JANUARY 8, 2009 Minutes

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

DATE: THURSDAY, JANUARY 8, 2009

ITEM 1. Call to Order at 7:04 P.M. by Gerard Leduc, Vice-Chairman

ITEM 2. Roll Call

Members Present: Gerard Leduc (GL), Vice-Chair, Marilyn Roberts (MR), Fred Hast, Selectman Ex-Officio, Dan Schroth (DS), Alternate, and Delores Fritz, Recording Secretary.

Members Absent:
Rich Hunsberger, (RH), Chairman, Daniel Greene (DG), Robert Elliott (RE), Tom Hitchcock (TH).

ITEM 3. Approval of Minutes of December 18, 2008

Approval of Minutes of December 18, 2008 was deferred to the next scheduled Planning Board members due to lack of quorum of attending members.

ITEM 4. New Business
1. Plan NH’s 2009 Design Charrette Program

(DS) noted that this is similar to the last one. Was anyone here involved in the last Charrette? (FH) noted that he had participated in the last one. I notice they ask in the application whether we had Charrette previously and what became of it? Public relations and Natural Resources (Conservation) were the only results from the last one. Last time it was a two-day event for eight hours per day. There were quite a few people the first day but attendance dropped off considerably on the second day. We discussed what we could do and what we wanted to do which really did not go too far. (MR) related that it sounded like it was more about the buildings in Town. (DS) How much did it cost for the last Charrette? (FH) Very little. (DS) I would think it would be harder to get people to participate this time than the last time. (FH) “It is mostly local businesses and some citizens.” (DS) “We should bring this up again when we have more Board members present.” (FH) We will not be having another meeting for a while. (MR) It describes in the application what they would like you to do. (DS) noted that this was something that should really be started a year ahead of time to really participate rather than just a month prior to the event. Just the application would take awhile to complete. We are not going to make this deadline with picking a site rather than picking a project. Do they have this every year? (FH) No. This concerns Planning Board and everybody else. We would have to get everybody into it. (MR) noted that she could bring this up at the EDC meeting. (FH) Good idea. (DS) You could see if they have any projects in mind.

(GL) “We will wait for their input.”

2. Public Hearing – January 20, 2009 Re: Traffic Light Project
Route 28 and Leavitt Road

(DS) Does anyone know what they are doing? (GL) related that notice has been sent to all abutters. This is not our hearing but rather the Board of Selectman hearing. (DS) So they are just letting everybody know. (GL) If anyone would like to attend this meeting, it is on the 20th of January from 5:00 P.M. to 7:00 P.M.

ITEM 5. Selectman’s Report – Fred Hast, Selectman Ex Officio

(FH) There was a meeting on Tuesday with all Department Heads to address the ice storm and the Emergency Plan. (DS) What was wrong with the old Emergency Plan? (FH) explained that it has to be updated periodically.

I will be meeting with John Lenaerts regarding the Merrimac Valley Water hearings and am waiting for an update on the past Minutes meeting with Pennichuck. As you know, they are now in Court regarding this matter and we are after Nashua. The PUC gave Nashua permission to buy it and Pennichuck Water has appealed this decision.

ITEM 6. Building Inspector Report

Kyle Parker, BI, related that there have been several questions in relation to Amenico. I have an appointment on Wednesday on site to meet with them. They are aware of the protocol. In the past, I have done a Site Walk but have not had a tour of the interior.

Regarding the Pittsfield Self Storage, the Conservation Committee has some concerns with the run-off areas. (GL) related that a representative from the Conservation Committee will be here a little later in the meeting. (Because this representative did not appear, it was agreed that a Site Walk would be the alternative.)

I have also had some local homeowners contact me regarding the misuse of home occupation on property owned by Dan Schroth on Clough Road. (DS) What was their complaint? Building Inspector, “Just that there was a retail operation going on there. It is part of my job to address these matters.” (GL) Dan needs to apply for a Variance for that zone. (DS) I am not going to ask for permission to sell benches out of my house. (GL) How can you serve on this Board and not abide by the ordinances of the Town? (DS) I took an oath to abide by the rules of the Planning Board. I do not want to surrender my rights to a board. I am here so people do not have to surrender their rights. I would choose my land rights over the Planning Board. (GL) I do not see how you can serve under those circumstances. (DS) noted the Board can file a complaint with the Ethics Committee, and if they find me guilty, Board can ask me to resign.

