APPROVED:

____________

AGENDA: COMPLIANCE HEARING: SWISS VIEW VILLAGE CONDO.

ASSOC., 1330 Lake St., #111-071

USE VARIANCE: DONALD J. CALDWELL, 994 West Shore Rd.,

#101-013

REQUEST FOR REHEARING: SHEILA McDONOUGH/BRUCE

BARNARD, 61 Brown’s Beach Rd., #104-138

PLAN NH

ATTENDING: Dan Bouchard (Chairman), Sandra Heaney, Lloyd Belbin, Donna Hardy, Lorraine Onorato-Sullivan

ABSENT: -----

OTHER: Michelle Bonsteel (Land Use Officer), public

The meeting opened at 6:00.

MINUTES OF DECEMBER 2, 2008: L. Belbin made a motion, second by L. Onorato-Sullivan, to accept the minutes as read. The motion carried.

USE VARIANCE: DONALD J. CALDWELL

Mr. Bouchard read the letter from Mr. Caldwell asking to withdraw his case. The Board did so.

REQUEST FOR REHEARING: SHEILA McDONOUGH/BRUCE BARNARD

The Board read the request and reasons that were submitted. Mr. Bouchard felt that the applicants did not understand that this was clearly submitted as a Use Variance. He felt that it would be wrong to change it to an Area Variance. The Board agreed; felt that there was no change. A vote was taken and it was ruled NOT TO REHEAR.

COMPLIANCE HEARING: SWISS VIEW VILLAGE CONDO. ASSOC.

All of the permits for the 6 garages were accounted for. The applicant submitted the DES approval. DOT approval with conditions had been received. The Board agreed that all conditions had been met.

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ZBA Minutes

1/6/09

LAWSUITS:

LABRIE: Mr. Bouchard reminded the Board that we can discuss procedure but to be cautious of opinions. He then explained that the town attorney, Bernie Waugh, says that a mistake was made in the procedure for the Appeal From Administrative Decision in the Bradford case was wrong as public input should have been allowed. He advises that the ZBA should hold a rehearing which Atty. Waugh is in the process of negotiating. Mr. Bouchard stated that the only thing that the ZBA was to consider was “does the Code Enforcement Officer have authority to rule on this”.

There is another issue before the court in this case: the issue of 4 people being overheard making decisions in the Planning/Zoning Office. This can be defended. Ms. Bonsteel stated that everything up to the Appeal and everything after the Appeal was done correctly.

PEFF: They feel that they were not allowed due process and question that the Code Enforcement Officer had authority to deny a rehearing. Peff filed an Appeal from Administrative Decision which we heard and denied; backing the decision of the Code Enforcement Officer. Therefore, there is no issue.

COMMUNICATIONS:

We received Bernie Waugh’s copy of filing with the court on the Labrie case, a copy of the letter to Ken Ivester from Ms. Bonsteel pertaining to his appeal before the Wetlands Council, a memo from Ms. Bonsteel with updated information in replay to a fax from Atty. McGrath regarding Peff on another issue, a calendar from LGC, and an inter-office memo from Christina McClay in regard to I.D. tags when going to personal properties. Ms. Hardy stated that she cannot get to the office when it is open, so this is a problem for her.

CASE STUDY (LGC): Mr. Bouchard read the case of MacNamara vs. Hersh regarding permits and the time constraints. It was felt that we have 30 days in our bylaws.

Plan NH: A copy of the Plan NH booklet has been received and will be held in the office for anyone to look at.

LEGAL UPDATES WITH ATTY. WAUGH: Everyone was reminded that Atty. Waugh will hold his annual legal updates seminar on January 21, 2009 at 7:00 p.m. Mr. Bouchard encouraged all to attend.

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ZBA Minutes

1/6/09

OTHER:

Mr. Belbin asked what has happened with the tree house on Crescent Street. It was explained that the town attorney would have to take it to court and the Selectmen/Town Manager do not want to authorize doing so. Mr. Belbin asked what if someone comes in regarding this. Mr. Bouchard read the Zoning Ordinance rules for Enforcement (it was noted that the Code Enforcement Officer title has been changed once again and is now Land Use Officer. Mr. Belbin suggested that the title of Code Enforcement Officer be added to Land Use Officer rather then to change all the places it is mentioned in the Zoning Ordinance.

With no other business, S. Heaney made a motion, second by L. Onorato-Sullivan, to adjourn at 6:45 p.m.

Respectfully submitted,

Jan Laferriere, secretary