July 19, 1999


The Chairman called the meeting to order at 7:30 pm.


The Clerk called the roll:


PRESENT:       Jeff Gowan, Paddy Culbert, Clark Harris, Roger Montbleau, John CaraDonna, Alternate Peter Fisher, Alternate Henry DeLuca, Interim Planning Director Vincent Messina


ABSENT:        Selectmen’s Representative Greg Farris, Michael Soby, Alternate Carl Huether


The Chairman announced that Mr. Fisher would be voting for Mr. Montbleau and Mr. DeLuca would be voting for Mr. Soby.





ML 007-232 – Hayes, William/Hickory Hill Road – Proposed Subdivision


The Clerk read aloud the list of abutters.


Mr. William Hayes, Pinewood Drive, appeared before the board representing Judith Hayes, to present the subdivision plan for ML 7-232.  Mr. Hayes explained that this is a 6.67 acre parcel has 235 ft. of frontage on Pinewood Drive and 50 ft. of frontage on Hickory Hill Road.  Ms. Hayes proposes to give a 2.39 acre lot to her daughter and son in law in order for them to construct a single family home.  On May 10, 1999, the Board of Adjustment granted the applicant a variance for short frontage on Hickory Hill Road.


The HISS was completed by Mary Gospadarek on June 4, 1999.  She found that this lot contained mostly Canton Soils, which were described as well drained and moderately well drained.  A report has been submitted to the file.  Test pits were dug and perc tests conducted in the presence of the Town Health Agent. A perc rate of 1 inch in 6 minutes was determined.  The proposed lot will be at least 230% larger than required by the Health and Subdivision Regulations.  The lot shape is almost a perfect square.  Mr. Hayes stated that a copy of the State subdivision approval has been submitted to the file.  A septic system design has been submitted to the State for approval and has been approved by the Pelham Health Agent.  All abutting properties have been surveyed and plans are on file showing no conflict with abutters.  The driveway access is from Hickory Hill Road and was designed by the developers of Mountain Laurel Estates.  It was designed to service either a connecting street between Mount Laurel Estates and Jewel Estates or as a four lot cu de sac that ended on the applicant’s property.  Mr. Hayes believes that the design criteria for this right of way far exceeds the requirements for a single family driveway.  The utilities will be brought in underground and will meet all applicable requirements.  The front setback of the proposed house will be 90 ft. – three times the required setback.  The side and rear setbacks will be at least 105 ft. – seven times what is required.


(Mr. Montbleau arrived at 7:45 pm)


Mr. Hayes explained that prior to the BOA hearing, he and his daughter visited each of the abutting homes and all nineteen owners signed notices of no objection, the originals of which are on file with the Planning Department. 


Mr. Peter Zohdi, Herbert Associates, appeared before the board and explained that both lots comply with all subdivision and zoning regulations.  The site specific soils mapping was completed by Mary Gospadarek.  The BOA granted a variance to the applicant for short frontage on Hickory Hill Road.  The driveway for the proposed home will come from Hickory Hill Road as shown on the plan.  Mr. Hayes lives in the existing house on the lot with frontage on Pinewood Drive. 


Mr. Zohdi requested that the board consider accepting and approving this simple subdivision in one night. 


Mr. Culbert asked if this lot was intended for a single family home.  Mr. Zohdi explained that this plan is for a single family, four bedroom home.  If the applicant wishes to do anything else with the property, they will have to return to the Planning Board for approval.


Mr. Gowan asked for clarification on the right of way.  Mr. Zohdi deferred to Attorney Philip Currier regarding the right of way.  Mr. Philip Currier, representing Rolling Ridge Development, explained that this right of way was left by the developer as an open access to the larger abutting parcel.  Rolling Ridge Development owns the right of way and is willing to grant an easement to the owner if the town has no objections.  It has been shown as a dedicated right of way and the town does have some rights to it. 


MOTION:  (Culbert/Fisher)  To accept the plan for consideration. 


VOTE:  6 – 0 – 0  The motion carries.


Mr. Culbert stated that this is a simple two lot subdivision, which has been well documented and presented.  He recommended that the board consider approving this plan tonight.  Mr. Harris agreed. 


MOTION:  (Culbert/Fisher)  To approve the plan.


VOTE:  6 – 0 – 0   The motion carries.


MOTION:  (Culbert/Fisher)  To accept for consideration a waiver request to reduce the subdivision fees from $1,000 to $300.


VOTE:  6 – 0 – 0  The motion carries.


MOTION:  (Culbert/Fisher)  To approve the waiver request for a reduction in subdivision fees from $1,000 to $300.


VOTE:  6 – 0 – 0  The motion carries.



