Planning Board Minutes for November 1st

Meeting opened: 7:04pm.

Members present: Brian Moser, Jack Marsh, Kim Gordon, Gus Ruth(SR), Margaret Sharra(Chair), and Larry Hill. John Pasquarelli and Art Charland, alternates are present. Princess Blodgett is absent.
Public: Butch Morin and Rebecca Beaman.

The board is meeting downstairs because of elections and the tape recorder is not available. K. Gordon and B. Moser are personally recording the meeting. L. Hill asks B. Moser for a copy of the tape for the board. B. Moser agreed.

Prior to the first order of business, B. Moser makes a motion and submits it in writing, “I move to reprimand the chair for the derogatory and disrespectful statement she made in reference to other board members at the last meeting. To wit, I have absolutely not one iota of faith in this board that they will think before making any type of decision at the next meeting”. K. Gordon seconds the motion. J. Marsh was not at the meeting so he recuses himself from the motion and suggests J. Pasquarelli sit in because he was an acting member at the last meeting. J. Pasquarelli sits as a member. The board discusses the motion. M. Sharra replies that she did make that statement but the discussion with that statement, is much different from the small piece quoted. M. Sharra explains to J. Marsh the discussion that went on at the last meeting in relation to going into a non public meeting. L. Hill voices his disappointment with the constant negative, obstructive behavior of some members of the board. B. Moser comments that he does not like seating arrangements. M. Sharra responded by giving an example of J. Marsh and Ken Berthiaume, in the past, having side bar conversations and the disruption it caused. The board should focus on the subject matter and avoid sidebar conversations. B. Moser thinks more information like detailed discussions should be in the minutes. M. Sharra reminds him of information she has supplied to the board on minute requirements. (Refer to LGC literature). Butch Moran, a PB? member in Richmond concurs with M. Sharra. After continued debate the motion is called, 4 no and 2 yes. Motion failed.

First order of business: John Pasquarelli will sit out as a member and Art Charland will sit in as a member. M. Sharra reads a letter, dated 10-29-10, from Attorney John Ratigan, representing Robert VanDyke (RVD), asking to postpone the hearing scheduled for tonight to 12-06-10 because of a NHDES Administrative Order, dated 10-25-10, RVD received. M. Sharra then reads a letter from NHDES to RVD citing erosion violations on his Keene Road property. It is noted DES contacted RVD in April citing him for the same violations. It appears these violations were not addressed and now RVD has 5-7 days for corrective action. It is noted both DES violation letters are not copied to the Planning Board. B. Moser requests copies of the DES letters. The Conservation Commission is informed of DES violations and G. Ruth supplies the PB with copies. When the CC gets the report from DES on whether RVD complies or not, the board PB would like a copy. G. Ruth will provide it. The violation cites an issue with the retention basin. The board believes that the basin was not put in the correct area as submitted in the plans. It may have been a temporary basin but RVD still needed approval from DES. B. Moser moves to continue the hearing until 12-06-10, with Mr. Mitchell (if necessary) to be heard first. K. Gordon seconds, all in favor.
Second order of business: Becky Beaman is present for a consult on a 155E permit. Ms. Beaman explains to the board about the agreement her father had with the Selectmen a few years ago to remove material from the Town pit (behind the cemetery). She has continued the agreement but now is informed she needs an excavation permit. B. Moser asks that if the town is going to sell the property wouldn’t the town need this material to bring up the level of the pit? Ms. Beaman explains based on recent test pit results, it appears only a certain area would require fill. She continues by explaining the agreement she has with the town. When Ms. Beaman met with M. Sharra recently, it occurred to both of them that due to the minimal material to be removed, many waivers of requirements may be applied for. M. Sharra suggested for her to come before the PB to discuss the possibility of some of the minimum requirements be waived. The disturbed area appears to be less than a half acre and the Selectmen do not want the area reclaimed.

M. Sharra reads down the list of requirements for a complete application and notes what the board may consider waiving. I.e. an engineered plan could be a hand drawn plan. The board is in agreement that some of the requirements are too stringent for the minimal disturbance she is proposing. Ms. Beaman will need to get a letter of representation from the Selectmen to apply for the permit.

J. Marsh moves for the board to agree not to hold the applicant to the express minimal standards of the earth excavation regulations due to the proposed minimal disturbance of the land, subject to all waivers be submitted in writing. L. Hill seconds, 6 yes, K. Gordon abstained.

Third order of business: Other business. M. Sharra & K. Gordon confirms SUR has reclaimed the bank on their property on Payne Road. It is noted, the board is not pleased with the pile of small pieces of piping out back of the building.

M. Sharra, Gus Ruth and L. Hill update the board on recent complaints about the noise and blasting coming from Mitchell’s gravel pit on Keene Road. These three members went to the pit this morning and met with Mr. Snedecker and Mr. Parsons to assess the situation. The complaints were discussed at that time. Mr. Snedecker states there was only one blast last Thursday afternoon, and there is not excessive noise coming from the pit. Blasting is finished for the year and the present crushing process was explained. It is noted large stone is being processed and the crusher is located close to the rock wall which may temporarily increase the noise. Workers are also temporarily using a Jackhammer. Mr. Snedecker agrees to submit a history of blasting and agrees to inform the town of future blasting. Mr. Snedecker spoke of a recent visit to the Westport Village area to determine for himself if there is an increase of noise. In his opinion the disturbance was minimal. After discussion of the matter, the board at this time, acknowledges blasting and crushing are permitted regular activities in the gravel pit. The board agrees the towns of Swanzey and Winchester should be notified of future blasting. The board also agrees the complaint of damage from the blasting is a civil matter. When the blasting logs are available the board will review them.

The board review the minutes of 10-18-10 for approval. K. Gordon moves to approve with two spelling corrections and add the names of members who did not go into the non meeting. B. Moser seconds, all in favor.
Board members would like to have the sound system looked at. J. Marsh moves to continue the hearing on site plan review regulations until the next meeting, B. Moser seconds, all in favor. J. Marsh moves to adjourn, L. Hill seconds, all in favor. 8:57pm.
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