NEW SCOTLAND — The planning board here on Tuesday approved an application to build a nursery in the hamlet of Unionville, after members debated the appropriateness of both log-splitting and Sunday truck noise on the site. A month earlier, neighbors complained that the use was too intense for the area and would affect them.

The board also approved a family’s application to have backyard chickens after neighbors spoke out requesting restrictions on the birds.

Nursery 

Matthias Keib, an owner of DJK Holdings, came before the board in April to request the use of 15.6 acres at 1120 Delaware Turnpike as a nursery for plants — a use allowed in the residential hamlet zone. Keib also applied to build a 24-by-24-foot pole barn on the property to be used for sales.

Keib returned for a public hearing on his application in May, and it was continued to last week’s June planning board meeting.

“I have no problem with it,” said longtime planning board member Robert Stapf earlier.

Previously, the board asked Keib to provide a more detailed site plan and photos of the proposed building, which Keib gave the board at the initial hearing.

Keib owns a tree service in Delmar, down the road near the Bethlehem High School.

Keib plans to move his firewood production to the New Scotland parcel, he said, and produce compost or topsoil. He said in April that he would not use composting processors that run on 1,000-horsepower engines, but that he would use a screen that uses a 100-horsepower engine.

The board approved the application with the condition that no tandem-truck traffic enter or leave the site on Sunday before 1 p.m. because of a neighboring church.

“The zoning use is allowed,” Planning board Chairman Charles Voss said previously. “The problem is that it may be an intense use of that parcel.”

On Tuesday, Voss asked Keib what he would do if, in the future, his business was so intense that the church asked him to stop.

“We’d be looking to move out,” he said, noting that such intense use would mean the business was doing well.

“My name is Matthias. I’m not going to tell them to go away,” Keib said, referring to the Christian apostle.

Planning board attorney Jeffrey Baker said previously that town code requires that a nursery limit off-site materials to be less than 50 percent of its sales.

“They have to grow, on site, at least 50 percent of their materials,” he said.

Baker and board member Jo Ann Davies said they were concerned that firewood production did not meet the town code’s definition of what is allowed in a nursery operation.

“The bulk sales are fine,” Baker said, “except for the firewood.”

“I’m still struggling with it,” Davies said.

“Our code can be quirky,” Voss said.

“To bring him in another month would be unrealistic,” Stapf said. “The building department needs to make a determination.”

Code enforcement officer Jeffry Pine said that he was unaware of the proposed use for firewood production, and that he would have advised against the approval of the application if he had initially known.

Keib told the board the wood processing and sales would take place three months each year, creating 180 cords of wood.

“It’s a relatively small wood operation,” said planning board member Justin Perry.

“The site sits very far back from the road,” Voss said.

The planning board approved the application, but did not allow commercial wood chipping on the site; firewood splitting and processing is to be allowed only if determined so by the building inspector. DJK Holdings must also maintain the present screening behind the adjacent church.

Right to farm restricted

The board held a public hearing for a special-use permit application by Christopher Dowd, Patricia Putnam, and their daughter, Gabrielle Dowd, 12, to have six to 10 hens in a small, mobile chicken coop on their 1.2-acre New Scotland Road property.

The board said that chicken feed must be stored in a secure metal container.

“No roosters,” said Davies.

Attorney Jacqueline Spratt, whose sister lives near the Dowds, spoke at the hearing and asked for several restrictions on the chickens, including a 10-hen limit, no roosters “for obvious reasons,” no storage of manure, and no commercial activity.

“If they want to sell the eggs, we ask that we be notified,” she said.

She also asked the board not to allow any enlargement of the chicken coop.

According to New Scotland’s right-to-farm law, “farming is an essential activity” that “reinforces the quality of life enjoyed by residents; provides locally produced, fresh commodities…preserves the rural character; and generates economic benefits to our community.”

The planning board approved the Dowds’ request, with the condition that the hens always remain contained on all sides.

Christopher Dowd asked if he could sell excess eggs to friends.

“Ten hens won’t generate a lot of eggs,” Voss said.