Minutes—20 December 2006.
Present: M. Mansouri, J. Galloway-Leclerc, L. Carignan, B. Webb (alt), L.Weber.
NOTE: THE FOLLOWING MINUTES WILL BE REVIEWED ON 17 January 2007.
The meeting was called to order at 7:30 PM. Ms. Mansouri appointed Mr. Webb to serve as a voting member.
Old Business--Hodgkins Gravel Pits: Ms. Mansouri said that a letter had been sent to Mr. Russell Hodgkins expressing concerns regarding conditions at the Hodgkins pits, which were inspected by Mr. LaClair and Ms. Weber in October, and asking him to meet with the Board. Mr. Hodgkins explained that the original letter had arrived late and in a tattered condition. He looked at the first page, assumed from the content of that page that the whole letter dealt with the changes discussed at the October meeting, and which were to be addressed over the winter, and put the letter aside. He expressed his concern at the second letter, sent certified, and stated a phone call would have been more appropriate. He also expressed his concern that a precedent might be set with this proceeding, and that the Hodgkins operation was being singled out for more attention from the Board than other gravel pit operations. Ms. Mansouri explained that all the graveloperations had been visited twice this year. Most problems cited at other locations had been addressed; any ongoing issues are being pursued. Mr. Britton arrived at this point in the discussion.
Mr. Hodgkins then addressed the concerns set out in the Board’s letter, point by point, starting with the Drewsville Road pit. Item #1--At the south end of the pit, the letter cited an opening to the brook and runoff and erosion into the brook. Mr. Hodgkins explained that during the heavy rains, the brook boiled up over the old berm, causing the problem. A new berm is now in place. Item #2-- Southeast corner sand bank with slope exceeding 1:1 slope and no berm at the top. Mr. Hodgkins explained that the slope is a working face in constant use. There is no road up to the top of the slope, and the top of the slope is wooded, making placement of a berm difficult. Access to the top of the slope would be difficult for unauthorized persons as well. Warning signs have been placed at the top of the slope. Mr. Webb said that if it was a working bank, it seems unreasonable to ask for a berm until the work is finished. Ms. Weber stated that we as a Board need to clarify, for purposes of consistency, what we are going to require operators to do to comply with Section IX (E) of the Earth Excavation ordinance, which requires either a slope of less that 1:1 or a fence or other suitable barricade. Ms. Mansouri inquired if a snow fence could be used. Mr. Hodgkins responded that the face is worked weekly. In answer to questions by Mr. Webb, he said that they have never seen anyone unauthorized wandering around inside the operation, and that it would be very difficult for anyone to blunder in by mistake in the night, as the pit is cut off by the brook and a very steep slope. Mr. Webb said he thinks it is not necessary to do more than the Hodgkins are doing currently. Item 3--Concern for the potential of stored cordwood to slip down the bank. The cordwood will be harvested and used up this winter. Item #4--Storage of portions of a building stored onsite, the concern being that long-term storage might lead to leaching of lead paint or CSA into groundwater. The stored building pieces are going to be salvaged and recycled into a salt shed. Item # 5--Scrap metal pile with engine parts and batteries. The scrap metal pile is the petty cash pile. The metal is cut up over the winter and will be sold. The proceeds go to a fund for tools, etc. A dumpster will be brought in over the winter for anything that cannot be reused. There are no batteries in the pile. Mr. Webb asked Ms. Weber if she had actually seen the batteries. Ms. Weber said she had, but that she had had the discussion with Mr. Hodgkins set out in the letter that the pile would be checked in October for immediate hazards. Item #6—Berm near horse corral. The overburden has been cleaned off down to the sand layer, and the berm has been completed. Items 7 & 8--Overflow from diesel punp and seepage from oil drums. Mr. Hodgkins said that the Board does not have any authority over these items, as the buildings and tanks are on a separate parcel of land from the gravel pit, and this parcel was separately permitted as a commercial operation, with storage of oil being part of the permitted use. He said that the used oil cannot be passed along, but that it can be used to put on brush when land is being cleared. He has extended the tarred area and moved the barrels onto the tarred portion.
