TOWN OF BRADFORD
ZONING BOARD OF ADJUSTMENT
SEPTEMBER 7, 2011
7:00PM
Call to Order and Roll Call:
Brooks McCandlish, Chair called the meeting to order at 7:02pm with Dick Dionne, Nancy McEachren, Andrew Pinard and Marge Cilley, Secretary present. Bill Glennie is still away.
Review and Consideration of the August 3, 2011 minutes:
Motion was made by Nancy McEachren to approve the minutes. Page one under motion for Jim Wall should read: Motion was made by Nancy McEachern to approve the Variance. The remainder of that sentence should be omitted.
Motion seconded by Dick Dionne. Motion carried with edit 3-0. Andrew Pinard abstained.
Public Hearing:
Martyn Chivers, 10 Breezy Hill Road-Special Exception for Automotive Recycling Facility – Map 3, Lot 74A & 74B.
Jon Warzochi, Horizens Engineering representing Martyn Chivers introduced himself and gave an overview of the proposed business of small salvage. Mr. Chivers has several uses of the property currently, including auto and truck repair, school bus parking, handles some fire wood and storage for off season RV storage and truck storage for his business. Mr. Chivers is looking to add a small scale automotive recycling facility, to include a small scale, storage for about fifty vehicles with no crushing done at the facility. There would also be storage space to sort light (could include washing machines, dryers etc.) and heavy iron (could include structural steel). This would all be done in the existing footprint of the developed area of the site. There would be no major grading changes proposed, no paving and no surface changes. The only construction involved would be the construction of two 50’ x 50’ bins to store scrap metal. An existing building would be used for a dismantling building. All fluids will be drained from the vehicles as required by the State. The area on the property where the recycling facility would be is in the rural-residential zone, which is allowed through a Special Exception from the ZBA. The same driveway would be used.
Brooks McCandlish, Chair asked Jon Warzochi to read through the Application.
Brooks McCandlish, Chair asked if there were any questions. Ann Eldridge, Conservation Commission advised they are behind any recycling that can be done, however, is concerned with the location of this facility in proximity of the Warner River and make sure all the best management practices are in place, up to date and monitored, and keep in mind that this site is not just for this owner, but far into the future. Ann Eldridge also handed out informational sheets to the board on laws that require written certification compliance through DES for any motor vehicle salvage yard. One concern is storm water and snow melt run in addition to collection of what ever chemicals are collected from this operation.
Jon Warzochi, Horizens Engineering advised the Warner River is included in the Shore Land Protection Act with a 250’ buffer zone and the recycling area proposed is outside of the buffer zone. Andrew Pinard questioned the current site plan not showing any fencing.
Kris Dubaere questioned the fluid hazard to which Jon advised would probably be under the requirements for permitted tanks. No permitting needed because of the small amount, but would be addressed in the operating permit for the facility itself through the salvage yard program with DES. There will be best management practice inspections done by DES periodically.
Brooks McCandlish, Chair closed the Public Hearing.
Brooks McCandlish, Chair advised a decision would be made and the owner notified within twenty days.
Public Hearing:
Corsair Realty, Harriet Hobbs, Manager, Pleasant Valley Road –Gravel Pit- Special Exception – Map 7, Lot 29 – Represented by Ed Hauck
Ed Hauck went through the Special Exception Application and the board looked over the general plan. Brooks McCandlish, Chair confirmed abutters have been notified and gave the $5.59 overpayment on Certified mailings to Mr. Hauck.
Brooks McCandlish, Chair read a letter dated September 7, 2011 to Corsair Realty from the Selectmen into the minutes (letter on file) regarding the dangerous conditions on Pleasant Valley Road created by water and sand rushing down the driveway from their gravel pit. Much conversation ensued.
