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Newton Board of Appeals
P.O. Box 378
Newton, N.H. 03858
MINUTES OF THE MEETING of June 16, 2015
CALL TO ORDER at 7:30 PM by Chairman Tom McElroy
ROLL CALL: Chairman Tom McElroy, Vice-Chairman Alan French, Jack Kozec, Bradley Cardoso Michael Connolly and Alternate Frank Gibbs
Absent: Alternate Ken Pelletier
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, and at 7:50 Mr. Milner
ACCEPTANCE OF MINUTES:
A motion was made by Mr. French to accept the minutes of the meeting of May 19, 2015. Second by Mr. Connolly. One abstention: Mr. Gibbs (his first meeting with the Board). All
Others 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 to the Board that in these plans, they have adjusted and included the measurements for a 4 ½’ x 10’ porch with the steps being moved. The porch is up 2 ½’ from the grade, and there are only 2 steps The Board members check that all measurements needed are from the closest point to the center of the road, that they will need 3 variances. They also recheck the location of the septic cover.
Review of the Criteria (with Mr. Gibbs abstaining)
- Not contrary to public interest: all agree
- Spirit of ordinance is observed: all agree
- Substantial justice: all agree
- Values of surrounding properties not diminished: all agree
- Unnecessary hardship: all agree
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Mr. Kozec makes a motion to grant sideline variances of 11’6” on the East (left) side of the proposed porch and a 23’ on the West (right) side. Also a variance of 35’ 4 ½ from the center of the road, as per Paul F. Nichols’ Plan (Job No. 425A-07), revised May 28, Connolly. All in favor. Public Hearing ended at 7:45 pm.
- Continuation of Hearing for Legends Baseball, LLC
Puzzle Lane
Newton, NH 03858
(Map #014-01-027-3)
The Applicant is requesting numerous variances from the Town of Newton Zoning Ordinance Section XXV, Paragraph 1 – Light Industrial/Commercial Zone Area Regulations, Location on Lot.
Attorney Parry presents new plans and a copy of the revised variance requests. The Applicant is requesting 12 variances, 4 of these are for the access road, which would be within the 200’ structure setback, for baseball fields, parking areas, access road, sidewalks, walkways, landscaping, drainage, & related infrastructure & appurtenances –and also within 50’ of the wetlands. Town of Newton Zoning Ordinance Section XXV, Paragraph 1 –Light Industrial/Commercial Zone Area Regulations, Location on Lot.
Board members review the new plans. Mr. French notes that the new plan has all the requested concessions. He sees no more hang ups. He replies to a question asked by Mr. Hamel concerning the wetlands. He explains that the Planning Board reviews the site plan, makes requests and enforces such. The Zoning Board of Appeals deals with the dimensional aspect of proposed plan.
Review of the Criteria (Variance Standards):
5 members are voting. There is one abstention, Mr. Gibbs, who has not been involved with this matter.
- Not contrary to public interest: all agree & vote yes
- Spirit of the ordinance: all agree
- Substantial justice: all agree
- Values of surrounding properties not diminished: all agree
- Unnecessary hardship: all agree
The Board reviews the requested variances:
- A 187 feet 1 inch variance for the proposed subdivision roadway, and all appurtenances and infrastructure related thereto, which distance is measured from the property line of Tax Map 14, Block 1, Lot 25 to the edge of the pavement of the proposed roadway, being labeled as 1 on the attached plans.
- A 183 feet 2 inch variance for the proposed subdivision roadway, and all appurtenances and infrastructure related thereto, which distance is measured from the property line of Tax Map 14, Block 1, Lot 25 to the edge of the pavement of the proposed subdivision roadway, being labeled 2 on the attached plans.
Attorney Parry presents new plans and a copy of the revised variance requests. The Applicant is requesting 12 variances, 4 of these are for the access road, which would be within the 200’ structure setback, for baseball fields, parking areas, access road, sidewalks, walkways, landscaping, drainage, & related infrastructure & appurtenances –and also within 50’ of the wetlands. Town of Newton Zoning Ordinance Section XXV, Paragraph 1 –Light Industrial/Commercial Zone Area Regulations, Location on Lot.
Board members review the new plans. Mr. French notes that the new plan has all the requested concessions. He sees no more hang ups. He replies to a question asked by Mr. Hamel concerning the wetlands. He explains that the Planning Board reviews the site plan, makes requests and enforces such. The Zoning Board of Appeals deals with the dimensional aspect of proposed plan.
Review of the Criteria (Variance Standards):
5 members are voting. There is one abstention, Mr. Gibbs, who has not been involved with this matter.
- Not contrary to public interest: all agree & vote yes
- Spirit of the ordinance: all agree
- Substantial justice: all agree
- Values of surrounding properties not diminished: all agree
- Unnecessary hardship: all agree
The Board reviews the requested variances:
- A 187 feet 1 inch variance for the proposed subdivision roadway, and all appurtenances and infrastructure related thereto, which distance is measured from the property line of Tax Map 14, Block 1, Lot 25 to the edge of the pavement of the proposed roadway, being labeled as 1 on the attached plans.
- A 183 feet 2 inch variance for the proposed subdivision roadway, and all appurtenances and infrastructure related thereto, which distance is measured from the property line of Tax Map 14, Block 1, Lot 25 to the edge of the pavement of the proposed subdivision roadway, being labeled 2 on the attached plans.
- A 195 feet, zero inch variance for the proposed subdivision roadway, and all appurtenances and infrastructure related thereto including without limitation the retaining wall, which distance is measured from the property line of Tax Map 14, Block 1, Lot 24 to the closest point of the face of the proposed retaining wall, being labeled as 3 on the attached plans.
