JUNE 4, 2009 Minutes

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

DATE: Thursday, JUNE 4, 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, Daniel Greene (DG), Jim Pritchard (JP), Rich Hunsberger (RH), Dan Schroth (DS), Ted Mitchell (TM), Alternate, Clayton Wood (CW), Alternate, Kyle Parker (Building Inspector, BI), and Delores Fritz, Recording Secretary.

Members Absent:

None.

ITEM 3. Approval of Minutes of May 7, 2009

(BM) Motion to approve Minutes of May 7, 2009. (FH) Second. After Discussion: Carried 5-0 (FH) and (DS) Abstain.

Discussion: (JP) had multiple corrections/additions to Minutes (see attached) on Pages 1, 2, 4, 5, 6, 7, 8, 9, 12, 13, 14, and 15 which were corrected by him and text submitted as final record of Minutes.

ITEM 4. New Business

a. Letter – Paula M. Belliveau

After review of the letter, Board determined that this would be a code enforcement issue. BI agreed.
b. Notice of Intent to Excavate – Paul E. Metcalf, Jr.
Bill Miskoe and Jim Pritchard recused themselves and were seated in the audience.

Ted Mitchell, Alternate and Clayton Wood, Alternate were seated on the Board. (7:20 P.M.)

(GL) This is a BOS enforcement issue. Review of site was discussed and the current use as opposed to the gravel area, location of excavation, and direction as to how it has expanded. Addendum on original Notice of Intent to Excavate by Board of Selectmen was read into Minutes.

(GL) noted that Planning Board would wait for BOS to offer more information on this.

Jim Pritchard returned and was seated on the Board (7:25 P.M.)

c. Martin Dieter – Letter of Exception

Bill Miskoe also recused himself and remained seated in the audience. Ted Mitchell returned to audience and Clayton Wood, Alternate remained seated on Board.

After review of Letter of Exception and discussion as to use of area requested for Waiver:

(DG) Motion to approve Waiver (Letter of Exception) Martin Dieter,
5 Main Street, Pittsfield, NH. (JP) Second. Carried 7-0.

Clayton Wood was seated in the audience and Bill Miskoe returned and was seated on the Board.

d. DES Letter Re: Roy Richardson’s Auto Salvage

(GL) related that this is an informational letter and it was not necessary for PB to do anything on this matter.

e. CNHRPC Letter Re: Workshops

(JP) What are these workshops? Board agreed they would like more information on these workshops. (GL) to call to determine what kind of workshops would be available.

f. Proposed Amendment to Pittsfield Subdivision Regs

(BM) noted that the reason for this suggestion was because of a request from Public Works Director if it was possible for PB to create criteria for acceptance of road in subdivision regulations.

Board discussed whether Zoning Ordinance change could provide that restriction (No.), who could adopt this type of policy (BOS and Town Meeting), whether criteria could be adopted to allow this after a minimum of housing had been accomplished and other issues pertaining to acceptance of a road.

(BM) After noting comments from Laura Spector and Matt Monahan, as far as I am concerned, no further discussion on this issue is necessary.

g. Planning Board Composition

(JP) Last week, I had mistakenly assumed that terms had to be staggered with 2 members elected in one year, one member elected in the second year, and one member elected in the third year. That term staggering would mean that there was at least one person elected each year. I have since realized that terms could be staggered 2-2-0 and that the “0” could be at any phase of the term rotation. That being the case, there is no way to determine that anybody would have been in an election, not just the three people who were at the bottom. It applies the same to everybody. I wanted to clarify that matter because I had said that the people who took the second seats might have a lesser claim, and that conclusion was based on a mistaken understanding of how the terms had to be staggered.

Board discussed whether this membership issue should go before Town Meeting, Special Town Meeting, and Planning Board dealing with matter rather than BOS. (GL) We have a letter from the Town Attorney recommending a special town meeting to confirm the expansion of the planning board to 7 members. (JP) I wrote a letter to the BOS saying that the Town Attorney’s recommendation makes things worse. (FH) Other attorneys and the Secretary of State said that you can do a special meeting or go to court. (JP) My objection is not specifically to a special town meeting. My objection is to confirming the expansion to 7 members. It is my opinion that, in view of the two recent town meetings rejecting the BOS authority to appoint planning board members, BOS should have waited for us to discuss before going to Town Attorney for an opinion. I was at the BOS meeting two meetings before last, and I asked them to write a letter to the Planning Board encouraging the planning board to have a meeting before the end of May to discuss this. I have not seen such a letter.

