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Board of Selectmen Minutes -- 9/27/2012
Selectmen’s Board Meeting
September 27, 2012
Present:        Jerry Dougherty IV, Chairman; John Allen and Bob Thompson, Selectmen

Visitors:       Office Administrator Diane Falcey, Police Chief Karl Meyers, Building Inspector Andy Chalmers, Jerry Dougherty, Mary Canty, Hank Benesh, Frank Benesh, Dr. Gerald Carrier, Priscilla Protasowicki, Alex Protasowicki, Holly Lewis, Tom DeRoin

  • Amend & approve minutes
  • Job Description Work Session – September 12, 2012  Selectman Thompson, seconded by Selectman Allen, made a motion to approve the minutes of the Job Description Work Session of September 12, 2012 as written.  The motion passed unanimously.  
  • Selectmen’s Meeting – September 6, 2012  Selectman Thompson, seconded by Selectman Allen, made a motion to approve the minutes of the Selectmen’s Meeting of September 6, 2012 as written.  The motion passed unanimously.
 
  • Non-Public Session #1 – September 6, 2012  Selectman Thompson, seconded by Selectman Allen, made a motion to approve the minutes of Non-Public Session #1 of September 6, 2012 as written.  The minutes are not sealed.  The motion passed unanimously.  
  • Non-Public Session #2 – September 6, 2012  Selectman Thompson, seconded by Selectman Allen, made a motion to approve the minutes of Non-Public Session #2 of September 6, 2012 as written.  The minutes are sealed to protect the reputation of a business owner in town.  The motion passed unanimously.  
  • Non-Public Session #3 – September 6, 2012  Selectman Allen, seconded by Selectman Thompson, made a motion to approve the minutes of Non-Public  Session #3 of September 6, 2012 as written.  Chairman Dougherty noted Administrative Assistant Cressy prepared the first part of these minutes while he prepared the second part.  These minutes were sealed due to litigation.  The motion passed unanimously.  
  • Non-Public Session #4 – September 6, 2012  Selectman Thompson, seconded by Selectman Allen, made a motion to approve the minutes of Non-Public Session #4 of September 6, 2012.  Selectman Thompson noted his name was used where Selectman Allen’s name should be; Selectman Allen agrees.  This was lined out and corrected.  The minutes are sealed as this is a personnel matter.  The minutes were approved as amended.    
  • Non-Public Session #1 – August 16, 2012  Selectman Thompson, seconded by Selectman Allen, made a motion to approve the minutes of Non-Public Session #1 of August 16, 2012 as written.  These minutes are sealed as this is a personnel matter.  The motion passed unanimously.  
  • Non-Public Session #2 – August 16, 2012  Selectman Thompson, seconded by Selectman Allen, made a motion to approve the minutes of Non-Public Session #2 of August 16, 2012 as written.  These minutes are sealed due to litigation.  The motion passed unanimously.  
        
