Westmoreland Planning Board

July 13, 2010

Un-approved

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

Excused absence: Nancy Zeller

Jim Ranson served as a voting member in the absence of Nancy Zeller.

Chairman Bressett called the meeting to order at 7:04PM.

Members of the public were in attendance.

Minutes of June 8, 2010: Bob moved to accept the minutes as written. Jim R. seconded. All voted in favor.

Old Business:

The Cersosimo Industries Hearing was reopened for the purpose of reviewing the final Holden Engineering report received and dated July 13, 2010. Chairman Bressett noted that copies of the report were available for the public to purchase at the cost of $1.00 per page. Russ Martens purchased a copy. Members of the Board and representatives from Cersosimo Industries, Michael Cersosimo and Andrew Geffert, took time to review the final Engineering report received and dated July 13, 2010. Mr. Geffert addressed the Holden Engineering comments from the report. He provided the Board with a written response and reviewed the changes made and noted on the July 13, 2010 . (A copy of the Cersosimo response is in the public file.) Mr. Geffert reviewed the cost of reclamation to the new pit and stated the bond will be in the amount of $22,000.00.

Chairman Bressett asked for questions from the Board. Bob Harkey questioned the lack of details from the report for the Chesterfield side of the Stormwater detention plan. He questioned if it would be reasonable to ask for that information. Chairman bressett stated that the Board could certainly require Chesterfield information as a condition. Mr. Geffert stated he had sent that information to Holden in the form of a PDF.

Chairman Bressett temporarily suspended the hearing to inform the Board and the public that a Motion to disqualify member Russ Kotfila had been received from Atty. Joseph Hoppock on behalf of Russell and Pamela Marten. Chairman Bressett read highlights of the seven (7) points from the motion. Mr. Kotfila responded by saying that his blog says nothing about the Cersosimo case. Laurie Burt stated that we still have freedom of speech in this country and if Russ wants to say stuff, it is his right. Chairman Bressett asked if the Board feels there is impartiality as far as the application is concerned. Jim Starkey replied “yes”. Chairman Bressett asked if any Board member had additional concerns. No motion was made to recuse Russ Kotfila.

Chairman Bressett reopened the hearing asking for public comments from abutters first, bringing forth any new information or for questions about the Holden Engineering report.

Pamela Martens provided the Board written testimony from Pamela Wallis. Chesterfield Planning Board Chairman, Mrs. Keleher, briefly commented on Bob Harkeys concern about chesterfield drainage information ans also stated that Cersosimo Industries had been told orally that when they were finished with Westmoreland, the chesterfield Planning Board will expect them to come forth with a revised site plan as well.

Chairman Bressett asked for comments from the public bringing forth new information.

Pamela Martens provided a photo copy of an email written by George Duke to Undisclosed Recipients dated May 7, 2010. (copy located in pubic file) Mrs. Martens also submitted and read aloud a study written for her, based on information she provided to Professor Diane Hite regarding the proposed expansion of Cersosimos Industries, Inc. Gravel Pit on River Road, Westmoreland, NH. This document provides Prosessor Hites professional opinion of the economic impact of the propsed gravel pit expansion in the town of Westmoreland. (copy located in public file)

Dennis Swartout questioned how much materials will be removed from the pit. Mr. Geffert responded that the expansion is 6.4 acres and 350,000 cu. yards of material. Mr. Swartout also questioned the life of the pit. Chairman Bressett responded that the life of th pit may average 13 years. Mr. Swartout questioned why they need to excavate additional material if there is 1,000,000.00 cu. yds already. Michael Cersosimo addressed the question indicating that it is difficult to determine where gravel is located, that they own the adjoining lot, also that there are two reasons. #1 is material and #2 that without the expansion a canyon would be left in the existing pit. He stated that after reclamation, a nice piece of property would be left that someone can do something with.

Pamela Martens commented about the 45.5 acres issue. Mrs. Martens stated that she had obtained, thru the Right to Know Law, Cersosimo documents provided to the N.H. Dept. of Environmental Services. Mrs. Martens stated that she felt that information from the Holden report, indicating that not enough detail, that we have no idea currently from Cersosimos 350,000 cu. yds. Of material to Mr. Swartouts rough estimate on all properties of 1.5 million cu. yds. to another engineering expert she consulted with, went as high as 9 million cu. yds. She stated that the Town could be looking at 100,000 additional truck trips to 200,000 trips. She also stated referring to the life of the pit being 13yrs, that the reclamation plan submitted to the Board indicates the pit could last till 2045.

