Newton Board of Appeals
P.O. Box 378
Newton, N.H. 03858
MINUTES OF THE MEETING of May 19, 2015
CALL TO ORDER at 7:30 PM by Chairman Tom McElroy
ROLL CALL: Chairman Tom McElroy, Vice-Chairman Alan French, Jack Kozec, and
Michael Connolly
Absent: Bradley Cardoso, Alternate Ken Pelletier, and Alternate Frank Gibbs
Guests: Kim Cooper, Michael Maher, Margaret Sweeney, Megan Sweeney, Dan Sweeney, Arnold Pevna, Clara Donohue, Roger Hamel, Dave Constantino, Philip Parry, Coleman McDonough, Scott Frankiewicz,
ACCEPTANCE OF MINUTES:
A motion was made by Mr. French to accept the minutes of the meeting of April 21, 2015. Second by Mr. Kozec. All in favor. Motion carries.
NEW BUSINESS:
- Continuation of Hearing for: Michael Maher & Kim Cooper
46 Wilders Grove
Newton, NH 03858
Tax map #002-03-023-1
The Applicant is requesting a variance for setbacks in order to build a front porch and steps to the house (#002-03-023-1). Town of Newton Residential A Zone Area Regulations, Section XIV, Paragraph 3, Location on Lot.
Mr. Maher explains that they have adjusted the plan for a 4 ½’ x 10’ porch with the steps being moved to the side. The porch is up 2 ½’ from the grade, and there are only 2 steps. However, the plan still shows the same thing as the last time, with a line through the middle. There are no measurements or corrections on this plan.
The Board members explain that all measurements needed are from the closest point to the center of the road, that they will need 3 variances… and the location of the septic cover.
Mr. Maher is again given the option of a continuation of the Hearing on the front porch, providing the measurements. The 3 variances must be clearly provided so that the Board members do not need to calculate them.
Mr. Kozec makes a motion to Continue the Hearing at the next meeting, June 16, 2015. Second by Mr. Connelly. All in favor. Motion carries.
Public Hearing ended at 7:45 pm.
- Continuation of Hearing for Legends Baseball, LLC
Puzzle Lane
Newton, NH 03858
(Map #014-01-027-3)
Attorney Parry presents the new plans and a copy of the revised variance narratives.
The Applicant is requesting 11 variances, 4 of these are for the access roadway – within the 200’ structure setback for baseball field, parking areas, access road, sidewalks, walkways, landscaping, drainage, & related infrastructure & appurtenances –and also within 50’ wetlands. Town of Newton Zoning Ordinance Section XXV, Paragraph 1 –Light Industrial/Commercial Zone Area Regulations, Location on Lot.
The most obvious change is that Field #1 has been moved 35 feet. The road had been removed and that area had been changes to a parking area. This is not what the Board expected to see changed. They are mostly concerned with variance requests #5 and 6.
Board members try to suggest solutions.
Neighbors again voice their concerns. They are adamant that they have the 200’ undisturbed natural buffer zone that the Town residents had voted as the new requirement.
Mr. French, who had suggested moving the road, was not really happy with the new plan. He was concerned with the access road, a cul-de-sac, and an emergency road.
The suggestion to adjust the fields, so the parking area would be closer to the abutters did not make the abutters any happier. They wanted their undisturbed 200’ buffer.
Mr. Connelly wants to share some thoughts and suggestions. The meeting is open for discussion. There are several suggestions to move the field down, but Baseball Legends is not leasing and cannot afford the leasing of the proposed area. It's Mr. McDonough’s area.
Moving in the other direction, there are wetlands to deal with. It is quite a problem to include all that is necessary in that area and still give the abutters the 200’ buffer. An adjustment is suggested that would make the buffer area 129’, but the abutters continue to hold for the 200’. The attendees work in small groups trying to find another possibility.
The Board members offer to have another Continuation so that the Applicant, engineer, and owner can work on the plans and again try to resolve the impasse.
The Applicant and the team discuss the matter. When they return, they accept to try another continuation.
Mr. Connelly makes a motion to continue this Hearing at the meeting next month,
Tuesday, June 16. Mr. Kozec seconds the motion. All in favor. Motion carries.
OLD BUSINESS:
Since there is nothing that really needs discussion, Mr. McElroy asks if there is a motion to adjourn.
ADJOURNMENT: A motion was made at 9:20 PM by Mr. Connelly to adjourn. Second by Mr.Kozec. All in favor! Motion carries.
Next meeting will be Tuesday, June 16, 2015 at 7:30 PM.
Respectfully submitted,
Jeannette Clark, Secretary
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