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

DATE: THURSDAY, DECEMBER 12, 2013

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

ITEM 2. Roll Call

Members Present:

Carole Dodge (CD), Chairman, John (Pat) Heffernan (PH), Albert Douglas, Alternate and Delores Fritz, Recording Secretary.

Members Absent:

Paul Sherwood (PS), Vice-Chairman, Paul Metcalf, Sr. (PM),
Christopher Smith (CS).

(CD) Please note that I just tried to contact Paul Metcalf and Christopher Smith by phone about the meeting tonight. They were contacted previously about the meeting, but did not respond regarding attendance.

Albert Douglas (AD), Alternate is seated on the Board.

ITEM 3. Approval of Minutes of November 14, 2013
Approval of Minutes of November 21, 2013

(CD) Since there are only two members of the Board here tonight, we will table approval of both these Minutes for the next meeting.

ITEM 4. New Business
a. Elected versus appointed Zoning Board

(CD) We had a joint meeting of the Zoning and Planning Boards last Thursday. The one thing that we needed to discuss tonight was whether or not the Zoning Board endorses having elected as opposed to appointed members. We would need the citizen vote to proceed as an elected Zoning Board.

(PH) I think it is a great idea. (CD) I do too.

(AD) I think there would be a conflict of interest if I entered a vote on this since members are appointed by the Board of Selectmen. I discussed with LGC and they agreed they cannot tell us how to do it, but in my eyes, I would not vote on this. I will not recuse myself because of the number of members present tonight but I will abstain from the vote.

(PH) So we should ask the Planning Board to have it put on the ballot. (AD) By my abstaining, the Board would still have a quorum but if I recuse myself, then there would only be two members and cannot vote on this issue.

(PH) Motion to approve having Planning Board put on ballot request for elected Zoning Board of Adjustment.
(CD) Second. Carried 2-0. (AD) Abstain.

PUBLIC INPUT

Jim Pritchard: I guess I would like to point out that the Planning Board would need to vote on this issue as well. Their vote would be the deciding vote. I do not exactly understand what LGC would have told Mr. Douglas. As an alternate on the Board, you have full membership privileges. How does being on the Board of Selectmen create a conflict of interest?

(AD) I believe that there is a larger problem than just the vote.
Jim Pritchard: I am not asking for an explanation, but I did not understand what the issue was. (AD) Being on the Board of Selectmen gives me the ability to approve appointments to the Zoning Board or not approve Zoning Board appointments. I would render a yes or no vote. I just feel as a Selectman that I should not render a vote on this. There are cases out that

that refers to this; namely Atherton v. Concord, 1968 and Merrimac v.
McCoy, 2004. However, since there are only two other members here, I did not want to recuse myself and therefore the Board could not vote on the issue.

(CD) We will need to give the Planning Board notice that there was a positive approval for elected Board and they can go from there.

Jim Pritchard: I cannot speak for the Planning Board, and I do not fault Paul Sherwood for not being able to make it tonight; he noted that at the Planning Board meeting. Christopher Smith has missed three meetings in a row. The Planning Board was trying to get a sense from the whole Board and it is unfortunate that Paul Metcalf and Christopher Smith are not here.
(CD) I did try to call them at the start of this meeting.

b. Other

(PH) What about this letter we got regarding property on Dowboro Road? (AD) You may want to discuss with Paul. There have been several E-Mails since the receipt of that particular letter. Paul would have a paper trail of other E-Mails pertaining to this.

(CD) As long as I have been on the Board, there has never been any requests before the Zoning Board for a Home Occupation up there.

(AD) I think Jesse got involved and I think it is a work in progress.

PUBLIC INPUT

Jim Pritchard: Did the members know what was on the Agenda tonight? (CD) Yes, everyone was notified by E-Mail.

ITEM 6. ADJOURNMENT

(PH) Motion to adjourn. (AD) Second. Carried 3-0.

Meeting adjourned at 7:30 P.M.

Approved: January 9, 2014

___________________________ ____________________
Carole Dodge, Chairman Date

I hereby certify that these Minutes were recorded by me on December 12, 2013, transcribed and public posted on December 17, 2013.

_________________________________________
Delores A. Fritz, Recording Secretary

No Attachments
Olympus: 1.7.11