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Any and all corrections to the following minutes will be made at
the 06/19/03 Board of Selectmen’s Meeting and are considered unapproved
until then. Corrections will be noted in the minutes of that meeting.
MINUTES -
SPECIAL MEETING OF THE BOARD OF SELECTMEN
JUNE 3rd, 2003
NEWFANE TOWN OFFICE
PRESENT:
Selectmen: Piet van Loon, Gorty Baldwin, Priscilla Cotton, and Chris Williams
Absent: Gary Katz
Also Present: Charles and Hermine Bergmann, Ted Colligan, and Doris Knechtel,
Administrative Assistant.
1. CALL TO
ORDER
The Special Meeting was called to order at 7:00 p.m. Chairman Piet van
Loon.
2. REVIEW OF PENDING ACT 250 ACTIVITY
B. CHARLES & HERMINE BERGMANN - LAND DIVISION & ACCESS
Charles and Hermine Bergmann have applied to Act 250 for a subdivision
of one lot. The town is concerned about the access to the new lot on the
old logging road, which is covered under the town access permit process.
According to B. Bergmann, there will be an Act 250 hearing on Thursday,
June 12th. The time and location of the hearing have not yet been determined.
C. Bergmann explained the application that has been submitted to Act 250.
Lot #3, which is in the process of being sold to an abutting property
owner on Jones Road (TH# 52) for protection, was submitted on an earlier
Act 250 application. This lot, Lot #2, is proposed to be sold to T. Colligan
for the building on a one family home. According to C. Bergmann, T. Colligan
is going to be improving the 1,000 feet long, 12' wide lane to his home.
The “road” has been used for logging in the past. There are
plans for an additional two lots to be subdivided, but Mr. Bergmann will
not be applying for those lots until sometime in the future. There are
covenants on the subdivided lots. Utility power is to be supplied through
underground service.
The Board has continued to be concerned about the drainage onto town highway
#2, Dover Road from the existing logging road. It has been proposed to
add four new culverts to drain the water onto Lot #1 of the Bergmann property.
There are two existing culverts across the logging road. Bergmann believes
that the water will leach into the land. He has not hired an engineer
to resolve the drainage problem There is also a drainage problem coming
from the Old School House property. It is believed that part of that has
to do with existing springs behind the building. The Old School Association
has consulted with an engineer about their drainage problem.
There was much discussion about the existing road drainage and what might
work to contain the water and keep it off the road. Some of the drainage
goes into the existing catch basins and under the road and neighboring
properties. Because of the varying elevations, the water does not reach
the catch basins. Additional catch basins may be needed. Without an engineer’s
design, those present can only suggest what may work to solve the drainage
problems in the area.
P. van Loon supplied photos of the area taken during the spring run-off
time that show the water pooling next to the highway. The water has gone
over the current swale and does not hold the water back as proposed. Further
discussion will take place later during the meeting.
The Bergmann’s and Mr. Colligan were thanked for their attendance
at the meeting.
2. A. EAGLE RIVER MINING - SOAPSTONE QUARRY
David Clarkson has filed an appeal to the ZBA which indicates that a permit
for Eagle River Mining, Inc. should not have been issued as there will
be vibration from the operation beyond the property lines. That ZBA hearing
is currently scheduled for June 19th. Mr. Clarkson has also appealed to
the Environmental Court regarding the Planning Commission’s Site
Plan approval. P. van Loon cited two Bylaw sections relating to Vibration
and Noise. (Section 8, 8100- Vibration and 8900 - Noise). During the times
of the mining operation, the leaves will be out which will muffle the
sound. Also, once the mining is further into the earth, the sound will
also be muffled by the quarry walls. There will be some drilling and sawing
as well as some blasting. The section on Community Planning Goals Page
5, number 10 of the Town Plan was read. It states “To provide for
the wise and efficient use of Newfane’s natural resources; to facilitate
the appropriate extraction of earth resources; and to encourage the proper
restoration and preservation of the aesthetic qualities of the area.”
2. B. CHARLES & HERMINE BERGMANN - LAND DIVISION & ACCESS - (cont.)
Board members spoke of their concerns of the cumulative effect of the
continued subdivision of the property, the safety/fire protection concerns,
and the water draining onto the town highway. It is uncertain how emergency
vehicles will service the development with only a 12' lane. Motion was
made by G. Baldwin and seconded by C. Williams to write a letter to the
District #2 Commission asking that the town be able to speak at the Bergmann
Act 250 hearing on Criteria 5 (highways), 7 (municipal services), 9 K
(development affected public investments), and 10 (Town Plan) as well
as including lots 4 & 5 in the application. Unanimous. The Chairman
will sign and send the letter to the District by June 5th. The residential
access for the current logging road will be decided at a later date when
more evidence is received about solving the drainage problem.
3. CONSULTATION WITH PLANNING COMMISSION
Members of the Planning Commission were told of the Board concerns and
of the letter to be written on behalf of the town for the appearance at
the upcoming Act 250 hearing.
4. ADJOURNMENT
The Special Meeting was adjourned at 8:30 p.m.
Doris A. Knechtel
Administrative Assistant
Newfane Board of Selectmen
Posted: Newfane
Town Office, Newfane Store, Williamsville General Store, Williamsville
Hall and South Newfane General Store & Deli.
www.newfanevt.com
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