APPROVED AS READ:

May 6, 2008 _______

AGENDA: VOTE FOR OFFICERS

UPDATE BYLAWS

ATTENDING: Dan Bouchard (Chairman), Mike Willingham (Vice Chairman), Donna Hardy

Alternates: Lorraine Onoratto-Sullivan

ABSENT: Lloyd Belbin, Sandra Heaney (excused)

OTHER: None

The meeting opened at 7:02. Ms. Onoratto-Sullivan sat in for Ms. Heaney.

MINUTES OF MARCH 4, 2008:

The following amendments and clarifications were made:

Page 1, ABSENT, delete “Rick Alpers (Sel. Rep. – conflict)” and replace with “Donna Hardy”. Page 2, 1^st full paragraph, 2^nd line, replace “Blue & Steele” with “Blouin Steel” and in the 4^th full paragraph, 3^rd line, replace “5” with “3”. Page 3, next to last paragraph, 2^nd line, replace “contain within the building.” With “stop the continued development/retro of existing homes into multi-family dwellings.”

M. Willingham made a motion, second by D. Hardy, to accept the minutes as amended. The motion carried.

COMMUNICATIONS:

The LGC Local Officials Workshop notice was read. Mr. Bouchard kept the DES copy of a letter to Frank & Shirley Bednaz after reading it to the Board. The Lorman Education Services workshop was looked at. The March Town & Country magazine will be in the office for anyone who wishes to read it.

UNFINISHED BUSINESS:

A reminder of the OEP Spring Conference was given.

NEW BUSINESS:

ELECTION OF OFFICERS:

M. Willingham made a motion, second by D. Hardy, to elect Dan Bouchard as Chairman once again. The motion carried.

D. Bouchard made a motion, second by D. Hardy, to elect Mike Willingham as Vice Chairman again. The motion carried.

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NEW BUSINESS continued:

BYLAWS: To conform to the LGC Workshop on minutes, it was determined to keep the handwritten notes until the final approval and to keep any tapes for the 30 day appeal process unless there is to be a rehearing, in which case they shall be held until that appeal time has been run. The secretary is to write this up as a draft and bring it to the Board at the next meeting.

It was also mentioned that anyone representing an applicant must have a signed and notarized copy stating that they have legal authority to represent the applicant.

WORKSHOP:

REHEARINGS: Mr. Bouchard reported that he has been reading about the Plymouth Lowe’s rehearing. This caused him to look into RSA 677:3 as we were under the impression that there had to be new evidence for a case to be reheard. He learned that the ZBA can hear anything that they want. Mr. Bouchard called LGC and spoke with Kim, attorney on staff, and she verified this. She directed Mr. Bouchard to the OEP Handbook for 2007, page 46 (and this was read). The criteria for new evidence is not a requirement though it can be supplied. The Board can hold a rehearing so as to correct mistakes before they get brought into court. The attorney stated that if there is any doubt, it is better to rehear a case. One reason to rehear could be if the applicant can show that they are confused with the decision.

Ms. Onorratto-Sullivan asked why the Board would have to rehear a case such as the Peff case that was just denied. Mr. Bouchard and Mr. Willingham both expressed that it wouldn’t have to be; the applicant applies for rehearing and the Board determines if they believe that the case should be reheard.

CRITERIA: Mr. Bouchard would like everyone, at least in their minds, to come to a solid conclusion on cases heard. If anyone feels that any of the criteria has not been met, they must say so and give the reason for saying it so that the Board can discuss it openly.

TECHNICAL REVUE COMMITTEE: Mr. Bouchard explained that Michelle Bonsteel (the new Land Use Officer) has organized a Technical Revue Committee to look at concerns of the various departments before a case is heard. She held the first one last week. Those attending were the Town Manager, Police Chief, Fire Chief, Water/Sewer Superintendent and Office Manager, Highway Supervisor, the Planning Board and ZBA Chairmen, and our secretary. The purpose is to build communication between departments. Mr. Paradis has a concern of the legality as the cases discussed are not always before the Planning Board as yet. Ms. Bonsteel has asked the Local Government Center to send a written decision to this concern. Mr. Bouchard has no problem with it himself and is in complete support. He asked the ZBA what they feel about this. The Board felt that it is a definite need and will help in the process. He and the secretary will

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TECHNICAL REVIEW COMMITTEE (TRC) continued:

continue to attend though Mr. Paradis feels that he must recuse himself until the written authority has been received.

With no other business, M. Willingham made a motion, second by D. Hardy, to adjourn at 7:50 p.m.

Respectfully submitted,

Jan Laferriere, recording secretary