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

DATE: Thursday, September 24, 2009

ITEM 1. Call to Order at 7:00 P.M. by Ed Vien, Chairman

ITEM 2. Roll Call

Members Present: Ed Vien (EV) Chairman, Carole Dodge (CD), Vice Chairman, Jesse Pacheco (JP), Larry Federhen (LF), Ted Mitchell (TM) and Delores Fritz, Recording Secretary.

Members Absent:

Paul Metcalf, Sr. (PM)

ITEM 3. Approval of Minutes of September 10, 2009

(LF) Motion to approve Minutes of September 10, 2009. (TM) Second.
One word correction was noted. Carried 4-0. (TM) Abstain.

ITEM 4. Public Hearing with respect to an application for a Special Exception filed by Wayne Summerford, 790 Catamount Road, Pittsfield, NH 03263 to operate an automotive repair shop at 790 Catamount Road, Pittsfield, NH 03263 (Tax Map R-29, Lot 6). The property is owned by Mary Summerford, 790 Catamount Road, Pittsfield, NH 03263. This property is located in the RURAL Zone.

Wayne Summerford appeared noting that now the application is filed correctly. I have brought some pictures that Board can keep. We are in the process of setting up one bay. It is a lot of work to set up a small business. This will be a clean operation, is well suited to the area and will cause no traffic problems. There will be no junk cars stored there. My intent is for rental purposes. It has been a tough couple of years for us and taxes are about $12,000.
(EV) So basically you own this building and you will be renting to Paul Provencal. Mr. Summerford noted that he has known Mr. Provencal for 6-7 years. I personally love cars and tinkering with them and will be there to support him.

(EV) We have requested that you file the Special Exception and this way it will stay with the land. (JP) How many businesses run out of this building now? Mr. Summerford: One, we make gift bags and buy and sell items. There are two distinct buildings separated by a small hallway and in the front of the building will be the repair shop. (JP) What is in the back? Mr. Summerford: My warehouse.

(CD) When the original Variance went through, the Zoning Ordinances were different and it was granted quite some time ago “under commercial entity.” (LF) Do you have a background in auto repair? Mr. Summerford: I used to repair machinery and used to work in a garage. Mr. Provencal explained that he has about 27 years experience working with cars. (LF) Frankly, my concerns are not about approving this but whether it is a viable business. There are about six established repair shops in Town. I am concerned for you as to whether it would be a viable business. Mr. Summerford: I support it.

(EV) noted that he had stopped there and what you see in the pictures is what I saw. (LF) Are you actually going to be working on cars? Mr. Summerford: I am going to try not to, but will back him up. I am around the property most of the time. In a year or two I am hoping that there will be quite a clientele. (LF) Have you made any provisions for waste antifreeze and oil? Mr. Summerford: Yes, it will be contained inside in a sealed drum. Anything oil based can be used for the burner. (JP) What about screens and oil filters? Mr. Summerford noted that these will be drained, compressed and disposed of. Board and Mr. Summerford discussed any painting that might occur, minimal repair of body parts, other repairs that might result, and whether and length of time storage of cars would occur.

PUBLIC INPUT

Bill Miskoe, Thompson Road, noted that he is not a direct abutter but is within viewing distance of the property. He noted that he is in favor of this endeavor and buildings in the Rural Zone that already exist are of no value unless use can occur. Otherwise, it is a hardship to own property. This would be a reasonable use of the property as configured. If you cannot use it, what good is it? An unusable building detracts from residential area and there is no cause for me to complain.

Paul Provencal noted he is in favor of this. He is helping me out and hopefully I will be helping him out. If it pans out, I will be hiring another employee. I plan on running a fair business and doing a good job for my customers.

Closed Public Input

(EV) Does the Building Inspector have any comments on this? Building Inspector noted that as long as there is no loud noise at night, it would be an acceptable business. (EV) noted that he had received an E-Mail from John Hanlon, an abutter, and that he had no objection. His only request was that the outside parking area not contain disabled and junk vehicles.

