Town of Lisbon
Zoning Board of Adjustment Minutes
November 5, 2008
6:00 pm meeting opened.
Members present: E. Younkins (EY), B. Lucas (BL), J. Ingerson (JI), Robert Clark (RC), Jerry Hite (JH)
Administrative Assistant: B. Menchin
Public signatures: A. Newell (Videographer) (Bethlehem), Lois Champagne (Littleton), Damus Champagne (Littleton), Irene Dawson (Sugar Hill), S. Dawson (Sugar Hill), Doreen Kaspszak (Lisbon), Mary Pinkham-Langer (Department of Revenue), Barry Liveston (Lisbon Planning Board), Larry Lee (Sugar Hill), Kenneth King (Sugar Hill), Diane West King (Sugar Hill), Robert Blechl (Caledonian Record), Francis Augustis (Lisbon), Linda Gouldstein (Bethlehem), Grant Ruggles (Sugar Hill) Steve Hunt (Sugar Hill), Loraine Coolidge (Littleton), Sandra Coolidge (Littleton), David Trahan (Lisbon), Mike Carver (Lisbon), George Paige (Lisbon), ? Lopes (Lisbon), Scott Mooney (Bethlehem), Leigh Condon (Lisbon), Hugh Hawkins (Sugar Hill), Angela Hawkins (Sugar Hill), Regan Pride (Lisbon), Timothy Cowles (Franconia), Alex Aaron (Sugar
Hill)
Non Signatures: Jed Callen (Attorney STOP), Dean & Perrianne Knapton (Littleton), Richard Thibodeau, Mark Champagne (Applicant), Bruce Marshall (Attorney for Applicant), Shawn Tanguay (Town of Lisbon Attorney)
PUBLIC HEARING:
At the beginning of the meeting Chair EY introduced new Zoning Board members Robert Clark and Jerry Hite. EY asked the two men if they had a chance to study the information that was submitted and if they felt comfortable to listen to the information that was to be presented to the Board. RC and JH both stated they were comfortable and had read the presented information.
Minutes of the last meeting (October 22 Viewing) were read and EY asked if there were any changes to be made. JH made a motion to accept the minutes as written and BC 2nd. All voted in favor. Minutes of the October 22, meeting were approved.
EY read the proposed excavation permit application which stated Mr. Champagne’s address as being PO Box 132 Franconia, NH 03580, name of excavator is Champagne Solutions, with a business address of 1283 Streeter Pond Road., Sugar Hill. Tax Map R49 Lot 1 and R32 Lot 26 with a total acreage of 168 acres. The properties being in Zoning district A & D. Number of planned pits – 4, depth of excavation 10 to 100 feet, breadth of excavation varies, slope of site varies, estimated volume 3,000,000 cu yds, visual barriers state and public roads – existing trees, Routes to be utilized Mt. Eustis Rd., Frequency of truck traffic varies, size and weight of trucks used – standard 10-wheeled dump. Method to be used to elimate debris – stump dump, protective measures for topsoil – berm & silt fence.
EY informed the public that according to the newspaper all submittals were to be received in the Town Office by October 27, 2008. Any submittals after would not be considered.
EY noted some of the submittals that were presented to the Board by October 27 which included: a letter from Mr. Jim McGovern, Pettition, studies, copies of emails, Ms.Albanese correspondence, the effect of external obsolescence & valuation depreciation on surrounding areas, a letter from a Mr. James F. Reynolds of Vineyard Haven, MA, Quarry Blasting sends rocks raining down on property of Lincoln county homeowner, Quarry blast sends rocks into Burlington Airport, Blasting Blame Area Blasting For Home Problems, a copy of the Lisbon Master Plan, Impact of Blasting at the Raymond Quarry on the Lamparey River which he further stated didn’t know what state that would be, Clark County Ohio case, California residents complain about development project they say is an illegal rock quarry, various submittals that
were too small to read, California Gravel Pit sue county, Lewiston Morning Tribune Washington Makes it Easier to Punish Industrial Noise Pollution, Rhode Island Residents Complain about Gravel Pit Noise, Bedrock Quarry in Maine, EY further stated that basically there were more news reports from across the United States regarding citizens against gravel pits. Lists of materials directed to the ZBA & once again, studies or reports about studies dealing with proposed gravel pit operations. There was another letter from Mr. McGovern and mostly letters of opposition. There is a letter from the Town of Sugar Hill Conservation and more letters from concerned citizens and petitions. EY stated these are all a matter of public record and can be viewed at the Town Office.
