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Home » 07/31/2018 – ZB Minutes

07/31/2018 – ZB Minutes

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TOWN OF BETHLEHEM

ZONING BOARD

Tuesday July 31, 2018

 

BETHLEHEM TOWN HALL MEETING ROOM

Minutes

6:00 pm

Present:  Chair Mike Culver, Patrick Doughty, Amy Delventhal, Kim Johnson, and Andrea Bryant

Mike Culver opened the hearing for: Rudarpa Inc. Landfill Gas Processing Facility.  They are seeking a Special Exception. They are leasing a 2-acre plot of land from North Country Environmental Services.

Amy Delventhal made a motion to not hear the case due to the town vote last year not to change that land from district 2 to district 3 and there is no use in District 2 that it mentions the proposed project. Andrea Bryant second   Motion fails

Patrick Doughty read the checklist: Some checklist items were pending. The key needs to be fixed to represent not keyed property.

Patrick Doughty motioned to accept the checklist as complete with pending conditions to be determined by Planning Board at sub-division and or Site Plan. Mike Culver seconded 5-0 motion passes.

Check list is complete pending conditions

Joe Darling explained that RUDARPA is a Utah Corporation with over 150 years of combined gas, energy, emissions, water treatment and processing experience. NCES will supply the Landfill gas for up to 15 years from the existing landfill.  Rudarpa will contract for gas clean up and transportation to inject gas into existing New Hampshire pipelines.  The facility will transform the landfill gas into beneficial end use products, natural gas & CO2.  This will reduce carbon emissions in the atmosphere by approximately 60,000 tons per year.  Long term full time employment 8-9plus local jobs.  Long term part time employment 1-2 jobs.  Paying about $50K. The natural gas will fortify existing pipeline distribution which is severely constrained due to several factors.  The facility will be located on Trudeau Road adjacent to the North Country landfill on land owned by NCES.  The transport vehicles will travel the existing routes for the landfill supply vehicles.  It will also be adjacent to the proposed Green Industrial Park.  Since the area is not zoned for industrial, they are asking a Special Exception.  He spoke with Fire Chief Anderson. They are handling all the state permits currently.  They have a lease with NCES for the 2 plus acres.  They plan on being a good neighbor.

Questions from the board: Amy Delventhal would like to know the benefit of the project to the town.  Mr. Darling answered to providing good jobs to local people.  The flare will be capped off, that will reduce co emissions at 60,000 tons per year.  Clean pipeline of natural gas to benefit NH residents.  Mr. Darling’s company has over 150 years of expertise in business experience.  The proposed facility will support economic development, reduce renewable energy and greatly reduce emissions from the landfill gas currently being flared. The Rudarpa facility will blend in with other local businesses and the neighborhood in general.  Rudarpa will be a responsible neighbor conforming to the zoning regulations.

Mike Culver asked abutters to the property if they had any questions for the applicant. Dan Boyce spoke up to say that he has no problem with the project, and he agrees with the board.

Open to public input: Mr. Seely spoke about the criteria for the Special Exception.  He did not feel as though it should pass the criteria, noise, trucks, scenic view and master plan.  Jesse Delventhal just wants to be sure the town gets their cut of taxes and being a good neighbor.  Kim Johnson asked how many trucks per day.  The answer was 3-4.  Following Trudeau Road to Route 3 to 93.  Andrea Bryant would like to know if the back up beepers cans be quieted.  Something like a static alarm. Mr. Darling would have to check with the state/osha. Mr. Doughty explained that Trudeau road has a gravel pit, landfill and fire academy already in that area that make noise.  Peter Roy said Bethlehem needs this business, it will reduce pollution.  Julie Seeley said there is a view tax in this town, will properties be affected?  Or a tax credit for being green?  Why are we the pilot program?  Mr. Darling: They want to work with Casella and the opportunity to have electric, and to work with an excellent landfill.  We want to support the community. What if it increases your property?  It is the first of its kind in the country.  This method has been proven all over the world.  State DES is very pleased with the project, they said they love it.  We think it will increase property value.  Richard Ubaldo would like to make a clarification.  It is 2 acres out of the 81, the vote was attached only if the deal went through.  Its 3-phase power making gas.  It will open the door to other green business.  We have a business who can get rid of the flare. Jim Martin is very big on recycling and this is the big Kahuna.  We don’t have business like this knocking on our door.  Its Green Technology.  John Seely district 3 is an industrial area.  The ZBA is too caught up in Planning Board Criteria.  Laura Wells explained that she moved her and her husband’s business to Bethlehem.  It was very difficult to get a Special Exception.  This town is not welcoming to new business.  It is nice to see something positive, as Green Energy.

