BOA 12-14-2009

APPROVED

TOWN OF PELHAM

ZONING BOARD OF ADJUSTMENT MEETING

December 14, 2009

The Chairman called the m= eeting to order at approximately 7:00 = pm.

The acting Secretary Peter McNamara called rol= l:

PRESENT:

ABSENT:

Robert= Molloy, Svetlana Paliy, Peter McNamara, David Hennessey, Alternate Bill Kearney, = Alternate Chris LaFrance, Alternate Lance Ouellette, Planning Director/Zoning Administrator Jeff Gowan

Kevin O’Sullivan

HEARINGS

Case #2429 &nbs= p; Fichera, Frank Jr. & Crooker, Constance /52 Dutton Road Map 36 Lot 10-358 seekin= g an “Area” Variance to Article III, Section 307-12 to permit the subdivision of land to allow two lots without 200 feet of frontage.

Mr. Gowan indicated that = the applicant requested that their hearing be scheduled for the February, 2010 meeting to give them the opportunity to work out details with the abutters.=

ADMINISTRATIVE BUSINESS

Review ZBA By-Laws and discuss changing the appeal periods so th= at they are all 30 days rather than 20 & 30 days.

The Board reviewed the am= ended Zoning Board of Adjustment Rules of Procedure and By-Laws.

Mr. McNamara made a motio= n to accept the amended Rules of Procedure and By-Laws as are amended in the han= dout provided. Mr. Hennessey secon= ded the motion. The Board voted a= ll in favor.

Mr. Ouellette was then ap= pointed to vote regarding the amendment. Mr. McNamara made a second motion to adopt the amended Rules of Procedure and By-Laws as indicated in the document before the Board and as discussed. Mr. Hennessey seco= nded the motion. Mr. Gowan pointed= out to the Board that under By-Law Enac= tment and Amendment the wording= indicated that the By-Laws may be amended by majority vote of the regular members. He asked the Board if they would l= ike to include alternates. There was= a brief discussion. The Board d= ecided the wording should simply say ‘members’. The wording on page 7 will now read “These By-Laws may be amended= by majority vote of the members, after which….”

Mr. Ouellette did not vot= e on the following motion.

MOTION:

(McNamara/Paliy) To ado= pt the amended Board of Adjustment Rules of Procedure and By-Laws as discussed a= nd as presented to the Board in the document provided by Mr. Gowan.

VOTE:

(4-0-= 0) The motion carried.

MOTION:

(McNamara/Paliy) To ame= nd the amended Board of Adjustment Rules of Procedure and By-Laws as follows: pa= ge 7, item 1 will read: “These By-Laws may be amended by majority vote of the members, aft= er which….”

VOTE:

(4-0-= 0) The motion carried.

DISCUSSION

Mr. Gowan circulated a co= py of an amended voting slip that contained verbatim language from the Ordinance. The Zoning Board applications will= also contain the same language. Any application that is submitted prior to January 1, 2010 shall follow the old rules. Mr. McNamara read aloud a portion = of RSA 674:33,B regarding the criteria applications are reviewed. Mr. Gowan said he would seek Town Counsel’s opinion for what criteria the Board should use when reviewi= ng applications. Mr. Hennessey questioned if the Local Government Center had a suggested form. Mr. Gow= an will contact them to find out.

MINUTES

October 1= 5, 2009

MOTION:

(Hennessey/Paliy) To ap= prove the October 1= 5, 2009 meeting minutes as written.

VOTE:

(3-0-= 0) The motion carried.

(these minutes were previ= ously approved during the November 9, 2009 meeting; they were inadvertently included on the current meeting’s agenda)

November = 9, 2009

MOTION:

(McNamara/Hennessey) To= approve the November 9= , 2009 meeting minutes as written.

VOTE:

(4-0-= 0) The motion carried.

ADJOURNMENT

MOTION:

(Hennessey/McNamara) To= adjourn the meeting. <= /b>

VOTE:

(4-0-= 0) The motion carried.

The meeting was adjourned= at approximately 7:56 pm.

&n= bsp; = ; &n= bsp; = ; &n= bsp; = ; &n= bsp; Respectfully submitted,

&n= bsp; = ; &n= bsp; = ; &n= bsp; = ; &n= bsp; Charity A. Landry Willis

&n= bsp; = ; &n= bsp; = ; &n= bsp; = ; &n= bsp; Recording Secretary