PLANNING BOARD MEETING
TOWN HALL
PELHAM, NH
The meeting was called to order at 7:30 p.m.
PRESENT: Jeff Gowan, Paddy Culbert, Victor Danevich, Michael Soby, Henry DeLuca, Bill Scanzani, Alternate Doris Cvinar, Alternate Gail Ouellette, Selectmen’s Representative Deb Casey, Planning Director Vince Messina
ABSENT: Alternate Carl Huether, Alternate Richard Foote, Alternate Peter
McNamara
ELECTION OF
OFFICERS
Victor Danevich - Chairman
Bill Scanzani - Secretary
ML 6-129-1
- TeleCorp Realty LLC/60 Pulpit Rock Road
– Conditional Use Permit and Site
Plan Review for construction of a wireless communications tower for approval
Presenter: Kenneth J.
Kozyra, Site Acquisition, WFI, 10 Tara Blvd, Suite 500, Nashua NH 03062
Here to propose a 150 foot wireless communication facility. Facility being proposed will be located at
the rear of the property behind the existing industrial structure, a
manufacturing facility, enclosed in a 50 x 50 compound, fenced in with
landscaping around it. The antennas
will be mounted at the top of the pole.
There will also be three radio cabinets and room for a fourth in the
compound at the base, which will provide the communications equipment for the
facility located just inside the gate.
Pole will be built to hold an additional four communication carriers to
co-locate on the facility. Currently
have interest for one other telecommunications company to locate on the
facility, however, they have not formalized their application at this point.
They are here tonight to receive approval for this facility. What this facility
will do is to increase coverage within the Town of Pelham to cover the center,
the north and the south portions of Rte. 38, the majority of the south of Pelham,
and a little bit into Massachusetts over on to Rte. 111 and the southeastern
portions of Pelham. Mr. Kozyra displayed a map that shows TeleCorp’s facilities
within a five-mile radius of the Town of Pelham. The majority of facilities are
located to the west, north and northeast.
TeleCorp does not have a license to operate in the State of
Massachusetts even though signal carries over to Massachusetts. Asked for waiver based on this from the
requirement under the ordinance to provide inventory of all telecommunication
facilities and towers within five miles of the borders of the Town of
Pelham. The waiver is being requested
due to intense money that would have to be spent and labor that would have to
be expended to inventory the huge area of southern New Hampshire and
Massachusetts.
PUBLIC INPUT:
None
MOTION: (Scanzani/Gowan) To approve
the plan subject to an up to date inventory list being made available to the
Board and that a plan clearly shows the utilities are underground.
VOTE: 5 – 0 – 1 with Mr. Soby
abstaining. The motion carries.
This is an existing 11.28-acre parcel of land located on the south
westerly side of Willow Street, currently zoned residential, single family,
minimum lot size is 1 acre, lot frontage is 200 feet, the side yard and rear
yard distances are 15 feet, the front yard set back is 30 feet but in the WCD
is a 50 foot offset. Existing property
has wetland area, currently wooded, has an existing mobile home on the property
with an existing shed, and an open field in the back of the property where
house will be located. The property is
not located in flood plane. The project
proposal is for two lots, the first lot being 1.4 acres that will serve the
existing dwelling and the shed on that property and the second one is 10.14
acres which will serve the proposed dwelling.
On the northerly side of the boundary line that serves the proposed
dwelling will be the driveway access and there will be a driveway crossing in
that wetland which will be culvert. The
lot will be serviced by individual well and septic systems.
Chairman, Conservation
Commission stated that a dredge and fill permit is needed.
PUBLIC INPUT:
Bob Yarmo, 21 Bush Hill
Road, Member, Conservation Commission
Requested a full presentation re: the dredge and fill be made to the
Conservation Commission.
Motion made to accept the plan for consideration providing the following items
on the laundry list are complied with: appearing in front of Conservation for a
formal presentation re: dredge and fill and wildlife as noted by Mr. Gove for
further study, State dredge and fill permit, the study we talked about,
completing the checklist, re-verify the current plans for site specific septic,
inclusion set back boundaries, minimum square footage, and site specific for
driveways and housing envelope; second made by Paddy Culbert
VOTE: 6
- 1 – 0 With Mike Soby voting no. The motion carries.
Map 12 Lot 223-2 George III
& John Harris – Ledge Road – Proposed 4 Lot Subdivision for approval
Presenter: Peter Zohdi
At the last site walk we checked the site distances for driveway
location. We have all necessary
approvals. Looking for approval of the
plan at tonight’s meeting. Discussion
among Board members and Mr. Zohdi on the merits of either moving the existing
stone wall or rebuilding it.