Board discussed the various past Minutes and Town Meeting Minutes that commented on seven member board though no actual Warrant or vote could be found to enlarge Board from five to seven members.

(BM) If the Town Attorney recommends a special town meeting to regularize this, that sounds like a reasonably good way to do it to me. (JP) What does “regularize” mean, Bill? (BM) Vote on whether to have a 7-member board. (JP) This vote would only create two new seats, but you do not say who sits in them. That’s the problem. The special town meeting cannot put anybody in those two seats. I have checked this; only the annual town meeting can elect planning board members. The expansion solves nothing, although it does hide the problem. A special town meeting can neither appoint nor elect planning board members. Only the planning board itself can appoint members to vacant seats, which the planning board cannot do here because creating two empty seats will not identify who are the lawful members. Because the terms could be staggered 2-2-0, we do not know that anybody is a lawful member. (BM) We are all illegally elected is what it amounts to. (JP) Because the “0” could be at any phase of the term rotation, there is no way to say that anybody on this board is a lawful member. Nobody. (BM) I agree.

(GL) Are we going to let the Board of Selectmen go with the last option as suggested in letter of Christine Fillmore dated May 15, 2009: “…? The Selectmen might declare that the entire Board was elected improperly”? (JP) “No, I do not think that the selectmen can do that either. Where is their authority to do that?” BOS is the agency that caused this problem by appointing too many people in 1972 and by putting onto the 2007 warrant an incomplete article to elect the planning board. (JP) related that he has not exhausted research of past warrants and that that BOS is “jumping the gun” before research can be completed.

Board agreed that this problem cannot be fixed before next March because fixing the problem requires the town meeting’s power to elect planning board members, which is a power that only the annual town meeting has. Board also agreed that the worst thing that could happen from waiting would be an appeal of a new land use decision, which would put the membership problem before a judge, who would solve the problem for us. (RH) noted that waiting until March is the cheapest and easiest way to solve the problem.

(FH) Motion to put this to rest and settle at Town Meeting in March 2010. (DS) Second.

Discussion: (JP) If BOS decides to do a Special Town Meeting, we cannot control the BOS. What we are saying is a little bit vague. What I would like to see is things slowed down. This cannot be solved before March. I do not know what I would want to include in Motion. (RH) and (DG) both agreed that BOS should know how we feel and it is best to wait.

After further discussion Motion and Second were amended to note:

(FH) Motion to put this to rest and settle at Town Meeting in March 2010
This is our recommendation to Board of Selectman after carefully considering all avenues before us. (DS) Seconded amended version.
Carried 6-0 (JP) Abstain. (JP) explained that he abstained because he was unsure of the motion language.

(FH) I would like to ask (JP) to research this a little bit more. Would you be willing to come up with the Warrant for this in 2010? (JP) agreed.

ITEM 5. Selectman’s Report

(FH) noted that the tax bills are a bit late in coming out because of waiting for assessors to complete abatements, which is about $30,000 in tax monies. Out of about sixty abatements, 12-15 were denied and the rest approved.

ITEM 6. Building Inspector

1. Copy of PB Budget has been provided to all members.
2. Amenico – I am meeting with them on June 5th to go over what they have and need to do.
3. Chase Refund – I have attempted to determine actual number of hours this application utilized. My approximation would be about two hours for Dee and one hour for myself.
(GL) I have talked to Town Administrator, and it was noted that Planning Board does not handle money. I am having BI provide copy of PB Budget each month so that budget is not over spent. (FH) Quarterly would be sufficient. (RH) Budget is for PB and ZBA so there is no way to regulate it. Board discussed how funds for inspection fees, building permits and other fees are dispersed. (GL) Fred, you suggest a quarterly report? (FH) Yes, Cara prints them out and she is pretty prompt about it. I will ask her if she will give us a quarterly budget report.

ITEM 7. WORK SESSION

(GL) The Rules of Procedure, is it the way we want them? Board had several changes to make. (See Attached).

After suggested changes to Rules of Procedure:

(JP) At next meeting in two weeks, we will presumably agree on this, and then either invite the public or just vote on these changes.

