Tow= n of Pelham, NH

Pelham Conservation Commission<= /o:p>

6 Villag= e Green

Pelham, NH <= st1:PostalCode w:st=3D"on">03076-3723

<= /p>

MEETING OF 9/21/200= 5 &= nbsp; &nbs= p; APPROVED 10/19/05

Members Present: &= nbsp; &nbs= p; &= nbsp; Absen= t:

Bob Yarmo, Chairman &= nbsp; &nbs= p; &= nbsp; Diane Antinerella (Alt)

Paul Gagnon &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp;

Paul Dadak

Amy Breault

Shirley Wakefield (Alt.)<= span style=3D'mso-tab-count:4'> &= nbsp; &nbs= p; &= nbsp;

Glennie Edwards (Alt.)

Conservation Chairman Bob= Yarmo brought the meeting to order at 7:36 p.m.

HEARINGS:

Map 36, Lot 10-10 - Joh= n & Olivia Comeau, Dutton Road= , Proposed 21 Lot Subdivision (Environment= al Impact Presentation)

Marc West of West Environmental g= ave an overview of the environmental impact assessment that was done in coopera= tion with Jones and Beach Engineers, Inc., and Gary Flaherty & Associates. Mr. West went over the addendum, d= ated 9/19/05, and is part of the West report. On Monday of this week Mr. West wa= lked the site with Craig Wood with Louie Berger Associates who is doing the revi= ew for the Planning Board. Some changes to the environmental report suggested by Craig Wood to the original environmental report and edited into the final report are:

#13 is a vernal pool; under wetla= nd evaluation (2^nd sentence) it should read twenty-one not nine wetlands; curbing mentioned (Section 8) will not be u= sed (there may be some curbing on the connection to Brandy Lane). If there is curbing it will be the bituminous angle pavement that turtles can crawl over; 3 x 6 box culvert (Section 8) will actually be 4 x 6 box culvert with loam bottom, design of plunge pool depths and hydrology should indicate that they don’t hold= water deeper than 6 inches.

PLAN CHANGES: Plan changes will show an area in = the front of the site that has Japanese Knotweed. It is an invasive species and shou= ld not be mixed in with the loam. A = note on the plan that specifically states that this (knotweed) is to be separated out and only be used for sub-grade that is buried under at least a foot of material and/or taken off the site. It should be one or the other. It is not to be used in the loam on the site. Vernal pool #7 (on lots 5 & 6)= is the only vernal pool on site that is not in the proposed conservation land. It is proposed to at le= ast put a 50-ft “no cut” buffer around the vernal pool to give it a= dded protection. A culvert above t= he filter strip will show on lot #5. Driveways that are in WCD will indicate feasibility of grading. The portion of filter strip at 11+= 00 to 12+00 that is woods road should be scarified, loamed, seeded and mulched. Elevation of culvert and amphibian tunnel will be field verified by Wetlands Scientist. There are two vernal pools that are approximately 10 feet above/below each other. Show dimensions of Amphibian tunnel. Add grate windows rat= her than entire length of Amphibian Tunnel.&nb= sp; Use Versilock in detail of wall.&nb= sp; Move walls to follow edge of road.&= nbsp;

Mr. West said that although it is= not usually done, it would be good to show all driveways that are going into the WCD, to show where they would be located and be feasibly be graded without = very steep slopes or things that may impact the wetlands. He made reference to l= ot #4, #5, #6, #7 and #11. These= will all show on the revised plan. Originally the Planning Board was approached about doing shared driveways and they said they preferred to see two driveways right next to e= ach other. Shared driveways often= have people who don’t get along that well said Mr. West. Mr. West said that there are only a couple places where the driveways are real close and if we wanted additional item on the slopes of that driveway, #3, they could plant a few shrubs for a buffer planting. Mr. Yarmo as= ked about the “new” terminology, specifically reference of a filter strip. Mr. West explained tha= t a filter strip is basically an area where you don’t need to build a treatment swale; you build a plunge pool or level spreader he said. You build a place for the water to= go and then you let it release naturally into the woodlands said Mr. West. The less area that is disturbed, t= he less treatment swales and seeding needed and less impact on the wildlife habitat and wetlands he said. Mr. West said that they would eliminate the cutting around the trees on lots 5,= 6 and 7. Craig Wood also wanted= to check the slopes below the = level spreaders and see whether there is a maximum slope allowed to eliminate ero= sion said Mr. West. Jones and Beac= h will come back with those figures. The pedestrian access to trails is another concern of Craig Wood. How do they connect to the existing trail system on the town’s conservation land? These will also be indicated on the revised plan. Mr. Wood also a= sked “who will own and who will hold the trail system?” Craig Wood would like to see a dra= ft of the conservation/deed restriction language on the adjacent parcel(s) that t= he town owns so that the language will be consistent in all the documents. With the donation(s) of conservati= on lands from this development it will allow connectivity to three (3) parcels= of land that the town owns in that general area. Craig Wood also asked for some information on ground water on the site.&n= bsp; He wanted to check for contaminants and potential future aquifers sa= id Mr. West.

