January 6, 2011 Minutes (Public Hearing)

Pittsfield Planning Board
Town Hall, 85 Main Street
Pittsfield, NH 03263
Minutes of Public Hearing

DATE: THURSDAY, JANUARY 6, 2011

PLACE: Pittsfield Middle/High School, Lecture Hall, Oneida Street, Pittsfield, NH 03263

CALL TO ORDER: Call to Order at 7:00 P.M. by Bill Miskoe, Chairman.

MEMBERS PRESENT: Bill Miskoe (BM), Chairman, Fred Hast (FH), Selectman Ex Officio, Daniel Greene (DG), Dan Schroth (DS), Pat Heffernan (PH), Clayton Wood (CW), Alternate, seated at 7:05 P.M. and Delores A. Fritz, Recording Secretary.

MEMBERS ABSENT: Ted Mitchell (TM), Vice-Chairman and Rich Hunsberger (RH).

PUBLIC HEARING:

Public Hearing to hear comments from the public concerning the Zoning Ordinances revisions/changes as proposed by the Planning Board.

(BM) I would like to introduce Matt Monahan, Central New Hampshire Regional Planning Board and Dan Kramer, Building Inspector.

Anyone wishing to be heard, please state your name and question.

Public Hearing is opened at 7:02 P.M. Handouts of Outline of Changes (see attached) were available to the public.

Matt Monahan (MM) related that there were two different overviews of what the Planning Board had been working on for approximately the past year. The first was the Process/Clean-up Changes and the second the Policy Changes. The Process changes spell out the when, how and why as well as clarity of definitions, undefined terms, ZBA authority and duties, Special Exception process, updated Variance and formatting, Shoreland Protection Act and deletion of Phasing and GMO.

The Policy Changes cover owners of split lots, updated Table of Use, parking requirements, definitions, density incentives, sign regulations, Home Occupations, and proposal of senior housing.

Jim Theodore: Don’t cluster developments create more taxes and more children? (MM) Actually, in cluster development, roads are the biggest issue and this would allow for shorter roads. Jim Theodore: But there would be more children. (MM) There would still be the benefits to taxpayers. Jim Theodore: If there are too many houses, there are many more kids. (FH) The trend today is that people are cutting down the size of their families. The school used to have around 800 and now the population of school is just under 500. (MM) Both have their merits. This will probably be a “stand alone” item on the ballot. Jim Theodore: I am thinking of the total taxes on my property.

Eileen Legg: So there will be a small area for houses and then open space which will be taxable land with all the people in the cluster paying for a portion of the open space? (MM) Everyone owns a piece of the open space/common area. Eileen Legg: This would be including quite a bit of land and only the houses would be compressed together. The common area would also be taxable land? (MM) Yes. The Cluster Ordinance is still on the books today but there is no density noted. Presently, there is no density provision.

Table of Uses: (MM) read into the Minutes, the Table of Uses by right and exception in the Urban, Suburban, Rural, Commercial and Light Industrial/Commercial Zones.

Jim Theodore: Can special exception land include blasting? (MM) It can, but it depends where materials are located. If blasting is involved, it would be governed by State law as to how it is done. Jim Theodore: What is the distance needed on a Shooting Range? (PH) About thirty (30) feet from an accessory structure.

Unknown Individual: Did these definitions come from you, the Planning Board or elsewhere? (MM) All of the above. Unknown Individual: What about the Home Occupation? (MM) Home Occupation definition uses common terms. We do not want to regulate this from a definition – just define it and not regulate it. He noted that Combined Dwelling/Business was crafted to cover a business on main level and apartments on the upper floors. The Mixed Use/Resident would include duplexes with one side business and one side resident. Unknown Individual: Do these combinations permit more apartments in the downtown area? (MM) It could.

Hank Fitzgerald: Duplexes are by Special Exception only in the Urban, Suburban and Rural. People are having a hard time keeping their houses. Owner can occupy one side and rent other. You are just putting them through another set of hoops. You were supposed to be clearing the problem up and not leaving them there. It is hard to follow this without a copy of the Ordinances and the changes involved. (BM) This has all been documented on-line and a copy was available for review at the Town Hall.

Larry Konopka: What about windmills? (MM) The Board is collecting information on this and will be addressing between now and the next Public Hearing. Larry Konopka: There would be a clearer picture of these things if you had made available a copy of the Table of Contents.

Jim Theodore: How can you vote on something if you do not have it available to you in print? (BM) The Board is meeting again next Thursday and another Public Hearing will be held before it is on the ballot and it will be available prior to that time. Hank Fitzgerald: So you are breaking it up and putting it on the ballot? (BM) The information is coming out when the information is available. There will be some separate Warrant Articles such as on the Clusters.

Stan Bailey: To begin with, shouldn’t all these questions be directed to the Board? (BM) Matt Monahan has assisted us by showing us where/how the Zoning Ordinances need to be improved and why. The Board discussed these, taking into consideration the Federal and State Laws which we need to comply with, and then he offered us information on how to write them keeping the Statutes in mind.

