WESTMORELAND ZONING BOARD OF ADJUSTMENT

Meeting of July 23, 2008

Present: Peter Remy, Brian Merry, Brenda Shelley, and Barry Shonbeck. Absent: John Burt. Recused: Russell Huntley.

Chairman Peter Remy opened the meeting at 7:36 pm. There were about 30 people in the audience.

CURTIS MEAD: Chair Peter Remy opened the Public Hearing at 7:39 PM. It was noted that all abutters had been notified and the Hearing was posted in the Legal Section of the Keene Sentinel. Mr. Mead was in to ask for a Special Exception of Article 5, Table 502 Section 17 of the Westmoreland Zoning Ordinance. Mr. Mead would like to build a 30’ x 60’ building that would house a workshop and studio on Map R17 Lot 17B on Old Route 12 North. The property is owned by Berkwits Holding, but Mr. Mead stated if the approval to build is approved, and the Planning Board site plan review is approved Mr. Mead will be purchasing the property. Load noise was questioned and Mr. Mead explained all the work would be done inside. Mr. Ted Gewanter questions regarding fuels, paint, and finishes and asked if they are VOC compliant. Mr. Mead indicted there is not problems with the VOC levels.. The hours of operation would be from 7am to 5 pm, Monday – Friday, with a few Saturdays if busy. There will be no Retail at the property. Mr. Mead will have up to two employees at any given time. The Board explained he would need bathroom facilities and would need a state approved septic system. Mr. Mead concurred and will obtain necessary paperwork and submit to the Board. With no further questions Chairman Remy Closed the Public Hearing.

A motion was made by Brian Merry to approve the Special Exception indicating no more than two employees, and open Monday – Friday from 7am – 5pm with a few exceptions on Saturday. A driveway permit must be obtained from the Road Agent. NO RETAIL will be done at the property and state approved septic system will be set with a copy of permit given to the Board. Seconded by Barry Shonbeck. All in favor, so voted.

Chairman Remy explained to the audience he would be speaking with his board before opening the next Public Hearing.

Chairman Remy opened the Cersosimo Industries Public Hearing at 8:05 PM.

CERSOSIMO INDUSTRIES: Andrew Geffert of SVE Associates represented Cersosimo Industries. It was noted that all abutters had been notified, the hearing posted in the Keene Sentinel and posted in two places. Cersosimo Industries is requested a Variance of Article IV, Section 441:1-e of the Westmoreland Zoning Ordinance. Cersosimo would like to put a sediment pond on Map R1 Lot 19. there is an existing gravel pit on Map R1 Lot 20. Chairman Remy explained to the Zoning Board Attorney Sam Bradley had been notified and produced a letter from Attorney Bradley indicating there was no need for a hearing with the Zoning Board of Adjustment because digging a sediment pond is not part of an “excavation”, as the gravel is not for sale However, Cersosimo Industries would need to go before the Planning Board for a Site Plan Review. Some of the Zoning Board members felt they should hold the hearing because they believe this is part of an ongoing excavation. Chair Remy opened the Public Hearing at 8:20 PM.

Andrew Geffert showed the Board a set of maps shows where the sediment pond would be and the buffer zone area. It also showed where the spring of Pam Wallace’s residence was located. It has been noted that Pam Wallace has spring rights to her water and Mr. Geffert indicated they would need to find the water line and connect and reconnect to her water. A question was asked as to why a sediment pond was needed. The answer was it is State required for a 100-year storm. There must be a runoff area. Mr. Geffert indicated a culvert would be added, indicating the culvert would be larger than the Road Agent indicated they must have. Crossing River Road to the Connecticut River there is a thirty-six inch culvert. The pond will be 60 feet wide by 130 feet long with a depth of eight or nine feet. There was a question asked if the pond would fill with water. Mr. Geffert indicated that would be very rare and indicated perhaps no water would be in the pond at all. A question was asked why not move the sediment pond to another area. Mr. Geffert explained the proposed pond was placed there as the discharge has to be lower than the actual pit. If moved higher up the pit would not be able to be dug as deep loosing revenue. Also, if the pond were moved sixteen feet up the Johnny Cake Road the residence across the street would be looking right into the pit.

Questions asked as to other options that have been considered for placement of the sediment pond. Mr. Geffert indicated it would cost a lot of money doing many test borings to find out how fast the water goes into the earth. The Chesterfield end of the pit was questioned as a possibility, with Mr. Geffert indicating State Guidelines prohibit the pond from being placed on the Chesterfield side. Mr. Geffert indicated the pond is a three to one slope, which makes the banks more stable. All around the pond will be either grassed or rip-rapped.

Samantha Shad asked why Mr. Geffert believes this request meets the criteria for a Variance. Chair Peter Remy indicated the State gives the Zoning Board permission to grant variances if the variance meets the five criteria of the Zoning Ordinance, which is governed by the State. Mr. Geffert indicated the five criteria would be met. Five criteria…

Chairman Remy opened the meeting to the public at 8:50 PM. It was mentioned by someone in the audience that Cersosimo only pays around $1,529 per year in excavation taxes and property taxes of $2,940. Board member Barry Shonbeck indicated the excavation tax is only .02 per thousand feet of gravel taken. It was mentioned the pond would create more activity in the area of the River Road. i.e. more traffic, less vision in the area of the pond and the pit and pond are added costs the town must pay for having the business there.

