Amended Minutes
Members present: Richard Bennett, Betsey Harding, Bill Kelley, Sarah Kimball and Ira Lynn. Alternates attending were John Fichera and Bob Dupuis. Steven Weeder was unable to attend.
Others attending: Gleb Grigorovich-Barsky, Rosemary Grigorovich-Barsky, David Matesky, Helene Matesky, Kurt Kramp, Lana Yaceshyn, Donna Schiegoleit, Joan Palubniak, Paul Palubniak, Walter Yacheshyn, Dee McClave, Gino Funicella, Sarah Clemons, Bea Davis, Bob Davis, George Howard, Warren Shomaker, Leslie Schomaker, Bob Kantack, Anne Kantack, David Urey, Rick Wickson, Steven Cheney, Wayne D. Peterson, Melina Miller, Mary Burack, Nancy Porath, Dean Davis, Mary Howe, Dan Dinsmore, Phil Davies, Henry Harmon, Carolsue Harmon, Joyce Allan, Wally Pimental, Lisa MacAllister, Ed Good, and Bob Tafuto of Ammonoosuc Surveys.
Chairman Betsey Harding called the Public Hearings and regular meeting of the Jackson Planning Board to order at 7:00 p.m. A motion was made by Bill Kelley to accept the minutes of the October 9 meeting. This motion was seconded by Ira Lynn and passed unanimously. The minutes of the October 23 work sessions were reviewed. Sarah Kimball made the motion to approve the minutes as read; Bill Kelley seconded the motion and this passed unanimously.
1. PUBLIC INPUT: Chairman Harding asked if anyone had comments on issues other than those posted in the agenda. Ed Good represented the Rt. 16 committee that resulted from the Community Profile meeting. At the hearing last spring that group withdrew its ordinance in favor of the one being presented by the Jackson Water Precinct. This committee remains very interested in fulfilling their charge.
There were no other comments.
2. PUBLIC HEARING ON PROPOSED AMENDMENTS TO ZONING ORDINANCES
Chairman Harding mentioned that Section 3: Definitions would only be put in effect if Section 4 is passed.
Section 4: Districts and District Regulations
A. Town-wide regulations
1. AIRCRAFT
Betsey Harding asked if there were any comments from members of the Planning Board regarding this regulation before we open the discussion to the public. Dick Bennett felt that we should check out the definition of aircraft more thoroughly especially regarding ultralights. He was given the FAA definition of aircraft which states that aircraft means a device that is used or intended for flight. Betsey Harding asked if we wanted to add weight restrictions, to be all inclusive or leave it as is. This will be discussed further at a later work session. Chairman Harding opened the discussion to the public.
Rick Wickson, who owns property at 11 North Hampshire Ridge and pilots a helicopter for Channel 9 News, presented the Planning Board with a letter and copies of his Airport Registration Certificate that was issued by the State of New Hampshire Department of Transportation Division of Aeronautics. He has been using this area for 18 years. Leslie Schomaker had questions about the language regarding take-off and landing, and about grandfathering of existing helipads. Betsey Harding stated that existing sites may be grandfathered; this would depend on court decisions. Dan Dinsmore owns a restored fixed wing aircraft that he has no intention of flying from his Dundee property as well as an ultralite which he does fly from his back field. He would be upset about not being able to fly it.
Steve Cheney presented the Board with copies of his New Hampshire Airport Site Certificate for Reed Heliport. Gleb Barsky asked Mr. Cheney about his licensed helipad. He replied that it is a federally licensed helipad authorized through the State of New Hampshire. There is a long application process that is regulated and approved by the FAA.
Lisa Macallister has a concern that the town attorney has a conflict of interest. Betsey Harding assured her that we would find another attorney if a conflict of interest is apparent and this has to go to court. We will have a legal opinion on the final draft to make sure of the wording. Wallace Pimental asked why the Planning Board is involved. Betsey Harding replied that some citizens expressed concern; planning board members discussed these concerns at the last work session and drafted this wording. One member that is not here tonight was quite concerned about the noise factor. There are a few ways to consider this—should be try to regulate the noise or routes where they can fly? The planning board is here to listen and get feedback. Mr. Pimental feels that helicopters are not objectionable.
