Jackson Planning Board
Jackson, NH
M I N U T E S
UNOFFICIAL UNTIL APPROVED
January 9, 2003
Members present: Richard Bennett, Brooks Dodge, Bill Kelley, Sarah Kimball, Ira Lynn and Stephen Weeder. Alternates present are Randy Davis, Bob Dupuis and Betsey Harding.
Others: Lana & Walter Yacheschyn, Richard Anderson, Heidi Fogden, Kathleen Sullivan Head, Lisa Dame-Moser. Thom Perkins, Michael Leahy, Gino Funicella,Wallace Pimental, Joyce Allan, Bea Davis, Robert Davis, Dean Davis, Anthony Ruddy, Lisa Baumgartner, Katherine Gadman, Nancy Porath, Paul King, John & Julie Alichwer, Anthony Michael Alichwer, Michael Mallett, Paul Mayer, David Douglass and Shana Meyer.
The Planning Board held a Public Hearing on Tuesday, January 7, 2003 at 7 PM at the Jackson Town Hall. See separate draft on this hearing.
Chairman Richard Bennett called the regular meeting of the Planning Board to order at 7:20 p.m. Upon reading the minutes of the December 12, the following corrections were found. In Section 2 fourth line the sentence about low density should be removed. A few sentences down in the same section, the Studley house that is existing should be included to clarify future inquiries. On Page 2 same section on the ninth line the sentence should read “Paul feels that we are tying to compare the [paper] cul-de-sac issue with another development. A few more sentences down should have a phrase added—We still have two major issues [in addition to the 200 foot frontage],… In Section 3 the second sentence should add the word “tower” after Verizon. The last sentence of that section should be changed to
“If they do not hear soon, a letter will be written. The third sentence from the end of page 2 should state “Environmental protection is also an important issue. We need to minimize the potential of erosion and drainage problems that we now have. On page 3 the eighteenth sentence should identify the April Community Profile meeting. Betsey would like the sentence deleted about clear cutting as she doesn’t remember what she was referring to. At the end of page 3, the next-to-the-last sentence should end at the words natural ground surface and eliminate the date. Ira Lynn made a motion that the minutes be accepted as changed and Bill Kelley seconded this motion which passed unanimously.
PUBLIC INPUT: There were no comments.
THORNE SURVEY (DAVID DOUGLASS) REPRESENTING A. FRED FEYLING: R-8, Lot 9B.
David Douglass explained that this property now has a conceptual approval for a 10- lot subdivision. The owners would like to change this to a 2-unit subdivision with no further development on this lot. The town recognizes this subdivision but at the present time the State of New Hampshire does not. This proposed subdivision would have its own covenants. The owners are in the process of getting State approval. There was discussion about the driveway access. At the present time the main right-of-way is through the Dana Place driveway with an outlet further down. Bill asked if that outlet was ever constructed and Betsey confirmed that it has been. A new well will be established for this development. They do have a right to hook on to the existing system but chose not to. Sarah asked if the soils information has
been utilized as far as our requirements and David replied that they had. Dave said that they were still working with the State of New Hampshire so they have nothing in concrete tonight. Dick asked that they bring in something from the State DOT to approve the driveway entrances. David will also bring in new covenants. There were no other objections.
LOT LINE ADJUSTMENT FOR MALLETT COMPANY AND MICHAEL MALLETT: V-2 Lot 105-1-C4 and V-2Lot 10S-3. Michael Mallett presented that plan to make a lot line adjustment. Currently Lot S-3 is a small lot adjacent to Route 16. The proposal is to combine this lot with Common Open Space A and remove .44 acres from Common Open Space B and add that acreage to V-2 Lot 105-1-C4 owned by Michael Mallett. Bob Dupuis read the check list. After a brief discussion, Ira Lynn made the motion to accept the application and Brooks seconded the motion which passed unanimously. Brooks made the motion to approve the lot line adjustment; Ira seconded the motion and it was passed unanimously.
