September 11, 2014 Minutes

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

DATE: THURSDAY, SEPTEMBER 11, 2014

ITEM 1. Call to Order at 7:02 P.M. by Carole Dodge, Chairman

ITEM 2. Roll Call

Members Present:

Carole Dodge (CD), Chairman, John (Pat) Heffernan (PH), Vice-Chairman, Denis Beaudoin (DB), Scott Aubertin (SA), Albert Douglas (AD), Alternate and Delores Fritz, Recording Secretary.

Members Absent:

Paul Metcalf, Sr. (PM)

Albert Douglas (AD) was seated on the Board

ITEM 3. Approval of Minutes of August 14, 2014

(AD) Motion to approve Minutes of August 14, 2014.
(DB) Second. Carried 5-0.

ITEM 4. Public Hearing with respect to an application for a Special
Exception filed by Matthew and Jill Fudala of 85 Norris Road,
Pittsfield, NH 03263 (Tax Map R21, Lot 8) to house a Home
Occupation in the existing structure for sale of craft items on a
seasonal basis. The property is located in the RURAL Zone.

(CD) explained to applicant, the procedure by which the hearing would be conducted.
Jill Fudala read into the record each of the Criteria along with an explanation of each statement.

(AD) What would be the hours of the craft store? Jill Fudala: 10:00 A.M. to 5:00 P.M. (AD) There are two entrances? Jill Fudala: Yes, one in the back and one on the side, both of which can be used by the public.

(PH) What about a sign? Jill Fudala: I discussed this with Building Inspector who explained as long as the sign is not “obnoxious or otherwise an eyesore” that a sign would be acceptable. We have plans to have a
2 x 3 ft. sign made from recycled wood which will be placed at the end of the driveway. (PH) Who will be working there? Jill Fudala: Myself and my mother-in-law, when I am not available; just the two of us. (PH) Home Occupation is limited to four people.

Public Input

Polly Cortese: I love to hear this that they are going to utilize their home for a business. As I travel through the area, I see barns and buildings falling down all over the place so I am glad to hear that they are willing to do this. It is a great idea and they are investing in the Town.

Close Public Input

(DB) Motion to approve Special Exception for Home Occupation for Jill & Matthew Fudala, 85 Norris Road, Pittsfield, NH 03263 (Tax Map R21,
Lot 8) in the existing structure for sale of craft items on a seasonal basis. (AD) Second. Carried 5-0.

(CD) explained to them the 30 day appeal process.

Jill and Matthew Fudala left meeting at 7:15 P.M.

ITEM 5. Public Hearing with respect to an application for a Special
Exception filed by Eric Bahr, 105-1 W. Merrimack Street,
Manchester, NH 03101 to allow the keeping of farm animals
in the SUBURBAN Zone on property located at 240 Tilton Hill
Road, Pittsfield, NH 03263 (Tax Map R14, Lot 6.) Property is
located in the SUBURBAN Zone.

Carole Dodge (CD) recused herself as an abutter. (7:17 P.M.)

Albert Douglas (AD) related that Mr. Bahr and he had a business relationship in the past but not at the present time. Board agreed that recusal would not be necessary as did the applicant.

(CD) This means that your application will not be heard by a full Board, is that agreeable. Mr. Bahr: Yes.

Eric Bahr explained that there is a Purchase/Sale Agreement pending on this property. The purchaser of the property has several animals (2 horses, 12 goats, 6 alpacas, 16 ducks and 12 chickens.) I believe that short term they will be housing them in the existing structures but ultimately be building another barn. They cannot buy the property unless they can move the animals. My ex-wife and I own this property.

Eric Bahr reviewed the Criteria noting that this was originally a farmhouse and partially is now in current use. There are similar parcels of this type in the immediate area and there is plenty of room (11.750 acres.) This is not a petting zoo and there will be zero impact to pedestrian or vehicular traffic.

(PH) Are there two barns there now? Eric Bahr: There is a pool house and a garage. The pool house would be good for the keeping of the ducks and chickens. (PH) How long would the animals stay there? Eric Bahr: Permanently. (PH) There is enough land up there and I see no problem with this.

(AD) I am trying to figure out if the sale is pending, is there something the purchaser would have to do regarding the animals. We do not now know what they are going to with the animals such as providing cages, housing, etc. I am concerned about that. I would not like to see them running “amuck.” If they are coming with animals, I would like to see them do the right thing. Eric Bahr: I am not asking to waive any other rules in Town. Should anything happen, Town has enforcement in place. My understanding is that they are going to put in a fence and build a structure for the alpacas for which they would have to pull permits, etc. I can give you no specific details because I do not know.

(PH) What is the garage size? Eric Bahr: Wide enough as it has three bays and is 2 ½ stories. The access to the garage is on two levels – second floor exits through the hillside. It is buried into the hill. (PH) How are they going to house all the animals? (SA) Other than that, I think this is okay and I assume they are going to put up more buildings. (AD) You are talking about 48 different animals; there has to be some kind of housing. Not knowing what ideas they have, I wish that they were present tonight.
(PH) I do not see too much of a problem with this.

Public Input

Donald Lavigne: Is the area going to be fenced and if Special Exception is granted does it open it up to have any type of animal there? (PH) It will be limited to what is listed here. Donald Lavigne: That is a lot of animals. The issue of barking dogs was brought up. Eric Bahr: The dogs are gone; these are not the same people.

