ANTRIM PLANNING BOARD
May 1, 2014
Public Meeting Hearing – Excavation Operation Permit – Landsite Corp
Continued from April 17, 2014
Members & Staff Present: Diane Chauncey (Secretary) Chris Condon (Chair) Michael Frosch (Member) Jesse Lazar (Vice-Chair) Steve MacDonald (Member) Gordon Webber (Ex-officio) Bob Holmes (Alternate) Jeanne Cahoon (Alternate) Carol Ogilvie (Consultant Planner)
Members & Staff Absent:
Sarah VanderWende (Member) Elsa Voelcker (Alternate) Janet McEwen (Member)
Public Attendees: Scott Burnside Silas Little Lindsey Arceci
7:00PM Public Meeting
The hearing is at the request of Landsite Corp for a Major Site Plan Review (to show the improvements necessary to construct a multi-use facility, which include: a self-storage facility, indoor storage, a multi-tenant commercial building, a landscape materials yard, log storage yard, cord wood operation – approved on April 17, 2014) and gravel excavation operation. (The parcel contains two existing structures; a house which will be renovated and rented and a barn which will also be renovated and used as a retail space and office for landscape materials use. A conditional use permit for an increase in impervious area above the allowable 2500 square feet within the Town Aquifer District is also being requested –approved on April 17. 2014). The
proposed project is located at 470 Clinton Road (Map 213 Lot 3) in the Highway Business District and Rural District.
Chair Condon opened the meeting at 7PM and appointed Mr. Holmes to sit for the absent Ms. VanderWende; and Ms. Cahoon to sit for the absent Ms. McEwen. He stated that the meeting was a continuation of the April 17 meeting at which all facets of the Major Site Plan Review (and the conditional use permit) were approved, except the excavation and reclamation permit – which would be presented this evening. The notice had been previously read. All abutters had been notified and the notice had been properly displayed.
Chair Condon said that the Board would review the Excavation & Reclamation Checklist. He read aloud each item. The Board members asked questions as the items were read and Mr. Burnside answered all questions. All items were satisfied.
Motion: Mr. Holmes moved to accept the application. Mr. Webber seconded. There was no discussion. By a voice vote, all were in favor of the motion. The motion to accept the Excavation portion of the application passed.
Chair Condon asked Mr. Burnside to present his proposal.
Mr. Burnside stated that his project had been presented in the previous meeting, but he would be happy to answer questions concerning the Excavation operation.
There was a short discussion. There were no abutters or other interested parties. There was a question concerning an abutter’s letter (Brown). Chair Condon asked if all Members had read the letter. Mr. Webber said he had not. He was given a copy of the letter. After reading it, he had no comment.
There was no further discussion.
The Public Hearing was closed
Chair Condon asked for comments from the Board Members.
Vice-Chair Lazar stated that he would like a consultant to establish the monetary amount for a bond.
Ms. Ogilvie stated that the Stuarts (Zeke & Mack’s excavation operation) are $13,200.
Mr. Burnside stated that he would use warm season grasses when reclaiming. He said that a bond per acre would be $2500 - $3500.
Mr. Burnside stated that the Board had the ability to waive a bond. He stated that he had established on the existing Landsite excavation operation that he followed appropriate BMPs for the reclamation. He asked the Board for leniency.
Mr. Webber asked if a bond is required or a normal practice.
Ms. Ogilvie stated that State law allows the Planning Board to impose a bond but also has the ability to waive or modify a bond.
Chair Condon read aloud from the Earth Excavation & Reclamation Regulations: Section XII: Reclamation Bond.
Mr. Burnside pointed out that Landsite was situated on State Roads not Town roads.
Vice-Chair Lazar said that the bond was important and should be in place. He said that it was only fair to treat all applicants the same.
Chair Condon asked if the Board wanted a bond.
Mr. Webber read aloud from the Earth Excavation & Reclamation Regulations: Section XIII: Exceptions which stated that the Planning Board may waive certain standards. Mr. Webber stated that Antrim is currently losing businesses and that a local, well-established contractor is an asset to the Town. He said that the Board would not be considering a large bond anyway and that he had no problem waiving the bond requirement.
Vic-Chair Lazar stated that it is not good to treat this application different. He said that even though the Excavation Operation was not large, the same process should be followed and it was not a good practice to stop.
Mr. MacDonald said that discussing it is fair treatment and each applicant has a different project and does not need to be treated the same. Mr. MacDonald said that the Landsite plans and preparation are quite detailed. He said that the Board should be encouraging business owners and that he concurred with Mr. Webber/
Chair Condon said that if the excavation were to go below grade, it would be different – but the excavation would not be below grade.
Mr. Holmes asked the actual acreage that would be reclaimed.
Mr. Burnside said that the reclamation will be done on the excavated portion.
Vice Chair Lazar said that a bond was insurance for the town in case things go badly. He agreed that the plans were good but repeated that he did not think the application should be treated differently.
Mr. Webber read again from Section XIII: Exceptions. He said that the risk to the Town was not great. He said that he understood Vice Chair Lazar’s point but, there are exceptions.
Vice Chair Lazar continued to express his concern that the bond requirement should stand.
The discussion continued.
Motion: Mr. Webber moved to waive the bond; Ms. Cahoon seconded
Roll Call Vote: Webber, yes; Cahoon, yes; Condon, yes; Lazar, no; MacDonald, yes; Frosch, yes; Holmes, no. The bond was waived on a 5 – 2 vote.
Chair Condon asked for further deliberation. There was none.
Motion: Mr. Webber moved to approve the application for an Earth Excavation & Reclamation Permit for Landsite Corp; Mr. MacDonald seconded the motion.
Voice Vote: All were in favor of the approval. The motion passed
Approve – April 3, 2014 and April 17, 2014 minutes Both sets of minutes were approved as presented.
By-laws – Mr. Holmes requests a change – tabled to May 15 meeting
Survey – 11 Jackman Shores – Compliance with RSA 676:18, paragraph IV FYI
Town of Antrim Proposed sale of parcel 219-010. The parcel had been discussed at the March 20th and April 3rd Planning Board meetings. From the April 3rd Meeting Minutes, it was stated: “The Board was hesitant because the information appeared to state that the Boy Scouts of America had an intended ownership to the parcel.” The Board voted to table the recommendation until further clarification was established.
Mr. Webber stated that Mr. Stearns had researched the parcels and found that parcel 219-011 was given to the Town with the stipulation that the land would be available for the Boy Scouts’ use.
There was a short discussion.
Motion: Mr. MacDonald moved to recommend the sale of Parcel 219-010; seconded by Mr. Holmes.
Voice Vote: Unanimous to recommend. The motion passed.
Ms. Chauncey reminded the Board of the upcoming workshop on May 22 and requested RSVPs. All present were interested.
At 8:00 Ms. Cahoon moved to adjourn the meeting; Mr. MacDonald seconded. All agreed to adjourn the meeting.
Diane Chauncey, Secretary for the Land Use Boards.