TOWN OF BRADFORD
ZONING BOARD OF ADJUSTMENT MINUTES
MARCH 21, 2018
BRADFORD COMMUNITY CENTER
Roll Call:
Members: Brooks McCandlish, Chair; Nathanial Bruss; Bill Duffy; Denise Renk
Alternates: Bob Hodges, Ken Parys
Stephen Pierce was absent; Ken Parys seated as alternate
Minutes of February 14, 2018 and March 7, 2018 were accepted with no change
Brooks noted the Board will need to elect a new Chair and Vice-Chair position; motion made to defer that decision to the next Zoning Board meeting was accepted
7:05PM Continuation of Public Hearing: Halsted appeal of Planning Board decision to classify Croto ammunition manufacturing business as a “Home Business”
Brooks recused himself as he is an abutter and appointed Bill Duffy to lead the hearing.
Bill Duffy seated Bob Hodges to fill the 5 member board
Denise open the meeting, questioning why they were hearing the Appeal as a Home Business did not need to go before the Planning Board, therefore did not need to be approved and if approval was not needed there would be no appeal to review. It was clarified that the decision put forth was to determine if the Appeal is valid and would be considered.
Bill instructed the public attendees in the structure of the meeting. First to be heard would be the applicant requesting the Appeal, then supporters followed by opponents of the request and supporters followed by a rebuttal by both sides.
Amy Manzelli, Esq. stated that this was not an Appeal about making ammo at home for home use but about this being a commercial business. The Appeal is not about guns or ammo. Not about whether Mr. Croto can manufacture at home, but whether this is a Home Business. Amy noted a lack of information available on the Home Business Compliance Form. Amy noted a lack of conditions placed on Mr. Croto’s business; no plans that identify where on the premise activity would take place, no information about noise that may be generated by the business, no information about delivery’s, nothing that limits ammunition testing, nothing about hours of operation, nothing about nuisance dust, safety, environmental hazards or waste management. She stated there was a lack of input from other departments, a lack of clarity on whether other buildings would be necessary. There was also a lack of regional impact assessment by the Planning Board and requested that this business proceed with a Special Exception and Site Plan review via the Zoning Board processes.
Michelle Halstead spoke about concerns with noise, environmental impact and expansion as well as a circumvention of Planning & Zoning laws. She requested that Board protect the peace and tranquility of Bradford.
Fran Chelland expressed concern that there was not enough information given the nature of a ammo manufacturing business and felt that a Special Exception Permit was warranted as hazardous material was a concern.
Ken Parys asked how the manufacturing of ammo is dangerous as Federal Regulations state that ammunition and components are not classified as an explosive. Respondents declared there is not enough information for them to know that.
Beth Downs voiced concern with any contaminates that may affect wells as there is no other option for water to be provided to the neighborhood.
Eric Croto addressed the Board stating that he was licensed by the Bureau of Alcohol Tobacco and Firearms on November 17th, 2017 and began ammunition manufacturing and sales in January of 2018. He stated he felt the Zoning Board was liable to support the Planning Boards decision.
He further stated that the noise concern from shooting and explosives were not a result of his Home Business and that there were many sportsmen in the area that shoot on a regular basis. He also state that his property has 2 grandfathered gun ranges and there was personal use of those facilities although testing of his ammunition manufacturing business is done by an independent lab that provides certification. The Board asked that he provide some more specifics around the scope of his Home Business.
Mr. Croto outlined having a 2’x2’ press that he uses for manufacturing and that he has had an inspection done by ATF. He also spoke with the Fire Marshal and the Bomb Squad about his activity. To date, shipments have been transported by his wife to Concord for mailing. Future estimated traffic, which resulted from his business, would be 1-2 deliveries per week.
From an expansion perspective, this is a 20 year hobby that has turned into a Home Business and he is limited in how much income he intends to produce from the business and expansion would require a larger facility which his home would not support. He does have a partner in this business which is his son, currently away at college.