EY stated on October 22, 2008 all five Board members visited the site on Mt Eustis Road. EY stated that Mr. Mark Champagne explained, again, what his proposal would be. The Board notified the Towns of Sugar Hill, Bethlehem and Littleton by certified mail. The Board also notified North Country Council regarding regional impact as well as all the abutters which abut the Lisbon property.
EY next outlined the way the meeting would proceed. He stated Mr. Champagne or agents would be able to present their case, then the Board would ask questions of him or his specialists. He would then go into questions of the Public to Mr. Champagne, further questions of the Board to Mr. Champagne then public statements with no written comment to be submitted. After that Mr. Champagne would be able to rebut any information that has been presented.
EY next introduced Town Counsel Shawn Tanguay.
The floor was turned over to Mr. Champagne who deferred to his counsel Attorney Bruce Marshall. Attorney Marshall outlined the reason why the ZBA was rehearing the special exception and the remand from the court. Mr. Marshall discussed the Alteration of Terrain permit which needs to be presented to the DES, spoke about the various studies that have been done by Dick Morneau for Plans for site, Mr. Bollanger of Traffic, Steven Drueschel, Hydrogeologist regarding blasting concerns. Attorney Marshall stated that Mr. Champagne intends to excavate, sell and process material and hopes to prep the site for future Industrial site. Mr. Marshall further stated that the property was turned down for a residential site in a previous ZBA meeting. Attorney Marshall further stated that this is not the type
of site that can be developed in a short period of time such as 2 years. Attorney Marshall stated the property is to be developed for industrial development.
Mr. Dick Morneau (Engineer for Mr. Champagne) showed the Board the various plans that are involved in the project, he showed the four corners of the abutting towns, where the Littleton Industrial Park is, where the Ammonoosuc River is and where Streeter Pond is. He explained the phasing maps and the future plans on how to do this. He further showed where the tops of the nobs and the depths are on the property. Mr. Morneau explained the retention ponds and explained the water flow into the ponds and further explained that the ponds drain in 2 days. Mr. Morneau explained the reclamation plan. He explained temporary ponds and explained the plan as to complete a phase before going forward. He explained the depth and that the demand for material at this time is not that great.
Mr. Robert Bollinger next came to discuss his traffic studies on behalf of the applicant. He first gave his qualifications. He spoke about appearing before the Planning Board and giving his study to that Board. Stated it was about August 13, 2007 when he appeared before that Board. He spoke about the flow of traffic and the full-access drive. Explained the entry was a few hundred yards from the Littleton Town Line. Mr. Bollinger stated the Mt. Eustis Rd. has two 12 foot travel lanes. He described the recommended speed for the north and southbound traffic. He further explained there is already a heavy concentration of traffic at the northerly end due to Fed X and the Littleton Stamp & Coin Companies. Mr. Bollinger stated there would be a maximum average of 70 daily
trips per day to the site which means 35 trips in and 35 trips out. This traffic would include trucks, employees and other miscellaneous vehicles. Mr. Bollinger explained that in order to be significant traffic flow a municipality needs to have between 75 to 100 trucks per hour.
Mr. Bollinger described the site distance of the exits onto Mt. Eustis Rd. He recommended the installation of stop signs and truck crossing signs and truck entering signs.
Attorney Marshall spoke regarding the amount of blasting to be done on the site. He stated there would be approximately 4 blasts per year.
Mr. Steve Drueschel (hydrogeologist) spoke next. He gave his qualifications and stated he had done studies on the property. He stated he had walked the site and examined various items. The surface water will be maintained through controls and stated there would be no detrimental effects from the operation. He further stated that there would be no detrimental affects to the neighboring wells or their water sources. He stated the blasting is per chlorate free. He further stated that any nitrates that were to escape would degrade naturally. Blasting residues are not likely to reach surface water due to the high uptake of nutrients within any residues by algae, micro flora and micro fauna within the surface water system, even within the excavation area.
