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

DATE: THURSDAY, NOVEMBER 14, 2013

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

ITEM 2. Roll Call

Members Present:

Paul Sherwood (PS), Vice-Chairman, Paul Metcalf, Sr. (PM), Christopher Smith (CS), Albert Douglas (AD), Alternate and Delores Fritz, Recording Secretary.

Members Absent:

Carole Dodge (CD), Chairman, John (Pat) Heffernan (PH).

ITEM 3. Approval of Minutes of October 10, 2013

(PM) Motion to approve Minutes of October 10, 2013. (CS) Second. Carried 3-0. (AD) Abstain.

Minutes of September 12, 2013 will be approved at the next meeting.

ITEM 4. Public Hearing with respect to an application for a Special
Exception filed by Mary Silva, 38 Carroll Street, Pittsfield,
NH 03263 (Tax Map U04, Lot 29) for a Home Occupation as a
sewing/tailoring business. The property is owned by Mary
Silva of 38 Carroll Street, Pittsfield, NH 03263 and is located in
the RURAL Zone.

(PS) It should be noted that this property is located in the Light Industrial/
Commercial Zone.

(PS) It should be noted also that there is not a full Board present tonight and you are entitled to having the application reviewed by a full Board but we can proceed with members present tonight if you wish.

Ms. Silva indicated that she would like to go forward tonight even though there is not a full Board present.

Mary Silva: She explained what her business entails and that there would be a dedicated room available in the home specifically for the home occupation.

Board reviewed Criteria.

Public Input:

Jesse Pacheco, Building Inspector: She has had the same business located between other business and has been in Pittsfield for how long Mary?
Mary Silva: I have been in Pittsfield for two years.

Close Public Input

(PM) Motion to approve Special Exception for Mary Silva, 38 Carroll Street, Pittsfield, NH 03263 (Tax Map U04, Lot 29) for a Home Occupation as a sewing/tailoring business. (CS) Second. Carried 3-0 (AD) Abstain.

(PS) explained the thirty day appeal process to the applicant.

Jesse Pacheco: If you start your business, and someone should appeal, anything you have put in the business would be at your own expense.

ITEM 5. Public Hearing with respect to an application for Special
Exception filed by Wen & Pin Management, LLC, 42 Main Street,
Pittsfield, NH 03263 for property located at 9 Elm Street,
Pittsfield, NH 03263 Tax Map U03, Lot 73) to convert single
family structure into multi-family structure. The property is
owned by Wen & Ping Management, LLC, Wendy Chen and
located in the URBAN Zone.

Paul Rogers and Wendy Chen were present.

Paul Rogers noted that this property was previously owned by Miss Barbara who operated a day care business there, resided on the first floor with an apartment above. She eventually closed that business and went to work for the post office at which time I tried to sell that house for her. As you will note on the Tax Card it shows three bedrooms and baths. She gave up the rental apartment for personal reasons. Wendy wants to keep this as a three bedroom. The parking area is sufficient for all the apartments.

Board reviewed Criteria.

Paul Rogers: She will make sure it is all renovated to code and up-to-date. She has refurbished the whole first floor. There is off-street parking
(9 parking spaces) and there is a clear view of the street from the parking lot. There are two kitchens and four baths. Again, this was a multi-family at one point.

(PM) Has the Building Inspector looked at the property and what does he think? Jesse Pacheco, Building Inspector explained the three areas and that feasibly there could be a third apartment but area would need work. (PS) It is set up for two right now. Jesse Pacheco: Yes. (PM) Could it be three apartments? Jesse Pacheco: Yes, but work would have to be done on the area. It could be an efficiency apartment out back.

Public Input

Fred Hast: I have nothing against it but I am not for it. We are trying to keep the number of apartments at a minimum in Town. Back in 1946 that was a paint store and there has never been more than one set of quarters there. Ms. Barbara never wanted an apartment up there and as far as I know, there was never an apartment up there.

(PS) What is the current tax status on the home? Jesse Pacheco: There was one family living there. Paul Rogers: Back in 2000-01 an elderly lady lived in the apartment.

Close Public Input

(PM) So there are two apartments there right now. If she wants to make a third apartment she can re-apply to Board for third one. (CS) What is the reason it was changed from three families to one family? Paul Rogers: Over the years she did not want to deal with it and never renewed her permits. She did the day care and never wanted to deal with anything else. (CS) Was there a tax advantage? Paul Rogers: There was no tax advantage.

Jesse Pacheco: When she had the apartments, she went through HSA and then converted back to a one family.

(PM) Motion to approve application for Special Exception for Wen & Ping Management LLC, Wendy Chen for 9 Elm Street, Pittsfield, NH 03263 (Tax Map U03, Lot 73) to be converted to multi-family structure with approval for two apartments. (CS) Second. Carried 3-0. (AD) Abstain.

(PS) There is a thirty (30) day appeal process and if you decide you want to do the third apartment, you will have to re-apply to Zoning for approval. You might find it is not structurally sound and that it might not be worth it.

Jesse Pacheco: You can continue to use it for storage if you want but a person cannot live there.

ITEM 6. New Business

a. ZBA Issues for Planning Board
b. Conceptual Proposal for Zoning Amendments for March 2014

(PS) We will be having a joint meeting with the Planning Board which is scheduled for December 5, 2013 at 7:00 P.M. It would be better if we could review these proposed items with a full Zoning Board.

Board ultimately decided to have a Work Session on November 21, 2013 at 7:00 P.M. to review the proposed amendments. This will be scheduled after checking that there are no other boards or committees meeting on same day. (Dee to/schedule/post/notify members.)

ITEM 7. Members Concerns

None.

ITEM 8. Public Input

Jim Pritchard: I am glad that you explained to applicant that there was not a full Board because technically an absent members’ vote is no. To vote on a Special Exception or Variance you need to address each Criteria separately. According to law, Board has to make a finding on each of the conditions rather than voting in mass.

Al Douglas: I did not know what a Special Exception entailed and there was not a good definition in my packet of information. Article 6 explained how it works but I did not get a good understanding of that and therefore, I abstained from the vote.

Jim Pritchard: Chairman Dodge sent a Memo requesting Planning Board to warrant for the Zoning Board to act as Court of Appeals but there was no discussion at the meeting that I remember. (PS) I believe that it was the Board’s consensus to do that. Does the Board have any comments?

(PM) We could have a meeting next week to discuss in detail.

Jim Pritchard: A consensus is a good thing to do and since there was no discussion could you poll the Board on their consensus? (PS) We do not need to poll the Board and I am not going to allow it.

Close Public Input

ITEM 9. Adjournment

(PS) Motion to adjourn. (CS) Second. Carried 4-0.

Meeting adjourned at 7:45 P.M.

Approved: January 9, 2014

___________________________ ____________________
Paul Sherwood, Vice-Chairman Date

I hereby certify that these Minutes were recorded by me on November 14, 2013, transcribed and publicly posted on November 20, 2013.

___________________________________________
Delores A. Fritz, Recording Secretary

Olympus: 43.19