Bedford Conservation Commission withholds recommendation for 15‑lot Wallace Road subdivision over wetlands and habitat concerns

The Bedford Conservation Commission voted 7‑0 on May 26 to withhold a recommendation to the Planning Board on Potter Properties LLC’s proposal to fill 6,875 square feet of wetlands for a 15‑lot subdivision at 410 Wallace Road, and separately approved sending a detailed comment letter to the New Hampshire Department of Environmental Services (NHDES). Chair Grant Killian said the Commission’s concern centers on the cumulative ecosystem effects, particularly the project’s western Lot 5, which he described as amplifying impacts to the parcel’s wetlands and wildlife habitat.

The application, presented by George Chadwick of Bedford Design and environmental consultant Luke Hurley, requests road and driveway crossings that would affect five wetland crossings. Chadwick told the Commission the design team revised plans after a May 7 site walk and submitted materials to Fish & Game and other state reviewers; he said the team increased one driveway culvert from an 18‑inch pipe to a 36‑inch pipe to improve amphibian and turtle passage under the driveway. Chadwick said state permits for dredge & fill, alteration of terrain, and subdivision review have been submitted and that Fish & Game has provided initial comments; he estimated the next round of comments within about 30 days.

Commissioners and dozens of members of the public pressed the applicant on avoidance measures and alternatives. Vice Chair Joanne Smith asked why culvert sizes varied and whether a larger diameter could be used for more crossings. Smith and others also raised long‑term concerns about runoff, fertilizer and pesticide use on new lots, and the potential for blasting to affect nearby foundations and wells. The Commission’s Conservation Planner, Kathleen Ports, advised that deed restrictions, buffers, and conservation easements can be recommended to the Planning Board but that state reviews operate on distinct technical criteria.

Commissioners framed their vote as a stewardship decision. "I feel like those are the main concerns for me, and it really does revolve around Lot 5," Chair Killian said during deliberations, noting uncertainty in the state record and the potential for fragmentation of contiguous forest and wetland habitat. The motion the Commission approved asked the Planning Board to consider a deeded no‑cut buffer for lots abutting Jackson Square, to seek a non‑disturbance conservation easement on Lot 5, to require compliance with DES ecological review stipulations, and to prefer larger crossing pipes where justified by DES and Fish & Game review. The motion passed 7‑0.

The applicant said he would consider a deed restriction or conservation easement for the back portion of Lot 5 but also warned that removing a lot could render the project financially impracticable because the developer will be extending infrastructure (roads, possible water service) and expects lot sales to fund those improvements. Chadwick confirmed the developer will construct roads and basic infrastructure, while buyers typically install individual wells and houses.

The Commission’s letter to NHDES will emphasize avoidance and minimization of wetlands impacts, ask that Fish & Game and state reviewers consider the parcel’s broader ecological connectivity, and request that NHDES weigh cumulative effects on water quality and species habitat. Staff said the draft would be refined to call out specific concerns related to Lot 5 before being finalized and sent to state reviewers.

The Planning Board will receive the Conservation Commission’s recommendation and the applicant’s application will proceed through the town and state permitting processes; the Commission’s action is advisory to the Planning Board and state agencies. The project remains under review by NHDES and Fish & Game, and the applicant said those processes are ongoing.