TOWN OF PITTSFIELD
ZONING BOARD OF ADJUSTMENT
TOWN HALL, 85 MAIN STREET
PITTSFIELD, NH 03263
DATE: March 27, 2008
ITEM I. Call to Order at 7:00 P.M. by Ed Vien, Chairman
ITEM 2. Roll Call
Members Present: Ed Vien (EV) Chairman, Susan Muenzinger (SM), Vice
Chairman, Larry Federhen (LF), Alternate and Delores Fritz, Recording
Secretary.
Members Absent:
Carole Dodge (CD), Paul Metcalf, Sr. (PM), Jesse Pacheco (JP).
ITEM 3. Approval of Minutes of January 10, 2008.
(EV) This will be deferred to next meeting since several of the members are
not present tonight.
ITEM 5. Conceptual Hearing with respect to proposed signage
configuration for Pittsfield Self Storage, LLC located on High Street,
Pittsfield, NH 03263 (Tax Map R-15, Lot 30). The property is located in
the COMMERCIAL/LIGHT INDUSTRIAL Zone.
(EV) This is not a hearing but rather just a meeting concerning the sign.
This is not a conceptual hearing so as not to prejudice ourselves. The sign
Ordinance is contained in the Zoning Ordinance, Article 9, Page 18.
Jeff Tuttle, Sign Gallery, Manchester, NH appeared as representative for
Pittsfield Self Storage.
(EV) Has anyone gone out to flag the area for the sign? Mr. Tuttle related
that Mike had told him to put stakes out for location of the sign. The main
reason we are requesting a 30 ft. high sign is due to the trees. Route 28 is
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not the most visible area for advertising purposes. He also indicated that for
installation purposes, the truck can only get to certain spots on the property
due to the terrain. (EV) explained that the preference was not to have a sign
sticking 50 ft. in the air. “I have measured several other signs in Town and
they measure at a maximum of about 20 feet. I noticed where the sign is to
be installed there is a 10 ft. drop.” Mr. Tuttle explained that they were not
trying to make it look “like a Las Vegas sign,” but we need to have
visibility. (SM) noted that the current sign is on a tree on Route 28 and is
visible. Mr. Tuttle related that this is just a temporary sign. (SM) Can you
move that size of sign closer to the corner of High Street? It would still be
visible from Route 28. It would be positioned more at the corner of the
property. Would that be feasible? I have gone by several times and noticed
the sign. Mr. Tuttle related that when you own a business, you have to
advertise for those not necessarily thinking about it. (SM) related, “It is not
a question of new business coming in every day. One has to have a specific
need, which you are fulfilling. I think a smaller sign in a better location
would be sufficient.” Mr. Tuttle reiterated that advertising is the most
important part. It is not as much as a “Here we are” but rather an
advertisement that people will view and call.” If you see the billboard, then
you might be interested. (SM) We have a storage facility on High Street
and there is no sign for that.
(EV) questioned whether they could cut some trees on Route 28 and lower
the sign? Mr. Tuttle noted that the State has a 20 ft. setback and our
dilemma is trying to fight the tree line. (SM) “I’m sorry, but you can see
the sign on the tree.” Mr. Tuttle noted that you are not supposed to have
signs on trees. (EV) noted that we would prefer a shorter sign averaging
about 20 ft. We would not like to come down the road and see a huge sign.
Mr. Tuttle noted. “If you are driving down Route 28, we would want to be
able to see the sign from the road.” We are battling the contour of the land.
The base of the sign to the top will be taller, but as you are traveling it will
not appear so. (LF) questioned, “How much of a drop-off is there?” Mr.
Tuttle related about 12-15 ft. and even at 30 ft. it will not clear the tree line,
but will just be a little bit more visible.
(EV) read the Zoning Ordinance.
Signs of whatever size and material shall be a permitted accessory use in the
Commercial and Light Industrial/Commercial districts of Town and on the
premises of businesses or permitted industry in other districts, provided that
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any such signs do not constitute a nuisance, in the opinion of the Zoning
Board of Adjustment, by emitting an unreasonable amount of light or noise
and are compatible with the surrounding area.
(EV) noted “There is not a whole lot we can do until you actually put it up.”
No matter what we say, you can argue differently. (LF) “How big is the
temporary sign?” Mr. Tuttle related that it was the standard size, about
4 x 8. (SM) questioned what size was noted in the plans? Mr. Tuttle related
that the plans show 54 and we are going with 50, and about 10-15 ft. from
the road. (EV) The sign is not going up until the ground is soft? He
suggested that Board might like to do a site walk of the area. Mr. Tuttle
questioned whether Board would like him to get a crane out there a nd raise it
up about 30 ft. (EV) noted, “We are not trying to be difficult, but once it is
there it is there. It is hard to visualize it until it is there. (EV) requested
permission to do a Site Visit noting that Board would take care of the
method of measurement. Since there are only three of us on the Board
tonight, this is unofficial any way. Mr. Tuttle agreed that Board could do a
Site Visit any time they would like. We will try to get up there as soon as
possible.
