October 9, 2014 Minutes


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									<h1 class="entry-title">October 9, 2014 Minutes</h1>
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					<p>			ZONING BOARD OF ADJUSTMENT<br />
			TOWN HALL, 85 MAIN STREET<br />
			PITTSFIELD, NH  03263<br />
			MINUTES OF PUBLIC HEARING</p>
<p> DATE:  THURSDAY, OCTOBER 9, 2014</p>
<p> ITEM 1.	Call to Order at 7:03 P.M. by Carole Dodge, Chairman</p>
<p>ITEM 2.	Roll Call</p>
<p>Members Present: </p>
<p>Carole Dodge (CD), Chairman, John (Pat) Heffernan (PH), Vice-Chairman, Paul Metcalf, Sr. (PM),Denis Beaudoin (DB), Scott Aubertin (SA),  Albert Douglas (AD), Alternate and Delores Fritz, Recording Secretary. </p>
<p>Members Absent:</p>
<p>None. </p>
<p>ITEM 3.	Approval of Minutes of September 11, 2014</p>
<p>(DB)  Motion to approve Minutes of September 11, 2014.  (PH)  Second.  Carried 5-0.</p>
<p>ITEM 4.	Public Hearing with respect to an application for a Special<br />
		Exception filed by Eli and Lisa English, 61 Prescott Road,<br />
 Pittsfield, NH  03263 (Tax Map R51, Lot 5-4) to house a<br />
 Home Occupation of antique auto restoration in the existing<br />
 structure.  The property is owned by Eli and Lisa English of<br />
61 Prescott Road, Pittsfield, NH  03263 and located in the<br />
RURAL Zone.</p>
<p>Eli and Lisa English were present.</p>
<p>Mr. English:  About a year ago I quit my job and for the past year I have been working out of my home but I want to make this right with the Town and get the Special Exception for the Home Occupation.  I have been doing nothing different since I have been there.  This is not auto repair but rather highly specialized restoration doing about one to two cars per year.  I pick up the pieces, usually in poor condition, and assemble them on the property.  There are few places within the state that can do this.  </p>
<p>CRITERIA:</p>
<p>Mr. English read Criteria responses from his application and also noted:</p>
<p>A.	 Mr. English:  This location has always been used as a repair facility and what I am doing is not far off from what it originally was.</p>
<p>B.	 Mr. English:  I cannot do the work outside and there is no noise involved.  Some of the vehicles are worth tens of thousands of dollars.</p>
<p>C.	 Mr. English:  Everything is stored inside.  Occasionally, I will use the driveway to do something on the cars.  There will be no change in the house site.</p>
<p>D.	 Mr. English:  Everything is in place to do this but I will be upgrading and doing some renovations to become more compliant.</p>
<p>E.	Mr. English:  I try to keep everything local by using local vendors and provide the service.  The local repair shops and vendors do not want to do what I do.</p>
<p>(PH)  I have been by the place and one cannot see anything from the road.  It looks like no one is there.  (PM)  I agree, you would not even know it was there. </p>
<p>Public Input</p>
<p>Paul Cody:  You can go by there and not know it is there.</p>
<p>Ralph Odell:  As one of the neighbors, I go by two times a day and there are positive improvements on the property.  He is talented and industrious businessman.</p>
<p>Close Public Input</p>
<p>(PH)  Motion to approve the Special Exception for Eli and Lisa English,<br />
61 Prescott Road, Pittsfield, NH  03263 (Tax Map R51, Lot 5-4) for a<br />
Home Occupation of antique auto restoration in existing structure.<br />
(SA)  Second.  Carried 5-0.</p>
<p>(CD) advised Eli and Lisa English of the thirty (30) day appeal process.  “I am sure you are aware but please remember that Home Occupation allows no more than four employees, one of which should be the property owner.  Also, if this is not acted upon within two years, it becomes null and void.”</p>
<p>Eli and Lisa English left meeting at 7:20 P.M.</p>
<p>ITEM 5.  Public Hearing with respect to an application for a Variance filed by 1st Lighthouse Holdings, David Schleyer, 440 Hanover Street, Manchester, NH  03104 to construct two decks and stairwell attached to the existing structure at the rear of the building within the setbacks located at 30-32 Main Street, Pittsfield, NH  03263 (Tax Map U03, Lot 70.)  The property is owned by 1st Lighthouse Holdings LLC, David Schleyer and is located in the COMMERCIAL Zone.</p>
<p>David Schleyer was present.</p>
<p>Mr. Schleyer:  There is no fire escape in the back of the building and there has never been a proper egress there.  To meet the codes, I would like to have a safer egress.  The secondary deck would be identical for the Molly Tavern of New Boston which will be housed in the building.</p>
<p>CRITERIA:</p>
<p>Mr. Schleyer read the Criteria as noted in his application including:</p>