(GL) noted that for future work sessions, he would like to start with cluster subdivision as the first problem child. (BM) suggested starting in the beginning with Table of Uses and Definitions. (JP) noted he disagreed strenuously. “I think we need to address those issues that are defined by State Law.” If people read a term, then it should be defined. Definitions should be precise and should mean what you think they should mean. Once we get that done, then we can discuss how we can deal with cluster. The Use Table involves important changes and effects property owners. The Table of Uses should be the last thing. (FH) I do not agree. (BM) When someone picks up the Zoning Ordinance, the first thing they look at is the Table of Uses and whether they can do what they would like to do in that particular zone. We should start with the Table of Uses, then definitions and then go on to cluster. (JP) I agree that the Table of Uses is the heart of the Zoning Ordinance. They would look at the Table of Uses and still have to go to definitions to find out what particular uses are. You do not shuffle the Y’s, the E’s, and the N’s in the Table of Uses around first. There are property owners who have come to depend on Table of Uses as it is. The same thing is going to happen as happened last year. (BM) noted that he did not wish to make major changes in the Table of Uses. He offered several examples such as fuel storage – oil and propane, sawmills, and airport but noted that he did not have his notes with him tonight and would have his detailed list for the next meeting.

(JP) noted that you have to comply with State law. The Zoning Ordinance has to be legal. (BM) said that if someone wanted to build an office building and wanted a helicopter pad on the roof, then it should be included in the Commercial district. (JP) said now there we have a bit of a problem. Airplanes and helicopters have been notoriously troublesome, and we should not bundle it in with a comprehensive revision. (TM) suggested Board compare the citizen petition as filed last year to the Zoning Ordinance and then clean up the rest. (BM) The citizen petition does not solve them, it perpetuates them. We are trying to do a comprehensive review and trying to encourage building in the commercial zone. (JP) said that a lot of people in town may not want helicopters in the Commercial district. Do you know if people in the Commercial district want helicopters? I certainly don’t. (BM) I don’t either. (JP) Bring in documentation that property owners in the Commercial district want heliports, and I will vote for it.

ITEM 8. Members Concerns

(FH) I think 9:00 P.M. should be our cut-off time for Work Sessions.
(BM) I agree, as long as there are no applications being heard.

ITEM 9. Public Input

None.

ITEM 10. Adjournment

(DG) Motion to adjourn. (BM) Second. Carried 7-0.

Meeting adjourned at 9:05 P.M.

Approved: July 2, 2009

___________________________ _________________________
Gerard Leduc, Chairman Date

I Tape

I certify that these Minutes were recorded on June 4, 2009 and posted on June 10, 2009.

________________________________________
Delores A. Fritz, Recording Secretary

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

TOWN OF PITTSFIELD
PLANNING BOARD

RULES OF PROCEDURE

I. AUTHORITY

These Rules of Procedure are adopted under the authority of New Hampshire Revised Statues Annotated, Chapter 676:1.

II. MEMBERSHIP; TERMS OF OFFICE; OFFICERS; VACANCIES

1. Pursuant to RSA 673:2, the Planning Board shall consist of
seven (7) members, six (6) of whom shall be residents of the community elected at Town Meeting, and the seventh member shall be a selectman designated by the Board of Selectmen as an ex-officio member with the power to vote.

2. Except for the Selectmen’s representative, members shall be elected in staggered terms pursuant to RSA 673:5. The membership of the Board shall be elected in such a manner so that two (2) members shall be appointed each year.

3. Term of Office shall commence upon election and after the Board member has been sworn in.

4. The Planning Board shall elect officers from its members, provided, however, that the Selectmen’s ex officio member shall not serve as Chairman. RSA 673:8 provides that the Board may create other officers as deemed necessary.

5. A Chairman shall be elected annually in the month of April or at such times as may be determined by the Board by a majority vote of the Board members present and voting. Said Chairman shall serve for one year and shall be eligible for re-election. The Chairman shall preside over meetings and hearings and shall make such appointments as the Board may direct and shall act for the Board on all matters not requiring a vote of the members.

6. A Vice-Chairman shall be elected annually as provided in No. 5 above. The Vice-Chairman shall have the full powers and duties of the Chairman on all matters that come before the Board during the absence of the Chairman.

7. A secretary shall be appointed as needed. The secretary shall be responsible for preparing and maintaining minutes of all meetings and hearings, and for filing minutes with the Town Clerk as provided by RSA 91-A:2, II, and for such other functions as the Board shall direct. However, the Board may retain a recording secretary whose minutes shall be reviewed by the Board for accuracy. The Secretary shall countersign the Chairman’s endorsement of the Board’s approval on plats and other documents as required. In the absence of the Secretary, the Vice-Chairman shall countersign the endorsement of the Board’s approvals.

8. An elected Planning Board may appoint five (5) alternate members for a term of three (3) years each, which shall be staggered in the same manner as elected members pursuant to 673:5, II.

9. Removal of members shall be in accordance with
RSA 673:13, II: after public hearing, elected members and alternates may be removed by the Board of Selectmen upon written findings of inefficiency, neglect of duty, or malfeasance in office.

