The Jaffrey Zoning Board came to a compromise decision on a variance to permit a topsoil screening business on Hadley Road, allowing the business to continue with more restrictive hours than initially proposed.
The board began a public hearing on the variance, requested by business owner Ed Van Blarcom, on Tuesday, and continued it to allow for a site visit and deliberations on Thursday. The board met at Van Blarcom’s property on Hadley Road to view the site, witness the screener in action, and take sound measurements before reconvening at the Town Hall to deliberate.
Van Blarcom has been running the business for 23 years, his attorney, Jason Reimers, told the board. The Van Blarcom’s neighbor, Charlie Moore, submitted a complaint about the business operating in the rural zone after he claimed the business has become more disruptive over the past few years.
ZBA Chair Walter Batchelder said the case presented a “conundrum” for him, and that he was sympathetic to both Van Blarcom for wanting to earn a living, and to Moore for wanting to preserve his peace. He said he sought a resolution both would be happy with, but said it was more likely that “somebody will go home at least partially upset.”
“I’m just trying to find some middle ground here, and I’m not sure there is any,” Batchelder said.
During the site visit, the board watched as Van Blarcom ran the machine to screen a load of topsoil taken from a field. He told the board that the machine has logged about 43 hours since April, 2024.
The board quizzed Van Blarcom on how much he would have to run the machine to remain profitable. In an agreement reached between Van Blarcom and Moore at one point in the proceedings, Van Blarcom had initially proposed a limit on the use of the screener from Monday through Thursday, between 9 a.m. and noon.
ZBA member David Pergallo suggested that limiting the number of days the screener could operate to twice a week would provide more time than Van Blarcom was typically using the screener, based on the hours he’d logged in the past 18 months.
The board discussed setting specific days, but settled on allowing up to two days a week for the screener, from Monday through Thursday, from 9 a.m. to noon, to allow Van Blarcom flexibility.
The board discussed what other limits might be placed on other aspects of the operation, which includes the operation of heavy equipment and loading and unloading of the screened soil and loam.
They proposed that delivery of soil or loam can occur from Monday through Friday from 8 a.m. to 4 p.m., and pick up of soil or loam can occur from Monday through Saturday from 8 a.m. to 5 p.m. The business will be allowed to run from April 15 through Oct. 31.
The business can only operate one screener at a time, and the capacity of the screener cannot be larger than the current machine owned by Van Blarcom.
The board also placed conditions that business traffic will only access the property from Old Sharon Road, which exits out onto the highway without passing any other residences.
The board asked if those conditions were amenable to Van Blarcom, and he agreed that they would be. They asked if they would satisfy Moore, who also agreed they were “quite reasonable.”
With those conditions, the board voted unanimously to approve the request for a variance.
Ashley Saari can be reached at 603-924-7172 ext. 244 or asaari@ledgertranscript.com. She’s on X @AshleySaariMLT.