WESTMORLAND PLANNING BOARD
Meeting of July 08, 2008
Present: Lauren Bressette, Jim Starkey, Bruce Smith, Robert Harcke, Laurie Burt. Absent: Nancy Zeller and Alternate Walter Derjue.
Chair Bressette opened the meeting at 7:31 pm with five people in the audience.
Minutes of June 10, 2008 were read. Robert Harcke moved to approve the minutes with the following change. Cersosimo property is a 13 acre piece, not 12 acres. Seconded by Laurie Burt. All in favor, so voted.
A representative of the Conservation Commission, Russell Martins was present and explained three members of the Conservation Commission had done a Site walk thru of the Cersosimo property the day before. It was noted that the Buffer Zone was changed from 200 Feet buffer to a 50 foot buffer of the adjourning property line. This property belongs to Pam Wallace. Conservation Commission has rescinded the letter of approval until the Board can review any and all other impacts the proposed gravel pit may have. Ie: noise control, estetics, etc. Mr. Martins sited part of the Town Zoning Regulations, in specific, Section 441:1-E.
Pam Wallace indicted she has done a Site visit with Mr. Andrew Giffard, has been shown the area and has no concern with the 50 foot buffer. Ms. Wallace did question what would happen if it affected her dug well. Mike Cersosimo indicated if anything happened to the well Cersosimo Industries would repair/replace the well and piping.
Bruce Smith asked if a test should be made of the quality of water in the well before and after the excavation and sediment pond is complete. Mike Cersosimo indicated he would do that if she wished. The Howe property deed does mention a water line but it is not known where the line is.
A Bond for the project was mentioned. Lauren Bressett indicated the Planning Board would require a Bond at their Site Plan Review, to be held if the Zoning Board approves Cersosimo’s request. It was mentioned that the excavation could take place for a few years.
The sediment pond that is proposed will need bulldozing to make the pond. A question arose as to whether making a sediment pond is a form of excavation. Jim Starkey asked for a definition of “excavation”. After discussion regarding the definition it was proposed to call the town attorney, Sam Bradley, and have him interpret rather the sediment pond is indeed “excavation”.
Mr. Cersisimo was asked why they had to place the buffer so close to the property line? He stated elevation was a factor, so the water will flow into the sediment pond. If it was any futher out it would not be able to outlet the water as the elevation would be to high for good flow. Laurie Burt asked if the buffer was 200 feet would this help. Mr. Cersisimo indicated it would not.
Russ Martins indicated he would advise a delay on action of this request until all abutters are notified of the change of the buffer from 200 ft to 50 ft.
Mr. Cersosimo indicated there would be no commercial taking from the pond area as the outflow goes under Coyote Canyon.
Pam Martins indicted she has concerns regarding the whole process of the Zoning Board. Questioning whether proposals are “rubber stamped”. She believes Zoning Ordinances are “slid thru without research” and questions how the meetings are held. She questioned how anyone is supposed to know about a proposed application. Lauren Bressett explained the process to Mrs. Martins, indicating when a hearing is to be held it is posted in the Keene Sentinel Legals section, and is posted at the town hall. All abutters of a proposed project are sent Certified Letters, which are the same as the Sentinel placement. All paperwork on any proposed hearing is available through the Zoning Board Secretary for review. The Secretary will make plans to meet with anyone who wishes to see the file, or if a request is made through the Selectmen’s Office, the plans will be available no later than the following day. Lauren Bressett also explained to Mrs. Martins that the Site Plan Review from Cersosimo was continued, giving Mr. Cersosimo time for a varience request with the Zoning Board. No facet of this request from Cersosimo Industries has been “rubber stamped”.
Lauren Bressett will speak with Zoning Chair Peter Remy regarding this application. There was a question from Pam Wallace regarding if the Zoning Board approves this request does it set precedence for others. Lauren Martin indicated no as each case is different and is determined by the spirit of the Ordinance.
Mr Martins requested the Planning Board consider asking Southwest Regional Planning Board to do a traffic impact study. Lauren Bressett indicated there are guidelines as to when to use SWRPC. This is not a new excavation, it is an existing excavation withan expansion.
Jim Starkey moved to continue the hearing until the Conservation has a chance to review all their concerns. No second was made. Jim Starkey withdrew his motion. Another motion was made by Jim Starkey. Moved to continue this hearing pending our attorney’s interpretation of what excavation is and whether the sediment pond is excavation. Also to inform the attorney most of the site is in the Residential Zone and is permitted Use. Seconded by Bruce Smith. All in favor, so voted.
Lauren Bressett informed the Board she appreciated the continued addressing of various issues.
The Planning Board requests the Conservation Commission continue to research their concerns and report back to the Planning Board.
GLADKE SIGN: There was a question as to whether the sign placed by Mr. Gladke to promote his business on property at the Westmoreland Industrial Park was in violation. Zoning Board Administrator Robert Moore Jr, researched the Zoning Regulations and found the sign is legal.
MILLS PROPERTY: The Planning Board will ask the Board of Selectmen to send a letter to the new owners of the Mills property on Route 63 indicating the apartment is to be used only by an immediate relative. The Planning Board Secretary will provide the Board of Selectmen with specific language of the special exception given to the Mills.
Lauren Bressett closed the meeting at 9:48 PM.
Respectfully submitted,
Elaine Moore
Planning Board Secretary