ITEM 4. Public Hearing with respect to an application for a Use
Variance filed by James Snedeker, 629 Tilton Hill Road, Pittsfield, NH
03263 (Tax Map R-7, Lot 4B) to designate an area of the property
(90 ft. x 130 ft.) at 629 Tilton Hill Road, Pittsfield, NH 03263 for storage of
junk metal. The property is owned by James Snedecker and is located in the
RURAL Zone.
(EV) explained to applicant that there were only three Board members
present tonight. I would recommend that you wait until we have a full
Board. If you proceed tonight, you would need to have a unanimous vote.
Mr. Snedecker opted to hold off until a full Board was present. (EV) We
will move this meeting to the next meeting of the Zoning Board, which will
be April 10th. There will be no notification to this effect sent out. However,
we can discuss the application for clarification. Mr. Snedeker was
agreeable.
(EV) There are several questions we would like to clarify. The first
question is that you have submitted a Use Variance for junk permit.
Nowhere in the Ordinance do we have an ordinance for a junk permit. Mr.
Snedeker related that he really did not want a junkyard. What I do is pick up
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scrap metal until I have enough to take in. (EV) Have you asked for a junk
dealer license? Mr. Snedeker related that he does not deal typically with
cars but usually rather aluminum, copper, tin and No. 1 steel. What cars I do
pick up go directly to Rochester. I do not do any stripping at the yard. (EV)
noted that looking at the junkyard definition under the Ordinance…
Applicant noted that junkyard deals with cars and everything else.
(EV) read the Ordinance: JUNK YARDS: A legally licensed facility for the
storage of junk as defined in RSA 236:91, II, III, IV and RSA 236:112, I, III,
IV and V ©. (EV) continued by also reading the RSA definition of Junk
Yards. “I do not see how we can give you a permit unless you call it a
junkyard.”
Mr. Snedecker related that he had discussed with Michael McLaughlin,
Building Inspector and he had suggested putting up a fence, which I did,
though it does not yet have gates. He said I should request a Variance for
the junk metal. He noted that BI had told him that there were two or three
different licenses he had to put in for strictly scrap metal. (EV) So, when
cars come in they are there temporarily? Mr. Snedeker related that once
they leave they do not come back at all. They go directly to Rochester, are
shredded and put on a boat. I do get some car parts, which have all been
taken off already. (LF) Do you have transmissions with fluids in them?
Mr. Snedeker related that usually the fluids have already been drained. He
related that he did not want the cars. If I do get cars, they are parked in my
yard for a day or two, and then they go away. (EV) related that once he got
his license, he could actually have cars. This is a little confusing, as Board
can’t grant permit, which is not part of our Ordinances. Mr. Snedeker
related that BI had said that he would need another license for junk metal
parts.
(EV) noted, “In the text of the permit, some of the explanations indicate that
this has been done in the past.” If done prior to the initiation of the Zoning
Ordinances, it could be grandfathered. Mr. Snedeker related that his Dad
has had cars there forever. He has been doing that since the early ‘60’s.
(EV) “If you can prove it was a junkyard before the Zoning Ordinances went
into effect, you would be grandfathered and you would not necessarily have
to come in here. Mr. Snedeker questioned what proof he would have to
provide to be grandfathered? (EV) We would need written documentation
to this effect. (LF) How big is the lot? Applicant indicated he believed
about 7 ½ acres. (EV) and the designated area you are applying for is 90 ft.
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x 130 ft.? (EV) How high is the fence? Mr. Snedeker related about 8-10 ft.
My intentions were to level off the top and put in gates, but winter came too
soon.
(EV) Since there are several abutters present tonight, we can now hear from
anyone that would like to comment.
Open to Public Input
Carol Richardson noted, “We are talking about apples and oranges here.
Wasn’t a piece of the property cut off?” We are not talking about the whole
piece of property. It has been cut up. You should clarify this. The property
is now two lots.” She noted that Board should look at the property. (EV)
admitted that he had not seen the site.
Brian Call noted that it is curious that he would be grandfathered and he
never has had a permit. (EV) explained that pre-zoning, he would be able to
do anything he basically wanted to. (SM) explained that the Zoning
Ordinances have only been around since 1988. If there before that, he would
be grandfathered and would legally be able to continue though not to
expand.
Ms. Richardson noted that three pieces of the property have been cut off
since the 1960’s. I just want to make sure you understand that. (Mr.
Snedeker displayed to Board some “drawn” plans that he had available.)