  • Highway Work Session – August 9, 2012  Selectman Thompson, seconded by Selectman Allen, made a motion to approve the minutes of the Highway Work Session of August 9, 2012 as written.  The motion passed unanimously.  Selectman Thompson noted it was a short session; he wants to make sure the Board got the work all done; he was assured this will be revisited during the budget season.
  • Non-Public Session – May 17, 2012  Selectman Thompson, seconded by Selectman Allen, made a motion to approve the minutes of the Non-Public Session of May 17, 2012 as written.  The minutes are sealed due to elderly exemption discussion.  The motion passed unanimously.  
  • Public Comment  There were none at this time.
  • Police Report  Chief Karl Meyers reviewed Department activities since the last meeting; some items discussed included doing a civil standby for a couple apparently headed to divorce court; there were three false burglar alarms; there was a 911 hang-up which was a misdial; there was a report of a loose horse; the rider fell off.  Voting at the Whitney Center went very well.  Officers stopped an oversized vehicle from going through the bridge; the driver had a suspended license and was arrested.  The memorial 9/11 walk around the Loop went well.  There was a motor vehicle over an embankment; another vehicle was stopped for defective equipment; the driver had two bench warrants and Officers found narcotics in the car.  Officers assisted the task force with a marijuana grower; the subject was arrested.  Officers assisted with the 10k race which had been off for two years.  There was a motor vehicle accident in the Notch; a report was taken of a lost iPod; a call was taken for a vehicle broken down by the Dana Place Inn; it had run out of gas.  Officers assisted the grammar school when a bus broke down by getting the students.  Officers assisted the ambulance with an elderly lady who fell and wasn’t able to get up; she has a med alert but couldn’t push it.  A report was taken of theft of a framing gun as well as a report taken about political signs being damaged or stolen.  In a court case a suspect was found guilty of aggravated DWI.  An oil delivery man was bitten by a dog; Jackson’s ACO is handling this.  There was a report of a suspicious subject at the Falls offering to massage women’s feet; these reports have come in on and off over the years but this time witnesses gave Police a good description.  Four folks were fingerprinted for employment purposes.
  • Dr. Carrier requests approval to hold “Honorary Citizens” event in December  Dr. Carrier discussed Christmas Can Cure; the program brings wounded warriors and their families in on Thursday December 13th with a ceremony in Jackson on Friday December 14th.  He would like the Board’s permission to prepare a proclamation of honorary citizenship for the Board to complete at their leisure.  The Carriers have been doing this since 2008; they are trying to get the Mount Washington Valley community involved as they need young children to play with the children who are coming.  Dr. Carrier has just come from Mt. Cranmore which has many activities that don’t require snow.  Usually there are two families but there is a widow with three children whose husband, the wounded warrior, just died; that might mean three families this year; the children range in age from not younger than five up to seventeen or eighteen as at an older age they don’t so much enjoy the Polar Express.  There will be seven or eight children this year.  Chairman Dougherty noted someone from the Board will be there to give the proclamation; he noted the program is wonderful; it’s neat to see the way these folks are given the advantage of enjoying the valley and its amenities.  Dr. Carrier presented the whole program to the Kiwanians last night; they are very supportive and help him out as does the Kennett Key Club; the program has strong support in the Valley.  
  • Building Permits - Andy Chalmers, Building Inspector
  • Hoy, Robert & Paula (R12, Lot 160) Install bathroom in Shed/Cabin  Office Administrator Falcey has done research on the property; Inspector Chalmers recommends the Board table this and give the applicant another thirty days so the owner can get the setbacks set and also meet the septic requirement; they have a three bedroom house with a three bedroom septic.  Tom pointed out the permit was approved for a three bedroom house; but they built a two bedroom house.  Inspector Chalmers noted the town tax assessor has inspected this property and considers it a three bedroom house; the 2009 permit was for a three bedroom as well; the fact that the storage shed is now a bunk house makes it appropriate to wait.  If the Board wishes to move forward he would recommend denying the permit so it would be best for the applicant to be given to the next meeting to get the setbacks on the plan and review the septic permit a little further.  Engineer Phillips has weighed in on this and both he and Inspector Chalmers are not comfortable with adding the bedroom.  Tom noted the Hoys would have to put in a separate septic just for this bathroom.  There is an application and Chairman Dougherty would like to go through the process; the Board has to have the septic system approval before it can look at approving this.  The owner would like assurances that this bathroom installation will occur but the Board has a lot to consider; it calls for a broader discussion he is not prepared to have this evening; he would like to pass over this.  Chairman Dougherty wants to see the septic approval before the Board will give the permit approval.  The trick is if the owners want to go through the design process; Tom has to discuss this with the Hoys.  Tom has met with Ron Briggs and the setbacks are doable.  It was reiterated that the house only has two bedrooms; it’s believed the loft is being looked at as a bedroom.  Chairman Dougherty has been in the home; it could be said to have three bedrooms depending on what rooms are defined as bedrooms.  The Board wants assurances that the shed won’t become an accessory apartment and that the property has only three bedrooms total.  Tom is curious regarding the loft; Chairman Dougherty noted there are two bedrooms in the basement level; Tom noted the lower level has one bedroom and a family room.  Chairman Dougherty wants to know how the Board can get it put on the record that the shed/bunk house doesn’t end up with a kitchen and as an accessory apartment.  Tom noted that while this is a large shed; putting a kitchen in wouldn’t be practical; Chairman Dougherty countered the town has much smaller structures that are considered accessory apartments.  Inspector Chalmers is recommending giving the applicant thirty days; Tom will see if he can get this done for next week; if not then by the following meeting.  
  • Dame-Moser, Lisa (Map V1, Lot 15) Replace sill under foundation  Inspector Chalmers has been up there a couple of times; he’s met with the contractor twice; the data used to calculate the building valuation is about half of the building cost; unfortunately it doesn’t have a line item for sill replacement and the contractors were not willing to share what it was costing to do the work.  Inspector Chalmers took construction data from the means program then took thirty percent of that to determine the value for the town to base its permit fee on.  There was a question on the value; Lisa noted it would be under $10,000 and if that’s the case then no permit is needed.  Inspector Chalmers noted Lisa had thought it was $1500; now it’s $7,000; she has replaced ninety-seven feet of sill; Inspector Chalmers noted $1500 won’t cover the cost of the materials; there is a substantial amount of work.  Chairman Dougherty reiterated it’s not how much it is to do it; it’s market value which is under $10,000.  Selectman Thompson noted it’s great Inspector Chalmers found a formula to use for this calculation; it was a fair amount of work; the town incurred some expenses to do this but that is going to happen sometimes.  
 
