TOWN OF NEW BOSTON
ZONING BOARD OF ADJUSTMENT
MEETING MINUTES
04/18/06
Carol Hayse and Richard Herget, application for Special Exception, lot/map14/128, 79 Summit Drive are requesting amendment to permit more than one non-family member as employee.
Board Members Present: chairman David Craig, Phil Consolini, alternate Robert Todd, Clerk Laura Todd (all will be voting members) new board member Chris Golomb, who will observe as he has not been sworn in yet.
Chairman Craig opened the hearing @ 7:10 PM, read the application, and asked applicants to speak to the application.
Richard Herget said they want more than one non-family member employee. He went on to explain the confusing process for them to be approved as a business several years ago.
Chairman Craig asked for clarification: Special Exception from ZBA, Site Plan from Planning Board and gravel permit from Selectmen.
Mr. Herget continued explaining the confusing process.
Dave interjected that the board approved what was before them at the time and we have the right to put on conditions. He then asked how many employees they wanted
Mr. Herget explained that the work with one employee is very slow and he now has a better idea of how much stone is available. He knows that there is no way they will be able to remove what they thought in the time they estimated. He would like to do the work quickly, finish and do reclamation and enjoy the property. His ultimate goal is to make like a park. He thinks four employees would be good, but they might need more.
Dave asked if four were not enough, how many you would hire.
Carol Hayse said two, but wants the flexibility to hire more.
Mr. Herget said they can’t work in the rain and would need more, when it stopped raining. Carol Hayse said they would need a crew to do the reclamation.
Phil asked if the employees would be day employees (work and pay daily) or full time employees.
Bob Todd made comments explaining the ZBA got this application by default. The applicants do have an EPA permit. They probably need a Site Specific Permit. He went on to explain a Site Specific is when more than 100,000 square feet of surface is disturbed, as the roadway, holding areas are. It will take extreme vigilance to monitor this project for erosion. A Storm Water Pollution Prevention plan requires temporary erosion control to be put in place.
Carol Hayse said she seeded and hayed last winter, Herget said what Bob told them helped a lot. And Gary Flaherty helped them too.
Dave said he would like to se the code officer do an inspection. He then asked if abutter would like to comment.
Mark Brown, 48 McCurdy Road, resident for 20 years. He attended the first meetings, when it was proposed as a simple Mom and Pop operation, he was concerned then it might grow into a quarry and gravel pit. Landscape stone was the original definition, which has been exceeded. There is now an excavator and forklift.
Carol rebutted a mini excavator and Bobcat.
Mark continued that the stone clearly come from below the surface and questioned when it becomes a quarry. He is concerned about the loss of value to his property and doesn’t want a quarry in his back year. He said at each meeting they have asked for a little more, he is opposed and doesn’t want it expanded. His concern is loss of property value, erosion to bedrock, permits passed onto bigger operation, the noise level is irritating, they go beyond their time limit, and the dismantling of Joe English Hill. He brought pictures he had taken and submitted them for the record. (Find them in the file).
Dave asked if it was Marks position that they were digging.
Mark answered yes, down to bedrock. Mark then submitted a letter of opposition to the application.
Jim Halla, 54 McCurdy Road, then spoke, saying he was at the first meeting also. Said the applicants bought 68 acres for $175,000, of wasteland. The original owner ruined it by clear cutting, and then only saplings grew in very thick. Now there is a great view. The have given access to the town where most operations post no trespassing signs. He agrees there are many pallets. This property had no wildlife before and is now opened up to wildlife. He went on to say there used to be roads washed out, 4 wheelers made a mess. Now it looks good.
Dave asked what his sore spots were.
Jim Halla said they bring in equipment and leave it when and where it is done. Creates an eye sore.
Mark Brown said he had no issues with the truck traffic, but wanted this to be viewed as a larger operation.
Bob explained that bedrock is within 6”, and is cleaved inlayers and pieces; some are 4” thick and can go to 12” to 14” thick. These can be picked up and carried away. The concern is they move soil and need to put it back, which they are aware of. A Bobcat is good to use because it compacts the soil. He did not see a lot of tree removal, some of the roots are disturbed and trees are stunted because of little soil. He saw 25 pallets, some soil was disturbed by the working strip, which were 50-60 feet part with tree strips between them.
Dave asked Mark if he had any picture of big holes, had heard any blasting or drilling.
Mark did not.
There was some confusion regarding hours of operation, and it was established that the ZBA has final authority and the hours are to be 8-4 and if the applicants wanted to change the hours, they would have to apply at another time.
Mark then remarked that he had seen over 5 employees at the site.
Carol Hayse said they did have more than allowed at one time and stopped when they realized they couldn’t have that many.
Dave asked the board members if they had any questions.
Phil made a motion to approve 4 non family employees, 2nd by Bob.
Motion was approved unanimously.
This part of the hearing closed.
Phil made a motion to elect all the same officers for another year. David Craig as chairman, Harry Piper as Vice Chairman and Laura Todd as clerk, Bob 2nd and it was approved.
Meeting was adjourned at 8:35PM
Respectfully submitted
Laura Todd
04/21/06
Approved 05/16/06
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