Planning Board Meeting Minutes

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BARNSTEAD PLANNING BOARD

THURSDAY AUGUST 21, 2008

TOWN HALL @ 7:00 P.M.

WORK SESSION

MINUTES

Planning Board Minutes from 8/21/08 Meeting

Approved as Written 9/4/08

CALL TO ORDER: David Murley, chairman, called the meeting to order

at 7:00 P.M.

ROLL CALL: David Murley, chairman, William Evans, vice chair, Michael Kowalski, secretary, Nancy Carr, Amy Jennings, James Fougere, alternate, Clarke Goodrich, alternate, Christopher Carazzo, David Kerr, selectmen’s rep., Andy Houle, selectmen’s rep. alternate, and Paula Vardaro, recording secretary

SHORELAND PROTECTION ACT UPDATE:

Arlene Allen, Shoreland Protection Outreach Coordinator from the D.E.S., presented a power point presentation regarding the new Shoreland Protection Act. (See attached papers on the power point presentation)

Questions were taken after the presentation.

Q = Is a permit required if a house is jacked up and a foundation is put in?

A = A permit is needed if there is any excavation being done – not a waiver.

Q = Can the town grant a variance over the State?

A = The town can’t grant a variance to the State set back.

Q = If the town’s set back is 50’ and someone comes before the Zoning Board, is it correct to assume that the Zoning Board can’t grant a variance?

A = If the town had a 55’ set back, then they could, but the Zoning Board can’t grant anything closer than 50’. There is a provision that states: any non-conforming structure that has been built before 1994 can put on a deck that comes out 12’ from the house. There is also another provision that states: any undeveloped lots of record that can’t meet set backs can have a primary dwelling on that property as long as they work with the D.E.S.

Q = Should the applicant go before the D.E.S. before they go before the Zoning Board.

A = Yes, that is the way most towns are doing it.

Q = What do you consider a primary structure?

A = A primary structure is the central fundamental use of the property. A gazebo could be a primary structure if it were the only thing on the property.

Q = To what point can you cut down trees?

A = You can cut the trees and grind the stumps, but the roots have to be left. You can cover them with loam.

Q = What about free standing decks, these are not permanent structures, are they considered an accessory structure?

A = Yes, sheds and gazebos are also considered accessory structures as long as there is a primary structure. These have a 20’ setback from the shoreline. They don’t need permitting

Q = On an existing building – in the same foot print – they want to tear in down and rebuild or add on another story is there any law regarding obstruction of view?

A = No there isn’t. As long as it’s out of the Shoreland Protection area. Anything within the 250’ line requires a permit.

Q = What about the public roadways and right of ways that occur within the 250’ how do we go about grading them?

A = The fill can be brought in as long as your not changing the foot print of the road.

Q = Is the D.E.S. hiring more people to enforce the laws?

A = Yes, they are hiring people to go out and inspect all of the water bodies.

Q = What about a new building permit. Do they need to come into the D.E.S. first? Barnstead has a moratorium so if the D.E.S. doesn’t come back in a reasonable time and the applicant looses their permit they will be upset.

A = The Town should decides as to where the applicant goes first, seeing that that there is a moratorium, they might have to come to the Town first to reserve their spot, then to the D.E.S.

ADJOURNMENT: The meeting adjourned at 8:45 P.M.

Respectfully Submitted

Paula Vardaro

Recording Secretary

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BARNSTEAD PLANNING BOARD MEETING

THURSDAY AUGUST 7, 2008

TOWN HALL @ 7:00 P.M.

MINUTES

Planning Board Minutes from 8/7/08 Meeting

Approved as Written 9/4/08

CALL TO ORDER: David Murley, chairman, called the meeting to order

at 7:00 P.M.

ROLL CALL: David Murley, chairman, William Evans, vice-chair, David Kerr, selectmen’s rep., Christopher Carazzo, Nancy Carr, Clark Goodrich, alternate sitting in for Michael Kowalski, Amy Jennings and Paula Vardaro, recording secretary

FENCES: David Murley said the issue of fences is becoming a problem. He mentioned to the Board particular problems that have been presented before the selectmen. The issue of fences and driveways was presented before the selectmen in 2006, but nothing was ever done. David Murley quoted the RSA 476:1 “Fences as Private Nuisance – Any fence or structure in the nature of a fence, unnecessarily exceeding 5 feet in height, erected or maintained for the purpose of annoying the owners or occupants of adjourning shall be deemed a private nuisance”. He added that anything over 5 feet is governed by the State and court action can be taken, and the International Building code states anything over 6 feet requires a permit. Any ordinance should address a line of site including fences, bushes and shrubs. The State Statue 236:13,III, I includes the sight distance, “all season safe distance”.

