Members Present: Members
Absent:
Paul McLaughlin,
Chairperson Alicia
Harshfield, Alternate
Bill Cookinham
Bob Yarmo
Hal Lynde, Selectmen Rep.
A
meeting of the Pelham Conservation Commission was held upstairs at the Town
Hall on Wednesday, September 20, 2000 at 7:30 p.m. The Chairperson, Paul McLaughlin, called the meeting to order at
7:44 p.m.
Map 7, Lots 153, 155, 157, 156, 166
Map 7, Lots 154, 167, 168, Economou Drive
The Chairperson, Paul
McLaughlin, explained that the board would convene downstairs at the Town Hall
to accommodate an interested abutter who was not physically able to attend in
the upstairs conference room. Mr.
McLaughlin advised the public that anyone who was similarly disabled should contact
the Board a few days in advance of a meeting and accommodations could be
arranged or prepared.
A proposal for two
buildable lots at the end of Economou Drive was presented by Joseph Maynard of
Benchmark Engineering, Inc. in Londonderry, NH and Attorney David Groff in
Pelham on behalf of their clients. It was explained that three lots (154, 167,
168) would be combined to make one large parcel, owned by David Tokanel and an
additional adjacent five lots (153, 155, 156, 157, 166) combined to create one
parcel, owned by Maria Koumides. A wetland
crossing would be necessary for the proposed common 16 foot driveway to be
constructed over an existing gravel path.
The homes, leach fields and wells for each of the two new lots would be
outside the buffer zone. A proposed
turnaround at the end of Economou Drive and cistern were noted on the plan, as
requested by the Planning Board and Fire Chief.
Bill Cookinham asked if the
proposed house located at the corner of one lot could be moved forward. Joseph Maynard responded that it was not
able to be moved as there is an approximate 6 foot hump in the lot and it would
be necessary to cut into WCD if the home were located more centrally. This was the only logical possibility for
placement. Paul McLaughlin asked about
the drainage and Mr. Maynard answered that there was a miniscule run-off from
existing construction (1970’s). Any
drainage would go to existing wetlands.
Bill Cookinham questioned the use of hay bales and silt fencing along
the driveway and Mr. Maynard said they would be placed. David Groff explained that his clients were
proposing the least restrictive access.
The Planning Board required site specific plan. The deeds will refer to the conditions and restrictions
to inform future owners. Bill Cookinham
asked for signs to be posted and Mr. Maynard agreed. Attorney Groff stated that the Fire Chief required a 16 foot
driveway from the road, narrowing to 12 feet after the division, to which
Tokanel agreed. Bob Yarmo said that a
site walk by board members would be necessary and stated his concern about
building these homes without encroaching on WCD. Bill Cookinham asked if the existing path was 16 feet wide and
Mr. Maynard replied it was 10 - 12 feet presently. Mr. Cookinham noted that the impact appeared to be on one side of
the driveway only. Joe Maynard offered
that the driveway could be pitched to one side to assist with drainage. Bob Yarmo stated that high and dry lands had
value to wetlands and asked how the wetlands would be affected if it were built
upon.
An abutter, Arthur Demers
of 8 Economou Drive, addressed the board stating that he was not against the
builder. His concern was regarding the
water; he had fought a subdivision in back of this property 7 years ago for the
same reason. Mr. Demers explained that
construction in that area had resulted in the cost of a $6500 artesian well on
his own property. He would like to see
a pipeline put in across the driveway to help
with drainage and water
problems. Another abutter, James Cosgro
of 5 Economou Drive, was present to express the same concerns. Mr. Demers also remarked that he believed
the 50 foot turnaround shown on plan was within wetland area and asked board
members to view that on the site walk.
The Chairperson stated that a site walk would take place on the coming
Saturday. He added that the present
developer could
not be held responsible for
any earlier development problems but that the concerns stated needed to be
addressed.
David Tokanel said he
planned to set the foundations for the homes on top of the ground. Bob Yarmo said that a study of water
drainage, rate and quantity may be needed.
Joe Maynard questioned whether that was needed only in new subdivisions
but Mr. Yarmo said the same situation applied.
Mr. Maynard said that the only solution then might be a detention
pond. Bill Cookinham reiterated that he
would like to see the house set in the corner moved. Attorney Groff answered that the Conservation Commission had no
jurisdiction over that. He said the
only reason his clients were before the board was to obtain approval on the
wetland crossing at the driveway. Town
zoning requirements have been met. Hal
Lynde said that there were two differing opinions and suggested a site walk be
completed as the first step. He further
suggested that the involved parties speak with Don Foss, Highway Dept., who had
been working in the area.
