06.24.2026_pb_minutes_unapproved.pdf
The Planning Board reviewed May 27 minutes, passing them unanimously with a spelling correction. The primary business addressed MAS PB 2026-01, an 8-15 year excavation proposal for 67.01 acres on Brookline Road by 1524 Brookline Road, LLC. The Board deliberated on required third-party reviews for engineering and traffic studies, road degradation concerns, and a $50,000 pavement bond. Outstanding fees totaling $11,634 were noted. Specific conditions were discussed, including a Monday-Friday 7am-3:30pm trucking schedule, a tree buffer on Babb Meadow Road, and dust monitoring. The Board unanimously voted to extend the public hearing to July 29, 2026. Other business included deferring a recommendation for NRPC Commissioners to the July meeting and continuing a hearing on regulatory changes. Source: https://www.masonnh.us/sites/g/files/vyhlif6851/f/agendas/06.24.2026_pb_minutes_unapproved.pdf
Town of Mason, NH Planning Board 16 Darling Hill Road, Mason, NH 03048 Meeting Date: June 24, 2026 Location: Mason Elementary School, 13 Darling Hill Rd. Mason NH 03048 Minutes: Unapproved Call to Order The meeting was called to order at 7:01 PM by Dane Rota. Attendance Attending Absent Voting Dane Rota (Chair) X X Katie Boots (Vice Chair) X X Chris Jones X X Antje Skorupan X X Jenny Scholl X X Cassie Cashin (NRPC) X N/A Sarah Harkonen (alt) X Date of Next Meeting The next meeting is Wednesday, July 29, 2026 at 7 PM at Mason Elementary School. Minutes of Previous Meeting The Board reviewed minutes of May 27, 2026 for omissions and corrections. Spelling correction of a first name made on Line 93. Antje made a motion to accept minutes, Katie seconded. Motion passed with unanimous vote. Communication to the Board Submittals received from the applicant. Email testimonies received. NRPC review of traffic study. Public Hearing Public Hearings: Hearings on submitted applications and regulatory changes - No hearings will be started after 9:00 pm. (Hearings in progress at 9:00 pm will proceed at the Planning Board’s discretion) MAS PB 2026-01: An application by 1524 Brookline Road, LLC, owner, proposing an excavation site plan on Tax Map H Lot 31 (67.01 acres) located on Brookline Road. The proposed excavation is designed with 8 phases and is expected to span 8-15 years where the applicant will excavate and screen up to 5 acres at a time, with a trucking route proposed south along NH Route 13 through Brookline, NH. Zoning District: GRAF. Representing the project: Jeffrey Brem, PE Meisner Corporation John Durkin, Onyx Corporation Amanda Mirifield, Onyx Corporation Mike Tierney of Wadleigh, Starr and Peters PLLC on behalf of Onyx Corporation Kim Eric Hazarvartian, Ph.D., P.E., PTOE from TEPP LLC Dane: Primary purpose of the meeting was for allow the Board to deliberate the applicant's final submittals in advance of making a decision to approve the application. Only abutters would be allowed to comment prior to the Board's deliberations. Brookline's town officials in attendance acknowledged and both Alan Rosenburg and Michele DeCoteau (cc above) did speak on behalf Brookline as an abutter. Also stated that the Board would consider taking public comment, time permitting, following deliberations. Cassie: Discussed final submittal and correspondence from the Town of Brookline and remaining issues on the checklist. Discussed third party review of Excavation Plan, Reclamation Plan and Stormwater Management Plan. Discussed possible traffic study third party review and road degradation and bond. Baseline pavement conditions should be established in MOU. Review of the traffic assessment by TEPP, LLC by NRPC concurs with the conclusion that proposed truck routes can accommodate the increased traffic volume anticipated by the project. NRPC is concerned about road degradation due to heavy vehicles and safety during morning and afternoon peak hours. Discussed dust monitoring at the eastern edge of the property, outstanding fees and trucking operation schedule. Discussed Onyx Operation Procedures and trucking schedule and traffic plan. Discussed Onyx Emergency Action Plan. Onyx is proposing this as a condition of approval. Discussed Performance Guarantee proposed by Onyx as a condition of approval. Ecological Review document submitted to NH DES to be reviewed by the planning Board. Planning Board has not reviewed these yet. This document was sent to Mason Conservation Commission one week ago and Cassie received it today. Jeff Brem stated the Planning Board does not need to review it. Discussed two vernal pools and how the process “is a little different.” Discussed waivers required by Mason Excavation Regulations Section IX.C. and buffer restoration plan for Phase 1B. Need formal approval from Mason BOS in accordance with Mason Planning Ordinance Article IV.D.2.f. Waiver also required Mason Excavation Regulations Section IX.H. Discussed Plat changes needed for septic and wells on H-30 and H-31, Notation and tree planting, on- site fueling plan and engineering specs for concrete slab. Mike Tierny: Traffic expert retained by Onyx and this is a collaborative process. TEPP