BOARD OF ADJUSTMENT TOWN OF JACKSON
PO BOX 268, JACKSON NH 03848
MINUTES OF THE ANNUAL MEETING - JANUARY 21, 2009
The meeting was opened at 7:35 PM by Frank Benesh, Chairman, who explained that this was the annual meeting of the Board of Adjustment for the purpose of electing officers for the upcoming year.
Helene Matesky, Clerk, read the roll. Those in attendance were members Frank Benesh, Ted Brown, Debbie Crowther, and Helene Matesky, and alternate, Paul Belluche. David Urey had indicated he was unavailable; and alternates Lisa MacAllister and Joan Davies were unable to attend.
Also in attendance – Holly Lewis
Ted Brown noted that the election of officers could proceed because there was a quorum present.
Ted Brown moved that Frank Benesh remain as Chairman, seconded by Debbie Crowther. The motion passed with all members in attendance voting in the affirmative.
Paul Belluche moved that Debbie Crowther remain as Vice Chairman, seconded by Ted Brown. The motion passed with all members in attendance voting in the affirmative.
Debbie Crowther moved that Helene Matesky continue as Clerk, seconded by Frank Benesh. The motion passed with all members in attendance voting in the affirmative.
Other Business –
Frank Benesh reminded the Board that the Planning Board has proposed several changes to the Jackson Zoning Ordinance and plans to hold a public hearing on January 28, 2009.
The proposed amendments include language for compliance with state Building Codes and Regulations. Frank pointed out that appeals under this section would presumably come to the Board of Adjustment because the town does not have a Building Code of Appeals Board. Frank said he discussed this issue with other area towns, and they have not seen many appeals under the building code.
Frank reported that he had received an application for an appeal from Shana Myers, but determined that the application was incomplete. He explained that the Board of Adjustment could not hear the incomplete application and referred her back the Board of Selectmen for further discussions.
Frank mentioned that he has also given an application for An Equitable Waiver of Dimensional Requirements to another resident but has not received the completed application on the case.
The Board also discussed the need to review the By-Laws for compliance with recent court cases. Helene Matesky mentioned that we need to review sections dealing with Reconsideration as a recent court case has specified that reconsideration can occur
within the appeals period of the original decision. She offered to review the court case and draft appropriate changes to bring us into compliance with this court decision.
Frank Benesh asked Ms. Lewis if she had anything to discuss before the Board adjourned. She asked what would happen if a building project took several years to complete and the zoning ordinance had changed while the project was under construction and the building permit had to be renewed.
Frank responded that it was a good question, but that the Board of Adjustment was an appeals board for specific cases and could not give advisory opinions on hypothetical issues. He felt that it may depend on the status of the building project and the zoning ordinance when the original building permit expired and a renewal was requested. He felt it was more appropriate for Ms. Lewis to bring the question to the Board of Selectmen or the Building Inspector.
Debbie Crowther pointed out that she has been on the Board of Adjustment for twenty years and does not remember a case of that nature ever coming before the Board.
There being no further business, the meeting was adjourned at 8:05 PM.
Helene Matesky, Clerk
Board of Adjustment
January 22, 2009
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 information can be found on jacksonvillage.net under Boards and Commissions.
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