Newton Board of Appeals
P.O. Box 378
Newton, N.H. 03858
MINUTES: Meeting of Tuesday, June 15, 2010
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.
ACCEPTANCE OF MINUTES: Meetings of May 18 & May 25, 2010.
Mr. Allison made a motion to accept the minutes of both May meetings as written.
Second by Mr. Kozec. All in favor. Motion carries.
GUESTS: Mike Cushing (abutter) and Atorney John Ratigan.
OLD BUSINESS:
At a previous meeting, having been requested by the Rockingham County Superior Court to clarify the Board’s prior decision on two of the Criteria (hardship & substantial justice), Attorney Ratigan met with the Board for clarification.
The Court returned with another request for explanation. This was to discuss “The Spirit of the Ordinance”, which is the “public interest standard”. The Board needs to explain how they view the intent of the ordinance.
Mr. Cardoso felt that using this undeveloped land was against the spirit of the ordinance.
Mr. Kozec felt that adding more people to this area would endanger the pond (which already was having problems), it would increase traffic. More bonfires would create more smoke and would cause unnecessary problems for the people with asthma problems.
Mr. Melvin was not prepared to answer any questions this evening. There had been no prior notification that Attorney Ratigan was coming, so he had not brought his materials for this case.
Mr. Allison felt that the Applicant could apply and receive a variance request, as a similar matter had already gone before the Court. He felt that this was in the spirit of the ordinance.
Mr. McElroy felt it was a natural expansion of the already existing campground, and that granting the variance would not threaten the neighborhood.
Attorney Ratigan took notes and told the Board members that he would send the new clarification statement in the morning. The Board was to vote on it at the next meeting (now scheduled for June 22) and he would add that to the Certified Record. He also informed the Board that the Court date was July 7, 2010, but that this could change as Judge McHue was having heart surgery and might have all his cases postponed. It was also possible that the cases on his docket might be transferred to another Magistrate. He would let us know.
7:55 pm
PUBLIC HEARING: Michael A. Linsky
12 Pond Street
Newton,NH 03858
(Map 010-03-002)
The Applicant explained that he is requesting a 10 foot variance (from the Residential A Zone Area Regulations, Section V, #3, dealing with Location on lot.) He was requesting this in order to build a 24’x28’ storage garage with an attached mud room. He has a watch and clock business that he operates on E-Bay.
Mr. Melvin told him that he needs to go before the Planning Board for a Home Occupation permit.
Mr. Linsky said that he would take care of scheduling that in the morning.
Mr. French stated that the plan presented was incorrect, as the front measurement of the garage was not indicated. He was not going to take part in any discussion until all the information presented was clear and correct. Furthermore, he didn’t see a formal statement for the exact request(s) he needed.
Mr. Allison tried to explain that since there was only 1 lot line, he shouldn’t need 2 variances.
The members decided to see how the Criteria was written. Mr. French said he would not take part in any discussion this evening.
Criteria:
- Public interest: Mr. Kozec felt that this garage would not affect the neighbors, or the general public.
VOTE: 4 in favor, Mr. French opposed. Mr. French repeated that he would not take part in any of the decision making without the proper paperwork.
Mr. Cardoso said that there were two (2) things missing:
- A written description of the requested variance(s)
- And the measurements to that back corner, and also the front corner.
Discussion on how the Building Inspector measured the lot line. It was perhaps measured without the addition of the mud room.
Mr. Kozec thought it would be a good idea to continue this hearing next week, and vote on the statement provided by Attorney Ratigan at the same meeting. Board members were in agreement.
Mr. French makes a motion to continue this hearing till next week, after corrections are made to the incorrect plan provided by Civil Construction Engineers. Second by
Mr. Kozec.
Four members in favor, but Mr. Allison opposes. Motion carries.
Another discussion on Home Occupation. Mr. Cardoso checks the ordinances, and says that one is not needed for this type of business. Discussion.
NEW BUSINESS:
- NH Local Government Center will be hosting a free Training Seminar for Municipal Volunteers. It would include the requirements of NH RSA 91-A, NH’s Right-to-Know law,
recuing oneself from voting as a municipal official, conflict of interest, and communication about municipal issues. This Seminar will take place Thursday, June 24, at 7PM in the main chamber of the Kingston Town Hall.
Mr. McElroy and Mr. Melvin will attend.
ADJOURNMENT: A motion was made at 8:40 PM by Mr. Allison to adjourn. There was a second by Mr. Kozec. All in favor. Motion carries.
NEXT MEETING: July 20, 2010
Respectfully submitted,
Jeannette Clark,
Board of Appeals Secretary
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