There was a discussion regarding fences, site distance and engineered approved fences over 5 feet and the enforcement of the ordinance.

Chris Carazzo asked if we could supersede the State.

David Murley said yes we could write our own ordinance and supersede the State.

He then asked the Board if this is something they should pursue?

David Kerr said yes, he felt they should pursue this issue.

Sharon Coughlin, a concerned party, commented that the fence should be 3 foot from the boundary line. This way they can maintain the fence without going onto the neighbor’s property.

David Murley added that a survey should be required.

William Evans added that this should be a town ordinance.

David Murley agreed.

David Kerr said yes, the selectmen would also agree. He then asked David Murley to put something in writing for the selectmen to review at next Tuesday nights meeting.

Chris Carazzo stated that he would like to see the good side facing the neighbor; any fence should be 3 feet from the boundary line so that any work on the fence can be done without going over on the neighbor’s property. Any fence over 6 feet

should be engineered by a fence company, and have a building permit for the fence.

David Murley added a survey should be required on all non-conforming lots.

Sharon Coughlin also suggested an ordinance on driveways.

CORRESPONDENCE: David Murley informed the Board that a letter was sent to Amy Knittell requesting her procedure in maintaining the retention pond.

OLD BUSINESS: David Kerr mentioned the sign issue. The signs are appearing again.

David Murley said the ordinance regarding signs needs to be enforced.

Chris Carazzo said the highway dept. has been picking up some signs, but the selectmen really need to enforce this ordinance.

MINUTES: 7/3/08: Nancy Carr made a motion to approve the minutes as written.

Christopher Carazzo seconded the motion.

The Board voted unanimously to approve the minutes as written.

ADJOURNMENT: Nancy Carr made a motion to adjourn the meeting.

Christopher Carazzo seconded the motion.

David Murley adjourned the meeting at 7:46 P.M.

Respectfully Submitted

Paula Vardaro

Recording Secretary

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BARNSTEAD PLANNING BOARD MEETING
THURSDAY JULY 3, 2008
TOWN HALL @ 7:00 P.M.

MINUTES
Planning Board Minutes From 7/3/08 Meeting
Approved as Written 8/7/08

CALL TO ORDER: David Murley, chairman, called the meeting to order
at 7:00 P.M.

ROLL CALL: David Murley, chair, Nancy Carr, Christopher Carazzo, David Kerr, selectmen’s rep., and Paula Vardaro, recording secretary

ELECTING & SWEARING IN NEW MEMBERS: David Murley told the members that there was a vacancy on the Board due to Phil Grillo accepting the position of selectmen. David Murley opened up the nominations to fill the remaining term of Phil Grillo’s position on the planning Board. He informed the Board that Amy Jennings was willing to accept this position.
Christopher Carazzo made a motion to appoint Amy Jennings to this position.
Nancy Carr seconded the nomination.
David Murley asked for a motion to close the nominations.
David Kerr made a motion to close the nominations.
Christopher Carazzo seconded the motion.
David Murley asked for a roll call vote.
The Board voted unanimously to appoint Amy Jennings as a Planning Board member.
David Murley asked for nominations to fill an alternate position, informing the Board that Clarke Goodrich has volunteered to take on that position.
David Kerr made a motion to appoint Clarke Goodrich as an alternate to the Planning Board.
Christopher Carazzo seconded the nomination.
David Murley asked for a motion to close the nominations.
David Kerr made a motion to close the nominations.
Christopher Carazzo seconded the motion.
David Murley asked for a roll call vote.
The Board voted unanimously to appoint Clarke Goodrich as an alternate Planning Board member.
David Murley asked David Kerr to swear in the new members.
Bothe Amy Jennings and Clarke Goodrich took the oath.

David Murley asked Clarke Goodrich to sit in for William Evans.