- A 162 feet 1 inch variance for the proposed subdivision roadway, and all appurtenances and infrastructure related thereto, which distance is measured from the property line of Tax Map 14, Block 1, Lot 28 to the edge of the pavement of the proposed subdivision roadway, being labeled as 4 on the attached plans.
- A 81 feet three inch variance for the proposed crushed concrete parking areas, wheel stops, parking islands, and all appurtenances and infrastructure related thereto, which distance is measured from the property line of Tax Map 14, Block 1, Lot 19-1 to the closest point of the edge of the proposed parking area, being labeled as 5 on the attached plans. (Attorney Parry pointed out a typing error: 89 should have been 81 feet).
- A 79 feet three inch variance for the proposed crushed concrete parking areas, wheelstops, parking islands, Emergency & Service Gravel Access drive, and Area to be used for Drainage Facilities, and all appurtenances and infrastructure related thereto, which distance is measured from the property line of Tax Map 14, Block 1, Lot 19 to the closest point in the edge of the proposed paved driveway, being labeled as 6 on the attached plans.
7. A 62 feet two inch variance for the crushed concrete parking area, wheelstops, landscaped area, Areas to be used for Drainage Facilities, 4 foot high outfield fence with 2 foot high wall, 10 foot wide stonedust warning track, and all infrastructure and appurtenances related thereto, which distance is measured from the edge of the proposed parking area, being labeled as 7 on the attached plans.
8. A 43 feet 10 inch variance for the crushed concrete parking area, wheelstops, landscaped area, Area to be used for Drainage Facilities, 4 foot high outfield fence with 2 foot high wall, 10 foot wide stonedust warning track, grassed outfield area, first base/rightfield wall, and batting cages, which distances is measured from the wetland boundary to the closest point in the outside face of the outfield fence, being labeled as 8 on the attached plans.
9. A 22 feet 4 inch variance for the 4 foot high outfield fence with 2 foot high wall, stonedust warning track, grassed outfield area, foul pole, and all appurtenances related thereto, which distance is measured from the wetland boundary to the closest point in outside face of the outfield fence, being labeled as 9 on the attached plans.
- A 21 feet 9 inch variance for the 4 foot high outfield fence with 2 foot high wall, stonedust warning track, grassed outfield area, and all appurtenances related thereto, which distance is measured from the wetland boundary to the closest point in the outside face of the outfield fence, being labeled as 10 on the attached plans.
- A 41 feet 3 inch variance for the 4 foot high outfield fence with 2 foot high wall, stonedust warning track, foul pole, grassed outfield area, first base/rightfield wall, and all appurtenances related thereto, which distance is measured from the wetland to the closest point in the outside face of the outfield fence, being labeled as 11 on the attached plans.
- A 49 feet variance for the proposed grassed overflow parking areas, and all appurtenances and infrastructure related thereto, distance is measured from the wetland boundary to the closest point in the proposed parking area, which is not labeled on the attached plan.
Attorney Parry points out 2 errors: the first is in #5 (he had typed 89) and the correction has been made. Also, on the plan itself, #7 says 61 feet 2 inches, but in the narrative it is correct.
Discussion on having a buffer zone at the property line of the abutters. There needs to be some trees, like pine trees, planted in the buffer zone to make the area pleasant visually, as well as protect the abutters from the sounds and possible headlights. This Board does not deal with that aspect. The Planning Board will dictate the caliber of the trees.
Mr. Cardoso tells everyone that the vote today is contingent on getting an updated plan. Understood.
Mr. Kozec reminds the Board that there needs to be a comment about the buffer to be added, and also the fertilizer (organic) suggested in the discussion on #5 & 6. Mrs. Sweeney questions the possibility of drainage affecting their water. Drainage facilities will be as requested required and approved by the DES.
Mr. Cardoso questions how the parking areas will marked. Signs? If so, how do you insure that those measured clearances are being met at all times? Mr. Frankewicz says that they will reconsider and come up with something other. Mr. Milner says that this is all part of the plan going forward.
Mr. French makes a motion to grant the variances (pertaining to: 1-4 road way, 5-7 abutters, 8-12 Legends Baseball) as listed on the plan, & adding a pre-approved decision allowing drainage facilities as requested, required, approved by DES. Also, that a berm be created, and that organic fertilizer be used. This is all contingent on an updated plan.
Second by Mr. Kozec. All vote in favor, with Mr. Gibbs abstaining. Motion carries.
Mr. Milner makes a request for an official copy of the plan for the Planning Board, signed by the Chairman. Discussion. There are changes pending, so there is not yet an official copy. Mr. McElroy need not sign it. There will be a date on the new plan, and a Plan number. The drawing will be recorded with the decision. Mr. Milner wants to be sure that the Planning Board is working from the same Plan, and not another version. Mr. Cardoso assures that after the Board reviews the new plan, and approves it, Mr. Milner could make copies for the Planning Board.
At 8:30 pm, Mr. Kozec makes a motion to close the Hearing. Second by Mr. Cardoso. All in favor. Motion carries.
OLD BUSINESS:
There is still nothing on the agenda for July.
Since there is nothing other needing discussion, Mr. McElroy asks if there is a motion to adjourn.
ADJOURNMENT: A motion was made at 8:35 PM by Mr.Kozec. to adjourn. Second by Mr. Connolly. All in favor! Motion carries.
Next meeting will be Tuesday, July 21, 2015 at 7:30 PM.
Respectfully submitted,
Jeannette Clark, Secretary
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