August 9, 2012 Minutes

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

DATE: THURSDAY, AUGUST 9, 2012

ITEM 1. Call to Order at 7:00 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), Christopher Smith (CS), Alternate and Delores Fritz, Recording Secretary.

Members Absent:

John (Pat) Heffernan (PH), (PS), Romeo Dubreuil (RD).

Christopher Smith (CS), Alternate was present and seated on the Board.

ITEM 3. Approval of Minutes of July 12, 2012

(PS) Motion to approve Minutes of July 12, 2012 with corrections.
(PM) Second. Carried 4-0.

Corrections:

Page 1 Members Present should read: ……Paul Sherwood (PS), Vice Chairman.

Page 1 under Members Present should read: Christopher Smith, Alternate was present and agreed to take Minutes of meeting.

Page 1 Members Absent should read: None.
ITEM 4: Public Hearing with respect to an application for a Variance
filed by Phil LaMoreaux, Cedar Mill Group, 334 Deer Meadow
Road, Webster, NH 03303 to construct a pergola as an addition
to the existing garage (Tax Map R33, Lot 9). The property is
owned by Tessa Behsman, 101 South Main Street, Pittsfield,
NH 03263 and located in the RURAL Zone.

(CD) Tessa Behsman has an authorized representative present tonight, Phil LaMoreaux, Cedar Mill Group to help her explain what she would like to do.

Mr. LaMoreaux: He explained what the construction of the pergola as an addition to the existing garage entailed. He noted that several pictures and maps of the site were attached to the application.

(PM) Has the Building Inspector looked at this? Mr. LaMoreaux: Yes, he referred us to the Zoning Board. (PM) This is a non-conforming lot. Mr. LaMoreaux read through the application and the Criteria for the Board and explained all aspects of the construction. (PS) Is this going to affect the garage door at all? Mr. LaMoreaux: No, it will not.

Public Input

Carol Allheiser: I live right behind her and I have no problem. It will not be coming out any more than the front steps of her house.

Edith St. George: I live across the street from her and I have no problem with this either.

Close Public Input

(PS) Motion to approve Variance filed by Tessa Behsman, 101 South Main Street, Pittsfield, NH 03263 (Tax Map R33, Lot 9) to construct a pergola as an addition to the existing garage. (PM) Second. Carried 4-0.

(CD) The Variance is approved but you should be aware that there is a thirty (30) day appeal process.

Mr. LaMoreaux: Are we able to begin construction? (CD) Not until the 30 days have lapsed. You probably could get started on the Permit process.

ITEM 5. Public Hearing with respect to an application for a Special Exception filed by Lance Houle, 280 Thompson Road, Pittsfield, NH 03263 for property at 46 South Main Street, Pittsfield, NH 03263 (Tax Map R33, Lot 1) to allow agricultural use in the Suburban Zone. The property is owned by Lucille Rogers, 33 Murray Drive, Rochester, NH 03869. The property is located in the SUBURBAN Zone.

Lance Houle: I am interested in purchasing 46 South Main Street but I have
animals that I would like to take with me. I grew up next door and had
animals there previously. I am looking to purchase this property, but my
animals come with me.

(PM) You have six horses where you are presently located.

Mr. Houle: Yes. The four acres has a large house and barn but the usage is limited. That is what brought me to it and I would be next door to my sister. The usage would be minimal. The average family would not be interested and large buildings usually end up being turned into apartments. The road would not see anything different as far as traffic is concerned. The animals would be in the back; I intend to keep the property clean and picked up. Horses do make waste and I will take care of it.

Mr. Houle reviewed the application and Criteria with the Board.

(PM) How would the horses get from the back field into the barn? Mr. Houle: I intend to put a door in the back. (PM) The garage doors in the front (3), do you intend using those? Mr. Houle: No, they will be entering via the back of the building. The current doors I would not change. The building would stay as it is. The door will be put on the backside for the horses coming in from the back.

(PS) What kind of goats? that would make a difference. Mr. Houle: Milking goats – Alpine.

Public Input

Scott Brown: He offered a written response to the Special Exception which he read into the Minutes (see attached).

