Appeal Unanimously Rejected: Claremont Zoning Board Votes Down Accuity’s Appeal

By Dylan Marsh
EAGLE TIMES STAFF
CLAREMONT- The City of Claremont Zoning Board of Adjustment has voted unanimously to reject Accuity Management’s appeal of an administrative decision.

The decision, made by City Planner deForest Bearse in June, said that, should American Recycling begin accepting construction and demolition materials, it would change the nature of the facility from a recycling center to a transfer station.

Jeffrey Christensen, of the Concord law firm Cleveland, Waters & Bass, represented Acuity Management at the meeting and made a point to the board that the issue comes down to the distinct definition between recycling center and transfer station. According to Christensen, the Department of Environmental Safety’s definition is not separate from solid waste, but rather a sub-category of solid waste. Therefore, as long as the 43 Industrial Boulevard location was processing and recycling fifty percent of materials, it would retain the definition of a recycling center.

American Recycling, the company located at 43 Industrial Boulevard is owned by Acuity Management and is able to operate as a recycling company due to a 1987 variance for recycling paper and metals. Later in that same year, the New Hampshire Department of Environmental Services granted a permit allowing for additional recyclable materials including newsprint, aluminum, and metal cans. Glass had already been allowed to be recycled at the location.

The city ordinance for Claremont does not contain definitions for anything other than a recycling station and, because of this, City Planner Bearse outsourced definitions from pertinent local and state organizations including the New Hampshire’s DES Solid Waste Management Bureau. Within these definitions Bearse informed Acuity that they would be required to obtain a variance to become a transfer station.

A number of not only Claremont residents, but residents of other towns, came to speak on the proposal. One of those speakers was Zoning Board member Mike Lemeuix, who had recused himself from voting on the matter. Lemieux, who owns Pine Hill Construction, spoke to the difficulty of recycling C&D materials, and also of the specific exemptions that would be required of Acuity, should they receive a permit for the space.

“I believe that deForest is accurate. Until they show us a state permit that says we have a permit in hand and now we are asking to give us a variance. I have not heard from the applicant whether or not they will ask for a special exception, and they need to have one, “Lemieux said to the board.

Jon Swan, an environmental activist with the group Save Forest Lake from Dalton, New Hampshire, spoke to long term issues he believes will occur should Acuity begin to receive and recycle C&D materials. He expressed concerns that there is a potential for Acuity to not have a profitable way to dispose of materials, and therefore would look to more local areas. Also, the waste management company Casella, has been trying to gain access to an attractive railroad system to transport their waste. With American Recycling having access to the railroad system, he fears that Casella would ultimately purchase American Recycling.

“Massachusetts has no landfill plans; they’re going to export their waste out of state. Connecticut closed down their trash to energy facilities, they’re going to export their waste out of state. Guess where it’s going to go. What’s going to happen when Ohio raises their tipping fees? It’s going to come up to Dalton, to the proposed GSL landfill,” said Swan to the board.

Community Organizer Haley Jones also spoke to the environmental, health, and safety concerns should Acuity begin accepting C&D materials stating that, “C&D is a poorly regulated and contaminated waste stream,” and that the company should respect the rights of the city in their decision to about a project that would affect the city’s economic development, quality of life, and exposure to environmental health threats.