III. ADMINISTRATIVE ASSISTANCE

The Office of the Building Inspector or the Office of the Town Administrator shall provide administrative assistance to the Board. The assistance shall ordinarily include the following:

1. To receive applications and fees for Site Plan Approvals, Subdivision of Land, Mergers of Lots, Boundary Line Adjustments, Earth Excavations, requests to amend the Zoning Ordinances, applications for Driveway permits, requests for re-hearings, and other filings that are required to be received and heard by the Planning Board.

2. To review all applications or filings under No. 1 above and to prepare a written report or oral presentation for the Planning Board on such filing with regard to any deficiencies within such applications.

3. To conduct such correspondence as the Board may direct regarding applications submitted under No. 1 above or the enforcement of orders of the Board.

4. To provide other administrative assistance as may be required in order to fulfill the obligations of the Board.

IV. MEETINGS AND HEARINGS

1. Meetings shall be regularly held each month on the first Thursday at 7:00 PM. Notice of the time and place of each meeting shall be given to Board members and alternates and shall be posted in two places in the Town, at least 24 hours, excluding Sundays and legal holidays, before such meeting, as required by RSA 91-A:2, II. The Board shall hold work sessions as needed; they will ordinarily be held on the third Thursday of each month at 7:00 PM.

2. Regular or special meetings of the Board shall be held in Town Hall unless the Board shall vote to meet at some other different place for a particular meeting.

3. Special meetings of the Board shall be held at the call of the Chairman or by written request of a majority of the Board members.

4. Any Board member who will be unable to attend a meeting shall notify the Chairman, Vice Chairman, Town Administrator, or Building Inspector as soon as possible. The Board encourages members and alternate members to attend all meetings of the Board. Members who are consistently absent may be subject to removal in accordance with RSA 673:13.

5. Public Hearings on applications and approvals for the actions under the jurisdiction of the Board will be held in conjunction with the regular meeting. Notice of each public hearing shall be sent by certified mail to the applicant and every abutter, shall be posted, and shall be published in a newspaper of general circulation in the area for not less than five (5) days before the date fixed for the hearing of the appeal. Notice shall also be given to the Board of Selectmen and to others whom the Board feels may have an interest in the case.

6. A public hearing shall be held within thirty (30) days of receipt of a completed application.

7. Following the approval of a subdivision, the Chairman or Vice Chairman and Secretary will sign and date the Plot Plan and instruct that the Plan be recorded with the Registry of Deeds within 10 calendar days of approval.

Should a subdivision be conditionally approved, the Plot Plan will be signed following the receipt of documentation that substantiates fulfillment of said conditions.

8. All meetings and records of the Board shall be open to the public in accordance with RSA 91-A:4. Minutes shall be available within five (5) business days of the Board meeting.

V. QUORUM

1. A quorum for all meetings of the Board shall be four members, including alternates sitting in place of a regular member.

2. If any regular Board member is absent from any meeting or hearing, or disqualifies himself from sitting on a particular case, the Chairman shall designate an alternate member to sit in place of the absent or disqualified member, and such alternate shall be in all respects a full member of the Board while so sitting.

3. An affirmative vote of a majority of members voting on a motion shall be sufficient for adoption of the motion. Members of the Board present may be counted to determine whether a quorum is present although they may abstain from voting affirmatively or negatively. Persons abstaining shall not be considered “members voting” in determining whether a motion has been adopted. Members are expected to vote on matters before the Board, unless that member has recused himself/herself. Abstaining from a vote is discouraged, unless the issue pertains to business that took place when the member was absent.

VI. DISQUALIFICATION

If any member shall find it necessary to disqualify himself from sitting in a particular case, he shall notify the Chairman, Building Inspector, or Town Administrator as soon as possible so that an alternate may be requested to be present to sit in his/her place. The disqualification shall be announced by either the Chairman or the member disqualifying himself before the beginning of the public hearing on the case. The member disqualifying himself shall absent himself from the Board table during the public hearing and during all deliberation on the case in accordance with RSA 673:14: No member of the Planning Board shall participate in deciding or shall sit upon the hearing of any question which the board is to decide in a judicial capacity if that member has a direct personal or pecuniary interest in the outcome which differs from the interest of other citizens, or if that member would be disqualified for any cause to act as a juror upon the trial of the same matter in any action at law. Reasons for disqualification do not include exemption from service as a juror or knowledge of the facts involved gained in the performance of the member’s official duties. (See RSA 673:14, I.) RSA 500-A:12 provides that any juror may be required by the court, on motion of a party in the case to be tried, to answer upon oath if he:

(a) Expects to gain or lose upon the disposition of the case;
(b) Is related to either party;
(c) Has advised or assisted either party;
(d) Has directly or indirectly given his opinion or has formed an opinion;
(e) Is employed by or employs any party in the case;
(f) Is prejudiced to any degree regarding the case; or
(g) Employs any of the counsel appearing in the case in any action then pending in the court.
If it appears that any juror is not indifferent, he shall be set aside on that trial.

