March 5, 2015 Minutes

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

DATE: Thursday, March 5, 2015

AGENDA ITEM 1: Call to Order

Chair Clayton Wood called the meeting to order at 7:00 P.M.

AGENDA ITEM 2: Roll Call

Planning board members present:
Clayton Wood (CW), planning board member and chair;
Pat Heffernan (PH), planning board member and vice-chair;
Jim Pritchard (JP), planning board member and secretary;
Larry Konopka (LK), selectmen’s ex officio planning board member;
Roland Carter (RC), alternate planning board member; and
Gerard LeDuc (GL), alternate for the selectmen’s ex officio planning board member.

Planning board members absent:
Bill Miskoe (BM), planning board member.

Members of the public appearing before the planning board: Mike Williams (town administrator), Paul Nickerson, and Daren Nielsen.

“Members of the public appearing before the planning board” includes only members of the public who spoke to the board. It does not include members of the public who were present but who did not speak to the board.

AGENDA ITEM 3: Agenda Review

CW said that Carl Wallman had closed on a sale of property on Tuesday (March 3, 2015) and wanted to merge lots.

LK asked whether the board would consider a letter that the board had received.

CW said he had not intended to consider the letter. CW said that he was communicating with the Woods (Keath and Patricia Wood of 275 Shaw Road, Pittsfield, NH).

AGENDA ITEM 4: Public Input

No public input.

AGENDA ITEM 5: Request from the Board of Selectmen for a Review and Recommendation to Acquire the Land and Building at 37 Main St. (Map U3, Lot 44, C1-C5) per RSA 41:14-a.

CW said that the board of selectmen needs the planning board to review and recommend for or against the acquisition of the property at 37 Main Street. (RSA 41:14-a.) The planning board’s recommendation is non-binding.

LK asked whether he should recuse himself because he is a selectman.

The board agreed that LK did not need to recuse himself.

Mike Williams presented the board of selectmen’s proposal to acquire the property at 37 Main Street. The building at 37 Main Street is a multi-family dwelling with five apartments that have condominium ownership (RSA 356-B). The whole building is currently vacant, and all of the apartments are in tax delinquency. “The Town has the opportunity to acquire the entire building for a total out-of-pocket expenditure of $10,000 plus incidental filing and legal expenses.” (Written proposal of Mike Williams to the planning board, page 2.) Mike Williams written proposal, dated February 25, 2015, is as follows:

Proposal to Acquire Properties at 37 Main Street

Summary:
The Town of Pittsfield is in a unique position to acquire a quality piece of property on Main Street and set it on a course of rehabilitation that will eventually place it back on the tax rolls. In order to accomplish this goal the Town proposes to purchase parts of the property. The purchase is governed by RSA 41:14-a, the pertinent part therein is the requirement that the Board of Selectmen “shall first submit any such proposed acquisition or sale to the planning board and to the conservation commission for review and recommendation.”

Current Status:
The property located at 37 Main Street consists of 5 condominium units operating under a condominium agreement pursuant to RSA 356-B. The building has Units #1 and #2 on the first floor. Units #3 and #4 are on the second floor. And Unit #5 is on the third floor. The entire building is currently vacant.

Current Ownership:
Units #1 and #2 are owned by the Town were acquired through the tax-deeding process for delinquent taxes. The Town has also negotiated quitclaim deeds which forestalls the statutory repurchase period.

Unit #3 is owned by an out-of-state owner and with approximately $5,300 in delinquent taxes. If not paid, Unit #3 is scheduled to be tax-deeded to the Town in September 2015.

Units #4 and #5 are owned by an investment company. Each Unit has a tax arrearage of approximately $1,250 each.

Proposal:
The Board of Selectmen would like to acquire the fee simple interest of each condominium unit at 37 Main Street, legally dissolve the condominium agreement, and then solicit Requests for Proposal (RFP) from developers. If the Town owns the fee simple interest without any residual equitable interest being held by the former owners, then the Town is not obligated to sell to the highest bid, but can choose a developer based on the best plan for the downtown area.

We plan to issue a RFP with certain parameters. Those parameters will be memorialized by deed covenants when the deed is conveyed to the successful candidate. One of the parameters will be that any development shall allow the first floor to be used only for a commercial purpose. The second and third floors may remain residential, but with no more than three apartments.

Purchase:
The owner of Units #4 and #5 has offered to convey their interest in both units in exchange for an abatement of taxes of about $2,500 total.

The owner of Unit #3 has offered to sell her condo to the Town for an abatement of taxes of about $5,300 plus cash payment of $10,000. However, the cash payment is an initial offer and is subject to further negotiation, so the final purchase price may be less. Regardless, the purchase price for Unit #3 will not exceed $15,300.

