Pittsfield Zoning Board of Adjustment
Town Hall, 85 Main Street
Pittsfield, NH 03263
DRAFT Minutes of Public Meeting
NOVEMBER 8, 2007
ITEM 1. Call to Order
ITEM 2. Roll Call
Members Present: Ed Vien (EV), Chairman, Paul Metcalf, Sr. (PM), C arol
Dodge (CD), Larry Federhen (LF) and Delores Fritz, Recording Secretary.
Members Absent: Susan Muenzinger (SM), and Jesse Pacheco (JP).
ITEM 3. Approval of Minutes of September 13, 2007.
(LF) Motion to approve Minutes of September 13, 2007. (PM) Second.
After Discussion:
(LF) Motion to amend approval of Minutes of September 13, 2007 with
condition letter of approval of trailer park owner is included with the
Minutes. (PM) Second Motion with amendment. Carried 4-0.
ITEM 4. New Business
(EV) related that (CD) had questioned whether original sitting members on a
public hearing be reseated exactly, if possible, as at the original hearing,
even in circumstances where public hearing is merely continued. He noted
that he had contacted LGC but had not yet received an answer to this
question. However, once a response is received, this will be discussed at a
future ZB meeting.
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(EV) noted that Board had previously discussed separating Use/Area
Variance making them two separate applications. He related that each
member had received copies of these two separate applications and would
discuss the possibility of separating them. We will not be voting on this
tonight, but you can all review them at your leisure. Board discussed the
possibility of producing a third separate form for Special Exception. It was
agreed that a tentative form would be made using the Use Variance form to
complete an entirely different Special Exception form. This would make it
easier for applicants. These forms will be discussed at next meeting of
Board.
(CD) requested that the Board consider approving the Minutes of prior
meeting right after Roll Call before Board goes on to address any other
public hearings or matters. Board members discussed this and (EV) read
from the Handbook that the format indicates it as third on the Agenda but it
really does not matter. Board decided they would try it as Item No. 3 to see
how it works.
ITEM 5. Members Concerns
(EV) noted that (JP) had discussed with him whether Zoning Board is doing
the right way, as the Board is a quasi-judicial Board. (JP) had discussed this
with an attorney and was told that individual members going out to look at
projects that will be before the Board is pre-judging the case. I was going to
check with LGC, but on Page 28 of The Board of Adjustment In New
Hampshire, A Handbook for Local Officials (January 2006) it is noted,
“Board members should be familiar with the parcel under discussion and the
basic characteristics of the area.” It goes on to note that a n On-Site Visit
might be necessary though this should be noticed as a public meeting and the
public has the right to attend. (CD) noted that all Board members are
residents of the Town and therefore, are usually quite familiar with the
various sites. (LF) noted he preferred not to rule on some of these things
without looking at the area first as long as three of us do not go at the same
time, then it would have to be posted as a meeting. I never sit without
looking. (PM) related that “Looking is better.” (CD) “We all live here and
the Town is not that big and we pretty much know the land. We basically
know where everything is.” (EV) related that this was Jesse’s concern. “I
will contact the LGC regarding this and a copy of the page from the
Handbook will be put in Jesse’s file.”
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(LF) questioned what happens in situation such as on Shaw Road across
from Larry Konopka where there is a wooden shed that was put up too close
to the road several years ago, and now a shelter kit has been put up about 15
feet back from road. I believe shelter kits need a Building Permit, though
they are not taxable. It is about 12 x 20 and I believe, too close to the road.
(EV) noted that this would be a code enforcement issue. (LF) noted that he
thinks it has gone up within the last two to three weeks. (EV) noted he
would talk to Mike about this. (LF) A rule is a rule.
ITEM 7. Adjournment
(CD) Motion to Adjourn. (PM) Second. Carried 4-0.
Approved: January 10, 2008
Ed Vien, Chairman