June 2, 2009
Planning Board
Members Present: Chair Françoise Cusson, Aline Boucher, Lucien Langlois, Ernie Allain, Julie Cooney, David Morin, Ralph Collins, Greg Estrella, Laura Jamison, Daniel Malone, Richard Cassidy, Tom McCue, Sue Tremblay, Andre Duchesne
Members Excused: Jennifer Gallant
Others Present: Dana Willis, Max Makaitis, Lorraine Leclerc, Barry Kelly, Ryan Landry, Lucie Remillard, Carl Belanger, Gerry Lacasse, Mike Laflamme, Gary Belanger, Patricia Berry, Mayor Bertrand, Don Bouchard, Jon Edwards, Paul Cusson, Councilor Tim Cayer, Alan Bouthillier, David Brooks, Bill Gabler, Wanetta Collins, Brian Fogg, Larry Roy, Napoleon Rheaume, Steve Halle, Patrick MacQueen, Pamela Laflamme, Ray Kusche, Lou Bravakis, Barry Needleman, Councilor Lucie Remillard, Councilor Ryan Landry, media and public
At the request of Chair Cusson, Mr. Morin announced that the Laidlaw presentation is a courtesy to the Planning Board and there will be no public comments at this time; however the public is encouraged to speak to the Jericho Mountain Wind Company and the proposed assisted living facility at Notre Dame.
Minutes
Ms. Boucher moved to accept the minutes of the May 5 meeting; Mr. Collins seconded and the motion carried.
Presentation Laidlaw Berlin Biopower, LLC
Lou Bravakis established that two and a half years ago Laidlaw purchased the Burgess Mill site recovery boiler with the intent of converting it to biomass. He introduced Attorney Barry Needleman who will be Laidlaw’s attorney for the EFSEC process which is the process whereby the host community can get their issues addressed.
Mr. Needleman explained that there is a committee made up of state agency heads that reviews large energy projects that are viewed to have statewide importance. Laidlaw hopes to submit an application to the committee later this summer and the committee will begin a nine month review. Because of the way the committee is configured, all local approvals are run through the committee. There is an opportunity for the host community to have input and that is by filing as an intervener. Stipulations are developed between the applicant and the community and with the approval of EFSEC; they are attached to the company’s certificate and become enforceable conditions.
Mr. Bravakis indicated that Laidlaw has a background as energy developers who take existing assets and convert to clean biomass (wood chips, bark). They are currently working on conversions in Berlin, Ware MA, and New Bedford, MA. The company is in Berlin because there are three resource centers: an existing recovery boiler, human resources, and natural resources.
Mr. Bravakis went on to say that the recovery boiler remains on the site with a few other buildings with the hope that other businesses will be encouraged establish themselves. Laidlaw will be occupying half of the 62 acres and setting truck patterns in a manner that other businesses could locate on the Brownfield. Rail access and wood storage are being set up in a way to preserve and further enhance the economic engine this project is.
Mr. Bravakis showed a computer enhanced photo of the vision for the boiler after it is complete. There would be a buffer to the community and though the aesthetics are an issue, practicality has to be the predominant factor. He added that Laidlaw has financing for the development of the project and they are getting ready for construction and the EFSEC process, estimating that in a year, they would have a permit to operate.
Attorney Needleman reasoned that Laidlaw has been working on how to address community concerns and working with Max Makaitis and the Advisory Committee to generate a list of local concerns and come to some agreement to use as a basis of stipulations to the permit. The discussions are meant to be interactive between the City and Laidlaw but will ultimately be the decision of the City Council. Some of the items expected are aesthetics, truck traffic, fencing, lighting, etc.; the company wants as much input as possible so that concerns can be addressed to everyone’s satisfaction
Mr. Bravakis noted the positive aspects of the project as: one of the largest taxpayers in the City; they will employ 40 high paying green collar jobs; they will be buying $25,000,000 of wood chips; using waste heat to lower energy costs at the Fraser mill in Gorham to help reduce their energy costs; an infusion of $90 million into the local economy during construction; offer an opportunity to attract new businesses to the mill site; it is a real project and will contribute to the NH 25/25 goal for renewable energy and will save rate payers money; producing electricity with biomass fuel does not contribute to global warming; market for low grade biomass will improve the health of the forests’ sustainability.
