August 20, 2001



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



Gael Ouellette, called the roll:



PRESENT:       Victor Danevich, Paddy Culbert, Peter McNamara, Jeff Gowan and Alternate Gael Ouellette, Hal Lynde (arrived at 8:14 pm.), Interim Planning Director Clay Mitchell


ABSENT:            Henry DeLuca and Bill Scanzani






ML 3-130, 130-1, 130-2  A & A Realty Trust, Andrew Graham Trustee – Mammoth Road-

Proposed 17 Lot Subdivision for Approval


Mr. Peter Zhodi, Hebert Associates stated that at the last meeting the Board asked him to present individual lot calculations on 5 lots, which he presented to Clay Mitchell.


Mr. Danevich stated that the Board requested site specifics, lot size calculations along with site distance, cistern location, and increase road crown.  Mr. Zhodi said he will work with CLD regarding the road crown.  He said the Fire Chief makes the decision where he wants the cisterns located.  Mr. Zhodi said he would put the cisterns on the plan once the Fire Chief makes a decision.


Mr. Gowan asked the length of the temporary cul-de-sacs.  Mr. Zhodi said the main one is 1300’ from the centerline of Mammoth Road to the end of the cul-de-sac, and from the centerline intersection to the second cul-de-sac is 750’ feet.  Mr. Gowan made a comment that lot 3-130-3 is an odd shaped lot but he is sure it meets regulations.


Mr. Danevich asked Clay Mitchell and Dave Brouillet of CDL if they feel the lot size calculations have been satisfied.  Mr. Brouillet said that they have been satisfied.  Mr. Mitchell said Mr. Zhodi has presented the information that meets the regulations.


There was no public input.






Clay Mitchell said he would like to see some kind of slope determination within the easements as part of the approval.  He said that on lot 3-130-7, there is a significant amount of slope going down into the roadway.  He said he has noticed on the plan that some of the houses are being placed in the middle of the slopes and that is putting the town road at risk for massive amounts of siltation ending up in the roadway.  Mr. Mitchell said he is suggesting putting some kind of conditions with the slope ratio being 3/1 within the slope easement.  He said this will give the Planning Department the authority to enforce against the developer of the lot.  He said the maximum slope should be 3/1.


Mr. Danevich stated Ms. Ouellette will be voting in place of Mr. Scanzani since he is absent.



MOTION:      (Culbert/McNamara)  To approve the plan with contingencies of proper signage to be applied in compliance with the traffic study, cistern location be on plan prior to the final sign off, the road crown be increased and slope determination within the slope easement not to exceed 3/1.


VOTE:            (4-0-1)  The motion carries. Mr. Gowan abstained.



MOTION:            (Culbert/McNamara)  To approve the waiver for the cul-de-sac length.


VOTE:            (4-0-1)  The motion carries.  Mr. Gowan abstained.






ML 10-352 & ML 10-352 Phase II Neil Fineman – Currier Road & Island Pond Road –

Proposed 16 Lot Subdivision for Consideration


Gael Ouellette read the list of abutters aloud.  There were no persons present who did not have their name read.


Mr. Zhodi submitted two applications for 28 lots on the same parcel of land.  He said three lots have driveways that go to Currier Road.  He said they are proposing building two roads for the other lots.  He said Jim Gove of Gove Environmental did the soil and wetland studies and is present if the Board has any questions.  He said there is 8,100-sq. ft. of wetland crossing.  Mr. Zhodi said all the lots comply with the lot sizing.  He said there is no concern with steep slopes.  He said the slope is very gentle. 


Mr. Jim Gove of Gove Environmental submitted the Environmental Impact Analysis.  He said he has modified their EIA to identify only significant habitat features.  Mr. Gove referenced page 32 of the EIA, which showed an aerial photo of the entire site.  He pointed out the wetland area along Currier Road.  He said there has been a fair amount of disturbance in that area. He said there are two ponds that have been dug and some structures that have been built.  He said there are no endangered or threatened species.  He said the main type of forest area is an oak/pine forest.  Mr. Gove said the agricultural open land will be impacted.


