Members Present: Bruce Johnson, Mark Whitehill, Neil Faiman, Elizabeth Castro,  Chairman Mike Davidson, Alt. Matt Fish for Alec MacMartin, Alt. Dawn Tuomala, acting secretary.  Jerry Greene, Selectmen Representative, Steve Wagner NRPC

Bruce Johnson informed the Board that WJAA is requesting a continuance.
VOTE:  Mr. Whitehill made motion to continue the case until next month Sept. 19th meeting and seconded by Neil Castro.  All in favor; Motion carried.

Matt Fish stepped down from the board.
Dawn Tuomala in for Alec MacMartin.
Lyndeborough has been noticed for regional impact but the notice went out 1 or 2 days late.  Tracy Turner was present representing the Lyndeborough Planning Board.

    Ari Pollock presented changes made by the applicant they included the approval block; temporary fencing; abutter Mrs. Provost added to the plan; the finish elevation was raised from 460 feet to 475 feet above sea level.  The pond elevation is at 460 feet and Stony Brook is at 470 feet. The finish appearance is still the stepping pattern for open space excavation areas.  The rise has been adjusted to 50 feet and run to 25 feet.

    Mr. John MacLellan, President of Granite State Concrete, presented composite zoning maps of the area in Wilton and Lyndeborough, and provided an overview of project while trying to answer some of the questions raised at last month’s meeting.  The area in yellow is the existing excavation with periodic blasting since the 1960’s. In 1989 the Planning Board approved railroad siding.  In 1991 rail operation began and 90% of material was then removed by rail.  By 2001, 12,000 truck trips were eliminated from the roads.  The area in green is Lot B-12, excavation totals 41 acres. Lot B-154 is owned by Granite State and has 52 acres with a proposed excavation area of 23 acres.  Lot B-141 is separated by a wetland area, which will be a buffer to the operation.  There is a total area of approximately 350 acres, in which 120 acres would be affected by the excavation. The Pike/Quinn excavation is to the north; it is in brown and has been a pre-existing use.  According to Mr. MacLellan, the Pike’s have estimated a life span of 60 to 80 years.  To the west is the railroad owned by New Hampshire Department of Transportation (DOT). Its elevation is above the adjacent site.  Further to the west is Stony Brook.  The Quinn’s own land between the railroad and the brook.  To the north east the lot in Lyndeborough is owned by the Tuttle’s and they live in the house and will continue to do so.  This is a buffer from Cram Hill Road.  To the south there are lots with residential uses. The parcels to be excavated are land locked and have no frontage.  Access will be from Forest Road, over the bridge and under the railroad trestle.  The site is suitable for the proposal because there is stone close to surface in many areas.  Stone removal is the best use for these areas.  There will be many years before any major removal of material in done in this area.  The expansion allows for the extension of the life the company & jobs.  Flexibility of design of pit and removal will minimize the impact on the neighborhood.  They have a blasting expert here tonight ready to answer any questions.  There are many kinds of materials on site.  Blending them together will make a better product.  When the leaves are on the trees they shoot high, when the leaves are off they shoot lower in the pit.  The parcel is isolated; the railroad forms a berm; and there are stockpiles of material to the south.  The runoff in the southern area is directed to the detention basin.  For the rest of the excavation the runoff is directed to the basin of the pit.  They have installed modern up to date equipment.  They operate business with respect for the community and minimize the impact.  Regarding any well failures in area, they will repair them if it is due to their error.  There is 22 acres of excavation at present.  In regards to the silt in the brook, the Conservation Commission and State agreed it wasn’t from this site.  Matt Fish had filed a report with the state in the past.  Regarding the effect of blasting; they monitor blasts and the impact is below the standards.  Regarding the trucks through town; since moving by rail it has eliminated 90% of the truck traffic and the trucks are directed not to drive down the Main Street.  The hours of operation are 6:30 to 6:30 Mon to Fri.

    Bruce Johnson – 120 acres effected.  Reclamation is only stepped rock, no topsoil will be brought in.

    Dave Andrews – Wetlands are a barrier no development in the area to the south.

