January 29, 2004 Minutes

These minutes were posted by the Zoning.

Pittsfield Zoning Board

Pittsfield, NH 03263
Minutes of Public Meeting

January 29, 2004

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

Members in Attendance:
Roll Call was taken: Robert Elliot (RE), Chair, Susan Muenzinger (SM), Robert Lincoln (RL), Christine Westerberg (CW) were present. Paul Metcalf (PM) as absent. He will be until April. Glenn Porter sat in and will continue to do so in his place until his return. It was confirmed that Mr. Porter has been present to witness the hearings on the agenda.

Public Hearing, Thompson Road, AHG Properties:
Continued Public Hearing to consider a Variance Application to allow eight (8) buildings with a total of 32 condominium dwelling units in a cluster development in the Rural zone.

Public Hearing, Thompson Road, AHG Properties:

Continued Public Hearing to consider a Variance Application to Allow Multi-Family Residences in the Rural zone.

Public Hearing, Thompson Road, AHG Properties:

Continued Public Hearing to rehear a Special Exception Application to allow a Cluster Development for a Senior Housing Community in the Rural zone.

To address Board and Abutter concerns, the Applicant has chosen to withdraw the all three applications without prejudice in order to re-design the project and create a proposal that will meet less resistance. An official letter has been submitted to the Board. They intend to submit new proposals to the both Planning and concurrently the Zoning Boards. The Public Hearings were closed for all three applications at 7:10 pm.

(SM) made a motion to accept the letter withdrawing the two (2) Variance applications and one (1) Special Exception Application without prejudice.

(RL) Seconded the motion.

5-0 voted in favor. Motion carries.

Review of Minutes:
(SM) Made a motion to accept the January 15 Minutes as corrected.

(RL) Seconded the motion.

5- 0 in favor. Motion carries

Reports:
Building Inspector’s Report – The next meeting is scheduled for February 12, 2004. Three applications have been submitted and will be advertised in next week’s paper.

Members Concerns:

· (SM) did not have the opportunity to review the July 31 tapes for the J. Brandon Guida case, but did review her notes. It has been implied that Hank FitzGerald will be called in to Court for a Deposition on the case. He has not been subpoenaed yet. It is understood that Mr. Guida will only bring a new hearing to the Zoning Board if approval is guaranteed. The Board agrees that no promises of that nature can be made.

· Hank FitzGerald asked the Board for approval to increase the application charge for advertising from $65 to $75 to better reflect the current market rate. Upon a motion duly made and seconded, a vote was taken:

(RL) Made a motion to increase the Application Advertising fee from $65 to $75.

(GP) Seconded the motion.

5-0 voted in favor. Motion carries.

· CNHRPC is looking for a second Town representative to attend their quarterly meetings. The Town Administrator agrees that this is a relationship that should be supported. (SM) stated that the date of the meetings used to conflict with the scheduled ZBA meeting dates, so unless the dates have changed, it will be difficult for a member of the ZBA to attend. Mr. FitzGerald will look into the dates and get back to the Board. If the dates work for the Board, (SM) has agreed to do it. A decision will be made at the next meeting. A memo will be sent on behalf of the Board to the Select Board at that point. Upon a motion duly made and seconded, a vote was taken:

(RL) made a motion to recommend to the Select Board that Susan Muenzinger be appointed to attend the CNHRPC meetings as one of two Pittsfield Town Representatives.

(CW) seconded the motion.

5-0 voted in favor. Motion carries.

· Follow up to an old issue regarding a Non-Conforming lot was discussed. The issue has been resolved and needs no further action at this time.

Adjournment:
(CW) Made a motion to adjourn the meeting.

(RL) Seconded the motion.

5-0 in favor. Motion carries. The January 29, 2004 meeting was adjourned at 7:42 pm.

Respectfully Submitted by,

Dina S. Condodemetraky, Board Secretary

The January 29, 2004 minutes were approved by a 5-0 vote in favor on February 12, 20

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January 15, 2004

Chairman Elliott called to the meeting to order at 7:05 pm.

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

Town Attorney Timothy Bates was present to provide legal assistance.

Public Hearing, Governors and Thompson Roads – Mary H. Pritchard, Trustee
To rehear an Administrative Appeal against the Planning Board Decision Approving the AHG Properties, Inc. Subdivision (Tax Map 44 Lot 1)

Chairman Elliott declared the Public Hearing re-opened at 7:08 pm. Attorney Gordon Blakeney, Anton and James Pritchard were in attendance to represent Mary Pritchard, who was not present. Counsel filed a motion to rehear this Appeal to address erroneous interpretations they felt the Planning Board made in approving the 3-lot AHG Subdivision regarding: non-contiguous frontage on Thompson and Governors Roads, a driveway restriction regarding site distance and safety, and on a procedural issue where the Select Board addressed the Class VI road without written request from the PB.

The floor was opened to the public for comment. There were a number of concerns expressed regarding setting the precedent for allowing “wrap-around” frontage. Forrest Sell, agent for AHG was present and expressed that he originally had the driveway access set at another location near Tan Road, but that the Pritchard’s requested it moved, now having done so, they are arguing its location again. Mr. Bates inquired and was informed that there are 430 feet of frontage for the lot in question on Thompson road. Anton and James Pritchard defended that they in fact did not ask Mr. Sell to move his driveway, just addressed that he consider alternate access locations. Mr. Blakeney questioned allowing frontage on the Class VI Road and whether the Select Board ever declared it a Town Road. Jeremy Lamson, the Town Administrator stated that portion of Thompson Road was actually accepted by the Town in 1783. Mr. Bates advised the ZBA members that they only have jurisdiction to respond to the issue of frontage, not the driveway complaint (which deals with the PB’s Subdivision Regulation interpretation) or the Select Board involvement. Hank Fitzgerald stated that the Town Road Agent found no objection to the frontage proposed on the application. (RE) declared the public comment session closed at 7:30 pm.

