Town of New Boston
Zoning Board of Adjustment
Meeting Minutes
01/11/05
APPROVED 02/08/05
GRANITE STATE CONCRETE CO. INC. “Special Exception”
Members Present: Chairman David Craig, Greg Mattison, Phil Consolini, Alternate Robert Todd, and Laura Todd, Clerk. All members present voted.
Chairman David Craig opened the hearing at 7:04 PM, explaining that this was a hearing for a “Special Exception” for Granite State Concrete Co. Inc. of Milford, NH to operate a gravel pit. He then asked the representative from Granite State Concrete Co., Inc. to present his application.
Atty.Jim Kerouac of Gallagher, Callahan & Gartrell, introduced; John MacLellen owner of Granite State Concrete Co. Inc., Jeff Cloutier of NorthAmerican Reserve, Cory Johnson of Keach Nordstrom as part of the team to make the presentation.
Mr. MacLellan then spoke to his application, using plan 2 of 4 (see file) to show the location of the property, Lot 5, Map 13, in the application. Giving a history, explained that the company owned Lot 9, Map 10 in Lyndeborough, as well as Lot 4, Map 13 in New Boston. Lots 4/13 and 9/10 have been under excavation since the 1960’s, and are both grandfathered. He estimated that out of these lots he hauled less than 200,000 cubic yards a year, by truck over Hopkins Road to Francestown Turnpike. In 2002, they applied for a permit from the Town of Lyndeborough for Lot 47, Map 7 and renewed it again in 2004, they have been excavating coarse material from this lot. The lot before us in this application is Lot 5, Map 13 that has fine material, which they would like to excavate
now. The access road runs east to west. He went on to explain they had made major renovations to Hopkins Road over the last 20 years. He also has an agreement with NHDES to remove purple loosestrife and to create a wildlife corridor as well as a request from the Town of New Boston to move the access road. They want to use the lot under this application for, excavation, the new access route, and to continue the work with DES.
Dave Craig asked to clarify, that the applicant wanted to put an access road and excavate lot 5. How much material and over what time period. Yes, 5.5 million and it will be a long process, typically move less than 200,000 yards of material.
Robert Todd asked Mr. MacLellen to repeat the chronology of permitting process. Mr. MacLellen, lot 4 in NB and 9 in Lyndeborough were purchased in the early 70’s, are grandfathered and 30 years excavated following the esker. 2002 received permit for lot 47 in Lyndeborough, which was a 2 year permit and was renewed in 2004. Lot 5 was purchased at least 10 years ago.
Jim Kerouac gave a brief overview of application. Property is located in the RA district, gravel excavation is allowed in this district with a Special Exception, the property located on Ground Water Resource Conservation overlay district, Jeff Cloutier (Geologist) was introduced.
Jeff Cloutier addressed the provisions for the Special Exception. Under 206.1(d), the proposed use will not adversely effect:
1. community facilities, (no community facilities will be used. 2. character of the area effected, (already gravel pit existing) 3. traffic on road and highways, (number of trucks will not increase).
Ground Water Resource Conservation District (204.7): 1. asks if the proposed use will have a detrimental effect on ground water in aquifer, (will not be storing or using any chemical on site, fueling equipment will be brought to site for refueling. 2. will not cause a reduction in long term volume of water, (staying a minimum of 4 feet above the water table and won’t effect the table). 3. no waste water on site other than permitted under this article, (no waste water, only storm water). 4. use complies with all other applicable section of Article, (no storing chemicals, 4ft above seasonal high ground water table, no waste water, no building, no impervious road).
Plan sheet (3) shows excavation, advance the excavation from lot to the east toward Salisbury Road, grade of 590 and 580 final elevation; 2-1 reclamation slopes, all loamed and seeded, top soil will be stored to the west of the pond in center of grandfathered property.
Dave Craig, you are not seeking to expand operation, limit to same number of trucks. Answer was it would be market driven.
Dave stated his concern that if it was market driven, and there is 5.5 million cubic yards, trying to get a sense of how much gravel would be taken out. MacLellen explained it was for their own purposes, they have a plant in Milford and concrete plants and over the last 10 years they have hauled between 100,000 and 200,000 cubic yards per year, after being in business for 30 years 200,000 makes economic sense.
Some discussion regarding the number of trucks followed; as well as final use of land; dust control noted on sheet 3, note 6, the concern being for new development across Salisbury Road; and if there is a Federal Storm Water permit. The number of truck was guessed to be 30 to 40 per day, (Selectmen Woodbury cautioned the board to avoid making the number of trucks a condition, to avoid truck counting by abutters and creating a problem for the town, he would like to get a number for amount from each lot that is hauled each year); final use of land is not decided with no plans to develop at this time; dust control would be only on roadways and not on slopes and there will be a 50’ buffer to Salisbury Road; there is no federal permit, an exemption is assumed due to no storm water leaving site.
Dave Craig asked the applicant if he was willing to agree not to increase traffic. MacLellen said he was willing to agree to not take more than he has at other sites.
Kerouac said this is a cumulative impact, they are not going to change and it is market driven. The access is the same; the site will become consistent with other lots in area that are owned by applicant.
Dave noted no abutters present.
Discussion then turned to Lot 4/Map 13 and the fact that it was grandfathered and not restricted by town permitting, but was state permitted. Dave C. asked if the applicant knew lot 5 would require all town permits. Yes was the answer.
Selectmen Woodbury said that abutters to lot 4, Map 13, are sensitive to this project and said probably new abutters would be as well. Mr. MacLellen responded saying he would be sensitive to the abutters concerns and the new proposed access road would be further from Lyndeborough Road and the excavation is below road level, so people from new development would not be subject to same problems.
Selectmen Woodbury said abutters on Lyndeborough Road are content with the level of activity on lot 4, map 13 and said if the level of activity on lot 5, map 13 remained the same it wouldn’t raise too may problems.
Robert asked what mineral soil was exposed on entire excavation. 10% , about 3-5 acres.
Dave Craig asked MacLellen if he as willing to give up lot 4, map 13, grandfather status, so town could have control over operation. MacLellen said no.
Greg Mattison asked that more data be provided to the board, with Dave specifying data concerning the amount of material to be removed from lot 5, with that number being a not to exceed number being removed from lot 4.
Peter Hogan Planning Board Chairman asked if the ZBA would do a site walk. Robert Todd moved to reconvene this hearing to a joint site walk, scheduled for Saturday, January 29th at 8AM and continue the hearing to Feb 8th at 7:30 PM in the conference room. 2nd by Greg. Passed unanimously.
Phil moved to adjourn this hearing at 8PM, seconded by Greg, passed unanimously.
Respectfully submitted,
Laura Todd
01/14/05
revised 02/08/05
| 