ITEM 7. WORK SESSION

(GL) There are just the changes as listed; everything else was left as is.

ITEM 8. Members Concerns

(GL) I was going to wait until the next meeting, but that is pretty far off. I would like to ask one member to step up and act as Acting Vice-Chairman of the Planning Board, with myself as Acting Chairman, should I not be able to be at some of these meetings. (DS) We would have an Acting Chairman and an Acting Vice-Chairman so that we have someone to cover the meetings. I would volunteer, but I am ethically challenged. (FH) I would like Marilyn Roberts to step up. (MR) noted that she would only be here until March, which is the end of her term.

(DS) Motion to appoint Gerard Leduc as Acting Chairman and Marilyn Roberts as Acting Vice Chairman. (FH) Second. Carried 4-0.

(GL) During our meeting regarding the Site Plan Review for Russell Downing Homes (Maxfield’s Ace Hardware), we revisited our decision in order to address Public Input. I have checked with LGC and they have advised me that this is legal, as long as we corrected the oversight in a timely manner, that it absolutely was legal. (FH) So, we did it properly. (GL) Yes, as long as we fixed it in a quick manner, it was legal.

ITEM 9. Public Input

Larry Konopka noted that concerning the Public Hearing scheduled for next Thursday, “I am concerned that this room will not be big enough. I have checked with LGC and they advise that we can still have it up at the school if we leave at least one person here to advise incoming people and give them an extra fifteen minutes to arrive before starting the meeting.” (DS) We can seat about thirty people here. Mr. Konopka noted it is up to the Board should you want to do this. My concern is that there will not be enough room. It can also be continued into another day if there is insufficient time to complete the hearing as long a date certain is established.

He also noted that the timber cut has been approved for the Pittsfield Self Storage. This was done at the last BOS meeting.

Board discussed the noticing of the Public Hearings noting that in the future, sufficient time has to be allowed for holidays, which was an issue in this instance. (GL) noted that from now on, it would be posted in the Concord Monitor and the Sun to cover this. (FH) It does not need to be in both papers if the Sun comes out in time, then it is okay. If not, then we could post it in the Concord Monitor.

James Theodore, “Is the Planning Board still going with the 138 changes as proposed previously?” (GL) noted that the Planning Board has brought it down to eleven changes. (DS) explained where he could review these eleven changes. Mr. Theodore questioned how many times the Planning Board has met with the Zoning Board on these proposed changes? (FH) noted that they were represented at the past Public Hearings at the Middle/High School and gave their input then. (GL) They also came to one of our Work Sessions earlier in the year. (MR) “There was also a member here recently.”

Jim Pritchard, “The Board has not rendered a decision as yet” regarding Dan Schroth. BI, “Not yet.” Mr. Pritchard questioned whether the Board would be rendering a decision? BI, “I will have to see if the neighbors will be filing.” Mr. Pritchard related, “It is not an ethical issue but rather a Zoning issue. BI, “It is part of my job to investigate these matters, and I will do what is required.” Mr. Pritchard, “What kind of timeframe would it be?” BI, “I would think fairly quickly.”

Mr. Pritchard questioned (GL) noting that he had requested Board members be prepared for this Public Hearing, and will they be making their objections in regard to this? Would you consider doing this? (GL) “No, I would not.” Mr. Pritchard noted that at a past public hearing, he did not have the opportunity for rebuttal. Will I have the chance for rebuttal? (GL) “I do not know.” Mr. Pritchard noted that the reason he was asking was because if you are going to have a hearing after the Public Hearing making your issues known, can they be answered, I would like to know if there is going to be any dialogue. (FH) Are you referring to the Planning Board’s or your proposal? Mr. Pritchard noted, “Either one.” (FH) I do not believe that we can cover all this in two hours. Mr. Pritchard, “Are you going to have people have their say and then shut them down?” (FH) noted, “I have one statement that I would like to note. You are trying to fit Manchester into Pittsfield. They have the population, and we do not. We can do just as well with a few changes for now. He noted that it took three times for Zoning Ordinances to be passed. It is not what you know, but whom you know to get legislation passed. It has been proved right here. Certain people knew certain people so it happened. If you can get it appealed, then more power to you. Right is right and wrong is never right. Mr. Pritchard noted he agreed.