Mr. Drueschel explained the vibration analysis. There would be no damage extending beyond 200 feet. He further stated that at a person at 1200 feet who is aware of the blast would feel it and at 3500 feet to a cognizant person would be comparable to traffic on a road.
Mr. Drueschel closed with saying the surface water is protected, the ground water is protected the ground water depth will be unaffected, vibrations will be normal and vibrations are well within a safe standard.
At this point EY opened the questions up to the Board. BL asked if Mr. Champagnes blasting is a typical 4 times per year. Mr. Champagne stated yes, that he would be allowed 80,000 cu yards per year. He further stated that he would only be working on the site 40 to 60 days per year.
JI asked about the weight of the trucks. Mr. Champagne stated he is aware of the weight laws regarding trucks. He further stated 10 wheelers are legal as well as tri-axel up to 80,000 tons. He stated he would haul 12 to 15 yds possibly at a time. He also would be using 6-wheelers.
There were no further questions from the Board, thus EY opened up the questioning to the public.
Attorney Jed Callen (Attorney for STOP) asked how can Mr. Champagne assure the people that his operation wouldn’t devalue the properties and be a nuisance. Attorney Marshall answered with Mr. Champagne would be following all local, state and federal laws. He further stated that the DES regulates nuisance, dust, contaminates, pollutions and that Mr. Champagne would operate according to the law.
Mrs. Nina Brown asked about the noise. It was explained to her that the way the site was designed, the noise would be minimized. It was further stated that this has been approved by the Planning Board. The topography of the site would minimize the noise.
Mr. James McGovern (abutter) asked about the amount of cubic yards that would be coming out of the area. Mr. Champagne explained that just because he was approved by the Planning Board to remove a certain amount of material, did not mean that was what was going to happen. That would be the maximum amount he could withdraw in a one-years time.
Mr. Dick Morneau explained that there will be 3 15 acre parcels to be developed. They would do a gradual level and reclaim at each level if necessary so that if at any given time the project were to stop there would be 3 parcels which could be used.
Mr. McGovern asked about the maximum blast. It was explained to him some would be smaller blasts, some bigger. It was further explained to him that the Planning Board made it cleat that if the State needs to alter any of the plans then Mr. Champagne would have to go back to the Planning Board and change his permit. The plans have been adjusted since the initial plans were submitted over a year ago. Attorney Marshall stated that the Planning Board records are open to the public.
Mr. Champagne was asked about the weight of the trucks coming out of the operation. Attorney Marshall stated the weights would vary due to types of material however it would all be within the legal load limits set by the town.
Mrs. Nina Brown asked if there had been a traffic study done on Streeter Pond Rd. Mr. Bollinger stated that some would go north, some south and some perhaps onto Streeter pond Rd. Again, truck traffic would be legal truck traffic and weights.
Ms. Linda Goldstein asked about the number of trucks going in and out of the property. Mr. Bollinger explained again.
Mr. Jim Leonard asked where do the trucks go. Mr. Bollinger stated they could go anywhere. The percent figured would be 40% north on Mt. Eustis, 20% onto Streeter Pond and 40% south to Route 302.
Ms. Jan Marshall asked how many trucks per day would go in and out of the operation. Mr. Bollinger explained again.
Attorney Marshall stated the Planning Board records speak themselves. The Planning Board set a maximum amount of yardage.
Mr. Mike Carver stated as there was a Planning Board Member present in the audience that he should be able to speak.
Ms. Linda Goldstein stated she was still confused on the traffic study.
Mrs. Audrey Bourque asked about the noise pollution. Attorney Marshall stated there had been no sound analysis on trucks going up hills however all the trucks would have to be legally capable of travel.
EY turned the questions back over to the Board.
JH asked about what is high traffic. Mr. Bollinger stated that according the the Institute of Transportation that would be 75 to 100 trips per hour. Mr. Champagnes site would be on an average of 12 per hour (6 in and 6 out).