Samantha Shadd questioned the need for an engineer stamp on the plan. Chairman Bresett clarified that it is not a required per regulations of the State of N.H. or our own regulations. It was noted that although it is on our checklist, it is not required in the case.

Ms Shadd commented on the potential reduction of property values, citing Dr. Hites report. She stated that she felt there will be a significant loss in the value of her home. Chairman Bressett asked why she thought that the value of her home would be reduced and Ms Shadd responded that is would be due to the number of truck trips and safety concerns. Ms Shadd also said that during the building of her home, the natural driveway onto her property had to be moved due to its proximity to the gravel pit entrance and because of that she suffered a loss. Chairman Bresset clarified that driveways are situated by site distance from hills and curves.

David Bressett questioned why doesn’t Pam Wallis come to meetings. Chairman Bressett stated that Ms Wallis works nights. Ms Shadd offered that in addition to working nights, it was also due to the number of meetings.

Chairman Bressett asked for a motion to close the hearing subject to the Board being able to ask specific questions. Jim S. moved, Russ K. seconded, all voted in favor. None abstained.

The Board thoroughly revisited each identified or needed item on the Westmoreland Site Plan checklist and the 155E checklist as determined at the December 10, 2009 hearing: Seal of engineer, approval of ZBA, Performance Bond for the existing pit in the amount of $10,000, conservation commission recommendations, timetable for reclamation, buffer zone, repairs and fuel storage on site, traffic plan and stump removal. The Board determined that all items have been addressed.

Chairman moved to the Towns own ordinance-441: Bond issue to be discussed later in meeting. The final slope is to be not greater than 2 to 1. Russ questioned the 200’ buffer. Chairman Bressett reopened the hearing for clarification. Mr. Geffert clarified there is no excavation in the 200’ buffer and limited tree clearing, that 180’ of trees will be left uncut with the exception being if cutting is needed to move the Wallis water line, and the remaining 20’ gap on top will be the berm.

Chairman Bressett moved to review the construction sequence and asked for clarification of vegetating the berm. Mr. Geffert stated that if the Board wants the berm vegetated, they could do that. Also reviewed were: Dust control measures, steep slope fences, no sale of top soil, public safety and welfare. Board reviewed the recommended driver truck plan only change to be replacing the word “prison” with Partridge Brook. Discussion was had regarding the limiting of loads per day on the Chesterfield side. It was determined that restrictions would not be practical. Bruce mentioned the ZBA’s suggestion of changing the hours of operation from 7:00 AM to 6:00 PM. Discussion ensued. The Board decided to keep the hours as is, in line with Chesterfield. Concluded review of 441.

Chairment Bressett moved the Board on 155E-3. Access and visual barriers. Jim S. inquired about no trespassing signs currently in the pit. Lauren stated that item 4 under Operational Notes addresses posting of the property. Size and duration of project- determined that the life of the pit is dependent on demand. Elevation of high level ground water- The Conservation Commission addressed the issue and felt there concern or risk to the ground water. Fuel, dust, traffic control and noise-limited discussion. Require revision to Operational Notes: add #5: Follow NH Best Management Practices in fueling and maintenance of equiptment.

Moved to 155E-4a: No excavation below road level, less than 25’ from standing water bodies, fencing of steep slopes, 150’ from boundaries, peripheral vegetation maintained. No discussion needed. Drainage: considerable discussion ensued. Chairman Bressett suggested that the Board consider adding the condition that written indication from either Holden Engineering or the Town of Chesterfield, that they have determined that the Stormwater Detention design adequately protects from off-site damage due to increased flows from the new excavation area. All Board members agreed.

