Members Present Members Absent

Alicia Hennessey, Chairperson Hal Lynde, Selectmen Rep.

Rick Cummings Don Paquin

Debbie Waters, Alternate Alicia Harshfield

Bill Cookinham

Paul McLaughlin

Bob Yarmo

A meeting of the Conservation Commission was held upstairs at the Town Hall in Pelham on Wednesday, May 10, 2000 and called to order by Chairperson, Alicia Hennessey, at 7:16 p.m.

Wetland Ordinance Update

The Chairperson, Alicia Hennessey. asked Debbie Waters to address the Wetland Ordinance update. Debbie Waters stated that there would be a Public Hearing regarding revision to the Wetland Ordinance with Planning Board on Thursday, May 25, 2000 which would be a special work session. Alicia Hennessey stated that the public was welcome to attend. Debbie Waters added that Mark West and possibly Town Counsel would be in attendance but if not would likely be at the third meeting at a later date.

Alicia Hennessey advised that Pelham has some rural farm areas and suggested that residents support these local farms in order to keep open space. She asked that the public consider purchasing flowers, fruits and vegetables from the farmers in town and thanked them for this show of support.

Hearings:

Map 7, Lot 143, Neskey property

Keith Murray of Meisner Brem Corp. in Salem, New Hampshire presented this plan to the Commission stating that he represented Mr. Neskey regarding this proposed 2 lot subdivision on the westerly side of Willow Street and posted a map on the board with copies given to the Commission. Mr. Murray explained that there was an existing mobile home and shed on this 11.2 acre parcel which had residential zoning. He added that there would be a 50 foot setback for the WCD and that the parcel was wooded in the wetland area with an open field in back. Mr. Murray stated that the parcel was not in the FEMA flood plan. He explained that the existing mobile home would be on one lot with a home to be constructed on the second lot behind that. A wetland crossing would be needed for the back development; dredge and fill application was filed. Mr. Murray stated that the driveway was as close to the property line as possible with an existing path going through. There would be 1400 square feet of wetland filling for the crossing with a grading of 8600 square feet. A proposed septic plan and on site well were noted. A site walk had been done with members of the Commission and specifications were outlined in the application.

Debbie Waters inquired about the width of the proposed driveway and Keith Murray answered 12 feet. Paul McLaughlin asked if this was the only practical access to public road and Mr. Murray responded yes, that it was the best area to cross. Mr. McLaughlin added that he assumed it is designed to have minimal dredge and fill. Keith Murray answered yes but added that a smaller cut and fill were possible if driveway were moved over. Mr. Murray explained that the existing cart path where driveway would be constructed was a grassed area going over wetland and dry in areas. Bob Yarmo asked if there was other access and Mr. Murray responded no and pointed out the existing path on the map. Mr. Yarmo asked if there were any proposal for construction of home and Mr. Murray responded no.

Debbie Waters asked what was behind the mobile home. Keith Murray explained that there was a shed, area of lawn, then some woods. Debbie Waters asked that Mr. Murray point out the 4K area which he did. Bob Yarmo inquired if it were possible to clear trees in wetlands and Mr. Murray said that there were no

stipulations but dead trees could be removed. Alicia Hennessey added that there were many dead trees due to the beavers in the area and that the resident was conservation minded.

Bill Cookinham asked about the silt fence only being shown and whether the driveway would go in before construction to which Mr. Murray answered yes. Debbie Waters stated that she was not sure someone could go in and clear trees but possibly 50% can be taken. Keith Murray noted that he was not sure whether this could fall under farming area and Bill Cookinham added that it used to be a hay field. Mr. Murray stated that there were new but mature woods out there with no trees in driveway area. Alicia Hennessey asked if the driveway could be reduced from 12 feet to 11 or 10 feet. Keith Murray said he would like to maintain the 12 feet but could reduce by a foot.

Debbie Waters inquired about the soil type in the wetland area and Mr. Murray said he did not know but that he believes Jim Gove would know. Bob Yarmo asked why there was only silt fencing and not hay bales shown. Mr. Murray answered it was due to cost but also there was no need since it was a flat driveway. He added that hay bales could be placed if preferred by the Commission. Debbie Waters questioned whether more area would be cleared for driveway beyond 12 feet and Mr. Murray said it would be 14 feet in some areas to maintain slope of driveway. Keith Murray added that clean fill would be used and that the area cleared out would be used and stockpiled. Alicia Hennessey stated the board would appreciate a reduction to a 10 foot driveway as had been proposed by Mr. Gove. Mr. Murray stated he would honor that and added that the plan would go before Planning Board for approval next Monday night. He needed the approval of the Commission prior to that.

