Zoning Board of Adjustment
Meeting Minutes
February 20, 2003
Members present: Edwin Mattson, Gerald Neiman and Jane Roberts
Members absent: Michael A. Methe; Chairman, Daniel Baker; Clerk, Kerry Gagne and Coni Porter
Gerald Neiman agreed to chair the meeting this evening. At 7:42 p.m. Mr. Neiman opened the meeting.
Public Hearing
7:35 p.m. Case #03-02: John Holman Contracting requests a Special Exception from Article III: Section 127-8 (C) to allow a minor excavation on property known as Tax Map 8; Lot 2. This property is located on the Westerly side of Rt. 12 South and is in the Rural District. - John Holman and Paul Grasewicz were present this evening.
Acting Chairman Neiman explained to the applicant that there are three members of the Board present this evening and this does constitute a quorum; however, if he wished to proceed this evening, a unanimous decision would be required. Mr. Neiman explained to the applicant that he has a right to request that this hearing be continued and heard before a full Board. Mr. Neiman further explained that if the applicant chooses to proceed this evening with a three member Board and the application is denied, this is not grounds for an appeal. Mr. Holman stated that he understood and wished to proceed this evening. Mr. Grasewicz stated that this is pretty straightforward.
Acting Chairman Neiman opened the Public Hearing at 7:44 p.m. and read the case title aloud. Mr. Neiman stated that notice had been provided to all abutters as well as the public, and noted that this is to be part of the record. Mr. Neiman asked the applicant to explain his application before the Board.
Mr. Holman told the Board that he has purchased a piece of property on Rt. 12 which is just before Jason Hills’ property where he is doing stump grinding. Mr. Holman noted that he does a lot of work where he could utilize Mr. Hill’s services. Mr. Holman said that one of the biggest attractions with this piece of property is the location and the year round access to Rt. 12. He would use this site to fill in when he cannot access his primary pit. The road to his primary pit (Tommila’s pit) is shut down for 2 to 3 months per year. Mr. Holman said that this piece of property is out in the woods, it is in a good location and it would not disturb anyone.
Paul Grasewicz from GRAZ Engineering introduced himself to the Board and explained that he has prepared a minor excavation site plan knowing that they need a Special Exception, and also a site plan review from the Planning Board. Mr. Grasewicz pointed out on the plans where the activity would take place relative to Rt. 12 and the property itself. The applicant is looking to excavate an area about two acres in size, which is located more than a half a mile in from Rt. 12. The area is mostly woods and there aren’t any residences in the area. Mr. Grasewicz noted that this lot, as well as the lot next to it; the Hayes property, are landlocked. Mrs. Roberts asked if they get into this property via the access road. Mr. Grasewicz said yes, and pointed out this existing road on the plan, and told the Board
that Mr. Holman has made some improvements to this road, and he has taken some land out of current use. Mr. Grasewicz pointed out an area on the plan that has been cleared and explained that it had been logged before Mr. Holman purchased it. Mr. Grasewicz said that there would be no detrimental effect to the neighborhood because you really can’t get any further into the woods anywhere in town. He added that this is a great spot for this type of activity, and it’s not a deep sand gravel deposit, it is basically relatively thin, and they are proposing to take out anywhere from 3’ to 6’of earth in a particular area. It is not a classic sand and gravel bank. There are notes on the plans regarding the reclamation plan which is pursuant to RSA 155: E, and Mr. Grasewicz noted that no more than 10,000 cubic yards are allowed to be taken off of the property per year, which keeps this in the minor excavation category. Mr. Holman feels that this will be a winter time
operation and said that all of the appropriate paperwork and records will be in place for tax purposes, etc.
Mr. Neiman clarified the definitions of a major and minor site and asked if it is their understanding that the amounts are per year or per site. Mr. Grasewicz said that it is per year. Mr. Holman said that he doesn’t anticipate taking out more than five and noted that he has a big pit in Richmond, and he doesn’t take more than seven out of that one. Mr. Holman said again that his primary place is Tommila’s. Mr. Grasewicz added that there would not be any traffic going through residential areas or by households for that matter.
