Zoning Board of Adjustments
ZONING BOARD OF ADJUSTMENT
APPROVED MEETING MINUTES
July 7th, 2020
Public Hearing/Meeting
Members & Staff Present:
Bob Holmes (Member), Shelley Nelkens (Member), Ray Ledgerwood (Member participating by Zoom), Diane Kendall (Member), Christopher Parks (Alternate), Carol Ogilvie (Planning Consultant), and Ashley Brudnick-Destromp (Assistant)
Absent: John Giffin (Chair)
Public Attendees: Bob Edwards (Self), Carol Dahlberg (Self), Dave Dahlberg (Self), Bernadette Todd (Self), Joyce Davis (Self), Tom Davis (Applicant), Ann Edwards (Self), John Cronin (Attorney for applicant), Martha Pinello (Self), Tom Carr (Meridian participating via Zoom), Peter Beblowski (Self participating via Zoom), Barbara Beblowski (Self), Joanna Day (Self), and Richard Day (Self)
*Due to COVID-19 this meeting was conducted with social distancing and also made available to public access via Zoom*
Opening of Meeting: Vice Chair Kendall opened the meeting at 7:00 pm in the absence of Chair Giffin. The Vice Chair appointed Mr. Parks to sit in for Mr. Giffin.
1. Public Hearing: JT Enterprises, LLC. 2020-03 ZBA Map 214 Lot 011, 012, 013 (Corner of Elm Ave and Smith Rd.) Requesting a special exception for excavation of, and removal of naturally deposited esker (gravel & sand) to allow reasonable access and development of the applicant’s land.
Vice Chair Kendall introduced the Board members, and verified with Ms. Ogilvie that the application was considered complete.
The Assistant read the public notice and confirmed it was posted inside and outside of Town Hall, at the Post Office, in the newspaper, and abutters letters were sent by certified and regular mail. She also mentioned that there was confusion as to the Article that was being referenced. The Zoning Ordinance was updated following the March Town Meeting and the Planning Consultant corrected a numerical inconsistency, which led to the confusion. The applicant had passed in their application in March prior to those changes. The application is filled out for Article VII, Section C.H, and it should be B. H with the new format according to Ms. Ogilvie. Ms. Ogilvie added this wasn’t an issue.
Motion: Mr. Holmes made a motion to accept the application as complete, Mr. Parks second it.
Discussion: There was none
Vote: Diane Kendall “Aye”, Bob Holmes “Aye”, Chris Parks “Aye”, Ray Ledgerwood “Aye”, and Shelley Nelkens “Aye”
Mr. Cronin introduced himself to the Board as representing the applicant. The purpose of the excavation site is for materials for the applicant to use for his own building purposes, and then later develop the site itself to sell for housing.
Mr. Cronin went over the criteria for the special exception one at a time. He explained that the proposed use in the area was not uncommon, as Zeke and Mack’s excavation is on Map 233 Lot 044, the Town of Antrim’s site is located on Map 213 Lot 072.1, and Diane Chauncey’s excavation site used to be on Map 219 Lot 012.
Mr. Cronin said that the volume of the material over a 5 year period would be roughly 6-10 trucks a week. He added that activity can change but that was a reasonable estimate. He also explained how the applicant has to apply for an alteration of terrain permit through NHDES, who has their own set of rules, as well as has to have a mandatory site plan review.
Mr. Cronin referenced the abutters letters that were sent in, and said that he wanted to just briefly touch on those. Mr. Cronin said he wanted to explain to the abutters that this is for a special exception, which differs from an appeal to an administrative decision or a variance. He went on to say how a special exception is and must be allowed if the conditions are met by the applicant, and therefore if they aren’t met then it cannot pass, and how it all comes down to if they meet the conditions or not.
Mr. Cronin went through all 6 criteria’s that had to be met, and the answers that were passed in with the application. He quoted Article 2 of the Town of Antrim’s Excavation Regulations, and mentioned how the 2nd half was not applicable. Mr. Cronin said that this site would not create excessive noise, as it is a small operation with one entrance. He added that the Planning Board might have a plan for impact of vehicular traffic as well. Mr. Cronin also said in regards to Condition #5 that there would be no buildings, fuels, or oils on site. There would also be no trucks left on site and there would be a single point of access that would be gated.
There were multiple complaints from residents in attendance that they could not hear the applicant, as well as complaints from residents participating by Zoom and a Board member participating by Zoom that they could not hear the applicant speak. Several attempts were made to improve audio, but there was no improvement. There was a discussion on how to handle this, and Vice Chair Kendall decided since the public and a Board member are unable to hear, then they do not have proper access, and the meeting needs to be tabled to another date.
Motion: Mr. Holmes made a motion to stop the public hearing/meeting and continue it to Thursday, July 9th at 7:00PM, Mr. Parks second it.
Discussion: All present Board members were able to attend, and Mr. Carr said that if he was unable to attend via Zoom, someone else from Meridian would take his place. This Date also worked with the applicant and their attorney.
Vote: Diane Kendall “Aye”, Bob Holmes “Aye”, Chris Parks “Aye”, Ray Ledgerwood “Aye”, and Shelley Nelkens “Aye”
Meeting Adjourned: 7:46 PM
Respectfully Submitted,
Ashley Brudnick-Destromp
Assistant to Land Use Boards