TOWN OF LYNDEBOROUGH
PLANNING BOARD MEETING MINUTES
July 18, 2013
MEMBERS PRESENT: ChairmanBill Ball, Vice Chair Larry Larouche,Bob Rogers, Tom Christenton and AlternatesJulie Zebuhr andSteve Brown
Bill Ball began the meeting at 7:30 p.m.Julie Zebuhr and Steve Brown would vote on issues in the absence of Mike Decubellis and Bret Mader.
ANNOUNCEMENTS:
B. Ball said that there was an opening on the Capital Improvement Plan committee and asked if anyone was interested in serving; no one on the Planning Board expressed interest.
B. Ball received an e-mail from Cindy Hasty concerning a public hearing notice from the Town of Mont Vernon. A hearing is scheduled for July 23rd at their town hall at 7:00 p.m. to discuss a Non Residential Site Plan review for a request to replace an existing cell tower at Tax Map 4 Lot 88-1(Harwood Rd.) Anyone who is interested is invited to attend the meeting.
PUBLIC HEARING:
Scott & Kimberly Snow; 233 Old Temple Road; Map 230-016; to discuss an Excavation Permit application for the removal and sale of sand excavated from the property; RL 1
Present: Scott Snow, Daniel Mattaini of NHDES Dam Bureau, Tim Zalenski and Harold
Mr. Snow distributed a packet of information concerning his proposed excavation plan for the Board’s review. He explained that last year, the highway department removed about half of the material (about 40,000 yards) from the front of his property. Since he could not go forward with his previous intention to excavate a large esker in the back of the property, he has decided to remove and sell the remaining material in the front because the area is still too steep for pasturing his horses and he has difficulty controlling the runoff when it rains. This is a 1 to 3 year project because the excavator, Steve Trombly, intends to remove it only when it’s needed at a job site. In return, Mr. Trombly will deliver topsoil for that area which will be turned into a flat surface for pasture.
B. Rogers asked if the Board could visit the site after the meeting. Mr. Snow agreed to that request.T. Chrisenton voiced concern about maintaining a vegetative buffer to screen the excavation from the street. He asked if the excavation would begin in the area close to the house and continue out toward the street. Mr. Snow said that he wanted to clean out the edges closest to the fence first so that he could bring in topsoil and seed the
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area. T. Chrisenton referred to the zoning regulations which states that the excavation must remain 10 ft from an approving abutter’s boundary line and 50 ft. from a disapproving abutter’s boundary line. He asked Mr. Snow if he had an agreement with his abutting neighbor. Mr. Snow replied that he did not have an agreement, yet; but it was his intention to add more soil in the area near the boundary line because of the height difference between properties. Tim Zalenski, the abutter, questioned the boundary line between the properties and asked whether a survey was needed to locate the pins at the two corners. He wanted to be sure that the boundary line was correct. B. Ball replied that a partial survey was needed if both pins could not be located and that was the responsibility of the applicant to have this done. Mr. Snow said that he knew where the front pin was located but was not sure about the back.
B. Ball noted that Mr. Snow was asking for waivers on some items on the checklist:
4 f. existing topography at five or fewer feet contours……….the USGS map service does not offer a map on this small scale area
4 l. a log of borings or test pits that include groundwater levels……..test pit is not necessary because the material is sand and gravel
The Board concluded that these two waivers posed no problem.
T. Chrisenton noted that the hours of operation were from 7:00 am to 5:00 pm, Monday through Friday and 7:00 am to 2 pm on Saturdays. He recommended that the hours should be changed to 8:00 am to 4:00 pm, Monday through Friday and 8:00 am to noon on Saturday.
Mr. Zalenski asked for an estimated period of time for this project and whether equipment would remain on the property during this time frame. Mr. Snow responded that he was not sure how long it would take and the equipment will not remain on the property. He said that the road agent came to the site three times during two summers and removed 40,000 yards over ten days and his equipment did not remain on the site. He estimated that about 30,000 yards remain and usually the contractor will come when 10,000 yards are needed.
T. Chrisenton asked if the access road will Old Temple Road to Rte. 31. Mr. Snow responded that it was. T. Chrisenton said that dust control on town roads as well as on abutting property was required. He also mentioned that all rainfall is to remain in the excavation pit; there is to be no runoff to create an erosion situation. S. Brown asked if hauling in the winter would be a problem. T. Chrisenton replied no. B. Ball asked if the Board was willing to attend a site visit after the meeting. T. Chrisenton did not think it was necessary since the Board had made a visit to the property during the last application request and saw the area presented in this proposal.
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VOTE:T. Chrisenton made a motion to waive the site visit, at this time. B. Rogers seconded the motion and the VOTE in favor of the waiver was unanimous.
VOTE: T. Chrisenton made a motion on three conditions of the permit:
(1) dust shall be at a manageable level on town roads and abutting properties. It shall be managed by the contractor so that there are no complaints received due to truck traffic on the road.
(2) hours of operation will be from 8:00 am to 4:30 pm, Monday through Friday and there will not be any Saturday hours.
(3) rain water must stay within the excavation area and no run-off shall occur.
B. Rogers seconded the motion and the VOTE in favor of the three conditions was unanimous.
S. Brown asked about the time frame of the permit. The Board agreed that the permit should be for one year with a progress review of the reclamation prior to the issuance of a permit renewal.
Mr. Zalenski reiterated that he would prefer to have the boundary surveyed by a professional surveyor and the pins located before a permit is granted.T. Chrisenton replied that the boundary issue is between the property owners and the boundary markers are to be verified. He said that Mr. Zalenski had to decide whether or not he was an approving or disapproving abutter so that the setback could be determined.
VOTE: T. Chrisenton made a motion that the boundary issue shall be resolved before a permit is released. B. Rogers seconded the motion and the VOTE in favor of the motion was unanimous.
VOTE: T. Chrisenton made a motion that the application will be conditionally approved when the boundary markers are located. B. Rogers seconded the motion and the VOTE in favor of the conditional approval was unanimous.
Daniel Mattaini, a representative from the Dam Bureau, stated that this excavation project was not near the dam site; therefore he did not have any issues with the application.
OLD BUSINESS:
Small wind turbine ordinance
The Board went over the OEP model and discussed the inclusion of language and the amount for a bond against abandonment.
VOTE: B. Rogers made a motion to include a section stating that a $5000 bond must be posted to defray the cost of abandonment. L. Larouche seconded the motion and the VOTE in favor of the motion passed as follows: 4 ayes (B. Ball, L. Larouche, B. Rogers, and J. Zebuhr) 1 abstaining (T. Chrisenton).
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S. Brown pondered several questions: will a building permit be needed and is this ordinance setting a precedent; will the building inspector need any additional training; are there different regulations for the construction of poles vs. latticework.
The Board agreed that the manufacturer and model of the wind generator to be used in the proposed small wind energy system must have been approved by the State of NH, if applicable or its equivalent, i.e.California Energy Commission or the New York State Energy Research and Development Authority.
B. Ball volunteered to write up a draft with the changes just discussed for the Board’s review at the August meeting.
MINUTES:
Review of minutes for June 20, 2013
B. Rogers made a motion to accept the minutes of June 20, 2013, as written.
T. Chrisenton seconded the motion. The vote in favor of acceptance was unanimous.
ADJOURNMENT:
T. Chrisenton made a motion to adjourn the meeting at 8:30 p.m. B. Rogersseconded the motion and the vote in favor of adjournment was unanimous.
The next meeting will be held on Thursday,August 15that 7:30 p.m.
Pauline Ball
Clerk
Approved by the Planning Board on August 15, 2013
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