The Chairman announced that Mr. Fisher would now be voting for Mr. Soby.




ML 005-107-002 – Mackey, J. & Acquerulo, L./42 Dick Tracy Drive – Proposed Site Plan


This hearing was withdrawn from the agenda and rescheduled for the August 2, 1999 board meeting.



ML 013-037 – Harris, George/Kopers Lane – Phase II - Proposed Subdivision Plan


The Clerk read aloud the list of abutters.


Mr. Peter Zohdi, Herbert Associates, appeared before the board to present Phase II of the subdivision plan for ML 13-37.  Mr. Zohdi explained that this is a proposed 11 lot subdivision of ML 13-37-15.  A few years ago, the Planning Board approved a subdivision plan that included an extension of the cul de sac on Kopers Lane to Youngs Crossing Road.  The road has been completed to Youngs Crossing Road and many of the original lots of Phase I are under construction.  Mr. Zohdi stated that he walked this site with the previous Planning Director approximately three months ago.  He also walked the site with Mr. Messina about three weeks ago.  The applicant is proposing approximately 1,300 ft. of new roadway.  Phase III will be brought to the board by the end of the year. 


The soils were completed by Gove Environmental.  All lots comply with zoning and subdivision regulations.  The plans have been preliminarily reviewed by Mr. Messina and CLD.  The applicant is willing to comply with all requests and requirements made by CLD. 


Mr. Zohdi explained that the proposed roadway would end in a cul de sac.  The road will begin with a 2.25 slope for a distance of approximately 200 ft.  This will provide a 100 ft, flat area for the vertical curve.  Then the road will go to 8% slope to 2.6%, coming back to 4% and ending at 6% at the cul de sac..  All catchbasin and manhole requirements have been met.   They will be making a request for a waiver to this requirement.  The majority of the centerline of the road has been cut.  Mr. Zohdi explained that when the first phase of this subdivision came before the board, there was approximately 35,000 yards of material that needed to be stockpiled for the construction of the road.  Permission was granted by the previous Planning Director, John Tucker, to stockpile the material.  Mr. Zohdi explained that a decision was made on the site to extend the existing pipe about 350 ft. to a treatment swale.   A heavy rainfall occurred last year and there was flooding onto abutting properties.  This drainage will be picked up and run to a catchbasin and the runoff will be moved away from the existing lots to a treatment swale and detention pond.  The drainage study will be submitted to CLD for review and comment.  Mr. Zohdi noted that pre and post development drainage would be the same. 


Mr. Messina expressed concern with the odd shaped lots at the end of the proposed cul de sac.  He explained that the site was assessed for other options for access via Old Gage Hill Road and Youngs Crossing Road.  Site distance was a problem with access to Old Gage Hill Road.  The residual lot, ML 13-37, has not been bounded and Mr. Messina assumes that a waiver will be requested.  Mr. Zohdi explained that this boundary was approved by the board when the lotline was approved.  The applicant will not be requesting a waiver.  Mr. Zohdi stated that the lots are not odd shaped and he believes that these lots are very square.  He noted that some of the lots exceed the regulations by 200%. 


Mr. CaraDonna asked for clarification on the location of the detention area.  Mr. Zohdi located the detention area and noted that it is the best location and will require the least amount of maintenance by the town. 


Mr. Harris asked why this road was not extended and connected.  Mr. Zohdi explained that the site distance is not adequate at that location.  Mr. Messina will verify this for the board.


Mr. Montbleau asked what the length of the road would be.  Mr. Zohdi stated that the length of roadway to the end of the cul de sac is 1,500 ft. 


Mr. James Gove, Gove Environmental, appeared before the board.  Mr. Gove stated that he has not completed a formal, environmental impact assessment on this property.  He submitted his notes to the file.  Mr. Gove stated that they have done site specific soil mapping on this parcel.  The geology of the parcel is dense and loose glacial till which slopes down in a westerly and southwesterly direction.  Two vegetative swales have been located and determined to be non-jurisdictional per a site walk with the Department of Environmental Services.  The vegetation is forested with the exception that the roadway has been cleared.  The forested area to the east of the road is a mix of white pine and red oak.  The forested area to the west of the parcel is a mix of white pine and hemlock with a dense understory.


A detailed analysis of the wildlife in the area has not been completed.  Mr. Gove observed very heavy deer usage and recommended that a no cut zone be established in the western portion of the parcel to protect the wildlife.   Mr. Gove suggested that a 100 ft. no cut zone be established to protect the area but he expects that some of the upland forest habitat will be lost after the site is developed.  Mr. Gove stated that no wetlands, ledge or steep slopes were observed on the site.


Mr. Gove asked for direction from the board regarding the environmental impact assessment to be done. 


