Meeting Minutes
May 2, 2017
BD, SB, PS, BH, CW, HK, KS
PLANNING BOARD
RINDGE, NEW HAMPSHIRE
May 2, 2017
DATE: May 2, 2017 TYPE: Public Hearing APPROVED: May 16, 2017
TIME: 7:00 pm
CALL TO ORDER: 7:00 PM
ROLL CALL MEMBERS: Phil Simeone; Bruce Donati, Sam Bouchie,
ROLL CALL ALTERNATES: Cheves Walling, Holly Koski
ABSENT: Charlie Eicher, Jonah Ketola, Jason Paolino
EX OFFICIO: Bob Hamilton
PLANNING DIRECTOR: Kirk Stenersen
APPOINTMENT OF ALTERNATES: Cheves Walling for Jonah Ketola; Holly Koski for Charlie Eicher
OTHERS PRESENT: Roniele Hamilton, Kim McCummings, David Brogan, Kelen Geiger, Stacey Strout, Joshua Parker, Emily Golinsky, Jed Paquin, Paul Richert, Robert Paquin, Chris Mawhinney, Lars Sauvola, Laura Sauvola, Matthew Lasorsa, Sally R. Lasorsa, Randi McHugh, Rick Kohlmorgen, Jed Paquin.
7:00 PM
Pledge of Allegiance
Call to order and Roll Call by the Chairperson
Appointment of alternates
Cheves Walling for Jonah Ketola; Holly Koski for Charlie Eicher
Announcements
Chairman Bruce Donati welcomed back Bob Hamilton as the Ex Officio to the Planning Board.
Chairman Bruce Donati advised those who have applications before the Board this evening, that the Board is a 6 member Board rather than the normal 7 members. Should any applicant wish to have their case continued to a meeting with a full Board, Chairman Donati asked that they request that prior to their case being heard.
Chairman Bruce Donati advised the audience that this meeting is being videotaped for the purpose of creating the minutes. He called their attention to Section 12, Item 3 of the Rules of Procedure.
Approval of Minutes
1. April 4, 2017
MOTION: Phil Simeone moved to accept the minutes as written. Sam Bouchie seconded the motion. Vote: 6-0-0
Old Business/Continued Public Hearings
Chairman Bruce Donati read the case before the Board:
Continued from April 4, 2017: CONSIDERATION OF an application for Earth Removal/Excavation submitted by Kohlmorgen Housing LLC. The applicant is seeking to remove 4,612 cubic yards of material at Map 11, Lot 1-1 located at 220 Woodbound Road in the Residential-Agricultural District. The landowners of the property are Richard and Janet Kohlmorgen.
Planning Director Kirk Stenersen said that this is a continued hearing. The Planning Board had requested a plan of the material on the property.
Rick Kohlmorgen provided the Board with copies of the plan (“Excavation Site 1 As Built Plan dated April 25, 2017”) as well as a letter dated April 15, 2017, from C&C Trucking (Bruce and Denise Coll) who will be removing the material. Chairman Donati read the letter into record.
Chairman Bruce Donati said that Plan Note 11 says that 3500 cubic yards of material has been excavated from this site with 6,000 cubic yards remaining.
MOTION: Phil Simeone moved to accept the application as complete. Cheves Walling seconded the motion. Vote: 6-0-0
Planning Director Kirk Stenersen said that the difference between the 6,000 cubic yards remaining versus the 4600 cubic yards that was originally thought lies in the realm of normal discrepancies when estimating excavation sites.
Chairman Bruce Donati read the plan notes into record.
Chairman Bruce Donati read a letter dated April 4, 2017 from Ken Smith of 176 South Woodbound Road. This letter asked for the board to “…deny this permit once and for all for the safety of the general public and wear and tear on town roads in a residential neighborhood OR give him three months to finish what they said would be done years ago.”
Phil Simeone and Holly Koski both asked if there was still a performance bond in effect for the reclamation. Rick Kohlmorgen said that there is. Planning Director Kirk Stenersen said it is $6100.