From a waste perspective, he outlined the process of recycling ammo that did not pass his quality control and stated he had less than a 5 gallon bucket of waste directly from ammo and that the majority of his waste comes from plastic bags and boxes which are disposed of at the local dump.
Bill Duffy asked about the inspection process and what safety checks had been done. Mr. Croto stated that the ATF has the right to inspect at anytime and had done an initial assessment as well as another inspection. Mr. Croto had also met with a State Police representative from the Bomb Squad to determine if there would be any value in purchasing a special vented locker to store powder in and had been told no. The type of power kept onsite is smokeless powder; generally around 8 lbs. onsite at any given time and that this is smokeless powder which burns but does not explode. Mr. Croto does not have a license to have black powder onsite. Bill also asked about whether there were any issues in transporting the ammo or receiving delivery’s, noting that Mr. Croto has a ROW on an abutter’s driveway and Mr. Croto stated there were no concerns.
Bob Hebert noted that Certified Ammunition Reloading was becoming more and more commonly done in the home. He also noted that, as outlined in an Oct. 13, 2013 document from the Town that the Home Business Compliance form is an optional document and the Planning and Zoning Boards job was to follow existing rules and regulations and since Mr. Croto was compliant with existing Zoning for a Home Business there was no cause to hear the appeal.
Fran Chelland spoke again to add that her desire is not to shut down Mr. Croto’s business but to insure that Town Zoning ordinance were being adhered to and that the Board determine if a Special exception would be warranted due to the nature of the business.
Ken Parys commented that a Type 6 Federal Firearms License , which Mr. Croto has, allows for the manufacturing of ammunition in a home as long as it meets a number of requirements, including compliance with local ordinances.
Amy Manzelli, Esq. noted that the Town has jurisdiction over Land Planning and Zoning regulations but that it is also clear they do not have jurisdiction over ATF responsibilities. Planning and Zoning do have jurisdiction over whether this is a Home Business or Commercial entity. She noted that the lack of documentation and ability to test compliance leads to the need for a Special Exception review by the Zoning Board.
Mr. Croto noted that RSA 159.6 allows for sportsmen to conduct target practice and that the noise concerns raised during the meeting were not a result of his Home Business.
Brooks McCandlish commented that no conditions could be placed on a Home Business beyond meeting the Zoning Regulations as there was no provision to add additional conditions as stated in Article 3 Section O of the Town Zoning Ordinance.
Walter Royal stated there was no requirement to receive approval for a Home Business if it met the Zoning ordinance.
Bob Hebert asked if the Town normally restricted traffic for a Home Business. Denise Renk commented no and Nathaniel added that if a business were approved under Special Exception a condition could be implemented.
Denise motioned to close the Public Hearing at 8:40 PM, Nathaniel seconded the motion and the Public Hearing was closed.
Bill requested the Board to consider whether the Planning Board had not met their requirements and had made an error in approving Mr. Croto’s Home Business. The Board debated whether Mr. Croto met the Zoning Requirements for a Home Business and the merits of the Home Business Compliance form as well as the ability to enforce compliance with any verbal or documented use outlined in determining Home Business Compliance with Zoning Ordinances. The Board also suggested that a review of the Zoning Ordinance be conducted to determine if any change in requirements should be made in the future.
Ken briefly described the functions of the ammunition manufacturing process and requested the Board consider the manufacturing process as separate issue from the noise concerns raised. Nathaniel pointed to item 7 in the Home Business Ordinance relating to noise as an area of concern which raised debate on how such an item would be enforceable to separate nuisance noise from the Home Business versus personal use.
The Board discussed getting legal review as to whether the verbal and written statements outlining compliance as a Home Business could be enforceable in the future and what documentation requirements should be implemented related to future Home Business Compliance. Amy requested that the Board send the appeal to the Town legal representative. Denise motioned that Bill Duffy consult legal advice and that a decision as to whether the Appeal would be heard be deferred to the next Zoning Board meeting on April 4, 2018. Bob seconded the motion and the meeting was closed at 9:30 PM.
The next Zoning Board meeting will be held at the Bradford Community Center on April 4th, 2018 at 7:00 PM.