Closed public input.

Andrea Bryant and Amy Delventhal wanted to continue the hearing to another night. There was a lot of back and forth with the audience.  Julie Seely was out of order.  Mike Culver brought the room to order and called for a break.

Back from Break

Amy Delventhal and Andrea Bryant think they are rushing. Mike Culver said he will not rush. Patrick Doughty would like to move forward with the SE criteria. He would also like to add that the site currently has industrial on that road and the project does fit in with the area.

Amy Delventhal would like to move forward.  Kim Johnson also wants to move forward.  Amy wants this to work and she loves the idea.

Criteria:

Criteria #1 The specific site is an appropriate location for the proposed use, structure, or change to a structure, in relation to surrounding properties:

Response:

The proposed site is adjacent to the North Country landfill which will provide landfill gas for processing into Renewable Natural Gas.   This site is the least intrusive and disruptive to the community due to its proximity to the landfill and access to Trudeau Road.  The proposed site is in District 2 which requires special exception but would not diminish surrounding property values and will provide positive impact on the economy and the environment.

Mike Culver motion to accept Criteria #1 with conditions Patrick Doughty seconded 4-1 motion passes Andrea Bryant opposed

  • Condition #1 provide the board with a recorded copy of the deed
  • Condition #2 sub division approval from the Planning Board for 2 acres or planning board waiver
  • for parcel 1

Criteria #2 The proposed use, structure, or change to a structure, will be compatible with adjoining land uses and with the character of the surrounding neighborhood:

Response:

As previously discussed the site is adjacent to the North Country Landfill. Granting the special exception would not be contrary to public interest. The Rudarpa facility may increase land values. 

  • Condition #1 Change to no business park in the application (changed)

Mike Culver motion accept Criteria #2 – Amy Delventhal second 4-1 motions passes Andrea Bryant opposed

Criteria #3 The proposed use, structure, or change to a structure, will not generate substantial amounts of noise, odor, or create substantial increase in traffic:

The Rudarpa facility will be designed to have minimal impact on the surrounding area. The gas processing facility will be enclosed to contain any noise from the processing equipment.  The gas processing facility will decrease odors from the existing landfill through the as clean – up process.  Truck traffic is expected to be 3-4 truck loads per day at peak production.  All trucks will use existing approved routes that service the North Country Landfill.

Condition #1 All truck traffic to use Trudeau Road to Route 3

Mike Culver motion accept Criteria #3 Patrick Doughty second   5-0 motion passes

Criteria #4

The proposed use, structure, or change to a structure, will not create any other nuisance or hazard:

Response:

RUDARPA will do everything reasonable to be a good neighbor and member of the community. We will minimize the effect of light generated from the facility required for a safe working environment for our employees.  All lighting will be shielded downward facing, unless required by regulation or law.  Plant operation will be 7/24/365.  The trucking operation will be scheduled to terminate at 11pm to provide quiet hours from 11pm to 7am.  Granting this special exception would provide substantial economic and environmental justice for the community. 

  • Condition: The board asks for 10-7 quiet hours (as safety prevails) working with surrounding neighbors to prevent unforeseen noise problems. Keep in private quiet hours unless there is unforeseen weather. Limit the noise and light activity

Amy Delventhal motion to accept Criteria #4 Patrick Doughty second 5-0 motion passes  

Criteria #5

The proposed use, structure, or change to a structure, will be in harmony with surrounding properties and consistent with the spirit and intent of this ordinance:

Response:

RUDARPA intends to provide good paying jobs for local residents and improve environmental conditions by reducing odor and greenhouse gas emissions. We feel that granting this special exception enhances the surrounding properties and supports the spirit and intent of the ordinance.  Denial of the special exception would result in unnecessary hardship to the applicant.

Mike Culver motion to accept Criteria #5 Kim Johnson Second 3-2 motion passes  

Amy Delventhal voted no and Andrea Bryant opposed

Patrick Doughty mention that exemption needs to be changed to exception throughout the application.

Mike Culver motion to grant the Special Exception with suggested conditions Kim Johnson second

3-2 motion passes Amy Delventhal abstained, and Andrea Bryant opposed

SPECIAL EXCEPTION IS GRANTED FOR RUPARDA, INC. LANDFILL GAS PROCESSING FACILITY

(with conditions)

Mike Culver postponed approval of past minutes until the next ZBA meeting.

Closed public hearing

Mike Culver motion to adjourn: All in favor 5-0

Hearing adjourned

Respectfully submitted

Debbie Bayley

Planning/Zoning Clerk

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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