Mr. Danevich asked if the two ponds were man-made.  Mr. Gove said he believes they were put in for irrigation purposes.  Mr. Danevich asked if the ponds provided any significant environmental benefit to that area.  Mr. Gove said he does not see any unique utilization for either pond.  Mr. Danevich asked if the ponds were going to be filled in.  Mr. Zhodi said no they are not.  Mr. Danevich asked Mr. Gove to comment on the WCD crossings.  Mr. Gove said they are going over an area that has already been disturbed.  He said they do not have any forested or wooded WCD crossing in that area.  He said it is all field habitat to the edge and the wetland boundry extends into the field. 


Ms. Louise Casserears of CLD stated that they have begun a traffic study and has some preliminary results to report.  She said they conducted two ATC’s one on Currier Road and one on Dutton Road.  She said that on Currier Road the traffic in the am is 50% southbound and 50% northbound.  She said that in the pm it is 58% southbound.  On Dutton Road in the am 63% travel eastbound and 60% westbound in the pm.  She said based on industry standards they expect a total of 40 trips in the morning, 10 entering and 30 exiting the entire site of Phase I and Phase II.  A total of 36 trips 23 entering and 13 exiting in the evening.  She said these expected trips are based on existing traffic patterns and their knowledge of the area.  She said based on the past analysis they have conducted it appears all intersections and movements are operating at level service C or better.  She said traffic is not an issue but safety is.  She said the intersection at Island Pond Road and Currier Road is less than desirable.  She would like to see the applicant realign Cara Drive to intersect with Island Pond Road directly and realign Island Pond Road to have a T intersection where it meets Currier Road.  She also suggested adding stop sign designations at the intersections.  She said site distance to the south is adequate along Currier Road and site distance to the north is adequate except for a large shrub in the corner.  Site distance along Island Pond Road was measured at approximately 220’.  She said based on their review they expect little to no cut through traffic.


Mr. Danevich read a memo from Board Member Scanzani in his absence.  He stated there were three issues Mr. Scanzani had concerns regarding: 1) drainage and run off  2) the intersections

3) there are no recreational areas in that part of town.  Mr. Danevich stated that with a 28 parcel, the Board would be justified in requesting a recreational area.  


Mr. Mitchell requested from the Board to accept the plan for completeness and discuss the serious issues at the next meeting.  He feels the plan is complete.




Joseph Norkewicz, 14 Island Pond Road, wanted clarification of the speed limit on Island Pond Road.  Mr. Zhodi said the speed limit was 30 mph and he was not proposing an increase in the speed limit.  Mr. Norkewicz stated that his main concern is speeding on his road.


Kenneth St. John, 12 Island Pond Road, presented photographs of his property to the Board.  The photographs where of different time frames showing the amounts of water that pass through his property.  He would like the Board to solve the drainage problems.  Mr. St. John said he would like to see some underground piping pass through the front yard out to the back.  Mr. Danevich said he would give the information to Mr. Zhodi and CLD to solve the water issue.


Eleanor Alfeiri, 42 Diamond Hill Drive, has concerns with the cul-de-sac.  Mr. Zhodi replied it is the Board’s decision whether they want a road system or cul-de-sac.  Mr. Danevich said they hear from every organization regarding connectivity of roads.  Mr. Danevich said the cul-de-sac is going to be removed and a T intersection will be put in.


Dennis Abbott, 37 Diamond Hill Drive, would like to know where the water is going to go once the cul-de-sac is removed.  Mr. Danevich said the results will be done by CLD and it will be part of the application process.


Denise Mureau, 16 Diamond Hill Drive, wants to know why there are so many water problems.  Mr. Gowan said it was probably due to the construction and maintenance that resulted in more water than originally calculated.  Mr. Danevich said they would do a site walk.