Helene Matesky feels that helicopters landing in residential areas are objectionable. She says that she has been researching these issues and has a list of at least 8 different helicopter pilots and enthusiasts wanting landing privileges in the Mount Washington Valley. Because Bartlett, North Conway, Conway, and Hales Location prohibit helicopter landings she is concerned that Jackson will become the helicopter landing area for the entire valley. Betsey Harding reported that take-offs and landings are covered in the RSA’s as accessory uses to be permitted with a primary use unless specifically not permitted in the Zoning Ordinance. Paul Palubniak asked about Conway and Bartlett ordinances. Betsey Harding replied that Conway does not allow landings or take-offs and that Bartlett may restrict areas or not permit any
landings or take-offs. The Board will check ordinances of other municipalities. Dan Dinsmore reported that there were several landing strips and one registered helipad in Conway. The town of Bartlett had a landing area that was abused and was shut down.
Steve Cheney of Hales Locations has a helipad at Hales Location and in the Birch Hill are at Wylie Apt’s property. He is building a house on Switchback Road in Jackson at this time where there is a proposed helipad. If the house is built and he does come in with a helicopter it would probably be about 5 times a year. Mr. Cheney feels that a responsible professional pilot would take neighbors into consideration. Betsey Harding again pointed out that there needs to be principal use, such as a house, prior to establishing an accessory use. Mr. Cheney says that there is no permit at this time. Bill Kelley pointed out that the enforcement of this issue is not the planning board’s responsibility but that of the selectmen. Anne Kantack asked Mr. Cheney who gave him a permit to construct this helipad and he relied that he got
it from the Department of Transportation’s Division of Aeronautics. Helene Matesky asked that the Public Record reflect the Mr. Cheney is not the owner of the property on Switchback Road and that neither he, nor the owner of the property, Dave Abbott, has any currently approved helicopter landing area on Switchback Road. In addition, she pointed out that, as Mr. Cheney is not the owner of the property in Jackson, he has no landing rights in the town of Jackson.
Gleb Barsky says the proposed helipad on Switchback Road is 100 feet from his bedroom windows. When he purchased this property 5 years ago, he certainly didn’t expect to have this happen. Kurt Kramp feels that we should get some kind of regulations in the records. Dan Dinsmore agrees that aircraft can be a nuisance. He feels this ordinance is a ban. He would like to see regulation but not a total ban. Gino Funicella says that we have restrictions on sled dogs and snow machines. Perhaps we should have a zone protection around the center of the town.
Chairman Harding asked that the Public Session be closed to allow comments from the planning board members.
Dick Bennett would like to see this proposal presented to the town for a vote. Betsey Harding asked if we should add language regarding ultralights. Bill Kelley is concerned with the enforcement of this ordinance. Sarah Kimball asked if we should designate an area for this purpose only. The board would like to develop some regulations but perhaps less restrictive. Before we leave tonight, we will set a work session to work on wording for this regulation as well as any others that we work on tonight. Betsey Harding will search the Web for other ordinances before this session.
Section 15: Zoning Board of Adjustment
B. 4. Determine an Equitable Waiver of Dimensional Requirement:
This amendment was presented to the planning board by Kurt Kramp so that our zoning ordinances are up-to-date. The wording is nearly identical to RSA674-33-a, recently adopted by the State Legislature.
3. PUBLIC HEARING ON PROPOSED SUBDIVISION REGULATION AMENDMENTS
1. Section 6: Fees
Betsey Harding explained that the purpose of this amendment is to bring our fees in line with the costs for these procedures. Fee schedules of numerous New Hampshire towns were checked for comparison. There were no questions regarding this section.
Sections 7: Plat Submission Requirements
This is a housekeeping change to include the necessary Mylar copy that is required by the Registry of Deeds and to include the words “Flood Plain Boundaries as required by FEMA.
Section 9: Design Standards and Required Improvements, Private Roads.
This section is also a housekeeping change to make it consistent with what is required for subdivision applications.
Section 9:09 Flood Plain Land
Betsey Harding explained that this is another FEMA regulation. Mary Burack asked who does the inspections. Bill Kelley explained that the selectmen cover this enforcement. Dick Bennett says that the applicant is responsible to supply flood plain information at the time of permitting.
Section10: Lot Line Adjustment
This amendment is needed to make reference to the proper section.
There was no further discussion on these issues. Chairman Harding pointed out that Subdivision Regulation changes do not need to be presented to the town meeting. Bill Kelley made a motion to adopt the Subdivision Regulation Amendments in Sections 6, 7, 9 and 10 as proposed. Ira Lynn seconded this motion and this was passed unanimously.
