Newton Board of Appeals
P.O. Box 378
Newton, N.H. 03858
MINUTES: Meeting of Tuesday, July 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: Ken Pelletier.
Absent: Alternate Charles Melvin, Sr.
Guests: Ronald Pica, Applicant, Attorney John Ryan, Robert Peterson, Robert Johnson, Gene Tolman, Karen Finn, Brian & Jean Cheney, Marie Tolman, David Tremblay, D. McLaughlin, residents of Wenmark Road… Cynthia & Ralph Wilson, James Baker, Anne Collyer, Tully Zipkin Taxpayers on Country Pond.
Coleman McDonough, Applicant, Jameson Fitzpatrick, Joe McGonagle, David Hardy,Craig Jackson, Nicole Jackson, residents of Walnut Farm Road.
ACCEPTANCE OF MINUTES: Meeting of June 16, 2009. A motion was made by Mr. Kozec to accept the minutes as written. Second by Mr. French. Motion carries.
PUBLIC HEARINGS:
A. 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.
Mr. McDonough began with an apology to the Board members for the site-walk that
Had been set up with the Board, but did not occur, since the Applicant had no one there to represent him and go over the boundaries with the Board members and Abutters. It was a miscommunication.
He assured the Board that now the area in question was all staked out. He invited everyone to choose a new date for a site-walk. The date for the new walk will be
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Thursday, August 6, 2009, at 6:30 PM. Everyone will meet at the site. Mr. Cardoso requested a plan of the area, with the proposed building indicated. Mr. McDonough said that he would provide a starting, as the building size could shrink.
He is in the process of dealing with the “cease & desist”.
Mr. Allison makes a motion to Continue the Hearing to next month. Second by Mr. Cardoso. All in favor. Motion carries.
- ReHearing for 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 runs through the history of the property and the August 26, 2008 decision of the Court to remand the Applicant’s request to the Newton Zoning Board of Appeals. He explains that the Applicant is only asking for a net increase of 15 sites. Attorney Ryan referred back to the decision of the Board on March 17, 2009, when, in the review of the Criteria, there had been 3 affirmative votes, and the votes on the remaining 2 criteria were tied, with no one to break the ties. That is the reason that they are pursuing the issue.
Attorney Ryan then asks Mr. Pica to explain to the Board his request for 15 new sites. He informs the Board of the removal/replacing of the 3 sites that were given to him by the Court.
Mr. Pica provided the Board members with a “Site occupancy” showing that there is an average of 2/3 people per site. He then discussed the issue of the Cyanobacteria, which comes to the pond each year. He attributes this problem to leaching fields that are below the seasonal high-water levels of the pond, He states that his leaching fields are 950 feet from the pond, and the new sites would be 750 feet from the nearest abutter.
He has owned this property since 1999, and has done many improvements. The campground has had only one campfire complaint since he took ownership. Quiet time begins at 10 PM. There have been no motor vehicle infractions, no police calls, no old campers are allowed, no one is allowed to do mechanical work on boat motors, and there are very few launchings, especially when there are people on the beach.
Question and discussion on Lot 2/2-11, a triangle of land that is not on his deed. Mr. Pica states that this has no effect on the campground and its operation.
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Mr. French suggests that Mr. Peterson be allowed to make his presentation at this time, so that the Board does not have to start the process of the hearing all over again with the Abutters’ rehearing.
Attorney Ryan agrees to allow this. The review of the Criteria (Variance Standards) is to come immediately after Mr. Peterson’s presentation, and Mr. Peterson’s rebuttal will come after the Variance Standard presentation.
Mr. French states that everyone will be given equal time.
At 8:30 PM, Mr. Peterson began his presentation, stating that there have been many improvements, but that they are not necessarily good for the abutters or the Town.
The topology has changed. There is run-off now and flooding of abutter properties. He feels that the main factor, however, is the competition for all the area resources.
He is concerned with the population. The normal operation of the campground is bad for the abutters. The boats leaving the campground go directly in front of their cottages and homes. It’s a safety concern. The amenities, which are stated in the website advertising, are not good for the campground abutters. It no longer has a ‘homey’ atmosphere since the flowers and vegetation have been removed. It is a very obvious entity. It’s competition for our air and our water. There must be some consideration given to the future of the area.
“You can’t expand a non-conforming use!” The abutters are all taxpayers, and highly taxed. Additional sites to the campground will not bring in more tax revenue.
Abutter Sandra Mader wanted to make a statement. She has been a resident since 1984. The home in which she lives was previously owned by her family. She recalled being able to stand waist deep in the water and clearly see her feet. This is not so now. She also stated that research has shown that Lou Gehrig disease is related to the Cyanobacteria. The campground has more than doubled in size, and this has impacted the abutters. She also advised everyone to check out the campground website.