Mr. Yarmo asked Mr. West about the trails that he commented on and whether he meant trail easements to the conservation land? Mr. West answered that they want to create trails on “this” property that connect to the existing trail system. Mr. West was asked if he was going to construct a trail or just establish a trail easement? M= r. West said that this was the first time that this had been discussed. Mr. West said that eventually the = town would own all these bits of parcels, that maybe the town would want to iden= tify the trails. Mr. West said they would only make sure that there was room for the trails to be in. They would not be cutting trees and blazing trails said Mr. West unless we wanted him to. Mr. Yarmo felt that that should be talked about due to fact that other sub-divisions in town, specifically the= one on Jeremy Hill, that a trail easement exists behind the lots but for all practical purposes it is never used because it was never cleared or marked.= Mr. Gagnon said that most of these trails will be on town-owned land and there may be a need to only modify exactly where they connect to the development’s road so that they don’t cross private land. Mr. Gagnon said there are trails out there already, that the Pelham Border Ride= rs Snowmobile Club has a major trail in this parcel. Mr. West said there was a great sy= stem out there already in place. Easements would not be necessary said Mr. Gagnon because the trails = are not going through private land. Mr. West believed that there would only be 70-ft of trails to create for the connectivity to the town’s parcels.

Mr. Yarmo said that he was real concerned about how the road was going to be constructed between the two (2) vernal pools which are very close to the road. He felt that it could turn into a = real disaster if not done carefully. What precautions could we take or recommend to the Planning Board th= at would kind of specify the methodology of construction in that area asked Mr. Gagnon? Mr. West said that we= would want someone, like himself, to monitor it.= He said it wouldn’t have to be him, but a wetlands scientist should be out in the field during construction. The second thing suggested is that before they did any work on the parcel that they go over all the elements of the plan. The techniques that= are going to be used are the location of a small wall that clearly demarcates w= here the road is versus where the resource area is said Mr. West. That should provide protection he says. These walls do not requ= ire footings, etc., only that the wall (material) is set onto the ground said M= r. West. Another suggestion by M= r. West is that we could put together a sequence of construction of that particular area that could be monitored and photographed by a wetland scien= tist to make sure that it is done properly.&nbs= p; Mr. Gagnon asked if that might include what time of the year that it might be done, say “not in April”? Mr. West said that it would not be= good to do this in April. He said = that they didn’t want to be in the pools in March and April when the amphibians are on the move. M= r. Yarmo asked if some of the driveways could be shared driveways to minimize = the impact on the wetlands? Mr. W= est said that they could. Mr. Yar= mo would like to see the calculations on how many square feet of impact would = be saved or mitigated by shared driveways versus single driveways. Mr. Yarmo said that the Planning B= oard has approved shared driveways in the past and there have been “drivew= ay agreements”. Mr. Yarmo = feels that this is a significant number of crossings and wants to speak with the Planning Board about this. He= says it is our recommendation that any place where there is a driveway crossing = the WCD that it be shared because the impact on the WCD is almost doubled accor= ding to the plan submitted. Mr. We= st said there could be two (2) shared driveways and then two (2) non-shared driveways for the area that he made reference to on the plan and two (2) driveways could be eliminated easily said Mr. West. The shared driveways could be for = lots six (6) and seven (7). Mr. We= st said he would provide that information in the analysis.

