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

DATE: THURSDAY, MARCH 14, 2013

ITEM 1. Call to Order at 7:00 P.M. by Paul Sherwood, Vice-Chairman

ITEM 2. Roll Call

Members Present:

Paul Sherwood (PS), Vice-Chairman, (PM), Romeo Dubreuil (RD), Christopher Smith, Alternate and Delores Fritz, Recording Secretary.

Members Absent:

Carole Dodge (CD), Chairman, Paul Metcalf, Sr. (PM),
John (Pat) Heffernan (PH).

Christopher Smith is seated on the Board.

ITEM 3. Approval of Minutes of February 14, 2013

(PS) Motion to approve Minutes of February 14, 2013. (RD) Second. Carried 3-0.

ITEM 4. Public Hearing with respect to an application for a Variance filed
by American Legion, Peterson-Cram Post, Merrill Vaughan,
Commander, P.O. Box 11, Pittsfield, NH 03263 to construct a
handicap ramp along the east exterior wall of the building and
other repairs to comply with the American Disability Act of 1990
(Tax Map U06, Lot34). The property is owned by American
Legion and is located in the URBAN Zone.

(PS) explained that the public hearings would be conducted according to the Rules of Procedure. We have a three member Board and all three votes are required to approve the Variance. If the applicant chooses, he can postpone the public hearing until a time when five members are present.

Merrill Vaughan: He explained the process by which The Home Depot would be constructing the ramp which would “come close to the fence line.” He explained that there would also be a bathroom constructed on the main floor. He noted that the American Legion is the only surviving veteran establishment in Town. “The American Legion is non-profit and though we have a building, we cannot hold meetings there because it is not handicapped accessible.

CRITERIA;

Mr. Vaughan reviewed all the Criteria as noted in the application.

Public Input:

Paul?: I believe we should extend every courtesy to our vets and their needs.

Karin Provencal: We are abutters to the Legion and are in favor of helping our vets in any way we can. I would like to see every courtesy extended to them. The property is not being used at this time and I think they should bring it up to code. It was active when we moved in.

Paul Provencal: My only concern is if they are going to do more than just the ramp. There should be safety rails and the steps should be fixed. I think thumbs up for this.

Merrill Vaughan: On the outside, we are just doing the ramp and the stairs.

Close Public Input

(PS) Any further comments? Board had no questions. (RD) I have no issues with this; it makes sense. (CS) I agree.

(RD) Motion to approve Variance for American Legion to construct a handicap ramp and other repairs to comply with the American Disability Act of 1990 (Tax Map U06, Lot 34). (CS) Second. Carried 3-0.

ITEM 5. Public Hearing with respect to an application for a Variance
filed by Mark and Rita Dickerson, 12 Joy Street, Pittsfield, NH
03263 to construct a handicap ramp on the front entrance of the
house located at 12 Joy Street, Pittsfield, NH 03263
(Tax Map U03, Lot 51) not within the setbacks. The property is
owned by Mark and Rita Dickerson and is located in the
URBAN Zone.

Mr. Dickerson: The porch and stairway were in disarray and falling off the house. My wife has MS and severe walking issues thus the need for a ramp versus the stairs.

Mr. Dickerson reviewed all the Criteria as noted in the application.

Public Input:

Paul Rogers: If it is necessary for life and to get around her home, it would be fine. Otherwise, she would not be able to come and go.

Karin Provencal: If it is necessary for her to get around, I have no concerns about it.

(PS) Part of the bracing is in the right of way. A condition of approval could include that the ramp be removed when it is no longer needed by Mrs. Dickerson. He read from the Zoning Ordinances, Page 24, Article 7. (See Attached.) “…….that the Variance shall survive only so long as the particular person or persons has a continuing need to use the premises.” It does not go with the sale of the property.

(RD) Motion to approve Variance for Mark and Rita Dickerson, 12 Joy Street, Pittsfield, NH 03263 to construct a handicap ramp on the front entrance of the house at this address with the condition that the status will be reviewed when the ramp is no longer needed by Mrs. Dickerson.
(CS) Second. Carried 3-0.

