ANTRIM PLANNING BOARD MEETING MINUTES
June 20, 2013
Public Hearing – Zeke & Mack’s Excavation
Members & Staff Present: Diane Chauncey (Secretary) Chris Condon (Member)
Jesse Lazar (Chair) Charles Levesque (Vice chair) Janet McEwen (Alternate)
Steve MacDonald (Member) Gordon Webber (Ex-officio) Sarah VanderWende (Member)
Martha Pinello (Member – recused for the Public Hearing) Carol Ogilvie (Consultant Planner)
Ben Pratt Kris Stewart Lisa Stewart Diane MacDonald Peter Beblowski
Steve Jones Andrew Robblee Scott Burnside Tom Davis
Review an application for an Excavation Permit owned by Kris & Lisa Stewart on Elm Avenue, Antrim, NH, Tax Map 214, Lot 17 located in the Rural District.
Chair Lazar began the meeting at 7:01pm, explained the Excavation Application Public Hearing procedure, and had the members and staff introduced themselves. Ms. Pinello recused herself – as a direct abutter to the applicant’s pit. Chair Lazar appointed (at the time of the first vote) Ms. McEwen to sit for Ms. Pinello.
Before the public hearing procedure began, there were questions from the public attendees. The Stewarts wanted to know if the application was considered a renewal. Mr. Robblee stated that only numbers 1, 2, and 3 (Section VII- Submission Procedures – page 5 of Earth Excavation & Reclamation Regulations) were necessary. Mr. Stewart said that it was not a new application and the pit would remain as a gravel pit and he would not go through the entire process.
Ms. Ogilvie stated that in effect, it was a renewal but the State does not allow the term “renewal” to be used. She agreed that the pit was already permitted and that the Stewarts have the required permitting from the State.
Mr. Robblee expressed his concern regarding the Board’s confidence or lack there of.
Vice-Chair Levesque stated the Board needed to get through the excavation portion of the application.
Chair Lazar stated that Ms. Ogilvie had reviewed the application and stated that there was enough information to accept the application.
The Board reviewed the Excavation Regulations Application Checklist items.
Vice-Chair Levesque moved to accept the application; Mr. Condon seconded the motion. A roll call vote was taken. All members voted yes to accept the application. The motion passed.
Chair Lazar asked the applicants to present their proposal.
Ms. Stewart stated the current plan was the same as presented to the state in 2012 and that she felt the plan had fulfilled all the necessary requirements for the Town of Antrim.
The discussion turned to “recycled” materials [any material not original to the Excavation Pit] that might be trucked into the pit.
Both Chair and Vice-Chair stated that the discussion should only be concerned with Excavation, and that recycled materials would be discussed in a Site Plan Review.
The Stewarts objected stating that their original permit of 2005 allowed the trucking of recycled materials into their pit. They further stated that the materials brought into a pit are an important part of their business.
Vice Chair Levesque read from the Excavation Regulation handbook (page 1 Section 2) stating “The scope of this Regulation does not include the stockpiling or recycling of off-site materials brought to the site unless they are being used to process on-site materials. Any such use would be subject to other applicable approvals, including Site Plan Review from the Planning Board”.
Chair Lazar stated that the Site Plan Review had not been formally noticed.
A long discussion ensued. Board and Public Attendees participated in the discussion. Some of the discussed items were:
- The Site Plan had not been a part of the Public Notice and should have been. Possibly, there should be a second Public Hearing to hear an application for a Site Plan Review.
- Would the abutters need to be renoticed?
- The Stewarts’ plans were the same plans and same information as the original.
- If the plans were permitted in 2006, the same plans should be permitted in 2013.
- In 2013, the plans need to be approved in a different way.
- Permission was granted in 2006 and should stand today.
Vice-Chair Levesque asked for Ms. Ogilvie’s opinion.
Ms. Ogilvie stated that permits expire and the information is looked at as a new application. When asked if the Board can waive the requirement, Ms. Ogilvie admitted that it is not always black and white, but that the Board does have the flexibility to waive certain requirements. When asked if RSA 155:E allows for the stockpiling of materials, Ms. Ogilvie stated that stockpiling is not an excavation activity, unless it is associated with the operation, but that state statute allows the Town to issue permits and that an applicant should not have to go to the Board as if it is brand new.
The discussion of stockpiling materials continued, the authority of the State and the Town, the Public Notice not stating the Site Plan Review, whether or not the Board could waive the fees, whether or not the Board can waive criteria, two different activities occur in a gravel pit (excavation of onsite materials and trucking in of “stockpile” materials).
Ms. Ogilvie stated that the intent of the posting had been met – the Public was informed of the meeting’s objective.
Mr. Webber moved to waive the requirement of having a Site Plan Review and accept the posting as noticed. Mr. Condon seconded.
The discussion continued. Some of the items discussed:
- The application cannot be waived and the proper motion would be to accept the site plan.
- The Public Notice was acceptable.
- Enough information is available to avoid a second Public Hearing.
- A review by the State (DES) has been done and is acceptable.
- The original site specific depicts the staging areas for stockpiled materials.
- The plan has not been deviated from.
