ZONING BOARD OF ADJUSTMENT
MEETING MINUTES
THURSDAY – JANUARY 3, 2008
356 MAIN STREET - FARMINGTON, NH
Members Present: Elmer W. "Butch" Barron III, Barry Elliott, Joanne Shomphe and John David Aylard
Members Excused: Randy Orvis and Gerry McCarthy
Town Staff Present: Daniel Merhalski, Director of Planning and Community Development
Public Present: Gail Ellis, Chris Berry – Berry Surveying and Engineering and Randy Toussaint
Chairman Barron called the meeting to order at 7:32pm explaining that the meeting began late because the Board was in a non-public session with legal counsel. Chairman Barron seated Joanne Shomphe for Gerry McCarthy.
Chairman Barron calls for a motion on the previous month’s minutes.
Barry Elliott motions to approve the minutes of December 6, 2007 as presented, 2nd John David Aylard; no further discussion; all those in favor; motion carries.
Continued Cases:
• Continuation of Application from 09-06-2007, 10-04-2007 and 11-01-2007 for a Use Variance: By Gail Ellis (Tax Map R22, Lot #10); from Article 3.12, Section E, of the Farmington Zoning Ordinance; To allow the construction of a roadway and the removal of 25% slopes. Property located on Ten Rod Road in the (AR) Agricultural Residential Zoning District; Presented by Chris Berry, Berry Engineering and Survey.
Chairman Barron explained to the applicant that the board is short one member again tonight and they are welcome to continue the meeting until there is a full board. The applicants waived their right to a full board and chose to proceed.
Chris Berry explained that the applicant’s plan is to have 90,000 cubic yards of material excavated on the property, 12,331 cubic yards will be needed for road construction and the total random fill generated from the road construction will be approximately 17,320 cubic yards. Mr. Berry further explained that 8,000 cubic yards are needed to create the 12” layer; 4,400 cubic yards are needed to create the 6” layer, with the total volume of 12,400 cubic yards for construction of the roadbed being needed. (These calculations assume the material will be usable within the 18” select material layer.) The applicant is proposing a total removal of 90,000 cubic yards of material, with 30,000 cubic yards to be utilized on site.
Chairman Barron opened the floor to the public. Randy Toussaint commented that the applicant is proposing roughly 3,300 truckloads of materials to be taken off site. Mr. Berry replied that is correct.
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Chairman Barron questioned if the Board felt the two variances requested need to be reviewed separately or together. It was consensus that both requests needed to be dealt with individually.
The Board reviewed the application for the gravel removal of 25% slopes or more. Barry commented that he believes the applicant recognizes the concerns of this project and has a plan to respond to them responsibly and respectfully. Chris Berry commented that this application would fall under site-specific review and federal review so the applicants will have to continue in this manner.
Barry questioned if a reclamation bond is required for the application and Dan replied yes a reclamation plan and bond would be required.
Butch asked how long the applicants feel the pit will be in operation. Mr. Berry responded that he is not sure, it really depends on how long the road construction takes though he wouldn’t be opposed to some type of reasonable time limit.
Barry commented that the reason for the bond is to ensure the reclamations is complete though he is more concerned with the erosion control. Mr. Berry responded that one way to address this concern is to have a review every 6 months to make sure the applicants are being compliant and responsible. Dan commented that the planning board reviews the excavation permits each year and that they can “pull” an excavation permit, cash bond and reclamation of the pit if it is not compliant.
The Board agreed the applicant has met all the conditions of the application, noting that a gravel pit is an allowed use in this zone. Butch commented, however, that he would like to set the hours of operation for the gravel pit and that no loam leaves the site.
Butch Barron motioned to grant the application for a use variance from Article 3.12, Section E for Tax Map R22, Lot #10, by Gail Ellis, for the removal of 25% slopes contingent upon;
1. The hours of operation for the mining of the gravel pit be Monday through Friday 7 am to 5 pm, Saturday 7 am to 12 pm and closed on Sundays (this is not advisory, but a condition).
2. Independent oversight entity to be determined by the planning board and paid for by the applicant.
3. The variance lapses upon the application being denied by the planning board or the application being withdrawn.
4. The planning board has the authority to demand reclamation even if they deny the application.
5. No loam is to leave the site and all is to be used for reclamation, as well as, the entire gravel pit is to be reclaimed, loamed and vegetated., 2nd John David Aylard.
Motion carried with all in favor.
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Barry Elliot motioned for a five-minute recess, 2nd John David Aylard. Motion carried at 8:48pm.
Chairman Barron reconvened the meeting at 8:54pm.
The Board discussed the second application to allow the construction of a roadway on 25% slopes or greater. The Board agreed that the second application successfully answered the five questions and that the current proposed placement of the road seems to have the least amount of environmental impact. John commented that granting this variance only permits the building of the road and not necessarily the placement. Butch agreed noting that the current proposed plan is conceptual, not an engineered plan, but that any substantial changes should come back in front of the ZBA. Dan commented that granting the variance would allow for the road to be built in any spot. Butch responded that in putting it that way he would not be inclined to approve the variance. The board discussed that only the 25% slopes within the
blue highlighted area on the conceptual plan (plus/minus 10%) should be disturbed for the road construction.
Butch Barron motioned to grant the variance from Article 3.2, Section E, by Gail Ellis for Tax Map R22, Lot #10, to allow the construction of a roadway on 25% slopes or greater, contingent upon;
1. Oversight by a secondary entity to specifically oversee the road construction of the 15 % slopes or greater if not included in the planning board decision.
2. The road stays within the impact area of the roadway and gravel pit area that was discussed with this Board and on the conceptual plan presented
2nd John David Aylard, Motion carried with all in favor.
Barry Elliot motioned to adjourn, 2nd John David Aylard. Motion carried with all in favor.
Chairman Barron adjourned the meeting at 9:28 pm.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
_______________________________ _____________________
Elmer W. "Butch" Barron III, Chairman Date
Farmington Zoning Board of Adjustment
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