    Matt Fish – has pictures of the runoff from Granite State as being the source of pollution.  The dust emissions were going up into the air with no water trucks on the site. Recently from Abbott Hill after a blast there was a dust cloud over 35 acres; extending 700 to 800 feet due North to Lyndeborough when a blast went off.  His house is at the corner and he questions since he can feel the blast now then what will happen when they move into the parcels closer to him.  It is a giant hole that is irreclaimable, only granite boulders.

    Ali Pollock - Runoff is controlled by NH DES site-specific jurisdiction permit, which is pending.  Dust is controlled by the watering truck.  Is issue for town jurisdiction if those conditions are being violated?  Lyndeborough allows the blasting on any lot.  Blasting is needed for the loosening of material.  Brian Fowler, is a blasting expert, is present tonight and can answer questions or pass them along to him.

    Gloria St. Laurent – it was stated that the land is land locked, if they acquire Tuttle’s land then can get to Cram Hill Road by the right of way that exists.  Mr. MacLellan assured the board that there is No intention of using that as access to this property.  Mr. Whitehill said the project was presented as having access only from the existing facilities.

    Attorney Bob McKinney represents the Provost’s who are abutters and that they have brought Peter J. McGlew a hydrologist with them tonight. He presented an outline of Mr. McGlew’s experience. There are 3 points they want to make:

1.  Regarding expansion of a non-conforming use on grandfather parcels, there is no inherent right to expand a non-conforming use to other parcels.  These uses would not currently be allowed under the ordinance.  Mr. Whitehill stated it would be permitted with the 5 acres.  Expansion can’t go beyond that.

2. In the regulations Paragraph 7h; the lack of sufficient data for this application.  The floor was raised due to concerns about the water table.  No scientific information for board to decide. Need borings greater than 10 feet.

3.  Asks that the Town have a hydrologist and engineer makes recommendations to the applicant, also have the town’s own hydrologist be present at the borings and monitoring of the site.

    Peter McGlew, hydrologist explained that opening more than 5 acres exponentially impacts ground water and surface water.  The plans tonight have raised the pit floor 15 feet.  The plans do not show any ground water filtering.  If reduced filtering action doesn’t take place than there can be higher concentrations of metals, bacteria and viruses.  The excavation can change ground water flow and the quality leading to contamination of the water.  Through the holes you can get nitrate or diesel fuel contamination.  When it precipitated on expose rock then you could get a higher runoff of metals like arsenic, manganese etc. There will be a greater amount of runoff.  Large excavation at the bottom there will be ponding; contaminants can get into the ground water by the cracks. Collection and ponding need to be operated and maintained properly. There will be more and more runoff from the site.  Testing should be done.  Fueling is another concern.  Need to follow The Best Management Practices. Need more specifics on any concrete area; Fueling/Filling of trucks.  Need to preserve natural areas.  They would like to see details, 100 year flood plain elevation; current ground water elevations and reclaim bedrock ground water levels; details of storage and handling of fuels.

    Cindy Higgins – runoff won’t be impacting the groundwater recharge to other neighboring wells.  What it will do to the wetland, which won’t be replenished as it is now.  Cut off from the ground water.  Neil Faiman said the plans show an easterly flow to wetlands today then after the excavation it will flow away from the wetlands.

    Anne Jasper – not create nuisances etc. create is in italics.
Under 17.1c – non-conforming uses.  Operations will not be extended beyond the property lines.  She presented a signed letter from herself and many neighbors see the file.  The letter detailed many issues of the past and urged the Planning Board to review all documents in all files regarding Granite State Concrete Past and present.  She went on to say today’s buffer zone is tomorrows expansion zone.  No more Timmy stories, instead provided statistics about fatalities so far in 2002-24 deaths relating to abandoned and active pits; 2001-32, 2000-29, 1999-17. Pictures show how uneven the faces can be; freezing and thawing can loosen up and break off; drowning in quarries.

