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08-13-09 ZBA Minutes Workshop

October 28th, 2009

ZBA WORK SESSION
August 13, 2009
7:00pm

Present: ZBA: Joan Karpf, Bill Dowling, and Jim Early
Planning Board: Evan Karpf and Donna Foster

The following recommendations were made by the members present.

In regards to Excavations;

Include the following definitions:

“Earth” means sand, gravel, rock soil or construction aggregate produced by quarrying, crushing or any other mining activity or such other naturally- occurring unconsolidated materials that normally mask the bedrock.

“ Dimension stone” means rock that is cut, shaped or selected for use in blocks, slabs, sheets, or other construction units of specified shapes or sizes and used for external or interior parts of buildings, foundations, curbing, paving, flagging, bridges revetments, or for other architectural or engineering purposes. Dimension stone includes quarry blocks from which sections of dimension stone are to be produced. Dimension stone does not include earth.

“Excavation site” means any area of contiguous land in common ownership upon which excavation takes place

“Excavation area” means the surface area within an excavation site where excavation has occurred or is eligible to occur under the provisions of this ordinance.

“Incidental Excavation” means excavations that are exclusively incidental to the lawful construction or alteration of a building or structure, parking lot or way including a driveway on a portion of the premises where the removal occurs. It may also include agricultural activities, normal landscaping or minor topographical adjustments.

In addition, where necessary, the term “gravel pit” or “commercial removal of earth” should be replaced with the term excavation.

In regards to Article VI Excavation of Earth Resources, the ordinance is set up to authorize the ZBA to approve the site plan and grant permits for excavations. According to the ordinance the PB is consulted for review, however, because 155E preempted our ordinance, our town attorney has informed the ZBA and PB Chairs that she understands the Regulator to be the Planning Board. Since the PB is not involved in the process, as designed by our ordinance, it is difficult for them to Regulate on going excavations, so evidently a correction needs to be made to the ordinance. While the ZBA is prepared to take on the role of the Regulator, we are also willing to entertain the passing of