Jackson Board of Adjustment
December 13, 2006
Minutes Approved; January 17, 2007
Members in Attendance: Roger Chambers, Kurt Kramp, Ted Brown and alternate David Urey. Dot Wood, Debbie Crowther, Helene Matesky, Shana Myers and Lisa Macallister were unable to attend. Susan Way is our recording secretary. Others attending the meeting were Wanda Sulkowski, Sylvie Munyen, Jolanta Olejnik Nave, Mark Olejnik, Kim Frechette, Warren Schomaker and Gregory Sullivan.
The meeting began at 7:00 PM. with Roger Chambers, Chairman of the Board of Adjustment presiding. The four members present do constitute a quorum.
Agenda: Hearing for an Area Variance - 2006-03- Olejnik
Deliberative Session - Request for a Rehearing—2006-01-Digan
Unfinished Business—Oct. 18, 2006 Minutes; November 1, 2006 Minutes
Other Business
HEARING FOR AN AREA VARIANCE—2006-03--Olejnik
The hearing will follow our standard procedure:
1. The applicant will present his case for the area variance. During this time only the Board may interrupt to ask questions.
2. Those in favor may speak.
3. Those opposed may speak.
4. Public comments
5. Rebuttals from both sides
6. Comments.
After this, the Public Hearing will be closed. The Board will try to vote and give the results on the same night but it depends on the time, whether we finish tonight. You may stay and listen while the Board deliberates to make a decision but there will be no further public input unless the Board has a question. If it gets late, the hearing may be adjourned to a later date
Roger Chambers, Chairman of the Board of Adjustment, made the following statement: This is a hearing for an application for an Area Variance by Mark Olejnik, l9 Spring Street, Map R18-Lot 22. The Applicant is requesting this Variance regarding Setbacks in Section 4.3.1.2 of the Jackson Zoning Ordinance in order to build an addition to his home.
Mr. Olejnik was given the opportunity to cancel this hearing because 5 members were not present. He agreed that 4 people would be acceptable. Kurt Kramp explained that if a decision was made tonight by the 4 people and Mr. Olejnik wished to make an appeal that the lack of members could not be the grounds for the appeal. Mr. Olejnik stated that he understood.
Mr. Olejnik explained that in 1985 he built a house with a 2-bedroom septic permit on a very small lot. In 1984 he consulted with LA Drew and other contractors in the area about building this structure but could get no one to build an A-frame so he built it himself with the help of an architect friend who drew up the plans. The resulting structure is now basically one big room with no designated bedrooms but does have a sleeping loft.
He has eight children and nowhere for any privacy when they visit. He applied for a building permit to attach an additional A-frame to his house. He prefers the A-frame design to coincide with the mountains. He cannot expand to the rear or other side of the property because of the limited space and can only go up. He needs a variance of 8 feet by 15 feet to accommodate the foundation that he has already poured. He poured the foundation after applying for a permit and was not aware of a problem until Shawn Bergeron pointed it out. The Walton’s, his neighbors, did not complain. Mr. Walton had a gentlemen’s agreement with the Oljeniks about expanding on the edge of the property.
Ted Brown asked for the more formal plan with measurements that was requested in a letter sent to Mr. Olejnik from Shawn Bergeron. Mr. Olejnik does not have any drawings at the present time. Ted Brown then mentioned that he could draw out a plan himself and put on the necessary measurements so the Board would have something to go by. The photos that Mr. Olejnik presented did not give enough detail.
Ted Brown asked if Mr. Olejnik could expand in the space over the garage. He responded that the space over the garage would be too large. Kurt Kramp feels that we do not have the right information. If we did vote tonight, he would probably vote not in favor. Ted Brown stated that Mr. Olejnik needs to accept the fact that he has a small lot that will necessitate a small house.
Roger Chambers asked Mr. Olejnik if he could negotiate a property switch or buy enough land from the Walton’s to give him the necessary setback. Roger asked Kim Frechette, Shawn Bergeron’s assistant, for her opinion. She felt the Walton agreement would be the most effective way to handle the situation.
There was no further discussion.
David Urey made a motion to continue the hearing until the applicant has more details for the Board to consider. Ted Brown seconded the motion and all voted favorably.
This hearing was adjourned at 7:55 p.m.
DELIBERATIVE SESSION -REQUEST FOR A REHEARING - Case 2006-01-DIGAN
Roger Chambers explained that the Board would deliberate on a request for a rehearing of the Board’s October 18, 2006 Decision on the Digan appeal. Attorney Greg Sullivan, representing the Digans, wrote the Board a letter on November 17 and again on November 30 requesting a rehearing due to information on several deeds.
Kurt Kramp had questions. He noted there is a right-of-way from 1976 already on record on the Crowe property. On the Harmon property drawing it is noted that there is a driveway that is being discontinued.
David Urey has reviewed the Crowe plans from the Planning Board. He felt that the right-of-way should have been addressed at the Selectmen’s level. He stated that this is not properly presented before this Board. This appears to be a second hearing and not a rehearing. Kurt Kramp felt that these are new facts. David Urey said that these aren’t
new facts but a new legal argument.
When questioned by Roger Chambers, Attorney Sullivan responded that he was unaware of the right-of-way at the first hearing.
Roger Chambers found the drawing of the right-of-way in the town office files without any difficulty. He stated that this should not be considered new information as it was there and easily found.
David Urey reported that based on the information provided to the Board at the October 18 public hearing, we did act appropriately. But he feels that a letter should be drafted to the Selectmen suggesting that they reconsider the permit. David and Roger will draft a letter and present it to the Selectmen at their next meeting on December 18.
Kurt Kramp made a motion that we continue the deliberation on this request for a rehearing on this case. The Board would like to write a letter to the Selectmen to have them reconsider granting of the permit based on the fact that there is a 12 foot right-of-way not included in the plan at the time of granting of the permit. Ted Brown seconded the motion and all voted favorably.
Unfinished Business
Ted Brown made a motion to accept the minutes of the Oct 18, 2006 hearing of Case 2006-01 as written. Kurt Kramp seconded this motion and all voted favorably.
Ted Brown made a motion to accept the minutes of the Nov. 1, 2006 hearing of Case 2006-02 as written, Kurt Kramp seconded this motion and all voted favorably.
OTHER BUSINESS:
None
There being no further discussion, David Urey made a motion to adjourn; Kurt Kramp seconded the motion and all voted favorably. Chairman Roger Chambers adjourned the meeting at 8:45 pm.
Susan G. Way
Recording Secretary
December 15, 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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