May 22, 2014 Minutes

These minutes were posted by the Zoning.



ITEM 1. Call to Order at 7:13 P.M. by Carole Dodge, Chairman

ITEM 2. Roll Call

Members Present:

Carole Dodge (CD), Chairman, John (Pat) Heffernan (PH), V ice-Chairman, Paul Metcalf, Sr. (PM),Arrival at 7:25 P.M., Denis Beaudoin (DB), Scott Aubertin (SA), Albert Douglas (AD), Alternate Present but not seated on Board, and Delores Fritz, Recording Secretary.

ITEM 3. Approval of Minutes of May 8, 2014

(PH) Motion to approve Minutes of May 8, 2014.
(SA) Second. Carried 4-0.

ITEM 4. Public Hearing with respect to an application for a Variance filed by EBE Leasing LLC, P.O. Box 56, Pittsfield, NH 03263 (d/b/a: Rustic Crust – American Flatbread) located at 31 Barnstead Road, Pittsfield, NH 03263 (Tax Map U01, Lot 01) to allow a reduction of the front and side setbacks as required in Article 2, Table 2 of the Zoning Ordinances. The property is owned by EBE Leasing LLC and located in the LIGHT INDUSTRIAL/COMMERCIAL Zone. EBE Leasing LLC is represented by Hillside Design Group, LLC, Matthew J. Peterson, Project Manager, 501 D.W. Highway, Merrimack, NH 03054.

(DB) Motion to accept application for EBE Leasing LLC Variance.
(PH) Second. Carried 5-0.

(CD) explained to Mr. Peterson the process involving the hearing of the
Variance. Please give us a history of EBE Leasing and what they would
like to do.

Mr. Peterson offered a brief history of the company and offered reference to
a map displayed on the easel. The Variance was submitted to allow building
to be partially constructed in the setbacks. He reviewed the survey, demo,
layout, grading & drainage/erosion, and landscaping plans.

(CD) How far from the setbacks was the building previously?
Mr. Peterson: Previously it was zero and with the new construction it will
still be non-conforming but actually reduced non-conforming. (PH) What
about the electrical? Mr. Peterson: If possible, it will be underground.

(PM) Will they continue to operate at the tannery as well as on the new site?
Brad S: It depends on the business. Ultimately, it is not a big enough site
to conduct the business. (PM) So it may be partially at the tannery?
Brad S.: Perhaps, light production at tannery. Right now it is difficult to


Mr. Peterson went through the Criteria one by one. (See Attached.)

(CD) All the Department Heads have reviewed the Variance and find it in compliance. (PH) How many local people to you employ? Brad S.: Pretty close to 50%; some from Concord and others from Rochester. Hopefully, in the next eighteen months, this will increase by 20-25 people. (PM) I know you ran a good operation before. Are you planning on increasing in size in the future? Brad S.: The lot now will have the maximum that it can take.

Public Input

Darryl Klitz: I own the building next door and I am concerned about it being so close. It looks like there are 28 parking spaces and there are at least 100 employees – where are they all going to park? Mr. Peterson: The employees work various shifts and are not all in the building at the same time.

Darryl Klitz: How are they going to maintain it with it being so close to my property? There have been problems in the past. What about access to the propane tanks? I do not feel comfortable having the building so close.
Brad has offered good services to the Town, but I would like a ten foot setback between buildings. It is too close. What is the requirement now for setbacks? (CD) Twenty-five feet. Darryl Klitz: No one knows if there will ever be a fire there again and that could be a problem. Mr. Peterson: It will be a state-of-the-art building. Darryl Klitz: Will there be a privacy fence between the properties? Mr. Peterson: That is something that could be discussed.

Arthur O’Hara: I am not a physical abutter and I have no problems with the business. Noise is minimal over there and it is encouraging to see a new building over there. I am happy from my standpoint.

Brian Klitz: I also own the property next door to this and two feet from the property line is way too close. It should at least be about ten feet.

Lance Houle: Even if they put up a fence, doesn’t it have to be three feet from the boundary line.

Close Public Input


(PH) It is better than it was and it is as good as it is going to get.

Brad S.: There is no maintenance needed on the side of the building. The access points to the building are now on the other side and there are no windows on that side either. Mr. Peterson: It is a flat roof. Darryl Klitz: Yes, and it still has to be shoveled.

(PM) Are the furnaces basically in the same location? Brad S.: Yes, the chimney is now straight up. (PM) As long as it is inspected by the Fire Department. Jesse Pacheco, Building Inspector: I believe that a yearly inspection is scheduled.

(PH) Motion to approve Variance filed by EBE Leasing LLC, d/b/a: Rustic Crust – American Flatbread (Tax Map U01, Lot 1)
31 Barnstead Road, Pittsfield, NH 03263 to allow a reduction of the front and back setbacks to a minimum of two feet. (PM) Second. Carried 5-0.

(CD) advised the thirty (30) day appeal process. This will now have to go to the Planning Board for a Site Plan Review.

ITEM 5. Members Concerns

(CD) You all have the notices of training. Board noted “Yes.” Unfortunately there is no future training available until probably next year.

(CD) The letter from Robert Hetu regarding 299 Tilton Hill Road –
Jesse Pacheco: The gentleman just bought the property and has several animals. He is in the process of applying to the Zoning Board for a Special Exception. He has not quite completed his application and we are waiting for him to respond.

(CD) The property is considered in Suburban Zone when across the street it is noted as Rural Zone and is about a half mile from utilities. Jesse Pacheco: Mr. Hetu does not want animals around him. When the property was originally purchased, he did not look into the various property uses.

ITEM 6. Public Input

Jim Pritchard: I understand the OEP Conference was on May 2nd and I am kind of disappointed that I did not see a notification. It is a worthwhile conference. Why did we miss it?

Clayton Wood: At the present time, there is a lot of “restructure” within the OEP and probably notification was probably not complete. LGC is also being “restructured.”

ITEM 7. Adjournment

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

Meeting adjourned at 8:03 P.M.

Approved: June 12, 2014

_________________________ _______________________
Carole Dodge, Chairman Date

I hereby certify that these Minutes were recorded by me on May 22, 2014, transcribed and publicly posted
on May 28, 2014.

Delores A. Fritz, Recording Secretary