RULES OF PROCEDURE: David Murley asked for a motion on the Rules of Procedure.
David Kerr made a motion to adopt the Rules of Procedure as amended.
Amy Jennings seconded the motion.
The Board voted unanimously to adopt the Rules of Procedure as amended.

NEW BUSINESS: David Murley asked if there was any business from the people present. Gail Darrell informed the Board that her group was running a Democracy school here in Barnstead Town Hall on August 16th. This will allow people to learn about the law. She was asked to forward the information electronically.

SANCO ENERGY: David Murley informed the Board that originally they were coming before the Board in August to present the Aquaponics facility, but now they are pushing the presentation back until September.

MINUTES: 6/5/08 & 6/19/08: 6/5/08 minutes- Christopher Carazzo made a motion approve the minutes as written.
David Kerr seconded the motion.
The Board voted unanimously to approve the minutes as written.
6/19/08 minutes – Nancy Carr made a motion to approve the minutes as written.
Clarke Goodrich seconded the motion.
The Board voted unanimously to approve the minutes as written.

CORRESPONDENCE: David Murley informed the Board that a representative from D.E.S. Shoreland Protection Act will be coming to Barnstead on Thursday, August 21st. We have invited the surrounding towns, as well as contractors, to come to the presentation and ask questions also.

David Murley told the Board that a letter was sent by the selectmen to Integrity Plus regarding the clean up of the retention pond. The Planning Board sent a letter in June to Integrity Plus, but there has been no response.

David Murley mentioned to the Board that it has been brought to his attention that the lights on the White Buffalo sign are kept on all night long and it’s a nuisance to the neighborhood. He suggested a letter be sent to the owners requesting them to shut the light off at a reasonable hour.

Colin Alley asked for clarification on sending abutters notices. There was discussion about a variance application for the ZBA.

ADJOURNMENT: Christopher Carazzo made a motion to adjourn the meeting.
Amy Jennings seconded the motion.
The Board agreed unanimously to adjourn the meeting.
David Murley adjourned the meeting at 7:25 P.M.
    
Respectfully Submitted
Paula Vardaro
Recording Secretary


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BARNSTEAD PLANNING BOARD MEETING

THURSDAY JUNE 19, 2008

TOWN HALL @ 7:00 P.M.

WORK SESSION

MINUTES

Planning Board Minutes from 6/19/08 Meeting

Approved as Written 7/3/08

CALL TO ORDER: David Murley, chairman, called the meeting to order

at 7:05 P.M.

ROLL CALL: David Murley, chairman, William Evans, vice-chair, Michael Kowalski, secretary, David Kerr, selectmen’s rep., James Fougere alternate arrived at 7:38 P.M., Nancy Carr and Paula Vardaro, recording secretary

INTRODUCTION OF NEW MEMBERS: David Murley introduced prospective new members Amy Jennings as a new member and Clarke Goodrich as an alternate. He informed the Board at the next meeting, July 3rd, they would elect and swear in the new members.

COLIN ALLEY RE: ABUTTERS: David Murley explained to the Board facts that he had received regarding the notification of the abutters in this previous case. Several years ago, there was an association formed for a right of way called Phase I, naming John Petschauer as the president. All correspondence had been mailed to him according to the information we had in the file. We were then informed that the association has been dissolved, but we have nothing in our files regarding this. This right of way is made up of 15 people. We obtained legal advice as to the notification of these abutters. Council said that what we did was right at the time, but if they needed to be notified again we had to notify all 15 abutters. Colin Alley’s initial tax card revealed he lived in an agricultural/residential area. The sub-division, that occurred several years ago, actually made it a suburban district, but the tax card didn’t reflect the information. There was discussion about the tax cards stating 1 of 15 people, which own the right of way. The Board agreed that the best way was to notify all 15 if they required re-notification.

RULES OF PROCEDURE: David Murley pointed out that under Employee, “recording secretary” should be underlined and the sentence should start with “The recording secretary”. Michael Kowalski suggested on page 3, under motion, new wording be added. There was discussion on the matter. The Board agreed to add - A motion, duly seconded “can be followed by discussion of the wording of the motion. The motion” shall be carried………….. On page 6 type-o under #10 ether changed to either. Also add the new members, adding secretary to Michael Kowalski and deleting Phil Grill as a member on the member list from the last page.