The funds for this project will come from the Economic Development Fund to purchase downtown buildings. Upon sale, the first $10,000 is proposed to replace the withdrawal of those funds.

The Town has the opportunity to acquire the entire building for a total out-of-pocket expenditure of $10,000 plus incidental filing and legal expenses, and to set it on a course to enhance the Main Street corridor. The parameters for the RFP will correspond with the principles of the Master Plan. It is important for the Planning Board to give a positive recommendation for this project, because a developer will have to submit to a site plan review. Because of that I would also like to solicit the Planning Board’s assistance and opinion in selecting the final RFP for this project.

Schedule:
The statute prescribes a fairly tight time schedule. Therefore your immediate attention to this matter is requested. The tentative schedule is as follows:

February 26, 2015 Conservation Commission Recommendation
March 5, 2015 Planning Board Recommendation
March 17, 2015 First Public Hearing
March 31, 2015 Second Public Hearing

* * * * *

JP said that the building had been sold in 2005 as a four-unit multi-family dwelling and that the building had turned into a five-unit multi-family dwelling condominium in 2006. JP asked whether Mike Williams knew whether the building had a variance for the additional dwelling unit.

Mike Williams did not know. Mike Williams said that his proposal would reduce the number of allowed apartments from five to three and would have commercial activities on the first floor.

CW asked for confirmation that the town owns two dwelling units with tax deeds and quitclaim deeds.

Mike Williams agreed. Mike Williams said that the quitclaim deeds will terminate the tax-delinquency buy-back right. (See RSA 80:89 for the buy-back right.) The quitclaim deed does not guarantee a good title. Mike Williams said that the bottom dwelling units, numbers 1 and 2, are in bad condition and that the common areas are in bad condition but that dwelling units 3, 4, and 5 are in very good condition.

CW asked whether dissolving the condominium would be difficult.

Mike Williams said that dissolving the condominium would be easy because the town would be the only owner.

CW discussed what the planning board should use as guidance for the board’s recommendation. The New Hampshire Municipal Association had recommended using the town’s master plan. CW said that the master plan says that the town should get more commercially viable buildings in the area. CW said that acquiring the property at 37 Main Street would be consistent with that goal of getting more commercially viable buildings in the area.

JP said that the purpose of the Commercial District as stated in the zoning ordinance might be an even stronger basis for the planning board’s recommendation. JP said that acquiring the property at 37 Main Street would be consistent with the purpose of the Commercial District as stated in the zoning ordinance:

“Commercial: This area is for major commercial and professional activities. This district is established in recognition of the fact that commerce and business tend to concentrate in a central area. This area is intended primarily for retail, office, civic, financial and cultural uses.”

(Zoning ordinance article 2.)

CW asked whether the board of selectmen would insist that only one person buy the building.

Mike Williams said yes. The board of selectmen will not allow a condominium.

JP said that the planning board has two questions: (1) should the town acquire the property and (2) what parameters will the request for proposal have? JP said that buying the property is clearly a good idea because the cost is attractive and because the town will eventually own the property through tax deeding or will have to demolish the building eventually, which the town probably does not want to do. Deciding the parameters of the request for proposal will be more difficult than deciding whether the buy the property.

CW said that he would like to develop guidelines for the RFP because the planning board cannot guarantee how the board would decide a site plan.

Mike Williams agreed. Mike Williams said that one developer had suggested maintaining three apartments for income and establishing a bakery on the first floor. Mike Williams said that another question was whether the barn could be rehabilitated. Mike Williams said that the parameters of the request for proposal should not be too specific.

PH said that the town wants a developer with a good track record that will be meshed with the town’s zoning and have up to three apartments. PH said that the proposal was “a win-win situation.”

RC asked whether the barn could become part of the library.

Mike Williams said that the library might want to buy the property if the library could get a grant for the purchase.

CW said that the town might want to keep the property on the tax rolls.

JP moved the planning board to recommend that the board of selectmen acquire the property at 37 Main Street.

PH seconded the motion.

Discussion:

LK said that the town’s acquiring the property would be good.

RC agreed.

Vote to recommend that the board of selectmen acquire the property at 37 Main Street: carried 5 – 0 – 0. Voting “yes”: JP, PH, CW, RC, and LK. Voting “no”: none. Abstaining: none.

CW said that he would do a notice of decision for the board’s recommendation to acquire the property at 37 Main Street.

AGENDA ITEM ADDED: Carl Wallman’s lot merger application

PH asked that the board defer Carl Wallman’s lot merger application because the board received the application only recently.

