JUNE 18, 2009 Minutes

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

DATE: THURSDAY, JUNE 18, 2009

ITEM 1. Call to Order at 7:00 P.M. by Gerard Leduc, Chairman

ITEM 2. Roll Call

Members Present:

Gerard Leduc (GL), Chairman, Bill Miskoe (BM), Vice Chairman, Fred Hast (FH), Selectman Ex Officio, Jim Pritchard (JP), Dan Schroth (DS), Ted Mitchell (TM), Alternate, Clayton Wood (CW), Alternate and Delores Fritz, Recording Secretary.

Members Absent:

Rich Hunsberger (RH) and Dan Green (DG)

Ted Mitchell (TM) Alternate and Clayton Wood (CW) Alternate were seated on the Board.

ITEM 3. Approval of Minutes of June 4, 2009

(BM) Motion to approve Minutes of June 4, 2009. (TM) Second.

(JP) There are a number of things that should be changed under Planning Board Composition Page 3, g.

Board agreed to table this matter until copies of changes as proposed by (JP) could be made.

ITEM 4. New Business.

a. Bailey Park – Trigger Development

(GL) Bill, you were on the Board when this went through. (BM) noted that Louis Berger has inspected the road at Bailey Park because developer has requested that BOS accept road. It is my understanding that it is not properly completed. I am unsure what Trigger Development wants at this point. (FH) They are requesting acceptance of road and release of bond on it. Has anyone gone out there lately? (BM) Anytime it rains there used to still water. Bailey Park is not ready for acceptance and this is not a Planning Board issue. The Planning Board has done their part and now it up to BOS to accept as a Town road. (FH) I recommend it go to Town Meeting. (JP) I am not sure that Planning Board has nothing to say about it. (JP) read from RSA 674:36, III, (b): “As phases or portions of the secured improvements or installations are completed and approved by the planning board or its designee, the municipality shall partially release said security to the extent reasonably calculated to reflect the value of such completed improvements or installations.” (BM) Once the bond is accepted, it is up to the BOS regarding completion and acceptance. After further discussion, (BM) noted that this is really moot. Trigger Development, Building Inspector and Road Agent should get all input before deciding whether road is complete. The guidelines are set by the Subdivision Regulations, Berger oversees the work that is done and is not empowered to request work, just to oversee what is done.

b. Special Town Meeting Questions

(DS) What is this costing the Town? (FH) explained the noticing process, involvement of Supervisors of Checklist, Moderator, ballot clerks, set-up and tear down of equipment for election. (DS) How about lawyer fees? This is a waste of a lot of people’s time. (FH) When we notice in paper, people are going to be saying: What is this? We should have a Public Hearing. We should write the ballot ourselves with two questions regarding the seven members and then the five members question. (JP) “The fact that people are probably not going to know what is going on is one of the reasons that I wanted to beef up that section our Minutes.”

(BM) How does BOS plan on wording these two questions? If seven members does not pass what is the second question going to say? If they decide on the five members and not the seven members, which five members will it be? (FH) explained that the Town attorney would be “formulating the second question” which has not yet been answered. (JP) I was at the BOS meeting and there was some talk about the BOS making the determination of what 5 members would serve if the 7 question didn’t pass. I do not know where they get the authority to do that. (FH) Yes, there was talk about that. They seem to feel that they should abolish this board here and appoint 4 until Town Meeting. (BM) noted that the second question would be complicated if the first one does not pass. (FH) That is why we should have a Public Hearing to explain. This should be at the High School. The BOS have “got the ball now.” (JP) It was a unanimous vote of the BOS.

c. Notice – Town of Gilford

(GL) This is for a cell tower and any time this comes up, surrounding towns are supposed to be notified. No action is required by this Board.

d. Memo – Rodrigo Marion Re: TEP

(TM) We could not do anything even if we wanted to what with the economy the way it is, though it would be nice.

e. Letter – DOT Re: Darrah Driveway Permit

(BM) No action is required by this Board. Mr. Darrah needs to send to the DOT the requested information. They may be requesting some things, but no action is required by this Board. (JP) His Site Plan is not approved yet because the approval was conditional. (BM) We do not have any grounds to revoke our approval. (FH) Didn’t he say he has put in a permit? (JP) He did, but I talked to Susan Soucie, NH DOT, and, apparently, he was a little bit ahead of himself that night. (BM) Planning Board has to do nothing until State requirements are not met. (GL) This is just informational. (JP) The DOT felt it was important to write a letter warning Mr. Darrah. They apparently suspect that someone might try to get ahead of himself. (FH) Both driveways there have been that way forever. (JP) The DOT is keeping us informed.

