September 11, 2008 Minutes

Pittsfield Zoning Board of Adjustment
Town Hall, 85 Main Street
Pittsfield, NH 03263
Minutes of Public Meeting

DATE: Thursday, September 11, 2008

ITEM I. Call to Order at 7:04 P.M. by Ed Vien, Chairman

ITEM 2. Roll Call

Members Present: Ed Vien (EV) Chairman, Susan Muenzinger (SM), Vice Chairman, Carole Dodge (CD), Paul Metcalf, Sr. (PM), Jesse Pacheco (JP) (Arrival at 7:30 P.M.) and Delores Fritz, Recording Secretary.

Members Absent:

Larry Federhen (LF), Alternate, David Rushford (DR), Alternate.

ITEM 3. Approval of Minutes of August 14,2008

(CD) Motion to approve Minutes of August 14, 2008. (PM) Second. After discussion and change of one word: Carried 4-0.

(EV) recused himself and was seated in the audience.

ITEM 4. Public Hearing with respect to an application for a Special Exception for a Home Occupation for landscape and design business filed by Chris Morel, 375 Tilton Hill Road, Pittsfield, NH 03263 (Tax Map R-06, Lot 3). The property is owned by Edmond and Marion Pouliot, 375 Tilton Hill Road, Pittsfield, NH 03263. This property is located in the RURAL Zone.

(SM) I should inform you that normally this is a five member Board, but tonight there are only three members present. You are entitled to have five members voting on your application. All three members would have to vote in the affirmative to give you approval of your application. The decision is yours as to whether you choose to go forward tonight.
Mr. Morel, “I would like to go ahead with the hearing.” (SM) You clearly understand you need three affirmative votes. If you do not choose to go forward, it would go for another month.” (SM) explained the situation in regard to missing Board members. Mr. Morel requested that the Board go forward with the other items on the Agenda first and then proceed with his application at which time another Board member, who is on his way, would arrive. (PM) noted that he would do better with a four or five member Board. Mr. Morel noted that it sounded like it would be better if he waited. Mr. Morel was informed that an additional Board member was on his way and questioned whether he would like to wait for his arrival to proceed. Mr. Morel consented to waiting.

(EV) returned and was seated on the Board. (7:15 P.M.)

ITEM 5. New Business

(EV) noted that Board members have a copy of a “proposed” Development Guide provided by Economic Development Committee. What has been found is that there is no avenue for new people coming into Town on how to proceed if they choose to do certain things within the Town. Matt Monahan of the CNHRPC found this guide to use in developing a handout for new residents of Pittsfield. This is a non-binding document and would be just a guide. The EDC has also forwarded a request to the Planning Board to offer their reviews, edits and/or additions and other suggestions. It was voted on last night to ask the Zoning and Planning Boards to help us out on this.

I am asking the members of the Zoning Board to review this and suggest edits and/or additions also. This should be returned before October 31st so that we can send back to CNHRP and come up with an acceptable handout.

There is a conference coming up which is the 33rd Municipal Law Series. If anyone is interested in signing up, it is on October 25th. There are several to choose from. (SM) I would think that a useful one would include the Legislation, which is pending. Perhaps, the new Building Inspector might go to this.

(EV) There is a letter from the New Hampshire Land Surveyors as to who can certify land boundaries and who cannot.

ITEM 6. Members Concerns

(EV) noted that his big concern is what we are experiencing right now with an insufficient Board member count. This is not acceptable. (PM) “We might need another alternate.” (SM) “One that is going to attend.”
(EV) Due to circumstances, we might have to ask Larry Federhen to move up to a sitting position. (CD) We could send a letter to Board of Selectman about our concerns. (SM) suggested talking to (JP) first to determine his availability. (EV) “If he does not want to step down, then there is nothing we can do.” (SM) suggested talking to him after tonight’s hearing.

Recess at 7:25 P.M., awaiting the arrival of (JP) to go forward with the Morel hearing.

(JP) arrived at 7:30 P.M.

(EV) recused himself and was seated in the audience.

(SM) Our fourth member has now arrived, but I must still inform you that a four member Board can proceed but you are entitled to a five member Board. Mr. Morel chose to go forward with the hearing tonight.

(SM) explained that Board would hear a dissertation from Mr. Morel in regard to his application with the Board asking questions. The Board will then entertain comments from those in favor and then those not in favor. All will have an opportunity to speak. At the close, we will offer a decision.

Mr. Morel noted that the property is owned by his mother and father-in-law. He noted that he eventually intends to build a house on the property providing for housing for his in-laws as well. Currently, the property I live on is all landscaped which is not business related. I am not planning on doing any business up there. I only park my trucks up there. I have already gotten rid of three pieces of machinery. Basically, I only need to park my trucks there. I go to people’s houses to work. I am not selling anything except Christmas trees during the season. When I started doing this business, I asked Town Clerk if I had to do anything for my business and she said “No,” because I live there.