VII. ORDER OF BUSINESS

The order of business for a regular meeting shall be as follows:
1. Roll call and confirmation of a quorum.
2. Minutes of the previous meeting.
3. Public Hearings on completed applications for subdivision or site plan.
4. Public Hearing on design review stage of subdivision.
5. Conceptual consultation of subdivision or site plan.
6. Other business.

VIII. CONDUCT OF PUBLIC HEARINGS

The conduct of Public Hearings shall be governed by the following rules:

1. The Chairman shall declare the hearing in session.

2. The applicant shall be called to make his/her presentation on the request.

3. The applicant shall be allowed to speak to the comments and/or testimony of those in opposition to the proposed action.

4. Members of the Board may ask questions at any point during the presentation. Questions shall be directed through the Chairman.

5. Any person who is not a Board member or alternate and who desires to ask a question of another person must do so through the Chairman.

6. The Chairman, at his/her discretion, may permit other interested persons to speak or to ask questions pertinent to the application.

7. Each person who speaks shall be required to state his/her name and indicate whether he/she is a party to the application, or an agent or counsel to the application, or an abutter or other interested person.

8. The hearing on the application shall be declared closed, and the next application called up.

IX. JOINT MEETINGS AND HEARINGS

1. RSA 676:2 provides that the Planning Board may hold joint meetings or hearings with other Town “land use boards,” including the Board of Adjustment, the Building Code Board of Appeals, and the Inspector of Buildings, and that each Board shall have discretion as to whether to hold a joint meeting with any other land use board.

2. Joint business meetings with any other land use board may be held at any time when called jointly by the Chairman of two boards.

3. A public hearing on any appeal to the Board of Adjustment will be held jointly with that Board only under the following conditions:

i. The joint public hearing must be a formal public hearing on appeals to both boards regarding the same subject matter.

ii. RSA 676:2 requires that the Chairman of the Planning Board shall Chairman the joint hearing.

iii. The provisions covering the conduct of public hearings, set forth in Section VIII of the bylaws, together with such additional provisions as may be required by the other board, shall be followed.

iv. The other board shall concur with these conditions.

X. APPLICATION FOR SITE PLAN OR SUBDIVISION APPROVAL

1. Each application for approval of actions under the jurisdiction of the Board shall be made on forms provided by the Board and shall be presented to the Office of the Building Inspector. The person receiving the application shall stamp it with the date received, note the fee paid, and initial it.

2. The Building Inspector shall inform the applicant of any deficiencies and assist him/her in modifying the application as necessary to comply with applicable requirements, regulations, and/or ordinances. It is the desire of the Board that applicants be assisted in all matters appropriate to insure an efficient approval process.

3. The Board will cause notice of public hearing to be given and will act at its regular monthly meeting on all applications that are properly completed and received at least fifteen (15) days before the date of said meeting.

4. Within ninety (90) days after submission of the completed application, the Board shall act to approve, conditionally approve, or disapprove the application. The result of the Board’s decision will be made available for public inspection within 144 hours, as required by RSA 676:3, and shall be filed with the records of the Board. If the application is denied, the notice shall include the reason therefor.

XI. INSTRUCTIONS TO APPLICANTS

The Board shall provide written instructions to any person who may inquire about filing an application for any land use control under the jurisdiction of the Board.

XII. COMMUNICATIONS

Any communications, advertising, or letters to the editor by the Planning Board or any committees appointed by the Planning Board must be reviewed by the Town Administrator and approved by the Planning Board.

XIII. AMENDMENT

These Rules of Procedure may be amended by a majority vote of the Board members present and voting.

CERTIFICATION

These Rules of Procedure were adopted by a majority vote of the Pittsfield Planning Board on

____________________, 2009

___________________________________
Gerard Leduc, Chair

___________________________________
Bill Miskoe, Vice Chair

___________________________________
Dan Greene

___________________________________
Rich Hunsberger

___________________________________
Jim Pritchard

___________________________________
Dan Schroth

___________________________________
Fred Hast, Selectman Ex Offic