NOTTINGHAM ZONING BOARD OF ADJUSTMENT
June 1, 2010
PUBLIC SESSION
Approved & Amended
PRESENT: ABSENT:
Mike Russo; Chair Kevin Bassett, Alternate
John Morin; Vice Chair
Romeo Danais
Peter Landry
James Morin
PRESENT (not seated)
James Crowell, Alternate
Bonnie Winona, Alternate (not seated)
OTHERS PRESENT:
Ms. Lisa Sears; Land Use Clerk, Greg Stratis, Brenda Stratis, Bob Harmon Sr., Jesse Melkonian, Diane (Smith) Melkonian, Tom Hiffman
Chair Mike Russo called the meeting to order at 7:05 PM, explained the nights proceedings and with agreement from the Board members proceeded to open the public hearing for the case:
Case 10-02-SE Application from Concrete Products of Londonderry for a Special Exception to Article III Section D, to allow a Commercial Soil Stripping Permit in a residential zone. The lot in question is located at Smoke Street, identified as Tax Map 11 Lot 3, and is owned by Concrete Products of Londonderry, Inc.
Mr. Stratis explained that in the past this has been a gravel pit but the permit had expired and the materials that they take out of the pit they use for their concrete business, mostly at the Nottingham Manufacturing location on Rte 4. He noted that they have not taken out any materials in the last 5 years; this location was used as a back up or safety net for when they needed materials. He introduced his wife, Brenda, noting she was the owner and adding that the business was family owned. He passed out recent photos of the site noting that not a lot has changed at the site. He noted his intention was not to go full speed but this was more of a reserve.
Mr. Landry asked about what percent of the excavation was completed so far. Mr. Stratis explained that they are about two percent complete of phase one of the reclamation plan. Mr. Stratis also noted that the whole site was estimated as having a total of 100,000 yards material at the site and he has taken less than 8,000 in the last 10-12 years.
Mr. Stratis also noted that they had put up the berm and fencing about 10 years ago and he did.
Mr. Landry noted a previous condition that required an engineer’s report. It was noted that there was no engineer’s report in the file, and Mr. Stratis noted that he doesn’t believe it was ever done. Mr. Stratis noted he does file every year what he has taken out of the pit, as required by law.
Mr. Landry asked detail question of the day to day operations of the pit. Mr. Stratis explained that it was most likely one person with a back hoe and dump truck and that it was a haul away operation not a processing operation. They discussed in detail the number of hours needed to operate and the time it takes for a round trip. Mr. Stratis agreed he didn’t need all of the 54 hours requested.
Mr. Landry asked if there was a projected finish date for the operation. Mr. Stratis stated that he didn’t believe it would ever be finished. Mr. Stratis explained that this was his reserve materials. Mr. Landry expressed concern for the abutters that this operation would go on for ever. Mr. Stratis agreed that the permit could be for 5 years and the Board could review again then. Mrs. Sears noted that she believes that by law the permit expires in 5 years but wasn’t sure. Mr. Stratis again noted that they were not in the business of operating a gravel pit but they manufacture concrete products.
The Board questioned Mr. Stratis on the annual Bond for $15,000, the reclamation of the old pit and how it should be reclaimed. Mr. Stratis believes that old pit is part of phase one and will be reclaimed when phase one is complete. The Board agreed to change the wording to make that condition more clear.
Mr. Landry discussed a new federal law that says they can’t have more than one acre at a time opened up. The Board again added wording to the old conditions to allow for this change (condition #12).
Diane (Smith) & Jesse Melkonian, abutters spoke to the Board stating they were not in favor of approving this Special Exception. Their reasons were increased noise, increased traffic, increased dust, road and bridge conditions and diminishing of their property value. They also had issue with the amount of hours of operation. Ms. Smith also questioned if a gravel pit was keeping with the rural character of the neighborhood. They also questioned the effect on the river but it was noted that some of these conditions would come under Planning Board’s Site Plan review or State jurisdiction.