Moved to 155E-5 & 5a: Reclamation and reclamation timeline: Lengthy discussion ensued regarding the “policing” of reclamation and who would be responsible for monitoring. Permit timelines: Discussion ensued regarding the renewal of the permit. Reviewed AOT permit regulations. The Board determined that an additional condition for approval would be to require an annual report, signed by an engineer, be submitted to the Planning Board, stating that all conditions of the permit are being met. , require that the permit will expire in six (6) years. Renewal will be subject to the following conditions: 1) Compliance with existing Site Plan, 2) Revisions necessary to meet State Regulations, 3) Review of Bond for reclamation. Board continued review: Items addresses; reclamation to be complete within 12 months of closure, plantation of vegetative materials (addressed in berm), tree replanting in views from highway, standing water removal, incremental reclamation and permit expiration.

Chairman Bressett discussed the issue of materials being brought onsite. Michael Cersosimo stated that he would prefer that they not be restricted from bringing in quarry materials in there for local contractors convenience. Discussion ensued regarding asphalt products being brought onsite. Mr. Cersosimo explained that it is very limited. The Board determined that there will not be a restriction put on asphalt products. Add including sales of materials brought on site including asphalt based materials to the Annual Report condition.

Discussion ensued about the Conservation Commissions recommendation for un-announced periodic on-site inspection. Additional condition added: The Westmoreland Planning Board reserves the right to make arrangements for an annual, on-site, inspection for compliance with the established site plan.

Chairman Bressett asked for any other discussion. Jim S. brought the Board back to the bond issue. Jim asked how the bond process works. Russ K. explained that in essence it is an insurance policy. Lengthy discussion ensued about the cost of the reclamation relating to the bond amount. Add as a condition: Cersosimo Industries will provide and maintain a Reclamation Bond for the Town of Westmoreland in the amount of $22,000.00 for the new site. Also include as a condition in the 6 year permit review.

Towns’ council, Atty. Little, noted that the Board may want to consider as a condition that a valid AOT permit be required at all times.

Lori Ingram, read aloud the agreed upon conditions:

Conditions needing to be met:

Construction Sequence (revisions):

Item 3: Create perimeter berm and maintain vegetation on berm.

Operational Notes (additions):

Item 5: NH Best Management Practices will be followed in the fueling and maintenance of equipment.

Item 6: A valid AOT permit will be maintained at all times.

Other:

1. Written indication from either Holden Engineering and Surveying or the Town of Chesterfield NH, that they have determined that the Stormwater detention design adequately protects from off-site damage due to increased flows from new excavation area.

2. An annual report, submitted to the Planning Board, signed by an Engineer, stating that all conditions of the permit are being met, updating the status of the excavation and any reclamation done and including a listing of all sales of material brought on site. This list to include asphalt based material.

3. Cersosimo industries will provide and maintain a Reclamation Bond for the Town of Westmoreland, NH, in the amount of Twenty Two Thousand Dollars ($22,000.00) for the new site.

4. The Westmoreland Planning Board reserves the right to make arrangements for an annual, on-site, inspection for compliance with the established site plan.

5. The permit shall expire in six (6) years. Renewal will be subject to the following conditions: 1. Compliance with existing Site Plan. 2. Revisions necessary to meet State requirements. 3. Review of Bond for reclamation.

Bob Harke moved to approve the site plan with conditions. Russ K. seconded. All voted in favor. None abstained.

Chairman Bressett closed the Cersosimo matter

Hearing closed at 9:45 and reopened at 9:55 for new business.

New Business: Patrick and Linda Moody 3 lot minor subdivision for property located at 52 Lord Cemetery Rd., Map R4, Lot 6. Secretary Ingram reviewed the application. After reviewing the checklist of the minimum requirements, the Board determined that only required checklist items 1 and 3 of 15 were provided and accepted. Limited discussion ensued regarding the status of Lord Cemetery Road, specifically where the classifications change from class V, to class 6 to being discontinued. Chairman Bressett suggested that the Moodys consult with the Selectmen. Laurie Burt moved to table the application for one (1) month, allowing the Moodys time to gather needed information/documentation. All remaining documentation must be provided seven (7) days prior to the August 10, 2010 meeting. Jim R. seconded. All voted in favor.

Selectmen Update: None

Other: Chairman Bressett informed the Board that she had attended a Hazard Mitigation meeting and that she would keep the Board informed as necessary.

Laurie B. moved to adjourn the meeting. Jim S. seconded. All voted in favor. Meeting adjourned at 10:20 PM.

Respectfully submitted,

Lori-Anne Ingram, Secretary