  • Benson, Peter & Emily  (Map R16, Lot 56) Roof replacement & insulation   Selectman Thompson, seconded by Selectman Allen, made a motion to approve the Building Permit for Benson, Peter & Emily (Map R16, Lot 56) Roof replacement and insulation.  Inspector Chalmers noted typically roof replacement is covered under the state building code and requires a permit; this Board has not been issuing permits for roofing.  This goes beyond just replacing roofing; the state will require a building permit to be issued.  Chairman Dougherty noted this is not over $10,000; the Board has exempted these; it has always been the practice for roofing and siding not to require a permit; the Lodge replaced its roof and that was well over $10,000.  Selectman Thompson noted this hasn’t happened since the March meeting when the Board received direction from the town; Chairman Dougherty noted the work may go over $10,000; he feels the Board should issue the permit so if it goes over $10,000 that will be done.  Looking at roofing and siding not requiring a permit is a separate issue.  The only time that is a problem is when someone is removing roofing or siding and finds they have to redo the framing.  Selectman Thompson asked if Inspector Chalmers has looked at the value; he hasn’t yet but he can calculate that; Inspector Chalmers would be thrilled if the town began issuing permits and inspecting roofs and siding; inspecting that work is warranted.  Selectman Thompson noted that needs to be cleaned up between the Planning Board and the Selectmen to present to the voters; for now it has a $10,000 threshold.  There was no further discussion.  The motion passed unanimously.    
  • Feenan, James & Patricia (Map R17, Lot 21) Install 10 x 12 shed  Selectman Thompson, seconded by Selectman Allen, made a motion to approve the Building Permit for Feenan, James & Patricia (Map R17, Lot 21) install 10 x 12 shed.  Inspector Chalmers recommends this be approved.  This size shed would be exempt from the state building code but town code requires it.  Chairman Dougherty noted the town requires a building permit due to the footprint; the town wants to make sure the setbacks are met.  The Planning Board is considering a change to exempt this type of building from permitting; he’s not sure this is what the Board wants to move toward; these may not need inspections but the town needs a building permit for setbacks.  Inspector Chalmers agrees; this doesn’t need an inspection but setbacks often become an issue.  Issuing a permit without requiring an inspection has a smaller fee.  There was no further discussion.  The motion passed unanimously.  Chairman Dougherty noted HB137 that went into effect in July states just about everything requires a permit.  
  • Graham, George & Joanne (R14, Lot 13) Roof shingle replacement  Selectman Allen, seconded by Selectman Thompson, made a motion to approve the building permit for Graham, George & Joanne (R14, Lot 13) roof shingle replacement.  Inspector Chalmers noted this is well over $10,000; there was no further discussion.  The motion passed unanimously.  
  • Loiselle, Edwin & Susan (R31, Lot 20) Build 24 x 24 garage  Selectman Thompson, seconded by Selectman Allen, made a motion to approve the building permit for Loiselle, Edwin & Susan (R31, Lot 20) build 24 x 24 garage.  The motion passed unanimously.  
  • Lunaterra, LLC (V1, Lot 45) Plaster ceilings; exterior siding & painting  Inspector Chalmers noted no permit is required although it was nice to see the application submitted; the owners were informed the town might not issue a permit for this but a permit is required to be submitted.
  • Lewis, Holly (Map V8, Lot 30) Building Permit status & inspections  Chairman Dougherty believes this should go to Non-Public Session; Selectman Thompson would rather go into Non-Public and feel protected then to not do it and wish it had been done.  Selectman Thompson, seconded by Selectman Allen, made a motion to go into Non-Public Session in accordance with RSA 91-A3, II(e) at 5:25 p.m. to discuss the Holly Lewis building permit.  The motion passed unanimously.
The Board returned to Public Session at 5:50 p.m.

