Berlin City Planning Board Minutes
July 1, 2008
Members present: Chair Fran Cusson, Lucien Langlois, Sue Tremblay, Dave Morin, Greg Estrella, Ralph Collins, Richard Cassidy, Ernie Allain, and Councilor Tom McCue
Members excused: Aline Boucher, Julie Cooney, and Jen Boucher
Members absent: Laura Jamison
Others present: Sally Manikian, Berlin Reporter; Barbara Tetreault, Berlin Daily Sun; Don Bouchard, Horizons Engineering; Francis and Felix Pisani, Jerry O'Leary, Councilor Tim Cayer; Pam Laflamme, City Planner
Voting members: Chair Cusson appointed Mr. Estrella and Mr. Cassidy as voting members for the evening.
Minutes: June minutes, Chair Cusson noted that a reference to Don Laroche in the discussion about Jericho Motor Sports needed to be changed to Randy Cicchetto. No other changes were noted. A motion to approve the June minutes was made by Mr. Morin and seconded by Councilor McCue; all members voted in favor, motion passed.
Ms. Cusson noted that Ms. Laflamme requested to add an item to the agenda: Felix & Francis Pisani - design review continuation from June meeting.
Public Comments: none
Design Review - Francis and Felix Pisani were back before the board to continue the discussion from last month regarding their property at 1203 Main Street. Mr. Pisani indicated he had visited with the northern abutter, Jason Vien as the board suggested. Mr. Vien's main concern was the setback and the building being on the property line. The Pisani's have decided to change the size of the building to meet today's setbacks. Mr. Vien mentioned a concern about the compressors, but the Pisani's indicated that the outdoor compressors belong to the flower shop and their plan is to have them indoors. Mr. Pisani indicated his concern that the abutter is not willing to make concessions. The Pisani's are continuing to work on purchasing the Mears property - if they are successful, they will demolish the building
on the property, and then they will build even further over from the current property line. Mr. Langlois raised concerns about the width of the building and the width between the new building and the abutter's building and whether trucks could go around the building conveniently. There also were discussions about the size of the building and whether the size was adequate for their needs. Ms. Tremblay asked about the abutter to the west, and the Pisani's indicated that they hadn't been able to talk with them. Mr. Langlois asked about depth of the property and where their building is in relation to the front setback. There was a brief discussion about the curb cut and the potential problems. The board noted that the preliminary design showed that the setbacks are met, the zoning is correct; the only concern was about parking, and whether it was sufficient. It was determined that the project meets the standards legally. The Pisani's
addressed the concerns the board raised at last month's meeting. They are still trying to acquire the building to the south of their property. They pointed out that while the space was small; the Pisani's were very comfortable with the layout being small. Traffic was brought up as a concern by Mr. Allain. Lighting was discussed and the Pisani's said that they planned on using residential type post lighting. Their hope is to do construction before winter.
Site Plan Review - Easy Wind, Inc. - Jerry O'Leary - Map 410 Lot 5
Chair Cusson asked Ms. Laflamme if the plan was complete. Ms. Laflamme indicated it was complete. Mr. Langlois made a motion to accept the plan as complete. Mr. Morin seconded the motion, the board voted unanimously in favor of the motion and it passed.
Ms. Laflamme gave a brief summary of the history of the Loranger Power wind project and then introduced Jerry O'Leary, a principal with the company Easy Wind, Inc.
Mr. O'Leary started by indicating that they are working with PSNH. His company already has an order in to have towers shipped from California. Mr. O'Leary has been in touch with Chris Gamache of NH DRED, Bureau of Trails. They are working on a formal approval to share trails giving Easy Wind access to the property. Mr. Langlois asked about the size of the project. Mr. O'Leary stated that the complete output of the project will be 4.95MW with each tower producing 150KW. The Easy Wind project is looking for smaller towers so they can erect them on their own. They believe there is enough wind on the mountain to do this project however they do not feel that there is capacity to add more than they are proposing. The turbines to be used are about15 years old, and it is planned that they will run
15-20 more years. The noise is projected to be 45 decibels at 300 yards - will go up to about 48 decibels when in a grouping. Mr. Estrella asked about harmonics to which Mr. O'Leary had no answer. He indicated that they will rotate at 1800 RPM at max speed. Chair Cusson asked about spacing and Ms. Laflamme indicated that Mr. O'Leary had shared with her that the towers will be spaced 100 feet apart. Mr. Langlois asked about slope and where on the mountain the turbines will be located. Mr. O'Leary stated they will be 100 feet away from the property line. Mr. Langlois asked if this was the company's first project and was told that yes it was their first foray into wind. Mr. O'Leary indicated that he has started several companies, and is confident his company is capable and he is looking forward to doing the project, and doing it well. Mr. Langlois indicated concern stating that the present owner was unsuccessful with his project
and wondered why that was.
