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

DATE: THURSDAY, FEBRUARY 14, 2013

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, John (Pat) Heffernan (PH), Romeo Dubreuil (RD), and Delores Fritz, Recording Secretary.

Members Absent:

Paul Metcalf, Sr. (PM), Christopher Smith (CS), Alternate

ITEM 3. Approval of Minutes of October 25, 2012

(PS) Motion to approve Minutes of October 25, 2012. (RD) Second. Carried 4-0.

ITEM 4. Work Session

a. Rules of Procedure

(CD) It has been a long time since we have gone over the Rules of Procedure. The last amendment was June 14, 2001. (PS) Do we want to review and do one motion for all the amendments? Board agreed they would determine this at a later point in the process.

Board discussed Building Inspector role in conjunction with a new applicant, how Matt Monahan gets involved in the process –via the Building Inspector if necessary. It was noted that the Building Inspector is the applicant’s “first line of defense.” Since there is a fee for use of Matt Monahan’s (CNHRPC) expertise, it was noted that the Chair would also go through the proper channels in regard to Matt’s opinion.

Board also touched on Work Sessions, Public Hearings, the regular scheduled hearing days, and the reasons to recuse oneself if personal issues are involved. Board also addressed the abutters, non-abutters, and interested parties and if and when they are permitted to address the Board on an application. (PS) noted that though mostly all parties would be permitted to address the Board on an application, the same credence for the contents of their dissertation would not be the same as an abutter. The number of individuals present during the course of the Public Hearing would also be a factor in the speaking order. It was also noted that Point of Order can be called by Board member if necessary. (PS) The Zoning Board of Adjustment is a quasi-judicial board. We are in a legal in-between place.

Board reviewed what is required and what is needed of an applicant. (RD) Does all the Criteria need to be met” (CD) When I originally came on the Board, it was noted that 80% of the Criteria had to be met. It was noted by the Chair that Board can determine if they would like to vote on each individual Criteria or vote on it was a whole. (RD) In my opinion, for fairness, at the meeting the applicant must prove to the Board each of the Criteria. If one of the Criteria is not met, then the application is denied.

The number of Board members present was also discussed and what constitutes a quorum. Chair noted that if there is a three member Board present, the applicant may request to reschedule and this should be in the Minutes.

The Variance and Special Exception were discussed. (PS) The Variance is subjective. It is not cut and dry. Board determines what and if there is a hardship and what is not, therefore it is subjective. For a Special Exception, the burden of proof is on the applicant. (RD) Define hardship. I think everyone defines hardship differently. (PS) Hardship is with the individual or with the use of the property and requires some clarity. (CD) A Variance stays with the property. (PH) explained how his Variance to buy/sell guns was determined.

(RD) The Special Exception – how is the criteria met? (CD) The same way. (PS) It has to do with usage. (CD) It can be either way. (RD) If not everyone is treated in the same way, how can it be equitable and fair? (CD) I do not think that we have treated anyone any differently. The applicant explains his application, Board goes through the Criteria and asks questions if it so chooses. When the Board gets to the point of Board discussion, at that time they can make a motion if appropriate. (PS) We may not vote on each item noted in the Criteria, but we do address them. (RD) So they do not have to meet all the Criteria and the burden of proof for a Special Exception is on the applicant. (PS) We would grant the Variance if it pertains to the American Disabilities Act even if it concerns the setbacks.

(PS) The property itself and the setting make it unique and can make a difference whether a Variance is granted. Environment can make a difference. (CD) We all perceive things differently. (PH) It boils down to “Is it a reasonable use of the property?”

(RD) I find that this Board is changing the zoning in the Town. That is what I see. Applicants have non-conforming uses; the Board approves and makes it even more non-conforming. We give Variances and Special Exceptions freely. I have heard these things from within the community. (PS) That is why we are a five-member Board. We act on the consensus of the Board; three out of five have to approve. (RD) After working on the Master Plan, I am looking at it differently. There are different settings in other towns without billboards and junkyards.

(PS) You have to look at the Zoning Ordinances. There is no reason why Route 28 corridor should not be commercially expanded. Business is good for the tax base. (RD) You have to look at the rural zones also. The Board changes zoning by allowing businesses in other zones. There are very few times that people go before the Planning Board or Zoning Board and they say “No.” (PH) If it is not a good idea, we would not approve it. (RD) The Variance goes with the Deed. We should consider putting restrictions on these, though it can be impossible to police. (PS) Variances you can put conditions on and Code Enforcement has to police it. Special Exception expires after two years if not used.

ITEM 5. Members Concerns

None

ITEM 6. Public Input

No audience was present.

ITEM 7. Adjournment

(PH) Motion to adjourn. (RD) Second. Carried 4-0.

Meeting adjourned at 9:00 P.M.

Approved: March 14, 2013

___________________________ ____________________
Carole Dodge, Chairman Date

I hereby certify that these Minutes were recorded by me on February 14, 2013, transcribed and public posted on February 21, 2013.

_________________________________________
Delores A. Fritz, Recording Secretary

II Tapes