January 8, 2015 Minutes

These minutes were posted by the Planning.

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

DATE: Thursday, January 8, 2015

AGENDA ITEM 1: Call to Order

Chair Clayton Wood called the meeting to order at 7:03 P.M.

AGENDA ITEM 2: Roll Call

Planning board members present:
Clayton Wood (CW), planning board member and chair;
Pat Heffernan (PH), planning board member and vice-chair;
Jim Pritchard (JP), planning board member and secretary;
Bill Miskoe (BM), planning board member (arrived at 7:05 PM);
Larry Konopka (LK), selectmen’s ex officio planning board member; and
Roland Carter (RC), alternate planning board member.

Planning board members absent: Gerard LeDuc (GL), alternate for the selectmen’s ex officio planning board member.

Members of the public appearing before the planning board: Carole Dodge, Paul Nickerson, Daren Nielsen, Jesse Pacheco, and Dan Schroth.

“Members of the public appearing before the planning board” includes only members of the public who spoke to the board. It does not include members of the public who were present but who did not speak to the board.

CW asked RC to sit for BM.

AGENDA ITEM 3: Agenda Review

CW noted that agenda item 5, minutes approval, mistakenly listed the minutes of December 4, 2014. Those minutes were approved on December 18, 2014.

BM arrived and replaced RC.

CW said that he would like to add to the agenda approval of the condensed minutes of November 6 and 20, 2014, that JP had written at LK’s request.

AGENDA ITEM 4: Public Input

Dan Schroth said that he had read the recent letters of JP and LK in the Suncook Valley Sun. Dan Schroth said that people are always thinking. Dan Schroth said that Buddhists think in the present. Dan Schroth said that Pittsfield should think in the present and not make any wild predictions. Dan Schroth said that he had made predictions and had been wrong as anything. Dan Schroth said that he would make no more predictions. Dan Schroth said that we should not dwell in the past; we should think in the present. Dan Schroth wanted board members considering zoning amendments to bear in mind New Hampshire Constitution article 38:

“A frequent recurrence to the fundamental principles of the constitution, and a constant adherence to justice, moderation, temperance, industry, frugality…”

Dan Schroth said that he needed material for a letter.

AGENDA ITEM 5: Approval of the Minutes of the December 4, 2014, December 18, 2014 and January 1, 2015 Meetings

CW moved to approve the minutes of December 18, 2014, as written in draft.

LK seconded the motion for discussion.

Discussion:

JP asked for the following change:

Agenda item 1, page 1: change
Larry Konopka (LK), selectmen’s ex officio planning board member; and
Roland Carter (RC), alternate planning board member.

to

Larry Konopka (LK), selectmen’s ex officio planning board member;
Roland Carter (RC), alternate planning board member; and

LK referred to pages 8, 2, and 3 and asked that the minutes be rewritten. LK objected to listing the changes that he had requested in the minutes of December 4, 2014.

BM asked for the following change:

Agenda item 7, page 8: add
“During members concerns, BM questioned JP’s allegation in the Suncook Sun that LK had violated RSA 673:9, I, and asked if JP had brought this alleged violation to the attention of any town official or to the attorney general. When BM asked that question, chairman CW stated that JP did not have to answer that question, and JP did not answer that question.”

BM said, “I would like the censoring on the part of the recording secretary to cease, and I want that in the record too.”

JP said, “I’ve got Larry [Konopka] over here telling me he wants less in the minutes. I’ve got Bill [Miskoe] over here telling me he wants more in the minutes. You know, you can’t have it both ways.”

BM said, “Well, let’s have it my way.”

CW asked for any other discussion. CW said, “This is bordering on juvenile at best.” CW pointed out that the selectmen’s recording secretary, Dee Fritz, lists the changes being made to minutes under review, and The Planning Board in New Hampshire – A Handbook for Local Officials (page I-5) of the office of energy and planning recommends the practice.

BM said that the objectivity of the minutes did not satisfy him.

Vote to approve the minutes of December 18, 2014, with the changes that JP and BM requested: carried 3 – 2 – 0. (Voting “yes”: JP, PH, and CW. Voting “no”: BM and LK. Abstaining: none.)

CW moved to approve the minutes of January 1, 2015, as written in draft.

LK seconded the motion.

LK asked for the following change:

Agenda item added, members’ concerns, page 3: change “LK said that he wanted more condensation.” to “LK said that he wanted more condensation, more like the selectboard minutes, and less assuming.”

