Westmoreland Planning Board
Minutes
Present: Lauren Bressett, Laurie Burt, Jim Starkey, Bob Harcke, Bruce Smith, Nancy Zeller, Russ Kotfila, Jim Ranson.
Members of the public were present.
Chairman Bressett called the
meeting to order at
Minutes of
Old Business:
McClening Minor Subdivision-Hearing continuation: Russ Huntley provided a revised plan. As determined at the January 12th meeting/hearing, the Towns Map, R9, is incorrect showing only lot 31 when in fact the applicants own two properties, lot 31 and lot 31A. (deeds and property tax bills on file) The lot being subdivided is lot 31A. The new lot will be 31B. The revised plan satisfies items 5, 8 & 13 of the subdivision checklist. Jim Starkey moved to accept the application as complete, seconded by Nancy Zeller. All voted in favor. There were no questions from the Board or abutters. Pam Martens voiced her objections to the Board and submitted a written statement. (The complete statement is located in the permanent minutes file) Mrs. Martens believes that the Planning Board can /should not grant a subdivision on a property where there are unanswered questions as to potential illegal operations on the property. Chairman Bressett clarified that the property (Map 9, lot 31) is not involved with the subdivision. Laurie Burt moved to accept the minor subdivision, seconded by Jim Starkey. All voted in favor.
Cersosimo Industries-Hearing continuation: Andrew Geffert provided additional
information; A Reclamation Sequence
plan, an estimate of reclamation cost, copy of the approved
Russ Kotfila moved to continue
the Public Hearing to the regularly scheduled meeting date of
Attorney Hoppock stated that his client (Russ Martens) has no objection to the continuance, in addition, Attorney Hoppock asked that the Board require the applicant provide copies of future filings to him on behalf of his client in advance of the hearing. He stated his opinion of the need for the Board to dismiss the application. He restated the definition of quarry and noted that if it is a mining operation, then the Planning Board does not have jurisdiction. Chair Bressett noted that the application in front of the board was an excavation and as such falls under NH RSA 155E.
Chairman Bressett clarified that per the LGC, only abutters
and applicants are required to be provided information from the board. That he
could ask the applicants to provide information in advance of its presentation
to the board and it was up to the applicant if they wished to do this but could
not be compelled to do so. Attorney Hoppock asked if the board would request
this of the applicant. Planning board
members declined to require the applicant to provide information in advance.
Chairman Bressett declared the continuation of the Public
Hearing to
Rules of
Procedure amendment-2nd reading- Chairman Bressett gave an overview of the reasons for the changes,
noting that the applicant and abutters are to be given special consideration
and must be allowed to speak, that under RSA 91A, the public has the right to
attend but that does not grant the right to speak. That the board respected the
value of hearing the public’s views during hearings but that this may be
reasonably and equitably limited to topic or time. Laurie Burt read the
amendments. 6.3. h. Other business. 10.2 The applicant or agent shall be called to present the
proposal. 10.3 Abutters shall be
allowed to speak. 10.4 Other parties
such a representatives of town departments and other town boards and commissions
who have an interest in the proposal shall be allowed to present their comments
in person or in writing. 10.5 Others who wish to comment shall be allowed
to speak briefly. If necessary, commentators will be limited to 3 minutes.
In addition to the proposed changes discussed
at the
Pam Martens objected to the amendments and wanted
to know why the changes were being made and who had suggested the changes be
made. She provided each Board member
with a document citing RSA 673:17 and 91-A:1. (The document is located in the permanent
minutes file) Chairman Bressett clarified RSA 91-A for the Board and audience. All Board members voted in favor of the
amendments.
Selectmen Update: None
Letters: None
Chairman Bressett stated that the Board should draft a fee schedule to be included in the Site Plan Regulations. Lori Ingram will research and provide suggestions at a future meeting.
Lauren Bressett stated that Russ Huntley offered to sit with
the Board during an ordinance review session. The Board agreed to meet
Thursday, March 25th at
Russ Kotfila moved to adjourn the meeting. Jim Starkey seconded. All voted in favor.
Meeting adjourned at
Respectfully submitted,
Lori-Anne Ingram, Secretary
(unapproved/lai)