Newton Board of Appeals
P.O. Box 378
Newton, N.H. 03858
MINUTES: Meeting of Tuesday, February 23, 2010
CALL TO ORDER at 7:30 PM by Chairman Tom McElroy
ROLL CALL: Chairman Tom McElroy, Vice-Chairman Alan French,
Bradley Cardoso, Jack Kozec, Alternates: Charles Melvin, Sr.
and Ken Pelletier.
Absent: Mr. Allison.
ACCEPTANCE OF MINUTES: Meeting of January 19, 2010. A motion was made by Mr. Kozec to accept the minutes as written. Second by Mr. French. All in favor. Motion carries.
NEW BUSINESS:
- Letter from Rockingham Planning Commission regarding “Request for Comment on Guidance Documents”… Date had already passed.
- Order of Remand sent to Board from Attorney Ratigan.
Atty. Ratigan wants the Board to clarify their voting on the Criteria of the Application for the expansion (15 more sites) of Whispering Pines.
The Board feels that all was clear, and that there is no need to give reasons. This is according to classes that Board Members had recently attended. They also feel that they had had no say in the Remanding of this decision. They felt that the Town Attorney had taken it upon himself to make this request, without the permission of the Board of Appeals.
Members of the Board were aware that the Selectmen had spoken with the residents, and that Attorney Ratigan had also spoken with some of the Abutters. Board members had a problem with this! He had no right to speak and/or give advice to any of the Abutters. Technically, Attorney Ratigan is supposed to be working for us.
Chairman McElroy had suggested that we invite Attorney Ratigan to the next meeting to discuss the issue. Attorney Ratigan was not available for the February meeting. We will invite him to the March 16 meeting. Members of the Board decided that they were not going to discuss this matter this evening, and then start it all over again next meeting.
Also, if it’s an open meeting (open to public) some Board members would not be present.
Could this be handled in ‘Executive Session’? Also Mr. Allison will not be returning till April.
Mr. French makes a motion to invite Attorney Ratigan for a discussion on the minutes of the August 2009 meeting, that was remanded to the Zoning Board for further explanations. Second by Mr. Kozec.
It was suggested that the Board go into the back room to discuss this with only the Attorney present (Client/Attorney privilege). It was also suggested that this be done at the beginning of the meeting, in order to save on legal fees.
Chairman McElroy informed the Board that Attorney Ratigan had told him that it would cost less this way, rather than his going to Court. He has no idea how this is figured out.
No more discussion. Voting: All in agreement. Motion carries unanimously.
The Board discussed meeting with the appointed attorney and what this would entail.
He could listen to the answers, but he could not change them. It was brought up that now it appears that the attorney wants explanations and reasons for all the decisions (both sides, the majority and the minority). Only the attorney appears before the Court, with minutes and explanations. No member of the Board is allowed to speak or attend.
The Chairman requested that the secretary write/e-mail Attorney Ratigan and invite him to attend the next meeting. Mr. Pelletier also wants the secretary to inquire if the Board is allowed, by law, to go into executive session with their attorney (Attorney/client privilege).
OLD BUSINESS:
Appointments:
There are three (3) appointments to be made by Mr. Dezmelyk, Town Administrator… Some Board members had spoken with Mr. Dezmelyk. at the Town’s Deliberative Session. Mr. Dezmelyk said that all was OK, and that it would all be taken care of by the March date.
ADJOURNMENT:
A motion was made at 7:45 PM by Mr. Kozec to adjourn. Motion carries. Next meeting is to be March 16, 2010 at 7:30 PM.
Respectfully submitted,
Jeannette Clark, Secretary
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