I have been questioned by Building Inspector as to whether I have a junkyard going on up there? I explained about the property. I went with his idea to clean up the property and get the junk out of there. There are some old cars up there, a mobile home camper, which I personally use, and a large dump truck, which has all been redone. There are piles of lumber and some brush piles. Whatever I am doing, I am doing for my family. I do have a sign on the front lawn for the business. I am not running a store or a flower shop. I just park my vehicles there. I also plow in winter and I have a couple of plows. I also have various pieces of garden equipment.
(SM) “You do yard maintenance?” Mr. Morel noted, “That is pretty much what I do.” (PM) Are you running a business out of that locale?” Mr. Morel, “Pretty much, Yes.” (JP) asked several questions regarding the plows. (CD) questioned Mr. Morel as to what equipment is not registered? Mr. Morel explained which vehicles were there on a regular basis and which vehicles were registered.”

Mr. Morel noted that he has done a lot to the property. “This is what I do and what I like to do.” He explained to the Board the various landscaping projects he has accomplished on the property. (JP) “Do you have a sign up there?” Mr. Morel, “A small, removable sign.” (JP) “You have been there for ten years?” (SM) “How long in business?” Mr. Morel responded about five years. (SM) So, you design a piece of property, acquire materials, sometimes bring nursery items to your home, but do not sell plants from your property, they usually go straight to the client’s home. Mr. Morel assured her that the only things he takes back home is “leftovers – plants, bricks, pallets, staging, etc.” (SM) “And these are used on your own property for your own use?” Mr. Morel, “Yes.” (JP) questioned whether these leftovers were stockpiled at his home? Mr. Morel explained that anything brought back to his house is usually used. He noted that he would be willing to buy a fence though there are shrubs up along the property and would be willing to continue that.

(JP) Regarding the sale of the Christmas trees…. Mr. Morel explained that he cuts about 100 trees up at Franconia Notch, which he hauls back and sells almost every year, except for last year, and all those not sold are burned. (JP) questioned how the trees are displayed – lights up? Mr. Morel explained how he sells and displays trees explaining that there are about 15-20 people per day attending and that there is sufficient room for anyone to pull in and turn around for exiting. (PM) questioned Mr. Morel if he had ever been in district court on violations? Mr. Morel, “No Sir, most people around where I live are very quiet.”

Public Input

Dan Schroth noted that he is in favor of Mr. Morel’s application. The Planning Board is working with the voters to have more chances to allow home occupations. He also had several questions as to whether a stone fence requires a Special Exception, which he was assured would be dealt with at another time. He also noted that taxes are going up and we need to allow people to do some kind of work including home occupations.

Phyllis Snedeker noted, “Chris does a great job at his home. His landscaping is beautiful. He has even given us some landscape design ideas, which are great ideas in regard to a courtyard in front of my property. They are a great family.”

James Snedeker related, “I agree. I feel Chris Morel keeps his property very nice. From what I have gathered, he keeps his trucks in his yard and they are all registered vehicles and he can really park where he wants.”

(SM) “Because he wants a business in terms of use in a residential zone a Special Exception is required. That is why Mr. Morel is here tonight.”

Stan Bailey, “I have nothing against Chris Morel personally. His perception of things is a little different than mine. He has several unregistered vehicles on the property and there are back-up alarms have been heard on a daily basis for the last five years he has lived there. One of the biggest problems is that our property has now been assessed for less because of this property next door to us. The main thing is the back-up alarms, and trucks going in and out. Granted, the last three months things have slowed down, but if things pick up again, he’ll buy more equipment and it will be worse.” He noted that once the leaves are off the trees, they have to look at the vehicles in the back area. Noise and the condition of the property are the biggest problems. Mr. Bailey also noted that he is conducting business on property that is someone else’s property. (SM) assured him that the owners of the property are agreeable that for Mr. Morel can utilize the property for his business.

Another neighbor, Mrs. Gadwah noted that they get along well and is fine with this as long as it stays the way it is even though they are irritated by the beeping. If his business takes off, then the noise will increase. The noise during the day is not so much of a problem, but on the weekends and evenings, it can be. He does not have much equipment right now. We want a nice quiet neighborhood. Mr. Morel explained that the “beeping” is a safety device to keep people and kids safe. As far as being a dump, he explained that he is fixing up the property as he goes and anticipates someday building a house. “I am willing to put up a stockade fence.” I am trying my best to raise a family. He explained that someday the property would be beautiful front to back.

Members of the Board and Mr. Morel further discussed the lumber and brush piles, the beeping back-up noises and his talking with his neighbors in regard to these issues. (PM) “You received a letter from Mike McLaughlin, Building Inspector, noting that he had talked to you. He notes that the property has not been cleaned up.” Mr. Morel explained that he is still in the process of doing that and that because of business, he has added a few more things temporarily.

(PM) noted that there were two things that should be done. One is to clean up the property and two, take care of the noise problems. Mr. Morel explained that during the winter, he snowplows and it is unpredictable as to when he is called to do so which can be during the middle of the night.