POSTING OF NOTICES FOR PAPER: It was brought to the Boards attention, the size of the posting notice that goes into the newspaper. Paula Vardaro told the Board if: call to order, roll call, minutes and adjournment were eliminated from the newspaper notice, it would reduce the size and cost by $10 - $12.

The Board agreed that was the way to go.

David Murley told the Board he would still like to see the full agenda posted at the post offices and the Town Hall.

The Board agreed.

SANCO ENERGY: David Murley commented on the June 5th meeting. He told the Board that when someone approaches the Board and says – they weren’t notified as an abutter – the meeting has to stop and the matter looked into. In that particular case that’s just what we did, and found out the person was not an abutter. David Murley also told the Board that we would be planning a site walk in the near future.

David Murley asked the Board’s opinion about adopting a noise ordinance for Jake brake zones so that Sanco Energy can put up signs regarding this matter.

There was a discussion about the Jake brakes, route 126, route 28, Parade Rd., and the village district.

William Evans said that the Board of Selectmen should decide about the Jake brakes.

David Kerr said that we should look into what other towns have done.

David Murley said he would research the matter.

FENCES: David Murley told the Board that recently there has been a few fence issues. The latest being a request for a 12’ high fence. He spoke with the Building Inspector and their response to the person was any fence over 6’ had to be permitted and engineered by a fence company as well as a survey of the plot with a non-conforming lot. The state considers a fence over 5’ a spite or nuisance fence. The thoughts are an ordinance governing fences should be added.

Clarke Goodrich asked about the height of bushes? He added sometimes people plant bushes as a fence. Possibly we should add view obstructed or non-view obstructed fences it needs to be specified.

David Kerr asked if a fence ordinance would include height as well as setbacks? He added that a model fence ordinance should be instituted.

There was a discussion regarding the line of site and kinds of fences along with adding it to the permit fee schedule.

ADJOURNMENT: Michael Kowalski made a motion to adjourn the meeting.

David Kerr seconded the motion.

David Murley adjourned the meeting at 8:35 P.M.

Respectfully Submitted

Paula Vardaro

Recording Secretary

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BARNSTEAD PLANNING BOARD

THURSDAY JUNE 5, 2008

TOWN HALL @ 7:00 P.M.

MINUTES

Planning Board Minutes from 6/5/08 Meeting

Approved as Written 7/3/08

CALL TO ORDER: David Murley, chairman, called the meeting to order

at 7:00 P.M.

ROLL CALL: David Murley, chairman, Nancy Carr, David Kerr, selectmen’s rep., Andy Houle, selectmen’s rep. alternate, James Fougere, alternate sitting in for Phil Grillo, Christopher Carazzo, Michael Kowalski and Paula Vardaro, recording secretary

David Murley told the Board since Phil Grillo has become a selectmen; the position of Planning Board Secretary is now vacant. The Board needs to elect someone for that position.

James Fougere nominated Michael Kowalski.

Nancy Carr seconded the nomination.

David Murley asked for any other nominations – none were given. David Murley asked for a motion to close the nominations.

David Kerr motioned so moved.

Nancy Carr seconded the motion.

The Board voted unanimously to close the nominations. The Board unanimously voted Michael Kowalski for secretary.

Michael Kowalski accepted the position.

SITE PLAN:

a.  Colin Alley - Continuation                         Map 25, Lot 19

     292 Narrows Road                                   Colin’s Auto Repair

David Murley stated that the Board overlooked the zoning district on the application and needed to consider it. According to the Town of Barnstead Zoning Ordinance Article 14, section 14-6.02 Suburban Districts – Locations, “All major subdivisions of four or more lots that were approved prior to March 9,1999 comprised of nonconforming lots shall be included in these districts”. David Murley continued, in Table 1 Town of Barnstead Permitted Uses by District or Zone, under Suburban District – Auto Repair and Service is not allowed. He continued, the Board doesn’t have a choice; they have to deny the application. David Murley recommended Colin Alley go before the ZBA to appeal the decision of the Planning Board.

David Murley asked for a motion.

Michael Kowalski made a motion to deny the application.

Nancy Carr seconded the motion.

