Testimony continues at hearing for BHT proposal in Andover

ANDOVER TOWNSHIP — The Land Use Board continued to hear testimony for a proposed construction storage facility on Stickles Pond Road, as attorneys for the applicant and residents clashed over numerous questions posed to the witness.

Board members also voted unanimously at Tuesday's hearing to hire an environmental expert to review the application submitted by BHT to use the approximately 100-acre property to store construction equipment such as bulldozers, dump trucks and excavators.

Elizabeth Durkin, who represents residents neighboring the proposed site, questioned Marielle Sainz,  chief of operations for BHT Construction, for several hours. When Sainz was asked about her job history prior to joining BHT about a year and a half ago, she said she worked construction sites similar to the one proposed in Andover. 

Sainz said she oversees four active sites owned by the BHT— one each in New York, Minnesota, California and Florida — with a fifth, in Maryland, set to begin operations next month. While the current sites include three storage containers across the four properties, the plan in Andover calls for anywhere between 500 and 1,000 containers measuring 40 feet in length.

Durkin grew frustrated with numerous objections raised by Roger Thomas, the attorney representing BHT, regarding her questioning as the hearing went on. Thomas said the line of questioning, which attempted to clarify the site's layout and day-to-day operations, was not relevant to Sainz's role at the company.

Durkin, meanwhile, said the questions were relatively simple in nature. She expressed concern when Sainz was not able to provide specific information on how much material will be stored in containers and how it will get to and from the site.

"Right now, I'm just trying to ask basic questions of operations," Durkin said. "I did not offer this witness as the operations/facility manager for BHT Construction; the applicant chose to put this person here. And quite frankly, the board should be dismayed that basic questions of operations can't be answered."

Sainz said employees on the site, between 10 and 20 at a time, would be better equipped to address logistical matters brought up by Durkin.

"With regards to storing the pipe in the containers, I will speak to my construction crew and ask them how they would like to store it in there," Sainz said. "They would be the ones who would have the knowledge on how to load and unload that into a container. They're the ones daily on site, and I will speak with them and I can get an answer for you."

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Thomas said Chris Nusser, an engineer representing BHT's application who testified in July, would be able to answer some of the questions. Nusser did not testify asSainz's testimony ran long. He is expected to be available at the next hearing.

Board members voted to retain an environmental expert in response to a July letter from the Andover Township Environmental Commission, which raised various concerns about the impact the proposed BHT facility may have on the property and surrounding area. 

Board Chair Paul Messerschmidt said the expert will be paid using funds from the township's escrow account and will not cost taxpayers additional money.

The board is also open to a possible new location for future hearings at the request of BHT officials. The Hillside Park barn was able to accommodate a larger crowd during the COVID-19 pandemic, but with capacity restrictions no longer in place, Thomas said the applicant hopes to find a venue with better acoustics and lighting.

BHT representatives will discuss the matter with the board at its next regular meeting, scheduled for 7:30 p.m. Dec. 7, at the Andover Township Municipal building.

"No substantive proceeding will take place at that Dec. 7 meeting. No testimony will be heard," said board attorney Tom Molica. "Rather, the applicant and the board will determine when the next hearing date will be and where it will be."

The company's proposed site plan is significantly different from the auto auction and storage facility that was first submitted in early 2020. The new proposal, which was first announced at the Land Use Board's March meeting, is listed as a "construction business office and construction equipment and material storage facility" that is permitted use in the zone where the property is located.

The site plan calls for BHT to use the approximately 100-acre property to store construction equipment such as bulldozers, dump trucks and excavators. The facility would also include aggregate construction materials no more than 8 feet tall as well as storage containers 8 feet, 6 inches high to hold fencing and piping.