Jackson Planning Board
MINUTES – November 12, 2015 – REGULAR MEETING & PUBLIC HEARING
UNOFFICIAL UNTIL APPROVED
Call to Order: The meeting was called to order at 7:03 PM by Dick Bennett, Chair. Attending were: Members Dick Bennett, Sarah Kimball, Daren Levitt, John Allen, and Betsey Harding, and Alternates Bea Davis and Kathleen Dougherty. Dick determined that all in attendance would be voting. In the audience were Jerry Dougherty III, and videographer Hank Benesh, who was filming the proceedings. Dick mentioned that no candidates for the secretarial role had come forward yet, but that he will contact two possible people, Barbara Bush and Gail Currier. We agreed to resubmit info to the ENews about the need to fill the paid position of Secretary. Dick asked for someone to take minutes at this meeting. Hearing none, Betsey offered to take the minutes one more time, without pay.
Minutes of Prior Meetings: September 10 - John moved, and Sarah seconded, acceptance of the revised minutes.
October 8 – Just below the middle of page 1, “EPS” should be corrected to “DES” – for the NH Department of Environmental Services. Betsey will make that change in the filed copy. Given that, Sarah moved and John seconded approval of the October 8 minutes and all approved.
Public comment concerning items not on the agenda: No public comments. Dick mentioned receipt of a memo from the State on taxing solar and other renewable resources, indicating that RSA 72:61-72 permits cities and towns to offer exemptions from local property taxes for certain renewable energy installations. Dick mentioned that we would continue review of the Voluntary Merger considered but not approved at the October meeting, later in this meeting.
PUBLIC HEARING: Boundary Line Adjustment, Tax Map R-14, Lots 5 and 7A; Owners: Robert Cyr and Olde Jackson Village. Jim Rines from White Mountain Engineering & Survey appeared for the applicant; copies of the proposal were distributed for the Members’ review while Mr. Rines showed points about the proposal on a display board. The proposed exchange of 3,021 square feet shows in three areas, with each lot (lots 5 and 7A) giving and receiving the identical amount of land; the reason for the exchange is to ensure that all Nestlenook property improvements will be on Nestlenook lands. NH Department of Environmental Services indicated that a municipal water supply is required, although that would be complicated for this property. Working with Dick Bennett, Mr. Rines appealed to DES for the current well to continue to be used, and
approvals were granted. An easement to use the water will go with the deed. Dick read the checklist. Four minor changes are needed: 1)The access roadway, Dinsmore Road, was not originally designed to Town standards; it passes a cul-de-sac and enters Nestlenook property, and as it curves around to the rental units located at 97 Dinsmore Road, it passes a private driveway marked as 86 Dinsmore Road. Since Dinsmore Road is a lengthy, curved roadway, labeling it “Dinsmore Road” on the property plan itself makes sense. 2) The rental units are within 3 buildings: 2 units in two buildings, and three units in another. Members commented that for 911 purposes, the rental units should be separately marked, such as 97 A, 97 B, etc. John offered to contact the Selectmen’s Office on this issue. 3) & 4) Continuing on the check list, two minor mistakes were found: on the abutters’ list “2Ellis-014000” is a corrected indicator for an adjacent lot; and on the
plat plan adjacent lot list “2RT16-4-182R11” should read “2RT16-4-182-MAS”). Since each of those issues is small, Betsey moved acceptance of the application as complete, pending receipt of plat with the listed items corrected; Sarah seconded the motion and all approved. Then Betsey moved approval of the application, again pending receipt of the corrected plans; Sarah seconded the motion and all approved.
Voluntary Merger Application: Aleksander Yurkovetskiy & Anna Yurkovetskaya, V-2, lots 26 & 27. Dick re-introduced this application, which has been recommended by Burr Phillips. Betsey moved, and John seconded the application’s approval as an acceptable Voluntary Merger. All approved.
Review of possible amendments to our Zoning Ordinance: Kathleen brought in proposed wording to change two areas of the existing Zoning Ordinance that members and community participants had voiced concern about: setback and volume restrictions. At earlier Board meetings, and during the Listening Post discussion, ideas were circulated about simplifying and standardizing wording in the Zoning Ordinance on setback requirements, and on volume restrictions for non-conforming structures – in part to alleviate difficulty some potential buyers and property owners see that would prevent some reasonable expansion of structures in ways that will be unlikely to adversely impact properties in town. After discussion about wording and intents, members agreed that we could bring forward to a public hearing the following proposed changes (note
that the numbering fits that of the existing Zoning Ordinance):
4.3.1.2 Setbacks (amended 3/8/2005, 3/10/2015)
No building, structure, porch, or portion thereof shall be located on a lot nearer any lot line, year-round stream or body of water than the minimum setback set forth below:
1) From the sideline center line of any public or Private Road right-of-way that provides access to the lot: Fifty (50) feet.
2) From any abutter property line, or sideline of any public or private road that does not provide access to the lot: Twenty Five (25) feet.
3) From the near bank of any year-round stream or body of water: Fifty (50) feet.
4.3.2.3 Setbacks (amended 3/8/2005, 3/10/2015)
No building, structure, porch, or portion thereof shall be located on a lot nearer any lot line, year-round stream or body of water than the minimum setbacks set forth below:
1) From the sideline center line of any public or Private Road right-of-way that provides access to the lot, except Route 16A: Fifty (50) feet.
2) From Route 16A with motor vehicle parking between structure and right-of-way: Fifty (50) feet.
3) From Route 16A without motor vehicle parking between structure and right-of-way: Twenty Five (25) feet.
4) From abutter property line, or sideline of any public or private road that does not provide access to the lot: Twenty Five (25) feet.
5) From the near bank of any year-round stream or body of water: Fifty (50) feet.
2.2.3 A Non-Conforming Structure or Building may be moved, enlarged, altered, restored or replaced within the boundaries of the lot it occupied at the time this ordinance took effect, providing that the change does not make the structure more non-conforming in any way. By way of example and not limitation, “mMore non-conforming in any way” means that a structure or building positioned within a proscribed Setback (Sections 4.3.1.2 and 4.3.2.3) may not be altered in such a way that the structure or building extends for a greater width, a further depth, nor to a greater height, which would have the effect of increasing the volume of the structure or building within the proscribed Setback area. Similarly In addition, a structure or building that
exceeds the permissible Building Height (Section 4.1.3) may not be altered in such a way that the structure or building extends to a greater height,. nor may the volume of the structure or building exceeding the Height limit be increased. Further, if altering the pitch or configuration of the roof increases the volume of the structure or building within the proscribed Setback area, it shall be permitted where:
i) the change is dictated by considerations of safety, snow disposal or building code requirements, and
ii) the change does not result in an increase in the interior floor space within the structure or building. (amended 3/12/2001, 3/14/2006, and 3/9/2010)
Members expressed gratitude to Kathleen for bringing in wording for us to consider, making the process easier. Betsey agreed to include the selected wording in the minutes of tonight’s meeting. We decided to schedule a Public Hearing for the December 10th Regular Meeting time, and agreed that wording finalized at that hearing will go to the Town attorney for review prior to being placed on the Warrant.
Daren moved to adjourn the meeting, and Kathleen seconded the motion; all approved; Dick adjourned the meeting at 9:08 PM.
Respectfully submitted,
Betsey Harding
(Note: an audio-visual record of the meeting may be found on Jacksonflicks.com)
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