Zoning Board of Adjustment
March 22, 2010
Approved April 12, 2010
Members Present: Katheryn Holmes, Chair; Barbara Richmond; Peter Fichter; Harry Seidel; Alex Azodi, Alternate.
Ms. Holmes called the meeting to order at 7:08 p.m.
There being no hearing scheduled, the Board moved into a work session.
Ms. Holmes appointed Mr. Azodi as a voting member for this meeting.
ADMINISTRATIVE BUSINESS
The Society for the Protection of New Hampshire Forests (SPNF)
Ms. Holmes reviewed a document from The Society for the Protection of New Hampshire Forests (SPNF) which describes a legislative proposal being drafted by a coalition including NH’s State Forester, the Forest Society, the NH Timberland Owners Association and state legislators that would provide for a more aggressive system of financial penalties for habitual offenders of state forestry and wetland laws. She read the following excerpt into the record:
“[Last winter,] an individual with a record of violating state forestry and wetland laws purchased 763 acres in Groton, proceeded to liquidate the remaining timber on the property, and was cited for 13 violations totaling $4,500 in fines. This same individual had previously been fined more than $40,000 by the State for violations of state forestry and wetland laws dating back to 2000.
This kind of habitual offender will continue to violate state forestry and wetland laws and build these costs into his cost of doing business. But when a forestry law enforcement official cited this individual for violations in Groton, the official had no ability to factor the offender's past record into the fines levied. Habitual offenders of state motor vehicle laws, unlike violators of forestry laws, are sent to jail if they accumulate a record of multiple and repeat offenses.
A legislative proposal is being crafted by New Hampshire's State Forester, the Forest Society, the NH Timberland Owners Association, and state legislators that would enable harsher financial penalties to be imposed on those who repeatedly violate state forestry and wetland laws. The limits on civil penalties would be increased to a maximum of $10,000 per violation, and violation of a cease and desist order would be elevated from a violation to a class A misdemeanor. These increased penalties are intended to provide a more persuasive deterrent to the habitual offenders who continue to flagrantly and willfully violate New Hampshire law. There are very few operators who fit this classification, but the few that do exist endanger the continued benefits of voluntary forest management practices for all others.”
Minutes
The Board reviewed the minutes of February 8, 2010 and made corrections.
Ms. Richmond made a motion to accept the minutes of February 8, 2010 as corrected. Mr. Fichter seconded the motion. All in favor.
Elections
Mr. Seidel made a motion to elect Katheryn Holmes as Chair of the Newbury Zoning Board of Adjustment and Helen Wright as Vice-Chair of the Newbury Zoning Board of Adjustment. Mr. Azodi seconded the motion. All in favor.
Ms. Holmes nominated Mr. Azodi as an Alternate to the Newbury Zoning Board of Adjustment.
Mr. Seidel made a motion to nominate Mr. Azodi as an Alternate Member of the Newbury Zoning Board of Adjustment. Ms. Richmond seconded the motion. All in favor.
Ms. Holmes requested that each member fill out the Town Oath and they did. She said she will submit the completed documents to the Town Clerk. Also, Ms. Holmes said she will contact Mr. Fichter and Mr. Seidel regarding the necessity of a face-to-face swearing in by the town clerk.
Ms. Holmes reviewed each member’s term expiration date as follows: Mr. Fichter (2012); Ms. Richmond (2011); Ms. Wright (2011); Mr. Azodi (2011); Sue Russell (2012); Mr. Seidel (2013); and Ms. Holmes (2013).
Office of Energy and Planning (OEP)
Ms. Holmes reminded the Board of the upcoming OEP conference on May 8, 2010. Three Board members said they planned to attend: Ms. Richmond; Mr. Seidel; and Mr. Azodi.
2010 Variance Criteria Application and Applicant Notice
The Board reviewed the revised “Application for a Variance” and draft notice to the applicant regarding the variance criteria changes. Mr. Seidel questioned whether or not it was appropriate for the ZBA to review the documents, noting that it was the role of the Planning Board (PB) to undertake such revisions.
Ms. Holmes said that the purpose of both documents was to help the applicant prepare fully before appearing before the Board for a hearing. She added that there exists among the ZBA, the PB and the Board of Selectmen a commitment of sharing information and concerns. One of the results of “information sharing” is a better-informed and more fully prepared applicant.
There was general discussion about the new variance criteria that went into effect on January 1, 2010, specifically that the new criteria is a state law (RSA 674:33) and that the criteria used for an “area” variance or “use” variance are now the same throughout the New Hampshire. Also, the Board noted that the new law takes precedence over the current variance criteria in the town’s Zoning Ordinance.
There was discussion about the draft notice to the applicant regarding the variance criteria changes. The recording Secretary was instructed to relay the Board’s suggestions to the PB at its next meeting on April 6, 2010. Additionally, Ms. Holmes said she will confer with Tom Vannatta, PB Chair, about the draft document.
Mr. Azodi expressed concern that the language used in the new criteria (RSA 674:33) currently does not match the language used on the revised application and has the potential to confuse the applicant.
Mr. Seidel suggested that the ZBA and the PB plan to meet and further discuss the concerns and issues surrounding the language used in the new variance criteria. Ms. Holmes agreed.
Ms. Holmes noted that that a variance is, by definition, an overturning of the Town’s lawful ordinance. She added that the guiding principle when considering a variance is whether or not it follows the “spirit of the [Town’s] ordinance”.
There was further general discussion about the term “spirit of the ordinance”, the Newbury Zoning Ordinance, the new variance criteria and the Newbury Master Plan.
ADDITIONAL BUSINESS
Ms. Holmes reviewed with the Board the Draft Comprehensive Conservation Plan and Environmental Assessment for the John Hay National Wildlife Refuge prepared by the U.S. Fish & Wildlife Service (FWS). She pointed out the three Plans offered by the FWS and encouraged the board to read the Plan and submit written comments to the FWS prior to the deadline on March 31, 2010.
Mr. Azodi made a motion to adjourn. Mr. Seidel seconded the motion. All in favor.
The meeting adjourned at 8:37 p.m.
Respectfully submitted,
Meg Whittemore
Recording Secretary
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