The meeting reconvened at
8:32 p.m. upstairs and the Chairperson asked Attorney Groff to summarize the
discussion that had taken place downstairs.
He asked that nothing new be added at this time. David Groff explained that he represented
both applicants who sought to combine lots and create two adjacent buildable
house lots on Economou Drive. He
explained that they sought a waiver on WCD driveway crossing and reiterated
that the plan had been presented to the Planning Board and all zoning
requirements had been met. There would
be no change in existing drainage. Mr.
Groff stated that a site walk would take place as agreed by the board
members. Board members repeated some of
their questions and concerns discussed earlier. Hal Lynde questioned whether driveway could be reconfigured since
it was not centered in the less than 100 foot span of land shown on plan. Bill Cookinham said he would like to know if
a pipe existed on Theodore Drive in that area.
The Chairperson stated that the applicants should take great care not to
worsen the existing water conditions in that area which was the concern of the
abutters present.
Map 4, Lot 137-5, Mammoth Road
Valley Hill Land Development, LLC
Peter Zohdi of Edward
Herbert Surveyors in Windham, NH presented before the board. Mr. Zohdi stated that the plan had been
previously presented to the Conservation Commission and that board members Paul
McLaughlin and Bob Yarmo had walked the site on more than one occasion. The plan went before the Planning Board
earlier in the week and three options were given: (1) Bring road up to connect with Holstein Drive; (2) original
plan showing new road off Mammoth connecting with extension of Longview Drive;
(3) place cul-de-sacs at end of Longview Drive extension and new road. Mr. Zohdi asked for input from the board on
which alternative was preferred and stated that wetland crossings would be requested
accordingly. An environmental impact
study has been presented. Planning
Board will be doing a site walk this Saturday on this proposed 30 lot, 80 acre
subdivision.
Mr. Zohdi explained that on
the second plan (referred to as Plan B), a new road would connect to Holstein
Drive and a cul-de-sac would be placed at the end of Longview Drive
extension. There would be no impact to
wetland area except for a temporary water line (cut of 18-20 feet width, 5 feet
depth) needed to extend from new road over wetlands up to cul-de-sac at
Longview. Water line was needed to put
in community water supply from Pennichuck Water Co. Mr. Zohdi added that the cul-de-sac at the end of Longview would
eventually be a connected road. Paul
McLaughlin asked what the board would object to with the first plan in Mr.
Zohdi’s opinion. Peter answered that a
large wetland area would be impacted with the first plan (referred to as Plan
A). Bob Yarmo said it seemed obvious
that the minimal impact would be seen with Plan B and that the Planning Board
concerns would be met. Mr. Zohdi stated
that the owner had no objections
to Plan B. Mr. Yarmo suggested the board send a letter
of recommendation for Plan B but added that a new lot configuration would be
needed. Peter Zohdi stated that there
would be one lot having wetland impact at the point of driveway crossing. Bob Yarmo questioned the term temporary in
regards to water line and Mr. Zohdi explained that the line would be permanent
but wetlands could be restored. He
added that if the board did not agree to water line, wells could be placed on
the lots but that the developer would like to bring community water to the new
subdivision. Paul McLaughlin asked that
precautions be taken for erosion
control should the water
line be brought through wetland area.
Mr. Zohdi said he can present the details to the board at a later date
as to how it would be done. Bill
Cookinham concurred that Plan B was the best option. Peter Zohdi again stated that Planning would walk the site and
that a traffic study would be done.
Alicia Hennessey of 71
Dutton Road, a former board member in the public audience, asked Peter Zohdi to
point out the trail that the developer agreed to give to the Town. Peter did so and stated that the Planning
Board had asked whether a gravel parking area could be placed at the base of
this property, across from Muldoon Park.
An assessment will be given to the Conservation Commission. The trails would be specified as walking trails
only (no ORV’s allowed). Another
resident, Paul Steck of 146 Jeremy Hill Road, asked the board whether a blanket
approval was in place if they recommended Plan B or whether concerns would be
noted. Paul McLaughlin answered that it
would not be a blanket approval. The
Town wants connecting roads which is why Plan A was developed originally but a
substantial wetland area would be impacted which could be avoided with Plan
B.
Bill Cookinham asked how
many lots would be on the road connecting to Holstein Drive and Mr. Zohdi
answered 12. Bob Yarmo stated that
there were a lot of other issues to be addressed and that the board was
presently recommending which plan was preferred for road lay-out. Peter Zohdi said he understood and would be
presenting before the board again. He
explained that adjacent to this property was the Hinds property which his
surveyors were now working on. Longview
Drive cul-de-sac would eventually connect to Valley View Road.
