Board of Adjustment, PO Box 268
Jackson, New Hampshire 03846
Minutes Approved August 20, 2008
June 18, 2008
MINUTES OF THE PUBLIC HEARING FOR AN EQUITABLE WAIVER OF DIMENSIONAL REQUIREMENTS
Case 2008-02- Laurence Curtis, Map V-07, Lot 120
Members in Attendance: Roger Chambers, Ted Brown, Helene Matesky, David Urey, alternates, Frank Benesh, Joan Davies and Paul Belluche. Debra Crowther and Lisa MacAllister informed the Board they were unable to attend. Susan Way is our recording secretary. Applicant Laurence Curtis and Jackson resident Hank Benesh also attended the meeting
The meeting began at 7:00 PM. with Roger Chambers, Chairman of the Board of Adjustment presiding. The voting members tonight are, Roger Chambers, Ted Brown Helene Matesky, David Urey and alternate Frank Benesh.
The hearing will follow our standard procedure:
1. The applicant will present his case for the Equitable Waiver of Dimensional Requirements. 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.
Roger Chambers, asked Mr. Curtis to discuss his building project and why he is requesting an Equitable Waiver of Dimensional Requirements. Mr. Curtis explained that in January 2008, Burr Phillips, representing the town of Jackson, informed him that his request for approval of the "as-built design" for his home was denied because his home encroaches into the sideline setback. The drawings indicate the building is 0.7 feet over the side setback line, and the eave is 3.1 feet over the side setback line at the southwest corner.
Mr. Curtis stated that work on his property began in 2001. At that time, Ted Brown then building inspector for the town, visited the property and Mr. Curtis agreed to notify the town when the foundation was staked out so that setbacks could be verified. In December 2001, Shawn Bergeron inspected the site, reviewed the building and site plan, and approved the permit as long as the house was placed as shown on the plan. (The stakes were not in place at the time of the visit.)
Mr. Curtis said that when the stakes for the foundation were in place, he discussed the house location with his contractor and had actually moved the southwest corner stake back from the setbacks to insure there would be no problems.
Mr. Curtis instructed the contractor to start the foundation at the southwest corner. The contractor failed to follow his request and started at the northeast entrance of the property to use the available driveway. Mr. Curtis was not here when the foundation work was begun, but he telephoned the town office to advise them when the forms were in place and to get approval to proceed.
When his home was completed and his well was installed, he contacted the state in order to get final approval on his permits. As part of that process, Burr Phillips, inspecting his property on behalf of the town, discovered that the house was in the side setback.
David Urey asked about the cantilevered porch on the second floor. Mr. Curtis said the porch is shown on the drawing submitted to the town and is not in the setback.
Mr. Curtis stated that he is requesting an Equitable Waiver of Dimensional Requirements in order to get an "as built design" approval from the town, and to make sure that there are no outstanding issues concerning his property.
Roger Chambers asked for any further discussion and there was none.
David Urey moved that we close the public input portion of the Public Hearing; Paul Belluche seconded the motion and all voted favorably.
The Board reviewed the facts and began deliberation and discussion on the issues of the case.
Helene Matesky said that there appeared to be several mistakes made by various people as the house was built over a period of several years. The applicant appears to have acted in good faith in working with the town and could have made corrections if the error had been discovered prior to the building being constructed.
David Urey stated he has no reason to question Mr. Curtis's facts. The foundation contractor started at the wrong place and Mr. Curtis did not become aware of any violation until after the building had been erected. This is an excellent case to be considered under an Equitable Waiver.
David Urey pointed out that there are 4 criteria under RSA 674:33-a, I, that must be met in order for the Board to approve an Equitable Waiver of Dimensional Requirements.
There being no further discussion, David Urey read the RSA in its entirely and the Board proceeded to vote on each of the 4 criteria (summarized below) as follows:
A: The dimensional violation was not discovered until after the structure had been substantially completed,
Frank Benesh made a motion that the facts presented comply with the RSA 674:33-a, I, sub paragraph a. Ted Brown seconded the motion and all voted favorably.
B: The violation was not an outcome of ignorance of the law, misrepresentation, or bad faith on the part of the owner, but instead caused by a good faith error in measurement or calculation by the applicant's agent.
Ted Brown made a motion that the facts presented comply with RSA 674:33-a, I, sub paragraph b. Frank Benesh seconded the motion and all voted favorably.
C: The physical dimensional violation does not constitute a public or private nuisance, nor diminish the value of other property in the area.
Ted Brown asked if any abutters made comments and Helene Matesky replied that no one had sent any by mail and no one appeared tonight. David Urey asked if any Board members had been to the property and several members said they had visited the property.
David Urey made a motion that the facts presented comply with RSA 674:33-a I, sub paragraph c. Ted Brown seconded the motion and all voted favorably.
D: Due to the degree of construction, the cost of correction so far outweighs any public benefit to be gained, that it would be inequitable to require the violation to be corrected.
Frank Benesh made a motion that the facts presented comply with RSA 674:33-a I, sub paragraph d. Ted Brown seconded the motion and all voted favorably.
Helene Matesky made a motion that as the applicant has met all the requirements as specified in RSA 674:33-a I, the Board grant an Equitable Waiver of Dimensional Requirements regarding Section 4.3.1.2 of the Jackson Zoning Ordinance. David Urey seconded the motion and all voting members voted favorably.
OTHER BUSINESS:
Roger Chambers announced that the Board will be meeting July 16, to hear another application for an Equitable Waiver of Dimensional Requirements.
Roger also suggested that the Board of Adjustment and perhaps the Planning Board, meet with Shawn Bergeron and Burr Phillips and other town officials to go over building permit and inspection procedures. The Board felt it would be helpful to have a better understanding of the process in order to review complicated cases in the future.
Roger Chambers will follow-up to set up a meeting.
There being no further discussion, David Urey made a motion to adjourn; Frank Benesh seconded the motion and all voted favorably. Chairman Roger Chambers adjourned the meeting at 8:30 pm.
Susan G. Way
Recording Secretary
June 22, 2008
Revised July 16, 2008
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.
| 
