Pittsfield Zoning Board

Pittsfield, NH 03263
Minutes of Public Meeting

August 12, 2004

Chairman Elliott called to the meeting to order at 7:02 pm.

Members in Attendance:
Roll Call was taken. Robert Elliott (RE), Chair, Susan Muenzinger (SM), Robert Lincoln (RL), Paul Metcalf (PM), Ed Vien (EV), were present. Alternate, Glenn Porter (GP) was absent.

Public Hearing: Application for Variance by Donald and Lisa Sorrentino to allow an In-law apartment in a Rural Zone at 48 Prescott Rd. (Tax Map R49-Lot 17H).

(RE) Explains procedure for presentation to applicants.

D. Sorrentino: We want to build a two-car garage with an in-law apartment upstairs for family only. We have spoken with the neighbors and they are supportive and have no problem with it. It will be an 850 sq. ft. apartment with one bedroom. It will not be visible to any neighbors.

(EV) Are you using the current septic or will there be a new one?

D. Sorrentino: It will be new and approved by the state.

H. Fitzgerald: Introduces letter of support from a Mrs. Huber who lives one lot away.

Closed to public 7:07 pm

Criteria:
A: No diminuation in value of surrounding properties will be suffered:

(SM) In application it states that it will not even be visible to others, so how would anyone even know it was there.

Due to property not being seen, Criteria A is met.

Vote: 5-0 passes.

B: Granting the variance would be of benefit to public interest:

No Comments

Vote: 5-0 Passes

C: Zoning restriction as it applies to the property interfering with the reasonable use of the property:

(SM) We have granted In-laws with garage apartments before.

H. Fitzgerald: Any changes they would have to come back before the Board.

D: No fair and substantial relationship exists between the general purposes of the zoning ordinance and the specific restriction of the property:

(SM) There is no interference because it is currently Rural/Residential and that has not changed.

Vote: 5-0 Passes

E: The variance would not injure the public or private rights of others:

(RE) The neighbor wrote a supportive letter.

Vote: 5-0 Passes

F: Granting the variance would permit substantial justice to be done:

(RL) It allows family to help each other.

Vote: 5-0 Passes

G: The proposed use is not contrary to the spirit of the ordinance:

(RL) It would be conditional on not renting it out.

D. Sorrentino: If it were ever sold it would be as an in-law apartment, not as something rental.

(RE) Those conditions would be placed.

(RL) Motion to grant Variance with condition previously stated.

(PM) Seconds motion.

(SM) If there is ever a change, you must come back before the Zoning Board.

Vote: 5-0 Variance granted
Approved-30 day waiting period

H. Fitzgerald: He has two years to build or the variance goes away.

Review of Minutes: June 10, 2004 and June 22, 2004
Request by (SM) to revise two items.

Request by Larry Federhen to include his letter and make reference to his comments and letter. It will be entered into record.

(SM) Motion to approve June 10 minutes as corrected.

(RL) Seconds motion.

(RE) Federhen letter entered into record. Corrections noted.

(SM) Addressing Jeremy Lamson: Did you use Anne’s notes?

(JL) Yes, and from memory.

(SM) I have some corrections. I will do a sheet. We can reference the Federhen’s letter in minutes and also some stuff Greenlaw brought in.

(JL) They could be put in folder behind minutes.

H. Fitzgerald: Everything is in the file.

L. Federhen: I want it cross-referenced in the minutes.

H. Fitzgerald: We can attach his letter to the minutes to keep it chronologically correct.

Building Inspector’s Report:

Twenty-three permits left.

There is an illegal kennel on Shaw Rd. requiring action by the Board.

(SM) There was not an action by the ZBA.

H. Fitzgerald: It was his responsibility to come to the Board.

(SM) Did he build the kennels?

L. Federhen: He used an existing barn originally, same road, different property. We cannot see the dogs.

Member Concerns:

(SM) Has a regional planning meeting on September 9, 2004. Requests the meeting be changed to September 8, 2004 as her first obligation is to the ZBA.

H. Fitzgerald: We have not notified anyone for the ninth. Glenn Porter is no longer with us as an alternate and we have four letters of interest. There is a little strain until we get another alternate; possibly in November.

(RE) We could move it to the eighth (addressing (SM))

Public Concerns:

(LK) Thanks members for the ticket sales that raised $310.00 to help offset town’s legal fees.

Dan Ward won the prize.

Thomas Adamson introduces himself to the Board and expresses interest in becoming an alternate.

Larry Federhen: There is a great deal of conversation of abutters- 200ft. is considered. Hank was supposed to consult with the attorney on that.

H. Fitzgerald: Town Counsel states that across street, stream, or touches property is considered an abutter. That is the RSA; we have to follow state law. The 200ft. was a typo.

Leslie Federhen: Lily Pond, does that count?

H. Fitzgerald: The RSA does not classify the pond as a stream, brook or river unless we had a separate ordinance. We need to refer to state law. Testimony is allowed by the resident affected by the decision.

(RE) Any interested party can speak.

(RL) Where do you shut this down?

H. Fitzgerald: Any resident injured or affected by the decision can speak.

(SM) Can you revise the criteria?

H. Fitzgerald: I can change that.

(JL) The AHG lawsuit- The Pritchard’s have joined the fifty-five and older court case Variance on Governors Rd. The Pritchard’s case went to trial last Monday.

(PM) Who owns it?

L. Collier: AHG

H. Fitzgerald: It was deeded to them.

(SM) Motions to adjourn.

(RL) Seconds motion

5-0 Motion Carries Adjourned 8:10 pm

Respectfully Submitted by Anne Taylor, Board Secretary

Chair____________________________ Date__________________________