May 13, 2015 Planning Board Meeting

May 13, 2015 Planning Board Meeting

Postby Mary Wright » Thu Jun 04, 2015 8:06 pm


A meeting of the Planning Board was held on Wednesday, May 13, 2015. Mr. Marks called the meeting to order at 7:05 PM and announced that the meeting is being recorded and will be available on cable and on the website.

PRESENT: Ernest Marks (Chairman), Ken Ballou, Michael Greco, Tracy Sharkey, Robert Werme, Jr., Michael Zwicker, William Cundiff (Town Engineer)
ABSENT: Eben Chesebrough (Vice Chairman-Excused)

7:05 PM PUBLIC HEARING: PYNE SAND & STONE, INC. (#ER 150421) Application for an Earth Removal Special Permit, Phase 2, located at 34 Davis Street & 439 Northeast Main Street
Mr. Marks opened the public hearing. Norman Gamache of Guerriere and Halnon and Jim Pyne joined the meeting. Mr. Gamache presented the plan, which shows a combination of Phase 1 and Phase 2. Phase 1 was completed last year. There are 8.9 acres for Phase 2. Reclamation has started for Phase 1. 1.5 acres will be restored. Access to the site will remain the same as it was for Phase 1. The operation will be almost entirely out of sight from the street. Mr. Pyne has filed a request with the BOS to waive the 100’ buffer near the town-owned property. Mr. Gamache reviewed Mr. Cundiff’s comments and his responses.
When the application was filed, the Assessor’s office did not include a small parcel of land in the certified abutters list. Mr. Gamache did an analysis of a 300’ radius and where it would be located in relation to that small parcel. Every abutter who should have been included, was included. Mr. Cundiff stated that the Assessor was able to generate an additional abutter list for that additional parcel and Mr. Cundiff did confirm that all abutters were notified.
The triangular piece of land was shown as owned by the Town. The original submission showed it as one parcel. Mr. Gamache took the Assessor map property line indicators out and pushed the line out so that there are two separate parcels. Those parcels were included in the 300’ radius. The property lines shown in the plan are all from recorded deeds and plans.
A waiver for the 15’ has been submitted to the BOS. Mr. Cundiff stated that the BOS do not grant a waiver, they can only not object to the Planning Board granting a waiver.
Mr. Pyne said that a waiver should have been requested for the cost and acquirement of the proposed restoration materials. A letter has been submitted to the BOS asking them to suggest an approval for a waiver for a 50’ offset to the property line.
Mr. Gamache said that the slopes in excess of 4:1 are temporary. The applicant plans to do more excavating in those areas in the future.
Mr. Cundiff requested additional stormwater calculations. Mr. Gamache stated that the site has been graded so that all the water generated by the slopes is directed to the interior of the site. He has not seen any water on the site at all.
Mr. Gamache will provide an electronic copy upon approval of the plan.
Mr. Cundiff requested that a profile of a cross-section through the earth removal site be taken to show where the ground water is. A hydrogeologist found that the earth removal is significantly above the ground water table. Mr. Cundiff wants the cross- section to go through his two data points to confirm that finding.
Traffic flow and hours of operation will be the same as in Phase 1. It was the consensus of the Board to continue the public hearing until after the BOS have made their decisions about the waivers.
Jeremy Flansburg, 63 Monroe Street feels this project this going in the direction for a subdivision and would like to know if that is being taken into consideration. Is earth being removed that would not be permitted to be removed if this were, in fact, a subdivision? Mr. Marks stated that they need to address the issue before them. Mr. Cundiff stated that the Conservation Commission had no issues with the project.
Andrew Smith, 21 Monroe Street would like to know how the road will come in to take the gravel out. Mr. Gamache indicated the route.
Dennis Michalik, 415 Northeast Main Street asked if the buffer zone is from the brook or the wetland. Mr. Gamache stated that the buffer zone is from the wetland area. Mr. Gamache is not certain if the Permit Extension Act applies.
Rhoda Hendrickson, 17 Monroe Street is concerned about the dust from the operation going into her backyard. Her children will not be able to play outside. Mr. Gamache stated that there is a 100’ buffer of trees. Ms. Hendrickson stated that there are no trees in her backyard. Mr. Gamache said that there is a water operation to keep the dust down. Members of the audience stated that it was never watered the last time and there was dust everywhere on the hillside. Mr. Marks and Mr. Cundiff stated that they never received a complaint about dust, but if there is an issue, to please let them know.
Mr. Michalik stated that he mentioned about the dust the last time. He was told it would be watered, and it did not happen. Mr. Cundiff stated that there are a number of nuisance conditions. Mr. Michalik asked how the hillside would be watered. Mr. Pyne stated he has watered the area with a hydroseed truck.
Ms. Hendrickson asked if Mr. Pyne could put up a fence in the residential areas. Mr. Marks stated that the Planning Board cannot require a fence.
Mr. Marks assured the audience that if a complaint is brought to the Board’s attention, it will be addressed with the applicant.
Mr. Flansburg asked if another bond would be required for Phase 2. Mr. Marks replied in the positive. Mr. Cundiff stated that each permit acts independently.
Ken Robbins, 447 Northeast Main Street stated that Mr. Pyne has lived up to everything he has said he would do and has changed the whole landscape for the positive.
Mr. Smith stated that there are many trees that were knocked down in the 100’ buffer and left. Mr. Pyne does plan on cleaning up the area.
David Gjeltema, 19 Monroe Street asked if the project met all MSHA and OSHA regulations for gravel removal in a village residential area. Mr. Cundiff stated that that is beyond the scope of this Board. The Planning Board puts a condition in their decision that all federal, local and state permits that are required must be adhered to. If there is a violation within the Board’s jurisdiction, they will take it seriously and take it up with the applicant.
Mr. Zwicker made a motion to continue the public hearing Pyne Sand & Stone, Inc. (#ER 150421) Application for an Earth Removal Special Permit, Phase 2, located at 34 Davis Street & 439 Northeast Main Street to May 26, 2015 at 7:15 PM. Ms. Sharkey seconded the motion. Vote: Unanimous.