Pamela Wallis, an abutter to the property in question, explained when there is no foliage she sees big mounds of dirt and believes the pit and a pond will diminish the value of her property. Pamela Wallis presented pictures of her property and what it looks like with the pit there. Pamela Wallis presented testimony and requested the Secretary read the testimony for her and that the testimony be part of the Westmoreland Zoning Board minutes of July 23, 2008. Elaine Moore read the testimony. Ms. Wallace questions the markers on her property. Mr. Geffert indicated the markers are there to help shoot elevations. Orange markers are used for property lines. Ms. Wallis indicated last months minutes of the Planning Board were incorrect as she did not walk the property with Mr. Geffert, but did with Michael Cersosimo.

Joyce Daniels indicated the pit is behind her property and she is concerned about the buffer line. Mr. Geffert indicated these are under a previous permit and not this permit. She indicated that her property is also certified wildlife property. Mr. Giffert indicated again the hearing is only for the new property.

Dick Cate – had concerns regarding the application with the Planning Board. He stated the application was approved without research and the Planning Board approved the Site Plan Review without having all the facts. Chairman Peter Remy indicated although this meeting was a Zoning Board meeting he clarified that the Planning Board did not approve the request. They approved the application only. The Planning Board informed Cersosimo Industries they should apply for a variance. If Attorney Bradley did not believe they needed the variance Cersosimo Industries could withdraw their request.

It was stated by a member of the audience that the Zoning Board has no right to grant to approve a variance to Cersosimo Industries. Chairman Remy informed the audience the Zoning Board of Adjustment has every right to approve a variance if they believe the five criteria are being met. Several innuendoes were thrown at the board, stating they are being blind when charged to do a job that is in the best interest of the town. Chair Remy again indicated the Board is only looks at the pond and frontage, as that is what is before the Board. The pit is entirely a Planning Board issue. Chair Remy indicated the Boards duty is to determine if the pond and buffer clearly diminishes the value of property around the pond area. If the project is beneficial to the public interest. If it is a hardship for Cersosimo Industries to place the pond on another area of land. If there would be substantial injustice to the property in the area. More traffic, etc.

And if the spirit of the ordinance has been met. The audience does not believe the five criteria have been met.

Selena Gallen of River Road asked what they would be digging the pit with? Mr. Geffert indicated if they needed to blast they may have to adjust their plans. They would be digging from the existing pit working down toward the pond area.

Dr. Dennis Swartout stated he cannot see any benefit to the public in having the expansion. Believes it will be a lot more traffic and there are a lot of people who walk on the River Road.

Jack Laurent stated a 200 foot buffer reduced to 25 feet is 87.5 percent deviation of the Zoning Regulations.

Gwen Mitchell informed the Board she respects the time and energy committed to the Zoning Board by its members, and it is with great respect that the Board should be able to hear all conversation going on by the Zoning Board. Some people could not hear what the Board was saying on different occasions during the meeting.

Drainage and Ground water level where again brought up by the public and again Chairman Remy explained this is not related to the requested variance.

Pam Martens expounded at length of the legalities of the Zoning and Planning Board and her beliefs regarding the proposed application. Mrs. Martens informed the Board they should tread very carefully here to prevent the town from being sued. Mrs. Martens read documents she had prepared for the meeting and requested these documents be made a part of the meeting minutes. Chairman Remy informed her they would be.

Wesley Staples informed the Board and audience that the pit has been there for a long time and is needed. The town is in dire need of gravel and the pit provides what the town needs. Cold River Materials does not have the type of gravel needed to do the job for roads in Westmoreland. Mr. Staples does not believe there will be an expansion in traffic as the pit is already there. Walter Derjue stated the area may be bigger but he agrees with Wesley Staples.

Chairman Peter Remy closed the Public Hearing at 10:00 PM.

Chairman Remy informed the Board they would now vote of the Mead and Cersosimo requests.

Curtis Mead: Brian Merry moved to approve request for a Special Exception for Curtis Mead with the following conditions: No Retail Sales – Manufacturing Only. Seconded by Brenda Shelley. All in favor, so voted.

Cersosimo Industries: Brian Merry abstained from voting, as he is not sure if the pond is an expansion of the pit therefore he cannot make a determination.

Brenda Shelly stated she is also concerned about the two lots. If it is expanding a commercial operation or not.

Barry Shonbeck’s concern is where the gravel is going to make the pond. If being sold then it is a commercial pit. Mr. Shonbeck believes there is another way to build the pond by placing it in another area.

Chairman Peter Remy informed the Board their statements are a concern, but contrary to what Attorney Sam Bradley and Cersosimo Industries attorney have indicated. Even if the Board approves the variance it must go to the Planning Board for Site Plan Review. If the Planning Board denies the Site Plan Review the pond will not be built.

Chairman Remy went over the five criteria for approval. Brenda Shelly moved to DENY the request for a Variance as presented. Seconded by Barry Shonbeck. Three in favor, with one abstaining. So voted.

Chairman Peter Remy closed the meeting at 10:40 PM.

Respectfully submitted,

Elaine Moore

Zoning Board Secretary

Attachments:

1. Pamela Wallis’ testimony document

2. Pamela Marsten’s testimony document

(Note: These are unapproved minutes. Corrections, if necessary, may be found in the next Zoning Board minutes.)