A Motion was made by Bill Cookinham to recommend
Plan B to the Planning
Board. The
motion was seconded by Bob Yarmo. All
in favor: Paul
McLaughlin, Bill Cookinham, Bob Yarmo. Vote: 3-0-0. The motion is passed.
Peter Zohdi marked each
plan in blue, one with the letter “A” and the second plan being recommended
with the letter “B” and asked the Chairperson to sign the plans for identification
and clarification. Paul McLaughlin
signed both plans and asked the secretary to send the letter of recommendation
to Planning.
Hal Lynde asked Jim Gove of
Gove Environmental Services in Exeter, New Hampshire which plan he viewed as
having less impact to wetlands. Jim
Gove stated that the environmental impact study presented at the last
Conservation meeting was done by a consultant from Turtle Pond Enterprises,
Kathleen Surowiec. He added that Gove
Environmental supported her study. Mr.
Gove said that Plan B avoided wet areas as well as the need to cut through
steep slope area to Longview Drive extension.
Plan B has a shorter length of road and no steep cut so it was
preferred. There was less erosion
potential.
Map 6, Lot 4-140 and Lot 4-140-3, Old Orchard Estates
Mountain Orchard Development, LLC
Peter Zohdi of Edward
Herbert Surveyors in Windham, New Hampshire presented to the board a proposed
subdivision plan. Mr. Zohdi stated that
Paul McLaughlin and Bob Yarmo had walked the site with him last week and that
the board had been given copies of the plan.
He noted that there appeared to be no major concern from the board and
that the applicant would be asking for a few driveway crossings at Lots 15, 14
and 13. The road goes through WCD but
there is no other choice for placement.
These driveways could be
bridged and not go through
wetland but the road cannot be moved due to grading and grade. This subdivision proposes 35 lots to be
developed over a four year period (10 per year allowed by Town).
Paul McLaughlin stated his
concern about drainage to properties off site and any potential change in
adequate water supplies for their wells.
He also noted a concern regarding the crossing of streams. Peter Zohdi responded that there would be
underground drainage and stated that he believed abutters would be glad to
experience less water. He stated that
adjustments could be made on the amount of drainage, keeping it the same as
prior to development. A detention pond
and treatment swale will be added at base of
development. Bob Yarmo notes his concern that water flow
to wetland will be changed. Peter Zohdi
states that this can be corrected and that a drainage study had been done. Wetlands on site will not have any change in
drainage. Bob Yarmo states further
concern about drainage from this site going into Prime wetland area. Mr. Zohdi suggests that Bob request Dr.
Richardson from the Wetland Bureau in Concord view the site regarding any
adjacency issue. He adds that there was
no adjacency issue with existing homes in the area. Peter explains that the purpose of the detention pond is to keep
pre- and post- development drainage the same.
There would be a culvert under the road just above location of detention
pond. Mr. Zohdi offered to send Bob
Yarmo a copy of the drainage study.
Hal Lynde addressed Peter
Zohdi about what the board was being asked to do tonight. Mr. Zohdi stated that he was seeking
approval of plan but could return to board after drainage study was reviewed. Bob Yarmo asked Peter to point out the
driveway crossings on the plan again.
Mr. Zohdi complied and stated that the first driveway at Lot 15 could be
reconfigured but the second one at Lot 14 could not be. There would be no effect at Lot 13 but the
road crosses WCD. Hal Lynde pointed out
that there would be no impact to Lots 15 and 14 if they were not
developed. Peter agreed but said that
the least minimal impact was being proposed.
Bob Yarmo said that during the site walk, he saw no way to move
roadway. He asked if WCD was encroached
by road, how is adequate protection given.
Peter Zohdi responded that he would look at it again, speak with Jim
Gove, and come back with proposal.
Jim Gove said he needed to
view the area further but that typically buffer plantings would be placed to
make the area as dense as possible in order that wildlife have no visual to
development, noting that noise was not as great an issue. Bob Yarmo says that without a buffer, the
wetland is useless and Mr. Gove responds that the functional value is
reduced. Hal Lynde asks if there would
be more water flow to wetlands with 35 lots being developed. Peter Zohdi answers that this is calculated
and is the reason for the detention pond.
Hal asks if that is assessed as part of the development process and
Peter answers yes. The flow rate is
reduced by 4 - 5 treatment swales and the quantity of water is handled by the
detention pond. The drainage study takes
all of that into consideration.
