May 23, 2013 Minutes

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

DATE: THURSDAY, MAY 23, 2013

ITEM 1. Call to Order at 7:10 P.M. by Carole Dodge, Chairman

ITEM 2. Roll Call

Members Present:

Carole Dodge (CD), Chairman, Paul Sherwood (PS), Vice-Chairman, Paul Metcalf, Sr. (PM),John (Pat) Heffernan (PH), Romeo Dubreuil (RD), and Delores Fritz, Recording Secretary.

Members Absent:

Christopher Smith (CS), Alternate

ITEM 3. Approval of Minutes of April 11, 2013

(PS) Motion to approve Minutes of April 11, 2013.
(PM) Second. Carried 5-0.

ITEM 4. Public Hearing with respect to an application for a Special Exception filed by Darin Greenleaf, 26 Merrimack Street, Penacook, NH 03303 to convert a residential structure to a retail business for the sale of arts and crafts for property located at 611 Suncook Valley Highway, Pittsfield, NH 03263 (Tax Map R39, Lot 12). The property is owned by Darin Greenleaf, 26 Merrimack Street, Penacook, NH 03303 and is in the LIGHT INDUSTRIAL/COMMERCIAL Zone.

(PS) Motion to open Public Hearing on Darin Greenleaf. (PM) Second.

(CD) I have discussed with Darin Greenleaf that to have his application for Special Exception approved, we also need to decide and take care of the issue of home residence in the Light Industrial/Commercial Zone. A residence is not a commercial building and it would need to be converted from residential to commercial.

We can start the hearing tonight or just continue the whole matter to
June 13th. (PH) Why don’t we do what we can tonight? (RD) What is it he has to do? (CD) He needs to file a change of use Variance. (RD) We can review it all with him so he knows what he has to do, review what we can tonight and finish the rest at the next meeting. (CD) We can go through the paperwork and Board needs to decide how they want to proceed.

(PS) What he still needs to do is file an application for a Variance to change the residence to retail in the LIGHT INDUSTRIAL/COMMERCIAL Zone. (RD) I have spoken to the Building Inspector on this and we did a drive-by and checked it all out. It seems like a good plan for what he wants to do.

(CD) Darin, could you please run through the Criteria.

Darin Greenleaf: What I want to do is have an arts/crafts/antiques retail store. My wife is into interior decorating. I build items at my home and now need a place to display them. Each room would have a different theme and/or according to the holiday or time of year. My business is right next door and I am doing this for my wife and daughter to have some place to display their crafts.

Darin Greenleaf and the Board reviewed the Criteria A – E as noted in his application. He noted that he would like a low-key place to achieve this. The display area of the house is 634 sq. ft. and four cars would fit in the parking area. I do not want to expand it any further.

Relating to E. on the application: The proposed use or structure is consistent with the spirit of the Town’s Zoning Ordinance and the intent of the Town’s Master Plan, he related “I really like this Town. We all know our neighbors and I am happy to promote this Town.”

(PM) What do you propose to sell? Mr. Greenleaf: Arts, crafts, and antiques. No food. I do not want it to be a thrift store. My wife is a good interior decorator and the rooms are small. (PH) It is a good idea and a good use of the building. We are trying to get businesses in Town and there is no reason why we cannot approve this application. Mr. Greenleaf: I am more than happy to do this. I am not saying it is will make a huge impact in Town but people might consider stopping elsewhere in Town also. (CD) It is kind of part of the downtown area. (RD) I think it is a perfect location and approve of it. Perhaps you can capture the people going North who are just looking for this sort of thing. If that section of the Town had more of this type of stores, it would be good. This could be the start of something on Route 28. Mr. Greenleaf: I have discussed with Police Chief and Fire Chief and they both said it was fine with the square footage and addressed the signs for egress. (CD) You did a nice job putting the application together.

Public Input:

Eric Nilsson: I would like to say this will be a large benefit to the Town and help economically as well.

Dan Schroth: I agree with Eric.

