Newton Board of Appeals
P.O. Box 378
Newton, N.H. 03858
MINUTES OF MEETING of November 18, 2014
CALL TO ORDER at 7:30 PM by Chairman Tom McElroy
ROLL CALL: Chairman Tom McElroy, Vice-Chairman Alan French, Bradley Cardoso,
Jack Kozec
Absent: Dana Allison, Alternate Ken Pelletier, Alternate Michael Connolly
Guests: Barbara & Leo LaRochelle, owner of Victory Fuel, Inc., Mr. George Fredette and Mr. John Russo, from SFC Engineering Partnership, Inc., Frank Gibbs
ACCEPTANCE OF MINUTES:
A motion was made by Mr. Kozec to accept the minutes of the meeting of October 20, 2014. Second by Mr.Cardoso. All in favor. Motion carries.
NEW BUSINESS:
PUBLIC HEARING for: Victory Fuel,
191 So. Main Street,
Newton, NH 03858
Map #014-01-026
Mr. George Fredette explained the reason for the request for a variance from Section XXVIII (4) (c) of the Newton Zoning Ordinance. This was to allow on-site storage of petroleum based products (for both a proposed diesel fuel storage tank and for existing heating fuel (LPG tanks) within the Aquifer Protection Zone where this use is now prohibited.
Mr. Fredette had already distributed a narrative including a partial history of Victory Fuel, plans of the property, and the list of the Criteria necessary for the variances.
He explained that the entire lot is in an aquifer protection district. That the plans had been approved on the State level, both the DES & the State Fire Marshall had approved. There had been no questions raised for the LPG storage, which had been approved in 2008, but not recorded. Questions were answered… It was noted that the scale 1”=40’ had been accepted at the previous meeting.
Mr. Fredette reviewed the Variance Standards (Criteria) with the Board members.
The Board members voted to do the required voting on each item after each one was presented and discussed, in order to save time.
Variance Standards:
- Public interest – unanimous vote that standard was met
- Spirit of the ordinance - unanimous vote that standard was met
Substantial justice - unanimous vote that standard was met (restoration of commercial property)
Value of surrounding properties - unanimous vote that standard was met
Unnecessary hardship - unanimous vote that standard was met
Unanimously, the Board voted that standards had been met.
A motion was made by Mr. Kozec to grant the requested variance from Section XXVIII, #4C of the Newton Zoning Ordinance to allow onsite storage of petroleum based products within the Aquifer Protection Zone where this use is now prohibited. The variance also serves to correct the previous expansion of the LPG tanks. This is all based on the plans provided by SFC Engineering Partnership, Inc., dated 10-8-14. Second by Mr. French. All in favor. Motion carries.
Public Hearing was adjourned at 8 pm.
OLD BUSINESS:
- Board Of Appeals 2015 scheduled had been received by all
- 2014 Activity Report was also received.
ADJOURNMENT: A motion was made at 8:05 PM by Mr. Kozec to adjourn. Second by
Mr.Cardoso. All in favor! Motion carries.
Next meeting will be Tuesday, December 15, 2014 at 7:30 PM.
Respectfully submitted,
Jeannette Clark, Secretary
| 