Ms. Laflamme indicated that Mr. Loranger was essentially a much smaller operation and did the project as a business venture with essentially no guidance at all. Mr. Estrella asked about age lifespan for wind units to which he was answered it varies on the model, the location, the use, etc. Mr. Estrella asked about tax structure, which he was told was a question for the Board of Assessors. Mr. Estrella asked about locations and how they will be selected. Mr. O'Leary will be using an engineering firm to find the highest points and space the towers 100 feet apart. Mr. O'Leary indicated that the cables will be underground onsite and lead to a substation on the existing transmission lines. Mr. Langlois asked about security and was told that the windmills will be monopoles, serviced in place, no guyed wires,
and serviced from the inside. The equipment will be railed to Berlin and transported up the mountain by trucks on roads that are already in place. An engineer will confirm the turbines have been erected properly. Mr. Morin asked about servicing of the site, and was told that Easy Wind's operations manager is currently learning how to maintain them, and that he will likely need to go up to check them every few days. Mr. Estrella talked about migration of birds and migration patterns. That issue was reviewed by Fish and Game with Mr. Loranger's project and they didn't have issues with the project last time. Mr. Morin asked about posting bond or insurance for site restoration should the project be abandoned. There was a brief discussion about mechanical lifespan, concerns about weather, icing, maintenance, hydraulics, etc.
Mr. O'Leary said a big part of this project was that they were able to purchase good used turbines. The company has been happy with the process here in US, and everyone was easy to work with at PSNH. Mr. Collins asked whether there would be perimeter fencing around the first phase; Mr. O'Leary indicated there will be limited fencing and a gate, but that they may not be able to keep everyone out, but they will try to deter people. Councilor McCue asked about the business model and the performance bond, and suggested that the company talk with the Board of Assessors or City Council to discuss the taxation issues. He cautioned that energy projects tend to lead to tax appeals
Ms. Laflamme suggested that the conditions for approval include bonding (to be determined with the City's attorney), receipt of a letter of agreement to accept the power from Public Service of NH, a letter from the FAA letter indicating that lighting will not be necessary, the receipt of a special exception from the Zoning Board of Adjustment, that the approval be contingent on the sale of property, that a record confirming the legal access to the property be produced and presented to the Planning Department, that the City receives both the as-built plans showing the location of the towers after they have been constructed and a copy of the engineered plans for the project once they are completed and that Mr. O'Leary should contact NHDES to determine the necessity of an alteration of terrain permit.
Ms. Cusson opened the public hearing - Ms. Tetreault asked about the tower height and efficiency. The height of the towers will be 85 feet for the towers and the blades will extend the tower height to a bit above 100 feet. The towers would likely only operate about 30% of the time. The public hearing was closed.
Mr. Morin made a motion to table the decision until next month to give staff time to figure out what an appropriate amount is for a performance bond. Mr. Langlois seconded the motion and all were in favor.
Mr. Morin asked for clarification on the 65 day clock, which Ms. Laflamme explained meant the board had 65 days in which to come to a final decision.
Excavation Application - Albert & Mary Guay - Map 407 Lot 3.02
As Ms. Laflamme had mentioned at last month's meeting the City has been advised that it was not properly enforcing our excavation ordinance.
Ms. Cusson asked if the application was complete and Ms. Laflamme indicated it was complete. Mr. Langlois moved to accept the application and Mr. Morin seconded the motion, the board voted in favor.
Ms. Laflamme explained to the board that this application was actually very thorough as the Guay's have all their permits in place. . They have obtained a wetlands permit, an alteration of terrain permit, and a stormwater permit from the Army Corps of Engineers. The Guay's plan is to move their current business from Third Avenue to this property in the future once the location of the second phase of the Route 110 project is determined. The Guay's used Horizons Engineering for their plans. They have a reclamation plan already that shows what the property will look like when developed. The only thing that they are missing is the approval of the Planning Board.
Ms. Laflamme told the board that at this point in all the excavation projects that are currently operating in the City, she had been advised by the State and other communities that the most important thing the Planning Board can do is to be certain that there is a reasonable plan for reclamation in place. The main concern is not to leave the property in a state of raw open land or open pits.
