Town of Lisbon
Zoning Board of Adjustment Minutes
November 12, 2008
6:00 pm meeting opened.
Members present: Emory Younkins (EY), Barry Lucas (BL), Jim Ingerson (JI), Robert Clark (RC), Jerry Hite (JH)
Administrative Assistant: Barbara Menchin
Town Counsel: Shawn Tanguay
PUBLIC HEARING:
EY called the meeting to order and stated it was a continuation of the November 5, 2008 hearing regarding the Champagne Application for a Special Exception.
Minutes of the last meeting (November 5, Hearing) were read and EY asked if there were any changes to be made. BL requested the clerk (BM) to insert a statement the Mr. Drueschel (Hydrogeologist) had made during the last meeting regarding the dissipation of nitrates in the ground water. BC asked regarding clarification regarding the number of pits Mr. Champagne was planning. It was stated three (3) not four (4). A motion was made to amend the minutes by JH, JI 2nd, all in favor. A motion was made by JI to accept the minutes, JH 2nd, so voted all.
EY started the deliberation phase of the hearing by explaining to the attending public that there would be no public input and there would be no submittals accepted.
BL stated “Mr. Chairman I move that the Lisbon Zoning Board find that in accordance with article 8.03.01 that: The specific site is an appropriate location for the use.” JI 2nd.
BL stated the Board had viewed the property. The site is well hidden and you can’t see the abutter houses and that the property had already been voted down for a residential housing development. He further stated he thought it was a good site.
EY stated he agreed with BL and further commented that the site is on the Industrial Road, it had been set aside for industrial use and agreed that the way the plans had been submitted that it was a well thought out plan.
BC agreed with the other two gentlemen and agreed that it would not be a good site for residential as Mr. Kevin Schofields sewer lagoons abut the property. He further stated that even if it were to end up residential for a housing development, there would still be blasting for the foundations and he stated he felt as if the site is good for what Mr. Champagne has planned
JH stated that the land use was appropriate for this area.
JI stated “I think” it is an appropriate use. During the viewing and the walk, Mr. Champagne explained the hills and the natural buffer for sound and the water flow doesn’t seem to be going towards Streeter Pond.
At the end of discussion EY put the Motion submitted by BL (that in accordance with Article 8.03.01 that: The specific site is an appropriate location for the use) to a vote by the Board. All voted aye, none opposed. Motion Passed.
JI stated: “Mr. Chairman I move that the Lisbon Zoning Board find that in accordance with Article 8.03.02 that: Property values in the district will not be reduced by the use.” BC 2nd.
JH stated he felt as if the hills on the property would help keep the sound down and shouldn’t be an issue and he felt the property was the best use for the neighbors and the site.
BL stated he knows someone who lives near Chickie of Chick’s Sand and Gravel in Whitefield. The person lives on Mann’s Hill which overlooks Chick’s and he said they pay extra for the view. BL stated there would be no detriment to the public.
BC stated he would be concerned if this project is down on the Mt. Eustis Road where it would be totally visible but this is in the middle of no where. BC stated he felt it should be no real affect and felt it would be no problem. BC stated “I live next to NE Wire, I have never tried to sell and yes, there is a little annoyance at times, but doesn’t seem to be enough to cause my property values to drop.”
JI explained that he lives between two gravel pits. He has trucks going by his house within 20 feet of his garage. He further stated that most of the truck drivers were decent and he doesn’t see how the values of his property has gone down since he has owned the house.
At the end of discussion EY put the Motion submitted by JI (that in accordance with Article 8.03.02 that: Property values in the district will not be reduced by the use) to a vote by the Board. All voted aye, none opposed. Motion Passed.
BC stated “Mr. Chairman, I move that the Lisbon Zoning Board find that in accordance with Article 8.03.03 that: the use will not adversely affect the adjacent area and there are not reasonable objections by the owners of the abutting land.” JI 2nd.
BL started the discussion with he knows there are some objections by the owners of the abutting land however, he stated look at Chick’s Sand and Gravel and look at the Waterford Quarry. It has been there over 30 years, there is a housing development across the street and a school near by. The St. Johnsbury water supply is right there and no one mentioned this quarry. Waterford blasts every day and BL further stated he does not see an issue.
JH spoke about the 2nd hand information that people had gotten. There was misinformation given to people and some of these people who don’t want this project do not know the truth from fiction. He felt as if there were no reasonable objections.
BC stated he had some reservations on this however he felt the traffic is not a big deal. He delivers mail on Mt. Eustis and Streeter Pond Roads. Most contractors in the area use these roads. BC further stated he feels as if the Planning Board basically has put restrictions on to protect the area and there will be not only town restrictions but State and Federal Government.
JH spoke of the traffic report. It was stated there would be 70 trips which is 35 in and 35 out per day and that he had specifically asked the specialist what constitutes heavy traffic. The answer was 75 to 100 trips per hour.
EY stated he didn’t feel as if there were any reasonable objections to this. Just because someone doesn’t want it doesn’t make it a reasonable objection. EY stated he felt as if the Planning Board gave enough limitations that he felt comfortable with this project. He further stated he thought it would be OK.
JI stated he agrees with EY. He further stated that the petition basically dealt with the traffic issue. JI stated he had a hard time with the petition as he used to drive truck and he knows the specifics on road limits. He further stated what was proposed in the petition is way over what would be permitted. JI further stated that he felt the blasting would be done in natural barriers. He didn’t feel as if there was a reasonable objection.