ITEM 6. Public Hearing with respect to an application for a Variance for
reduction of parking filed by Paul Rogers, P.O. Box 54, Pittsfield,
NH 03263 for property located at 44 Main Street, Pittsfield, NH
03263 (Tax Map U03, Lot 86). The property is owned by Moo-
Veez Galore, LLC, Paul Rogers and located in the
COMMERCIAL Zone.

Paul Rogers: The building that Jitters Café is housed in currently does not meet fire codes. I recently closed Moo-Veez Galore. There is not a lot of business coming in and to save Main Street I would like to move the café to that building.

Paul Rogers read from the Criteria as noted in the application.

I also rent additional parking spaces in addition to the on-street parking. This would make Main Street livelier. There are now eleven (11) parking spaces from in front of Volpe which makes about thirteen (13) spaces as well as across the street and in front of Dustin Park. The café there would not reduce the number of parking spaces such as for the Library which is open later and would not hinder the public using the Library.

Public Input

Paul (?): I have been a resident of Pittsfield for over sixteen (16) years and have seen businesses come and go. It would put a hardship on Paul if you deny him doing business in Town. I want to see businesses on Main Street. The thing to do would be to grant him this.

Carol Lambert: I echo what he has said. Paul Rogers does a wonderful job with the café. He is a wonderful ambassador for Pittsfield. Pittsfield does not have a lot going for it and Jitters is one of our stars. His building looks good and it is the right thing to do. To hold it up because of parking, we would never get anything done.

Karin Provencal: I am in favor of this. I work with Paul at Jitters. He does so much good such as donations to the Fire Department and Police Department when there are happenings in Town providing them with coffee and muffins – he makes sure they are taken care of. I am absolutely for it. I know my husband, who has just stepped out of the room, is for it also.

Close Public Input

(RD) Motion to approve Variance for Paul Rogers, 44 Main Street, Pittsfield, NH 03263 (Tax Map U03, Lot 86) for reduction of parking.
(CS) Second. Carried 3-0.

ITEM 7. Members Concerns

None.

ITEM 10. Approval of Proposed Junk Yard Certificate of Approval Form

(PS) We have a proposed form for Junk Yard Certificate of Approval which requires approval by Board for use. This is not for any specific business but is just for the approval of the blank application with fees to have in place when needed. This form is needed for completion by the two existing junkyards in Town which are “grandfathered” though they still have to be compliant. We are just trying to get the application in place. He suggested an addition to Page 2, last sentence should include, “The corners of the proposed junkyard area can be located by GPS coordinates.”

(RD) Three junkyards in Town are enough. If someone comes before the Planning Board asking for a junkyard, they would obviously ask for a survey of the area. What about the groundwater from vehicles with fluids. Is there something that the State has in place regarding this? (PS) This would be regulated by DES.

(RD) I would like to study this and we could revisit it at the next meeting.
If it is going to be part of a new application for junkyards, I would like to
study it a little bit more. (PS) I think we have time to do that. (RD) What
about all the backyard garages that have multiple cards in the back of the
property. It is not easy to police this and it should be studies further.

(PS) Their license renewals are for July 1st. We can review it at the meeting on April 11th.

(RD) Motion to postpone deliberating on this proposed application form for Junk Yard Certificate of Approval until April 11, 2013. (CS) Second. Carried 3-0.
ITEM 8. Public Input

Jim Pritchard: Thank you for deferring this until your next meeting. Junkyards are a contentious issue and a snap decision could be a bad decision. Romeo has made some good points. Thank you for deferring it.

ITEM 9. Adjournment

(RD) Motion to adjourn. (CS) Second. Carried 3-0.

Meeting adjourned at 8:30 P.M.

Approved: April 11, 2013

____________________________ ____________________
Paul Sherwood, Vice Chairman Date

I hereby certify that these Minutes were recorded by me on March 14, 2013, transcribed and public posted on March 21, 2013.

_______________________________________
Delores A. Fritz, Recording Secretary

I Tape
Attachment