Mr. Hodgkins then spoke about the concerns at the Route 12 pit. Item #1. Berm separating pit from Extra Innings. This berm has now been completed. Item #2—Berm around drainage pond—The pool turns into clay down below, and they want to get the sediment out. This berm has now been completed, and the pond will eventually be filled in. Item #3. Gravel bank exceeding 1:1 slopes with no berm at top. As with the Drewsville pit, this is a working face. The face is almost back to the border, and signs have been placed at the top. Item #4—Reclamation of front five acres. Mr. Hodgkins said this area has been reclaimed to some extent, they just don’t mow it, and seedlings are growing up. These have now been flattened somewhat. Nothing is stored on this section. Item #5—Filled area on northeast corner encroaching on brook. Mr. Hodgkins said that due to the heavy rains, the brook moved over closer to this face this year. It has split into two streams, and only comes near the face when the water is high. Mr. Webb asked if the stump dump would be smoothed out. Mr. Hodgkins said that most of the rubble was stumps and cement. He passed out photographs showing the same face being covered over. The face has now been covered, seeded and mulched.
Mr. Webb said it appeared that a lot of work had been done since the inspection. Mr. Hodgkins said that next inspection, he will be sure to go with the inspectors to both pits. All expressed satisfaction with the work done to date. Mr. Britton said that we may have overstepped our bounds with the last two items up at the Drewsville pit. Ms. Weber said she had been unaware that the two properties were separate, and said she was pleased that the issues had been addressed in any case.
New Business: A letter sent by Mr. LaClair tendering his resignation from the Board was read. The resignation was accepted with regret and thanks for his service. A letter will be sent to Mr. LaClair.
Mr. Michael Delaney was not present, so his garage plan was passed over.
Randy Murray and Brian Emerson presented their plan for the garage next to Tire Warehouse on Route 12. Mr. Emerson outlined the history of his business, and said he wants to move his small engine repair business out of its current location in Bellows Falls and into part of the garage building, to share space with the current auto repair business. Mr. Webb asked if there would be any change to the existing buildings. Mr. Emerson said that he also sells carports, and he would add one carport, 18 feet wide by 21 feet long, to the property for display and to shelter equipment left for repair. He also sells a line of zero turn commercial mowers. The carport would be in front of the existing building, and would be more than 65 feet from the center line of the highway, and with adequate distance from the side lines as well. In answer to a question from Mr. Webb, he said that the carport would only be used for storage, and all repairs would be done inside the existing building. With respect to carport sales, he has the one model for display. When a customer purchases a carport, Mr. Emerson faxes the order in to the factory and the carport is delivered direct to the customer’s property. Mr. Britton asked of there were any limit on the number of commercial endeavors in one place. Mr. Webb said the issue was if they all fit. Ms. Weber looked at the ordinance regarding permitted uses in the commercial district and said it looked like a repair business would need a special exception,, and asked if one is already in place for this property. Mr. Webb said that the building was used for auto repair before the zoning ordinance was enacted, and so was a grandfathered use. Ms. Weber asked if the change in use will require a special exception. Mr. Britton asked if there would be equipment sales from the location. Mr. Emerson said he has several pieces of used equipment for sale, as well as the carport business. Mr. Webb suggested this ought to be treated as a change in a non-conforming use. It was moved, seconded, and unanimously voted that the matter be set for public hearing on January 17th, pending receipt of a completed application form.
Cold River Bridge Meeting--Schedule Conflict. Ms. Kissell called Ms. Weber because an informational meeting on the proposed Cold River Bridge may be scheduled on January 17th at the Board’s usual meeting time. Ms. Kissell wanted to know if the Board meeting could be moved downstairs, or if the Board wanted to change its meeting time. The Board decided to meet at its regular time, at 7:30. The meeting will be held downstairs. Ms. Mansouri will talk to Ms. Kissell about the change tomorrow.