PAUL KING REPRESENTING JOHN & JULIE ALICHWER: Paul reported that they have met with approximately 30 owners from the Eagle Mount House Association and those people seemed to be favorable to the plans. They were please with the low density. John is anxious to move on with the development and Dick stated that he appreciates his need to move on but we need to move at our own pace and we still have issues. He also mentioned that mistakes from the past could not be used as a precedence. Dick read a letter from Sandrine Thibeault, the Community Planner at the North Country Council. At the present time, the proposed cluster subdivision does not meet our ordinance requirements. Dick feels there is still an issue with the right of way. The one house that exists would have to be considered as one structure. At the last
meeting, we had asked Paul to check with the State on the sight line. He said that he had checked about the overall process but had not addressed the issue of sight line in particular. The board would like to have some input from the State on this as we have questions on this and feel the state may also. Bill Kelley asked John how he plans to comply with the 200-foot requirement for the development without a paper cul-de-sac. Paul stated a 50-foot road would be built up to the point of the cul-de-sac and then continue to a driveway. Paul asked if the entire 200-foot diameter of the cul-de-sac had to be constructed and paved. John objected to having a large paved “landing pad” area on the land. Bill felt that some sort of turnaround was needed for perhaps school busses or emergency vehicles. Sarah mentioned that Eagle Brook has a hammerhead that is working well. John stated that he is leaving 70 percent of his land undeveloped with strict covenants on what is to be built
on this land. Paul feels that we are trying to compare the cul-de-sac issue with another development. Betsey explained that we are trying to consistent with our cul-de-sac issues and that is why we sought advice from the North Country Council. Betsey feels that adding additional traffic to the Eagle Mountain House parking lot is a serious safety issue and would not support this. We still have two major issues; the first being the line of sight which the State may have some input and the second being the displacement of parking spaces at the Eagle Mountain House parking lot. Paul will have to present a plan for the parking spaces and the driveway. They will return to our meeting next month.
OTHER BUSINESS: Scott reported that we have a complaint from a concerned citizen about the color of the paint on the Verizon that has been constructed. The tower is now white. Our records show that the tower was to be camouflage. The selectmen have contacted Verizon on this and has not heard back. If he does not hear soon, a letter will be written.
We need to schedule an additional meeting in January because of the workload. We will meet on January 7 at 7 PM for a hearing on the ordinance word changes to comply with Municipal Association regulations. Notices will have to be prepared and posted before December 28. The Jackson Water Precinct will be presenting their plans for the Overlay District regarding the Watershed Area at this time. The wordings for all changes are to be presented at this hearing. If any changes are needed, a second hearing will be held. Scott would like to state that he is not in favor of the additional Village District Ordinance as it may be a duplication of the ordinance already submitted by the North Country Council for the Water Precinct and may cause two conflicting ordinances on record. The regular meeting will be held
on January 9 at 7:15 PM to discuss requests received to be on the agenda.
Joyce Allan reported for the Ridgeline Development Committee. She presented a new 4-page proposal. Dick asked if everyone had read this proposal. Earlier Doug Garland presented the Bartlett version of their Ridgeline ordinance. This new proposal is basically worded from the Bartlett ordinance with a few changes to conform to Jackson’s ordinances. Dick asked about handling of Lots of Record. She explained that this is covered on Page 3, Article 3. Joyce has heard that this proposal is to prevent development which is not the intent or purpose. It is to make development as low impact as possible and allow for trees and vegetation to screen such development.