Art Morse: I agree with what Scott Brown said. Once the special exception is granted, anything can happen. Anyone can come in there, not necessarily Mr. Houle, and do something different with the property. I am asking that you not allow this.

Scott Brown: I am not against horses, but it is not a good thing to do in a small neighborhood.

Donald Bergeron: Lance has to show hardship and he has not proven that. If he gets approved, I might ask for a junkyard and if I do not get it, I will sue the Town.

Maggie Emerson, Realtor: Just to give you a little history of the property, Ms. Rogers and her sister owned the property and since her sister has died, she now owns the property. It was listed in April 2011 and since then the values have dropped. Lucille was hoping that the Board would support her in her endeavor to sell the property. Her family has owned the property since 1777 but now the property is a hardship for her and she does live elsewhere. It does have four acres and what Mr. Houle is asking is not unreasonable.

Mr. Houle: It meets all the rules and regulations as noted in the Zoning Ordinances. It requires two acres and I would have four acres. Years ago, everyone had horses with no problems – manure run-off – but times change and people change.

Reuben Leavitt: I can’t imagine what would happen to this place if Lance Houle does not buy it. We are lucky he wants it. I do not know about the law, but I am in favor of it.

(CD) It is not a matter of change but rather the absence of animals. Zoning Ordinances came into place in 1988 in Pittsfield and the Town sectioned off areas into different zones.

Reuben Leavitt: I question the reasoning for that. (CD) There has been an absence of animals there for quite a while.

Mary Averill: I would prefer that someone move in there rather than have apartments there. A lot can go wrong with that. I am not sure that horses are the greater of two evils. There is no ordinance to protect all of us who maintain our homes. If someone takes it and cares for it, that is the lesser of two evils.

Scott Brown: My review of the agricultural use in the Ordinances is that once it is granted there is no way to stop, say pigs, from coming in.

(CD) We can put conditions on this as to what animals. Horses are not considered as a part of agriculture but are considered as pets or vehicles. Scott Brown: The point is that Agriculture is not well-defined. (CD) I agree with you. There are not valid definitions in the Zoning Ordinances. Scott Brown: After reading the Master Plan and Zoning Ordinances it was determined that Suburban Zone houses should have protection against having animals and causing offensive problems. (CD) The Master Plan is still being worked on. It was suggested to re-arrange things, but I have not seen anything to this effect.

Bob Brown: I have had horses in the past and I see no reason why this Board cannot put a status on approval. If you do not do something pretty quick to help this Town, it is not going to be pretty.

Lance Houle: Just to clarify, I noted “so be it” previously, but I have six horses and I cannot move them. They are not offensive to anyone. I could have just moved in with my horses without this Special Exception but I wanted to do it the right way. I am trying to do things the right way; everyone feels differently. If there is some one issue, let me know and I will solve the problem. I grew up in that area. I tried to sell some of the horses, but no one will buy them these days because of the economy. I own them and I take care of them.

(PM) What causes problems is that six horses can become twelve horses. Mr. Houle: I understand that but right now I would like to utilize this property. (PM) There is a lot of agricultural land and this one is almost in Town. Mr. Houle: I grew up there. I remember when Bob Wheeler had thirty horses near there. I would like to purchase the property. I would not like to have as many of the horses as I do, but cannot sell them because of the economy.

Maggie Emerson: I have been working for Lucille for a year and a half. This property was intended to be a farm and the land is more than adequate.

Phil LaMoreaux: I do not live in this Town, but reading your definition from the Zoning Ordinances it seems it would be covered:

Agriculture: Commercial agricultural activity including but not limited to orchard, market garden, nursery, dairy farm, commercial animals, poultry, livestock, including the keeping of wild or domestic animals for personal or commercial use on any parcel of at least two (2) acres in size. Customary household pets such as cats or dogs are permitted throughout the town. Home farming is allowed.

Andrea Fifield: I would like to see someone in it. It is a nice looking house. My father-in-law has four horses and sells manure and it is not a problem. It was more of a problem in the days of chickens but horses do not make a great deal of noise. It can be frustrating with dogs barking, fireworks going off, and chickens. He wants to make this a home.

Toni Bois: I have four horses next to me and the manure is taken care of.

