June 13, 2013 Minutes

These minutes were posted by the Zoning.

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

DATE: THURSDAY, JUNE 13, 2013

ITEM 1. Call to Order at 7:05 P.M. by Carole Dodge, Chairman

ITEM 2. Roll Call

Members Present:

Carole Dodge (CD), Chairman, Paul Sherwood (PS), Vice-Chairman, Paul Metcalf, Sr. (PM),John (Pat) Heffernan (PH), Romeo Dubreuil (RD), and Delores Fritz, Recording Secretary.

Members Absent:

Romeo Dubreuil (RD), Christopher Smith (CS), Alternate

ITEM 3. Approval of Minutes of May 23, 2013

(PS) Motion to approve Minutes of May 23, 2013. (PM) Second.
Carried 4-0.

ITEM 4. Continued Public Hearing with respect to an application for a
Special Exception filed by Darin Greenleaf, 26 Merrimack Street,
Penacook, NH 03303 to convert a residential structure to a retail
business for the sale of arts and crafts for property located at
611 Suncook Valley Highway, Pittsfield, NH 03263
(Tax Map R39, Lot 12). The property is owned by Darin
Greenleaf and is in the LIGHT INDUSTRIAL/COMMERCIAL
Zone.

(CD) Part of the reason that we continued this application to tonight was to determine whether we needed to do an area Variance along with it. After researching this and talking to Matt Monahan (CNHRPC), it was determined that at this time you can proceed if you choose or wait until the 2015 assessments to come out to assess the property as a commercial property as opposed to a residential property. Basically, the piece of property is being taxed as a residential property in the Light Industrial/Commercial Zone and you want to convert it to a retail business. The tax map will read residential until 2015 and at that time, the assessors will bring it into compliance. However, if you choose, it can be converted over at this time.

Darin Greenleaf: Tax wise, will it make a difference? (CD) That is something that you will have to check at the Tax Assessor’s Office, but if you need to get a loan with a bank or do anything else like that with the property, it can make a difference. Darin Greenleaf: I bought the property about a year and a half ago; I would just as soon leave it as is till 2015. (CD) It will be reassessed in 2015 as a business in the Light Industrial/ Commercial Zone. Darin Greenleaf: If I wait for two years, will there be a back taxes penalty? If not, then I am better off leaving it as it is. (CD) Check with Cara; I am not 100% sure. It will bring everything into compliance. I have discussed this at length with Matt Monahan and researched it quite a bit; at this time, there is no problem with the Special Exception and that will drop you into what you need to do in that zone.

(PS) We wanted to make sure to do this right. The property was not in compliance and the Special Exception brings it back into compliance and the assessors will bring it back as a commercial property. The taxes might increase. (CD) We wanted to cross our T’s and dot our I’s as we did not want you to have to come back. Darin Greenleaf: This Board knows more than I do on this. (CD) Check with Cara and find out what the tax impact might be. (PS) You know what the tax impact is on your own business, perhaps that will give you an idea.

(PS) Motion to approve application for Special Exception on property located at 611 Suncook Valley Highway, Pittsfield NH 03263 (Tax Map R39, Lot 12) to convert a residential structure to a retail business for the sale of arts and crafts. (PM) Second. Carried 4-0.

(CD) You will now have to go before the Planning Board for a Site Plan Review. There is a thirty (30) appeal process also.

Jesse Pacheco, Building Inspector: The next step will have to be before the Planning Board for a Site Plan Review.

Also, I have one comment. In your packet with the application you will find a signed copy of Certification of Zoning Compliance. There will be one in your packet for each application that comes before the Board. This will get people in and out more efficiently. The form will direct the applicant to each step necessary to complete their project. His next step will be the Planning Board for a Site Plan Review.

(CD) As I mentioned, there is a thirty (30) day appeal process. You can get your paperwork at the office to be filed with Planning Board. I thank you for your patience and good luck.

Darin Greenleaf left meeting at 7:20 P.M.

ITEM 5. Members Concerns

(CD) I have a concern regarding the last application. It would be nice if we had some communication between this Board and the Building Inspector. I went through the chain of command to get some answers from Matt Monahan (CNHRPC). I had spoken to him and was waiting for him to get back to me. I had other people “speaking for me.” As Chair, I followed the chain of command and spoke to Town Administrator, BOS Chair, and Building Inspector. We need to work together on these things and all be in contact with each other.

Eric Nilsson from audience: I believe you are talking about me and if you would like I can explain. I would like to explain how that happened if you are willing. (CD) I do not think it is necessary that you address this. (EN) I am the Deputy Code Enforcement Officer and Vice-Chair of the Board of Selectmen. The reason why you were not contacted was that he did not have your E-Mail address. (CD) No, he did not have my E-Mail but he did have my phone number. We are not going into it now. We are not going to bash each other on this. We all just need to work together and that is my concern.

(PH) I have a question on a lot line adjustment and I have been talking to the Building Inspector. I want to make two non-conforming lots into two better non-conforming lots. After reviewing the forms, I note that they are a “bit daunting.” What about Home Occupancy? (CD) That is pretty much straight-forward.

ITEM 6. PUBLIC INPUT

Not addressed.

ITEM 7. ADJOURNMENT

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

Approved: July 19, 2013

___________________________ ___________________
Carole Dodge, Chairman Date

I hereby certify that these Minutes were recorded by me on June 13, 2013, transcribed and publicly posted on
June 19, 2013.

___________________________________________
Delores A. Fritz, Recording Secretary

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