A proposed change to Jaffrey’s land use ordinance would change the way people can use properties located in more than one zoning district.
Currently, when a property straddles two or more different zoning districts, the more restrictive zoning applies.
The proposed change, however, would allow a property owner to use the portions of the property in one zoning district for the uses allowed in that district.
Similarly, if a portion of the property is in an overlay district, the restrictions of the overlay will only apply to the portion of the property it touches.
Several residents who attended Jaffrey’s Zoning Amendment hearing on Monday gave feedback on the proposed amendment, but only to discuss the wording of the article, which those present found confusing, rather than the content. The Planning Board agreed to make changes to the language to make it easier to follow, without changing the intent.
Another change proposed to the code would officially give the Select Board authority to appoint alternates to both the Zoning and Planning Board, and lays out the circumstances an alternate would gain the right to deliberate and vote on a case before the board.
Though both boards have regularly made use of alternate members to sit on cases where a board member couldn’t attend, or had to recuse themselves, the town recently discovered it had never officially received the authority from the voting public to appoint these members. Searches of town records did not find any vote taken to give that authority to the Select Board.
According to Jo Anne Carr, the head of Jaffrey’s Economic Development Council, the town first learned of the issue this summer, and has not used alternates since. The town has consulted with the state’s Attorney General and was told cases where alternates voted prior to the town learning of the issue would still stand.
In another zoning change, the town is expected to vote whether to adopt a provision into the ordinance to allow any variances granted prior to Aug. 19, 2013, which haven’t yet been acted upon, to expire on March 2022, or two years after ballot voting. This is now state law, and Jaffrey would be making it explicit by adopting the ordinance.
Also by state law, any variance granted after August 2013 expires after two years if developers don’t act on it. The Planning Board can extend that deadline if they find good cause to do so.
There are several other amendments proposed this year, including adding new definitions, updating language and reorganization of certain sections of the ordinance, but they do not impact land use.
Voters will vote on all zoning issues at the ballot on March 10, held from 7 a.m. to 7 p.m. at Conant High School.