Pittsfield Zoning Board of Adjustment
Town Hall, 85 Main Street
Pittsfield, NH 03263
Minutes of Public Meeting & Hearing
February 23, 2006
Acting Chairman Elliott called to the meeting to order at 7:10 pm.
Members in Attendance:
Roll Call was taken. Acting Chair, Robert Elliott (RE) Ed Vien (EV), Alternate Jesse Pacheco
(JP), and Alternate Carole Dodge (CD), were present.
Susan Muenzinger (SM), and Paul Metcalf (PM), was absent.
Charley Mewkill III, Planning and Zoning Administrator was present
Anne Taylor, PB/ZBA secretary was present.
Item three on agenda:Public Hearing with respect to an application for an
Area Variance filed by Kevin and Michele Buchanan of 32 So. Main Street
Pittsfield, NH 03263 (Tax Map U-2 Lot 54) for a variance regarding the
placing a garage within the setbacks in Article 2 Table 2 for that property.
Alternate Jesse Pacheco steps up for Susan Muenzinger
Alternate Carole Dodge steps up for Paul Metcalf.
(RE) Explains to the applicant that there is not a full Board and that he has the right to continue
the hearing until there is a full Board present.
Applicant chooses to continue.
(RE) Present your proposal and all comments should be directed through the
Chairman.
Mr. Buchanan: Our home was built in 1875. The existing foundation has erosion
and needs repair. The contractors said that the foundation needs to be fixed, as the
house is already 9 inches out. We are requesting a variance to put a two-car garage
up while the foundation is being repaired. Explains details on drawing. We would
like to remove the cellar stairs and the primary wall of the house and extend the
garage out from there approximately 24 feet, which would leave approximately 12
feet to the left hand property line, actually moving it forward five feet from the back
of the house. We would have approximately 6 and a half foot from the rear property
line. The original corner of the home would not change. (Shows picture of home as it
currently exists to the Board and explains what his project would be on the picture)
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(EV) If there is a 2 car garage under, what is on top?
Mr. Buchanan: It would potentially expand the kitchen, maybe an upstairs,
depending on what the Planning Board would allow. It would gain more living
space. The foundation has settled so much, that the wall is broken and there is a
separation between the sill of the hose.
(EV) What you put over the garage would not be a rental unit?
Mr. Buchanan: Absolutely not. I have three children and we are running out of
space as it is.
(RE) Open to public. Is there anyone for the project? Against?
(EV) I looked at the property. He is actually gaining more set back with this design.
It will make the house look nicer.
(RE) and (JP) agree.
(JP) When I was there your neighbors came out and they had good input.
Mr. Buchanan: I have gracious neighbors.
(RE) Is the Board ready to go through the criteria?
Board agrees.
Area Criteria:
A: No diminuation in the value of surrounding properties will be suffered:
Applicant feels that the proposed changes will either maintain current value or may
potentially increase the value.
Board agrees- Passes 4-0
B: Granting the Variance would not be contrary to the public interest because:
Applicant feels that it will allow the home to fit more naturally with the
surrounding homes.
(RE) It will improve the property.
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Board agrees- Passes 4-0
C: An area Variance is needed to enable the applicant’s proposed use of the property given
the special conditions of the property because:
Applicant feels that the home dates back to 1875, thus predating zoning laws. As
such, this home sits 2 feet from the rear property line and 18 feet from the left
property line.
(RE) The home does pre-date zoning.
(EV) It increases the setbacks.
Board agrees- Passes 4-0
D: The benefit sought by the applicant cannot be achieved by some other method
reasonably feasible for the applicant to pursue, other than an area Variance because:
Applicant feels that due to the home’s location to the property lines, an area
variance is the only solution. He also feels that it would need a variance regardless
of what side of the house the garage was put on.
Board agrees- Passes 4-0
Criteria E. Granting the Variance would permit substantial justice to be done because:
Applicant states that the home is in need of foundation repairs and construction. To
accomplish this would require the exterior walls be altered to gain access to the
primary loading beams.
(EV) I feel that it is good for the neighborhood and Mr. Buchanan is improving the
property all the way around.
(RE) It seems the neighbors will be happy with the new garage.
(CD) I would rather see a home put back together than taken apart.
Board agrees- Passes 4-0
Criteria F. The proposed use is not contrary to the spirit of the ordinance because:
It will allow proper repairs and alterations to be done so that the home will
continue to be in liveable condition.
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Board agrees- Passes 4-0
(CD) Motion to approve the area variance for Kevin and Michelle Buchanan of 32
Main St. for the placement of a garage.
(EV) Seconds motion.
(RE) All in favor?
Motion caries 4-0
(RE) Explains the thirty day appeal process.
Item four on agenda: Public Hearing with respect to an application for a
Special Exception filed by Steve McDonough of 9 Brown Rd. Wilton, NH
03086 (Jeffrey Burd, Brown Engineering LLC, Agent) for a Self Storage
Facility in the Light Industrial/Commercial Zone located on High Street
(Map R-15 Lot 30) Pittsfield, NH 03263 for that lot.
(RE) Mr. Burd is doing a project for me. If the Board would like me to step down, I
will.
The Board does not see a problem with (RE) hearing this application.
(RE) Explains to the applicant that there is not a full Board and that he has the right to continue
the hearing until there is a full Board present.
Mr. Burd would like to continue.