LLC traffic study reviewed discussing crash data, roads, school buses. “Bottom line roads are adequate for trucks.” Allen Rosenberg/Brookline: Has concerns about the environment, roads, and enforcement of any agreements. Discussed drought, water supply, traffic study accuracy and errors, traffic study short period of time and extrapolation of this data, adequate geometry, heavy vehicles, and concern that Brookline “becomes responsible for the whole Mason Road.” Recommendations include Stormwater Management Plan have a third-party review and the Traffic study a third-party review of the report. Also requested are road and infrastructure study evaluating long-term impacts of heavy truck traffic by NRPC or an Engineer qualified in road structural analysis, draft of AoT with Brookline Conservation Commission included as a reviewing authority, realistic on-site fueling plan with a design for all vehicles and equipment with an engineered plan for the concrete fueling pad and any third-party reviewers should be acceptable to the Mason Planning Board and be NH Certified professionals. Michelle Decoteau/Brookline: requested legal counsel. Dane: Read NRPC review of traffic assessment, peak travel and potential risks posed by applicant’s proposed trucking schedule. Also mentioned that there should be separate MOU with Brookline regarding road repair and maintenance resulting from Onyx heavy vehicle traffic. Mike Tierny: “Mason Planning Board has no authority to talk about road degradation; the Mason Selectmen do.” Dane: Announced Mason Planning Board to start deliberations. Public comments may be allowed afterwards, time permitting. Antje: “The study is difficult to understand.” Concern for heavy vehicle traffic to be focused and this is not done. May not need a third-party review just need to “crunch the numbers.” Chris: Discussed trucks on weekdays and weekend. Heavy vehicle definition unclear. “Difficult to review the study.” Jen: Opinion that the traffic assessment from TEPP LLC is incomplete and subjective. Heavy vehicle parameters are not defined. “Are you comparing home heating or home propane truck? These trucks weigh 33,000-35,000 lbs. fully loaded. A large 5 axle highway tanker can weigh up to the federal limit of 80,000 lbs., local deliveries through Mason roads (winding and hilly terrain) rely on smaller single or tandem axle trucks. Meaningful omissions in the traffic assessment include Level of Service Analysis of intersection performance especially Route 13 and Mason Road. What is lacking is delay, cue length and road grade. There is no Pavement Impact Analysis. Heavy trucks cause disproportionate road wear. MA 119/Route 13 intersection in Townsend is mentioned but no analysis of the impact of truck trips. Secondary route is barely analyzed; no speed measurements, no data, and no crash history. No turning radius analysis especially the intersection of Rt 13 and Mason Road. Site line analysis is incomplete and uses the incorrect vehicle type, passenger car not heavy trucks therefore stopping distances are understated. The traffic assessment does not address community concerns, regarding road wear, noise and safety. These gaps need supplemental analysis by an independent third party before approval. Katie: Agrees Dane: Speaks of assumptions assessment makes and assuming of dry conditions. Discussed ambiguity of road geometry and weight. Requesting a third-party review. Discussed concerns including safety on major roads vs rural roads. “Mason roads are not like other roads.” Would like to see mitigation factors for speed, weight limits, engine brakes usage. Very concerned about noise. Truck speeds will be a selectmen decision. Recommends a third-party study. Discussed operating Monday -Friday only, no Saturdays or Sundays or Federal Holidays for trucks. Need more details regarding site line information. “There is consensus for a third-party evaluation.” Antje: Discussed general legal definition of hours of operation of a normal working hours in the United States, which is 7A.M-5P.M. Monday through Friday and no holidays for trucking. Chris: Shares concerns with increased truck traffic when children waiting for the school bus. Antje: Bus routes are set times. Chris: Requests no trucks until children are on the school bus. Jen: Agreed with no trucking on weekends to preserve rural life as in the Master Plan. Katie: Discussed posting roads in spring. “If a truck coming and the road is posted, where do trucks turn around?” Dave Morrison will inform Mason Selectboard and the Selectboard will inform Onyx. Amanda Mirifield: Discussed the 12 pieces of equipment that will be located at the excavation site. John Durkin: Discussed wheeled vehicles and track vehicles. Discussed Best Management Practices and when these are used. Dane: Discussed working together for a commonsense action plan. Katie: Inquired about fueling station. John: Durkin: Informed “will be developed as plan develops in accordance with MSHA .” Vehicles/equipment will move w the operation. Katie: Discussed public safety and signage. Antje: Engineered fueling pad. MHSA approval. Chris: “The important thing is the integrity of the pad.” The need for a Spill Plan and inspection on a regular basis. Katie: Questioned the 10-foot tree buffer on Babb Meadow Road. Antje: “Meets minimum in regulations.