Mr. Gowan asked that Mr. Gove make recommendations to the board relative to a wildlife corridor on this parcel in order to allow some of the wildlife usage to continue.  Mr. Zohdi stated that a 100 ft. no cut zone could be established to protect this area.  Mr. Gove explained that a 100 ft. no cut zone is still not a guarantee that the wildlife will be protected.  He would like to see as much of a no cut zone provided on each of lots as possible. 




Mr. David Reidy, 15 Youngs Crossing Road, asked for clarification on the plans for drainage of the silt.  He explained that the stockpile of material on this site has washed the silt down onto the rear and side portion of his yard.  This parcel slopes down toward his property and Mr. Reidy is concerned with continued runoff of silt onto his property.  The trees and vegetation have been covered up to six inches with silt in some places and is beginning to die off.  He expressed concern for the re-vegetation of this area in the future.  Mr. Zohdi agreed that there is a current problem with runoff in this area.  He explained that this problem would be fixed when the new drainage is constructed.  Mr. Zohdi explained that the developer has been very cooperative and worked with Mr. Reidy to alleviate the runoff onto his property.  Silt fencing has been installed and the excavator was brought in to help.


Mr. Zohdi explained that the large stockpile of fill would be moved as soon as this project is approved and the new roadway has begun construction.  The current drainage will be moved to the proposed roadway away from Mr. Reidy’s property and contained.


Mr. Reidy expressed concern with silt buildup in the catchbasin that runs under Youngs Crossing Road.  Mr. Zohdi explained that this area would be cleaned up toward the end of the construction project.  He noted that Mr. Reidy’s problem was addressed when it was brought to the developer’s attention. 


Mr. Gove explained that this area would not be able to be completely cleaned up as it is quite spread out.  He recommended that they allow nature to take its course and re-vegetate.  Mr. Gove does not believe that heavy equipment should be brought in.  Mr. Zohdi offered to clean up the disturbed area and correct the problem with supervision by the Planning Director.  Mr. Culbert suggested that Mr. Messina, Mr. Gove and Mr. Zohdi meet with the abutter to discuss reclamation of this disturbed area. 


Ms. Lisa Hanson, 13 Youngs Crossing Road, expressed concern that an appropriate privacy buffer be allowed between the proposed new homes and the existing homes on Youngs Crossing Road.  Mr. Zohdi explained that a 100 ft. no cut buffer zone would be provided to the rear of the proposed new homes to allow for privacy.  Ms. Hanson expressed concern with the buildup of the proposed roadway in order to construct the new homes.  Mr. Zohdi explained that the area is relatively flat and not much fill will be necessary.  He further noted that the drainage calculations and study will be reviewed and commented on by CLD. 


Mr. Gowan noted that a site walk would be scheduled and that abutters are invited to attend and offer their input.


Mr. David Sitler, Kopers Lane, referred to Phase III of this project, and questioned whether or not the board could assure him that a 50 ft buffer zone would be required for his privacy.  Mr. Zohdi explained that he could put up another plan for Phase III and show that there is adequate room for a 50 ft. buffer.  Mr. Culbert questioned whether or not the board should be discussing Phase III when it has not been properly noticed. 


Mr. CaraDonna asked if provisions had been made to interconnect these roads.  Mr. Zohdi suggested that connecting roads be discussed at the site walk.  He does not believe that a connection is feasible in this area due to steep slope.  Mr. Zohdi also feels that the town does not want to maintain an additional 400 ft. of roadway. 


Mr. Culbert stated that he is an advocate of cul de sacs and feels that they make a nice neighborhood.  He stated that the Fire Chief does not have any concerns relative to cul de sacs.  Mr. Gowan does not agree and suggested that the board invite the Fire Chief in to comment further on the length of cul de sacs. 


Mr. Zohdi explained that, according to the new regulations, the Fire Chief has the authority to request that a water supply (cistern) or sprinkler systems be installed prior to a certificate of occupancy being issued.  Mr. CaraDonna stated that it is a matter of water supply and arrival time. 


MOTION:  (Montbleau/Culbert)  To accept the plan for consideration.


VOTE:  6 – 0 – 0   The motion carries.


MOTION:  (Montbleau/Fisher)  To accept for consideration the waiver request for 1) to allow asphalt curbing in lieu of granite curbing; 2) to allow a cul de sac length greater than 560 feet; and 3) to eliminate the requirement for each catch basin to drain to a drain manhole.


VOTE:  6 – 0 – 0  The motion carries.


Mr. Harris requested that the board have copies for review prior to the site walk of the environmental impact study, a plan for restoration of the degraded abutting area and the analysis of the wildlife corridor.  Mr. Gove could not guarantee that the Natural Heritage Inventory would have a response by the site walk.  Mr. Culbert asked that CLD review this plan and provide input prior to the next meeting.


