Minutes

NEWMARKET ZONING BOARD OF ADJUSTMENT

APRIL 23, 2018

MINUTES

Present:             Chris Hawkins (Chairman), Bob Daigle (Vice-Chairman), Wayne Rosa, James Drago, Richard Shelton (Alternate), Steven Minutelli (Alternate), Diane Hardy (Zoning Administrator)

Absent:              Bill Barr (Alternate) – excused

Called to order:             7:00 p.m.

Adjourned:                     8:15 p.m.

Agenda Item #1

              Pledge of Allegiance

Agenda Item #2

              Review & Approval of Minutes:          04/02/18

              Action

                             Motion:             Bob Daigle made a motion to approve the minutes of 04/02/18

                             Second:             James Drago

                             Vote:                  Chris Hawkins abstained

                                                          All others in favor

Agenda Item #3

               Regular Business

Chinburg Development, LLC - Public hearing for an application for an Equitable Waiver of Dimensional Requirements, as provided in RSA 674:33-a, of the NH Revised Statutes Annotated. A foundation was poured and framing had begun on the new single-family home, when it was discovered the structure was fourteen feet six inches from the property line, instead of the required fifteen feet.  The property is located at 8 Hayden Place, Tax Map R7, Lot 24-17, R1 Zone. 

              Richard Shelton was appointed to fill the vacant full Board member seat.

              There was no representative for the applicant present.

              Chairman Hawkins opened the public hearing.

              (Unable to hear the abutter)  Chairman Hawkins responded to him by saying it was good to know he had no concerns.

              Chairman Hawkins closed the public hearing.

              Vice Chairman Daigle stated he was disappointed no one was here from Chinburg Development.  He asked if the lot was laid out by a surveyor.  Chairman Hawkins stated the subdivision plan was done by Doucet Survey and the foundation certification was done by David Vincent.  Wayne Rosa stated Mr. Vincent certified it, but he did not necessarily lay out the foundation.  Diane Hardy stated it was her impression this was just an oversight on the part of the building team. 

              Chairman Hawkins asked if the Board was comfortable going forward without an applicant’s representative present.  Richard Shelton stated he was disappointed there was no one here to present this.  Chairman Hawkins asked if the applicant had been sent a public hearing notice.  Diane Hardy stated a notice was sent to the applicant on March 29. 

              Diane Hardy stated it was her understanding that both property owners were comfortable with the Equitable Waiver solution.

              Chairman Hawkins asked what the Board wanted to do from here.  Richard Shelton stated, if they wanted to move ahead for approval, he had written a motion.  The applicant should be here presenting their case.  Vice Chairman Daigle stated the RSA is clear the burden of proof is on the applicant.  They should be here to talk about it.  Wayne Rosa stated he thought they should be present.  Richard Shelton stated he had never seen the Board approve anything without an applicant present.  Diane Hardy offered to contact the applicant.  Chairman Hawkins stated he did not want to pursue the applicant.  They were sent a public hearing notice.  He stated they would be then sitting here for an unknown amount of time waiting for the applicant to arrive.  He stated they can deny the application, continue it or just approve it.  Wayne Rosa stated they could also not act on it and have the applicant go through the application process again.  Chairman Hawkins pointed out there would be major financial ramifications, if they denied the application.  Richard Shelton stated, if they are not here, it should be continued to a date specific.  Bob Daigle stated, if someone had been present, he had no problem approving it.  Diane Hardy asked if continuing this would be a burden to the property owner.  Richard Shelton and Bob Daigle stated that was not the Board’s problem. 

              Action

Motion:             Bob Daigle made a motion to continue the application to Monday, April 30, 2018 at 7:00 p.m. in the Town Council Chambers

                             Second:             Wayne Rosa

                            Vote:                  All in favor

              Chairman Hawkins asked Diane Hardy to contact the applicant and advise them of the meeting date.

              Abutter stated he was fine with this as long as there are no repercussions, such as problems with his well. 

              Chairman Hawkins stated if the applicant was here, they could have asked that question.

He asked Diane Hardy if she could pull out the well radii plan for the subdivision and email it to the Board.  She stated she would do that. 

Agenda Item #4

              New/Old Business

              Chris Hawkins mentioned a concern brought to him about Richard Shelton’s Alternate position.  NH RSA 673:5III states that a member is entitle to remain in office until a successor has been appointed and qualified.  The positions are appointed by Town Council to cover a term of three years.  Richard Shelton has been on the Board without official appointment by Town Council for two consecutive terms.  The concern was whether the Board was entering any gray areas with this lack of reappointment and whether there was any possibility of repercussions from it in the future.  No one has stepped up to take Richard Shelton’s position on the Board over this time.  Chairman Hawkins stated he will talk to the Town Administrator.   

Agenda Item #5

              Adjourn

              Action

                             Motion:             Bob Daigle made a motion to adjourn at 8:15 p.m.

                             Second:             James Drago

                             Vote:                  All in favor