Debbie Waters asked about the environmental report and Mr. Murray said Mr. Gove had done the report. Alicia Hennessey queried whether the land in back was buildable and Mr. Murray said he believed so, pending access. Bob Yarmo asked if there was any need for silt or erosion control below the new house. Keith Murray said he did not believe so since it was flat and about 100 feet from wetland. Alicia Hennessey stated that the Commission asks for no cut signs every 50 feet, to be posted before construction, and Mr. Murray agreed. Rick Cummings asked if the soil that was removed would be stockpiled outside WCD and Mr. Murray responded yes, stating 1400 square feet area must be done in low flow (mostly dry). Debbie Waters asked about the dates of low flow and Mr. Murray said he did not know but likely it would be mid-summer. Alicia Hennessey inquired about culvert size and Mr. Murray answered 12 inches, fairly flat. The Chairperson inquired further about driveway being paved and Mr. Murray said it would be. Bob Yarmo confirmed that new driveway was in WCD and Mr. Murray said yes, a 8600 square foot area. Mr. Yarmo asked why the driveway was kept so low and Mr. Murray explained it was to avoid more fill in WCD and not to encroach on wetlands.

Debbie Waters stated that the plan showed an existing septic and 4K area and asked whether the existing septic would be replaced. Keith Murray said that it would not be but that a discussion had been had with Planning Board to put in 4K later. Debbie Waters asked if the existing septic was in wetland and Mr. Murray answered no, that it was in WCD. Debbie Waters said she was confused where WCD was on plan and Keith Murray noted it was not clear but ran along edge of mobile home. Debbie asked where the wetland boundary was on plan and Mr. Murray indicated location. She inquired where the existing septic was located and Mr. Murray answered it was 10 feet from proposed driveway. Alicia Hennessey inquired as to the impact to WCD which Mr. Murray answered was 8600 square feet. Bob Yarmo asked if the impact would be decreased with common driveway. Keith Murray explained it would go over existing septic but also in WCD as well. The Chairperson thanked Mr. Murray for his presentation.

A Motion was made by Bill Cookinham to accept this plan with the following conditions: driveway stays 10 feet from crossing area and section will have hay bales with Conservation signs every 50 feet; remaining buffer should be no cut-no disturbance area; loam stockpile will be outside of WCD; driveway to be constructed before dwelling; contingent on conditions Dredge and Fill permit sets forth, all

conditions to be added to the plan. Rick Cummings seconds the motion. A vote was had. All in favor: Alicia Hennessey, Rick Cummings, Bill Cookinham, Debbie Waters, Paul McLaughlin, Bob Yarmo. None opposed. Vote: 6-0-0. The motion passes.

Map 39, Lot 1-57, DoBar property

Keith Murray from the Meisner Brem Corp. of Salem, NH presented this 7 lot subdivision plan to the Commission and posted the plan. The property is owned by Barbara Whittaker and is to be located on Jones Farm Road, off the westerly side of Mammoth Road and south of Pelham Veterans Memorial Park. The proposed subdivision contains 10.97 acres and is zoned residential with an existing two family dwelling on property and six remaining single family dwelling lots with one acre minimum. Mr. Murray stated there was a wetland area with existing leach which was to be relocated and that the drainage high point was at the end of the property by proposed cul-de-sac. He added that the proposed drainage followed regulations required by the Town of Pelham. A detention pond area would be utilized near wetland with a proposed swale and water quality swale to insure no increase in the run-off. The wetland filling would be 605 sq. feet with a culvert for crossing. The property will be protected with erosion control; hay bales and silt fencing to be used. There will be no cutting in WCD area. Hay bales around inlet and outlet of pond would be periodically inspected.

