Newton Board of Appeals
P.O. Box 378
Newton, N.H. 03858
MINUTES: Meeting of Tuesday, 2009.June 16
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, Alternates: Charles Melvin, Sr.
and Ken Pelletier.
Guests: Ronald Pica, Applicant, Attorney John Ryan, Harry Mildonian, Robert Peterson, Robert Johnson, Gene Tolman, Nancy Slombo (Conservation Comm.), Pat Warsar (Conservation), Karen Finn, B. & J. Cheney, Marie Tolman, residents of Wenmark Road…
Dennis Quintal, Patrick McDonough, Jameson Fitzpatrick, Patti Fitzpatrick, Barbar White, Jody Baronian, Jay Baronian, Joe McGonagle, David Hardy, Marcel Filimon, Craig Jackson, Nicole Jackson, Karin Johnson, Brian Hawlett, residents of Walnut Farm Road.
ACCEPTANCE OF MINUTES: Meeting of May 19, 2009. A motion was made by Mr. Kozec to accept the minutes as written. Second by Mr. Allison. Mr. Cardoso requested the change of one word (New Business, B). The word “hearing” should be used instead of the word “meeting”, for clarification. He explained that it should all be done at one Hearing. Everyone agrees on the change. 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.
Attorney Ryan introduces the request and asks Mr. Pica to
Explain to the Board his request for 15 new units.
The Board asked Attorney Ryan if he had submitted the copy of the new “Variance Standards” (Criteria) that the Board had given Mr. Pica at the last meeting. Attorney Ryan and Mr. Pica insisted that they were going by the new standards through this whole process. It was discovered that Mr. Pica and Attorney Ryan did not realize that Mr. Pica had received information on these standards, but not the official form printed in the Application after the change was made.
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Mr. French explained that, according to counsel, there was new terminology, and he advised the Board to make the necessary changes in the Application so that there would be no vague terminology or interpretations, and no reprisals.
The Board expressed that it did not wish to hear any lengthy explanations of the same materials, they were just going to review the new “Variance Standards”. Since Attorney Ryan had not yet seen or filled out the new format, he was given a copy.
At 7:45 PM, Mr. French made a motion to continue this ReHearing at the July 21, 2009 meeting. Mr. Cardoso seconds. Motion carries.
- The next ReHearing was to be Mr. Peterson, as the voice of the residents of Wenmark Road. At this point, he had a few questions…but then agreed to be heard next month also.
Mr. French made a motion to continue this ReHearing to the July 21, 2009 meeting. Second by Mr. Allison. Motion carries unanimously.
Explanations were given to the Abutters and other guests.
Mr. Peterson requests to see the Variance Standards submitted by Attorney Ryan, when they come in. Attorney Ryan says the form will be in by the middle of next week. The Board agrees to share them with Mr. Peterson.
The next hearing began at 7:50 PM.
`C. 125 Development NH Corp.
Coleman McDonough, President
P.O. Box 532
Plaistow, NH 03865
For property: Map #014-01-027-4
Newton, NH 03858
The Applicant is requesting a variance from Newton Zoning Ordinance, Section XIII, Paragraph 1: Location on Lot. The request is to reduce the dimensional requirement of the 200’ setback to 90’ in the area which abuts the residential lots of the Walnut Farm subdivision.
A presentation was made by Mr. Dennis Quintal, of Civil Construction Management. He reviewed, with the Board and the Abutters, the topographical maps he had brought with him to help everyone understand all the circumstances. He also reminded the Board and the Abutters that, one year ago, they had been granted a setback from the 200’ to 60’ on Lot 1.
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He also reminded everyone that they were requesting a 90’ setback rather than the 200’ required measurement. Mr. Quintal thought it was rather odd that the Planning Board had had no problem on the other side, where the variance was to go to 50’.
Mr. Quintal reviewed the Variance Standards.
Jody Baronian of 21 Walnut Farm Road, explained her thoughts on the matter of 50’ setback on the other side – those properties were not yet occupied. She explained that when they had bought their property, they knew that there was a 200’ setback. People purchasing property in that area were all told there was a 200’ setback. No one was there to object to the 50’ setback on the other side, since those parcels had not been sold. (She also stated that the Town needs a “Noise Ordinance”)
Barbara White, a member of the Newton Planning Board, explained the reasoning behind the decision of the Planning Board.