Jeff Burd, Agent: Gives handout of conceptual plan to Board. We are requesting a
special exception which is required by your zoning ordinance, to allow a storage
facility in the LI/ Commercial zone. The property is between High St. and Rt. 28,
north of River Rd. It is 17 acres. The property was surveyed in 1987. We used the
old survey for the base plan. We had the wetlands delineated by GPS. We are
proposing to subdivide the property, which will end up being 10.8 acres and the 6
acre parcel will be used for the storage facility. I do not foresee the facility
expanding into the larger area. There would be 6 buildings, 36,000 sq. ft. for the
storage units. There is not topo, just a concept plan. We would need final
engineering. It would be fenced in and have an office in front with on site septic and
well. There are similar uses in the area. My client has other facilities and feels that
there is a need for this use in Pittsfield. It would be an asset and promote
development in the LI/Commercial zone.
(RE) Open to public. Anyone for the project? Against?
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Rick Bleckmann, representing abutter Pittsfield Weaving: I have a question
regarding runoff. There is a stream from the center of the property that runs
through our property to the Suncook River. How would you handle the runoff, sand,
and salt? We monitor the water around our factory and we report to the State.
J. Burd: There is an area for a detention basin. The State would review runoff and
quality. We want to maintain and treat runoff with a treatment swale before it
leaves the property.
Matt St. George: The stream slopes to the right toward my property, I think.
(EV) That is what I saw.
R. Bleckmann: Has a plan that shows the stream and shows it to the Board.
J. Burd: We would need site plan and there would be another opportunity to look at
the plan.
(RE) Closed to public.
(EV) If we grant this, it still will be one piece of property.
(CM) He would have to come to the PB to subdivide the property. You are just
granting a use.
(RE) It is a right in that zone, it just needs a special exception. Wetlands are the
PB’s domain.
Criteria:
A. The specific site is an appropriate location for the proposed use or
structure because:
The applicant feels that he site is located in the LI/Commercial zone and is a
permitted use provided a special exception is granted. Nearby properties have the
same and similar uses.
All agree 4-0
B. The proposal will not be detrimental, injurious, obnoxious, or offensive to the
neighborhood and will not diminish the value of surrounding properties because:
The applicant feels that this development is a self contained facility with no adverse
impacts to the neighborhood. It will be an asset to the neighborhood by promoting
further commercial development intended in this zone.
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(EV) The Fire Department recommended a monitoring alarm system for early fire detection.
(CM) Some facilities in the state do that, others do not.
J. Burd: We can address the Fire Chief at site plan.
All agree 4-0
C. There will be no undue nuisance or serious hazard to pedestrian or
vehicular traffic, including the location and design of access ways and offstreet
parking because:
The applicant feels that the entrance will have adequate site distance for safe
access to the site. The site also provides easy access to the NH Rt. 28 corridor and to
the downtown Pittsfield area.
All agree 4-0
D. Adequate and appropriate facilities and utilities will be provided to
insure the proper operation of the proposed use or structure because:
The applicant states that the office will be served by an on site well and sewage
disposal system.
(RE) Mr. Bleckmann brought up a good point about monitoring.
(EV) It seems they have addressed that with a detention pond.
(JP) Will that be fenced off?
J. Burd: Typically not. The site itself will be fenced. With the pond fenced, there
could be a problem with kids and animals getting in and not being able to get out. It
will be less than 4 feet deep and released within 24 hours. It would overtop the
berms. There may be some wetland plant growth created, depending on the soil. It
won’t be permanently ponded. There may be conflict with the applicant’s insurance
adjuster with a fenced in detention pond. We would put it in the entire fenced in
site.
All agree 4-0
E. The proposed use or structure is consistent with the spirit of the Town’s
zoning ordinances and the intent of the Town’s Master Plan because:
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The applicant feels that the proposed self storage use is amenable to the
LI/Commercial zoning and consistent with the Town’s desire to develop
LI/Commercial properties on the Rt. 28 corridor.
All agree 4-0
(EV) You will have to meet with the Conservation Commission because of the
wetlands.
(CD) Motion to approve application for a special exception on High St. (Map R-15
Lot 30) for the placement of a self storage facility.
(EV) Seconds motion
(RE) All in favor?
Motion carries 4-0
(RE) Explains the thirty day appeal process.
J. Burd: We are hoping there is not any wetland impact.
Item five on agenda: Public Input
Lester Firstenberger explains a project to the ZBA in regards to 37 Main St. owned by Joe
Courtney. Mr. Courtney wants to add a fifth unit and turn the building into condominiums. The
zoning ordinance and the subdivision regulations state that it is a permitted use. Attorney
Firstenberger states that it is not a variance issue and that the PB Chairman asked him to address
the ZBA for them to decide if it is a zoning issue.
(CM) It is a site plan issue.
The Board agrees it is a PB issue.
Item six on agenda: Approval of January 26, 2006 meeting minutes
(RE) We will table this until we have input from (SM)
Item seven on agenda: Member’s concerns
(RE) The Board should have a letter from Attorney Bates in regards to AHG withdrawing their
lawsuit. Also, there is a spring conference put on by the OEP that covers PB/ZBA issues.
(EV) Who is going to be the new Chairman? Also, whose term is up?
(PM) and (SM)’s terms are expiring. (PM) has submitted a letter to continue on the ZBA.
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(EV) We should find out what (SM)’s intentions are.
Discussion on handbook put out by OEP that was suggested by Richard Hunsberger as an
effective zoning tool.
Adjournment
(CD) Motion to adjourn
(EV) Seconds motion
Motion carries 4 – 0
Adjourned at 8:22 PM.
Respectfully Submitted by Anne Taylor, Board Secretary
Chair____________________________ Date__________________________