Westmoreland Zoning Board of
Adjustment
Meeting of
Corrected Minutes as of
An audio recording of this meeting is
available on disk at the Town Hall.
Present:
Chairman Peter Remy, Barry Shonbeck, John Burt, Russ
Huntley
Chairman
Remy called the meeting to order at
Molly
McMillan Hearing: Ms. McMillan requested a Special Exception of
Article
501-B, Table 503 to have an Occupational Therapy practice at her residence,
111 Owl’s
be limited to approximately four
clients per day.
Findings of Fact
Chairman
Remy and the other Board members examined the completeness of the
application and confirmed that all of the abutters
had been properly notified. Ms.
McMillan
was invited to discuss her request. She explained that she has a young
daughter and that she would like to be able to
have a part-time occupational therapy
practice from her home for the next year or
two.
Mr.
Remy inquired about the hours of operation and the days of the week and the
number
of clients per day. Ms. McMillan said
there would be approximately four clients per day
during the work week and regular business
hours.
Mr.
Shonbeck suggested that the request be amended from a
Home Business to a Home
Occupation
as there would be no additional employees and no alterations to the property.
Mr.
Remy invited comments from the public.
Donna
Brand, an abutter, expressed concerned about the increased number of cars on
the
quiet dead-end road.
Russ
Martens, who lives about three miles away, inquired where on Owl’s Hill the
property is located. Ms. McMillan said it is at
the top of the hill.
There
were no other comments from the public.
The
Board voted affirmatively and unanimously on each of the five conditions for
granting a Special
Exception. Mr. Remy suggested that Ms. McMillan contact the
Planning
Board to make sure she did not need Planning Permission.
Cersosimo Industries
Hearing: Cersosimo Industries requests a Special
Exception of
Article
501D, Table 505 #1 of the Westmoreland Zoning Ordinance for the
quarrying of gravel
at their property,
existing gravel pit
on
Findings
of Fact
Chairman
Remy asked the Board members to review the completeness of the application
and confirmed that all of the abutters had
been properly notified.
Mr.
Remy began the hearing by explaining to Mr. Michael Cersosimo
that although there
were four board members present, only three
members would vote on this application.
The
fourth Board member, Russ Huntley, could participate in the questioning and
discussion but had recused
himself from voting because he is employed by SVE, the
same engineering firm which had designed
the plan for
that plan to the Board.
Mr.
Cersosimo asked for a clarification of the voting and
Mr. Remy explained that all
three of the Board members eligible to vote
would need to vote in the affirmative since
the Special Exception requires three
affirmative votes.
Mr.
Cersosimo decided that he would rather wait until the
Board was more complete and
asked for his hearing to be continued to the
next meeting on December 23rd.
He
apologized for bringing everyone out on
Thanksgiving Eve.
The
Cersosimo Industies hearing
was continued until December 23rd,
2009.
Although
the hearing had ended, members of the public wanted to speak.
Samantha
Shad requested that Mr. Remy recuse himself. Mr. Remy
noted her request.
She
asked to read relevant law. The Chair requested that she present it in writing.
She
asked if the Chair was refusing to allow her
to read the law into the record. The Chair
then allowed her to read the holding in Winslow
v. town of
125 NH 262 (1984).
Pam
Martens of River Road said that Chairman Remy should also recuse
himself because
the parent company of his employer,
Industries:
gravel and aggregate.
Paul
Berch of
community service and had met even at a time
that might be inconvenient, Thanksgiving
Eve.