The Board further deliberated the appeal regarding frontage. Counsel drafted a motion that was then adopted by the ZBA members:

(SM) made a motion to deny the appeal finding and ruling that “frontage” as used in the Zoning Ordinance means continuous frontage on either a Class V or Class VI town road. Since the lot in question has 430 feet of continuous frontage on

Thompson Road, a Class VI road, the Planning Board made no error in approving that lot.

(CW) Seconded the motion.

5-0 voted in favor. Motion carries.

Public Hearing, Thompson Road – AHG Properties Inc

To address two (2) Variance applications filed for the same property to allow eight (8) buildings with 32 condominium dwelling units in a cluster development and to allow building Multi-family residences in a Rural zone.

Chairman Elliott declared the Public Hearing opened at 7:40 pm. The Hearing Notices were duly posted and the abutters were notified by certified mail. Two applications were submitted and both were addressed at the same time. Andy Sullivan and Forrest Sell spoke on behalf of AHG Properties Inc. The property in question is 27 acres surrounded by Thompson, Governors and Catamount Roads. The Applicant is planning to build eight (8) 4-unit townhouse buildings for 55+ residents. Five (5) septic systems to service said buildings. The ZBA already granted a Special Exception on October 9, 2003 allowing a Cluster development but the Zoning Ordinance only allows 12 units on the lot in question to be built so building 32 exceeds the limit of the Rural zone without a Variance. The Board welcomed public comment. Both Variances received strong opposition from citizens present and through an absent resident who contacted Board members prior to the meeting. Concerns were centered around the following: the level of dwelling units requested and amount of construction required, possible wetland disturbance, shared vs. individual septic systems, how to guarantee that the 55+ age restriction would stay in perpetuity, the Condo Documents, the tax base, the draining of public services/resources by the potential residents, questioning the proposed hardship to the Applicant, extra traffic brought to the surrounding roads, issues with access and the three proposed plans on Catamount Road and overall health, safety and general welfare of abutters living with this potential project.

If Thompson Road is not used the project would still require a vote from the Select Board as to whether they can get an easement to access the property through the Town lot off of Catamount Road. Hank FitzGerald stated that the Department heads have approved the three (3) proposed access routes as presented in their application.

There was a discussion about the public’s access to the Variance applications. John Lenaerts expressed his displeasure that he was not able to get a copy of the applications that had to be submitted to the Hank Fitzgerald the Building Inspector, fifteen days prior to this hearing. Mr. Lamson, the Town Administrator responded that Mr. Lenaerts’ request only came to his attention earlier in the day on January 15th. Lester Firstenberger stated that he asked for them on the 13th and received the same reply. Public citizens were allowed access to view the documents but not to walk away with them. Mr. Sullivan reviewed their application for all present stating why he felt that all criteria necessary for granting a Variance were met.

The Applicant has claimed not granting this Variance would produce a hardship for them, that it would be too expensive to build just a 12-unit subdivision. The resale numbers would not work as well as it would with 32 units. They also feel the land exists as a hardship. They believe the area is unique to the surrounding area. Some abutters present disagreed.

Mr. Blakeney, representing the Pritchard Trust made arguments that the applicant actually does not meet the criteria needed to grant the Variance. The Board requested and he agreed to present his arguments in written statement for the board’s review.

Mr. James Pritchard reviewed the AHG tax card. He stated that said property has both productive and non-productive acres and that the proportions of front and rear productive and unproductive areas are no different from that of any other neighboring properties. Distribution is the same for all neighboring properties. Mr. Anton Pritchard stated that the property is not land locked, but that the Applicant has subdivided the frontage on Governors Road and may have cut off access. He also believes the property value is increased by subdivision. Abutter Chuck Humphey also stated that property was land locked as a result of the previous subdivision.

Mr. Sullivan requested a continuance on the application to give all parties time to have pertinent questions addressed. The hearing was closed to public comment at 9:40 pm.

The Board discussed whether to continue or not. A majority of members wanted to continue the hearing until a date certain. The remainder felt that the people had stated a strong case against the proposal and that maybe it does not belong there. But since some members of the audience had left, the Board agreed that a continuance was prudent. Attorney Blakeney will submit a position piece to the town. Attorney Bates stated that after the people have spoken, that law must be applied to the facts. Copies of the proposed Condo docs need to come in for review.

The Board agreed that the rehearing for the Special Exception needed to be continued as well since the decision would depend on if the Variance is granted or not.

(SM) moved to continue the Public Hearing for the AHG Properties, Inc. for two (2) Variances regarding density and Multi family housing in a Rural Zone to January 29, 2003 at 7 pm at the Town Hall. In addition, she moved to continue the rehearing for the Special Exception filed to allow cluster Development for Senior Housing Development.

(PM) Seconded the motion.

5-0 voted in favor. Motion carries. A public notice will be posted in the local paper and in two public places.

Review of Minutes:
(RL) Made a motion to accept the December 15, 2003 Minutes as written.

(SM) Seconded the motion.

5- 0 voted in favor. Motion carries

Adjournment:
(SM) Made a motion to adjourn the January 15, 2004 ZBA meeting.

(RL) Seconded the motion.

5-0 voted in favor. Motion carries

The January 15, 2004 Minutes were approved 5-0 with changes at the January 29th meeting.