Wednesday, October 19, 2011

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Saturday, October 15, 2011

Neighbors blast asphalt plant

WINCHESTER — The asphalt plant isn’t the only problem with Mitchell Sand and Gravel, according to neighbors of the business.
An explosion detonated last week at the gravel pit on Route 10 on the Winchester Swanzey border shook windows and raised ire in both towns.
“It is very loud; it is very powerful,” said Arthur E. Beckman Jr. of Swanzey, whose home abuts the pit.
Beckman has owned his house since 2004, he said, but never had a problem with the gravel pit before it changed hands about two years ago.
In addition to the blasting, which he worries is shaking his propane tanks and could affect the groundwater and his well, he also reports an increase in dust in the air from rock crushing.
“I think the previous owners took a little more precautions,” Beckman said.
But the company isn’t doing anything that hasn’t happened at the pit for years, according to Robert Snedeker, spokesperson for Mitchell Sand and Gravel.
The new attention to the sand and gravel operation is a side effect of the publicity generated by a new asphalt plant, which attracted vocal opponents even before it started operating at the pit in August, Snedeker suggested.
The rock crusher is also in a new spot in the pit this year, he said, which might make it louder in neighbor’s homes.
The blasting is measured on seismographs, Snedeker said, and only register at a tenth of the legal limit.
“I think that they’re actually feeling an air blast, I don’t think they’re feeling a tremor,” he said of the worried neighbors.
The asphalt plant is a benefit to the region because it has driven down prices local towns and the city of Keene have to pay to pave their roads, Snedeker said. He also suggested that the complaints are coming from the same group of people who opposed the asphalt plant.
“The greater Winchester community seems to be happy,” he said, adding that the company has not received a written complaint from the town about any of its operations.
But there’s no shortage of written complaints about the company coming in to town hall, according to Winchester code enforcement officer Leroy Austin.
In addition to complaints that were already on file about odors and noises attributed to the asphalt plant, by early this week there were also new complaints from two residents about last week’s blasting, he said.
“I don’t know what’s going to happen. All I’m doing is compiling the information and passing it on to the planning board,” Austin said. “At some point the planning board is going to have to do something.”
As a property owner, Austin said he is also concerned that the blasting could affect the well at his own home.
“I don’t blame these people for complaining,” he said.
Snedeker said concerns about the groundwater supply are unfounded.
Other residents have different concerns.
Walter Hamilton lives far enough away from the pit on Route 10 that he can’t hear or smell anything, he said. But he has noticed that the birds that usually populate his yard have been absent since the asphalt plant fired up.
Vocal Mitchell critic Michael Towne has previously reported the same phenomenon.
But Snedeker dismissed the suggestion that the gravel pit or asphalt plant could be driving away birds.
“I wish we had fewer birds at the plant, because they kind of nest all over the place,” he said.

Friday, October 14, 2011

SEVEN TO SAVE WINCHESTER MAKES LIST

SEVEN TO SAVE

WINCHESTER MAKES LIST



WINCHESTER — A statewide preservation organization has thrown its weight behind local efforts to save a dilapidated 200-year-old house on Winchester’s Main Street from demolition.
The New Hampshire Preservation Alliance included the Wheaton-Alexander House, at 71 Main St., on its “Seven to Save” list for 2011.
Two buildings in the region made the list this year: the Winchester house, which has been surrounded by controversy of late, and Charlestown Town Hall, a two-story 1873 building that needs repairs to bring the second floor up to code. A small group of volunteers is advocating to return the hall to full use, according to the alliance. See related story below.
The Winchester building, which lies within the boundaries of the town’s historic district, is slated for demolition to make way for a new Dollar General store. But preservationists think it should be kept in place for the benefit of the historic district as a whole, said Maggie Stier, a field service representative for the preservation alliance and the National Trust for Historic Preservation.
“It often requires a little creative economic thinking, but we would welcome the opportunity to work with the owners and the planning officials in Winchester to make this work,” she said.
The attempt to remove the Winchester house is an example of what the preservationist group considers a statewide trend of buildings at the edges of historic districts disappearing to development, Stier said. “What happens is the next building becomes the de facto edge of the historic district. ... Pretty soon you have something like a domino effect.”
The house in question was once the residence of doctors who treated the people of Winchester in the 1800s, but it has since been renovated into a duplex and in recent decades it has changed hands several times. The current owners bought it in 2008 and it is now vacant.
The historic district commission in July denied an application by a developer hoping to purchase the property and replace the house with a new building designed for Dollar General, a national chain of discount stores.
But earlier this month the town’s zoning board voted unanimously to overturn the historic commission’s decision.
The house would cost the owners more to fix up than it was worth, board members said, and they questioned its historic value.
Stier challenged those conclusions.
“People often confuse the condition with the historic significance and they are two different things,” she said. “With the loss of that structure the character of that district would be changed significantly.”
Members of the historic commission are researching what they have to do to appeal the zoning board’s decision, according to Julia Ferrari, commission vice chairman.
The house’s position on the Seven to Save list will help, she said.
“This means that someone else — a major preservation group in New Hampshire — has looked at the building and decided that that is a major historical building of interest,” Ferrari said. “These are people who really know their stuff.”
The list names historic properties across the state that the organization considers endangered and in need of attention and resources, and “highlights the challenges that are facing New Hampshire citizens as they work to protect their historic landmarks, villages, main streets and rural communities,” according to the alliance.

