Berlin City Planning Board
Tuesday March 4, 2008
Members Present: Chair Fran Cusson, Regular Members: Lucien Langlois, Richard Merrill, Ralph Collins, Aline Boucher; Alternate Members: Laura Jamison, Ernie Allain; Ex-Officio Members Tom McCue, Sue Tremblay.
Members Excused: David Morin, Julie Cooney
Members Absent: Richard Cassidy, Nicole Decosta and Andre Duchesne
Others Present: Roland Viens, BWW; Linda & Leo Poulin; Jim Wagner, Councilor Tim Cayer, Councilor Lucie Remillard, Steve Lafrance, Horizons Engineering; Jay Poulin, HEB Engineers; Councilor Mark Evans, Don Bouchard, Horizons Engineering; Richard Eastman, Albrecht Von Sydow, Jacquelyn Burke, Thomas Burke, and Curt Burke; Pam Laflamme, City Planner
Call to order: Chair Cusson called the meeting to order at 6:30 p.m. She introduced Sue Tremblay as the new Ex-Officio member and Ernie Allain as a new alternate member. She appointed both Ernie Allain and Laura Jamison as voting members for this evening.
Changes to the agenda included there being two lot mergers instead of one. The order of the meeting was also adjusted with the lot line adjustment to be discussed prior to the site plan review.
Public Comments: none
Minutes: Mr. Collins has the addition of the word "they" on the second page of the minutes. Mr. Merrill moved to accept the minutes as amended; Mr. Collins seconded and the motion carried.
Lot Mergers:
Joe Lacroix, 73 Gordon Avenue proposes to join Map 114; Lot 51 and Map 114; Lot 52 for tax purposes. Mr. Langlois moved to join the lots; Mrs. Boucher seconded and the motion carried.
Roger Concannon, 199 East Mason Street proposes to join Map 130; Lot 318 and Map 130; Lot 319 for tax purposes. Mr. Langlois moved to merge lots 318 & 319 on Map 130; Mr. Merrill seconded and the motion carried.
Lot Line Adjustment:
Chair Cusson verified that the application is complete. Mrs. Boucher moved with a second from Mr. Langlois to accept the application. So moved, the motion carried.
Ms. Laflamme explained that the road that was originally proposed to be the second means of egress for Tom & C Realty is currently runs through Leo and Linda Poulin's property. It is more desirable for them to have that road be off their property. Tom & C Realty has found that this also will work for them because they will now connect directly to the cul de sac. Assistant Chief Goudreau has reviewed and is ok with the plans. Mr. McCue asked about the curve in the land that appears on the map. Mr. Bouchard noted that the crossings have to occur at the narrowest point of wetlands and the layout then follows the road alignment.
Public Hearing
Chair Cusson opened the public hearing at 6:54; there being no comments, the public hearing was closed at 6:55. With this adjustment, the new plan will be registered and the existing right of way will be extinguished. Mr. Langlois moved to approve the lot line adjustment; Mrs. Boucher seconded and the motion carried.
Update on Tom & C Realty project - Riverside Heights:
With regard to the new right of way, Mr. Allain was questioned whether this would be a driveway permit or a street permit. Mr. Langlois questioned whether the new access road would affect utilities and Mr. Lafrance indicated that it will still connect to the same water main. There is less impact with this plan than with the earlier one.
Chair Cusson confirmed that the road would be gated and the general population will not be using the road. It will be plowed but used only for emergency purposes. It will have a 24 foot travel surface and needs an opening at least that size. Mr. Lafrance stated that there is 153 feet of frontage on Cates Hill Road; therefore the request for a permit will go to Public Works.
Conditions. Mr. Lafrance of Horizons Engineering, wanted clarification regarding some of the conditions that were put on the project. Condition 7 is the receipt of a letter that water lines were installed to the satisfaction of BWW. Condition 11 is that "as built" plans shall be provided showing street, lighting locations, etc. Both conditions need to be subsequent to building the project. Mr. Langlois moved to amend the conditions; Mr. Merrill seconded.
Mr. McCue asked how we would know that the conditions are being met. Mr. Lafrance noted that it is their intent to record the subdivision and provide the as built plans to the city. BWW would be on site and it is in the best interest of the project to be sure they are happy. Mr. Allain commented that since these will be private roads and not be accepted as city streets, he would like to see easements so that utilities can be maintained. Mr. Lafrance agreed to provide that information. Ms. Laflamme voiced that not only should the subdivision plan should be recorded but she wants the plan that shows all the individual lots recorded as well. There being no further discussion, the board voted all in favor of amending the conditions.
Mr. Langlois moved to have Chair Cusson sign the plans for the lot line adjustment for the Poulin's; Mrs. Boucher seconded and the motion carried.
Site Plan Review Wood Pellet - HEB Engineers, Jay Poulin
Mr. Albrecht Von Sydow of Greenova gave an overview of the project so far. He is hoping to break ground in May and start creating jobs in the summer.
Chair Cusson reported that the notice of approval of a special exception from zoning board was received by the board
Likely conditions for the project include addressing noise. Mr. Von Sydow stated that they have very closely examined the noise ordinance and the project will stay within the limits of the existing ordinance and this will not need to be a condition of the plan.
