Town of Pelham, NH

Pelham Conservation Commission

6 Village Green

Pelham, NH 03076

Meeting of 3/9/2005 = &nb= sp; = Approved 4/20/05

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Members Present &= nbsp; &nbs= p; &= nbsp; Absent

Robert Yarmo, Chairman &= nbsp; &nbs= p; Paul Gagnon &= nbsp; &nbs= p; &= nbsp;

Deborah Scott

Amy Breault

Paul Dadak = &nb= sp; = &nb= sp; =

Glennie Edwards (Alternat= e)

Shirley Wakefield (Altern= ate)

Chairman Yarmo brought the meeting to order at 7:30 p.m.

HEARINGS:

Map 15 & 22, Lo= ts 8-86, 88 & 89 – Pelham Estates, Inc., Tina Ave & Balcom Rd.

Proposed 23 Lot Subdivision

This case is represented by Mike Gospodarek of Edward Herbert & Associates.<= span style=3D'mso-spacerun:yes'> He explained that he was here befo= re the Planning Board in January and is trying to set up a site walk with Conserva= tion Commission on a plan that was submitted to the Planning Board. He said the plan has not changed a= ny – it wasn’t the conceptual plan at that time. He is looking for some input from Conservation to the Planning Board so that this plan can move forward. Mr. Gospodarek explained there are= 4 isolated wetlands that are under1000 sq. ft. There is a need for a wetland crossing between 2 prime wetlands, Golden Brook and an isolated wetland on = the other side (around station 19). The project hasn’t changed since January. The plan before the Commission does contain some comments from Defresne Henry mainly on drainage and some issues with the set-backs. They had discussed some flood plain issues. The plan now shows a mitigation area around the 50’ Conservati= on buffer zone.

Mr. Gospodarek pointed out the 4 isolated wetlands. As you come into the project there= is one on the left, and going 700-800 more feet there are 2 small wetlands that are under a 1000 sq.ft. There is another one off the side street. They are not proposing to do anyth= ing with these wetlands. Jim Gove= has covered it in his environmental report.&nb= sp; Mr. Yarmo asked Mr. Gospodarek to walk us through the drainage of how it’s collected and where it is discharged. Mr. Gospodarek said it is coming f= rom Tina Avenue= and going directly to a culvert, which he pointed out. There is a treatment swale paralle= l to the wetlands and eventually meanders back to the wetlands. The drainage at the cul-de-sac com= es down into a treatment swale. = Both treatment swales are out of the buffer zone. The drainage that comes out of Balcom Road= goes into a treatment swale also. = Mr. Yarmo asked why couldn’t they go with street drainage? Mr. Gospodarek says the area is pr= etty flat until you get to another area that is 6 to 7 percent grade. The Planning Board requires a 50-y= ear storm plan that will handle a lot more volume of water. Sometimes, he said, it creates a p= roblem with street drainage. Mr. Yar= mo stated that street drainage is a little more environmentally friendly than a catch basin pipe. Mr. Gospoda= rek agreed. Mr. Yarmo said he not= iced on the plan that in some instances there are hay bales and the silt fabric. Mr. Gosbodarek said t= hey were using mulch berms and siltation fences, they weren’t using hay bales. Mr. Yarmo questioned why silt fence was used at the wetland crossing= and not used elsewhere? Mr. Gospo= darek said mulch berms were used when they wanted to be more conservative with the construction equipment. Mr. Y= armo asked how high above the wetlands is the road at the crossing? Mr. Gospodarek said it was a littl= e over 6-ft. Mr. Gospodarek said the= impact to the WCD is about 13,000 sq.ft., a little over 5,000 sq.ft. to the actual wetland itself. They will be removing material to do the floodplain mitigation. Because they are crossing the wetl= and that has a floodplain they will also filling that floodplain in order to balance the floodplain elevations.

Mr. Yarmo said from an environmental standpoint, a task that needs to be decided tonight is what are the Commission’s determinations and recommendatio= ns. to DES and the Planning Board on whether or not to support the wetlands crossing. The question comes = up quite frequently whether or not is it essential to the project. Can this project be developed with= out the wetland crossing? Mr. Gospodarek said no it can’t based on the planning boards regulations = with the limited cul-de-sac lengths. He said it’s necessary to cross the wetlands. He was asked if it wouldn’t = meet the cul-de-sac regulations and the answer was absolutely not.