Gravel Pits, Part 2. Ms. Mansouri passed out information booklets about earth excavations, along with a letter from Mary Pinkham-Langer of Southwest Regional Planning. We need to check our records to make sure they are complete with respect to the grandfathered pits. At the time the ordinance was enacted, the pits were under the supervision of the Planning Board, and they were transferred to the Zoning Board in 1993. Ms. Mansouri and Mr. Webb will do a record search to make sure we have all the paperwork in order.
Car Dealership Application, 73 River Road North, at the corner with South Street. Ms. Mansouri has spoken with Mr. Eddie Abed, who is renting one of the apartments. He wants to run a wholesale car business by internet out of his rented apartment. The business will be conducted by phone and internet. No cars or customers will come to the apartment, and Mr. Abed is the sole employee. As part of its permitting process, the State has sent a letter to the Selectmen inquiring about the need for any local permits, and the Selectmen passed the letter on to Ms. Mansouri. Mr. Abed was planning to attend the meeting, but he called Ms. Mansouri to explain that his mother was gravely ill, and that he had to go to her. The Board determined that the apartment is in the Residential District, therefore a home business is allowed, as long as no more than two employees other than the occupant were employed. Ms. Mansouri signed the State’s form to that effect, with a note that any signage must come before the Board for review.
Old Business: Attorney retainer arrangements followup. Ms. Weber contacted Attorney Wrigley, in Keene, who said that he had not used a retainer arrangement in years, and knew of no other attorneys who did. He is hired for a specific matter, and bills on a straight hourly basis for the work. Mr. Hanna was busy, but his assistant said that she was unaware of any work done in the office on retainer, but she would have Mr. Hanna contact Ms. Weber later in the week. Ms. Mansouri said she had spoken to the selectmen about the matter and they are considering hiring one specific attorney for all town business.
Gravel Pits, Part 3. The Cold River Whipple Hill Pit had an issue with standing water. Ms. Mansouri visited the pit again on November 29 and there is now more standing water, an area of approximately 75 feet by 200 feet. Mr. Britton thinks it would not be too difficult to fix the problem. Ms. Mansouri will contact Cold River about fixing the problem.
Hubbard Farm property, Upper Walpole Road. Ms. Weber was contacted by a Mark Tevo, of Vermont. He is a broker representing a potential buyer of the property. He wanted to know how much of the property was in the commercial zone, and if Walpole had a policy similar to ones he has seen elsewhere assigning an entire parcel to the zone in which the majority of the parcel lies. The Board determined that the Board has always said, with respect to a single parcel located across two different zones, that the building use must comply with the zone in which the building is located. The Hubbard property is zoned Commercial for 250 feet back from the edge of Route 12; the rest of the property is Rural Agricultural. Ms. Weber will relay this to Mr. Tevo.
Conservation Commission Booklet. Ms. Mansouri passed out a booklet prepared by the Conservation Commission and noted the Commission would like to meet with the ZBA at a future date to discuss zoning changes. Mr. Britton suggested they focus on the Planning Board regarding changes.
Rezoning. Ms. Mansouri noted that the Planning Board is looking to rezone the Huntington Farm property on the west side of Route 12 from rural agricultural to Industrial. Mr. Britton said that there might be wellhead proximity issues there.
Denise and Ken Horn, 11 Alstead Center Road, Drewsville. The Horns appeared before the Board in October. It was determined they would need a variance for a proposed 12 foot by 20 foot shed. The Horns subsequently said they had decided not to build the shed. A shed has now been installed on the property without a variance. The shed looks smaller than the 12 foot by 20 foot shed originally proposed by the Horns. Mr. Carignan said that the shed is smaller than the platform on which it stands. Mr. Webb said that some action ought to be taken. It was moved, seconded and unanimously approved that a letter be sent to the Selectmen asking them to investigate the situation.
Cell tower Manual. Mr. Carignan presented the cell tower Manual from eth meeting he attended. He said it would be a good guide for future situations.
Minutes. Acceptance of the Minutes from the November 15th meeting was moved, seconded and unanimously approved. There being no further business, the meeting was adjourned.
The next meeting will be held on Wednesday, January 17th, 2007, at 7:30 PM.
Respectfully submitted,
Lucy McVitty Weber