JULY 6, 2000


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


The Secretary, Bill Scanzani, called the roll.


Present:  Victor Danevich, Bill Scanzani, Jeff Gowan, Paddy Culbert, Henry DeLuca,

Alternate Gael Ouellette, Alternate Peter McNamara, Selectmen’s                       

Representative Deb Casey, Planning Director Vince Messina


Absent:   Michael Soby, Alternate Carl Huether, Alternate Richard Foote, Alternate

               Doris Cvinar


Gael Ouellette will vote for Mike Soby for tonight.




ML 10-33 & 10-33-4   Iris Therriault – Hillcrest Lane – Seeking Special Permit for WCD Crossing


The Secretary read the list of abutters.


Peter Zohdi of Herbert Associates represented the owner.  Mr. Zohdi explained that this property is a lot of record since 1960 and would like to put a driveway through a WCD crossing.


Victor Danevich read a letter from the Conservation Board of Feb. 6, 2000.


Paddy Culbert noted that he did not see anything about special erosion control so as the well digging would not affect the wetland.


Peter Zohdi said he did not show it on the plan but would work with the Board on it.


Bill Scanzani stated that the drainage around the house is dumping near the proposed well but should extend the drain down beyond leach field.


Peter Zohdi explained that the foundation drain has to be 25-ft from the well and the pipe can be moved to where Bill has pointed out.


Victor Danevich then opened the meeting to the public.


MOTION: (Scanzani/Casey) To accept the plan as proposed.



ROLL CALL:  Jeff Gowan – yes, Paddy Culbert – yes, Henry DeLuca – yes, Victor

Danevich – yes, Bill Scanzani – yes, Gael Ouellette – yes, Deb Casey – yes


The motion carries        7-0-0


There was no public input.


MOTION: (Culbert/Scanzani) To approve the plan subject to the following conditions:

1)      remove a car, 2) move the drainage pipe and 3) place silk fencing on the downside.


ROLL CALL:  Jeff Gowan – yes, Paddy Culbert – yes, Henry DeLuca – yes, Victor

Danevich – yes, Bill Scanzani – yes, Gael Ouellette – yes, Deb Casey – yes


The motion carries        7-0-0


ML 7-126   Pelham School District – Marsh Rd. – Site Plan Review for Proposed Elementary School for consideration


Bill Scanzani, Secretary, read a long list of abutters.


Gerry Boucher, Assistant Administrator for the Pelham School District, came tonight to present information about the site of the new elementary school.  He introduced Brad Mezquita of Appledore Engineering, Inc. and Jim Delisle from Team Design.


Bill Scanzani read regulation 674-54, Governmental Land Use.


The Board discussed this issue and came to the conclusion that the School District were not here for an approval but as a courtesy.  They would take suggestions but because the land is used for governmental use it could supercede town regulations.  The Board could issue a non-binding letter with comments and issues relative to this project.  They would here the case, accept it for consideration, set up a site walk and in the 30 days, if need be, hear legal counsel. 


Brad Mezuita of Appledore Engineering, Inc. was the first speaker.  He explained that there are 3 areas of wetlands.  One is a man made pond, another a major wetland and Beaver Brook to the back of the property.  A separate drive in from Memorial School is proposed with separate loops for buses, parents and a loop around the exterior of the school for fire apparatus.  There will be 239 spaces, 9 drop off spaces and room for 8 buses in front of the school.  The loops will be one way for easier flow.  The landscapping islands will have shade trees.  The soccer and baseball field that now exists at the Memorial School will be relocated to the back of the new school.  The drainage will be similar to what is there today. Because of the impervious surface, it will generate more storm water.  They have provided for detention areas on the side & rear of the school.  The soil is comfortable and has sand down 20-ft.  The ponds will be infiltration basins and not detention ponds.  They will hold storm water for up to a 100-year storm and provided for more if needed.  The water pipe will extend from Sawmill Rd, which will be approximately 800-ft and provided municipal water, which is better than providing a well.  The electrical pole will be relocated and all electrical poles in the school area will be underground.  There will be an on site septic under the baseball field or under the track field.  They will be testing soon.  This project will require 4 state permits:  A NHDES Site Specific Permit which is applied for and is pending, a NHDES Wetland for Dredge & Fill which is applied for & we are having a meeting with the Conservation Committee on Wednesday night, NHDES Sub Surface Bureau for the septic which has not been submitted for yet and a permit for the extension of the water main.


Brad Mezuita explained that the gas line is on the east side of the detention and that there would be no pavement over it. 


