NEWTON BOARD OF APPEALS
P.O. Box 378
Newton, N.H. 03858
MINUTES: Meeting of Tuesday, November 18, 2008
CALL TO ORDER at 7:30 PM by Chairman Tom McElroy
ROLL CALL: Chairman Tom McElroy, Vice-Chairman Alan French, Dana Allison, Jack Kozec, Alternates Charles Melvin, Sr., and Ken Pelletier
Absent: Bradley Cardoso
ACCEPTANCE OF MINUTES: Meeting Of October 21, 2008. A motion was made by Mr French to accept the minutes as written. Second, Mr Allison. All in favor. Motion carries.
Abutters Present: Scott Herman
Also Present: Frank Gibbs, Kim Cooper, and Michael Maher
Mr Melvin was appointed as a voting member in the absence of Mr Cardoso.
All in favor.
NEW BUSINESS:
A. Michael Maher’s request for appeal from the decision made by the Zoning Board on October 21, 2008 (Applicant wishes to add a 5’ x 21’ farmers’ porch on the new structure being built at 46 Wilders Grove Road… Variances are needed for side lot lines and center of road.)
Mr Maher spoke to the Board about his request.
Mr Allison reminded him that he needed new information for a rehearing. There was no new evidence provided in the letter provided by him.
Mr Maher feels that the Board was convinced that the exaggerations of the Abutters unduly influenced the decision of the Board.
Discussion followed: septic, size of house (Mr Maher states that he has already removed 10 feet from the size that the Board had allowed him.)
Mr Kozec nad Mr Melvin both feel that there is no new evidence.
Mr Maher insists that he has had two new plans drawn up, one of which will certainly satisfy the Board. However, he did not bring the plans. He could go get them now….
The Board discusses the possibility of having a rehearing if , by Thursday (his 30 days), Mr Maher provides a new plan, with exact numbers, and the location & size (with measurements) of the new proposed porch.
Mr Allison makes a motion for a Rehearing, pending the receipt, on Thursday, of new certified plans and a revision of the Criteria. Second: Mr McElroy. Discussion.
Mr Melvin and Mr Kozec are both opposed, stating that the Board had offered Mr Maher several solutions (stairs on side, small landing, with small roof overhang).
VOTE: Three in favor, two opposed. Motion carries.
Mr Maher is to have these materials into Town Hall by Thursday, stamped with the date by the Selectmen’s Office.
Discussion ended at 7:55 PM.
B. Continuation of Public Hearing for: 125 Development NH Corp.
Coleman McDonough, Pres.
P.O. Box 556
Andover, MA 01810
1. For property owned on #2 Puzzle Lane, in Newton, NH 03858
Map #012-01-027-1
Public Hearing to act on the request for 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.
Mr Allison starts the discussion by telling everyone that the ‘Sprinkler Ordinance’ is a Selectmen’s Ordinance. He proceeded by reading RSA 674.33 (Powers of the Zoning Board of Appeals/Adjustment) to the audience. This states that the ZBA has no authority on anything but Zoning Ordinances. The ‘Sprinkler Ordinance’ is a Selectmen’s Ordinance, not a zoning issue.
Mr Allison makes a motion to close the Hearing on this case. Mr Kozec seconds.
All in favor. Motion carries.
2. For property owned on Puzzle Lane, in Newton, NH 03858
Map #014-01-027-1
Public Hearing to act on the request for appeal from Newton Light Industrial/Commercial Zone Area Regulations, Section XIII,
Paragraph 1. The Applicant is requesting two(2) variances from this dimensional requirement.
Mr McElroy shares the information that he was given at the meeting of the TRC on Monday, November 17, that he & Mr Allison attended. The first was a packet with the setbacks required for Industrial/Residential zones in 5 of the surrounding communities.
The Board reviewed these.
The second piece of information was a letter written by the only Abutter (600 feet away) to property (159 So Main Street), Scott Herman, in which he states that he is in complete support of this project. He and Mr McDonough (president) have done a walk through the properties, and they have come to an agreement.
Mr McDonough explains the situation with graphic charts. He feels that thjis type of situation should be treated on a case by case basis.
He also announced that he is working on a Warrant Article to be put before the Town in March 2009. This proposed Warrant Article will be on the changing of setbacks. It will also suggest a case by case basis.
Mr Allison states that last month he didn’t like this idea at all, but with all this new information: the requirements from other Towns, the letter from Mr Herman, and this new explanation, he felt that the Board should go over the Criteria. It was noted that Mr McDonough would be going back to the Planning Board again for approval.
The Board reviews the Criteria:
1. Would not diminish surrounding property values: All agree!
2. Would be of benefit to Public interest: All agree!
3. Denial of variance would result in unnecessary hardship: All agree!
4. Variance could do substantial justice: All agree!
5. Use not contrary to the spirit of the ordinance: All agree!
Having met all the Criteria, Mr Allison makes a motion to grant 2 variances from the dimensional requirements, in two locations:
1. the area which abuts Newton Tax Map 14, Block 1, Lot 7-1, proposing to reduce the 200’ setback to 30’ and reduce the 50’ buffer to 20’
2. the area which abuts Newton Tax Map 14, Block 1, Lot 5-1, proposing to reduce the 200’ setback to 166’.
with the following conditions:
1. that shaded Lights be used on the back of the building to protect the Abutter, Scott Herman, and
3. that a proper buffer and tree-topped berm be in place also to protect the Abutter, Scott Herman.
Mr Pelletier asked about the question of new owners of the property, should it be sold in the future… He brought to everyone’s attention that the wording should be changed to “ protect the Abutter at 159 So. Main Street.
Mr Allison agreed to this change.
The conditions would now read:
1. that shaded lights be used on the back of the building to protect the Abutter at 159 So. Main Street.
2. that a proper buffer and tree-topped berm be in place, also to protect the Abutter at 159 So. Main Street.
Second: Mr Kozec.
Vote: All in favor. Motion carries.
C. Letters from Attorney LaPointe re: Peterson vs Town of Newton.
Atty. Phoenix has withdrawn as Mr Peterson’s counsel. Mr Peterson will now represent himself in the matter.
Mr Pica has called to discuss the procedure for another appeal for variance…
D. Attorney LaPointe’s Invoice
E. Senate Bill 342
F. Right-to-Know Law
OLD BUSINESS:
1. Planning Board minutes….
2. Notice of Decision from Planning Board:
Re: Change of year to: Conditional Use Permit for Timothy Hajjar (T&M Property Management)
Paragraph stating that conditions shall be met on or before February 26, 2008.
There should be a correction? It should be 2009
3. Budget expenditures (to 10-31-2008)
Mrs Clark requests a new file cabinet. Mr Melvin said that he has one which he will gladly donate. Mrs Clark requested that it be brought into the back (Planning Board meeting room) office.
4. Mr Allison brings up the CBI variance on the Sprinkler system that the Board approved on August 19, 2008. He stated that the Board was in error to grant the variance. He also requested that a letter be sent to the Selectmen so stating, and that the Board realized that they (ZBA) had no authority in this case. His wishes were that the Selectmen affirm the decision of the Zoning Board of Appeals.
Mr Allison makes a motion to send a letter including this information to the Selectmen, with a copy of the Decision. Second: Mr French. All in favor. Motion carries.
ADJOURNMENT:
A motion was made at 8:35 PM by Mr Allison to adjourn. Seconded by
Mr Kozec. All in favor! Motion carries.
Next meeting to be Tuesday, December 16, 2008 at 7:30 PM.
Respectfully submitted,
Jeannette Clark, Secretary
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