Ray Kusche offered to answer questions from the Planning Board. Mr. Morin asked if the company is developing a Brownfield clean up plan. Mr. Bravakis responded that the company is prepared to deal with any environmental issues that come up. Mr. Langlois confirmed that the view of the wood piles has not been depicted yet.
Mr. Allain questioned the chipping operation and whether it will be done off site. Mr. Bravakis indicated that there will be some chipping done on site but it will be in an enclosed soundproof building. Mr. Estrella asked what modifications would be done on the recovery boiler. Mr. Bravakis explained that Babcock & Wilcox will convert the boiler and put in a fluidized bed combustion system as well as an upgraded and new pollution control system. Mr. Estrella asked if 14 months is long enough to have all the equipment in place. Mr. Bravakis replied that they may have to negotiate on a turbine which is major to the project. Mr. Estrella affirmed that Laidlaw will be using the full height of the existing chimney.
Mr. Kusche added that the major part of pollution control will be new and the company will do everything required by the State for an air permit. Emissions for the plan will be very low. There will be steam noise when the boiler starts up but noise will not be the norm. There will be shut downs for about two weeks in April and October. Mr. Langlois asked how much wood will come by rail and Mr. Bravakis explained that they are leaving the option for rail open; however, most of the wood will be trucked. Ms. Boucher confirmed that there would be about 100 trucks per day between business hours with no night or Sunday deliveries.
Mr. Estrella affirmed that there will be 825 lbs of steam pressure generation and a temperature of about 900 degrees. Ms. Cusson asked how the noise level of the plant is during operation. Mr. Bravakis indicated that it will be well within city regulations. The company is held to strict standards on noise, dust and other issues, controlled by regulation.
Mr. Estrella noted that an existing pipeline will be used for hot water; however a steam line will have to be constructed. Mr. Allain was informed that there will be no byproduct of the process that will need to be treated at the City’s sewer plant. Mr. Langlois noted that the company will be using the water going to Fraser; however the water has to be treated before going through the process.
Mr. Morin affirmed that once in operation, Laidlaw will work in conjunction with fire safety officials as well as with their own crews to assure adequate fire safety and fuel yard management. Laidlaw officials thanked the Planning Board for the opportunity to present their proposal. Laidlaw representatives and much of the public left the meeting at this time.
Site Plan Review Jericho Mountain Wind Company
David Brooks and Simon Thomas from Atlantic Design Engineers reported that they are presenting a modified version of the plan based on discussions with the abutter. Decommissioning is addressed and the new location chosen is more than 100 feet from the abutter. Mr. Brooks acknowledged that his plan is to have four turbines at 400 feet each and his previous plan for one higher tower is on hold at this time.
Chair Cusson opened the public hearing at 7:18 p.m.
Brian Fogg representing the abutter Alan Bouthillier, complained that they never received turbulence data and they do not have a profile of the height of the turbine. It is difficult to tell, without the veracity of wind rows, if the wind came due west, if there is potential for turbulence. He went on to say that they appreciate the change in plan but cannot say wholeheartedly that they support the plan. He asked how long the window is for appeal and was informed that it is 30 days.
Mr. Morin commented that the concerns have been addressed to the greatest degree possible and to a greater degree than any other project. Chair Cusson closed the public hearing at 7:29 p.m.
Board Comments
Mr. Morin questioned the values used in the decommissioning plan and Mr. Thomas noted that they used an average value of steel. Mr. Estrella asked if there is a multiplier to convert the current costs to costs several years from now. Mr. Thomas noted that it can be forwarded as a stipulation. Mr. Estrella pointed out that the concrete base of the tower is not included in the estimate and it needs to be modified. Councilor McCue added that purpose of asking for the decommissioning plan was to bring the site back to as close to the original condition as possible.
Ms. Laflamme confirmed the conditions as: ZBA approval for 4 towers not to exceed 400 feet; letter of approval from the FAA; letter of agreement from PSNH for electricity; set backs are greater than needed at 100 feet; access issues will be worked out with BWW or other off site entity; decommissioning plan is to include removal of foundation and utilities and returning the site to pre-existing conditions; the multiplier to estimate cost into the future will be added to the plan; insurance (bond) is to be worked out with the city attorney;
Mr. Morin moved to reopen the public hearing at 7:36 p.m.; Mr. Collins seconded and the motion carried.
