Planning Board Minutes for September 7, 2016

      Minutes of the Meeting of September 7, 2016    

The meeting was called to order at 6:00 p.m. by Chairman Leslie Casey, an hour early to make a discussion with the gravel assessor from DRA possible.  In addition to the chairman, members Laura Lewandowski, Dorothy Miles, Peter Miles, Mark Smith and Ann Sweet were present. Laura Merrifield represented the selectmen.  Present was Mary Pinkham-Langer, gravel assessor from the NH Department of Revenue Administration.  Also present, after 6:45 p.m. was Attorney John Springer, representing SBA.

After some discussion about the need for an amendment to the minutes of August 3, the approval of the minutes was postponed until our DRA guest had left.

Excavation rules update discussion
Chairman Casey welcomed Mary Pinkham-Langer, gravel assessor for the NH DRA, to our meeting, thanking her for making the trip.  The board had had a chance to review the model Regulations Governing Earth Excavations Ms. Langer had sent to the board, and these stimulated questions for Ms.Pinkham-Langer.  The model is based on the experience of several towns, and the model has been used by several other towns.  RSA 155.E governs excavations, but additional definitions have been included in the model. In response to the several questions, Ms. Pinkham-Langer noted:
·    Unless the excavation is planned to cover more than 2.3 acres, an Alteration of Terrain permit will not be needed.   
·    If wetlands are involved,  DES regulations (e.g., setbacks) may be applicable. 
·    She suggested consulting the DES website under Alteration of Terrain for cost estimates when requiring a bond for projected reclamation costs.  She also suggested that any engineer who does subdivisions should also be able to estimate such costs.  She cautioned against applying loam but noted that warm season grass mixes help on sandy soil needing revegetation.  RSA 155-E-5-B describes situations when reclamation may not be necessary when Mother Nature is already producing new seedlings (as happened with the old Millie Nichols gravel pit on Valley Road some years ago. 
·    The new checklist accompanying the model regulations must be used when the planning board conducts site plan review, not the normal SPR checklist
·    The new application for excavation permit must also be used.
·    The excavation plan should show existing elevations and elevation proposed at its finish.
·    Water table must be investigated, because “excavation over aquifers and seasonal high water tables shall be performed in accordance with the Town zoning ordinance.  Test pits are required to determine water table.  A pond might be part of the reclamation where the water table is high enough.
·    The planning board must examine the project every year to be sure adherence to minimum operation standards (e.g. re slope) are being met and effect of operations on Current Use status.  
·    Permits must contain expiration dates.  Expiration past the date named will require the process of permitting to start all over.
·    Public notice of the public hearing on the application must be posted in three public places (as well as one notice in the newspaper).
·    The Land Use Change Tax will be applied to land taken out of Current Use for excavation.  The land will then be assessed based on the value of the mineral deposits.
·    Consulting the Soil Conservation Maps should give an idea of how much gravel to expect in an area.
·    The town’s regulations must comply with RSA 155-E.  Additional regulations may be more rigorous, but not less.
Ms. Langer departed about 7:10 after many thanks from the board and offers from her for answering questions, reviewing draft regulations, looking at applicants’ plans and applications.

Minutes for August 3.
A motion (Laura Merrifield/Laura Lewandowski) to approve as distributed the minutes of August 3, 2016, passed without dissent.

Reviewing the checklist for completeness of the application from SBA for Site Plan Approval for the proposed wireless communication facility.
Chairman Casey introduced the board to Attorney Springer.  Mrs. Sweet asked whether the application by SBA could be considered complete without the ZBA having been satisfied that the conditions that board had attached to its approval for a Special Exception had been met.  Chairman Casey, having consulted with a lawyer at the Municipal Association, read from RSA 676.4.I.b:  “An application shall not be considered incomplete solely because it is dependent upon submission of an application to or the issuance of permits or approvals from other state or federal governmental bodies; however, the planning board may condition approval upon the receipt of such permits or approvals…”
Attorney Springer passed out copies of the plat for the wireless communication facility proposed for the property at the corner of Apple Hill and Old concord Roads.  The plat has many pages showing different details, and much time was spent turning back and forth as the check list for items required for completeness of the application were read aloud.  Clarification was needed for
·    Where boundary markers are located
·    Measurements for widths of Apple Hill Road and Old Concord Road
·    A plan to maintain the driveway
·    Adequacy of the size of the culvert for the stream crossing on the driveway
·    Soil survey data (to be found in hydraulic report not yet read by board)
·    Where are lights, to be turned on only when needed, not automatically) to be located?
·    Need for screening which Attorney Springer “will be happy to discuss” following site visit by members of the planning board (planned for Sept. 20 at 4:30 p.m.)
·    Is Lucas, who did the Preliminary EPA Screening Report, a wetlands scientist? Who did the flagging?  
·    Is the storm drainage system adequate?
·    Paper showing easement given to SBA over Price land
·    Will a helicopter or a road vehicle bring the building materials to the site?

A motion (Laura Merrifield/Dott Miles) to accept the application as complete with conditions passed without dissent.

Attorney Springer will have a civil engineer at the public hearing.

Review by chairman of outstanding issues
·    DeAngelis driveway has been completed.  Road Agent must review.
·    SBA check has been paid to town for cost of newspaper notice and certified mail to abutters.
·    A modified version of proposed substitute for existing cluster zoning ordinance  (Alternate Development) was passed out to members to review for October discussion.
·    Hazard Mitigation meeting in Sullivan featured Danielle Morse from DOS, who will look into flood hazard mapping for Sullivan, at the behest of Chairman Casey and Road Agent Smith.
·    Law Lecture series begins Sept. 14.  The planning budget will cover four attendees:  Chairman Casey, Laura Lewandowski, Dott Miles; Peter Miles.
·    The accessory dwelling sections of the CPO must be updated to conform to new State requirements; Chairman handed out guidance from OEP.
·    The November OEP conference will focus on wireless communications; no date has yet been set for this conference.

There being no further business, a motion to adjourn (Laura Merrifield/Mark Smith) passed without dissent at 9:29 p.m.