June 26, 2014 Minutes

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

DATE: THURSDAY, JUNE 26, 2014

ITEM 1. Call to Order at 7:07 P.M. by Carole Dodge, Chairman

ITEM 2. Roll Call

Members Present:

Carole Dodge (CD), Chairman, John (Pat) Heffernan (PH), Vice-Chairman, Paul Metcalf, Sr. (PM),Denis Beaudoin (DB), Albert Douglas (AD), Alternate and Delores Fritz, Recording Secretary.

Members Absent:

Scott Aubertin (SA)

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

ITEM 3. Approval of Minutes of June 12, 2014.

(PH) Motion to approve Minutes of June 12, 2014 with Corrections.
(DB) Second. Carried 5-0.

Corrections:

Page 2, Last Paragraph, Line 2 should read: ….We are looking at what we need to………
Page 4, Paragraph 4, Line 1 should read: ….table this with a ninety (90) day deadline…..

ITEM 9. New Business (Added Item)
a. Cortese Variance

(CD) We have received a letter from Atty. Hodgdon regarding the purchase of a building by the Corteses’. The sale has happened so they are on track and moving forward. This is a good thing.

ITEM 4. Public Hearing with respect to an application for a Special
Exception filed by Jeffrey D. Swain, 299 Tilton Hill Road,
Pittsfield, NH 03263 (Tax Map R14, Lot 53) to allow the
keeping of farm animals for personal use in the Suburban
Zone. The property is owned by Jeffrey D. Swain, 299 Tilton Hill Road, Pittsfield, NH 03263 and located in the SUBURBAN Zone.

(CD) When the hearing is opened to the public, she related to the audience the means by which the meeting will be conducted noting that individuals should address the Board only.

Jeffry Swain & Ms. Galvin were present.

Mr. Swain explained that he would like to retain livestock in the Suburban Zone for personal use which is not permitted. “I plan to raise animals to fill my freezer to provide for my family.” I have three acres of land and a barn. My animals are well fed, bedded, and well taken care of with a vet on call 24/7. All the animals are up-to-date on their shots, wormed and there is fencing. I dispose of the manure on a regular basis.

Criteria:

Mr. Swain read into the Minutes the information contained in the Criteria portion of the application with his responses as noted. He presented to the Board a copy of a signed document by some of his neighbors who indicate they are unaffected by the addition of the animals to the neighborhood.

(PH) What kind of animals do you have? Mr. Swain: We have six pigs, a cow, a goat, and some rabbits on the 3.2 acres. (PH) These are all “meat” animals? Mr. Swain: Yes. (PH) How close are your neighbors?
Mr. Swain: About 500 ft. away. (PM) Have you had complaints?
Mr. Swain: Not me personally but the Town has received complaints. (PH) Across the road, the neighbors have animals? Ms. Galvin: Yes, there is a goat farm; I believe these are goats raised for the cashmere – at least twelve. (CD) Do other neighbors have livestock? Ms. Galvin: Yes. (CD) Were their animals there previously? Ms. Galvin: Yes. I have lived in Pittsfield for 22 years and there have always been animals there. (DB) Across the street, the goat farm – do they have a sign depicting it is a Goat Farm?
Mr. Swain: Yes, across the street a little further up the road. (CD) explained how the division of Suburban Zone and Rural Zone runs along the street which ends where the Town utilities are located. They are located about one mile outside the Suburban Zone. As you go up Tilton Hill Road, the south side of the road is Rural and on the other side Rural Zone begins after Wildwood.

Public Input – CON:

David Rollins: I do not know if I am really for or against this. I have no problem with the animals. There is a problem with the goat getting loose because of lack of fencing. They have a makeshift barn. About fifty feet up the road, they keep animals on their property. There is no security fence to keep the animals secure.

Lynn Roberts: I am not an abutter. I believe that not too long ago the Town had to pick-up and clean-up that property which should be considered by this Board. Of the three acres, how much is used for the farm and how much of it is woodlands. If people want farms, they should buy land within the proper zone where farming is allowed.

James Hetu: I am an abutter. First of all there is no fence. The chickens are up early and on my property. I have called animal control. Secondly, the goat farm is in the Rural Zone. Behind the Swain’s property is a residential area and behind the house it abuts empty land. There have been no animals on the property for six years. It has been a long time since it was occupied. The barn is actually a shed which was used for storage. This was sold as a residential home and just recently has become a farm. The smells are not an issue yet.

Claire Saindon: I have been in that area for 25 years. There have been no animals there for at least 22 years. Since then, the Swains have moved in and their chickens and goats run loose. There is a small grazing area. I am not against animals and I am concerned about the medical issue these animals can bring into the area. My concerns are about the children with animals defecating in that area. They use a snow fence for containment and they do not have a closed in shelter for the animals. It is just a three sided shelter with a roof. If you buy property in the Suburban Zone, you cannot keep changing things because you want something different. It is not farmland out there.

