TOWN OF JACKSON
SELECTMEN’S WORK SESSION
7/12/2012 MINUTES
The meeting was opened at 5:33 by Jerry Dougherty IV.
Selectmen in attendance was Jerry Dougherty IV, John Allen, and Bob Thompson
Others in attendance were Ella Cressy, Amin Assistant and minute taker, Hank Benesh, filmer, Sarah Kimball, Planning Board member. Frank Benesh, Planning Board and Zoning Board member came in late.
Jerry would like to do a quick review of the revised Building Permit Application. Jerry liked the wording on the last page referring to the fines. Bob likes it so far, everything has been updated as discussed at the last Selectman’s meeting. It is streamlined and clearer. All were in agreement. They will make a motion to accept the edits at the next Selectmen’s meeting on July 19th.
Diane provided a copy of the sample code adoption from the building codebook. They are available in all the codebooks referred to in the Building Permit Application. Jerry provided a copy of his version of the enforcement of the building code. This document spells out what it is we are trying to accomplish and the problems we are trying to solve, see attached.
There are two reasons why we shouldn’t be issuing and enforcing the codes:
- Take enforcement out of the hands of the Selectmen and put it in the hands of
the Building Inspector. It should be a professional doing it.
- The politicalness of the issue. It needs to be removed from the selectmen to be
more consistent in answers to people’s questions. It should be one person providing this service. That is what the intention of the law is.
Bob would like to see a less confusing process, easier to understand. It needs to still have teeth and still meet the wishes of the legislative body. He hasn’t understood where the selectman’s role is necessary in this process. This step doesn’t serve a useful purpose. Jerry gave him a little background. The Zoning Ordinance is confusing, and can be interpreted differently and that is where some of the disagreements between the board and the current inspector come from, in the interpretation. Gave example of an awning in a cluster development, and worked the answer out. Sometimes you start out in different places, but usually end up working it out and coming to some sort of agreement. Bob would like to make sure that the people know that there are still checks and balances in place. Jerry feels the
voters need to make the decision to give the authority to the inspector, and not the selectmen doing that. The building inspector would be independent of the Board of Selectmen. The Zoning Board of Adjustment would be the oversight on issues. Selectmen would still be in charge of enforcing the Zoning Ordinance for Jackson. The duties and law should be done by the inspector, not selectmen and that is the number one flaw in the system now. Jerry would like to keep doing what they are currently doing and then show the people what it would look like with the building inspector doing it. Bob sees us not changing current system without a vote of the legislative body. We can make changes to current application to make it easier, but not do anything major until the voters make that decision.
Bob would like a round table discussion with the Planning Board so that both boards are on the same page in what we are bringing to the voters next march. Jerry would like to know what the application will look like, how many applications will there be, one for plumbing, one for electrical, etc. He wants to answer why and what the process is going to look like. The logistics are spelled out in the law, and updating things to be able to enforce the law. Bob asked Sarah if we are doing what we should be doing. The process needs to have the zoning and building codes enforceable as spelled out in the law. The Planning Board was divided as to what needed to be done, just fix two sections or the whole ordinance be looked at, and have a supplementary document or part of the current ordinance. Jerry stated he would like to
let the Planning Board know what option they would like to see implemented. He read from his hand out earlier. State Building Codes encompass ALL buildings, not just multi and commercial building. Jerry would like a single question for the voters, so it all will pass in one question. We need to make it easier for the townspeople. Bob doesn’t see an adequate enforcement if you pull out single-family homes. That’s why the Planning Board had such a difficult time with the questions last meeting. Jerry feels we can design a system that is user friendly. Bob didn’t see the support for the logic of the single-family dwellings.
Jerry wants to legitimize the process, as the voters seemed to want in March. Bob feels the voters supported the concept of local enforcement of State Building Code. We need to make it as streamlined. He doesn’t see how removing the inspection of single-family dwelling will develop an effective enforcement process. Sarah stated that it is more the principal, not the efficiency of it. She suggested that the board say what they would like to see happen and then charge the Planning Board with implementing it. How much do the townspeople want the Selectmen to do, and what the Build Inspector should do and have ordinance reiterate that process.
Frank would like to add things to current Zoning Ordinance to comply with state law. Jerry would like to streamline the process to make the building permit process easier for everyone. Frank wants both boards to be are on the same page. Sarah would like the wording in the proposed ordinance to show the changes. Frank would like to use the RSA numbers and not direct quoted excerpts as they change the RSA’s sometimes, and then we wouldn’t have to keep changing the ordinances. He said that most changes to the ordinance are due to law changes to the RSA’s. Bob said the perfect section 16 will continually change until the town meeting. We can boil down some of the language. We need to have things clearly spelled out and easily understood. He wants to advocate for an easier process for the Townspeople.
Jerry would like the inspector to deal with the application but wants the selectmen to set the fees. John would like to have any inspections due prior to any extension of any permits. Jerry would like his section 16.2.6 to be reworded so permit expires one year from issuance.
He continued reviewing his rework of section 16. The Selectmen may choose to have different applications for different things, electrical, plumbing, building, mechanical, etc. He’s not ready to present this to the Planning Board and still wants to work some things out prior to working together for a united front. Sarah would like to have selectmen explain their views to Planning Board members, have a short tutorial, and to have it be more user friendly. Have Selectmen put together a draft, come to a Planning Board meeting and roll it out to them. Bob agrees. Single-family homes should not be pulled out, they should be part of the regular ordinance. Sarah would like to hash out all three documents together.
Bob motioned to adjourn, and John 2nd, the meeting adjourned at 6:59pm.
Respectfully submitted,
Ella Cressy
Administrative Assistant
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