    Bill Mahar – retiree own property on Dale Street. Asks the board to consider risks what happens will affect land and property values.  He asked how much is his house is worth without water. Homes and property owners will want reassessment and taxes lowered due to the quarry, thus creating a domino effect. Tax lowering affects the public works and schools.  Air and water contamination or loss of water is a real problem to citizens.  Does the town have the resources to expand them into the town water system?  Negative effect on all of the town.

    Hal Levine – accepting risk with the loss of home and water and the only one to get reward is Granite State Concrete.

    Matt Fish – clear trail of objections to the police department, to Planning Board and to NH Department of Environmental Services (NH DES) all know about the blasting and it is a nuisance.  It has a major effect when 28,000 pounds go off.  Would you live with it in a residential neighborhood?  Reiterated that blasting shall not be perceivable at the property line.

    Not an expansion of the existing use it is a separate lot that will benefit.

    Jeff Kandt – if get approved then would it be subject to regulations?  Is it perceptible at the lot line?

    John Shepardson – Attended the Conservation Commission meeting – they created a letter to recommend the plans be send out for reviews.  (See the file).

    Spenser Brooks Chairman, Conservation Commission stated that on the August 12th regular meeting The Conservation Commission had 2 major issues 1- they want to have a professional site walk with Professionals; Lyndeborough Conservation Commission, and Nashua Regional Planning Commission (NRPC) to receive and gather information on wildlife in the area.  What is the effect on these species like the red tailed fox in this pristine area?  2. Stony Brook has stopped flowing as of today, and they have concerns on the brook.  They have presented 2 pages of items that they are concerned about and want to have studied.  They want to find the right people to do the studies.  The main items were the Environmental study and someone to work with them to address concerns.

    Ilene Andrews “Nickie” – impact is a forever.  No confidence in the reclamation; and urges the Planning Board to take time to commit to the studies needed.

    Bruce Johnson - no one here has the expertise to do the studies. – Environmental, Hydrology, Engineers etc. There is much to do before any approval of the plan.  Non-conforming use and there are many upset constituents.

    Mark Whitehill - it is permitted in any parcel in town and is a conforming use with approval.  The existing site B-11 should be revisited to make sure that they are in compliance with the site existing plan. Noise; discharge; storm water runoff on the existing lot should be reviewed.  If we look at the existing and it is not in compliance than it can’t be in compliance with more land.

    Neil Faiman – to go forward there will be an expense to the applicant before the Planning Board can make a decision on the issues. The board needs to find that the project won’t be detrimental to the town.  We have consistently had everyone that lives within the vicinity saying over and over that it is a nuisance with the noise, dust and vibrations.  There will be a minimum of an additional 20 years to the neighbors.  How can we not deal with all of these issues?  Be careful not to be totally into experts and that there is subjective view. Accumulate information and then review.

    Ali Pollock – section 4.1 requires a permit to remove gravel. Asks the Planning Board not to make any decision until they receive all information.  The applicants are asking for reviews by an outside reviewer.  There is a distinction of the existing pit being exempt from permits from existing town regulations but need to meet 155 E instead.

    Mark Whitehill  - crusher was approved for the site in the late 89’s and it should be included in the application.  Relies on the existing property to survive.  Need a review by professional to see what is there.

    Bruce studies cost money – can we approve plan if all are glowing given the history?  Granite State should have a plan for the abutters like cut the blasting in half or reduce crushing time etc. Go back to the detrimental effects on the neighborhood.

    Ali Pollock – Granite State is happy to have dialog with the abutters for a compromise, if they come and talk to them.

    Mike Davidson – if glowing reports come back, then with that information there can be mitigation with the abutters and it can be bridged at that point. Many issues need to be addressed.  Much time is needed to answer questions.

    John Shepardson – 2  points. First is to reject application and second to follow up with the evaluation of the existing operation.  Also they are not interested in talking with the attorney.

    Betsy Castro – to be fair to everyone get an engineer to look at the current site we aren’t experts.  Abutter’s points are valid but the overall picture needs to be addressed.  Formulate a list of what to do and get costs for the applicant.

    Steve Wagner - Prioritize the list critical path if it is an allowable use – order to hit critical points first.  Implications developed and then go to town council to get advice.

