Gravel contractor fined for violation of stop work order
The Dresden Planning Board issued a $625 fine Tuesday to Chelsea contractor Dick Condon for violation of a stop work order.
"I issued you a verbal stop work order on Aug. 24 and you were out there on Friday, Saturday and Sunday. You were still doing it," said Code Enforcement Officer James Valley. “That is a clear violation.”
Condon was before the board for a preliminary review of an application to operate a gravel pit on 10 acres of back land bought from resident Andy Krechkin. Krechkin had been operating a pit for several years without a permit and had been issued two previous stop work orders.
Valley said that residents and town officials had witnessed gravel being hauled out of the pit over the weekend in violation of the stop work order.
Condon said it was not his truck that was working there, but another contractor.
"I didn't give him permission,” said Condon, who said the contractor was probably taking gravel from land retained by Krechkin.
Board chairman Jeff Pierce said that he personally observed truck tire tracks leading to Condon's property.
"Stop work means stop,” said Pierce. "We said no gravel was to come out of there.” The board voted 5-1 in favor of the fine.
Condon presented the board with a rough sketch of the property, an unsigned deed, and proof of deed insurance.
Pierce said that the board would require a signed survey by a certified surveyor, a copy of the signed deed, and information about setbacks, ground and surface water locations, and a bond to insure that Ludwig Road would remain undamaged by heavy truck traffic. The process would also include a site walk and a formal public hearing, he said.
Several residents objected to the project in terms of safety and the inadequacy of Ludwig Road for gravel truck traffic.
Property owner Gary Getchell said that he had measured the width of Ludwig Road to be as little as 14 feet. He said that gravel trucks measured between eight and 10 feet, thus making it nearly impossible for two to pass safely.
Resident George Chapman said that several children living on the road would be put in danger by trucks coming down a steep section of the dirt pavement.
"There is no way he will be able to stop," said Chapman.
Spa owner Emily Estes said that her clients would have issues with the noise of gravel trucks past her house.
"Safety is paramount,” said Estes.
Condon said he was most concerned about a 50-foot setback requirement from the adjacent properties for his access driveway to the pit. He said his right-of-way is only 100 feet wide.
Pierce suggested that he might be able to obtain the additional land from Krechkin to meet the requirement.
Selectman Alan Moeller said any waiver of the setback requirement would have to be approved by the appeals board.
Adjacent property owner Debra Swift said that she would not be willing to waive the 50-foot setback.
Condon said he would also have difficulty in keeping storm water from running onto the neighbor’s property given the slope of the road.
Pierce said that Condon could consult with an engineer and submit a runoff plan to go along with his application. He said that the board could review Condon's application at a special meeting on Sept. 15 if ready, but if not, the board would meet at its regular time on Oct. 6.
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