Karen Finn (lot 2/1-1) said that the run-off in her area is so bad (4 feet deep) that she has difficulty finding a spot to put in her boat or jet-ski. She stated that there was a spotlight disturbing the bedrooms in her home, as well as the car lights which went by at all hours. She’s put in a 10 foot stockade fence, at her own expense ($9,000.) She’s had to ‘compound’ her property, as campers were going through her property and throwing trash on her property. She said that Mrs. Pica was very nice about the situation, and spoke to those in question. Mrs. Finn also stated that her well is 75-100 feet from the campground leaching field.
Mr. Pica replied that the Town had paved the road and added 2/3 leaching catch basins.
Cynthia Wilson, of Wilders Grove, questioned the tree removal. She said that she saw men removing trees, that the Town beach and the campground are visible from her deck.
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One gentleman, who did not identify himself, claimed that there had recently been cutting down of saplings by campground workers along his property line.
Mr. French suggests a Continuation and a site walk.
Mr. Pica suggests that someone come over tomorrow (Wednesday) to check these things out. Mr. Pelletier and Mr. Kozec volunteer.
Jean Cheney says that she was a witness to the cutting down of those saplings. Mr. Pica was not there, but campground workers cut and took away 2 trailers full.
Gene Tolman reminds the Board that this is the third (3rd) time that the campground requests expansion.
Mr. French makes a motion to do a site walk Tuesday, August 4, 2009, at 7 PM. The Board is to meet at the campground office. Mr. Kozec seconds. Five members of the Board agree, Mr. Cardoso votes against. Motion carries.
Mr. Cardoso reminds the Board that run-off, poor drainage, trees etc,, are Planning Board issues. They have no impact on this Board.
Mr. Allison makes the motion of going through the Criteria (Variance Standards) of Mr. Pica and Mr. Peterson simultaneously. Mr. French seconds.
Mr. Allison makes a motion to Continue the Hearing, with a set amount of time for each side to speak before we get to the five criteria, and to examine both sets of Criteria (for both Hearings) as we go through, at the same time. Discussion. Both hearings would be concurrent. Mr. French seconds.
Mr. Allison adds to his motion that we hear this Hearing first next month. Mr. French makes it clear that unless there is NEW information, there will be only the Criteria.
Mr. Cardoso tells the Board that he has held numerous site walks on various projects, and they are not a good idea. It is not a controlled environment. It is never a good situation.
One of the abutters says that the site walk in August would give Mr. Pica time to remove things and prepare.
Mr. Pica asks what happened to the site walk tomorrow that they had discussed.
Mr. Kozec and Mr. Pelletier again volunteer to meet there at 7 PM Wednesday, July 22, 2009. Mr. Gene Tolman is elected to represent the abutters.
Motion made by Mr. Allison to continue the hearing presented and voted on by the
Board. Five of the members vote in favor, Mr. /Cardoso votes against.
Hearing closed at 9:30 PM.
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NEW BUSINESS:
- Discussion with Cecilia Hart concerning subdivision possibility at 9A West Main Street (#006-05-009).
Ms. Hart explained that this property has been on the market for 3 years. It is a small house and a large barn, in which there are two apartments (grandfathered). She has no frontage, just a 192 foot right of way. There is a huge ugly warehouse across the way, railroad tracks, and diesel tanks for school buses to fill their tanks. She needs to plow the right of way and maintain the property, and it now is a real hardship. It is a non-conforming lot, and she would like to divide it into 2 lots for the purpose of selling.
Banks will not finance property loans with 2 buildings on one lot.
Mr. French quickly explained that this Board cannot create 2 non-conforming lots from one lot, not even on a roadway.
Mr. Allison agreed that division of non-conforming lots is not allowed.
Ms. Hart then asked if she could “condo” them. The Board was quick to reply that the town had not yet gone into condos. Would this be considered under ‘cluster housing’? It was a Planning Board decision. There are 3 separate living units. Mr. Pelletier suggests asking the Planning Board..
Discussion closed at 9:53 PM.
- Discussion on a ‘time limit’ to Continuations.
Mr. McElroy asked the Board members felt on this subject, since there are so many Applicants seeking Continuations. Some go on for months and months. The Board was in agreement.
Mr. Allison makes a motion to allow no more than two(2) Continuations, whether they be continuations requested by the Board or the Applicant.
Scond by Mr. French. Motion carries unanimously.
OLD BUSINESS:
The Public Hearing requested by Timothy Hajjar will no longer be continued. He was requesting relief from the conditions of the Planning Board’s decision of August 26, 2008 (Newton Zoning Ordinance, Section III, Home Occupations and Home-based business, page 11) in order to park 3 commercial vehicles on his lot. He was first scheduled Tuesday, March 17, 2009 and was continued for lack of proper documentation.
ADJOURNMENT: A motion was made at 9:58 PM by Mr. Kozec to adjourn. Seconded by Mr. French. All in favor! Motion carries.
Next meeting to be Tuesday, August 18, 2009 at 7:30 PM.
Respectfully submitted,
Jeannette Clark, Secretary
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