June 5, 2014 Minutes

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

DATE: Thursday, June 5, 2014

AGENDA ITEM 1: Call to Order

Chair Clayton Wood called the meeting to order at 7:00 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; and
Gerard LeDuc (GL), selectmen’s ex officio alternate planning board member.

Planning board members absent:
Eric Nilsson (EN), selectmen’s ex officio planning board member.

The planning board has no alternates at this time.

Other town officials present: Jesse Pacheco, building inspector; Robert Martin, fire chief; Larry Konopka, board of selectman chair; Linda Small, selectman; Ted Mitchell, economic development committee chair; Marilyn Roberts, economic development committee vice-chair.

Members of the public appearing before the planning board: Joseph Darrah, 204 Tilton Hill Road, Pittsfield, NH; Laurie Houle, 40 South Main Street, Pittsfield, NH; Brian Klitz, 57 Center Road, Chichester, NH; Darrell Klitz, 57 Center Road, Chichester, NH; Brad Sterl, president of Rustic Crust; Robert Wharem, 277 Webster Mills Road, Pittsfield, NH.

“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.

AGENDA ITEM 3: Agenda Review

CW deferred the approval of the minutes until after the Rustic Crust and Robert Wharem projects.

AGENDA ITEM 5: Site plan review for EBE Leasing LLC, d/b/a: Rustic Crust – American Flatbread, Tax Map U01, Lot 01, located at 31 Barnstead Road, Pittsfield, NH 03263 within the LIGHT INDUSTRIAL/COMMERCIAL Zoning District. The purpose of the proposal is for rebuilding a 24,150 s.f. footprint building on the existing site.
1. Review for completeness and acceptance by the board
2. Public hearing if the application is accepted by the board
3. Application review

Determination of completeness:

CW said that he wanted to review with the board the materials that he had received during the past two weeks. CW said that he would invite Rustic Crust to make a brief statement about its project. CW said that he had three special concerns: (1) the NH Department of Environmental Services (NH DES) shoreland-protection permit, (2) the NH Department of Transportation (NH DOT) permit, and (3) the sewerage-easement variance from the board of selectmen. CW said that the board had received the final materials for the application today: the updated checklist, with a corrected page 6, item 15, reflecting that a traffic study is not applicable. CW said that he had distributed draft minutes from the selectmen’s meeting on June 3 granting the variance from the sewerage easement. CW also provided a review and recommendation from Central New Hampshire Regional Planning Commission. CW said that Rustic Crust had revised its drawing plans twice since submitting the first draft on May 23. (The plans are marked as having been revised on May 30, 2014, and June 3, 2014, with “general revisions.”) CW said that board members should have received the zoning board of adjustment’s notice of decision and the department-head reports within this past week.

BM asked for clarification of the sewerage-easement variance.

JP said that Rustic Crust had asked the board of selectmen to grant a variance to build a permanent structure in the sewerage-easement area and that the board of selectmen had granted the variance.

CW said that Rustic Crust is asking for a waiver of the checklist requirement for pre- and post-construction drainage calculations.

Matt Peterson said that Rustic Crust submitted its application on May 22, 2014. Since then, Matt Monahan, of Central New Hampshire Regional Planning Commission, has reviewed the submission and found three items missing from a complete application: (1) Rustic Crust had not addressed the sewerage easement, (2) Rustic Crust had not shown lighting, and (3) the parking spaces were mislabeled. Matt Peterson said that he had since corrected these problems. Rustic Crust will provide wall-pack, downcast lighting and has corrected the parking-space labeling. The checklist has a requirement for pre- and post-construction drainage calculations even though the site plan regulations themselves have no such requirement. Rustic Crust is asking for a waiver from the requirement for pre- and post-construction drainage calculations because the NH DES does not care about the pre- and post-construction drainage calculations. The NH DES does not care about the pre- and post-construction drainage calculations because Rustic Crust will reduce the area of impervious surface from 61% to 57%. Rustic Crust will submit a shoreland-protection permit from the NH DES in lieu of the pre- and post-construction drainage calculations.

BM moved to waive the requirement for pre- and post-construction drainage calculations because Rustic Crust will submit a shoreland-protection permit from the NH DES in lieu of the pre- and post-construction drainage calculations.

PH seconded the motion.

Discussion: None.

Vote to waive the requirement for pre- and post-construction drainage calculations because Rustic Crust will submit a shoreland-protection permit from the NH DES in lieu of the pre- and post-construction drainage calculations: carried 5 – 0 – 0. (Voting “yes”: JP, PH, CW, BM, and GL. Voting “no”: none. Abstaining: none.)