Alicia Hennessey asked if detention pond would extend to the road for Pelham Veterans Memorial Park and Mr. Murray said no, it was at least 50 feet away. Debbie Waters asked how large the detention pond would be. Keith Murray apologized that he did not know but estimated it was approximately 100 ‘ x 30’ wide. Bob Yarmo asked if there was sequence of construction notes on plan. Mr. Murray answered yes and added that there are revised erosion control notes on plan. Mr. Yarmo further inquired if the notes would dictate timing of detention basins and Mr. Murray answered affirmatively. Alicia Hennessey asked if there was vegetation on cul-de-sac area. Keith Murray responded yes and stated that the open cul-de-sac area would be loomed and seeded. Alicia Hennessey asked about trees to be planted and Mr. Murray said none were proposed at this time. Debbie Waters stated that she believes Planning regulations require street trees. Mr. Murray said he did not know but would comply.

Bob Yarmo asked if there would be stump clearance. Keith Murray responded yes but the culvert must be installed at low flow. Mr. Yarmo inquired when silt and erosion would be installed and Mr. Murray answered it would be prior to any construction activity. Alicia Hennessey asked what lot contained area designated as WCD and Mr. Murray said Lots 2 and 1. The Chairperson inquired about a conservation easement discussed on site walk and Mr. Murray did not recall. Bob Yarmo said he recalled it was discussed but was not certain where. Alicia Hennessey stated that an easement would give buffer for stream and maintain some trees. Mr. Murray commented that he believed a conservation easement and WCD were much the same thing but would look into it. Bob Yarmo noted that there was much water coming off the road and asked about winter conditions. Keith Murray responded there was suppose to be no water in pond so it was possible for a run-off to go there in winter. Bob asked about a ground water table and Mr. Murray stated there may be a rise in ground water level. Mr. Yarmo also asked about existing grade of retention area and Mr. Murray answered about 150-154.

Alicia Hennessey inquired about the basis for size of detention pond and Mr. Murray answered that standards for both state and town were followed. The Chairperson asked if it takes into account the number of trees and about it being clear cut and Mr. Murray responded yes. Bob Yarmo asked if the ground water table was now at wetland and Mr. Murray said he assumed it is. Mr. Yarmo inquired about test pit data and Mr. Murray said it was done on lots. Bob Yarmo and Keith Murray discussed run-off to wetland when detention pond was iced over. Mr. Murray said that could happen but not in this case and explained that the water in pond is moving and retained for up to 72 hours so will not freeze. Bob Yarmo asked what was in the treatment swale and Mr. Murray said it was the standard design for the state requirements.

Rick Cummings asked if there was a plan for stumps and trees when the road would be constructed. Bob Yarmo stated that at the site walk it was agreed to haul those off site and Mr. Murray agreed. Debbie Waters asked where the stumps and trees were hauled to and Mr. Murray said likely they would be ground up though he was not certain where. Alicia Hennessey asked if the developer was planning to sell lots individually or develop them himself and Mr. Murray answered he did not know. Bill Cookinham asked about Lot 2 and why the boundary crossed WCD to Lot 3. Mr. Murray explained it was required by the Planning Board.

A Motion was made by Rick Cummings to approve the WCD impact and dredge and fill subject to the following conditions: site specifications to be outlined, hay bales and silt fences will be used, WCD mitigating area during house construction, Conservation signs every 50 feet, WCD no cut area, any dirt stockpiles put outside WCD and stabilized if there for extended time, heavy equipment kept in two central areas outside WCD overnight, no stump dumps for road clearance, recommendation to Planning to plant trees in cul-de-sac and street trees per regulations, builder to practice minimal cut in upland areas, all stipulations to be noted on plan, no cut-no disturbance WCD areas noted on deed, Conservation will have same stipulations as State on dredge and fill permit. Bill Cookinham seconds the motion. All in favor: Alicia Hennessey, Bill Cookinham, Debbie Waters, Rick Cummings, Paul McLaughlin, Bob Yarmo. Vote is 6-0-0. The motion passes.

Keith Murray requested a copy of these stipulations be sent to his office by Conservation Committee. The Chairperson thanked Mr. Murray for his presentation and moved to the next item on the agenda.

Yarde Metals (discussion):

Peter Zohdi of Edward Herbert Surveyors in Windham, NH presented a plan for the proposed site of Yarde Metals off Bridge Street and Atwood Road, being tax Lot 7-37, with one building to be constructed this year and a second building the following year. Mr. Zohdi explained that all traffic will be from Route 38 (Bridge St.) with an 18 foot gravel access for Fire Department use only on Atwood Road (no cars or trucks allowed). A WCD area exists over proposed driveway with WCD, also around pond at edge of Prime wetland, having 100 foot buffer zone. There would be no wetland impact. WCD affected for small portion of 18 foot driveway and small portion of parking area. Septic system to be located at front of property. Mr. Zohdi explained that Yarde Metals was in the business of cutting steel and aluminum and shipping it out. He stated that he would be meeting with Frank Richardson of DES next Tuesday regarding any concern for Prime wetland and would then inform the Commission. Bob Yarmo asked if the Commission members could attend the DES meeting and Mr. Zohdi said yes. He added that the meeting was May 16, 2000 in Concord at either 1 or 2 p.m.; he was not certain.

