ZONING BOARD OF ADJUSTMENT
TOWN HALL, 85 MAIN STREET
PITTSFIELD, NH 03263
MINUTES OF PUBLIC HEARING

DATE: THURSDAY, APRIL 11, 2013

ITEM 1. Call to Order at 7:21 P.M. by Carole Dodge, Chairman

ITEM 2. Roll Call

Members Present:

Carole Dodge (CD), Chairman, Paul Sherwood (PS), Vice-Chairman, Paul Metcalf, Sr. (PM),John (Pat) Heffernan (PH), Romeo Dubreuil (RD), and Delores Fritz, Recording Secretary.

Members Absent:

Christopher Smith (CS), Alternate and Carole Dodge – arrival at 7:51 P.M.

Paul Sherwood (PS) will Chair meeting tonight.

ITEM 3. Approval of Minutes of March 14, 2013

(RD) Motion to approve Minutes of March 14, 2013. (PM) Second.
Carried 3-0. (PH) Abstain

ITEM 4. WORK SESSION
a. Approval of Junk Yard Certificate of Approval

(PS) What we have for business tonight is the approval of the Junk Yard Certificate of Approval (and Certification of Compliance) form. Board members have in their folders a copy of the proposed form. (See attached.)

Jesse Pacheco, BI: We need to have it done to get the Junk Yard Licenses approved.

(PS) As you will note on the form Section 3: Materials to be submitted with application

2. A Site Plan of the proposed/existing facility by reference to the permanent property boundaries; showing the areas of property where items are to be stored, noting the distance from the facility to the highway(s), and also showing the location of proposed/existing fencing and fencing specifications.

(PS) Has an application been filed? (PS) No, the Town of Pittsfield does not have a form for Certificate of Approval for junkyards. This proposed application covers everything. Does anyone see anything that should be added?

(RD) I have a couple of questions in regard to delineating the actual boundaries and understanding that, shouldn’t this be part and parcel of that?

Jesse Pacheco: We have two junkyards out there that have never been through the process of applying for a Certificate of Approval. The boundaries were established with the “grandfather” issue. You are looking for just the space where the junkyard would be kept. (RD) I am not quite sure how boundaries are defined. Under the “grandfather” clause, is the Town going to be defining inside boundaries?

Jesse Pacheco: The Clattenberg and Richardson Junk Yards have never had this done. The specific area has not been marked which was before Zoning Ordinances and the junk yards were already delineated. (RD) The application does not say anything about boundaries. (PS) It does in
Section 3. Jesse Pacheco: We are not looking to have a surveyor come in, which would happen if anyone “new” comes in to start a junk yard.

(PS) They have to indicate where the boundaries are for the junk yard area. (RD) Assuming all their properties have been surveyed? (PS) We could ask for GPS coordinates which are not as accurate as a survey but accurate enough. (RD) We would be using the tax map to define boundaries but tax maps are known to be off by acres. (PS) We can ask them to put corner markers or use GPS coordinates which do not cost an exorbitant amount of money. (RD) Are we defining the property or defining the junk yard?
(PS) Just the junk yard. A new applicant would have to have the property surveyed and use specific setbacks. (RD) So they would come in with a plot plan and indicate that the junk yard is “here.” Jesse Pacheco: They have been working in the same location all these years and now we are asking them where the boundaries are. (PH) It is not right. They have been in business for years and there would be no point in running them through a “ringer” for no reason. (PS) What if they start pushing the boundaries? (PH) Why are we sticking “our nose in” on this? Jesse Pacheco: It is part of the State requirement. In the future these will be the standards. (PS) We have three junk yards in Town and one is in compliance. Two are “grandfathered” but have never held a Certificate of Approval. (RD) It does ask for it in the Statutes (RSA 236.15), (PS) Yes, and the description of the land is to be included. (RD) Do they have to be permanent boundary lines?
(PS) Only what is required under Section 3. (RD) They can use a tape measure and a tax map as a so-called permanent boundary. They can pace it off if they want to. Jesse Pacheco: It is a State regulation; what we do not want to do is for the State to deny the junk yard license. (PH) Section 3 describes it fairly well.

Carole Dodge (CD) arrived at 7:51 P.M.

Board described to (CD) what they were discussing. (CD) explained the process by which Jim Snedeker was granted the Certificate of Approval.

(CD) This proposed form is a template that we are being asked to approve for the two “grandfathered” junk yards in Town and for any new applicant. This should have been done originally and it has been “run past the attorney” (Atty. Whitelaw).

(PS) Any other input? The word OTHER can be the third category on Section 2. (RD) So junk yards are going to cease to exist unless the business is handed off to a child? (PS)Yes, pretty much. (PM) If they want to change the boundaries, they would have to come before this Board. (CD) This will offer a paper trail for the business. We can send this to them, process it and then BOS can sign off on it.

(CD) Motion to approve Zoning Board of Adjustment Application for a Junk Yard Certificate of Approval form to be sent to existing junk yard owners as well as application for new applicants.
(PH) Second. Carried 5-0.

b. Other

(CD) There is an upcoming conference for all Board members on May 4th which will be distributed soon.

Jesse Pacheco: Just to let the Board know, each applicant gets a Certificate of Zoning Compliance (see attached) so that the individual knows what they need to do and what Board they would need to apply for. They all come to see the Building Department first and then are issued the Certification of Zoning Compliance and what they need to do. This makes it easier for the applicant.

ITEM 7. Public Input

Larry Konopka: The Zoning Board is doing a good job and anything the Board of Selectmen can do to help, please let us know.

ITEM 6. Members Concerns

(CD) When we were reviewing the Rules of Procedure a couple of meetings ago, we amended VIII ORDER OF BUSINESS but did not vote on it.

(PS) Under sub-heading VIII. ORDER OF BUSINESS should read:

The order of business for a regular meeting shall be as follows:

1. Roll Call and confirmation of a quorum.
2. Minutes of the previous meeting.
3. Public Hearings on appeals to the Board
4. Deliberations of the Board and disposition of appeals under
consideration.
5. Other Business.

(RD) Motion to approve change (as noted above) in Rules of Procedure VIII Order of Business. (PH) Second. Carried 5-0.

ITEM 8. ADJOURNMENT

(CD) Motion to adjourn. (PH) Second. Carried 5-0.

Meeting adjourned at 8:15 P.M.

Approved: May 23, 2013

__________________________ ____________________
Paul Sherwood, Vice-Chairman Date

I hereby certify that these Minutes were recorded by me on April 11, 2013, transcribed and public posted on April 17, 2013.

________________________________________
Delores A. Fritz, Recording Secretary

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