PLANNING BOARD MEETING
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
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.
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.
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.
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.
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.
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
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.
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
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