TOWN OF BRADFORD
ZONING BOARD OF ADJUSTMENT
OCTOBER 5, 2011
7:00PM
Call To order and Roll Call:
Brooks McCandlish, Chair opened the meeting at 7:00pm with Nancy McEachren, Andrew Pinard, Dick Dionne and Marge Cilley, Secretary present. Bill Glennie is absent.
Review and Consideration of September 7, 2011 minutes:
Motion was made by Andrew Pinard to approve the minutes, seconded by Dick Dionne.
Mr. Ed Hauck advised on page 2 the 3rd paragraph needs clarification: The September 7, 2011 ZBA tape states: “I do not own this property, I am hired by the owner of the property, I have been given certain things and I do not hire some of the contractors for this which is unfortunate. I did not manage the logging operation, so I cannot comment on whether they went left or right. I do know that the way the driveway is placed and at the angle the driveway, it would be very hard for large trucks to make a left hand turn out of that driveway going towards the Town of Bradford as you mentioned. So I do empathize if they did go the wrong way because we did say to the Planning Board last year that trucking needs to be minimized going out to 114 only to the right going out of the pit and coming in off of 114 as the only (I’m going to guess) 250 yards of access.”
At tonight’s meeting, Mr. Hauck advised “I manage the logging operation.” “I did not manage the logging operation on a daily basis”
Motion made by Andrew Pinard to amend the motion to reflect the above. Amendment Seconded by Dick Dionne. Motion carried 4-0.
Motion made by Andrew Pinard to include: (Append the minutes with the clarification as stated by the representative, Mr. Hauck, at the October 5th,, 2011 meeting clarified that he did in fact manage the logging operation.) Motion seconded by Nancy McEachren. Motion for the appended carried 4-0.
Motion carried with amendments, and appended 4-0.
Continuation of the Public Hearing for Special Exception for Corsair Realty Gravel Pit, Managed by Harriet Hobbs: Map 7 Lot 29 on Pleasant Valley Road:
Andrew Pinard questioned if the Planning Board has denied an application associated with the Gravel Pit, does that have any bearing on this application from the ZBA for a Special Exception to which Brooks McCandlish, Chair advised no.
Brooks McCandlish, Chair opened the Public Hearing at this time. The Application was perused. Harriet Hobbs, Manager of Corsair Realty introduced herself as well as Mr. Ed. Hauck and advised she would try to answer any questions.
Brooks McCandlish, Chair advised he had received an e-mail and telephone conversation from Harriet Hobbs and she stated that the additional study was one that was prepared July 15, 2011 submitted to the Planning Board which is the Storm Water Pollution Prevention Plan. An electronic version was forwarded to the rest of the Planning Board, who reviewed it. Brooks McCandlish, Chair advised, there is a copy here if any of the abutters did not get a chance to review it.
Nikki Dubaere, an abutter stated she was wondering when our situation is going to be addressed with the drainage problem and the material going onto the wetland across the street. Ed Hauck advised so far there have been three separate days since the last Zoning meeting where there has been three pieces of equipment, individual days, by two different contractors, CJ Orick (name not clear) and Dan Merzzi (Sp?) that have gone up and started to do what I would consider, multiple drainage, by diversions and trying to slow the water that is coming naturally off a sloped piece of land. Ed Hauck also stated that they plan on doing an additional couple of days in the next three weeks from now.
Much more conversation took place.
Andrew Pinard suggested that when the Application for the Gravel Permit expires which it will or has, when the Applicant has to re-file the application, you would have to file an up-dated topographical plan with that.
Harriet Hobbs, Manager Corsair Realty Gravel Pit advised that she is shutting down access to everybody, posting the whole property there.
Nikki Dubaere advised her only concern is the initial drainage problems that were supposed to be addressed at the beginning of this whole entire thing over a year ago, the way that they were drawn and promised to be rectified, will be rectified, between the access road coming up to the pit and the culvert situation. Ms. Dubaere was advised this is out of the prevue of the Zoning Board of Adjustment.
Harriet Hobbs stated that she is not conducting a commercial business on this property.
The intent is to properly manage the property, address any drainage issue, make sure that there isn’t any debris coming down onto a public way.
Nikki Dubaere questioned if Ms. Hobbs will be running a dumpster business out of the area? Ms. Hobbs advised it is completely not a subject at hand tonight. It was stated by Brooks McCandlish if this Special Exception gets approved this evening, it would be just for the Gravel Pit.
At this time Brooks McCandlish, Chair closed the Public Hearing.
The Zoning Board of Adjustment members reviewed the Special Exception Application at this time with discussion, and the decision was to not vote on individual line items but as an aggregate. Three votes are required to pass this Application.
Motion was made by Andrew Pinard to approve the application for Special Exception for the use of the Gravel Pit on the property, with the condition it is being used for a Gravel Pit and not a retail operation on site. Seconded by Richard Dionne.
At this time, Brooks McCandlish, Chair questioned the property owner/Manager Harriet Hobbs if the above motion meets with her approval. Ms. Hobbs advised this is fine as she has no intention of running a retail operation open to the public.
Concerns listed by the Board: Work that is supposed to be done before actual gravel operations actually start.
1. Drainage and erosion
2. Storm Water Pollution Protection Plan-If the initial recommendations had been in
place prior to this falls rain, any erosion issues would be much reduced. Looking at
the construction activity, the first suggestion is to install perimeter erosion control,
which we do not know if this has been done or not.
3. To upgrade the access Road, install a permanent access strip service ditch. If there is
a ditch beside it, it is not adequate. Brooks indicated that when he was
there the day before the last meeting, it was not adequate as there was a considerable
ditch in the middle of the road. Water was running into the gravel
pit area from up slope following existing trails and roads from which had been used
in the recent logging operation, running down through the pit and picking up material
on its way.
4. Initial stages of construction will have a 60 day completion date suggested by Brooks
and was discussed at length. Another part of the plan would be a daily in-
section and a monitor would inspect every 7 to 14 days and 24 hours after any storm
event.
Motion was made by Nancy McEachren to amend the proposal on the floor to include provisions that the land owner will with in the next 60 days prepare the property for operation as stated in their submitted engineering plan. No second.
Motion was made by Nancy McEachren to amend the condition to the approval of the plan that the property owners will provide a certified statement from the SWPPP monitor that indicates that Best Management Practices control SWPPP are in effect within 60 days. Seconded by Andrew Pinard. Motion carried 4-0.
Motion was made by Andrew Pinard to amend the motion to state prior to December 7, 2011, rather than 60 days. Nancy McEachren seconded. Motion carried 4-0.
At this time the Applicant and Assistant were thanked for their patience.
Discussion regarding Reviewing the Rules of Procedure and Andrew Pinard agreed to look at it.
Meeting adjourned 8:50pm
Respectfully submitted
Marjorie R. Cilley
Secretary