A roll call vote was taken as follows:

James Fougere                no                       Nancy Carr                   yes

David Kerr                       yes                      Michael Kowalski           yes

Christopher Carazzo         yes

David Murley told Colin Alley that he would be receiving a letter with the Boards decision. He may then go to the ZBA for an appeal.

It was suggested by an abutter to add a subdivision line under zoning.

b.   Elaine Swinford                                 Map 2, Lot 77

      134 Suncook Valley Road                  Thrift Shop/Food Pantry

Elaine Swinford came before the Board stating she wanted to move the food pantry from the basement of the Town Hall, which is unsafe, to a space beside Bosco Bell. In this space she also wanted to open a thrift shop. Elaine Swinford added that she has applied for a 501. She has a lot of support like the seniors, the church, the high school has to do community service so they can work there, any excess money can be put back into the community.

Michael Kowalski asked about the bathroom situation.

Elaine Swinford said there is no bathroom, but they can use the Bosco Bell’s or they one next door.

Nancy Carr asked about the hours of operation.

Elaine Swinford said Thursday, Friday and Saturday, about 4 or 5 hours each day the food pantry would be open 24 hours.

Nancy Carr asked about signs.

E said only in the windows.

Nancy Carr asked about the anonymity of the people. Bosco Bell is a very public place.

Elaine Swinford said not any more than the Town Hall. She added she does a lot of deliveries herself. People wouldn’t know if they were shopping in the thrift store or receiving food when they walk out of the store with a bag. The food pantry will be in the back section of the thrift shop.

David Murley said she has a good deal worked out with the landlord.

David Murley asked for further questions – none were given. He then asked for a motion from the Board.

David Kerr made a motion to accept the application as complete.

Michael Kowalski seconded the motion.

The Board voted unanimously to accept the application as complete.

David Murley opened the Public Hearing at 7:12 P.M.

No comments were given.

David Murley closed the Public Hearing at 7:13 P.M.

David Kerr made a motion to approve the application for the thrift shop and food pantry.

Michael Kowalski seconded the motion.

A roll call vote was taken as follows:

James Fougere                yes                       Nancy Carr                   yes

David Kerr                       yes                       Michael Kowalski           yes

Christopher Carazzo         yes

David Murley told Elaine Swinford that the Selectmen and the Health Officer would sign the application and she would receive a copy.

At this point Gail Darrell introduced two gentlemen, Jeremy Kagen and Anneke Campbell, documentary filmmakers that came to film the meeting.

c.   Gregory True                                 Map 7, Lot 1, 1-1 & 4

     27 Depot Street (Timco Property)     Sanco Energy LLC (15 MW)

Nancy Carr and David Kerr recused themselves. Andy Houle, selectmen’s rep., alternate joined the Board sitting in for David Kerr.

David Murley ran through the rules and procedures for this hearing. He informed the public that the Board would listen to Gregory True’s presentation, and then ask him questions. When the application has been accepted as complete the public hearing will be opened.

There was some confusion from the public regarding when the application was to be approved, accepted and public input. David Murley clarified the questions.

Gregory True told the Board that at the last meeting they asked for 5-MW, but should have asked for the total 15-MW facility. Since the last meeting the Board had put together a list of question, which he would answer at this time.

• The trucking hours would be Monday thru Friday 6:00 A.M. – 8:00 P.M. Saturdays 6:00 A.M. – 2:00 P.M. Sundays as needed basis like mud season.

• Lighting – Showed the lights on a plan, stating that 30% would be eliminated along with the buildings. The old style lighting would be eliminated. Lighting would be placed primarily for safety.

• Signage – Sanco will post a sign stating one truck on the bridge at a time at both ends. Sanco will work with the town to provide and locate signs that prohibit the use of Jake brakes in the vicinity of the Timco property. All other signage will be in accordance with the local town ordinance.

• Footprint and storage – Gregory True explained about the previous Timco property and it’s storage facility stored at peak times such as road closures, Christmas time etc. They would store 30 day supply approximately 12,000 tons, 3,000 tons stored in the silo’s and outside storage about 8,000 or 9,000 tons. 15-MW = approximately 12,500 tons total (3,000 tons in existing buildings and storage).

• Noise – showed power point presentation done by an outside consulting firm. The Class 1 (Urban) = Limit dBA 45-50. The Class 2 (Urban/Suburban) = Limit dBA 45-50. The Class 3 (Rural) = Limit dBA 40-45. He explained about the peak hours and decibels.