Debbie Waters read from the New Hampshire Conservation Commission Handbook regarding the acceptance of Prime Wetland and resulting responsibilities and procedures. Peter Zohdi then questioned what adjacent would mean as it pertained to that reading and Alicia Hennessey said it would be addressed by Mr. Richardson of DES. Mr. Zohdi stated that if DES required public hearing, then there would be one. He added that DES would review plan and likely do a site walk by Friday of next week. Planning Board and Conservation Commission would do a site walk this Saturday beginning at 8 a.m.

Bob Yarmo said he understood there were to be no dangerous fluids stored in the building(s) and Peter Zohdi said that was correct. Mr. Yarmo further questioned the fire sprinkler system and Mr. Zohdi said he did not know but would get an answer. Alicia Hennessey asked if the area ever flooded and Mr. Zohdi did not recall but noted that all required measurements were being done and would be specific on plan. Debbie

Waters asked if there were some wetlands that were Prime and others that were not. Peter Zohdi explained that they took the prime map to scan and put in a 100 foot buffer zone and that only about 60’ of parking area was affected within WCD and a portion of the exit driveway. He added that the plan showed all the silt fencing to be put in along the boundary of the wetlands. Debbie Waters asked if the Fire Chief believed the gravel to be of concern and Peter said it was discussed with Fire Chief and Planning. Bill Cookinham inquired about a gate at the end of the gravel driveway and Mr. Zohdi responded that it was not proposed but would be a very good suggestion. He will discuss it with the Fire Chief.

Paul McLaughlin commented that Yarde Metals had other operations and asked if there had been any problems with run-off, contamination or noise. Peter Zohdi said he did not know, stating that the main operation was in CT with a warehouse in Tewksbury, MA. Mr. Zohdi added that the board was welcome to visit those facilities and that he would ask the Yarde brothers to attend the next Conservation meeting. Bill Cookinham inquired whether there would be any materials stored outside and Mr. Zohdi said there would not be. Bob Yarmo questioned the high water table mark on plan and Mr. Zohdi indicated it on the map along with some boring findings from a report. Peter Zohdi stated that he wanted the pre- and post-development to be equal. Bob Yarmo asked how water gets into the treatment swale and Mr. Zohdi explained about the inlet and outlet pipes.

Alicia Hennessey then read from the Conservation Handbook what Frank Richardson will be looking for during his site walk. Peter Zohdi commented that Mr. Richardson would also be looking at the proposed elderly housing adjacent to this parcel on Atwood Road. Debbie Waters asked if an environmentalist was in on this project or if Mr. Zohdi was relying on the State. Mr. Zohdi said Jim Gove would be involved. Debbie Waters asked if Mr. Gove would be preparing a report. Mr. Zohdi answered affirmatively and offered to mail a copy of the report to each board member in advance of next meeting (taking names and mailing addresses). Mr. Zohdi stated he would include a few extra copies in the mailing to the Chairperson for members not present. Bob Yarmo asked if there would be any blasting done on the site and Peter Zohdi stated he was confident there would be none.

Alicia Hennessey read a description of the 1987 original designation of Prime Wetland which exists on this 19.7 acre parcel, described as a cranberry bog so that the public would be aware of its’ importance and significance. Paul McLaughlin inquired about the distribution areas of soil and Mr. Zohdi explained what was needed for WCD areas. Mr. McLaughlin asked what Mr. Zohdi would be needing from the Commission and Mr. Zohdi explained he was looking for recommendation to Planning. Alicia Hennessey inquired whether Jim Gove was looking at the Prime wetlands and Peter answered yes.

The Chairperson thanked Peter Zohdi for his presentation and moved to the next item on the agenda.