PH asked that “assuming” of LK’s change be changed to “assumption.”

LK agreed to PH’s change.

Vote to approve the minutes of January 1, 2015, with the change that LK and PH requested: carried 4 – 1 – 0. (Voting “yes”: JP, PH, CW, and LK. Voting “no”: BM. Abstaining: none.)

The board agreed by consensus (LK, CW, and PH) to defer review of the condensed minutes of November 6, 2014, and November 20, 2014, to the board’s next meeting.

AGENDA ITEM 6: Zoning Ordinance Amendments
1. Review Amendment 4 – Suburban District Definition
2. Schedule Public Hearing for Planning Board Proposed Amendments

CW had given board members the following draft notice of public hearing:

Notice of Public Hearing

The Pittsfield Planning Board will hold public hearings pursuant to
RSA 675:3, II, on four Zoning Ordinance amendments (numbered 1, 2, 3 and 4) proposed by the Planning Board. The time and place of each public hearing is Monday, January 26, 2015, 7:00 PM, at the Pittsfield Town Hall, 85 Main Street, Pittsfield, NH.

Amendment 1: Vote to approve revising Zoning Ordinance Article 9 to state as follows: “Signs of whatever size and material shall be a permitted accessory use in the Commercial and Light Industrial/Commercial districts of the Town and on the premises of businesses or permitted industry in other districts, provided that any such signs do not constitute a nuisance by emitting an unreasonable amount of light or noise and are compatible with the surrounding area.”

Amendment 2: Vote to approve revising the definition of “JUNK YARDS” to state, “A facility as defined in RSA 236:112, I, II, IV and V (c).”

Amendment 3: Vote to revise the introductory sentence of Zoning Ordinance Article 3 to state as follows: “In the interpretation and enforcement of this chapter, all words other than those defined specifically below shall have the meanings implied by their context in this chapter or their ordinarily accepted meanings.”

Amendment 4: Vote to revise Zoning Ordinance Article 2, description of the Suburban District, to state as follows: “Suburban: This district is also primarily residential, but is a transition between the Urban and Rural districts. It may also be used for some professional and commercial uses. The entirety of this district is serviced by municipal sewer and the Pennechuck Aqueduct Company.”

The full text of each amendment proposal is on file for public inspection at the Town Hall, 85 Main Street, Pittsfield, NH. To inspect the full text of the proposal, please speak to the Planning Board Secretary, Delores Fritz; the Town Administrator, Mike Williams; the Town Clerk, Erica Anthony; or the Selectmen’s Administrative Assistant, Cara Marston. Each proposal is also on the Planning Board’s web site:http://www.mypittsfield.com/planning.htm

(Comment of recording secretary JP: In the notice given to the board members, the Internet address was actually stated mistakenly as http://www.pittsfield-h.com/planning.htm.)

PH asked whether any board member objected to the way amendments 1, 2, and 3 are written.

No board member objected to the way amendments 1, 2, and 3 are written.

The board and members of the public, including Carole Dodge, chair of the zoning board of adjustment (ZBA) and lead proponent of amendment 4, had a long discussion about where amendment 4 would put the boundary of the Suburban District and what notice the planning board should give to affected property owners. (See RSA 675:7.) The planning board and members of the public also discussed changing “municipal sewer and the Pennichuck Aqueduct Company” to “municipal sewer and/or the Pennichuck Aqueduct Company.” No one knew where the new Suburban District would be or what the notice requirements would be. Carole Dodge and PH offered to research these questions and report back to the board. The board considered whether to send amendment 4 to a public hearing and whether to decide at that time whether to propose amendment 4 to the town meeting.

CW moved the board to propose for public hearing amendment 4 stated as follows:

“Amendment 4: Vote to revise Zoning Ordinance Article 2, description of the Suburban District, to state as follows: ‘Suburban: This district is also primarily residential, but is a transition between the Urban and Rural districts. It may also be used for some professional and commercial uses. The entirety of this district is serviced by municipal sewer and/or the Pennichuck Aqueduct Company.’”

BM seconded the motion.

Vote to propose for public hearing amendment 4 stated as follows:

“Amendment 4: Vote to revise Zoning Ordinance Article 2, description of the Suburban District, to state as follows: ‘Suburban: This district is also primarily residential, but is a transition between the Urban and Rural districts. It may also be used for some professional and commercial uses. The entirety of this district is serviced by municipal sewer and/or the Pennichuck Aqueduct Company.’”

failed 2 – 3 – 0. (Voting “yes”: PH and BM. Voting “no”: JP, CW, and LK. Abstaining: none.)

