Planning Board Minutes 10.28.08

DRAFT DRAFT
TOWN OF BRADFORD
PLANNING BOARD
WORK SESSION
OCTOBER 28, 2008
7:00PM

Call to Order and Roll Call:

Phil LaMoreaux, Chair called the October 28, 2008 meeting to order with Marcia Keller, Barry Wheeler, Barbara Vannata, Sonny Harris, Jim Bibbo, Alternate, Jane Johnsen, Alternate present. Bill Glennie was absent.

Review and Acceptance of September 23, 2008 minutes:

Motion was made by Marcia Keller to accept the minutes of September 23, 2008, seconded by Barry Wheeler. Motion carried 6-0.

NSR Site Plan Conditions of Approval, Map 6, Lot 101:

George Naughton introduced Patrick Spooner, Spooner Associates as his Environmental Consultant, and advised he is doing all the State Permitting for him, and it is taking a little more time than he thought it would. For recycling and solid waste transfer facility in New Hampshire, a standard permit application has not been completed as yet, but is being worked on which includes an operational plan, which serves as an overall guideline manual. This includes just about everything one has to do to be compliant with the NH Solid Waste management. This needs to be submitted to DES and they will let you know if you have deficiencies, which the applicant must address. Once the deficiencies have been completed, it takes about four months, about 120 days. DES does require a Public Hearing be held. Mr. Spooner advised that in comparison from other like facilities around the country, Mr. Naughton’s operation is a first rate operation, with the Site very neat and orderly, organized, and managed. George Naughton interjected he felt he could be in operation in May or June.

Alden Beauchemin, Keyland Enterprises discussed Shore land Protection which was put on the Town Maps, and was noted specifically on the plans which was based on the town tax maps. Due to the State charging a fee based on impact, it is important to be as precise as possible, consequently they surveyed the Warner River edge, the reference line, and from that set off 250’. After talking with DES and being an extensive process, it was easier to just move the pond five or ten feet. The same thing applied to the scale placement. The State Shoreline Protection Agency is writing a letter that improvements are not needed and will be coming shortly. The holding tank will be in the front with additional notes pertaining to it. Also a letter will be written to the Natural Habitat Commission to confirm that there is no danger to endangered species. A time frame of February or March for the Public Hearing sounds plausible, with a permit being issued in March or April. A tentative Public Hearing will be scheduled for June 9, 2008. As things are completed, Mr. Naughton will give a status update periodically.

George Naughton Gravel Pit, Jones Road, Map 3, Lot 99.

Mr. Naughton advised he is stockpiling gravel from Lot 101 on Lot 99 at this time, and is using it on site. No material is being sold, or leaving the property. Also, one half of the pit is already reclaimed. It was explained to Mr. Naughton, that when he is through with the pit, then it does need to be reclaimed

Jim Bibbo read a letter from Cheryl Behr, Administrator regarding Planning Board Budget History reflecting an overcharge from the Office of State Planning for Marcia Keller and Jane Johnsen, which will be taken care of. An explanation for Petty Cash was given as well. MCRD shortages were also noted.

Jane Johnsen advised she had spoken with the Principal of the Bradford Elementary School again regarding the Safe Route to Schools, who said he had written up a paper regarding same and sent it home with the students. At this time, they have not all come back. Ian Thomas, CNHRPC suggested he may be able to help with talking to the Principal as well.

To Do Folder:

Phil LaMoreaux, Chair went over contents of the folder with the following information:

Bond renewal for Gravel Pit owner, expiring September 16, 2009.

All upcoming informational meetings noted.

Letter from Cheryl Behr, Administrator inquiring about the results regarding the Payson Gravel Pit – A letter needs to be written to Selectmen regarding same.

Bank Statement received and read.

Current bills requiring payments.

Copy of Wetlands application discussed.

Gravel Pits:

Welton McKean, Route 114, Map 6, Lot 104

Mr. McKean came before the Planning board regarding his gravel pit in response to a letter he had received. He advised he has trucked gravel out of there, but has not sold it.