Anthony Luciano, 24 Diamond Hill Drive, expressed safety concerns regarding the number of vehicles traveling on Diamond Hill.  Mr. Zhodi said CLD is currently working on the traffic study.


Denise Mureau, 16 Diamond Hill Drive, was concerned with overcrowding in the school system.  Mr. Gowan responded that they have an impact fee system in Pelham.  He said every new home that is built contributes an impact fee towards building new schools.  He said that the new school being built in town has future capacity built into it for the anticipated growth in Pelham. 


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


ROLL             Peter McNamara-Yes; Jeff Gowan-Yes; Paddy Culbert–Yes; Hal Lynde-Yes;

CALL:            Gael Ouellette-Yes; Victor Danevich-Yes

                        (6 - 0 - 0)


The motion carries.


Mr. Danevich asked if they had a waiver request.  Mr. Zhodi said they are not asking for a waiver but if the Board requests a waiver after the site walk, he will provide it to Clay Mitchell.


Clay Mitchell suggested that the Board look at the constraints associated with the development of Lots 10-352-1 and 10-352-6 with regards to the impact to wetlands.  He said he has a problem with the shared driveway going through wetlands on Lots 10-352-8 and 10-352-9.  He expressed concern regarding the configuration of Lots10-352-26, 10-352-27 and 10-352.  Mr. Mitchell said it is time for the Board to ask for Environmental Impact Assessments that have recommendations.  


Mr. Danevich scheduled a site walk for September 25, 2001 at 8:00 am at the Town Hall.



ML 10-10-2  Ronald & Laureen Smith, Richard & Kathleen Romeo – Dutton Road -Proposed 2 Lot Subdivision for Consideration


Ms. Ouellette read the list of abutters aloud.  There were no persons present who did not have their name read. 



Jack Szemplinski of Benchmark Engineering presented the plan to the Board for consideration.  He said the property is 9 acres in size with wetlands going through it.  He said the proposal calls for dividing the lot into two separate lots.  He mentioned they applied for and received a permit for wetlands crossing.  He said the houses would have their own wells and septic systems.  He stated he has received all permits from the state.   


Mr. Culbert asked if he went before the Conservation Commission.  Mr. Szemplinski said he had because they applied for a wetland crossing.  Mr. Culbert asked about the length of the driveway.   Mr. Szemplinski said it is just short of 1,000’.


Mr. Danevich said he talked with some safety committee members and they had concerns regarding the length of the driveway.  He said there was not a hose long enough to reach the back house from Dutton Road.  Mr. Szemplinski said Mr. Smith met with Chief Fisher and he recommended a residential fire sprinkler system.


Mr. Ronald Smith, 118 Dutton Road, stated he had met with the Fire Chief on several occasions.  He said he has no problems with any requirements the Fire Chief needs in order to feel comfortable.


Mr. Danevich asked Mr. Mitchell if he felt the plan was complete.  Mr. Mitchell answered yes the plan is complete.


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


VOTE:            (6 - 0 - 0)  The motion carries. 


Mr. Culbert made a recommendation for an EIA (Environmental Impact Analysis).  Mr. Gowan suggested asking the Conservation Committee to join them on the site walk.


Caroline Owens, 22 Dutton Road, was concerned with the quality of the water run off going into a swimming pond.  She said she would like to see a drainage study. 


Mr. Danevich said the Board would like to see an EIA study, Fire Chief and Conservation Committee comments.  Mr. Danevich scheduled the site walk for Saturday, August 25.



ML 9-9 The Louis Fineman Family Trust, Myrtis & Neil Fineman, Pamela M. – Simpson Mill Road – Proposed 9 Lot Subdivision for Consideration


Ms. Ouellette read the list of abutters aloud.


Gracinda Illyes, 59 Simpson Mill Road, said she was not notified.  She said she bought the house two months ago.  Mr. Danevich asked Mr. Zhodi to update the abutter list.