Stan Bailey: It is good to have an overview and then have questions. I would like you to address the “relaxed” parking requirements. (BM) Several cases have come up before the Board for businesses without any parking sites. This Board cannot approve nor do anything unless they meet the parking requirements. Some businesses do not need as much parking as the Ordinance requirements indicate. If the “relaxed” parking requirements do not work and get out of hand, we can change it again. (MM) read into Minutes the criteria as indicated in the Ordinances. (BM) There is less regulation but it is not uncontrolled.

Hank Fitzgerald: Are you telling me that the Planning Board is starting to interpret Zoning? Under Zoning, not Planning, you cannot give less than what is required. (MM) The Board can issue Conditional Use Permits which was lacking before, but you have to spell it out.

Carole Richardson: Are we trying to look like some other town? Why are we involving Matt Monahan in this? (BM) The Zoning Ordinances were written in 1988 and have been amended piecemeal since that time but it has been noted that some things have been lacking. The Town funded a Consultant Agreement for Planning Board to work with Matt Monahan, CNHRPC, to revise it to make it work better. It is out-of-date and needs to be cleaned up. This Board has tried to do it before but did not have the expertise to do it. Matt Monahan does have this expertise. We are trying to open up the Zoning to help the Town as the EDC is also doing.

Carole Richardson: Regarding Junkyards, which is “near and dear to my heart,” how are you bringing this into the Zoning Ordinances? (BM) Now there is no provision for one anywhere in Town. If you do not zone it somewhere and allow it somewhere, it can go anywhere. Barbara Lee: Then why do we have them if they are not allowed? (BM) Because they were there before Zoning. If it was in place before this time, then we cannot change it.

Jim Theodore: How much was funded for this consultant? (DS) About $17,500.

Susan Muenzinger: I think the Board and Matt Monahan have done a good job on the policy side, but I am a little concerned with the underlying zoning. I think it would behoove Board to look at not tampering with some uses in a piecemeal fashion this year and not try to revamp zoning. Board should take time to look at Suburban and Industrial Zones to see if they could divide up into useful categories. The EDC is hosting a Charrette and they would be coming up with downtown uses and then this will be coming forward and change things. I would recommend that you go ahead with the Process part and maybe the relaxed parking. (BM) The new Master Plan indicates no changes in zones. Another reason we are not changing zones is that we need to first attract businesses and then make adjustments in the zones. Zoning changes decrease property values. Susan Muenzinger: If you are concerned with property values then you should take another look at the uses.

Hank Fitzgerald: Has the ZBA been involved in this? Has the BOS reviewed this? (BM) There are Minutes involved concerning the different boards. The BOS, I believe, has not reviewed this.

Lester Furstenberger: I have a question about apartments and the impact on the tax rate. This Combined Dwelling/Business – will it increase the tax burden? (MM) If it is in a newly developed area, you would need a road but you save on services when you re-develop the downtown. It is difficult to say what kind of units are going to generate more children. You are saving on infrastructure in the downtown area. Lester Furstenberger: I disagree with you. Pittsfield has been the dumping ground for Section VIII housing. (BM) We looked at the economic realities. People are not building storefronts with apartments. Jim Theodore: Mr. Miskoe, define where our slum area is? (BM) noted he did not feel that was the issue now. Jim Theodore: You called the Town a slum. I would not like to live here if it was a slum. (PH) We are talking mixed use. The only place realistically it can happen is in the downtown area, but with new life comes safety codes and building codes, which can be cost prohibitive to do. To retrofit existing structures would be cost prohibitive.

Hank Fitzgerald: You say you cleaned up the sign regulation. I do not believe there ever was one. (BM) We talked about it.

Art Morse: I would not like to pass these until I know what is happening in those areas. Maybe some of the lines would need to be changed.

Larry Konopka: On Signs, is there anything since the last meeting? (MM) We are collecting comments and are going to work on it all in one shot.

Definitions: (MM) We have talked about definitions. There are a lot of them and there have been several changes. He elaborated on the various definitions starting from the beginning of the list. He read into the Minutes Article 12 Home Occupation. Larry Konopka: Didn’t Board discuss having a Site Plan Review required by Planning Board which was to be added to the definition? (MM) This will be done when we do “all” the proposed changes.

Hank Fitzgerald: So what I am understanding is that this Board will ultimately decide on it. It will be the same problem as in the ZBA; people will be doing it without ever asking. Why are you removing the ZBA and putting it in the Planning Board hands? Just move it. The elected Board will not always have Matt Monahan. It is coming down to who you are and not what you are doing. (BM) That is not our intent. Larry Konopka: I suggested it for a Site Plan Review because it is not always appropriate for all locations and in all zones. Denise Morin: How would you define increased traffic if there is a home occupation? Barbara Lee: Aren’t there concerns regarding Home Occupation of all kinds – signs, increased traffic – they all reflect negatively on the abutters. (BM) No one gets to do it until there is a Site Plan Review.

Stan Bailey: Home Occupation affects a lot of things and consideration should be given to traffic, lights, and temporary status; all these need to be addressed. There are little businesses popping up in Town and they need to be regulated. (BM) Regulating is not perfect; all rules cannot cover every single scenario. Lester Furstenberger: To that point, the Board needs to consider the legal standard with more legal input.

