Board of Adjustment, PO Box 268
Jackson, New Hampshire 03846
Minutes Approved August 20, 2008
MINUTES OF THE PUBLIC HEARING FOR AN EQUITABLE WAIVER OF DIMENSIONAL REQUIREMENTS, July 16, 2008
Case 2008-03- Estate of Nancy Capozzi, 21 Cameron Drive, Map V-03, Lot 19 designated as Lot 8 Eagle Brook. The estate is represented by Dorcas H. Deans, Esq. with Kathleen Sullivan Head appointed to apply for Equitable Waiver of Dimensional Requirements and attend the Public Hearing on her behalf.
Application for an Equitable Waiver of Dimensional Requirements: A waiver is requested from Section 4.3.1.2 of the Jackson Zoning Ordinance because part of the house and the deck are in the side setback.
Members in Attendance: Roger Chambers, Ted Brown, Debra Crowther, Helene Matesky and David Urey. Alternates present are Frank Benesh, Joan Davies, Lisa MacAllister, and Paul Belluche. Paul as an abutter and Board member of the Homeowner’s Association, recused himself and sat in the audience, but will be available for any questions. Susan Way is our recording secretary. Kathleen Sullivan Head representing the estate also attended the meeting
The Public Hearing 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 Debra Crowther.
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 Kathleen Sullivan Head to present her case. The estate is trying to obtain a complete set of permits in order to sell the property on Cameron Drive. Burr Phillips, representing the town, reviewed the septic system design in order to issue an “As Built” approval. During his review he discovered that the house and a portion of the deck are in the side setback and the “As Built” design was denied.
Prior to the Board of Adjustment Hearing, Ted Brown reviewed the file and asked Helene Matesky, Board Clerk, if the Eagle Brook property was considered cluster housing. He pointed out that Jackson Zoning Section 8.3.2 states that there are no side setbacks for cluster developments. Therefore he stated that if Eagle Brook is cluster housing, there would be no zoning violation.
Helene reported that she researched the Eagle Brook file in the town office, and the documents used various terminology including subdivision, PUD or cluster development. However, she distributed copies of some documents that consistently referred to “cluster lots”, including An Approval for Subdivision from the NH Water Supply and Pollution Control Commission, dated February 1988.
David Urey asked if Helene had reached any conclusion about whether it was cluster development ? Helene responded that she did not find any documents referring to any particular section of the zoning ordinance applicable to Eagle Brook, but that based on the documents in the file, it did appear that it was the intent to set the development up as cluster housing.
She also discussed the issue with Burr Phillips who reported that there were side setbacks shown on the plans he reviewed, and that is why he denied the “As Built” septic system design. But Phillips did say that the entire parcel (not individual lots) was used for soil calculations, and there are portions of common land; both of which are consistent with cluster development.
Ted Brown, who served as the town building inspector in the past, thought that the Eagle Brook Development was created as cluster development. The Zoning Ordinance section for cluster developments states there shall be no required setbacks. Roger Chambers mentioned that the Association has required setbacks.
Paul Belluche representing, the Eagle Brook Association, said the development is registered with the state as a PUD. He also stated that the Association has imposed side setback requirements. Helene pointed out that while it may be the case that the Association has imposed setback and other requirements, the Board must make the distinction between private agreements and those imposed by the Zoning Ordinance.
David Urey asked if it is the duty of the Zoning Board to determine if this is cluster development. Several Board members felt that this is a legal issue that should be researched by the estate or Association attorneys or discussed with the town attorney. Frank Benesh feels we should not make a decision tonight.
Helene Matesky made a motion that the Board refer the matter to the attorney for the applicant for further research or discussion with the Board of Selectmen to determine the legal classification of the development. David Urey seconded the motion and all voted favorably.
The Public hearing portion of the meeting was adjourned at 7:40 p.m.
OTHER BUSINESS
David Urey requested that the minutes of the last meeting reflect that at the Public Hearing he read the entire RSA for granting an Equitable Waiver of Dimensional Requirements prior to the Board voting on each item. The recording secretary had used the state approved abbreviated form for reporting an equitable waiver.
David Urey also mentioned to the new members that Planning Board minutes for prior years are available in the Selectmen’s meeting room for those who wish to do research.
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 7:45 pm.
Susan G. Way
Recording Secretary
July 22, 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.
Cc: Town Office, ZBA Public Case File, Applicant
| 