Gregory True explained about the high-pressure release, uncontrolled high- pressure release and aero-acoustics.

Eric True said this decibel level is 6 decibels below nature.

There was a discussion about the 24/7 operations of the old Timco property and their noise level.

James Fougere said he was looking for background data. The decibel issue should be corrected to state below the upper limits. James Fougere also asked about the cooling tower and how the relationship affects the pond.

Gregory True showed on the power point presentation where the outside storage would be, the silos and the co-generation building backed up to the cooling tower. The town has asked to maintain the cooling pond so it would be available for Fire trucks to fill up if the need arises.

At this point Barbara Ann Long of 101 South Barnstead Road asked just where this property was in relation to her property. She asked Gregory True just how many feet was between them. She stated she was an abutter and didn’t get notification only hearing about the meetings from neighbors. She had serious concerns about this project and needed to know what was going on having heard that this was voted on without her input as an abutter.

David Murley said that if she were an abutter, she should have received a registered letter. David Murley also added that the notice was in the papers, posted in both Post Offices as well as at the Town Hall, both inside and outside.

Barbara Ann Long stated no letter was received, but it would have been addressed to William Doub.

After going through the returned certified signature cards, neither William Doub nor Barbara Ann Long was among them.

The tax map was taken out and Barbara Ann Long was asked to point out her property.

She pointed out map 20, lot 6. The tax map clearly showed that her property doesn’t abut the Timco property. There is a river and another parcel of land in between.

Gregory True continued his presentation. He stated that the cooling pond stays to benefit the cooling tower and for fire protection. The cooling tower for the co-generation system has turbines with low-pressure steam.

James Fougere asked if the cooling towers would be staying?

Gregory True said yes the cooling towers would be staying.

Christopher Carazzo asked what the ambient sound on a normal day would be?

Gregory True answered 34 decibels with everything going.

David Murley asked to see the power point presentation of the lights.

Gregory True pointed out where the lights were, the street entrance, the office, weigh scales, and he pointed out some buildings with lights will be removed. Even though there is a high traffic area, not all of the lights set up will be used.

Barbara Ann Long again questioned where her property was in relationship to the Timco property.

Diane St. Germaine also asked about the vote on approval of the application.

David Murley said no – the application has not been approved until after the public hearing. He asked that they both wait until the public hearing is opened.

James Fougere asked about the chip storage.

Gregory True showed him on the power point map.

Michael Kowalski made a motion to accept the application as complete.

James Fougere seconded the motion.

A roll call vote was taken as follows:

James Fougere                 yes                  Andy Houle            yes                       Michael Kowalski               yes                  Christopher Carazzo       yes

David Murley opened the public hearing at 8:06 P.M.

Diane St. Germaine questioned the existing permit. Is there anywhere on the application to let us know about the permit?

David Murley answered; no this is something for the EPA. We don’t regulate the air quality only the EPA does. David Murley asked Gregory True to run through the permit process.

Gregory True said for the 5-MW facility the current permit is valid for 30 days after we take over ownership of the property. This gives us time to apply for a new permit. In order to qualify for the additional 15-MW and NOx equipment we have a 60-day public notice hearing for technical review. You can find the public hearings noticed on the N.H.D.E.S. website.

Gail Darrell told the Board, she was under the impression that the permit for the Timco property was not valid.

Gregory True said – the permit was valid until December of 2009.

Gail Darrell said she spoke with someone at the D.E.S. and they told her that once a plant has not been operating for a year the permit was not valid.

David Murley informed Gail Darrell that we were not the D.E.S. she would have to take that up with them.

Diane St. Germaine asked if the Planning Board has received documentation from the D.E.S.

David Murley responded that they were not the D.E.S. and it was not the Planning Boards problem.

Gregory True said they have to file and have 30 days in which to do so.

Gordon Preston commented that by increasing to the 15-MW facility are they going to be using 1 boiler and 1 turbine?

Gregory True said they would be using 2 boilers for the 15-MW turbine.

Gordon Preston asked about the amount of BTU’s.

Gregory True answered he wasn’t sure as to the number he didn’t have the figures with him.

There was a discussion about the BTU’s and if the steam could be used up to 15 miles away to heat the school etc.

