Champagne Special Exception Decision



You are hereby notified that the request of Jon Champagne for a Special Exception as specified in the Andover Zoning Ordinance, Article IX Section D2 to excavate stone and gravel on property located at 235 Salisbury Highway in the Forest and Agricultural District has been approved by a vote of 5 to 0 by the members of the Andover Zoning Board of Adjustment at its meeting on May 21, 2019.   

Reasons / facts supporting the approval by a unanimous vote of the members of the board:

1. The addition of another commercial use in the area will not change the character of the neighborhood therefore, would not impact the value of the surrounding properties.

2. Vehicles would be traveling on the state road, which are already heavily traveled, therefore not deteriorating town roads nor create a safety hazard.

3. The scale of the operation is not large and the intensity can be controlled through restrictions set forth regarding hours of operations.

4. Excavation is included in the Master Plan and the Planning Board deemed the site suitable for this use.

5. There are other properties in the area that have commercial uses.

The granting of this Special Exception is subject to the following conditions:

1. Crushing, blasting, loading and drilling will be restricted to Monday through Friday from 8:00 a.m. until 5:00 p.m. Saturdays will be from 8:00 a.m. until 12:00 p.m. for retail sales only.

2. Conformance to all applicable state permits.

3. Fencing will be installed and fencing will be maintained at the top of the site to restrict access.

4. The slope will be state approval or 1:1; whichever is less.

5. Abutter, fire department and police department will have 48 hours notification in writing prior to blasting and documentation that they were notified will be required.

6. This operation will be subject to adequate Storm Water Pollution Prevention Plan with monitoring which meets state criteria.

7. A waiver for sales applicable for state emergencies.

General Note:  The Selectmen, any party to the action or any person directly affected has a right to seek a rehearing of a ZBA decision pursuant to New Hampshire Revised Statutes Annotated (RSA) 677:2, and subsequent appeal to the Merrimack Superior Court under RSA 677:4. 

This notice has been finalized and placed on file and made available for public inspection in the records of the ZBA on or about June 6th, 2019.  Copies of this notice have been distributed to: the applicant, Planning Board, Board of Selectman, and the Conservation Committee.

Andover Zoning Board of Adjustment – June 6th, 2019