Planning Board Minutes
Planning Board
October 2, 2018
Final
Approved October 16, 2018
Members Present: Bruce Healey, Chair; Michael Beaton, Vice Chair; Howard Maurer, Bill Weiler, Richard Wright, Members; Deane Geddes, Alternate; Russell Smith, Ex-officio Member, Ken McWilliams, Advisor
Mr. Healey called the meeting to order at 6:59 p.m.
ADMINISTRATIVE BUSINESS:
DES Alteration of Terrain After the Fact Permit Application received by the Town:
Mr. Healey said that at the Board’s request he had written a letter regarding the DES Alteration of Terrain After the Fact Permit Application the Town had received to Mr. Hilton and requested that Mr. Hilton meet with the Board.
Mr. McWilliams said that the discussion should focus on what questions the Board needs to ask to figure out if the excavation described for Phase I and Phase II constitute a commercial excavation under the new Earth Excavation Regulations recently adopted by the Board. Some things to consider might be where the excavated material went or is going? (On-site or off-site) and if the material was/is to be sold/bartered. Mr. Wright said that the regulations were passed after Mr. Hilton had excavated. Mr. McWilliams said that Phase I might be prior to the regulations, but Phase II looks to go beyond what Mr. Hilton had already done. The area in Phase II is bigger than Phase I and is taking out more gravel.
The Board looked at the plans submitted with the DES Alteration of Terrain After the Fact Permit Application.
Mr. Healey showed a GIS map of the work area. Mr. Healey said that the Aquifer is not on the whole property but looks to be where the entire work area is. Mr. McWilliams pointed out that the heart of the work area extends into the 50-foot water front buffer.
Mr. Healey asked if it looked like, because of the two phases of reclaiming, that they are trying to correct and fix some problems that happened a long time ago. Mr. Geddes said yes, like the gravel pit and the piles of gravel. Mr. McWilliams said that if that was all they were doing he would look at it differently, but that the 2nd phase is opening up a whole new area and taking out more gravel. That is the area you get into, do we have an excavation area.
Mr. Healey said that it would seem like we need to get on site and look at what we are talking about. Mr. Smith said that it is tough to see it on a flat piece of paper. The Board agreed that a site visit to the work area should be conducted.
Mr. Geddes asked if Mr. Hilton knows that he is in an aquifer. Mr. Healey said that he has been informed. Mr. Beaton asked if that would limit what he can do. Mr. Healey said that was a fair question in terms of what authority the Board has. Mr. Healey continued that if there is agreement that the defined work area is in what the Newbury Natural Resource Inventory Map define as the Town Aquifer Protection District, there’s some oversight that gives the Board authority and if any new development occurs, it needs Planning Board approval.
Mr. McWilliams said that once we understand what Mr. Hilton is doing and see if any part of phase I and/or II is a commercial operation, he would need a permit.
Mr. Healey said that the Board will determine if the Earth Excavation Regulations apply. If the Board determines that this is not a commercial excavation, at that point it would be appropriate for the Board to ask questions about the plans.
It was agreed that Mr. Healey, based on Board discussion during this meeting, would write-up a list of questions to be asked of Mr. Hilton during the Conceptual meeting scheduled for October 16.
Mr. Healey gave a brief summary of some of the agenda items for the October 16th Planning Board meeting: LSPA to talk about the water shed and water management projects, conceptual for the Alteration of Terrain After the Fact Permit Application, Katheryn Holmes to talk about Shoreland Restoration plans, ZBA Special Exceptions and Variance amendment, and water well amendment.
Mr. Smith made a motion to adjourn. Mr. Wright seconded the motion. All in favor.
The meeting adjourned at 8:26 p.m.
Respectfully submitted,
Tiffany A. Favreau
Recording Secretary