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Board of Adjustment Minutes 01/10/2008
JANUARY 10, 2008

Continuance of Case #213 & Case #214 from 12/12/07-Paul & Gwen Adams appealing the decision of the Planning Board on 11/1/07 to approve the proposed Open Space Conservation Development/Subdivision owned by Frank & Sue Merrill, Map 10 Lot 2 and the Open Space Conservation Development/Subdivision owned by Brandon & Katrina Giuda, Map 10 Lot 9.

Members Present:  Edward Meehan, Chairman; Stephen MacCleery, ex-offico; Mark McIntosh; David Dobson; Richard Millette.  (All are voting)

Present:  Paul & Gwen Adams, Brandon & Katrina Giuda, Gordon Jones, Joanna McIntosh, Frank & Carl Merrill, Jamie Pike.

Ed Meehan received a letter from town attorney, Barton Mayer, dated 1/9/08 stating that the applicant needs to appeal this matter to the Superior Court, not the BOA as provided by RSA 677:15.  (Letter on file)

Mr. Adams disagrees with this opinion and states he will continue with the appeal process through the BOA before going onto court.

Mr. Giuda requested that the BOA address this issue with town council since the board can’t rule on this case and therefore there are no grounds for an appeal to the BOA.

David Dobson moved that because of town council letter dated 1/9/08 & RSA 677:15 the BOA finds that the applicant, Paul & Gwen Adams, needs to make their appeal to the Superior Court and not the BOA on Case #213 & Case #214.  Ed Meehan seconded.

Steve MacCleery asked if all the lots mentioned in both cases were part of the innovative land use open space zoning.  The answer from both Mr. Adams & Mr. Giuda was, yes.

Mark McIntosh – Yes
Steve MacCleery – Yes
Ed Meehan – Yes
David Dobson – Yes
Richard Millette – Yes
Motion carries 5-0.

Respectfully submitted,

Holly MacCleery, Secretary                              Edward Meehan, Chairman

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