Wilton Planning Board

Work Session May 03, 2006

Wilton Town Hall, 7:30pm

 

Members present; Alec MacMartin, Selectmen’s Rep. Dan Donovan, Neil Faiman, Chairman Matt Fish, Brian Sullivan, Andrew Fairbank, Jeff Kandt, NRPC Representative Steve Wagner and Alt. David Holder.

 

Jim Tuttle and Tom Herlihy were present to represent the Water Department.

 

They showed a booklet produced in 1993 that illustrated the wellhead protection area on the cover.  The booklet was produced by Doug Heath who now works for the DEA in Boston.  Heath looked at approximately 318 acres and mapped the area which is in the present excavation area.  Later Mr. Herlihy read two paragraphs.

 

They also showed another map that showed the Lorden land that was sold. 

 

Mr. Tuttle presented maps

1.                  Figure 1: Designated WHAP and Tax Maps near Wilton’s Public Water Supply Wells

2.                  Figure 2: Monitoring Wells located near the Proposed Gravel Excavation Area, Wilton, NH

 

3.                  The Wilton N.H. Wellhead Protection Area Pilot Project by Douglas Heath dated Oct 1993 (on file at town hall and the Water Dept.)

Ground water management section U.S. Environmental Protection Agency Reg. 1, Boston, MA.

 

Joanna Eckstrom was present and reviewed the maps.

 

Mr. Fish explained that a lot of the land was excavated prior to the Excavation District being established.  The majority of the land is not in the excavation district.

 

A letter dated February 27, 2004 from Emory & Garrett: The letter mentioned the Heath report and said the wellhead protection area does not contribute.  A memo dated January 12 discussed water across the site and that it might be the well protection area might be to the north of Russell Hill (see file).

 

Discussed the trade for material from the blue area on the map for land near the wells.  After the excavation the area will end up with more land and will be 4 feet higher in the water table.  Mr. Tuttle’s concern is that with more permits and no control that we can’t be guaranteed things will be done correctly.

 

What is going on now even though it is in the zone, the information of the water in Mike Davidson’s land and the Quinn’s lots, with the excavation and where they are working now the flow of the water is going away from the wells and ledge and the water is going to the Souhegan River.  A day like the past two days, the wells were clean and higher.  (Weather the last two days was many inches of rain and flooding)

 

Mr. Fish commented the Board does not have any intention of polluting the water.

 

Mr. Tuttle and Herlihy were informed the ordinance has not added anything or changed what can be done there.  This is a work in progress and if the Water Commission has concerns or would like to recommend standards that they would like to see incorporated in this zone to protect what is there, for example; depth of water table, they can certainly be incorporated to make sure there is no detrimental effect.  Every application goes through a review.

 

Mr. Tuttle felt that the focus in on this area now but the Board felt there was limited excavation areas left in town.

 

Mr. Faiman mentioned there are changes to amend the ordinance or to change the regulations.  In the past we have not done a lot with those regulations the Board would be happy to get a list of recommendations from the Water Commission to go into the town’s gravel operation.

 

On the map, the blue line is wellhead protection area or water recharge area.  The difference is the wellhead protection is best management practices.  400 foot radius.

 

From Town meeting in February 2004 the land was swapped and that was before the Gravel Excavations ordinance was in place.

 

Ms. Eckstrom asked if what was voted at town meeting was to only do excavation in this area?  The answer was the new operations maybe a very small section if any could be excavated here. (Referring to the wellhead protection area).  She also said she lives on Laurel Hill Rd. and asked if she could excavate on her land to take out the granite and take down the hill and to sell it off.  She was told that to sell it was not allowed but can take the hill down if she was going to keep it the gravel on site.

 

Tom Quinn said he recognizes the maps presented by Jim Tuttle as the maps made by Emory and Garrett when New Spartan came in for the Davidson excavation application.

 

“Water Department spent $30,000 to pay for the test wells because this was put here”, said Mr. Tuttle.

 

Dan Donovan apologized if the water commission is offended by lack of specific notice.  Abutter notice is not required for an ordinance. This Board is well in tuned to the issues.  The status that regulate at the state level, 155-E, states the regulator should not give a permit where the excavation would damage an aquifer or would be at risk to the public.  The Board said even if they wanted to grant a permit could not do so with this protection in place.  Mr. Donovan said he would be happy to be a member of a committee to work with the water department to protect this area.

 

Mr. Tuttle said that the Souhegan Valley Engineering and Mr. Quinn’s engineers were well under way before this was in place so he feels the permits were on the table.  The Board stated that the landowners can have their engineers working on the projects way before it is ever submitted to the Planning Board so they may not be aware of the applicant’s intentions until it comes before the Board, just like other Boards or Commissions would not know about it either until it is made public.