Harold Bryant: I am just a little concerned with the speed of the traffic. My question is: If this does not work, can it go back to being a residence? (CD) It would be more likely remain as a business. Mr. Bryant: If he sold it because it was not doing well, what then? (CD) It is a light industrial/
commercial area.

Matthew St. George: Why does he have to come back for a Variance?
(CD) Because it is a change of use from residence to business.
Matthew St. George: It would not be automatic just converting it back? (CD) No. Matthew St. George: It is too bad he has to come back for an extra application. (CD) It was a residence long before Zoning was in effect in Town. It did not fall in the light commercial/commercial category but it is mainly commercial around there. This will convert it into what the area called for. (PS) This is like light manufacturing and would be no problem.

Dan Schroth: Good luck.

Close Public Input

(PS) Motion to continue Special Exception public hearing to June 13, 2013 at which time Mr. Greenleaf will present application for Variance change of use. (PH) Second. Carried 5-0.

(RD) Once he gets this it will be under one name as property for retail and zoned appropriately. The Variance will be for change of use of the property. (CD) We can vote on both the Special Exception and the Variance at the same time.

ITEM 5. Public Hearing with respect to an application for a Certificate of Approval governing the designated area of use of the junkyard business pursuant to RSA 236:114 filed by Roy and Diane Richardson, d/b/a: Roy Richardson Auto Salvage, 260 Catamount Road, Pittsfield, NH 03263. The property is owned and business operated by Roy and Diane Richardson on a portion of the property at 260 Catamount Road, Pittsfield, NH 03263 in the RURAL Zone (Tax Map R22, Lot 11).

Rick Belanger and Diane Richardson addressed Board. Mr. Roy Richardson was present but did not address Board.

Rick Belanger: I am confused as to what this is all about. It is a waste of time for the owner and not sure where it comes from. It is disrespectful.

(CD) The matter is open for discussion and also for clarification. The way I understand it the designated area of the junkyard needs to be defined and it is a “housekeeping” issue to conform to the RSA’s.

Rick Belanger: That is not our problem; it is the Town’s problem. The Board of Selectmen is in error here. This is a waste of money. I am very passionate about this and I hate to see people’s money being wasted. The municipality did not do what it was supposed to do. They should not have to be here tonight.

(CD) We are here tonight because this was sent to us to get matters straightened out. You can ask to appeal this and we will send it to the Board of Selectmen. I am not opposed to that.

Rick Belanger: Is there anything else that you will need from them?
(CD) No, not at this time. This is the “missing link”. Rick Belanger: You, as the municipality were responsible for this.
(PS) There was no application form for this. It was requested by the State of New Hampshire not the Town. The Board came up with the form. Once completed, this will not have to be done again. We do not expect anything else from you. Your license will continue to go through; the paperwork for this will just have to be done.

(RD) When this first came to light, I was the one who held it up. I did my homework as to why now and why this board had to do it? You came in and are asking these questions as to why this needs to be done. It is what it is. To fill the requirements of the State, the Board of Selectmen needs to issue the licenses unless State comes up with something else.

Rick Belanger: On this level, as long as you identify the size of the yard, and the scope stays the same, it will be okay. (CD) It is to establish where the boundaries are.

(PS) Motion to open public hearing for Certificate of Approval for Roy Richardson Auto Salvage. (RD) Second.

Rick Belanger: They should refund the fees; a refund would smooth things over. Perhaps, the Board of Selectmen would let me address them about this. I do not live in Town. I wanted to talk to them previously but was told I could not.

(PM) These people have been in business a long time and there should be no problem with this.

Public Input

Dan Schroth: These people came in here in good faith many years ago. They paid their fees then and should get their money back.

Eric Nilsson: A year ago you wanted to talk to Board, but I never heard anything about this.

Matthew St. George: I do not get why if it was just a housekeeping issue, why you just didn’t keep it as administrative. They have had the junk yard for so long and it goes back prior to that. This has to be grandfathered. A small appreciation would be to send their money back. They had to wonder why they had to pay again.
(CD) This came down from the Board of Selectmen’s office and landed on our desk. Matthew St. George: Regarding all these questions, did it bounce back to the Board of Selectmen? (CD) I have not talked to the BOS yet. What we are trying to do is work through it and then take the next step and get it smoothed out.