“ Katie: Feels 10 feet not enough. Does noise have to be addressed? Antje: “Ordinance requires the vegetative buffer.” Chris: “Minimum state standard.” Katie: Is that an appropriate buffer? Jeffrey Brem: 50-foot buffer unless it is an approving abutter. “Tom Moran owns the land next to Babb Meadow Road bordering the excavation site and wants the area to be cleared on purpose for solar panels.” Chris: Discussed road edge buffer must be 35 feet. Chris wants to make sure it is 35 feet. Dane: Dust control: Site visit was helpful. Community oriented dust control. Onyx agreed to place dust detection monitor anchored on concrete pad. John Durkin: Looked at prevailing wind patterns. The dust monitor is very specialized and expensive. Dane: Requesting more specificity of the dust monitor plan, including not exceeding Federal EPA “2.5” standards for dust emissions near site perimeter boundaries. John: Durkin: “If we have WIFI, we will be notified of a spike.” The unit is calibrated by a third party. The manufacturer of the dust monitor trains Onyx on how to use it; they provide a certificate yearly. “I can’t make a call from the excavation site, but I have a WIFI repeater.” Chris: Discussed dust monitoring. Chris reached out to the state of NH and dust monitoring is not a requirement. The state dust monitoring control is visual. “I think this is a huge step up. “ Dane: Discussed dust mitigation with water and use of toxic chemicals such as calcium chloride if water is ineffective or unavailable. Chris: Concern for trucking water in. “If this happens, it needs to meet NH drinking water standards.” Approximate usage is 4,000-6,000 gallons per day. No wells will be needed. Discussed sustainable yield estimate. Antje: Phase 3 pond, is it for dust control? Is it deep enough? Jeffrey Brem: States the Phase 3 pond is deep enough. Discussed sustainable yield. Chris: “If they run out of water, it is their problem.” Thinks 4000-6000 gal per day is accurate, with peak time, they can’t go above this estimate. Dane: Discussed possible third-party review. Chris is comfortable with the data to date but “there are other topics need to be discussed about the pond.” Current Public Hearing will go beyond 9 P.M. Dane: Is there a subcontractor for trucking? John Durkin: Subcontractors have agreement to upkeep licensure and are all subject to DOT rules. Dane: Shared safety concerns with drivers that were taken out of service and inspections. Inquired about use of engine brakes. Such brakes are cause of unacceptable noise in residential areas all along proposed trucking route. John Durkin: States he cannot agree not to use truck engine brakes for insurance reasons. “I have no problem with decreased speed limits. “ Amanda Mirifield: Discussed limiting the use of engine brakes for noise control. “Just let us know if noise is a problem with braking and we will inform trucker.” Dane: Looking to work with Onyx and supervision of truck drivers, including subcontractors. John Durkin: “We won’t allow truckers to misbehave.” Dane: Emphasized this is rural residential community. Chris: We need to give Onyx clear direction. Dane: Spoke of lower speed limits. Specifically recommending selectmen establish heavy truck speed limit. Chris: Ponds: Mason regulation 4 feet above seasonal water. Two small ponds and the large pond in phase 8 should always be above the water table. Pond in Phase 8 does not meet Mason regulations therefore a waiver is needed. Asked if there is need for a third-party review? Antje: In favor of a third-party review. Dane: Sustainable Yield calculation is important. “If we can get the applicants to request an extension and get a third-party review for an informed decision.” John Durkin: States he is concerned about length of time a hydrological geological study takes. States he is frustrated because it is considered later in the application process. Jeffrey Brem: “Borings, k values and to get an engineer to approve it will take many months.” Chris: “A review only, not a whole study. If the water level goes below, then they must shut down. “ Dane: Asked if Onyx is ok with an extension? Onyx replied yes. The Planning Board discussed remaining issues to be addressed with Onyx and agreed upon the following: Please see Document MAS PB 26-01—1524 Brookline Road Excavation: Remaining Issues Checklist (Attachment 1) Liz Fletcher: Aquifer protection ordinance needs a conditional use permit. Dane: Inquired about perimeter fencing for the site. John Durkin: Recommended no fencing. This allows anima migration. Entrance gate will be in place. Chris: Bus schedules to be provided to Onyx. Onyx may go to the selectboard for exceptions. Applicants agree for an extension for this Public Hearing to continue July 29, 2026. Dane: Motioned to extend this Public Hearing to July 29,2026 and Antje seconded. Public Comments: Katie Kramarczyk, 6 Mason Road in Brookline: Inquired about ability to speak at next public hearing on 