Mr. Yarmo asked about the amphibi= an tunnel being made from a pre-casting unit or whether it was a cast in place system? Mr. West said that th= ey didn’t want to do anything “in place”, we don’t wan= t to excavate, we want come in, built a bed for it and set it down to minimize t= he impact. He explained that the procedure now is that they get open top culverts, not open bottom, because = you would then have to do footings and digging deeper and having more impact. The open top culverts are put in p= lace at the right elevation after the bed is constructed; you put material in it= and then put a top on it. The cul= vert proposed for this will have six (6) inches of loam in it for the critters to walk across said Mr. West. Mr. Yarmo asked about the grade level distance because this is not a level area. Mr. West said that it w= ould be installed on an angle with about a 3% grade and that critters can easily= walk up and down slopes. Mr. Yarmo= said that the top of the culvert will need to be level with the road. Mr. West explained that part of the culvert would have a top on it, that the side view will have a wider/tapered installation.

Mr. Gagnon asked about the C2B pl= an that showed a 25-lot subdivision with 10 wetland impacts? Mr. West explained that this is a requirement of the wetlands bureau to show minimization on the newer plan, = that it is merely part of the record but it can be ignored now. The next map questioned was map C3= and shows eight (8) wetland impacts. Mr. Gagnon asked if there was any place that identifies the square footage of WCD impact versus wetland impact? Mr. West said that was going to be= shown for the driveways and asked if the roadway itself should be included. Mr. Gagnon says that thirteen thousand (13,000) square feet of wetland impact a= re shown but he would like to see the WCD impact for the entire development shown. Mr. West agreed to sho= w this on the final plan. Mr. Yarmo = said that they should be listed separately.&nbs= p; Mr. West said that the wetlands application has been submitted and it contains most of the information and adds the complete evaluation of the mitigation of the rules and regulations for the state which require a discu= ssion of what the conservation land looks like, what the function of the wetland = is in this area and how much is upland, etc.&= nbsp; Mr. West said that they exceed the state’s mitigation requirem= ents by about 13 times. That is all discussed in section 7 in the wetlands application said Mr. West. Mr. Yarmo said that when the dredg= e and fill application was submitted the conservation commission intervened which gave us more time to collect data and make a decision on. He wasn’t sure when the 40 d= ays expires. Mr. West said that i= f we didn’t meet for another month we would have to write something between now and the next meeting. Mr.= West said that our comment letter should be submitted following this meeting if there were additions or changes. Mr. Yarmo advised that the next meeting of the Conservation Commissi= on is October 12 and that we should be okay with that timeframe. William Thomas, phone (603) 271-40= 66, has been assigned to this case at the state level. Mr. Yarmo will call him to ask abo= ut the timing issue.

Mr. Yarmo acknowledged Mr. Dan Cy= r, Baystate Forestry Service, and said that this was a very good report, that = he enjoyed reading it and it was probably the most thorough environmental repo= rt that he had seen. He commente= d on the terminologies used, the discussions and the photographs – that th= ey were all very valuable. Mr. Yarmo said that these types of photographs should be made available to the public to make them more aware and appreciate how valuable these wetlands a= re.

