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

DATE: THURSDAY, JANUARY 13, 2011

ITEM 1. Call to Order at 7:04 P.M. by Ed Vien, Chairman

ITEM 2. Roll Call

Members Present:

Ed Vien (EV), Chairman, Carole Dodge (CD), Vice-Chairman, Larry Federhen (LF), Ted Mitchell (TM), Alternate, Christopher Smith (SM), Alternate and Delores Fritz, Recording Secretary.

Members Absent:

Paul Metcalf, Sr. (PM) and Jesse Pacheco (JP).

(EV) Ted Mitchell, Alternate is also a member of the Planning Board and I see no reason why he cannot sit on Board tonight. He was at the Conceptual hearing before the Planning Board which did not offer any findings. Does anyone have a problem with his sitting on this Board tonight? (No response from anyone.)

Ted Mitchell, Alternate and Christopher Smith, Alternate were both seated on the Board.

ITEM 4. Public Hearing with respect to an application for a Variance filed
by Patrick Collins, Collins Real Estate Holdings, LLC,
45 Barberry Lane, Strafford, NH 03884 to construct (replacing
existing structure) an 8,000 square foot Family Dollar Store to be
located at 12 Catamount Road, Pittsfield, NH 03263
(Tax Map U01, Lot 9.) Agent for Patrick Collins is Donald
Sheldon,709 South Main Street, Bradford, MA 01835. This
property is located in the Light Industrial/Commercial Zone.
Applicant is requesting a waiver for ten foot side setback as well
as parking requirements.

(EV) We do have on file, permission from the owner for Mr. Sheldon to act as his agent if anyone would like to review this. (No response from audience.) Also present tonight is Rick Shea, Engineer.

(EV) The way we are going to proceed is that Mr. Sheldon will offer a presentation and then it will be opened to the public – those FOR and those AGAINST. I will then close the Public Input and this Board will address Mr. Sheldon with any questions they may have.

Donald Sheldon: I am currently contracting to purchase the property and arranging to construct an 8,000 square foot Family Dollar Store. Family Dollar has 65-68,000 stores nationwide selling a variety of discounted goods as well as a small food section. They are very interested in being in this Town and have been looking for a site for the past three to four years. We were originally told that this property was in the Commercial Zone but then found out it is in the Light Industrial/Commercial Zone. He explained the location of the building and noted why they were requesting the ten foot side setback. He noted that they would prefer straight in parking rather than having angled parking. Building would be heated by propane, have two entrances/exits, and handicapped parking. This would be a typical Family Dollar Store.

Mr. Sheldon noted that he had been advised when applying for the Variance that a Use Variance no longer exists and that he would now only need this single application. (EV) Because of change in State law, there is now only one Variance application, not a specific one. For all purposes, this lot will be considered as in the Light Industrial/Commercial Zone. In the application, it is mentioned as in the Commercial Zone.

Mr. Sheldon: The last issue is parking. We are a couple spaces short – 31 spaces. I believe this will be before the Planning Board.

Public Input:

(EV) Anyone like to speak FOR this Variance? (No response from audience.)
Anyone like to speak AGAINST this Variance? (No response from the audience.)

Fred Hast: I have a general comment that this would benefit the Town as well as the surrounding towns.

Dan Kramer, Building Inspector: The nice part of this is that Family Dollar Stores is a humongous company with stores from Maine to Arizona. It is a good stable company and should be with the Town for a long time.

(EV) What kind of building? Mr. Sheldon: It is going to be constructed of structural steel panels, pre-insulated, and energy efficient. (EV) Dan, have you had any experience with this type of building materials? Dan Kramer: “No.” (LF) This is a different company than the Dollar Store?
Mr. Sheldon: Yes. There is a similar one in Allenstown. (EV) With this franchise, is the owner governed by rules and regulations which they have to follow? Mr. Sheldon: This is not a franchise. It is company owned. They have controls in Arizona, even as to the heat and lights somewhat.
(LF) How many employees do you anticipate? Mr. Sheldon: About a dozen or so.

(EV) We will now proceed with the application and Criteria.

CRITERIA:

A. No diminuation in value of surrounding properties will be suffered.

(EV) It will increase property values around it. It will be a new building with an increased tax base.

All Agree 5-0.

B. Granting the Variance would not be contrary to the public interest.

All Agree 5-0.

C. A Variance is needed to enable the applicant’s proposed use of the property given the special conditions of the property.