7/29. Michael Groen: “Are they going to open the operation to the general public?” Dane explained that raw materials will be trucked from Mason to Sterling, and that the operation is not open to the public. John Durkin confirmed. Theresa Horton, Brookline: Traffic study concerns. There is more traffic when school is out for the summer and when Tevya has summer camp. Liz Fletcher: Concerned about handling of more than 55 gallons of fuel and feels as though Onyx will need a CUP with a spill plan. Will discuss at the next CC Meeting. The public hearing was closed at 10:38pm. The applicant requested a continuation to July 29th at 7:10pm. The Planning Board unanimously voted in favor. Other Business • Planning Board recommendation for NRPC Commissioners (vote) To defer to July meeting. • FEMA FIS & FIRM pending updates – in 90-day comment period. • Regulatory Changes To continue the public hearing to July Adjournment Chris made a motion to adjourn at 10:40 P.M., Antje seconded. Motion unanimously passed and the meeting adjourned. Minutes Respectfully submitted by: Jenny Scholl, Planning Board Member (Attachment 1) MAS PB 26-01 – 1524 Brookline Road Excavation: Remaining Issues Checklist □ 3rd party engineering review of Excavation Plan, Reclamation Plan, and Stormwater Management Plan, Water Yield pertaining to the 3 proposed ponds to be excavated for dust suppression water. Specifically, the request for a waiver to excavate below the water table, consistent with provisions for exceptions section 13 of the regulations. This review shall include a review of the information and work product provided by the applicant to date. Scope shall not include additional sub-surface explorations at the site. Review be limited to the supplied information adherence to the State and Local regulations and standard engineering practice. □ Traffic Study – PB to review and decide if 3rd party review is needed Independent evaluation of speed restrictions (are the posted speed limits in the primary and secondary haul route appropriate for the proposed trucking? Reviewer to consider if additional signage is required for safety. General safety to Trucking during peak hours. Review be limited to the supplied information adherence to the State and Local regulations and standard engineering practice. Accuracy of the study, appropriateness of the methodology and the data collected. □ Pavement Degradation – PB to review proposed $50,000 bond by Onyx and decide if legal review is needed. Baseline Pavement Condition should be established in MOU. □ Performance Guarantee – Onyx is proposing this as a condition of approval, and amount not less than $60,000 and format deemed acceptable to the Mason BOS. □ Dust Monitoring – Onyx has proposed condition to install dust monitoring device on eastern edge of property and provide quarterly reports to the Mason BOS. Is this sufficient to the PB? Dust control action plan to be included in the operations plan. Action levels and response to be defined for observed dust levels as monitored by the proposed plan. PM 2.5 shall be monitored for action at 35 micrograms per cubic meter. Provide plan on the methodology for monitoring by phase. □ Outstanding fees – John and Jeff missed the email communication and will pay escrow $1434 overage, as well as cut checks for $4,700 excavation escrow & $5000 escrow for 3rd party reviews. □ Trucking and Operation Schedule Monday through Friday normal business hours (7am to 3:30pm) for trucking. Trucking to avoid to the extent, possible with Elementary bus schedule. Schedules to be provided for consideration to Onyx by the Mason Planning Board. Site operations hours as provided. □ Updated EAP needed – all highlighted areas filled out, reference to Brookline Ambulance added. Onyx is proposing this as a condition of approval. Update to reflect hours in Milford, NH urgent care. Recommended routes based on care needed. Waivers □ Waiver Required to Mason Exc. Regs. Section IX.C. & buffer restoration plan for Phase 1B. Get formal approval from Mason BOS in accordance with Mason Planning Ordinance Article IV.D.2.f. - vegetation to remain as a visual barrier as BOS deems necessary. □ Waiver Required to Mason Excavation Regs. Section IX.H. – A depth of four (4) feet of original material shall remain in place above the seasonal high-water level. Proposed ponds are to be dug directly into the groundwater table. Plat Changes Needed • General locations for septic systems & wells on H-30 and H-31 be shown on the final Plan Set (using a cloud figure showing the general areas).” • Include a notation and location for tree plantings intended to be staggered Eastern White Pine trees (scientific name: Pinus Strobus) installed at 10’ – 12’ on center within the disturbed buffer of Phase 1B. These trees are native to this area. • On-site fueling plan and engineering specs for concrete slab, Typical detail to outline for means of controlling spillage to environment. Subject to revision based on review from MSHA. • Note to be added indicating that… No water from external sources to be applied for dust suppression at the site. • Note granted waivers on plan.