Jack O’Neil asked about the BTU regarding Gordon Preston’s question. Jack O’Neil also asked about the chemicals emitted into the air.

David Murley again said that this was an EPA issue not a Planning Board issue.

The process they are using doesn’t have any chemicals in it. They are burning green woodchips.

Bruce Shearer asked if it is the D.E.S. fault do we have any recourse?

Andy Houle answered the D.E.S. has open hearings that you can attend.

Gregory True said the permit has it all spelled out. The D.E.S. has a technical review and a public hearing.

David Murley said when the 30-day period starts; the state law requires publication of a notice in a paper of local circulation and in a paper of statewide circulation. The D.E.S. also puts the notice on their website.

Phil Grillo stated that this hearing is for the approval of the application only; this is the first step in a process. This meeting has nothing to do with the D.E.S. questions like dioxins – this is not the venue for this. He recommended that if there were any questions regarding these issues, they should go to the D.E.S. public hearings and express their concerns.

Barbara Long questioned the quality of life here if these questions are not answered. She wanted to be re-affirmed that the community was concerned about her interests. They should have an open dialogue to discuss all the issues.

Andy Houle spoke about the Timco property and a thriving town. The True’s have been upfront with everything they have come forward with from day one. This town really needs Sanco Energy to get back on its feet.

Doug Darrell asked if it was true that as a town we can ask for stricter standards to be enforced for pollutants or emission.

David Murley answered yes they could.

Doug Darrell also questions the EPA standards for noise remembering when the Timco property was running.

Greg True answered him explaining the station load and the MW facility and meeting all the requirements necessary.

Barbara Long asked if they had done a lot of research.

Eric True said they had consulted the experts on these issues.

Gregory True recapped what they had done and showed her the time line for the Timco property.

Gordon Preston said he wanted to clarify the BTU issue. He wanted to know if it would be potentially available for example to heat the school.

Gregory True said yes, they would like it to be available for the school, Town Hall and Fire Department.

Diane St. Germaine asked if it would be permitted as a new source with more structure?

Gregory True answered that there are new standards. They can’t put a shovel in the ground for the 15-MW until all of these standards are met. They have done their homework on this issue.

Diane St. Germaine disagreed with Gregory True about the current permit and the new permit issue. She also asked about the tax rate.

David Murley told her that the assessors governed the tax rate.

Gail Darrell stated she did some research and found that the reason the investors are putting up funds is that there is a program offering Federally mandated grants with money available. She referenced the water ordinance and the fact that the D.E.S. protects the water and its withdrawal. This project affects the whole community and its environment. This should be a community decision. There are a lot of risks that we should be aware of and make a good decision.

Phil Grillo said he supported the water ordinance; at that time questions were asked as to how this would affect businesses. You said it may or may not affect businesses as long as they are not withdrawing water it shouldn’t affect them at all.

Michael Kowalski comment to Gail Darrell that she has the right to draft a warrant article and go before the town, pointing out she has gone through this process before.

Gail Darrell commented that all she was saying was the community has the right to make the decision – not just the Planning Board. The Planning Board can approve the application procedure, but the community is the ones that should be voting on this issue.

Eileen Murley stated that she disagreed with Gail Darrell. To allow a business into the town they have to follow correct procedure with rules and regulation just like everyone else. These people have been working with the town since April. They have complied with everything asked of them. I see know reason to delay this project it will be good for the town, taxes and the people of Barnstead.

Kathy Grillo agreed with Eileen Murley, she added there are a small number of people who think there are things being done underhandedly. People are moving out at a very fast pace. We care about our town and have elected the Planning Board to do their job.

Barbara Long and Any Houle discussed dioxins, woodstoves and pollutants.

Christopher Carazzo encouraged Barbara Long to run for a position on the Board if she felt very strongly about the Board not doing their job.

Diane St. Germaine told the Board that they should be able to discuss the dioxin subject. She felt very strongly about discussing the dioxins issue and felt the Board had no right to make a big decision they have to inform the public – which she felt the Board has not done.