(PS) The State requests that Town issue the permit and that the Certificate of Approval be on file. Until last month, we did not have a form to cover this. I have lived in Town for only a few years and this Board discussed the form and what should be on it and voted for its approval. Once we had the approval, then it was sent to the Richardson’s to file; so it did come before us “Yes.” We understand that he was in business before the Zoning came in and we are not trying to hinder their business. The Town of Pittsfield needs to comply with State law. The way it had to be done is stressful, but we had no choice but to abide by the State of New Hampshire law.

Rick Belanger: Some of what you said is not true. The first person that had the junk yard had to have it. Your paperwork is probably missing. Zoning Board did not have to do this. It sounds good but not for your case. (RD) That is your opinion. Rick Belanger: I still say there was one somewhere signed by Al Giddes. (CD) We are here to fix it now.

Peter Truscott: If the fees were paid originally, why is there an additional fee? (CD) In order to waive the fees, it would have to go through the BOS. I did not think that there was a fee attached to this application but that will be the next step. First we need to grant the approval. I know that the junk yard has gone “green” and there is nothing to say but good things about the junk yard.

Leonard Smith: I keep hearing from this Board that the Board of Selectmen “dumped this on you.” Why didn’t you get together with the Board of Selectmen to discuss this? (CD) Time was not available. Leonard Smith:
I don’t agree with that. The BOS dumps this stuff on you and you say nothing. (PS) I have discussed this with Selectman Nilsson. Leonard Smith: When I hear Board is getting “dumped on” and that your hands are tied, State says got to do, BOS says you have to do, I wonder about this. (CD) explained that Zoning Board was the messenger in this case and it was something that needed to be taken care of. Leonard Smith: You are more than a messenger.

(CD) We are trying to make this go smoothly and we can if we work together on this. We are volunteers and trying to do the best we can and we may/may not agree with you.

Leonard Smith: In essence, everyone here is viewing this second payment as unfair. You should go to bat for them. It would be nice if the ZBA would say it is not fair because it is not fair.

Eric Nilsson: When it came to the Board, I believed it was just a missing piece of necessary paperwork. We were told it was just for approval of the Certificate of Approval. If this Board will motion to request a refund for the Richardsons, I will have it put on the next Agenda for the Board of Selectmen.

(RD) I wanted to say that there is a lot of opportunity in Town for any of you individuals to get on the Board and make changes. You can make a difference. By sitting here, you can do that. Reach out and come on in and play. It is your Town, get involved. The Board needs people like you.

Close Public Input

(PM) Motion to approve Certificate of Approval for Roy and Diane Richardson, d/b/a: Roy Richardson Auto Salvage.
(PH) Second. Carried 5-0.

(PH) Let’s get this thing rolling.

(PH) Motion to approve requesting Board of Selectmen grant refund of $182.50 to the Richardson’s. (PS) Second. Carried 5-0.

(PS) The form is now also in place for the future.

ITEM 6. New Business
a. Revised Zoning Ordinances

(CD) You all now have the revised Zoning Ordinances to include Frontage.

b. Rules of Procedure

(CD) You all now have the revised Rules of Procedure
c. Election of Officers

(PM) Motion to approve Carole Dodge as Chair and Paul Sherwood, Vice-Chair. (PH) Second. Carried 5-0.

d. Zoning Board Members

(PM) Do we have a full Board now? (CD) We still need two alternates. Dee has placed an ad in the newspaper and on the Website. We do need a couple of alternates. (PM) So many people do not want to get involved.

ITEM 7. Members Concerns

None.

ITEM 8. Public Input

None.

ITEM 9. Adjournment

(PS) Motion to adjourn. (PH) Second. Carried 5-0.

Meeting adjourned at 8:20 P.M.

Approved: June 13, 2013

______________________________ ____________________
Carole Dodge, Chairman Date

I hereby certify that these Minutes were recorded by me on May 23, 2013, transcribed and publicly posted on May 30, 2010.

_____________________________________________
Delores A. Fritz, Recording Secretary