Newton Board of Appeals
P.O. Box 378
Newton, N.H. 03858
MINUTES: Meeting of Tuesday, April 21, 2009.
CALL TO ORDER at 7:30 PM by Chairman Tom McElroy
ROLL CALL: Chairman Tom McElroy, Vice-Chairman Alan French,
Dana Allison, Bradley Cardoso, Jack Kozec, Alternate: Charles Melvin, Sr.
Absent: Alternate: Ken Pelletier.
Guests: Mr. Ronald Pica, Applicant, Mr. Robert Peterson, Robert Johnson, Augustine Medeiros, residents of Wenmark Road…
ACCEPTANCE OF MINUTES: Meeting of March 17, 2009. A motion was made by Mr. Kozec to accept the minutes as written. Second by Mr. French.
Motion carries.
NEW BUSINESS:
- Motion for ReHearing from Attorney Ryan:
Re: Ronald Pica, Sara Realty LLC, Whispering Pines Campground,
8 Wenmark Road, Newton, NH 03858 (Map #05-001-05) seeking a variance in order to create additional sites to the campground.
Being present, Mr Pica was invited to make a few comments. He read and explained from the letter of Attorney Ryan, and his request for 15 new units. Six (6) units, of the 38 requested originally, had been accepted by the Court…Any other units were remanded to the Board of Appeals…After the Court case, Mr. Pica decided to lower his request from 32 to 15 additional sites.
He also stated that the Board had all the results of studies done in this matter. Also, since he was relocating 3 of the old sites, all of the sites would be more than 700 feet away from any of the residents.
Mr. Pica also reminded the Board that the Entrance/Exit gates were located before coming to any of the residents’ homes.
Mr. Melvin felt that there was no new evidence submitted.
Mr. French felt that there was no reason that the Board needed to make a decision on the rehearing of this matter (again) tonight. He felt that the Board needed to review the terminology, and to seek the opinion of their Attorney.
Mr. Kozec also agreed that there was no new information that he could see.
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Mr. Allison agreed also. Some felt that the Supreme Court thought that the Board had erred in its original decision.
Board does not want to keep this hearing going on and on forever.
- Mr. Peterson, as the voice of the residents of Wenmark
Road, was pleased that the Board was discussing sending the ordinance interpretation to Counsel… and that he had no objection to reconvening at a later date.
Mr. French made a motion to take a month’s delay to take this to legal Counsel to look into the legal interpretation (terminology) of the Criteria. Second by Mr. Kozec. Motion carries unanimously.
Mr. Pica requests copies of Mr. Peterson’s requests.
Mr. Cardoso does some research in the “New Hampshire Planning and Land Use Regulations”… He discovers that the statute wording is different from the wording on the Town Criteria…
The Board requests that the secretary write a letter to the Town Attorney to see if he can represent the Board, and also to request his interpretation of the matter.
The Board also requests that the secretary redo the list of “Criteria”, using the new terminology, and change that section in the Applications. Also, that Mr. Tim Hajjar should be sent a new version of the Criteria.
Mr. French makes a motion to have a Work session on Tuesday, May 12, at the usual time (7:30 pm) in whichever room would be available in the Town Hall.
Second: Mr. Allison. Motion carries unanimously.
Mrs. Clark will not be available for that meeting, so the Board members agreed that someone from the group would take notes and give them to her.
C. Tim Hajjar should be ready and scheduled next month…
Mr. Allison makes a motion to keep the same slate of Officers. Second: Mr. Kozec. Motion carries unanimously.
OLD BUSINESS:
A. Planning Board minutes were distributed
- Distribution of four (5)Legislative Bulletins from the New Hampshire Municipal Association.
C. Reminder of the 16th Annual Planning & Zoning Conference, May 2, 2009, at the Radisson Hotel in Manchester.
D. Other workshops in May and June
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ADJOURNMENT: A motion was made at 8:15 PM by Mr. Kozec to adjourn. Seconded by Mr. French. All in favor! Motion carries.
Next meeting to be Tuesday, May 19, 2009 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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