CW said that he wanted to discuss the other three items: (1) the sewerage-easement variance from the board of selectmen, (2) the NH DOT permit, and (3) the NH DES shoreland-protection permit. CW noted that much had happened within the past two days, but CW said that, despite the recent flurry of activity, the drawings were substantially as they were originally submitted.

Matt Peterson explained that the building location, the building size, and the parking layout are all unchanged. Rustic Crust had added (1) the sewerage easement, (2) provision for wall-pack lighting, and (3) landscaping. The building will have an office and a small second story over the office for storage of records.

Matt Peterson said that Rustic Crust had sought permission from the selectmen to put a permanent structure in the sewerage-easement area, whose easement dates from 1977. As part of that request, Rustic Crust had met with the superintended of waste water treatment, Ron Vien, and the town administrator, Mike Williams. The design that Rustic Crust chose and that the selectmen approved (two days ago on June 3) for the loading dock over the sewer line was a 30 ft by 30 ft loading dock built with the last 10 feet cantilevered to avoid building a foundation over the sewer line. The selectmen granted a variance for this encroachment into the sewerage-easement area.

Matt Peterson said that the work on the building would require some work inside the NH Route 107 right-of-way because the old building was inside the right of way. Therefore, Rustic Crust needs a permit from the NH DOT even though the new building will be two feet outside of the right-of-way. The topography of the proposed driveway also makes a permit from the NH DOT necessary. The NH DOT says that NH DOT District 3 has charge of this location.

Matt Peterson said that the proximity of this project to the Suncook River invoked RSA chapter 483-B, Shoreland Water Quality Protection Act. Because Rustic Crust is proposing to decrease the impervious area from 61% to 57%, the NH DES will allow an expedited permitting process. Certain areas of the property cannot be touched.

BM said that Rustic Crust had some propane tanks in the protected shoreland setback area. BM asked whether the Suncook River might rise enough to float the propane tanks.

Brad Sterl said that the propane tanks had not moved in the last flood or in the last 20 years.

CW asked whether the NH DES had approved the riprap drainage.

Matt Peterson said that the riprap drainage would come under the NH DES approval process.

CW asked for confirmation that Rustic Crust is not proposing any disturbance within the 50-foot setback area.

Matt Peterson said yes.

BM moved to accept the Rustic Crust site plan application as complete.

PH seconded the motion.

Discussion:

JP said that he was seeing most of Rustic Crust’s application for the first time. JP said that he had tried to meet with building inspector Jesse Pacheco to review the plans on Saturday and again on Tuesday, but Jesse Pacheco had not had plans either. JP said that he would not be able to cast an informed vote.

Matt Peterson said that Rustic Crust had submitted its application on May 22, 2014.

JP said that he had checked his folder as soon as he had heard that the application was filed. The application was not there. JP repeated that he had tried to meet with Jesse Pacheco on Saturday and on Tuesday, and JP said that he had had unavoidable medical matters that prevented him from researching the Rustic Crust application on Wednesday or today (Thursday).

CW said that nothing on the plan had changed structurally since May 22.

Vote to accept the Rustic Crust site plan application as complete: carried 4 – 0 – 1. (Voting “yes”: PH, CW, BM, and GL. Voting “no”: none. Abstaining: JP.)

Hearing on the merits:

CW explained the process for the merits review to follow. The board will hear Rustic Crust’s presentation and then hear from the rest of the public. The board will not allow banter.

CW read the notice of public hearing.

Matt Peterson described the Rustic Crust site plan.

Matt Peterson said that Rustic Crust did not have to get an alteration-of-terrain permit from the NH DES because Rustic Crust is below the 50,000-square-feet-disturbance threshold. Rustic Crust proposes to disturb between 37,000 square feet and 38,000 square feet.

Matt Peterson said that the zoning board of adjustment had granted a variance from front and side setback regulations, to allow Rustic Crust to build at 2 feet from the front and side property lines. Rustic Crust plans to build at 2.35 feet (2 feet 4.2 inches) from the front and side property lines.

JP asked whether, in view of Rustic Crust’s plan to build at a 2-foot setback, Rustic Crust would be able to do all construction and any maintenance that may be necessary without trespassing on the abutting land.

Matt Peterson said that Rustic Crust will not need to trespass on the abutting land to do the construction and that the side of the building will never need maintenance.

Matt Peterson continued his general description of the site plan.

PH asked whether Rustic Crust would put lights in the parking lot.

Matt Peterson said no. There will be six downcast wall-pack lights.