Ms. Laflamme established that the widening of the East Milan Road and Industrial Park Road is likely to occur along with the Federal Prison Project where five feet of the roadway will be realigned by DOT, thereby possibly eliminating the need for Greenova to redesign the intersection width. The road closure will need the approval of the city council.
This project will be accepted by the board with conditions to consist of the receipt of permits on air quality; alteration of terrain; and wetlands; a letter from historic resources stating there are no historic issues with the property. The City will also want to receive revised recorded utility easements for the City utilities. Conservation areas are to be approved by the council with the easement to be held by the City for the Berlin Water Works property. Another conservation area will be on site and an easement to be held by DRED
GeoInsight
Berlin Water Works requested that GeoInsight to review the project related to the Wellhead Protection Ordinance as the project was thought to be in the Wellhead Protection Zone. It was determined by GeoInsight that the project is also on top of a prime aquifer. They looked at the project in relation to our ordinance and determined that the project is clearly outside the wellhead protection zone created by the city to protect the area.
Mr. Langlois commented that an aquifer protection ordinance if passed would cover all aquifers in the city and would likely limit growth. He agreed that an updated model of the current aquifer should be redefined and added to the wellhead protection zone. He added that if the aquifer is polluted it is gone forever. There was much discussion about the aquifer and the wellhead and at a point during the discussion Ms. Laflamme suggested going through the individual recommendations.
Comments on the GeoInsight recommendations were as follows (See report for exact wording of recommendations which is attached to these minutes.):
1. Jay Poulin responded that the company will have to prepare an SWPPP in accordance with the required USEPA NPDES Multi-Sector General Permit (MSGP) for Sector A: Timber Products. They will be doing monitoring per their permit which will require a certified professional to complete the permit requirements. They will have to submit the results of the sampling to the EPA. The Berlin Water Works would be copied on the reports sent to EPA.
2. In accordance with New Hampshire Solid Waste Regulations, bark or wood chip stockpiles should be covered to the extent feasible…
In his response, Mr. Poulin noted that it is in the best interest of the company to keep the stockpile moving and to not hold the wood until it decomposes. There is a large area of wood that will be stored and covering is not feasible, but there is no anticipation of long term storage. However, this recommendation was based on solid waste regulations and it does not apply to this project. The company will be using Best Management Practices of first in, first out. It was agreed that the solid waste regulations are not applicable and covering the piles is not feasible.
3. The presence of the 1,200 gallon diesel fuel AST is a risk to ground water and BMPs should be implemented to prevent potential drips and spills from impacting storm water and ground water quality…
The tank will have secondary containment and a shed as it will sit in a concrete bunker that can hold the entire content of the tank. If there are fuel leaks they would be captured or captured and treated. Standard operating procedures will be addressed with the operating permit.
4. Based upon the preliminary review of the storm water ponds, additional information regarding its construction should be provided…
With regard to the recommendation 4, more information on the storm water ponds was requested by GeoInsight. Mr. Poulin noted that the topsoil will have to be dug out. It is not an issue to provide the information needed and to put something impermeable on the bottom of the pond. This item is being reviewed by the State as well through the Alteration of Terrain permitting process.
5. Alternate grading should be considered to route storm water away from stored materials, or storm water control devices including berms should be used to reroute storm water around stockpiles or stored logs…
Mr. Poulin indicated that they are in agreement with the recommendation with the exception of covering stock piles, which the board agreed was not feasible.
Mr. Von Sydow voiced that he has a great respect to keep the quality of the water shed. There was some misunderstanding about their operation and GeoInsight had the impression that the plant handles waste wood. He felt that when they revisit the actual operations, they will change some of their recommendations.
Ms. Laflamme reiterated conditions as: receipt of alteration of terrain permit, wetland permit, air quality permit, and receipt of letter from Historical Resources. Copy of SWPPP & Notice of intent to construct, Copy of SWPPP in accordance with MSGP requirements. East Milan Rd and Industrial Rd would be coordinated prior to road construction; however these would not be linked to the construction of project. Conservation easements are accepted and recorded by all parties. Road closure is brought to City Council and accepted; recordation of all easements on the property; five recommendations of GeoInsight as modified per minutes above and # 6 does not apply for the permitting.
Chair Cusson opened and closed the Public Hearing at 8:30 p.m. There were no comments.
Mr. Langlois moved to accept the site plan review with conditions; Mr. Merrill seconded and the motion carried unanimously.
Public Comments:
There were no public comments.
Member Comments:
Mr. McCue commented that the review process was very good. He like that the Board was forward thinking.
Mr. Langlois expressed the need to redefine the wellhead protection zone noting that it can be better documented.
Chair Cusson stated that the Master Plan visioning session will be at 6:00 p.m. at the hospital.
Planner Comments:
Laidlaw has decided to not come to the visioning session. They want to send a letter instead. The session is to get a sense of what the community wants.
With regard to Route 110, the Council voted to set aside $64,000 from next year's budget and the agreements with DOT will be sent.
Information regarding the Spring Planning Conference was distributed.
There being no further information to come before the Board, Mr. Langlois moved to adjourn Mrs. Boucher seconded and the motion carried. The meeting ended at 8:50 p.m.
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