Mr. Peter Zhodi, Hebert Associates presented the plan to the Board for approval.  He said they are not impacting any wetlands or WCD.  He said the plans were not submitted to CLD yet unless, they were submitted by Clay Mitchell.  He said he would like the Board to take jurisdiction on the plan tonight.  He said the plan is very straightforward.


Mr. Danevich asked Mr. Mitchell if the plan was complete for approval.  Mr. Mitchell asked about the location of the driveway on Lot 9-9-7.  Mr. Zhodi said it was an existing driveway.  Mr. Mitchell also requested that pages 2 and 7 of the plan be stamped.


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


VOTE:            (5 - 0 - 1)  The motion carries.  (Mr. Gowan had stepped out of the room.)


There were no waiver requests.


Jim Gove, Gove Environmental described the soils.  He said there is a large area that contains excessively drained soil and moderately drained soil along the edges near the wetlands.  He said the interior is all sand. 


Mr. Danevich asked if there were any increased impact to the road from water drain off.  Mr. Gove said he has not looked over the drainage details.  He said Mr. Zhodi would have to answer that question.  Mr. Zhodi said the slope is 1% and the entire road will have ditch lines. 




Joseph LeBoeuf, 22 Kittregde Avenue, Tewksbury, MA., had a question that had to do with a previous subdivision.


Gracinda Illyes, 59 Simpson Mill Road, wanted to see the location of her home on the plan. 


Patricia Nyman, 51 Simpson Mill Road, stated the property is in the ground water management zone.  She said the State has regulated that no wells can be dug in that location because of the contamination.  She asked Mr. Zhodi where the water is going to come from since there cannot be individual wells.  Mr. Zhodi replied there would be a community well on the property.  He said it will be tested.  Mr. Zhodi said he has a meeting with Pennichuck Water Company to see if they have the capacity to supply the water if he cannot have a community well.  Ms. Nyman said she has lost water on three occasions.  She said either the well went dry or the pump was not working.  She said Pennichuck was looking into it.   Mr. Mitchell asked how they get water when the supply stops and in what time frame.  Ms. Nyman said they send a technician out and it takes 4-5 hours to get the water back on.  Ms. Nyman asked if the soils have been tested.  Mr. Gove said he only classifies the first 40 inches of soil.  Mr. Zhodi pointed out that the subdivision abutting this property had three wells dug on it and none of the wells have ever been contaminated.  Mr. Zhodi stated he was not aware of any restrictions on the property and would like to look into it.


Gracinda Illyes, 59 Simpson Mill Road, stated her property has a lot of water in the front yard.


Mr. Danevich requested an EIA.  He also scheduled a site walk on Saturday, August 25, which the Conservation Committee will be invited to attend.  He said this application would be heard again on Thursday, September 6.





ML13-118 & 119 Jeffrey & Denise Sharpe, Dane F. & Maureen Hoover – 4-6 Surrey Lane – Proposed Lot Line Adjustment for Consideration


Ms. Ouellette read the list of abutters aloud.  There were no persons present who did not have their name read. 


Jeffrey Sharpe, 6 Surrey Lane, presented the plan to the Board for consideration.  He said the original lot line is within 6’ to the corner of the house.  He said he believes that there have been other variances on three neighboring houses. 


Mr. Danevich wanted to clarify that Lot 13-118 would still meet the 200’ frontage requirement with 202’ and Lot 13-119 will have 205’ of frontage.  Mr. Danevich asked Mr. Mitchell that if this parcel has an existing Board of Adjustment waiver, does the Board take any action to recommend a reconsideration from the Board of Adjustment to revoke that parcel or will it become non-applicable.  Mr. Mitchell said it would be non-applicable.


Mr. Gowan stated that it looks like Mr. Sharpe’s well was located on the neighbor’s property.  Mr. Sharpe said the well is within 1’ foot of the neighbor’s property.  Mr. Gowan said on Lot 16-13-118 the location of the well is unknown.  Mr. Sharpe said there is no record in the Town’s file of the location of the well.  Mr. Gowan wanted to make sure that the neighbor’s well does not end up on Mr. Sharpe’s property.  Mr. Danevich said he would put a recommendation for resolution prior to the acceptance.