This plan was date specified to the August 2, 1999 board meeting.


Mr. Messina asked for clarification on a traffic study.  Mr. Zohdi explained that a traffic study or letter of opinion would have to be requested by the town. 


A site walk of ML 13-37-15 will be conducted on Saturday, July 31, 1999 at 7:00 am. 



ML 12-211 – David Mendes/Harley Road – Administrative Approval


Mr. Messina explained that Mr. Zohdi came in to have these plans signed.  After some investigation, it was found that the original plan was not approved by the Planning Board for Mr. Basinas.  The road has been constructed and Phase II/Matthew Drive is scheduled to be completed.  Mr. Messina suggested that the board take an administrative action under the subdivision regulations and formally approve this plan.  He explained that the plan was conditionally approved by the board in 1996 under Mr. Basinas’ ownership.  The property was conveyed to Mr. Mendes in 1998.  Mr. Messina believes that these plans should have been re-submitted and approved by the board. 


Mr. Zohdi has no objection to Mr. Messina’s suggestion.  Mr. Harris explained that there was a problem with the Wetlands Board and the original plan.  Mr. Basinas needed approval from the Wetlands Board and WSPCC approval.  Mr. Zohdi explained that the WSPCC approval was granted by the State and the Wetlands Board needed additional information on the parcel.  They wanted a soils scientist to conduct a fish and game modification for the plan.  Gove Environmental was hired at that time, completed the work and sent it to the NH Wetlands Board.  Wetlands Board approval was received and the plans are in the Planning Department. 


Mr. Culbert does not feel that the board needs to approve this plan again.  Mr. Gowan and Mr. Harris agreed.  Mr. Messina explained that he can only judge this plan by what is provided in the documentation.  In his opinion, the time has lapsed for the conditional approval.  He feels it is administrative and as such, should go on the record as being approved. 


It was the consensus of the board that the approval was given subject to Wetlands Board and WSPCC approval.






     ML 007-169 – Michael Kazanjian/Michelle Avenue Extension – Request for Bond Release



Mr. Messina explained that this is a request for a final bond release of $1,500 for the Michelle Avenue Extension.  The $1,500 was held to allow this road to “winter over” as recommended by CLD.  David Brouillet, CLD, reported that the town and CLD have been working with the developer to bring this road to town specifications.  It was substandard and required quite a bit of reconstruction.  The work has been completed and the road survived the winter successfully.  A final report will be submitted to the file. 


     MOTION:  (Culbert/Fisher)  To release the total bond on ML 007-169/Michelle Avenue Extension. 


     VOTE:  6 – 0 – 0  The motion carries.




     ML 006-185 – Thomas Mahoney/Irene Drive/100 Acre Woods – Request for Bond Release



     Mr. Messina explained that this is a request for a partial bond release of  on ML 6-185.  The estimate for completion is $111,550.  Based on CLD’s recommendation, $62,000 should be held for completion of this road.  Mr. David Brouillet, CLD, reported that the road is complete to the binder course.  Most of the swales are installed.  The suggested remainder amount for this bond will cover the final wearing course of the road, stone bounds for each lot and a residual amount.


Mr. CaraDonna asked if this amount will cover the installation of guard rails on the bridges.  Mr. Robert Mahoney, developer, explained that they are awaiting word from Road Agent, Don Foss, regarding the guard rail installation.  Mr. Brouillet stated that there is sufficient money being held to cover this cost. 


     MOTION:  (Culbert/Harris)  To release all but $62,000 of the bond being held on ML 006-185/Irene Drive.


     VOTE:  6 – 0 – 0  The motion carries.







Mr. Culbert reported that the Granite Curbing/Drainage Sub-committee has conducted one meeting.  CLD has been asked to provide the committee with an outline of parameters where curbing is recommended.  At the next meeting, they will discuss different types of curbing.  Mr. Messina stated that he had discussed the scope of work with CLD and recommended that it be broken into at least three parts in order to more closely parallel the board’s requirements. 




MINUTES REVIEW – June 21, 1999


MOTION:  (Harris/DeLuca)   To accept the minutes of the June 21, 1999 board meeting as read.


VOTE:  3 – 0 – 2 with Mr. Harris and Mr. Montbleau abstaining.  The motion carries.










MOTION:   (Montbleau/Harris)  To adjourn the meeting.


VOTE:  6– 0 – 0   The motion carries.


The meeting was adjourned at  9:45 pm.


                                                                                    Respectfully submitted,


                                                                                    Susan J. Tesch

                                                                                    Recording Secretary