ANTRIM ZONING BOARD OF ADJUSTMENT MINUTES
Agenda for April 15, 2014 Meeting
Landsite Corp Case #2014-02ZBA
Two Special Exceptions – Oversize sign and
Members & Staff Present:
Diane Chauncey (Staff) John Giffin (Member) Ron Haggett (Member)
John Kendall (Chair) Frank Scales (Member Shelley Nelkens (Alternate)
Ray Ledger wood (Member) Carol Ogilvie (Consultant Planner)
Public Attendees:
Kevin Anderson Scott Burnside Kristina Burnside Stephen Schacht
Jeanne Cahoon Jay Hennessey Anne Hennessey Kristen Stenberg
Brian Sudsbury Steve MacDonald James Hankard Kathy Chisholm
Silas Little Peter Moore Wes Enman Margie Warner
Anne Enman Joyce Davison Donald Turner Lyman Gilmore
Lindsey Arceci Janet McEwen Darlene Whitney
Aloe Rioux (representing Hong Liu)
7:00PM Public Meeting:
Chair Kendall opened the meeting at 7PM. He introduced the ZBA members and explained the Public Hearing procedure.
Special Exception for a Sign
Special Exception from Article XVII F.1. Sign Ordinance to increase allowable sign size within the Highway Business District from the allowed 25 square feet to a proposed 32 square feet located at 470 Clinton Road (Map 213 Lot 3) in the Highway Business District and Rural District.
The Public Notice was read. The secretary stated that the notice had been displayed in all the appropriate places and that all abutters had been sent certified return receipt mail and all receipts had been returned.
Chair Kendall asked Mr. Burnside to present his proposal.
Mr. Burnside stated that the 15.26 acre property is proposed to be multi-use facility – the property is a “good fit” for his business. He stated that he was before the ZBA for two special exceptions – one for a larger sign and the other for a gravel excavation. Mr. Burnside asked Mr. Anderson of Meridian Land Services to present the proposal.
Mr. Anderson stated that the Zoning Ordinance allows the expansion of a sign as a Special Exception.
He gave a general overview of the project and said that the request for the increased size sign would improve visibility and therefore, safety. Mr. Anderson had a handout of the proposed sign.
Mr. Anderson stated that the following criteria must be met in order to grant the request:
1. The proposed use may be similar to one or more of the uses already authorized in the district and is
an appropriate location for such a use because:
A sign with a maximum area of 25 square feet is already allowed within the zoning district. The
ability to increase the sign area, with seemingly no limit, within the Highway Business district by
special exception points to the fact the zoning ordinance acknowledges the need under certain
circumstances where a larger sign is necessary for a business.
2. Such approval would not adversely affect the neighborhood, nor otherwise be injurious, obnoxious
or offensive because:
The enlarged size of the proposed sign is intended to provide recognition of the applicant’s
business location at a greater sight distance, thus allowing additional time to safely access the site
and also allowing additional time for other motorist to identify vehicle movement to and from the
site. The proposed sign will allow the applicant additional space to identify the multitude of uses
proposed for the site.
3. The use will not create excessive traffic congestion, noise, or odors in the neighborhood where it is
proposed because:
The increased size of the proposed sign will not create excessive traffic congestion, noise, or odors
in the neighborhood. As stated in response 2, the larger sign will create safer traffic movements to
and from the site.
4. Such approval would be consistent with the intent of the zoning ordinance, after having given due
consideration to recommendations received from the planning board, because:
As stated in response 1, the ability to seek for an increase in sign area within the Highway Business
district by special exception points to the fact the zoning ordinance acknowledges the need. The
proposed sign is a slight increase over the maximum allowable and will provide additional room to
adequately list the proposed uses of the site.
5. Adequate and appropriate facilities will be provided for the proper operation of the proposed use:
The proposed facility has been design with obvious and direct road access with ample space
within the parcel to allow for potential cuing of vehicles and ample driveway width for the scale of
vehicles typical to access and depart from the site, all without interfering with the regular flow of
traffic on Clinton road.
6. If the proposed special exception is listed in Article XIII, D(Special Exception Uses) of Antrim
Zoning Ordinances, then it must meet all conditions of that article:
The proposed special exception is not listed in Article XIII and therefore does not need to meet
any of the listed conditions.
Mr. Anderson summarized the special exception (for an increased size in the sign from 25 square feet to 32 square feet) by saying that the request was a small increase for the proposed facility, that the sign needed to be prominent enough for drivers to see.
Chair Kendall asked for questions from the Board.
How would the sign be placed?
Answer: perpendicular to the road
How high would the sign be?