CW opened the hearing to public input at 7:50 PM.

CW invited abutters in favor of the application to speak.

No abutters in favor of the application were present.

CW invited abutters opposed to the application to speak.

Darrell Klitz, abutting owner at 27 Barnstead Road (NH Route 107), objected to the 2-foot setbacks. Darrel Klitz said that the elimination of the setback yard area along Route 107 between the Klitz property and the Rustic Crust property will reduce visibility for people using the driveway on the Klitz property. Darrell Klitz said that buildings do not last forever and that the side of the Rustic Crust building will need maintenance at some future time. 2 feet is too close. Darrell Klitz said that Rustic Crust’s propane supplier had had a practice of trespassing on the Klitz property. Darrell Klitz said that he had had to erect a fence to stop the propane supplier from trespassing. Darrell Klitz said that the propane tanks did float during the Mother’s Day flood of 2006. The fire department responded and made Rustic Crust move the propane tanks. Darrell Klitz asked the board to defer its decision on site plan approval to next week.

Brian Klitz, abutting owner at 27 Barnstead Road (NH Route 107), also objected to the 2-foot setback and said that the Rustic Crust fire had damaged his building because the Rustic Crust building had been so close. The fire department did a good job in saving the Klitz building, but the fire department also ran out of water while the fire department fought the fire. The reduction of the side setback yard presents a fire danger to both the Klitz building and the new Rustic Crust building. The reduction of the side setback yard also presents a hazard to people using or plowing the Klitz driveway. Brian Klitz said that he was not asking Rustic Crust to maintain the 25-foot setback that the zoning ordinance requires, but Brian Klitz thought that 2.5 feet was too close to the Klitz property.

BM asked whether the Klitz brothers had raised these issues to the zoning board of adjustment at the variance hearing.

The Klitz brothers said yes.

CW opened the hearing to the public in general.

Joseph Darrah thanked Rustic Crust for rebuilding. Rustic Crust pays significant taxes and has donated to 4H. Rustic Crust cares for its public-relations image. Joseph Darrah urged the board to do whatever it could for Rustic Crust. In Boston, people build almost on top of each other.

Matt Peterson said that the Klitz brothers had raised their objection to the zoning board of adjustment but that the zoning board of adjustment had granted the variance over the objection. Matt Peterson said that the building would not reduce sight distance because the driver would be beyond the front of the building before the driver reaches the traveled way. Matt Peterson said that the building will be safer now than before because the loading dock will be in the back of the building.

CW closed the public hearing at 7:59 PM.

BM referred to the contradicting testimony of Brad Sterl, who said that the propane tanks had not moved in the last flood or in the last 20 years, and of Darrell Klitz, who said that the propane tanks had floated during the Mother’s Day flood of 2006.

Brad Sterl said, “they did attach them to a dump trunk, but they didn’t go anywhere. It was a safety.”

BM suggested anchoring the propane tanks with concrete collars to prevent floatation. BM asked fire chief Robert Martin if he were concerned about floatation.

Robert Martin said that he would be concerned about floatation if the tanks were in a floodable area but that he would not be concerned if the tanks were moved.

BM said that the board cannot assume that the tanks will be moved if the plans do not show the tanks put at a different location. BM suggested anchoring the tanks.

Joseph Darrah suggested pre-cast concrete collars.

Matt Peterson said that he would add a note on the plan that the tanks will be anchored.

PH asked the Klitz brothers how many accidents have happened at the Klitz driveway.

Darrell Klitz said that he did not recall any accidents but that the previous building did not stick out as far as the proposed building will. The setback yard had been 29 feet deep near Route 107.

PH said that the fire department would have plenty of water from the Suncook River to fight any fire that might happen in the future.

Darrell Klitz said that the river was frozen during the fire last winter and that the fire department had had to go elsewhere for water. Fire is a problem.

Matt Peterson said that the previous building had not had sprinklers. The new building will have sprinklers.

Laurie Houle said that the sprinklers will solve the fire problem.

Interruption for determination of regional impact:

JP moved the board to find that the Rustic Crust project is not a development of regional impact.

CW seconded the motion.

Discussion: None.

Vote that the Rustic Crust project is not a development of regional impact: carried 5 – 0 – 0. (Voting “yes”: JP, PH, CW, BM, and GL. Voting “no”: none. Abstaining: none.)

Hearing on the merits (continued):

BM moved the board to approve the Rustic Crust site plan on condition that the propane tanks be anchored.

PH seconded the motion.