EY turned the floor over to the public once again for comment and stated there would be no written submissions allowed.
Attorney Jed Callen wanted the record to reflect some legal objections. He stated he did not believe that there was adequate notice give, stated that information requested was not produced in a timely matter. He further stated that the statute stated 14 days have to be given in a certified mail to interested parties.
He stated there was no statute that stated you could cut off testimony as in the case of the October 27th deadline for submissions. He stated he requested information from the Town Hall and never received anything. He stated there is nothing in the law that restricts written comments before a hearing. He also stated he would give a written submission at the end of his comments. Attorney Callen stated that meeting minutes will not give all the information and that if you do not allow written submissions you are cutting us off.
Attorney Callen further stated that if Mr. Champagne wanted a Special Exception he should have submitted a new application. He stated the certified record is part of the appeal and he wanted to submit that for the record. Attorney Callen stated that the Planning Board member is mistaken as without the special exception there is no permit allowed. It must get a special exception before a permit can be issued. He stated it was like putting the cart before the horse.
Attorney Callen stated that just because the trucks are legal on the road, doesn’t make it right. He further stated that it has to not lessen property values and not be a nuisance. He asked to submit more information to the Board. He further sited the 5 articles that the Board must consider.
On 8.03.01 he stated the site was not appropriate as industrial use is impermissible. He stated you must amend your zoning laws and that this is not an appropriate location.
On 8.03.02 he stated this would diminish property values and stated that no body wants to live next to a gravel pit.
On 8.03.03 he stated there are reasonable objections by his petition submittals. He stated that 17 of the 19 direct abutters have signed the petition.
On 8.03.04 he stated this is a nuisance such as flying rocks and that this is a residential rural zone.
Attorney Callen asked the Board to accept his letter once again and quoted RSA 676:7 I III which is a statue on regulating public hearings and the right to participate. He further directed the Board to vote the right decision on the facts he had presented.
Ms. Jan Marshall voiced her concerns regarding Lisbon having the 3rd highest tax rate in the country.
Mr. Dave Trahan stated that he felt the future depends on development and sited the fact that his parents have owned the same house by the industrial park for several years. He further stated that his parents property values have not declined but have done the opposite.
Mr. McGovern stated that was not proof of property values and what this might do.
Mr. Dean Knapton commented about a former Special Exception he received and what he had to go through and spoke about the snowmobile trail being closed and how the club had asked for his land to be used. He further spoke about the well he just put in on his property which is 500 feet from Mr. Champagnes property.
Mr. McGovern spoke about the letter he submitted regarding Mr. Brandon Kernon of DES.
Mrs. Nina Brown spoke about her having worked in construction for 20 years and how she knows about blasting. She further stated that wells will be ruined and the town will be replacing these wells.
Mrs. Jean McGovern commented about contamination and that once that got into the ground water it would be permanent and stated there could be no guarantees this wouldn’t happen.
Mr. Trahan stated he parents house has a well that produced 20 gals per minute 20 years ago and it still produces the same with all the construction that has gone on in the Littleton Industrial Park.
Mr. McGovern stated that he spoke with Mitch and he stated that when FED X went in he had a problem with his well but there was no way of proving FED X did it. He further stated that he won’t be able to sell his house as he would have to disclose that there is a gravel pit abutting his property.
Ms. Alexis Aaron Albanese stated she had a conversation with Chickies Gravel in Whitefield and his driveway is 2 miles long so that he is far enough from people to not disrupt their lives and would not have problems with his neighbors. He further told her that he has purchased all of the abutters properties to keep from having problems with his neighbors.
Ms. Jan Marshall stated that the town needs to figure out where it is going and that this town is not a good prospect for industrial use. She further stated that the Boards do not understand that value is in quiet land and that tax rates would come down if the town allowed higher priced residential housing.
Ms. Debbie Leonard spoke regarding pit #3 being the biggest pit and what her future plans would have been for building a house on that corner of the property.
Mr. McGovern stated that Mr. Champagne has not shown proof of adequate financing.