Mr. Dan Cyr, consulting forester introduced himself and said he represents the developer but also represents= the town to some degree on this project. He represents the town to some degree on this project as he has been working on the adjacent parcel that the town owns. The developer asked Mr. Cyr to be involved with this project to the extent that he would be involved after the conditions would be made tonight to proceed and actually do the land cleari= ng phase to make sure that any stipulations from the Conservation Commission a= re followed, to make sure that it is done right. Mr. Cyr’s goal is to flag the buffer zones, to make sure that the areas that aren’t going to be cut= are properly flagged. Also, DES h= as been concerned about the loggers going in ahead of time and hurry up to do a logging operation and try to maximize revenue and they really foul up the wetlands Mr. Cyr said. The lo= gging and land clearing that will be needed once it’s known what is going t= o be built on is what’s being protected forever. During the logging phase it’s critical where much of the debris enters the intermittent streams is usually done during the logging phase with little concern given to the water that is standing there said Mr. Cyr. = We propose to put in temporary logging bridges or temporary culverts as needed, itR= 17;s critical said Mr. Cyr. We wil= l be using BMP (Best Management Practices) said Mr. Cyr, we will not be having skidders going through wetlands. BMP that are used for long-term development are also used in short-t= erm developments like this project. Mr. Cyr said that he has been asked to work with this developer so as to add to= the comfort zone that the town requires. This involves trees that need to be cut and will be marked by Mr. Cyr and the areas to be protected will be located by Mr. West. Mr. Cyr will see that it is done r= ight and will be supervised by him personally.&= nbsp; Mr. Cyr suggested that the town identify these trail heads during the construction phase. His exper= ience is that once the homeowner’s lawns are established and people have be= en there for a while, people aren’t receptive to a trail going in even though it’s been approved and the location is known. He suggests that identifying and p= osting the trails be done early to eliminate any questions to the actual locations= . A trail is best if markings are ke= pt to a minimum – leave it in the wild is Mr. Cyr’s recommendation. He suggests using paint on the tre= es, not nails. Mr. Cyr said that = filter strips are a wonderful tool. A 20-foot filter strip is better than 20 hay bales; it’s a natural buff layer. It basically means the unincorporated leaf litter and branches that really collects any overland f= low sediment. You don’t hav= e to bring in grasses that are sometimes invasive and are brought in in the hay bales. Mr. Cyr said he didn&#= 8217;t know where the staging area was going to be, that it is a critical element = of the development he said. He w= ill confer with his client to a possible location of the staging area that does= not infringe on the wetlands. Mr.= Cyr said that he would be passing this information on to the Conservation Commission once he and his client have agreed upon a site. He estimates that the estimated lo= gging operation time would probably be in the vicinity of three (3) weeks. The logging operation consists of large mechanical shears that are capable of shearing a twenty (20) inch oak and remove it without ever disturbing any wetlands due to the long arm of this type machine. Mrs. Edwards asked if the stumps a= re left in the ground or removed. In a forestry setting they are typically left in the ground to rot said Mr. Cyr. Stumps that are the resu= lt of trees that are cut for the road and actual house locations are taken out he said. Mr. Cyr asked Marc Garr= epy, the developer, if the stumps were going to be ground or buried somewhere. The developer commented that they = would most likely be buried on site. The goal of Mr. Cyr is to see that all healthy, well-dispersed hardw= ood trees of 10 to 16 inch diameter trees are left and the lot has much more wo= rth. Trees that have a frost crack or b= roken top or a tree with dead limbs will be removed said Mr. Cyr. Mrs. Wakefield asked for clarifica= tion on the 11 x 17 plans because there was no legend applied to the plan. Her concern was that on some of th= e lots the driveway goes right through the wetland. Mr. West said that they were not proposing that any driveways go through any wetlands. Some of the confusion is due to the scale of the plan submitted in the environmental report, there is not enough division shown on the copied plan.

Mr. Yarmo expressed concern of a scenario where this development might be sold in a year or so and the new developer does not adhere to the restrictions imposed by the Conservation Commission. He wanted to know= how do we secure the commitment on everything that was discussed here tonight, = that this commitment would carry through if sold to another developer. Mr. Yarmo said that the most negli= gent things that developers do is when they come into town they turn a tree cutt= er loose and he goes nuts. How c= an we guarantee your commitments that have been offered asked Mr. Yarmo?

The developer Mike Garrepy of Fal= ls Brook, LLC, said he is the applicant and developer of the site said the way= you would assure these conditions be passed on is to make them part of the Plan= ning Board’s approval, whichever we were comfortable with. Mr. Yarmo addressed Mr. Cyr and sa= id he would be very surprised if this development went off as indicated by Mr. Cyr. He asked Mr. Cyr what his presence would be on the site to see these stipulations happen. Mr. Cyr said he plans to be there = every day to monitor the operation. Mr. Cyr said that a biomass operation, where the whole tree is to be cut, is fa= st moving and there is a lot of prep work done before the loggers are let in on the site. Mr. Cyr said the fa= ct that the developer has hired him and West Environment says to him that the developer wants to do it right.

PUBLIC INPUT: None

OLD BUSINESS:

Prime Wetland Study updat= es and phase two proposals.

MEETING MINUTES: 8/17/05 = APPROVED (Gagnon/Dadak) VOTE: 5-0

&n= bsp; = ; = 6/8/05 APPROVED (Dadak/Breault)

Meeting adjourned at 9:30= .

&n= bsp; = ; &n= bsp; = ; &n= bsp; Respectfu= lly submitted,

&n= bsp; = ; &n= bsp; = ; &n= bsp; Glennie Edwards, Recording Secretary