The Town of Northwood, New Hampshire

PRESENT: Chairman Bruce Farr, Vice-Chairman Roy Pender, Thomas Lavigne, Nona Holmes, Board Administrator Linda Smith, Assistant Building Inspector David Copeland, and Board Secretary Lisa Fellows-Weaver.

VOTING MEMBERS: Bruce Farr, Roy Pender, Tom Lavigne, and Nona Holmes.

ABSENT: Robert Bailey, and Alternate Jean Lane
Rehearing of the following cases:

Case #08-06: Jon Hendrick, Map 202; Lot 4. Applicant is seeking an appeal to RSA 674:41 II for lack of frontage, to permit the construction of a single family residence.

Case #08-07: Jon Hendrick, Map 208; Lot 3. Applicant is seeking an appeal to RSA 674:41 II for lack of frontage, to permit the construction of a single family residence.

Abutter Wayne Troy requests to ask a few general questions. He refers to the initial hearings of the Hendrick cases held March 24 and March 31. He states that he had submitted a letter of concern dated February 26, 2008 and at the initial hearings was left to understand that the items in the letter were not read. Mr. Farr replies that everything is in the file at this time for review.

Mr. Troy refers to another letter submitted April 8 requesting a rehearing and asks if that is a part of the new file. Mr. Farr replies that the rehearing has been granted and notes that there was more than one rehearing request.

In addition, Mr. Troy refers to the April 28 ZBA meeting when the rehearing requests were addressed and explains that as he and his wife were leaving,
Ms. Lane introduced herself to them mentioned how difficult the votes on March 24 and March 31 were because we are good friends with Jon Hendrick. Mr. Troy states the he is not sure as to whom the “we” refers to; however, with that he asks if the voting members of the board are in a position to render an impartial deciosion.

Mr. Farr replies that this is a good question and asks if there are any conflicts of interest. He refers to a previous statement regarding Nona Holmes relative to her husband’s name being noted on the building permits. Mr. Farr states that he has spoken to Joe Holmes who has assured him that he did not have any knowledge of the projects and is not involved with the Hendrick projects or the Hendrick cases.
Ms. Holmes adds that is correct and further explains she has some history with Mr. Hendrick as she was involved with running many sheep shows and at that time Mr. Hendrick was showing his sheep.

Mr. Farr asks if there are any other issues that need to be addressed. He states that he is satisfied that there is no financial or personal relationship with Ms. Holmes and the applicant.

Mr. Troy states that his questions have been addressed.

Attorney Bill Tanguay, of McNeil, Taylor, and Gallo, is present representing Jon Hendrick. Attorney Tanguay asks how many board members there are and Mr. Farr replies four and adds that one member is unable to attend this evening and another member has disqualified himself due to financial and personal interest. Mr. Farr adds that there is a full board tonight as it can possibly be convened. Atty. Tanguay requests that the hearing be continued until their can be a full board. Mr. Farr states that a full board would require a special appointment by the board of selectmen. Atty. Tanguay explains that their reason for the request to continue is that any vote of the ZBA requires an affirmative vote of three and he would like a full board of five members.

Ms. Smith reads the board’s by-laws, adopted 11/12/79, regarding quorum requirements, which is constituted of three members. Mr. Farr states that a quorum is three and there are four members present. Mr. Lavigne asks if there are any time restraints. Mr. Farr states that he appreciates and understands the reasoning of the request to continue, is not arguing against the request; however, there is a quorum of the board present and relative parties have been notified for tonight’s meeting. He feels that there is no need for an additional person on the board just to fill the slot and it would not provide for any reasoning that better justice would be done.

Ms. Holmes asks if the information of the counts of previous votes is available. Mr. Farr notes that this is a new case beginning this evening.

Roy Pender makes a motion to continue the cases, seconded by Nona Holmes.
Nona Holmes – opposed
Tom Lavigne – in favor
Roy Pender – in favor
Ms. Smith notes that the motion does not prevail if there is a tie. Mr. Farr states that he will vote in favor as a courtesy as the board always tries to assist an applicant if possible.
Bruce Farr – in favor. VOTE: 3/1.
Laura Spector, of Mitchell and Bates, asks for clarification regarding the voting members for these applications. Mr. Farr explains that one member, Bob Bailey, has recused himself from the cases and another member, Jean Lane, had a prior commitment.

Mr. Farr calls for a recess to address the matter with the board of selectmen who are currently meeting in another room.

Recess is held from 7:15 p.m. through 7:45 p.m.

Back in session and Mr. Farr states that the cases have been continued to June 2, 2008 at 7:00 p.m.

Mr. Farr explains that he met with the BOS during the recess who agreed to appoint an alternate member to the board. Mr. Farr states he will determine a member with prior ZBA experience and he anticipates having a full board of five members for the June 2 meeting.

Adjournment
Mr. Pender makes a motion, second by Mr. Lavigne, to adjourn at 7:49 p.m. Motion passes unanimously; 4/0.

Respectfully submitted,

Lisa Fellows-Weaver
Zoning Board Secretary

[ Back ]

top of page