TOWN OF NEW BOSTON
ZONING BOARD OF ADJUSTMENT
MEETING MINUTES
12/21/04
APPROVED 02/08/05
APPLICANT: LULL ROAD CORP. “Special Exception”
Members present: Ed DiPietro, Phil Consolini, Chairman David Craig, Vice Chairman Harry Piper, Alternative Bob Todd and Laura Todd, Clerk.
Chairman Dave Craig called the meeting to order @ 7:03 PM and asked the applicant to address his application.
Attorney Charles Cleary, Ray Kritch of Bedford Design, Bob Hutner and Trish Gordon principals of Lull Road Corp were present.
Attorney Cleary presented the application, stating that there is an existing gravel pit to the north owned by Clifton Wilson. The proposed gravel pit product will be hauled away from West Lull Place over the Clifton Wilson land to Twin Bridge Road. The goal is to put in a subdivision at the end of the gravel operation as the reclamation. The subdivision will be 16 lots of single-family homes. As earth products are removed, the road into the subdivision will be done. Atty. Cleary then read the three criteria supporting this application. See application. (After reviewing the meeting minute draft Atty. Cleary suggested the following statement should be added “The special exception was offered as an alternative to the cluster subdivision by variance which was denied by the ZBA on November
2, 2004, with the end result being substantially the same 16-lot subdivision as the Board previously reviewed”.)
In addition to criteria #2, Atty Cleary stated that no traffic would go in the southerly direction; all gravel traffic will go north. The character of the neighborhood is a few residences to the south and the gravel pit to the north. The applicant has tried to be sensitive to the abutters.
Chairman Craig asked for a description of land to west, an outline of Wilson property, if the proposed gravel pit is an existing operation, and if the property to the north is under a 155E permit
Ray of Bedford Design put up a 1998 aerial map, showing the houses in the area to the west. Paul Keiner (a concerned citizen) assisted showing new homes not shown of map. Ray outlined the Wilson property, and answered that the proposed gravel operation is new, but the Wilson operation is under a 155E permit.
Harry Piper voiced his concern about abutters in Weare not being notified about this proposed operation and the possible increase in traffic.
Atty. Cleary explained they would be using an existing haul road; Clifton Wilson would be excluding his operation while this new operation was running.
Further questions from the board were:
What is Clifton Wilson’s volume of operations and what will the new operation be? How long will this operation last, how close is Clifton operation to this property?
The answers, no knowledge of Wilson’s operation, possibly 9000 cubic yards on new, it will last 4 years with the volume reduced to 7000 cubic yards, and Wilson property is a couple of hundred feet.
Bob Todd then asked about soil series showing wetland, the aquifer protection area and asked to be shown the wetland delineation area, limit of excavation with grade and operation, and for a site plan, and if the present clear cut was at its limit, and if erosion control practices were in place?
Ray showed the soil series at narrow spot of wetland crossing, was not sure about aquifer, delineated wetland on aerial map, did not have an outline of grade or operation yet, and outlined the erosion control that was in place at this time.
Then there was discussion regarding the south west wetland, how much land area will drain into the river or wetland, if all vegetation was removed up to 50’ of river, what erosion control will be put into place before spring, what will be the average slope along the river and average length of slope.
Ray and Trish responded, 15 acres may drain into wetland and river, Ray had not been to site so was not sure of clear cut operation and the 50’ , they believed there would be not run off because they sink into soil, the average slope would be 40%, and the length will be 150’, maybe.
Bob said he ran the numbers for annual soil lost and it was 237 tons per year- 150 cubic yards, which could have an adverse effect on the river if it ran directly into it. He believes our authority extends to water quality in river, because this river is a unique resource. He then asked how long it would take to get erosion control in place.
The answer was 4 or 5 months.
The board then voiced their concern that there was not a plan here and many questions could not be answered.
Bob Todd made a motion to continue this hearing for a month to let the applicant prepare the needed documentation. 2nd by Harry Piper.
Chairman Craig then explained to the audience, that we don’t have enough information to make a decision tonight and need to move this hearing to another date.
The board asked the applicant for the following to be submitted 2 weeks prior to the next hearing:
1. Erosion control put in place now.
2. a grading plan @ 5’
3. number of trips and # of loads
4. everything that will help us make an informative decision.
Atty Tom Quarles (attorney for the abutters) spoke regarding the 155E permit, Special Exception criteria, 1973 Selectmen ordinance, and suggested the board needed to look at all of these and use the strictest. He then went on to list a number of things he thought should be available at the next meeting.
Atty. Cleary warned of raising the bar too high. He then asked how long his client needed to be ready with the asked for information.
There then was discussion regarding the need of Weare abutters to be notified and that it must be done through the Zoning Board office.
Chairman Craig said it was up to the applicant to make that decision and warned them of the risk of not notifying. The applicant would have to get the list to the ZBA clerk with additional abutter’s fees, if they decided to notice Weare abutters.
The motion was revised to continue the hearing at 02/15/04 @ 7PM, in the conference room. 2nd by Harry, and passed unanimously.
Submitted 12/23/04
Revised 01/05/05
Laura Todd
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