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  The Town of Jackson, NH
Planning Board Minutes -- 06/12/03
UNOFFICIAL UNTIL APPROVED

June 12, 2003

Members present: Richard Bennett, Brooks Dodge, Betsey Harding, Willis Kelley, Sarah Kimball and Stephen Weeder. Alternate present was Bob Dupuis. Ira Lynn had stated his need to miss the meeting for health reasons.

Others: Mary Burack, Helene Matesky, David Matesky, Warren Schomaker, Scott Woodman, Christine Woodman, Michael Gurnick, Bea Davis, Bob Davis, Dave Mason, Jeanne Mason, Rosemary Good, Ed Good, Phil Davies, Dee McClave, Peter Benson, Melissa Grady White, Sam Harding, Bob Scolamiero, Suzanne Scolamiero, Lynn Stevens, Al Stevens, Dexter Harding, Dick Badger, and Angus Badger.

Chairman Betsey Harding called the regular meeting of the Planning Board to order at 7:10 p.m. The minutes of the May 8, 2003, meeting were read. No one had any corrections or additions to make. Sarah Kimball made the motion to accept the minutes as written. This was seconded by Bill Kelley and passed unanimously.

  1. PUBLIC INPUT: No one had any comments. Betsey Harding announced a change in the agenda. It was listed that the sign ordinance discussion would be first. In the interest of not making everyone wait if they were not interested in this discussion, it was decided to proceed with the Public Hearing of the Master Plan.

  2. PUBLIC HEARING ON THE MASTER PLAN: Betsey Harding explained that the document being discussed tonight has been in process for over three years. The State of New Hampshire requires inclusion of two sections in a Master Plan (RSA 674.2): a vision statement and a land use statement. The proposed first 11 pages contain these two sections. Pages 12 through 49 contain the background and statistics used to develop the Master Plan. Tonight’s focus will be on the first 11 pages. The Planning Board would greatly appreciate any comments and suggestions on this document. There was discussion on how to approach the discussion—should we go section by section or cover individual questions. It was agreed to proceed by taking individual questions.

     The following are questions and comments brought before the hearing.

     Dee McClave asked if this was going to be voted on tonight. Betsey Harding replied that it probably would not be accepted tonight unless there is lots for support shown for it tonight. Changes and additions are likely.

     Helene Matesky asked if there was need for professional and legal advice. Sarah Kimball reported that the North Country Council, our regional planning agency, has reviewed this and made a few suggestions but overall felt that it satisfactorily meets RSA requirements.

     Dee McClave stated that she and Ross Heald noticed that "ordinances" and "regulations" seemed to be used interchangeably. Sarah Kimball replied that "ordinance" was used to designate an existing ordinance and "regulations" are not necessarily ordinances.

     Peter Benson had some comments. In the section headed "Natural Resources Goal" consider changing the word "Preserve" to "Conserve." In the second policy under this section, he also questions what determines the value of a natural area. He seeks a mini-master plan within the village district that could identify uses for town-owned buildings and spaces. Dick Bennett asked if he felt there should be an overlay district. Peter Benson had questions about high speed internet access in town. For a good economy in the valley, many people would like to see an increase in this service. Dick Bennett said it is the long-term goal of Adelphia to be able to do this. Overall Peter Benson feels the document is excellent.

     Helene Matesky asked if there was a time frame to get this Master Plan in place, in view of the rapid changes occurring in the valley. Betsey Harding explained that development of a master plan must be approached methodically and sometimes this is a slow process. Dick Bennett replied that the Master Plan has to be in place before changes in ordinances and enforcement is possible. Bill Kelley pointed out that the Planning Board cannot just change an ordinance. It has to be voted on at the Town Meeting.

