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Board of Adjustment Minutes 10/06/2010
CHICHESTER BOARD ADJUSTMENT MINUTES
OCTOBER 6, 2010

Case #231-Signs 4 Jesus-Motion for Rehearing from 8/18/2010 decision of denial for a Variance to Article III, Section 3.18 to permit an electronic message sign in the Commercial Village District on Map 4 Lot 168.

Voting Members: Mark McIntosh, Chairman; Richard Millette; Tom Wainwright; David Dobson; Mike Paveglio, ex-offico.
Alternate Members: Ben Brown, Steve MacCleery.

Others: Michael Tierney, Esq., Fab Cusson, Tom Jameson, Allen & Cyndi Mayville, Matthew Spolar, Dan O’Brien.

Chairman Mark McIntosh opened the public meeting and explained to the room that this meeting would be a discussion only with the board members to determine the merits of the motion for rehearing.

*The term used in the previous BOA minutes and the original application is “electronic message sign”.
*Zoning clearly states the sign is not allowed.
*At the last meeting blinking, flashing and LED signs were discussed as well as the definition of an electronic message sign.  There is no clear definition of it in our zoning.
*The evidence in the motion for rehearing submitted by the applicant is steering away from that terminology.
*The proposed message would not be blinking or flashing but would be changed daily.
*The flashing and electric are two separate issues.  Every lighted sign on Rte. 4 uses electricity but the message itself is not electronic.
*There seem to be two big issues mentioned in the motion-the legality of our zoning has been questioned & # V. The ZBA has authority to grant an exemption under the Religious Land Use and Institutionalized Persons Act.  This was not in the original application so should not be part of this discussion for a rehearing.
At 7:20 PM Tom Wainwright moved to go into nonpublic session under RSA 91-A:3, II(e) to discuss town council advice.  Mike Paveglio seconded.

Roll Call Vote: Mike-Yes, Richard-Yes, Tom-Yes, David-Yes, Mark-Yes.  Motion passed 5-0.

Mike Paveglio moved to seal the minutes of the nonpublic indefinitely.  Tom Wainwright seconded.

Roll Call Vote: Mark-Yes, David-Yes, Tom-Yes, Richard-Yes, Mike-Yes.  Motion passed 5-0.

Tom Wainwright moved to go out of nonpublic session at 7:45 PM.  Mike Paveglio seconded.

Roll Call Vote: Mark-Yes, David-Yes, Tom-Yes, Richard-Yes, Mike-Yes.  Motion passed 5-0.

MOTION

Mike Paveglio moved to grant the motion for rehearing due to the allegation presented in section III. (page5) of the motion for rehearing that states Section 3.18 (c) (IV) (1) of Chichester’s zoning was not validly adopted.  Tom Wainwright seconded.

VOTE ON MOTION

Mark McIntosh – Yes
David Dobson – Yes
Tom Wainwright – Yes
Richard Millette – Yes
Mike Paveglio – Yes
Respectfully submitted,

Holly MacCleery, Secretary

Mark McIntosh, Chairman
Chichester Board of Adjustment


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