Jackson Board of Adjustment
ANNUAL MEETING
February 17, 2010
(unofficial until approved, draft posted 2/22/2010)
Members in Attendance: Debra Crowther, Frank Benesh, Ted Brown, and Helene Matesky. The alternate attending the meeting was Joan Davies. Joan Aubrey and Paul Belluche called to say they could not attend. All in attendance will be voting. Susan Way is the recording secretary.
Chairman Frank Benesh called the meeting to order at 7 PM.
The minutes of the January 7th meeting were reviewed. There were no revisions to the minutes of the Siebert case. On the Jackson Ski Touring minutes, Debbie asked Helene to clarify a question she asked at the Public Hearing about ski touring lots. The response from Thom Perkins as written in the minutes appeared confusing and Debbie wanted to clarify that the lot in question has only been in use for approximately 2 years and not 33 years. Helene clarified that she asked how long similar lots have been in existence throughout town and the minutes were amended to reflect that. Frank asked for further discussion and there were no other questions.
Helene Matesky made a motion to accept the minutes as changed; Joan Davies seconded the motion and all voted favorably.
BY-LAWS
Helene Matesky has been working for some time on rewording of the by-laws. This is necessary due to changes in case law and those indicated in the Office and Energy and Planning manual, The Board of Adjustment in New Hampshire, December 2009. Helene asked if we should vote on each section or vote on the entire By-laws as amended. It was decided to go over the amendments that anyone felt needed discussion and vote on all the changes.
Frank sees one section of the by-laws that he feels needs to be changed in the area of notices in 9.7.1 or 9.72. In 9.7.2 we should make it clear that we would only give notices for holders of historical, agricultural and conservations easements on the subject property and not on abutting properties. Frank would propose adding a sentence to the end stating, “Notices will be provided any holders of historical, conservation or agricultural easements on the subject property but we will not attempt to notify the holders of easements on an abutter’s properties”. It is not practical for the Board of Adjustment to know of any existing easements on abutting properties. The RSA is not clear on this but the Board agreed to this amendment.
Helene discussed the term of office for the Chairman in by-laws section 2.1 that currently states he may only run for three consecutive terms. The Board felt that this restriction was no longer necessary and recommended that it be deleted. Helene also felt that the section 2.3 regarding the election of Clerk should be changed to state that a Clerk may be elected, but that it is not mandatory.
In the previous state manual there was no distinction about voting alternates and regular members when the Board begins deliberations on a case. The new manual states that any non-voting alternates must leave the discussion area and not take part in the deliberations. Frank Benesh confirmed that we are complying with this new requirement.
There was a discussion about the time frame for a notice of decision and availability of the minutes. The RSA states that these notices and minutes must be available 5 business days after the meeting and the By-Laws have been amended in this regard. Board minutes and notice of decisions are posted at the town office, on the town website and are distributed through ENEWS.
Helene proposes section 9.10 be amended to indicate that copies of Board decisions will be given to the town office staff to be placed in the property file so a record can be found in case of change of ownership. Notices, minutes and decisions, will also be placed in the Board of Adjustment Public File for each case, and will be kept in the town office for future reference.
Section 11 also needs to be amended to comply with case law that the Board may reconsider its decision on a case, provided that it does so within the 30 day statutory appeal period of the original decision. Ted Brown stated that previous language said that only those who voted in the majority may propose a reconsideration. Helene confirmed that this provision will remain in the By-Laws.
Frank Benesh made a motion to accept the by-laws as amended; Debra Crowther seconded the motion and all voted favorably.
ELECTION OF OFFICERS
Frank Benesh is willing to continue as Chairman for another term. Helene Matesky made a motion to elect Frank Benesh as Chairman; Debra Crowther seconded the motion and all voted favorably.
Debra Crowther has agreed to stay as Vice-Chairman. Frank Benesh made a motion to elect Debra as Vice-Chairman; Helene Matesky seconded the motion and all voted favorably.
Helene Matesky asked to be replaced as Clerk. Her term on the Board is expiring in April and she feels it is time to step down to allow time for some other projects. It was decided not to vote on the Clerk’s position tonight. Helene gave Frank a proposal to split the Clerk’s duties. Frank is going to review this plan and discuss the possibility that other members can take over some of the functions previously performed by the Clerk.
Lisa MacAllister's term also expires this year. Chairman Benesh will discuss this with her.
As there was no other business, Debra Crowther made a motion to adjourn the meeting; Ted Brown seconded the motion and all voted favorably.
Chairman Frank Benesh adjourned the meeting at 7:50 p.m.
Respectfully submitted -
Susan G. Way,
Recording Secretary
Please send any corrections, or comments in writing to the Chairman, Board of Adjustment, PO Box 268, Jackson, NH 03846.
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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