Jim Gove, Gove Environmental Services walked the Commission through the environ= mental report. His company prepared = the dredge and fill application, the wetland delineation, the site and soil map= ping and the environmental impact assessment.&n= bsp; Mr. Gove made reference to Island Pond Brook that goes through the parcel and power lines cross over the parcel also. Arial photos of this area were tak= en in 1998. The photo shows the power lines, a section that is mowed, scrub shrub= and it is controlled by the power line company. You can also see the gravel pit operation. In the photo of 19= 98 you can see that this was forested white pine.= You can see Golden Brook and a large marsh area from the photo. The gravel pit in 2005 shows expan= sion and it was logged. The wetlan= d area that connects the two wetlands being discussed is associated with Island Po= nd Brook and Golden Brook. The t= own of Pelham = owns a piece of conservation land adjacent to this. In the course of doing the dre= dge and fill and the environmental impact assessment, they wanted to take a loo= k at any threatened or endangered species. What came back from National Heritage Inventory is swamp, white oak,= and floodplain forest along Beaver Brook. There is also river birch, wild garlic and bitter crest. There is a utility right-of-way an= d is thought to be wildlife corridor. The size of the parcel to be developed is 46.63 acres.

Mrs. Wakefield questioned Mr. Gove as to what the impact is on the wetlands with= 23 homes surrounded by wetlands. Mr. Gove agreed that there would be a good deal less wildlife usage from what is there today. Mr. Gove said th= ere would be no impact on the wetlands water quality from septic systems, etc.<= span style=3D'mso-spacerun:yes'> He said the soils are excellent fr= om the standpoint of preventing pollution from septic systems. Mr. Yarmo questioned the size and = type of culvert that would be used in order to accommodate reptiles, etc. Mr. Gove said there are no guarant= ees that they will be used by amphibians or reptiles, that many times they pref= er to go around culverts, even box culverts.&= nbsp; Mrs. Wakefield suggested that houses proposed for lots 86-5, 86-6 and 86-14 be eliminated to allow for more room for wildlife crossing, and/or mo= ve the driveways further away from the WCD.&n= bsp; Mr. Godspodarek said that there are restrictions as to where the well and septic system radius can go, but could try to move the driveway locatio= ns as suggested. Mr. Yarmo asked= about the wetlands signs and requested they be located every 25 feet? Mr. Yarmo will make that recommend= ation to the planning board.

PUBLIC INPUT:

Mr. James McManus, 2 Rita Aven= ue, Pelham, questioned Mr. Gove about photos taken in 1998 - and comparison information in 20= 05 where all the trees have been taken down. He said that there is no vegetati= on on this site now, it’s completely gone. Mr. McManus reports that as of 12:= 30 today (3/9/05) it is all plowed where the wetlands are, that there is a cul= vert and you can drive a car over it. Mr. Yarmo asked if the buffer had been removed – the answer was “it has”. Mr. Gove acknowledged that the WCD has been encroached upon. Mr. Gospodarek said from what he understands the forester who did the work installed a 24” temporary culvert. He said that the plan shows that a 24” plastic pipe is to be removed. Mr. Yarmo said he didn’t thi= nk a forester or a logger could install a 24” pipe in a wetland without a dredge and fill permit; isn’t the normal procedure to do some tempora= ry log crossing? Mr. Gove said t= hat under the logging guide you file an intent to cut and you make a note in the intent to cut that you are going to be installing a crossing – and to= do so in the best management practices. At the end of the logging activities it’s suppose to be removed and stabilized. Mr. McManus s= aid that his only other concern was about a statement made at the planning board the other evening was that this is, in fact, a wildlife corridor. Mr. Yarmo said he had concerns abo= ut looking at a 1998 photo when they should be looking at one taken more recently. Mr. Gove responded = that GIS did the photo and is the database used at UNH. He said that he does not have anot= her set of aerial photos covering Pelham at a later date that are GIS rectified= for the state plane coordinate. Until the state does another set of aerial phot= os we are stuck with these photos says Mr. Gove. The site had been flagged prior to= the clear cutting and was done the year before the cutting occurred. Mr. Yarmo asked Mr. Gove if it was possible to take the 1998 photo and overlay it on the plan to show exactly where the wetlands are? Mr. G= ove said that it could be done, but only the larger ones would show, not the smaller ones. Mr. Yarmo asked= Mr. Gove to provide the overlay to show the outline of the wetlands and that it= be available when the site walk is done. Mr. Gove acknowledged, “We can easily do that”.

