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Planning Board Minutes 04/03/2007
MINUTES
CHARLESTOWN PLANNING BOARD
APRIL 3, 2007

Members Present:        Robert Frizzell – Chair; Sharon Francis – Vice-Chair; Brenda Ferland – Ex-Officio; Kennith Champney, Ken Moore, Doug Ring, David Sussman

Alternates Present:     Eric Lutz

Staff Present:          David Edkins – Planning & Zoning Administrator
                        Regina Borden – Recording Secretary

CALL TO ORDER & SEATING OF ALTERNATES:  Mr. Frizzell called the meeting to order at 7:00 P.M.  He noted that the full Board was present so the seating of alternates was not necessary.

APPROVAL OF MINUTES OF MARCH 20, 2007:

Sharon Francis moved to approve the Minutes of the March 20, 2007 meeting, as printed.  Brenda Ferland seconded the motion.  With seven members in favor, the minutes were approved.  

ST. PIERRE, INC. – Inquiry re: Blasting Conditions and Schedule at CEDA Quarry – Fling Road – Map 116, Lot 38 – Zone E (Mixed Use):  Mr. Edkins distributed copies of the St. Pierre, Inc. blasting plan that was approved in 2001 for the CEDA quarry.  Reference was made to the bottom of page 2, Schedule of Activities, where blasting activity for two weeks in April is scheduled so that is not a problem.  However on page 6, under “Foliage” it states: “In addition to weather conditions, foliage –or the absence of same– has been identified as a major contributor to the movement of the air pulse or wave that immediately follows a blast incident.  Recognizing this situation, blasting operations will not commence until spring foliage cover has reached approximately 50% and blasting activity will terminate when autumn foliage drop reaches approximately 50%.”  Given the contracts and other commitment they have St. Pierre, Inc. would like to start blasting as soon as possible this season; before 50% foliage that might not be until early May.  

Charles St. Pierre explained that with the previous blaster they had some complaints about the blasting but since the new blasting company began they haven’t had any complaints.  Last year they did three different blasts.  Mr. Edkins has not received any complaints over the last few years.  Mr. Champney lives across the road from the operation and only felt one little rumble so he can’t see any problems.  Mr. Sussman asked what the difference is in terms of the location of the blasting in relation to the abutters.  Mr. St. Pierre said they are now required to make fewer phone calls prior to the blasting; previously they made about 70 calls but now there are only 8-or-9 people on the list.  Seismographs are located on four properties including the Cardinal Haven Co-op, the Paulhus property and the Transfer Station.  Mr. Sussman asked if the blasting is closer or further away from the previous monitoring location.  Mr. St. Pierre said it is closer to the Paulhus property but only about 200-feet from where they started; more to the north, the quarry face is 30 feet high and five rows deep.  Mrs. Francis questioned what percentage of blocking of sound waves one would get from leaves.  Mr. St. Pierre feels that the air pulse is mostly from the holes in the front wall.  

Albert Paulhus explained their concern that St. Pierre, Inc. is still on the same ledge so they get the rumble but he acknowledged that foliage probably wouldn’t make any difference.  Mrs. Francis suggested allowing one blast and then monitoring the results; if people complain then the Board would know they do not want to go beyond that one.  Mr. Paulhus said his father is concerned about the cumulative effect of the blasting over time.  They intend to videotape before and after blasting to monitor possible foundation problems.  With regard to the leaves there are other homes even closer than his parents’ home.  After one blast they will know the effects.  Mr. Edkins noted that abutters were not notified of this request due to time constraints but St. Pierre, Inc. will make the calls before any blasting is done.  

Mr. Sussman questioned if the Town is liable if there is any damage; is there a waiver.  Mr. Edkins said there can be ground vibrations from blasting that could do foundation damage but there are standards that limit the level of ground vibration.  The foliage will not make any difference on this.  However there is also the air pulse that is less likely to cause property damage but can be felt and there is a feeling that the leaves serve to muffle that.  The Town has Certificates of Insurance and the blasting company carries insurance.  Robert Beaudry noted that Maine Drilling & Blasting is a large blasting company that is licensed with the state; they would ultimately be responsible for any damages.  Mrs. Ferland referenced page 7 that the contractor signed on June 29, 2004, relative to the Charlestown Excavation Permit and the Blasting Plan.  

Mr. Paulhus felt that the most likely damage would be glass breakage from the air pulse.  His parents do not object to the test blast but want to know if there is any difference in the permitting.  Mr. Edkins responded that the present permit was authorized through 2020.  St. Pierre, Inc. is looking for a modification of one of the conditions that were attached to that permit.  

