Westmoreland Planning Board

Minutes

December 8, 2009

 

Present: Lauren Bressett, Laurie Burt, Jim Starkey, Bob Harcke, Bruce Smith, Nancy Zeller Russ Kotfila, Jim Ranson.

 

Members of the public were present.

 

Laurie Burt called the meeting to order at 7:05PM.

 

Minutes of November 10, 2009: Jim Starkey moved to accept the minutes as written. Russ K. seconded, motion carried unanimously.

Minutes of November 24, 2009: Jim Starkey moved to accept the minutes as written.  Bruce smith seconded, motion carried unanimously.

 

Laurie Burt passed the chairmanship to Lauren Bressett.

 

NEW BUSINESS:  

 

Public Service Co. of New Hampshire hearing for the purpose of trimming and removal of trees on Paine Road and any other scenic road within Westmoreland pursuant to RSA 231:158. Nancy Zeller, as abutter, excused herself from the discussion; Jim Ranson, alternate was appointed as her replacement.  David Crane, Arborist for PSNH provided an overview of the rational and process of trimming and removal of trees.  PSNH is in the 4th year of a 5 year trimming cycle in the Southern part of town.  Asplundh is contracted to contact affected landowners prior to any work being done. Discussion followed about the trimming process and practice.  Lauren asked for clarification as to arboricultural practices followed and inquired to what recourse the Town has if there are concerns after the cutting has been completed.  Mr. Crane stated that the Town should contact him directly with questions or concerns.  Laurie moved to allow PSNH to proceed with the necessary trimming. Jim Starkey seconded, motion carried unanimously.

 

Nancy Zeller was reseated.

 

Cersosimo Industries, represented by Michael Cersosimo and SVE representative, Andrew Geffert, were present for the review of the Site Plan Application submitted for a new pit on River Road, Map R1, Lot 20, in the RR district which will result in the expansion of the existing, adjacent Cersosimo Gravel Pit, Map R1, Lot 19, in the RR district and for changes to the final grade of the existing pit.  The application was reviewed using the Westmoreland Site Plan Review Checklist.  I. Plat Submission Items: A) 3. seal of plat preparer missing. B) 1. special exception in process with Zoning Board.  C, D, E, F, G, H, I complete. J) 2. Confirmed that the existing pit is grandfathered at 50’ with the new pit having a buffer of 200’. K) 2. Mr. Geffert stated that the existing Performance Bond from 1992 is still in effect. Further discussion is needed relating to a Performance Bond for the new pit.  Other) 4. Zoning Board approval is needed as well as input from the Conservation Commission. The review continued using the NH Excavation Regulations Application Checklist pursuant to RSA 155-E. 1, 2 complete. 3) b. preparer signature needed. h. Conservation Commission has noted that the property is over an aquifer. p. Mr Cersosimo stated that all repairs except for minor items such as a flat tire are carried out off site. 4) a. signature of reclamation designer missing. e. Timetable discussion.  Mr. Geffert stated that it is addressed in the Excavation of Terrain permit issued. The Board notes that it may be needed for approval. The meeting continued with the review of the Operating Standards Checklist pursuant to RSA 155-E. 1) complete. 2) noted that in one instance the excavation is slightly under 150’ but that relates to the grandfathered excavation. 3, 4 complete.  5) Fuels - Clarification requested. Mr. Cersosimo stated that only fuel for the loader is on the property, stored in a portable tank as regulated by the NHES. 6, 7, 8, 9, 10 complete. 11) The excavation is permitted by Special Exception by the Zoning Board which is in process. 12, 13, 14 complete. 15)  …deterioration of highways… Discussion ensued. Lauren asked about average trips per day. Mr. Cersosimo stated that to date, the month of June had the highest trip per day with an average of 14 and the highest being approximately 16. Mr. Cersosimo also stated that traffic is dictated by product demand. It was noted that there will not be more active face than is currently being worked, so that traffic will stay the same as it is currently. 16) complete. 17) …damage to known aquifer… Conservation Commission to review. The review continued using the Reclamation Standards Checklist pursuant to RSA 155-E. 1, 2 complete. 3) …stump removal… Discussion ensued with Mr. Cersosimo stating that there is no plan to bury stumps or vegetation on the site.  He noted that they have a registered stump dump in Vernon. Stumps cannot be left on the River Road site according to current reclamation standards. 6) complete.

 

Nancy Zeller moved that the application be accepted as complete for the purposes of proceeding with consideration and making an informed decision. However, additional information shall be requested as necessary and must be submitted to complete the review and act on the application which currently includes:  signatures on the plan, stamp of the engineer, approval of the Zoning Board, Performance Bond approved by town’s Counsel, Conservation Commission comment and a timetable as to fully-depleted sites within the project area.  Action on this proposal shall occur by February 17, 2010 subject to extension or waiver.  Laurie Burt seconded the motion. No further discussion was had. Motion carried unanimously. 

 

The Board moved on to the consideration of regional impact.  Nancy Zeller stated that she believes that this application is subject to regional impact due to the properties proximity to Chesterfield.  Lauren Bressett stated that she believes that the water flow from Westmoreland into Chesterfield also constitutes regional impact. Jim Starkey inquired to the steps necessary after declaring regional impact.  Lauren stated that the proceeding would halt allowing time for notices to be mailed to both Chesterfield and SWRP and would be continued at a later date.  Nancy Zeller motioned to accept the application subject to consideration of regional impact according to RSA 36:54-58 based on the proximity of the project being within 1000’ of two municipalities and the flow of water out of Westmoreland into Chesterfield.  The motion was seconded by Russ Kotfila.  No further discussion was had.  Bob Harkey abstained from the vote.  Lauren, Russ K., Nancy, and Bruce voted in favor. Jim Starkey and Laurie opposed.  Motion carried.  Lauren asked the board their preference for date of continuation. Nancy Z moved that the application review be continued at the January 12, 2010 meeting.  Seconded by Russ Kotfila.  Motion carried.

 

Molly McMillan - The Board confirmed that a site plan is not necessary for Molly McMillan due to the fact that her property located on Owls Hill Road, Map R12, lot 79 is in the Forestry Residential zone.

 

OLD BUSINESS: 

 

Joint Zoning and Planning Review – The board had a discussion with Peter Remy regarding the best procedure for special exceptions when both Planning and Zoning approval is needed. No decision was reached. Lauren will research this with SWRPC and the LGC.

 

Review of Town Ordinances will continue as a work in progress throughout 2010.

 

Lori noted that deadlines may be an issue for some subdivision approvals to be filed with the Registry. She was directed to write a letter letting the applicants know that their approval will be voided if they do not complete registry.

 

Lori and Lauren will work with Tina Cutter to have approved processes consistent in printed materials in the Town Office and on the website.

 

SELECTMENS UPDATE:   Russ K. stated that the Selectmen approved adopting RSA 31:105.

 

Meeting adjourned at 9:20PM

 

Respectfully submitted,

Lori-Anne Ingram

Secretary

 

(unapproved minutes/lai)