December 11, 2014 Minutes

These minutes were posted by the Zoning.

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

DATE: THURSDAY, DECEMBER 11, 2014

ITEM 1. Call to Order at 7:00 P.M. by Carole Dodge, Chairman

ITEM 2. Roll Call

Members Present:

Carole Dodge (CD), Chairman, John (Pat) Heffernan (PH), Vice-Chairman, Denis Beaudoin (DB), Scott Aubertin (SA), Albert Douglas (AD), Alternate and Delores Fritz, Recording Secretary.

Members Absent:

Paul Metcalf, Sr.

Albert Douglas (AD), Alternate was seated on the Board.

ITEM 3. Approval of Minutes of November 13, 2014

(PH) Motion to approve Minutes of November 13, 2014 with Corrections. (SA) Second. Carried 4-0. (AD) Abstain.

Corrections:

Page 2, Paragraph 3, Line 3 should read…. lately also. Larry Berkson was one of the drafters in getting the Zoning Ordinances passed.

Page 3, Paragraph 2, Line 7 should read….back of Carole’s property……

ITEM 4. Public Hearing with respect to consideration to amend the
Notice of Decision filed on September 11, 2014 to allow a
Home Occupation for the sale of craft items on a seasonal
basis to “year-round operation.” The amendment was filed
by property owners’ Matthew & Jill Fudala, d/b/a: Little
Red Hen Country Gift Shoppe, 85 Norris Road, Pittsfield,
NH 03263 (Tax Map R21, Lot 8) and located in the RURAL
Zone.

Jill Fudala was present.

(CD) When you were here last September, you asked for the gift shop to have seasonal sale hours. We went through the Criteria with no problems regarding this. If you could just give us an update as to why you would like us to amend the Notice of Decision to include “year-round operation.”

Ms. Fudala: There will be no changes in the days or hours of operation but the shop will not close at the end of December through June but rather remain open the entire year. She relates that her job requirements had changed and she was not going to be as busy come spring as she had anticipated. The shop is doing very well; it is a cute little shop and we have many locally crafted items. Many people are thrilled to have an opportunity to place their crafts in a local shop. We would like to operate the shop on a year-round basis as long as you guys are okay with this. We have regulars who come back almost on a weekly basis. As noted, the shop will operate the same days and hours as previously noted.

(CD) Could you basically run through the Criteria once again? Ms. Fudala and the Board reviewed the Criteria. It was noted that the shop is located in her home, no additions are going to be added, and will operate the same number of days and hours.

(AD) Who will operate the shop on the days that you are working? You can have up to four employees – one being yourself. Ms. Fudala: My mother-in-law, which is no different than it currently is or my husband. I work every third weekend. There basically will be no change. (AD) I have seen the shop and it is a nice place. My understanding is that you have a good business there and will not be making any additions to the property. There is ample space for parking. Ms. Fudala: We have had no problems with that. Soon we will be opening part of the side area. (AD) I think it is a benefit to the Town. Ms. Fudala: We have fifteen local craftsman who display crafts there. It is almost a second full-time job for me. (AD) Do you think you will have a lull time? Ms. Fudala explained that probably after the upcoming holidays but in early spring it will probably pick up again.

(PH) I think it is a good idea. I welcome it.

Ms. Fudala: We have been trying to network with locals about the shop.

(PH) Motion to grant application for Special Exception to amend Notice of Decision filed on September 11, 2014 to allow Home Occupation to commence on an year-round operation filed by Jill and Matthew Fudala, d/b/a: Little Red Hen Country Gift Shoppe, 85 Norris Road, Pittsfield, NH 03263 (Tax Map R21, Lot 8). (AD) Second. Carried 5-0.

(CD) advised applicant of thirty (30) day appeal process. She also advised applicant that if the Special Exception is not used within a two year period, it can be rescinded.

Applicant request for a Waiver for the regular application fee ($40) since this request only includes a minor adjustment in verbiage. Abutters and publishing fees have been paid.

(PH) Motion to approve Waiver for the application fee ($40) for Jill and Matthew Fudala, 85 Norris Road, Pittsfield, NH 03263 (Tax Map R21, Lot 8) is granted. (AD) Second. Carried 5-0.

ITEM 5. Members Concerns

a. Rustic Crust

(CD) A decision has been made concerning the Rustic Crust and the Zoning Board’s decision has been upheld in the courts – affirmed and upheld – which is a good thing.

b. Planning Board

(CD) The Planning Board has now abandoned their proposal for the definitions and three members of the Board have approved going forward with the suggestions as presented by the Zoning Board. (SA) Three members said our suggestions should be looked at? (PH) One member was unhappy with some resistance to look at them. One “hang-up” was the definition of Junk Yards being legally licensed which we were trying to omit to close up some loopholes. We “torpedoed” their whole Junk Yard definition and wanted to omit “legally licensed” to clean it up. Why wouldn’t we want to do that? There were a couple of other things that caused friction. I suspect this may result in some upheaval on the Planning Board and we have got to get back to doing some work. (SA) So Zoning Board has nothing else to do with it? (PH) The whole thing seems like it will explode before definitions come to fruition. The more I talk about it with people, the more I think something else has to happen first. I think it will come out alright but it is not going to be an easy haul.

ITEM 6. Public Input

Jeffrey Swain: The Zoning Board meetings are much better than the Planning Board’s.

ITEM 7. Adjournment

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

Meeting adjourned at 7:35 P.M.

Approved: January 15, 2015

____________________________ ____________________
Carole Dodge, Chairman Date

No Attachments
Olympus: 30.49

I hereby certify that these Minutes were recorded by me on December 11, 2014, transcribed and public
posted on December 17, 2014.

_____________________________________________
Delores A. Fritz, Recording Secretary