Newton Board of Appeals
P.O. Box 378
Newton, N.H. 03858
MINUTES: Meeting of Tuesday, March 25, 2014
CALL TO ORDER at 7:25 PM by Chairman Tom McElroy
ROLL CALL: Chairman Tom McElroy, Vice-Chairman Alan French, Bradley Cardoso,
Jack Kozec, Alternate Matt Burrill
Absent: Dana Allison, Alternate Ken Pelletier
Mr. Burrill was made a voting member.
Guests: Mr. & Mrs. Pevna, Michael Connelly (prospective Alternate)
ACCEPTANCE OF MINUTES:
Meeting of February 25, 2014
A motion was made by Mr. Kozec to accept the minutes as written. Second by Mr.Burrill. All in favor. Motion carries.
PUBLIC HEARING:
Attorney William J. Barron (LaFlamme, Barron & Chabot, 114 Kenoza Avenue, Haverhill, MA)
For Arnold Pevna
48 Wilders Grove Road
Newton, NH 03858
(Map #002-04-017)
Material & maps were distributed.
Attorney Barron, attorney for Mr. Pevna, introduced himself, and thanked the Board for this special hearing (no quorum last week).
Attorney Barron explained the changes that had been made since the Review Session. He also explained that this property originally had a house on it that had fallen in disrepair. It had been demolished and a new house built on the footprint. The builder, thinking that it was part of the structure, built a roof and steps. He also replaced the back deck with a wooden deck (20 inches from the ground). Both of these changes are very small from the original footprint of the building.
Attorney Barron provided letters of approval from each of the abutters. He also provided several photographs.
Discussion of the plans. The garage was already in existence. That was not removed, or rebuilt.
Discussion of “encroaching on wetlands” and the denial, which is at the bottom of the building permit. This denial is not needed, since there are 50 feet 11 inches to the rear deck, & the regulations says that there need be 50 feet. The deck is beyond the necessary by 11 inches.
There are steps down to the pond and a deck at the bottom of the steps. These were also existing. They have not been touched. Was this denial listed in order to maintain the deck? The Assistant Building Inspector is not present to explain. At the Review Session in February, the Assistant Building Inspector had no problem with this front area. The Board feels that it should not be in the denial.
Review of the Criteria (Variance Standards):
A 2: Area variance: a. deck & steps necessary… All agree it fits in to the neighborhood
b. no other way: all agree
B: Consistent with spirit: all agree
C. Public interest: all agree (letters from abutters)
D: Value of surrounding properties: all agree
E. Substantial justice: all agree
Mr. French thinks there ought to be some statement that negates the problem of the 50 feet from the wetlands. All agree. This must have been put in there in regard to the maintenance and repair of the deck and stairs.
Mr. French makes a motion to grant the following 9 variances:
- A variance of 42’3” from the roof to the center of the road requirement of 65’
A variance, for the existing deck and step, of 42’8 1/2” from the center line of the road.
A variance of 9’9 ½” for the existing roof on the westerly side lot line where 25’ are required.
required.
A variance of 2’10 ½” for the existing deck & step on the easterly side lot line where 25’ are required.
A variance of 9’1 ½” for the existing deck & step on the westerly side lot line where 25’ are required.
A variance of 15’1 ½” for the deck & step located in the rear of the property on the westerly side lot line where 25’ are required.
A variance of 9’7 ½” for the deck & step located in the rear of the property on the easterly side lot line where 25’ are required.
A variance from the Wetlands Zoning Ordinance, Section 8B in order to maintain the deck & step within 50’ of a wetland.
All these variances are made according to Plan: Job #12092, dated 12-11-13, Robert E. Smith, Jr., surveyor (Cammett Engineering, Amesbury, MA).
Second by Mr. Kozec. All in favor. Motion carries.
Notice of Decision to be sent to Atty. Barron & the Building Inspector, so that he may issue an Occupancy Permit.
NEW BUSINESS: Mr. McElroy made the publication “Town & City” available to anyone interested.
OLD BUSINESS: none
ADJOURNMENT: A motion was made at 8 PM by Mr. Kozec to adjourn. Second by Mr.French. All in favor! Motion carries.
Next meeting will be Tuesday, April 15, 2014 at 7:30 PM.
Respectfully submitted,
Jeannette Clark, Secretary
| 