Wednesday, October 12, 2011

Winchester, Asphalt plant isn’t bad

Another "opinion" letter from someone who clearly doesn't have clue what he is talking about.


Asphalt plant isn’t bad

Now hear the truth about Westport folks!
All complaints about the asphalt plant being real bad are very false. And here is why: All of the other plants in the state are way out of date and very old; they don’t pass air quality standards at all. Plus the fact that all of those plants are at least 30 years old! This new plant is state of the art and has better emissions than your own car.
There are no bad smells or big dust clouds at all. Truck traffic on Route 10 will not stop and will continue to increase no matter what. I own a business that is 30 feet from Route 10 and there is no way to remove or stop dust from entering my building.
Now, the folks in Westport are at an advantage because they are thousands of feet away from Route 10. Now, Mr. Towne has only lived in this area three years and has no clue about birds or wildlife in this part of state and he should talk to N.H. Fish and Game. None of the claims being made about birds can be proven because that takes a very long time to do.
Now for the real punch: Just about all the residents in Westport village burn wood or fuel oil, which will pollute the air quality more than the asphalt would ever dream of. To add some more facts to the story, the owners of the plant have permits in place to mine minerals, crush stone, dynamite ledge, and possess all of that material, which will be taking place no matter what the asphalt does or does not do.
I, personally, feel that this is the greatest thing ever for the entire county and state of New Hampshire. We need more industry, revenue, jobs and so on.

JOHN PASQUARELLI
234 Keene Road
Winchester

Last laugh is on residents

Pulled from the Letters To The Editor section of today's paper.

Last laugh is on residents
Winchester gets another slap in the face by their elected officials.
So the planning board has decided to let the new dollar store into the heart of our town, right in the center of our historic district. Boy, there must be a lot of upset people. Take the others who own property in the district and are not allowed to do what they want with it. Guess what? You can; all you have to do is be the boss of the planning board ... or a selectman ... or any other official in town.
This town is filled with nepotism and cronyism. There is no equality; it is just about who knows who. The current planning board should have been ineligible to vote on anything as Margaret Sharra (one of the owners of the house) has been their boss for the past 10 years. In fact, the town should remove the historic district completely. If they are going to approve one person to break the town’s law, then they should do so for all.
What a joke! The laugh is on the citizens of Winchester.
ROBERT CONRAD
11 Ashuelot St.
Winchester

Tuesday, October 4, 2011

Company Bans Six From Premises

WINCHESTER — Tension continues to build concerning a recently opened asphalt plant on the Winchester-Swanzey border.

In the latest sign of the deteriorating relationship between Mitchell Sand and Gravel, the plant’s owner, and residents who have objected to the facility, Mitchell’s attorney recently sent “no trespass” notices to a number of asphalt plant opponents.

The letters were a reaction to photos presented during a recent compliance hearing held for the plant by the Winchester Planning Board, according to Kevin D. Parsons, the Massachusetts attorney who sent the letters on Mitchell’s behalf.

Some of the photos, he said, demonstrated that someone had entered the gravel pit where the plant is located without permission. ( this is a commercial business is it not ? )

“Unauthorized people should not be going on other people’s property and some of these folks have,” he said.
 ( so where is his proof to back up that statement? )

The photos were submitted to the town’s code enforcement officer by State Rep. Daniel P. Carr, D-Winchester, and presented at the hearing by Michael Towne, who lives across from the plant on Route 10, Parsons said.

( Mr. Towne did not submit photos at the Compliance Hearing, he instead submitted a letter to the board on behalf of the residents of Winchester and Swanzey requesting that the Town's Code Enforcement Officer be present at the hearing to clarify his reports to the board and answer any questions. Mr Towne's letter to the board was ignored and never read before the board or public at the hearing.)

