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April 20, 2010 Board of Appeals Minutes
Newton Board of Appeals
P.O. Box 378
Newton, N.H. 03858

MINUTES: Meeting of Tuesday, April 20, 2010

CALL TO ORDER at 7:30 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.

Mr. Melvin was made a voting member in the absence of Mr. Cardoso.

ACCEPTANCE OF MINUTES:  Meeting of March 16, 2010.  
Mr. Kozec made a motion to make a correction:  On page 2,  Attorney Ryan should have read Attorney Ratigan.  Second by Mr. Melvin.  All the members voted in agreement with the correction on page 2.  Motion made by Mr. Kozec to accept the minutes, with this correction.  Second by Mr. Melvin.  Motion carries.

OLD BUSINESS:  
Having reviewed the proposed draft for the clarification of its decision in this case, “ZBA Clarification upon Remand from Rockingham County Superior Court” provided by Attorney Ratigan after  his meeting with the Board, the Board members voted, unanimously, in favor of adopting this clarification statement.  Mr. French abstained since he had not been present at the meeting and voting in question.  Motion carries.  
This information will be passed on to Attorney Ratigan, who will add it to the Certified Record.  A copy will also be provided to Mr. Pica of Sara Realty, and to Mr. Peterson, spokesman for the Abutters.

NEW BUSINESS:
  • NH Municipal Workshops to held in Puerto Rico.
  • Election of Officers:
Mr. Allison made a motion that the Board keep the same slate of Officers.  Second by Mr. French.  Motion carries.
  • Request by Mr. Coleman McDonough for a special meeting of the Board of Appeals, to vote on his request for a variance, before the scheduled May meeting.
Discussion.  As the Board members recall, there have never been special meetings called in the past.  There have been a couple of Workshops, but no meetings.  This was a direct result of the Application arriving after the posted deadline.
Motion made Mr. Allison to deny the request for a special meeting.  Second by Mr. Melvin.  Motion carries.
Mr. McDonough will have his hearing scheduled for the May 18 meeting.

ADJOURNMENT:   A motion was made at 7:45PM by Mr. Kozec to adjourn.  There was a second by Mr. Melvin.  Motion carries.
NEXT MEETING: May 18, 2010

Respectfully submitted,
Jeannette Clark,
Board of Appeals Secretary