Walpole Planning Board

Walpole Town Hall

August 11, 2015 Minutes

 

Presiding Members: Jeff Miller (Chair), Robert Miller (Vice-Chair), James Aldrich (Secretary), Kelley Hicks, Steve Dalessio (Selectboard Representative), Jason Perron, Dennis Marcom. Alternate: Jeff White.

Absent: Alternate Ed Potter.

Recording: These minutes are unapproved and will be reviewed at the September 2015, meeting for corrections, additions and/or omissions.

Meeting Opened: Mr. J. Miller called the meeting to order at 7:10 p.m.

Roll Call: A full board was present so an alternate was not needed to fill in.

Minutes: Ms. Hicks made a motion to accept the minutes as written. The motion was seconded and approved by the entire board.

Old Business:

            Request for a Public Hearing for a Site Plan Review – Commonwealth Construction LLC.   Renovate one building. Construct another approximately 7,000 square-foot building. Both on the former LaValley property in North Walpole. Map 27, Lot 3. Zoned Industrial.  Yobhel Brosseau Manager.

The application was accepted as complete and a motion made, seconded and the board voted unanimously to approve the motion.

Mr. Brosseau explained what he planned to do at the North Walpole site (see above) with the new construction for a pre-engineered single-story metal building for the manufacture of USDA certified organic personal care products. He added that there will be no changes to the site. Everything stays within the existing fence, he said. There will be no changes to the site – egress, water runoff, etc. There will be new utility hook-ups.

The number of people he expects to employ is eight. There will be some trucks coming and going but the trucks have plenty of space to turn around and there’s plenty of room in the parking lot. He said the manufacturing operation is very quiet and he doesn’t see it affecting the area in terms of traffic or noise.

One board member asked if he had been involved in this business before? Mr. Brosseau replied, “Yes”  that his father-in-law was in the business. He then asked about smells. Mr. Brosseau said no smells will be emitted from the factory. If you were to go inside, you would smell whatever fragrance was being run that day. There are no exhaust fumes.

Mr. J. Miller asked if it was mainly mixing and packaging and Mr. Brosseau replied “yes.” Mr. Miller continued to ask if there was anything unusual about the waste. Mr. Brosseau said as far as the sewage was concerned it was cleaner than what comes from most people’s homes.

Mr. Perron asked if there were any solid waste or by-products from the process. Mr. Brosseau said that would all be taken care of inside during the process.

Mr. Dalessio asked about the warehouse square footage. Mr. Brosseau said between 8,000 to 9,000 square feet.

Ms. Hicks asked if there was some connection between the warehouse and manufacturing plant. It wasn’t shown on the map but Mr. Brosseau said that there is a connector.

Another board member asked about sprinklers. Mr. Brosseau said he had spoken with someone from the North Walpole Fire Department and he wanted a monitoring system in place. Mr. Dalessio asked Mr. Brosseau to get a letter from the North Walpole Fire Department. Mr. Brosseau said he would.

“In the conversion of the building to a warehouse, what do you see in that scope of work?” asked Mr. Perron. Mr. Brosseau said exterior walls need to be filled in, open doors need to be filled in, and a new roof. It needs extensive repairs. A heated slab on the porch and a good deal of instulation is also planned. The front portion of the warehouse will be heated and the rest will not be heated.

With no further questions, the public hearing was closed.

Public Hearing for a Site Plan Review – Ruggiero Processing Facility, LLC, 32 Industrial Park Road, Map 1, Lot 10-1, Zoning District Industrial – wishes to add another 2,500 square-foot pole barn, new access and a scale. Joe Ruggiero owner, Rob Hitchcock of SVE Associates  and a lawyer, Thomas Hanna, were present.

Mr. Miller made a motion to accept the application as complete. The motion was seconded by Ms. Hicks and passed unanimously by the board.

Mr. Dalessio asked about the missing abutter from Westmoreland and if that person had been notified. Mr. Hitchcock said the question also was brought by DES and it was determined that there was no missing abutter.