JP asked whether the board had to use a regular meeting to decide lot merger applications.

The board briefly discussed whether it had to use a regular meeting for the lot merger application and whether deferring the application was really necessary.

JP said that he could see no possible harm in proceeding with the lot merger now.

LK asked whether the board had to give notice by a certain number of days.

CW said no. CW cited RSA 674:39-a: “no public hearing or notice shall be required.”

The board agreed to proceed with the application. The lots to be merged are tax map R-8, lots 1, 3, and 5, at 90 and 104 Clough Road.

JP moved the board to approve Carl Wallman’s lot merger.

PH seconded the motion.

Discussion: No further discussion.

Vote to approve Carl Wallman’s lot merger: carried 5 – 0 – 0. Voting “yes”: JP, PH, CW, RC, and LK. Voting “no”: none. Abstaining: none.

AGENDA ITEM 6: Approvals of the Minutes of the November 20, 2014; January 31, 2015; and February 5, 2015 Meetings

CW moved to approve the minutes of February 5, 2015, as written in draft.

No board member seconded the motion.

PH moved to defer approval of the minutes of November 20, 2014; January 31, 2015; and February 5, 2015, to the board’s regular meeting in April, April 2, 2015.

JP seconded the motion.

Vote to defer approval of the minutes of November 20, 2014; January 31, 2015; and February 5, 2015, to the board’s regular meeting in April, April 2, 2015: carried 4 – 1 – 0. Voting “yes”: JP, PH, RC, and LK. Voting “no”: CW. Abstaining: none.

AGENDA ITEM 7: Selectman’s Report – Larry Konopka, Selectman Ex Officio

LK said, “Nothing to report at this time.”

AGENDA ITEM 8: Members Concerns

PH had a concern about “that tower on Catamount” and a building permit with successive renewals.

CW said that he was addressing the matter with code enforcement officer Jesse Pacheco and Attorney Buckley at the New Hampshire Municipal Association. The board will address the matter when the board can be better prepared.

PH referred to a letter from Keath and Patricia Wood (of the Shaw Road subdivision).

CW said that he preferred to wait until he had matters resolved with the Woods. CW said that there are more things that the Woods must do before the board can record the Woods’ plat at the Merrimack County Registry of Deeds. (See RSA 674:37 and RSA 676:16.) CW said that he had talked to the Woods more than he had talked any other subdivision applicant. CW has written five letters to the Woods

LK asked for copies of the letters from CW to the Woods.

AGENDA ITEM 9: Public Input

Daren Nielsen asked for clarification of what the board can recommend for the request for proposals for 37 Main Street and when the town will define the covenants.

LK said that the board of selectmen will try to have covenants specified before the property is sold. The first floor will be commercial, and the upper floors will be apartments. The building will have to have site plan review. (RSA 674:43, I.)

Daren Nielsen asked why is the town going to allow any apartments in the building at all? The building could be devoted to offices.

LK suggested that Daren Nielsen bring this matter to the board of selectmen’s hearing.

JP said that Daren Nielsen was addressing two questions: (1) Should the town acquire the property and (2) should the town impose covenants that would require commercial use throughout the building? JP said that such covenants would be interesting to consider. JP said that he had found that the fifth apartment on the third floor should have had a variance to be created lawfully. If no variance was granted for the fifth apartment, then the fifth apartment may be unlawful now. Determining the covenants will require research.

PH said that the three upstairs apartments might be necessary to make commercial use on the first floor economically viable.

Daren Nielsen said that losing money on the sale of the building would be less costly than allowing families with children in the building.

Paul Nickerson asked whether anyone knew the condition of the barn.

LK said that the barn was in “rough shape” five years ago.

PH said that he had wired the building about five years ago and that the barn had been “shaky” then. PH suggested demolishing the barn and using the resulting space for parking.

Daren Nielsen asked whether the house had any fireplaces.

PH did not know.

AGENDA ITEM 10: Adjournment

CW moved to adjourn the meeting.

PH seconded the motion.

Vote to adjourn the planning board meeting of March 5, 2015: carried 5 – 0 – 0. Voting “yes”: JP, PH, CW, RC, and LK. Voting “no”: none. Abstaining: none. The planning board meeting of March 5, 2015, is adjourned at 7:48 P.M.

Minutes approved: April 2, 2015

______________________________ _____________________
Clayton Wood, Chairman Date

I transcribed these minutes (not verbatim) on March 11, 2015, from notes that I made during the planning board meeting on March 5, 2015, and from a copy that Chairman Clayton Wood made on March 6, 2015, of the town’s digital recording of the meeting.

____________________________________________
Jim Pritchard, planning board recorder and secretary