MEMBERS:

Robert Gustafson - Chairman
Chris Doyle - Vice-Chairman
Robert O'Loughlin - Secretary (Excused)
Bruce Breton - Member
Al Souma - Member
Tony Pellegrini - Alternate
Jack Gattinella - Alternate
Dick Drummond - Alternate (Excused)

Mr. Gustafson appointed Mr. Pellegrini to replace Mr. O'Loughlin for this meeting.

CASE NO. 22-L-201 (2-2001)
15 Prescott Road
A variance is requested from sections 702 + 401 of the zoning ordinance to permit the finishing and heating of an existing closed in porch (increase living area) which is 15' X 23' (345 square feet). The new portion of the structure will have side setbacks, less than the 30' required by the ordinance, on the north side 27' and 29' and on the south side 22' and 23'.

Mr. Pellegrini read the case into the record. Attorney Peter Bronstein representing Steven and Kathleen Koerner, presented the case. The closed in porch would become part of the living area (kitchen and dining area). The square footage on the first floor would be 1,035. The same footprint will be used and there is a new two bedroom septic system. Mr. Bronstein presented four photographs to the Members. Mr. Bronstein read the five supporting facts into the record. The Chairman marked the four photos received from Mr. Bronstein as Exhibit "A". Mr. Pellegrini read into the record a letter from Jeanette McMahon, an abutter, stating that she is in favor of Mr. & Mrs. Koerner's request for a variance.

MINUTES
Mr. Pellegrini made a motion to accept the minutes from the January 23, 2001 meeting. Mr. Souma seconded the motion. Mr. Gustafson abstained from voting. Passed unanimously.

Deliberative Session

CASE #22-L-201 (2-2001)
Mr. Doyle made a motion to grant this variance. Mr. Breton seconded the motion. Mr. Gustafson, Mr. Souma, Mr. Breton, Mr. Doyle and Mr. Pellegrini voted to grant this variance. Passed unanimously.

OTHER BUSINESS
Mr. Breton advised the Members that he wanted a reconsideration of the voting done at the January 23, 2001 meeting for Case #25-G-100 (1-2001). Mr. Bruce Flanders, Building Inspector, opined that a reconsideration is usually done the night of the meeting and in public session and is posted. Mr. Breton made a motion to reconsider case #25-G-100, 13 Emerson Road. Mr. Souma seconded the motion. Mr. Breton said that this case was denied on November 28, 2000. The following morning (January 24th) Mr. Breton reviewed the plans from the November 28th meeting. After that review Mr. Breton decided that there had only been cosmetic changes made to the plans. Mr. Flanders advised Mr. Breton that the plans for all cases are in his office at least 10 days prior to the scheduled ZBA meeting and Mr. Breton could have come in to review the plans for 13 Emerson Road before the January 23rd meeting. During the November 28th meeting the Applicant was advised that if he did not have the decks on his plans it might make a difference. The Applicant returned with plans that eliminated the decks. Mr. Flanders said that he advised the Applicant that this was a significant change. Mr. Breton said that this was the same plan that was submitted at the November 28th meeting less the decks. Mr. Breton feels that the Board made a technical error. Mr. Gustafson asked Mr. Breton if he had all the information available at the January 23rd meeting. Mr. Breton replied that he did see all the information provided by the Applicant. Mr. Pellegrini said that this came back to the Board as a brand new case and that the Applicant was told by Mr. Flanders that eliminating the decks was a significant change. Mr. Flanders suggested that he would check with Attorney Campbell regarding the criteria for a reconsideration. Mr. Gattinella made a request to move the question of reconsideration. Mr. Gattinella reworded his request not to reconsider Case #25-G-100. Mr. Souma, Mr. Gattinella and Mr. Pellegrini voted not to reconsider Case #25-G-100 and Mr. Breton voted to reconsider Case #25-G-100. Mr. Breton complained that he made 20 statements that were not included in the January 23rd minutes. Mr. Pellegrini reminded Mr. Breton that he was given an opportunity to remark about the minutes but that Mr. Breton did not say anything. Mr. Gustafson read a letter from Attorney Campbell regarding Minutes. The requirement to keep minutes is found in RSA 91-A:2 (II). That statute provides that minutes shall be kept of all meetings. The statute specifies the following items that must be included:

• Names of members present
• Names of all persons appearing before the Board
• A brief description of the subject matter discussed
• All final decisions reached

Mr. Campbell's letter also states that minutes need not be and should not attempt to be verbatim. In general, minutes should be brief and include only the general nature of the discussion.

Mr. Flanders reminded the Members that septic systems do not fall under the jurisdiction of the Zoning Board; this is a Board of Health issue. You will be jeopardizing a case if you discuss septic systems

Mr. Flanders addressed the upcoming Panevino case and advised the Members that Attorney Campbell would like to meet with them. Mr. Flanders will schedule a meeting with the Zoning Board Members and Attorney Campbell.

The Members and Mr. Flanders reviewed, changed and / or corrected the new ZBA Forms.

MAIL

• Newsletter - NH Office of State Planning
• January 2001 Issue of NH Town & City

Mr. Breton made a motion to adjourn at 10:45 PM. Mr. Pellegrini seconded the motion. Passed unanimously.

On February 27, 2001 the Zoning Board of Adjustment will meet with Attorney Campbell at 6:45 PM and the regular meeting will begin at 7:30 PM.

NOTE: These minutes are in draft form and are respectfully submitted for approval by Patricia Kovolyan.