Pittsfield Zoning Board of Adjustment

Town Hall, 85 Main Street

Pittsfield, NH 03263
Minutes of Public Meeting

DATE: July 10, 2008

ITEM I. Call to Order at 7:07 P.M. by Ed Vien, Chairman

ITEM 2. Roll Call

Members Present: Ed Vien (EV) Chairman, Carole Dodge (CD), Paul Metcalf, Sr. (PM), Larry Federhen (LF), Alternate, and Delores Fritz, Recording Secretary.

Members Absent:

Susan Muenzinger (SM), Vice-Chairman, Jesse Pacheco (JP), and David Rushford (DR), Alternate.

ITEM 4. A Motion for Rehearing with respect to a request by Paul and Carol Richardson, 595 Tilton Hill Road, Pittsfield, NH 03263 regarding an application by James Snedeker, 629 Tilton Hill Road, Pittsfield, NH 03263 (Tax Map R-07, Lot 4B) to designate an area of the property at 629 Tilton Hill Road, Pittsfield, NH 03263 for storage of junk metal and a request to conduct a “grandfathered” business at this site. The property is owned by James Snedeker and is located in the RURAL Zone.

(EV) There is not a full Board tonight. I am not opening this rehearing tonight due to some questions brought forward by Carol and Paul Richardson. I went back to Town counsel and they have indicated that reasonable minds would have a different opinion. In Court this could be argued either way. Town counsel has advised Board to vote on holding a new hearing on August 14th for determination under RSA 236:114 & 115 with public notice. By doing this, attorney indicates that all will have sufficient notice and the matter cannot be brought up again.

This will be presented as a new hearing. The Board can vote to accept the Minutes and the information brought before them. It should be noted that if I were here tonight, I would ask for a five member Board to hear this.

(CD) Motion to not hold Rehearing tonight and schedule new hearing on August 14, 2008 at 7:00 P.M. (PM) Second. Carried 4-0.

(EV) Please note that this will be a totally new hearing. Evidence will be presented again. There were some statements made that not everyone got an opportunity to speak at the original hearing though I thought every one did have that opportunity.

Carole Richardson requested, “What is the hearing on?”

(EV) Hearing will be for Certificate of Approval for location of junkyard business according to RSA, 236:114 as well as 236:115 which is application for license and should be in writing. Again, the public hearing will be for Certificate of Approval.

Ms. Richardson, “I am confused here as before you talked about grandfathering and now you are talking about a Certificate of Approval.”

(EV) The Certificate of Approval is what he needs to have to go before the Board of Selectman. The Board of Selectman can either approve or deny the license. Basically, we will go back through the points raised, which can be raised again and addressed. At the new hearing, information will be brought forward as noted in the Richardson’s three letters. Board will listen to presentation as to why it should be grandfathered, to those opposed to it, and Board will decide.

Mr. Snedeker, “Are they saying they did not get enough notice?”

(EV) Basically, we are going to start all over again. It was not considered “grandfathered” until the thirty-day appeal was ended and letters from Richardsons were received prior to that time. It was originally granted with a thirty-day appeal, and once the “appeal” came in, nothing was guaranteed. Mr. Snedeker, “I should come back with all my paperwork?” (EV) Yes.

A member of the audience questioned, “Are you able to share counsel’s definition of grandfathering?” (EV) No, I do not think I will do that. It was not noticed properly and we will start over with it and clean it up.

A member of the audience noted, “So the precedent was the noticing?” (EV) This was counsel’s recommendation.

Ms. Richardson noted that one abutter had not been notified which was due to the recent subdivision so now there is one additional abutter. (Duly noted.)

(EV) So, we will back up, erase it and start again. It will be the first thing on the Agenda on the 14th.

ITEM 3. Approval of Minutes of June 12, 2008

(CD) Motion to approve Minutes of June 12, 2008. (PM) Second.

Carried 4-0.

ITEM 5. New Business

None.

ITEM 6. Members Concerns

(EV) noted that his concern was making sure that Board start meetings at 7:00 P.M. sharp, which is the time we notice hearings. I knew that Susan Muenzinger would not be here tonight but did not know about the other two members. It is not fair to make people wait.

ITEM 7. Public Input

None.

ITEM 8. Adjournment

(LF) Motion to Adjourn. (PM) Second. Carried 4-0.

Meeting adjourned at 7:24 P.M.

Approved: August 14, 2008

______________________________ ________________________

Ed Vien, Chairman Date