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

DATE: THURSDAY, OCTOBER 25, 2012

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, John (Pat) Heffernan (PH), Romeo Dubreuil (RD), and Delores Fritz, Recording Secretary.

Members Absent:

Paul Metcalf, Sr. (PM), Christopher Smith (CS), Alternate

Others Present:

Jesse Pacheco (JP), Building Inspector

ITEM 3. Approval of Minutes of September 13, 2012

(PS) Motion to approve Minutes of September 13, 2012.
(PH) Second. Carried 4-0.

ITEM 4. Work Session

(CD) The reason for the meeting is to discuss the definition of Agriculture and Signs in the Zoning Ordinances so that the Planning Board can get it on the Agenda at the Town Meeting. She read into the Minutes, the definition of Signs:

Article 9 – Signs

Signs of whatever size and material 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.

(RD) There are a lot of gray areas there. What are they looking for – specificity? (CD) Someone requesting a Farm Sign would not necessarily have to come before the Zoning Board. We need to define where they can and where they may not be. (JP) The problem is that it does not specify the sign shape, size, and etc. Where do we separate it from just being say just a Farm Sign? This is very vague and needs clarification. I do not see where Farm Signs are exempt. (CD) That is in the State RSA’s. (JP) Generally, if it is not on a structure, it says we are supposed to be charging for sign. (CD) The fee schedule is one thing, but State Regs say farms are exempt. (She explained the conditions that qualify it as a farm.) (PS) It would not make them exempt it would mean that it is a permitted industry in that zone. (CD) We could clean up the definition so it would be easier to read.
(RD) Would the sign have to state what the farm does? (CD) As far as the State is concerned, they are exempt. The biggest thing is that it is so vague that you can read it any way you want. (JP) It needs to be more clarified.

Board further discussed placement of signs, information contained on sign, when sign can be utilized, farm signs and purpose, in conjunction with Home Occupations, limits in State Statutes and what limits Pittsfield can invoke, size, and whether the sign can be addressed by Zoning Board.

(PH) What we might want to do is look at some of the surrounding towns like Pembroke and Concord to note what restrictions or conditions that put on having a sign. I know in Concord they do it by the square footage of the building. (JP) We are not currently having a problem but it needs to be clarified. (CD) Since it has to go to the Planning Board anyway, we could send it to Planning Board and let them “tweak” it.

(RD) I think working from the ground up, we need to determine what is the purpose of the sign: 1. Advertise; or 2. Identify the location of the business and then determine the particulars such as size and illumination.
(JP) Once you allow someone to have a Home Occupation, then what about their sign. (PS) We can differentiate size by zones and nuisance factor.

(CD) I would like to get this before the Planning Board and for Public Hearing, and maybe a Warrant Article. If signs are permitted, they would have to come to the Building Inspector. (PS) Instead of us doing it now, we can do some research with the surrounding communities and take the best of what they have and use the parts that would fit Pittsfield.

(PH) We need to put some strings on this, but we do not want to hamper people. (CD) We need a joint meeting with the Planning Board. (PS) We still need to look at other towns’ ordinances pertaining to signs. (JP) This is not to restrict, but to clarify. Board agreed they would research signage in other towns.

Article 3 – Definitions

Agriculture: Commercial agricultural activity including but not limited to orchard, market garden, nursery, dairy farm, commercial animals, poultry, livestock, including the keeping of wild or domestic animals for personal or commercial use on any parcel of at least two (2) acres in size. Customary household pets such as cats or dogs are permitted throughout the town. Home farming is allowed.

(PS) I did some research on the number of times things pertaining to agriculture are mentioned in any part of the Zoning Ordinances. (See attached list.) Originally I thought we could define home farming, but my suggestion is to remove the last sentence of the definition completely. Home farming is too ambiguous and I would recommend deleting the last sentence of the Agriculture definition completely.