     Dick Badger wanted to know if the Master Plan could be brought up and voted on at Town Meeting. Betsey replied that this procedure would not be as required by State Law. The Master Plan is not a regulatory document. Dick Badger noted that there is nothing in this plan to protect private property owner’s rights. Betsey Harding asked where this should be included. Dick feels that this may have to have its own section under regulatory goals. He would also see the issue of visual blight of power lines, etc., be addressed; these are getting totally out of control. Dick Badger would also like the issue of objective screening of views all over—not just on the hillsides. There is no mention of fields as part of views.

     Dee McClave asked who is to determine where a scenic vista is. Betsey it would have to be done by a group. The last Master Plan stated that we should determine where the scenic vistas are so we reworded and included this same goal. Dee wanted to know plans to work with owners to reduce non-conforming use. Betsey stated that this is more than just a local issue; State laws seek to decrease instances of non-conformity. Bill Kelley felt that this would be an infringement of private rights if this was true; we can suggest and encourage owners to conform if the opportunity arises.

     David Matesky wanted to comment on bringing this document to Town Meeting. He feels that prompt action is needed to get this Master Plan into effect so that any ordinance work could get started as soon as possible.

     David Mason stated that during the controversy with the Snowflake Inn he felt that some type of state regulations regarding non-conformity was discussed. He feels that this is a good working document. We shouldn’t pick too many nits at this time.

     Bea Davis asked if every taxpayer could have a final copy of this document. Betsey replied that the first 11 pages would be widely available upon completion. We may have some maps added to these pages. The background information would not have as many copies printed but may be available at the library or another public place to be read.

     Bob Davis feels we already have a lot of these statements in the last Master Plan. Betsey Harding explained that we carefully reviewed the 1988 plan and updated it with data collected by the Planning Board. His concern is that many septic systems are being constructed without the necessary soil density requirements. Septic systems are now being regulated by the State of New Hampshire and they are responsible for the permits.

     Dee McClave asked about the soils list update. It has been three years since the State had promised this. Sarah Kimball says that as of now the State still hasn’t provided the information but she feels that there is new emphasis on getting an update. Since the original report was promised, there have been many staff changes on the State level.

     Dick Badger would like to comment on non-conforming use. If the objective to eliminate non-conforming use is the goal, this was worked on several years ago. The regulations agreed on at that time limited gas stations and fast food establishments. Now we have only one gas station in town and if that closes we will have no more. He cautions against too much emphasis on regulating non-conforming use.

     Dee McClave questioned the 8th objective under the Village Character Goal section requiring Planning Board review of multi-unit and commercial structures to ensure that the development will comply with all regulations and will not have adverse impacts on the town. Dee McClave feels that this is site plan review. Bill Kelley questions if this needs to be in here at all. Dick Badger feels that this refers to a commercial district, and that that goal could be broken into parts: village and rural.

     Dee McClave wants to change the first objective on the second page of regulatory goals. Betsey Harding suggested that the sentence should end after the word "selectmen".

     David Mason wants the Master Plan to include desirable goals, such as site plan review, even if they have been rejected in the past. Some towns that have rejected site plan review brought it back for a re-vote and then it passed.

     Mary Burack reported that site plan review had been rejected once or twice in the l980’s, and that much as changed since then; today’s voters may favor it.

     Dick Badger stated that site plan review is not going to block anything. It will not stop something you don’t like. What we need are reasonable regulations.

     Christine Woodman would like the issue of noise pollution addressed. Bob Dupuis reported some towns handle this with time limits. Some towns regulate by decibel levels. This can be a tough issue to enforce. Jeanne Mason mentioned that a noise problem could exist if a race track such as the one being proposed in Tamworth should ever be proposed.

     Ed Good praised the group for this document. He asked how it gets amended. Betsey Harding explained that State regulations suggest that Master Plans get updated every 5 to 10 years. Sarah Kimball says that we have been working for the last 3 years on this now. Betsey reported that Sarah Kimball has all this on her computer and has been working relentlessly on this, urging Board members to turn in necessary material.

     Dee McClave reported the "911 Maps" are displayed on the easel by the door. A similar update is needed on page 3, reflecting the fact that participation in the Volunteer River Assessment Program starts this week.