Lengthy discussion was held. Phil LaMoreaux, Chair advised if declared abandoned, as long as the area being excavated meets the minimum and expressed reclamation standards there are three main things to be considered: 1. Knocking the grade down to a grade that is appropriate for the soil type. 2. Loam and 3. Seed

Motion was made by Marcia Keller that Map 6, Lot 104 meet the definition of an abandoned excavation under RSA 155-E:2,II(a)(1) “No earth material of sufficient weight or volume to be commercially useful has been removed from that excavation site during any 2-year period, either before, on, or after August 4, 1989; provided, however, that before the end of such 2 year period, the owner or operator may extend the period by submitting to the regulator a reclamation timetable to be approved by the regulator, and posting a bond or other security with the municipal treasurer in a form and amount prescribed by the regulator, sufficient to secure the reclamation of the entire excavation site in accordance with the standards of RSA 155-E:5.” Seconded by Barry Wheeler. Motion carried 6-0.

Peter Isham’s Gravel Pit, Map 6, Lot 106 update is still needed and another letter will be written to him, requesting a response by November 11, 2008.

Consensus of the Board members was in the affirmative.

Motion was made by Marcia Keller to write a letter to Harriett Hobbs regarding her Gravel Pit, Map7, Lot 29 stating that reclamation needs to be done, and someone should be sent in to look at the reclamation needs and to execute it. A reclamation plan is on file which has not been adhered to and it does need to be executed.

Consensus of the Board members was in the affirmative.

Motion was made by Marcia Keller to declare the following gravel pits as abandoned.

1. Timothy Skillings – Map 4, Lot 12

2. Richard Messer – Map 5, Lot 114

3. George Naughton – Map 6, Lot 99

4. Michael Andrews – Map 13, Lot 2

Seconded by Sonny Harris. Motion carried 6-0.

Motion was made by Marcia Keller to add to the abandon list Map 4, Lot 5, owned by Christopher Payson. Seconded by Barry Wheeler. Carried 6-0.

Mary Pinkham-Langer’s reports on Gravel Pits were looked at once again. It was discussed that there is a distinction between a homeowner’s lot and an abandoned commercial pit that there was a permit for at one time.

Motion was made by Marcia Keller to declare Map 6, Lot 103, now owned by Mark Goldberg as an abandoned gravel pit. Seconded by Barry Wheeler. Motion carried 6-0.

It was agreed that there will be a request from each abandoned pit owner to return a signed form that can be put in each respective file showing the owner’s name, lot and map numbers by July 1, 2009.

Motion was made by Barry Wheeler that the following Gravel Pit Owners receive a letter requiring either permit, or reclaim or be abandoned by the individual specified dates. Sonny Harris seconded.

Peter Isham, Map 6, Lot 106 with a deadline of December 1, 2009.

Harriett Hobbs, Map 7, Lot 29 with a deadline of July 1, 2009.

Christopher Payson, Map 4, Lot 5, with a deadline of December 1, 2009.

George Naughton, Map 6, Lot 99, with a deadline of December 1, 2009.

Motion carried 6-0.

Motion was made by Marcia Keller that a letter needs to be forwarded to John Fortune, Map 4, Lot 13, declaring it an abandoned pit. Personal use of gravel is on site, however, if any commercial use, would require a permit. Barry Wheeler seconded. Motion carried 6-0.

Additional letters will be written to the following:

A letter will be written to Valley Excavation regarding crushing procedures.

A letter will be written to the Selectmen regarding non-compliance of Site Plan for DPX2.

A follow-up letter will be written to the Selectmen regarding Mosaic Antiques.

A request from the respective departments for responses to Planning Board letters sent to them.

Site Plan Regulations amendments were handed out and discussion took place

Subdivision Regulations amendments were also discussed.

There will be a Public Hearing scheduled for November 25, 2008 for both.

Also brought up is the light that is still shining onto the highway and needs to be down turned by Bement Bridge.

Motion was made by Barry Wheeler to adopt the application for Site Plan Revision as presented this evening. Seconded by Jane Johnsen. Motion carried 6-0.

Motion to adjourn 9:15pm.

Respectfully submitted,

Marjorie R. Cilley

Secretary