    Robert McKinney – He offered to have their hydrologist to make list of what to review and to submit it to the board as a place to start.

    Ali Pollock– the abutter’s expert is in the same as Granite State Concrete’s experts with same bias.  Planning Board needs to get an independent review.  Reviewed at same standards as applicants.

    Jerry Greene made a Motion to continue the meeting to September 25, 2002 at a work session, to develop a list for review of the operation.  Seconded by Mark Whitehill.  Amend the motion to also continue the public hearing discussion for the October 16th meeting.  All in favor. None opposed.  Motion Carries.

NOTE:  The planning board will Not be taking testimony that night.  People can come and listen but the board can’t take evidence from anyone.  The board will use evidence as has already been presented and including the information in the letter from the Conservation Commission.

Matt Fish is back on the board for Alec MacMartin.

To Do List from the previous meeting; The application had not been accepted at the July Meeting.
Leighton White – is now in a corporation not in a trust.  Him as president.
Revised road plan with the grading (or waiver)
Show erosion control around fire pond
Culverts at road.
Easement language to be sent to Si Little
Bounds need to be set and walked by Matt Fish as soon as they are in.

Jeff Kevan TFMoran, Inc. This was an old gravel pit is closed and the proposal is to subdivide the parcel into 3 lots.  One lot in the back has 12 acres fronting on the Isaac Frye Highway. The common driveway didn’t comply and has been modified. The common driveway entrance was approved by DOT in its present location.  Monuments have been set and were walked by Matt Fish.  The Fire pond issues were addressed with the moving of the driveway.  It is now u shaped the ditch is stabilized by riprap.  Mark Whitehill asked if any thought was given to coming off Isaac Frye Highway instead of from Route 101. We are trying to limit drives off Route 101. A variance would be needed for coming off a different road than where your frontage is located.  Turn around for the fire department has been noted.

Jerry Green said that it appeared a section of driveway is like a 15 feet wide tunnel. Jeff explained that there were 2:1 slopes on each side of the drive.  Fire trucks come up to second house and then have a turn around.  The existing driveway has been stable.

It was determined that the Easement language hasn’t been to the Town Council.  The language and a copy of the plan need to be sent to Town Council.

Jeff Kevan requested a conditional approval pending town council.  Betsy Castro stated that the revised grading has been done.  Mr. White needs to sign.  The erosion control has been addressed and the bounds were walked and culverts shown.  There is a copy of the driveway permit in the folder but a permit from Denis Maki, the Town Road Agent is needed for the driveway coming off the Isaac Frye Highway.

Motion was made to accept the application by Jerry Greene.  Betsy Castro seconded. All in favor.  Motion Carries.

Neil Faiman made a motion to approve plan with the conditions that the Surveyors stamp and signature and the owner’s signature be on the plans.  And with Town Council’s approval of the easement language and a letter from Denis Maki regarding the driveway off Isaac Frye Highway. Jerry Greene seconded it.  All to be completed by Sept 18th.  All in favor.  Mark Whitehill opposes. Motion Carries.

Steve Wagner NRPC fees for 2.5 hours.  A check to the Town of Wilton for $100 and recording to check HCRD for Mylar plan and easement language.  Need 6 copies of the plan.
 

Jerry Greene explained that that the Town provided all the names and addresses but computer system has only one name and address and this is what the applicant is required to send but the town is required to send to all names.

Jeff Kevan, TFMoran presented the plan and described the subdivision as 8 lots total.  Six lots with frontage on Dale Street and two more reduced frontage back lots. Several lots are to be serviced by common driveways.  Test pits, 4K areas and wells were done for all of the lots.  Lots in the front will be 2.1 to 2.4 ac and the two back lots will have 7.6 and 8 acres.  Wet and dry calculations were done.  The driveway locations were approved by the Road Agent (see the letter in the folder).  There were two letters from town council and the easement documents were now acceptable.  The driveway design was done for the common parts of the drives.

Mike Davidson questions were asked in Si Little’s letter why the driveways don’t come all the way into the site? Are there very large boulders in the way?  Jeff Kevan responded that they had short common drives to keep them close to Dale
Street and that as soon as they can split off the driveway for the back it can get steeper for the single family lot.  Sam Procter stated that Will Sullivan said that Si Little had approved the easements and there was a new letter from Si today.

