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Zoning Board of Adjustments Minutes 01/05/2009
Town of Lisbon
Zoning Board of Adjustment Minutes

January 5, 2009
6:00 pm meeting opened.

Members present: Emory Younkins (EY), Barry Lucas (BL), Robert Clark (RC), Administrative Assistant: Barbara Menchin
Public:  James McGovern (abutter), Robert Blechl (Caledonian Record)

EY called the meeting to order and stated this special meeting was for the Board to discuss whether or not to grant a rehearing on the Mark Champagne Special Exception that was granted on November 12, 2008.    

EY stated that as there were three members of the Zoning Board present there was a quorum and that the Board could vote on the above matter.

EY cited reasons to rehear or not:

EY further stated that the Board is not compelled to rehear unless it is in the best interest of justice.  He further noted that in trying to be fair to a person asking for a rehearing the Board may be unfair to others who will be forced to defend their interests for a second time.

EY stated the Board could grant a rehearing if the opposing side feels as if there has been a technical error, which EY stated Jed Callen, Attorney for STOP, feels there has been.

EY stated that if a rehearing is granted, it will not be the entire process but only on the grounds that were cited in the appeal.  New evidence could be submitted to substantiate their grounds for request.

BL stated Attorney Callen’s motion implied that the Zoning Board, in granting the approval, did not address all five Special Exception criteria.  

BC stated this whole thing has been a learning experience.  BC further stated he thought the Board should be fair all the way around for all parties.

BL stated “Mr. Chairman I move that the Lisbon Zoning Board rehear the Special Exception for the Mark Champagne gravel pit that was granted on November 12, 2008.  BC second that motion.

EY requested a vote on the motion……….all in favor.  EY stated motion has been granted to rehear the Special Exception.  Motion Passed.

BC made a motion to accept the minutes of November 12, 2008 as written.  BL 2nd, so voted all.

BL made a motion to adjourn, BL 2nd, so voted all.

Meeting adjourned 6:15 PM















 
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