Newton Board of Appeals
P.O. Box 378
Newton, N.H. 03858
MINUTES: Meeting of Tuesday, October 20, 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. Robert Peterson, Gene Tolman, & Augustine Medeiros, residents of Wenmark Road… Mr. Casey Burns, resident.
ACCEPTANCE OF MINUTES: Meeting of September 15, 2009. A motion was made by Mr. Kozec to accept the minutes as written. Second by Mr. Allison. All in favor.
Motion carries.
NEW BUSINESS:
- Motion for Rehearing from Mr. Peterson, resident of Wenmark Road:
Re: 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.
Mr. Peterson explained that this was the first step in order to pursue the issue in Court.
He needed to have the ZBA review the request.
Mr. Kozec made a motion to deny the request for a rehearing since there was no new evidence submitted and no errors in the law. Second by Mr. Allison. All in favor. Motion carries.
- Discussion of the appeal to Superior Court by Sara Realty, LLC.
Since the issue had been remanded to Court, Mr. French felt that there was no need to discuss the issue again. The issue had been going on since 2006, so there was nothing new to discuss.
- Discussion on Attorney to be used.
Mr. Allison recommended that Sumner Kalman, the Town Attorney, be used. It was stated that he was very knowledgeable on the issue, and that he was a land use attorney. Mr. Kozec and Mr. Melvin agreed. Second by Mr. Kozec. Discussion.
Mr. Peterson then requested to speak to the Board on this issue. He read an e-mail from Attorney Ratigan that he had received, in which Mr. Ratigan
2
suggests that he be used as the Attorney, as he had worked on the original issue when Mr. Pica purchased the property.
The Board took the matter into consideration. All Board members voted in favor of recommending Attorney Kalman to the Selectmen. Motion carries. Mrs. Clark will get a Memo out to the Selectmen on this issue.
Since there was one resident waiting to speak to the Board, Mr. Casey Burns, Chairman McElroy suggested that he speak now. Everyone was in agreement.
Mr. Burns explained that he needed a variance on the sign restriction on the Home-based business ordinance (Section III, C, a… “The maximum size sign allowed shall be two square feet.”) Mr. Burns explained that he and his wife had a home-based antique business. They were in a Residential area and they would like to put a “sandwich board sign” not a permanent sign somewhat larger than the size allowed. The Board told him that he needed a denial from the Planning Board, or even a letter of denial signed by the Board members. Then he would come here. There was then a discussion of the process and the necessities. Mr. Burns then stated that it was too expensive, the process was not worth it!
- Quick review of the Zoning Amendment Schedule from the Rockingham Planning Commission.
- Quick review of the time line for Town meeting.
- Discussion of Budget. Since the Budget was due in the Selectmen’s Office no later than Thursday, October 29th, by 8 PM, the Board had to make a quick decision. They discussed if there was enough to pay Mrs. Clark this year.
Mr. Allison made a motion to submit a budget where every line item would be increased by 2%. Second by Mr. Kozec. All in favor. Motion carries.
OLD BUSINESS:
Discussion of the Municipal Law Lecture Series being held in Exeter this year. The Board has 3 members attending.
Mr. Kozec passed out a packet to all Board members. There will be new Variance Criteria beginning in January. It is somewhat different. Now, money (or lack of it) will be considered a hardship.
There was some discussion on the fact that the State of New Hampshire was pushing for “Workforce Housing”.
ADJOURNMENT: A motion was made at 8 PM by Mr. Kozec to adjourn. Seconded by Mr. French. All in favor! Motion carries.
Next meeting to be Tuesday, November 17, 2009 at 7:30 PM.
Respectfully submitted,
Jeannette Clark, Secretary
| 
