Zoning Board of Adjustment
Meeting Minutes
September 15, 2003
Members present: Michael A. Methe; Chairman, Daniel Baker; Clerk, Edwin Mattson and Jane Roberts
Members absent: Coni Porter; Alternate and Gerald Neiman; Alternate
Chairman Methe called the meeting to order at 7:30 p.m.
Public Hearings
7:30 p.m. Case #03-10: Verizon New England requests a Special Exception from Article VIII: Section 127-35(C) to expand a non-conforming use by putting a 15’ x 30’ addition on the rear of the existing building located at 11 Upper Troy Road, Tax Map 32; Lot 27, in the Residential, Village Center Business and Historic Districts. – Chairman Methe opened the public hearing at 7:30 p.m. and read the case title aloud. Mr. Tom Petersen, the architect presenting these applications and Mr. David Giffin, a Verizon representative were present, as well as several abutters.
Chairman Methe told Mr. Petersen that he has to advise him that they do not have a full Board this evening, and that a full Board is five people and they only have four present. Chairman Methe added that in order for the Special Exception to be granted, three of the four votes would have to be in favor of it. Chairman Methe told Mr. Petersen that he has the option of having this meeting postponed or going forward this evening. Mr. Petersen asked if he could ask for some clarification on that and told the Board that he has had a very confusing afternoon and explained that two attorneys from New York, and one from New Hampshire, have been talking this afternoon and he, Mr. Giffin, and the neighbors of this property, have been backed into these conversations via cell phone calls over the past two hours. Mr.
Petersen stated that he would very much like to proceed and show people what they are planning to do, and added that he would like to hear the responses and reactions from the neighbors, because he understands through conversations that there are concerns. Mr. Petersen asked if after doing that if they had to vote, or if he could request a continuance. Chairman Methe said that they have the option to request a continuance but it has to be done at this point, and he explained that you cannot pick out the part that you want to do and then decide to continue it.
Mr. John Schott called for a point of order which Chairman Methe acknowledged. Mr. Schott of 15 Upper Troy Road introduced himself and stated that he understands that the Board is in possession of a letter from Linda Connell, the attorney for Verizon. Chairman Methe turned to the Administrative Assistant who told him that we have not received a letter from an attorney, and the only letter that was received was from an abutter, and that was received this morning. Mr. Schott continued and said that a copy of that letter was delivered this morning. Mrs. Scott told her husband that the letter was from Carol Langer, an abutter. Mr. Schott apologized and asked Chairman Methe if he spoke with Ms. Connell this afternoon. Chairman Methe said that he did; around 5:15 p.m. Mr. Schott said Ms. Connell spoke with his
attorney also, and he has a prepared statement from his attorney, which he read aloud and asked be made part of the record. The letter stated that Verizon would be seeking a continuance of the hearing or, if the continuance was not granted, a withdrawal without prejudice to file future applications. The letter also stated that Ms. Connell was unable to attend the hearing tonight due to a conflict in her schedule, and that is what she called Mr. Methe about. Mr. Schott asked to approach the Board to provide them with three copies of this letter. Chairman Methe said that was fine, and then stated that the petitioner had to request the continuance; and at this point, they have not been asked for a continuance by the petitioner. Mr. Schott stated that Verizon is the petitioner, and he asked if Mr. Petersen represents himself as representing Verizon, or if Ms. Connell, who has represented herself as representing Verizon does. Chairman Methe said that he was told that there was going to
be a representative here representing Verizon. A man by the name of Dave Giffin stated that he was the representative from Verizon, and provided the spelling of his name for the record. Chairman Methe stated that he thinks that they have to address Mr. Giffin. Mr. Giffin stated that he can say at this point that he believes that with lawyers involved in all of this, that he would ask for a continuance. Chairman Methe clarified that he is requesting a continuance. Mr. Giffin said yes, and apologized for everyone having to show up tonight. Board member Edwin Mattson stated that there is a letter in the file from Verizon authorizing Tom Petersen to represent Verizon on matters pertaining to their applications for a building addition at their facility in this town. Mr. Petersen stated that he requests a continuance, and then said that he is a little disappointed that he couldn’t bring everybody up to speed as to where they are, but if that’s the rule of the Board then they’ll have to
figure out another way. Chairman Methe stated that it is not the Board’s rule, it is dictated by the statutes, and you cannot go half way through tonight and then decide that you do not want to go forward tonight; it has to be one or the other. Chairman Methe clarified that they are choosing a continuance. Mr. Petersen said that he doesn’t think that they have a choice because they do not know what the negative responses are and they are in a bind so they will take another month or two and try to figure out what everyone wants and they will come back.
At 7:40 p.m. Chairman Methe stated that there will not be a public hearing for these applications tonight and this public hearing is continued to a date not yet determined. Mr. Schott asked if abutters would be advised of the new hearing date and Chairman Methe stated that they would be notified just as they were for this hearing.
7:45 p.m. Case #03-11: Verizon New England requests a Special Exception from Article V: Section 127-19 (F) to construct a 15’ x 30’ addition to the rear of the building located at 11 Upper Troy Road, Map 32; Lot 27, in the Residential, Village Center Business and Historic Districts, while having less than the required front and rear yard setbacks. – This case was postponed.
Administrative Work
*** Review and approve June 16, 2003 Meeting Minutes – Daniel Baker moved to accept the minutes of June 16, 2003 as written. Jane Roberts seconded. A unanimous vote in favor of the motion was taken.
*** Review letter submitted by Alternate Coni Porter – Reviewed. Chairman Methe noted that Coni has indicated that if the meeting night cannot be changed, then her letter serves as her official resignation.
*** Appoint alternate member to fill regular member vacancy – The Board postpone acting on this until all Board members are present.
*** Make recommendations for alternate member(s) – There were no recommendations made this evening.
*** Discuss meeting schedule and amendments to the Rules of Procedure – The Board again discussed changing their meeting night. Selectman Susan Silverman told the Board that the Board of Selectmen wanted to know if they were going to change their meeting night and Chairman Methe explained that some of the Board members are having a problem with Monday night for their meetings. Mrs. Silverman explained the other Board’s meeting schedules noting that the Planning Board meets on the first and third Tuesday night each month, and have been holding some additional work meetings for the Master Plan update and ordinance work. She noted that Margo could be at only one meeting if they both met on the same night. Mrs. Silverman added that the Selectmen meet
on Wednesday nights, so it is possible that there would not be a Selectman present for their meeting, depending on the Selectman’s agenda. Lastly, the Budget Committee has been meeting on Thursday nights for the past few years, and this night would not be a problem until budget season, which is from November to February. Their meeting schedule for this year has not yet been determined. Mrs. Silverman told the Board that she wanted them to know the other issues surrounding this. The Board agreed to poll each member and have them prioritize their preference for Monday through Thursday nights. Margo will prepare something and send it to each Board member. There was no discussion about the Rules of Procedure this evening.
Correspondence
*** Notices of Decision issued by the Planning Board (August) - Reviewed
*** Office of State Planning Annual Fall Planning and Zoning Conference; Saturday, October 25, 2003
*** Registration for NHMA’s Annual Law Lecture Series – Chairman Methe provided Margo with his registration form for two of the lectures.
Chairman Methe adjourned the meeting at 8:00 p.m.
Respectfully submitted,
Margo M. Best
Administrative Assistant
Land Use
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