Mr. Hitchcock began by saying that this map was a little different than the one he brought last month. It shows Houghton Brook 150 feet to the tree line on the brook side of the pole barn. Mr. Ruggiero is here for approval of a new pole barn, a scale and new access. The existing pole barn building is 2,000 square feet. The new one will be 2,500 square feet. The new scale is needed because waste is basically paid for on a pound basis not cubic yard and Mr. Ruggiero would like to have another trailer for a breakroom for the workers. He already uses a used trailer for an office and the trailer for the breakroom will also be used. Right now Ruggiero is using a gravel road that belongs to Hodgkins & Sons. DES wanted Mr. Ruggiero to have its own road so the map shows the access road.

Mr. Hitchcock continued that the permit from DES is for 200 tons a day; now the permit is for 400 tons a day. That doubles the amount of trucks from about 10 to 20. The expansion is due in large part because Wheelabrator in Claremont closed down. Mr. Ruggiero has to take it to facilities controlled by either Waste Management or Casella, direct competitors, who raised their rates. So in order to make it affordable, Mr. Ruggiero has to truck it a longer distance.

He explained how the operation works. The trucks bring in the waste, tip the truck and sort out the recyclables into larger containers. He said there ‘s a committement with DES to turnaround a load in 72 hours.                                                                      2.

Mr. Hitchcock then handed out a letter from DES stating that there had been no contaimination from leaking dumpsters and there is no history or record of any problem of that type. Attached to the letter was an aerial photo showing a red line going from the site north toward Seward Road. Mr. Hitchcock said that the nearest hosue is 500 feet away from the operation. He added that though it is not required, Mr. Ruggiero has bought waterproof tarps to cover the dumpsters.

Mr. Marcom asked if since they are planning on doubling volume, does it mean they are doubling employees. Mr. Ruggiero answered yes. They have 3 to 4 employees now and will have 7 to 8. Mr. Hitchcok said that every employee, after 30 days, has to go through DES training to become certified operators. There are several levels of certification with 4 being the highest.

Mr. J. Miller asked if everyone had to have new training every year. Mr. Ruggiero said everyone gets a refresher course every year.

Ms. France Menk, who lives on Black Jack Crossing, asked about hours of operation. They are 7 to 5 daily during the week and half a day on Saturday. Later she said she asked that question because she was concerned about the potential increase in noise.

Mr. Dick O’Brien wanted to take the meeting back to the beginning when the first pole barn was built without officially notifying the Selectboard before taking up all the new things being proposed.

Mr. Tom Hanna, a lawyer representing the applicant, said the three new changes are the only things that are being considered at the hearing and that the pole barn issue was irrelevant.

Mr. Aldrich asked about the total acreage of the land was. Mr. Hitchocok answerd 13 plus acres. How many acres is being used now, Mr. Aldrich asked. Mr. Hitchcock estimated 3 to 4 acres. So in the future we’re looking at 13 acres being used for garbage, Mr. Aldrich said.

Mr. Hitchcock said that’s not what they were proposing. Mr. Aldrich agreed but said the potential is there for a 13 -acre garbage dump. That potential is bigger than Keene, Mr. Aldrich continued. He added that it started out for demoliton debris and so much has been done without notifying anyone and where no one could see what was happening – such as not coming to the planning board or selectboard to get a building permit for the pole barn.

Mr. Hitchcock said I would suggest that one pole barn,  Aldrich interrupted, and said it could have been three.

Addressing Mr. Aldrich, Mr. Hanna said that you’re talking about what was previously permitted. Now the permit before DES is for MSW (houssehold waste) and for that area shown by Mr. Hitchcock. We could be talking 50 acres. I’m not sure what your point is, Mr. Hanna said.

Mr. J. Miller said it is basically a transer station – am I right? Mr. Ruggiero agreed.

Mr. Anderson said his house was as close to the operation as the Walpole Common is long and “that back when this was decided,  it was decided it would be only for construction debris. That’s all that was going to go there. Now they’re proposing household garbage. They have contracts all over Vermont. Vermont now has a state law households must recycle. A few years from now it will be more. It is being forced down our throats for something that wasn’t supposed to be.

“At the time (of the original hearing) they (Mr. Ruggiero) were asked if there were to be any household waste and said they said no – not beyond a sandwich bag. And now we are way beyond a sandwich bag.”

Mr. Dick O’Brien, an abutter who lives about 300 feet away, said it is a continuous stream of trucks. Ruggiero sometimes the turnaround time is 24 hours and that’s to keep it from smelling.

Mr. Dalessio asked if there were any conditions when zoning approved it a few years ago.