There was much discussion about the entrance and exit of the new school.  Members of the Board were concerned with 1 egress, the traffic flow and the turning onto and off of Marsh Rd. The Board asked if another alternate could be had for this.  One suggestion would be to connect it somehow with the Memorial School.  The buses and cars could come out in the center between Memorial and the new school, reversing the traffic at the Memorial School.  Another suggestion was to have the buses and cars come in at the center between the 2 schools and come out the other egress.  Still another suggestion was to widen the exit of the new school and put in an extra turning lane to come out.


Gerry Boucher stated that the Board should remember that the schools have staggered openings.  


Brad Mezuita said that the extra turning lane was a good suggestion and could be feasible.


Jeff Gowan stated that the Highway Safety Commission should review the design regardless of what is decided.


Another discussion by the Board about sidewalks was brought up.  It was explained that the sidewalk issue was not tied into the school but a separate issue.  The 3rd year installment was not voted into effect this year and will probably be put on the ballot at a future date.


Victor Danevich asked if there would be any connectivity between the two schools.

Brad Mezuita stated that there is a paved access with a gate, which was suggested by the school.


Paddy Culbert asked how big the wetland is that is to be filled.


Brad Mezuita stated that it was 10,000 sq. ft and they will be meeting with the Conservation Committee this coming Wednesday. 


Bill Scanzani showed the Board a study done by the Golden Environmental Services of the minor impact of the filtration area.  He read from this report.    


Victor Danevich suggested that they should have an overall topology view of how everything fits together.  He also asked if the open space between the two schools

(the old baseball field) would be used as a parking lot.


Brad Mezuita stated that it is not proposed as a parking lot now or in the future.


Jim Delisle from Team Design gave an architectural presentation.  The building will have a shingled pitch roof and a brick face.  It will have a bank of architectural block and small columns in the front.  The plan also calls for a small cupular at the top.  There will be two wings housing the classrooms, which will be the same material as the front.  The back

of the building that will house the gym, cafeteria, kitchen area and maintenance area will be a split base block with a flat roof.  Metal roof areas will be put in the back to dress it up.  There will be no windows in the gym.  Reason being that artificial light is better for basketball players.  Each wing will have 24 classrooms.  The septic system was pointed out on the design.  The baseball field will be sprinkled with the water from the existing well.  There will be a sign out front but nothing has been established as yet.


Alicia Harshfield asked about the slope near the gas pipe.  Her concerns were how close the noise level, lighting, infiltration system and parking spaces were getting to the wetland.  She also asked if any more of the forest would be taken out since it had already been forested and that it had changed the ecology of the area.  There are many endangered species in the area, which is a major concern for the Conservation Committee.


Brad Mezuita showed where the gas pipe was located on the plan.  He also pointed out the wetland on the plan.    There will be some additional foresting near the proposed fields in the back.  There is a natural bowl in the back be used as a detention area.


If was suggested from Gerry Boucher to walk the site with Brad Mezuita, Jim Delisle, the Conservation Committee and the Planning Board to get a better idea of how it will all fit.


Paul McLaughlin, Conservation Chairman, asked the reason for the 239 parking spaces.


Gerry Boucher answered that it was request from the school to maximize the use of the site and not harm the wetlands.  Remember that this building will also be used for voting, town meetings and overflow from the Memorial School. 


Alicia Harshfield was curious of the impervious areas.  52 acres on one side of the gas pipe is not looked at.  She would like to see the wetland area used as an outdoor education plan.


It was asked if the CLD would review this.  No they would not but the State would.  Traffic was also brought up again.  Since this is not a new carload it should better disburse the traffic.


Deb Casey said that there is no reference in the study to the larger wetland.  Mark West and Bernie Waugh told the committee that they should always look at the overall plans to see big picture.  What is missing here is a topology map.


Jeff Gowan stated that the opportunity for teachers using the wetland as a teaching tool would raise student consciousness to the wetlands.




Walter Sicard of Pelham, an abutter, asked which wetland would be filled and can the design be expanded to house more students in the future.


Jim Delisle pointed to the wetland being filled.  He also said that it is designed to be expanded.  It has a capacity to care for 1,000 students. 


Alicia Harshfield asked what the cost would be for the water from the Pennechuck line.


Gerry Boucher said that yes they are negotiating with Pennechuck.  We need to sprinkle the building and have holding tanks and a backup generator.  Yearly we will have to monitor the water, test it and running the pump.