Kris Dubaere, Pleasant Valley Road, and abutter questioned what happens if the stone doesn’t work that was put in the roadway? Also pictures were brought in by the Dubaere’s and the Richardson’s abutters showing the culvert which misdirects water onto their property as well as many washouts and damage to their properties. The pictures also show several dumpsters at the gravel pit. Ken Richardson advised water came down through the trees to his yard. He stated the owners advised they were not going to send trucks by the Richardson’s home on a road which is posted, but they have, they were also going to fix their driveway to prevent runoff and they have not done that, and he took them at their word they would do this. Nicki Dubaere advised there is no time frame to fix these issues and questioned when is this going to get addressed. Mrs. Dubaere advised if no one was there to watch what the loggers were doing, who will be there to watch what the gravel haulers are doing. It was also stated that the large logging trucks have been turning left onto Pleasant Valley Road rather than turning right as was stated they would do originally. Mr. Hauck advised he does not own this property but is hired by the owner and did not hire the loggers or manage the logging operation, but the logging trucks find it difficult to go left onto Route 114. He also stated that there is a lot of work to be done, and the loggers should be in next week.
Two engineering concerns have been involved in this project: Nobis Engineering and Pathways engineering.
Brooks McCandlish, Chair advised he walked the property in question today, and the photos give a clear idea of what has happened. New stone has been put in the base of the driveway, however that does not keep the water from running down there, and needs to be addressed further up the road. A lot of water was running down skid trails used in recent logging operation showing a lot of material having been moved. It appears there are significant wetland violations resulting in the channeling of the water causing erosion in the pit and driveway and depositing material onto the town road and across the town road to the wetland area.
Ed Hauck suggested that the abutters who are being affected write a letter to Corsair Realty, Harriet Hobbs, Mgr on the damage this has done to their property and asking her as a neighbor, abutter what they can do to help and ask if they can have a time frame to get things taken care of that clearly need doing.
Motion was made by Andrew Pinard to extend the Public Hearing until the next Zoning Board of Adjustment meeting on October 5, 2011 at 7:00pm. so the abutters have the opportunity with the request that the representative to the property owner will make sure that those engineering plans are provided to the abutters so the Public Hearing can be continued at the next meeting, with the plans made available at the Town Office. Seconded by Nancy McEachren. Motion carried 3-0.
Brooks McCandlish, Chair advised the Public Hearing will be continued on October 5, 2011 at 7:00pm
Regular Business:
Corsair Realty Gravel Pit — Nancy McEachren advised some of the items on the Special Exception Application appear to be answered very vaguely. Mrs. Dubaere was advised to copy any letters she may write concerning her problems and forward to the Selectmen’s Office.
Rules of Procedure — Andrew Pinard asked about the status of draft changes. The review of the ZBA rules of Procedure is not complete; so far the only changes to be made were to the date and time of regular meetings.
Martyn Chivers Automotive Recycling Facility — The six criteria for a Special Exception in the Bradford Zoning Ordinance were reviewed over by the board.
Fencing was discussed and 236:123 Fencing in the NH Planning and Land Use book
states: “Before use, a new junk yard or automotive recycling yard shall be completely surrounded with a solidly constructed fence at least 6 feet in height which substantially screens the area and with a suitable gate which shall be closed and locked except during the working hours of the junk yard or automotive recycling yard or when the applicant or his agent is within.” Discussion ensued. Andrew Pinard suggested that if the recycling area were properly fenced, it would keep snow from being plowed into the Warner River.
Motion was made by Andrew Pinard to approve the Special Exception for Martyn Chivers’ Automotive Recycling Facility, Map3, Lots 74A and 74B, with the understanding that the facility will participate with the Green Yards program, as stated by Jon Warzochi, Horizens Engineering representing Martyn Chivers. Seconded by Nancy McEachren. Motion amended to add the following conditions for approval: Best Management Practices will be adhered to adhered to, and the owner shall grant access to a representative of the local government at any time to inspect the facility. Andrew Pinard seconded the amendment. Amendment carried 3-0. Motion carried 3-0.
Motion made, seconded and carried to adjourn at 9:25pm.
Respectfully submitted
Marjorie R. Cilley
Secretary