JUNE 11, 2009 MINUTES

Pittsfield Zoning Board of Adjustment
Town Hall, 85 Main Street
Pittsfield, NH 03263
Minutes of Public Meeting

DATE: THURSDAY, JUNE 11, 2009

ITEM I. Call to Order at 7:00 P.M. by Ed Vien, Chairman

ITEM 2. Roll Call

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

Members Absent:

None.

(EV) One of our members is running a little late and should be here in a few minutes. We will skip to Item 5 on the Agenda.

ITEM 5. New Business

a. Resignation of David Rushford, Alternate

(EV) The BOS has accepted the resignation of David Rushford so he is no longer an Alternate.

b. Notice of Decision – Paul and Carol Richardson vs. Town of Pittsfield

(EV) Basically, the Court affirms the Zoning Board’s decision regarding Certificate of Location for Board of Selectman.

d. New Handout – Building Inspector

(EV) This is basically a handout as to the who, what, where and when as to what can be expected for an applicant. This is a good start.

e. Letter CNHRPC Re: Meetings

(EV) The CNHRPC has offered to hold seminars for the ZBA and PB which would cover the nuts and bolts of running a Board meeting as to what Board should be doing. The BOS has also addressed this and they are in support of the boards participating. Hopefully, we can get that scheduled.

f. Letter Paula Belliveau

(EV) This is regarding code enforcement. (PM) noted that he had taken a ride up there and the lot is perfectly clear. All the “junk” is behind the fence. The adjoining lot looks like there are a couple of test holes on it. (EV) Apparently this is part of the issue. When he collects two or three cars before processing them, it becomes an irritation to some of the neighbors. (PM) noted that there was not a car in sight.

ITEM 3. Approval of Minutes of March 26, 2009

(CD) Motion to approve the Minutes of March 26, 2009. (LF) Second. Carried 3-0. (PM) abstain.

ITEM 6. Members Concerns

None.

ITEM 7. Public Input

Fred Hast questioned whether Board is going to appoint an alternate.
(EV) One individual has applied and this will be before the BOS at their next meeting next week. If you know of anyone else that would be interested, please let me know.

ITEM 5. New Business Continued

c. Letter Re: Dan Schroth

(EV) This is for update purposes and discussion is not necessary at this time.

ITEM 4. Public Hearing with respect to an application for a Use Variance filed by Dudek Realty, Inc., Edward Dudek, 55 Hall Road, Londonderry, NH 03053. The property is located at Depot Street, Pittsfield, NH 03263 (Tax Map U-04, Lot 26) and is owned by Dudek Realty, Inc. and would be to convert the property into a six-family apartment house. This property is located in the LIGHT INDUSTRIAL/COMMERCIAL Zone.

(PM) I own apartments in Town, and wonder if I should step down. How
does everyone feel about that. (CD) I would not think that you would have
to step down. (JP) noted that he also had a couple of apartments in Town.
Board agreed that (PM) and (JP) should not have to recuse themselves.

(EV) explained to Mr. Dudek the process of allowing the applicant to
explain what he would like to do giving all the information you would like,
open it to the public and then Board will make a decision. Board
can ask questions at any time.

Mr. Dudek explained that he would like to renovate the whole building and make six apartments. “I had thought about doing storefronts, but realized that they would be too difficult to rent.” It would be easier to rent apartments. The renovation will include everything including new siding, windows, roof, a porch up front, and there will be plenty of parking – two spaces per apartment. (PM) “I cannot seem to figure out why the Planning Board turned this down?” Mr. Dudek noted that the building has been boarded up for quite a few years. (PM) This renovation would involve pretty extensive work; the upstairs is not safe. Mr. Dudek noted that the building does need attention though the outside is in “real good shape.” (PM) Did the Planning Board turn it down because it has been vacant so long? Dan Schroth, “It never came before the Planning Board.” Mr. Dudek related that the Building Inspector had said that it was vacant so long and there was no previous use on record. (PM) You are saying it did not come before the Planning Board because it did not need to.

(EV) read from the Zoning Ordinance referencing Non-Conforming Uses. The Building Inspector is 100% correct noting that the structure is vacant and Article 4, 3 (a) would be applicable regarding Discontinued Use.

(LF) There is parking there for twelve vehicles? Mr. Dudek explained that there are four parking spaces to the left of the building, down the alley there would be seven and then behind the building would be five or six. (PM) Where exactly to the left and right? Mr. Dudek further explained where the parking would be. (LF) Are you planning on using the driveway for parking? Mr. Dudek, “It would be past the driveway between my property and adjacent property.

(JP) Do you have any preliminary drawings indicating this? I am concerned about the parking. There is nothing attached to this application and that is something I would like to see. Mr. Dudek noted that he owned fifty spaces on Bridge Street. (EV) Would you combine the deeds? Mr. Dudek noted that there is only one Deed. (JP) “Do you have the Deed?” (EV) I was under the impression that these were two separate parking lots and there were separate Deeds. Mr. Dudek, “The Town shows it as two separate parcels but there is only one Deed.”