This agenda item was deferred.

1. Registry of Deeds Form: This item was signed.
2. Minutes: 4/28/15
Approval of the April 28, 2015 Planning Board meeting minutes was deferred to the next meeting.

Application for an extension, Accessory Apartment Special Permit: Ms. Sharkey made a motion to renew the existing Accessory Apartment Special Permit for Mark Potter, 280 South Street. Mr. Zwicker seconded the motion. Vote: Unanimous.
Mr. Cundiff stated that he had a call from someone that lives on Conservation Drive. A culvert pipe at the driveway before the stream crossing is heaving due to the frost. The caller would like the Town to do something. There is $4,500 roughly in surety remaining from Phase 1. However, this is a public way now, and there is no developer to give the money back to.
Mr. Cundiff will do an RDA for the Conservation Commission. It was the consensus of the Board to repair the culvert pipe. The Highway Dept. will do the work. The surety would also pay the cost to sweep the entire road.
Mr. Zwicker made a motion to allocate up to $4,500 that is left in the bond to be used for repairs and street sweeping on Conservation Drive, as needed. Ms. Sharkey seconded the motion. Vote: Unanimous.
Mr. Marks said a letter has been sent to Wildfire Drive and Deer Crossing Estates. Mr. Cundiff will be sending a letter to Stonegate Estates. Between now and 120 days, the streets have to be swept, the drains cleaned, the as-builts done, and some minor brush clearing done. The developer is still responsible for this work. The gift is the road right-of-way and the easements.

Mr. Zwicker made a motion to adjourn the meeting at 7:57 PM. Ms. Sharkey seconded the motion. Vote: Unanimous.

Respectfully submitted,

Mary Wright
Recording Secretary
Mary Wright
Posts: 601
Joined: Thu Jan 12, 2012 8:56 pm

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