Jackson Board of Adjustment
Business Meeting
March 22, 2006
Minutes Approved: July 19, 2006
Members in Attendance: Roger Chambers, Debra Crowther, Richard Johnson, Kurt Kramp and Helene Matesky. Alternates attending were Shana Myers, David Urey and Dot Wood. addressStreetSusan Way is our recording secretary.
The meeting began at 7:00 PM. with Roger Chambers, Chairman of the Board of Adjustment presiding.
Agenda: Review of minutes of February’s meeting
By-Law changes
The February meeting minutes were reviewed. Shana Myers made a motion to accept the minutes as written, Dot Wood seconded the motion and all voted favorably.
Unfinished Business – there was none.
Kurt Kramp brought in the transcript from the November 3, 2006 court hearing for the Zeliff case for the Clerk’s files. Kurt Kramp instead of new Chairman, Roger Chambers, will continue to coordinate the legal aspects of this case for continuity.
Shana Myers wanted to revisit the idea of hearing more than one case at a meeting. It was agreed that if the proposal was brief and contained all the pertinent information it would be concluded in one meeting. Proposals that were difficult and brought up more discussion could be postponed for further deliberation
By-laws: There was a brief discussion of the March 19, 2006 draft of the Board By-Laws.
The Board discussed the proposed Purpose section which defines the role of the Board of Adjustment and clarifies what the Board can and can not do in making its decisions. David Urey would like to change the first sentence of the Purpose section to eliminate the word “ZBA” and capitalize Zoning Ordinance and Town to reflect proper nouns. Most of the text of the statement was drafted from the NH Office of Energy and Planning manual and the Board made several other minor changes. The entire text of the Purpose statement, which is all new language, is printed below.
Purpose: The primary role of the Board of Adjustment is to interpret the terms of the Zoning Ordinance as enacted by the Town. It seeks to interpret the intent of the Zoning Ordinance representing the public interests of the Town, while at the same time protecting individual property owners from unfairness and hardship in the application of zoning regulations. The legislative body, (i.e. those voting on the day of Town Meeting) in passing the Ordinance has already decided what zoning controls it believes to be best for the Town and has determined what restrictions will be applied. The Board should act within the limits set by the Ordinance and cannot enlarge, restrict or disregard these limits. In determining the intent and meaning of a provision of
the Ordinance, the Board is restricted to a fairly literal interpretation. The Board should apply the strict letter of the law in exactly the same way that a building inspector is required to do. It cannot alter the Ordinance or waive any restrictions under the guise of interpreting the law. The Board cannot declare an Ordinance invalid because it appears to be improperly drawn or enacted, or violates state or federal law. It should assume that the Ordinance is legal and constitutional unless declared otherwise by a court. The Board should act on the evidence presented and base its decision on legal grounds according to very strict guidelines outlined in state manuals and as determined by case law. The Board should be diligent in confirming the accuracy of all written and verbal evidence, whether from the applicant or fellow Board members and, where necessary, postpone a decision in order to do so. The Board will not deny
or approve an application based on what it considers to be the best interests of the Town because it does not have legislative powers.
In addition the Board adopted a clarification to the Time Limit for Filing Appeals to the Board of Adjustment. This change is needed to clarify that the 30-day time frame for filing with the ZBA is for Appeals of Administrative Decisions and does not apply to Applications for Variances. The changed language is underlined below:
Time Limit for Filing Appeals to the Board of Adjustment – Appeals from Administrative Decisions pursuant to RSA 676:5 which includes appeals of certain Planning Board decisions, may be filed no later than 30 calendar days from the date of the decision. The 30-day time limit applies only to those situations where anyone having a right to appeal, feels that a decision interpreting the Zoning Ordinance, made by the Board of Selectmen, Planning Board or other administrative officer is incorrect, and he wishes to appeal that administrative decision. While a variance may also be requested at the same time as an appeal, there is no time limit for applying for a variance. The Board, by a majority vote, may waive this period if the person appealing can demonstrate to
the Board’s satisfaction that he did not know, and could not reasonably have known, that the decision had been made. (Tausanovitch v. Town of CityplaceLyme , 143, N.H. 144 (1998)
Kurt Kramp made a motion to accept the By-Laws changes as amended. David Urey seconded the motion and all voted favorably.
Other business:
Roger Chambers distributed papers from a 2003 training session he attended that was conducted by attorney Bernie Waugh, for members to review.
Roger Chambers wanted a short discussion on septic systems issues. Kurt Kramp stated that the Board of Adjustment should no longer be hearing many septic system cases in regard to small lots as the Board of Selectmen issues permits for those cases. Kurt did point out that it is important to get the number of bedrooms stated on the deed for future reference regarding building on those lots.
Roger Chambers reported that he had a call from Betsy Harding, the Planning Board Chair, regarding a joint meeting with that Board on May 11. Shana Myers asked for the purpose of this meeting and Roger said that we would go over issues that apply to both boards. Roger suggested that members bring up ideas that they would like discussed so that an agenda can be prepared.
The appointments of Roger Chambers, Debra Crowther and Rich Johnson will be expiring in April. They have all expressed interest in being reappointed.
There being no further discussion, Roger Chambers made a motion to adjourn at 8:20 PM. Debra Crowther seconded the motion and all voted favorably.
Respectfully submitted
Susan G. Way
Recording Secretary
March 25, 2006
PUBLIC COMMENTS/CHANGES –Changes in writing should be sent to Roger Chambers, Chairman, Jackson Board of Adjustment, PO Box 268, Jackson, NH within 7 days, in order for consideration by the Board at the next meeting.
A complete text of the By-Laws and other Board of Adjustment (ZBA) information can be found on jacksonvillage.net under Boards and Commissions.
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