ITEM 3. Continued – Approval of Minutes of June 4, 2009

(JP) It is important that people know why we would like the town meeting to wait until March. (BM) Inasmuch as the BOS has pre-empted this Board, how much time do we have to spend grinding out details that are functionally irrelevant? I say we accept the minutes as presented and get on with our work session. (DS) I have concerns that we are making it more difficult for our recording secretary. He related that he felt he started this process by asking at one time that a portion of the Minutes be done verbatim. I would not have done this but they were needed for a court case. (BM) related that he had been on the Board for a period of time and Dee has done an excellent job. I do not want to spend a great deal of time on Minutes every meeting. I am requesting to move the motion to a vote on Dee’s minutes as written by her.

(JP) explained that he had made some additions, and done all the work on the revision of the Minutes. It is one extra page. We are talking about a matter that questions the legitimacy of this board. The planning board composition problem is one of the most important things we have done. If we cannot read one extra page, I do not think we are credible in this matter. (DS) This is the third time. (JP) No, this is the second time. (DS) I am worried about next time. (TM) The point is we have a recording of the meeting. If this was the only record we have, but since we have the recording, we do not need to go into such detail. (JP) The minutes are on the Website. Listening to tapes is not nearly as easy as reading minutes. No one is going to think we had good reasons if we don’t set them forth. This is the most important thing we have ever done. I will create the final document for filing. If people on Board cannot read an extra page, they should not be on Board. (CW) noted that Board spent great deal of time on Minutes and noted he had asked if it was going to be the norm, and the response was that it would not. The next meeting, again we talked about minutes. We are spending more time talking about Minutes than on the Work Session. I asked (JP) if this was going to be the standard, and he replied “No.” Jim has been kind enough to do all the work; we should allow him to do this. This is not going to be the norm.

(FH) Dee transcribes the Minutes. She does a good job. I have no problem with Dee’s Minutes. (BM) I withdraw my Motion on approval of the Minutes as presented by Dee. (TM) Withdraw Second. (JP) Mrs. Fritz is not responsible for the final draft; otherwise we would not be approving them. The BOS should know why we reached this conclusion.

(JP) Motion to approve the Minutes of June 4, 2009 as I have revised them. (TM) Second.

Discussion: (CW) noted that the Rules of Procedures end at number VIII and should go to XIII. Five sections of the Rules of Procedure are missing from the minutes. Board decided that the Minutes should be brought back in a complete form and be tabled until draft is complete. (BM) said that (JP), not Dee Fritz, should be given an opportunity to add the missing Rules of Procedure sections. (JP) I will do the whole thing myself.

(JP) Withdraw Motion to approve Minutes of June 4, 2009.
(TM) Withdraw Second.

ITEM 5. Selectman’s Report

(FH) BOS had decided that a Special Town Meeting will be held. They are going back to the Town attorney for responses to a couple of additional questions.

ITEM 6. Building Inspector Report

Building Inspector, Kyle Parker (KP) noted that there is nothing new that will be going before the Board. The letter from Amenico is strictly informational at this point.

(BM) noted, “We are half way through the year, how many Building Permits have been issued since the beginning of the year?” (KP) There a lot of garages, remodeling, that sort of thing – no new construction.

(JP) I was asked by resident as to the status of Dan Schroth matter. (KP) I wrote a letter about a week and a half ago giving him the timeframe of twenty days and advising that it will probably go forward after that for legal action. (DS) Just to note, I am still selling benches. (JP) I was asking about code enforcement. (KP) I am following the proper channels and I would have to go before Court. (BM) You mean like a land use citation? The Board would need a copy of that letter. (KP) I will put it in the folders.

(FH) noted he wanted to note that the BOS has appointed Ted Mitchell to the ZBA. Board questioned possibility of conflict of interest, but ultimately agreed that Planning Board member can also serve as Zoning Board member without a conflict of interest.

ITEM 7. Members Concerns

(DS) There are several other things I should be doing tonight, though I wanted to straighten out this matter about the Minutes. He reiterated to Board that when you control the land, you control the people. What are we actually doing to help the people? People are looking for work. Wages have not gone up but everything else has. We are killing the seeds because of the zoning. Barnstead has a good Planning Board. What I am saying is the truth. There is not enough employment out there for people mostly because of manufacturing losses. We have to just stop spinning our wheels and help the people.