Map 29, Lot 7-44-1, Atwood Road, Elderly Housing

Peter Zohdi of Edward Herbert Surveyors in Windham, NH presented a plan to the Commission for the construction of an elderly housing building on Atwood Road, for discussion only. Mr. Zohdi indicated that there were no wetlands within the parcel which is owned by KDS Properties (David Mendes). The proposal is for a 40 unit one floor elderly housing project with grading in back for fire department. Mr. Zohdi noted that regulations call for 200 feet from leach to well and the parking would be in front. There is to be one catch basin and no major drainage with the land being fairly flat. A community building will be located in front. The project will include two bedroom units and single bedroom units.

Alicia Hennessey inquired about the age requirement and Mr. Zohdi said that would be whatever regulations stipulated; he will let the Commission know. Mr. Zohdi commented that an apartment building could have been constructed on this parcel but the owner elected to build an elderly housing facility. Alicia Hennessey asked about any disturbance to Prime wetland and Mr. Zohdi answered that there was a 100 foot buffer. The Chairperson asked if it was sloped down and Peter responded yes. Alicia Hennessey stated that the area was heavily treed and that there would be little to no vegetation up to Prime wetlands. Mr. Zohdi said he

will present this to DES for recommendations. Bill Cookinham asked if there was any landscape design and Mr. Zohdi said no except for no disturbance areas. Bob Yarmo questioned why there was no detention or retention and Mr. Zohdi said he would look into that. Alicia Hennessey queried why the buildings were near the Prime wetlands and Mr. Zohdi answered it was best to have the buildings adjacent to it rather than the parking area.

Debbie Waters asked if the property leach fields were oversized for state recommendations and Mr. Zohdi said that the state did not require 4K area. Peter Zohdi explained that the Planning Board has not had hearing but took over jurisdiction at public hearing and no site walk is scheduled as yet. He added that Planning would have 65 days from jurisdiction to approve or disapprove plan. Alicia Hennessey asked if this were on the Planning Board agenda for Monday night and Mr. Zohdi said he believes it is scheduled for June 5 but will find out. Debbie Waters asked when Planning took jurisdiction and Mr. Zohdi said he will have to check. The Chairperson thanked Peter Zohdi for his presentation.

Approval of Minutes

Alicia Hennessey asked the board to review and accept the minutes for February 9, 2000. Paul McLaughlin asked for some changes and corrections along with the Chairperson.

A Motion was made by Rick Cummings to accept the minutes of the February 9, 2000 Conservation Commission meeting, as amended. Bill Cookinham seconded the motion. All in favor: Bill Cookinham, Rick Cummings, Paul McLaughlin, Debbie Waters, Alicia Hennessey. Bob Yarmo abstained. Vote is 5-0-1. The motion passes.

The Chairperson reviewed minutes from the March 8, 2000 meeting with changes and corrections noted by board members.

A Motion was made by Bill Cookinham to accept the minutes of the March 8, 2000 Conservation Commission meeting, as amended. Rick Cummings seconded the motion. All in favor: Alicia Hennessey, Debbie Waters, Bill Cookinham, Rick Cummings, Paul McLaughlin. Bob Yarmo abstained. Vote is 5-0-1. The motion passes.

The Commission then reviewed minutes from the April 12, 2000 meeting with corrections or changes noted.

A Motion was made by Rick Cummings to accept the minutes of the April 12, 2000 Conservation Commission meeting, as amended. Bill Cookinham seconded the motion. All in favor: Bob Yarmo, Paul McLaughlin, Rick Cummings, Bill Cookinham, Debbie Waters, Alicia Hennessey. Vote is 6-0-0. The motion passes.

Alicia Hennessey, Chairperson, asked the board to review and make any changes or corrections necessary for the final set of minutes dated April 19, 2000.

A Motion was made by Bill Cookinham to accept the minutes of the April 19, 2000 Conservation Commission meeting, as amended. Rick Cummings seconded the motion. All in favor: Bob Yarmo, Alicia Hennessey, Paul McLaughlin, Rick Cummings, Debbie Waters, Bill Cookinham. Vote is 6-0-0. The motion passes.

There being no further business to come before the board:

A Motion was made by Bill Cookinham to adjourn the Conservation Commission meeting. Debbie Waters seconded the motion. All in favor: Paul McLaughlin, Rick Cummings, Alicia Hennessey, Bill Cookinham, Debbie Waters, Bob Yarmo. Vote is 6-0-0. The motion passes.

The meeting was adjourned at 10:28 p.m.

Transcribed by

Kathleen A. Carr

Recording Secretary APPROVED: July 12, 2000