Mr. Neiman asked how much gravel they anticipate is in this site. Mr. Grasewicz said that the range shows it to be a little over 10,000 cubic yards and it may take several years to complete this particular area. Mr. Neiman clarified that this is their expectation at 3’ to 6’. Mr. Neiman asked what was below 3’ to 6’, to which Mr. Grasewicz told him ground water. Mr. Grasewicz explained that they did get test pits down to 8’, and they found evidence of ground water in a shallower area, so they will take less in this area and leave a 2’ buffer. Mr. Neiman noted that the plan shows a section for future excavation sites to which Mr. Grasewicz explained that they would have to physically get a detailed topo of the land and modify the plans. Mr. Holman would have to take
additional acreage out of current use to work on, etc.
Mr. Neiman reviewed the application and noted that the plans show a proposal to excavate approximately 2 acres of an approximate 104 acre lot and the area of excavation is pretty much in the middle of the lot, sited to the East a little bit. Mr. Neiman noted that there is an access road to the lot and asked if this was a named road. Mr. Grasewicz said that he does not believe that it is, as he has researched this and even the State records only reference Rt. 12. Mr. Neiman clarified the exact location of this property which is South of Number 4 Road; directly across the street from Bottoms Up. Mr. Neiman then asked about the road used to access the property and if there was a deeded right of way. Mr. Grasewicz said that Mr. Holman has deeded access; rights across it. Mr. Neiman asked if that included
trucking to which Mr. Holman stated it does. Mr. Holman told the Board that he has spoken with Mr. Hayes about this and he has a letter from Mr. Hayes also stating that it is fine. Mr. Holman added that Mr. Hayes land is also landlocked and unimproved, and Mr. Hayes is happy that he is getting a better road in there. Mr. Grasewicz added that they stayed a couple hundred feet away from the nearest property line, and stated that this is simply an excellent site for doing this.
Mr. Neiman showed Mr. Holman and Mr. Grasewicz the Construction Materials Resources Map in the Town’s Master Plan which shows gravel pits and related soil types. They looked for the general area of this property on this map. It was noted that the map shows construction areas near Sip Pond, and Mr. Neiman added that the map identifies some areas of gravel in this vicinity also. Mr. Grasewicz said that they digitized a soil map, and they came up with 57B on the map. Mr. Neiman asked what that tells them and Mr. Grasewicz explained that 57B according to definition is not a great soil; it is a Group C soil with a fair amount of silt, whereas Group A soils are typically sands and gravels. Mr. Grasewicz noted that this is why they dig test holes. Mr. Holman added that the nicest thing about this is for
people that do not like truck traffic, this would not bother them.
Mr. Neiman noted that the plan makes reference to reclamation in that it states “Completed slopes shall be prepared with approximately 4 inches of topsoil and slope seed type 44 per NHDOT standard specifications. The completed excavation area shall meet the minimum standards of RSA 155-E:5 and 155-E:5a” and questioned what exactly that meant. Mr. Holman explained that where he stops digging there will be an approximate 6’ slope which will be cleaned up and seeded. All of the sloped areas will be finished off like this. Mr. Holman also plans to have an area cleaned up for a work area. Mr. Grasewicz noted that they are not allowed to have more than 5 acres open at a time per the excavation regulations. Mr. Mattson asked if this was required by the State to which Mr. Grasewicz said that
this is a Town regulation, however the State also has regulations with regards to reclamation.
Mr. Neiman asked if there was anyone from the public present that would like to testify in favor of or against this application. There was no one present that spoke. At 8:03 p.m. Mr. Neiman closed the public hearing.
Mr. Neiman asked the Board members if they were prepared to act on the application this evening. The Board members unanimously agreed that they were.