Victor Danevich said that if this is accepted for consideration he has the following concerns:      

1)   Does CLD need to review – highly recommends

2)      Need overall topo map

3)      Have Highway Department review it

4)      Need septic plan

5)      Overall plan for construction with respect to erosion control

6)      Pipe line designation

7)      Take a site walk


Jim Delisle said that he would get a construction schedule to the Board.


MOTION: (Casey/Culbert) To accept the plan for consideration sending it to CLD for review and taking a site walk.


ROLL CALL:  Jeff Gowan – yes, Gael Ouellette – yes, Henry DeLuca – yes, Victor Danevich – yes, Paddy Culbert – yes, Deb Casey – yes, Bill Scanzani – yes


The motion carries   7-0-0


ML 9-63  Mary Farm Trust St. Al. – Woodlawn Circle – Proposed 11 Lot Subdivision for consideration


The Secretary, Bill Scanzani, read the list of abutters.


Peter Zohdi of Herbert Associates presented the case.  This is left over from a previous subdivision.  It will have 2 cul-de-sacs.  The left side will have 6 lots and the right side will have 5 lots.  For the right side they are proposing from the end of the pavement 700-ft to the end of the cul-de-sac with a 4% grade for the road.  There will be a little fill on the corner of the cul-de-sac and they will go before the Conservation Committee because of the crossing of the 2 WCD areas.  They are not asking for a dredge & fill.  The entire road is a ditch line design and they are not proposing any curbing, proposing sheet draining.  On the left side they are proposing 650-ft to the end of the cul-de-sac with a 4% grade for the road. They are not asking for a dredge & fill and the road will be the same as the other proposed. 


The connectivity of the road was discussed so as not to form a cul-de-sac.  The Town of Pelham owns the parcel of land that would connect, 9-65.  The developer will ask what right of way the Town of Pelham will want.  This is a woodland area with a wetland.


Peter Zohdi explained that there is an existing brook running through the area.  There is also a culvert crossing that is in existence and a dredge & fill permit still in existence. 

There is a right of way to Christopher Lane and to Arlene Drive.  They have no objection getting another 50ft right of way.


Henry DeLuca asked why not cut across the cul-de-sac through parcels 9-63-3, 9-63-2 & 9-63-6.


Peter Zohdi said he could add the land to 1 of the 2 lots and will have an answer for the next meeting on what the dash lines on the plan are exactly.


Deb Casey stated that on the lot where the houses are very close together, the well is in the wetland.


Peter Zohdi explained that the well is not in the wetland but in the WCD.


Victor Danevich said that this would be checked out by CLD.




Eric Anderson, an abutter from Pelham, asked if the houses would be single or duplex.  If there would be any blasting and what assurances would there be against wells going bad, foundations cracking, ceilings and walls cracking.  He stated that there is a lot of ledge in the area.


Peter Zohdi stated that they would be single family homes with up to 4 bedrooms, which is stated on the plan.  He said that there would be blasting and certified people would be hired to do the blasting.  It would be wise to videotape your foundation, ceilings, walls etc before this occurs. 


Joan Sullivan, an abutter from Pelham, had comments on the 2 existing culverts.  There is a major culvert, which begins on Windham Road and surfaces on their property.  It is 4 to 5 feet wide and 2-ft deep. There is also a smaller culvert, which it connects to.  The Sullivans property seems to be the lowest property in the area.  She pointed this out on the map.  She asked where the house would be, where the well and leach field would be.

She was also concerned about the culvert overflowing.


Peter Zohdi explained that the wetlands were flagged and that they are proposing that the house be180 – 190 ft from the Sullivan home.  The leach field would be a minimum of 200-ft from the back of the Sullivan property line.  He would not be adding to the drainage problem and would not be making it worst.


Victor Danevich said they would take this into consideration and have CLD look at it.  He invited the Sullivan’s to join them for the site walk and even thought it is outside the normal area they will look at it. 


Frank Sullivan asked what kind of assurance do they have if they have problems with water, cracks from blasting, etc.  Where do they go for compensation?  What if the developer goes bankrupt?


Jeff Gowan stated that there is not warranty about property damage.  He suggested taking a video of the foundation, etc.  The only recourse would be to go after the developer with any problems.  If the developer goes bankrupt you would have to go to the Insurance Co. 


Vince Messina explained that a developer puts up a 110% bond for road construction before they begin constructing.  Builders hire licensed blasters and the fire department oversees this work.  The abutter should ask for a pre-site survey.  If you are within 200-ft it is a must and would require a water sample.  The Insurance Company makes sure that this happens and if requested could be done if you are within 600-ft of the blasting.


