Newton Board of Appeals
P.O. Box 378
Newton, N.H. 03858
MINUTES OF THE MEETING of August 18, 2015
CALL TO ORDER at 7:30 PM by Chairman Tom McElroy
ROLL CALL: Chairman Tom McElroy, Bradley Cardoso, Jack Kozec, and Alternate Frank Gibbs
Absent: Vice-Chairman Alan French, Michael Connolly and Alternate Ken Pelletier
Guests: Mr. Colsia, Mr. R. Milner (concerned resident)
Mr. Gibbs made a voting member in the absence of Mr. French/Mr. Connolly
ACCEPTANCE OF MINUTES:
A motion was made by Mr. Kozec to accept the minutes of the meeting of July 21, 2015. Second by Mr.Gibbs. All in favor. Motion carries.
- NEW BUSINESS: Review: Waterway Realty, LLC
Brian Colsia, contractor
103 No. Main Street
Newton, NH 03858
(Lot # 009-03-004)
The Applicant is seeking to build 4 single-family, 2 bedroom, 1 ½ bath dwellings, where at this time, there is a dwelling that contains 4 units. Septic has been approved for 8 bedrooms,
The Applicant is seeking variances from:
- Section XIV Residential A Zone Uses #1, to allow the continued use of four single family dwellings on one lot. At present, only one dwelling is allowed per lot.
- Section XI #2 & 3(a) expansion of non-conforming structures to expand the footprint of the existing structures and to move structures to accommodate fire, safety & setbacks.
Mr. Gibbs requests to see the ‘tax card’. Not Available.
The Board reviews the proposal. It has not yet gone before the Planning Board. Mr. Colsia does have a denial from Mr. Sam Zannini, the Town Building Inspector. It seems that Mr. Zannini suggested that the Applicant come to the Zoning Board and get a denial, and then go to the Planning Board. The members of the Board feel that it should have been the Planning Board first.
Mr. Cardoso feels that if the Board were to approve this, they would be tying up the hands of the Planning Board. Neighbors need to be brought in for their opinion. Mr. Kozec reminds everyone that the town requires 1.3 acres per building lot. Then he reiterates the suggestion that the Applicant go to the Planning Board first. Even though it’s a non-conforming lot, it still does not meet any of the requirements.
Mr. Gibbs says that if he were tearing down these old buildings and building the new structures on the footprint of these old houses, it would be a lot better. The expansion here is probably about 350% to 400%.
Discussion on when and/or whether or not these four existing structures have been changed from summer camps to year-round residences. The Applicant is suggesting the building of four 24x36 houses. The Town only allows 1 structure on such a small building lot. Mr. Cardoso injects that you cannot put 12 people on a 2 acre lot. Mr. Colsia does not intend to build on footprints of the former buildings. The structures will be moved around and enlarged. The Town has a duty to improve it. He is suggesting ‘cluster housing’, also not permitted in town.
Mr. Colsia reiterates that he is only following Mr. Zannini directions: Zoning Board and then Planning Board. The Board again suggests Planning Board before Zoning Board.
Mr. Milner, speaking as a concerned resident of the town, questions this possibility of cluster housing. He is not representing the Planning Board. He is speaking in the best interest of the Town. Offering a variance to something so broad is ... Those two are essential fundamental components of Residential A Zone. The whole idea of residential A Zone, is single-family homes. It’s been #1 on the list since the original zoning in 1973. It’s a fundamental characteristic, and I would voice my opinion as a resident that those type of variances should not be allowed. Allowing such a variance for such a project would change the essential character of the Town. There are other options, if you follow the Zoning Ordinances to develop the project. This is not a simple
footage requirement. It is the essential character. He is concerned that this will not maintain the character of the town.
Mr. Cardoso feels that this is why he should go to the Planning Board first to see what is palatable to them.
Mr. Kozec reminds the Applicant that if he still wants a Public Hearing, they can’t deny him the hearing. The Board is just trying to guide him in the right direction.
The Applicant again repeats that he and his engineer have met with the Building Inspector twice. Mr. Zannini apparently said that they should bring him a plan, and let him deny it. Then it goes to ZBA. If you go to Planning Board…
The Board interjects “If you want us to hear it next month, we’ll hear it!” He replies that he wants a hearing. Board members feel that all the paperwork is in order, and that they will see him next month.
Discussion on if there is actually someone living in those structures. There is a ‘for sale’ sign on the property… and lots of moving in and out.
Mr. Gibbs requests having the tax card at the next meeting…so they can see what has happened through the years. He is in favor of the project, to rebuild in place, but not to change it like this.
Mr. Cardoso reminds them that if the Board approves these variances, he (the Applicant) would not have to go to the Planning Board. This would say that he can expand as a non-conforming use, and would not need to go to the Planning Board.
Mr. Gibbs feels that the Applicant should have come in with a list of all the variances that they would need. Every house will need variances. Mr. Cardoso injects that he would not need that if they were to approve ‘non-conforming use’.
OLD BUSINESS: Review of ZBA budget and expenditures. Quick look at the spreadsheet…
Inquiries about the new computer that Mrs. Clark is using. NICE!
Since there is nothing more that really needs discussion, Mr. McElroy accepts a motion to adjourn.
ADJOURNMENT: A motion was made at 7:45 PM by Mr. Kozec to adjourn. Second by Mr. Cardoso. All in favor! Motion carries.
Next meeting will be Tuesday, September 15, 2015 at 7:30 PM.
Respectfully submitted,
Jeannette Clark, Secretary
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