09/12/18 – PB Minutes
TOWN OF BETHLEHEM
September 12, 2018
BETHLEHEM TOWN HALL MEETING ROOM
Present: David Rodrigues, Michael Bruno, Marie Stevenson, Johnathan Stevenson, Linda Moore and Chris McGrath.
Absent: Dave Wiley
Chairman David Rodrigues opened the meeting at 6:00 pm and read the public hearing notice for AHEAD requesting a time extension to the two-year requirement to begin a project. There was discussion about whether or a public hearing was required and if it was noticed in the newspaper. Mike Claflin and Larry Berg came on behalf of AHEAD to discuss the extension request and said the approval is due to expire on Oct. 26th. Don Lavoie said this would be a modification to the site plan review and believes it needs to be noticed. He said the Board needs to review the regulations and ordinance to see if any there have been any changes. Mr. Rodrigues said this is an extension for approval, so they didn’t need another application and trusts due diligence was done when they submitted their request. He thanked Mr. Lavoie for raising the concern and will verify the information. Mr. Bruno said he would be uncomfortable voting on something he doesn’t have verification of. The Board took a recess to see if the email could be located that had the verification.
Back in session: The board reviewed the legal email. Mike Bruno motioned to have the meeting continued to determine if it was correctly posted, on September 26, 2018. Chris McGrath seconded 6-0
Conceptual for North Country Environmental Services (NCES) Phil Hastings explained that the Zoning Board directed them here. Rudarpa got a special exception on the NCES Land. Condition was to get subdivision approval. Rudarpa will only use a portion of NCES land for a portion of time, they don’t believe they need to get a subdivision, 5.9 acres- Rudarpa 3 lots subdivided. Minor or Major subdivision was asked. The board believes it to minor. General provision #14 in zoning ordinance. David Rodrigues
Said that this a conceptual even though there is a lot more information being discussed. The board determined that the criteria is that of a minor subdivision. Plat requirement #26 Phil Hastings said there is no General Provision #14 in the zoning ordinance. Chris McGrath said there were extra hours spent to review ordinances and get changes up to date. Mike Bruno explained that 25% of the land is the maximum coverage. He would be concerned about the green space near the road. Waiver for #26? David Rodrigues said it seems reasonable if it is not an ordinance as long as it meets setbacks. Andrea Bryant said the Board should check ZBA criteria because they were only approved for 2 acres. Don Lavoie said a commercial application is allowed to submit for subdivision and site plan review as one application. Chris McGrath said they are two different projects so two different hearings. NCES for the subdivision and Rudarpa for site plan review. Mr. Hasting said whatever permission Rudarpa received they are not looking to change. Mr. Roy said he didn’t think you could create a two-acre lot per subdivision regulations. Mrs. Farrell asked if the Planning Board conferred with their lawyer. Johnathan Stevenson said it is a conceptual, so this is the first the Board is hearing about it.
NCES – Traffic Management conceptual for map/lot 419/002 for traffic management south of the scale house. It will include grading changes and physical improvements to the final road. There will be no filling next summer where access road is now. There won’t be access on southern side as they fill it. A new road will be built into the cap. A stormwater pond will control the surface water. Mr. Roy said they do not use the existing pit access road. Julie Seely encouraged the Planning Board to use the Planning Board attorney because there is a long history. She said she is concerned about infrastructure outside of the 61 acres. She also said there is 2.5 years left of the landfill and they took 40,000 tons in July so they haven’t slowed down their rate of acceptance. She said it has to last until March 2021. She said she is concerned with why traffic would continue at current level. Ms. Bryant said have attorney look at agreement first and look at uses for District 2 because she doesn’t see roads. Mr. Lavoie said the Select Board and Planning Board had a joint meeting about the settlement agreement and the intent was to give them more storage space and limited height. He said the infrastructure had to be on premises. There was a discussion on how abutters are noticed. Mr. Hastings said it is not a public hearing and when they apply they will comply with town regulations.
The Board discussed gravel pit inspections and reviewed the schedule. They discussed the reclamation checklist for the Tucker pit on Casella property. The Board will schedule a time to inspect that pit. Mrs. Farrell asked if the public could go to the pit inspections. Mr. Bruno said it is a liability issue and Planning Board members are covered but private citizens are not.
Mrs. Farrell asked about the time frame of the minutes being put on the website. She also asked if we keep tapes. She was told that is not recommended.
September 26th is the next meeting date. Mr. McGrath would like BR&E on the agenda to discuss what the Planning Board can do to help.
Minutes from 08/08/18.
Mr. Rodrigues moved to approve the minutes. Mr. McGrath seconded. Carried 5-0 (Mr. Bruno abstained).
At 7:26 Mr. Rodrigues moved to adjourn. Marie Stevenson seconded. Carried 6-0.