Mr. Barry Liveston (Lisbon Planning Board) stated the study was done almost one year ago. He stated before proceeding with the application, the Board asked for legal opinion on if the Board could continue. The Board proceeded from there. There are conditions that have been addressed regarding the water, wells, sound, traffic, etc.. Mr. Champagne has to post a bond of $123,675 before he can even begin his operation which would cover the reclamation of the first phase. He further stated that Mr. Champagne cannot start without this bond. Mr. Liveston further stated that no one has come up with anything further to rebut all of the studies. He further stated the town hired a consultant at Mr. Champagnes expense to over see the plans. He also stated that according to the
percentages that were given that Streeter Pond Road would have 4 trucks average per day on it. He stated that Mr. Drueschell had stated that the possibility of damage to anyone’s well in the area is beyond remote. Mr. Liveston further stated that the state does constant monitoring of gravel pits.
Attorney Callen stated that Mr. Liveston is implying that the entire record of the Planning Board is somehow a party to this special exception. He stated there were a number of studies submitted to the Planning Board but not all were submitted. Attorney Callen stated that if the Alteration of Terrain is not approved than the Planning Board permit is void. Attorney Callen stated the record doesn’t include all of the studies and stated the file is devoid of this information. Attorney Callen stated that since Mr. Liveston has stated he is in favor of this application, he has voided his abilities to sit on the Board if it comes back to the Planning Board. Attorney Callen requested the record show obligation advocacy is showing pre-judgment.
Mrs. Nina Brown asked for a condition to test the wells just before the blast and after.
Ms. Debbie Leonard stated that she was not able to speak at the first hearings as she was told that her objections needed to be voiced to a different Board, she stated at least she was able to say something tonight.
The question again came up to who wants to live next to a gravel pit and Mr. Leigh Condon spoke up and said he thought it would be a fine place to live.
In the rebuttal phase:
Attorney Bruce Marshall stated the letter that was submitted to the Board from Mr. McGovern regarding the conversation with Brandon Kernon was hearsay and that he spoke with Mr. Kernon himself regarding the various items listed. Mr. Kernon does not agree with what the letter states.
Attorney Marshall further stated just because people don’t want land to be developed is not a proper option. The Board has gone out and viewed the property, they have seen the plans from the engineer and it shows that it is an appropriate site. The land is zoned in a Industrial and commercial area. Attorney Marshall asked the Board to rely on its own records and take note that there have been no tax abatements given to abutting property owners of gravel pits. He further stated the operation is all controlled by state laws and there would be no adverse affects to the surrounding areas. The blasting is regulated by the Fire Chief. There are legal noise restrictions and just because one doesn’t want to hear a chainsaw or a piece of equipment is not legal. He further
stated the testimony has been mainly hearsay and lots of speculation but non reliable evidence.
Attorney Marshall stated there would be no adverse impact. No reasonable objections from the abutters. The laws will control the noise, hazards etc. Further he stated that Mr. Kernon’s study is not final and won’t be even after 2 weeks as it has to go to the public for review.
Attorney Marshall stated that Mr. Champagne has met all criteria and feels as if the Zoning Board has sufficient information for the Special Exception. He stated it is reasonable and in accordance with the Master Plan and then asked the Board to approve.
Mr. Champagne asked for a final word. He stated he had seen the petition and stated there were untruths and stretching of the truth in all of the petitions. Mr. Champagne stated the word was around about an extreme amount of cubic yards going out of the property and stated someone should have asked him. Mr. Champagne further stated that Ms. Albanese submitted information about Mr. Paul Ugo’s subdivision on Streeter Pond Rd. Mr. Champagne knows Mr. Ugo personally and stated that he only has 2 lots on that subdivision. Mr. Champagne stated the facts have been stretched and that he has been honest with everyone.
Mr. Dean Knapton stated that everyone will have to look at the gravel pit and Mr. Champagne replied that if you can see any of it you will be on my property.
JH made a motion to the Board to conclude the hearing until November 12, 2008 at 6:00 PM for deliberation. BL 2nd. All in favor , the motion passed, the Board will deliberate on the Special Exception. At that time, there will be no public input.
Meeting adjourned
9:30 pm.
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