At the end of the discussion EY put the Motion submitted by BC (that in accordance with Article 8.03.03 that: the use will not adversely affect the adjacent area and there are not reasonable objections by the owners of the abutting land.) to a vote by the Board. All voted aye, none opposed. Motion Passed.
JH stated: “Mr. Chairman: I move that the Lisbon Zoning Board find that in accordance with article 8.03.04 that: no nuisance or unreasonable hazard will result.” BC 2nd .
BC stated that Mr. Dick Thibedeau brought up the comment regarding vehicles blocking his drive. BC stated that Mr. Champagne would have to make sure he would be no nuisance to this man and stated that possibly he could change his entry to get away from this possible situation. BC stated he didn’t feel as if the truck traffic would be extreme. He further stated he felt as if the blasting would be muffled and that the noise should go up and not out and that the DES monitors things such as noise and water systems.
BL discussed the residue left from each blast as being ? %. He stated that would leave very little nitrates and algae would take care of the rest. He also stated that would have been one of his biggest concerns but he feels comfortable after listening to the hydrogeologist.
EY stated that the blasting is going to be at limited times and stated he didn’t feel as if this was going to hurt a living thing. He further stated that the property owners were far enough away and doesn’t feel a health issue exists from falling rock. He also stated that the site is at the Littleton Town Line in which Littleton’s Industrial Park is located.
JI stated that yes, you would hear a noise when blasting. The person blasting has to have the proper paperwork and licensing to blast. He further stated about flying rocks that he thought Mr. Champagne was licensed for explosives and that he would lose his license if he did anything that would be dangerous to the public. He then spoke of the truck traffic and that most drivers will put their trucks into jeopardy before hitting a car.
JH stated he felt the applicant has brought in experts and tried to think of his neighbors. He stated he felt as if Mr. Champagne has done his homework and feels as if this is the best use for that property.
At the end of the discussion EY put the Motion submitted by JH (that in accordance with Article 8.03.04 that: no nuisance or unreasonable hazard will result.) to a vote by the Board. All voted aye, none opposed. Motion Passed.
BL stated: “Mr. Chairman: I move that the Lisbon Zoning Board find that in accordance with Article 8.03.05 that: adequate and appropriate facilities will be provided for the proper operation and maintenance of the proposed use.” BC 2nd that motion.
BC stated he felt the Planning Board basically put into effect how the operation would be done. He won’t have a “field day”, there will be things he can and cannot do. He has mandates by the State, Town and Federal Government.
BL stated he felt the town in the past has fallen short with grand-fathered pits but this is moving forward. He feels as if this is going to be done up to par.
EY stated the ZBA is not in charge of gravel pits, “we change zoning and just because one person can’t operate a car doesn’t mean they all can’t operate a car.” He further stated that Mr. Champagne has a hefty bond of $123,675.00 to be paid before he begins. He felt as if Mr. Champagne has appropriate funds as he has purchased the land and paid for all of these studies. EY further stated he felt as if Mr. Champagne will make sure this is done right. EY stated the Planning Board will be the monitor of this operation.
At the end of the discussion EY put the Motion submitted by BL (that in accordance with Article 8.03.05 that: adequate and appropriate facilities will be provided for the proper operation and maintenance of the proposed us.) to a vote by the Board. All voted aye, none opposed. Motion Passed.
JI stated “Mr. Chairman: I move that the Lisbon Zoning Board find that in accordance with articles 5.07.2 and 8.03 that: the application by Mark Champagne for a Special Exception concerning the proposed project for commercial removal of soil of any type located on Mount Eustis Road, Lots R32-26 and R49-001 meets all the criteria for a Special Exception under the Lisbon Zoning Ordinance and is hereby granted a Special Exception by the Lisbon Zoning Board concerning such project.” Motion was second by JH.
Final comments were made:
BC stated that if you combine all that Mark Champagne has shown and his diligence in doing what was expected of him, BC feels as if this is a worthwhile project for the town.
JH stated that if you look at the town of Lisbon’s resources, that’s what the town has, gravel. It is a viable product, and he feels as if Mr. Champagne has taken the measures up front and he feels as if he wants to do it right.
EY stated the Town has an industrial zone beside the Town of Littleton. The town can’t use this land for industrial use unless it is flattened off. EY feels as if it is beneficial. EY further stated he has had to look at the comments that have been submitted. He further stated that the Board does represent the “Town” of Lisbon not just a few and what he hears from the tax payers is concern over taxes and that the town needs business.
BL stated someone had commented about a that this project is a “pipe dream”. This country was built on “dreams”. He further quoted his father who stated that “If Indians had zoning, we’d still be in Europe.”
At the end of the discussion EY put the Motion submitted by JI (that in accordance with Articles 5.07.02 and 8.03 that: The application by Mark Champagne for a Special Exception concerning the proposed project for commercial removal of soil of any type located on Mount Eustis Road, Lots R32-26 and R49-001 meets all the criteria for a Special Exception under the Lisbon Zoning Ordinance and is hereby granted a special exception by the Lisbon Zoning Board concerning such project.) to a vote by the Board. All voted aye, none opposed. Motion Passed.
At the end of the hearing, EY stated a written decision summarizing the Baord’s granting of this Special Exception to the Applicant would be available to the public within two weeks.
A motion to adjourn the hearing was made by JH, BL 2nd , all voted in favor.
Meeting adjourned 7:00 pm.
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