Frank Sullivan also stated that there is a truckload of tires buried on the lot and what is the contractor’s responsibility.  He stated that these tires were said to be buried to the right of Woodlawn Drive.  His other concern was that the developer has built many duplexes in town and could he change these single-family homes to duplexes.


Peter Zohdi said they would do further testing and, if the tires are found, the developer would have to dispose of them.  He also explained that they cannot be changed and they would have to go to DES and the Planning Board to change the homes from single to duplex.


John Grenda, an abutter from Pelham, is very concerned about the blasting.  He said that there is a 70-ft high ledge in the area.  This part of town is considered Ledge City.  He is concerned about the blasting and the mass of ledge and mystified as to how they got perk tests.


Victor Danevich encouraged John Grenda to go on the site walk when scheduled.  He also said that the Town Health Agent and CLD would have also done test pits.


Eric Dube, an abutter from Pelham, asked if these houses would have town water or would they be wells.  He also asked when the site walk would be.


Peter Zohdi said they would be individual wells. 


Victor Danevich said that the site walk would be scheduled at the end of the meeting and is usually the Saturday before the next meeting.  A call to the Planning Department could also answer that question.


Charles Tresti, an abutter from Pelham, asked if a wells impact study was done and he was concerned of the aquifer in the area.  He also had a concern about the clearing of the trees in the area.


Peter Zohdi answered that NHDES requires that each lot have a 75-ft well radius.  He said that the clearing of the trees is strictly on the shoulders of the Planning Board and they usually ask for a 20-ft buffer zone.


Frank & Joan Sullivan asked if everything that is agreed to was in writing and if the developer would fill the hill to level out the land to put up a house.


It was stated that yes everything was in writing and on the plan.  The Planning Board and the Conservation Committee would never allow the filling in of wetlands.


Debbie Tresti, an abutter in Pelham, stated her concerns about the blasting.  She asked if there had ever been a case where a developer stopped his project and it would be left a mess.


Peter Zohdi said that in 20 years there has only been one subdivision that took 1 year to complete.  Developers go to a lot of expense to do this and they do not give up easily.


Victor Danevich then stated the concerns…

1)      Lot line clarification for lot 9-63-3 move to make it more square

2)      9-51 clarification

3)      Wetland Study completed

4)      Economic impact study

5)      Drainage Study

6)      Conservation Committee appearance

7)      Tire report

8)      Tree line buffer

9)      Blasting of 80-ft ledge

10)  Culvert perk test

11)  Traffic impact study

12)  Safety Committee study

13)  Special wetland impact consideration


MOTION: (Scanzani/DeLuca)To accept the plan for consideration.


ROLL CALL:  Jeff Gowan – yes, Gael Ouellette – yes, Henry DeLuca – yes, Bill Scanzani – yes, Victor Danevich – yes, Paddy Culbert – yes, Deb Casey – yes


The motion carries    7-0




ML 3-130  William Coleman – Mammoth Road – Proposed 7 Lot Subdivision for continuation


This was continued to the August 7, 2000 Planning Board Meeting.


ML 3-138 Nationwide Construction – Bush Hill Road – Proposed 5 Lot Subdivision for approval


This was continued to the August 7, 2000 Planning Board Meeting.


ML 1-57 Barbara Whittaker – Special Permit for Wetland Crossing – 9 Mammoth Road – Proposed 6 Lot Subdivision for approval


This was continued to the August 7, 2000 Planning Board Meeting.


ML 1-161       Estate of Charles Jack – Greenmeadow Estates – Greenmeadow Drive – Proposed 9 Lot Subdivision for approval



This was continued to the August 7, 2000 Planning Board Meeting.


ML 7-44-1      KDS Properties – Atwood Road – Site Review for proposed elderly housing for approval


Peter Zohdi of Herbert Associates is presenting.  They meet with the Fire Chief and he wanted a fire lane in back not less than 18-ft.  The moved the buildings and made them a little shorter.  The Fire Chief was concerned in getting stretchers inside the buildings.  They took some of the parking & made shrubbery areas.  They are trying to contact Rite Aid in order to bring a sidewalk to there.  The plant schedule is on the plan.  This complex will be an adult community of 55 & older people.  If trees are removed they will be replaced with fruit trees. 