Environment is also an important issue. We need to minimize erosion and drainage problems that we now have. There was a question about the 1400-foot level. There has to be a point to start so this is the benchmark. This is going to be an enforcement issue. Scott feels this proposal is much more in line with our existing ordinances and more enforceable. His major concern is whether the purpose of the ordinance is to stifle open space or to just stop the esthetic view of looking at homes. If the point of this ordinance is to keep from looking at homes on the mountainsides, why is it mentioned in several places, especially in the final paragraph of the intent and purpose section, the phrase “maintain the appearance of natural unbroken forest cover”? Betsy felt that some words could be changed to
reflect natural landscape. It was decided to eliminate C-3 as being redundant. In section D-3 we would like to add “to the extent possible” to the end of the last sentence. Dick asked for public comment. Wallace Pimental felt that this is a little more palatable than the last but still feels the board should not support it. He has a question about what season of the year are we making this judgment. Dick Badger feels that this a good effort but he is concerned with the time frame. There are many issues to be addressed and this should not be rushed into. He feels open land is just as important as woodland. Historically Jackson of 100 years ago was 85% pasture and now we are 85% forest.
He feels we should have a fair ordinance and not infringe on property owner’s rights. Mary Burack says that this has been worked on since the April meeting. She feels that it is not too soon to present it to the town and let the voters make a choice. Kevin Killourie wanted to know if property owners heard about this would it create a rush on clear cutting. Betsy replied that this would have to be presented to the planning board before any clear cutting could be done. Dick would like a consensus of the board members on this issue as it is written. Sarah, Betsey, Stephen and Dick feel this should be brought to the public hearing. Brooks, Ira, Bill and Scott feel that it is too early and more work needs to be done. It is too late for the committee to present a petition article. Dick feels it needs to be
brought to the public for discussion. Sarah feels we should individually read this and come prepared to make revisions at the January 7 meeting. Dick Badger asked if all the taxpayers could have a mailing of the proposal. We have no budget to cover the printing and postage involved. Bill suggested that a statement be made that the Planning Board is presenting this as requested by a committee of citizens to get public input. Betsey suggested that when she gets this in a final form that she send it out to those who have e-mail and put it on the e-news. Bill and Dick feel we should get word to Rich Johnson to put an article in the paper about this important meeting. Dick feels that if this revised report is done then board members could come to the town office and pick up a copy. The Planning Board does not stamp our approval on this proposal at this time but will bring it forward for a public hearing.
Betsey reported on the proposals for zoning ordinance revisions. Three are pages involved. The first proposal starts with Section 2. These are suggestions involving discussions from various meetings. Section 2 Article B needs the phrase [and Structures] added to the heading. On Definition 3, it was decided to change the wording yet again. The board decided that it should now be HEIGHT, BUILDING OR STRUCTURE means the height of all new buildings or structures and all alterations and/or enlargements of buildings or structures shall be limited to a height of 35 feet that is parallel to the natural ground surface that exists as of Mar. 11, 2003 [see illustration]. Section 4 is accepted as written. Section 5 is accepted as presented by the Zoning Board recommendations.
On the Village District proposal by the Route 16 committee, Bill Kelley asked if he should not comment as he lives in the district being discussed. Dick feels that he has a right to express his opinion. Bill is adamantly opposed to this ordinance. He feels that the proposal from the Water Precinct would accomplish many of the objectives of this ordinance. This is the only possible development area in town and we already have strict requirements for commercial development. Scott feels that is not wise to do this. The Water Precinct has paid the North Country Council to help us to draft an ordinance for the Jackson Water Precinct Watershed Protection Overlay that is addressing the same issues on the same area. We have had the luxury of having the North Country Council check over our existing ordinances for consistencies or
inconsistencies. We do not need two ordinances at the same time. If both these ordinances are voted in and they conflict there would be considerable problems. Scott would like this ordinance be held until next year and be presented again if there are issues that are missed in the Water Precinct ordinance. It was decided to bring this up at the public hearing for further discussion.
Scott reported that Jackson would soon be advertising for two positions —one for the residential code enforcer and one for commercial properties. Shawn Bergeron has had input into the requirements.
Brooks made a motion to adjourn. This was seconded by Ira and voted unanimously. The meeting was adjourned at 10:50 PM.
Recorded by:
Susan G. Way,
Secretary to the Planning Board
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