Mr. Morin said that in the standards there was a section that stated after 12 months of cessation of the operation of any excavation, the property must be reclaimed. The plan must show how runoff and erosion will be controlled. Mr. Morin indicated if that wasn't done, then the board could require the standards be met and the property be brought into compliance.
Councilor McCue asked if there was enough material on the property for excavation purposes and he was assured by the applicant that there was plenty.
Mr. Morin said that the board should retain the right to inspect the property from time to time.
A public hearing was held at 8:10, no one wished to speak.
Mr. Merrill complimented the Guay's for their work and wished all applicants were as compliant.
Mr. Langlois moved to approved the permit recognizing that the applicant has 12 months to reclaim the property once the excavation process is complete otherwise minimum standards will be imposed. Mr. Collins seconded the motion and the board voted in favor. Mr. Morin made a motion for
Chair Cusson to sign the permit on behalf of the Planning Board, Councilor McCue seconded the motion. The board voted in favor, motion passed.
Design Review - Major Subdivision - Design Review - Horizon's Engineering - Don Bouchard - Thomas & Scott Dillon, Map 402 Lot 15
Mr. Bouchard presented the plan to the City which is a residential subdivision on Map 402 Lot 15. He reviewed last month's lot line adjustment, which gives the property three points of access in total. The property is bound by Jericho Lake Road to the south of the property, York Pond Road to the northwest, White Mountain National Forest (WMNF) to the west, the town of Milan to the north and Route 110 to the east. 241 acres of the property straddles into Milan.
Each lot in the subdivision will have at least 200 feet of frontage with some up to 600 feet of frontage. The preliminary design of the project calls for septic systems and wells on all 97 lots. Lots will be approximately 11 acres thereby allowing the remaining land, after the house is built, to be placed in current use. Phase 1 of the three phase project will be on the southeastern portion of the property with the access designed off of Jericho Road. Ms. Laflamme asked whether the board should be meeting with Milan planning board according to state statute applications such as this allow the two boards to work together. Mr. Bouchard indicated that the idea might make sense and would speak with his client. He went over the preliminary layout of roads and none of the roads had a grade over 10%;
most were 8%. Horizons used the fire department standards for cul-de-sac design, and the plan calls for nearly eight miles of new road. The project will be done in phases.
Mr. Bouchard stated that there would be wetlands impacts in this project specifically in the road design with impact of about 1 acre. The wetlands impact for entire project would call for 20-30 acres of mitigation. The applicant is already working with the WMNF to discuss preliminarily the possibility of mitigating the boundary between the project and WMNF. Mr. Bouchard shared that the EPA was now more strict about protecting vernal pools and that there may be a need do more onsite mitigation.
The applicant will likely look for more waivers as EPA was happy that the city was willing to work with the previous applicants to lessen the impact in road design, i.e., culvert depth, shoulder width, etc. The applicant wishes for the project to have overhead power and City streets. The project is tentatively being called the Kilkenney Subdivision. The curb cut permits on Route 110, Jericho Lake Road, and York Pond Road will come from the State.
Mr. Langlois asked about the possibility of using City water. Mr. Bouchard indicated that the property elevation was above the filter plant and that they cannot connect directly to the line. The project will need a Storm Water Pollution Prevention Plan permit, an alteration of terrain permit, a wetlands permit, etc. Councilor McCue mentioned concern about City acceptance of the road and the need to review our road standards very early on as well as the issue of a performance bond to the City roads. He was pleased to hear that the applicant had an early start to the easement process.
There was a question about target market to which the answer was a mix of residential primary and secondary home owners.
Lot Merger - Mr. Langlois moved with a second from Mr. Morin to merge Map 135 Lots 90 and 91 on Bemis and Verdun Street belonging to Lorraine Tanguay, so moved the motion carried.
Lot Merger - Ms. Laflamme explained that two lots in this merger request showed buildings on each parcel on our tax maps, but one of the structures had recently been demolished by the owner. Mr. Morin moved with a second from Councilor McCue to merge Map 130 Lots 63 and 64 on Grafton Street belonging to Gerard and Colette Lavoie. So moved, the motion carried.
Public comments - none
Member comments - none
Planner comments - Ms. Laflamme told the board that there would be a staff meeting with NHDOT about Phase II Route 110.
Adjournment - A motion was made by Mr. Morin to adjourn at 9:15PM, seconded by Councilor McCue; all voted in favor, motion passed.
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