(EV) That is another issue; basically, we are creating another non-conforming lot and use. A lot is defined in our Ordinance as a parcel of
land occupied or to be occupied by only one single-family structure or commercial/industrial structure and the accessory buildings or uses customarily incident to it. I have a problem with that. In the past, Board has allowed that in the past because it was there but does not want to create one. Mr. Dudek, “There are twelve parking spaces behind the building.” (CD) This came before this Board already once before and they were separate entities. What I am saying is that last time it came before this Board without any extra information or materials. I remember it as two separate parcels and this piece has no parking spaces. (JP) What we see on paper and with our eyes can show us two different things. If you tear building down, you can make more parking, and whether it has been combined since is a different thing.

(CD) There is no place for parking on the one side because of fire easements. (EV) I did not sit on this matter the first time but I know the property quite well. Physically, there might be enough parking but the question would be as to how close you can park to the building because of fire issues. The Fire Department often requires free access around buildings. If you had it drawn out, then the Fire Department could review it and offer their ideas on this. I think we would need to cover all these bases. (JP) I remember that, too. On the previous application, they were going to utilize parking elsewhere. (CD) Handicapped parking would come into play also.

(LF) Another thing would be the zoning; there is an acre minimum requirement. (EV) What we are running into is non-conforming issues. This Board is willing to do their homework and we will need more information. (PM) “You can work on it and come up with a good plan.” Mr. Dudek, “I already did.” (EV) I have a lot of questions in creating a non-conforming building lot even taking the parking issue out of it. It does not fit with the Zoning Regulations. The only reason for granting this would be for hardship reasons and I cannot see any hardship to grant for any units at this time.

(CD) (Question addressed to Fred Hast.) When was the last time there were active apartments in that building? Mr. Hast noted about 25 years ago; the store was active up to about 1984. (CD) It was used for storage up to 3 or 4 years ago. (LF) “When was the fire?” Mr. Hast, “In the 40’s and then another around the 50’s or 60’s. (CD) And another in the 80’s? Mr. Hast, “Not to my knowledge. The building is in rough shape. About five or six years ago it was noted that there is asbestos inside and outside of the building. They tried to get it condemned, and the procedure was started but not completed.” (LF) I would like to see more information on this.

Public Input:

Mr. Hast, “Again, I would like to speak against it. As far as parking, there is no parking on the side of the building – this is needed for fire apparatus. If there are twelve spaces out back, I would like to see them.” The applicant should come in with a site plan. The building should be torn down and rebuilt. It has a lot of problems.

Dan Schroth noted that anyone willing to invest in Pittsfield should be supported. I would hope that this goes through.

Mr. Hast, “There were two storefronts in there. Even with four apartments, it would be congested. The Town is trying to rejuvenate itself. A couple of storefronts would be beneficial to the Town.” Mr. Dudek, “Who wants to rent them? You?” (LF) There already are a lot of vacant apartments in Town.

Mr. Schroth, “A modest amount of growth is good. A few more good apartments would be beneficial. If you are not growing, then you are dying.” (EV) I agree with some things but after re-reading the Master Plan, it is noted that there are way too many apartments for a town the size of Pittsfield. They recommend discouraging any additional apartment buildings. Mr. Schroth, “Sometimes the only thing to do is put in apartments because the business is not here.” (EV) read into the Minutes from the Master Plan regarding discouraging apartments. Looking at all things and what we are hearing, there are some issues we need more definitive answers to.

I am asking Dee to provide the following list to Mr. Dudek and we can bring back this application at our next meeting. This should include the Deed, drawing of building and lot lines, clarification of size of building, drawing of proposed parking spaces, and Fire Chief information regarding parking positions. (Please see attached list.)

(EV) You can work with the Building Inspector on this. (LF) Are you considering this for regular housing or low income housing? Mr. Dudek related that he had not considered that yet. (EV) The Board will resurrect the file on the past hearing on this property which will be available to Board members as a “Read File.” Mr. Dudek noted if Board will provide him with a list he would take care of it. He related that he had not seen the previous file on this property either. (EV) It still would be the basic blueprint as it is not being enlarged. Mr. Dudek related that there would be a rear egress which would be re-constructed. (LF) Have you made any plans for the inside of the building? Mr. Dudek related that it would be pretty basic using the present blueprint. There would be no structural changes.

(JP) What about the front of the building? You mentioned a “porch.” Would this be within the setbacks? Mr. Dudek related that he would discuss with the Building Inspector. Mr. Hast noted that years ago, there was an awning out there. (EV) When you do the drawing, you can show the proposed overhang.

(CD) Motion to continue this hearing for Edward Dudek to July 9, 2009 at 7:00 P.M. (JP) Second. Carried 5-0.

Break 7:50 P.M. Resume 7:55 P.M.

OTHER – ELECTION OF OFFICERS

(PM) Motion to appoint Ed Vien as Chairman. (JP) Second. Carried 4-0 (EV) Abstain.

(LF) Motion to appoint Carole Dodge as Vice-Chairman. (PM) Second. Carried 4-0. (CD) Abstain.

ADJOURNMENT

(LF) Motion to adjourn. (PM) Second. Carried 5-0.

Meeting adjourned at 8:00 P.M.

Approved: July 9, 2009

___________________________ _______________________
Ed Vien, Chairman Date

I hereby certify that these Minutes were recorded and transcribed by me and posted on June 17, 2009.

_______________________________
Delores Fritz, Recording Secretary