Hal Lynde asks what the
impact of these large developments would be on the other side of Jeremy
Hill where considerable wildlife
exists. Jim Gove answers that any time
there is a development certain species will move out, others will adapt and new
ones will come in. He states that this
is a diverse wildlife habitat area due to existing apple orchard, such as deer
and moose. The reality is that much
will change but buffers help as well as lessening any cuts into steep slopes. Bob Yarmo asks whether the board should be
looking at all three developments together for one master environmental impact
study. Peter Zohdi responds that there
are three different developers involved in three separate but adjacent
subdivisions. Jim Gove says that a
master report might be done eventually but that it must be done in sections
now. Hal Lynde asks for clarification
and identification of roads on plan and Mr. Zohdi complies. Mr. Steck, from Jeremy Hill Road, asks if
driveways or roads are in wetland areas.
Bob Yarmo answers both. Mr.
Steck asks why it was designed that way originally. Peter Zohdi answers that when roads are developed, geometric
lines are sought and we look for minimum impact to lay road. This is the least minimum impact.
Bob Yarmo comments that two
major developments next to Jeremy Hill forest were presented tonight and Hinds
property is located in the middle. He
reiterates that he would like a master environmental report and Peter Zohdi
answers that he is not prepared to do that.
Separate environmental reports have been completed and complying with a
request for a master report would delay matters at least five months. Bob Yarmo
states that he believes it
is worth requesting cooperation of three developers for this report to provide
a wildlife corridor to Jeremy Hill forest.
Peter Zohdi states that the forest is not very close to these
developments. He respectfully declines
this request, adding that it will delay two developers. Bob Yarmo persists, stating that there are
Prime wetlands involved as well as the forest and that one preliminary master
report should be done. Mr. Zohdi
answers no again. Paul McLaughlin
states that when questions are raised by the members of this board, we would
like these concerns addressed. Peter
explains that these three developers are not friendly and will not agree. He adds that his clients did what they were
suppose to do and board can choose to deny project. Bob Yarmo offers to act as intermediary and Peter offers to give
him
the phone numbers of the
developers to which Mr. Yarmo agrees.
Hal Lynde suggests that perhaps the Town should require some assessment
of this situation. He states that there
are legitimate concerns with something this large.
Paul McLaughlin states that
these two developers whose plans are presented at this meeting have a common
goal for their plans to be approved by this board so they can move
forward. They can find a way to agree
on the request made given their mutual interest; namely, money. The Chairperson comments that no action will
be taken on this plan tonight and that the board had previously agreed to not
begin any new hearings after 10 p.m. He
asks whether the last hearing on the agenda could be heard at next
meeting. A short discussion of that
property followed:
Map 8, Lot 27, off Old Gage Hill Rd.
Gaudet Property
A site walk of this
property was made by Peter Zohdi and two board members, Paul McLaughlin and Bob
Yarmo, last Saturday. Peter Zohdi says
that he advised his client not to touch the property with respect to any clean-up
and added that they would be happy to clean the area under the supervision of
any board members. Mr. McLaughlin and
Mr. Yarmo explain that there was much debris on the property, including a hole
where a Volkswagen may be buried and that there is a question of soil
contamination from other materials. Hal
Lynde will contact the Health Inspector, Roland Soucy, the following day and
ask him to walk the site and give his recommendations. Bob Yarmo says he would like Jim Gove to
view the property and make recommendations as well. Peter says he will request this of Jim Gove (not present). Mr. Zohdi asks if a clean-up should begin or
wait for a vote from this board. Hal
Lynde responds that it is beyond the scope of the Conservation Commission to
determine if wetlands are contaminated.
Bob Yarmo agrees adding that is why Mr. Gove and Mr. Soucy’s input is
necessary. Mr. Yarmo will email Hal his
concerns and observations gathered on the site walk.
Final Discussions:
Paul McLaughlin states that
he would like to review and approve minutes as first order of business on the
October 11, 2000 meeting and the board agrees.
Bob Yarmo asks Hal Lynde to address the letter written by Yarde Metals
at an earlier date, accusing the Conservation Commission of extortion. Hal answers that he will try to have that
done by the week-end. Peter Zohdi asks
to have Gaudet property, Valley Hill and Mountain Orchard placed first on the
next agenda and the Chairperson agrees.
There being no further business to come before the board:
A Motion was made by Bill Cookinham to adjourn. The motion was
seconded by Bob Yarmo. All in favor. Vote is
3-0-0. The motion
is passed.
The meeting was adjourned
at 10:50 p.m.
Transcribed by,
Kathleen A. Carr,
Recording Secretary Approved: