TOWN OF NEW BOSTON
ZONING BOARD OF ADJUSTMENT
MEETING MINUTES
04/19/05
APPROVED 05/19/05, AS AMENDED
Lull Road Corp, Inc. application for “Special Exception’ to operate a gravel pit, map/lot 3/5, this is a continued hearing for 3/15/05.
Board Members present: Chairman David Craig, Vice Chairman Harry Piper, Bob Todd, Ed DiPietro, Greg Mattison, Phil Consolini, Laura Todd clerk.
Hearing opened at 7:05 Pm.
Election of Officers, E. DiPietro moved to keep the same, 2nd by P. Consolini, passed.
Meeting minutes accepted as corrected by P. Consolini, 2nd by Greg, passed.
D. Craig stated that we had received numerous submissions since the last hearing and they were available for public view. We heard from applicant, noticed abutters and organizations at previous hearings and will begin this hearing with noticed abutters, (none spoke), then interested parties.
Laura Bono, Weare Selectperson asked the board to consider the impact on the Weare roads, the truck traffic, congestion and unsafe situations. She said Twin Bridge Road was closed, due to the paving. Gould Road was not closed, but they preferred that no trucking happen on that road.
Paul (SNHPC) asked if the board had received the memo from them (YES), stating they were still in the process of reviewing the new traffic report submitted by the applicant.
Jed Callen said he supplemental comments to submit and summarize.
Atty. Cleary objected to any new material being submitted.
D. Craig asked Jed Callen for a quick summary. (See file for PWA material dated 04/15/05)
Bob Todd said the PWA Management plan, which has some good goals, has sat on the shelf since 2000 with not action.
J. Callen said they were not useless, they still are goals and should be considered.
D. Craig asked Atty. Cleary if wanted to respond.
H. Piper asked the applicant to define watershed.
Jim Gove of Gove Environmental responded, essentially a catchment area, NH has 60 major watershed, then sub water shed, which contribute to 286 watershed, and so on.
J. Callen did not disagree with J. Gove, all land that drains into the Merrimack @ Manchester is called the Piscataquog Watershed, which has three branches.
Joyce Sullivan, Rte 77, asked we take into consideration the noise and pollution and impact on where she lives.
Floyd Guyette, 62 Woodbury Road, lives right across from Twin Bridge Road, said when T.B. Rd is paved it will used a lot more.
D. Craig asked the applicant if they were aware that T.B Road was going to be paved. He then asked if it changed the traffic.
T. Golding of Pershaw, said they were aware of the paving, said traffic patterns might change, but the only way to know is after it will be done.
John McClain, 324 T.B. Road, concerned on the impact on young kids playing.
Tim White, 146 Lull Road, said after the road is paved there would be a dramatic change in the traffic and speed.
Natasha Benditas, 341 T.B. Road also concerned about traffic and doesn’t want the trucks.
Richard Widner, 66 Woodbury Road, asked when the last traffic report was done, suggesting that it would be different in the winter than in the summer. Also paving will change it, it will become a short cut.
Rick (?) 355 T. B. Road said his house is situated where the trucks will be in his dooryard. The noise will be loud. He disputes the traffic survey. After 30 years of living on a dirt road he was happy to hear it would be paved, but not about the trucks. He is concerned about the intersection of T.B. Road and Rte 77.
Joe Fiala, Weare Selectman, if truck as planning to use Rte 77, he wants to bring attention to the intersection of Rte 149, and suggest a study be done on that intersection.
Marcel Laflamme, 126 lull Road, commutes to work on T.B.Road, said this would change the character of the neighborhood, there are new houses, this is a residential area.
Joshua Young, 4 Lull Rd, wants it on record he is opposed to the gravel pit.
Paula Stockinger, 56 Woodbury Road asked the board to consider the cumulative impact this would have. Suggested we need to examine the overall impact. She then discussed concerns she had regarding the proposed subdivision, runoff from the road.
D. Craig informed her we are constrained to vote on what is before us.
D. Craig asked if this section of the river had been looked at.
Jim Gove said it was not, they will put in monitoring wells up and down the river.
Bob Todd asked J. Gove if he would be responsible for the monitoring wells. No was the answer.
Bob Todd asked, if we made it part of a condition, how often would they be looked at. Jim Gove suggested 4 times a year.
William Brendle, 167 Parker Road, said this would adversely effect the area.