The letters warn that “failure to comply with this notice may result in your arrest.”

They were sent to not only Carr and Towne but other Winchester and Swanzey residents who have objected to the plant since before the town’s planning board approved its construction in the agricultural district in January.

Parsons sent six letters, he said.

 ( Including letters to a Swanzey Selectman and Winchester's Code Enforcement Officer banning them as well )

“We don’t know who was on the property, we don’t know who took the photos. But it’s clearly someone in the group that’s doing it,” Parsons said.

Towne was surprised by the letter, he said, because has never been on the plant property and has only taken photos of stack emissions that he can see from his yard.

“If they’re doing everything legit, wouldn’t they welcome the public onto the property to see that everything is on the up and up?” he said.

The plant began operating intermittently in late August, and neighbors quickly began complaining that truck noise and chemical smells were detracting from their quality of life.
( along with the constant sound of the rock crusher, backup beepers, slamming tailgates and a portable hydraulic jack hammer hammering away drilling blasting holes all day long )

“They’re worried about the water quality, and their air quality does bear a lot of noxious fumes and dust that were not there before,” said State Rep. Jane B. Johnson, R-Swanzey, who has taken an interest in the matter at the request of constituents.

Johnson contacted Gov. John H. Lynch about the plant, she said, and he advised her that the conditions of the plant’s temporary operating permit were within state laws.

As a state representative, she is thinking of encouraging a review of environmental regulations and how they compare to neighboring states’, she said.

“New Hampshire needs to make sure that its laws are such that companies can’t just come in here and get away with things that they can’t get away with in other states,” Johnson said.

Meanwhile, Towne, an avid bird watcher who reports there have been no birds in his yard since the plant first fired up, continues to keep an eye on the operation — from across the street.

Monday, October 3, 2011

Winchester historic house issue headed back to zoning board

WINCHESTER — The fate of a Main Street house will be in the balance again at the town zoning board meeting Thursday.

The board has been asked to reconsider a decision by the town’s Historic District Commission, which in July denied an application by a developer hoping to replace the 200-year-old house at 71 Main St. in the historic district with a Dollar General store.

Zoning board members have reviewed the original application as well as new information that was presented in the developer’s appeal and at a public hearing last month, according to Louis Fox, zoning board chairman.
The public hearing has been closed, and only zoning board members will be able to speak at Thursday’s meeting.

“Everything’s been pretty much said and done and it’s up to the board members to decide how they want to go from here,” Fox said.

Previous owners of the house have changed its exterior in a number of ways, eroding the building’s historic value, Zaremba Group of Cleveland argued in its appeal. The company further argued that the board’s ruling violated the property owners’ right to develop the property, which is in both the historic district and the business district.

Historic preservation activists in other parts of the state are following the case with interest, according to Linda Wilson of South Danbury, who retired from the N.H. Department of Historic Resources in June.
Officials within the state historic resources division as well as preservationists with the N.H. Preservation Alliance are “very concerned with the issues that come up with respect to zoning board review of historic district commission decisions,” she said.

Members of Historic Commissions are required by state statute to have expertise or experience in historic preservation, she said, that zoning board members are not required to share.

Wilson also argued against the idea that historic preservation is incompatible with economic development, and offered downtown Keene as an example of historic preservation money — put to use in the Chamberlain Block and Colony Block — working in conjunction with private investment to create a unique and vibrant commercial area around Central Square and Main Street.

  The zoning board will meet on Thursday at 7 p.m. at Winchester Town Hall.

Town's Ambulance Taken Out Of State

Over the weekend reports came in that the Town of Winchester's new ambulance had been used privately and taken out of state and as of today was still out of service. We held off putting any comments on the blog until this could be confirmed by several sources. This conduct, though understandable to a certain degree is unacceptable and was downright illegal. This equipment belongs to the town, not certain individuals who feel their needs exceed those they serve.
Just think of the legal ramifications if this vehicle had been involved in an accident out of state or if the necessity had arisen that it had been needed here and someone died as a result of it not being available? This conduct should result in the immediate resignation of the party or partys responsible and the pursuit of legal action to ensure this does not ever happen again. What's next, maybe renting out firetrucks for private parties with bonfires and fireworks or highway equipment to plow driveways or grade private lots?
This is just the type of thing that is typical in this town when we have people in power who feel they can do whatever they want with no consequences for their actions.

