Jackson Planning Board
PO Box 252, Jackson, NH
MINUTES – November 12, 2009– REGULAR MEETING – (UNOFFICIAL UNTIL APPROVED)
Chairman Betsey Harding called the meeting of the Jackson Planning Board to order at 7:00 p.m.
Susan Way read the roll call. Members present were Scott Badger, Betsey Harding and David Mason. Ian Hayes, Darren Levitt, Michael Mallett and Larry Seibert were the alternates attending. Ray Abbott had notified the Board that he was unable to attend this meeting. No one was in the audience.
The minutes of the October 8th meeting were reviewed. David Mason made a motion to accept the minutes as written; Scott Badger seconded the motion and all voted favorably. The minutes of the October 22 Work session were reviewed. Scott Badger made a motion to accept the minutes as written; Betsey Harding seconded the motion and all voted favorably.
ITEMS NOT INCLUDED IN THE AGENDA: There were none.
Chairman Betsey Harding reported that the continuation of the Davises’ Boundary Line Adjustment would not be heard until December.
Chairman Harding had distributed by email copies of Zoning Ordinance proposals as reviewed at the October 22 Work session; she asked for a sense of members’ opinions on proposing new ordinances, remembering that some voters have commented that we do not need more ordinances. Members agreed that it is important to focus on preparing draft ordinances in a timely manner to allow for enough hearings and discussions. The wording needs to be completed for public notice by January 7 in order to present it for town meeting deadlines.
David Mason expressed need for clarification of some issues: the building inspector questioned the cell tower ordinance section 13.6.3.3, about an “overlay zone” (the town never set an overlay zone), and some question the lack of any specific requirements on density and buffers in the Cluster regulations (Section 8 of the Zoning Ordinance).
The following are numbered in accordance with the proposals drafted for discussion:
1. CLARIFICATION OF SECTION 2.2.3: This change of wording is recommended by the ZBA after 2 recent hearings. There was a brief discussion. David Mason made a motion to accept the wording as recommended by the Zoning Board of Adjustment. Scott Badger seconded the motion and all voted favorably.
2. AFFORDABLE WORKFORCE HOUSING--As recommended by Town Counsel in response to RSAs stating that every municipality has an obligation to provide opportunities for creation of workforce housing.
Board members had asked what other towns are doing. In Carroll County, Planning Boards in Jackson and Madison are reviewing options and wording; Bartlett and Conway have no plans; in discussion with their planning people, sentiment was expressed that both towns have enough land to not need incentives. Jackson’s available and buildable land is far more limited, and likely more expensive. Chairman Harding asked if the members would like to bring this forward. Scott Badger asked Mike Mallett if there were enough incentives in the ordinance. Mike replied that the cost of constructing a road to town specifications rather than a driveway may be the biggest drawback. Changing the road width limits could be an strong incentive. Betsey Harding proposed to change the wording to allow the Planning Board to waive some town
requirements. Burr Phillips will be consulted.
Mike Mallett stated that if apartments were going to be constructed then the height requirement could be limiting; the current 35-foot limit allows a 2-story house. David Mason stated that the 35-foot limit was recommended by the fire department. The current proposed incentives are density and road frontage changes. To achieve a higher density, the town would permit use of State septic requirements. Ian Hayes commented that some control over the design of the building would be important, to ensure that a large, ugly building would not be constructed. However, Jackson has no Site Plan Review, so the town would have no control over this. Potentially, the free market and high land cost would contribute positively to control of design. The following were discussed: Under the Authority and Purpose section - eliminate paragraph c.
Regarding control on number of units created (xx7), this was agreeable to all. Chairman Harding asked for opinions on bringing this forward. All favored.
3. SMALL WIND ENERGY SYSTEMS
Regarding Small Wind Energy Systems (SWES), the RSAs do not set restrictions on an applicant wishing to install them, just on the town’s ability to restrict them. For example, the town cannot apply its generic height restriction to wind turbines, just as it cannot for cell towers, and the town cannot forbid wind turbines. Betsey stated that, at the 4 subcommittee meetings on SWES, opinions were divided: at 2 meetings having an ordinance was favored, and at 2 no ordinances were wanted. Scott commented that there probably won’t be a surge of interest in wind energy systems because of high costs for low benefit. Members concluded that there may not be sufficient demand to warrant bringing this forward. Betsey Harding commented that while we do not want to needlessly bring forward proposals, some voters will want
the option of voting yes or no on proposals.
4. HISTORIC STRUCTURES
In the review of our current Flood Plain ordinance, Betsey realized that we do not have a definition for “historic structures” though the wording is part of the ordinance. It was decided to include all of the suggestions and add the word “or” between the choices. Other sections of our Flood Plain Ordinance seem consistent with newer proposals and current Federal requirements.
5. ZONING BOARD OF ADJUSTMENT APPEALS
It was decided to bring this forward as worded; frequent changes in RSAs and new court decisions have required use of different procedures, forcing equally frequent changes of our wording. With this change our ordinance will remain current.
Larry Seibert questioned the minutes of the October 22 work session which mentioned that a change was necessary to Section 15, regarding Building Permits, but no such change was listed on the proposals to be discussed at this meeting. He disagrees with proposing a short statement giving authority to the Board of Selectmen. Betsey stated that she had intended to include this item in the list of proposals for the meeting. Larry stated his view that the Board of Selectmen was never given this authority by a Town Meeting vote as is required by the RSA’s. Dave Mason commented that the Board of Selectmen do have this right, on the advice of Town Counsel. David Mason, Mike Mallett and Ian Hayes had to leave the meeting early. Chairman Harding asked if Larry Seibert could work with Bartlett to get an understanding of how their
system works, for discussion at the next meeting. He agreed to do that
Chairman Harding asked if we needed another workshop to work on wording. Scott Badger commented that we could do this at the December 7 meeting, still giving time for at least two public hearings. Chairman Harding adjourned the meeting at 9:30 pm.
Respectfully submitted,
Susan G. Way, Secretary
November 17, 2009
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