NOTTINGHAM PLANNING BOARD MINUTES
AUGUST 17, 2005
PUBLIC SESSION
APPROVED BY THE BOARD AUGUST 31, 2005
PRESENT: ABSENT:
Mr. Dave Smith, Chair
Mr. Peter Bock, Selectmen’s Representative
Mr. Scott Curry
Mr. Peter Gylfphe
Mr. Jon Caron
Mr. Bill Booth
Ms. Sandra Jones
OTHERS PRESENT:
Mr. John Teague, Attorney
Ms. Cynthia Copeland, Strafford Regional Planning Commission
Ms. Kelly Tivnan, Planning Board Secretary
Representatives of USA Springs
Members of the Public
The Chair called the meeting to order at 7:10pm.
PUBLIC COMMENT:
Mr. Ken Fraser said that he was an abutter of USA Springs. He said that the people from USA Springs had been fair to him and polite. He said that he thought Nottingham should let USA Springs build their plant.
Mr. Bill Kyle said that he had been a resident of Nottingham for 33 years. He said that he was amazed by statements that had been in the press. He said that an apology would not make him happy. He said that he was a member of “Save Our Groundwater” and he was also a conservative. He said that he was not a tree hugger. He said that State Representative Gibbons had written to the Department of Environmental Services pressuring them to approve this application. He said that the applicant had accused area residents of being against Italians. He said that this was not the case. He said that the public needed an indication that their comments had been followed up by the Board. He said that if the applicant had extra trucks they would simply be charged a fine of
$100 per truck. He wondered how the people knew that the applicant would be limited to a certain amount of water withdrawal per day. He said that there was a question of how that would be enforced. He asked if there were penalties that the applicant would have to pay for upsetting the environment. He described in detail the website at URL www.soltani.mosca.com and he noted that the website showed pictures of the Supreme Court building in Washington, DC instead of the actual law office building of Mr. Soltani and Mr. Mosca. He said that the arguments in this case had been very personal and he said that most people speaking for USA Springs told
lies.
Ms. Kay Kyle said that she would like to urge the Planning Board not to be steam rolled into a premature decision on this application. She said that there were too many issues which were still unresolved.
Mr. Jim Hadley, Ms. Denise Hart, Ms. Patricia Newhall and Mr. Bill McGann spoke on behalf of the “Save Our Groundwater” Board of Directors. They presented the Board with a petition and they read out loud the purpose of the petition. They identified state senators and representatives who had signed the petition and they also noted Selectmen and other important people who had signed the petition. They noted that this petition proved more than 1,200 people around the area were concerned about this application. They said that the Planning Board needed to pay attention to the regional impact of this application. Mr. Curry asked about the legal grounds for the positions expressed by the ‘Save Our Groundwater” Board of Directors. He said that some of the issues related
to this application were part of the state’s jurisdiction and not the towns. Mr. Hadley said that with their strongest argument the cornerstone was the quality of the groundwater. He said that it was better to be safe and not spread plumes. He said that science needed to drive business and not the other way around.
Ms. Patricia Newhall said that she was a 45 year resident of Barrington and she lived a mile and a half from USA Springs. She read a letter that she had previously submitted to the Planning Board and she noted that a petition with more than 1,200 signatures on it had been sent to the Department of Environmental Services two years earlier. She said that the citizens of New Hampshire should prevail. She said that the Planning Board had the right to refuse the application.
Mr. Chris Reagan said that he lived in Nottingham and he was an abutter to this project. He said that New Hampshire and for that matter the United States and New England were part of a water crisis. He said that New Hampshire was one of the areas most likely to have water shortages. He said that there was some sprawl in Nottingham and he said that there were also pollutants in Nottingham. He said that he lived on Freeman Hall Road and over half of the accidents in the town of Nottingham happened on Route 4. He said that this was a matter of public safety. He said that people had been bullied and some had sold homes on Lincoln Drive. He said that people were worried about their property values going down. He said that for most people their homes were their most valuable
asset. He said that everyone needed to share resources.