<p>1.	 Mr. Schleyer:  This would be for safety purposes.<br />
2.	 Mr. Schleyer:   In the back of the building there is eleven (11) feet and would still leave a passageway.  No vehicles would be permitted back there though it is not a fire lane.  The Fire Chief is supportive of the decks.<br />
3.	Mr. Schleyer:  It would allow for fire safety and stop the use of vehicles in this space, which is not allowed.<br />
4.	Mr. Schleyer:  This would allow us to bring our offices into the building.<br />
5.	Mr. Schleyer:  We have also incorporated a fire alarm system in the building which is required by the Fire Department.<br />
B.  Mr. Schleyer:  There are similar decks around Town.</p>
<p>(SA)  Do any of the abutters own any land back there?  Mr. Schleyer:  No, and it has been measured many times and there is eleven (11) feet back there.</p>
<p>Jesse Pacheco, Building Inspector:  For the restaurant, it will make it a safer environment.  I agree with the Fire Chief, that it is not a fire lane.  No truck can fit in there well.  I do not know where the setbacks are.  Mr. Schleyer:  The Deed is clear.  Jesse Pacheco:  Now all they have is a ladder back there.  (PM)  What building abuts that?  Mr. Schleyer:  The Pittsfield Historical Society and there are a couple of other buildings down the alleyway.<br />
Mr. Schleyer:  The first staircase will be for the second floor and the second one will be only for the restaurant.</p>
<p>Public Input</p>
<p>Mr. Henry DeBoer:  I appreciate the work you are doing on the building and you are good neighbors.  I have had access to the back of my building in the past and there is no other way into the back of the building.  I never knew that repair vehicles cannot go back there.  There are utilities back there that require access for that purpose.  </p>
<p>Mr. Schleyer:  Utility trucks use hoses to do fill-up, etc. and if a stairwell is not in place, then it is necessary that jersey barriers be put up as a barrier.  Either way, stairwells or jersey barriers, will be up.  Vehicles should not be within that space.  </p>
<p>Mr. DeBoer:  If vehicles cannot go down there, he has the right to put in the stairwells, but if vehicles can go back there, then I do not want to give that right up should it be necessary that I would have to use that area.</p>
<p>(CD)  You would have to have a deeded right of way in order to pass through there and it would be on your Deed.  Mr. Schleyer:  It is not in the Deed; I have read the Deed several times and it does not indicate that.  In the past, the area was for walking through.  I am not trying to restrict you from going back there and I would not want tenants parking back there.  Tenant vehicles usually have to park around the corner.  Mr. DeBoer:  Again, if the right exists for me to use it for vehicles, I do not want to give that right up.  I have always been told that vehicles are allowed back there.  </p>
<p>Jesse Pacheco:  Again, if there is a right of way, it would be noted in the Deeds; David is correct on that.  If he has something in writing to note that it should be in the Deed.  The Fire Chief is concerned about vehicles being back there.</p>
<p>Mr. DeBoer:  Why does this require a Variance?  Mr. Schleyer:  The Variance is required because the staircase would be built within the setbacks though there are a lot of buildings in that area that are built in the setbacks.  (CD)  Most of those buildings are “grandfathered.”  If you do something new, you have to go before the Zoning Board to comply with the Ordinances.  Jesse Pacheco:  This includes signs.  Mr. Schleyer:  I would be willing to put it in the Deed that you have the right to pass and repass in the back of your property.</p>
<p>Close Public Input</p>
<p>Board Discussion:</p>
<p>(PH)  I am not sure, but I think you can get to the back of your building through the Freese property or through Wendy’s.  Regarding the no vehicles back there, when Gary Johnson was chief there was a problem with having vehicles back there.  The Historical Society has a no vehicles policy in that area and I think it is noted somewhere to that effect.  </p>
<p>(SA)  There are also propane tanks in there.  Do you have to access this way in order to have them serviced?  Mr. DeBoer:  Yes, and also I would like to clean out the basement of my property and do some rehab, so I would like to bring a truck back there to remove old materials.  If the Fire Chief does not want vehicles back there, it is okay with me.  Again, I appreciate the work being done on the property.  Many neighbors do whatever they want.</p>