There was no public input.
MOTION: (Gowan/Scanzani) To approve
the plan as amended.
VOTE: 7 – 0 – 0 The motion carries.
Map 12-203 Frederick &
Suzanne Schlapp – Mulberry Wood Estates – Shephard Road – Proposed 20 lot
Subdivision for approval
Presenter#1: Peter Zohdi
Described second site walk. The
first site walk, could not find the centerline the road was taking. The second time we had the opportunity to
visit the site. We met with
Conservation Commission who made certain suggestion and we agreed with their
suggestion. The suggestion of the
Conservation Commission was to take the road outside the WCD because it is very
valuable wetland. The other suggestion
had to do with the driveway situation that was explained to Conservation
Commission that we do not have anywhere else to go except putting the driveway
in the location that we put in. We went
with the revised plan to Conservation Commission, they had a suggestion that
Mr. Zodhi has not received a final copy of the report, but after what was
discussed at the meeting, feels that he is complying with all their requests
and requirements. As was shown on the
plan, we are away from all the Conservation easements. Showed the conservation WCD he took the road
out. The driveways will have to go
through WCD. The day after the meeting,
Mr. Zohdi also spoke with Chairman, Conservation Commission, and if Planning
Board goes along with the suggestion, his client will not have a problem with a
shared driveway. Other than that, the
site profile will remain the same.
Requested final approval for this plan.
Chairman, Planning Board reported that CLD had completed their report
but that Mr. Zohdi had not received a copy of it. Mr. Scanzani read CLD’s recommendations. Recommendations will be complied with.
There was lengthy discussion re the difference between temporary and
permanent cul-de-sac. Bill Scanzani
requested, in his opinion, and if the rest of the Board agrees, that plan, if
approved, should indicate that the cul-de-sac should be a temporary cul-de-sac
and not as a permanent cul-de-sac; Mr. Zohdi agreed with the suggestion.
Mr. Zohdi also agreed to combine lots 15 and 16 and reserved the right
to return to the Planning Board with a new configuration at a later date for a
two-lot subdivision.
Presenter #2: Rick Plungee from CLD
Read CLD’s conclusions regarding the traffic studies and
recommendations. Did have concern with
Old Gage Hill Road intersection with NH Rte. 38, which is currently being
studied by CLD for intersection improvements. Recommendation from CLD is that
the developer pays his portion of the projected traffic access for left turn
lane. Mr. Zohdi stated that his
client, if the Board wants to approve this plan, would pay, as CLD suggested,
his fair share for intersection improvement.
Presenter
#3: James Gove, Gove Environmental
Service
Originally identified three potential areas as being vernal pools. We actually wanted to see whether or not
they were vernal pools, we returned to the site, determined that the areas that
had been thought to be potential vernal pools were in fact vernal pools. In addition, we found other areas that were
functioning as vernal pools (identified areas on plan). In order to provide better protection for
those vernal pools, Mr. Zohdi did in fact shift the road alignment to outside
the WCD area. These findings were
reported verbally to the Conservation Commission. Chairman, Planing Board requested a memo from Mr. Gove detailing
his findings and conversations with Mr. Zohdi.
Mr. Gove agreed to do so.
Presenter #4: Alicia Hennessy, Chairman, Conservation Commission
Re: vernal pools, someone did make the suggestion to her that while
they are functioning now, we probably should see in three years if they are
still functioning, and that if they are not then may need to move roads (in the
future)
Chairman, Planning Board reminded Ms. Hennessy that the Board has
requested a favorable letter of recommendation regarding review. Ms. Hennessy read letter of approval and
will forward copy of letter to Planning Board and Mr. Zohdi. Mr. Zohdi agreed with Conservation
Commission recommendations on behalf of his client.
Ms. Hennessy also spoke to stump dump and 100’ well radius.
PUBLIC INPUT:
Emily Schofield, abutter
Questioned where the driveway for Lot 9 go, does it come off the
cul-de-sac or does it come before the cul-de-sac? If you eliminated the driveway on 10, because you’re going the
other way, where does the driveway for 9 go and does it change where you might
put the cul-de-sac? Mr. Zohdi’s
response to the question was no.