(LF) questioned whether the scrap metal was extended over on the other lot?
Mr. Snedeker related that there are tanks and everything else that have been
there from 1950’s. A guy used to crush cars for my Dad; I can get a written
statement from him or have him come in. (SM) All you want to do is scrap
metal, which would be where fence is up? (EV) How far back is the fence?
Mr. Snedeker related about 10 ft. from the edge of the road. (LF) noted that
as he drove by, he was able to see it from the road and the junk metals that
are stored behind the fence. “Winter hit before I could put the entire fence
up,” per Mr. Snedeker.
(EV) requested of applicant, permission to do a site walk and requested he
sign a release. “I will talk to Mike concerning the license.” If this property
would be grandfathered, it would have to be in more depth. Are there any
records you know of from individuals who used to use it? Mrs. Snedeker
noted, “If car parts are still there, would that be evidence?” (EV) It ceases
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to be grandfathered if not used continuously. Mr. Snedeker noted that his
Dad would have cars there, but always did loose metal also.
George Bachelder noted that he has lived a long time in Pittsfield and I have
always brought old cars to John; he has done that forever. (John Snedeker
was father to Jim Snedeker.) (SM) questioned Mr. Bachelder, “Do you
continue to bring junk metals and/or cars there?” Mr. Bachelder answered
affirmatively.
David Rushford commented that he had driven by and had some concerns
about run-off into the wetlands. I saw some things that disturbed me such as
car batteries, radiators, other parts and stuff. My worry is that you would not
see anything running off into the ground and you would have free rein to do
what you want with runoff and this would be a problem. “Why not clean it
up a bit?” You said no fluids, but you have radiators and transmissions
laying around on the ground and fluids can seep out. Mr. Snedeker related
that he had explained to BI that he was going to put in steel bins to contain
the fluids. Mr. Rushford noted, “Mine is more of a fluids issue.” Mr.
Snedeker noted that you should go around older farms and see what they
have laying around. Mr. Rushford indicated that he had a military
background and I like to keep all things organized. There are certain
regulations you need to follow. My only worry is battery fluids and other
fluids getting into the wetlands.
Mr. Snedeker related that he is trying to go by Town Ordinances. They are
trying to get me all wound up and have been doing it for years. (SM)
explained that the Board was trying to figure out how to help him. (LF)
related that he thought applicant needed to decide what he wants and what
we need to do. Scrap metal would include about 75% of his business.
Paula Belliveau noted that she was concerned about environmental issues
such as old tires that are back there. This is dangerous and this is just what I
can see from the road. She noted that she had attended a DES meeting and
there is a lot on what you can have outside which should be covered. Mr.
Snedeker noted that if the permit were granted, he would do that.
Ms. Waterhouse requested that Building Inspector be here for next meeting.
(EV) explained that he would have been present tonight, but was excused
because full Board was not going to be present. He suggested that he
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discuss with Mike concerning any documentation that can be gathered and
any additional testimony you can add regarding being grandfathered.
Ms. Belliveau questioned, “If he is grandfathered, what does that do to the
environment.” (SM) noted that the BOS would enforce any additional
criteria.
Ms. Waterhouse questioned whether Ed Vien would recuse himself if it had
to go before the Board of Selectman? (EV) agreed that he would not vote on
both boards.
(EV) Meeting is continued to April 10, 2008 at 7:00 P.M.
ITEM 6. New Business
1. Invite of Planning Board to attend meeting on April 17th.
(EV) Read Planning Board Minutes regarding invite.
ITEM 7. Members Concerns
None.
ITEM 8. Public Input
Dan Schroth noted regarding the people in for the sign, “You have to have a
big sign, lettering has to be large.” If businesses need it and want it, we
should do it. It needs to be big and tall on the highway to be effective. I say
kind of going with it to help our businesses. (EV) explained that basically
the ordinance is written so that they can do anything they want. Mr. Schroth
questioned, “Then why do they have to come in for a Variance?” (SM)
“They have to come in for permission.” Jim Pritchard noted, “They have to
get approval from the Zoning Board.” Mr. Schroth noted it does have to be
a good size and high enough to be effective. Mr. Pritchard noted that he
agreed with Dan Schroth about the highway. It is hard to think that it would
be obnoxious in that environment. For you to find it obnoxious is
unreasonable.
Mr. Schroth also noted that now a lot of people, retired and disabled, work
out of their homes. People are trying to make a go of it. Before Zoning,
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people had farms, the farms went, and now people are working out of their
homes.
Close Public Input
ITEM 9. Adjournment
(SM) Motion to Adjourn. (LF) Second. Carried 3-0.
Meeting adjourned at 8:15 P.M.
Approved: April 10, 2008
____________________________ _________________________
Ed Vien, Chairman Date