Town of Pelham, NH

Pelham Conservation Commission

6 Village Green

Pel= ham, NH 03076

MEETING OF July 14,= 2004 &= nbsp; &nbs= p; &= nbsp; Approved 8/11/04

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Members Present &= nbsp; &nbs= p; &= nbsp; &nbs= p; Ab= sent

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

Deborah Scott &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; Paul Dadak

Amy Breault

Shirley Wakefield (Altern= ate)

Glennie Edwards (Alternat= e)

Chairman Robert Yarmo bro= ught the meeting to order at 7:30 p.m. Chairman Yarmo welcomed Glennie Edwards as an alternate member.

HEARINGS:<= /o:p>

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Map 26, Lot 2-79 – Hinds Lane – Pro= posal to purchase parcel to be acquired for use as Conservation Land.

This was a re-hearing and invitation for public input for the purchase of this parcel. This case was originally heard at = the June 9^th meeting. = During the site walk of the property there was a question as to whether the Conser= vation Commission had met a quorum with its vote of three (3) members present out = of five (5) members total. Chair= man Yarmo referred members of the meeting minutes of June 9^th, which there was an extensive discussion about the purchase of this property. Deb Waters had made a presentation= on that date. Quick review, the = dollar amount was $780,000.00; the original asking price was $940,000.00 based on = an appraisal – made up of 135 acres at the end of Hinds Lane. There was a conceptual sub-divisio= n plan that showed 39 house lots. Th= ere were several abutters who came to the June 9^th meeting with favorable input to purchase this land.

PUBLIC INPUT: None

BACK TO BOARD: The status of this is that the sel= ectmen have approved the purchase with the contingency of completing a survey that will verify some of the items that we have stated, such as there being 135 acres, and access on Hinds Lane. At the last meeting Paul Gagnon made a motion to purchase the property and to expend $780,000.00 from the Conservation Fund. Glennie Edwards said that Wendy Smigelski, who was at the June 9^th meeting, was advised of this meeting tonight. Wendy had be= en in contact with the people that had attended the June 9^th meeting w= here the motion was made and approved and said that nothing would change their m= inds and they didn’t feel that they had to be here at this meeting tonight. Ms. Smigelski said s= he and her neighbors fully support this purchase, as they did at that meeting.

MOTION: (Shirley Wakefield/Deborah Scott) = To approve the expenditure of $780,000.00 from the Conservation Fund for the purchase = 135 acres of land, Map 26, Lot 2-79.

VOTE: 5 to 0. Voting in the affirmative = are Deborah Scott, Amy Breault, Bob Yarmo, Shirley Wakefield and Glennie Edward= s.

Map 2, Lot 5-75 – Keyes Hill Ro= ad Realty Trust/George Charest, Trustee – Parkside Drive Subdivision. Review of Proposal to donate land = to the town.

Chairman Yarmo said the Conservation Commission had received a letter from the Board of Selectmen w= ho stated that the owner of this parcel had approached them and requested to donate a portion of this land to the town of Pelham. In a 2003 meeting, a vote adopted a portion of RSA 41-14-A under Art= icle 39. The process for accepting donation begins with review of both the Conservation Commission and the Planning Board. There is a po= rtion of land that was orphaned from the sub-division and is part of the railroad= bed and abuts the E. G. Raymond Scout Lot.&nbs= p; In the meeting minutes of the Planning Board, “Spike” Ha= yes explained that this triangular piece of land has two sides that abut Raymond Park. Mr. Hayes said in the e= arly 70’s he purchased the trolley right-of-way from Mr. and Mrs. Norman Provencal and that the trolley rail had essentially separated this triangle piece from the main portion of the parcel.= This would be another addition to the North Pelham Park complex stated= Mr. Hayes. The sub-division plan = shows the last the railroad bed separates two lots. At the Conservation meeting of Jun= e 9^th, Paul Gagnon made a motion, seconded by Amy Breault, to send a positive recommendation to the Board of Selectmen to accept the donation.