MOTION: (Scanzani/Culbert) To
approve plan subject to: 1) CLD conditions of compliance be met not only on the
road compliance but also on issues with the design to include 11% re the
upgrade to Rte. 38, 2) that all of the
issues presented by the Conservation Commission be met, 3) that there be
temporary cul-de-sac note put on the plan, 4) that there be a 20 foot driveway
easement between Lot 13 and 14 to service Lot 191, 5) that lot 15 and 16 be
combined with the understanding the applicant has the right to come back with a
better configuration for those two lots, 6) that the Planning Board receive a
memo from Mr. Gove updating the information on the vernal pool.
Mr. Culbert pointed out the most stringent regulation on the books is
75 feet for well radius. Bill Scanzani
added that even in the DES well design book, they only recommend 75 feet. Mr. Zohdi feels he can comply with standard
75-foot radius.
VOTE: 5 – 0 – 2 With Deb Casey and Bill Scanzani abstaining.
The motion carries.
MOTION: (Scanzani/Culbert) To
approve a temporary cul-de-sac waiver..
VOTE: 5 – 0 – 0 The motion carries.
.
Map 3-138 Nationwide
Construction – Bush Hill Road – Proposed 5 Lot Subdivision for approval
Mr. Messina waiting for two of four site specific plans that have been
requested, has not had the opportunity the review the final two site specific plans,
and CLD needs to review plans.
This was date specified to the
May 15, 2000 Planning Board Meeting.
Map 1 Lot 161 Estate of
Charles Jack – Greenmeadow Estates – Greenmeadow Drive – Proposed 9 Lot
Subdivision for approval
Mr. Messina reported that the Conservation Commission denied at a
recent meeting the dredge and fill application, however, he has not seen that
documentation. Also has not seen
approval on the State dredge and fill application at this time.
Based on availability of application, date specified for the May 15,
2000 Planning Board Meeting.
Map 1 Lot 57 Barbara
Whittaker – 9 Mammoth Road – Proposed 6 Lot Subdivision for approval
Mr. Messina reported that he has not seen CLD’s report, approval would
have to be contingent on CLD’s report.
We have done a site walk. Has
not seen Conservation’s report, application would also be subject to a
favorable report from Conservation on the wetlands crossing.
This was date specified to May 15, 2000 Planning Board Meeting.
NEW
BUSINESS
Map 7 Lot 37 Yarde Metals
Incorporated – 29 Atwood Road – Site Plan Review for office and warehouse for
consideration
Bill Scanzani, Secretary, read list of abutters.
Presenter #1: Peter Zohdi, Ed Herbert
& Associates
Mr. Zohdi received correspondence from Atty. Michael Jones today that
by next week, that the highway access permit will be granted. We have dug sufficient test pit on the site
on Rte. 38 for the septic design that was inspected by the Town Health Agent. We are proposing 46,500 sq. ft building that
will encompass offices and a warehouse area.
There will be three shifts (50 employees). All roadways, parking, driveways complies with Board’s
requirements. Proposing lighting that
shines down so that it will not impact any abutters. We have met with the Fire Chief who had some concern with the
driveway that goes around the building.
The Chief wanted to be sure that there was access to get to the front of
the building. Access has been provided.
Presenter #2: Steve Haight, Ed Herbert & Associates
The whole site will drain towards the building, all the parking areas
will drain into catch basins, oil separator catch basins, going towards a
detention pond, and the detention pond will go into a treatment swail. Reported plan has gone forward to DES. Also presented an artist rendition of the
proposed facility and addressed road design, septic system, landscaping,
signage, lighting and flood plane elevation.
Chairman, Conservation Commission questioned if DES was aware of the
wetlands in the area. Recommendation
was made that the plan should be sent to Frank Richardson at DES re the wetland
issue.
Bob Yarmo, Conservation Commission expressed that it is important to
identify how close the wetland is to this project.
Presenter #3: George Yarde, Yarde Metals
Incorporated
Yarde Metals is a metal distributor, we purchase aluminum products from
companies such as Alcoa Aluminum, Kaiser Aluminum. We are the middlemen between the mill and the end user. We bring the product in, 30-40,000 lbs. at a
time, in different sizes. Store racking
systems in our warehousing facilities around the New England states. Customer negotiates the price for the
product, we put the order together, load it on our trucks and deliver it to the
customer site, e.g., machine shops, computer industry, defense industry, anyone
who uses stainless steel. Described the
processing that is used to part the metal, cut it in the section/lengths into
usable pieces to sell to the customer.