Jim Theodore: I was wondering in the rural area and the multi-family, what are the restrictions. (MM) No building higher than 35 feet and only three stories.

(BM) We will have another Public Hearing on January 20th. We are now closing the Public Hearing on the Zoning Ordinances changes/revisions. (MM) If anyone has any concerns or comments, by all means please send them in. We will collectively address all comments.

Recess: 8:33 P.M. Public Hearing resumed at 8:40 P.M.

PUBLIC HEARING:

A Public Hearing to hear comments from the public concerning the Citizen Petition to repeal the Pittsfield Zoning Ordinances as proposed by Dan Schroth.

Dan Schroth: Many people have heard about repealing the Zoning Ordinances and it is scaring some people. The world is changing. Thank you, Matt, you did a wonderful job.

There are two reasons why I would get rid of the Zoning Ordinances. One is constitutionally and secondly because of economics. “I am not here to talk people into this.” Pittsfield has one of the highest tax rates in the State. The tax rate is going up and we can’t seem to stop it. The Planning Board and Zoning Board have shut down the seeds of growth in our Town. He reviewed the 21 reasons as noted in attached pages.

Hank Fitzgerald: Bill, what is the difference between what you are proposing and what Dan is proposing? (BM) Nothing. Jim Theodore: Dan you work with the Planning Board on the Board.

Stan Bailey: Dan, you have a Home Occupation with the tornado wood. If one of your neighbors complained about you running the chainsaw late at night that would be a good example as to why we need Zoning. (DS) The tornado wood business bought my wife a laptop and now she has a good business going.

Barbara Lee: You do not care about others. Stan Bailey: You have to respect your neighbors. Concerns can be for any one’s business. If there are no controls, anyone can do anything. (DS) I only worked on the tornado wood business for two days this season. I use my own land. Someone told me they cannot hear the chainsaw. Ed Vien: Do you have any proof of any communities that had zoning and then did not and have improved their towns? Any actual towns? (DS) Yes, Pittsburgh. Ed Vien: Last year the ZBA had five applications, one of which is still pending. That means that four times people had to come before the ZBA. I disagree we put hurdles up and stop people from coming in.

Barbara Lee: Pittsfield is going to be a dump. My property values are going to plummet and I would not be able to sell my home. Lester Furstenberger: My concern with doing away with the zoning is that it would impact property values. We want to protect our property. Most people are afraid of what is going in next door. Denise Morin: What would happen if someone put up some kind of tower and your wife would not be able to use her laptop? (DS) I have no problem with tall things on the property next to me.

Many individuals, speaking at the same time, were concerned about what would go up on the property next to theirs which could be detrimental to the “neighborhood” and abutting their property.

Public Hearing closed at 8:52 P.M.

PUBLIC HEARING:

Public Hearing to hear comments from the public concerning the acceptance of Bailey Drive, off Route 107 (Laconia Road) as a Town road.

(BM) This is concerning acceptance of Bailey Drive and whether this Board can recommend to Board of Selectmen to accept that road. George Bachelder and third party engineers have now signed off on the road. This all came about because of the subdivision.

George Bachelder: This road has been completed according to Planning Board specs and is now way overdue for acceptance.

Joan Osborne: Isn’t the association supposed to be responsible for their own maintenance? (BM) This was never presented that way that they would take care of it themselves.

Hank Fitzgerald: You need to talk to Matt Monahan and Town Counsel about this. Seventy five percent of the properties have to be sold and then they have to petition for this. The way it is now, cement trucks or any kind of trucks, can crush the sides of the road. Matt Monahan: Hank Fitzgerald is right. For a road to be accepted, the majority of the subdivision should be built. (BM) You are correct, but the Planning Board is being asked whether subdivision requirements have been met. Hank Fitzgerald: So you are saying it is acceptable? (BM) We are saying that the road has been built according to our specs. George Bachelder: The road is built better than our Town roads. Trucks will not hurt it at all. Joan Osborne: If you go back and look at Subdivision hearing, they are responsible for their own road. (BM) Dee will pull file for you. Project may have changed after it was approved. It may not have been approved as initially presented.

Board agreed that they would table this matter until further research can be done as to whose responsibility it is concerning the road.
Public Hearing closed at 9:10 P.M.

Citizen Petition – Dan Schroth:

Board decided to vote on the citizen petition as presented by Dan Schroth.

Dan Schroth left meeting at 9:10 P.M.

(DG) Motion to NOT RECOMMEND the citizen petition as presented by Dan Schroth: “Are you in favor of the repeal of the Pittsfield Zoning Ordinance as proposed by petition of the voters of this town?”
(CW) Second. Carried 4-0. (FH) Abstain.

Meeting ended at 9:14 P.M.

Approved: January 13, 2011

______________________________ _________________________
John W. (Bill) Miskoe, Chairman Date

I hereby certify that these Minutes of Public Hearing were recorded on January 6, 2011, transcribed and publicly posted on January 13, 2011.

___________________________________________
Delores A. Fritz, Recording Secretary

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