Atty Quarles asked to speak.
Atty. Cleary objected.
D. Craig did not allow Atty. Quarles to speak.
D. Craig question the tree cover, saying it looked awful thin. Atty. Cleary said the plans are accurate.
Tris said there is no restriction saying you have to be 75’ from river for cutting timber.
D. Craig asked if there was cutting closer than 75’ from the river. Yes, in front of the white house was the answer.
Atty. Cleary clarified; the 75’ is for gravel pit and not cutting.
H. piper asked if the cut was made against state law.
Tris, said the state came out and found no violations.
Jim Magee PWA local advisor board, said the State Forest ranger said there was no cutting violation, but Tris Gordon is incorrect, there is a cutting regulation.
Atty. Cleary said the applicant keeps trying to adapt to the comments of others. The ordinance allows a gravel operation under a Special Exception in a R/A district. There are 29 gravel pits up and down the river. Excavations can operate and not pollute the rivers. We have tried to address all the issues. The test is will the use have an adverse effect on the area. There is a 700’ buffer around, we have done a traffic report, we have an expert say the river won’t be effected, we will comply with all that has been asked for. We can’t make all the abutters happy.
Bob Todd asked the project engineer or surveyor for an access way as far west as possible.
D. C. interrupted saying that Dave Craig, Harry Piper, Greg Mattison, Phil Consolin and Bob Todd would be voting this hearing.
Ray Critch showed Bob another access.
Bob asked if the access could be through the northwest corner of the property.
R. Critch said yes with one small wetland crossing.
Harry Piper moved to close the hearing to the public, 2nd by Greg Mattison.
Short break.
Board back in session at 9PM
D. Craig asked if anyone was ready to make a motion.
B.Todd moved that the board grant the Special Exception as allowed in the section 304.4 zoning ordinance.
See file for motion.
See file for modifying
See file for plan as drawn by B. Todd
See file for supporting argument.
The following is the discussion regarding the motion.
What is reforestation? Under a forester supervision the planting of 14 – 18” seedlings, planted on the area that was clear cut, with a guaranteed survival of 2 years, these seedlings should be in the ground before planning board approval.
B.Todd if this motion gets defeated the applicant could proceed with alternative subdivision plan that would affect the same area as the gravel pit would. A site specific from state of NH, scrapper in 2 days could bring down the grade to be in compliance with no material leaving the site. There could be 16 maybe 20 lots. The planning board will be faced with the same kind of testimony and they do not have the tools to protect the river.
H. Piper wanted the no dig zone clearly spelled out now, so it won’t ever be touched. He stated that the applicant looked for the worse P.R. move, the clear cut, he has no respect for land.
D.Craig asked what the cost of reforestation, B.Todd guessed about $10,000.
Discussion then followed about the master plan, and if the planning board could have the power to limit the subdivision near the river. D. Craig felt they did, B. Todd felt they didn’t.
H. Piper thought the motion was powerful and well thought out.
D. Craig asked if the board would add any other conditions.
B. Todd asked if we get challenged would a judge consider throwing out all or pick and choose.
H. piper said he had seen it go either way.
Some of the other modifier the board considered adding to the motion were;
1. A conservation easement on the area that was shown as a no dig area on the plan B. Todd submitted.
2. Limit the area of access.
3. Limit volume of removal with yearly reporting and checking.
4. Limiting hours of operation 8AM -4:30PM Monday through Friday, no weekends, no holidays.
D. Craig said he didn’t want to be stick in the mud, but wanted to go on record again. This gravel pit is not good for the area, even with these conditions, we are not sure, and if it had been left undisturbed, he might feel different.
B. Todd said he had spent a lot of time on this property and had made notes, there is not a house with in 700’ – he stood on top of the highest point and there were 4 dwellings in sight , 1 mile and 1 ½ mile away, the testimony from the applicant and those opposing are contradictory. The sound coming from this gravel pit will be less than other pits because of it is heavily wooded and it is not an aquifer. The wildlife has already been reduced and can only be helped by my plan. The master plan does not have the regulations to limit the subdivision from the river.
The board then discussed how to handle this and decided that town council should be contacted for advice.
B. Todd tabled his motion until town council could advise and continued the hearing until May 17th at 7PM at the school. 2nd by Greg, passed.
Respectfully submitted
Laura Todd
04/22/05
approved 05/19/05
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