PLANNING BOARD MINUTES
January 5, 2011
Call to Order: 6:34 P.M.
ROLL CALL: Present – Chairman; Tim Moore, Vice Chairman; Peter Bealo, Charles Lanza and Steve Ranlett. Selectman Ex- Officio; Robert Gray was excused.
Also present was Town Planner; Leigh Komornick and Chief Building Official; Mike Dorman
Item One:
Minutes for December 15, 2010
Motion made by C. Lanza to approve the PB minutes of 12/15/10, second by P. Bealo. There was no discussion on the motion. The vote was 3-0-1; S. Ranlett abstained.
Item Two:
Discussion with Danny Oliveira Regarding Request from Evergreen Organic to Locate at Testa Corp.
Present for the discussion was Danny Olivera and Keith Camara; owners of Evergreen Organic.
T. Moore stated that the PB has a letter from Testa allowing the owners of Evergreen Organics to discuss the leasing and yard space.
K. Camara explained that their company does organic recycling/composting, and they have an invessel composting unit. He added that they pick up scraps from stores, Dunkin Donuts being one of their main contributors, then they’ll take the scrapes; donuts, muffins, coffee grounds and filters, and put it into the machine to be shredded and then into a drum to decompose. He said that everything is computer generated inside to keep a consistent temperature of 131 degrees, so everything is disease and pathogen free. He also added that everything stays off the ground, going from the truck to toters to the machine.
T. Moore asked how many trucks per day.
K. Camara replied two trucks a day to start until their volume gets bigger.
P. Bealo asked how many units they are planning on, both in the short and long term.
K. Camara answered that the unit will do 30 tons a day, which they can get a permit for notification, adding if they need more they can put in for higher.
D. Oliveira added that the machine should be good for a while, but noted that if they do expand to other locations they will need more machines, again stating that they will only need one machine for this location.
S. Ranlett asked what they do with the product after.
D. Oliveira responded that it turns into compost to be sold to landscapers and farmers.
K. Camara added that they plan to bag most of it and sell it, bagging it on site.
C. Lanza asked if it would be inside or outside.
D. Oliveira replied that it can be either or, stating that it is enclosed in a freight trailer and can be housed in the space (at Testa) that way so it can be locked up when not in use. He added that it does not produce any smell and that it takes 21 days to go through its cycle and then can be stored outside, which they plan to do to keep the life expectancy longer.
T. Moore asked if it would be in a bin or just a pile when it is outside.
D. Oliveira answered that they will get jersey barriers.
T. Moore asked if there was any concern when it rains or snows with it leeching into the ground.
K. Camara responded that they would use tarps, but explained that because it is fully matured compost, it would not contaminate anything adding that critters will not go near it as there is nothing to eat anymore.
T. Moore explained that as recycling is not a permitted use, they will need to get a variance for it. He added that if they get the variance they will then need to come back before the PB with an amended site plan.
There was some discussion on whether they needed a lawyer to go to the ZBA, and T. Moore stated that there was no state or local requirement that they need a lawyer to go to the ZBA but that they are welcome to.
M. Dorman asked if there was an application submitted.
C. Lanza replied that there was an e-mail submitted a few weeks back.
S. Ranlett motioned to deny their request to submit an application for their proposed recycling at the Testa Plant so they can go before the ZBA, second by C. Lanza.
There is no discussion on the motion and the vote was 4-0-0 U/A
D. Oliveira asked if there was any time frame for them to come back before the Board.
T. Moore replied no, to come back anytime.
L. Komornick suggested they have Bernie give Dee (Voss) a call to start things rolling, and find out about any deadlines.
Item Three:
A Second Public Hearing to consider the following amendments to the Town of Plaistow Zoning Ordinance:
Amend the Zoning Ordinance by adding a new Article XV1A entitled, “Plaistow Construction/Post-Construction Stormwater Ordinance”.
T. Moore referred to the Article the Board members had in front of them.
P. Bealo motioned to post to the warrant, second by S. Ranlett.
T. Moore asked that the minutes reflect that there is no one here from the Public to add any further input.
C. Lanza stated that a year or so ago they had a few applicants who were conflicting with what the Town engineer was saying. He asked if this will clear that up.
L. Komornick replied that it is more a clarification on the process for monitoring projects with respect to stormwater, adding that it does not address the design criteria.
S. Ranlett asked if it was the balance between how they (the Board) interpreted it and CLD.
L. Komornick replied that it does not fix it, but will provide more guidance that will be in sync with CLD when they go out to the field and do follow up work.
T. Moore agreed saying that it will help as well as get them through the regulatory requirements for MS4.
L. Komornick added that it will be their biggest goal for next year’s zoning ordinance; they hope to get it all put under one ordinance, to bring in CLD and go over standards. But that for right now it is in three places.
