NOTICE OF REGULAR MEETING & PUBLIC HEARING
TOWN OF JACKSON, NH
PLANNING BOARD
Thursday, September 13, 2012 – Jackson Town Office
Regular Meeting and Public Hearing Minutes
The meeting was called to order at 7:02 pm by Vice Chair Sarah Kimball.
Members Present: Sarah Kimball, Vice Chair, Dave Treadwell, Frank Benesh and John Allen, Selectman’s rep. Betsey Harding and Scott Badger, Chair, let Sarah Kimball know that they would not be able to make the meeting.
Alternates Present: Mike Mallett, George Howard and Dick Bennett.
It was determined that Mike Mallett, George Howard and Dick Bennett will be voting in place of regular members not present. All present will be voting.
Members of the public present: Hank Benesh.
The Minutes of August 9, 2012 were discussed. A motion was made by George Howard and seconded by Frank Benesh to accept the minutes. The motion passed unanimously.
Public comment concerning items not on the agenda: There were no comments made by the public present.
Continuation of Public Hearing – Proposed Subdivision: Tax Map & Parcel Number: R17, Parcels 23 & 24 on Chesley Farm Road owned by James Porath.
Sarah Kimball provided background by reading the conditions needed to accept the application from the minutes of the June 14, 2012 meeting and the conditional acceptance of the application from the July 12, 2012 meeting minutes. Dave Douglass had dropped off the plans, which had all the requested information notated on the new plans. The maps were looked over by the members present and it was determined that all items were in fact on the map. All copies were signed by Sarah Kimball as Vice Chair, and Frank Benesh as the Secretary signature.
Continuation of State Building Code enforcement discussion:
Sarah Kimball and Scott Badger had met after the August 9, 2012 so that Sarah Kimball could enter the changes discussed at the August meeting into the draft3 of Section 16 of the Zoning Ordinances. Sarah Kimball discussed draft3 with the board and indicated the changes that had been made. The additional changes made subsequent to the August 9, 2012 meeting were: in item 3, the duties and responsibilities of the building inspector as listed in RSA 155-A:3 III had been added; and in item 7, the word “promptly” had been added rather than change the number of days—the building inspector will act promptly and within 30 days to give a window of time in case of extenuating circumstances. Items 14 and 15 had been edited for grammar and clarity but no substantive changes had been made.
George Howard felt that since this was establishing a new position that more administrative procedures should be spelled out and included. Several board members voiced the opinion that those procedures and duties belonged in the job description. Since the Board of Selectmen are presently working on job descriptions for the town employees, Selectman John Allen asked George Howard to give him a list of what he thought should be added to the job description for the building inspector.
George Howard was uncomfortable with the wording “at the will of the Selectmen” in item 3. The wording was explained as indicating that the authority to hire and dismiss the building inspector rests with the Board of Selectmen.
Frank Benesh would like to formally ask the selectmen their opinion of the proposed changes to Section 16 (Draft3) and ask for any changes that they would suggest. We want something the Selectmen can support. Dave Treadwell made a motion to accept the Draft3 revisions and Frank Benesh seconded the motion. Sarah Kimball, Frank Benesh, Dick Bennett, John Allen, and David Treadwell voted in favor of the motion; George Howard and Mike Mallett were opposed. The motion passed 5-2.
Frank Benesh asked Mike Mallett why he can’t support this revision and his response was the need for permits and inspections for small home repairs is the sticking point for him in a small town setting. Dick Bennett said that we have to comply with the wording of the State regulations.
George Howard questioned why the Board of Selectmen were included in items 14,15 and 16 as being given authority to inspect, etc. He thought that was supposed to be the duty of the building inspector. Frank Benesh feels it’s ultimately up to the Selectmen to interpret and enforce.
Mike Mallett said that Conway does not inspect construction of single-family homes and puts the onus of adhering to building code on the contractor and home owner. He feels it works for Conway. George Howard then made a motion that the Planning Board put on the ballot one vote with two alternatives, (one for enforcement of the State Building Code for all construction, and another for enforcement only for commercial and 2 or more family homes). John Allen seconded. There was much discussion that followed.
Frank Benesh asked if this would be consistent with the sentiment expressed at the March meeting. George Howard felt it would and thought that the board has changed what we agreed to in the past. John Allen recalled that one of the directives was to get rid of the $10,000 threshold and to establish the authority for enforcement of the State Building Code, and that this proposed reworking of Section 16 fulfills that.
Mike Mallett spoke to the fact that the Planning Board has agreed to redo the enforcement section and the prudent thing to do is give the voters the option. Frank Benesh feels that only giving the two options will be more confusing to the voter and that there is no way to say no to both. There is no option to go back to the status quo. He finds it more complicated than it needs to be.
Dick Bennett feels that having the discussion will always be beneficial. George Howard doesn’t agree that the complexity would be a problem if we have an education process. The motion above was voted on with George Howard, Mike Mallett, John Allen and Dick Bennett voting for the motion and Sarah Kimball, Frank Benesh, and David Treadwell voting against the motion. The motion passed (4-3).
Old Business: There was no old business
New Business: There was no new business
Adjournment: A motion to adjourn was made by Mike Mallett and seconded by Dick Bennett. All were in favor and the meeting adjourned at 9:04pm.
Respectfully Submitted,
Ella Cressy, Minutes Recorder
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