Meeting opened: 7:02pm
Members present: Brian Moser, Larry Hill, Margaret Sharra(Chair), Princess Blodgett (V. Chair), Gus Ruth (SR), and Kim Gordon. Jack Marsh is absent. Art Charland & John Pasquarelli are alternates present.
Public: Erica Payne of SUR, Rob Hitchcock of SVE, and Julia Ferrari.
M. Sharra reminds everyone to speak into the microphones. The tape is not picking up the conversations.
First order of business: J. Pasquarelli will be an acting alternate tonight. The board continues the public hearing on the site plan application of SUR West, Inc. Rob Hitchcock reviews the application before the board. The board has received a letter of representation for both John Noonan and Rob Hitchcock of SVE to represent SUR.
B. Moser asks if Erica was aware Mr. Noonan committed to having the required reclamation done within one week of he last meeting?
Yes, she was aware but informs the board the weather did not cooperate last week and the work could not be finished, it is about ½ done. The agreed upon slope is 2:1.She explains the present status of the reclamation. She believed she had until 10-31-10 to complete reclamation. B. Moser makes it clear the reclamation has not been completed as agreed upon and he is not inclined to allow more time. The original agreement required the reclamation be completed by Oct.1, 2010. The board has been gracious in granting an extension of time but past history leads the members to question if the work will be completed. Erica Payne commits to completion by Monday 10-25-10. There is a reclamation letter of credit in the amount of $10,000.
All other issues of the application have been addressed. The board cannot approve the site plan application without the reclamation done.
M. Sharra informs the board of their options: continue the public hearing, close the hearing and issue a denial or a conditional approval. She also suggests if the board is considering an approval she would like the following conditions added: no additional buildings, tractor trailer beds, construction materials, and no storage of C& D materials unless prior approval by the board. K. Gordon adds no additional bulk fuel storage. She also suggests if the reclamation is not done within one week, the board can issue a denial of site plan review and inform the Code Enforcement Officer of the violations and request issuing a cease & desist.
B. Moser considers the suggestion and asks if SUR would agree that if they defaulted they would not appeal to superior court.
L. Hill reminds the board if the reclamation is not done by next week, the bond can be called.
Julia Ferrari asks where this property is and if it has anything to do with the asphalt plant property? No. There are no other questions from the public.
P. Blodgett moves to close the hearing, G. Ruth seconds, 6 yes, 1 no. 7:35pm.
P. Blodgett moves the reclamation is to be done within one week from today or the site plan is denied. No bulk storage of additional material, no new buildings erected without prior site plan approval, no additional tractor trailer boxes for storage, no storage of construction and demolition material and no additional bulk fuel storage will be allowed.
L. Hill seconds the motion, 6 yes, and 1 no. 7:40pm.
M. Sharra and anyone else would who would like to go, will go to the site on 10-25-10 about 3:30pm to confirm compliance of reclamation.
Julia Ferrari asks M. Sharra a question about the ZBA. Julia is referred to the minutes on the bulletin board.
Second order of business: The board reviews the minutes of 10-04-10 for approval.
P. Blodgett moves to approve with, two grammar corrections and add conversation about # of employees in the site visit section. B. Moser seconds, all in favor.
The board reviews the PB portion of the 10-07-10 minutes for approval. L. Hill absent needs to be added and add “e” in Keene. P. Blodgett moves to only approve the PB portion of the minutes with the changes, G. Ruth seconds, all in favor.
Third order of business: Other business. M. Sharra received the dates of public hearings for zoning amendments and gives them to the board. The board briefly discusses zoning amendments. Some suggestions are changes zoning boundaries to property lines instead of distance, where livestock is permitted and definition of livestock, home occupation usage not to exceed 25% of the residence, and zoning of the gravel pit.
P. Blodgett asks if the town tests for MtBE in the water supply. G. Ruth says yes and it has never been found.
M. Sharra asks the board if they would like to hire a consultant, at the applicant’s expense, for review of the hot mix plant application. B. Moser moves to hire an engineer in conjunction with the ZBA to review the applications for the proposed hot mix plant.
P. Blodgett seconds, all in favor.
G. Ruth moves to recess the public session and go into non public session per RSA 91:A3(e), B. Moser seconds. 8:25pm.
Discussion B. Moser does not agree the section (of the non public RSA) G. Ruth chose. The board discusses whether it should be (e) or (c) or non public at all. The vote is called and it failed, 1 yes, 6 no. G. Ruth moves to go into a non meeting for consultation with town counsel, P. Blodgett seconds, 5 yes, 2 no (B. Moser & K. Gordon). There will not be any discussion just relaying attorney client information. 8:40pm. B. Moser, K. Gordon and A. Charland did not participate in the non meeting.
The board resumed the public session at 8:45pm by continuing the hearing on site plan review regulations, moved by P. Blodgett, seconded by L. Hill, all in favor.
M. Sharra gives K. Gordon copies of the SWRPC comments on the site plan regulations. M. Sharra has not yet clarified existing sections vs. proposed for B. Moser. The board is reviewing the standards section, Landscaping, Buffers and Screening. There is a long discussion on amount of vegetation in buffer zones, width of buffer, caliber of newly planted trees and the amount of trees to be planted in a defined area. More information will be gathered. L. Hill recommends K8 to read as required by the PB and increase 200sqft to 400sqft.
B. Moser moves to continue the hearing on site plan regulations to the next meeting (11/1), L. Hill seconds, all in favor.
J. Pasquarelli moves to adjourn, B. Moser seconds, all in favor. 9:35pm.
Minutes respectfully submitted:
Margaret Sharra, Land Use
Minutes approved by the board on:
Minutes signed by:
Margaret Sharra, Chair
4 comments:
How do you move from a meeting to a non-meeting and under what Chapter or Statute is that allowed? As someone who has served on several boards here and elsewhere, to me what this board did wasn't legal and Gus of all people should know this.Seems there is something afoot going on at these board meetings that doesn't meet the eye here. What were they trying to keep from the public now?
When if ever does the Planning Board need to go into a Non Public Meeting? And why did it take 15 minutes for a motion to pass?
Gus goes into a Non Public EVERY week, so it's just Old Hat...Not sure he knows whether it's legal or not.
Check the new posting on the blog about Van Dyke. Obviously word has spread.
Checkout the BOS Work Session Minutes for 10/27. It looks like the selectmen are giving the departments more then they are asking for. The minutes are as vague as I have ever seen them. I would imagine there is a reason for that. The budget comm. may as well stay home. All you fixed income taxpayers get your for sale signs out.
Post a Comment