Phil Simeone asked Mr. Kohlmorgen for a timeline. Mr. Kohlmorgen said that Mr. Coll has need for material and this should be moved quickly.
Phil Simeone asked about the situation with the third pit that was opened and not permitted. Mr. Simeone asked Mr. Kohlmorgen if this could be reclaimed. Mr. Kohlmorgen said he has walked back there and it is beginning to natural reclaimed. Mr. Simeone asked Mr. Kohlmorgen for something in writing that he would reclaim this pit. Mr. Kohlmorgen said he would ask that this be reclaimed when the equipment is on site.
Bob Hamilton asked if the conditions on the original approval would carry over to this approval. Planning Director Kirk Stenersen said that they would be.
Phil Simeone asked about inspections that are to be done weekly. Are these being done? Who is doing these? Planning Director Kirk Stenersen said these are not town inspections but operator inspections. Phil Simeone asked Mr. Kohlmorgen if these are being done. Mr. Kohlmorgen said he walks back there periodically to check things.
Bob Hamilton asked for a timeline as this has been going on for a long while. Planning Director Kirk Stenersen read from the Excavation Regulations which states that permits are for one year. Chairman Bruce Donati asked if it could be issued for less than a year. Planning Director Kirk Stenersen said that a one year permit may make sense as with road closures in spring and the need to reclaim, that cannot be done in the winter, it may take that long to complete all of the requirements of this application.
Chairman Bruce Donati opened the public hearing.
Chairman Donati asked for any abutters in the audience in favor of this application to speak. There were none. He asked for abutters opposed.
Kelen Geiger said that she considers herself an abutter because this is a road that she uses all the time and this affects her. She said she really hopes that the Board will deny this. She said that the last time this was renewed, it was supposed to be completed and it was not. She also stated that he went in to an unauthorized pit as well. Kelen Geiger said that anytime the Conservation Commission went, he was not doing what was required. Mrs. Geiger said that she doesn’t understand why this is going on and on and on in a residential area. She said she saw no bales, no silt fencing, when she went with the Conservation Commission. She said this is wrong and not fair for the people on this road. Kelen Geiger said this has taken five years and it is too long. Kelen Geiger asked that the Board deny this application.
Planning Director Kirk Stenersen said the original permit was issued in September of 2012. Matt Henry who was the Planning Director at that time did go out and inspect, and at that time, all conditions were being met. Kirk Stenersen said that Mrs. Geiger’s statement that every time ConCom visited the site there were problems is a false statement. Planning Director Kirk Stenersen read from a ConCom Site Visit report from May 29, 2015 in which Con Com said that it appeared that this was a ‘well done operation”. Kelen Geiger said that she apologizes for making an incorrect statement and that the visits she was referring to were after that date.
Phil Simeone asked if anything could be done about reclaiming the unauthorized pit. Planning Director Kirk Stenersen said that Mr. Kohlmorgen has offered to take care of it when equipment is available and asking is all we can do. Mr. Simeone said this is a concern and for safety purposes it would make sense to knock this down and that he hopes this will be taken care of.
Planning Director Kirk Stenersen said that he recommends approval of the Excavation Permit Renewal with the following conditions of approval:
1) Excavation is limited to the scope outlined in the Earth Excavation Plans presented to the Planning Board on September 18, 2012 as well as Excavation Site 1 As Built Plan dated April 25, 2017 by Graz. Engineering. Documented correspondence among the applicant, town staff, and the Planning Board shall be considered a component of the Earth Excavation Plans unless otherwise modified in these conditions.
2) Any conditions placed on other permitting agencies shall be included as a component of this approval.
3) Due to the fact that Woodbound Road is located within the Residential - Agricultural Zoning District and there are residences residing along the road, the excavator shall be limited to no more than 30 loads per day.
4) No additional tree cutting is permitted along the northerly portion adjacent to the isolated wetland located at Excavation area #1 and silt fencing shall be placed along the bank. This is intended to reduce the amount of sediment running into the wetland.