(EV) At this time, it is noted that we have a letter from the Fire Chief Gary Johnson dated January 3, 2011 which was read into the Minutes. (See attached.)

All Agree 5-0.

D. The benefit sought by the applicant cannot be achieved by some other method reasonably feasible for the applicant to pursue, other than a Variance.

(EV) If this was a two or three story structure, it might be an issue. The back right corner is “out of specs.” Mr. Sheldon: The whole right side, actually. The right back corner of the lot is very steep.

All Agree 5-0.

E. Granting the Variance would permit substantial justice to be done.

(EV) There is just a minor shift in the building position. This will be a good thing.

All Agree 5-0.

F. The proposed use is not contrary to the spirit of the ordinance.

(EV) This is part of the reason for the Zoning Board. We cannot make “boilerplate” applications. The ZB can change the rules a bit as long as no one is hurt by the Variance.

(LF) In the plan you are asking for a 15 ft. setback, rather than the 10 ft. setback. Mr. Shea: We are asking for 15, just in case.

All Agree 5-0.

(EV) Yours is the “first stone thrown.” Hopefully, this will bring more taxes and employment to the Town and will not affect the school.

(CS) I assume that you will be wanting to put a sign on Route 28.
Mr. Sheldon: We will be looking into it. I believe that DOT addresses these signs. (TM) The ones that you are talking about are tourist related. (EV) If you can find someone with private property located on Route 28, perhaps they would allow you to put up a sign on their property. (TM) explained to him the location of a billboard type sign on Route 28 that might be amenable to sign rental.

(EV) People in Pittsfield realize that we have to change and what we are doing in order to get out of this rut. We have a Charrette plan coming up in a few weeks and explained to Mr. Sheldon what this would entail.

(CD) Motion to accept request for a Waiver of side setbacks for Patrick Collins, Collins Real Estate Holdings, LLC, 45 Barberry Lane, Strafford, NH 03884, Tax Map U01, Lot 9 in Light Industrial/Commercial Zone after having met all criteria. (LF) Second. Carried 5-0.

(EV) The vote is unanimous. Congratulations.

Dan Kramer: Do you want to approve it to continue as a retail operation?

(CD) Withdraw Motion and (LF) Withdraw Second. Carried 5-0.

(CD) Motion to accept the request for a Waiver of the side setbacks from 25 ft. to 10 ft for Patrick Collins of Collins Real Estate, for the property located at 12 Catamount Road, Pittsfield, NH 03263, Tax Map U01, Lot 9 in the Light Industrial/Commercial Zone after having met all criteria set forth by the Pittsfield Zoning Board for the setbacks and the continued retail usage. (LF) Second. Carried 5-0.

(EV) The Zoning Board listens and works together with different communities. There is 19 acres available concerning the Charrette and can be open for anything. (TM) The engineers involved with the Charrette will be looking at the Town and will try to come up with ideas for the Town.

All members of the audience left at 7:44 P.M.

ITEM 3. Approval of Minutes of July 8, 2010.

(LF) Motion to approve Minutes of July 8, 2010. (TM) Second. After Discussion: Carried 5-0.

Discussion/Corrections:

Page 4, Paragraph 1, Line 3 should read: ….assumptions of if.

Page 6, Paragraph 5, First Line should read: (JP) I would like you…….

Page 6, Paragraph 6, Line 4 should read: …It is a transfer station for shipping and receiving firearms from out of State and will be a place to receive it.

Page 6, Paragraph 7, Second Line should read: The range is for personal use not public use.

Page 8, Paragraph 2, Line 6/7 should read: (EV) Transfer of ownership would not require a new hearing.

Page 9, Paragraph 3, Line 4/5/6 should read: (CD) State law notes it is not for the outside and the surrounding building and is a gray area concerning shooting inside the building.

Page 10, Paragraph 2, Line 1 should read: (CD) We should not have conditions in our findings.

Page 10, Paragraph 2, Line 3 should read: I am not willing to go along with an “if.”

ITEM 5. Members Concerns

(EV) Paul Metcalf called beginning of the week to advise that he will be in Florida for awhile.

ITEM 6. Public Input

None.

ITEM 7. Adjournment

(EV) Motion to adjourn. (TM) Second. Carried 5-0.

Approval: April 14, 2011

___________________________ ____________________
Ed Vien, Chairman Date

I hereby certify that these Minutes were recorded on January 13, 2011, transcribed and publicly posted on January 19, 2011.

________________________________________
Delores A. Fritz, Recording Secretary

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