BRANFORD RTM SPECIAL ADMINISTRATIVE SERVICES COMMITTEE MEETING
Tuesday, December 12, 2006
Canoe Brook
Meeting Minutes - Unapproved
In attendance:
Bob Cromer, Dottie Maynard, Michael Nardella, Kurt Schwanfelder, Gail Chapman Carbone
Absent:
Lisa Avitable, Janet Doyle
Meeting commenced at: 7:40pm. Meeting adjourned at:9:25pm
1. To continue to review issues with respect to the Stony Creek Quarry Lease/Addendum in preparation for a presentation to the RTM.
Notes/Comments:
Gail Chapman Carbone began the meeting by reading a letter sent to her by the Executive Board of the Stony Creek Association by Peter Brainerd, President, requesting that The RTM Administrative Services Committee remember to consider the Stony Creek residents concerns of:
1. The hours of operation of the quarry be limited out of consideration for the effect of noise on the residential areas surrounding the quarry.
2. The volume of truck traffic also be limited out of like consideration for the safety and noise impact on those living along the roads leading in and out of the quarry.
3. Some means stipulated in the lease for ensuring that the quarry is indeed being used primarily for the excavation of dimensional stone, secondarily, its necessary by-products and that no material of any kind be introduced to the site.
Gail advised that these points were well addressed in the list of suggested changes and additions to the lease and addendum 3.
Next, the Committee and members of the public reviewed and discussed, as necessary, each item on the list of suggested changes and additions to the lease and addendum 3 to determine if the items and associated wording were still appropriate and/or needed to be removed or modified. See attached for the results of our collective efforts.
The next step in this process is to provide this document to Attorney Shelley Marcus, who will then schedule a meeting with Doug Anderson and his attorney, Kurt Schwanfelder and Gail Chapman Carbone to review the list of suggested changes/additions to the lease/addendum and to obtain his comments. Afterwards, a special meeting of the RTM Administrative Services Committee and the public will be called to review Doug’s comments and address his issues and concerns. Once this process is completed, and Doug, the Committee and public agree on the contents of the proposed lease/addendum, the changes and suggestions will be forwarded to Attorney S. Marcus to transcribe into legal terms. Once completed, another special RTM Administrative Services Committee meeting will be called to review the document.
Once everyone concurs with it, it will be presented at the full RTM meeting for recommendation of approval.
Gail thanked her Committee and members of the public for their continued assistance in working through all of the issues involved pertaining to the Quarry Lease and Addendum 3.
The next meeting date to be determined.
Respectfully submitted,
Gail Chapman Carbone
Chairperson – Administrative Services
Branford RTM
December 12, 2006
Branford RTM Special Administrative Services Meeting
Suggested Changes and Additions to the Lease and Addendum 3
The Stony Creek Quarry Lease – As of December 12, 2006
1. On page one of the lease in the paragraph that begins with: “The Lessor also grants . . .,” the third sentence that reads, “Said premises to be used and occupied only for the purpose. . .” To be replaced by, “Said premises to be used and occupied solely for the purpose . . .” Continuing with this same sentence, “….types of granite and stone including rip-rap and other by-products (add) originated from the lease premises and promotion of the Quarry as historical…..”
2. Article 9 of Addendum 3 should include a paragraph stating that sub-lessees are subject to the operating conditions set forth in the lease and addendums.
3. Ensure that special interest folks (i.e. the current sculpturer, light shows, artists, etc.) will be able to continue to have access to the Quarry via a special permit that is accepted by the Lessee, reviewed by the Parks and Open Space Commission who recommends approval or denial of the special permit to the Board of Selectmen.
4. In addition, Sub-leases must be in writing for review and recommendation of approval or revisions by the Parks and Open Space Commission and then approved by the RTM.
5. Article 12 should be removed.
6. The following could be a replacement paragraph for Article 12 or could be incorporated in Article 5 as parameters for the Lessee’s Operations Plans.
A new paragraph entitled “Operation Limits” should be added as follows:
The Lessee shall conduct quarrying operations within the following limitations on production and shipment of quarry products:
A) Quarry operations shall be limited to daytime hours between 7AM and 5PM, Monday through Saturday. Other work that is necessary to support quarry operations will be allowed during non-business hours as long as they do not generate undue noise and traffic.
B) Trucking of product from the quarry shall be limited to daytime hours between 7AM and 5PM, Monday through Saturday and Lessee will make every reasonable effort to avoid interfering with commuting and school bus traffic in the morning and afternoon.
1. Lessee will work with the State Department of Transportation and Branford Town Police Commission to monitor and enforce speed limits and safety issues. For example, clearly posting speed limits, “Watch Out for Children” signs, etc.
C) Make best efforts to limit the use of “Jake” brakes on trucks that are part of quarry operations and access Stony Creek roads (put into a 3 to 5 year Operations Plan).
1. Lessee will work with the State Department of Transportation and Branford Town Police Commission to monitor and enforce speed limits and safety issues. For example, clearly posting speed limits, “Watch Out for Children” signs, etc.
D) Encourage Lessee to make best efforts to communicate to drivers and others who access the Quarry regarding issues involving safety: such as following posted speed limits, watching out for pedestrians, cyclists, children, animals, etc.
E) No more than twelve hundred (1200) tons of material can be trucked out of the Quarry per week, not to exceed thirty thousand (30,000) tons of material in a given calendar year. (Put into a 3 to 5 year Operations Plan).
F) The source of stone for crushing shall be from existing piles of waste on the property or waste generated by new quarry operations.
G) The mining of stone from the quarry ledge shall be solely for the purpose of obtaining dimensional stone for building blocks, veneer, slabs, etc. but not specifically for stone crushing. Include a definition of what dimensional stone is.
7. In many places in the lease and addendums the Lessor retains the right to inspect, review and in general conduct oversight of the quarry operations. However, except for article 2.3 of Addendum 3 the town department or official responsible for review or oversight is not specified. Somehow those responsible should be specified and it should not be left to occasional tours by interested parties to perform this important oversight of responsibility.
A) The suggestion of the Committee and Public is that the Parks and Open Space Commission oversee the Quarry Operations and acts in the best interest of the public and the Lessee. The Parks and Open Space Commission reports to the Board of Selectmen regarding Quarry issues. This would mean a modification in the Town Code Book.
B) Quarterly reports prepared and submitted by the Lessee to the Parks and Open Space Commission for review.
8. Transferable lease provision/sub-leasing: A non-transferable lease should be required. No sub-leasing or transfer of lease without prior RTM approval.
9. Lessee’s preliminary Operation Plan to be submitted by mid-January, 2007.
10. Other Considerations:
A) Work with the RTM Rules and Ordinances Committee to review and if appropriate develop ordinances that address noise issues, signage, etc.
B) Keep in mind that Lessee may have special needs at given times, and is to be encouraged to work with the Parks and Open Space Commission, Board of Selectmen, and public for the good of all involved.
C) Consider including remedies if Lessee fails to comply with any items of the lease/addendum 3.
Respectfully submitted,
G. Chapman Carbone
Chairperson – Administrative Services Committee
Branford RT
December 12, 2006
| 