     Dee McClave asked about a section concerning private roads, under Municipal Services—Highway Department. Sarah clarified that developers do have to build to town specifications if they might ever want a private road to become a town road.

     Sam Harding wondered if there is a requirement to build roads to be accessible by emergency vehicles. Dee McClave commented that Class 6 roads do not have to be accessible. If a new owner builds on this road, they have to sign a waiver to get a building permit. Dick Badger says new property owners should have accessibility addressed in the deed.

     Dee McClave reported that under Human Services Goal the first objective should omit residential. The State Law only covers commercial buildings. David Mason doesn’t feel that it is a bad thing to include residential. It may be an enforcement issue but it could certainly be included as a goal in the Master Plan. Dick Badger feels that we already have requirements because plumbers and electricians have to be licensed and they adhere to basic codes so individual residences don’t have to be inspected.

     Dee McClave stated that in the Fire Department section, the second objective says to maintain dry hydrants. Dee suggests that phrase be dropped, feeling that the Fire Department dislikes dry hydrants because they get clogged up. Bill Kelley reports that they need something called maintenance, and that nothing can readily substitute for them.

     Dick Badger has a comment on the water precinct policies. Should we be using surface water for the source? Why weren’t wells drilled instead? We should consider alternate sources of water, ones that don’t require an ordinance to keep the water safe and pure.

     Dee McClave has a comment on Human Services. She feels that on the second objective under adequate medical and social services should include the words "through warrant articles" at the end of the sentence.

     Dee McClave brought in a question from Ross Heald. He would like an explanation of the sixth objective under recreational opportunities. Betsey Harding explained that the thought was to permit such things as outhouses at suitable locations along a cross-country ski trail.

     Angus Badger commented on the last article on page 9 regarding affordable housing. He feels we need to add a comment on paying a livable wage to government workers. Betsey Harding commented that, though that issue is a concern, the Master Plan may not be the place to state it.

     There being no further comments the public hearing was adjourned at 8:25 PM. Betsey Harding called for a 5-minute recess before proceeding with the remainder of the agenda.

  3. FURTHER DISCUSSION ON MASTER PLAN: Brooks Dodge commented that Sarah Kimball should proceed with preparing the final copy. Sarah Kimball asked for the names of people who helped Planning Board members to gather their information. This list will include Dick Badger, Bob Kantack, Ken Crowther, Dee McClave, John Kelly, Dick Devellian, Sam Harding, Tim Kelly and Thom Perkins. Sarah will prepare the final draft, which will then be duplicated for circulation in the Library and for posting in other public places.

  1. SIGN ORDINANCE: Dick Bennett asked that we discuss the issue of signs. He is seeing "creeping signage". The current sign ordinance is not being enforced as he interprets it. At the present time, the ordinance states that a property can have 32-square feet of signage. Does that mean only one 32-square feet per property, even if there are several stores on the property? The Planning Board agreed that this is the intent of ordinance, and that it should be enforced as it stands. If there is multi-use of the property then the tenants would have to agree on the proportion of the sign that each business can use for its display. The Planning Board felt that the minutes will adequately reflect the intent, and that rewriting of the ordinance is not necessary at this time.

  2. OTHER BUSINESS: Because the town needs to use the meeting room on July 10, it was decided that we would not meet in July unless something major comes up. In that event, Susan Way will work with Stephen Weeder to select a different meeting place or date. Betsey Harding will be unable to attend a meeting on July 10.

Betsey Harding reported that a Planning & Zoning Conference will be held in Plymouth on Saturday, October 25.

Bill Kelley made a motion to adjourn. This was seconded by Dick Bennett and voted unanimously. The meeting was adjourned at 9:20 PM.

Recorded by:

Susan G. Way,

Secretary to the Planning Board





 

Jackson Town Offices: 54 Main Street, Jackson, NH 03846
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