Mr. Ruggiero said there was one condition imposed by the Zoning Board and it was hours of operation.

Then Mr. Dalessio asked if there was any discussion about having it just construction debris. Mr. Ruggiero agreed that the discussion was just about construction debris.

Mr. Dalessio continued that it seems from the discussion of people here, they believe there was a condition about construction debris only. I think we have to go back and look at those minutes.

Mr. Hanna said this is an area of the law preempted by the state, not by local regulation. That’s pretty clear. If you look at where there’s a comprehensive regulation by the state, you don’t want local regulation to frustrate the purpose of the state legislation. And if you saw the application that was submitted about issues, such as drainage and odors, those are issues that the state of New Hampshire is in charge of not regulated by local authorities.

Mr. J. Miller agreed but said the town has certain fire codes etc., and the question goes to use. If the Zoning Board was open up to construction debris only, that opens another avenue.

Mr. R. Miller asked Mr. Ruggiero how his business, which is located in an Industrial Zoning District, met the  criteria of industrial usage.

Mr. Ruggiero answered that when he originally applied, he had to go for a waiver. That’s where the Zoning Board came in.

Mr. Hitchcock said Mr. Ruggiero went through the Planning Board process and the Zoning Board process and the woman who was chair at that time was in the audience last month when this was proposed and she didn’t say anything was wrong about the new application. Mr. Hitchcock was referring to Zoning Board Chairman Myra Mansouri.

Mr. R. Miller said, “So they gave you a special exception because you don’t even begin to meet the criteria of the Industrial District.”

Mr. White asked Mr. Ruggiero what he would do if he found a spill at his site. Mr. Ruggiero said he would call DES and have them clean it up.

Mr. White continued saying the original construction of the pole barn was a trust issue. “You’re getting away with murder. Are there other things that are illegal? I have no idea. But I can see where the abutters are coming from. Should we make them rip it (the original pole barn) down, I don’t know.  I’m not God.”

Mr. Anderson said there are dumpsters full of tires, and right now, a 30 yard-dumpster full of refrigerators. “Do they have freon?” he asked. That is not construction debris. The company’s not permitted for that.

Mr. Ruggiero disagreed. He said when there is a trailer fire or something, the facility gets refrigerators and air conditioners. When the dumpster is full, it goes to a licensed scrap metal place and they take care of the freon.

Mr. Dalessio said that’s a potential hazard right now.

Mr. Ruggiero said it’s in a metal container. Mr. Dalessio countered that something could happen to it when it’s in the dumpster. Like an accident. “You’re dealing with potentially hazardous material.”

Mr. Miller said all the material comes under the auspices of DES. Mr. Ruggiero added that they have been inspected twice and admitted they had “failed on some stuff.”

Mr. J. Miller asked how long the permit was good for. Mr. Ruggiero said there is no expiration date. Then Mr. Miller asked how often the place was inspected and expected there was some documentation. Mr. Ruggiero said he is inspected annually and a state inspector comes unnanounced.

Mr. Aldrich asked about what was at the site for fire supression. Mr. Ruggiero said that there was a monitoring system. He then asked if there were a sprinkler system. Mr. Ruggiero said it’s all metal and concrete buildings.

Mr. Aldrich said people throw all kinds of things away including chemicals that could soak something flamable and before you know it you have a fire.

Mr. Dalessio asked if  the site plan had been looked at by the Walpole Fire Department. Mr. Hanna said, “I don’t think you have the right to ask that. That’s where you are going too far.”

Mr. Miller said, “It’s part of our site plan.”  Mr. Hanna said the Board didn’t have the right to do anything in your site plan which is part of the location, siting, footprints of buildings.

Mr. J. Miller told Mr. Hanna that what the Planning Board is doing is not to regulate over the state but touch base in our site plan. In some cases it’s mere suggestions that works for the applicant because what it comes down to is that the fire department should be familiar with the system at that site.  There’s a partnership and an understanding if anything happens. So they offer suggestions and help.

Mr. White asked about dumpsters that were half-full of refrigerators. He said he didn’t think Mr. Ruggiero was going to move half a truck of material considering the price of fuel and the distance you have to drive. Mr. Ruggiero agreed.

Mr. O’Brien suggested the board go down and take a look at the site. Mr. J. Miller said it was a good suggestion.