We load the material on our trucks and deliver it the next day. There is no hazardous material
involved. Our trucks are leased through
a leasing arrangement with Ryder Trucks who also maintain them. We like to think of ourselves as a rather
clean industry, we don’t pollute anything, we don’t leave anything outside,
there are no storage materials outside, everything is contained within the
walls of the building. Any processing
(cutting) is done on the first shift, orders are pulled on the second shift,
and the trucks are loaded on the third shift inside the building. Anticipates one or two trucks a week
bringing in materials. Approximately
9-10 trucks would leave facility daily between 5:45 to 6:45 a.m. to deliver
orders and return between 4:00 and 6:00 p.m. Monday through Friday.
PUBLIC INPUT:
Dave Clark, 32 Atwood Road, Tax
Map 7 Lot 39
Spoke on issues he has with this plan, a lot of them have to do with
wetlands. On September 23, DES came to
his property and conducted an investigation.
The review determined that approximately 75% of his property is primary
cranberry bog wetland. DES further
conducted investigation by obtaining aerial photographs of the property. The primary wetland study identified the
soil as greenwood, mucky peat moss soil; this wetland is a 19.7-acre swamp
which he believes is where Yarde Metals wants to place their building.
Mr. Clark reported that he raised the level of his back yard because he
was constantly being flooded out. Mr.
Clark feels that by putting this facility in the proposed location is where the
water should be going will impact him.
He then read RSA’s and Town of Pelham Zoning Ordinances pertinent to his
issues of the development of this land.
. Bob
Yarmo, Conservation Commission
Raised the question of any coolants being used in the process of cutting
the metals. Also asked what the floor
drains are collecting and where does it go.
Mr. Yarde responded that in terms of the processing, the machines
themselves have there own self-contained coolant tanks that collects the fluid
that cuts the metal. The fluid is a
water-soluble fluid mixed with water and is recycled and refiltered throughout
the machine. Mr. Haight responded to
the concern of the floor drains, if they had any drains inside at all, it would
go to its own collection system inside, it would be maintained in the building,
it would not be discharged to the outside at all.
MOTION: (Scanzani/DeLuca) To accept
the plan for consideration
VOTE: 7 – 0 – 0 The motion carries.
Map 7 Lot 44-1 KDS
Properties – Atwood Road – Site Review for proposed elderly housing for
consideration
Secretary, Bill Scanzani, read list of abutters
MOTION: (Culbert/Scanzanit)To date
specify to June 5, 2000 Planning Board Meeting;
VOTE: 5 – 0 – 0 The motion
carries.
Map 2 Lot 58 & 60-2
James & Diane Fisher – Gumpus Hill Road – Per RSA 676:4-a Revocation of
recorded approval at the request of the applicant – proposing to recombine a 2
lot subdivision for consideration
List of abutters read by Bill Scanzani
Motion
made by Jeff Gowan that since this is administrative in nature that we date
specify to May 15 meeting; seconded by Paddy Culbert for discussion.
Mr. Messina stated that the applicant has withdrawn his request for
approval and it is purely administrative in nature per RSA.
Vote: Accept = 5
Denied = 5
Abstention = 0
Motion carries.
B.
Separate Issue
Paul McLaughlin, Birch Lane, Conservation Commission
The Chairperson read into the record the agreement between the
developer and the Conservation Commission two points: the absence of the stump
dump and the well radius have been agreed to by the Conservation Commission and
by the agent of the developer. There
was an attempt made to just brush that aside.
If the Board is going to brush aside agreements made between the
Conservation Commission and the developers, then we will have to take a major
re-look at how the Conservation Commission operates because it will be futile
for the Conservation Commission to spend its time coming to agreements with the
developers if they are being wiped out.
There needs to be some conversation between the Planning Board and the
Conservation Commission.
Board will work more closely with Conservation on these issues, and
also stated it would be more helpful to have received memo before the meeting
as part of the pre-package. Jeff Gowan
suggested that a separate meeting be scheduled between Planning Board and
Conservation to reach an understanding on specific jurisdiction.
D. MINUTES
Motion
made by Paddy Culbert to approve the minutes of the April 17 Planning Board
meeting; seconded by Jeff Gowan.
Amended motion made by Paddy and seconded by Jeff Gowan.
Vote: Accept = 5
Not Accept = 0
Abstention = 0
C.
ADJOURNMENT
Motion made by Paddy Culbert to adjourn the meeting; seconded by??
Vote:
Agree = 5
Disagree = 0
Abstention = 0
Motion carries; meeting adjourned at 11:40 p.m.
____________________________
PATRICIA A. ST. CYR
Recorder