<p>(PH)  Again, you could have something put in the Deed for pass and repass if it is agreeable with you both.  Mr. Schleyer:  Absolutely, there is foot traffic to all the abutting buildings and they should be able to use the alleyway but it needs to be clear.  The staircase will eliminate the vehicles.  We will also have a basement door that we can use.  Jesse Pacheco:  There will be a seven (7) foot area for walking through which is quite a bit.</p>
<p>Mr. DeBoer:  I am not against what David is suggesting.  Mr. Schleyer:  The life safety codes should supersede these other matters.</p>
<p>(CD)  We can still approve the Variance and allow them time for the Deeds to be checked for vehicular traffic or something can be addressed within the thirty (30) day appeal process timeframe or we can grant the Variance on the condition of the deed issue.  Mr. DeBoer:  I suspect that David knows the law in this matter better than I do.  (CD)  This is really quite simple – if there was some passage requirements, it would be in both Deeds.  It would be a deeded right of way to pass over David’s property to get to the other properties down the alleyway.  Mr. Schleyer:  There cannot be vehicles allowed in this area.</p>
<p>Jesse Pacheco:  The Board needs to vote on this matter.  He has the thirty (30) appeal process time to resolve the issue.  That is the way it should be handled.  Vote yes or no and Mr. DeBoer will then have the thirty day appeal process time to resolve any issues.</p>
<p>(PH)  Motion to approve the Variance filed by 1st Lighthouse Holdings, David Schleyer, 30-32 Main Street, Pittsfield, NH  03263 (Tax Map U03, Lot 70) to construct two decks and stairwell attached to existing structure at rear of building within the setbacks.  (PM)  Second.  Carrier 5-0.</p>
<p>(CD) reviewed the thirty (30) day appear process with applicant.</p>
<p>Mr. Schleyer left meeting at 7:50 P.M.</p>
<p>ITEM 6.  Motion for Rehearing filed by Brian and Daryal Klitz, 57 Center<br />
      Road, Chichester, NH  03258 to rehear the Administrative Appeal<br />
      filed by Brian and Daryal Klitz pertaining to the Pittsfield<br />
      Planning Board approval of the Rustic Crust Site Plan,<br />
      31 Barnstead Road, Pittsfield, NH  03263 owned by EBE Leasing,<br />
      d/b/a:  Rustic Crust – American Flatbread, P.O. Box 56, Pittsfield,<br />
      NH  03263 (Tax Map U01, Lot 01.) </p>
<p>Scott Aubertin recused himself from this portion of the hearing. (7:52 P.M.) </p>
<p>(CD)  At the last meeting, the same individuals asked Board to rehear the Planning Board Site Plan decision and they yet again requesting Board to review the information for rehearing.  The Board agreed with everything noted by the Planning Board and there was no new reason to grant the Administrative Appeal as noted by Town legal counsel.  I am of the opinion that we were correct the first and second time that this Motion for Rehearing was submitted and I do not see any new information to the contrary.  </p>
<p>(DB)  I have a question, how many times can they submit the same Motion for Rehearing with the same reasons?  This is the same as it was previously.  I do not see anything new and do not see why we would entertain this again.  I would like to see an end to this.  (CD)  It should have been at an end at last month’s meeting.  I do not see any new reasons for rehearing.  (PH)  They are not even present tonight; apparently, it is not important to them. I am not in favor of granting the Motion for Rehearing.  Isn’t that what they are in Court for now?  (CD)  They are in Court now regarding the Zoning Board decision on the Variance not the Planning Board issue.</p>
<p>(AD)  Motion to deny Motion for Rehearing filed by Brian and Daryal Klitz pertaining to the Pittsfield Planning Board approval of Site Plan for the Rustic Crust.  (PM)  Second.</p>
<p>After brief Discussion:  (AD) add to the Motion because Zoning Board has already heard the same issue twice before and denied it twice.  (PM) Second the addition to the Motion.  Carried 5-0. </p>
<p>ITEM 7.  Members Concerns</p>
<p>None.</p>
<p>ITEM 8.  Public Input</p>
<p>None.</p>
<p>ITEM 9.  Adjournment</p>
<p>(PH)  Motion to adjourn.  (SA)  Second.  Carried 5-0.</p>
<p>Meeting adjourned at 8:03 P.M.</p>
<p>Approved:  November 13, 2014</p>
<p>_______________________________	_________________________<br />
Carole Dodge, Chair						Date<br />
Pittsfield Zoning Board of Adjustment</p>
<p>No Attachments<br />
Olympus 1.00.0</p>
<p>I hereby certify that these Minutes were recorded by me on October 9, 2014, transcribed and publicly posted on<br />
October 16, 2014.</p>
<p>________________________________________________<br />
Delores A. Fritz, Recording Secretary</p>
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