CW asked to amend the motion with three additional conditions:
1. The NH Department of Environmental Services shoreland-protection permit shall be issued.
2. The NH Department of Transportation permit shall be issued.
3. The agreement between the board of selectmen and Rustic Crust allowing Rustic Crust to build a permanent structure, namely, the loading dock, in the sewerage-easement area shall be closed.

BM and PH agreed to the amended motion.

Jesse Pacheco said that he had some changes that the plan should have.

Matt Peterson suggested a fifth condition: “final sign off with Jesse.”

Discussion of the amended motion:

JP said that the area of the side setback yard will be much smaller than it was before, and JP said that the Klitzs’ concern is not clearly unreasonable. JP said that he further noted that the Klitzs are explicitly not asking Rustic Crust to build at or behind the 25-foot setback line; the Klitzs are just asking for a little more room. JP wished that Rustic Crust would give a little more room, but JP said that he understood that Rustic Crust had asked for 2 feet, had received 2 feet, and was holding to 2 feet.

BM said that the zoning board of adjustment had discussed the Klitzs’ concern during the variance hearing and that the planning board cannot revisit the concern.

JP said that BM was missing the point. JP said that he was not suggesting that the planning board revoke the variance. JP said that he was discussing the feasibility of maneuvering in 2 feet to build the side wall. JP said that Matt Peterson had said that it could be done, but JP said that he could not see how. JP said that he saw 2 feet and could not say that the Klitzs were being unreasonable.

Vote to approve the Rustic Crust site plan on the following five conditions:
1. the propane tanks shall be anchored against floatation;
2. the NH Department of Environmental Services shoreland-protection permit shall be issued;
3. the NH Department of Transportation permit shall be issued;
4. the agreement between the board of selectmen and Rustic Crust allowing Rustic Crust to build a permanent structure, namely, the loading dock, in the sewerage-easement area shall be closed;
5. the building inspector, Jesse Pacheco, shall sign off:
carried 4 – 0 – 1. (Voting “yes”: PH, CW, BM, and GL. Voting “no”: none. Abstaining: JP.)

CW explained the 30-day appeal process of RSA 677:15.

CW called a brief recess from 8:13 PM to 8:17 PM.

The board’s notice of decision approving the site plan is appended at the end of this minutes document. (See RSA 676:3, II.)

AGENDA ITEM 6: Request for Exemption from a Site Plan Review for a Change Of Use by Robert Wharem, Tax Map R15, Lot 7 located at 55 Barnstead Road, Pittsfield NH 03263 within the LIGHT INDUSTRIAL/COMMERCIAL Zoning District. Property is own by 55 Barnstead Road LLC (David Dillon, Jr.). The purpose of the exemption(s) is for agricultural farmers market and Bingo Hall/Function Hall/Consignment Shop/Auction Gallery uses.

CW read the description of the requested exemption and said that board members should have Robert Wharem’s application and a letter from property owner David Dillon Jr., of Atlantic Safety Products, authorizing Robert Wharem to request the exemption. CW said that the documentation package included two notices of decision: (1) a notice of decision for a variance to permit an agricultural farmers’ market in the Light Industrial/Commercial District and (2) a notice of decision for a special exception for a bingo hall/function hall/consignment shop/auction gallery at the same location in the Light Industrial/Commercial District, 55 Barnstead Road.

Robert Wharem discussed his plans for the farmers’ market. Robert Wharem said that he wanted to have a flea market on Saturdays and Sundays. Flea markets are already allowed (by right) in the Light Industrial/Commercial District, but Robert Wharem thought that an agricultural farmers’ market would be a better draw. The farmers’ market will be only on Saturday. Hours on Saturday will be from 7:00 AM to 4:00 PM, and hours on Sunday will be from 8:00 AM to 3:00 PM. These two events will happen outdoors. Auctions will usually happen indoors, and the need for the auctions will drive the frequency of auctions. Robert Wharem continued with a general description of his plans and the reasons for his plans. The building has a sprinkler system. The site has a parking lot with space for 175 cars. The site has a septic system. Robert Wharem will not need to partition or alter the building. He is renting 9500 square feet in the back.

CW asked how much of the parking lot will Robert Wharem use.

Robert Wharem said that he will be able to use all of the parking lot without conflict to anyone else. He will not be operating any of his businesses except the consignment shop during normal business hours. The consignment shop will need only four or five people.

CW asked whether the farmers’ market would be indoors or outdoors.

Robert Wharem said that the farmers’ market would be outdoors.

CW asked how much area the farmers’ market would occupy.