Mr. Skip Seaverns made some comments about the plan. He said that there should be a note on the plan indicating other uses. He said that the number and the type of trucks should be defined and he said that there should be something which stated that the trucks should not be positioned on any road in Nottingham. He said that the size of the water bottles should be defined and he said that he would suggest a bond be issued for this project. He provided the Board with a list of his comments and suggestions for the plan.
Mr. Steve Conklin from Barrington made reference to a document he had found at the Department of Environmental Services. He said that it was dated 5-25-05 and it was a letter from the Department of Environmental services to MyKro Waters. He said that basically the clock had been set back to 0 by the Department of Environmental Services on 5-25-05 and he said that the town should respond.
Mr. Gilbert said that this had been going on for 5 years. He said that he would like to know why the building was so big. He said that he thought USA Springs had bigger plans than they were saying. He said that he would vote no because he believed that USA Springs was deceiving the Board and the town.
Ms. Carol Caronis asked about the 14.4 square miles. She said that she thought USA Springs was going for a land grab. She said that the people should be protected. She asked where the 14.4 miles originated and she said that the company should pay to have all wells in the radius tested. She said that should be a condition for approval of this project. She said that there should also be a contingency plan for arsenic. She asked what a resident would do if their well ran dry. She asked how much water was in the aquifer and she said that USA Springs should provide a number for residents to call in an emergency. She said that it was not possible to measure the amount of water in the aquifer and she said that there was no proof that people would not run out of water.
Ms. Mary Bonser said that there had not been any protocol set for well problems. She said that there should be a document. She said that people should be able to comment on that document. She said that there were still state permits outstanding. She said that she would like to see a timeline for getting a federal permit from the Army Corps of Engineers. She said that she was worried that aquifers were not completely understood.
Mr. Bill Garnett said that he was attempting to protect his property. He said that the Planning Board was supposed to speak for the people of Nottingham. He asked if this project was in the best interests of the people of Nottingham. He noted that the press was present at this meeting. He said that often the press got involved in issues when there was controversy. He said that his message to the people, the press and the applicant was that this issue was all about water and ethics. He said that the town was looking at too little of both.
Mr. Rolfe Voltaire said he was disappointed that this would be the last hearing for the public to speak. He said that when he was a member of the Planning Board he had agreed to recuse himself. He said that he regretted that decision. He said that this application could be the economic death knell of the community. He said that the application eliminated 14.4 miles of land which could have been used for development. He said that the Planning Board should be fair and balanced and they should look at the best interests of the town of Nottingham. He said that this project was bad for the community.
Mr. Smith assured the public that the Planning Board had not limited written input from the public at this time. He said that if there were major changes to the plan than the public hearing would be reopened and the public would be able to give input on the changes.
Mr. Jeff Salava said that he would like to agree with the person who had stated that there were a lot of accidents along Route 4. He said that the water in his well had gone to a trickle and that it was yellow and stained. He said that he had poor quality water. He said that if USA Springs started drilling than he would not have any water. Mr. Smith asked about the depth of Mr. Salava’s well. Mr. Salava said that his well was 75 feet deep.
Ms. Judy Doughty said that it seemed like USA Springs was pressuring the Planning Board to make a premature decision on this application. She said that the company had done many illegal things but the Planning Board had played by the rules. She said that if the Board had played by the rules than the company should as well. She said that the company had been less than honest and she asked that the Board give that all of the consideration that they could. She said that the public would support the Planning Board in the case of a law suit being filed.
Mr. Bill McGann said that the Planning Board needed to review all aspects of this project. He said that the Planning Board did have jurisdiction on water quality. He quoted the RSA which stated that and he said that pipes in buildings were considered part of land use and he said that was under the jurisdiction of the Planning Board. He said that New Hampshire followed the “rule of reasonable use” and he said that the Planning Board did have jurisdiction on that as well. He said that USA Springs had put in for a water source permit. He said that there was a public comment period on that. He said that the Planning Board should take their time on this application and protect the public trust doctrine.
Mr. Hadley quoted information that had been brought forward earlier in the process by Mr. Peter Thompson. He also said that the town needed some flexibility in this matter. He asked what would happen if USA Springs went bankrupt.
