August 20
Members present: Dan Coolidge, Chair; Jeff Newcomb; Charlie McCrave; Julia Rector; and Katherine Stearns, alternate appointed to Jim Delaney’s position.
Also present for duration of appropriate item: Lenny Caron; Alex Bernhard; Myra Mayman; Mike and Lynn Browall
Adoption of ZBA Rules, Schedule of Fees, Discussion of Web Site
Coolidge previously distributed revised Applicant Instructions and Procedure for Handling Application and Fees and asked board members if there might be any discussion on them. There being no discussion, the board will adopt them at the September 2013 meeting.
On motion made and seconded, the rules of the Zoning Board of Adjustment previously made available to the board members were adopted and will be posted on the Web site.
Upon motion duly made and seconded, Katherine Stearns was elected Vice Chair.
The proposed schedule of fees will be put before the board at a public hearing as required by statute at the regular September meeting of the board.
The proposed forms for applications and the instructions to applicants and the form for the Town Office staff to follow when receiving an application previously made available to the board were discussed. Mr. Newcomb requested that each form include the tax map number of the lot(s) in question.
Mr. Coolidge said he had discussed with the Town Administrator and Tatjana Donovan having the applicants prepare the list of abutters. He said that if the Town did this and there were an error, the Town could be held liable if the applicant were subsequently damaged due to the Town’s error. Coolidge said he would include directions on how to use the tax map and computer in the instructions to applicants.
There being no objection, Coolidge will amend the forms accordingly and make them available at Town Hall and on the ZBA Web site.
Public Hearing: A request from Lenny Caron requesting a modification or removal of the conditions imposed by the December 16, 2003 approval for a Special Exception to operate a sand and gravel pit on his property located along Bridge Road
Coolidge explained about changes to the state statute governing powers of ZBAs regarding Variance and Special Exceptions now having a two-year limit; therefore, this application should be a new request for a Special Exception to operate a sand and gravel pit rather than amending the previous approval. Rules of procedure were explained to the applicant.
A letter from the State DOT denying Mr. Caron’s request to use the state-owned right of way and bridge, and a letter from Friends of the Northern Rail Trail to the DOT objecting to use by Mr. Caron of the rail trail for his gravel trucks was earlier received from the Selectman and put into the file and posted on the Web site.
After receiving his ZBA approval in 2003, he did not follow through with the Planning Board due to his request to cross State property being denied. Concerns of the board include:
Can he use the bridge on Bridge Road? The bridge is posted for six tons, so he may be able to; however, because it is an E2 bridge, Lenny feels the limit should be 50 tons.
A previous Special Exception to remove gravel commercially was granted? Yes; however, there were abutters concerned with the route the board prescribed and locked him into; therefore, this request to amend the conditions of his previous approval.
What route would you like to use to remove the gravel? Either out Bridge Road or via Depot Street; however, the DOT wants a perpendicular crossing.
Are these the only two options? He could go out Proctor’s access; however, it would be difficult.
Would this be a temporary or permanent situation? Permanent.
What zone is this in and how many acres are there? Forest / Agricultural, and there are 185 acres, but only two-acre cubes would be excavated at a time.
Coolidge asked if the State granted Mr. Caron use of the state-owned right of way and bridge, and the board were to remove the former access / egress requirements, would he agree to a condition that he exit his trucks along the easterly boundary of his property and then left and through Potter Place out to Route 11, not through the residential neighborhood to the right? He said he would agree.
What distance would you be driving on the rail trail and has it traditionally been used this way? The response was 150′ and yes.
Would this be a Special Exception for RSA:155E? Yes, then Lenny goes before the Planning Board.
Would there be any blasting? Lenny is unsure.
Mr. Bernhard, representing Friends of the Northern Rail Trail, said he did not object to a Special Exception for Mr. Caron to operate a gravel pit, but only objected to any use by Mr. Caron’s trucks on the state-owned right of way now used by the Rail Trail.
Stearns and Rector would like a site visit, and the meeting was continued to August 27 at 7 PM.