Scott Brown: I would like to ask about your other animals. Mr. Houle: I have three dogs and did have a dozen chickens but now have one. Scott Brown: So no kennel and no selling of animals. Mr. Houle: I was pulling horses but you cannot move a horse these days. I like horses and take care of them. I used to have four horses and four cows. Scott Brown: I am not “anti-horse” but there is a place for them and a place for houses. I understand you would like to sell them.

Donald Bergeron: I would caution the Board. You have to show hardship and you can open things wide open.

Andrea Fifield: There is an existing driveway so why is it any more dangerous?

Art Morse: Besides our Zoning Ordinances, you also have to follow the Statutes. There was a Court case where they tried to impose controls and the Court threw out the controls but let the Special Exception go through. I am fearful of this. Mr. Houle: You are worried that once granted it would not be me but rather the future property owner. The Town did this when they made the Zoning Ordinances. I guess I am the first one to come to this Board with this. (PM) We cannot put restrictions on Special Exceptions. I am not opposed to this, but it may be opening up things to other matters. (PS) We can – our Ordinances do allow us to do that.

(CD) We need to focus on this piece of property and the Ordinances now and not the past history. From what I have heard, basically we could make this an animal-specific property notably one or two species of animal. (PM) Plans are subject to change. (CD) I am asking him if he is going to build it back to a certain type of animal? Mr. Houle: I am looking to have four horses, though I have six, six goats and some chickens for my own personal use. (PS) If we do this, we can set conditions by limiting the number of animals. Say six horses and six goats and nothing else. (PM) How can you set limits? (PS) Limits that he can have as many animals as the land will allow. We can apply specific conditions to that such as no pigs, fowl, etc. Donald Bergeron: Who would police this? (PS) Code Enforcement. One other thing, have you made a Purchase/Sales Agreement? Mr. Houle: Yes

Close Public Input

(PS) Motion to approve Special Exception for Lance Houle, 280 Thompson Road, Pittsfield, NH 03263 for property currently owned by Lucille Rogers, 33 Murray Drive, Rochester, NH 03868 to allow agricultural use in the Suburban Zone conditioned upon his retaining six horses, six goats and one chicken. (CS) Second.

After Discussion: (PS) Motion amended to include six chickens – (rather than one.) (CS) Second, Amendment to Motion. Carried 4-0.

Discussion: (PM) Why are you putting a limited number of animals on this? (PS) Because there is only four acres there.

(CD) The Special Exception has been granted with the special conditions. Please be advised that there is a thirty (30) day appeal process period.

Audience departed 8:15 P.M.

ITEM 6. Members Concerns

(PS) I have one concern regarding the comments of a member of the audience who was not pleased and the way he threatened this Board. (PM) That is because it opened it up. (PS) No, it has not. (PM) I do not object to his having four horses. (PS) Of the people who signed the letter, only three were abutters; neighbors but not abutters. It is only a single family dwelling and when he moves in, it will not mean increased traffic. (CS) Isn’t it more of a courtesy that he was here? (CD) Horses do not fall under agriculture. (CS) It would be worse to set up an impediment to his purchasing the property. (CD) There were animals on the property previously. (CS) Up to about 1900, everyone had a cow. (CD) Horses are considered as “vehicles.” (CS) I understand the neighbors’ concerns, but it was a courtesy that he was here.

(CD) Also, there is something to look at; Mr. Hetu came in regarding the Special Exception that was granted on June 9, 2011 for “construction of an in-law apartment on existing property in Suburban Zone. He wants to come in for clarification before us. (PS) I have read the In-Law Apartments in the Zoning Ordinances. (CD) He wants clarification for familial relationship and regarding rent being paid.

ITEM 7. Public Input

None.

ITEM 8. Adjournment

(PS) Motion to adjourn. (PM) Second. Carried 4-0.

Meeting adjourned at 8:25 P.M.

Approved: September 13, 2012

__________________________ ____________________
Carole Dodge, Chairman Date

I hereby certify that these Minutes were recorded by me on August 9, 2012, transcribed and publicly posted on August 15, 2012.

______________________________________
Delores A. Fritz, Recording Secretary

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