Jackson Board of Adjustment
Business Meeting
July 19, 2006
Approved October 18, 2006
Members in Attendance: Roger Chambers, Kurt Kramp and Helene Matesky. Alternate attending was David Urey. Susan Way is our recording secretary.
The meeting began at 7: PM. with Roger Chambers, Chairman of the Board of Adjustment presiding. Roger asked Helene if anyone notified her that they were not attending tonight. She said that Ted Brown had notified her of a family obligation.
Agenda: Review of minutes of the March 22, 2006, meeting
Application forms
Unfinished Business
Other Business
The March meeting minutes were reviewed. Kurt Kramp made a motion to accept the minutes as written, David Urey seconded the motion and all voted favorably.
Application forms
Helene Matesky has been working on a new variance application form that combines the two forms that we have been using. She said that there has been confusion by applicants about whether they should fill out an Area or Use Variance form. . If someone fills out the wrong application form then they have to complete a new form and answer the questions all over again. Helene feels that if we had a combination form with two sections—one section with questions for an Area Variance and another section for a Use Variance--that this might eliminate the problem. David Urey added that at a recent state workshop for planning and zoning board members, they were given a problem to solve as a group. In some case, attendees couldn’t tell whether a case was a use variance or an area variance because
it had attributes of each. The ZBA By-laws include a provision to allow an applicant to amend his application on the night of the hearing if the Board feels that changes are not of a substantive nature. If an application did come in that was improperly filled out, either Helene or Roger could call and let the applicant amend it. Kurt feels that any corrections should be done before the night of the meeting. When he was the Chairman, many of the applications had to be sent back with a note on what had to be done and this sometimes delayed action for a month. David Urey made a motion that we adopt the application form when it is properly formatted; Roger Chambers seconded the motion and all voted favorably.
Unfinished Business – there was none.
Other Business
ZBA Files - Kurt Kramp had some odds and ends to bring up. He reported that his case files are stored downstairs in the basement of the placePlaceNameKelly PlaceNameMunicipal PlaceTypeBuilding. This covers information from 2001 Snowflake Inn to the 2005 Pumphouse at the Mt Washington Condos. He has created an index and given this to the Zoning Board Clerk for future reference. He has the Zeliff file but it will eventually be included.
Zeliff Case – Kurt Kramp distributed a copy of the summary to the Supreme Court that Rob Upton (attorney for the Jackson Board of Selectmen) made in May. Peter Malia (attorney for Zeliff/Abbott) and Rich Sager (attorney for the ZBA) have until July 21 to submit their briefs and then the Supreme Court will review the entire package that went through the Superior Court and the package submitted by Rob Upton and the Town of Jackson. Rich Sager had previously asked Kurt whether the ZBA needed to present a brief because Peter Malia, the Zeliff’s attorney, will be presenting a brief covering everything. Kurt said that he asked Rich Sager to be sure we had a brief because it is important that the position of the Board be recognized. Helene reminded Kurt that it was not a unanimous decision. Kurt pointed
out that the decision made that night by the three people that carried the decision was based entirely on the fact that there was a lease. If he erred it was because there was no lease.
Kurt said that the other point he wanted Sager to make was that he felt the Zoning Board could not act on the intent of the Zoning Ordinance as presented by the Chairperson of the Planning Board in her testimony at the Public Hearing. He stated that the Board can not act on the intent of the Zoning Ordinance, only the words. David Urey and Helene Matesky both disagreed with this position and pointed out that historically, the purpose or intent of the Zoning Ordinance is important and is a key factor that attorneys and the courts have considered in cases such as this. Kurt also mentioned that the town voted to clarify the Zoning Ordinance at Town Meeting. Helene felt that the original wording of the Zoning Ordinance was clear and was not confusing.
A decision should be made sometime this fall. There may be an oral argument with the lawyers but no more public hearings will be involved.
Roger Chambers had a few things to discuss.
PB/ ZBA Joint Meeting -At the joint meeting there was discussion of non-conforming uses. Roger feels there is not much anywhere you look that relates to non-conforming uses. There is a lot of material about non-conforming structures. He had questions about allowing cellars but not increasing volume by adding dormers. David Urey pointed out the Planning Board passed a motion stating that they didn’t mean a limitation under the ground when considering depth. The depth originally mentioned was for the horizontal depth of the structure and not the vertical depth. Any building construction to add volume would not be permitted. The Planning Board spent a great deal of time reviewing the wording and interpretation of the non-conforming issues and the revised wording was approved by the voters in March.
Roger would like to see an overview of the entire Zoning Ordinance by the Municipal Association in CityplaceConcord or the North Country Council to bring it up to 2006.
Helicopter Noise - Roger Chambers reported that he received several calls recently about a helicopter incident, because he is the Chairman of the Zoning Board. Apparently on a recent Saturday morning a helicopter took off from the Abbott site at 6:45 in the morning. Roger and Helene both got phone calls complaining of the noise. Helene mentioned that she also heard the noise and that one of her neighbors reported seeing Mr. Abbott’s helicopter overhead.
Helene reviewed the minutes of the Public Hearing and found that Mr. Abbott agreed to use the site between 9 AM. and sundown as one of the Conditions of Approval. Roger talked with both Gino Funicella, Chairman of the Board of Selectmen and Karl Meyers, Chief of Police about it. David Urey pointed out that the Selectmen are the Board of enforcement and he asked about the procedures for reporting incidents. Roger said that Gino instructed him to talk with Karl about it to officially create a record. Helene also called Karl for the public record. Kurt Kramp made a motion to draft a letter to the Selectmen regarding this violation to the conditions and ask for enforcement. David Urey seconded the motion and all voted favorably.
Zoning Board Minutes
David Urey brought up the point that the Zoning Board minutes are not on the town’s website. He feels that if this was added then any citizen could check out the minutes.
Helene said she could add the minutes from now on. However, archival records of old minutes are paper copies and they do not have corrections made to the original document. Roger feels we should take it from now and not try to go back and recreate old minutes.
Enforcement of ZBA Approvals
Helene had a question about enforcement of Conditions of Approval imposed by the ZBA such as restrictions that are required on the deed. Roger asked Kurt if this had been an issue in the past. Kurt responded that the Selectmen have the responsibility at the time that permits are issued to make note of conditions and do any necessary enforcing at the time of inspections.
ZBA Budget - Roger Chambers stated that at the Joint ZBA/PB Meeting it was suggested that the Zoning Board have a budget especially to handle unforeseen legal expenses. Roger talked with Tracey Mosston at the Town office who stated that this is covered by the town’s allotment. Kurt said he didn’t realize there was a budget. Roger feels that we do not need a lot of money in a budget. The applicant pays a fee to cover mailing expenses. If that fee is not sufficient, then they are asked for more to cover the expenses. The recording secretary is paid.
Septic System Permit Issue - Roger reported that a gentleman had been in contact with him regarding a decision made by Burr Phillips denying him permission to renew his septic permit. The applicant was requesting that the ZBA review the issue as the septic system permit was denied for a 3 bedroom house. Roger returned the packet to the applicant after a phone conversation. Roger stated that he would have to discuss the problem with the Selectmen. It was not a Zoning Board issue. Roger also will find out if the Board could hear appeals of decisions made by Burr Phillips and the building inspector. The Board can only hear appeals of decisions made by other town boards and an Administrative Officer of the town. He will ask the Selectmen if Phillips and the building inspector are considered
Administrative Officers.
There being no further discussion, David Urey made a motion to adjourn and 9:30 PM; Kurt Kramp seconded the motion and all voted favorably.
Susan G. Way
Recording Secretary
July 21, 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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