Mr. Bouthillier confirmed that the site plan approval would be for towers on the westerly line; setbacks are 120 feet and the towers cannot be moved to the top of the mountain. Chair Cusson closed the public hearing at 7:37 p.m.
Mr. Morin moved to approve the site plan with the conditions listed; Mr. Langlois seconded and the motion carried unanimously.
David Brooks thanked the Board and stated that the first wind farm in Berlin is back in business.
Site Plan Review Dana Willis & James Tamposi
Mr. Morin reported that he is on the Neighborhood Reinvestment Committee and that may be perceived as conflict of interest. Board members did not see a conflict.
Chair Cusson confirmed that the application is complete. Ms. Cooney moved with a second from Mr. Collins to accept the application as complete.
Dana Willis presented a plan to rehabilitate 411 School Street, Notre Dame School, into an assisted living facility. The building was originally built in 1890; burned in 1904 and rebuilt in 1906. The Catholic Church added two wings in 1941 and the gym in 1954. The high school closed in 1972 and the gym was destroyed by fire in 2000.
The plan is to rebuild the school for use as an assisted living facility and to restore the exterior architecture along historic lines. Mr. Willis complimented City staff and commented that everyone has been helpful and easy to deal with. The goal is to restore the building to productivity; restore the property to the tax rolls; design a use that will fit the site and compliment the neighborhood; complete an aesthetically pleasing restoration of the building and grounds, incorporating its history in the redevelopment.
Mr. Willis went on to say that the project will provide tax revenue to the community and will create jobs in the medical field and that will work well with existing Community College courses. Project Rescue Notre Dame also needs to be recognized for their efforts in stabilizing the building
Mr. Willis explained that the plan calls for 28 to 45 individual assisted living apartments for individuals and couples. Mr. Tamposi and Mr. Willis are still looking for an end user to partner with. Individual apartments would be supported with centralized food preparation, counseling areas, medical therapy and everything needed for a person to remain independent for as long as possible.
The typical layout is that each classroom is divided into two apartments. The central hallway will allow access to electrical and plumbing. The Chapel is in place and its ceiling goes two floors.
Chair Cusson opened the public hearing at 8:00 p.m.
Ryan Landry, 11 Russian Street. He asked about construction cost and Mr. Willis indicated that the project is expected to cost between $4.5 to $5.5 million depending on the level of care needed by the facility. Mr. Landry asked how the project is to be financed and Mr. Willis determined that there is going to be a component of Community Development Block Grant financing as well as private financing. Mr. Willis indicated that he does not know what the assessed value will be on the completed project.
Mr. Landry asked about the anticipated cost per year for residents who live there. Mr. Willis stated that it will depend on the end user and the acuity per client. These are going to be clean, safe, comfortable, affordable apartments for people who want to stay in the area; this will provide the niche between private living and nursing home care.
Max Makaitis, AV Economic Development Director, thanked Mr. Willis for his perseverance and thoughtfulness.
Sue Godin, 461 School St. She questioned whether this facility will be solely private pay and Mr. Willis said that he anticipates it will be a combination of both. He and his partner will look for an established tenant with experience in providing the level of attention, acuity based, care. Ms. Godin cautioned that she has seen situations where those who determine the level of care do so based on cost. Mr. Willis acknowledged that he is aware and that they will be looking for an end user with experience. Mr. Godin asked if the street will be improved and Councilor McCue responded that he also wants to talk about that.
Chair Cusson closed the public hearing at 8:15 p.m.
Board Discussion
Mr. Morin asked if there are offsite improvements needed. Mr. Willis indicated that there will likely be water lines to be upgraded. Driveways will go into existing curb cuts and it is possible that sewer connections will have to be changed.
Councilor McCue confirmed that the building will have to be sprinklered. He questioned whether six handicap parking spaces are sufficient and whether snow storage is adequate. Board members confirmed that there is a designated snow storage area in addition parking and it is depicted on the plan. Councilor McCue commented that the intersection at the location of the project is not adequate with a steep grade and turn. There is a need to look at the School Street intersection because of grades and sight lines.
It was determined that the Council’s Traffic Safety Committee could look at the area for ideas; however they need to know what is needed specifically. Councilor McCue suggested addressing the traffic issue by showing a traffic engineer the topography and steep terrain and explaining the traffic and flows that are expected at the intersection. With regard to the parking spaces, Mr. Willis felt that there is an adequate amount to accommodate tenants and staff. He indicated that time is of essence and he is willing to have the plans reviewed by qualified traffic engineer, bringing the recommendations back to the traffic safety committee and absorb the cost of the exercise.