(PS) Motion that Zoning Board recommends a Warrant Article to have the definition of Agriculture revised by removing the last sentence, “Home farming is allowed.” (RD) Second. Carried 4-0.

We still need to meet with the Planning Board. (PH) to discuss with Clayton and advise Board.

ITEM 7. Public Input

Jeremy Charette: I am the owner/operator of Combustion Motor Works and am seeking to apply for a Variance (Special Exception) to house my business within the building a 211 Dowboro Road. There is currently an existing business there by the owner which is a septic service. I am currently seeking approval to become a motorcycle/car inspection station.

I came in to speak with the Building Inspector about three years ago and asked him if I needed a permit to operate and he noted I was “all set,” which is not the case after speaking with Jesse Pachco.

(PH) I would like to speak in favor of this. I see no problem with this. Why do all the abutters have to be notified? (JP) The State sent the application to the Town to verify if he had a legtimate business. I cannot sign this saying he is in compliance with the Zoning Ordinances.

Mr. Charette explained the location of his business via the tax map (See attached.) (CD) Mr. St. Laurent would have to submit the application and pay the fees since he is the owner, though he could authorize you to be his representative. Mr. Charette and Board discussed the time sequence needed to submit this application as Mr. Charette explained he needed to have this done as soon as possible because of scheduled return repairs that he is involved with. He noted that it has been very difficult since his name has been removed from the State roster for specialists dealing with emission problems. He was advised that he could pick-up the necessary paperwork for a Special Exception tonight and if he submits it by early next week, there would be sufficient time for proper notification and the Zoning Board to meet on November 15th and review. Building Inspector provided him with the necessary application.

(PS) This is a change of use from a single business to a multi-business (2) and would require a Special Exception to add his repair shop.

ITEM 6. Members Concerns

AHG: (PH) There is a chunk of land in S. Pittsfield over which the neighbors have had a battle since 2006. It has been to Court and Court has ruled in favor of Town. There have been a couple things that need to be cleaned up by the Planning Board. What needs to be done is a Bond to protect the buyers. The condo cluster would use part of a Class VI road to get into the development and BOS needs to give permission for this to get the ball rolling. Planning Board would like to have all their I’s dotted and T’s crossed before signing off on the project. Board is not trying to hold these people up but there are some things that CNHRPC notes need to be taken care of. (CD) read from the report dated September 28, 2012 from Matt Monahan:

1. Although 4/19/07 Planning Board conditions of approval have been met, the Zoning Board of Adjustment conditions of 10/18/06 have not been met which grant the special exception for the cluster condominium development. In general, the outstanding items pertain to condominium documents, official documentation pertaining to the Applicant’s maintenance of Thompson Road, and bonds for various improvements.

(JP) noted that the Planning Board has all this information and this is for informational purposes only. There has been some discussion about abandonment of the project. The problem that I see is that it was because it was tied up in Court. I think the two Boards could get together and walk through the issues. (CD) We would need a joint meeting with Planning. (RD) We would need the paperwork to review so we know what we have. (PH) It was noted by Town’s attorney that she would not defend the abandonment issues for the Site Plan. (JP) We would need to connect with the Planning Board to understand this completely.

Copies of the Minutes of Zoning Board of Adjustment dated October 8, 2006, Notice of Decision dated October 18, 2006, copy of the report dated September 28, 2012 and Clayton Wood letter to Jennifer McCourt, PE Manager, McCourt Engineering Associates will be forwarded to all Zoning Board members.

ITEM 7. Public Input

None.

ITEM 8. Adjournment

(RD) Motion to Adjourn. (PS) Second. Carried 4-0.

Meeting adjourned at 9:10 P.M.

Approved: February 14, 2013

_____________________________ ____________________
Carole Dodge, Chairman Date

I hereby certify that these Minutes were recorded by me on October 25, 2012, transcribed and public posted on October 31, 2012.

_________________________________________
Delores A. Fritz, Recoding Secretary

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