The discussion continued between the Chair, Vice-Chair and the Stewarts. The Stewarts felt that they had complied with both the State and the Town. The Vice Chair agreed that they had complied with the State.
After a short deliberation, a Roll Call vote was called.
All members voted yes – no additional Site Plan Review is needed. The motion passed.
After the vote, the application discussion continued.
Mr. & Mrs. Stewart stated that there is no crushing at the pit. Materials would be brought in on a temporary basis and may be mixed with existing materials.
The bond was discussed. The Stewarts’ bond is effective until 2016. They explained that some bonds usually go for one year but they had found a company that would do a 3-year bond. Some Board members reviewed the bond – which will be stored in the permanent file.
The Town permitting process looks at the permit every two years. The Stewarts will have the date for that 2- year meeting written into the Notice of Decision. The annual walkthroughs will continue.
Board members stated their reasoning of the two-year meetings; to note how much gravel has been removed, the reclamation process, chance for abutters to express concerns, etc...
The discussion returned to the bond amount. The Stewarts explained the way in which the amount had been determined, and that it is usually based on 3 acres as that is the area allowed to be open.
The Public Hearing continued.
Chair Lazar asked for abutters in favor of the application to express their comments. There were none.
Chair Lazar asked for abutters not in favor of the application to express their comments.
Mr. Beblowski (abutter) stated that he was in favor of the app but had questions. He felt that the 50’ buffer was not appropriately depicted on the plan. -- Mr. Stewart stated that the plan did not fit on 81/2 x 11 but was able to show the area of concern on the larger plan.
Ms. Joanna Day (abutter) had written a statement that she was concerned about the 4-wheeler activity coming out of the Stewart pit. She said that she had contacted Fish & Game about her concern and they had said that signs could be erected stating “All Terrain Vehicles are not allowed”. Ms. Day questioned the effectiveness of the signs. -- Mr. Stewart said that the pit had been inherited with all its problems – he and Lisa did not allow any 4-wheelers in the pit except the Aborns who lived across the street from the pit and “watched” over it.
Ms. Pinello (abutter) stated that she was concerned with the target practice that occurred in the pit. She stated that she was not anti-gun, but was not clear that the shooting in the pit was sanctioned by the Stewarts and wanted a way to make things work better. Ms. Stewart said that she would call the police tomorrow and let them know that no one is allowed in the pit, except the Aborns.
Mr. Beblowski stated that the original plan stated a 50’ buffer around the entire property.
Chair Lazar asked for further comments:
Mr. Burnside said that he had known Kris Stewart since he was 13-years old and knew him to be a very hard worker.
Mr. Davis stated that he appreciated the Board waiving the requirement for the Site Plan Review.
Chair Lazar closed the Public Hearing.
The Board members discussed possible conditions to the Notice of Decision, that the issues with abutters had been addressed, that the applicants wish to comply with the Town Permit requirements, that the applicants will do what they said because it is in their best interest.
A short discussion occurred concerning some of the issues with the pit – 4-wheelers, shooting – the applicants explaining that they can only do so much, but if they could handle the situation, they would.
Ms. Ogilvie cautioned the Board that the Notice of Decision conditions should be enforceable by the Board.
A motion to approve the application. Vice Chair Levesque had three conditions [the NOD will be attached to these minutes in the Town Hall minutes].
The 3 conditions:
Planning Board requirements, commitments and agreements made by the applicant and/or their agent as recorded in the meeting minutes dated July 6, 2006 and subsequent meetings in 2006 including September 11, 2006, June 20, 2013, and January 17, 2007 as they pertain to this application are a conditional part of this approval.
The applicant is to maintain the Utica Mutual Insurance Company License and Permit reclamation bond of $13,200.
The applicant will report back to the Planning Board in two years and no later than June 20, 2015 as per the Antrim Earth Excavation & Reclamation Regulations.
Motion to approve application
Mr. Lvesque moved to approve the application. Mr. Webber seconded. Don’t have info at home
Roll call vote: All said yes to approve. The motion passed.
Notice of Decision will be issued in 5 days.
Approve June 6, 2013 minutes – Ms. VanderWende moved to accept the minutes. Mr. Condon seconded. The Minutes were approved as amended. The motion passed.
Excavation Regulations Application Checklist – revision by Carol Ogilvie – comments?
Most Board members thought that the “new” checklist worked great.
Ms. Ogilvie stated that she was working on the other Planning Department checklists and hoped to have them done shortly and that they would be discussed at the July 18, 2013 meeting – which she planned to attend.
Vice-Chair Levesque stated that he thought that the Stewart Excavation application should have included a Major Site Plan Review.
There was a discussion concerning the technicality of the notice not stating the Site Plan Review and –would a second meeting have received the same information? Chair Lazar stated that 90% of the Major does not apply.
- State of NH DOT Driveway Permit for Thomas Davis – Tax Map 212 Lot 23 – FYI
- SWRPC May Newsletter – FYI
- Wetland Permit application – Zsofka Culvert Installation – Pierce Lake Road – Map 214 Lot 93 - FYI
At 9:40PM, Mr. Levesque moved to adjourn; Mr. Webber seconded.
Respectfully submitted, Diane Chauncey, Secretary of the Planning Board