Newton Board of Appeals
P.O. Box 378
Newton, N.H. 03858
MINUTES: Meeting of Tuesday, May 19, 2009
CALL TO ORDER at 7:32 PM by Chairman Tom McElroy
ROLL CALL: Chairman Tom McElroy, Vice-Chairman Alan French,
Dana Allison. Jack Kozec, Alternate: Charles Melvin, Sr.
Absent: Bradley Cardoso & Alternate Ken Pelletier
GUESTS: Ron Pica, Harry Mildonian, Rob Peterson, Cliff McNeal, Jay Montoni, Nancy Slombo, Bob Johnson, Ralph & Cynthia Wilson, Annie Collyer, Jim Baker, Gus Medeiros. Two other gentlemen arrived during the meeting. No names were given to the Board.
Mr. Melvin was made a voting member in the absence of Mr.Cardoso. All in favor.
ACCEPTANCE OF MINUTES: Meeting of April 21, 2009. A motion was made by Mr. French to accept the minutes as written. Seconded by Mr. Kozec.
Motion carries.
NEW BUSINESS:
A. Discussion of Motion for ReHearing for Ronald J. Pica, Sara Realty LLC,
Whispering Pines Campground, 8 Wenmark Road, Newton, N.H. 03858
(map #05-001-05)
Appeal from Town of Newton Residential Zoning Ordinance for Expansion of Non-Conforming Uses, Section XIX, Paragraph 2: The Applicant is requesting a variance in order to add 15 additional sites to the Whispering Pines Campground.
Mr. Pica made a few comments, stating that all materials and all studies have already been submitted. He had nothing new to add.
Chairman McElroy interrupted at this point, and told the audience, that as a result of inquiries on interpretation of the Criteria being used, Attorney Sumner Kalman had discussed with the Board the updated version of the Criteria required by the State. He advised the Board to begin use of the newly worded Criteria, and the revised format immediately. Anything other could be challenged.
(RSA 674:33 page 513 in the 2008-2009 edition of New Hampshire Planning and Land Use Regulation).
Copies were distributed to Mr. Pica, Mr. Peterson, and some of the Abutters.
There were some questions and some discussion.
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Mr. Kozec made a motion to grant a ReHearing to Mr. Pica on June 16, 2009, using the new Criteria. Second by Mr. French. Motion carries.
B. Mr. Allison made a motion to grant a ReHearing for Mr. Peterson & the Abutters at the same meeting on June 16, 2009, using the new Criteria. Second by Mr. Melvin. Motion carries.
More discussion and clarification.
Mr. Baker has a question regarding the new Criteria wording. He wanted to know if there were precedents, or guidelines.
Mr. Mildonian questioned the source of these materials (RSA 674:33 page 513 in the 2008-2009 edition of New Hampshire Planning and Land Use Regulation). These regulations are amended and enacted by the State General Court. These were amended and reprinted in December 2008.
- Timothy Hajjar’s request to be rescheduled to June’s meeting…
After some discussion by the Board, it was decided that Mr. Hajjar should be sent the new Criteria and told that his hearing would be rescheduled to the July 21, 2009, meeting. That this would be the final date of rescheduling.
Motion was made by Mr. Allison to reschedule Mr. Hajjar to the July meeting, and that this would be the final rescheduling. Second by Mr. Kozec. Vote: 4 for, 1 opposed (Mr. Melvin).
OLD BUSINESS:
- Planning Board minutes were distributed, and 2 Legislative Bulletins from the New Hampshire Municipal Association.
- Signing of 2 Town Policies (Fraud Policy, and Fitness for Duty Policy).
Mrs. Clark collected those who signed, and will turn them in to Mrs. Wrigley.
ADJOURNMENT: A motion was made at 7:55 PM by Mr. Kozec to adjourn. Seconded by Mr.French. All in favor! Motion carries.
Next meeting to be Tuesday, June 16, 2009 at 7:30 PM in the Town Hall.
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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