Answer: The dimensions are on the handout
Mr. Burnside interjected that the sign on the handout was a “suggested” sign – not necessarily the exact sign to be placed on the property
How close will the sign be to the road?
Answer: There is no sign setback - just out of the State’s right of way.
There were no other questions from the Board.
Public Hearing:
Chair Kendall asked for abutters in favor of the proposal who would like to comment:
Mr. Sudsbury – not a problem will work out fine
Chair Kendall asked for abutters not in favor of the proposal who would like to comment:
There were none.
Chair Kendall asked for any other who would like to comment on the proposal:
Mr. Schacht stated that it was a good use for the Highway Business District.
No further comments were made, Chair Kendall closed the Public Hearing.
Deliberation:
Chair Kendall said that the sign increase was 30%.
Mr. Giffin said that a small sign would be lost in that section of Route 31.
Mr. Scales asked about lighting; Chair Kendall stated that lighting was a Planning Board issue.
Motion made by: Mr. Haggett Seconded by: Mr. Giffin
Motion: Move to GRANT the request of Landsite Corp. for a Special Exception to increase allowable sign size within the Highway Business District from the allowed 25 square feet to a proposed 32 square feet on property located at 470 Clinton Road (Map 213 Lot 3) in the Highway Business District and Rural District.
The following conditions apply to this approval:
Zoning Board of Adjustment requirements, commitments and agreements made by the applicant and/or his agent as recorded in the meeting minutes dated April15, 2014 and subsequent meetings as they pertain to this application are a conditional part of this approval.
The applicant shall obtain a building permit for any construction or alteration and adhere to all building, health and fire codes.
ROLL CALL VOTE:
Motion to Grant Date: April 15, 2014
Name |
Yes |
No |
John Giffin |
X |
|
Ron Haggett |
X |
|
John Kendall |
X |
|
Ray Ledgerwood |
X |
|
Shelley Nelkens (Alternate) |
|
|
Frank Scales |
X |
|
|
|
|
The motion passed. The Notice of Decision will be written within 5 business days.
Special Exception for a Gravel Operation.
Special Exception for permitting a gravel excavation operation within the Town of Antrim where no governing regulation is active.
Mr. Anderson stated the following:
- There are 90,000 – 100,000 cubic yards of material - approximately – existing
- Some of the excavation will be considered incidental as the material must be removed in order to construct portions of the proposed project
- He pointed to the plan to indicate that the property’s long term goals would have multiple uses
- The are on the plan marked “potential material processing area” is a future site
- A noise study was done by Reuter Associates – the loader back up “beep” was the only piece of equipment with a
- Property Analysis – completed by Rockwood Analysis
- Aggregate analysis – completed – “really good material
Mr. Anderson stated that the following criteria must be met.
1. The proposed use may be similar to one or more of the uses already authorized in the district and is
an appropriate location for such a use because:
Referencing the Town of Antrim’s master plan, of the twelve (12) gravel pit operations (active and
inactive) five (5) are within close proximity to the proposed Landsite gravel excavation site. A
gravel pit operation isn’t a use in which an applicant can choose the location for, but rather the
applicant must research a site to determine any usable material, then permit its location
regardless of the overlaying district. As noted within the master plan all twelve (12) of the active
and former gravel pit excavation sites all are located within the Rural District. This is
understandable because of the district’s large tracts of land. The Town Council and subsequent
interpretation by Attorneys Upton and Hatfield, LLP., have determined that gravel excavation
operations are best suited in the Village Business and Highway Business District, the latter being
the overlaying district of the proposed application.
2. Such approval would not adversely affect the neighborhood, nor otherwise be injurious, obnoxious
or offensive because:
The applicant has conducted significant research and compiled reference documents for the
proposed operation including; a noise impact study by Reuter Associates LLC. dated February 25,
2013 and a property analysis of the abutting parcels conducted by Rockwood Appraisal Service of
Wilton, NH. Both the study and the analysis conclude that the proposed gravel operation will have
no adverse effect to the neighborhood. The proposed gravel excavation within the site is located a
safe distance away from the public right of way. The configuration of the proposed facility
produces a safe layout by creating well defined access and egress routes.
3. The use will not create excessive traffic congestion, noise, or odors in the neighborhood where it is
proposed because:
As stated in response 2 the applicant has hired Reuter Associates LLC. to perform a noise study of
the site, which concluded by stating that there will be no adverse impact from the proposed gravel
excavation operation. The configuration of the site and the access driveways were designed to
allow uninterrupted vehicle movements into and from the site. Ample room within the site allow
for vehicles to turn around without impeding other vehicles movements about the site. This layout
will prevent any potential backup of traffic on Clinton Road. In general the process of gravel
excavation emits no odors.