CRITERIA:

A. The specific site is an appropriate location for the proposed use or structure.

All Agree 5-0.

B. The proposal will not be detrimental, injurious, obnoxious, or offensive to the neighborhood and will not diminish the value of surrounding properties.

(EV) As long as it is run as a regular business and there is no one in there late at night. Mr. Summerford: That is not our intent. (LF) If we agree, there would be a restriction in regard to outside storage and parking.

All Agree 5-0.

C. There will be no undue nuisance or serious hazard to pedestrian or vehicular traffic, including the location and design of access ways and off-street parking.

All Agree 5-0.

D. Adequate and appropriate facilities and utilities will be provided to insure the proper operation of the proposed use or structure.

All Agree 5-0.

E. The proposed use or structure is consistent with the spirit of the Town’s Zoning Ordinances and the intent of the Town’s Master Plan.

All Agree 5-0.

(EV) informed Mr. Summerford that the application had passed. Board further inquired as to the number of parked cars at any given time, duration of storage, actual parking area, and former owner’s use of parking. Board agreed that there should be no storage of any unrepairable cars for any length of time. Mr. Summerford and Provencal noted that the planned business hours would be 8:00 A.M. to 5:00 P.M. and occasionally maybe from 6:00 A.M. to 8:00 P.M., six days a week. It was noted that it is a quiet building and well insulated.

(EV) How many unregistered vehicles are allowed on a property? Building Inspector noted “Two.” (CD) noted that number of unregistered vehicles is different for businesses but “I am unsure what that number is.”

(CD) Motion to grant a Special Exception to Mary and Wayne Summerford to operate an automotive repair shop at 790 Catamount Road, Pittsfield, NH 03263 (Tax Map R29, Lot 6). This business will not store unrepairable vehicles and will follow all local and Federal regulations relating to an auto repair shop. (TM) Second. Carried 5-0.

ITEM 5: Building Inspector Report

(EV) related that he would like to cover some things that transpired at the last meeting of the Zoning Board. He related that Kyle and he had been discussing this. One of the questions posed to Kyle was documentation as to what they are asking and what they are being told.

(JP) When an application is filed, notes attached by you as to what was discussed would be helpful. Of more concern is when it comes in front of us how do you vote on an application when the structure is already there?
(CD) Also, he filed an old application and we had to piece it together to cover all the criteria. (EV) related that the Board had divided the Use and Area Variance so they are separate applications. We had to bounce back and forth to make sure that everything was covered. (CD) These people had the wrong application. It should have been a Special Exception. Maybe we can handout a checklist of what is needed. Building Inspector related he is in the process of implementing a checklist of forms to make sure everything is received. (CD) If you draw up a checklist, it gives you the information and you can pass it on to us. It would make it easier. (EV) You can let the applicant pick out what he wants to do. (CD) Also, the landowner names – applications should be filed by the property owner as it stays with the land.

(EV) Sometimes they do not want to tell you what they want to do.
(JP) Sometimes they do not want to tell you everything. (EV) related that sometimes “handiwork” is already built, but ignorance of the law is not an excuse. Some places fine individuals for this. Kyle indicated that there is a fine system already in place and it is quite a hefty fine.

(EV) We can work on these things together and tighten things up. It will help the applicant and help us.

OTHER

Building Inspector had some questions for Board on wholesale auto dealership if site is for “handling just the cash end of it.” Board offered him some means by which he could research this.

ITEM 6. Members Concerns

None.

ITEM 7. Public Input

Building Inspector related that he likes the way the Zoning Board operates and the way they conduct hearings.

ITEM 8. Adjournment

(LF) Motion to Adjourn. (CD) Second. Carried 5-0.

Meeting adjourned at 8:25 P.M.

Approved: January 7, 2010

____________________________ _________________________
Ed Vien, Chairman Date
Zoning Board of Adjustment

I Tape

I hereby certify that these Minutes were recorded by me on September 24, 2009 and publicly posted on September 30, 2009.

______________________________________
Delores A. Fritz, Recording Secretary