4. CAPITAL IIMPROVEMENT PLAN:
Betsey Harding reported that Michael King of the North Country Council had called to say that because of the inclement weather he would not be able to attend tonight. Dick Bennett reported that the CIP is becoming essential. We need to get answers to this quickly especially at this time of the year with budget planning. He feels we need to get together with the department heads and the Gray’s Inn Committee. Lisa Macallister reported that the Gray’s Inn Committee is meeting in December and plans to make a presentation shortly thereafter to the selectmen. Sarah Kimball had served on a committee that prepared a full report about 5 years ago, and she feels that much of the material would still be relevant. Chairman Harding asked for volunteers to work on a Capital Improvement Committee. Bill Kelley, Sarah Kimball, Dick Bennett and
possibly John Fichera will meet on December 2 for a work session with Department heads; Dee McClave will participate as another Selectman; Dick will coordinate the meeting.
5. BACK-LOT DEVELOPMENT ISSUES:
Betsey Harding reported that RSA 674:41 could help us on this issue. We need to determine our goals; some towns permit back lot development only with preservation of adjacent lands, stonewalls, scenic vistas, etc. Mary Burack says that we should stay with the current regulations. A question was asked as the to the difference between a Class 5 and Class 6 roads. If a road is designated as Class 5 the town has a duty to maintain it; if designated a Class 6, there cannot be a subdivision. Bill Kelley feels that we should research the potential for back-lot developments and see if it is worth the time and effort. Sarah Kimball will look at the tax maps and present a report at the January meeting.
6. PROPOSED SUBDIVISION OF PARCEL V-6, LOT 31A2: ROBERT & BEATRICE DAVIS
Bob Tafuto of Ammonoosuc Surveys returned to represent the Davises. At the August meeting, the planning board had asked for the following: 1) correct the owner’s name, 2) establish with the administrative assistant a lot number for the newly created lot, 3) show the 50 foot width of the right of way on the drawing, and 4) indicate the correct E911 address. Betsey Harding had contacted Ammonoosuc Surveys to remind them of the need for a Wetlands Permit properly presented to and signed by the Town Clerk. As of November 13, the Town Clerk had not received a properly completed Wetlands Permit for this proposed subdivision. Upon review of the plans that Mr. Tafuto brought in, none of the other changes had been made either. Discussion ensued on how many houses were going to be accessed by the 50’ right-of-way; the two lots
created by this subdivision would use it for access. Dean Davis represented his brother Rick who also uses it, explaining that his brother uses two roadways to access his house; Board members indicated that his other access road means that he does not have to use the driveway under discussion. The board explained to Mr. Tafuto that only 2 houses are permitted access from any one driveway or private road; a third lot would have to have a different access. It was decided to continue this when all the proper paperwork is presented.
7. OTHER BUSINESS
The Planning Board decided to meet for another work session on November 20 at 7 pm. At this time we will work on wording for the Aircraft Ordinance. John Fichera recommended using a “positive” approach in ordinance wording. Betsey Harding will e-mail members to allow time to check schedules.
Dee McClave has a request from the Wentworth Condo Association regarding the building of additional structure(s) on their property. Three buildings approved in the 1994 subdivision were never constructed. This permit expired in 1999 and the land reverted to the Condo Association as common land. Boar members agreed that a new subdivision would be required and recommended that the Association obtain 100% owner permission to do so before applying.
Sarah Kimball has been monitoring the changes in the state recommendations on soil-based lot sizing for zoning. The town has been using minimum lot sizes based on HISS soil surveys since 1987. The New Hampshire Department of Environmental Services wants towns that use soils-based minimum lots size to use lot sizes based on the most up-to-date soils information, and has finally come out with a document that lists minimum lot sizes based on HISS categories as well as site specific soil standards. Sarah has the new chart and will draft an amendment to update our zoning ordinance based on the new soils information.
Bill Kelley pointed out that if we are trying to get changes done for the town meeting that we are running out of time to hold hearings and get articles submitted.
There being no further discussions, Bill Kelly made a motion to adjourn the meeting. Dick Bennett seconded the motion which passed unanimously.
Chairman Betsey Harding adjourned the meeting at 9:45 pm.
Respectfully submitted,
Susan G. Way,
Secretary to the Planning Board
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