Break 8:00 P.M. Resume at 8:05 P.M.

(DS) requested to be excused and noted that he would not be available in January, February or March, as he will be out of the country. (GL) excused Dan Schroth from the rest of this meeting.

(DS) left meeting at 8:07 P.M.

ITEM 8. Work Session

(TM) I recommend we prioritize and do issues that are easier to deal with and then get to the harder stuff. Otherwise, we are going to get mired in the “hard stuff.” Anything that could be a decisive issue, we should wait until the end.

(JP) I had asked back in April for members to state their opinions on my Citizen Petition of the Zoning Ordinances. The Planning Board never gave any reasons for opposing it and would not say why they are against it.

(GL) I would like to start with first page and go through it. (JP) “Which document are you talking about?” (GL) They can be merged. You have some and (BM) also has some.

(BM) noted that (JP’s) Citizen Petition is very well crafted but the Table of Uses and Definitions need to be changed. We should not be locked in to use it as an unchangeable document.

(TM) Motion that Jim Pritchard’s Citizen Petition of Zoning Ordinances be used as a basis for Zoning Ordinances changes. (CW) Second.

Discussion: (BM) How much flexibility do we have on this. We should not be locked in. (FH) noted that a letter has been submitted by (JP) to the BOS. (He read letter into the Minutes.) (JP) noted that these are a strictly topical description for the ballot. I happen to think it is more informative than what Mr. Lamson said should go on the ballot which is very confusing. (TM) Jim did that at the request of this Board. We can use it as a basis. (CW) Logistically, how can we work on two documents at one time? This is crazy at best. What (JP) has basically asked is if Planning Board can utilize the Citizen Petition? It deserves a decision by Board. I think his document is much better and perhaps we can agree on adopting this document for discussion. It was noted that citizens in Town have told us that this has a lot of merit.

(BM) I raised the question as to just how binding this is. (JP) I need to know what the problem is. Some objections have been raised and I am going to listen to what everybody has said. (CW) We should use only one document. (GL) Let’s start with one thing and vote on if Board wants to work with his.
Vote: 6-0.

(BM) The structure is good. Let’s start with the Table of Uses. (TM) I recommend going page by page. Board agreed date would be changed, and not to change Table of Contents until later. After brief discussion, a motion was made:

(BM) Motion to amend proposed Zoning Ordinances specifically Article 1, Section 6 as amended by Jim Pritchard which will be provided in written form. (See Attachment I.) (TM) Second. Carried 6-0.

Board further discussed Article 10, Manufactured Housing and Manufactured Housing Parks, and penalty clauses noted within the proposed document.

Table of Uses, Airport/Helipad: (BM) noted it was not allowed in Commercial Zone and he would like to see businesses have use of helipad and change to E in Commercial Zone. (JP) related that airplanes and helicopters tend to be very problematic for residents and explained reasons for this observation. (BM) There is a lot of developable land and I would like to see helicopters allowed by Special Exception.

(BM) Motion to allow Airport/Helipad in Commercial Zone by Special Exception. (FH) Second. After Discussion Vote: Yes (BM), (FH), and (GL). No (CW), (JP) and (TM). Vote tied.

Discussion: (BM) It is not a perfect solution but makes a piece of land more attractive. Per questioning by Board member, it is noted that these amendments will be voted on as a package and not individually by voters and that amendments should be all be done at the same time rather than individually. It was noted that the Warrant Articles last year as proposed by Planning Board were interpreted by lawyers and were difficult to vote on. (JP) related that huge proposals have gone through in the past when there was more public confidence in the PB. We should let people pick and choose in the use table. I agree this is not the time to make changes in Use Table. (BM) noted several use table changes in the petitioned amendment and asked why these changes were special. (JP) Because I surveyed the town. (TM) reiterated the point that he made at the start of the Work Session that Board should be making the easy changes first.

ITEM 9. Public Input

None.

ITEM 10. Adjournment

(BM) Motion to Adjourn. (TM) Second. Carried 6-0.

Meeting adjourned at 9:00 P.M.

Approved: July 2, 2009

_______________________________ ____________________
Gerard Leduc, Chairman Date

II Tapes

I certify that these Minutes were posted on June 24, 2009

_____________________________________________
Delores A. Fritz, Recording Secretary

Minutes amended by Jim Pritchard and approved by Planning Board on July 2, 2009.