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


VOTE:            (6 - 0 - 0)  The motion carries.



There was no public input.



MOTION:      (Gowan/Culbert)  To approve the plan subject to locating the well on Lot 16-13-118 as exact as possible, prior to the signing of the final plan.


VOTE:            (6 - 0 - 0)  The motion carries.



ML 12 - 41 & 43 Stonepost Village LLC – Spring Street Extension – Proposed 21 Lot

Subdivision for Consideration


Ms. Ouellette read the list of abutters aloud.  There were no persons present who did not

have their name read.


Willard Perkins, President of Hearthstone Corporation presented the plan to the Board for

Consideration.  He stated the property is a 90 acre site off of Spring Street. He said there is a lot

of nice environmental resources on the property.  He said because of the location of the property,

there is Town owned land in various positions around the site.  He said there is a pond located

centrally on the site.  He said their goal was to conserve 1/3 of the property for open space use.


Mr. Mitchell stated the plan was complete.


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


VOTE:            (6 - 0 - 0)  The motion carries.


Mr. Danevich asked if there were any waiver requests for this application.  Mr. Perkins stated he

had submitted a letter regarding a cross slope waiver and drainage-curbing waiver.



MOTION:      (Culbert/McNamara)  To accept the cross slope waiver for consideration.


VOTE:            (6 - 0 - 0)  The motion carries.



MOTION:      (Culbert/McNamara)  To accept the drainage-curbing waiver for consideration.


VOTE:            (6 - 0 - 0)



Mr. Culbert asked if the paper road was being used to gain more lots.  Mr. Perkins replied yes.


Mr. Perkins said all the soils work was done by Gove Environmental. He said even though this is a very rural site, they had completed an ASTM transaction screen.  He said the soils and wetlands have been mapped.  He said he would like to have input regarding the open space plan.  He said they have not talked to the Conservation Committee. 


Mr. Gowan suggested they go to the Conservation Committee because the Board relies on their input.


Mr. Danevich asked when they would have Phase II ready for submission.  Mr. Perkins said they would be able to submit the plan within 60-90 days. 


Mr. Culbert asked to be shown where the wetlands were on the plan. 


Mr. Lynde said it is great to get open space but in this part of town there is need for physical recreation and all he sees is a passive recreation area. Tobin Farwell of Cuoco & Cormier Engineering Associates replied by saying the area consists of very sloping land.


Mr. Gowan stated that there are some fire safety issues in that area.  Mr. Perkins said they have agreed to put a fire hydrant in.


Mr. Lynde commented on Lot 21.  He said even though it is a paper street, it does show an existing wetland, he does not feel that is appropriate.





Deborah Waters, 6 Harley Road, wanted to know the reason for the paper street.  Mr. Farwell said it was to provide frontage for Lot 9.  She said as she looked at the plan, it would be nice to have Lot 9 as part of the open space.  She asked if they knew the size of the pond.  Mr. Farwell said between 8-9 acres.  Ms. Waters made a comment that Phase I is more suited for open space and not a recreational area because it is very steep and rugged terrain. 


Raymond Brunelle, 3 Matthew Drive, has concerns regarding his privacy with the development of Phase II.  He feels there will be an impact in traffic from Dracut and Pelham through Shepard Road.


Ann Brunelle, 3 Matthew Drive, wanted to know the different options regarding the paper road.


George Harris, 71 Ledge Road, was present to support the proposed road for connectivity.


Mr. Zhodi said the proposal Mr. Perkins has to put the road through town land is the best.  He said if the Selectmen agree, all the problems will be solved by connecting Spring Street to Ledge Road. 


Mr. Danevich asked Mr. Lynde if he had any thoughts as a Selectmen.  Mr. Lynde said he thinks the Selectmen would say, “What are we going to get out of this and who will benefit from it?"


