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

DATE: THURSDAY, NOVEMBER 13, 2014

ITEM 1. Call to Order at 7:00 P.M. by Carole Dodge, Chairman

ITEM 2. Roll Call

Members Present:

Carole Dodge (CD), Chairman, John (Pat) Heffernan (PH), Vice-Chairman, Denis Beaudoin (DB), Scott Aubertin (SA), and Delores Fritz, Recording Secretary.

Members Absent:

Paul Metcalf, Sr. (PM), Albert Douglas (AD).

ITEM 3. Approval of Minutes of October 9, 2014

(PH) Motion to approve Minutes of October 9, 2014.
(DB) Second. Carried 4-0.

ITEM 4. New Business

a. Proposed Zoning Ordinances Changes: Zoning BD/BI

(CD) Apparently, someone had advised the Planning Board to re-write the Zoning Board definitions. Granted we have had some issues with some of the definitions along with some errors. I was present at the last Planning Board meeting (PH), (Jesse Pacheco) and (Larry Konopka) were there. The Planning Board has decided to set the definitions aside and are not going to put the proposed definitions before the Town.

Jesse Pacheco: Bill Miskoe made the Motion and Pat Heffernan seconded it to abandon these definitions. The vote was 5-0. The idea is not to abandon them completely as there are several things that have to be fixed and maybe we can go over the important areas.

(CD) There have been things that the Board has “tripped over.” Some of the definitions that need review are Signs, Junk Yard, Multi-Use Dwelling,
Home Occupation and Zone Lines (Use in the different Town Zones)

(CD) Anything that is a “sticking point” for Zoning Board, now is the time to think about it; such as people keeping animals on their property in the Suburban Zone. Tilton Hill area seems to be a “hot spot” lately also. Larry Berkson was one of the drafters in getting the Zoning Ordinances passed. (SA) The Rural Zone has the same problem. (CD) The definitions have to match the Zones.

Jesse Pacheco: On Page 12, it denotes the current definition of 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 (c). In this instance, the issue is the license – if you are not licensed can you have as many cars as you want. The State says you are allowed two unregistered vehicles. This needs to be defined somehow. I totally understand that the Planning Board has put a great deal of time into this.

Church definition is another one. The current definition states “Church: A place of worship either indoors or outside, including a parish house and rectory,” and the new definition states “Church means a place where worship of any religion is a PRINCIPAL USE.” So, if people come to your house to pray it is a church. Some of these things are misleading.

Jesse Pacheco: Signs is another one. Currently the Ordinance states

Signs of whatever size and materials shall be a permitted accessory use in the Commercial and Light Industrial/Commercial districts of the Town and on the premises of businesses or permitted industry in other districts, provided that 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.

There are varied opinions as to what the sign should entail and whether it should go before the Zoning Board, etc. If it says you can have a sign, why do you have to go to Zoning? These are things we should be looking at.

(CD) So, we can add to that list: Churches and Accessory Uses.

(PH) There are some that do not need to be in there like Airport, it denotes that “AIRPORT” means a public or private place used for takeoff or landing of aircraft other than balloons, kites, kite balloons, ultralights and unmanned aircraft with a wingspan of 9 feet or less. Concord allows planes of 9 feet or less, the FAA has no problem with that and we can probably scratch that one. Jesse Pacheco: We certainly have enough acreage. (PH) There are really two places such as the Metcalf gravel pit and also in back of Carole’s property that would accommodate that use. Helicopters land in Town at the Balloon Festival every year. Jesse Pacheco: Just keep the definition as presently in place. (CD) It is not a definition but rather a regulation.
Jesse Pacheco: Some of these things you can pull from the RSA’s.

(PH) Automobile Dealer is another one; the revised definition changes the whole meaning.

(CD) I would continue to look for ones that are “sticking” the Board.
Jesse Pacheco: I would do the confusing ones. (CD) The definitions ae backed up by the RSA’s and should not underwrite the RSA’s.
Jesse Pacheco: Zoning does not trump the RSA’s. Board discussed the definition of Junk Yards.

(CD) We can think about this and let either Jesse or the Town Administrator know what our suggestions include. Jesse Pacheco: We should take care of the hardest ones now. (CD) There is a lot of work to be done on this.

Jesse Pacheco: A while back, Matt Monahan, suggested some of these changes. (CD) Do you think that you can resurrect this list? Jesse Pacheco: I will try.

Board agreed that the manageable list should include:

Accessory Use
Airports
Church
Home Occupation
Junk Yard
Multi-Dwelling Use
Signs
Zoning Lines (Uses in the various Town Zones)

b. Joint Meeting PB/ZBA November 20, 2014

(CD) There is a joint meeting of the Planning Board and Zoning Board next Thursday, November 20th and perhaps we will have the opportunity to work on some of these then. It would be nice to have both boards in agreement.

(PH) This will make the list more manageable. Most people do not want to do all that reading and it could be difficult to understand. Jesse Pacheco: I think there is a lot in here.

c. Other

(CD) Atty. Maher has requested we have someone from the Zoning Board at the Hetu v. Pittsfield hearing scheduled on January 20, 2015 at 10:00 a.m. There will be no testimony involved. (DB) I am right in Concord every day and I can go. (CD) Please plan on this.

(A letter will be sent to Atty. Maher advising him of the Board representative.)

ITEM 5. Members Concerns

(DB) Have we heard anything about the Klitz court case? (CD) It is still pending. I believe our attorney felt everything went well, though no decision has been made yet.

Jesse Pacheco: The Rustic Crust is closing up their walls and working seven days a week on the project.

It was suggested that maybe Jesse and Town Administrator could come up with some kind of “game plan” for Thursday’s meeting.

ITEM 6. Public Input

None.

ITEM 7. Adjournment

(PH) Motion to adjourn. (DB) Second. Carried 4-0.

Meeting adjourned at 7:52 P.M.

Approved: December 11, 2014

__________________________ ____________________
Carole Dodge, Chairman Date

I hereby certify that these Minutes were recorded by me on November 13, 2014, transcribed and publicly posted on November 19, 2014.

______________________________________
Delores A. Fritz, Recording Secretary

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