5) All silt fencing and hay bales shall be kept in satisfactory condition and remain in place until the excavation is completed.
6) The permit shall expire May 2, 2018. Renewal of the permit beyond that date requires a new application.
7) Throughout the excavation, the applicant is bound by any restrictions imposed by the Board of Selectmen, or their designee, regarding the use of all roadways. Lack of observance of these restrictions is cause for the permit to be revoked.
8) All conditions of the original Notice of Decision of September 18, 2012 for an Excavation Permit shall apply.
Phil Simeone said he is not too happy about this but may be willing to give it one more time period. Bob Hamilton said he just wanted to state that this is not a renewal, but a new application.
MOTION: Sam Bouchie moved to grant approval of the Kohlmorgen Excavation Permit Application as presented with the 8 aforementioned conditions. Holly Koski seconded the motion.
Vote: 5-0-1 Phil Simeone abstained.
New Business/ Public Hearings
Chairman Bruce Donati read the case before the Board.
CONSIDERATION OF an application for Site Plan Review submitted by Camp Starfish, 636 Great Road, Suite 2, Stow, MA 01775. The property is located at 12 Camp Monomonac Road, Rindge NH 03461, Tax Map 3 Lot 71 in the Residential Zoning District. The applicant is seeking approval to erect a multi-use cabin.
Planning Director Kirk Stenersen said this is a continuation of Camp Starfish’s Master Plan and this is Building #11. Camp Starfish has submitted for approval of a minor site plan application for the addition of an 816 square foot 3-bedroom multi-purpose cabin (24’ x 34’ single story building) within the existing Camp Starfish.
The applicant has provided the Planning Board with the information necessary to make an informed decision on the application.
Planning Director Kirk Stenersen provided the following background:
· The proposed project is located in the Residential Zoning District on Tax Map 3 Lot 71.
· There is no public infrastructure or utilities proposed.
· The subject parcel is 43.56 acres per the ALTA/ASCM Land Title Survey provided.
· Access to the site is proposed to be from the existing access roads throughout the property which ultimately connect to East Monomonac Road.
· The proposed building will have its own septic system which is pending NHDES Subsurface Systems approval.
· The proposed building will be serviced by the existing artesian well during the summer months.
· The proposed building will be connected to an existing utility pole on the property.
· Storm water runoff will be minimal for a relatively small building footprint and will be even less due to the high infiltration rate of the soils in the area. The infiltration rate is less than 2 minutes per inch.
· It had been requested of the applicant to submit a revised septic design to clear up the discrepancies in the 150’ and 250’ shore land lines shown on the plan. This has been provided this evening.
· Camp Starfish does have a Variance from the ZBA (Zoning Board of Adjustment) for their Master Plan which includes this building.
Chris Mawhinney said this is a small three bedroom building designed specifically for a group of older kids at the camp, from 16 to almost 18 year old kids. The goal is to have them live here with a counselor or two to help teach them to live on their own. They are taught how to shop, how to clean, how to cook and how to pay bills. That is why this cabin is located away from the rest of the camp. It is to teach independent living.
Board members asked questions of Chris Mawhinney about this design. This building will have a basement that will have no access from the main house. Phil Simeone asked if this was handicapped accessible. Chris Mawhinney said it is not for its use is for a specific group of kids who do not need it to be.
MOTION: Cheves Walling moved to accept this application as substantially complete. Phil Simeone seconded the motion. Vote: 6-0-0
Roni Hamilton asked if this building would be year round. Chris Mawhinney said this building has no heat and will not be used year round.
Kim McCummings asked about the handicap access within the building. Chris Mawhinney said this is not considered a public building and is for a specific use and therefore, they are not required to make it handicap accessible. Emily Golinsky, Director of Camp Starfish said that all of their kids have disabilities, but most are not physical and due to the topography of the camp, it would be very difficult for them to get around. She said they do take children in wheelchairs and have other buildings that are accessible and suited to that population. Emily Golinsky said for this particular program was designed through a very specific grant for a very specific group of children.