Paul Pellerin, 5 Tina Avenue, Pelham, NH questioned whether the 23 new homes being built would have an impact on area wells? Mr. Yarmo said that he should bring his concerns to both boards.&= nbsp; The Planning Board has the ultimate power - we can only make recommendations. Mr. Pellerin= said his present well is 289 feet deep. His concern is when these other 23 homes are in will it affect his well. He said he’s hear= d in past meetings where stipulations are part of the plans. Mr. Yarmo wasn’t aware= of this happening on any plans. = He said that the developer could be financially responsible if one could document t= he loss and it becomes a civil issue. <= /span>

Patricia Pellerin, 5 Tina Avenue asked if the area beh= ind Tina Avenue= near Golden Brook would be looked at when the site walk is done. Mr. Yarmo said no it is a separate issue. There has been complete clearing and filling in this area and it is the same landowner that did thi= s.

Mr. John O’Loughlin, develo= per of Pelham Estates said the 10-acre parcel behind Tina Avenue has nothing to do with = these 22 lots. Mr. O’Loughlin= said the test pits done, as he understands it, was because of the Gendron Junk Y= ard and is nearer to Hobbs Roa= d.

Mr. McManus made reference to the stumps that were there and are now on another parcel and was unsure if the = town or Mr. Ploof owned it. He sai= d the stumps did not come from the proposed development and wanted to know what is going on with that problem. H= e was advised to contact Tom Gaydos, administrative assistant to the selectmen.

BACK TO THE BOARD:

Mr. Yarmo said that having Jim Go= ve do the overlay would be a great help when the site walk is done. We have a concern about the buffer encroachment. This will be de= termined at the site walk and suggested that it be replaced and planted. We would also like to see an addit= ional buffer due to the fact that this is a prime wetland and is recommended in t= he environmental report. The dre= dge and fill was submitted to the town on February 2^nd. – The Conservation Commission has not seen the dredge and fills application. There will be a public hearing in = Concord on this pa= rticular dredge and fill application due to it being right next to a prime wetland.<= span style=3D'mso-spacerun:yes'> Abutters will receive certified notification of this public hearing.

Mrs. Wakefield says she has a pro= blem with the 2 houses that are adjacent to the crossing, specifically lots 8-86= -5 and 8-86-14. She would like t= o see the driveways moved to the opposite edge of the properties.

Map 39, Lot 1-53 & = 1-55 – LRL Properties, Sh= erburne Road - Proposed 5-lot subdivision – One = lot has an existing house on it

Mike Gospodarek represents this plan. The project was present= ed to the Planning Board for application approximately 40 days ago. They have yet to have a hearing &#= 8211; it is scheduled for the first Monday in April. The development is a simple small cul-de-sac, approximately 800-ft long with one wetland crossing. The draina= ge from the street and driveways is coming back to Sherburne Road through a treatment = swale that is next to a wetland. Th= ere are a couple of impacts to the wetland crossing and a WCD impact at the treatment swale location. Mr. Gospodarek is requesting an early site walk so as to move through the plann= ing board office and have the Conservation Commission make their recommendations. The site con= tains about 30 acres for four house lots. Mr. Yarmo suggests that the width of the road might be reduced, but = it would depend if the Planning Board would agree to it. Mr. Yarmo asked about an environme= ntal report and Mr. Gospodarek said they had no intention of providing one unless requested by the Planning Board. Mr. Yarmo commented that it is a pretty wet site. It’s proposed to keep the driveways tight to lessen the impact on the wetland crossings. A site walk will be scheduled. The parcel will be flagged prior t= o the site walk.

Meeting Minutes: Postponed (1/12/05)

Wetlands Brochure- Pres= entation by Shirley Wakefield

Members of the Commission were as= ked to read over the brochure and make suggestions. These brochures would be available at real estate offices, the planning office and the town clerk’s office. More discussion will follow as this is in draft form. Some information contained on the brochure was taken from the town of Salem’s and was very helpful said Shirley. The brochure will be friendly, informative and include the laws and ordinances relating to Pelham’s wetlands. Mrs. Wakefield said she could use = some help with the language in order to get her points across. Open space is also mentioned in the brochure. Mr. Dadak suggested= that persons who are applying for building permits be given one of these brochur= es.

OTHER:

Mr. Yarmo gave an update on prior wetland inventory and evaluation proposal by Mark West who came to a meetin= g a few months ago. He will be analyzing and mapping prime wetlands. A cost of $16,000 was the figure given to us for this work. Mr. Yarmo will sign the proposal; it was approved in the budget.

There was considerable discussion about the clean up of the Fernette property on Hinds Lane. All the junk cars have been removed – 12 cars have been removed. Kirk Provencal who offered his time and equipment sustained damage to his equipment, totaling $830.00. A bill will be submitted for payment from Conservation’s monies to cover the repairs and replacement costs. The Commission is still looking for equipment and volunteers to fina= lize this cleanup.

Meeting adjourned at 9:30= p.m. &= nbsp; &nbs= p;

Respectfully submitted,

Glennie M. Edwards, Recording Secretary