Neil has concerns with driveway on lot 5 to swing around to house area.

Bruce Johnson commented on the use of logging permits were becoming more prevalent to do a prelude to a subdivision.  Bruce stated that there is a Basal Area Law which says there is a limit of 50% of the trees can be cut on a lot in any one-year time frame.  There were also 150-foot setbacks from the highway, standing bodies of water, and within 25’ of another property line the maximum to be cut is 50%.  There is also a Slash law, which deals with the brush.  Not exempt unless get all necessary permits before.  Intent to cut, dredge and fill, alteration of terrain might also need to be applied for. Site is not in compliance with Slash cutting.  Problem needs to become an issue.
Jerry Greene stated that it hasn’t been proven that they haven’t met regulations.  It isn’t the Planning Boards jurisdiction it is the selectmen’s.

Spencer Brooks, Con. Com. Said that there is a box on the second line of the form that asks about the potential for development.  The State looks at it more carefully if the second box is checked off.  If owners decide on their own where the driveway goes it is not a good thing.  The loggers only need a small way in if it is done properly.

Bruce Johnson said that the road cuts are in, no erosion control and subdivision is done before the acceptance of the subdivision application.  Sam Procter said the Intent to cut was applied for with the state.  Dredge & fill applied for. The Site Specific application requires 100K of disturbance.  If stumps are left in place then it doesn’t trigger the site specific.  The logging landing is not 2.5 acres.

Sam Procter said that a typical logging operation less than 50% done.  Denis Maki ok’ed the logging entrance.  In theory the large trees are taken out then the smaller ones are taken out for the views.  It doesn’t matter if the homeowner or he does it.  All laws were complied with.

Bruce Johnson said that it appeared that more than 50% within 150 feet on the road had been cut.  If they knew that they would be subdividing then come in to the planning board first.

Neil Faiman made a motion to defer this question till a work session later this fall. Jerry Greene seconded. All approved. Motion Carried

Mark Whitehill said that water was brought up as an issue for the fire department.  Pond further up road 0.7 miles.

Spencer Brooks went out with Les Talarico and stated that both ends of property had water.  On the south there is the flood control dam.  To the north the pond in Lyndeborough could be tapped in with a hydrant vs. building a pond.

Dave Holt submitted a letter (see file) that questioned the water source for the subdivision.  Individual wells, common or private?  Individual Septic systems; other requirements written into the deeds. Reduce the property values of his property.

Jeff Lass – Basil law NH forested commission – Under the timber laws if permit is violated than the state will go in. There is a notice up there regarding a violation in 6 wetland sites on the premises (a letter from DES).

Soil Scientist has delineated the wetlands.  And there is no stamp on the plans and there needs to be.  Issue with timber cutter and the wetland has been cleaned up.  Why was DES out there?  DES for state subdivision – contacted wetlands bureau and they contacted the contractor who cleaned up the mess.  State subdivision permit is being issued.

DES posted a notification that there were 6 locations at a 1000 sq. ft. each which  Infringed on the wetlands.  Soil scientist flagged the wetland area.  (It is possible that it was 6 separate violations in the one wetland area delineated not 6 separate areas.)

Jeff Lass – Slash was left next to his property.  Stay within 100 feet of occupied buildings, barns, sheds. Property line setback is 25 feet.

Bruce Johnson was not is favor of accepting the application until we have received information from the Division of Forests and DES regarding the existing site and ask the selectmen to look into it.  State subdivision approvals are still pending.

Question is can this board request from DES etc. or do the Selectmen.  Mark said that we don’t need to accept the application. Selectmen are the enforcement agency the Planning Board can write a letter to them.  Neil stated the need to take into account forestry but don’t have that information in our regulations now. Wetlands delineation requirements and stamps. Si concerns in letter.  Need to address the abutters concerns.

Bounds have not been set.  Jeff wants conformation from board regarding the lot configuration before the bounds are set.