Mr. Pritchard questioned whether any other authority had reviewed the citizen Petition besides the Building Inspector? Board noted only this Board, Board of Selectman, and Building Inspector and any citizens that may have reviewed it at the Town Hall where it is posted on the bulletin board. (GL) “We did not want to waste the Town’s money.” Mr. Pritchard noted that he was not suggesting that it should be done. I do not want to happen what happened the last time. (DS) noted that he had read his petition. On Home Occupation, you have “yes” in all zones. Do you have to apply for a Site Plan Review? Mr. Pritchard, “No.” He explained to Dan Schroth his version of his Home Occupation and what he would and would not be allowed to do. (DS) did not agree.

Denise Morin noted that there is now a negative aura on the Planning Board due to Dan’s “issue.” I would like to poll each Board member to see what they feelings are on this. (MR) noted, “We took an oath to uphold the Ordinances as they are right now and are looked at as an example.” (GL) “My opinion is that we are here to represent the people. We took an oath to follow the law. We may not always agree but we should follow it. If is necessary that he get a Variance, and he does not want to do it, then we should ask for his resignation.” (FH) Just because you want to do it, it does not make okay to do it. (DS) noted, “I will not be a slave. I would rather die.” Mr. Pritchard reminded him that as an alternate, he has been seated on the Board at almost every meeting. (DS) I will not surrender my rights. It is better to fight for my rights. I do not want my rights taken away from me. (FH) You are not surrendering anything. You are following the law. You need to make a decision. (DS) “I have decided. I am not going to do it.”

Mr. Theodore noted, “I own a business. I have to register it, and follow all the laws regarding it. I cannot do anything without following the laws. A business has to be run legally whatever that entails. There are Statutes governing this.”

Mr. Pritchard noted, “ I think Denise has made an astute observation noting that there is now a negative aura on the Board” regarding this matter. This puts a lot more on the Board. (DS) noted that he thought these were two separate issues. Mr. Theodore noted, “The Planning Board represents me.” Mr. Konopka noted that Dan’s intent to cut was never waived. (DS) “I still need an intent to cut?” which was answered affirmatively.

Mr. Konopka also noted that this might be a good time to advertise the meeting next week. He noted that he had checked with LGC to see if we can continue it. They noted that the Public Hearing could be continued as long as it is continued to a date/time certain. (FH) noted that doing two hearings on the same night is going to be difficult.

Mr. Konopka also noted that he has talked to (DS) and that his actions reflect on the Planning Board.

Mr. Pritchard reminded the Planning Board members that he has a standing application, which he has filed to be an Alternate on the Planning Board. (GL) noted that only one more member is required to make a vote.

Kyle Parker noted that he is not usually here on Fridays, and if necessary he can complete any tasks at home such as notices in the paper. (GL) noted that he would like to see notices done on Fridays, when necessary.

Dan Schroth questioned the Board, “Do you want me to resign? I would rather fight my own battle. It was fun while it lasted. I do want to run again next term. I hate to resign and then run again next year.” (Ultimately, he decided that he would resign from the Planning Board and submitted his written resignation effective at the end of the Planning Board meeting tonight.) (FH) If you cannot abide by the law, then you probably should. (DS) “I will resign.”

Mr. Konopka noted that Board could advertise for alternates. (GL) We have no choice but to advertise maybe for five. I am hoping that members will show up for the hearing on the 15th.

Board agreed that they would also attempt to schedule a Site Walk of the Pittsfield Self Storage on January 31, 2009 at 10:00 A.M. provided the necessary waiver can be accomplished. Conservation Committee members will be invited to attend also. Building Inspector to handle and advise Board accordingly.

ITEM 10. Adjournment

(MR) Motion to adjourn. (FH) Second. Carried 4-0.

Meeting adjourned at 8:20 P.M.

Approved: January 22, 2009

____________________________ _________________________
Gerard Leduc, Vice-Chairman Date

II Tapes