Newton Board of Appeals
P.O. Box 378
Newton, N.H. 03858
MINUTES: Meeting of Tuesday, September 21, 2010.
CALL TO ORDER at 7:30 PM by Vice-Chairman Alan French
ROLL CALL: Vice-Chairman Alan French, Dana Allison, Jack Kozec,
Alternates: Charles Melvin, Sr. and Ken Pelletier.
Absent: Chairman Tom McElroy, Bradley Cardoso
Guests: Mr. Richard Milner from the Planning Board, and Mr. Robert White, resident.
Mr. Melvin and Mr. Pelletier were made voting members in the absence of Mr. McElroy and Mr. Cardoso.
ACCEPTANCE OF MINUTES: Meeting of August 17, 2010. A motion was made
by Mr. Allison to accept the minutes as written. Second by Mr Kozec.. All in favor.
Motion carries.
NEW BUSINESS:
- Just before the official beginning of the meeting, Board members began a discussion with Mr. Milner from the Planning Board. He had not requested to be on the schedule, but thought the Board might need some clarification into a situation that could be coming up.
- Decision of the Superior Court: Sara Realty, LLC v. Town of Newton
The decision made September 15, 2010 upholds the ZBA’s denial of Sara Realty’s variance request. Board members were going to read the decision in its entirety at a later time.
- Mr. Robert White, who had been waiting to unofficially speak to the Board, was asked by Vice-Chairman French to now explain the reason for his presence. Everyone was in agreement.
His was a very unique situation: accessing his property…
The board members looked over some of the materials and told them that they could do nothing for him…but that the NH Legal Aid (which is free) would direct him in the right direction.
It was with some difficulty that the Board members made him understand that this was not something that came under their area, that there was no prior decision from anyone that the Board could overrule. He needed to seek legal advice and that could be had through the NH Legal Aid.
ADJOURNMENT: A motion was made at 8:05 PM by Mr. Kozec to adjourn. Seconded by Mr. Pelletier. All in favor! Motion carries.
Next meeting to be Tuesday, October 19, 2010 at 7:30 PM.
Respectfully submitted,
Jeannette Clark, Secretary
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