Mr. Pelletier interrupted…stating the “everyone should have the same level of protection!”
Jameson Fitzpatrick (Lot 6) of 15 Walnut Farm Road, read a Petition that the residents of Walnut Farm Road had signed. He then presented it to Chairman McElroy.
Mr. Fitzpatrick said that the prior discussion on the setback being 250’ was not valid…that was 250’ from the houses, not the property lines. He stated that there were other reasonable options. He also stated that when he had purchased his property, he had done so knowing that there was a 200’ setback. He said that all the Abutters were here to protect their investments…
Mr. Fitzpatrick also stated that on the Application it stated that “a certified plot plan drawn by a licensed engineer” had to be provided. Also, that this plan must have “the proposed structure, including foundation, roof overhang, and fascia” drawn in by the engineer, not the Applicant”. According to Mr. Fitzpatrick, since these were not provided (a necessary part of the Application), there should be no variance hearing.
Mr. French explains that the overhang, and the other measurements were required for residential buildings, not commercial.
Mr. Melvin reminds everyone that a “fire lane” will no doubt be required also.
Nicole Jackson, 18 Walnut Farm Road, comments that Mr. Quintal seems ready to negotiate size and position of the building already.
Craig Jackson, 18 Walnut Grove Road, states that there is no intent shown on paper. There is nothing definitive about this building, The Abutters need to see plans on paper.
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Mr. Allison inquires as to where the Parking Lot will be. Will the busy area be closer to the property line?
Mr. Quintal replies that for several reasons, the desire was to have the parking lot on the other side.
Mr. Pelletier reminds everyone that businesses will change with time. Any new business coming in could make undesirable changes. These need to be addressed beforehand.
Mr. Jackson inquires if there are any Ordinances or laws regulating use, times of operation, etc.
There are none, was the common reply.
Mr. Quintal said that there would be a Site Plan review with the Planning Board.
Mrs. Baronian said that there is not enough information on what will be going in there for anyone to make a decision or a compromise.
Mr. Pelletier explains contingencies.
Mr. Jackson wants to know the size of the building.
Mr. Quintal replies that he needs to know the size of the lot and the setbacks that he has to work with before he designs the building….any impervious surfaces… he needs numbers first… before the alteration of the terrain. At this point, he is limited to what can be done.
Mr. Allison inquires as to the necessary width of a fire road… maximum of 20’.
Mr. Melvin suggests a continuation and a Site Walk.
Mrs. Jackson shows concern with the size of the building and not knowing… She is told that this Board doesn’t decide those issues.
In reply, Mr. Quintal says that the full intent is to put the back of the building on the abutters side, not the parking area…
Mr. Allison adds that all this could be included in the wording of the variance…
Mr. Fitzpatrick still argues that Mr. Quintal did not come with the required plan.
Mr. French repeats that that is one of the differences between commercial and residential.
Mr. Quintal agrees that this is going to be a commercial building, not a residential.
He goes on to explain the general information on commercial buildings.
Mrs. Jackson wants to know what the setbacks were when Mr. McDonough bought the property????
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Mr. Kozec makes a motion to continue this hearing to the July 21, 2009 meeting, and to schedule a Site Walk. Second by Mr. Allison. All in favor. Site walk will be Sunday, June 28, 2009 at 3 PM.
Mr. Quintal offers to stake the property line at 90’ and also at the 200’ to make things easier for the Board and the abutters. Everyone is invited to do the Site Walk.
Hearing closed at 9:15 PM.
- Draft Purchase Policy information from Nancy Wrigley.
Chairman McElroy, noting that this Board does make purchases very often, said that he was available and would go to the meeting.
- The Board discussed the new policy “going green”. They decided that
agendas and minutes could be sent to them through e-mail. The only one having problems with this is Mr. Melvin, but it is only temporarily, as work is being done for the full use of his computer system. Board members gave the secretary their e-mail addresses.
OLD BUSINESS:
- Planning Board minutes were distributed.
- Distribution of Legislative Bulletins from the New Hampshire Municipal Association. The Board decided that it would be preferable to send these Bulletins via e-mail.
ADJOURNMENT: A motion was made at 9:25 PM by Mr. Kozec to adjourn. Seconded by Mr. French. All in favor! Motion carries.
Next meeting to be Tuesday, July 21, 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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