  • Hana Equity Partners, LLC (Map R8, Lot 22) Notice of Violation  Chairman Dougherty would like to move this to next week.  The town has received numerous complaints about work being done out there; Inspector Chalmers has met with the builders; the cottage with a new deck appears to be inside the setback to the road and he asked for a permit application; he’s left messages for the owner but work is still going on.  It’s hard to determine a date to start the fine on a per diem basis; if the town issues a notice of violation for building without a permit it can charge from that date forward but only for days they are building; the setback violation is for all the time until remedied.  The Board agrees to issue a violation order for building without a permit and violation of the setback ordinance.  Inspector Chalmers noted it’s hard to establish the setback right now; as close as he can get with a laser the work is in the setback.  The order will be issued with per diem fines from that point on.  The fine is $275 for the first day and $500 per day afterward with a recommendation that work cease until this is remedied.  Inspector Chalmers thinks it makes sense to issue a stop work order; if they get too much work done they could ask for an equitable waiver.  Chairman Dougherty noted that these orders should only be used when there is an imminent life safety issue; if the town ignores this for years then an equitable waiver might apply; the town wants the owner to comply.  The owner is living right next to the site; he is aware of what is going on; Selectman Thompson believes the town should issue the notice of violation and between now and next week’s meeting the Selectmen can discuss issuing a stop work order.  Inspector Chalmers and Chairman Dougherty will get together and work on the wording so it will be available for next week’s meeting.    
  • Town Auditor’s 2011 Financial Report – MS 60  The Board agreed to move this over to next week.    
  • Cemetery Lot Agreements
  • McVey, John & Wendy  Selectman Thompson, seconded by Selectman Allen, made a motion to approve the cemetery lot agreement for McVey, John & Wendy.  The motion passed unanimously.  
  • Stevens, H. Allen & Lynn  Selectman Allen, seconded by Selectman Thompson, made a motion to approve the cemetery lot agreement for Stevens, John & Wendy.  The motion passed unanimously.  
  • Notice of Intent to Cut
  • Garland Lumber (R4, Lot 57AI) 12-231-02  Selectman Allen, seconded by Selectman Thompson, made a motion to approve the intent to cut.  The motion passed unanimously.  
  • Joel & Susan Horn & Maxwell Foster & Colleen Curran (Map R31, Lot 1) 12-231-07  Selectman Thompson, seconded by Selectman Allen, made a motion to approve the cut.  The motion passed unanimously.  
  • Garland Lumber (R19, Lot 1 Than unit #18) 12-231-05  Selectman Thompson, seconded by Selectman Allen, made a motion to approve the cut.  The motion passed unanimously.  
  • Garland Lumber (R19, Lot 1 Than unit #19) 12-231-06  Selectman Thompson, seconded by Selectman Allen, made a motion to approve the cut.  The motion passed unanimously.  
  • NH Association of Assessing Officials 2012 Election Ballot  This is moved to next week.  
  • Tim Scott: Requests refund of Building Permit value fee  Tim’s mother died and he is not planning to complete the project; he is asking for a refund.  Chairman Dougherty noted this is the first time he has seen one of these; Office Administrator Falcey noted the same.  The Board will pass this over as Chairman Dougherty wants to talk to Tim; the permit fee was $212.50; he’s inclined not to approve this type of thing.  
  • Thank you to the Jackson Historical Society and Eastern Green Inc. for their generous donations toward the costs of the Blue Spruce Tree planted at the town center  This is the new town Christmas tree as approved under last year’s warrant article; the Historical Society contributed as well.  Eastern Green continues to do several jobs for the town that they don’t charge the town any labor costs.    
  • Public Comment  Jerry Dougherty noted when people are replacing shingles and painting it can go over $10,000 but the town didn’t require permits in the past.  Regarding meeting setbacks; he’d like to know why the town verifies this; it should be the property owner’s responsibility to prove setbacks are met; he believes verifying setbacks makes the town liable.  Chairman Dougherty noted sometimes the town tries to verify the setbacks but under the circumstances where there is no building permit or approval it is the town’s requirement to take action on it.  If the town feels the setback isn’t appropriate it is up to the owner to provide the proof.  Holly asked why building a 10 x 12 shed needs a permit; Chairman Dougherty noted to meet section 16 the town issues a building permit; the town wants to confirm the work meets setback requirements.  Holly asked what the cost of that is and was informed the fee is $25.
The Board agreed to move items 13 through 15 to next week’s meeting.

  • Board Issues
  • New Business
  • Old Business
  • Board Policy
  • Job Descriptions
  • Bartlett-Jackson Transfer Station
  •    Implementation of Bartlett-Jackson Transfer Station Agreement
  • Hearing
Selectman Thompson, seconded by Selectman Allen, made a motion to go into Non-Public Session in accordance with RSA 91-A3, II(c) at 6:09 p.m. to discuss a matter related to reputation.  The motion passed unanimously.
                   
  • Non-Public Session RSA 91-A:3 II(c)- Reputation
The Board returned to public session at 6:25 p.m.

  • Non-Public Session RSA 91-A:3 II(e)- Elderly Exemption  The Board agreed to move this agenda item to next week’s meeting.
There being no further business the meeting was adjourned by motion at 6:26 p.m.

 
                                                                Respectfully submitted by:

                                                                Martha D. Tobin

                                                                Recording Secretary