Friday, September 30, 2011

Ashuelot River Anti-Asphalt Committee Meeting

There will be a meeting of all members tonight @ 7:00pm at the Ryan's residence; 129 Westport Village Road in
Swanzey, just past the village church. Anyone interested in joining the group and/or donating to the legal fund is invited to come.

Wednesday, September 28, 2011

Mitchell's Attorney Sends Out Threatening Letters

We have received several reports that Massachusetts Attorney Kevin Parsons has sent out letters to a number of Winchester and Swanzey residents who have filed complaints with the Town of Winchester and the Department of Environmental Services, informing them that they have been singled out and threatened with arrest if they set foot on Mitchell's property. The letters were forwarded to both the Winchester and Swanzey Police Departments, making it look as though these people had done something wrong, had committed some illegal act or are a threat to Mr. Mitchell. None which is true. Their only offense was to take pictures and file complaints of illegal activity and to gather evidence of violations in a peaceful manner.  There was no evidence provided and residents also stated they had not set foot on his property at all while taking pictures as the Town's Code Enforcement Officer and State Compliance Board had requested when filing complaint to them.

Our guess Mitchell got upset at all of this exposure and this is his way of showing what a good neighbor he's claims to be. It's a real shame that no one informed him that actions speak louder than words.

What are you trying to hide Mr. Mitchell?

It's a Wonderful Day in Our Neighborhood .. A Wonderful Day ..

This sent in from several citizens in the plant's vicinity


NOT  .. when you wake up to the never ending sounds of truck and equipment backup beepers, tail gates slamming, the incessant pounding of the rock crusher, blasting and the smell of smoke, fuel oil fumes and something else that burns your eyes and throat and makes your nose water constantly wafting over your property and forcing you to go inside and shut your windows.


WE, the people who you have subjected these conditions upon wish to thank Massachusetts resident Robert Mitchell, his attorneys Silas Little and Kevin Parsons and of course the Winchester Planning Board and Winchester Selectman and last but not least, the ever lovable Leroy Austin for making all of this joy possible.



Thank you so much for ruining our livelihoods, our property values and the quality of our lives and forcing us to spend our hard earned money and our tax dollars taking you all to court for your actions in this matter. Other towns in our state have said "no" to these kinds of businesses in a populated area. A Superior Court  judge has ruled this is manufacturing and Winchester's own regulations confirm it's not allowed in Agricultural or Protected Aquifer Zones and most important of all, the EPA and DES acknowledge these kind of plants release toxins into the environment and yet you ignored all of this and bent over backwards to ensure approval for this this outsider and his smelly, polluting plant  .. SHAME ON YOU ALL !

Planning Board Approves Mitchell

At the 09/19/11 meeting, despite numerous complaints from citizens of both Winchester and Swanzey, filed with the Town's Code Enforcement Officer and the State DES in regards to numerous violations committed by Mitchell, including operating and selling asphalt commercially before he even had a compliance hearing and a passionate plea from State Representative Jane Johnson of Swanzey and another letter from State Representative Daniel Carr of Winchester, the Board, minus regular members Kim Gordon ( recused at the request of Mitchell's attorney), Jack Marsh ( absent ) and Princess Blodgett ( absent ) voted 5-0 to approve Mitchell's application even though they knew he had not complied with all of the conditions they set for him in January of this year. Dean Beaman, chair of the board, who had expressed great joy at the decision of the ZBA hearing to grant Mitchell a special exception and again at the January Planning Board meeting where he stood and applauded the Board's decision to grant Mitchell a Conditional Approval, participated in the hearings and voted, despite being asked to recuse himself for his obvious prejudice; but refused to do so saying," I will abstain from voting".
Members of the public had also asked the Board to hold off on making a decision and continue the hearings until the Town's Code Enforcement Officer was present to answer questions regarding his incomplete report given to the board on August 11th in which he stated he could not inspect certain conditions, as the plant was not running when he went there. Dean Beaman and Margaret Sharra who had accompanied Leroy Austin to the site, knew this; yet refused to relay this information to other board members and despite the board also requesting Leroy to be there at their previous meeting, didn't feel it necessary to have him present to answer questions or explain his incomplete report to the public.

The Board, on their own, without any formal request by Mitchell waived certain conditions and the time lines they had previously set and gave Mitchell until December to comply and then voted to approve his application .

Does anyone now wonder why this Board constantly gets sued? Can someone explain the rush to approve despite his not complying with all of the conditions they set for him? Was the Board rushing because the Town had committed an illegal act using asphalt from the plant to pave roads before he had his Compliance hearing and knew they had broken the law? 

