APPROVED:

___________________

AGENDA: REQUEST FOR WAIVER OF THE 30-DAY REHEARING

RULE: PEFF CORP., 40 Beech St., #114-150

REQUEST FOR REHEARING: PEFF CORP., 40 Beech St.,

#114-150

UPDATE BYLAWS

ATTENDING: Dan Bouchard (Chairman), Mike Willingham (Vice Chairman), Lloyd Belbin, Donna Hardy, Sandra Heaney.

Alternates: Lorraine Onorato-Sullivan

ABSENT: None

OTHER: Janice DellaCroce (Planning Bd.), Norm Skantze (Fire Chief),

Public

The meeting opened at 7:00.

MINUTES OF APRIL 1, 2008:

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

REQUEST FOR WAIVER OF THE 30-DAY REHEARING RULE: PEFF CORP./PETER McGRATH, ATTORNEY

The secretary read the request for waiver. Mr. Bouchard explained that the application for rehearing was due by April 4, 2008. The office received it 10 days later.

The envelope showed that it had been mailed on April 3^rd but with postage due so that it was sent back to the attorney’s office.

Ms. Heaney asked if the ZBA has any jurisdiction as this is a State law. Mr. Bouchard had researched this and learned that there is no case history for this. Therefore,

it is up to the Board to determine.

L. Belbin made a MOTION to APPROVE THE WAIVER so as to allow discussion. No second was received.

Mr. Bouchard stated that the Board feels that this is not within the realm of the ZBA. Per counsel, the only referral is Pelletier vs. Manchester, and he advised Atty. McGrath to look at that and to appeal to Supreme Court.

Mr. McGrath stated that he shall have the applicant re-apply but to say that it has never been done is wrong as he has done this 6 times. The NH Supreme Court will only hear specific cases. He will re-apply for a waiver and will provide documentation of what he has done in the past.

-2-

ZBA Minutes

5/6/08

REQUEST FOR WAIVER OF THE 30-DAY REHEARING RULE continued:

Mr. Bouchard made it clear that the Board has not denied the request for re-hearing but that the request must be received in hand within the appropriate time.

At this time, Attorney McGrath withdrew the re-hearing request.

COMMUNICATIONS:

Mr. Bouchard read the announcement of the LGC Conference for November.

The April 2008 Town & City magazine will be held in the office

Mr. Bouchard read copies of letters from DES for Kenneth Ivester and for Turner Cottages LLC.

NORM SKANTZE, FIRE CHIEF:

Mr. Skantze apologized for net getting his information in to the ZBA before the Variance Hearing for Peff Corp.

BYLAWS UPDATE:

M. Willingham made a MOTION TO TABLE THE BYLAWS UPDATE UNTIL AFTER THE SECRETARY, JAN LAFERRIERE, HAS ATTENDED THE LGC WORKSHOP FOR ZBA ISSUES (MAY 10, 2008). The motion CARRIED.

OTHER BUSINESS:

Ms. Heaney asked if the ZBA can hear a Rehearing on the same night as the Rehearing Request. Mr. Bouchard answered that we do not have to hear it on the same night. We make the decision and set the date for the Rehearing, if we determine to hold it. Ms. Heaney asked if it is appropriate for a Department Head to make a decision on a case. Mr. Bouchard stated that this is the reason for a Technical Review team. They can make a decision in relation to their department but the ultimate decision stands with the ZBA and the 5 points. A discussion followed.

Mr. Bouchard explained that the research that he had done on the Peff Rehearing

Waiver was with LGC (the Local Government Center). They researched case law and told Mr. Bouchard that they could not find any and advised him as to how to handle this.

Mr. Bouchard then directed the Zoning Board to read RSA 677:2 on page 543 of the NH Planning and Land Use Regulations. The procedure for cases like this was discussed again.

NEXT MEETING: The next meeting will be held on June 3, 2008. As yet, there are no

Hearing applications but the final submission date to us is May 12, 2008.

With no other business before the Board, M. Willingham made a motion, second by D. Hardy, to adjourn at 7:35 p.m.

Respectfully submitted,

Jan Laferriere, secretary