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December 10, 2013 Board of Selectmen Minutes
NEWTON BOARD OF SELECTMEN
DATE: TUESDAY, DECEMBER 10, 2013
TIME: 6PM
LOCATION: NEWTON TOWN HALL, 2 TOWN HALL ROAD

PUBLIC MEETING

  • Call to Order, Roll Call Vote
Chairman Thayer called the meeting to order at 6pm.  In attendance were Chairman Raymond D. Thayer, Ch., Selectman Charles R. Melvin, Sr., Town Administrator Nancy J. Wrigley and Office Manager Mary Winglass.  The meeting was audio taped; minutes were transcribed and typed by Office Manager Winglass.

Selectman Robert S. Donovan, Jr. was not present due to illness.

Anna Barbara Hantz, Esquire Re: 19 South Main Street

Present were Town Attorney Sumner Kalman, Patricia and Raymond Bateman and their Attorney Anna Barbara Hantz; Code Enforcement Officer Laurence Middlemiss and Chief Building Official Ron LeMere.

Attorney Hantz sent a letter to the Board of Selectmen asking for an extension from the 30 day requirement to come into compliance to obtain Planning Board approval for change of use.  Hantz asked the Board to withdraw the notice of violation or a stand-still agreement which would stay all penalties.  Hantz explained that the clock can start with the date of the Notice of Violation and they need additional time.  

Town representatives present kept informing Attorney Hantz that the next step is to contact the Planning Board; this falls under their auspice as an elected Board and you need to start there.  

Attorney Hantz discussed that the intent is to rent the house which is allowed under the residential use; the house was rented prior therefore there is no change to that aspect.  The barn has been rehabbed with the same use, again no change.  Land use is for storage of agricultural materials.  The Batemans are looking at a minor site plan for the new property only.

A discussion took place that there is a potential violation with the type of use in the Village District and the land alteration that has taken place to include culvert pipe and wetlands.  But again the first avenue is to go to the Planning Board with the intended use of the property.  Ray Bateman stated that he has rented a spot in Kingston and is willing to pay the rent until this is resolved.

Town Attorney Kalman responded that compliance means applying to the Planning Board.  The Board agreed to amend the Notice of Violation dated November 14, 2013.

Motion made by Chairman Thayer to amend the Notice of Violation dated November 14, 2013 regarding the Patricia Bateman property at 19 South Main Street, Map 011-05-019 is amended as follows; the language “You have 30 days from the date of this notice to come into compliance” is deleted and the following is substituted: Patricia Bateman is required to commence the Planning Board approval process by making application on or before February 25, 2014 and to pursue the approval process as required by the Planning Board.  Second by Selectman Melvin.  Motion passed with a unanimous vote.

Other Business

The Board signed a letter in support of the Adult Medical Day Program.

Chairman Thayer adjourned the meeting at 7:23pm.


Respectfully Submitted,


Mary Winglass, Office Manager