MOTION: (Amy Breault/Deborah Scott) To sen= d a positive recommendation to the Board of Selectmen to accept the donation of land by Keyes Hill Road Realty Trust, Map 2, Lot 5-75. VOTE 5-0. Voting Affirmative: Deborah Scott, Amy Breault, Bob Ya= rmo, Shirley Wakefield and Glennie Edwards.

Map 38, Lot 1-116, Cormier & Saurman, Litchfield Circle – Proposed 12-lot Subdivision on = Sherburne Road

Chairman Yarmo gave an up= date on the project. Four members of = the Conservation Commission and Mike Gospodarek, P.E. of Edward Herbert Associa= tes attended the site walk. A cou= ple of issues came up that need to be reviewed and an environmental report was sub= mitted a couple of meeting ago. The = Louis Berger Group sent a memorandum to Town Planner William D’Andrea of the Planning Department. Gove Environmental and Edward Herbert Associates were copied on this memorandum. It is a draft environmental review of Sh= erburne Road, an 11-lot subdivision, referenced as Litchfield Circle Extension. = Mr. Gospodarek stated that the issues on the project were the buffer zone that = was near the roadway. The right s= ide will be graded back to blend in with the roadway to the natural ground. There had been a concern about the driveway on lot 11-1 and Conservation had recommended the driveway be moved= out of the wetland buffer nearer to lot #116-2. Mr. Gospodarek said they had no pr= oblem with that if they were allowed to do that.= The site line on Sh= erburne Road was discussed during the site walk. Some trees may have to come down according to Mr. Gospodarek. = There were many ferns and trees, but not bushes.= Mr. Yarmo had brought up the drainage of the treatment swale during = the site walk that is 550’ long. Mr. Gospodarek is looking for direction from the Conservation Commis= sion on the buffer zone in order to bring it to the Planning Board. Mr. Yarmo said that his comment ab= out the treatment swale was he thought the length was excessive, that that treatment swale is designed for a 50-year storm event. Mr. Gospodarek made reference to a= storm in April of 2004 where the ground was already saturated and there was a excessive runoff. Mr. Yarmo questioned the wetland between lots 6 and 7 that was seen during the site walk. The Berger report state= s that the small isolated wetland that lies between lots 6 and 7 appears to extend further in a northerly direction toward the proposed Litchfield Circle Extension (near station 12+50), and additionally, the wetland which lies in part on lots 1 and 2, appears to extend further to the west (near station 5+00). In both locations, the proposed roadway may encroach into wetlands or the WCD said Mr. Yarmo. He also made reference to comments= in the Berger report under conclusions and recommendations specifically, the B= oard may wish to seek additional information regarding the potential for additio= nal wetland resources within lots 1,2,6 and 7.= He continued by saying the Berger report said, should substantial encroachment into wetlands or the WCD occur within these location, the reduction in functional capacity of the wetlands will need to be considered= .

Amy Breault said that the= re was a discussion on the site walk about moving the driveway to lot #1 and asked if that would be done. Mr. Gospo= darek answered no, but that it would be considered at the Planning Board process = if they have a particular issue with that.&nb= sp; Mr. Yarmo said that the driveway location had been addressed to avoid the wetlands and the WCD. Mrs. Wakefield asked what the impact was on drainage on the house below. Mr. Gospodarek stated they are try= ing to collect the water via the swale next to the roadway. Mrs. Wakefield said that one of the swales seems to come very close to one of the houses. Mr. Gospodarek said there would be= no impact as the wells and septic system as they are in the back and that a culvert is to be installed under the driveway. Mrs. Wakefield asked if any of the abutters had objected to the layout of the plan. Mr. Gospodarek said that there had= only been one meeting with the Planning Board where they took exception to it. The abutters did express concerns = about the cul-de-sac, that they didn’t want the asphalt removed, loamed and seeded. That seemed to be the= only issue said Mr. Gospodarek. Mr. Yarmo said there was a buffer designation that was missing on the plan for = lot 6 and a concern for the driveway on lot #1. Also, there had been discussion of providing access to the Tyngsboro conservation area, possibly a walking easement. Mr. Gospodarek stat= ed that this parcel did not abut the Tyngsboro conservation area. Mr. Yarmo asked about providing a walking easement to the adjacent land, should that be developed, so that th= ere would be access to the recreation area in Tyngsboro in the future. Mr. Yarmo spoke of the clearing at= the end of Litchfield Circle where it intersects with Sherburne Road and said he did not feel that clearing the trees in the buffer area was not that significant to the wetlands and didn’t want to see the under story cleared. Mr. Gospodarek agree= d with Mr. Yarmo about not clearing the under story.

