Newton Board of Appeals
P.O. Box 378
Newton, N.H. 03858
MINUTES OF THE MEETING of April 21, 2015
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 Michael Connolly
Absent: Alternate Ken Pelletier
Guests: Pamela Amico, Meggan Ross, Nicholas Ross, Mike Amico,Kim Cooper, Michael Maher, Michael Cushing, Margaret Sweeney, Megan Sweeney, Dan Sweeney, Arnold Pevna, Clara Donohue, Roger Hamel, Dave Constantino, Philip Parry, Coleman McDonough, Robert Goc
Mr. Connolly was made a voting member.
NEW BUSINESS:
- Hearing for: Todd Fitzgerald
on behalf of William & Kelly Lightizer was cancelled.
(Tax Map #010-01-016)
The Applicants (through Mr. Fitzgerald) requested that their application for variance be withdrawn. They were seeking a variance of 80 square feet for an existing accessory apartment, over the garage of the home, which does not conform to the Town of Newton Residential A Zone Area Ordinance Section XIII, Paragraph 11- Accessory Apartments, Maximum size.
- Hearing for: Michael Maher & Kim Cooper
46 Wilders Grove
Newton, NH 03858
(Tax map #002-03-023-1 and #002-04-018)
The Applicant is requesting a variance for setbacks in order to build a front porch and steps to the house (#002-03-023-1) and is also requesting a variance to rebuild and increase the width of the current two story garage(#002-04-018).
Town of Newton Residential A Zone Area Regulations, Section XIV, Paragraph 3, Location on Lot.
Mr. Maher explained what he was projecting: a 1 ½ story garage to replace the existing ‘garage’. It would be lined up, have dormers, and a 6” overhang. Also, after difficulties accessing the septic tank this winter, as there are pre-fab cement stairs to the front door at this time, he proposes building a 20’x 5’covered front porch with steps leading into the house. This request has twice been denied in the past (because of access to the septic tank).
Pamela Amico, abutter at #44 Wilders Grove Road, spoke against Mr. Maher’s request. She has difficulty accepting this ‘out of scale’ house in the neighborhood. A porch with railing will cut off their view of the neighborhood, and claims there has already been some encroachment and that no attempt at landscaping has been made. Mrs. Amico wanted to know why he is coming before the Board again with the same request. These lots along Country Pond are all non-conforming, and have all had to make some adjustments.
Mr. Arnold Pevna, of #48 Wilders Grove Road, wants the eyesore removed. He would also like to see the front of the house completed and landscaped, so as to maintain property values.
Clara Donohue (also #48) agrees that something has to be done, as it is unsafe at this time. She related having to go up to the door on her hands and knees on the cement steps, as there was nothing to steady her there.
Ralph Wilson, of #42, agrees with Mr. Pevna and Mrs. Donohue.
Photos of the property were shown. Mr. Cardoso made an important comment: “You shouldn’t park over the septic system.”
Review of the Criteria for the front porch and stairs. (Unanimous No on #1,2,3, and all agree on #4 & 5).
Mr. Cardoso makes a motion to deny the request for a variance to construct a covered front porch and stairs, as indicated on Plan, Job Lot 425A-07, January 25, 2007 and revised October 16, 2014 by Paul Nichols. Second by Mr. Kozec. All in agreement. Motion carries.
Review of the Criteria for the reconstruction of garage. Board members agree that all the criteria have been met.
Mr. Cardoso makes a motion to grant a variance of 28’10 3/4” from the closest point to the center of the road, and an 18’10 ¾” from the wetlands in order to replace the existing garage, according to the plan by Paul Nichols, Job Lot #425A-07, dated January 25, 2007 and revised October 16, 2014. Second by Mr. Kozec. All in favor. Motion carries.
Mr. Cardoso and Mr. French give Mr. Maher the option of a continuation of the Hearing on the front porch, provided there is a new acceptable substitution/design for the porch and steps.
Public Hearing ended at 8:20 pm.
62 Williamine Drive
Newton, NH 03858
(Tax map #008-02-017-4)
The Applicant is requesting side setback variances of 11-16 feet (10.91’ front to side, 15.95’ rear corner to side lot line) in order to add a garage to the side of the house. Town of Newton Residential A Zone Regulations, Section XV, Paragraph 3, Location on Lot.
The Board reviewed the application, as Mr. Goc explained his request and answered the Board’s questions. Review of the Criteria. Everyone in agreement. Criteria has been met.
Mr. Cardoso makes a motion to grant the two variances: 10.91’ from the front of the house to the side lot line, and 15.95’ from the rear corner to the side lot line, as per the plan provided by James Lavalle, dated 2-2-2015.
At 8:50 pm, Mr. French makes a motion to close this hearing. Second by Mr. Kozec. All in favor. Motion carries.
- Continuation of Hearing for Legends Baseball, LLC
Puzzle Lane
Newton, NH 03858
(Map #014-01-027-3)
The Applicant is requesting 11 variances, 4 of these are for the access roadway – (Within 200’ structure setback for baseball field, parking areas, access road, sidewalks, walkways, landscaping, drainage, & related infrastructure & appurtenances – no buildings, within 75’ front yard setback for baseball field, batting cages, parking areas, access road, sidewalks, walkways, landscaping, drainage, and related infrastructure & appurtenances – no buildings), and also within 50’ wetlands No-disturb setback for wall, fence, movable bleachers, track, poles, scoreboard , and all appurtenances thereto) from the Town of Newton Zoning Ordinance Section XXV, Paragraph 1 –Light Industrial/Commercial Zone Area
Regulations, Location on Lot.
Neighbors have concerns, and have done the site-walk with the Board members. The designing group told them of the positioning of the fields (direction of the sun), screens, nets, and fences to prevent flying balls, that everything has been designed to eliminate noise. There will be no lights, and it will be seasonal use.
Dave Constantino is leasing the property from Mr. Coleman McDonough.
Mr. French suggests moving the road, but Mr. McDonough says this would infringe on Phase 2.
The next suggestion is to adjust the fields, so the parking area would be closer to the abutters.
Mr. French suggests a ‘work meeting’ for some other evening… No buyers!
The Board members offer to have another Continuation in order for the Applicant, engineer, and owner can try to resolve the impasse.
The Applicant and the team go out to discuss the matter. When they return, they accept to try another continuation.
OLD BUSINESS:
- Mr. McElroy makes a motion to have Mr. Connolly replace Mr. Allison, who recently resigned and is moving permanently to Florida. Second by Mr. Kozec. All in favor. Motion carries.
- Mr. McElroy makes a motion to increase available petty cash from $100 to $250. Second by Mr. French. All in favor. Motion carries.
- Election of Officers: Mr. Cardoso makes a motion to keep the present slate of officers and the secretary. Second by Mr. Kozec. All in favor. Motion carries.
ACCEPTANCE OF MINUTES:
A motion was made by Mr. French to accept the minutes of the meeting of March 17, 2015. Second by Mr.Connolly. All in favor. Motion carries.
ADJOURNMENT: A motion was made at 10:20 PM by Mr. McElroy to adjourn. Second by
Mr.French. All in favor! Motion carries.
Next meeting will be Tuesday, May 19, 2015 at 7:30 PM.
Respectfully submitted,
Jeannette Clark, Secretary
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