The board then discussed the crosswalks.  It was decided that there would be a crossing line on Atwood Road near the Doctor’s Office then one crossing Livingston St. so people could then go into the entrance near the Post Office.  A permit to paint will be needed from the Board of Selectmen.  Also a Pedestrian Crossing sign could be placed in these areas.


Victor Danevich listed the items requested from the prior meeting.  1) Fire Lane, which was looked at with the Fire Chief, 2) Tree replacement and 3) Specific request for forester.


Alicia Harshfield said that the concern of the Conservation Committee was the extensive number of pines in the area and the safety concerns of them coming down in a storm.  The type of soil in the area will not hold the pines necessary.  Not all the trees need to come out and a forester would be helpful.  Dan Sear is the forester that is used here in town.


The sign plan will be provided to Vincent Messina for approval.


MOTION: (Scanzani/Gowan) To approve the plan subject to the following:  Any site specific state approvals, letter of intent for 55 and older development, final site review by CLD, paint cross walk at Atwood and Livingston done to BOS requirements, show fruit trees on the plan, that the sign meets town regulations and that the applicant consults with the town forester.          


ROLL CALL:  Jeff Gowan – yes, Gael Ouellette – yes, Henry DeLuca – yes, Bill Scanzani – yes, Victor Danevich – yes, Paddy Culbert – yes, Deb Casey – yes


The motion carries   7-0-0


ML 13-37       John & George Harris – Kopers Lane – Proposed 9 Lot Subdivision for approval


Peter Zohdi of Herbert Associates presented.  He stated that the last time he was here there was concern from CLD about hay bales and silk fencing.  If they cannot get the hay bales, it will be a double silk fence.  Instead of the curved pipe for drainage there will be a straight pipe as requested by Dave Brouilett and Vincent Messina.  Dave Brouilett has also requested a site walk to go over the topography.  He also wanted the detention area and the treatment area to be completed before the construction begins.  Phase 2 will be finished before Phase 3.  Tim Zelonis is working on this now.


Dave Brouilett of CLD is requesting cross sections to be 50-ft.  He has concern about the steep slopes and the types of soil that are highly erodable.  He asked for a change in construction sequencing to stabilize first.  They want to minimize the area disturbed.


There was no public input.


No Conservation Committee input.


MOTION: (Scanzani/Culbert) To approve the waiver request that was submitted for the cul-de-sac.


Roll Call:  Jeff Gowan – yes, Gael Ouellette – yes, Henry DeLuca – yes, Bill Scanzani – yes, Victor Danevich – yes, Paddy Culbert – yes, Deb Casey – yes


The motion carries    7-0-0


MOTION: (Scanzani/Culbert) To approve the plan subject to 1) no construction will begin until Phase 2 drain is stabilized per recommendation of  CLD, 2) subject to final CLD approval, 3) a cross section every 50-ft and 4) Sequencing approval.


ROLL CALL:  Deb Casey – yes, Paddy Culbert – yes, Jeff Gowan – yes, Gael Ouellette – yes, Henry DeLuca – yes, Bill Scanzani – yes, Victor Danevich – yes


The motion carries        7-0


A discussion then ensued between the members about safety and traffic issues for lots over 10 or more.    The selectmen have the final approval for road names.  There have been several issues with 911 calls about road names in the past.  As far as the numbering of houses every 50-ft requires a different number.  This could mean that every house has 4 numbers.


The next meeting will be on July 24th with the Conservation Committee and Mark West and Bernard Waugh.


A discussion about whether to have Old Business before New Business then took place. 


MOTION: (Casey/Culbert) To change the order to Old Business first then New Business second.


This was discussed at length between all the members.  The Board by a vote could change it tonight.  An issue is the abutters being notified 10 days prior to the first agenda.  They are here and if put in second, they would disappear.  The charter is written New Business then Old Business.  Accepting an application starts the clock but an incomplete application could be denied.  The attorney was consulted and the board can temporarily change the order or permanently change the order.  He does not recommend it because of the public notification issue.  Gordon Graham will be at the meeting of July 24th and it could be discussed then.


Paddy Culbert rescinds his second.


Deb Casey rescinds her motion.


The Board will check their schedules to see if they can go to a site walk on July 12th at 6:30 PM at the new school site with the Conservation Committee.


On Aug. 5th at 8:00 AM there will be site walks to the school, Mary Farm Trust and the rescheduled site walk of William Coleman.


The next public meeting will be on August 7th.


The meeting was adjourned at 11:20.


Respectfully Submitted,



Therese Soucy

Recording Secretary