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Mr. Banner asked Mr. Barickman what he did, and Mr. Barickman replied he bought equipment <br />and started doing it himself. <br />Mr. Banner asked Mr. Barickman if clearing the parcel on his property was how he got into the <br />business of selling rock, and Mr. Barickman replied yes. Mr. Banner asked Mr. Barickman how <br />long he had been clearing rock off of his property, and Mr. Barickman replied a little over two <br />years. Mr. Banner asked Mr. Barickman if once the rock is removed was it his plan to build a <br />home on his property, and Mr. Barickman replied yes. Mr. Banner asked Mr. Barickman if after <br />the land is cleared would he discontinue the rock removal operation, and Mr. Barickman replied <br />yes. Mr. Banner asked Mr. Barickman if prior to the special use permit application being <br />submitted if he had any complaints about the operation he was doing. Mr. Barickman replied in <br />July, 2011, he received one complaint from a neighbor, Mr. Curtis. He left a message on his <br />home telephone and he returned the call that night. He said he had some concerns so he went <br />to his house and found out his concern was the amount of noise the excavator was making. <br />They were in the road building stage and from where his gate is to where the rock is contained <br />one -third of a mile of road he had to build. The noise from the excavator with the track running <br />over the rocks was loud. He worked out a deal that was favorable to both of them. Mr. Banner <br />asked Mr. Barickman if Mr. Curtis' complaint had to do with the construction of the roads, and <br />Mr. Barickman replied yes, not the excavator. Mr. Banner asked Mr. Barickman if the <br />Department of Public Works had a problem with the original special use permit. Mr. Barickman <br />replied the original haul route was going south out of Mariposa Road and Zorn Road and the <br />problem was the width of the streets and the amount of sharp turns involved in getting the rocks <br />down to Boulder Avenue and out to Highway 165. Mr. Banner asked Mr. Barickman if it was an <br />additional concern that the frequency of the hauling wasn't specified in the application. Mr. <br />Barickman replied the original application was open -ended and after meeting with them they <br />modified the amount of loads, agreed to the new haul route, and adjusted the hours. The <br />original adjustment had to do with working at night and they came back the next day and said it <br />was dangerous and suggested the hours they agreed upon. Mr. Banner asked Mr. Barickman if <br />he modified his original application to limit the number of days he would be hauling. Mr. <br />Barickman replied yes, noting the original application was for seven days and part of the issue <br />was the park usage even though there was slight traffic Monday through Friday with more <br />people in the park on weekends, noting they agreed to Monday through Friday. Mr. Banner <br />asked Mr. Barickman if he agreed to limit the number of times they would haul anything from the <br />property through the park. Mr. Barickman replied yes, noting the original application was open - <br />ended and they agreed on 15 loads per week, ten loads twice a day with the Ford F350 and a <br />trailer, and three semi -loads per week. Mr. Banner asked Mr. Barickman if in the two years of <br />having the operation, prior to filing the application, was there ever one week they actually <br />hauled rock out five days a week three times a day or more, and Mr. Barickman replied no. Mr. <br />Banner asked Mr. Barickman if he was correct in saying the reason the application was stated <br />the way it was would prevent him from being in violation if he hauled on a Tuesday instead of a <br />Wednesday, Thursday, or Friday, and to have the availability of those days of the week, and Mr. <br />Barickman replied yes, not using Saturday or Sunday. Mr. Banner asked Mr. Barickman if he <br />ever anticipated having three trucks a day five days a week, and Mr. Brickman replied it was <br />hard to say, but no more than that. Mr. Banner asked Mr. Barickman if it ever happened in the <br />past, and Mr. Barickman replied no. Mr. Banner asked Mr. Barickman how familiar he was with <br />the park and the route he was proposing through the park. Mr. Barickman replied he had lived <br />in Rye for 25 years and for the past 15 years he used the park a lot prior to the rock operation or <br />buying the proposed site. In the last couple of years, he has been in and out of the park 250 <br />• times. Mr. Banner asked Mr. Barickman if they were public right -of -ways, and Mr. Barickman <br />replied yes. Mr. Banner asked Mr. Barickman if the route he was proposing to use passed by <br />the ball park located in the park, and Mr. Barickman replied no. Mr. Banner asked Mr. <br />5 <br />SPECIAL USE PERMIT APPEAL NO. 2011 -002 <br />STAFF REVIEW 11 -30 -2011 <br />-DRAFT MINUTES- <br />PCPC <br />EXHIBIT NO. <br />3 cont' <br />11 -15 -2011 <br />