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8-20-08 ZBAMinutes
BOARD OF ADJUSTMENT TOWN OF JACKSON
PO BOX 268, JACKSON NH 03848

MINUTES OF THE BUSINESS MEETING  - AUGUST 20, 2008

Minutes Approved - August 27, 2008


Members in Attendance -  Frank Benesh, Ted Brown, Debbie Crowther, Helene Matesky and David Urey.  Alternates present are Joan Davies and Paul Belluche.  Lisa MacAllister informed the Clerk she was unable to attend.
Others present: Jacqui Jones and Bob Kantack

Vice Chairman, Debbie Crowther opened the meeting at 7 PM.

Helene Matesky stated the Board would like to publicly thank Roger Chambers for his many years of service as a Board member and almost 3 years as Chairman.  All of the Board members concurred and wish him well.

Vice Chairman Crowther discussed By-Laws changes that are necessary due to Roger Chambers recent retirement as Chairman.  Helene Matesky explained that the new section 2.4 stipulates that an election of a Board Officer fills a vacant position only until the next full election at the Annual Meeting in January.

In addition, changes were needed to section 9.3 to clarify that the time limit for appeals shall be calculated 30 days from the day following a decision that is being appealed.  This language is consistent with recent court cases.

David Urey moved to accept By-Laws changes to section 2.4. and 9.3; with Ted Brown seconding the motion.  All voted in the affirmative.

The Board considered changes to section 11 -Reconsideration of the Board’s Decision -  but decided to table this item in order to research additional case law on the issue.

The Board then proceeded to discuss election of a Chairman to fill the term created by Roger Chambers’ resignation.  The Board held a brief discussion on the duties of the Chairman, Vice Chairman and Clerk.  Ted Brown mentioned that the research performed by the Clerk was invaluable and felt that such research should continue.  Helene Matesky mentioned her prior discussions with Frank Benesh, who said that he would be willing to take on the role of Chairman if elected by the Board.  Other Board members also independently felt that Frank would be a strong candidate for Chairman.

David Urey moved that Frank Benesh be elected as Chairman of the Board of Adjustment, and Debbie Crowther seconded the motion. The meeting continued with Frank Benesh presiding as Chairman.
Chairman Benesh called for discussion and a vote on the minutes of the June 18, 2008,  Public Hearing of the Curtis Case. Debbie Crowther moved with Paul Belluche seconding the motion that the minutes be approved; and all voted in the affirmative.

Chairman Benesh called for discussion and a vote on the minutes of the July 16, 2008,
Public Hearing of the Capozzi Case.  David Urey moved with Debbie Crowther seconding the motion that the minutes be approved; and all voted in the affirmative.

The Chairman then called for a discussion of several pending cases and was advised that the “As Built” design for the Capozzi estate has been signed by Town Engineer, Burr Phillips.   

In addition, Helene Matesky reported that the application submitted by Peter Malia, on behalf of the Wentworth, has been referred to the Selectman.   Roger Chambers advised Helene that the applicant was going to submit new drawings and a new application for a building permit to the Selectmen, and therefore would not pursue the issue further with the Board of Adjustment.  

Chairman Benesh informed the Board that he had received a new application for a variance on behalf of four homeowners who share a common well.  The owners are requesting a variance to relocate and enlarge an existing pump house on a non-conforming lot, in order to install additional arsenic filtration equipment.  After checking availability of members, Chairman Benesh scheduled the Public Hearing for Wednesday, August 27, 2008.


 Chairman Frank Benesh adjourned the meeting at 7:30 PM.


Helene Matesky, Clerk
Board of Adjustment
August 24, 2008


PUBLIC COMMENTS/CHANGES – Changes in writing should be sent to Frank Benesh, Chairman, Jackson Board of Adjustment, PO Box 268, Jackson, NH 03846 within 7 days, in order for consideration by the Board at the next meeting.

A complete set of the By-Laws and other Board of Adjustment (ZBA) information can be found on jacksonvillage.net under Board and Commissions.