer A. Blake
26 Wilders Grove Road
Newton, NH 03858
Map #002-004-028
This was a request for appeal from Newton Residential A Zoning Ordinance, Section V, 3 dealing with location on lot & requiring 25' setbacks and Section XVI, the Wetland Zoning Ordinance.
The Applicant explained the Plans to the Board. She explained that DSS had been out and approved the site for a 12’ (from the house) deck, but not the 16’ for which she had applied.
The Board told her that the plans presented were not acceptable. The deck and all measurements must be put on the plan by the certified engineer. They also advised her that the Criteria needed to be rewritten. She needed more than 1 variance, possibly 4, possibly 6.
Mr Kozec made a motion to continue this hearing at the next meeting, August 19, 2008. Mr Melvin seconded. Vote: Unanimous. Motion carries.
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Abutters, Mr & Mrs McSweeney, request to see the plans. They are very much concerned with the obstruction of their view. Ms Blake and Mr French try to explain.
Hearing closed at 7:50 PM.
PUBLIC HEARING: Continental Real Estate, LLC
22 Whittier Street
Newton, NH 03858
The Applicant was requesting appeal from the Ordinance requiring a certified sprinkler system to be installed in all new commercial and industrial buildings and/or units thereof which have a square foot area of 5,000 feet or more.
This had been voted on in 2005 by Town, but no one ever amended the Ordinance It was nowhere to be found, except the 2005 ballot.
Attorney Alec McEachern, representing CBI & Continental Real Estate, explained the variance and the reasons for building this 15,400 sq. ft. warehouse.
Mr Nick Cricenti, President of the Fire Protection Engineering firm, out of Manchester, NH, spoke about the building. He stated that it was not manned, and that it would be used to store steet, no flammable materials. Rather than a loading dock, it would be enclosed, for safety reasons. State Building & Fire Codes do not require sprinklers in such a warehouse.
Since Chief Ingalls was not present, the Board requested that he be called to see if he could possibly join the meeting. Mr Pelletier called. The Chief could not be present.
Mr Pelletier inquired about the electrical (not that a sprinkler system could put it out anyway). The electrical would be exterior-mounted and the lights suspended, 21’ on high end, and 16’ on low end. There would be large warehouse doors through which they could bring in materials and equipment.
The Board requested that they be given a more complete analysis, including types of materials to be brought in, the partitions in this building to be sure that fire, gases, or explosions would not travel, measurements, etc. The Board said that this could be done by letter. Attorney McEachern repeated the request for the contents of this letter to come from SFC Engineering, which had done the plans.
The Board also said that it was of utmost importance that Chief Ingalls be at the meeting next month. They requested that Mrs Clark write to him. A letter might be acceptable.
Mr French read a letter to the Board from Pan Am Railways, Inc. They are concerned about encroachment on the land in the area near the tracks. This also needs to be addressed by the Engineering firm.
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Attorney McEachern requested a meeting with the engineer and Mr Ragnarson.
Since the owner is meeting with the Planning Board at the end of the month, & the next meeting not till August 19, they are concerned with the timetable open for construction.
They discussed having the Building Inspector give them a permit for each level of construction. They could begin with a foundation permit, and go on from there. They could then discuss the sprinkler system at a later date.
Attorney McEachern inquired if the Board scheduled ‘special meetings’.
Mr Kozec made a motion to continue this hearing to next month, Tuesday, August 19, 2008. Seconded by Mr Pelletier. Vote: unanimous. Motion carries.
Nancy Slombo requested that the Board specify that no wood be allowed in this building. The Board agreed.
Mr French then asked if there were going to be any fire prevention stations. Extinguishers. Mr French requested that existing stations be noted on the plan also.
Mr Kozec was interested in doing a site walk. The hours of CBI are 8 AM – 5 PM, Monday – Friday. They were welcome to do so. A tour could also be set up for them. Mr Kozec would get back to Board members & Mr Ragnarsson about time of visit, so it could be scheduled.
Hearing closed at 8:25 PM.
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NEW BUSINESS: Invoice from Attorney LaPointe
OLD BUSINESS: Review of Planning Board minutes
ADJOURNMENT: A motion was made at 8:30 PM by Mr Kozec to adjourn. Seconded by Mr Cardoso. All in favor! Motion carries.
Next meeting to be Tuesday, August 19, 2008 at 7:30 PM.
Respectfully submitted,
Jeannette Clark, Secretary
Copies: Selectmen, Planning Board, Building Inspector, Fire Chief, Police Chief, Road Agent, Health Officer, Board Members
Posted: Newton Town Hall, Newton Post Office, Newton Junction Post Office
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