Mr. Saindon: I agree with what my wife said. My concerns are about the water coming out and on my property and Mr. Hetu’s. It is not a place to have farm animals. Farm animals should be kept away from the wetlands and away from the residential area. The houses are close together and we get the smells.

Bob Hetu: My property abuts the Swains’ property. I moved from the Suburban area because of the smell of manure. I live on Wildwood Drive. Because of the smells, I cannot even sit on my balcony or in my apartment. (He presented a map indicating the location of his property in conjunction with the Swains’ property.) All the neighbors catch the smell – spring/fall/winter. The cow starts mooing about 5:30 A.M., the roosters are crowing around 4:15 A.M. which can be unbearable. I do not want this to continue. I have letters from three other neighbors that do not want this.

The chickens root around in our garden and there are goat issues as well. We hear everything. The barn is a roof set on telephone poles. There are rodents and a bobcat in the area. It is a nuisance and effects the enjoyment on our property. They have had bonfires and the smells from that lingers in our houses. I would like this not to be approved.

Public Input – PRO:

Rachel Reo: I have the property next door. There are no roosters there; the chickens are usually up at the first light and there are no rodents. The bobcat has been around for many years. I enjoy them as neighbors. Their animals do not come in our yard. We have had animals where we are and there is no manure smell. As far as the manure going through the water, I have been there for sixteen years and there never has been a problem. Our neighbor that was there previously had horses. There never has been an issue. I hope that you consider this.

Mary Martin: I confirm what my daughter just said. There are no roosters there. When the horses were on the property, I rented a stall there and there was no smell then or now. I drive by the house all the time. I cannot see how they cannot have animals when everyone else does. The animals they have are not grazing animals.

Dan Schroth: What was said about cleaning up the property before has nothing to do with this. When I first moved to this area, my wife and I were two young people like them and it took us awhile to get things. Maybe you can grant the Special Exception with restrictions for some things. I understand the opposition but they do not have much now.

Additional Public Input:

David Rollins: I understand they are a young couple and are trying to do well for their family but I do not think it should hurt the neighbors. I pay my tax bills and do not want animals in my back year. You have to draw the line somewhere. It would be nice to not have the animals waking the neighbors around them. There are odors and animals running free.

Bob Hetu: Dan Schroth lives four miles away and does not hear the chickens, other animals and have the smells. This is the Suburban Zone and there are cluster homes there.

Claire Saindon: They did not have horses there before.

Noreen Rollins: When we moved to Pittsfield, we wanted animals and only considered properties that were in the right area for it. It is up to the owners to do that. The abutters do not want it in the Suburban Zone.

Mary Martin: I am an abutter and have lived there for sixteen years. There were horses there previously. There was a strong odor there before; why was that not a problem then and is now?

Close Public Input

Mr. Swain: There have been some pretty hot days lately. Mr. Hetu mentioned that it was not a problem yet and I am doing my best not to have it as an issue.

Ms. Galvin: I have a 13 month old and I wouldn’t have the animals if it were a problem. They get fresh produce. It is the healthy way to go.
Mr. Swain: The chickens have a coop. The snow fence is around the garden. There is an electrified barbed wire fence. The pigs are usually rooting in the woods. In the winter we have a plywood sides on the “barn.” In the summer time to make it cool, I take the plywood down.

Ms. Galvin: We have one goat which stays in the yard now.

Mr. Swain: I do not have any roosters. Ms. Galvin: The chickens are bedded and cleaned every night

(CD) Do the animals have an impenetrable fence? Mr. Swain: The chickens are kept in the yard. (CD) advised him about free range chickens and the predators that can get them such as foxes.

Ms. Galvin: The chickens are inside by 5:00 P.M. (CD) For their own protection you should keep them penned. When you raise “meat” animals, how long do you keep them? Ms. Galvin: About six months. (PH) You should have some good fencing for the chickens so they stay in their own yard. Mr. Swain: I never see them leave the yard. (PH) My only suggestion would be to keep the manure picked up.

(AD) How long have you been there? Ms. Galvin: Since January, 2014. (AD) The rural area should be the rural area and the suburban area should be the suburban area. Why are the areas so close? (CD) This occurred before our time. The streets were split and do not match the suburban definition. Some zones can have farm animals if they have 2+ acres. This Town was built on industry and agriculture. We have to go a little by the history of the Town and follow what has been done in the past.

Mr. Swain: He reiterated that they have 3.2 acres, the animals all have their shots and we would not want to have tainted meat.

(PM) I do not think it is right to have farms in a housing situation. If you find a rural area, you could have a nice farm.