Dan Schroth noted that more and more businesses are starting in homes. Give the workingman a change to “Live Free or Die.”

Phyllis Snedeker related that there are more homes in this area than in the past, which results in more traffic, businesses, and noise so, it is not as quiet as it used to be when people first moved in. The economy the way it is going down, and being an election year, there are highs and lows in businesses

(SM) Now that everyone has had an opportunity to speak, we will close the hearing and deliberate.

(CD) “I have a question as to whether it fits as a home occupation – the Christmas trees for one, even though it is seasonal or not, it is a display of one’s wares. My question is whether a business is being conducted there if only the vehicles are being parked there?” She noted that there is a Noise Ordinance in the community, which he might adhere to. Board began going over the criteria. However, (SM) noted that Board first should deal with whether it is a home occupation or not.

Board further discussed living conditions on property, number of current and past employees, and equipment. Mr. Morel indicated that his business is not really located there and that he just parks his equipment there. He explained that most of his records are in his car and that he has two cell phones which he utilizes for his business and that he does no marketing of his business from this property.

Board took a vote to decide whether it was considered a home occupation: (PM) and (JP) yes, (CD) and (SM) no. Board asked further questions in regard to where business is conducted, parking of vehicles, where he keeps his business records, what he does when he has to rent equipment for bigger jobs, and if he was amenable to fencing his property.

(SM) “Are we ready for a vote?” (PM) indicated that he still feels the same way though you are saying that you operate mainly out of your vehicle. (CD), (JP), and (SM) voted that this is not a home occupation. (SM) Since the vote was 3-1, it means you do not need a Special Exception for a home occupation. However, two of your neighbors are concerned about the noise issues. This Board cannot put any conditions on you but it might be prudent to work with your neighbors in this regard. Mr. Morel agreed that he was willing to work with his neighbors and willing to do whatever they need him to do.

(SM) noted that (CD) had previously mentioned that there is a Noise Ordinance in Town. (CD) Though we do not have a copy of it before us, there are different time constraints according to the day of the week. I suggest you go talk to your neighbors and work the noise issues out. You might also consider putting up some sort of screen since you have cleared a lot of the underbrush, which acts as a noise deterrent. (SM) “If the property starts accumulating a lot of junk, it is likely the Building Inspector will be coming by. (CD) If your business does get bigger, come back before the Board. Mr. Morel agreed that he would find a way to get along with his neighbors. (CD) I suggest you introduce yourself to the Baileys and try to work with them on some of these issues. (PM) You have been very honest tonight and Board appreciates this.

(CD) Motion that the Zoning Board finds that Chris Morel, 375 Tilton Hill Road, Pittsfield, NH 03263 (Tax Map R-06, Lot 3) does not, in our opinion, require a Special Exception for a Home Occupation when his business is mobile and is not located at his home though Mr. Morel parks his trucks on the property. He has been advised to discuss with his neighbors and work out an agreement regarding the noise factors on the property and that he needs to follow through and put up some sort of screening. (JP) Second. Carried 3-1 (PM).

(CD) reiterated, “If in time your business grows and becomes larger again, come back before this Board so we can give you appropriate conditions and review.”

(SM) explained the thirty-day appeal process to Mr. Morel. “This decision is appealable.”

(CD) suggested that he remove the landscaping business sign from the property and Mr. Morel agreed. (CD) Your business is mobile.
(PM) Please try to work with your neighbors.

Hearing ended at 8:55 P.M.

(EV) returned and was seated on the Board.

ITEM 7. Public Input

Dan Schroth related, “With the new Shoreline Protective Act, anyone within fifty feet of water cannot remove a tree or a stump. This is going to turn everyone into a lawbreaker. No one is going to do it.”

Jim Pritchard noted, “As you may recall, you do not have jurisdiction for junkyard permit. I saw a notice regarding this. I went into Town Hall and asked to see the application. Cara told me that there was no application. The Richardsons also told me there was no application.” (SM) “Are you waiting for a response?” Mr. Pritchard indicated that it should be noted in the record that there is no application.

MEMBERS CONCERNS (Continued)

(SM) The Home Occupation definition should be modified. This definition should be “tweaked.” (PM) noted that the definition leaves us “wide open.” (SM) You can almost do anything under the guise of Home Occupation if you have the desire. (PM) questioned how Board could put teeth in this noise thing? (JP) that this would be up to the neighbors contacting the Police.

(EV) noted that he has a real concern regarding attendance. It was suggested that he talk to (DR) and request him to attend the meeting or perhaps, resign if he is unable to attend. (JP) explained to Board why he has been absent and why he was late this evening.

ITEM 8. Adjournment

(SM) Motion to adjourn. (PM) Second. Carried 5-0.

Meeting adjourned at 9:03 P.M.

Approved: October 9, 2008

_______________________________ ____________________
Ed Vien, Chairman Date