Mrs. Wakefield questioned= about a shaded area on the plan, and whether that meant that the road was going thr= ough the WCD. The answer was yes t= hat that was the buffer zone that was going to be impacted. Mr. Yarmo said that he didn’= t see any way to avoid it. Mr. Yarmo asked about the elevation and what it will be after the final completion at station #350. Mr. Gospodarek = said that the existing grade of the ground is approximately 292, and will be 290 which is 2-ft lower.

PUBLIC INPUT: None.

BACK TO BOARD:

Mr. Yarmo asked for comme= nts to the Planning Board because there is a couple of issues that need implementation. The first is = access to the Tyngsboro conservation area, secondly the driveway at lots 1 and 2 be addressed and third is the clearing of trees at Sherburne Road. Mr. Yarmo does not support a dredg= e and fill for removing that plant material on a permanent basis to create a site line. He recommends the Plann= ing Board review the comments of the Berger report.

MOTION (Deborah Scott/Amy Breault) To send four (4) com= ments to the Planning Board, re: Ma= p 38, lot 1-116: #1, Moving the dri= veway of lot #1 to potentially lot #2, #2, an easement to have access to the Tyngsboro conservation land, #3, a review of the wetlands as commented in t= he Berger report that are contained on lots 6 and 7, #4, that only clearing of trees on Sherburne Road area, and no dredge and fill application would be accepted.

VOTE: In favor – (5/0) Amy Breault, Deborah Scott, Shirley Wakefield, Bob Yarmo and Glennie Edwards.

MINUTES APPROVED: 5/12/04 (Amy Breault/Deborah Scott). Vote 4/0, 1 abstain

<= /span>“ &= nbsp; “ &= nbsp; 6= /9/04 (Deborah Scott/Bob Yarmo). Vo= te 4/0, 1 abstain

(Correc= tion on page 7, 3^rd paragraph to read “record keeping”

<= /span>“ &= nbsp; “ &= nbsp; 6= /30/04 (Amy Breault/Shirley Wakefield) Vote 4/0, 1 abstain

Map 26, Lot 2-79 – Hinds Lane<= /st1:Street>

Chairman Yarmo asked to r= eview clerical information, that the parcel needs to be surveyed. Members were asked to give the cha= irman authority to approve and sign it in order to move the process along. The acreage in both Pelham and Hud= son needs to be done for the selectmen. The initial information was only 90% complete and there were inaccuracies. The cost to hav= e the survey done may vary from $6,000.00 up to $20,000.00. A compass and tape survey will cal= culate the number of acres in Hudson and Pelham to an accuracy of plus or minus one acre. Also, to do an instrume= nt survey on Hinds Lane to determine the frontage. Mo= nies expended for this will come out of the Conservation Fund because it’s directly related to the purchase of the property.

OTHER: Ms. Edwards reminded the chairman = of the “Submittal Policy” that had been part of the meeting minutes a month or so ago. Mr. Yarmo wi= ll speak with Wil of the Planning Department to review the minutes and get his comments.

Chairman Yarmo stated tha= t the issue of a quorum had not been settled yet and invited anyone interested in serving on the Conservation Commission, either on a sub-committee or a volunteer or to do conservation projects to include acting as a liaison with the Boy Scouts and Girl Scouts. The Commission could use some help. Application may be made through the selectmen’s office.

MEETING ADJOURNED: 8:25 p.m.

= &nb= sp; = Respectfully submitted,

Glennie M. Edwards

Recording Secretary