Once again, the more than questionable decision by this board will lead to another expensive lawsuit and court case costing thousands, which could all have been avoided by simply waiting until Mitchell had complied with all of the conditions they had previously set for him in the time they had allotted him to do so.

Saturday, September 17, 2011

Planning Board Agenda 9-19-11



Town of Winchester
Planning Board
Notice of Meeting
9-19-11


The Winchester Planning Board will be meeting on 9-19-11 at 7pm on the Main Floor of the Town Hall for the following agenda:

1. The board will review an application for a boundaryline adjustment for Cheryl and Dana Laraba and if accepted as complete will move into a public hearing.

2. The board will hold a compliance hearing for Robert Mitchell, Mitchell Sand & Gravel, on the conditions set by the board for the asphalt plant.

3. The board will review the minutes of 8-15-11 for approval.

4. The board will discuss town counsels response to the board’s questions on substandard roads.

5. The board will discuss town counsels review of the Zoning Ordinance.

6. Any other business.

7. The Chairman’s call for adjournment.

Monday, September 12, 2011

Mitchell in Violation

For those of you who have not noticed, the asphalt plant on the site of the old P&H gravel pit has been making asphalt and selling it commercially since August 26th in violation of town ordinances and regulations and with no final approval from the Planning Board, or the State of New Hampshire.  Numerous complaints have flooded the Winchester Code Enforcements Office and the BOS with no results. Leroy Austin refuses to act and issue a cease and desist even though he knows Mitchell has not had a stack test done by the DES and won't for another 2-3 weeks if they schedule it by then or a compliance hearing by the Planning Board and his selling of asphalt is illegal. I guess we pay him to sit on his ass and do nothing. His failure to act is a disgrace and a slap in the face to all of the taxpayers who are now deeply affected by smoke, fuel oil fumes and hazardous emissions wafting over the area as far north as Ryme's Fuel and south beyond the Speedway. Many  residents of Winchester and Swanzey  and especially residents of Westport Village weren't able to enjoy their yards this past holiday weekend as fumes and smoke from the plant hung low in the air over the area all weekend. Throw in the noise from the constant beeping from trucks and equipment backing up, tailgates slamming and the rock crusher running constantly all day long it has become a real nuisance. It should not be like this, there are regulations that can be enforced; but when you have people who ignore their constituents and turn their heads and make backroom deals, you have serious problems.  We have been told through the rumor mill that the Town has entered into a contract with Mitchell to purchase asphalt for the sewer and water plant renovations and another rumor circulating is that the recently paved class 6 road in town running to property acquired by the Conservation Commission was done with asphalt made at this plant. Seems an inside deal has been reached between the town and Mitchell before he even has his hearing. For those of you who say who cares, we can think of better ways to spend your tax dollars instead of lining Barton Mayer's pockets when the lawsuits start getting filed. There are laws against subjecting neighbors to constant noise, dust and smoke and fumes from this plant, it's too bad that the Town would rather spend money defending their non-actions than honoring the oaths they took to protect the Town and it's citizens from harm.

For those of you who don't care one way or the other, perhaps the next polluter will be in your back yards ruining your property, health and lifestyle, then we'll see how much you care.

Saturday, September 10, 2011

Building is worth saving

If a little child playfully and in his ignorance of its worth, threw a family treasure into the toilet and flushed it down the sewer, it could be understood.
His immaturity and ignorance of the value could be forgiven.

Educated adults should know better than to destroy a treasure or to just look away when someone else is attempting to destroy one.
We all know that “money talks,” as the saying goes, and some people, if offered enough money, would sell their grandmother.

Fortunately, there are many educated adults who truly care about saving the history of this great country. The seven doctors who lived at 71 Main St. in Winchester could surely have written volumes regarding their joyful and sad encounters with early residents and town fathers.

This historical home is eligible to be accepted as a state historical site. Let’s get together, we interested citizens of Winchester and surrounding towns and get this building made an official historical site and eligible for state and federal grants to help pay to have it restored.
True, our country is in a recession right now, but nothing is impossible. We should make the effort. Nothing ventured, nothing gained.

My daughter, Julia put in many hours of work to get the Thayer Library in Ashuelot approved as a historical building and was able to secure a grant in order to get the building painted and looking beautiful again.

Let’s get together as responsible citizens and lovers of our heritage and find ways to make this happen.

FLORENCE FERRARIE
P.O. Box 111
Ashuelot