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October 21, 2014 Board of Appeals Minutes
Newton Board of Appeals
P.O. Box 378
Newton, N.H. 03858

MINUTES: Meeting of Tuesday, October 21, 2014

CALL TO ORDER at 7:30 PM by Chairman Tom McElroy

ROLL CALL: Chairman Tom McElroy, Bradley Cardoso, Jack Kozec, Alternate Michael Connolly
                Absent: Vice-Chairman Alan French, Dana Allison, Alternate Ken Pelletier,
Guests:  Mr. Leo LaRochelle, owner of Victory Fuel, Inc., Mr. George Fredette and Mr. John Russo, from SFC Engineering Partnership, Inc., Rick Milner, Secretary of the Planning Board, Frank Gibbs

Mr. Connolly was made a voting member.

ACCEPTANCE OF MINUTES:   
The date of the minutes to be voted on were corrected to August 19, 2014.  
A motion was made by Mr. Kozec  to accept the minutes as corrected.  Second by Mr.Connolly.  All in favor.  Motion carries.

NEW BUSINESS:  

  • Review for Victory Fuel, 191 So. Main Street, Newton, NH  03858
                                        Map #014-01-026
        Discussion of request for a variance from Section XXVIII (4) (c) of the Newton Zoning Ordinance to allow on-site storage of petroleum based products (for both a proposed diesel fuel storage tank and for existing heating fuel tanks) within the Aquifer Protection Zone where this use is prohibited.
Mr. Fredette distributed a narrative including a partial history of Victory Fuel and a re-formatted copy of SFC e-mail correspondence with Rick Milner and Jennifer Rowden in September 2014.
Discussion and explanations ensued.
There was a denial from the Building Inspector, descriptions were provided, variance requests were in order  (except that the sentence in #2 was not completed), and measurements had to be included on the site plan.
Mr. Cardoso made a motion to accept the scale of 1”=40’ as provided on the site plan, with the provision that the required dimensions should be added to this  plan, as there were no measurements, and also that #2 of the variance request be completed.  Second by Mr. Kozec.

Review ended at 7:45 pm.

  • A letter was presented to the Board from Mr. Frank Gibbs, who is showing interest in a position on the Newton Board of Appeals.  He was directed to send a letter to Mr. Dezmelyk, the Town Moderator.  The request would then go before the Selectmen for approval.  Finally, there would be a swearing in with the Town Clerk. Mr. Kozec made a motion to accept this request from Mr. Gibbs.  Second by Mr. Connolly.  3 in favor, 1 abstention.  Motion carries.  Mr. Gibbs will send a letter to Mr. Dezmelyk to get the process started.
  • Mrs. Clark’s evaluation was not available for signature at this time.
  • Review of the 2014 Budget.   After discussion, the Board decided that even though each year is different, no changes need to be made to the 2014 budget.
  • Mr. McElroy enquired about the “New Hampshire Planning and Land Use Regulation” books.  The same amount to be ordered for next year’s edition.  (8)
  • Mr. McElroy also discussed “Pet Tails Rescue”, a group that foster’s animals and then when they are ready, they are put up for adoption.  Mr. McElroy signed off, since there are no regulations in the Town Ordinance, even though some exist with the State.

ADJOURNMENT:    A motion was made at 8 PM by Mr. Kozec to adjourn.  Second by
Mr.Connolly.  All in favor!   Motion carries.

Next meeting will be Tuesday, November 18, 2014 at 7:30 PM.

Mr. Milner requested that the Board Appeals meet in the Planning Board Office next month, as the Planning Board needs the large hall for Public Hearings.  NO PROBLEM!


Respectfully submitted,

Jeannette Clark, Secretary