Minutes

 NEWMARKET ZONING BOARD OF ADJUSTMENT

DECEMBER 9, 2013

MINUTES

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

Absent:             Bill Barr (excused), Elaine Winn

Agenda Item #1 – Pledge of Allegiance

Agenda Item #2 – Review & approval of minutes:  11/16/13, 11/25/13

11/16/13

            Action

                        Motion:           Bob Daigle made a motion to accept the site walk minutes as                                                       transmitted

                        Second:           Wayne Rosa

                        Vote:               All in favor

11/25/13

            Bob Daigle stated he had only read the first draft.  The second draft came in today and he has not had a chance to read them.  Richard Shelton stated he had read the second draft.  Wayne Rosa stated he had not gone over the second draft.

            Chairman Hawkins stated they would defer approval of these minutes until the next meeting. 

Agenda Item #3 – Regular Business

            William D. Pothier – Continuation of a public hearing for a Variance reference Section 1.05(B)(1)(c), of the Newmarket Zoning Ordinance.  The applicant requests a Variance for a horizontal expansion to allow the existing foundation, flooring, and roof to remain in place.  This renovation will involve relocating sections of the existing exterior walls to create alcoves (insets) on either side of the building to give the appearance of the separation of the buildings similar to what existed prior to the reconstruction of the boathouse and barn, while protecting the structural integrity of the sluiceway and providing adequate site safety.  The lot is located at 8 Bay Road, Tax Map U2, Lot 356, R2 Zone.

            Chairman Hawkins stated the public hearing on this matter was closed at the last meeting.  They are here tonight for deliberations.

            Richard Shelton stated he put some of his findings of facts together. 

            Attorney Hogan made a point of order stating it is usually the Board’s practice, at the beginning, to offer the applicant a five member Board.  Chairman Hawkins stated that was correct.  He stated Bill Barr was not able to attend this meeting.  He did not know where Elaine Winn was.  He asked what their preference was.  Attorney Hogan asked if he could have a moment to call his client, who was available by phone this evening.   He will ask him what his preference is.  Chairman Hawkins stated he could take the time necessary. 

            (The Board took this time to read the revised minutes of 11/25/13)

            Attorney Hogan returned to the meeting room and thanked the Board.  He stated he is going to ask for a full five-member voting Board.  He did not ask for that lightly and he did not want to take everyone’s time, but this has gone on for so long, he believed they should have a full Board.  Chairman Hawkins stated they would continue the meeting.  Bob Daigle asked if they could wait a few minutes to see if Elaine Winn may come to the meeting.  Chairman Hawkins stated they could continue to read over the revised 11/25/13 minutes, while they were waiting. 

            The Board waited and read over the minutes for approximately 15 minutes.

            At this point, the Board reviewed the revised minutes of 11/25/13.

            Chairman Hawkins made a correction, on page 4, line 32.  He thought it should be clearer, “…he may make some use…” should read “…the applicant may make some use…”. 

            Chairman Hawkins stated, on page 11, line 16, it says “He was not clear on what he was asking for right now.”  He meant the applicant was not clear on what he was asking for right now.  He stated the applicant wants to be allowed to take advantage of the uses of accessory buildings, as they currently exist.  Otherwise it was vague.   

            Action

                        Motion:           Bob Daigle made a motion they accept with the corrections                                                           noted (Chairman Hawkins clarified this was for the November                                                      25, 2013 minutes)

                        Second:           Richard Shelton

            Wayne Rosa stated on page 10, line 31, “…could be denied” should change to “…should be denied”. 

                        Vote:               All in favor

            It was now 7:25 p.m.

            Chairman Hawkins stated, at this point, he suggested continuing the meeting until such time they could have a quorum.

            There was discussion of a date for the next meeting.  It was decided on December 16.  Chairman Hawkins stated he would like the agenda to state it is a continuation of consideration of the application.  There will be no public hearing, it is a public meeting.

            Action

                        Motion:           Bob Daigle made a motion to continue the public meeting until                                                     December 16, 2013 at 7:00 p.m.

                        Second:           Wayne Rosa

                        Vote:               All in favor

Agenda Item #5 – New/Old Business

            None.

Agenda Item #6 – Adjourn

            Action

                        Motion:           Bob Daigle made a motion to adjourn

                        Second:           Wayne Rosa

                        Vote:               All in favor