Mr. Neiman explained to the applicant that this being an application for a Special Exception, it has to meet five mandatory findings as outlined in Section 127-41 of the Land Use Code. The Board reviewed the mandatory findings for the proposed use as follows:
1.) Is in harmony with the purpose and intent of this chapter –
Mr. Neiman said that he understands that the purpose of our zoning regulations is to promote and conserve the health and welfare of the inhabitants of the town and to secure safety from fire, etc., as well as to facilitate the adequate provision of transportation and to conserve the value of land and buildings. Mr. Mattson added “to encourage the most appropriate use of the land” and noted that provisions have been made with regards to the amount to be removed to keep this as a minor excavation. Mr. Neiman said that removing less than 10,000 cubic yards per year would keep this as a minor excavation, and the proposal appears to be for a minor excavation of gravel. Mr. Neiman added that the proposed activity would take place on a piece of landlocked land which is not likely to be house lots, nor is it in a
neighborhood, and it appears to be in harmony. The Board voted unanimously that the proposed use is in harmony with the purpose and intent of this chapter.
2.) Will not be detrimental or injurious to the neighborhood in which it is to take place -
Mr. Neiman noted that they have testimony that this activity would take place at least a half mile in from Rt. 12, that the property is landlocked and recently logged, and that a neighboring piece of property does stump grinding on their land. Mr. Neiman stated that this seems to be an appropriate use for the land and for the area that it is located in. Mr. Neiman added that notices had been provided and published in the newspaper and no one chose to appear and object. The Board voted unanimously that this use would not be detrimental or injurious to the neighborhood.
3.) Is appropriate for the site in question -
Mr. Neiman said that it looks as though this has been appropriately researched, test pits have been dug and soil testing has determined that this is one of very few sites in town with gravel. Mr. Neiman added that this property is in the Rural District with access to Rt. 12, and it seems appropriate for the site. The Board voted unanimously that this application is appropriate for the site.
4.) Complies with all applicable requirements of this chapter –
Mr. Neiman noted that among the requirements is to seek a Special Exception as the Land Use Code allows for excavation with minor amounts of gravel with a Special Exception in the rural areas of town. Mr. Neiman added that dimensional requirements would be taken up by the Planning Board and perhaps the State regulators. The Board voted unanimously that this application is in keeping with the applicable requirements of this chapter.
5.) With respect to dimensional requirements establishes that there exist special conditions that make the meeting of these requirements unduly burdensome –
Mr. Neiman noted that while there are dimensional requirements, the applicant is not seeking the Special Exception from dimensional requirements but rather for use of the land. Mr. Neiman added that nonetheless, what this application precedes, if approved, the applicant would have to comply with certain dimensional requirements by statute as well as the Town regulations. Mr. Neiman stated that he does not feel this item is applicable for this application. The Board voted unanimously that this item is not applicable to this application.
Edwin Mattson made a motion to grant a Special Exception to John Holman Contracting for allowing a minor excavation to take place on property located within the Rural District. Jane Roberts seconded the motion. A unanimous vote in favor of the motion was taken.
Mr. Neiman told Mr. Holman that the application succeeds on a 3-0 vote and he may proceed. Mr. Holman and Mr. Grasewicz thanked the Board.
Administrative Work
*** Review and approve February 10, 2003 meeting minutes – Edwin Mattson made a motion to accept the minutes as written. Jane Roberts seconded. A unanimous vote in favor of the motion was taken.
Board Business
*** Elect a Vice-Chairman - Postponed
*** Review agenda and decide on attendance for the Office of State Planning’s 10th Annual Spring Planning Conference to be held on Saturday, April 12, 2003
Correspondence
*** Notices of Decision issued by the Planning Board (Oct. – Jan.)
*** Review letter from Gardner, Fulton & Waugh P.L.L.C. re: staff announcements
*** OSP’s State Planning Newsletter (Dec./Jan.)
At 8:15 p.m. Jane Roberts moved to adjourn. Edwin Mattson seconded and the motion passed unanimously.
Respectfully submitted,
Margo M. Best
Administrative Assistant
Land Use
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