Jeffrey Swain: I recently got a Special Exception for the same issue and I see no problem with this. I do not know who these people are but we could have the Animal Control Officer go up there and view the area and make sure there is housing for them. (PH) The horses would fit in the garage. (CD) from audience, noted that about 6-8 horses and the alpacas could fit in the garage – the alpacas are about the size of donkeys. (PH) So, all would fit in the same building. (CD) from audience: Some could go on the second floor because of the walk-in entrance. They could house everything right in the garage. (PH) With the chickens and ducks in the pool house.
(CD): The alpacas are pretty small.

Victor Hughes: I live down the street from them. How many acres are there? Eric Bahr: Almost 12 acres.

Dana Elliott: The roosters could be a problem. Do they have any roosters? In the summertime, they are up at 4:30 A.M. Can you put horses on cement? (CD) Some people do. Dana Elliott: Some of the property is in current use; will they lose the current use? Eric Bahr: The property in current use is for agriculture. (CD) There is a new law that any agricultural buildings do not change the status of current use.

Dana Elliott: Another thing, the feces of animals have to be a certain distance from any water bodies. How will they get rid of manure?
Eric Bahr: I cannot answer that question. There are almost 12 acres there and adequate land. It is not near a stream or any wetlands. I am not asking that Town waives any manure regulations.

Donald Lavigne: I own the lot right next to this. It is real close to my house.

Dana Elliott: How many chickens do they have and will they be hatching more ducks/chickens? Eric Bahr: My understanding of this process is that we are asking for a specific number of animals and they cannot add more animals without going before the ZBA. Dana Elliott: So they cannot grow their “herds”? Eric Bahr: Right. (CD) Good fences make good neighbors.

Close Public Input

(SA) There is plenty of land for it all. We do not know how they will keep the animals. (PH) If the animals get loose and something happens, that would be the applicant’s problem. Eric Bahr: There are three acres of open land.

(DB) I have heard that when you house animals on concrete, they can get “zapped” when traveling from the concrete to the ground. (PH) This can easily be taken care of and happens more with cattle not necessarily horses.

(PH) Motion to approve Special Exception for Eric Bahr, 240 Tilton Hill Road, Pittsfield, NH 03263 (Tax Map R14, Lot 6) to keep farm animals in the Suburban Zone. Animals to include: two (2) horses, twelve (12) goats, six (6) alpacas, sixteen (16) ducks and twelve (12) chickens.
(SA) Second. Carried 4-0.

(AD) When will the new property owner be in this place? Eric Bahr: We will be closing on September 19, 2014.

(PH) explained the 30 day appeal process to Eric Bahr.

Eric Bahr left meeting at 7:40 P.M.

Carole Dodge returned and was seated on the Board.
ITEM 6. Old Business

a. Cortese Variance

Polly and Joseph Cortese were present.

(CD) We received a letter today from Atty. Mark Hodgdon regarding the Variance. Mr. Cortese, can you give us some details?

Joseph Cortese: The last time we met with Board, we related the progress we had made on the transition of the property. We would like to withdraw our application for the Variance without prejudice.

We closed on the property at the end of June and took full possession on July 19th. The previous owner did not move right away and occupied a critical space within the property that was important to our business. We have achieved quite a bit in about 3 ½ weeks after having some issues with the contractor on a personal and business level which effected our timeline. Hopefully, we will be in there in about four weeks, maybe sooner.

We did not know a lot about the different building codes and compliance. We are grateful to Jesse for his tremendous guidelines and suggestions and we hope to have our Certificate of Occupancy soon.

(AD) Motion to approve Withdrawal Without Prejudice of Variance to increase number of employees for Home Occupation for Joseph and Polly Cortese, 51 Dowboro Road, Pittsfield, NH 03263 (Tax Map R41, Lot 10) in the RURAL Zone. (DB) Second. Carried 5-0.

Polly and Joseph Cortese left meeting at 7:50 P.M.

ITEM 7. Members Concerns

(CD) We have quite a bit of correspondence pertaining to the Rustic Crust – Klitz appeal. There have been a couple of decision by the Court with some Motions denied. (Board was able to review briefly the correspondence.)

ITEM 8: Public Input

Jesse Pacheco, Building Inspector: PSNH feels the ZBA overlooked some issues regarding the pole that is positioned in front of Rustic Crust. PSNH had to raise the pole and perhaps, that is something that needs to be addressed in the future.

(CD) Some of the Board members have attended a couple of the Law Lectures – some good, some not so good. We attended one last night which was interesting regarding impact fees.

Jesse Pacheco: This would have been good for new members to attend. (CD) This is a small town and we would not benefit significantly.
(SA) Right now, it would hurt the Town. (CD) The thought process is to set it up now and look at it again when needed. (AD) If someone would put something on Route 28, that would be an impact. Jesse Pacheco: Yes, an impact on the roads, but how much?

ITEM 9: Adjournment

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

Approved: October 9, 2014

_______________________ ____________________
Carole Dodge, Chairman Date

I hereby certify that these Minutes were recorded by me on September 1`1, 2014, transcribed and publicly
Posted on September 17, 2014.

__________________________________
Delores A. Fritz, Recording Secretary

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Olympus: 1:07:46