Greenfield Zoning Board of Adjustment
Meeting Minutes
August 18, 2008
The Zoning Board starts to gather after 7:30 p.m. with John, Roger, Loren, Craig, and Kevin in attendance.
The board reads minutes from May 27 and May 29 meetings, with the following changes. July 29;
Line 58 “from” to “for” and add “s”.
Motion to accept as amended by Loren, seconded by Roger, motion passes.
Craig motions to accept May 27 as written, seconded by Loren, motion passes.
At 8:00 pm John opens case 08-6 Eugene Mitchell, 418 Sawmill Road, Greenfield, NH. Application for Special Exception from the 25-foot wetlands buffer as allowed under section III.I.2.D.2 of the Zoning Ordinance of the town of Greenfield for property R2-17-2: Sawmill Estates. John talks of clarifying the posting as a misunderstanding has left the road buffer incursion un-noticed. The notice should have included “Application for Special Exception from the 25-foot wetlands buffer to construct a road as allowed under section III.I.2.D.1”
John also states that the Planning Board’s Application comment does not address the road issue, and their minutes of the meeting don’t reflect discussion of the subject.
Nate Chamberlain from Meridian Land Services, the applicant’s presenter, replies that the hearing was posted, so anyone concerned could show up.
The board discusses the posting and it’s deficiency.
Kevin makes a motion not to hear the Special Exception for the road as noticing and Planning Board comment were inadequate, but to hear the request for the fire pond as noticed.
Motion seconded by Craig, and carried by the board.
Roger motions to re-post the notice for the road, and waive the second posting cost to the applicant. Seconded and carried by the board.
Mr. Mitchell agrees to the boards’ solution to the problem.
John states the procedure the board will be following, and presents the invoice for the hearing to Mr. Mitchell and accepts a check from him.
Nate Chamberlain presents the project, as it is to date.
It was first presented to the Planning Board last summer, and received conditional approval on March 10, 2008. It is a 28-lot open space subdivision.
Nate then shows the board the proposed fire pond on a plat, and states the fire department wanted to go with a fire pond instead a cistern for the fire suppression plan.
Nate then states how they met with the Conservation Commission last Thursday, and did a site walk with them on Sunday.
Craig asks of the “cuts and fills,” Nate describes them to him.
John asks if there’s an impact on abutters, Nate replies no.
Craig,” Will there be flow through the pond.”
“We’re mimicking the flow that’s there now”
Roger, ”How many gallons,”
“Eighty Thousand”
Roger asks of the waters’ buffer area. Nate replies it’ll be grassed, but it’ll probably revert to natural.
John, “Has the Fire Department seen this?” (The plat)
”No, we’ve done this before and didn’t see a problem with it.”
Craig asks if the road’s divided. Nate replies it is.
Craig asks if any of the lots will be requiring a Special Exception.
Nate replies no.
Craig asks if the fire pond is on a lot, Nate replies no, it’s in the open space.
John notes the wetlands stamp is on the plat.
Loren states he’s good with the plat.
John asks Carol Irvin from the Con-Com if she has anything to say.
Carol replies that the Con-Com had a meeting and site walk, but questions the Fire Departments acceptance without an opinion or viewing the plans. She also asked who would be maintaining the pond.
Gene replies typically the Fire Department.
Loren states the town Fire Department ensures that it functions.
Gene replies the banking and sedimentation would be the responsibility of the homeowners association.
Carol asks, “is that in a contract?”
Gene replies, “No.”
Carol asks, ”What if they didn’t agree to maintain the pond?”
Carol asks Gene of the DES site-specific alteration of terrain permit.
Gene replies with a discussion of the road, and its cuts and fills.
Carol states the lots are 1.5 acres and most vegetation will be removed and the land will be altered or developed, foundation, driveway, landscape, septic and well, plus the road.
Nate replies that there will still be 48 acres of open space.
Carol states she’s concerned with the runoff potential off of the hill into the wetlands.
Gene replies the flow mitigation should work.
Craig looks at the flow.
Carol states she’s concerned the wetlands will be changed, and that the slope side development could dry up the pond, or it could be bigger due to the changes to the slope.
Gene states the pond’s surface will be at the seasonal high water mark.
John asks, “If/or when the pond overflows, who will it effect.
Gene replies the wetlands across the road.
John recognizes a question from George Rainier.
George asks what the soil types are.
Nate replies “Monadnock”, but he’s not sure. The data came from soil maps.
George states that Monadnock is a class 2 soil meaning it drains fairly well, and he’s concerned that the wetland/pond will dry up once the organic matter on the bottom is breached. That soil type isn’t clay.
Gene replies a clay layer showed up on the test pit, and that the seasonal high water there is where it’s swampy.
George asks who the engineer was.
Nate replies Keech/Norstrom of Bedford.
George asks how the town is going to be protected from the pond.
Nate replies it’ll have a guardrail around it, and a side is sloped to allow someone to walk out of the water.
John asks how deep it’ll be.
Nate: “Ten feet, with a four to one slope.”
George asks if this wetland feeds into Otter Lake.
Nate: ”Yes.”
George asks if he can see the test pit data.
Gene replies the Planning board has it.
Nate replies the Planning Board has the lot test pits, not the pond.
Gene asks if Keech looked at the fire pond test pit.
Nate replies, “No.”
John: ”Keech didn’t see the test pit, this was an afterthought the Fire Department brought up after.
Gene stated the Fire Department preferred a fire pond over a cistern.
Craig; ”Would a cistern impact the wetlands?”
Nate:” No.”
Gene states he could move it further up the hill, but it wouldn’t be available to the rest of the town, it doesn’t matter to him.
Craig: “Another location wouldn’t require you to come before us.”
John asks if anyone else has anything else they like to say.
George asks if he can leave the soils book with the board.
Craig states he’d like to see the engineer who did this, is it possible to get his opinion.
Gene replies sure, it’s possible, just more money, and that Meridian is a very professional company, and he can see that they’d compromise that.
Kevin asks why there’s no fire department input after they requested a fire pond instead of a cistern.
John asks the board if they’d like to go into deliberative session.
Roger asks John what his concerns are.
John, “It seems the Planning Board or the Fire Department haven’t seen these plans.”
Loren states we could grant the exception conditionally
Gene;” One quick point. If you grant the exception for the pond and it’s a dry hole, it only hurts me.”
Roger motions to close the public session, seconded by Craig, the motion carries.
The board discusses the merits of the case,
Roger states we’re here to grant an exception not to judge the fire pond.
Craig states it would be nice to see the results of the test pits.
John agrees.
Craig asks if it warrants a site walk.
John, Roger, Loren and Kevin state they’re available, Craig states he’s busy this weekend, but could look on his own.
John and Craig both state they’ like the FD input too.
John adds also the Planning board comment.
The board decides to do a site walk on Saturday at 9 am. Where we’ll all meet at the site.
The board further decides to continue the hearing on September 2 at 8:00 when it will also hear the road exception.
Motion made by roger to close meeting, seconded, and carried.
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