Newton Board of Appeals
P.O. Box 378
Newton, N.H. 03858
MINUTES OF THE MEETING of September 15, 2015
CALL TO ORDER at 7:30 PM by Chairman Tom McElroy
ROLL CALL: Chairman Tom McElroy, Vice-Chairman Alan French, Bradley Cardoso, Michael Connolly, Jack Kozec, and Alternate Frank Gibbs
Absent: Alternate Ken Pelletier
Guests: Paula Brennan, Edward Comer, Mr. Colsia, Mr. R. Milner (concerned resident)
ACCEPTANCE OF MINUTES:
A motion was made by Mr. Kozec to accept the minutes of the meeting of August 18, 2015. Second by Mr.Gibbs. All in favor. Motion carries.
PUBLIC HEARING FOR: Waterway Realty, LLC
Brian Colsia, contractor
103 No. Main Street
Newton, NH 03858
(Lot # 009-03-004)
The Applicant seeking to build 4 single-family, 2 bedroom, 1 ½ bath dwellings, where at this time, there is a dwelling that contains 4 units, BEGAN THE Hearing, by passing out copies of the Application he had provided beforehand, and a copy of the map dated 07-10-15 (J.Lavalle, LLS). Septic had already been approved for 8 bedrooms, but was now out of date. The Applicant said he would renew such, when proposal was approved.
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. Colsia told the Board that the existing buildings had all been appraised as 2-bedrooms. He claimed that these were “visual appraisal” as the Town had done these appraisals. No one has ever heard of “visual approvals” in the Town.
Mr. Gibbs read the ‘tax cards’ provided and could not find the number of bedrooms anywhere. He remembered these units as being little one-room cabins. Were these apartment buildings? asked Mr. Gibbs. No! But are they rented? Yes. Mr. Gibbs calls this “cluster housing” and this is not allowed in this Residential A area. Mr. Cosia argued that apartments were ‘contiguous units put together’… These are not going to be attached, but they are apartments… Mr. Cosia replied “If you’d like to call them apartments, sir, you may call them apartments. OK? I’m not going to debate it with you..”
Mr. French reads that there is only one dwelling to a lot in that zone.
Mr. Milner, checking the ordinances, states that it takes 20 acres for a cluster. There also is a wide variety of requirements.
He and Mr. Gibbs say that Mr. Colsia is seeking a variance to the entire nature of the zone.
Group discussion. It appears that Mr. Colsia is going to continue rental of these dwellings. He already rents the dilapidated ‘dwellings’ at this time. That also is not permissible in this zone.
Paula Brennan requested voicing opinions “while there is a lull”. She and her family also live on North Main Street, abutters to this property in question. They are dead-set against both variances. When they moved to Newton 12 years ago it was because of the space, Newton does not offer cluster housing, which they appreciate because it would take away the ambiance of the Town. This project would increase the footprint by 300-400%, which is considerable on a little more than 2 acres. We believe that this will devalue the houses in the neighborhood. It will not fix the transient population. There have been many problems there in the past. With that being said, something has to be done with that area. It’s an embarrassment to the Town of Newton. She further suggests a
gorgeous big house there would be more appropriate, and the abutters would all be for that.
Edward Comer, also a resident of the area, stated that most all of the trees will be taken down. This land abuts the Town Forest land. Someone will have to come in and cut down all those nice trees. We have already done enough clear-cutting in this town. He tells the Board that none of these plans were included in the certified letter that came. Mr. Kozec and Mr. French told that they had reviewed all of these plans last month during the Review.
The abutters admit that they do not know a whole lot about this, but to them “this is not the answer.” No one likes looking at that, not anyone in the town. She continues by requesting why Mr. Cosia could not just build a nice big house. Mr. Cosia says that he is grand-fathered and “in non-conforming pre-existing, that could stay there forever.” No one wants to argue. This lot is the only thing that is bringing down the evaluation of surrounding lots.
Mr. Cosia replies that these single-family dwellings would bring in another kind of class, as he is “putting in $700,000 into these.”
Mr. Cosia would be reusing the existing well. Mr. French asks if Mr. Cosia was going to ask for variances on each one of these buildings. The reply: “No, I’m going for a variance for all of them. That’s what I’m asking you for right now, to change the structures and put up these new structures. Just one variance.”
Mr. Gibbs speaks up: “He wants us to say it’s OK, so that when he goes to Planning Board, the Planning Board cannot do a thing. They can just OK it.”
Mr. Kozec asks if they still have input into the situation. Mr. Gibbs says that they would not if we agreed to all the variances requested.
Mr. Kozec explained the process of the Board reviewing the Application the month before the Public Hearing.
R1 does not allow apartments in that Zone in the Town of Newton.
Mr. Milner, as a concerned resident, reminds the Board that the first variance does go to the essential nature of Residential A housing, which is a ‘single’ single family home.
This has been the Number one listed essential characteristic nature of Residential A Zoning since zoning was instituted in 1973. It would be contrary to the Public interest, since it would alter the essential characteristic of Residential A Zoning. Also, #5, ‘would result in unnecessary hardship’, there is no unnecessary hardship since there are other options in developing the property. This hits to the heart of the essential character of Residential A Zoning, and it would affect all Residential A Zoning, in my opinion. Spirit of the ordinance is observed: if this were allowed, it would not be observed. The Spirit of the ordinance of Residential A Zone housing is “one single family home”. This would violate 3 out of the 5 Variance Standards. This would also affect the
cluster housing ordinance. This is not an allowable type of variance, due to the fact that it’s the entire nature of the zone.
Mr. Cosia tries to compare it to property in another town, and tells the Board that he “does not have to put $700,000 into your town. I can spend my money in other towns.” He continues with “we own properties in 7 other states, so we don’t really care.”
Board reviews some of the requirements for ‘cluster housing’.
Chairman McElroy suggests going through the ‘criteria’.
- Contrary to public interest/does not alter essential nature….. All disagree
- Spirit of the ordinance – All disagree…
Mr. Cosia says ‘We’re all set guys. Have a good night……..20% every month like clockwork…and you can look at them till the end of time…’
Mr. French apologizes to the abutters, telling them that this is not what usually happens at meetings. There are not usually outbursts.
Board agrees to go on with the process, the review of the Standards.
- Substantial justice… answer does not make sense… All vote NO…
- Values of surrounding properties is not diminished…problem with the answer again... These houses could not be sold individually, nor rented, nor sold as condos… Cul-de-sac not usually favorable with the Fire Chief…All these would cause more problems… All vote NO…
- Unnecessary hardship… All vote NO…
Mr. Kozec makes the motion to deny the request for variances. Second by Mr. Connolly. All in favor! Unanimously! Motion carries.
Mr. Cardoso “That is why the Town needs codes on rental properties… and we don’t have any… then… could go knock on doors and see if the conditions were livable…”
The Board discusses…and agrees that Mr. Cosia should not be allowed to rent those units. No one could believe that there were people living in those cabins. Someone asked if Mr. Cosia lived there… No, he lives in Manchester… He’s renting it out and not living on the property. That’s illegal too. He’s running a commercial business. Someone would need to file a complaint about this. It would depend on conditions prior to zoning….
At 8:11 PM Mr. French makes a motion to close the Hearing. Second by Mr. Kozec.
All in favor. Motion carries.
Next meeting will be Tuesday, October 20, 2015 at 7:30 PM.
Respectfully submitted,
Jeannette Clark, Secretary
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