Mark Whitehill made a Motion to continue the hearing to Sept. 18th meeting. Bruce Johnson seconded.  All in favor. Motion carries.

Dawn Tuomala stepped down from secretary and Betsy Castro continued taking minutes.

Dawn Tuomala presented for Mr. Greeley.  Intent is to subdivide Lot C-24 into two lots. Substantial wetlands on site. Conservation Commission approved the plan this afternoon.  Site walk will be by ZBA on September 10, 2002.  Soil test pits presented to Chairman.  Common driveway easement language prepared and presented to Chairman.  3 waivers:  locus plan scale, soil certification by certified soil scientist, and high intensity soil surveys (see waiver requests in file).  Another waiver was requested for the driveway width to be narrowed to 12 feet wide at the second wetlands crossing for 75 feet in length and then it will widen again to the 16 feet.  Letter from fire chief not received as yet – letter to him was presented requesting such.  Drainage calculations done.  Letter from road agent presented.
Jerry Greene moved and Neil seconded to accept the application and 4 waivers – unanimously approved.  Motion Carried.

 Abutter, Mr. Graham, expressed concern about the wetlands – satisfied if all rules and regulations are followed – wells have been somewhat polluted by other construction in the area.  Bruce will walk bounds.  Spencer Brooks mentioned that he had to ask where the house and road were going in because of equipment, etc. on the lot.  Need above information for next month.

Bruce made motion Jerry seconded – continue until next meeting on September 18th.  Time at NRPC:  1 hour.

Dawn Tuomala presented for Mr. Greeley.  Intent is to subdivide Lot C-25 into two lots.  3 waivers requested (same as first 3 for Lot C-24).  Part of the property is across the street.  Subdivide the fields off and create a 19-acre lot.  Soil test pit information presented to Chairman.  Letter to fire chief, with no response, presented to Chairman.  Letter from Road Agent presented to chairman.  Most of the property is in the Aquifer Protection District.
Jerry motioned and Bruce seconded to accept application and waivers.    Motion carried.
Bounds will be walked by Bruce Johnson.
Don Ebner – abutter – concerned with the well water as there are problems when construction is going on.
Motion made by Neil and Bruce seconded to approve conditional on receiving fire chief’s letter and bounds walked.  Motion carried.
NRPC time:  1 hour.
Betsy Castro stepped down from secretary and Dawn Tuomala continued taking minutes.

Septic is within the setbacks – Spencer Brooks liked the 2 culverts and stated that it was the best place for the driveway. ZBA has been granted for system in the setbacks. Got the road agents ok on the new location.  Show this approved and put it in the folder in addition to the existing

Mark Whitehill made a motion to approve the change in location of driveway on lot h-121-2 seconded by Betsy Castro. All approved; Motion Carried.
 

Bill Davidson from Meridians presented a concept to look at loop road. Or to come in with a road and then end in cul-de-sac.  Is there a chance for waiver for the length of the road with a cul-de-sac? Showed a watershed district line.  If you have 2 acres outside of the watershed then it is all right to follow the Res/Ag District requirements. Watch the driveway across the street.  Either line them up or offset.  Look at creating an open space concept.  Soils were good gravelly below with Marlow and gravel up and small amount of ledge.

Home business machine shop has a limit of 5 deliveries per week.  Now looking at people to come to the house for pick ups but will still stay within the limits.  Doesn’t specify who is picking up UPS or client.  He has also received a gunsmith permit so now he can do retail sales.  Limit to 5 customers.  If turns into a real retail then that is another matter and he will have to move.

Thoughts on impacts for road upgrades to compensate town on these fees.  School bus turn around is that going to cost more.  Have Steve Wagner look at impact fees and do we need any additional language.  Criteria to be able to assess much more than just a CIP.

Money for conservation land – impact fee on cluster less that a grid subdivision.  Can exempt from school and roads on elderly housing Look at fee schedules.

Jerry made a Motion to adjourn the meeting seconded by Bruce all in favor.   Meeting Adjourned at 11:45 PM.
 

Respectfully Submitted,
Dawn Tuomala, Acting Secretary