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June 22, 2010 Board of Appeals Minutes
Newton Board of Appeals
P.O. Box 378
Newton, N.H. 03858

MINUTES: Special meeting of Tuesday, June 22, 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, and Alternate Charles Melvin, Sr.
Absent: Dana Allison, and Alternate Ken Pelletier.  

PUBLIC HEARING:         Michael A. Linsky
12 Pond Street
                                Newton, NH   03858
(Map 010-03-002)

The Applicant is requesting a variance from Newton Residential A Zone Area Regulations, Section V, #3, dealing with Location on lot.  He is requesting to reduce the 25’ side line setback in order to build a 24’x 28’ 2 car garage with an 8’x 10’ mudroom attached.

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

The Board discussed the proposed building and its measurements.  The members then reviewed the Criteria (Variance Standards):
  • Public interest:  All in favor
  • Spirit of the ordinance: All in favor
  • Substantial justice: All in favor
  • Diminishing values of surrounding properties:  All in favor
  • Unnecessary hardship:  All in favor
Having  agreed that all the Criteria had been met, Mr. Cardoso made a motion to grant a variance of 10’ from the side lot line to the rear corner of the garage, and a 4.6’ variance to the front corner of the garage.  Both of these dimensions are from the drip edge of the garage.  (Plan D-29688)
All in agreement.  Motion carries.
Chairman McElroy explains the 30 day ‘right to appeal’ period to Mr. Linsky.
At 7:50, Mr. Kozec made a motion to close the Hearing.  Second by Mr. Melvin.  All in favor.  Motion carries.

OLD BUSINESS:
Discussion of the ‘Clarification of the Criteria for Sara Realty vs. Town of Newton, Zoning Board of Appeals’ provided by Attorney Ratigan.  Everyone had received a copy, and read the enclosed.  There were no problems.  All were in favor of the clarifications.
Mr. Kozec made a motion to accept the Clarifications of the Criteria for the Sara Realty case.  Second by Mr. Melvin.  All in favor.  Motion carries.
Attorney Ratigan will be so informed.

NEW BUSINESS:
Discussion on whether there was a need to have a July meeting, since there was to be nothing scheduled at this time.  All were in favor.
Mr. Kozec made a motion to cancel the July meeting.  Second by Mr. Cardoso.  Motion carries.

ADJOURNMENT: A motion was made at 7:55 PM by Mr. Kozec to adjourn.  Second by Mr. French.  Motion carries.  Next meeting is to be August 17, 2010 at 7:30 PM.

Respectfully submitted,
Jeannette S. Clark, Secretary