Mr. Curry noted that the public record for this application was very large. He said that it would be valuable if the public provided their ideas to the Board on what issues they felt were still outstanding.
Mr. Bill Vance from Strafford asked what would happen if the wells went dry. Mr. Smith noted that the Planning Board had discussed that with the applicant at their most recent workshop.
A member of the public noted that the public would want the opportunity to comment on anything new that surfaced regarding this application.
Ms. Caronis mentioned carbon dating and asked why that was not happening. She explained what carbon dating could show and she said it was a high probability they would find that the water wouldn’t make it back into the aquifer.
Mr. Hamill said that a water conservation plan had been submitted by the applicant. Ms. Copeland said that the plan included water conservation rules. She said that they needed a program for a water audit. She gave some brief preliminary comments on the plan.
Mr. Ken Grant from Barrington said that Durham needed to be concerned with how this would affect their well. Mr. Smith said that the Planning Board had not heard from the town of Durham. Mr. Grant said that he had not heard of a public movement in Durham on this issue. He said that Swains Lake was not a public water source. He said that he saw people at the meeting drinking bottled water. He said that the people were putting up a good fight but he said that it was costing the taxpayers money to hire lawyers. He said that the money spent on this needed to be approved by the town and he said that if people wanted to fight this than they needed to vote to spend the money that it cost to fight it.
A member of the public said that any cost was justified if they did not have water. They said that the town would support the expense.
Ms. Denise Hart noted that there was a municipal water supply on Swains Lake.
Mr. Smith asked if the Planning Board had information about monitoring wells and whether the monitoring extended to the east. Mr. Hadley said that there was a plan to put production wells in Northwood near Mr. Mike’s. He said that there was one remaining production well. He said that Mr. Stan Swizer from the Swains Lake Commission had told him that the plume was moving east. He said that the Planning Board needed to talk to other towns because this project was voted to have regional impact.
Mr. Larry Morris from New Hampshire Soil Consultants talked about the situation with the Army Corps of Engineers. He said that the state general permit had been issued. He explained impact permits and said that a state permit was equal to a federal permit if it was a major permit. He said that the applicant had not been told that they needed an individual permit. He said that the Army Corps of Engineers would make the decision based on the technical merit of the application. Mr. Caron asked if there was a time frame for when the Army Corps of Engineers would be done with their work. Mr. Morris said that the Army Corps of Engineers was doing an in depth review. Mr. Caron asked about the process. Mr. Morris said that the Army Corps of Engineers would determine whether the
project did or did not meet the technical requirements. He said that there would be a 160 day comment period. Mr. Caron asked when a response should be expected. Mr. Morris said that he expected a response fairly quickly.
Mr. Curry asked if there had been a formal response from the applicant about the letter Mr. Conklin had referred to. He said that he would also like to request that the Board be given copies of the videos that the applicant had of the public meetings. He said that he was interested in knowing the number of employees which would be a part of USA Springs and the number of parking spaces which would be available for them. He asked about contaminants beyond radon. He said that uranium was an outstanding question and he asked whether it needed to be reviewed. He asked if the Board wanted to have a condition stating that there could be no further development. He said that a motion had passed 5-2 asking for a resolution about the water quality issue. He asked if the Board had discussed
water quality. Mr. Caron said yes. He said that the Board had not come to an agreement but that there had been considerable discussion on the matter. He gave his opinion about where the water quality should be monitored. Mr. Curry said that the internal plans for the building were preliminary. He said that he wanted to understand the usage and the size of the building. He said that he was looking for updates on the specifics of the plant internally.
Ms. Hart said that the United States Army Corps of Engineers had been involved with this application since 2002. She said that Mr. Fisher had worked hard on this and she said that lots of residents as well as Senator Sununu had written to the Army Corps looking for input on this application.
Mr. Hadley said that the Environmental Protection Agency would work with the Army Corps. He said that the Environmental Protection Agency was allowed to review certain things. He said that the Environmental Protection Agency and the National Forest Service had kick out rights.