4. Such approval would be consistent with the intent of the zoning ordinance, after having given due
consideration to recommendations received from the planning board, because:
As noted from the Town of Antrim’s Master Plan, “Antrim’s zoning ordinances make no provisions
for the permitting of a new earth excavation sites. Therefore, an applicant wishing to open a new
earth excavation operation is required to obtain a special exception from the Zoning Board of
Adjustment in accordance with RSA 155‐E, III.” Using the guidance from the master plan and
referring to the studies the applicant has researched, the Landsite gravel excavation is located
within an ideal area.
5. Adequate and appropriate facilities will be provided for the proper operation of the proposed use:
The proposed multi‐use facility, which is proposed alongside the gravel excavation operation will
provide an ideal configuration for the vehicle circulation combining similar uses within one area.
6. If the proposed special exception is listed in Article XIII, D (Special Exception Uses) of Antrim
Zoning Ordinances, then it must meet all conditions of that article:
The proposed special exception is not listed in Article XIII and therefore does not need to meet
any of the listed conditions.
Mr. Anderson summarized by stating that it was a great place for a gravel pit.
The Board members asked questions which were answered by Mr. Burnside or Mr. Anderson:
- Does material need to be removed in order to construct the buildings? For the storage units, material will be removed. Every available area will be planted in Christmas trees.
- Will the Planning Board Site Plan Review deal with excavation uses? The ZBA is being asked to grant a request for a Special Exception. All the other uses are permitted uses and will be dealt with in the Site Plan Review. The Town will have more control of the gravel operation if the there is a permit rather than an incidental excavation.
- What is the time frame for the operation? Ten to fifteen years is estimated . A gravel operation is economy driven – no houses no gravel sales. But it was said that if the State were to come in to the area and do a major road project , the material could be gone quickly.
- What will be constructed first? The storage units would be the most marketable. The wood processing operation will start up in the first year. It is a mobile unit that could be used during the winter months when construction projects are not occurring.
- How deep will the material be removed? Street level. RSA 155:E has strict guidelines for how deep an operation can go and the Planning Board will monitor the operation.
- Will ther be a rock crusher? The material does not have enough rock to justify a crusher.
- Will there be certain hours of operation? This is a Planning Board Site Review issue.
- What odors will the operation emit? The Special Exception criteria mention odor and so it is addressed, but the operation will not emit odors.
- What about the diesel smell? All the Landsite trucks need to meet emission standards.
- How many trucks will go in and out per day? It would depend on the economy.
Atty Little explained something on the plan. – listen to tape
Chair Kendall opened the Public Hearing.
Public Hearing:
Chair Kendall asked for comments from abutters in favor of the project.
Mr. Turner wanted to know how far up the road???? Not sure - listen to tape
Mr. Sudsbury stated that he was in favor of the project.
Chair Kendall asked for comments from abutters in favor of the project.
Non-abutters:
Mr. Hankard spoke numerous times in the hearing. He asked if the noise study was done by a neutral firm. He stated that he was also concerned with additional traffic and that he would hate getting a surprise down the road. He also asked about maintenance of the road. He stated that a neutral firm should be hired to do a noise study and that Mr. Burnside should pay for it. He wanted to know if he could hear a rock crusher and what was the range of noise.
Mr. Burnside stated that his vehicles were already on Rt. 31, and as for the number of vehicles, it would depend on the economy and the project.
Chair Kendall reminded the attendees that the Special Exception was for the gravel operation. Planning Board would discuss Site Plan Review items. Chair Kendall did say that if the abutters wanted a noise study they could hire a company.
Ms. Ogilvie stated that there was plenty of information available if additional information was needed. She did not feel that in this case another study was necessary.
Chair Kendall added that the Town of Antrim has no noise ordinance – nothing is written to govern a regulation. He stated that when the ZBA was holding hearings for a proposed cell tower, he came to realize that noise issues were very subjective and hard to put a number on.
Mr. Hankard hoped the Board would take in consideration the homeowners and he had numerous questions that the Planning Board should address. He asked again that the Board should consider a neutral study; he said that he did not want the quality of his life compromised.
Chair Kendall reminded the attendees that the ZBA case concerned the Special Exception for a gravel operation.
Mr. Burnside stated from RSA 155:E that a town shall provide an area for Excavation.
Atty Little stated that the noise impact study was done by experts and even though, the firm was hired by Landsite Corp, they work with measurements and dba scales. He said that another company would get the same readings.