S. Ranlett asked about the section on enforcement and penalties and asked M.
Dorman about the process if there was a violation, would it be cease and desist.
M. Dorman answered it would be stopped, they would be given the time to fix the problem or it would go to the next level, adding that it would be like he does with most violations.
There was no more discussion on the motion. The vote was 4-0-0 U/A.
Item Four:
Other Business/Project Updates: Misc. Notices, Letters, and other correspondence from Dept. of Building Safety, Planning Department and ZBA
Letter to ZBA Appealing Decision Granted to Ron Brown.
T. Moore referenced the letter sent to the ZBA appealing the decision granted to Ron Brown; dated December 2, 2010, based on the fact they (PB) felt there was an error in the ZBA’s decision process. He added that the letter will go to the ZBA and they will make a ruling on whether they will re-hear the case or not.
S. Ranlett stated that he would be attending this ZBA meeting (January 6, 2011).
There was discussion on the ZBA’s hearing process and whether they could get input from people attending the meeting. It was decided that during the request for re-hearing there could be no input from either side.
S. Ranlett reiterated that he will attend the meeting regardless.
Re-Hearing / Terri Russell
T. Moore explained that at the same ZBA meeting tomorrow (January 6, 2011) is a re-hearing – per the petition of the PB granted by the ZBA. He read the ZBA’s agenda:
# 10-17 A request from Terri Russell for a variance from Article V, §220-32, to permit a lot line adjustment on a lot that doesn’t have the required minimum 150 feet of frontage on a Town Road.
T. Moore added that they (PB) felt the ZBA’s decision was confusing if not incorrect, and requested a re-hearing which was granted. He explained that during the re-hearing both sides are allowed to give input.
P. Bealo asked why the Ron Brown request for re-hearing is not on the ZBA’s agenda. There is some discussion on the issue and L. Komornick stated that they do not post it as a re-hearing.
T. Moore asked if this was their (ZBA’s) official agenda.
L. Komornick replied that it was their posting for the legal notice.
L. Komornick asked that someone be at the meeting tomorrow to clarify for the record that it was for the frontage.
S. Ranlett stated that he would go to the meeting and said he would represent the PB if no one had an objection to it.
L. Komornick stated that there was some question about the decision they made, that it was called a lot line variance.
S. Ranlett added that they did not address the frontage, and L. Komornick agreed.
T. Moore noted another point to make, stating that the plan showed a Cul De Sac which if constructed would give them the 150 feet of frontage. He stated they opted not to construct it but that it is shown on the plan. He added that it is not there now and that they have no intention of doing it. T. Moore said there were comments in the ZBA minutes about a wide turn around for fire trucks and so forth, but added that this is not the case. T. Moore would like to make sure that they are clear on that point as well.
Letter from RPC Regarding Danville Project.
T. Moore referred to a letter received from the RPC regarding an application Danville has received for a care retirement community which the Danville PB has declared has Regional Impact. T. Moore explained that Danville has submitted that decision to the RPC and the letter they have received is a report from the PRC’s Regional Impact Committee. He suggested the Board read through the letter, and added that it is just advisory and that there have been no legally binding commitments. T. Moore said it was up to the PB to take the RPC’s advisory comments into consideration when making their decision. He stated that there are usually 4 or 5 Regional impact projects that get submitted a year; they all get submitted, reviewed, and then a decision letter goes out.
Plaistow First Committee
T. Moore explained that one recommendation from the committee is to form a water use subcommittee that will look at portable water, fire suppression water, etc… T. Moore feels that this is the type of information that should be in the Water Resources section of the Master Plan. He asked if anyone wants to be on the committee to let them know, and he feels that it would be good to have someone who is on dual committees, and added that if anyone from the PB as well as the Public wants to work on water resources to let them know.
S. Ranlett stated that he would be interested in it.
T. Moore noted that all those meeting will need to be posted. He added that it could serve two masters and they could end up with an updated master Plan.
S. Ranlett asked if it was too late to put something to the warrant.
T. Moore replied that it would depend on what it is.
S. Ranlett explained that he read and heard about the pan handling discussions, and that they do not have anything.
T. Moore and M. Dorman replied that that would be the Selectman’s regulations.
T. Moore answered that there is still time to put warrants on the Town meeting, but that the cut off is soon, 17th or 18th of January.
Adjournment
There is no other business before the Planning Board; the meeting was adjourned at 7:04 P.M.
Respectfully submitted as recorded by Laurie Pagnottaro.
Approved by the Planning Board on ______________________________________
_______________________________________
Timothy E. Moore, Chairman
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