Mr. Danais asked when the Melkonian home/property was purchased and its size the relation of the home to the river. It was purchased 10 years ago, the lot is about 6 acres. They also expressed concern for the varied amount of wildlife in the area. Ms. Melkonian also expressed concern for the property value noting she could possibly be assessed lower value/taxes if there was a working pit next door. Mr. Landry asked for some kind of proof of that but they noted they didn’t have enough time to get that.
Discussion was on the conditions of her property when last the pit was operating. The discussion then moved to day to day operation and the maximum amount of work and noise that would be generated (10 one way trips per day) and the types of equipment Mr. Stratis uses.
Mr. Hoffman expressed his concern for any increased traffic and dust created by the operation. The Board determined that the traffic would not pass by his end of Smoke St and the amount of dust would probably not even leave the pit. The dust was more course than fine and the trucks are required to have covers before leaving site. He was also told that these type of issues would again come up at the Planning Board’s Site Plan Review.
Chair Russo read the two abutters’ comments (Kevin Norr and Virginia & John Nealon) sent via email noting they were not in favor of approving this Special Exception. Their concerns were for noise and traffic and possible accidents, dirt and dust, hours of operation and the extent of the operation, amount of trees removed, excess runoff into the river. Mr. Norr requested that his property and the applicant’s property be surveyed and clearly marked as well as the pit being clearly posted as private property. Mr. Norr was concerned with target shooting and ATV use on Mr. Stratis’ property in the past.
Mr. Russo stated that he had seen shell casings at the site but no marks from use of ATV’s. Mr. Stratis noted he has not given anyone permission to shoot or hunt on his property. He noted there use to be signs posted and that he will replace them.
Mr. Landry asked Mr. Stratis if he could live with less than 54 hours of operation per week. Mr. Stratis agreed to no weekends and to stop all activity at 4pm instead of 5pm.
Point of Order: At this point there were two conversations going on at once and Mrs. Sears was unable to hear both conversations.
Mr. John Morin noted he did not have a problem with this Special Exception and noted that if the applicant did abandon the operation then the Town has the bond in place to cover any reclamation costs.
Chair Russo read the applicants answers to the criteria on the application.
Mr. Morin’s started a motion but Mr. Landry discussed #9 condition (requirement of an engineer’s report). The Board was unclear on the timing of this requirement but did not make any changes in the end.
MOTION by Mr. John Morin to approve the Special Exception for: Case 10-02-SE Application from Concrete Products of Londonderry for a Special Exception to Article III Section D, to allow a Commercial Soil Stripping Permit in a residential zone. The lot in question is located at Smoke Street, identified as Tax Map 11 Lot 3, and is owned by Concrete Products of Londonderry, Inc. with the following amended conditions to the previous conditions: #3-Hours of Operation to be Weekdays 7:00 am- 4pm and no activity on Weekends, #12 add to the end: and any applicable federal regulations, #13 add to the end: as phase one is reclaimed.
SECOND by Mr. Danais
VOTE 5-Aye. 0- Opposed – 0-Abstained MOTION PASSED
It was noted that there is a 30 day appeal process. Mrs. Sears noted that the applicant now needs to begin the Planning Board Site Review process.
Nomination of Alternates
Mrs. Sears noted that the terms for Alternates Jim Crowell and Kevin Bassett are expiring in the coming months.
MOTION by Mr. Danais to nominate for a renewed 3 year term as Alternates: Jim Crowell and Kevin Bassett.
SECOND by Mr. Russo
VOTE 5- Aye. 0- Opposed –0-Abstained MOTION PASSED
Approval of Minutes
April 27, 2009
Line 27 correct spelling of Wallace
Line 29 that to the
MOTION by Mr. Danais to approve the minutes of December 1, 2009 as written
SECOND by Mr. Russo
VOTE 5- Aye. 0- Opposed –0-Abstained MOTION PASSED
MOTION by Mr. John Morin to adjourn the meeting.
SECOND by Mr. Russo
VOTE 5- Aye. 0- Opposed – 0-Abstained MOTION PASSED
Respectfully Submitted,
Lisa L. Sears
Land Use Clerk
These minutes are subject to approval at a regularly scheduled Zoning Board of Adjustment meeting at which time the above minutes are corrected or accepted.
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