Ms. Laflamme reviewed conditions: having the plans reviewed by qualified traffic engineer with recommendations; ZBA approval has been granted. The Fire Department is comfortable that no new access points are needed. Parking spaces on plan are more than adequate and the ADA number is not specified in the ordinance, so the spaces that have been provided are adequate. Snow storage area is specified. No DES permits are needed and they are working with water & sewer on utilities. The only other condition is a set of stamped plans and as built plans.
Mr. Morin moved to accept the site plan with the conditions of receiving stamped plans and as built plans as well as receiving recommendations on road improvements; Mr. Collins seconded and the motion carried.
Proposed Zoning Ordinance Amendment
Ms. Laflamme stated that the Downtown Zone currently does not allow places of worship in the downtown. Mr. Morin noted that the omission may have had to do with parking. Councilor McCue noted that there may also be issues with places of assembly and how many buildings would be allowed to have many people. Ms. Cooney established that even if the use were permitted, assembly would not be permitted. Councilor McCue added that having tax exempt entities in the downtown may have also contributed to the decision. Chair Cusson asked board members to consider the idea of adding places of worship to the downtown and the item will be placed on the next agenda.
Other
Riverside Heights
Don Bouchard explained that as a condition for Riverside Heights, the Planning Board required written approval of easements for utilities and water. Conditional letters from both PSNH and PNGTS have been received. With PSNH, they are down to legal language; however with the gas company, they want a test pit dug supervised by PNGTS. The client is reluctant to dig without being ready to put pipe in the trench. The Burkes want to continue with the project on the lots 1 through 25 which is south and east of the easements so that they can put up display units and move forward with two or three building permits.
Ms. Laflamme reported that the Burke’s have met all the conditions the board initiated. Mr. Langlois moved to amend the previous site plan approval to allow a phased in plan for the first 25 lots; Ms. Boucher seconded and the motion carried.
Dillon
Ms. Laflamme explained that she has been approached about a piece of land that was subdivided for the Dillon’s. The piece to be divided would obtain its frontage from St. Laurent Lane which is not a city street. In the past the private road statute has been used for building on existing paper streets. This lot would have no frontage on Route 110 and would have access by going over two private properties to St. Laurent Lane. Mr. Morin voiced that the Board would not be comfortable allowing such an adjustment and they would be back tracking on requirements that have been established and have precedence.
Public Comments – there were no comments
Member Comments
Councilor McCue voiced that the Board should not be reluctant to be asking developers to be responsible for offsite improvements and the city should not pick up the tab.
Mr. Collins asked if the Board could be kept apprised of activities at the ZBA.
Planner Comments
Master Plan implementation chapter meeting will be at 6:00 p.m. Wednesday, June 10th at AVH
Route 110 Phase II final hearing will be at the Jr. High on August 13 at 7:00 p.m.; more information will be forthcoming. This would be a hearing before three hearings commissioners where a formal decision would be determined.
Bureau of Prisons job information session will be at the Jr. High Wednesday, June 3 at 6:00 p.m.
Business opportunities for small business with the Bureau of Prison will be held at the College from 2-4
Drive in the 50’s – June 4, 5-8
Tomorrow is the ice cream social and opening of StoryCorps. Ms. Laflamme encouraged everyone to sign up to record their stories and histories.
Chair Cusson will not be at the next meeting and Mr. Morin will be acting chair person.
Minutes from last meeting were distributed prior to this meeting and will be up for approval at the next meeting.
The Zoning Officer has received a notice of appeal of administrative decision to the ZBA from Cooper, Cargill, and Chant representing Jason Viens. They are challenging whether the lot was a legal lot to build on. The City attorney will continue to represent the Planning Board and will do a written opinion which he is encouraging the Board to share with the ZBA.
Chair Cusson will represent the Planning Board the last Wednesday of June as the Planning Board’s representative. If the ZBA needs an attorney, they will have to get their own legal counsel if necessary.
Councilor McCue asked for copies of all that has transpired to the City Council.
Mr. Morin moved to adjourn; Mr. Collins seconded and the motion carried. The meeting ended at 9:18
Respectfully Submitted,
Susan Tremblay
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