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

DATE: THURSDAY, JANUARY 9, 2014

ITEM 1. Call to Order at 7:13 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), Albert Douglas (AD), Alternate and Delores Fritz, Recording Secretary.

Members Absent:

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

ITEM 3. Approval of Minutes of November 14, 2013

(PS) Motion to approve Minutes of November 14, 2013.
(AD) Second. Carried 3-0. (CD) Abstain.

Approval of Minutes of November 21, 2013

(PS) Motion to approve Minutes of November 21, 2013.
(CD) Second. Carried 3-0. (AD) Abstain.

Approval of Minutes of December 12, 2013

(AD) Motion to approve Minutes of December 12, 2013.
(PH) Second. Carried 3-0. (PS) Abstain

ITEM 4. Public Hearing with respect to an application for a Special
Exception filed by Victoria Marcotte of One Lyford Hill Road,
Pittsfield, NH 03263 (Tax Map U05, Lot 44 & 45) for the
attached barn to house a Home Occupation of Yoga Studio and
Wellness Office. The property is owned by Victoria Marcotte,
One Lyford Hill Road, Pittsfield, NH 03263 and is located in
the URBAN Zone.

Victoria Marcotte was present. She explained that she wanted to refurbish an area of the attached barn and create a Yoga Studio and Wellness Office.
Board and applicant reviewed each of the Criteria contained in the application. She noted that there may be occasions when the Yoga Studio may have anywhere from 5 – 12 individuals in attendance. I am hoping that this will be profitable as this is my home and my business.

No public comments were made by the audience.

Close public input.

Board Discussion: (PH) There are not any neighbors opposed to this.

Jesse Pacheco, Building Inspector: I have now noted that this property is located in the Urban Zone and it is allowable. (CD) I do not see why she would apply for a Special Exception if she is just renovating an area of the barn. Jesse Pacheco: She would just have to come in for a Building Permit. This was my error; a Home Occupation is allowable in the Urban Zone. (CD) I was just concerned about parking. Jesse Pacheco: If parking becomes an issue, then we will deal with it then. I would also recommend that all funds be returned. (CD) A Special Exception is not required.

(PH) Motion Special Exception for Victoria Marcotte, One Lyford Hill Road, Pittsfield, NH 03263, Tax Map U05, Lot 44 & 45 is Dismissed Without Prejudice. (PS) Second. Carried 4-0.

(PH) Motion that all funds for Special Exception filed by Victoria Marcotte be refunded. (AD) Second. Carried 4-0.

(CD) Because this application does not require a Special Exception, it is being dismissed without prejudice and you can come back any time should you have another application pertaining to this. I am sorry for any inconvenience. (AD) Thank you for trying a business in Town.
Victoria Marcotte: I have also submitted a Grant to attempt teaching Yoga in the schools in Town.

ITEM 5. Members Concerns

(PH) The Planning Board has authored a Warrant Article at the request of the Zoning Board regarding the proposal to have an elected Zoning Board as opposed to an appointed Board. There is one more hearing coming up on the proposed Zoning Ordinances change on Manufactured Housing.

ITEM 6. Public Input

Sybil Bond: She noted that she has been a resident of Pittsfield for about three years and has written several letters because she has concerns regarding property across the street from her residence on Leavitt Road. “I think he is running some type of business with cars.” I have sometimes seen 7-8 cars parked in the driveway but I cannot determine if they are registered or not. It looks like a junkyard there. She related there is a stream through the property and concerned about the impact on environment, an automobile sales/repair facility pertaining to appearance and traffic issues, leakage/ disposal of oil and gas on the environment, and lack of enforcement of zoning laws. I do not care what he does inside his home. My major concern is the environment.

(AD) We did receive your letters and there have been several visits there by Police Chief and Building Inspector. At the present time, I am unsure what the status is.

Jesse Pacheco, Building Inspector: I have been up there four times. The owner explained that he is not selling any items. The Police Chief is working with the DMV on the situation but the wheels turn slowly. I have recently spoken to Chief Wharem and he is doing a follow-up on this.

Sybil Bond: My concern is that the Urban Zone should be what they are supposed to be. (CD) This Town has a lot of “spot zoning.” Sybil Bond: I can appreciate that factor. The problem is that the enforcement and the ability to enforce these issues is what I am not comfortable with. (CD) The best one to talk to would be the Building Inspector. Sybil Bond: I am a little “touchy” about zoning. I came from Manchester in an area where a lot of rules and regulations were broken around those issues. Jesse Pacheco: If anything happens with that property, you will be notified. (CD) Any information you need, Jesse would be a good person to contact. I do know that anything concerning that property has not come before this Board. Sybil Bond: I do not want to create problems, but I am concerned. Thank you for hearing me.

Jim Pritchard: Thank you, Jesse, for bringing this to the Board’s attention.

ITEM 7. Adjournment

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

Meeting adjourned at 7:48 P.M.

Approved: April 29, 2014

____________________________ ____________________
Carole Dodge, Chairman Date

I hereby certify that these Minutes were recorded by me on January 9, 2014, transcribed and publicly posted on
January 15, 2014.

___________________________________________
Delores A. Fritz, Recording Secretary

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Olympus: 36.20