Mr. Aldrich asked if there were any junk cars there. Mr. Ruggiero said there were 3 or 4 trucks that they use for parts, a car and a pickup truck.

Mr. R. Miller asked if they do repairs on the site. Mr. Ruggiero said the parts were used on his trucks, he wasn’t selling parts.

Mr. J. Miller said the pole barn that was built a couple of years ago is not part of this hearing. That probably is under the selectboard’s purview. The Planning Board was just looking at this particular site plan.

A motion was made and seconded to close the meeting. Then there was talk of when to have the site walk. Mr. R. Miller wanted it the next day but the Zoning Board had to be notified. So a date was set for a site walk on Monday, August 17, at 4:30 p.m.

Mr. Hanna pointed out that if the meeting was closed, then there could be no further discussion. Mr. Miller said that was a good point so the motion to close the meeting was rescinded and instead a motion to recess was made, seconded and agreed to by the entire board.

Mr. R. Miller remembered that when he was on a previous site walk that groups were asked not to congregate and talk among themselves. Mr. Hanna agreed and said it is just appropriate to ask questions and observe.

Discussion of Commonwealth Construction hearing: Mr. J. Miller said one of things that the Selectmen suggested the board do for site plans was to make sure the checklist was included. So Mr. J. Miller went down the waiver list as it applied to Commonwealth Construction. Then the Board unanimously approved Commonwealth’s request with the condition that Mr. Brosseau get a  letter of approval from the North Walpole Fire Department.

Request for a Site Plan Review for Old Dominion Trucking, Thomasville, NC Map 1, Lot 3-5, Industrial Zoning District – would like to add a new loading dock and lighting. Contacts Marc Messier of Tennessee who was in charge of lighting and Mr. Dan Nash of Advanced Geomatic and Design in Lebanon.

Mr. Nash explained that the owner Old Dominion was a part of Yellow Freight. This a trucking company and the existing building’s about 7,600 square feet. The management plans to add 3,500 square feet.: a concrete apron outside the building where the trucks sit and paving the yard around the building. Mr. Messier will be doing the lighting plan and Mr. Nash will be doing the site calculations, about 84,00 square feet.

Mr. Aldrich asked how many doors were going to be added. Mr. Nash said there are 18 on the existing building, four of those will go, and another 12 added.

Mr. Nash explained the business was a transload facility. He gave an example. When Nabisco has a truckful of crackers, cases of crackers are left at this site. Some are put on another truck. Then another truck comes along and adds items to that second truck. So that one truck has many different items on it but it’s all delivered to one store. Nabisco saves of money by not using multiple trucks going to drop off just one product at one store.

Mr. Anderson asked what the hours of operation were. Mr. Messier answered currently they are 7 a.m. to about 10 p.m.

Mr. Anderson said sometimes at two or three in the morning a driver comes in and yanks his air horn, probably for someone to come out. Mr. Anderson said he would like that to be addressed. He also asked how many more trucks would be there be. Then he said in the winter, the lighting reflects off the snow and the light’s too bright. He asked that that also be addressed at the next meeting.

Mr. Nash said the operator will be at the meeting next month and he can answer all your questions. Mr. Nash said that Mr. Messier told him that Old Dominion will be changing all the lighting to LED and lighting that was downlit at all their operations.

Mr. Miller made a motion to hold a hearing next month. It was seconded by Mr. Aldrich and unanimously approved by the board.

Mr. George Wiezbowski of 43 Taggard Road did not come to the meeting to ask questions about questions about a subdivison on a private road.

Bensonwood building on Huntington Road. Randall Walter, lead architect at Bensonwood, was at a Planning Board meeting a couple of months ago and asked to be put on the agenda next month to discuss the Huntington plan, a parcel of land owned by Bensonwood to the north of Chamberlain Machine. Walter said the proposal was a lot like the one that was proposed in 2008. He suggested it would be helpful to board members to have a look at that plan before presenting an updated site layout, drainage and lighting plans,

Walter believed the traffic study would be similar to the one previously presented – the truck trips and employee trips are the same or less – so the presentation next month will not include a traffic study.

He said Benson was a different business, that it has evolved. Also, the big nut hickory tree died of natural causes about five years ago.

Mr. Aldrich made a motion to adjourn. Mr. R. Miller seconded the motion and it was approved by the board.

Time 8:10 p.m.

Respectfully submitted,

Marilou blaine