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Town of Lisbon
Zoning Board of Adjustment Minutes
November 9, 2005
6:30 pm meeting opened.
Members present: E. Younkins, B. Lucas, G. Perham
Clerk: D. Clark
Public: Barbara Clough, Hope & Francis Falardeau, GP & Karla Houston, Rachel Houston, Paul Ugo, Randy Locke
Chairman Younkins opened a public hearing for applicant Candace Lee McMahon, Trustee of the L. Wm. Presby Settlor Trust and Reta Presby-Hamilton Settlor Trust on a request for a Special Exception concerning Article V Section 5.05.6 and a Special Exception concerning Article V Section 5.07.6. The applicant, represented by William Presby, proposes to allow HHP, Inc to operate a log and pulp yard on property with an existing gravel excavation site. The property is located at Routes 302 & 117, also known as Map R18 Lot 3, in the A & D districts, and contains approximately 161 acres. The application was complete with an attached sketch and abutters were notified by certified mail and an ad announcing the hearing was published in the Caledonian Record. Wayne Burgess of HHP explained
they want to use 1.5 acres along Route 117, across the access road from the existing gravel pit, as a log storage yard with a 16” office trailer and portable bathroom. Only one person would be onsite unless trucks were coming in. He brought pictures of the log yard HHP currently has in Woodsville that is being moved to Poulsen’s in Littleton temporarily. Trucking would normally take place between 6:30 am and 5:00 pm, with an occasional delivery during the night. Asked by abutter K. Houston how many trucks a day could be expected, Mr. Burgess stated that 20 or so per week would be the average with winter being their busiest time and they will use the same access as the gravel pit, if approved by the State of NH DOT. Board member G. Perham and K. Houston expressed concern about screening and it was agreed that a berm, equal in height to the one on the other side of the access road that shields the gravel pit from site would be appropriate. Abutter GP Houston inquired how
long-term the lease would be and W. Burgess explained it might be short term in this particular location if they are able to relocate to a 6 acre site on the same property but out behind Mr. Ugo’s barn in the future. Abutter R. Houston asked why they were not applying to use that backland now and was told HHP needed a quicker, temporary location and that the other area would require tree cutting. K. Houston asked about the effect of this use on local property values but no one had an answer. Chair Younkins read a memo from Planning Board Chair Barry Liveston as well as a letter of support from abutter Michael Shores. Both are part of the permanent record. It was also noted that abutter Bernie Dodge reviewed the application had no objections. E. Younkins noted that all federal, state and local laws and regulations must also be met.
Hearing no further comments or questions from the Board or abutters, chairman Younkins called for a vote to grant the request for a Special Exception to Article V, Section 5.05.6 subject to the following conditions: 1. The ZBA requires visual screening in the form of a berm equal to the one that currently shields the gravel pit area from Route 117. 2. All Federal, State and Local regulations will be followed.
Zoning Board of Adjustments
November 9, 2005
Page 2
VOTE RESULTS:
Younkins Lucas Perham
1. yes yes yes
2. yes yes yes
3. yes yes yes
4 yes yes yes
5. yes yes yes
The application for a special exception to Article V Section 5.05.6 is approved with conditions.
Hearing no further comments or questions from the Board or abutters, chairman Younkins called for a vote to grant the request for a Special Exception to Article V, Section 5.07.6 subject to the following conditions: 1. The ZBA requires visual screening in the form of a berm equal to the one that currently shields the gravel pit area from Route 117. 2. All Federal, State and Local regulations will be followed.
VOTE RESULTS:
Younkins Lucas Perham
1. yes yes yes
2. yes yes yes
3. yes yes yes
4 yes yes yes
5. yes yes yes
The application for a special exception to Article V Section 5.07.6 is approved with conditions.
Chairman Younkins opened a public hearing for applicant Wallie W. Berry, Trustee of the Wallie W. Berry Revocable Trust of 2005 on a request for a Special Exception concerning Article V Section 5.05.6 and a Special Exception concerning Article V Section 5.07.6. The applicant proposes to operate a log and pulp yard on property with an existing gravel excavation site. The property is located at 2389 Route 302, also known as Map R28 Lot 6, in the A & D districts, and contains approximately 22 acres. The application was complete with an attached sketch and abutters were notified by certified mail and an ad announcing the hearing was published in the Caledonian Record. Mr. Berry explained to the Board that he no longer intended to use 5 acres as a log yard, but had two parties interested
in using 3 to 4 acres as an outdoor storage facility for cut lumber and building supplies (similar to what Varney Smith was doing at the former Central Building location in Littleton). It would involve use of a forklift and sporadic trucking between the hours of 7:00 am and 5:00 pm. The area would be fenced in, secured and lighted, and the entrance would be the current access off Route 302. There would be no fixed employees onsite and no office building. Mr. Berry stated that 5 acres of his existing gravel pit are already reclaimed and buffered. B. Lucas noted that whatever type of lighting is used, it should not be bother others.
Zoning Board of Adjustments
November 9, 2005
Page 2
Abutter B. Clough stated that there is not a 50’ buffer between the gravel pit and her property as is required by law. She expressed concern about the current value of her property now if she wished to sell it, and the effect this new venture will have on it. Heated words were then exchanged between Mr. Berry and some of his abutters regarding his gravel pit operation at this location, at which point he withdrew is application and left the meeting. It was noted by the Board that Mr. Berry might have had to re-apply for a different Special Exception as the use he described in this meeting was more commercial than industrial.
The minutes of the August 15, 2005 meeting were approved.
The Board reviewed a letter from Peter Whitelaw and Karen LaRocco, owners of the Ammonoosuc Inn, regarding a letter they received from the Town’s building inspector. A 10’ x 12’ utility shed was installed on their property 3’ from the main building. Article V, Section 5.10 of the Lisbon Zoning Ordinance states that there shall not be less than 15 feet between any two unattached buildings on the same lot. Stan Borkowski offered them three options: relocate the building, attach it to the main building, or apply to the ZBA for a variance to keep it in its present location. Since the owners did not find the first two choices workable, G. Perham made a motion, 2nd by B. Lucas to have D. Clark send a letter to the Ammonoosuc Inn explaining the process of applying
for a variance. All voted in favor.
Adjourned at 7:35 pm.
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