BM moved the board to use the draft notice of public hearing (presented above) for amendments 1, 2, and 3 but excluding amendment 4.

LK seconded the motion.

Vote to use the draft notice of public hearing (presented above) for amendments 1, 2, and 3 but excluding amendment 4: carried 5 – 0 – 0. (Voting “yes”: JP, PH, CW, BM, and LK. Voting “no”: none. Abstaining: none.)

AGENDA ITEM 7: Selectman’s Report – Larry Konopka, Selectman Ex Officio – Gerard LeDuc, Alternate

LK said that the board of selectmen are still working on the budget. The selectmen are putting warrant articles together.

AGENDA ITEM 8: Members Concerns

LK said that he wanted to create a committee “for doing the research for amendment 4.” The committee would consist of 2 planning board members, 2 ZBA members, and 2 or 3 members of the public.

PH volunteered to be on the committee representing the planning board. (PH is also on the ZBA.)

CW asked whether the board supports creating the committee.

BM said, “I abstain.”

JP said that he opposed creating the committee. JP said that the master plan committee exists to study such matters.

LK wanted the economic development committee to be involved.

CW agreed to bring this matter up at the next meeting of the master plan committee (on January 12, 2015).

PH asked about Carole Dodge’s statement that the planning board has 30 days to act on a request such as amendment 4. Could Carole Dodge bring amendment 4 back to the planning board if the master plan committee does nothing?

Carole Dodge said that she had already approached the master plan committee chair, Ralph Odell. Carole Dodge said that now is the time to act. “Putting it off until April is not a good idea.”

LK moved the planning board to create a committee with 2 planning board members, 2 ZBA members, and 3 members of the public, for a total of 7 people, for doing the research for amendment 4.

PH seconded the motion.

Vote to create a committee with 2 planning board members, 2 ZBA members, and 3 members of the public, for a total of 7 people, for doing the research for amendment 4: failed 2 – 2 – 1. (Voting “yes”: PH and LK. Voting “no”: JP and CW. Abstaining: BM.)

CW said that he would bring this matter to the master plan committee on January 12, 2015.

Carole Dodge said that she would go to that meeting.

AGENDA ITEM 9: Public Input

Daren Nielsen asked what are the reasons for amendment 4.

Carole Dodge said, “it has to do with some difficulties that the zoning board has had recently.” Some people currently in the Suburban District want to keep farm animals, and they do not have municipal water and sewerage. Carole Dodge said, “In the state RSAs, it states that the state of New Hampshire is an agricultural state and that we should not deny agriculture of any sort in any district, no matter.”

Paul Nickerson said that the zoning map had not been updated since 1988. Paul Nickerson said that the zoning map should be updated.

PH asked Paul Nickerson whether Paul Nickerson would join a committee to update the zoning districts.

Paul Nickerson said that he would be willing to join such a committee.

Carole Dodge said, “I just have to say, for the record, that I am kind of disgusted with the fact that I have personally brought this forward to different members of different committees and different boards and asked for this to move forward. And this is what happens. It gets up, and it gets choked, and it gets choked out, and then it gets put underneath the carpet.” Carole Dodge said that she had been asking for this amendment to be done since January 2014. She said that she had anticipated trouble, and, sure enough, trouble came. And the amendment is underneath the carpet.

LK said that he would go with Carole Dodge to the meeting of the master plan committee on January 12, 2015.

AGENDA ITEM 10: Adjournment

CW moved to adjourn the meeting.

LK seconded the motion.

Vote to adjourn the planning board meeting of January 8, 2015: carried 5 – 0 – 0. (Voting “yes”: JP, PH, CW, BM, and LK. Voting “no”: none. Abstaining: none.) The planning board meeting of January 8, 2015, is adjourned at 9:09 P.M.

Minutes approved: February 5, 2015

______________________________ _____________________
Clayton Wood, Chairman Date

I transcribed these minutes (not verbatim) on January 10, 2015, from notes that I made during the planning board meeting on January 8, 2015, and from a copy that Chairman Clayton Wood made on January 9, 2015, of the town’s digital recording of the meeting.

____________________________________________
Jim Pritchard, planning board recorder and secretary