MARCH 26, 2009 Minutes

These minutes were posted by the Zoning.

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

DATE: THURSDAY, MARCH 26, 2009

ITEM I. Call to Order at 7:02 P.M. by Ed Vien, Chairman

ITEM 2. Roll Call

Members Present: Ed Vien (EV) Chairman, Susan Muenzinger (SM), Vice Chairman, Carole Dodge (CD), Larry Federhen (LF), Alternate, and Delores Fritz, Recording Secretary.

Members Absent:

Paul Metcalf, Sr. (PM), Jesse Pacheco (JP), and David Rushford (DR), Alternate.

ITEM 3. Approval of Minutes of October 9, 2009

(CD) Motion to approve Minutes of October 9, 2009. (SM) Second. Carried 4-0.

ITEM 4. Public Hearing with respect to an application for a Use Variance filed by Laurel and Steven Bissonnette of 28 Sanderson Drive, Pittsfield, NH 03263 (Tax Mp R-24, Lot 1) for a Nursing and Convalescent Home (residential home care) facility. This property is located in the RURAL Zone.

(EV) I would like you to present your information as to what you would like to do, if Board members have questions we will address those, and then have Public Input and further discussion.

As you will note, there are only four members present on the Board tonight. If you would prefer to wait until five members can be present, that would be your prerogative. A majority of three would be required for tonight’s presentation in order to be granted. With the fifth member, your odds would change. Would you like to go forward tonight? Mrs. Bissonnette answered affirmatively.

Mrs. Bissonnette: “I do not know if you are familiar with the property, but it is the Sanderson Farm. It is a large, twenty-acre home and we would like to have a residential home care facility there. It would be for three residents and be a family-oriented assisted living for the elderly, aged 60 and above. We have renovated two of the bedrooms so far. The property is remote; the floor plan is ideal with a rural character, and on a dead end road. We raise our own meat and have gardens. It would be an affordable alternative to what was my primary job. I have applied to the State to get my license. There is really no conflict with the existing use. We have horses, cows and chickens. We have installed the appropriate smoke detectors system. We have two young children. The residents would be staying long-term and it is our intention to utilize Town facilities such as the Senior Center. This would benefit the Town and make the farm sustainable. The economy is what has driven us to do this.”

(SM) There would be no more than three residents? Mrs. Bissonnette: No more than three. The rest of the rooms, which would be our living quarters, are upstairs, and we would share the common living areas. There would be no more than three because State licensing becomes more cumbersome with more than three requiring the hiring of an RN. (SM) How infirm would these individuals be? Mrs. Bissonnette: They would be ambulatory, able to care for themselves and take medications though not suitable for a nursing home. (CD) So, it is a transition home? Mrs. Bissonnette: I see it as an extended family home. (LF) Does this require training on your part? Mrs. Bissonnette: Yes, I currently have a degree in Animal Husbandry but require additional training. She noted that if more than three residents, it would require a different State license. (LF) Who maintains the road leading up to the house? Mrs. Bissonnette: There are no other houses up there. The Town maintains the road. (LF) Has anyone from the Town come to look at the facility? Mrs. Bissonnette: Both the BI and the Fire Chief are expected for a walk through tomorrow.

Further discussion ensued concerning State inspections, Site Plan Review before the Planning Board and current septic system.

PUBLIC INPUT

Eric Person: I think this is a wonderful idea. It is a quiet, peaceful environment. There is a real nice view and people would have a nice place to be. We are all for it.

Close Public Input

(SM) I did drive up there and had some concerns about the driveway for ambulance and/or fire services. I contacted Fire Chief and he had no concerns about this noting that it was nothing out of the ordinary. Mrs. Bissonnette noted that the Town does a great job maintaining the road. She also noted that there is another access to the property via Mullen Drive.

CRITERIA

A. No diminuation in value of surrounding properties will be suffered.

(SM) No one would ever know it is there.

All Agreed 4-0.

B. Granting the Variance would not be contrary to the public interest.

(CD) There would be no impact.

All Agreed 4-0.

C. The zoning restriction as applied to the property interferes with the reasonable use of the property considering the unique setting of the property in its environment.

(SM) I think this is a good fit for the property and the structure. (EV) It is rather unique in this day and age.

All Agreed 4-0.

D. No fair and substantial relationship exists between the general purposes of the Zoning Ordinance and the specific restriction on the property.

(EV) I think it should be restricted to three residents and it is a big house. (CD) I do not think there is a conflict with the area around it.

All Agreed 4-0.

E. The Variance would not injure the public or private rights of others.

(LF) I agree with their response. (EV) There would be no increased traffic.

All Agreed 4-0.

F. Granting the Variance would permit substantial justice to be done.

(SM) There is a need for this type of facility. (CD) Look at how many old farms are being chopped up. (EV) Not all people like to live in the same type of facility. (CD) There are not a lot of choices out there.

All Agreed 4-0.

G. The proposed use is not contrary to the spirit of the Ordinance.

(SM) There is nothing contrary to the spirit of the Ordinance.

All Agreed 4-0.

(CD) Motion to approve Use Variance application for Laurel and Steven Bisssonnette, 28 Sanderson Drive, Pittsfield, NH for a nursing and convalescent home (residential home care) facility limiting occupancy to not more than three persons and compliance with
State Regulations. (SM) Second. Carried: 4-0.

(EV) explained to applicant the thirty-day appeal process.

ITEM 5. New Business

(EV) noted that (SM), (PM) and (LF) terms would be expiring April 1st.

ITEM 6. Members Concerns

(EV) Dee has contacted David Rushford via phone and letter and he has noted that he will send a letter of resignation.

(LF) What is the status of the Tilton Hill junkyard? (EV) It has gone to Court and the judge is considering it.

ITEM 7. Public Input

None

ITEM 8. Adjournment

(LF) Motion to adjourn. (CD) Second. Carried 4-0.

Meeting adjourned at 7:40 P.M.

Approved: June 11, 2009

___________________________ ________________________
Ed Vien, Chairman Date