 

Andrew Fairbank wants to clarify and separate two areas of concern.  First, is the concern with the Excavation District, that they can excavate in this area?  Second, that they are grandfathered and part of the permit process to take more gravel would be studies that they don’t disturb the recharge area and that would further restrict the gravel being taken from Wilton.  Mr. Tuttle said the point he was trying to get across even though there is activity in this area is that the majority has not taken part in the recharge area.  Mr. Tuttle went on to explain the Water Department agreed to swap land with the Quinns to further protect the recharge area and they feel if all the activity is in this area it can effect the water.  We have no problem with Mr. Quinn or Mr. Davidson.  Mr. Quinn was very agreeable.

 

Discussed that the Water Commissions are joined as necessary partners for this and then the Town and or Water Department goes out and hires independent engineers at the expense of the applicants.  The applicant has to know this could be an expensive project.  The Water Dept. can recommend who they would like to conduct the engineering review.

 

Steve Wagner found research online: Commonly used methods for Wellhead Protection Areas Delineation, dated Feb. 2004

 

  1. Arbitrary Fixed Radii
  2. Calculated Fixed Radii
  3. Simplified Variable Shapes.
  4. Analytical Methods
  5. Hydrogeologic Mapping
  6. flow/transport model     00 foot radius

 

VOTE: Mr. Faiman moved the Planning Board establish a joint committee with 2-3 members of the Planning Board and 2-3 members of the Water Commission to draft proposed additions to the Town’s Gravel Excavation Regulations or ordinance with specific attention of the ground water research.  Mr. MacMartin seconded.

 

Mr. Donovan said he must disclose that he is friendly with all three members of the Water Commission and he has provided legal services prior to being elected as selectmen and asked if they felt he should recluse himself.  No one present in the room stated they felt he should recluse himself.

 

Motion passed unanimously to the vote.

 

The Board asked if the Water Commission members would participate and they said yes.

 

Alec MacMartin, Dan Donovan and Neil Faiman will be on the committee while NRPC will provide services.  The first meeting will be June 7 at 7:30pm at Town Hall and then meet thereafter the first Wednesday of the month.

 

100% of the water of the well comes from across Rt. 31 to the Everett Well.

The Everett Well captures all the best material that is across the street.

 

Ms. Eckstrom asked what was approved at town meeting.  She was told the vote created a district in which all excavation in the areas will happen and they increased the regulations on the detrimental effects not harmonious to living in Wilton.  The excavation lots were located near major highway and were large lots that had gravel to export.  She asked if it meant Rt. 31 can’t be expanded and the answer was yes, it has three categories.

 

Jim Tuttle discussed how the aerial photo indicated the best area to develop the current wells.  Both wells are 52 feet deep.  It is the purest water also.

 

Discussed water treatment plants and why it is cost prohibitive to build one.  They would like to protect the wells all the way up to Temple Mountain.

 

Tom Herlihy read from page 22 under “Wilton” from the Hydrogeology of Stratified-Drift Aquifers and Water Quality in the Nashua Regional Planning Commission Area, South-Central New Hampshire.  (See the end of the minutes)

 

Mr. Herlihy presented a map titled Wilton New Hampshire Well Head Protection Area Delineation Pilot Project dated August 6, 1992.  Plus a map of Wellhead Protection Areas of the Abbott and Everett Municipal Supply Wells and Elevations of Ground Water and Surface Water on August 6, 1992

 

Leighton White - Lot E-17

Gravel pit inspection

Alec MacMartin is off the Board.  Mr. White was not present at this time.

 

Matt Fish made a site visit and reviews the photos and what was found on-site.

  1. Bricks, pipes and site work debris.  Estimated 1,000 yards.
  2. stump piles (new stumps)
  3. shifted topsoil
  4. Only saw two small areas opened about the size of this year.
  5. Didn’t see any evidence of this stuff going into the ground but a significant amount of material there but should not be going in there.

 

Mr. MacMartin said the stumps were going to be chipped and used to reclaim the area.  Suggest if it is an issue to write Mr. White a letter.  Mr. Tuttle reported the incident at a recent meeting and was questioned on what he saw.

 

The ZBA permit expires in Nov. 2006.  It is controlled in the special permit.  Page A-48 Prohibited Uses.

 

Leighton White arrived at 8:45pm.  Mr. White said he is unaware of the “junk” on the site and wondered if he could bring in material for storage, he said that was a mistake.    He does want to bring in stumps.  Mr. Sullivan read the ZBA agreement for stumps.

 

Mr. White stated that he was not burying stuff and will get anything that does not belong there out of there and clean it up. 