Mr. Burnside added that the study had been done with no foliage (so nothing to buffer the sound).
Ms. Stenberg spoke several times. She stated that she had lived near Henniker Crushed Stone for many years. She had to listen to debarkers, engine noise, trucks going back and forth – all day long. Now, she stated her father was buried in the North Branch Cemetery – a place that he had chosen because of its quiet location and near the stone walls. Now, she said there is not a single tree left and she wanted a buffer zone. She repeated that when she lived in Henniker, she listened to the noise all day long. She said that she was also concerned with traffic, the noise level and the dust. She also said that the project was bigger than she had expected.
Chair Kendall reminded the attendees that the ZBA case concerned the Special Exception for a gravel operation. He also said that if the Town granted the Special Exception, the Town could govern the operation. He said that he understood the ZBA role and to be fair with abutters and protect the personal well-being of the homeowners.
Mr. Burnside stated that Henniker Crushed Stone is a quarry – not an operation like Landsite Corp will operate.
Mr. Haggett stated that the ZBA needed to allow the use as a Special Exception and that all the other uses are permitted uses in the Highway Business District.
Ms. Chauncey read a letter from Mr. Donald Brown in which he stated his opposition to the Special Exception for the gravel operation. Get more info from letter…
Ms. Chauncey also read an email in support of the project from Goss & Sons and Lenire & Sons.
Mr. Hankard stated that he wanted a noise study done and that the residents concerns should come first and residents were not treated well during the wind.
Deliberation:
Chair Kendall said that he was concerned about noise.
Ms. Ogilvie stated that the Planning Board has more ability to address the noise issue; the ZBA might unwillingly attach a condition that may tie the hands of the Planning Board
Mr. Hagget stated that the condition could advise the Planning Board to undertake special reference to the issue of noise.
Ms. Ogilvie stated that the Planning Board can determine whether or not a noise study is necessary.
Chair Kendall continued to express his concern.
Mr. Giffin stated that he Special Exception should be granted in order that the Planning Board has more control of the Excavation operation. The Planning Board could add stipulations.
Ms. Ogilvie stated that he Planning Board would have more control because it is a new application.
Mr. Scales stated that the Planning Board has the details.
Mr. Haggett stated that if the Special Exception is not grated, then the excavation becomes incidental and the Town would not have control.
Mr. Burnside stated that as the business owner, it was the right approach for the Town to take.
Chair Kendall stated the proposed project is in the Highway Business District and he wanted to see growth in the Town. But, he said – we all live in the town, and he is just trying to do the best for all.
The Members reviewed the following four criteria that must be met:
- Will not cause a diminution in area property values or unreasonably change the character of the neighborhood
- Will not unreasonably accelerate the deterioration of highways or create safety hazards in the use of the highways
- Will not create any nuisance or create health or safety hazards;
- The excavation complies with any other special exception criteria set forth in the local zoning ordinance
Mr. Haggett made the motion. Mr. Scales seconded.
Motion: Move to GRANT the application of the request of Landsite Corp. for a Special Exception for permitting a gravel pit excavation operation within the Town of Antrim where no governing regulation is active at 470 Clinton Road (Map 213 Lot 3) in the Highway Business District and Rural District.
The following conditions apply to this approval:
- Zoning Board of Adjustment requirements, commitments and agreements made by the applicant and/or his agent as recorded in the meeting minutes dated April 15, 2014 and subsequent meetings as they pertain to this application are a conditional part of this approval.
- The applicant shall obtain a building permit for any construction or alteration and adhere to all building, health and fire codes.
- The Planning Board shall pay special deference to the noise study
Roll Call Vote:
Name |
Yes |
No |
John Giffin |
x |
|
Ron Haggett |
x |
|
John Kendall |
x |
|
Ray Ledgerwood |
x |
|
Shelley Nelkens (Alternate) |
|
|
Frank Scales |
x |
|
The motion passed. A Notice of Decision will be done within 5 business days.
Business Meeting:
Approve Minutes of October 22, 2013 and April 8, 2014 Mr. Haggett moved that both sets of minutes should be accepted, as presented. Mr. Scales seconded. By a voice vote, the Board voted to accept the minutes and to approve the minutes, as presented.
Workshops & Trainings:
20th Annual spring Planning & Zoning conference – Saturday, May 3 - Registration now open - fyi
At 8:45PM, Mr. Giffin moved to adjourn; Mr. Scales seconded. All approved. The meeting was adjourned.
Respectfully submitted,
Diane Chauncey, On Behalf of the Antrim Zoning Board of Adjustment
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