Mr. Mitchell said this plan presents multiple opportunities for the Town.  He said the town is sitting in a very good position in terms of negotiations.  He said he would support this plan and advise the Board of Selectmen on some kind of negotiation strategy.  He said most of the people are going to benefit from the lay out of the road. 


Sharon Jackson, 9 Spring Street, wanted to know how they were getting access to water for the fire hydrant.  Mr. Perkins said the hydrant is connected to the pond.  She stated that in the minutes from previous meetings, it was never mentioned if the pond ever froze solid.  Mr. Culbert responded that the hydrant was installed as a dry hydrant and it had to be punched below the frost line to get access to the water.  Ms. Jackson expressed concern regarding safety issues, drainage and water issues.  She said she would not benefit from the proposed road.  She believes it would reduce property values and there would be possible water issues and safety issues. 


Mr. Perkins said most of the concerns were with the previous plan. 


Paula Socha, 4 Matthew Drive, said she knows there are going to be traffic problems regarding Ledge Road.  She said with the traffic now, it takes 15-20 minutes to get onto Route 38 from Ledge Road.


Mr. Zhodi asked Mr. Danevich if there is a direction between the Planning Board and the Board of Selectmen to see which way the right of way is going.  Mr. Danevich said he has not considered that yet. 


Mr. Lynde does not believe they have enough information here.  He thinks the Board needs more information before they go to the Board of Selectmen.  Mr. Danevich said he will meet with the Selectmen and brief them as to what is going on.  He said he is not looking for a decision or a vote at that point in time.  He said when they meet again after the site walk and review the final plan, he hopes Phase II will be ready and they will be able to take action.  Mr. Mitchell thinks they need some guidance from the Board of Selectmen before that.  He said the Selectmen’s response depends on the development of the entire area.  He said Phase II cannot be done until the Selectmen have given them some indication of whether they are going to buy into this.


Mr. Lynde thinks they should look at this as a conceptual package.  He said if it was presented to the Selectmen the way it is now, he does not think they are going to get a good reception.  He said of course the town would like connectivity but there needs to be more information.


Mr. Perkins commented that they are trying to do a master plan for the benefit of the town. He said they do have alternatives to cross the land, but it would not be a good plan.  Mr. Perkins said he could show where the alternative connections would go.  Mr. Danevich said it may be required for the Board of Selectmen.


Deborah Waters, 6 Harley Road, stated that there were funds contributed from the developer of Matthew and Harley Road extension for the anticipated Spring Street extension. Mr. Danevich said he was unaware of that, but would check into it.


Mr. Lynde thinks they need a study regarding the traffic flow because of short cuts and cut throughs.  He would like to see the impact on the surrounding roads.


Mr. Danevich reviewed the Board’s concerns as follows: 1) traffic/safety study; 2) freezing /drainage issues; 3) Conservation review; 4) location of contribution funds; 5)  comments from Fire & Police Chief


Mr. Mitchell asked that the lot lines on 17, 18, and 19 be straightened out.


Mr. Danevich said the case would be continued on Thursday, September 6, 2001.






Benoit Avenue Road Bond


Mr. Mitchell said Benoit Avenue 1 and 2 are now one big project.  He said the remaining issues left over from Benoit Avenue 1 are being rolled over into the current project.  He said they unified the two bonds.  He said the applicant requested that the old bond be released.  Mr. Mitchell said the new bond is in place.  Mr. Mitchell requested the bond be released.  He said there is enough money in the current bond to do everything.


MOTION:                  (Culbert/Gowan)  To release the initial bond.


VOTE:                        (6 - 0 - 0)  The motion carries.










A motion was made and seconded to adjourn the meeting.


The motion was adjourned at approximately 11:53 pm.





                                                                                                            Respectively submitted,



                                                                                                            Charmaine Goyette

                                                                                                            Recording Secretary