 

Mr. White said the bond was at the office since around April 10, 2006 and he has a receipt.  Mr. White said he would increase the bond and will remove the pile by fall.  The permit expired in 1996.

 

VOTE: Mr. Sullivan moved to grant a 90 day permit renewal that can extend contingent on the solid waste being removed from the site and keeping the same bond in place.  Mr. Donovan seconded the motion.  Motion passed.

Alec MacMartin is back on the Board.

 

Elected Officer

David Holder offered to be available at request when he is in town to aid in some of the responsibilities of the chairman.

 

VOTE: Mr. MacMartin made a motion to appoint co-chairs Brian Sullivan and Andrew Fairbank.  Mr. Donovan seconded the motion.  Motion unanimously passed.

 

VOTE: Mr. Sullivan moved to approve a subcommittee of Jeff Kandt, Neil Faiman and Brian Sullivan to form an IT Committee (Information Technology).  Mr. MacMartin seconded the motion.  Motion passed.

 

VOTE: Mr. Sullivan moved to adjourn at 9:50pm.  Mr. Kandt seconded the motion.  Motion passed.

 

Respectfully submitted,

 

Kathleen Humphreys

 

_______________________________

LETTERS ON FILE THAT WERE READ DURING THIS MEETING:

Note: Mr. Tuttle didn’t leave the secretary a copy of the letter the night of the meeting but this was handed in.  This was read by Mr. Tuttle.

 

To: Wilton Planning Board

From: Water Commissioners Tom Herlihy and Jim Tuttle

Date: April 19, 2006

 

Ladies and Gentlemen:

 

Wilton Water Commissioners Tom Herlihy and Jim Tuttle wish to strongly disagree with Planning Board’s Article 2 as passed at the March 2006 elections.

At no time were the Water Commissioners consulted on this article prior to it being put on the ballot even though several Planning Board members were well aware that the affected area is part of the recharge system for the Town’s two production wells.  This information was widely distributed during the latest Quinn Bros./Davidson hearings and approvals.

Apparently all of the engineering work done by Emery and Garret Groundwater and paid for by the Water Commission and the findings of the Doug Heath EPA report were disregarded by the Planning Board when they crafted their article.

          We feel that no more permits should be issued beyond those already approved until a comprehensive study of the entire aquifer replenishment area has been completed.

Further, while the Water Commission will contact New Hampshire Department of Environmental Services and the Federal Environmental Protective Agency for their input, it should be incumbent on the Planning Board to sponsor and pay for a complete assessment of the potential aquifer recharge damage that may result from further gravel removal in the so-called “gravel removal district.”  Anything less amounts to gross negligence on the Planning Board’s part.  This study should have been performed prior to the article being voted upon, but since the deed is done, a moratorium should be placed on future expansion until all parties are satisfied that no harm will come to the Town’s water supply.

There has been some mention, by a Planning Board member, that the Water Commissioners favored expanding the gravel pit in this area and were in favor of Article 2.  Nothing could be further from the truth regarding the feelings of Commissioners Tuttle and Herlihy.  We objected to the most recent Quinn expansion from the outset and only set up the stringent rules now in place as a last resort because it was apparent that a permit was going to be issued despite our misgivings.

We are not now nor will we, in the future, be in favor of expanding the gravel mining operation in the area described in Article 2 until and when a thorough investigation of potential harm to the Town wells has been completed and we are convinced that no harm will come to our public water supply.  To do otherwise would betray the confidence that the voters have placed in us and the competence the water users expect.

Commissioners Herlihy and Tuttle will consider legal action if the Planning Board does not honor the above request to any further actions to expand gravel removal in the Wilton Grave District.

 

Respectfully submitted

Tom Herlihy, Jim Tuttle

 

____________

Tom Herlihy read from page 22 under “Wilton” from the Hydrogeology of Stratified-Drift Aquifers and Water Quality in the Nashua Regional Planning Commission Area, South-Central New Hampshire.

 

Wilton

            Permeable stratified drift covers 5.2 mi. or about 20% of Wilton.  These stratified-drift deposits are found in continuous bands along Stoney Brook, Blood Brook, a Stoney Brook tributary, and the Souhegan River (pls. 1 and 2)

          The most important aquifer available for additional development is along the Souhegan River near New Hampshire State Routes 101 and 31 (pls. 1 and 2).  This aquifer extends from the Massachusetts border northward toward Wilton Center and westward up the valley of Blood Brook.  Seismic-refraction and test-well data indicate the presence of about 80 ft. of saturated sand and gravel in this area.  Well W-6 in this aquifer has a yield of 500 gal/min.  Transmissivity in the most thickly saturated part of this aquifer is greater than 8,000 ft 2/d.

         

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