Mrs. Ferland moved to accept this schedule change and allow St. Pierre, Inc. to do the one blast in April under the conditions that if there aren’t any adverse effects they can do the others as scheduled.  Mr. Moore seconded the motion.  With seven members in favor, the motion was approved.                                           

JUNCTION HOLDINGS, LLC – Inquiry re: Removal of Vegetation along Main Street – 29 River Street – Map 118, Lot 90 – Zone B (Business):  James Feleen received Site Plan approval last December for a change of use of his building.  At that time he indicated no change to the landscaping but now would like to remove the bushes, saplings, trees and other growth from the front of the property along the Main Street side of the lot to open it up.  Mr. Edkins distributed pictures of the area showing a lot of weedy-type plants.  Mr. Sussman asked if it is his intent to cut down the small trees.  Mr. Feleen would like to cut down everything on his side of the sidewalk; there is a dead birch tree, another tree that isn’t doing well, some lilac bushes and other miscellaneous bushes.  Mr. Ring noted that this area is an eyesore, cleaning it out would open it to more sunlight; but questioned if there would be a lawn after the cleaning-out.  Mr. Feleen said his sense would be lawn.  Mrs. Francis said lilacs are beautiful when maintained.  She mentioned that the landscaping by the Mortenson building is nice-looking and wondered if Mr. Feleen would consider a landscaping strip with smaller shrubs.  Mr. Feleen would rather not commit to any landscaping plan at this time because he is looking to develop that corner but he intends to keep it looking nice.  Mrs. Ferland is in favor of cleaning it out but is not in favor of taking out everything.  Someone from the Heritage Commission would be happy to offer advice on what small trees should remain.  Mrs. Francis could support removing what is there but not until Mr. Feleen comes in with a landscaping plan other than just a lawn.  Mr. Frizzell said it is hard to save a few things if you bring in a dozer for removal.   

Mr. Champney moved to allow Mr. Feleen to clean out all vegetation but to come back within a year with a landscaping plan.  Mr. Ring seconded the motion.  With six members in favor, the motion was approved.  Mrs. Ferland was opposed because she would rather not see it all cleaned-out; preferring to wait until the leaves come out to see what is there.                   

ROBERT BEAUDRY – Preliminary Consultation re: Potential Subdivision – North Hemlock Road – Map 229, Lot 10 and Map 230, Lot 1 – Zone D (Watershed):  Robert Beaudry distributed two sketches showing conceptual plans to subdivide his property off Hemlock Road.  There are 145 acres and he is proposing 20 lots.  This would be subject to the current Town regulations for the Watershed District.  The first sketch depicts 20 five-acre building lots and the second sketch indicates 20 lots with a cluster-type arrangement with a large portion of the land being put dedicated to conservation.  The wildlife would be better off on a large parcel of land.  The road would start from and loop back out onto the North Hemlock Road.  Water and sewer would be on-site.       

Mr. Frizzell stepped off the Board as he does occasional work for Mr. Beaudry.  Mrs. Francis assumed the Chair and Mr. Lutz was asked to serve as a regular member.

Mr. Beaudry explained that he has talked to the DES, the Highway Department and other people; everyone likes the concept of the cluster-type housing as it has less impact and would be easier to take care of.  Mr. Edkins advised that the Town has no provisions for cluster-type development but there has been discussion relative to putting some provisions in place.  The Board does not have the authority to approve the cluster but if the Board was open to this concept Mr. Beaudry could approach the Zoning Board of Adjustment for a Variance.  If the ZBA felt that the Planning Board supported it they might be inclined to grant the Variance and then the applicant would come back to this Board for the subdivision.  Mr. Beaudry wants to get headed in the right direction.  

A preliminary poll of the Planning Board indicated that all were in favor of the cluster-type housing development and encouraged Mr. Beaudry to go to the ZBA.

Mr. Frizzell resumed his position as Chair, Mrs. Francis as Vice-Chair and Mr. Lutz as an alternate.        



PLANNING & POLICY ISSUES:
Master Plan Hearing and Adoption Process:  Mr. Edkins is working on the final edits and hopes to forward it to the UVLSRPC within a week or two.  A Public Hearing could possibly be scheduled in May.  

ADMINISTRATION & CORRESPONDENCE:
NH Department of Environmental Services:  Included in the packets was a letter from the NH DES relative to the wash ponds on the St. Pierre, Inc. gravel pit property.

Notices of Action:  Mr. Edkins included copies of three Notices of Action: 1) St. Pierre, Inc. regarding the Chestnut Hill Subdivision (30 lots); 2) Excavation Permit # EX-01-2007 for Christopher and Amy Hemingway (Owners) and Norm & Mike Excavating, Inc. (Contractor); and 3) Janice K. Bailey (d/b/a Depot Home Center) regarding the Expansion of Existing Building Supply Business onto Adjacent Parcels.  The members would like to continue receiving copies of these notices.

Vacancies:  The vacant Town-wide positions have been posted and applicants are requested to respond by April 16th.  The Planning Board will wait until the next meeting to make appointments of alternate members.   In response to an inquiry form the Board, Fred Poisson expressed interest in serving as an alternate.

Regional Planning Commission:  Mr. Lutz advised that there is a vacancy for a second Town representative to the Regional Planning Commission.  They meet once a month.

Gavel:  Mrs. Ferland felt that the Planning Board Chair should have a gavel.  Mr. Lutz will donate one to the Board.   

Next Meeting:  The next Planning Board meeting will be held on Tuesday, April 17th, 2007, at 7:00 P.M.  

ADJOURNMENT:
There being no other business, Mr. Champney moved for adjournment.  Mrs. Ferland seconded the motion, with all in favor, the meeting adjourned at 8:28 PM.

Respectfully submitted,
Regina Borden, Recording Secretary                              Minutes Filed:  4-6-07

(Note:  These are unapproved minutes.  Corrections, if necessary, may be found in the minutes of the April 17th, 2007, Planning Board meeting.)