Town of Holderness
Zoning Board of Adjustment
Meeting Minutes
Holderness, NH
July 26, 2004
Members Present: Mr. Bass, Ms. DiCosola, Dr. Lyons, and Mr. Rothchild
Call to Order: Mr. Bass called the meeting to order at 7:00 PM
Public Hearing: Mr. Bass again explained the process for the continued
Case # 277-05 hearing.
Tax Map 222-23
Pemi Fish & Game
Club, Town of
Holderness Agent
Responding to a question from the previous meeting about grade
requirements for reclaimed land, Town Attorney Laura Spector
affirmed the Town will comply with whatever reclamation standards are within the Holderness Zoning Ordinance at the time of reclamation, or with the requirements of RSA 155-E.
Mr. Rothchild asked if the 15 percent slope reclamation requirement would be a “show stopper” for the project. Road Agent Peter Furmanick stated it would not, since there are much more excavatable materials than they plan to take from the area.
Ms. Spector submitted to the Board a memorandum discussing
not only the reclamation item, but also the amount of noise which will be created when processing of materials occurs for not more than 2 weeks every other year. While the crusher will create 90 decibels next to the source, at 3000 feet distance at the property line 30 decibels will be created. This is equivalent to whispering or humming.
The same memo discussed also road degradation.
Ms. Spector also submitted for the Board’s review a written statement from Highway Agent Peter Furmanick which discussed what occurred on a demonstration ride taken by Board member Robert Rothchild.
Mr. David Martin presented a picture of an Ambrose truck he stated was the same size as the Town trucks which would be hauling. These types of trucks were used as well as larger trucks.
He further stated the berms on the property actually magnify the sound of crushing to the neighbors.
Jacqulyn Jewell replied to a previous statement at a previous meeting made by Attorney Cooper concerning Alex Ray’s Intent to Cut. She said that Ray had agreed to discuss with the Conservation Commission about a conservation easement that goes along with the normal use of the area.
Ms. Jewell submitted a Study Document concerning how shooting ranges poison children, and stated gun ranges are one of the nation’s top lead polluters.
Also submitted by Ms. Jewell was a Summary of Meeting of Pemi Pit from Paul Weston to the Board of Selectmen dated February 9, 2004. and a memo drafted by Larry Spencer which highlighted a paragraph left out from a previous submittal.
Priscilla Farrell stated she believes the operation would cause property values to go down in the area. There is no doubt the homes are adversely affected by something like a gravel pit in the neighborhood.
Attorney Mark Puffer, attorney for the abutters, addressed the Board, specifically concerning whether Harry Decker, Board member, should continue to participate because he was absent from the previous hearing session. After comments on state law and the lack of direction from the courts on this question from Attorneys Bernard Waugh and Laura Spector, it was decided Mr. Decker would step down. This left four Board members remaining to hear the request.
Mr. Puffer summarized his clients’ concerns with the proposed project, citing concerns with noise, dust, and safety in terms of traffic and lead.
He reminded the Board the burden of proof is on the Town as applicant to show that this is an appropriate use of the land, and if there is any one of these things you are not sure about, Board members must decide against the applicant.
Due to the number of conditions which may be placed on this application, he suggested another area may be better suited for this use. This is commerce and industry, especially the rock crushing aspect of it.
Attorney Spector replied the Town has offered every possible compromise to alleviate the abutters concerns. Also, the town assessor’s agent said the operation will not affect property values and that other areas in town are not applicable to this situation. This is an allowed or permitted use in this area.
Because the Pemi Fish and Game Club attorney could not attend, President Fred Allen spoke to the Board. He stated the Club has a lead management program. Because the hearing was at the rebuttal stage, Chairman Bass asked that no new information be submitted by Mr. Allen at this time.
After a break was taken, Acting Chairman Bass stated the Board will now go into a deliberative session. Even if a preliminary decision is reached, it will not be final until further discussions are held with Board attorney, Attorney Waugh. Mr. Waugh will draft a final decision which will be acted upon by the Board.
The Board then went into preliminary deliberations, which ended input directly from the public in attendance. The Board then reviewed each of the seven criteria within the Zoning Ordinance required to approve a Special Exception.
An item discussed at length was the issue of lead. Mr. Bass stated we know there is lead on the range section, but we do not know if there is lead in the area to be excavated. He wants to see a study done.
Ms. Dicosola stated she was disappointed that we do not have test results at this time, and there was potential for both air and wetlands impact from the lead. She observed many lead bullets or casings where the trucks will be traveling.
Mr. Bass stated he would definitely not do it unless tests said it was absolutely clean.
Compatibility with the neighborhood was discussed at length. Mr. Rothchild expressed concern a large number of trucks could go through the neighborhood if an emergency such as a large washout occurred.
Mr. Bass stated he didn’t believe a large gravel operation was compatible, but he was unsure about a small operation as proposed here. Certainly a full blown commercially operated gravel pit was not compatible.
Dr. Lyons stated he does not think it is compatible at all.
Concerning the testimony heard, Mr. Bass stated they (the abutters) obviously think they have a severe issue here, with 100% of the abutters showing up to all of the hearing sessions.
Mr. Bass also stated he does not like the precedence of approving this application. If this is approved, we have to approve something similar anywhere in Town.
Concerning depreciation of property values, Mr. Rothchild stated the proposed operation would have no bearing on value – we have heard testimony on each side of this issue.
Mr. Bass discussed the issue that under State law a real estate broker must disclose all uses in the neighborhood such as a gravel pit.
Dr. Lyon stated nothing has been stated objectively, this value discussion has been discussed only subjectively.
Concerning hazards, Mr. Rothchild discussed his ride in the Town truck, and how a careful truck driver has a view good view if he is traveling at 25 mph because of the height of the truck cab, and time of operation should be limited to 9 to 4.
Ms. Dicosola stated she too liked a 9 to 4 time of operation, and asked could the Town widen the road out there.
Mr. Bass stated he has driven National Guard large trucks, and if two trucks meet a horse or a bicyclist or a pedestrian there would be inadequate room to pass – you have a problem.
Mr. Bass stated there should be a fence and a gate and a lock limiting access to the excavation area.
The Board members stated item 6 for special exceptions within the Zoning Ordinance, minimum land space requirements, was not a problem.
Concerning the capacity of existing roads to carry additional traffic, Mr. Bass reminded everyone a past proposal for a very large subdivision off Perch Pond was denied because the road network was inadequate. He further stated he wished we had a traffic count to determine if the roads could handle existing and future traffic.
Mr. Rothchild stated he could not make a good judgment for the amount of traffic on the design of the road. A traffic count has not been done and as an engineer he does not have enough facts and information to make a decision on this one.
Ms. Dicosola asked when do you cross the line and have too many conditions and you must then deny the application ultimately.
The Board discussed with Attorney Waugh the next step in the process. Mr. Waugh will be on vacation next week, but he and Mr. Bass will discuss formulating something in writing as a draft before the end of the week.
Upon motion, a second, and a 4 – 0 vote the hearing was continued to Tuesday, August 3 at 7 PM.
Respectfully submitted,
R. Paul Weston, Town Administrator
Acting Recording Secretary
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