Mr. Smith asked if the Army Corps of Engineers would have gotten involved if the building had stayed in the original location on the plan. Mr. Morris said yes.
Mr. Curry noted that according to the information there would be 90 parking spaces for employees and 30 parking spaces for recreational use. He asked how many employees would work in the building. Mr. Hamill said that there would be 80 employees total. Mr. Irving Johnson asked for a breakdown of how many employees would be industrial and how many would be clerical. Mr. Hamill said that such a breakdown had been done but he said that he did not know the results off hand. Mr. Teague asked if the Planning Board could get a copy of that information. Mr. Hamill said yes. Mr. Gilbert said that according to his notes USA Springs would have 170-200 employees. Ms. Judy Doughty noted that the applicant had inflated the number of employees they expected to hire in their letter to the
public. She said that the public and the Planning Board needed the truth from the applicant.
Mr. Smith said that there would be a workshop held on August 24, 2005 where they would discuss the matter of USA Springs further. He said that discussion would begin at 7:30pm. A member of the public asked if public comment would be allowed. Mr. Smith said no but he said that the Planning Board still wanted to encourage people to attend. Mr. Caron said that any document outlining a plan for emergencies would be available to the public. He said that there were also minutes from each meeting that were a part of the public record. Mr. Bock said that the Planning Board would take written comment from the public.
Mr. Caron noted that the applicant had written on their application their intention of having 80 employees but he said that in the letter the applicant had written to the public they had cited that they planned to have a larger number of employees.
Ms. Tchartik from Durham asked about the process. Mr. Smith said that the Board and the applicant would have workshops as necessary. He said that the Planning Board would notice the public meeting when the vote would be taken.
Ms. Lisa Caron asked whether there would be a chance for the public to talk about the water quality plan.
Mr. Caron asked the applicant if they would extend the 65 day clock so that the workshop could be scheduled. Mr. Soltani said yes. Mr. Caron said that the applicant had been extending the clock for the town.
A member of the public asked for an explanation of the appeals process. Mr. Teague said that the process was the same as the process for appealing subdivisions. He said that the applicant, the abutters, and other towns could appeal the Planning Board decision.
At 10:00pm Mr. Caron made a motion to recess the discussion of the USA Springs application until August 24, 2005 at 7:30pm. Mr. Gylfphe seconded the motion. The present members of the Planning Board voted unanimously in favor of the motion. The motion passed 6-0.
The Board had a brief discussion with their legal counsel and then reopened their public session at 10:30pm.
Mr. Caron made a motion that the Planning Board approve the minutes of 6-22-05 as written. Mr. Curry seconded the motion. Mr. Caron, Mr. Curry, Mr. Smith, Mr. Gylfphe, and Mr. Booth voted in favor of the motion. The motion passed 5-0.
Mr. Gylfphe made a motion that the Planning Board approve the minutes of 6-29-05 as written. Mr. Booth seconded the motion. Mr. Gylfphe, Mr. Booth, Mr. Smith, Mr. Caron and Mr. Curry voted in favor of the motion. The motion passed 5-0.
Mr. Caron made a motion that the Planning Board approve the minutes of 7-6-05 as written. Mr. Gylfphe seconded the motion. Mr. Caron, Mr. Gylfphe, Mr. Smith, Mr. Booth and Mr. Curry voted in favor of the motion. The motion passed 5-0.
Mr. Gylfphe made a motion that the Planning Board approve the minutes from 7-20-05 as written. Mr. Curry seconded the motion. Mr. Gylfphe, Mr. Curry, Mr. Smith and Mr. Booth voted in favor of the motion. Mr. Caron abstained from the motion. The motion passed 4-0 with 1 abstention.
Mr. Curry made a motion to adjourn the meeting at 11:00pm. Mr. Booth seconded the motion. Mr. Curry, Mr. Booth, Mr. Smith, Mr. Gylfphe and Mr. Caron voted in favor of the motion. The motion passed 5-0.
Respectfully submitted,
Kelly Tivnan
Planning Board Secretary
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