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08/13/09 PLBD 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 authority of site plan approval and permit granting over to the Planning Board by town vote.
Additional definitions requested:
Condominiums
Duplex Housing
Multifamily Units
Utilities: what they include
Mobile Home vs Manufactured Home
Junkyard
Corner Lot
In regards to Stan’s comment on:
RES2 “May be a little restrictive”. It was understood by the members present that the BW master plan defined the density.
305.2 “Is this intended to be an architectural review requirement” Response: Standards Applicable to Special Exceptions refer to safety issues. The architectural review refers to the intent of the ordinance to maintain the rural qualities of the town.
Finally,
It was noted that the parking requirements in the PB regulations were in conflict to the ordinance requirements.
Junkyards were not listed in any zone and may be considered a special exception.
The location of Public Hearing notifications in regards to local newspapers, is in conflict and needs to be clarified.
Meeting adjourned at 9:00 pm