Clarke Goodrich said he supported the Boards decisions. He has lived in the town many years and his family since the 1700’s. The people have elected and entrusted this Planning Board to do their job. He continued he didn’t appreciate people who have only lived in this town a few years coming in demanding answers from this legal Board. Clarke Goodrich said the citizens of Barnstead have elected this Board to represent this town’s interest. The Town of Barnstead Zoning Ordinance, which has been approved by the citizens, governs this Board. If you are not aware of situations going on in the town – shame on you. The Board has an obligation to notify only the direct abutters. You as concerned citizens need to do your homework and find out what’s going on, the notices are posted at the Post Offices, Town Hall and in the newspaper. You can’t ask the Board to interpret the DES regulations, that’s not their job. They only need to notify you for what they’re responsible for. The applicant first has to submit an application to the Planning Board. Then the Planning Board has to approve the application as complete first at the meeting. Then the public hearing is opened. When the public hearing is closed then the Board will decide if they want to approve the application or not. The applicant may have to go to another department like the state or DES for further approvals. You need to find out correct information first hand.

Barbara Long asked – just what are we permitting? Is there any other business?

David Murley answered that the Board will approve or deny the application for the 15-MW generator.

Barbara Long asked about the transfer of the permit from one person to another.

David Murley tried to explain to the process that Gregory True has gone through up to the sale of the property.

Barbara Long wanted to know how could we permit the facility if it hasn’t run in several years?

David Murley stated – not hearing anything new the public hearing is closed at 9:15 P.M.

Barbara Long objected to the closing of the public hearing stating that this was the only hearing she’s been to.

David Murley answered that it has been noticed and posted since April. Then added the public hearing was closed.

David Murley said he would like a motion from the Board.

Andy Houle made a motion to approve.

Michael Kowalski seconded the motion.

A roll call vote was taken as follows:

James Fougere             yes                       Andy Houle           yes                       Michael Kowalski           yes                       Christopher Carazzo       yes

Barbara Long announced that this was a kangaroo court and an injustice was done to the town.

Gail Darrell stated she was at the last meeting and she believed what was said then was “once the 5-MW was up and running then you would consider the 15-MW. Is the 5-MW up and running – No are you considering the 15-MW – yes – that is a breach of promise”.

Nancy Carr and David Kerr returned to the Board. Andy Houle stepped down.

CONCEPTUAL CONSULTATION

Mark Sargent:

Mark Sargent told the Board that he was representing clients that had land on Province Road and Gray Road. They subdivided the land in 1999 into 3 lots. They now want to subdivide a 4th lot and build a residence. The question is do they have to put in a cistern or can they get a waiver? Can they get around putting it in? What are their options?

Christopher Carazzo asked if one of the lots had a hanger on it and no dwelling?

Mark Sargent said yes.

Christopher Carazzo asked if the lot with the hanger on it could be merged with the lot next to it. Then it would be 3 lots and no cistern would be required.

David Murley said that waiving a cistern is not an option.

Mark Sargent said he would talk to his clients. He questioned the waivers like traffic etc. and wanted to know if a new survey was needed for the property?

David Murley looked at the recorded plans and said new ones would be very expensive, and the Board usually waves the impact studies, and the survey of the remainder, as long as it’s not part of the subdivision.

NEW BUSINESS: David Murley introduced two potential Planning Board members Clarke Goodrich and Amy Jennings. David Murley asked Clarke Goodrich if he was interested in joining the Planning Board.

Clarke Goodrich said yes he would as soon as he ironed out a few things.

David Murley informed both of them that a work session would be held on Thursday June 19th. He invited both of them to come.

Gregory True informed the Board that he would be presenting the Aquaponics facility at the August meeting

MINUTES OF 5/1/08, 5/15/08 & 5/29/08: 5/1/08 minutes- Michael Kowalski made a motion to approve the minutes as written.

James Fougere seconded the motion.

The Board voted unanimously to approve the minutes as written.

5/15/08 minutes- Michael Kowalski made a motion to approve the minutes as written.

James Fougere seconded the motion.

The Board voted unanimously to approve the minutes as written.

5/29/08 minutes- Michael Kowalski made a motion to approve the minutes as written.

David Kerr seconded the motion.

The Board voted unanimously to approve the minutes as written.

ADJOURNMENT: Michael Kowalski made a motion to adjourn the meeting.

Nancy Carr seconded the motion.

The Board voted unanimously to adjourn.

David Murley adjourned the meeting at 9:40 P.M.

Respectfully Submitted

Paula Vardaro

Recording Secretary