Minutes

 NEWMARKET ZONING BOARD OF ADJUSTMENT

MARCH 30, 2015

MINUTES

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

Called to order:           7:39 p.m.

Adjourned:                  7:51 p.m.

Agenda Item #1 – Pledge of Allegiance

Agenda Item #2 – Review & approval of minutes: 12/08/14

Action

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

              Second:             Wayne Rosa

              Vote:                  All in favor

Agenda Item #3 – Regular Business

Election of Officers

Chairman

Bob Daigle nominated Chris Hawkins for Chairman.  Wayne Rosa seconded.  All in favor.

Vice Chairman

Chris Hawkins nominated Wayne Rosa for Vice Chairman.  Bob Daigle seconded.  All in favor.

Kyle Barnett/Maury K. Barnett - Public hearing for a Variance reference Section 7.03(B) of the Newmarket Zoning Ordinance to permit an accessory apartment on the second floor of a detached garage, where the requirement states that it be contained entirely within the detached single-family residence, and for a Special Exception reference Section 7.03 to permit an accessory apartment if all conditions are met.  The property is located at 48 Elm Street, Tax Map U2, Lot 207, R-3 Zone. 

            Chairman Hawkins stated the applicant could speak to the Board and present his application if he wished, but he wanted to make the applicant aware there are normally five members on the Board and, right now, they only have four members.  It takes three affirmative votes for the application to be approved.  The applicant has the option to wait until a five member Board can be present.  He stated, statistically, it is easier to get the three votes with a five member board.  If he decided to wait for the five member Board, they would need to wait until the Town Council received an application from someone wishing to be on the Board and then for the Town Council to meet and approve that application. 

            Kyle Barnett asked what would happen if they went forward and did not receive three affirmative votes.  He asked if they could appeal.  Chairman Hawkins and Diane Hardy explained the hearing and appeal process.  The Board gave the applicants time to discuss their options.

            Kyle Barnett asked how the appointments to the Board worked.  Chairman Hawkins explained the Board would request the Town Council work with them to find a person willing to sit as a Zoning Board member for this application or maybe even for a full term.  He could not guarantee this would be done quickly, depending on whether someone was willing, but the attempt would be made. 

            Kyle Barnett chose to wait for a five member Board.  Chairman Hawkins asked Diane Hardy to speak to the Town Administrator about the issue of membership.  In the meantime, they may be able to get a former Zoning Board member to sit in for this application. 

            Diane Hardy stated the next Town Council meeting was April 15.  That is when the Town Council would make appointments to the Zoning Board, if they received any applications.  The ZBA meeting would be scheduled after that. 

Agenda Item #4 – Other Business

                        Diane Hardy went over the appeal pending in Superior Court regarding the Real Estate Advisors/Walter Cheney application reference Section 3.03 of the Newmarket Zoning Ordinance for property located at 1R Grape Street, Tax Map U2, Lot 206, R3 Zone, to allow increased residential density to allow four units on less than two acres of land on an existing nonconforming lot that does not meet the current road frontage requirements of 100 feet.  The motion for appeal was made by abutters of the property.  

Agenda Item #5 – Adjourn

            Action

                        Motion:          Bob Daigle made a motion to adjourn at 7:51 p.m.

                        Second:           Wayne Rosa

                        Vote:               All in favor