Robert Wharem said that the area occupied would depend on the conditions.

BM asked whether Robert Wharem would secure the auction area.

Robert Wharem said yes. Robert Wharem said that the owners intend to pave the parking lot in the long term. Robert Wharem said that he intended to use portable lights in the parking lot.

BM asked whether Robert Wharem’s activities and the loading dock activities would interfere with each other.

Robert Wharem said that the loading dock was part of his lease.

Robert Wharem discussed traffic and parking matters. Robert Wharem said that he has accommodations for overflow parking.

Robert Wharem’s statement of reasons for the exemption from site plan review is as follows:

Supporting Justification for Waiver of Site Plan
Starts and Stripes Auction House LLC
Wharem Auction Company LLC

i. Increased Traffic- The traffic flow will increase a small amount at intermittent times during the auction. The biggest impact will be during the morning hours when people are arriving. The spacious parking lot should alleviate a good portion of the traffic back up.

ii. Ground Water Use- We anticipate no impact as we will not be discharging any items into the ground or on the surface of the ground to create run off.

iii. Drainage- The drainage for the property is already set up as it is an existing building that has been in service for a number of years. There is not change in the current lay out.

iv. Sanitary and Solid Waste Disposal- The building is equipped with internal bathrooms and water supply. This eliminates a need for exterior bathroom facilities and also does not create a need for a permit to connect to the sewer or water as it already exist and is functioning properly

v. Lighting and Glare- The majority of the events would be conducted during hours where natural lighting exist. Any need for additional lighting would be done with portable light stanchions that would be at the back or the parking lot and facing toward the road away from any residential abutters. They would also be directed in a downward direction to maximize the lighting of the parking lot.

vi. Noise- There will be no additional noise in the parking lot or in the building that would be disruptive to the neighbors. Occasional starting of a piece of equipment would be the maximum noise that would occur.

vii. Fumes, odors or air pollutants- There would be nothing taking place that would cause fumes. Odors or air pollutants as all the items that will be sold are temporary and do not cause any exhaust.

Respectfully,

Robert E. Wharem
President
Wharem Auction Company LLC.

BM moved to approve the exemption from site plan review.

PH seconded the motion.

Discussion: No further discussion.

Vote to approve the exemption from site plan review: carried 5 – 0 – 0. (Voting “yes”: JP, PH, CW, BM, and GL. Voting “no”: none. Abstaining: none.)

Robert Wharem acknowledged the 30-day appeal process of RSA 677:15.

CW suggested that perhaps the board should notify the abutters for site plan exemption requests in the future. Abutters already know about Robert Wharem’s project because they received notice of his requests for a variance and a special exception.

Robert Wharem thought that such notices in the future might be a good idea.

AGENDA ITEM 9: Public Input

No public input.

AGENDA ITEM 7: Selectman’s Report – Eric Nilsson, Selectman Ex Officio – Gerard LeDuc, Alternate

GL said that the board of trustees of Floral Park Cemetery had asked the board of selectmen to assume ownership of the cemetery because the trust fund is going bankrupt.

AGENDA ITEM 8: Members’ Concerns

CW said that he had deferred the rules of procedure project because of tonight’s full agenda.

BM said that the board of selectmen was not well represented at the all-boards meeting last Saturday morning. BM said that the meeting had a lot of energy and ideas and had discussed the Commercial District with a wish to improve that area. The next all-boards meeting will be in September. Because the planning board is the custodian of the master plan process, the board should use the summer to work on a substantive proposal to the all-boards meeting in September. BM said that the planning board should propose specific changes to the master plan and to the zoning ordinance.

CW suggested a second meeting in June.

AGENDA ITEM 4: Approval of the Minutes of the May 1, 2014 Meeting

The board did not review the minutes of May 1, 2014, or May 31, 2014.

AGENDA ITEM 10: Adjournment

BM moved to adjourn the meeting.

PH seconded the motion.

Vote to adjourn the planning board meeting of June 5, 2014: carried 5 – 0 – 0. (Voting “yes”: JP, PH, CW, BM, and GL. Voting “no”: none. Abstaining: none.) The planning board meeting of June 5, 2014, is adjourned at 8:50 P.M.

Minutes approved: June 19, 2014

______________________________ _____________________
Clayton Wood, Chairman Date

I transcribed these minutes (not verbatim) on June 7, 2014, from notes that I made during the planning board meeting on June 5, 2014, and from a copy that Chairman Clayton Wood made on June 6, 2014, of the town’s digital recording of the meeting.

____________________________________________
Jim Pritchard, planning board recorder and secretary