Ms. Galvin: When we were looking for property, our relator said it was “probably okay.” It is not considered a farm; the animals are just for our own use. The pigs will be slaughtered in October and we would have no more than six next year.

(PH) The chickens should be kept on the property, corralled. Mr. Swain: We do not have any roosters. (PH) Keep the chickens penned and there may be foxes or coyotes but there is nothing you can do about that.

(PH) Motion to approve Special Exception for Jeffrey Swain, 299 Tilton Hill Road, Pittsfield, NH 03263 (Tax Map R14, Lot 53) to keep animals for personal use – one cow, six pigs, and small flock of penned chickens.
(DB) Second. Carried 3-2 (AD) and (PM).

(CD) advised them of the thirty day appeal process.

Break: 8:15 P.M. Resume: 8:22 P.M.

ITEM 5. Motion for Rehearing filed by Daryal and Brian Klitz, 57 Center
Road, Chester, NH by and through their counsel Brian Lee, Esq.
to reconsider the decision regarding the Variance filed by EBE
Leasing LLC, P.O. Box 56, 31 Barnstead Road, Pittsfield, NH
03263 and d/b/a: Rustic Crust – American Flatbread located at
31 Barnstead Road, Pittsfield, NH 03263 (Tax Map U01, Lot 01).

(CD) We will discuss whether there is any new information to warrant a rehearing or if the information is not adequate for a rehearing. I have read through the Motion as filed and I do not see any new information to bring this forward.

(PH) It is the same information when it was originally presented. I went through it point-by-point and I think Rustic Crust has all their bases covered.

(PM) I agree. I do not see what a rehearing would bring out.

(CD) For a rehearing, new information would have to be brought forward for reconsideration.

(DB) Everything has already been “hashed out.” (CD) Everything was brought forward at our meeting. (PM) The Planning Board dismissed it. They are sticking with their original decision.

(AD) I have reviewed it two or three times and there is nothing new in the Motion to warrant rehearing. I do not see anything.

(PH) Motion for Rehearing filed by Daryl and Brian Klitz to reconsider the decision regarding the Variance filed by EBE Leasing LLC, d/b/a: Rustic Crust – American Flatbread is dismissed. (PM) Second. Carried 5-0.

(CD) There will be no rehearing the Variance for the Rustic Crust.

ITEM 6. Members Concern

(CD) I have some concerns regarding the zoning lines and the splits of zones on the same road. The zones do not match what is in our regulations. This needs to be reviewed. Why are roads split?

(PH) I am quite certain that the Planning Board is doing its best to rectify this. Moving lines around will be on the Agenda. I will advise Clayton as to what your concerns are. (CD) Even looking at the Tables, not all the zones are correct such as Light Industrial/Commercial Zone.

Hank Fitzgerald: No matter where you draw the lines for the zones, you will always have conflicts. All the zoning maps need to be looked at.

(CD) Streets are split up the middle. Hank Fitzgerald: That should not be.

Bill Miskoe: Sometimes roads are a natural boundary between two parts of the Town and can be a nice geographical boundary making two different zones on the two sides of a road. (CD) Some are kind of zigzag. Bill Miskoe: There will be conflicting uses no matter how you draw the lines. (CD) The definitions need to be matched to what is in place. Bill Miskoe: We have places in Town to do certain things, if not then a Special Exception can be given where they are not allowed. It dilutes and defeats zoning.

ITEM 7. Public Input

Dan Schroth: Is Al Douglas a BOS representative on Zoning Board? (CD) Al is not a BOS representative but is seated as a Zoning Board Alternate.

Brian Lee, Esq.: I am the attorney representing Daryl and Brian Klitz. When Dee contacted me that the Motion for Rehearing would be heard tonight, I thought that I would have the opportunity to speak in support of the Motion before the Board granted or denied the Motion.

Looking at it from a legal standpoint regarding the question of good cause, there is good cause. One thing that is noted by looking at the Variance, the applicant applied for front setback and the Notice of Decision grants front and side setbacks. The written application seems to only reference front setback. (CD) reviewed the original application with Atty. Lee noting that it is for front and side setbacks.)

ITEM 8. Adjournment

(PH) Motion to adjourn. (AD) Second. Carried 5-0.

Meeting adjourned at 8:40 P.M.

Approved: August 14, 2014

__________________________ ____________________
Carole Dodge, Chairman Date

I hereby certify that these Minutes were recorded by me on June 26, 2014, transcribed (not verbatim), and public posted on July 3, 2014.

______________________________________
Delores A. Fritz, Recording Secretary

No Attachments: To review the information presented during the course of the Zoning Board meeting it is available for review at the Pittsfield Town Hall office.

Olympus: 1.25.32